HomeMy WebLinkAbout97-1028
No. 20
COMMON COUNCIL
PROCEEDINGS
OF THE
CITY OF BUFFALO
OCTOBER 28, 1997
TASKFORCES
MAYOR AUDITORIUM AND STADIUM TASK FORCE: James
Hon. Anthony M. Masiello W. Pitts, chairman, Kevin J. Helfer, Bonnie K. Lockwood,
Rosemarie LoTempio , Corporation Counsel/Designee,
COMPTROLLER Commissioner of Public Works/Designee, Commissioner of
Joel A. Giambra Community Development/Designee, Commissioner of
Administration and Finance/Designee, President of
COMMON COUNCIL 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-Lockwood,
DAVID J. CZAJKA - LOVEJOY Chairman, James August, Frederick Holman, Barry Boyer,
BYRON BROWN - MASTEN Allan Jamieson, Lucy Cook, Jesse Kregal, Mark Mistretta,
ROBERT QUINTANA - NIAGARA Thomas Pallas, Philip Snyder, Lorraine Pierro, Cynthia
DALE ZUCHLEWSKI - NORTH Schwartz, Ann Poole, Suzanne toomey-Spinks, Dr. Rae
BONNIE KANE LOCKWOOD - SOUTH Rosen, MargaretWooster, Jerry Malloy, David P. Comerford,
KEVIN J. HELFER - UNIVERSITY Tammy Barnes, Terry Wherry
CARBON MONOXIDE TASK FORCE: David Czajka,
REGULARCOMMITTEES Chairman, Fred Larson, Matthew Baudo, Paul Mielcarek, David
Pierowicz, Phil Haberstro, Mike Rabb, Donna DeCarolisle, jay
CIVIL SERVICE COMMITTEE: David J. Czajka, 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,OCTOBER28,1997 ITEMNO.86,C.C.P.10/14/97
AT2:00P.M. The City Planning Board at its regular meeting held
Tuesday, October 21, 1997 considered the matter captioned
PRESENT - James W. Pitts President of the Council, above pursuant to Section 387-19 of the Buffalo Code, Review
and and Council Members Brown, Coppola, Czajka, of Pole Signs.
Franczyk, Gray, Helfer, Kavanaugh, Lockwood, The applicant seeks to erect an accessory sign which
LoTempio, Pitts, Williams and Zuchlewski - 12. will measure 13 feet by 5.5 feet which will yield a sign face area
ABSENT - Councilmember Quintana-1. of 71.5 square feet and will have an overall height of 25 feet.
On a motion by Mrs. LoTempio, seconded by Mr. The site is located in a C1 zone which permits such
Czajka, the minutes of the stated meeting held on signs upon approval of your Honorable Body. Since the sign is
October 14, 1997 were approved. not in compliance with the Buffalo Code, the applicant has
petitioned the Zoning Board of Appeals for a variance. Under
FROMTHEMAYOR SEQR, the proposed sign is considered a Type 2 action which
NO.1 does not require further environmental review.
APPOINTMENTOFMEMBERTOTHE The Board voted no objection to the proposed sign with
ELEVATORSAFETYREVIEWBOARD the following conditions:
Pursuant to the powers vested in me by Chapter 1. the sign should not exceed 20 feet in overall
167.3 of the Buffalo Code, I hereby appoint the following height,
individual as a member of the Elevator Safety Review Board: 2. the sign should be sited in an appropriately
David G. Asmuth landscaped base.
470-C Calm Lake Circle RECEIVED AND FILED.
Rochester, NY 14612
National Elevator NO.6
Inspection Services MERCYHOSPITAL,REQUESTTOERECTGROUND
Mr. Asmuth is being appointed as the insurance SIGNAT565ABBOTTROAD
representative. He has thirty-five years experience in the ITEMNO.87,C.C.P.10/14/97
elevator industry. Currently, he is Vice President of National The City Planning Board at its regular meeting held
Elevator Inspection Services. Tuesday, October 21, 1997 considered the matter captioned
David G. Asmuth is replacing Sam Leone who has above pursuant to Section 387-19 of the Buffalo Code, Review
resigned. His term will expire April 30, 1998. of Pole Signs.
I hereby certify that David G. Asmuth is fully The applicant seeks to erect an accessory, non
qualified to serve as a member of the Elevator Safety Review illuminated, ground sign which will measure 3 feet by 7 feet
Board. which will yield a sign face area of 21 square feet and will have
Also, please correct Mr. Peter Hall's employer as an overall height of 5 feet.
Schindler Elevator Corporation, 227 Thorne Avenue, Orchard The site is located in an R2 zone which does not
Park, NY 14127. permit such signs. Since the sign is not in compliance with the
REFERRED TO THE COMMITTEE ON LEGISLATION AND Buffalo Code, the applicant has petitioned the zoning Board of
CORPORATION COUNSEL. Appeals for a variance. Under SEQR the proposed sign is
considered a Type 2 action which does not require further
FROMTHEMAYOR-EXECUTIVEDEPARTMENT environmental review.
The Planning Board voted no objection to the proposed
FROMTHECITYPLANNINGBOARD sign with the following condition:
1. the sign should be sited in an appropriately
NO.2 landscaped base.
SOUTHELLICOTTURBANRENEWAL RECEIVED AND FILED.
PLANAMENDMENT-BLOCKS4,10AND15
The South Ellicott Urban Renewal Plan, was approved June NO.7
13, 1972, C.C.P. No. 108 and has been amended to BLESSEDSACRAMENTCHURCH,REQUESTTOERECT
accommodate changing economic conditions. This AGROUNDSIGNAT1025DELAWAREAVENUE
amendment will allow for a change in land use on the southern ITEMNO.88,C.C.P.10/14/97
portion of block 4 bordered by Spring St., Myrtle St., and The City Planning Board at its regular meeting held
Hamburg St. from residential to commercial/light industrial Tuesday, October 21, 1997 considered the matter captioned
development. This amendment also allows for the acquisition above, pursuant to Section 387-19 of the Buffalo Code, Review
of land on Block 4, Parcels 16 - 19; Block 10, Parcel 10; and of Ground Signs.
Block 15, Parcels 1 - 6. The applicant seeks to erect an accessory, illuminated,
The City Planning Board gave its unqualified approval to the ground sign with a reader board which will measure 4 feet by 8
plan amendment at its October 7, 1997 meeting. This report feet which will yield a sign face area of 32 square feet and will
from the City Planning Board is a prerequisite to Common have an overall height of 7 feet.
Council action. The site is located in an R5 zone which permits such
Upon receiving this Planning Board report, it is respectively signs upon the approval of your Honorable Body. Under SEQR
requested that your Honorable Body conduct a public hearing the proposed sign is considered a Type 2 action which does
on November 12, 1997, and act on the plan amendment. not require further environmental review.
RECEIVED AND FILED. The Board voted to approve the proposed sign with
the following condition:
NO.3 1. the sign should be sited in an appropriately
CITYPLANNINGBOARD landscaped base.
HARDWICKSAMMEXLIMITED,REQUESTTOCONVERT RECEIVED AND FILED.
ASTORETOOFFICESANDSTORAGE
159PORTER NO.8
The City Planning Board at its regular meeting held Tuesday, LEN-COLUMBERCO.,REQUESTTOERECTANON
October 21, 1997 voted to deny the matter captioned above. ACCESSORYSIGNAT1411SENECASTREET
RECEIVED AND FILED. ITEMNO.72,C.C.P.9/30/97
The City Planning Board at its regular meeting held
NO.4 Tuesday, October 21, 1997 considered the matter captioned
SALVATIONARMY,REQUESTTOCONVERTA above pursuant to Section 387-19 of the Buffalo Code, Review
SHELTERINTOAFAMILYRESOURCECENTER of Billboard Signs.
USE154-156N.PEARL The applicant seeks to erect a non accessory sign
ITEMNO.112,CCP9/2/97 which will have an overall height of 30 feet. The site is located
The City Planning Board at its regular meeting held in an M2 zone which permits such signs upon approval by your
Tuesday, October 21, 1997 voted to receive and file the matter Honorable Body. Under SEQR the proposed sign is
captioned above, since your Honorable Body has done the considered an unlisted action which may be studied through
same. uncoordinated review.
RECEIVED AND FILED. The Planning Board objected to the height of the sign
since it would be visible from the Niagara Section of the New
NO.5 York State Thruway and therefore subject to the spacing
J.ATKINS,REQUESTTOERECTAPOLESIGNAT requirements for billboards oriented to expressways. The
1180ABBOTTROAD applicant argued that the height was needed to have the sign
be visible by east bound motorists using Seneca Street. 42 of the Charter, that it is necessary that the sum of $15,000
Moreover, the Board was informed that pursuant to the Buffalo be transferred and reappropriated from the Miscellaneous
Code the allowable height for billboards is 40 feet. Charges - Gas, as set forth below:
This not withstanding, the Board voted to approve the Dated: Buffalo, NY, October 22, 1997
proposed sign but on the condition that it should not be more RECEIVED AND FILED.
than 20 feet in overall height.
REFERRED TO THE COMMITTEE ON LEGISLATION. NO.13
CERTIFICATEOFNECESSITY
FROMTHEPRESERVATIONBOARD TRANSFEROFFUNDS
DIVISIONOFBUDGETANDMANAGEMENT
NO.9 DIVISIONOFBUILDINGS
REQUESTLOCALLAWTOTAKE We, Anthony M. Masiello, Mayor and Joel A. Giambra,
ADVANTAGEOFHISTORIC Comptroller, do hereby certify, pursuant to Section 42 of the
PRESERVATIONTAXCREDITS Charter, that it is necessary that the sum of $40,000 be
(ITEMNO.163,C.C.P.10/14/97 transferred and reappropriated from the Division of Budget and
The Buffalo Preservation Board unanimously supports Management, as set forth below:
the adoption of a local law which would enable local Dated: Buffalo, NY, October 22, 1997
governments to offer significant tax abatements for rehabilitated RECEIVED AND FILED.
historic properties.
This new law will stimulate economic revitalization in NO.14
historic downtowns and neighborhoods. By allowing a gradual CERTIFICATEOFNECESSITY
phase-in of increased assessments it will encourage property TRANSFEROFFUNDS
owners/developers to invest in historic properties. DIVISIONOFBUDGETANDMANAGEMENT
This legislation offers local governments a real DIVISIONOFBUILDINGS
opportunity to do something which would encourage developers We, Anthony M. Masiello, Mayor and Joel A. Giambra,
to develop historic buildings. Comptroller, do hereby certify, pursuant to Section 42 of the
In conclusion, the Board wholeheartedly supports this Charter, that it is necessary that the sum of $52,500 be
local law that would allow newly available historic preservation transferred and reappropriated from the Division of Budget and
tax credits to be used on properties in the City of Buffalo. Management, as set forth below:
RECEIVED AND FILED. Dated: Buffalo, NY, October 22, 1997
RECEIVED AND FILED
FROMTHEBOARDOFETHICS
NO.15
NO.10 CERTIFICATEOFNECESSITY
CITYOFBUFFALO TRANSFEROFFUNDS
BOARDOFETHICSMEETING-SEPTEMBER23,1997 DIVISIONOFBUDGETANDMANAGEMENT
MINUTES DIVISIONOFBUILDINGS
PRESENT: Douglas S. Coppola, Esq. Charles L. We, Anthony M. Masiello, Mayor and Joel A. Giambra,
Michaux Hon. H. Buswell Roberts Sr. Comptroller, do hereby certify, pursuant to Section 42 of the
Denise A. Roche, GNSH Lee Charter, that it is necessary that the sum of $125,000 be
LaMendola transferred and reappropriated from the Division of Budget and
Management, as set forth below:
ABSENT: Michael Risman Charles Carr Dated: Buffalo, NY, October 22, 1997
The meeting was called to order at 9:00 a.m. by Judge RECEIVED AND FILED.
Roberts. The minutes of the August 26th meeting was
approved and received and filed. NO.16
Pending from the last meeting was the status on the filings of TRANSFEROFFUNDS
the BEDC. The board is going to ask the Law Department to CERTIFICATEOFNECESSITY
make a recommendation if they should seek a waiver or file. DIVISIONOFBUDGETANDMANAGEMENT
All non-filers that had received the 1st notice were mailed a DIVISIONOFBUILDINGS
second notice notifying them of a hearing on Oct 7, 1997. We, Anthony M. Masiello, Mayor and Joel A. Giambra,
The board was asked by Councilmember Coppola to respond Comptroller, do hereby certify, pursuant to Section 42 of the
to the resolution regarding Falsifying Disclosure Statements. Charter, that it is necessary that the sum of $150,000 be
The board opposes the expansion that all City employees transferred and reappropriated from the Division of Budget and
should file. Letters of resignations were received and filed from Management, as set forth below:
Francis O'Brien of the Parking Board, LuAnne Kingston of the Dated: Buffalo, NY, October 22, 1997
BNRC and Leonard Valvo of the Youth board . RECEIVED AND FILED.
Pending from the meeting of the July 1st, 1997 a decision was
made regarding the letter from Joseph Giambra. Sister Denise NO.17
moved that there is a conflict of Interest, seconded by Charles CERTIFICATEOFNECESSITY
Michaux III. A letter will be sent to Mr. DeAnthony asking him INCREASEDAPPROPRIATION
to attend the next meeting. The next meeting is October 21, RESERVEFORCAPITALAPPROPRIATIONS
1997. The meeting adjourned at 10:00 p.m. DEPARTMENTOFPOLICE
REFERRED TO THE COMMITTEE ON LEGISLATION. We, Anthony M. Masiello, Mayor and Joel A. Giambra,
Comptroller, do hereby certify pursuant to Section 41 of the
FROMTHECOMPTROLLER Charter, that an increase in the sum of $50,000 in the
estimates for the fiscal year beginning July 1, 1997 is
NO.11 necessary in Appropriation Allotments - Department of Police -
CERTIFICATEOFNECESSITY Exempt Items to meet a contingency which could not have
TRANSFEROFFUNDS been reasonably foreseen when the budget was adopted. The
RESERVEFORCAPITALIMPROVEMENTS amount of increased appropriation will be met from 100-890-
DIVISIONOFBUILDINGS 050 - Reserve for Capital Appropriations not otherwise
We, Anthony M. Masiello, Mayor and Joel A. Giambra, appropriated for any other purpose. The detail of the
Comptroller, do hereby certify, pursuant to Section 42 of the requirements are set forth below:
Charter, that it is necessary that the sum of $4,000 be Dated: Buffalo, NY, October 22, 1997
transferred and reappropriated from the Reserve for Capital RECEIVED AND FILED.
Improvements, as set forth below:
Dated: Buffalo, NY, October 22, 1997 NO.18
RECEIVED AND FILED. INTERFUNDLOAN
Over the last six years, the City has provided interfund loans
NO.12 from the City General Fund to The City, Board and Enterprise
CERTIFICATEOFNECESSITY Capital Projects Funds to implement financing of the Capital
TRANSFEROFFUNDS Improvements Budget. The interfund loans are repaid when
MISCELLANEOUSCHARGES the Bond Anticipation Notes or Bonds are issued to finance
DIVISIONOFBUILDINGS these projects.
We, Anthony M. Masiello, Mayor and Joel A. Giambra, As of today, we have two requests for money to finance
Comptroller, do hereby certificate certify, pursuant to Section projects and we will not reenter the bond market at this time.
We are requesting that you approve interfund cash loans from with the Common Council for final approval.
the General Fund to the City's Capital Projects Fund in the Mr. Barry has indicated some concerns as far as the
amount of $500,000 for Reconstruction King Urban Life City maintaining the building and keeping it secured. The
Center, Department of Public Works and $105,000 for Police following is a list of work activities that have been done to the
Reorganization, Department of Buildings. The loan will be building, since the Division of Real Estate received jurisdiction:
repaid when Bond Anticipation Notes or Bonds are issued. 1. September 22, 1997 - Don Morris met Fire
From To Account RePayment Date Department at 310 Jersey and they turned over keys. At that
Total time maintenance staff took measurements of windows and
100 Gen. 20OCapitalProjects 202-402-003 BAN/Bond Sale boarded 13 openings.
$500,000 2. September 23, 1997 - Maintenance staff
100 Gen. 200 Capital Projects 202-402-004 BAN/Bond Sale finished boarding of windows on 1st floor.
$105,000 3. September 24, 1997 - Maintenance staff
Mrs. LoTempio moved: visited property cut and cleaned outside area.
That the above communication from the Comptroller 4. September 25, 1997 - Property
dated October 23, 1997, be received and filed; and was checked, all secured.
That the Comptroller be, and he hereby is authorized to make 5. September 29, 1997 - Don met locksmith
interfund cash loans from the General Fund to the City's had door locks changed. Also, met alarm company to install
Capital Projects Fund in the amount of $500,000 for alarm system. Started to board second floor windows.
Reconstruction King Urban Life Center, Department of Public 6. September 30, 1997 - Don met with Fire
Works and $105,000 for Police Reorganization, Department of Department to finish moving their belongings. The Director of
Buildings. The loans will be repaid when Bond Anticipation Real Estate personally met with Don and inspected the
Notes or Bonds are issued. premises at my request.
PASSED. 7. October 1, 1997 - Don continued window
AYES-12. NOES-0. boarding on 2nd floor. Secured opened floor areas where
poles were removed.
NO.19 8. October 2, 1997 - Don met roofing
DELILICENSEORDINANCE contractor to obtain estimate to repair leaks in roof.
#48,C.C.P.7/22/97 9. October 3, 1997 - Don met another
Upon approval of ordinance, Data Processing will make the contractor to obtain estimate on roof repair.
necessary changes per the Director of Licenses. 11. October 6, 1997 - Don checked property
REFERRED TO THE COMMITTEE ON LEGISLATION. and it was found all secured property upon leaving premises.
12. October 7, 1997 - Don met roofing
NO.20 contractor at site
RENEWALOPTION-LEASEAGREEMENT 13. October 8, 1997 - Received complaint
BETWEENTHECITYOFBUFFALOANDBELLA that windows were broken and people were going in and out of
VISTA building - After an inspection of the entire property, the building
ITEMNO.25,C.C.P.2/20/96 was found to be boarded and secured. No signs of entry were
Your Honorable Body authorized to renew the lease evident. Also, second response to Mr. Barry regarding
agreement between the. City of Buffalo and Bella Vista Group, purchasing of firehouse was sent out on this date (see
Inc., for leasing of 2237 Niagara, Buffalo, New York. This attachments).
lease was for one (1) year period commencing October 1, 1996 14. October 10, 1997 - Don checked property
and ending September 30, 1997. all secured.
This office has received a request from Joseph A. 15. October 14, 1997 - Don checked property
Cipolla, Bella Vista Group, Inc., to renew said lease under the all secured.
same terms and conditions that currently exist. 16. October 15, 1997 - Don showed property
This renewal will be for the period of October 1, to Mr. Barry and secured.
1997 to September 30, 1998. The rental fee is One Hundred 17. October 16, 1997 - Don boarded
and Fifty-Five Dollars ($155.00) annually. remaining 7 - 2nd floor windows with lift truck borrowed from
This office recommends that Your Honorable Body Mayor's Impact Team.
renew their lease agreement for an additional one (1) year term. 18. October 18,1997 Roofing Contractor
I am further recommending that Your Honorable Body repaired roof.
authorized the Corporation Counsel to prepare the necessary 19. October 20, 1997 Don and the Director of
documents to renew said lease and that the Mayor be Real Estate met at the site to inspect the roof repair. The
authorized to execute the same. Division of Real Estate received a complaint that older boys are
REFERRED TO THE COMMITTEE ON FINANCE AND playing basketball, drinking beer and maybe doing drugs. They
CORPORATION COUNSEL. would like the basketball backboard removed.
20. October 21, 1997 - Removed the basketball back board.
NO.21 This office has done everything we can do to try and
RESPONSETOADVANCEARCHITECTURAL keep this building maintained and secured.
DEVELOPMENT-PURCHASEFIREHOUSEAT As stated above, upon receipt of estimate of costs
JERSEY&PLYMOUTH-310JERSEY for the necessary repairs and improvements and proof of
ITEMNO.104,C.C.P.5/27/97 financing from Mr. Barry, this office will request Your
In response to Item No. 104, c.c.p. 5/27/97, Mr. Honorable Body to approve the abandonment and sale.
Dennis James Barry is requesting to purchase the fire station REFERRED TO THE COMMITTEE ON FINANCE.
at the corner of Jersey and Plymouth and has also requested
the City to set a value for said property. NO.22
Please be advised that the subject property is a RESULTSOFNEGOTIATIONS
capital asset and must be sold according to Article 27, Section 323WESTFERRY
513 & 514 of the City Charter. FORMERPRECINCT#5
The Fire Department turned over jurisdiction of the ITEMNO.179,C.C.P.6/10/97
former firehouse on on September 22, 1997 to the In the above referenced item Your Honorable Body
Comptroller's Office, Division of Real Estate, Item No. 24, authorized the Comptroller's Office, Division of Real Estate, to
C.C.P 9/30/97. This item was received and filed by Your abandon former Precinct #5 according Article 27, Section 513
Honorable Body on October 14, 1997. & 514 of the City Charter and report the results of our
Mr. Barry has been informed by letters dated 9/4/97 negotiations to Your Honorable Body for final approval.
and 10/8/97 of the procedures to purchase this property. This The parcel is being requested to be purchased by
office to date has not received a list of proposed improvements Molly McBride of Michael M. Blinkoff and Associates, Attorneys
and/or additions, along with their estimate of costs or the at Law, Eberhardt Mansion, 2746 Delaware Avenue, Kenmore,
required proof of financial ability to complete the cost of New York 14217, on behalf of Ronald Y. Alzheimer. Mr.
purchase, improvements and/or additions from Mr. Barry. Alzheimer owns the adjoining plaza and he intends to
Providing Mr. Barry submits the aforementioned, this office will incorporate this parcel with the existing plaza.
request Your Honorable Body to abandon and sell the subject In accordance with Article 27, Section 513 & 514 of
property to him. If the Common Council approves to abandon the City Charter the purchaser has petitioned Supreme Court
and sell said property to Mr. Barry, then it will be necessary for the appointment of appraisers to establish the value of the
Mr. Barry to petition Supreme Court for the appointment of two City's interest in the property. The report indicates that the
real estate appraisers, to establish the value of the City's value of the property is Fifty-Five Thousand Dollars ($55,000).
interest in the property. The report of the appraiser is then filed The Division of Real Estate concurs with the appraisers
estimate of value. ONTARIOSTREETTOAPOINT80'WESTTHEREFROM
I am recommending that Your Honorable Body NO STANDING-INSTALL
approve the sale of 323 West Ferry to Ronald Y. Alzheimer in In conformity with Section 49 of Chapter 479 of the Ordinances
the amount of Fifty-Five Thousand Dollars ($55,000). I am of the City of Buffalo, the City Engineer hereby notifies Your
further recommending that the Corporation Counsel prepare Honorable Body of this action supplementing, amending, or
the necessary documents for the transfer of title and that the repealing existing provisions of Chapter 479 of the Ordinances,
Mayor be authorized to execute the same. as stated below, to be effective forty five days after the first
REFERRED TO THE COMMITTEE ON FINANCE. Council meeting at which they appear on the agenda as an item
business.
FROMTHEPRESIDENTOFTHECOUNCIL That that part of Subdivision 22 Section 15 of Chapter 479 of
Ordinances of the City of Buffalo be supplemented by adding
NO.23 thereto the following: NO STANDING
APPOINTMENT-MEMBERS PROH. PORTION OF HIGHWAY PROHIBITED PERIOD
BROADWAYMARKETSUPERMARKETTASKFORCE Sandrock Road, north side At all times
I would like to appoint the following individuals to the Broadway from Ontario Street
Market Supermarket Task Force: Councilmember David to a point 80' west therefrom
Franczyk, Peter Camaratta, Daniel Bicz, Stanley This action is being taken at the request of Plibrico Sales and
Keysa, Rodney Hensel, James Malczewski, and Daniel Service Company. It will provide safe ingress/egress to/from
Glowacki. Councilmember Franczyk will act as chair. Sandrock Road for vehicles accessing Plibrico. No residential
I would like the task force to submit its report within 45 days of homes exist in this area and on-street parking "I not be
the creation of the panel. adversely affected. (See previous serial)
Your cooperation is appreciated.
ADOPTED NOTIFICATIONSERIAL#8963
INSTALLATIONOFNOSTANDING
FROMTHECOMMISSIONEROFASSESSMENT SENECASTREET,NORTHSIDEFROMTHEWEST
CURBLINEOFELMIRAPLACETOAPOINT130'WEST
NO.24 THEREFROM
THEBONTONSTORES,INC. NO STANDING - INSTALL
ADAM,MELDRUM&ANDERSONCO. In conformity with Section 49 of Chapter 479 of the Ordinances
CERTIORARIPROCEEDINGS1997-98 of the City of Buffalo, the City Engineer hereby notifies Your
This is to advise that the former owners, The Bon Honorable Body of this action supplementing, amending, or
Ton Stores, Inc. and Adam, Meldrum & Anderson Company, repealing existing provisions of Chapter 479 of the Ordinances,
Inc. and the current owners, Carpe Diem Development Group, as stated below, to be effective forty five days after the first
LLC, have instituted certiorari proceedings on 377 Main Street Council meeting at which they appear on the agenda as an item
and 369 Washington Street, Buffalo, New York, regarding the business.
assessments for fiscal year 1997-98. The assessments were That that part of Subdivision 22 Section 15 of Chapter 479 of
reviewed by this Department and the petitioners have Ordinances of the City of Buffalo be supplemented by adding
expressed a willingness to settle the proceeding. thereto the following: NO STANDING
The final assessments for 1997-98 were $1,200,000 PROH. PORTION OF HIGHWAY PROHIBITED
for 377 Main Street and $275,000 for 369 Washington for a PERIOD
total of $1,475,000. The petitioners are agreeable to a Seneca Street, north side At all times
settlement which would result in a reduction in assessment of from the west curbline of Elmira Place
$1,075,000 on the two properties. The two properties would be to a point 130' west therefrom
reduced to a total assessment of $400,000. City taxes for This action is being taken to ease congestion and improve line-
1997-98 would be reduced from $57,667.76 to $15,638.72, for of-sight visibility at this intersection.
a total reduction of $42,029.04. REFERRED TO THE COMMITTEE ON LEGISLATION.
Based on a review of the current market value of the
property, I feel this settlement would be in the best interest of NO.26
the City. I recommend, therefore, this settlement in which the BIDS
Department of Law concurs. EMERGENCYROOFRECONSTRUCTION
I hereby request that the Acting Corporation Counsel CAZENOVIAPARK
be authorized to settle the 1997-98 certiorari proceeding on 377 ZAMBONIGARAGE
Main Street and 369 Washington Street by reducing the I asked for and received the following emergency sealed
combined assessments from a total of $1,475,000 to a total of proposals which were publicly opened and read on October 14,
$400,000. 1997:
REFERRED TO THE COMMITTEE ON FINANCEAND Jos. A. Sanders & Sons, Inc. $37,949.00
CORPORATION COUNSEL. Jameson Roofing Co., Inc. $39,300.00
Progressive Roofing, Inc. $47,000.00
FROMTHECOMMISSIONEROFPUBLICWORKS I hereby certify that the foregoing is a true and correct
statement of all bids received and that Jos. A. Sanders &
NO.25 Sons, Inc., in the amount of Thirty Seven Thousand Nine
NOTIFICATIONSERIAL#8961INSTALLATIONOFNOHundred Forty Nine and 00/100 Dollars ($37,949.00) is the
STANDINGSANDROCKROAD,SOUTHSIDEFROMlowest responsible bidder in accordance with the plans and
ONTARIOSTREETTOAPOINT175'WESTTHEREFROM specifications.
NO STANDING-INSTALL This project will be charged against CPF 201-402-013 -
In conformity with Section 49 of Chapter 479 of the Ordinances Division of Buildings.
of the City of Buffalo, the City Engineer hereby notifies Your Total estimate for this work was $39,000.00.
Honorable Body of this action supplementing, amending, or Mrs. LoTempio moved:
repealing existing provisions of Chapter 479 of the Ordinances, That the above communication from the
as stated below, to be effective forty five days after the first Commissioner of Public Works dated October 23, 1997, be
Council meeting at which they appear on the agenda as an item received and filed; and
business. That the Commissioner of Public Works be, and he
That that part of Subdivision 22 Section 15 of Chapter 479 of hereby is authorized to award a contract for Emergency Roof
Ordinances of the City of Buffalo be supplemented by adding Reconstruction, Cazenovia Park Zamboni Garage, to Jos. A.
thereto the following: NO STANDING Sanders & Sons, Inc., the lowest responsible bidder in the
PROH. PORTION OF HIGHWAY PROHIBITED PERIOD amount of $37,949, with said cost to be charged to CPF 201-
Sandrock Road, south side At all times 402-013.
from Ontario Street PASSED.
to a point 175' west therefrom AYES-12. NOES-0.
This action is being taken at the request of Plibrico Sales and
Service Company. It will provide safe ingress/egress to/from NO.27
Sandrock Road for vehicles accessing Plibrico. No residential REPORTOFBIDS
homes exist in this area and on-street parking will not be KINGURBANLIFECENTER
adversely affected. (See next serial) EARLYCHILDHOODSCHOOL
938GENESEESTREET
NOTIFICATIONSERIAL#8962INSTALLATIONOFNOI advertised for on October 7, 1997 received the following
STANDINGSANDROCKROAD,NORTHSIDEFROMsealed proposals which were publicly opened and read on
September 26, 1997: Group #415, to C. Destro Development Co., Inc., the lowest
HVAC Work responsible bidder in the amount of $103,827.00, plus
D V Brown $278,400.00 approved unit prices not to exceed $3,209.60, for a total
J. W. Danforth Co. $296,000.00 encumbrance of $107,036.60. Funds for this project to be
B H Mechanical $296,800.00 charged to the Division of Engineering Bond Fund #200-401-
I hereby certify that the foregoing is a true and correct 035-00-000, and;
statement of all bids received and that D V Brown, in the That the Commissioner of Public Works be, and he
amount of Two Hundred Seventy Eight Thousand Four hereby is authorized to accept and transfer private funds from
Hundred and 00/100 Dollars ($278,400.00) is the lowest the 70 W. Chippewa Corporation and Community Development
responsible bidder in accordance with the plans and Block Grant funds into C.P.A. #201-401-008-00-000 to fund
specifications. necessary vault work for the Root Building in alternate "A" of
I recommend that Your Honorable Body authorize the the above project.
Commissioner of Public Works to order the work on the basis PASSED.
of the low bid. Funds for this work will be available in CPF 202-AYES-12. NOES-0.
402 - Division of Buildings.
Total estimate for this work is $300,000.00. NO.29
Mrs. LoTempio moved: CHANGEINCONTRACT
That the above communication from the RECONSTRUCTIONOFPOLICEHEADQUARTERS
Commissioner of Public Works dated October 21, 1997, be 1ST&4THFLOORAREA
received and filed; and ELECTRICALCONTRACT
That the Commissioner of Public Works be, and he I hereby submit to Your Honorable Body the following changes
hereby is authorized to award a contract for King Urban Life for the Reconstruction of Police Headquarters, 1st & 4th Floor
Center, Early Childhood School, 938 Genesee Street, to DV Area, Electrical Contract, Grand Island Electric Inc., C
Brown, the lowest responsible bidder in the amount of #91903100.
$278,400.00, with said cost to be charged to CH 202-402 - 1. Revise electrical power supply to facilitate the
Division of Buildings. relocation of video and audio equipment requested by the
PASSED. Police Department. Add $ 1,784.00
AYES-12. NOES-0. The foregoing change results in a net increase in the contract
of One Thousand Seven Hundred Eighty Four and 00/1 00
NO.28 Dollars ($1,784.00).
REPORTOFBIDS Summary: Original Amount of Contract $ 21,313.00
RECONSTRUCTIONOFCURBS&SIDEWALKS Amount of This Change (No. 1) Add 1,784.00
W.CHIPPEWASTREET/ELLICOTTDISTRICT Revised Amount of Contract $ 23,097.00
1997-GROUP#415 These changes could not be foreseen at the time contract was
ITEMNO.24,C.C.P.9/16/97 let. Costs have been reviewed by the Consulting Architect, E I
This is to advise your Honorable Body that I have Team, Inc., and the Department of Public Works and found to
advertised and received bids on October 15, 1997 for the be fair and equitable. Funds for this work are available in CPF
Reconstruction of Curbs & Sidewalks - W. Chippewa Street / 100-201-085-00-910 - Department of Police.
Ellicott District - 1997, Group #415. I request that Your Honorable Body authorize the
In obtaining bids for the above project, I have asked Commissioner of Public Works to issue a change order to the
for bids on a unit price covering the various items of work and contractor as set forth above.
material which will be performed. The final cost of the work will Mrs. LoTempio moved:
be based on the actual measured quantities of materials That the above communication from the
entering into the work and may be either more or less than the Commissioner of Public Works dated October 22, 1997, be
total bid. received and filed; and
The following bids were received: That the Commissioner of Public Works be, and he
Base Bid Alter. "A" Bid Total Bid hereby is authorized to issue change order No. 1, to Grand
C. Destro Dev.. Co., Inc. Island Electric Inc., an increase in the amount of $1,784.00, as
$69,645.00 $34,182.00 $103,827.00 more full), described in the above communication, for work
Amherst Construction, Inc. relating to the Reconstruction of Police Headquarters,
*$93,387.50 $159,995.00 $253,382.50 Electrical Contract,C#91903100. Funds for this project are to
I hereby certify that the lowest responsible bidder for the above be charged to CPF 100-201-085-00-91 0 Department of
project is C. Destro Development Co., Inc. Police.
I respectfully recommend that your Honorable Body order the PASSED.
work, the cost thereof to be charged to the Division of AYES-12. NOES-0.
Engineering Bond Fund #200-401-035-00-000 and Bond Fund
#201-401-008-00-000 in an amount of $ 103,827.00, plus NO.30
approved unit prices not to exceed $ 3,209.60, for a total CHANGEINCONTRACT
encumbrance of $ 107,036.60. The engineer's estimate for this RIVERSIDEICERINK
work is $ 110,000.00. NEWCOMPRESSORS
This project is located on the south side of W. Chippewa Street I hereby submit to Your Honorable Body the following changes
east of Delaware Avenue in the vicinity of the Root Building for the Riverside Ice Rink, New Compressors, Mollenberg-
which is being developed by the 70 W. Chippewa Corporation. Betz, Inc. - C #91881100.
Future uses include the Emerson Culinary School, commercial 1. Furnish and install new 21/2" ammonia discharge
lease space and market rate rental housing units. The header from Vilter compressors to existing water
alternate "A" bid is for work associated, with the Root Building cooled condenser. Add $ 1,018.00
vault which cannot be constructed with city funds. The foregoing change results in a net increase in the contract
This portion of the project will be funded with a of One Thousand Eighteen and 00/100 Dollars ($1,018.00).
combination of private funds committed by the 70 W. Summary: Original Amount of Contract $ 61,352.00
Chippewa Corporation and Community Development Block Amount of This Change (No. 1) Add 1,018.00
Grant (CDBG). Therefore, permission is also being requested Revised Amount of Contract $ 62,370.00
to accept a transfer of these private and CDBG monies into These changes could not be foreseen at the time contract was
C.P.A. #201-401-008-00-000 to fund the necessary vault work let. Costs have been reviewed by the Department of Public
in alternate "A". Works and found to be fair and equitable. Funds for this work
The attached is certified to be a true and correct are available in CPF 201-402-002 - Division of Buildings.
statement of the two (2) lowest bids received. Under provisions I request that Your Honorable Body authorize the
of the General Municipal Law, any of the bidders may withdraw Commissioner of Public Works to issue a change order to the
his bid if an award of the contract is not made by December 1, contractor as set forth above.
1997. Individual bid submissions are available in our office for Mrs. LoTempio moved:
inspection and copies are available upon request. That the above communication from the
Mrs. LoTempio moved: Commissioner of Public Works dated October 8, 1997, be
That the above communication from the received and filed; and
Commissioner of Public Works dated October 22, 1997, be That the Commissioner of Public Works be, and he
received and filed; and hereby is authorized to issue change order No. 1, to
That the Commissioner of Public Works be, and he Mollenberg-Betz, Inc., an increase in the amount of $1,018.00,
hereby is authorized to award a contract for Reconstruction of as more fully described in the above communication, for work
Curbs & Sidewalks, W. Chippewa Street/Ellicott District 1997 - relating to Riverside Ice Rink, C #91881100. Funds for this
project are to be charged to CH 201-402-002 Division of the west comer of Elmira Place. This situation will be corrected
Buildings. with the installation of a "No Standing" zone at that comer (See
PASSED. Notification Serial #8963).
AYES-12. NOES-0. This department will continue to monitor this area as
development continues in this region. Should traffic patterns
NO.31 change such that more restrictive parking ordinances are wan-
COMMUNITYACTIONFORTRAFFIC anted, this department will then take further action.
SAFETY REFERRED TO THE COMMITTEE ON LEGISLATION.
The City of Buffalo has applied for and been offered a grant
from the New York State Governor's Traffic Safety Committee. NO.34
This 12 month grant is in the amount of $60,000.00. With this BONDCANCELLATION;
grant the City would enter into contract agreement with a 998BROADWAY
project director who would coordinate the Community Action for It is hereby certified that the bond described below be
Traffic Safety canceled:
Program. The grant will reimburse the City for the Director's Principal: Sattlers Department Store
cost, along with $600.00 reimbursement for supplies, postage, Surety: The Aetna Casualty and
and travel. Surety Company
I respectfully request Your Honorable Body's authorization to Amount: $5,000.00
accept this grant from the State and to enter into agreement Dated: January 16, 1976
with Ms. Francina Cartonia, 199 Virgil Ave., Buffalo, NY, Structure: Sidewalk Vault
14216, to provide the services of the project director at a base Location: West Sidewalk of Beck
cost of $44,000, plus 35% fringe benefits. The director's Street 3561 North of
salary will be reimbursed by the State under the terms of the Broadway
grant. Ms. Cartonia was chosen as the director because of her This bond is no longer necessary due to the fact the
prior experience working on similar projects, and as director of encroachment has been removed from City right-of-way. The
these grants for 5 years, she was also the developer of the above captioned bond should be deemed released and
grant proposal and shepherd of its approval by the State. canceled as to future liability in accordance with the provisions
We also respectfully request that Your Honorable Body of the City Ordinance.
authorize the Comptroller to provide an interfund cash loan in RECEIVED AND FILED.
the amount of the grant. The loan would be repaid as
reimbursements are received from the State of New York. NO.35
Mrs. LoTempio moved: CANOPYWITHIN
That the above communication from the CITYRIGHT-OF-WAY;
Commissioner of Public Works dated October 23, 1997, be 1641BROADWAY
received and filed; and Mr. Harold Scheckman, owner of Industrial Realty & Funding,
That the Commissioner of Public Works be, and he located at 1641 Broadway, has requested permission to install
hereby is authorized to accept a grant from the New York State a wooden canopy which would encroach City right-of-way at
Governor's Traffic Safety Committee for 12 months in the said address.
amount of $60,000.00 and to enter into a contract agreement The proposed canopy would measure two and one-half feet
with a project director who will coordinate the Community (2.51) in height, twenty feet (201) in length, and project one and
Action for Traffic Safety Program. That the Comptroller be, one-half feet (1.5') from the building face into City right-of-way.
and he hereby is authorized to provide an interfund cash loan in The Department of Public Works has reviewed Mr.
the amount of the grant. The loan will be repaid as Sheckman's application pursuant to Chapter 413-56 (Awnings,
reimbursements are received from the State of New York. Canopies and Marquees) of the City Ordinances and has no
PASSED/ objection to Your Honorable Body authorizing the
AYES-12. NOES-0. Commissioner of Public Works to issue a "Mere License" for
said installation provided the following conditions are met:
NO.32 1. That the applicant obtain any and all other City of Buffalo
GRANT-FERRYBUSINESSANDBUILDINGOWNERS permits necessary for said installation.
ASSOCIATIONSTREETLIGHTING 2. That the canopy be installed exactly as shown on plans
ITEMNO.108,C.C.P.05/27/97) submitted to and approved by the Department of Public
Mr. Zern of our office met with the Business owners of the Works, Division of Buildings.
Grant-Ferry office on October 15, 1997. At this meeting Mr. 3. That the applicant supply the City of Buffalo with a five
Zern explained what actions the Department of Public Works is thousand dollar construction in street bond or certificate
taking regarding street lighting in the Grant-Ferry area. A work of insurance which will indemnify and save harmless the
order has been issued to Niagara Mohawk to increase the City of Buffalo against any and all loss and damage out
lighting on Grant Street between Hampshire and Amherst. The of the construction, maintenance, use and removal of
new lighting will double the illumination on the street as well as said wooden canopy.
light up the sidewalks. The new lighting should be installed by REFERRED TO THE COMMITTEE ON LEGISLATION AND
February 1998. CITY PLANNING BOARD.
The Department of Public Works has also directed Niagara
Mohawk to clean and re-lamp all of the existing lighting on NO.36
West Ferry between Niagara and Richmond. After this AWNINGWITHIN
maintenance action is taken by Niagara Mohawk, the CITYRIGHT-OF-WAY;
illumination will increase by 25% to 30%.. 976ELMWOODAVENUE
If there are any questions concerning this matter, please Mr. Don Leone, owner of Just Pizza, located at 976 Elmwood
contact Mr. Zern of our office at extension 5621. Avenue, has requested permission to install an awning which
REFERRED TO THE COMMITTEE ON LEGISLATION. would encroach City right-of-way at said address.
The proposed awning would measure five feet (51) in height,
NO.33 twenty-five feet (25') in length, and project one and one-half
J.SANDORO-REQUESTCHANGEINPARKINGfeet (1.5') from the building face into City right-of-way.
RESTRICTIONSSENECASTREETBETWEENELMIRAThe Department of Public Works has reviewed Mr. Leone's
PLACEANDBUTLERPLACE application pursuant to Chapter 413-56 (Awnings, Canopies
ITEMNO.100,C.C.P.09/02/97 and Marquees) of the City Ordinances and has no objection to
This is in response to Item No. 100 of September 2, 1997 in Your Honorable Body authorizing the Commissioner of Public
which the Department of Public Works was requested to Works to issue a "Mere License', for said installation provided
change the parking restrictions along Seneca Street between the following conditions are met:
Elmira Place and Butler Place. Specifically, the 1. That the applicant obtain any and all other City of Buffalo
correspondence requested that both sides of Seneca Street be permits necessary for said installation.
posted for "No Standing Anytime" in this region. 2. That the awning be installed exactly as shown on plans
This department's Traffic Engineering Section investigated this submitted to and approved by the Department of Public
situation and monitored the area over the course of the past Works, Division of Buildings.
month. Based on our observations of the traffic flow. on-street 3. That the applicant supply the City of Buffalo with a five
parking and vehicle/pedestrian activity on this section of thousand dollar construction in street bond or certificate
Seneca Street, it has been determined that there is no warrant of insurance which will indemnify and save harmless the
at this time to post the street for "No Standing Anytime". The City of Buffalo against any and all loss and damage out
only noted traffic "problem" was on the north side of Seneca at of the construction, maintenance, use and removal of
said awning. receive $7,700 which covers 25% of a Police Officer's time
REFERRED TO THE COMMITTEE ON LEGISLATION AND spent on speed enforcement, up to the $7,700 maximum.
CITY PLANNING BOARD. Because of the many bureaucratic delays we experienced at
the State level with the processing of this grant program, the
NO.37 fact that this program now follows the federal fiscal year rather
AWNINGWITHIN than the calendar year, and the fact that the overall award to the
CITYRIGHT-OF-WAY; County was changed several times, we had been unable to
1670HERTELAVENUE process any of the appropriate paperwork until now.
Mr. Victor Sorrento, owner of Communications Unlimited, Inc., We have been notified by the County of Erie's Office for Traffic
located at 1670 Hertel Avenue, has requested permission to Safety that we must process the required documents by
install an awning which would encroach City right-of-way at October 30, 1997. Therefore, we are respectfully requesting
said address. that your Honorable Body authorize the City's acceptance of
The proposed awning would measure three and one-half feet these funds at your October 28, 1997 meeting so that we will
(3.5') in height, twenty-five feet (25') in length, and project two be in compliance of filing for this reimbursement.
feet (2') from the building face into City right-of-way. If you have any questions, please contact Chief Kevin
The Department of Public Works has reviewed Mr. Sorrento's Comerford or Maureen Oakley of our Grants Section at ext.
application pursuant to Chapter 413-56 (Awnings, Canopies 4475.
and Marquees) of the City Ordinances and has no objection to Your attention to this matter is greatly appreciated, thank you.
Your Honorable Body authorizing the Commissioner of Public Mrs. LoTempio moved:
Works to issue a "Mere License" for said installation provided That the above communication from the
the following conditions are met: Commissioner of Police, dated October 15, 1997, be received
1. That the applicant obtain any and all other City of Buffalo and filed; and
permits necessary for said installation. That the Mayor be, and he hereby is authorized to
2. That the awning be installed exactly as shown on plans accept for $7,700 in grant funding under the Governor's Traffic
submitted to and approved by the Department of Public Safety Grant Program through our participation with the County
Works, Division of Buildings. of Erie's Governor's Traffic Safety Regional Committee for the
3. That the applicant supply the City of Buffalo with a five period January 1, 1997 through September 30, 1997.
thousand dollar construction in street bond or certificate PASSED.
of insurance which will indemnify and save harmless the AYES-12. NOES-0.
City of Buffalo against any and all loss and damage out
of the construction, maintenance, use and removal of FROMTHECOMMISSIONEROFFIRE
said awning.
REFERRED TO THE COMMITTEE ON LEGISLATION AND NO.41
CITY PLANNING BOARD. ELMWOODVIRGINIAFIRESTATION
CCP#157-SEPTEMBER30,1997
NO.38 The following is in response to Council Resolution #157,
AUDITEDFINANCIALSTATEMENTS-BUFFALOSeptember 30, 1997:
MUNICIPALWATERFINANCEAUTHORITYFORYEARS A.) Construction cost of Jefferson/Kingsley FireHouse,
ENDED6/30/97AND1996WITHREPORTOFfactoring in inflation since 1989: $1,744,519 or $134.00 per sq.
INDEPENDENTAUDITORS ft.
ITEMNO.13,C.C.P.10/14/97 Construction cost plus site acquisition cost - $1,864,574 or
The referenced item was a transmittal of the audited financial $143.17 per sq. ft.
statements from the Buffalo Municipal Water Finance Authority B.) Construction cost of Elmwood /Virginia Firehouse -
for the years ended June 30, 1997 and 1996. These items will $1,865,852 or $107.00 per sq. ft.
be presented to the Buffalo Water Board and Buffalo Municipal Construction cost plus site acquisition - $2,540,752 or $146.00
Water Finance Authority at their next regular scheduled per sq. ft.
meetings. Should any comments be developed by either entity, (site acquisition includes 2-story adjacent office building)
I will file them with Your Honorable Body. Specific cost breakdown (as reflected above) for
Elmwood[Virginia Firehouse (includes change order amounts):
REFERRED TO THE COMMITTEE ON FINANCE. $1,293,59 General Construction
$ 242,846 H.V.A.C. contract
FROMTHECOMMISSIONEROFPOLICE $ 166,321 Electrical contract
$ 163,087 Plumbing contract
NO.39 $1,865,852 Total Construction Cost
CHECKSRECEIVED The Buffalo Fire Department plans on utilizing the two-story
ITEMNO.104,C.C.P.2/2/88 Union Painters Hall located at the comer of Elmwood and
8155-00106281 - C2-97-0023 - $ 2,585.00 Virginia Streets adjacent to the new firehouse for administration
8155-00106262 - C2-97-0023 - 222.24 functions while retaining our current Headquarters building at
8155-00106202 - C2-97-0018 - 2,699.28 195 Court Street. It is our intention to request funding to
8155-00106172 - C2-97-0026 - 1,064.88 renovate the new building (Painters Hall) to accommodate
8155-00106216 - C2-97-0030 - 1,280.40 various personnel operations. These would include offices for
8155-00106197 - C2-97-0036 - 2,553.60 the Commissioner, Deputy Commissioner in charge of
8155-00106188 - C2-97-0046 - 1,569.60 Personnel, Fire Administrator and payroll and clerical
8155-00106196 - C2-97-0047 - 537.60 departments which oversees the hiring, promoting, transferring
8155-00106200 - C2-97-0054 - 3,351.60 and retirement etc. of personnel in the department. Office
8155-00106190 - C2-97-0061 - 663.00 space would be made available for the on-duty Division Chief
8167-00082629 - CW-96-0025 - 133.17 (chief operations officer) who is quartered in the adjacent
TOTAL DEPOSIT $ 16,660.37 firehouse. Internal Affairs, which is headed by a Deputy
The above referenced property has been administratively Commissioner, would be quartered there as well as an office
forfeited by the Drug Enforcement Administration. (DEA). The for the representative of Buffalo Professional Firefighters Local
checks were received by this Department and duly deposited in 282.
the Trust & Agency Account, #610-200-217-00-300. We would retain the current Fire Headquarters building at 195
RECEIVED AND FILED. Court St. where the Deputy Commissioner in charge of
Buildings & Equipment, including our Mechanics division
NO.40 (repair and maintenance of fire trucks), Carpenter Shop,
PERMISSIONTOBEREIMBURSED Supply Department, SCBA (self-contained breathing
BYERIECOUNTYUNDERGOVERNOR'STRAFFICapparatus)repair shop, decontamination facility for firefighters
SAFETYGRANT] turnout gear, ground ladder maintenance and repair shop,
The City of Buffalo Police Department has been awarded Safety Office and Hazardous Materials Team (Haz Mat)
$7,700 in grant funding under the Governor's Traffic Safety equipment and training facility.
Grant Program through our participation with the County of In May 1997 we embarked upon a new program designed to
Erie's Governor’s Traffic Safety Regional Committee for the upgrade our EMS (Emergency Medical Services) training.
period January 1, 1997 through September 30, 1997. Having received a grant of about $135,000, we established our
A major focus of this program as determined regionally by this Defibrillator Program by placing the first four (4) units in
committee (where the City of Buffalo is represented as are the service. Training, maintenance and storage space is required
surrounding suburbs) is speed enforcement. Per the to fully implement the program and issue the remaining thirty-
guidelines as set forth by Albany, the Department is eligible to one defibrillation units.
In addition, we expect to be able to expand our Emergency I hereby request permission to take bids for the
Operations Center (E.O.C.) at 195 Court Street. This will above project; and have asked for and received the following
provide a facility where all disaster agencies (local, state and bids for Elmwood Avenue tree planting on October 23, 1997:
federal) can come together in the event of a major natural or COMPANY BID
man-made disaster. The E.O.C. will be provided with back-up Village Green Landscaping 13,041
dispatching capability, map grid and phone bank to Gleason's Nursery 15,375
accommodate the public in the event of an emergency. It Birchgrove Landscaping No Bid
should be emphasized that these plans are in the preliminary I hereby certify that the foregoing is a true & correct
stage and are subject to some change as conditions permit or statement of the bids received. We are accepting the low base
as funding becomes available. bid of 13,041. Therefore, Village Green Landscaping, P.O.
REFERRED TO THE COMMITTEE ON FINANCE. Box 522, Hamburg, New York 14075 is the lowest responsible
bidder in accordance with the plans & specifications:
FROMTHECORPORATIONCOUNSEL I recommend that Your Honorable Body authorize
the City to order the work on the basis of the low bid. Funds for
NO.42 this work are available in Bond Fund Account 201-717-001.
IMPLEMENTATIONOFCOMERSETTLEMENT Mrs. LoTempio moved:
COMMUNITYHOUSING That the above communication from the Commissioner of
CENTERADMINISTRATOR Community Development dated October 23, 1997, be received
ITEMNO.36,C.C.P.,9/16/97 and filed; and
ITEMNO.26,C.C.P.,9/30/97 That the Commissioner of Community Development
The United States Department of Housing and be, and he hereby is authorized to award a contract for
Urban Development ("HUD") indicated to this Department that Elmwood Avenue Tree Planting, to Village Green Landscaping,
HUD is about to issue a new Request for Proposals ("RFP") the lowest responsible bidder in the amount of $13,041, with
for the administration and operation of the Community Housing said cost to be charged to Bond Fund Account 201-717-001.
Center, pursuant to the consent decrees. This new PASSED.
Comer
AYES-12. NOES-0.
RFP is in substitution for the pending RFP (including the
applicants recommended to this Honorable Body in Item No.
NO.45
36, C.C.P., 9/16/97). Once the Law Department has reviewed
REPORTOFBIDS-REMOVALS,
the RFP and the parties agree to the final text of that
Comer
LEAD&ASBESTOSABATEMENT
Request, the City will issue the new RFP and, pursuant to its
FORMERSCHOOLNO.62
terms, recommend to this Honorable Body an administrator
As authorized by Your Honorable Body Item No. 41,
from the applicants to that RFP.
C.C.P. 1/21/97, I asked for and received the following bids for
REFERRED TO THE COMMITTEE ON COMMUNITY
Removals, Lead & Asbestos Abatement Former School No. 62,
DEVELOPMENT.
which were opened and publicly read on October 15, 1997:
Contractor Base Bid Add Alt.1 Floor Tile Lead
NO.43
Unit Price Unit Price
SETTLEMENTOFCLAIM
Adiccom Inc. $95,500 $12.00 $10.00
NYNEXCORPORATION
1683 Dewey Avenue
Police Officer David Cieply was injured on duty at 11. A
P.O. Box 15610
NYNEX repair crew had been working on installing telephone
Rochester, N.Y. 14615
lines at the precinct house on April 13, 1995. They had
Arric Corp. $117,000 5.50 4.75
removed a 2' X 2' cover from an access hole in the floor
5033 Transit Road
between two desks. Officer Cieply had been working at one of
Depew, N.Y. 14043
the desks with his back to the repair crew. When he arose
Env.Tech., Inc. $124,600 18,000 12.00 9.50
from his desk and turned to walk away, he slipped into the
22 California Avenue
uncovered hole which the repair crew had failed to warn him of
Paterson, N.J. 07503
As a result of stepping into the hole with one leg, the police
Aria Contr. Corp. $127,300 65,000 9.25 18.00
officer suffered injuries to his lower back, right hip and
3907 North Buffalo Road
hamstring muscles and right ankle. His injuries caused him to
Orchard Park, N.Y. 14127
report off from work from April 14, 1995 to April 27, 1995,
Peerless Eniro.
inclusively and then from July 12, 1995 to December 8, 1995.
Control, Inc. $164,875 11,750 4.00 6.00
Officer Cieply returned to work on December 9, 1995. The City
100 River Rock Drive
was compelled by law to pay Officer Cieply $15,483.40 in total
Suite 301
wages and paid his medical expenses in the amount of
Buffalo, N.Y. 14207
$5,603.43 for a grand total of $21,086.83.
Architect's Estimate $125,000
The police officer retained private counsel and commenced a
I hereby certify that the foregoing is a true and
lawsuit against NYNEX.
correct abstract of all bids received for this work building and
The City was entitled to also commence litigation against
that Adiccom, Inc. is the lowest responsible bidder in the base
NYNEX but prior to doing so, NYNEX indicated its willingness
bid amount of $95,500. Funds for this project will be available
to settle both Cieply's claim and that of the City. At a pre-trial
in Community Development Account 200-717-039. The Add
settlement conference before New York State Supreme Court
Alternate was for lead paint removal, by chemical means, which
Justice James B. Kane, negotiations resulted in a tentative
we have no interest in accepting.
settlement subject to the approval of Your Honorable Body in
I, therefore, recommend that Your Honorable Body
the amount of $14,000.00 payable to the City of Buffalo by the
authorize the Commissioner of Community Development to
NYNEX Corporation.
order the work by Adiccom, Inc. 1683 Dewey Avenue, P.O. Box
The Corporation Counsel recommends acceptance of the
15610, Rochester, New York 14615 in the base bid amount of
settlement by the Common Council for the following reasons.
$95,500.
The compromise figure represents two-thirds of the total
Mrs. LoTempio moved:
amount expended by the City on behalf of Officer Cieply for
That the above communication from the Commissioner of
wages and medical expenses; costs of litigation are saved, i.e.
Community Development dated October 23, 1997, be received
filing fees, deposition transcript fees, and costs associated with
and filed; and
a trial such as those for medical witnesses and overtime for
That the Commissioner of Community Development
police officers.
be, and he hereby is authorized to award a contract for
The Corporation Counsel further requests Your Honorable
Removals, Lead & Asbestos Abatement, Former School No.
Body to authorize the Comptroller to execute a general release
62, to Adiccorn, Inc., the lowest responsible bidder in the base
to the NYNEX Corporation and/or Bell Atlantic in the amount of
bid amount of $95,500, with said cost to be charged to
$14,000.00 releasing said corporation from further claims
Community Development Account 200-717-039.
against it by the City in this matter.
PASSED.
AYES-12. NOES-0.
REFERRED TO THE COMMITTEE ON FINANCE.
NO.46
FROMTHECOMMISSIONEROFCOMMUNITY
200BLOCKOFPROSPECT
DEVELOPMENT
HOMEFUNDS
C.D.B.G.FUNDS
NO.44
The project will construct (1 3) new homes in the Lower
BIDS
Westside. The subsidies were approved by BURA and the
ELMWOODAVENUETREEPLANTING
Common Council in August, 1997. This final component will Due to a clerical error, the original response submitted to
fund the necessary acquisitions, demolitions, and site your Honorable Body for this Common Council Communication
preparation. The funds will also be used to rehabilitate at least was misplaced. In response to initiating a program to salvage
six (6) of the surrounding properties. articles of value I would like to inform your Honorable Body that
BUDGET as part of their Demolition Specifications and Work Agreement,
Acquisition $161,000.00 the Demolition Contractor is given salvage rights to the property
Demolition 10,000.00 being demolished. In keeping with any and all attempts to keep
Site preparation 75,000.00 costs at a minimum, this practice has been followed for at least
Rehabilitation 200,000.00 the past ten years. When a Demolition Contract is awarded,
$446,000.00 the contractor supplies Liability Insurance. The City of Buffalo
Project Organization is named Certificate Holder and "also insured". If "salvagers"
BNRC Developer were allowed to go on to these condemned properties, the
Marano/Marc Equity Builder (new homes) Salvage Contractor would have to supply the same insurance
BHD Enterprises Builder (new homes) coverage as the Demolition Contractor to cover their activity
Marine Midland Permanent financing and personnel. Although there are some buildings with salvage
Lower Westside Rehabilitation potential, most of the structures are stripped by unauthorized
The project has been approved by the BNRC board at the persons prior to our identifying these buildings for demolition.
9/2/97 meeting. It has also been reviewed by the Lower When a building is identified for demolition, either fire or the
Westside. ravages of time have made the building structurally unsafe.
Mrs. LoTempio moved: We feel that although the spirit in which this resolution is
That the above communication from the Commissioner of presented has value, we feel that our primary concern is with
Community Development dated October 17, 1997, be received the safety of the public and the persons removing this hazard.
and filed; and As we have had a minimum of problems with jobs of this nature
That the Commissioner of Community Development be, and in the past, we recommend that we remain giving salvage rights
he hereby is authorized to release the amount of $446,000.00 to the Demolition Contractor awarded the Demolition Contract.
of HOME Funds and CDBG Funds to be administered by the It is my sincere hope that this response satisfies your inquiry.
Buffalo Neighborhood Revitalization Corporation (and REFERRED TO THE COMMITTEE ON FINANCE
monitored by Financial Control of Agencies) to assist in the
construction of thirteen (13) new homes in the Lower NO.50
Westside. This approval is conditioned upon the development RESULTOFNEGOTIATIONS
of a plan to dedicate the BURA owned South East Comer of 187ORLANDO,464'SOFSENECA
Virginia and Prospect to passive green space and to explore LOTSIZE:30'X135',87.88'SL
the possibility of using 181 Maryland in conjunction with the ASSESSEDVALUATION
Niagara Street Open Air Market. A budget should also be LAND$1,640
submitted to the Common Council. The Department of Community Development, Division of In-
PASSED Rem Properties, has received a request to purchase the above
AYES - 12 NOES - 0 captioned property from Jose R. and Maria Diaz, 189 Orlando
Street. They intend to acquire the property and use for
NO.47 additional parking and garden area.
HOMEFUNDS-115CLAREMONT This property is not needed for public purpose or development.
I am respectfully requesting your approval for a total of The Division of Collections has been contacted and there are
$47,000.00 of HOME funds to assist in the rehabilitation of this no outstanding obligations owed to the City of Buffalo by the
6 unit apartment building. The apartments will be rented to purchasers.
low-mod income tenants. The loan terms will be 4% for 15 An independent appraisal of the property was conducted by
years. The monthly payment will be $347.65. David Burnette, appraiser, Arrow Appraisal Services. He has
The developers have met all criteria outlined; i.e. current City estimated the fair market value of the property to be Six
tax, County tax, and water bills; before-after appraisals; copy of Hundred Dollars ($600). The Division of In-Rem concurs with
mortgage/deed; contractor's work write-up; H.O.M.E. Rental the appraisers estimate of value.
Rehab application. The results of our negotiations are that Mr. & Mrs. Diaz have
OWNERS agreed and are prepared to purchase the property for Six
Mr. Gary J. Greco Mr. Richard Ciocca Hundred Dollars ($600.00). They have also agreed to pay for
957 Delaware Avenue 1155 Hopkins Road the cost of the appraisal, transfer tax, legal description and
Buffalo, New York, 14209 Williamsville, New York 14221 recording fees.
The property is located on the eastside of Claremont, near I am recommending that Your Honorable Body approve the
Bird. There are six units in this project. The property is in sale of 187 Orlando Street to Jose P. Maria Diaz in the amount
close proximity to the Elmwood Avenue Neighborhood of Six Hundred Dollars ($600.00) I am further recommending
Commercial Strip Development, as defined in the City of that the Corporation Counsel prepare the necessary
Buffalo's 1996-97 Consolidated Plan. documents for the transfer of title and that the Mayor be
REFERRED TO THE COMMITTEE ON COMMUNITY authorized to execute the same.
DEVELOPMENT REFERRED TO THE COMMITTEE ON FINANCE
NO.48 NO.51
HOMEFUNDS-537GLENWOOD REQUESTTORESCINDDEMOLITIONBIDSFOR
I am respectfully requesting your approval for a total of 514NIAGARADUETOCHANGEINFUNDINGSOURCE
$14,196.00 of HOME funds to assist in the rehabilitation of this We are requesting your Honorable Body to rescind the
2 unit apartment building. The apartments will be rented to demolition bid as reported in C.C.P. Item # 059 dated 04/29/97,
low-mod income tenants. The loan terms will be 4% for 15 and charged to the Special Assessment Fund.
years. The monthly payment will be $105.01. Empire Property was awarded the bid, being the low bidder
The developers have met all criteria outlined; i.e. current City at $16,800.00.
tax, County tax, and water bills; copy of mortgage/deed; The costs were originally charged to the Special
contractor's work write-up; H.O.M.E. Rental Rehab application. Assessment Fund #500-000-002-00000, but we have since
OWNER charged them to the General Fund Demolition Account #100-
Ms. Maeruth Wilson 713-08500900, Project ID Code 500.
75 Sterling Avenue
Buffalo, New York, 14216 Mrs. LoTempio moved:
The property is located on the southwest corner of That the communication from the Department of Community
Glenwood and Portage. There are two units in this project. Development, dated October 20, 1997 be received and filed;
The property is in close proximity to the Jefferson Commercial and
Urban Renewal Area. That the award by the Commissioner of Community
REFERRED TO THE COMMITTEE ON COMMUNITY Development of an emergency demolition contract for 514
DEVELOPMENT Niagara Street, as approved in Item No. 59, C.C.P., April 29,
1997 be charged to the General Fund Demolition Account
#100-713-08500900, Project ID Code 500.
NO.49 PASSED
"INVITESALVAGEONPROPERTIES AYES- 12 NOES - 0
SLATEDFORDEMOLITION
ITEMNO.189,C.C.P.7/22/97 NO.52
REQUESTTORESCINDPRE-DEMOLITION with the work performed.
ASBESTOSBIDSFOR: RECEIVED AND FILED
163FOUGERON
21PULASKI FROMTHECOMMISSIONEROF
505UTICAEAST ADMINISTRATIONANDFINANCE
DUETOCHANGEINFUNDINGSOURCE NO.55
We are requesting your Honorable Body to rescind the pre-"SCHOOLTAXRELIEFPROGRAM"
demolition asbestos bids for the following addresses 163 ITEMNO.15,C.C.P.10/14/97
FOUGERON; 21 PULASKI; 505 UTICA EAST as reported in I am unsure as to the specific reason that this item was
C.C.P. Item # 043 dated 04/29/97, and charged to the Special referred to me--I filed my own, somewhat similar response on
Assessment Fund. the issue of the revenue impact from the STAR program with
The pre-demolition asbestos bid offers reported were for your Honorable Body at the same time the Department of
Georgian Bay Contracting to remove asbestos from 163 Assessment did.
Fougeron - $3,240.00 and 21 Pulaski - $2,565.00. I would be pleased to answer any specific questions you
Northeastern Waste Systems was awarded the contract to might have on STAR program; in the meantime I trust this
remove asbestos from 505 Utica East - $850.00. These bids answers your question.
were awarded accordingly. RECEIVED AND FILED
Though the cost for the above bids originally were charged
to the Special Assessment Fund #500-000-00200000, we have NO.56
since charged them to the Community Block Grant Fund. "WAIVERFORLEADHAZARDCONTROLPROJECT"
Mrs. LoTempio moved: RES.NO#165,C.C.P.10/14/97
That the communication from the Department of Community It is not clear to me which specific fee is being discussed in
Development, dated October 20, 1997 be received and filed; this resolution (al registration fee?); regardless, though, the
and administration does not support the of fees nor do we have the
That the award by the Commissioner of Community ability to waive them. Only your Honorable Body can waive
Development of emergency demolition contracts for 163 fees.
Fougeron, 21 Pulaski, 505 Utica East be rescinded as I trust this answers your question.
approved in Item No. 43, C.C.P., April 29, 1997 to be charged REFERRED TO THE COMMITTEE ON FINANCE
to the Community Block Grant Fund.
PASSED NO.57
AYES - 12 NOES - 0 "REQUESTTOHIRECITYRECRUITERTO
ASSISTWITHDIVERSITYEFFORTS"
NO.53 RES.187,C.C.P.7/22/97
REQUESTTOAPPROVECHANGEOFCONTRACTOR:175 You have asked that I respond to a resolution that
SHERMAN-STEEPLEONLY recommends adding the position of recruiter to the staff of the
(ITEM#128,C.C.P.12/10/96) Civil Service Commission.
We are requesting your Honorable Body to approve the At this time, I am not convinced that the City needs an
contractor change for the demolition bid as reported in C.C.P. additional position to accomplish the objectives outlined in the
Item # 128 dated 12/10/96, due to non-performance by the resolution.
original contractor. Mayor Masiello is committed to building a workforce that
The original demolition bid offers reported were for Georgian reflects the diversity of the City, and has worked hard to do so
Bay Contracting, the lowest bidder at $26,000.00 to remove the over his first term. Unfortunately, we are working hard to cut
steeple at 175 Sherman. Georgian Bay Contracting was the cost of government--which is largely labor expense--and
awarded the contract for the above-stated property, but could absent ways to reduce the per-employee cost, must try to
not perform the work. Our office therefore is canceling their contain growth in the number of employees where possible.
contract. Thus, mainly with the exception of Police and Fire, the City is
The total cost of this project was $26,000.00 and had been not hiring large numbers of new employees. In addition, we
charged to the Special Assessment Fund #500000-002-00000. have participated in every early retirement incentive that has
Our office has since rebid this contract and has awarded it been made available to us over our four years; as you know, the
to Early Sunrise Construction for the same bid price of "targeted" nature of the incentives prevents us from replacing
$26,000.00, as listed below. This demolition work has been employees who retire, and again, shrinks the workforce. The
successfully completed by the subsequent contractor, Early effect of all this makes diversifying the City workforce a slower
Sunrise Construction. process than it would be during a growth period. Nonetheless
ADDRESS and OWNER CONTRACTOR/AMOUNT of BID we are proud of the progress we have made, and will continue
175 SHERMAN - steeple only Early Sunrise Construction to work in that direction.
Rev. Lincoln Williams $ 26,000.00 Let me outline my thoughts on the issue of a new recruiter
175 Sherman St. position.
Buffalo, NY 14212 First, and as I am sure you are aware, the Civil Service
We, therefore, respectfully request that upon approval by Commission expends a good deal of effort in recruiting and
your Honorable Body, that the cost of the project be charged to outreach, particularly to the minority community, related to
the SPECIAL ASSESSMENT FUND #500-000-002-00000, examinations given (and openings to be filled) in the Police and
and that said cost shall be collected against the owner or Fire departments. These departments are currently
person in possession benefited, under the provision of Chapter experiencing a large amount of entry level hiring due to the
113 of the Ordinances of the City of Buffalo. retirement of more senior employees, and the positions are
Mrs. LoTempio -moved: relatively well-paying jobs. We believe that our work as
That the communication from the Department of Community resulted in a more diverse group of employees in these
Development, dated October 20, 1997 be received and filed; departments than existed in January 1994.
and Second, with respect to outreach for non-public safety jobs, I
That the rebid by the Commissioner of Community believe there are ways to do more effective outreach without
Development of an emergency demolition contract to Early adding a new position. First, I believe that some simple
Sunrise Construction, at a cost of $26,000.00, relating to 175 changes could be made to the way in which Civil Service test
Sherman, steeple only, is hereby confirmed, ratified and announcements are made available to the community that
approved, with said cost to be charged against Special might increase awareness immediately (increase the number
Assessment Fund #500-00-002-0000, and that said cost shall and type of places they are sent, include community
be collected against the owner or person in possession of the newspapers, council newsletters, etc.).
premises and/or shall be assessed against the property Second, there are several existing City employees who could
benefited, in accordance with Chapter 113 of the Code of the include outreach and recruiting as part of their duties: the
City of Buffalo. Equal Employment Opportunity Systems Manager, Affirmative
PASSED Action Specialist, and other staff of the Civil Service
AYES-12 NOES-0 Commission should all be considered.
Third, employment outreach efforts that are ongoing at
NO.54 BEDC, CEDI, BMHA, an the Private Industry Council should
#68,C.C.P.,SEPTEMBER16,1997 be provided with information about civil service examinations
"A.MARROW-PROBLEMWITHPORCH-228PINEST." and positions, as these efforts are attempting to reach the
Mike Dickman, from my staff, contacted Mr. Morrow on same under represented communities that are spoken of in the
October 21, 1997, and he informed Mike that his porch has resolution. In this way there is n need to duplicate effort.
been replaced by M.J. Peterson, and he is completely satisfied My feeling is that we should identify, improve and exhaust
the range of existing activity and staff before we add more staff. Also copy of surgery request attached.
I would be happy to discuss the matter further should your Please note owe 4 1/2 pays (9 weeks) from prior year 1996 -
Honorable Body so desire. 1997
I trust this answers your question. REFERRED TO THE COMMITTEE ON CIVIL SERVICE
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
FROMTHECIVILSERVICECOMMISSION
NO.58 NO.63
PAY-AS-YOU-THROWPILOTPROGRAM MINORITYRECRUITMENT
NO.154CCP10/14/97 ITEM#187CCP7/22/97
This is in response to your referral of the item referenced Be advised examinations for employment in the City of
above. Buffalo are prepared and rated by the New York State
Please be advised that on October 9, 1997 Budget Director Department of Civil Service.
Milroy, Refuse and Recycling Director Marr and other The State Civil Service Department schedules examinations
representatives of City government, including Council Member for all agencies throughout New York State. Whenever
Franczyk, attended a "Pay-as-you-throw" teleconference at the possible, the announcement is posted ten weeks before the
University of Buffalo. test date, with final filing date for applications five weeks before
As a result of this conference, Mr. Marr has been developing the test date.
a pay-as-you-throw pilot program in order to test the feasibility Since the Civil Service Commission does not have prior
of instituting a city-wide, container-based, pay-as-you-throw knowledge of when an examination is scheduled, until
program. The administration believes, as the resolution notes, notification is received, the Commission is unable to prepare a
that such a system can provide greater equity while report detailing a minority recruitment program and
contributing to the goals of waste reduction and increased implementation of same.
recycling. Please contact Mr. Marr for a description of the REFERRED TO THE COMMITTEE ON CIVIL SERVICE
program he is developing. Briefly, the Pilot program under
consideration contemplates the use of totes or containers at NO.64
600 homes including a mixture of single and multi-family REQUESTTOHIRECITYRECRUITER
dwellings. I should note that Mr. Marr is in the process of TOASSISTWITHDIVERSITYEFFORTS
contacting the leadership of Local 264 to discuss this Pilot ITEM#191CCP7/22/97
program and the participation of bargaining unit members. In the early 1970's, the Buffalo Municipal Civil Service
I hope this addresses the resolution. Commission established a recruitment section with the
REFERRED TO THE COMMITTEE ON LEGISLATION following positions:
Supervisor of Recruitment - 1 position
NO.59 Minority Recruiter - 2 positions.
"ORD.AMEND.CH452-TOBACCOADV." These individuals were responsible for recruiting qualified
ITEMNO.177,C.C.P.10/14/97 individuals from minority groups for city employment. Through
I have referred the ordinance amendment to Director Devlin attrition, these positions were abolished.
for her review, as she had not yet seen a final version. Should In 1988, the Commission created the position of Public
there be any major problems with the ordinance from Information Officer. The employee is responsible for
Administrative Adjudication's perspective, we will notify your developing and implementing a public relations program to
Honorable Body immediately. generate interest in Civil Service examinations. He attends and
I trust this answers your question. sets up informational booths for career days, job fairs, and
REFERRED TO THE COMMITTEE ON LEGISLATION recruitment at colleges, universities, and high schools.
At the present time, the employee encumbering this position
NO.60 is on a leave of absence and the position is funded for $1.00.
REQ.LOCALLAW-HISTORICPRESERVATION REFERRED TO THE COMMITTEE ON CIVIL SERVICE
TAXCREDITS"
ITEMNO.163,C.C.P.10/14/97 FROMTHECITYCLERK
Mayor Masiello is supportive of this legislation. NO.65
I trust this answers your question. MAYORREPORTEDOUTOFSTATE
RECEIVED AND FILED I transmit herewith a communication received by me from
the Mayor, reporting his absence from the state on Thursday,
FROMTHECOMMISSIONEROFHUMANSERVICES,October 23, 1997 at 6:50 a.m. until 4:00 p.m.
PARKSANDRECREATION RECEIVED AND FILED.
NO.61
TRADEINOFFORESTRYEQUIPMENT NO.66
I am requesting permission from the Council to trade in the DISPOSITIONOFCITYRECORDS
existing forestry equipment for new forestry purchases. The following departments have requested to dispose of City
The following is the forestry equipment to be traded in: Records as indicated on the attached forms. Based on the
1. John Deere front end loader #109463T information provided I have authorized the disposition of these
2. Two tandem axle dump trucks: records in my capacity as City Records
S938-PK - #IFDYK9OJ4EVA44065 Public Works-Water
S939-PK - #IFDYK9OJ8EVA44540 RECEIVED AND FILED.
3. PK9101 Bucket Truck - #IFDPK74AOMVA09287
The front end loader and tandem axle dump truck are on NO.67
order. The Bucket Trucks (2 new) are to be bid in two weeks. LIQUORLICENSEAPPLICATIONS
Mrs. LoTempio moved: Attached hereto are communications from persons applying
That the above communication from the Commissioner of for liquor licenses from the Erie County Alcohol Beverage
Human Services, Parks and Recreation dated October 22, Control Board.
1997, be received and filed; and Address Business Name Owner's Name
That the Commissioner of Human Services, Parks and 1458 Hertel Avenue Papa Louie's Inc. P. Kelleher
Recreation and the Commissioner of General Services be, and 1633 Hertel Avenue Garangelos Inc. P. Kelleher
they hereby are authorized to trade-in the existing forestry 2 Templeton Terrace Crawdaddy's P. Kelleher
equipment for new forestry purchases as listed in the above 662 Hertel Avenue Pokey Joe's Inc. J Hynes
.
communication.
626 Hertel Avenue Candlelite Grille R. Chody Jr.
PASSED.
25 Letchworth St Steel Beach Inc. B. Hart
AYES - 12 NOES - 0
859 Tonawanda St. No name given K. Chenini
RECEIVED AND FILED
FROMTHECOMMISSIONEROFGENERALSERVICES
NO.62
NO.68
DIFFERENCEINPAYFORMICHAELINELOMBARDO
LEAVESOFABSENCEWITHOUTPAY
Michaeline Lombardo has been out of work since April 29,
I transmit herewith notifications received by me, reporting the
2997 caused by a fall outside of City Hall on April 28, 1997.
granting of the leaves of absence
Since then she has been out on Compensation. She had
without pay, in the various departments as listed:
surgery on her left knee on August 20, 1997. This note is to
Comptroller- Susan Mascia
request the approval of the Common Council to pay Michaeline
Public Works- Patrick Keane Scott Sullivan
Lombardo the difference in pay from Compensation and her
Corporation Counsel- Diane Devlin
regular pay. Copies of requests and their amounts attached.
Community Development- Catherine Cummings Roberts
Street Sanitation- Charles E. Loubert Joseph Trillizio, 108 Laird, Buffalo 14207
RECEIVED AND FILED. John Marchitte, 430 14th Street, Buffalo, New York 14213
Encil Palmer, 202 Vermont, Buffalo, New York 14213
NO69
REPORTSOFATTENDANCE NO72
I transmit herewith communications received by me, APPOINTMENTS-TEMPORARY,PROVISIONALOR
from the various boards, commissions, agencies and PERMANENT
authorities reporting the membership attendance at their
respective meetings: I transmit herewith Appointments in the various departments
City Planning Board made at the Minimum (Temporary, Provisional or Permanent)
RECEIVED AND FILED. and for Appointments at the Maximum (as per contract
requirements) .
NO70 REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
NOTICESOFAPPOINTMENTS-COUNCILINTERNS
DEPARTMENTOFASSESSMENT
I transmit herewith appointments to the position of Council Appointment Effective: October 14, 1997 in the Department
Intern. of Assessment to the Position of Assessment Clerk Temporary
Mrs. LoTempio moved the approval of the appointments to the Appointment at the Minimum Starting Salary of: $22,884
position of Council Intern. Judith A. McCabe, 29 Mayer Avenue, Buffalo, NY 14207
ADOPTED Appointment Effective: October 14, 1997 in the Department
Appointment Effective: Oct. 13, 1997 in the Department of of Assessment to the Position of In-Rem Specialist Provisional
Common Council to the Position of Intern IV at the minimum Appointment at the Minimum Starting Salary of $29,468
Starting Salary of $6.00 hr. Cheryl A. Yeates, 65 Frontenac Avenue, Buffalo, NY 14216
Alice Radka, 215 Wood Ave., Buffalo, NY 14211 Appointment Effective: October 14,1997 in the Department
Appointment Effective: Oct. 13, 1997 in the Department of of Assessment to the Position of Clerk Seasonal Non-
Common Council to the Position of Intern V at the minimum Competitive at the Flat Starting Salary of
Starting Salary of $8.00 hr. $5.20 / Hr.
Nicole Notaro, 41 Holmes St., Buffalo, NY 14207 Jaequeline Hennings, 66 Whitney Pl. #6, Buffalo, NY 14201
Appointment Effective: October 15, 1997 in the Department DEPARTMENTOFPUBLICWORKS
of Common Council to the Position of Seasonal, Non- Appointment Effective: October 21 1997 in the Department
Competitive at the flat Starting Salary of $5.15 per hr. of Public Works Division of Buildings to the Position of Senior
Angela T. Sims, 63 Erskine Ave., Buffalo, New York 14215 First Class Stationary Engineer Temporary Appointment at the
Appointment Effective: October 16, 1997 in the Department Flat Starting Salary of $7.33/hr.
of Common Council to the Position of Intern I Seasonal Non-Edward Anken, 73 Houston Street, Buffalo, NY 14220
Competitive at the flat Starting Salary of $7.00 hr. Timothy Devany, 79 Marine Drive Apt. 8B, Buffalo NY 14202
Joan Brinkworth, :161 Marine Dr., Apt 4D Buffalo, NY 14202 Charles A. Kulp, 1015 Abbott Road, Buffalo, NY 14220
James DeNault, 126 Newfield St., Buffalo, NY 14207 Appointment Effective: October 16, 1997 in the Department
Appointment Effective: October 21, 1997 in the Department of' Public Works Division of Buildings to the Position of Senior
of Common Council to the Position of Intern II First Class Stationary Engineer Temporary Appointment at the
Seasonal Non-Competitive at the flat Starting Salary of $5.15 Flat Starting Salary of $7.33
per hr. Keith M. Rathbun, 239 Cumberland Ave. Buffalo, NY 14220
Joshua McMahon, 81 Briggs Ave., Buffalo, 14207 DEPARTMENTOFCOMMUNITYDEVELOPMENT
Appointment Effective: October 14 1997 in the Department of
NO71 Community Development Division of In-Rem to the Position of
NOTICESOFAPPOINTMENTS-SEASONAL/FLAT Real Estate Specialist Provisional Appointment at the minimum
Starting Salary of $38,084
I transmit herewith certificates received by me, reporting Elizabeth Britton, 1088 Delaware Ave. #10D, Buffalo, New York
seasonal and flat salary appointments made in various 14209
departments. DEPARTMENTOFSTREETSANITATION
RECEIVED AND FILED Appointment Effective: October 14, 1997 in the Department
DEPARTMENTOFASSESSMENT of Street Sanitation to the Position of Laborer II (Hrly)
Appointment Effective: October 20,1997 in the Temporary Non-Competitive at the Minimum Starting Salary of
Department of Assessment to the Position of Clerk, Seasonal $21,829.
Non-Competitive at the Flat Starting Salary of $5.20 Hr. Deana M. LoVallo, 12 Wellington Road, Buffalo, NY 14216
Kristie Sokolowski, 71 Ashley Street, Buffalo, NY 14212 Appointment Effective: October 2, 1997 in the Department of
DEPARTMENTOFPUBLICWORKS Street Sanitation to the Position of Truck Driver Provisional
Appointment Effective: October 23, 1997 in the Department Appointment at the Minimum starting salary of $24,683.
of Public Works Division of Buildings to the Position of' Senior Jeff R. Campeau, 407 Huntington Ave., Buffalo, NY 14214
First Class Stationary Engineer Temporary Appointment at the DEPARTMENTOFHUMANSERVICES
Flat Starting Salary of: $ 7.33 hr Appointment Effective: October 13, 1997 to the Department
Robert J. Bell, 44 Ashton Place, Buffalo 14220 of Human Services Division of Recreation to the Position of
DEPARTMENTOFSTREETSANITATION Refrigeration Plant Engineer Seasonal Non-competitive Flat
Appointment Effective October 6, 1997 to the Department of Starting Salary of $6.91/hr
Street Sanitation to the Position of Seasonal Laborer II Non-Mark Blake, 158 Dundee, Buffalo, NY 14220
Competitive at the flat starting salary of $6.92hr. Walter Burshtynski, 126 Bird Avenue, Buffalo, NY 14213
Phillip E. Anderson, 135 Shumway St., Buffalo, New York Daniel Granville, 57 Hanson, Buffalo, NY 14220
14206 Howard Melcher, 210 Riverside, Buffalo NY 14207
DEPARTMENTOFHUMANSERVICES Vincent Miranda, 130 Ridgewood Buffalo NY 14220
Appointment Effective October 17,1997, in the Department DEPARTMENTOFGENERALSERVICES
of Human Services Division or Recreation to the position of Fee Appointment Effective: October 6, 1997 in the Department of
Collector Seasonal Non-Competitive at the Flat Starting Salary General Services Division of Inventory & Stores to the Position
of $ 5.15/hr of Clerk Permanent Appointment Minimum Starting Salary of
Anthony Figueroa, 24 Covington Avenue, Buffalo NY 14216 $21,917.00.
Appointment Effective: October 20,1997 in the Department Kathryn Barker, 9 Pine Harbor Walk Buffalo, NY 14201
of Human Services Division of Recreation to the Position of NO.73
Laborer II Seasonal Non-Competitive at the Flat Starting Salary APPOINTMENTS-
of $ 6.92 hr TEMPORARY/PROVISIONAL/PERMANENT
John Fracos, 21 Peoria, Buffalo, New York 14207 ACCOUNTEXECUTIVE-STREETSSANITATION
Appointment Effective October 20, 1997, to the Department I transmit herewith Appointments in the various departments
of Division of Recreation to the position of Refrigeration Plant made at the Minimum (Temporary, Provisional or Permanent)
Engineer Seasonal Non-competitive at the Flat Starting Salary and for Appointments at the Maximum (as per contract
of $6.91hr requirements) .
Raymond Boyer, 435 East Buffalo, New York 14207 REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
Louis Lumina, 53 North Park, Buffalo New York 14216 Appointment Effective October 27, 1997 in the Department of
John Mann, 35 Trowbridge, Buffalo 14220 Street Sanitation to the position of Account Executive (Street
Joseph Marchitte, 430 14th Street, Buffalo 14213 Sanitation) Provisional Appointment at the Minimum Starting
John Schieber, 164 Dundee, Buffalo 14220 Salary of $23,909
Clyde L. Eschborh, 143 Roesch Avenue, Buffalo, NY 14207 management.
RECEIVED AND FILED.
NON-OFFICIALCOMMUNICATIONS,PETITIONSAND
REMONSTRANCES NO.77
TCIOFNEWYORK
NON-OFFICIALCOMMUNICATIONS FRANCHISEAGREEMENTCOMPLIANCE
In response to your letter dated September 17, 1997, TCI
NO.74 maintains that it is in substantial compliance with respect to the
BUFFALOPLACEINC. franchise obligations in its Franchise Agreement with the City
BUFFALOPLACEFOUNDATION of Buffalo.
I respectfully request a hearing for revocation of an outdoor Prior to submitting the February 28, 1997 letter from TCI to the
performer's license under Chapter 319-10 of the City of Buffalo City, which outlined TCl's intent to increase the channel
Code. capacity and provide more viewer choice, taking into
Mr. Daniel Jelks of 44 Leonard Street, Buffalo, New York, consideration the costs involved with a rebuild, TCI had
14215, has a valid outdoor performers permit. Unfortunately forwarded several letters to your office indicating that a short
Mr. Jelks plays saxophone at a loud volume in the same extension of time for filing this report was necessary.
location near Main and Court Street, on a daily basis. While The first of this series of letters was sent to you in December,
enjoyable at street level while passing by, Mr. Jelks playing has 1996. Two additional letters were sent in January, 1997.
proved unacceptable to the upper floor tenants of the nearby During the time period in which these letters were sent to your
Liberty, Brisbane and Main Place buildings. office, TCI was undergoing a change of management at the
Buffalo Place Inc. has received approximately 30 complaints local level as well as a restructuring at the regional level;
about the volume, duration and repetition of Mr. Jelks however, our records indicate that TCI informed the City of the
performances this year. Many of those who complain are quite need for an extension and that the City did not object.
irate because they are unable to work due to constant As expressed in previous correspondence, we at TCI remain
interference. confident that we are in compliance with the intent of our
We have attempted to resolve complaints against Mr. Jelks by Franchise Agreement with the City of Buffalo. We look forward
working with Mr. Patrick Sole, Jr., City Supervisor of Licenses. to a mutually satisfying relationship with the City, keeping in
Unfortunately there are no administrative remedies in the mind that the primary concern of both TCI and the City is to
Outdoor Performers Ordinance (Chapter 319 City Code). The provide customers with the best service possible.
City Noise Ordinance (Chapter 293-4 IAN specifically omits REFERRED TO THE SPECIAL COMMITEE ON
'public performances being conducted in accordance with TELECOMMUNICATIONS.
provisions of a special permit granted by the City." Mr. Sole
was able to restrict performances on Thursdays, only, during PETITIONS
our Farmer's Market special event. We must find a way to
maintain an appropriate environment for the office tenants who NO.78
populate downtown Buffalo and are responsible for generating Bruce Andrews , owner, petition to use 285 Southside for a
substantial City tax revenues. pole sign.
Buffalo Place Inc. works hard to improve the quality of life in REFERRED TO THE COMMITTEE ON LEGISLATION, THE
downtown Buffalo as a place to work and live and be CITY PLANNING BOARD AND THE COMMISSIONER OF
entertained. Mr. Jelks, while a genuinely enthusiastic sax COMMUNITY DEVELOPMENT.
player, has become a deterrent to office occupancy at Main and
Court Streets. There is a high office vacancy in the building NO.79
above his favored performance site, we wonder if there is a Richard L. LaPlante, Jr., owner, petition to use 783-785
connection. Elmwood for a sit-in restaurant.
Buffalo Place Inc. staff and B Precinct police officers have REFERRED TO THE COMMITTEE ON LEGISLATION, THE
repeatedly requested that Mr. Jelks relocate, but he persistently CITY PLANNING BOARD AND THE COMMISSIONER OF
returns, day after day. As there is no other alternative, we COMMUNITY DEVELOPMENT.
request that the Common Council hold a hearing and after
confirming our complaint, revoke Mr. Jelks permit. NO.80
We also request that amendments be considered to the Noise Zion Dominion Church., owner, petition to use 364 Genesee for
Ordinance (Chapter 293 of the Code) to include the volume of a pole sign.
outdoor performers. We understand that similar New York City REFERRED TO THE COMMITTEE ON LEGISLATION, THE
ordinance provisions have withstood first amendment CITY PLANNING BOARD AND THE COMMISSIONER OF
challenges in similar circumstances. Performers in the same COMMUNITY DEVELOPMENT.
location as Mr. Jelks but at lower volume would be perfectly
acceptable. NO.81
Thank you for your consideration of this request. If I or my Philip C. Gramaglia, petitioner, petition to rezone 363 Dingens
staff may be of assistance on this subject, please let me know. from R2 to CM for nine storage Building.
REFERRED TO THE COMMITTEE ON LEGISLATION, REFERRED TO THE COMMITTEE ON LEGISLATION, THE
CORPORATION COUNSEL, COMMISSIONER OF CITY PLANNING BOARD AND THE COMMISSIONER OF
COMMUNITY DEVELOPMENT AND COMMISSIONER OF COMMUNITY DEVELOPMENT.
POLICE.
NO.82
Klee Gioulekas, owner, Petition to use 244 Genesee St. for a
NO.75 Drop In Center.
BUFFALOPROFESSIONALFIREFIGHTERSASSN.INC. REFERRED TO THE COMMITTEE ON LEGISLATION, THE
FAMILYMEDICALLEAVEACT CITY PLANNING BOARD AND THE COMMISSIONER OF
#134-CCPSEPTEMBER2,1997 COMMUNITY DEVELOPMENT.
Thank you for bringing Council Member Lockwood's
Resolution (#I 34 CCD September 2, 1997) to our attention. NO.83
Buffalo Professional Firefighters, Local 282 is in Supermarket Management, Inc., petitioner, petition to rezone
support of this Resolution. It is our contention that Federal and 260-312 Prospect, 185 Hudson, 184
medical leave should be used at the discretion of the Maryland, and 401 Niagara St.from R3 to C2 for supermarket
employees. We do not believe that the employer should make and parking lot.
that determination, REFERRED TO THE COMMITTEE ON LEGISLATION, THE
Once again, thank you for your notification. CITY PLANNING BOARD AND THE COMMlSSIONER OF
REFERRED TO THE COMMITTEE ON CIVIL SERVICE. COMMUNITY DEVELOPMENT.
NO.76 NO.84
SUSANR.O'CONNOR P.D.S. Contracting, Inc., owner, petition to use 199 Scott for a
RESIGNATION-DIRECTOROFBROADWAYMARKET billboard.
It is with regret that I resign my position as a Director of the REFERRED TO THE COMMITTEE ON LEGISLATION, THE
Boradway Market. Professional responsibilities requiring travel CITY PLANNING BOARD AND THE COMMISSIONER OF
has necessitated my absence from past board activities, and COMMUNITY DEVELOPMENT
are likely to interfere with future participation.
I remain very interested in the continued success of the NO.85
Broadway Market. Best wishes to its Board of Directors and E. WOODS AND OTHERS
Petition-Oppose Parking Lot-Michigan St. ADOPTED.
bounded by Swan and South Division Sts.
RECEIVED AND FILED. NO.96
RPT.OFAUDIT-SOLIDWASTECOMPOSTING
AGREE.(COMPT)
REGULARCOMMITTEES (ITEM#5CCPSEPTEMBER2,1997)
COMMITTEEONCIVILSERVICE
HON.DAVIDCZAJKA That the above mentioned item be and the same is hereby
CHAIRMAN received and filed.
ADOPTED.
NO.86
ELIM.RES.WAIVERSFOREMPLOYEES NO.97
(ITEM#136CCPMAY13,1997) REPLYTOAUDIT-COMPOSTINGAGREEMENT(PW)
That the above mentioned item be and the same is hereby ITEM#28CCPSEPTEMBER16,1997)
received and filed. That the above mentioned item be and the same is hereby
ADOPTED. received and filed.
ADOPTED.
NO.87
EST.NON-RES.FEESFORCIVILSERV.APPLNS. NO.98
(ITEM#201CCPMAY27,1997) PARKERBAYCONSULTANT-SOLIDWASTE
That the above mentioned item be and the same is hereby COMPOSTINGAGREE
received and filed. (ITEM#68CCPSEPTEMBER30,1997)
ADOPTED. That the above mentioned item be and the same is hereby
received and filed.
NO.88 ADOPTED.
NON-RESIDENTSFEE-CSEXAM(CC)
(ITEM#43CCPJUNE10,1997) NO.99
That the above mentioned item be and the same is hereby RENEWLEASE-W.S.EMERG.FOODCTR.-378
received and filed. MASS.(COMPT)(#14,4/1)
ADOPTED. (ITEM#135CCPJULY22,1997)
That the above mentioned item be and the same is hereby
NO.89 received and filed.
EST.NON-RES.FEE-CIVILSERVICEAPPLN(A&F) ADOPTED.
(ITEM#54CCPJUNE10,1997)
That the above mentioned item be and the same is hereby NO.100
received and filed. ABCRENTAL-PURCH.
ADOPTED. PRACTICES-REQ.BIDSBESENTTOVENDORS
(ITEM#88CCPSEPTEMBER2,1997)
NO.90 That the above mentioned item be and the same is hereby
EST.NON-RES.FEESFORCIVILSERV.APPLNS.(CSC) received and filed.
(ITEM#76CCPJULY8,1997) ADOPTED.
That the above mentioned item be and the same is hereby
received and filed. NO.101
ADOPTED. INFO-ABCRENTAL-PURCHASINGPRACTICES(PW)
(ITEM#29CCPSEPTEMBER16,1997)
NO.91 That the above mentioned item be and the same is hereby
NON-RESIDENTC.S.APPLICATIONFEES(CC) received and filed.
(ITEM#55CCPSEPTEMBER2,1997) ADOPTED.
That the above mentioned item be and the same is hereby
received and filed. NO.102
ADOPTED. INTO-ABCRENTALPURCHASING
PRACTICES(GENSERV)
NO.92 (ITEM#52CCPSEPTEMBER16,1997)
REQ.RPT.DRUGPROG./UPDATESFIREDEPT. That the above mentioned item be and the same is hereby
(ITEM#140CCPSEPTEMBER2,1997) received and filed.
That the above mentioned item be and the same is hereby ADOPTED.
received and filed.
ADOPTED. NO.103
CONTRACTSFOROUT-OF-TOWNCOMPANIES
NO.93 (ITEMNO.186,C.C.P.,JUNE24,1997)
NOTICESOFAPPT.-TEMP/PROV/PERM(CCLK) (ITEMNO.152,C.C.P.,SEPT.16,1997)
(ITEM#74CCPOCTOBER14,1997) That the above item be and the same hereby is
That the above mentioned item be and the same is hereby returned to the Common Council without recommendation.
received and filed. Mr. Franczyk moved:
ADOPTED. That the Department of Community Development
report on why Alside, an Akron, Ohio company is allowed into
NO.94 the bidding process when Buffalo window companies, which
SALARYORDINANCEAMENDMENT hire local and pay taxes in Buffalo are forced to compete with
20-1POLICEADMINISTRATION out-of-state companies, especially if prices are comparable;
021ADMINISTRATION&COMMUNICATIONS and
(ITEMNO.157,C.C.P.,OCT.14,1997) That the Common Council I does hereby request that
That the Salary Ordinance Amendment as contained in Item the Commissioner of Community Development change the bid
No. 157, C.C.P., October 14, 1997, be and the same hereby is documents to reflect the original wording to exclude Alsidel
approved. Windows.
PASSED. ADOPTED.
AYES-12. NOES-0.
NO.104
COMMITTEEONFINANCE CONTRACTSOUTOFTOWNCOMPANIES(CD)
HON.DAVIDA.FRANCZYK (ITEM#30CCPSEPTEMBER30,1997)
CHAIRMAN That the above mentioned item be and the same is hereby
received and filed.
NO.95 ADOPTED.
ATTENDANCEOFMAYOR'SLOBBYISTATMTG.(A&F)
(ITEM#50CCPAPRIL29,1997) NO.105
That the above mentioned item be and the same is hereby SCHOOLTAXRELIEFPROGRAM
received and filed. (ITEM#153CCPSEPTEMBER30,1997)
That the above mentioned item be and the same is hereby That the above item be, and the same hereby is, returned to
received and filed. the Common Council without recommendation.
ADOPTED. Mr. Coppola moved:
That after a public hearing before the Committee on
NO.106 Legislation on October 21, 1997, the petition of Mercy Hospital
SCHOOLTAXRELIEFPROGRAM(ASMT) of Buffalo, for permission to use 565 Abbott for a ground sign
(ITEM#15CCPOCTOBER14,1997) be, and hereby is approved.
That the above mentioned item be and the same is hereby PASSED.
received and filed. AYES-12 NOES-0
ADOPTED. NO.114
BLESSEDSACRAMENT,PETITIONTOUSE
NO.107 1025DELAWARE-POLESIGN
SCHOOLTAXRELIEFPROGRAM(A&F) (ITEMNO.88,C.C.P.,OCT.14,1997)
(ITEM#61CCPOCTOBER14,1997) That after a public hearing before the Committee on
That the above mentioned item be and the same is hereby Legislation on October 21, 1997, the petition of Blessed
received and filed. Sacrament, for permission to use 1025 Delaware for a pole
ADOPTED. sign be, and hereby is approved.
PASSED.
NO.108 AYES-12 NOES-0
CERTIORARIPROCEEDINGS-
M.KIMEANDN.KIRKPATRICK NO.115
688WESTFERRYSTREET REQ.UPDATEONADULTUSESORD.
(ITEMNO.14,C.C.P.,OCT.14,1997) (ITEM#176CCPSEPTEMBER16,1997)
That the Acting Corporation Counsel be authorized to settle That the above mentioned item be and the same is hereby
the 1997-98 certiorari proceeding for 688 W. Ferry Street, received and filed.
Buffalo, New York, by reducing the assessment from $540,000 ADOPTED
to $360,000.
PASSED. NO.116
AYES - 12 NOES - 0 ORD.AMEND.CH.127-CARBONMON.DETECTORS
(ITEM#177CCPJULY23,1997)
NO.109 That the above mentioned item be and the same is hereby
PERMISSIONTOENGAGESERVICES-CONSULTINGreceived and filed.
ENGINEER-NORTHSECTIONFILTERGALLERY ADOPTED
(ITEMNO.27,C.C.P.,OCT.14,1997)
That the Commissioner of Public Works be, and he hereby NO.117
is authorized to engage the services of a Consulting Engineer CARBONMONOXIDEORD.(CC)
to prepare plans and specifications and advertise for bids for (ITEM#53CCPOCTOBER29,1997)
the roof replacement over the north section of the Filter Gallery, That the above mentioned item be and the same is hereby
Low Lift Pump Room and Head House along with received and filed.
miscellaneous other repairs. Funds for this project will be ADOPTED
available in the Division of Water's capital project account.
PASSED. NO.118
AYES-12 NOES-0 ORD.AMEND.-LIVEMUSIC
(ITEM#179CCPJUNE24,1997)
NO.110 That the above mentioned item be and the same is hereby
BIDS-KINGURBANLIFECENTER-EARLYCHILDHOODreceived and filed.
SCHOOL ADOPTED
(ITEMNO.32,C.C.P.,OCT.14,1997)
That the Commissioner of Public Works be, and he hereby NO.119
is authorized to award to the lowest responsible bidders a ORD.AMEND.-LIVEMUSIC(CD)
contract for King Urban Life Center, General Construction to (ITEM#45CCPSEPTEMBER16,1997)
Allstate Development, in the amount of $89,730.00; Plumbing That the above mentioned item be and the same is hereby
Work to HB Plumbing in the amount of $89,730,00; Electrical received and filed.
Work to Goodwin Electric in the amount of $264,250.00; for a ADOPTED
total of $550,980.00. Funds for this project are to be charged to
CPF 202-402 - Division of Buildings. NO.120
PASSED. ORDINANCEAMENDMENT-CHAPTER75AMUSEMENTS
AYES-12 NOES-0 (MUSICLICENSE)
(ITEMNO.155,C.C.P.,OCT.14,1997)
NO.111 That the Ordinance Amendment as contained in Item No.
TRANS.FDS.-BLDGS.-$65,000 155, C.C.P.,October 14, 1997, be and the same hereby is
(ITEM#161CCPOCTOBER14,1997) approved.
That the above mentioned item be and the same is hereby PASSED.
received and filed. AYES-12 NOES-0
ADOPTED
NO.121
COMMITTEEONLEGISLATION REQUESTORDINANCEAMENDMENT
HON.ALFREDT.COPPOLA -POLITICALSIGNS
CHAIRMAN (ITEMNO.187,C.C.P.,SEP.16,1997)
NO.112 That this Common Council requests that the Corporation
JACKATKINS,PETITIONTOUSEII80ABBOTT-Counsel draft an ordinance amendment to add the following to
POLESIGN the existing ordinances dealing with political signs:
(ITEMNO.86,C.C.P.,OCT.14,1997) 1. Political signs shall not be posted on either public or
That after a public hearing before the Committee on City property
Legislation on October 21, 1997, the petition of Jack Atkins, for 2. Political signs shall not be larger than four feet by
permission to use II 80 Abbott for a pole sign be, and hereby is four feet (4'x4')
approved on the conditions that landscaping is provided at the 3. Each private property in the City of Buffalo is limited
base and that the height of the sign is no more than twenty (20) to one four-foot by four-
feet. foot (4'x4') sign or, if smaller signs are used, the space
PASSED. equivalent to these
AYES-12 NOES-0 measurements; and
That this Honorable Body requests the Corporation Counsel
NO.113 to file the aforementioned ordinance amendment.
MERCYHOSPITALOFBUFFALO,PETITIONTO ADOPTED.
USE565ABBOTT-GRANDSIGN
(ITEMNO.87,C.C.P.,OCT.14,1997) NO.122
USEOFTHEPUBLICACCESSCHANNEL-EXPOSE(ITEMNO.131,C.C.P.,OCT.14,1997)
NAMESOF"JOHNS" That the above item be and the same is returned to the
(ITEMNO.166,C.C.P.,MAY13,1997) Common Council without recommendation.
That this Common Council explore the possibility of Mr. Coppola moved:
exposing the names of "ohns" on the public access channel; That the above item be and hereby is received and filed.
and ADOPTED.
That this Common Council requests written opinions from
the Corporation Counsel, the Buffalo Police Department, NO.134
Buffalo Community Television and the Prostitution Task Force. REQUESTLOCALLAWTOTAKEADVANTAGEOF
ADOPTED. HISTORICPRESERVATIONTAXCREDITS
(ITEMNO.163,C.C.P.,OCT.14,1997)
NO.123 That this Common Council requests the Corporation
PKG.LOT/GATE-SCIENCEMUSEUM(PW) Counsel to prepare and file a local law for Council
(ITEM#37CCPSEPTEMBER2,1997) consideration that would allow newly available historic
That the above mentioned item be and the same is hereby preservation tax credits to be used on properties in the City of
received and filed. Buffalo.
ADOPTED ADOPTED.
NO.124 NO.135
GATE/PKG.SCIENCEMUSEUM(HSPR) CONDUCTTRAFFICSTUDY
(ITEM#77CCPSEPTEMBER2,1997) ELLICOTTATVIRGINIASTREET
That the above mentioned item be and the same is hereby (ITEMNO.184,C.C.P.,OCT.14,1997)
received and filed. That this Common Council requests the Department of
ADOPTED Public Works to conduct a traffic study at the intersection of
Ellicott and Virginia Streets and report the findings to this
NO.125 Honorable Body.
BUFFALOMUSEUMOFSCIENCE ADOPTED.
(ITEMNO.194,C.C.P.,JULY11,1997)
That the above item be and the same hereby is returned to COMMITTEEONCOMMUNITYDEVELOPMENT
the Common Council without recommendation. HON.DALEL.ZUCHLEWSKI
Mr. Coppola moved that the above item be recommitted to CHAIRMAN
the Committee on Legislation. NO.136
ADOPTED. LDA-WINSLOWST.NEWHSG..(CD).
(ITEMNO.41,C.C.P.OCTOBER14,1997)
NO.126 That the above item be and the same is returned to the
WELLNESSINST.-MASS.AVE.PROJ. Common Council without recommendation.
LEASE382MASS. A public hearing has been set, before the Common Council, at
(ITEM#66CCPSEPTEMBER16,1997) this regularly scheduled meeting, on the above item, and a
That the above mentioned item be and the same is hereby Notice of same has been published in the Buffalo News, a copy
received and filed. of which is attached hereto.
ADOPTED On a motion by Mrs. LoTempio, seconded by the item is
properly before the Common Council, and the hearing is
NO.127 opened.
WELLNESSINST.-LEASE382MASS.AVE.PROJ. CARRIED.
(ITEM#10CCPSEPTEMBER30,1997) Appearances - David Pawlik, Deputy Commissioner of
That the above mentioned item be and the same is hereby Community Development
received and filed. Angelo Crets, President TGB Dev.
ADOPTED Mrs. LoTempio now moved that the hearing be closed.
Seconded byMrs. Williams.
NO.128 CARRIED.
AMANACAP.COLLECTIONACTIVITES(CC) Mrs. LoTempio moved that
(ITEM#37CCPOCTOBER14,1997) WHEREAS, the City of Buffalo Urban Renewal Agency
That the above mentioned item be and the same is hereby (here in after referred to as the "Agency") has duly designated
received and filed. TGB Developers, , Inc. as the qualified and eligible
ADOPTED Redeveloper in accordance with all applicable rules, regulations
and/or procedures duly adopted by the Agency; and
NO.129 WHEREAS, the City Clerk has published a "Notice of Public
AMANACAP.ABUSE/WATERSYS.CUSTOMERS(BSA) Hearing" in accordance with Section 507, Subdivision 2 (d) of
That the above mentioned item be and the same is hereby the General Municipal Law of the State of New York; and
received and filed. WHEREAS, said Public Hearing has been duly held in the
ADOPTED Council Chambers, City Hall, at 2:00 P.M. on Tuesday,
October 28, 1997; and
NO.130 WHEREAS, the proposed Land Disposition Agreement has
AMANACAP.CORP.-CANCELCONTRACT been duly submitted to this Common Council by the Agency.
(ITEM#76CCPOCTOBER14,1997) NOW, THEREFORE, BE IT RESOLVED:
That the above mentioned item be and the same is hereby 1. that TGB Developers, Inc. has been duly designated
received and filed. as a qualified and eligible Redeveloper by the Agency, is
ADOPTED hereby approved as the Redeveloper for the Winslow Street
New Housing Program.
NO.131 2. that the Mayor of the City of Buffalo and the
NOTIF.SERIAL8959-8960 Chairman and/of Vice Chairman of the Agency are hereby
(ITEM#16CCPOCTOBER14,1997) authorized and directed to execute any and all deeds and/or
That the above mentioned item be and the same is hereby other documents and/of affidavits deemed necessary and
received and filed. appropriate to convey title to the land described in the proposed
ADOPTED Land Disposition Agreement to the Redeveloper ; in
accordance with all term, covenants and conditions of said
NO.132 Land Disposition Agreement and for the consideration recited
FRANCZYKPK.NEIGHBORHOOD therein.
(ITEM#46CCPOCTOBER14,1997) PASSED
That the above mentioned item be and the same is hereby AYES-12 NOES-0
received and filed.
ADOPTED NO.137
LDA-WOODLAWNAVE.NEWHSG/NICHOLAS.(CD).
NO.133 (ITEMNO.59,C.C.P.OCTOBER14,1997)
OPPOSENEWYORKSTATE That the above item be and the same is returned to the
CONSTITUTIONALCONVENTION Common Council without recommendation.
(ITEMNO.135,C.C.P.,SEPT.30,1997) A public hearing has been set, before the Common Council,
at this regularly scheduled meeting, on the above item, and a Chairman and/or Vice Chairman of the Agency are hereby
Notice of same has been published in the Buffalo News, a copy authorized and directed to execute any and all deeds and/or
of which is attached hereto. other documents and/or affidavits deemed necessary and
On a motion by Mrs. LoTempio, seconded by the item is appropriate to convey title to the land described in the proposed
properly before the Common Council, and the hearing is Land Disposition Agreement to the Redeveloper in accordance
opened. with all term, covenants and conditions of said Land Disposition
CARRIED. Agreement and for the consideration recited therein.
Appearances - David Pawlik, Deputy Commissioner of PASSED
Community Development. AYES- 12 NOES- 0
Mr. George Nicholas, CEO, Nicholas
Enterprises NO139
Mrs.LoTempio moved that the hearing be closed Seconded by UPDATEDOWNTOWNTRAFFICSTUDY(REFERREDTO
Mr. Brown. THECOMMITTEEONCOMMUNITYDEVELOPMENT)
CARRIED. (ITEM#43CCPJANUARY23,1997)
Mrs. LoTempio moved that That the above mentioned item be and the same is hereby
WHEREAS, the City of Buffalo Urban Renewal Agency received and filed.
(hereinafter referred to as the "Agency") has duly designated ADOPTED
Nicholas Enterprises, Inc., as the qualified and eligible
Redeveloper in accordance with all applicable rules, regulations NO140
and/or procedures duly adopted by the Agency; and DOWNTOWNTRAFFICSTUDY(REFERREDTOTHE
WHEREAS, the City Clerk has published a "Notice of Public COMMITTEEONCOMMUNITYDEVELOPMENT)
Hearing" in accordance with Section 507, Subdivision 2 (d) of (ITEM#63CCPMARCH18,1997)
the General Municipal Law of the State of New York; and That the above mentioned item be and the same is hereby
WHEREAS, said Public Hearing has been duly held in the received and filed.
Council Chambers, City Hall, at 2:00 P.M. on Tuesday, ADOPTED
October 28, 1997; and
WHEREAS, the proposed Land Disposition Agreement has NO141
been duly submitted to this Common Council by the Agency. TRANS.TITLEHOMESTEADPROG.89DODGE
NOW, THEREFORE, BE IT RESOLVED: (#54,10/29)
1 . that Nicholas Enterprises, Inc., has been duly (ITEM#205CCPNOVEMBER26,1997)
designated as a qualified and eligible Redeveloper by the That the above mentioned item be and the same is hereby
Agency, is hereby approved as the Redeveloper for the received and filed.
Woodlawn Avenue (Nicholas) New Housing Program, ADOPTED
2. that the Mayor of the City of Buffalo and the
Chairman and/or Vice Chairman of the Agency are hereby NO142
authorized and directed to execute any and all deeds and/or TRANSFEROFTITLE,URBANHOMESTEAD-250
other documents and/or affidavits deemed necessary and BRISTOLSTREET
appropriate to convey title to the land described in the proposed (ITEMNO.42,C.C.P.,OCT.14,1997)
Land Disposition Agreement to the Redeveloper ; in That the city-owned property commonly known as 250 Bristol
accordance with all term, covenants and conditions of said Street, is hereby designated as Homestead Property, and that
Land Disposition Agreement and for the consideration recited the Mayor be, and he hereby is authorized to execute a deed
therein. transferring said property to Mr. Thomas Bailey, residing at 252
PASSED Bristol Street, for the amount of $1.00 (One Dollar), and all
AYES-12 NOES-0 costs of transfer, on the condition the property is cleared and
improved within six (6) months and maintained in a sanitary
NO.138 manner.
LDA-WOODLAWNAVE.NEWHSG/BURKEBROS.(CD). Mr. Zuchlewski moved that the above item be recommitted to
(ITEMNO.60,C.C.P.OCTOBER14,1997) the Committee on Community Development.
That the above item be and the same is returned to the ADOPTED.
Common Council without recommendation.
A public hearing has been set, before the Common Council, NO143
at this regularly scheduled meeting, on the above item, and a TRANSFEROFTITLE,URBANHOMESTEAD-214
Notice of same has been published in the Buffalo News, a copy LOCUSTSTREET(ITEMNO.43,C.C.P.,OCT.14,1997)
of which is attached hereto. That the city-owned property commonly known as 214 Locust
On a motion by Mrs. LoTempio, seconded by the item is Street, is hereby designated as Homestead Property, and that
properly before the Common Council, and the hearing is the Mayor be, and he hereby is authorized to execute a deed
opened. transferring said property to Mr. Roderick L. Sims and Helen J.
CARRIED. Sims, residing at 216 Locust Street, for the amount of $1.00
Appearances - David Pawlik - Community Development (One Dollar), and all costs of transfer, on the condition the
Patrick Burke property is cleared and improved within six (6) months and
Mrs. LoTempio now moved that the hearing be closed. maintained in a sanitary manner.
Seconded by Mr. Coppola. PASSED
CARRIED. AYES- 12 NOES- 0
Woodlawn Avenue (Burke) New Housing Program NO144
Approval Of Land Distribution Agreement Burke Brothers TRANSFEROFTITLE,URBANHOMESTEAD-837S.
Construction, Inc. DIVISIONSTREET(ITEMNO.44,C.C.P.,OCT.14,1997)
Mr. Zuchlewski moved that That the city-owned property commonly known as 837 S.
WHEREAS, the City of Buffalo Urban Renewal Agency Division Street, is hereby designated as Homestead Property,
(hereinafter referred to as the "Agency") has duly designated and that the Mayor be, and he hereby is authorized to execute a
Burke Brother Construction, Inc., as the qualified and eligible deed transferring said property to Mr. George Withey, residing
Redeveloper in accordance with all applicable rules, regulations at 839 S. Division Street, for the amount of $1.00 (One Dollar),
and/or procedures duly adopted by the Agency; and and all costs of transfer, on the condition the property is
WHEREAS, the City Clerk has published a "Notice of Public cleared and improved within six (6) months and maintained in a
Hearing" in accordance with Section 507, Subdivision 2 (d) of sanitary manner.
the General Municipal Law of the State of New York; and PASSED
WHEREAS, said Public Hearing has been duly held in the AYES- 12 NOES- 0
Council Chambers, City Hall, at 2:00 P.M. on Tuesday,
October 28, 1997; and NO145
WHEREAS, the proposed Land Disposition Agreement has REDEV.AM&A'SBLDG.
been duly submitted to this Common Council by the Agency. (ITEM#206CCPJUNE24,1997)
NOW, THEREFORE, BE IT RESOLVED: That the above mentioned item be and the same is hereby
1. that Burke Brother Construction, Inc., has been duly received and filed.
designated as a qualified and eligible Redeveloper by the ADOPTED
Agency, is hereby approved as the Redeveloper for the
Woodlawn Avenue (Burke) New Housing Program. NO146
2. that the Mayor of the City of Buffalo and the IMPLEMENTATION-COMERSETTLEMENTHSG.CTR.
ADM.(CC) PASSED AYES- 12 NOES- 0
(ITEM#36CCPSEPTEMBER16,1997)
That the above mentioned item be and the same is hereby RESOLUTIONS
received and filed. NO155
ADOPTED By: Mr. Brown
SUBJECT:MEMORIALIZENEWYORKSTATE
NO147 LEGISLATURE-DECREASELIQUORLICENSEFEEIN
REDEVELOPMENTPLANFORAM&A'SBLDQ.(CD) CITYOFBUFFALOTOEQUALLIQUORLICENSEFEE
(ITEM#67CCPJULY8,1997) CHARGEDTOSUBURBANBUSINESSES
That the above mentioned item be and the same is hereby Whereas: The City of Buffalo is home to many
received and filed. establishments which are required to purchase a liquor license
ADOPTED so they can sell alcoholic beverages; and
Whereas: Many of these establishments are small
NO148 neighborhood-based bars, restaurants, stores, and various
IMPLEMENTATIONOFCOMERSETTLEMENT(CC) combinations thereof, and
(ITEM#26CCPSEPTEMBER30,1997) Whereas: The cost of a three-year liquor license for
That the above mentioned item be and the same is hereby a business located in the City of Buffalo is $3,700; this cost
received and filed. can be prohibitive for many businesses; and
ADOPTED Whereas: This fee seems particularly unfair when it
is compared with the three-year liquor license fee of $2,200
NO149 which suburban businesses pay; and
HSG.ASST.CTR.-COMERSETTLEMENT-SELECTIONWhereas: The New York State Liquor Authority cites
OFOPERATOR "population differences" as the reason for the outrageously
(ITEM#80CCPOCTOBER14,1997) higher rate charged to businesses located in the City of
That the above mentioned item be and the same is hereby Buffalo; and
received and filed. Whereas: This policy, which effectively penalizes
ADOPTED businesses based on location, must be changed so that
Buffalo establishments no longer pay an exorbitant amount
NO150 more than their suburban counterparts for the same license;
F.BEARD-REQ.HRGRENTALASST.&HSG.OPP-COMMand
HSG.CTR.(ITEM#61CCPSEPTEMBER16,1997) Whereas: The higher rate charged to businesses
That the above mentioned item be and the same is hereby located within the City of Buffalo is yet another example of the
received and filed. obstacles that the City of Buffalo, its residents, and businesses
ADOPTED face as we attempt to provide cost-efficient services and work
NO151 with our neighboring municipalities to make our region more
A.MARROW-PROBLEMWITHPORCH-228PINE(ITEM#68competitive; and
CCPSEPTEMBER16,1997) Whereas: Addressing this problem would assist the
That the above mentioned item be and the same is hereby businesses who have assisted the City of Buffalo through their
received and filed. commitment to this community; it is appropriate to address this
ADOPTED issue at this time because State Liquor Authority officials report
that our existing rates have not been changed in more than ten
NO152 years;
OPPOSEAMENDMENTTOELLICOTTURBANRENEWALNow, Therefore, Be It Resolved:
PLAN-PARKINGLOT That the Buffalo Common Council urges that the New York
(ITEMNO.176,C.C.P.,OCT.14,1997) State Legislature address this outdated policy by decreasing
That the Common Council opposes the amendment of Ellicott the liquor license fee charged to businesses in the City of
Redevelopment Plan to allow the development of a parking lot. Buffalo to equal the liquor license fee charged to suburban
ADOPTED businesses; and
Be It Further Resolved:
NO153 That certified copies of this resolution be forwarded by the City
WEGMANSELECTRICALWIRING Clerk to Governor George Pataki, the Western New York
(ITEMNO.189,C.C.P.,OCT.14,1997) Delegation of the State Legislature, and the State Liquor
That the above item be and the same hereby is returned to the Authority.
Common Council without recommendation. ADOPTED
Mr. Zuchlewski moved:
That the Common Council does hereby waive the requirements NO156
of Section 165-15 of the Code of the City of Buffalo for By: Mr. Brown, Ms. Miller-Williams, and Ms.
Wegmans for this particular project only; and Kavanaugh
The Commissioner of Community Development be, and he OPPOSENEWYORKSTATECONSTITUTIONAL
hereby is authorized to permit the installation of the electrical CONVENTIONUNLESSTHEDELEGATESELECTION
system in Wegmans pursuant to the waiver of Section 165-15 PROCESSISREFORMEDTOALLOWFORGREATER
of the Code of the City of Buffalo to affect only the Tray Cables PUBLICPARTICIPATION
located within the cable tray sections in the building. Whereas: Since 1846, New York State constitutions
PASSED have required a vote by the citizenry at least once every 20
AYES- 12 NOES- 0 years to determine whether there should be a state
constitutional convention to review, and if necessary, revise the
NO154 constitution of the State of New York; and
COOPERATIVEPURCHASINGBYTHECITYANDTHEWhereas: On November 4, 1997, citizens will face
BUFFALOPUBLICSCHOOLSYSTEM the ballot question: "Shall there be a convention to revise the
(ITEMNO.169,C.C.P.,OCT.14,1997) constitution and amend the same?" If voters decide that such a
That the Common Council hereby authorizes the cooperative convention is necessary, convention delegates would be
purchasing arrangement between the City and the Buffalo elected in 1998, and the convention would be held in 1999; and
Public School System as follows: Whereas: This Honorable Body approved a
I That the City and BPS jointly prepare the bid specifications to resolution on Tuesday, September 16, 1997 which supported a
ensure that the requirements of both bodies are satisfied; and New York State constitutional convention, based solely on the
2. That the City and BPS appoint one officer to advertise and need to reform the state constitution; however, a more complete
distribute the bid specifications; and discussion of both the positive and negative aspects of this
3 . That the BPS and the City determine whether they shall issue may result in Councilmembers rethinking their positions
appoint one fiscal officer who will be responsible for payment or on this crucial issue; and
if the successful bidder will be required to bill each entity Whereas: Although a constitutional convention
separately for the items purchased thereby; and would provide the opportunity to make necessary changes in
4. That the City and BPS determine whether they shall the New York State Constitution, the convention also raises the
appoint one officer or body to award the contract or whether the possibility of changing positive aspects of our constitution and
City and BPS shall have the right to accept or reject the bid as eliminating many of the freedoms which New York State
to their respective portions. residents currently enjoy; and
That a copy of this resolution be sent to the Buffalo Board of Whereas: The last major changes from a constitutional
Education for their consideration and approval. convention were implemented in 1938; however, constitutional
conventions are not the only way to make changes in the New for the care and aid of the needy, and rights to workers
York State constitution. More than one hundred compensation and unemployment insurance; and
modernization’s and major changes have been made to our Whereas: That this Common Council hereby
state constitution through another method: passage by two expresses its belief that changes must be made to the state
consecutive legislatures (with an election in between) followed constitution, but remains opposed to a constitutional convention
by a vote of the citizens of the State of New York; and in New York State unless the delegate selection process is
Whereas: Many organizations throughout New York reformed to allow for greater public participation;
State, including the League of Women Voters, Citizen Action, Now Therefore Be It Resolved:
NYS NAACP, the National Organization of Women, American That this Honorable Body urges voters throughout New York
Federation of State, County, and Municipal Employees State to vote NO on the issue of a constitutional convention
(AFSCME), the Conservative Party, Change NY, the Christian given the current delegate selection process. We further urge
Coalition, the New York League of Conservation Voters, NYS voters to lobby the New York State Legislature to make at least
Trial Lawyers Association, Jews for Racial and Economic the following delegate selection reforms and then present a
Justice, the National Association for Puerto Rican Civil Rights, referendum on the November, 1998 ballot to hold a
Inc., the Empire State Pride Agenda, NYS AFL-CIO, and New constitutional convention in 2000. Requested reforms:
York State United Teachers, have voiced their strong I. Delegates who are also state legislators shall not receive a
opposition to a constitutional convention; and salary for their convention service; paying them amounts to
Whereas: The current system is that a total of 198 "double dipping" because they are already being paid by
delegates are elected: three delegates are elected from each of taxpayers for the same service. If they are paid, they shall not
the 61 state senate districts and 15 delegates are elected be allowed to count their delegate salary towards their New
statewide; it seems that average citizens would find it difficult or York State pension.
impossible to raise the estimated $150,000 required to 2. No more than one state legislator shall be allowed to
campaign effectively to the approximately 295,000 people in represent a convention district and no more than one-third of
each respective district; and the statewide delegates shall be elected officials.
Whereas: New York State's high campaign 3. Campaign finance reform shall be implemented to provide a
contribution limits allow individuals to contribute up to $28,000 level playing field so that candidates can establish name
to a candidate campaigning statewide, and up to $7,000 to a recognition and campaign effectively. Such reforms should
candidate campaigning at the senate district level; it is unlikely include: limiting personal spending by convention candidates to
that most average citizens will receive individual contributions $5,000, capping contributions from individuals at $500, and
at these funding levels; and capping contributions from corporations, political action
Whereas: This process is made more prohibitive for committees and other entities at $250.
average citizens because potential district candidates must 4. Reduce the number of signatures required to 500 at the
collect a minimum of 1,000 signatures; independent candidates district level, 1,500 for independent candidates at the district
must collect a minimum of 3,000 signatures to run at the level, and 7,500 at the state level.
district level. 15,000 signatures are required to run statewide; 5. Provide a grace period for candidates to correct technical
and flaws in their petitions; and
Whereas: As a result of the exclusion of most Be It Further Resolved:
average citizens, the delegation will most likely mirror that of the That certified copies of this resolution be forwarded to the New
last constitutional convention, which was held in 1967; at that York State Senate, the New York State Assembly, State
convention, four out of five delegates were current or former Comptroller Carl McCall, and Governor George E. Pataki.
New York State legislators, judges, local officials, or LOST
governmental appointees. Only 18% of the delegates had no AYES Brown, Kavanaugh, Williams - 3 NOES Coppola,
previous elected or appointed government experience; 47% Czajka, Franczyk, Gray, Helfer, Lockwood, LoTempio, Pitts,
were attorneys, 95% were men, and 91% were of European Zuchlewski - 9
American descent; and
Whereas: Although all voters ultimately have the NO157
right to vote on convention proposals, delegates have the By: Mr. Coppola
opportunity to influence and even create those proposals GRANTPERMISSIONTOINSTALLSPINBINS
through their participation in the constitutional convention; and ONHERTELAVENUELIGHTPOLES
Whereas: Organizations and individuals both in Whereas: The Hertel North Buffalo Business Association
favor of and opposed to a constitutional convention have (HNBBA), which has worked actively to revitalize Hertel
offered various delegate selection reforms to the State Avenue, has requested permission to install spin bin garbage
Legislature; however, the State Legislature containers on city-owned light poles; and
has not acted on any of the suggested reforms. The delegate Whereas: The spin bins are manufactured locally, and the
selection process seems to be the greatest concern for many HNBBA is interested in not only keeping Hertel Avenue clean
of the individuals and organizations who are opposed to a but also supporting a locally-owned business; therefore this
constitutional convention; if the delegate selection process Common Council should support them in their efforts.
were altered to allow for the election of delegates who better Now therefore be it resolved that
reflect the diversity of the State of New York, some of the This Common Council supports the Hertel North Buffalo
opposing organizations might be more amenable to a Business Association in their efforts to revitalize Hertel Avenue
constitutional convention; and and grants them permission to install spin bin garbage
Whereas: Both of the current delegate election containers, which are manufactured locally, on light poles on
systems, multi-member and at-large, favor incumbents, hinder Hertel Avenue provided that all requirements by the Department
opportunities for minority representation, and enhance special of Public Works are met.
interest influence; and PASSED
AYES- 12 NOES- 0
Whereas: Opponents of the idea of a constitutional
convention are also concerned about the fact that such a NO158
convention could cost the taxpayers of New York State By : Mr. Coppola
approximately $50 million; this amount does not guarantee PERMISSIONTOHANGHARVESTFESTIVALBANNER
positive reform which would benefit residents of our state. In Whereas: Mount St. Joseph Academy is holding a Harvest
fact, the recommendations made following the 1967 Festival November 20 through November 22, 1997, to raise
constitutional convention were overwhelmingly rejected by funds for the school library; and
voters; and Whereas: Event organizers have requested permission to erect
Whereas: If there is a constitutional convention, a banner advertising the festival on Main Street between light
many people would share a common hope for reforms poles 2062 and 2075; and
including the restoration of home rule messages for action on Whereas: The banner would be erected on November 1 and
local issues, modernization of election laws, and requirements removed on November 24, 1997.
for the state legislature to pass the state budget in a timely and Now therefore be it resolved that
responsible manner; unfortunately, the special interests which This Common Council grants permission to the organizers of
would potentially control such a convention could work to Mount St. Joseph Academy's Harvest Festival to hang a
ensure that their needs are met at the expense of these and banner publicizing their event on or about November 1, with
similar reforms which would benefit all of our citizens; and removal projected for November 22, 1997, on Main Street
Whereas: This convention could threaten certain between light poles 2062 and 2075 providing they have met all
constitutional provisions which are crucial to the lives of requirements by the Department of Public Works.
countless New York State residents; examples of such possibly AYES- 12 NOES- 0
endangered provisions are the mandate that the state provide PASSED
or she possesses an associate's degree or sixty (60) college
NO159 credits; seven hundred dollars ($700.) per annum if he or she
BY: MR. CZAJKA possesses a bachelor's degree or one hundred twenty (120)
SALARYORDINANCEAMENDMENT college credits; nine hundred dollars ($900.) per annum, if he
40-DEPARTMENTOFPUBLICWORKS or she possesses a master's degree or higher degree.
1-DIVISIONOFENGINEERING The stipend shall be payable on July I of each year based upon
023TRAFFICENGINEERINGSERVICES possession of the relevant degree in the previous fiscal year.
The Common Council of the City of Buffalo does ordain as Effective July 1, 1996, the Chiefs of Police shall receive an
follows: annual educational stipend consisting of. three hundred fifty
That part of Section 1 of Chapter 35 of the Code of the City of dollars ($350.) per annum if he or she possesses an
Buffalo, relating to 40 - Department of Public Works 1 - associate's degree or sixty (60) college credits, seven hundred
Division of Engineering 023 Traffic Engineering Services which dollars ($700.) per annum if he or she possesses a bachelor's
reads: degree or one hundred twenty (120) college credits-, nine
1 Engineering Aide $24,083 - $27,136 hundred dollars ($900.) per annum if he or she possesses a
1 Sign Inspector $25,317 - $28,685 master's degree or higher degree. The stipend shall be payable
Is hereby amended to read: on July I of each year based upon possession of the relevant
2 Engineering Aide $24,083 - $27,136 degree in the previous fiscal year.
WE, JOSEPH N. GIAMBRA, Commissioner of Public Works APPROVED AS TO FORM
and JAMES B. MILROY, Director of the Budget, hereby certify Michael B. Risman, Corporation Counsel
that the above changes are necessary for the proper conduct, NOTE: Matter underlined is new.
administration and performance of essential services of that REFERRED TO THE COMMITTEE ON CIVIL SERVICE
department. We recommend that the compensation for said
positions be fixed at the respective amounts set forth in the NO161
foregoing ordinance. By: Mr. Czajka
That a personnel requisition incident to the creation of the CITYOFBUFFALO
above-mentioned position, containing a statement of the duties LOCALLAWNO.(1997)
for such position, has been filed with the Municipal Civil INTRODUCTORYNO.8(1997)
Service Commission, and said Commission has approved and A LOCAL LAW amending the Charter of the
certified the position title set forth in the foregoing ordinance as City of Buffalo in relation to the position of Chief of Police in the
being the appropriate Civil Service title for the proposed Department of Police.
positions. BE IT ENACTED BY THE COMMON COUNCIL OF THE
APPROVED AS TO FORM CITY OF BUFFALO AS FOLLOWS:
Michael B. Risman, Corporation Counsel Section 1. That Article Twelve of the Charter of the City of
REFERRED TO THE COMMITTEE CIVIL SERVICE Buffalo, adopted pursuant to law, is hereby amended to read as
follows:
NO160 (a) That a new section two hundred twenty-two point
By: Mr. Czajka one be added to read as
RE:ORDINANCEAMENDMENT follows:
CHAPTER35-PERSONNELPOLICIES Section 222.1 Chiefs of Police.
The Common Council of the City of Buffalo does hereby ordain Effective July 1, 1996, there shall be three chiefs of police in
as follows: the non-competitive class of the civil service, who shall be
That Chapter 35 of the Code of the City of Buffalo be amended appointed and removed at the pleasure of the commissioner of
to read as follows 35-8. Police membership. police and shall perform such other and additional duties as
The following shall be deemed members of the police force: may, from time to time, be assigned to them by the
Commissioner of Police, Deputy Commissioner, of Police commissioner of police or a deputy commissioner of police.
Police Inspector, Police Administrator, Director of Education On the removal, as here in before provided, of a chief of police,
and Community Relations, Director of Traffic, Chief of who, at the time of his appointment as a chief of police was a
Detectives, Police Captain Chief, Bureau of Identification member of the department of police, he shall, before such
Assistant Chief of Detectives, Police Instructor, Director of removal becomes effective, be restored at his request to the
Public Laboratory, Chief of Homicide, Assistant Chief, Bureau rank and duty which he held at the time of his Appointment.
of Identification, Assistant Chief, Bureau of Communications Section 2. That Article Twenty-four of the Charter of the City of
Police Lieutenant, Ballistics Technician Detective Sergeant Buffalo, adopted pursuant to law, is hereby amended to read as
Chief, Traffic Tag Bureau, Police Photographer, Polygraph follows-
Operator Detective, Desk Lieutenant, Patrolman, Policewoman (a) That section four hundred fifty-three be amended to read
Chief of Staff (effective July 1, 1996) as follows:
Chief of Patrol (effective July 1, 1996 The council shall have the exclusive power to fix the salary or
compensation of every, officer and employee of the city other
35-20. Commissioners and Deputy Commissioners of Police than those enumerated in section four hundred fifty-one and
and Fire. section four hundred fifty-two. Except as otherwise provided by
A. The Commissioners of Police and of Fire and their the council by resolution:
Deputies shall receive a clothing allowance in the amount of (a) Whenever the base salary of permanent full-time
five hundred dollars ($500.) for the period from July 1, 1984, to employees of the department of police who are members of the
June 30, 1985. Thereafter, they shall receive an annual the Police Benevolent Association is increased pursuant to
clothing allowance in the amount of three hundred dollars collective bargaining, the salary of exempt and non-competitive
($300.). Effective July 1, 1996, Chiefs of Police shall receive an employees of the department of police shall be increased by
annual clothing allowance in the amount of three hundred the same percentage dollar amount received by such non-
dollars ($300) exempt employees;
B. Effective July 1, 1985, the Commissioners of Police Section 3. This local law shall take effect immediately.
and of Fire and their Deputies shall receive an annual longevity APPROVED AS TO FORM
payment in the amount of six hundred dollars ($600.). Effective Michael B. Risman
July 1, 1996, Chiefs of Police shall receive an annual longevity Corporation Counsel
payment in the amount of six hundred dollars ($600) NOTE: Matter underlined is new.
C. Effective July 1, 1985, the Commissioner of Fire and LAID ON THE TABLE
his Deputy shall be paid the cash equivalent of a forty-minute
lunch period for each day actually worked. NO162
D. Effective July 1, 1993, the reporting time for the By: Mr. Franczyk
Commissioner of Police and his Deputies shall be rolled into TRANSFEROFFUNDS
the base pay at the actual cash value of ten and one-half MISCELLANEOUSCHARGES
percent (11/2%) of the 1992-93 salary, and thereafter shall DIVISIONOFBUILDINGS
constitute part of the base salary. Effective July 1, 1996, the That pursuant to section 42 of the Charter and the Certificate
reporting time for the Chiefs of Police shall be rolled into the of the Mayor and the Comptroller submitted to the Common
base pay at the actual cash value of ten and one-half percent Council, the sum of $15,000 be and the same is hereby
(10 1/2%) of the 1992-93 salary, and thereafter shall constitute transferred from the Miscellaneous Charges - Gas and said
part of the base salary. sum is hereby reappropriated as set forth below:
E. Effective July 1, 1993, the Commissioner of Police From:
and his Deputies shall receive an annual educational stipend 100 General Fund, 812 - Miscellaneous Charges, 223- Gas
consisting of three hundred fifty dollars ($350.) per annum if he $15,000
To: Council, the appropriation in the budget for the current fiscal
100 General Fund, 402 - Division of Buildings, 021, year for Appropriation Allotments - Department of Police -
Administrative Services, 573 Engineering & Technical Services Exempt Items be and the same hereby is increased in the sum
$15,000 of $50,000.
PASSED That, the comptroller be and hereby is authorized and directed
AYES- 12 NOES- 0 to transfer the sum of $50,000 from 100-890-050 - Reserve for
Capital Appropriations to meet this increased appropriation as
NO163 set forth below:
BY: Mr. Franczyk To: 100 General Fund, 20 - Department of Police,
TRANSFEROFFUNDS I-Police Administration 085 Exempt Items, 910-
DIVISIONOFBUDGETANDMANAGEMENT BuildingConstructionandlmprovements(Back up Generator)
DIVISIONOFBUILDINGS $50,000
That pursuant to section 42 of the Charter and the Certificate PASSED
of the Mayor and the Comptroller submitted to the Common AYES- 13 NOES- 0
Council, the sum of $40,000 be and the same is hereby
transferred from the Division of Budget and Management - NO168
Planning for Capital Improvements account and said sum is By: Mr. Franczyk:
hereby reappropriated as set forth below: BONDRESOLUTION
From: 200 Capital Project Fund, 061 - Division of Budget and $110,000BONDS
Management, 001 - Planning for Capital Projects $40,000 JEFFERSONAVE.LANDACQUISITION
To: 200 Capital Project Fund, 402 - Division of Buildings, 501 ACCOUNTNO.200-717
East District Police Precinct $40,000 Bond Resolution of the City of Buffalo, New York, authorizing
PASSED the issuance of $110,000 General Improvement Bonds of said
AYES- 13 NOES- 0 City to finance the cost of acquisition of land related to the
Jefferson Renaissance project, at the estimated maximum cost
NO164 of $110,000.
BY: Mr. Franczyk The Common Council of the City of Buffalo, in the County of
TRANSFEROFFUNDS Erie, New York, hereby resolves (by the favorable vote of not
DIVISIONOFBUDGETANDMANAGEMENT less than two-thirds of all the members of said Common
That pursuant to section 42 of the Charter and the Certificate Council) as follows:
of the Mayor and the Comptroller submitted to the Common Section 1. The Comptroller of the City of Buffalo, in the County
Council, the sum of $52,500 be and the same is hereby of Erie, New York (herein called "City"), is hereby authorized
transferred from the Division of Budget and Management - and directed to issue General Improvement Bonds of said City
Planning for Capital Improvements account and said sum is in the principal amount of One Hundred Ten Thousand Dollars
hereby reappropriated as set forth below: ($110,000), pursuant to the provisions of the Charter of said
From: 200 Capital Project Fund, 061 - Division of Budget and City and the Local Finance Law, constituting Chapter 33-a of
Management 001 - Planning for Capital Projects $52,500 the Consolidated Laws of the State of New York (the "Law"), to
To: 200 Capital Project Fund, 402 - Division of Buildings, 001 finance the cost of acquisition of land related to the Jefferson
Apollo Theater Reconstruction (continue design) $52,500 Renaissance project, within the City block bounded by
PASSED Jefferson Avenue., East Utica Street, Welker Avenue, and
AYES- 13 NOES- 0 Glenwood Street. The estimated maximum cost of said
specific object or purpose for which the bonds authorized by
NO165 this resolution are to be issued, including preliminary costs and
By: Mr. Franczyk costs incidental thereto and the financing thereof, is $1 10,000
TRANSFEROFFUNDS as set forth in the duly adopted Capital Improvements Budget
DIVISIONOFBUDGETANDMANAGEMENT of said City for fiscal year 1997-98, as amended.
DIVISIONOFBUILDINGS Section 2. The proceeds of the sale of the bonds authorized by
this resolution, or any bond anticipation notes issued in
That pursuant to section 42 of the Charter and the Certificate anticipation of the sale of said bonds, shall be deposited in the
of the Mayor and the Comptroller submitted to the Common Capital Projects Fund to the credit of the Division of
Council, the sum of $125,000 be and the same is hereby Development, "Rehabilitation Jefferson Renaissance, 1997-98"
transferred from the Division of Budget and Management - Account No. 200-717, and shall be used for the purpose
Planning for Capital Improvements account and said sum is specified in Section 1 of this resolution.
hereby reappropriated as set forth below: Section 3. The City intends to finance, on an interim basis, the
From: 200 Capital Project Fund, 061 - Division of Budget and costs or a portion of the costs of said improvements for which
Management, 001 - Planning for Capital Projects $125,000 bonds are herein authorized, which costs are reasonably
To: 200 Capital Project Fund, 401 - Division of Engineering, expected to be incurred by the City, pursuant to this Bond
501 - Reconstruction of Exchange Street from Van Ressalaer Resolution, in the maximum amount of $1 10,000. This
to Louisiana $125,000 resolution is a declaration of Official Intent adopted pursuant to
PASSED AYES- 13 NOES- 0 the requirements of Treasury Regulation Section 1.150-2.
Section 4. The following additional matters are hereby
NO166 determined and stated:
By: Mr. Franczyk (a) The period of probable usefulness applicable to the specific
TRANSFEROFFUNDS object or purpose for which the bonds authorized by this
DIVISIONOFBUDGETANDMANAGEMENT resolution are to be issued, within the limitations of Section I
DIVISIONOFBUILDINGS 1.00 a.21. of the Local Finance Law, is thirty (30) years.
That pursuant to section 42 of the Charter and the Certificate (b) Current funds are not required by the Law to be provided as
of the Mayor and the Comptroller submitted to the Common a down payment prior to the issuance of the bonds authorized
Council, the sum of $150,000 be and the same is hereby by this resolution or any bond anticipation notes issued in
transferred from the Division of Budget and Management - anticipation thereof in accordance with Section 107.00 d. 9 of
Planning for Capital Improvements account and said sum is the Law.
hereby reappropriated as set forth below: Section 5. Each of the bonds authorized by this resolution and
From: 200 Capital Project Fund, 061 Division of Budget and any bond anticipation notes issued in anticipation of the sale of
Management 001 Planning for Capital Projects S150,000 said bonds and the renewals of said notes shall contain the
To: 200 Capital Project Fund, 401 - Division of Engineering, recital of validity as prescribed by Section 52.00 of the Local
502 - Reconstruction of Military Road from, Kenmore Avenue Finance Law. Said bonds and said notes shall be general
to South Hertel Avenue $150,000. obligations of the City of Buffalo payable as to both principal
AYES- 13 NOES- 0 and interest by general tax upon all the taxable real property
PASSED within said City without limitation as to rate or amount. The
faith and credit of said City are hereby irrevocably pledged to
NO167 the punctual payment of the principal of and interest on said
By: Mr. Franczyk bonds and said notes. Provision shall be made annually by
INCREASEDAPPROPRIATION appropriation by said City for the payment of interest on and for
RESERVEFORCAPITALAPPROPRIATIONS the amounts required for the amortization and redemption of
DEPARTMENTOFPOLICE said bonds and said notes.
That, Pursuant to Section 41 of the Charter and the Certificate Section 6. The validity of the bonds authorized by this
of the Mayor and the Comptroller submitted to the Common resolution or any bond anticipation notes issued in anticipation
of the sale of said bonds, may be contested only if: of the sale of said bonds, may be contested only if:
(a) Such obligations are authorized for an object or purpose for (a) such obligations are authorized for an object or purpose for
which the City of Buffalo is not authorized to expend money, or which the City of Buffalo is not authorized to expend money, or
(b) The provisions of law which should be complied with at the (b) the provisions of law which should be complied with at the
date of the publication of such resolution are not substantially date of the publication of such resolution are not substantially
complied with, complied with,
and an action, suit or proceeding contesting such validity, is and an action, suit or proceeding contesting such validity, is
commenced within twenty days after the date of such commenced within twenty days after the date of such
publication, or publication, or
(C) Such obligations are authorized in violation of the (c) such obligations are authorized in violation of the provisions
provisions of the constitution. of the constitution.
Introduced: October 28, 1997 Introduced: October 28, 1997
LAID ON THE TABLE LAID ON THE TABLE
NO169 NO170
By: Mr. Franczyk: By: Mr. Franczyk:
BONDRESOLUTION BONDRESOLUTION
$150,000BONDS $186,000BONDS
JEFFERSONAVE.SITEIMPROVEMENTS RECONSTRUCTIONOFFIRESTATIONS
ACCOUNTNO.200-717 ACCOUNTNO.200-402
Bond Resolution of the City of Buffalo, New York, authorizing Bond Resolution of the City of Buffalo, New York, authorizing
the issuance of $150,000 General Improvement Bonds of said the issuance of $186,000 General Improvement Bonds of said
City to finance the cost of site improvements related to the City to finance the cost of the reconstruction of various fire
Jefferson Renaissance project, at the estimated maximum cost stations for the Fire Department, at the estimated maximum
of $150,000. cost of $186,000.
The Common Council of the City of Buffalo, in the County of The Common Council of the City of Buffalo, in the County of
Erie, New York, hereby resolves (by the favorable vote of not Erie, New York, hereby resolves (by the favorable vote of not
less than two-thirds of all the members of said Common less than two-thirds of all the members of said Common
Council) as follows: Council) as follows:
Section 1. The Comptroller of the City of Buffalo, in the County Section 1. The Comptroller of the City of Buffalo, in the County
of Erie, New York (herein called "City"), is hereby authorized of Erie, New York (herein called "City"), is hereby authorized
and directed to issue General Improvement Bonds of said City and directed to issue General Improvement Bonds of said City
in the principal amount of One Hundred Fifty Thousand Dollars in the principal amount of One Hundred Eighty-Six Thousand
($150,000), pursuant to the provisions of the Charter of said Dollars ($186,000), pursuant to the provisions of the Charter of
City and the Local Finance Law, constituting Chapter 33-a of said City and the Local Finance Law, constituting Chapter 33-a
the Consolidated Laws of the State of New York (the "Law"), to of the Consolidated Laws of the State of New York (the "Law"),
finance the cost of site improvements on City-owned land to finance the cost of the reconstruction of various fire stations
related to the Jefferson Renaissance project, within the City for the Fire Department. The estimated maximum cost of said
block bounded by Jefferson Avenue., East Utica Street, Welker class of objects or purposes for which the bonds authorized by
Avenue, and Glenwood Street. The estimated maximum cost this resolution are to be issued, including preliminary costs and
of said specific object or purpose for which the bonds costs incidental thereto and the financing thereof, is $186,000
authorized by this resolution are to be issued, including as set forth in the duly adopted Capital Improvements Budget
preliminary costs and costs incidental thereto and the financing of said City for fiscal year 1997-98, as amended.
thereof, is $150,000 as set forth in the duly adopted Capital Section 2. The proceeds of the sale of the bonds authorized by
Improvements Budget of said City for fiscal year 1997-98, as this resolution, or any bond anticipation notes issued in
amended. anticipation of the sale of said bonds, shall be deposited in the
Section 2. The proceeds of the sale of the bonds authorized by Capital Projects Fund to the credit of the Department of Fire,
this resolution, or any bond anticipation notes issued in "Reconstruction Fire Station, 1997-98" Account No. 200402,
anticipation of the sale of said bonds, shall be deposited in the and shall be used for the purpose specified in Section I of this
Capital Projects Fund to the credit of the Division of resolution.
Development, "Rehabilitation Jefferson Renaissance, 1997-98" Section 3. The City intends to finance, on an interim basis, the
Account No. 200-717, and shall be used for the purpose costs or a portion of the costs of said improvements for which
specified in Section 1 of this resolution. bonds are herein authorized, which costs are reasonably
Section 3. The City intends to finance, on an interim basis, the expected to be incurred by the City, pursuant to this Bond
costs or a portion of the costs of said improvements for which Resolution, in the maximum amount of $186,000. This
bonds are herein authorized, which costs are reasonably resolution is a declaration of Official Intent adopted pursuant to
expected to be incurred by the City, pursuant to this Bond the requirements of Treasury Regulation Section 1.150-2.
Resolution, in the maximum amount of $150,000. This Section 4. The following additional matters are hereby
resolution is a declaration of Official Intent adopted pursuant to determined and stated:
the requirements of Treasury Regulation Section 1.150-2. (a) The period of probable usefulness applicable to the class
Section 4. The following additional matters are hereby of objects or purposes for which the bonds authorized by this
determined and stated: resolution are to be issued, within the limitations of Section
(a) The period of probable usefulness applicable to the 11.00
specific object or purpose for which the bonds authorized by (a.) 12. (a)(2) of the Local Finance Law, is fifteen (1 5) years.
this resolution are to be issued, within the limitations of Section (b) Current funds are not required by the Law to be provided
11.00 a. 35. of the Local Finance Law, is five (5) years. as a down payment prior to the issuance of the bonds
(b) Current funds are not required by the Law to be provided authorized by this resolution or any bond anticipation notes
as a down payment prior to the issuance of the bonds issued in anticipation thereof in accordance with Section
authorized by this resolution or any bond anticipation notes 107.00 d. 9 of the Law.
issued in anticipation thereof in accordance with Section Section 5. Each of the bonds authorized by this resolution and
107.00 d. 9 of the Law. any bond anticipation notes issued in anticipation of the sale of
Section 5. Each of the bonds authorized by this resolution and said bonds and the renewals of said notes shall contain the
any bond anticipation notes issued in anticipation of the sale of recital of validity as prescribed by Section 52.00 of the Local
said bonds and the renewals of said notes shall contain the Finance Law. Said bonds and said notes shall be general
recital of validity as prescribed by Section 52.00 of the Local obligations of the City of Buffalo payable as to both principal
Finance Law. Said bonds and said notes shall be general and interest by general tax upon all the taxable real property
obligations of the City of Buffalo payable as to both principal within said City without limitation as to rate or amount. The
and interest by general tax upon all the taxable real property faith and credit of said City are hereby irrevocably pledged to
within said City without limitation as to rate or amount. The the punctual payment of the principal of and interest on said
faith and credit of said City are hereby irrevocably pledged to bonds and said notes. Provision shall be made annually by
the punctual payment of the principal of and interest on said appropriation by said City for the payment of interest on and for
bonds and said notes. Provision shall be made annually by the amounts required for the amortization and redemption of
appropriation by said City for the payment of interest on and for said bonds and said notes.
the amounts required for the amortization and redemption of Section 6. The validity of the bonds authorized by this
said bonds and said notes. resolution or any bond anticipation notes issued in anticipation
Section 6. The validity of the bonds authorized by this of the sale of said bonds, may be contested only if:
resolution or any bond anticipation notes issued in anticipation (a) such obligations are authorized for an object or purpose for
which the City of Buffalo is not authorized to expend money, or at the date of the publication of such resolution are not
(b) the provisions of law which should be complied with at the substantially complied with,
date of the publication of such resolution are not substantially and an action, suit or proceeding contesting such validity, is
complied with, commenced within twenty days after the date of such
and an action, suit or proceeding contesting such validity, is publication, or
commenced within twenty days after the date of such (c) such obligations are authorized in violation of the
publication, or provisions of the constitution.
(c) such obligations are authorized in violation of the provisions Introduced: October 28, 1997
of the constitution. LAID ON THE TABLE
Introduced: October 28, 1997
LAID ON THE TABLE NO.172
By: Mr. Franczyk:
NO.171 BONDRESOLUTION
By: Mr. Franczyk: $1,300,000BONDS
BONDRESOLUTION RECONSTRUCTIONOFAPOLLOTHEATER
$450,000BONDS ACCOUNTNO.200-717
PURCHASEOFFIREAPPARATUS Bond Resolution of the City of Buffalo, New York,
ACCOUNTNO.200-210 authorizing the issuance of $1,300,000 General
Bond Resolution of the City of Buffalo, New York, Improvement Bonds of said City to finance the cost of the
authorizing the issuance of $450,000 General Improvement reconstruction of the former Apollo Theater building for lease
Bonds of said City to finance the cost of the purchase of to Buffalo Public Access Television, at the estimated
apparatus for the Fire Department, at the estimated maximum cost of $1,300,000.
maximum cost of $450,000. The Common Council of the City of Buffalo, in the County of
The Common Council of the City of Buffalo, in the County of Erie, New York, hereby resolves (by the favorable vote of not
Erie, New York, hereby resolves (by the favorable vote of not less than two-thirds of all the members of said Common
less than two-thirds of all the members of said Common Council) as follows:
Council) as follows: Section 1. The Comptroller of the City of Buffalo, in the
Section 1. The Comptroller of the City of Buffalo, in the County of Erie, New York (herein called "City"), is hereby
County of Erie, New York (herein called "City"), is hereby authorized and directed to issue General Improvement Bonds
authorized and directed to issue General Improvement Bonds of said City in the principal amount of One Million Three
of said City in the principal amount of Four Hundred Fifty Hundred Thousand Dollars ($1,300,000), pursuant to the
Thousand Dollars ($450,000), pursuant to the provisions of the provisions of the Charter of said City and the Local Finance
Charter of said City and the Local Finance Law, constituting Law, constituting Chapter 33-a of the Consolidated Laws of the
Chapter 33-a of the Consolidated Laws of the State of New State of New York (the "Law"), to finance the cost of the
York (the "Law"), to finance the cost of the purchase of reconstruction of the former Apollo Theater building, located at
apparatus for the Fire Department, including two pumpers. 1326-1362 Jefferson Avenue, for lease to Buffalo Public
The estimated maximum cost of said class of objects or Access Television. The estimated maximum cost of said
purposes for which the bonds authorized by this resolution are specific object or purpose for which the bonds authorized by
to be issued, including preliminary costs and costs incidental this resolution are to be issued, including preliminary costs and
thereto and the financing thereof, is $450,000 as set forth in costs incidental thereto and the financing thereof, is
the duly adopted Capital Improvements Budget of said City for $1,300,000 as set forth in the duly adopted Capital
fiscal year 1997-98, as amended. Improvements Budget of said City for fiscal year 1997-98, as
Section 2. The proceeds of the sale of the bonds authorized amended.
by this resolution, or any bond anticipation notes issued in Section 2. The proceeds of the sale of the bonds authorized
anticipation of the sale of said bonds, shall be deposited in the by this resolution, or any bond anticipation notes issued in
Capital Projects Fund to the credit of the Department of Fire, anticipation of the sale of said bonds, shall be deposited in the
"Purchase of Fire Apparatus" Account No. 200-210, and shall Capital Projects Fund to the credit of the Division of
be used for the purpose specified in Section I of this resolution. Development, "Rehabilitation Jefferson Renaissance, 1997-98"
Section 3. The City intends to finance, on an interim basis, Account No. 200-717, and shall be used for the purpose
the costs or a portion of the costs of said improvements for specified in Section 1 of this resolution.
which bonds are herein authorized, which costs are reasonably Section 3. The City intends to finance, on an interim basis,
expected to be incurred by the City, pursuant to this Bond the costs or a portion of the costs of said improvements for
Resolution, in the maximum amount of $450,000. This which bonds are herein authorized, which costs are reasonably
resolution is a declaration of Official Intent adopted pursuant to expected to be incurred by the City, pursuant to this Bond
the requirements of Treasury Regulation Section 1. 150-2. Resolution, in the maximum amount of $1,300,000. This
Section 4. The following additional matters are hereby resolution is a declaration of Official Intent adopted pursuant to
determined and stated: the requirements of Treasury Regulation Section 1. 150-2.
(a) The period of probable usefulness applicable to the Section 4. The following additional matters are hereby
class of objects or purposes for which the bonds authorized by determined and stated:
this resolution are to be issued, within the limitations of Section (a) The existing building to be partially reconstructed is
11.00 (a) 27 of the Local Finance Law, is twenty (20) years. a Class "B" construction as defined by Section 11.00 a.11(b) of
(b) Current funds are not required by the Law to be the Law and the period of probable usefulness applicable to the
provided as a down payment prior to the issuance of the bonds specific object or purpose for which the bonds authorized by
authorized by this resolution or any bond anticipation notes this resolution are to be issued, within the limitations of Section
issued in anticipation thereof in accordance with Section I 1. 00 a. 12. (a)(2) of the Local Finance Law, is fifteen (I 5)
107.00 d. 9 of the Law. years.
Section 5. Each of the bonds authorized by this resolution (b) Current funds are not required by the Law to be
and any bond anticipation notes issued in anticipation of the provided as a down payment prior to the issuance of the bonds
sale of said bonds and the renewals of said notes shall contain authorized by this resolution or any bond anticipation notes
the recital of validity as prescribed by Section 52.00 of the issued in anticipation thereof in accordance with Section
Local Finance Law. Said bonds and said notes shall be 107.00 d. 9 of the Law.
general obligations of the City of Buffalo payable as to both Section 5. Each of the bonds authorized by this resolution
principal and interest by general tax upon all the taxable real and any bond anticipation notes issued in anticipation of the
property within said City without limitation as to rate or amount. sale of said bonds and the renewals of said notes shall contain
The faith and credit of said City are hereby irrevocably pledged the recital of validity as prescribed by Section 52.00 of the
to the punctual payment of the principal of and interest on said Local Finance Law. Said bonds and said notes shall be
bonds and said notes. Provision shall be made annually by general obligations of the City of Buffalo payable as to both
appropriation by said City for the payment of interest on and for principal and interest by general tax upon all the taxable real
the amounts required for the amortization and redemption of property within said City without limitation as to rate or amount.
said bonds and said notes. The faith and credit of said City are hereby irrevocably pledged
Section 6. The validity of the bonds authorized by this to the punctual payment of the principal of and interest on said
resolution or any bond anticipation notes issued in anticipation bonds and said notes. Provision shall be made annually by
of the sale of said bonds, may be contested only if: appropriation by said City for the payment of interest on and for
(a) such obligations are authorized for an object or the amounts required for the amortization and redemption of
purpose for which the City of Buffalo is not authorized to said bonds and said notes.
expend money, or Section 6. The validity of the bonds authorized by this
(b) the provisions of law which should be complied with resolution or any bond anticipation notes issued in anticipation
of the sale of said bonds, may be contested only if: qualified national consultant with experience in this field to
(a) such obligations are authorized for an object or prepare a Telecommunications Ordinance for the City of
purpose for which the City of Buffalo is not authorized to Buffalo; and
expend money, or Whereas: The chosen consultant could work closely with
(b) the provisions of law which should be complied with the Law Department to ensure that the final product meets the
at the date of the publication of such resolution are not City's needs and is in compliance with all relevant local, state
substantially complied with, and federal laws and regulations;
and an action, suit or proceeding contesting such validity, is Now, therefore be it resolved:
commenced within twenty days after the date of such That this Common Council authorize the preparation of a
publication, or Request For Proposals for a consultant to draft a
(c) such obligations are authorized in violation of the Telecommunications Ordinance for the City of Buffalo; and
provisions of the constitution. Be it further resolved:
Introduced: October 28, 1997 That this consultant be paid with unspent funds from the
LAID ON THE TABLE Office of Telecommunications budget.
REFERRED TO THE SPECIAL COMMITTEE ON
NO.173 TELECOMMUNICATIONS, CORPORATION COUNSEL
By: Mrs. Gray and Mrs. Williams AND THE PUBLIC SERVICE COMMISSION
.
CRIMEPREVENTIONMONTHS1997
I
Whereas: The vitality of our City depends largely on how
NO.175
safe we keep our homes, neighborhoods, workplaces, and
By: Ms. Lockwood
communities, because crime and fear diminish the quality of
PAYMENTOFCERTAINSMALLCLAIMS
life for all; and
Whereas, the Common Council, by Item No. 184, C.C.P.,
Whereas: Crime and fear of crime destroy our trust in
June 26, 1979, established a specific procedure for payment of
others and in institutions, threatening the community's health
claims of $100.00 or less and Claims under Section 207 (a)
and prosperity; and
and (c) of the General Municipal Law, which pertain to medical
Whereas: People of all ages must be made aware of what
bills of Policemen and Firemen in any amount; and
they can do to prevent themselves, their families, neighbors,
Whereas, the Common Council, by Item No. 104, C.C.P.,
and co-workers from being harmed by drugs, violence, and
April 29, 1997, established that all garb can claims arising out
other crimes; and
of the activities of the Department of Street Sanitation that are
Whereas: The personal injury, financial loss, and
related to refuse recycling be paid out of the Solid Waste &
community deterioration resulting from crime are intolerable
Recycling Enterprise Fund Budget Account only if the claim
and require action by the whole community; and
took place after October 1, 1996; and
Whereas: Crime prevention initiatives must include but go
Whereas, the subject claims are eligible for consideration
beyond self-protection and home security, to promote
under the said procedures; and
collaborative efforts to make neighborhoods safer for all ages
Whereas, the Department of Law has verified the validity of
and to develop positive educational and recreational
the claims and recommend payment thereof,
opportunities for young people; and
Now Therefore, Be It Resolved:
Whereas: Adults must invest time, resources, and policy
That the Comptroller be, and hereby is authorized to make
support in effective prevention and intervention strategies for
payment of the following claims, and the said payment be
youth, and teens must be engaged in driving crime from their
charged against the "Judgment and Claims Account" in the
communities; and
Department of Law or be charged against the Solid Waste &
Whereas: Effective crime prevention programs excel
Recycling Enterprise Fund Budget Account:
because of partnerships among law enforcement, other
1. Suzanne Forsythe
government agencies, civic groups, school, faith communities,
Claim for loss of garbage can at 1885 Hertel Avenue on
businesses, and individuals as they help to nurture communal
6/5/97. $ 10.00
responsibility and install pride.
2. Theodore I. Goree
Now, Therefore, Be It Resolved:
Claim for loss of garbage can at 266 Reed Street on 8/7/97. $7.00
That the Common Council does hereby proclaim October 1,
3. Delphine Guerra
1997, through December 31, 1997 as Crime Prevention
Claim for loss of three garbage cans at 576 Tacoma Avenue
Months in the City of Buffalo urging all citizens, government
on 6/5, 6/12 and 6/19/97 $ 30.00
agencies, public and private institutions, and businesses to
4. Barbara Hester
recognize the power of prevention and work together for the
Claim for loss of garbage can at 496 Best Street on 8/13/97 $9.00
common good.
5. Ethel L. Mann
ADOPTED
Claim for loss of three garbage cans at 2575 Main Street on
7/28/97 $ 27.00
NO.174
6. Julia Mendoza
By: Ms. Kavanaugh and Mr. Franczyk
Claim for loss of garbage can at 1550 Delaware Avenue on
HIRECONSULTANT-TELECOMMUNICATIONS
6/30/97 $ 10.00
ORDINANCE
7. Colleen A. Szudzik
Whereas: The City of Buffalo has prepared a draft
Claim for loss of four garbage cans at 125 Selkirk Street on
Telecommunications Ordinance intended to regulate providers
7/21/97 $ 42.00
of telecommunications services who utilize the City's right--way
8. Mary Thornton
in order to provide those services; and
Claim for loss of garbage can at 226 Rounds Avenue on
Whereas: Although it is a rough draft with many
1/13/97 $ 9.00
unresolved issues, it represents a sincere first step by the City
9. Corinne Wigfall
to develop fair and reasonable regulations for this industry, as
Claim for loss of garbage can at 32 Rees Street on 6/27/97 $ 9.00
permitted by the Telecommunications Act of 1996; and
Investigation by the Department of Law reveals that the
Whereas: Some municipal governments have attempted to
above claims are valid and payment is hereby recommended.
take advantage of the authority granted by Congress to
PASSED
preserve and protect public interests by preparing
AYES-12 NOES-0
telecommunications ordinances; and
Whereas: It is critical that we also enact a
NO.176
Telecommunications Ordinance that not only addresses the
BY: Mrs. LoTempio
special needs and concerns of this City, but that is also in
ORDINANCEAMENDMENT
compliance with federal and state law; and
CHAPTER133-CITYPROPERTY
Whereas: Failure to enact a valid and effective
The Common Council of the City of Buffalo does hereby
telecommunications ordinance in a timely manner will certainly
ordain as follows:
be detrimental to the City of Buffalo; and
That Section 133-12 of Chapter 133 of the Code of the City
Whereas: This is a very new and complex area, and the
of Buffalo be amended to read as follows:
City's Law Department lacks the specialized expertise and the
§ 133-12. Leases, concessions, licenses and rights.
significant amount of time necessary to develop a solid
Whenever the city is the owner of premises or has been
ordinance, and
authorized by the Common Council pursuant to Section 383 of
Whereas: The new Office of Telecommunications was
the Charter to enter into possession of premises in
fully funded in the City's 1997-98 budget, but since it is not yet
condemnation proceedings and is authorized to rent or to grant
operational some of that funding can be used to hire a
a concession, license or right to carry on a particular business
consultant to prepare a Telecommunications Ordinance; and
in a building, public space, grounds or park or part thereof, and
Whereas: It would be to the City's advantage to hire a
whenever the yearly rental revenue or income to be received by
the city therefrom will exceed the sum of one thousand dollars Be It Further Resolved That:
($1,000.), the terms of such lease, concession, license or right This Council requests the Administration to report any
shall be in writing, and no such lease, concession, license or progress in these negotiations by the next Council filing
right shall be granted except in the following manner: deadline of November 6, 1997.
K. Whenever the city leases its real property, such lease ADOPTED
agreement shall contain a provision requiring the lessee to
either pay the city for the removal of solid waste generated at NO.180
such real property or contract with a private contractor to By: Mr. Pitts
remove solid waste generated at the real property. This STATUSOFMFS
subsection shall be effective as long as the city is engaged in Whereas: Negotiations have been ongoing between the
the collection and removal of solid waste. City of Buffalo and Metropolitan Fiber Systems (MFS) for a
APPROVED AS TO FORM contract to operate a telecommunications system in the city;
Michael B. Risman and
Corporation Counsel Whereas: MFS has apparently begun entering the city
NOTE: Matter underlined is new. right-of-way to lay new fiber-optic cable in downtown Buffalo;
REFERRED TO THE COMMITTEE ON LEGISLATION and
Whereas: In light of the Telecommunications Act of 1996
NO.177 and the specific needs and concerns of the City regarding the
By: Mrs. LoTempio future of telecommunications development, it is important that
EXCUSECOUNCILMEMBERROBERTQUINTANA such contracts be carefully scrutinized and the work be
FROMCOUNCILMEETING scrupulously monitored to ensure full compliance;
Whereas: Councilmember Quintana will be out of town due Now, therefore be it resolved:
to a speaking engagement; and That the Corporation Counsel file a report detailing the
Now, Therefore, Be It Resolved That: status of the contractual relationship between the City of
That Councilmember Robert Quintana be excused from the Buffalo and MFS, including copies of any contracts, permits
October 28, 1997 Common Council meeting. and any other available documentation.
ADOPTED REFERRED TO THE SPECIAL COMMITTEE ON
TELECOMMUNICATIONS AND CORPORATION
NO.178 COUNSEL.
By: Messrs. Pitts & Zuchlewski
PROGRESSREPORT- NO.181
BOARDOFEDUCATIONLAWSUIT By: Mr. Pitts
Whereas: Several months ago, the New York State Court STATUSOFTCI-ADELPHIAJOINTVENTURE
of Appeals ruled that the Buffalo Board of Education must pay Whereas: Tele-Communications Inc. and Adelphia
city teachers back pay for the period from 1990 to 1994, a Communications Corp. have announced plans to establish a
liability which various estimates have placed at somewhere partnership which will create a system serving 465,000 cable
between $60 million to $200 million; and TV subscribers; and
Whereas: In March of 1997, the Law Department filed an Whereas: This new system would encompass most of
opinion stating that the City of Buffalo has no legal obligation to Western New York as well as parts of Pennsylvania and Ohio,
satisfy the judgment of the Court, and that the case was including the present TCI Buffalo franchise; and
decided against the Board of Education and not the City of Whereas: The deal, which will reportedly involve having the
Buffalo. The Buffalo Board of Education and the City of system managed by Adelphia with TCI holding a minority
Buffalo are considered separate legal entities under New York interest, would be subject to approval by the City before if could
State Law; and take effect; and
Whereas: An unresolved component of the settlement is Whereas: Although TCI and Adelphia made their intentions
the actual payment of the obligation to the teachers; and public on June 6, 1997, the City of Buffalo has yet to receive
Whereas: Neither the general public nor this Council have any type of substantive information about this transfer and the
been informed on the status of this matter for some time; impact it will have on cable TV subscribers; and
Now, Therefore, Be It Resolved: Whereas: In order to properly evaluate this proposed
That the Buffalo Board of Education and the Buffalo transfer, the City needs full and complete information on the
Teachers' Federation file reports with this Common Council arrangements, which it has requested on a number of
providing a comprehensive update on the progress being made occasions; and
to bring this matter to closure; and Whereas: Since many aspects of this arrangement will
Be It Further Resolved: likely be very complex and highly technical, it is imperative that
That these reports be filed with the City Clerk's Office by the information be provided immediately;
2:00 p.m. Thursday, November 6, 1997. Now, therefore be it resolved:
REFERRED TO THE COMMITTEE ON EDUCATION, That this Common Council requests that TCI and Adelphia
BOARD OF EDUCATION, BUFFALO TEACHERS' file a status report regarding their joint venture, and including all
FEDERATION, CORPORATION COUNSEL., AND relevant documentation; and
COMMISSIONER ADMINISTRATION AND FINANCE Be it further resolved:
.
That the City Clerk forward certified copies of this resolution
to TCl, Adelphia, and the New York State Public Service
NO.179
Commission.
By: MESSRS. Pitts AND COPPOLA
REFERRED SPECIAL COMMITTEE ON TELE-
SALEOFSOUTHFERNBACHSITE
COMMUNICATIONS, TCI AND ADELPHIA CABLE INC.
Whereas: This Council has publicly pressed the County of
Erie to locate the proposed new Erie County Court facility in the
NO.182
downtown core; and
By: Messrs. Pitts, Franczyk and Mrs. LoTempio
Whereas: The South Fernbach site is an especially
OPPOSEDISCONTINUANCEOFPEDIATRICSERVICEAT
advantageous site because it is close to current court facilities
EASTSIDEHEALTHCENTER
while keeping court employees near downtown's commercial
Whereas: There are reports that the Erie County Health
core; and
Department plans to discontinue Pediatric Service at the East
Whereas: This site was designated for the new facility,
Side Health Center, also known as the Dr. Matt Gajewski
avoiding a potential clash with the Catholic Diocese of Buffalo,
Health Center; and
while staving off a skewed development pattern for downtown;
Whereas: This Pediatric Service currently provides
and
immunizations, Working Paper physicals, lead screening, and
Whereas: Although this site has been the preferred site for
other services free of charge to over I 00 patients per week,
several months, the city and county have failed to complete a
including many high-risk patients with multiple medical and
transfer of this property so construction can begin; and
social problems; and
Whereas: Eighth Judicial District Administrative Judge
Whereas: A sudden transfer of care would almost certainly
Vincent E. Doyle, who is overseeing the process for the
have an adverse effect on the already high infant mortality, teen
Judiciary, is prepared to urge the invocation of sanctions if
pregnancy, and other medical and social problems in this
substantial progress is not seen by the end of October;
distressed neighborhood;
Now, Therefore, Be It Resolved That:
Now, Therefore, Be It Resolved That:
This Common Council requests the City Administration to
This Common Council opposes the discontinuance of the
negotiate quickly, diligently and in good faith to transfer the
Pediatric Service at the East Side Health Center; and
South Fernbach site to the County of Erie for the construction
Be It Further Resolved That:
of Court Capital Facilities; and
This Council requests the Commissioner of the Erie County take place, and the current level of demolition and construction
Department of Health along with representatives of the East activity in the city threatens to further exacerbate rodent
Side Health Center to attend the next meeting of the Common problems; and
Council's Committee on Legislation on Wednesday, November Whereas: Contrary to popular belief, rats are not best
5th at 2:00 PM to discuss proposed changes for the East Side controlled by poisoning them, but by cutting off their access to
Health Center. food, shelter and water; and
REFERRED TO THE COMMITTEE ON LEGISLATION, Whereas: This means that controlling rats requires
ERIE COUNTY HEALTH DEPARTMENT, EAST SIDE coordinated efforts from both neighborhood residents and from
HEALTH CENTER, ERIE COUNTY MEDICAL CENTER, authorities; and
AND ERIE COUNTY LEGISLATURE. Whereas: Buffalo and Erie County have current rodent
control staffing levels that are inadequate to mount an effective
NO.183 campaign against rats; and
BY: MESSRS. PITTS AND BROWN Whereas: The traditional division of labor, whereby the city
RECONSIDERATIONOFHOMESTEADPROGRAM has responsibility for rodent problems on city owned properties
FOR6GIRARDPLACE and the County Health Department has responsibility for private
WHEREAS: The Department of Neighborhoods, properties, is breaking down in the face of inadequate staffing,
Housing & Inspections has surveyed the City-owned lot a 6 insufficient coordination and growing rodent populations; and
Girard Place, the parcel is 30' x 1651 in dimension; and it has Whereas: Developing and adequately funding clear roles in
been determined that this parcel of land is inappropriate for rodent control would be an efficient use of tax money and
either construction of a new housing or the construction of should be expected of local government; and
public recreation facilities; and Whereas: Other cities such as Baltimore, Boston and New
WHEREAS: Mr. and Mrs. Chestee A. Keaton, owners York have mounted aggressive and highly publicized
of the adjoining properties at 956 Humboldt Parkway and 10 campaigns against rodent problems and Buffalo and Erie
Girard Place indicate that they will clean, improve and maintain County should design our own campaign informed by the
the lot in the event that they obtain title to the property under the lessons learned in these cities;
Urban Homestead Program; and Now, Therefore, Be It Resolved That:
WHEREAS: In 1996, the Department of This Council requests the Department of Street Sanitation
Neighborhoods sent letters to all other adjacent property and the County Health Department to develop and file with this
owners, offering the property and giving them ample time to Council a joint regional strategy for an effective campaign
express interest in obtaining 6 Girard Place under the Urban against rats; and
Homestead Program for which they received no response; and Be It Further Resolved That:
WHEREAS: The Department of Neighborhoods, The Department of Community Development be requested
Housing & Inspections therefore recommended that the City-to file a report on procedures and practices followed for
owned lot be designated as a Homestead Property and be eliminating rodent problems before demolition and construction
transferred to Mr. & Mrs. Chestee A. Keaton on the condition projects move forward; and
that the property be cleared, maintained and improved within 6 Be It Finally Resolved That:
months and was referred to the Committee on Community The City Clerk be directed to send certified copies of this
Development; and resolution to the Commissioners of Street Sanitation and
WHEREAS: On January 21,1997 the Committee on Community Development, to the County Executive, to the
Community Development received and filed the item. Commissioner of the County Health Department, to the City
NOW, THEREFORE BE IT RESOLVED: Grants Office, to the Buffalo Pest Management Board and to
That this Common Council request the reconsideration of the Board of Block Clubs of Buffalo and Erie County.
transfer of title of 6 Girard Place to Mr. & Mrs. Chestee A. Mrs. LoTempio moved:
Keaton under the Urban Homestead Program. That the last resolve of the said item be adopted, and
REFERRED TO THE COMMITTEE ON COMMUNITY That the remaining items of said item be referred to the
DEVELOPMENT Committee on Legislation, Commissioner of Streets,
Commissioner of ommunity Development, Erie County Health
C
NO.184
Department and New York State Health Department.
By: Mr. Quintana
ADOPTED.
WAIVEFEESFORLAFAYETTEHIGHSCHOOL
MOTORCADE
NO.186
Whereas: For the past sixteen years, Lafayette High
By: Ms. Williams
School has included a motorcade in its homecoming
SOUTHELLICOTTURBANRENEWALPLANAMENDMENT
celebration; and
-BLOCKS4,10AND15
Whereas: This motorcade traditionally runs from Lafayette
WHEREAS, the South Ellicott Urban Renewal Plan,
High School to the homecoming game; and
was approved June 13, 1972, C.C.P. No. 108 and has been
Whereas: This year's motorcade will follow the tradition,
amended to accommodate changing economic conditions.
traveling from Lafayette High School at 370 Lafayette Avenue
WHEREAS, this amendment will allow for a change in
to the game at All-High Stadium at 50 Mercer Street on
land use on the southern portion of block 4 bordered by Spring
Saturday, November 8, 1997 at 1:00 p.m.; and
St., Myrtle St., and Hamburg St. from residential to
Whereas: The motorcade will consist of approximately
commercial/light industrial development.
fifteen cars, a bus, and the Lafayette High School Band; and
WHEREAS, this amendment also allows for the
Whereas: Lafayette High School officials were recently
acquisition of land on Block 4, Parcels 16 - 19; Block 10,
informed that a fee of $50.00 has been imposed by this
Parcel 10; and Block 15, Parcels 1 - 6.
Honorable Body to cover administrative costs for events like
WHEREAS, the City Planning Board gave its
theirs;
unqualified approval to the plan amendment at its October 7,
Now, Therefore, Be It Resolved:
1997 meeting and submitted their report as a prerequisite to
That this $50.00 fee be waived for Lafayette High School's
Common Council action.
November 8 motorcade; and
NOW, THEREFORE, BE IT RESOLVED that the Common
Be It Further Resolved:
Council of the City of Buffalo hold a public hearing, on
That certified copies of this resolution be forwarded by the
November 12, 1997 and subsequently approve this amendment
City Clerk to Captain Martin J. Jurewicz of the Buffalo Police
to the South Ellicott Urban Renewal Plan.
Department's Traffic Bureau, and to Mr. Dominick Liggio of
RECEIVED AND FILED
Lafayette High School.
PASSED
NO.187
AYES-12 NOES-0
By: Mr. Zuchlewski
FELICITATIONS/INMEMORIAM
NO.185
Attached hereto are Felicitation and In Memoriam Resolutions
By: Ms. Miller-Williams
sponsored by Members of the Common Council as indicated:
CALLFORANEFFECTIVEREGIONALCAMPAIGN
Felicitation for Alabama G.C. Club
AGAINSTRATS
By Councilmember Gray
Whereas: Rats carry disease, detract from the quality of
Felicitation for. Mrs. Mattie L. Green Day
life of a neighborhood, and are generally seen as a symptom of
By Councilmember Gray
a decaying area; and
Felicitation for Libbett's Family Reunion
Whereas: Buffalo's Animal Control Officer has estimated
By Councilmember Pitts
that Buffalo's rat population has tripled in recent years; and
ADOPTED.
Whereas: Rats scurry for new habitat when demolitions
NO.188
By: Mr. Zuchlewski
APPOINTMENTS
COMMISSIONEROFDEEDS
REQUIRED-PERFORMANCEOFPUBLICDUTIES
That the following persons are hereby appointed as
Commissioner of Deeds for the term ending December
31,1998 , conditional upon the person so appointed certifying,
under oath, to their qualifications and filing same with the City
Clerk:
William H. Robinson
ADOPTED
NO.189
By: Mr. Zuchlewski
APPOINTMENTS
COMMISSIONEROFDEEDS
That the following persons are hereby appointed as
Commissioner of Deeds for the term ending December
31,1998 , conditional upon the person so appointed certifying
under oath to their qualifications and filing same with the City
Clerk:
Sharon A. Lanza
Richard J. Sherry
Joanne Houston -
Katherine A. Riedy
ADOPTED
NO.190
ANNOUNCEMENTOFCOMMITTEEMEETINGS
The following meetings are scheduled. All meetings are
held in the Council Chambers. 13th floor. City Hall, Buffalo,
New York, unless otherwise noted.
Regular Committees
Civil Service - Wednesday, November 5, 1997,9:30 A.M.
Finance - Wednesday, Nov. 5, 1997- following Civil Service.
Legislation -Wednesday, November 5, 1997 at 2:00 P.M.
Community Dev.-Thursday, November 6, 1997, 10:00 A.M.
Education-Thursday, Nov. 6, 1997, 2:00 P.M., Room 1417.
NO.191
ADJOURNMENT
On a motion by Mrs. LoTempio, Seconded by Ms.
Kavanaugh the Council adjourned at 4:40 p.m.
CHARLES L. MICHAUX, III
CITY CLERK
BOARDOFPOLICEANDFIREPENSIONPROCEEDINGS
#9MAYOR'SOFFICE-201CITYHALL
OCTOBER30,1997
Present: James W. Pitts, Council President; Anthony M.
Masiello, Mayor; Joel A. Giambra, Comptroller-3
Absent: None
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 October 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-3. Noes-0.
NO.2
1 transmit herewith the Pension Payroll for the Police Pension
Fund for the month of October 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-3. Noes-0.
NO.3
Mr. Pitts made a motion to take the item from the table
concerning Mr. Arthur Sullivan, a member of the State Fire
Pension Fund, concerning discrepancies in the Blue
Cross/Blue Shield deductions and asked to table the item to the
November 20,1997 meeting and ask for responses from Ms.
Eva Hassett, Commissioner of Administration and Finance as
well as Mr. Richard Pawarski, City Auditor.
Adopted.
NO.4
On motion by Mr. Pitts, the City of Buffalo Police and Fire
Pension Board Meeting adjourned at 11:10 a.m.