HomeMy WebLinkAbout97-1209
No.23
COMMON COUNCIL
PROCEEDINGS
OF THE
CITY OF BUFFALO
DECEMBER 9, 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,DECEMBER9,1997 Buffalo. He has a life long interest in the Library, beginning at
AT2:00P.M. sixteen when he was employed as a stackboy at the
Kensington Branch, his first job.
PRESENT - James W. Pitts President of the Council, Stephen R. Lamantia 109 Larchmont Road Buffalo,
and and Council Members Brown, Coppola, Czajka, N.Y. 14214. Stephen Lamantia graduated from Canisius
Franczyk, Gray, Helfer, Kavanaugh, Lockwood, College and University of Notre Dame Law School. Mr.
LoTempio, Pitts, Quintana, Williams and Zuchlewski - 13. Lamantia is Principal Law Clerk to Appellate Division Justice
John J.. Callahan. He is a member of many civic and
ABSENT - None. professional associations, such as the Erie County Bar
Association, Justinian Legal Society, Notre Dame Alumni Club,
On a motion by Mrs. LoTempio, seconded by Mr. etc.
Czajka, the minutes of the stated meeting held on Bridget Humann 72 Lancaster Avenue Buffalo, N.Y.
November 25, 1997 and special session held on 14222. Bridget is currently a pre-kindergarten teacher at Trinity
December 4, 1997 were approved. Child Care. For 6 years she was active with Children's
Hospital and is a Board Member of the Art Gallery.
FROMTHEMAYOR I hereby certify that the above designees are fully
qualified to serve as a member of the Board of Trustees of the
NO.1 Buffalo and Erie County Library.
APPOINTMENTOFVINCENTJ.LOVALLO REFERRED TO THE COMMITTEE ON LEGISLATION.
DIRECTOROFOPERATIONS FROMTHEMAYOR-EXECUTIVEDEPARTMENT
Pursuant to the power vested in me under the FROMTHECITYPLANNINGBOARD
provisions of Section 71 of the Charter of the City of Buffalo, I
hereby certify that I have appointed Vincent J. LoVallo residing NO.5
at 36 Standish Rd., Buffalo, N.Y. 14216, to the position of E.C.I.D.A.,REQUESTTOERECT
Director of Operations (Mayor's Office) in the Executive APOLESIGNAT127FILLMOREAVENUE
Department of the City of Buffalo, at a salary of $64,125.00, ITEMNO.62,C.C.P.11/25/97
effective December 2, 1997. The City Planning Board at its regular meeting held
I hereby certify that Mr. LoVallo is well qualified to Tuesday, December 2, 1997 considered the matter captioned
discharge the duties of Director of Operations in the Office of above pursuant to Section 387-19 of the Buffalo Code - the
the Mayor. review of pole signs.
This position, pursuant to Rule 5 of the rules for the The applicant seeks to place a non-illuminated pole sign
Classified Civil Service of the City of Buffalo, is in the Exempt which will have a sign face area of 60 square feet (10’ by 6’)
Class of the Executive Department. and an overall height of 20 feet.
RECEIVED AND FILED. The site is located in an Ml zone which permits such
signs. Under SEQR the proposed sign is considered a Type 2
NO.2 Action which does not require further environmental review.
APPOINTMENTOFMEMBERTOTHE The Planning Board voted to approve the proposed sign
BUFFALOBOARDOFETHICS with the condition that the proposed sign is located in an
Pursuant to the powers vested in me by Section 12-appropriately landscaped base.
19, Article 11, Chapter 12 of the Buffalo Code, I hereby appoint RECEIVED AND FILED.
James L. Magavern, Esq., residing at 55 Argyle Park, Buffalo,
New York 14222. Mr. Magavern's term will expire on NO.6
September 4, 2002. M.MCKENNA,REQUESTTOERECTABILLBOARDAT43
James L. Magavern is a practicing attorney, highly ROSEVILLE
regarded in all fields of law and business. STREET
I hereby certify that the above names individual is (ITEMNO.63,C.C.P.11/25/97)
fully qualified to serve as a member of the Buffalo Board of The City Planning Board at its regular meeting held
Ethics. Tuesday, December 2, 1997 considered the matter captioned
REFERRED TO THE COMMITTEE ON LEGISLATION. above pursuant to Section 387-19 of the Buffalo Code - the
review of billboard signs.
NO.3 The applicant seeks to place an illuminated billboard sign
RE-APPOINTMENTOFMEMBERTOTHE which will have a sign face measuring 14 feet by 48 feet and an
BUFFALOMUNICIPALHOUSINGAUTHORITY overall height of 25 feet.
Pursuant to the powers vested in me by Subdivision The site is located in an ml zone which permits such
2, Section 30 of the Public Housing Law, I hereby re-appoint signs. Under SEQR the proposed sign is considered an
Sherrill Colston, residing at 333 Parker Avenue, Buffalo, New Unlisted Action which may be studied through an
York 1 4214, as a member of the Buffalo Municipal Housing Uncoordinated Review.
Authority. Mr. Colston's term is effective immediately and will The Board was informed by the applicant that they would
expire October 19, 2002. be willing to erect two smaller billboards on a taller pole in an
1 hereby certify that Sherrill Colston is fully qualified effort to minimize the impact on existing residential structures.
to serve as a member of the Buffalo Municipal Housing Given this, the Planning Board voted to approve the
Authority. alternate sign suggested by the applicant which would consist
RECEIVED AND FILED. of two signs with sign faces measuring 12 feet by 25 feet and
an overall height of 37 feet. The Board also conditioned its
NO.4 approval on the regulations of the Buffalo Code relative to the
DESIGNATIONOFNOMINEESFORAPPOINTMENTTOplacement of non-accessory signs as stated in Section
THE 511104,c,(4), of the Buffalo Code.
BOARDOFTRUSTEESOFTHEBUFFALOANDERIERECEIVED AND FILED.
COUNTYLIBRARY
Pursuant to Section 6212 of the Unconsolidated NO.7
Laws, being Chapter 768, Section 2 of the Laws of 1953, CANADALIFEINSURANCECOMPANY
transmitted herewith are my designated nominees to the Board TOERECTAGROUNDSIGNAT1275
of Trustees of the Buffalo and Erie County Public Library. The DELAWAREAVENUE
County Executive, subject to confirmation by the County ITEMNO.64,C.C.P.11/25/97
Legislature, will appoint one nominee for a term expiring The City Planning Board at its regular meeting held
December 31, 2000. Said nominee is replacing Donna Lyons Tuesday, December 2, 1997 considered the matter captioned
whose term expires December 31, 1997. above pursuant to Section 387-19 of the Buffalo Code - the
James W. Burns 175 Admiral Road Buffalo, N.Y. review of pole signs.
14216 Mr. Bums is a dedicated public servant of the highest The applicant seeks to place a non-illuminated ground
order. He has served as Budget Director and Commissioner of sign with a face area of 44 square feet (5.5’ by 8’) and an
Administration and Finance for the City of Buffalo. He was overall height of 6 feet.
Special Assistant to Governor Mario Cuomo and Executive The site is located in an R5 zone which does not permit
Assistant to the Superintendent of Buffalo Schools. Presently, free standing signs, therefore, the applicant is seeking a
Mr. Bums serves as Confidential Aide to Mayor Masiello on a variance from the Zoning Board of Appeals for the sign.
part time basis. Under SEQR the proposed sign is considered a Type 2
Mr. Bums is a graduate of the University of Notre Action which does not require further environmental review.
Dame and pursued graduate studies at the University of The Planning Board voted to approve the proposed sign.
RECEIVED AND FILED. transferred and reappropriated from the Division of Budget and
Management, as set forth below:
NO.8 Dated: Buffalo, NY, November 10, 1997
GELINMACSTORAGE,REQUESTTOEXTENDPRIORRECEIVED AND FILED.
APPROVAL
(C.C.P93,2/9/96),FORUSEASANIMALFEEDNO.13
MANUFACTURE CERTIFICATEOFNECESSITY
20BUFFALORIVER INCREASEDAPPROPRIATION
ITEMNO.65,C.C.P.11/25/97 RESERVEFORCAPITALAPPROPRIATIONS
The City Planning Board at its regular meeting held DEPARTMENTOFHUMANSERVICES,PARKSAND
Tuesday, December 2, 1997 considered the matter captioned RECREATION
above pursuant to Section 511-67 of the Buffalo Code - the We, Anthony M. Masiello, Mayor and Joel A. Giambra,
Niagara River Special Coastal District, Comptroller, do hereby certify pursuant to Section 41 of the
The applicant seeks to extend the annual approval by Charter, that an increase in the sum of $48,000 in the
Your Honorable Body to allow for the continuation of their estimates for the fiscal year beginning July 1, 1997 is
manufacturing operation which involves the processing of necessary in Appropriation Allotments - Department of Human
bakery products into animal feed. It should be noted that the Services, Parks and Recreation - Exempt Items to meet a
prior approval was based on an agreement which was contingency which could not have been reasonably foreseen
predicated on the control of odors, hours of operations manual when the budget was adopted. The amount of increased
was then incorporated into the Negative Declaration pursuant to appropriation will be met from 100-890-050 - Reserve for
SEQR. Capital Appropriations not otherwise appropriated for any other
After discussion of the matter which included purpose. The detail of the requirements are set forth below:
assurances by the applicant that the conditions of the prior Dated: Buffalo, NY, November 19, 1997
approvals had been fully met, the Board voted to approve a RECEIVED AND FILED
permanent restricted use for the applicant, ongoing alterations
to the site and necessary repairs to the property which were NO.14
identified by City officials. CERTIFICATEOFNECESSITY
Shortly thereafter, the Board was informed that there was INCREASEDAPPROPRIATION
considerable opposition to the applicant's manufacturing RESERVEFORCAPITALAPPROPRIATIONS
operation. Given this, the Board voted to rescind its original DEPARTMENTOFFIRE-EXEMPTITEMS
approval and voted instead that the matter be tabled to afford We, Anthony M. Masiello, Mayor and Joel A. Giambra,
an opportunity for all interested parties to state their concerns. Comptroller, do hereby certify pursuant to Section 41 of the
REFERRED TO THE COMMITTEE ON LEGISLATION. Charter, that an increase in the sum of $80,000 in the
estimates for the fiscal year beginning July 1, 1996 is
FROMTHEPRESERVATIONBOARD necessary in Appropriation Allotments - Department of Fire -
Exempt Items, to meet a contingency which could not have
NO.9 been reasonably foreseen when the budget was adopted. The
L.L.INTRO#10(1997) amount of increased appropriation will be met from 100-890-
HISTORICPROPERTYTAX 050 - Reserve for Capital Appropriations not otherwise
EXEMPTION" appropriated for any other purpose. The detail of the
ITEMNO.119,C.C.P.11/25/97 requirements are set forth below:
The Buffalo Preservation Board unanimously supports the Dated: Buffalo, NY, November 25, 1997
adoption of a local law which would enable local governments RECEIVED AND FILED.
to offer significant tax abatements for rehabilitated historic
properties. NO.15
In conclusion, the Board wholeheartly supports this local law LEASEBETWEENTHECITYOFBUFFALOANDTHE
that would allow newly available historic preservation tax credits RESTORATION
to be used on properties in the City of Buffalo. SOCIETY,INC.FORUSEOF12-14ELMWOODAVENUE
REFERRED TO THE COMMITTEE ON FINANCE. The City of Buffalo acquired the above captioned
property June 27, 1996 for a new firehouse and headquarters.
FROMTHECOMPTROLLER Upon taking title to this property, the 2nd floor (compromising
of an estimated 5,000 square feet of usable space) was being
NO.10 leased by the former owner to the Restoration Society, Inc.
CERTIFICATEOFNECESSITY The City assumed this lease, upon taking title to said
TRANSFEROFFUNDS property. This lease expires on November 30,1997. After
FRINGEBENEFITS-POLICEANDFIRERETIREMENTspeaking with the Commissioner of Fire, it has been revealed
SYSTEM that there is no money set aside in the budget to renovate the
DIVISIONOFREALESTATE second floor, which is to be utilized for the new fire
We, Anthony M. Masiello, Mayor and Joel A. Giambra, headquarters. Commissioner Keane had indicated that in all
Comptroller, do hereby certify, pursuant to Section 42 of the likelihood the Fire Department would not be utilizing this space
Charter, that it is necessary that the SUM of $9,575 be until the Spring of 1999. Therefore, this office is requesting
transferred and reappropriated from Fringe Benefits - Police permission to renew the attached lease for a one year period
and Fire Retirement System, as set forth below: under the same terms and conditions with the following
Dated: Buffalo, NY, November 14, 1997 considerations:
RECEIVED AND FILED. 1. The tenant will be responsible for the cost of
the garbage user fee.
NO.11 2. That a 30 day cancellation clause by
CERTIFICATEOFNECESSITY either party be included in the lease. This will allow the City to
TRANSFEROFFUNDS cancel this lease in the event that the Fire Department
RESERVEFORCAPITALIMPROVEMENTS determines that they need the space.
DIVISIONOFBUILDINGS 3. The current lease indicates that each year
We, Anthony M. Masiello, Mayor and Joel A. Giambra, the lease shall increase by $2,500. Their annual rent is
Comptroller, do hereby certify, pursuant to Section 42 of the currently $41,250.36 with an additional $2,500 will make their
Charter, that it is necessary that the sum of $8,760 be annual rental $43,750.36 for a monthly lease payment
transferred and reappropriated from the Reserve for Capital $3,645.87.
Improvements, as set forth below: 4. The Restoration Society, Inc. shall
Dated: Buffalo, NY, November 25, 1997 assume the cost of minor repairs and maintenance. The City
RECEIVED AND FILED. of Buffalo, Department of Public Works shall assume the cost
of the major repairs and maintenance.
NO.12 5. The Restoration Society shall provide
CERTIFICATEOFNECESSITY insurance holding the City harmless from any liability, as set
TRANSFEROFFUNDS forth per Item #1 97, C.C.P. 3/31/97 - Insurance Requirements
DIVISIONOFBUDGETANDMANAGEMENT for lease of city-owned properties.
DIVISIONOFENGINEERING I am recommending Your Honorable Body to
We, Anthony M. Masiello, Mayor and Joel A. Giambra, approve the above lease for a monthly rental fee of Three
Comptroller, do hereby certify, pursuant to Section 42 of the Thousand Six Hundred Forty-Five and Eighty-Seven Cents
Charter, that it is necessary that the sum of $50,000 be ($3,645.87), to commence on December 1, 1997 and expire on
November 30, 1998. I am further requesting that Your
Honorable Body authorize the Corporation Counsel to prepare NO.18
the necessary documents for said lease and the Mayor be RE-APPOINTMENTS-MEMBERS-BUFFALO
authorized to execute the same. PRESERVATIONBOARD
REFERRED TO THE COMMITTEE ON -FINANCE AND I am reappointing Mr. Dennis Masters residing at 127 Crosby
CORPORATION COUNCIL. Boulevard, Amherst, New York 14226 and Susan McCartney of
65 Ketchum Place, Buffalo, New York 14213 to the
NO.16 Preservation Board. Mr. Masters and Ms. McCartney's tenure
DETERMINEDEBTSOWEDBYAPPOINTEES expired 8/31/97.
#127C.C.P.NOV25,1997 Mr. Masters and Ms. McCartney have demonstrated excellent
The Common Council has requested comments and/or awareness of preservation and development needs of the City.
recommendations from this office concerning the item before Each are consummately able to serve.
you which would require review prior to confirmation of all The present tenure for Mr. Masters and Ms. McCartney will
candidates for appointment to boards, agencies. commissions, expire 8/31/99.
etc., for any delinquent debts owed to the City of Buffalo. RECEIVED AND FILED.
I support and agree with the policy proposed. This is another
example of how the City can utilize routine transactions as an NO.19
opportunity to screen those parties we do business with, and REQUESTWAIVER-PERMITFEE-973ELLICOTT,ETC.
effect collection by requiring a clear record. We have had I would like to request that the following correspondence
successful collection through our existing procedures to review concerning Ellicott Houses be filed for the next Common
of claimants, real property purchasers, and others. Council Meeting.
This policy can be implemented by the establishment of a The CAO's inventory of homeless housing units obtained
communication procedure between the Common Council and through grants from the New York State Homeless Housing
the Division of Collections. and Assistance Corporation include the following premises in
I would recommend the following: When an item of nomination Buffalo:
is brought before the Common Council, presumably sent to (1) 973-975 Ellicott Street - Duplex
Committee, the Council Staff will automatically send a form (2) 1047-1049 Ellicott Street - Duplex
letter to the Director of Collections, Room 511 City Hall, (3) 1255 Michigan Avenue-- Single
requesting that the individual be reviewed for any delinquent (4) 224-226 Northampton- Duplex
accounts owed. The name and address of the individual must (5) 150-154 Maple Avenue- Quadraplex
be provided. Research of debts owed will include taxes, water, (6) 271 Riley Street- Single
user fee, parking fines, municipal violation fines, demolition (7) 215 Riley Street- Single
costs, and accounts receivable invoices. (8) 205 Lafayette- Double
A written reply, either stating that no debts were found or (9) 69 Butler Avenue- Double
itemizing all debts, will be returned to Council, c/o Council Staff (10) 427 Wohlers Avenue- Double
or the Committee Chairperson, as you prefer. Once the (11) 495 Winslow Avenue- Double
Council has been given the information, the appointee should The CAO has determined that a twenty-four (24)
be notified that appointment is contingent on satisfying the hour monitored security system would be in the best interest of
debts found, and instructed to contact the Collections Division the tenants residing in these units. The cost of monitoring and
regarding payment. A time limitation on how long they have to services will be $29.95 per month per unit for an initial period of
make contact would be advisable so that action on five (5) years. Given this expense, CAO is requesting that the
appointments is not unduly delayed. The Council should define electrical permit fee required for the installation of the security
when obligations will be deemed 'satisfied' -- upon payment in systems in these units be waived.
full only? or upon the execution of promissory notes where Mrs. LoTempio moved:
deemed reasonable and appropriate by the Collections That the above communication from Lester G.
Director? Sconiers, Attorney at Law dated November 21, 1997, be
Once a candidate has complied, Collections will send an received and filed; and
updated letter or 'clearance' to the Council Committee. That the electrical permit fee required for the
Upon approval of this item, please contact Bridget Carpino, installation of security systems for the CAO inventory of
Director of Collections, to detail and implement procedures. homeless housing units as listed in the above communication,
REFERRED TO THE COMMITTEE ON LEGISLATION. be waived.
PASSED.
NO.17 AYES-13. NOES-0.
RESPONSETOREQUESTPILOTPROGRAMINELLICOTT
DISTRICTSIGNSONABANDONEDBUILDINGSTOFROMTHECOMMISSIONEROFPUBLICWORKS
INCLUDENOTIFICATIONOFPENALTIESFOR
TRESPASSERSAND/ORABUSERS NO.20
ITEMNO.135,C.C.P.11/25/97 NOTIFICATIONSERIAL#8964
The above referenced item was referred to the NOSTANDINGSCHOOLDAYS-REPEALONROTHER
Comptroller's Office, Administration and Finance and AVENUE,CASTSIDEFROMSTANISLAUSSTREETTOA
Community Development for a response. POINT515'NORTHTHEREFROM
The Division of Real Estate has the jurisdiction of NO. STANDING REPEAL
selling, leasing and maintaining the former schools, firehouses, In conformitv with Section 49 of Chapter 479 of the Ordinances
precincts and other buildings that were acquired and/or used of the City of Buffalo, the City Engineer hereby notifies Your
for a municipal purpose (otherwise known as capital assets). Honorable Body of this action supplementing, amending, or
All of the city-owned houses and commercial buildings repealing existing provisions of Chapter 479 of the Ordinances.
acquired by the city through a tax foreclosure are under the as stated below, to be effective forty five days after the first
jurisdiction of the Department of Community Development, Council meeting at which they appear on the agenda as an item
Division of In-Rem. business.
The above referenced item refers to posting signs on That that part of Subdivision 22 Section 15 of Chapter 479 of
abandoned buildings. The signs would notify trespassers Ordinances of the City of Buffalo be supplemented by repealing
and/or abuser's of abandoned buildings, including non-city therefrom the following: NO STANDING
owned buildings of the penalties involved. The Division of Real PROHIBITED PORTION OF HIGHWAY PROHIBITED
Estate does not have power or jurisdiction to post signs on PERIOD
privately owned property. The Comptroller's Office, Division of Rother Avenue, east side 8:00 a.m. - 4:00 p.m.
Real Estate will go through our inventory of buildings and from Stanislaus Street School Days
determine what former schools, precincts and/or firehouses are to a point 515' north therefrom
within the Ellicott District. However, the Division of Real Estate This action is being taken at the request of the District
does not have monies in their budget to purchase signs or have Councilmember (See next serial)
signs made.
If signs are provided to the Comptroller's Office, NOTIFICATIONSERIAL#8965
Division of Real Estate, this office will post the abandoned NOSTANDINGSCHOOLDAYS-INSTALLONROTHER
former schools, firehouses and precincts within the Ellicott AVENUE,EASTSIDEFROMAPOINT355'NORTHOF
District. STANISLAUSSTREETTOAPOINT515'NORTH
REFERRED TO THE COMMITTEE ON LEGISLATION. THEREFROM
NO STANDING-INSTALL
FROMTHEPRESIDENTOFTHECOUNCIL In conformity with Section 49 of Chapter 479 of the Ordinances
of the City of Buffalo, the City Engineer hereby notifies Your between Broadway Monday, Tuesday, Wednesday
Honorable Body of this action supplementing, amending, or and Cherry Street
repealing existing provisions of Chapter 479 of the Ordinances, This action is being taken as a result of converting Spruce
as stated below, to be effective forty five days after the first Street between Genesee and Sycamore Streets to two-way
Council meeting at which they appear on the agenda as an item traffic. (See Serial No. 8966 and the next serial)
business.
That that part of Subdivision 22 Section 15 of Chapter 479 of NOTIFICATIONSERIAL#8969
Ordinances of the City of Buffalo be supplemented by adding INSTALLALTERNATEPARKING-TYPEISPRUCE
thereto the following: NO STANDING STREETBETWEENBROADWAYANDCHERRYSTREET
PROHIBITED PORTION OF HIGHWAY PROHIBITED NO PARKING (ALTERNATE - TYPE I) - INSTALL
PERIOD In conformity with Section 49 of Chapter 479 of the Ordinances
Rother Avenue, east side 8:00 a.m. - 4:00 p.m. of the City of Buffalo, the City Engineer hereby notifies Your
from a point 355' north of School Days Honorable Body of this action supplementing, amending, or
Stanislaus Street repealing existing provisions of Chapter 479 of the Ordinances,
to a point 515' north therefrom as stated below, to be effective forty five days after the first
This action is being taken to provide a safe area for school Council meeting at which they appear on the agenda as an item
buses at the request of St. Adalberts School. business.
That that part of Subdivision 24 Section 15 of Chapter 479 of
NOTIFICATIONSERIAL#8966 Ordinances of the City of Buffalo be supplemented by adding
REPEALONE-WAYDIRECTION thereto the following: NO PARKING
ONSPRUCESTREET PROHIBITED PORTION OF HIGHWAY PROHIBITED
FROMSYCAMORESTREET PERIOD
TOGENESEESTREET Spruce Street, east side 4:00 p.m. Wednesday
ONE-WAY STREET DIRECTION - REPEAL between Broadway to
In conformity with Section 49 of Chapter 479 of the Ordinances and Cherry Street 4:00 p.m. Sunday
of the City of Buffalo, the City Engineer hereby notifies Your Spruce Street, west side 4:00 p.m. Sunday
Honorable Body of this action supplementing, amending, or between Broadway to
repealing existing provisions of Chapter 479 of the Ordinances, and Cherry Street 4:00 p.m. Wednesday
as stated below, to be effective forty five days after the first This action is being taken as a result of converting Spruce
Council meeting at which they appear on the agenda as an item Street between Genesee and Sycamore Streets to two-way
business. traffic.
That that part of Subdivision 22 Section 15 of Chapter 479 of (See Serial No. 8966 and the previous serial)
Ordinances of the City of Buffalo be supplemented by repealing
therefrom the following: ONE-WAY STREET DIRECTION NOTIFICATIONSERIAL#8970
NAME OF STREET DIRECTION OF TRAFFIC REPEALALTERNATEPARKING-TYPEI
MOVEMENT CHOATEAVENUEBETWEEN
Spruce Street Northbound ABBOTTROADANDMERCYSTREET
from Sycamore Street NO PARKING (ALTERNATE - TYPE 1) - REPEAL
to Genesee Street In conformity with Section 49 of Chapter 479 of the Ordinances
This action is being taken at the request of Carton-Craft of the City of Buffalo, the City Engineer hereby notifies Your
Corporation. A survey was conducted of all property owners on Honorable Body of this action supplementing, amending, or
Spruce Street between Broadway and Cherry Streets informing repealing existing provisions of Chapter 479 of the Ordinances,
them of this planned change. No objections were received by as stated below, to be effective forty five days after the first
this office. Council meeting at which they appear on the agenda as an item
This department has no objection to the change and finds no business.
major impact on traffic to the surrounding area. (See next 3 That that part of Subdivision 24 Section 15 of Chapter 479 of
serials) Ordinances of the City of Buffalo be supplemented by repealing
therefrom the following: NO PARKING
NOTIFICATIONSERIAL#8967 PROHIBITED PORTION OF HIGHWAY PROHIBITED
INSTALLSTOPSIGNSINSPRUCESTREETAT PERIOD
SYCAMORESTREET Choate Avenue, north side 4:00 p.m. Wednesday
STOP SIGNS - INSTALL to
In conformity with Section 49 of Chapter 479 of the Ordinances from Abbott Road to 4:00 p.m. Sunday
of the City of Buffalo, the City Engineer hereby notifies Your Mercy Street
Honorable Body of this action supplementing, amending, or Choate Avenue, south side 4:00 p.m. Sunday
repealing existing provisions of Chapter 479 of the Ordinances, to
as stated below, to be effective forty five days after the first from Abbott Road to 4:00 p.m. Wednesday
Council meeting at which they appear on the agenda as an item Mercy Street
business. This action is being taken at the request of Trocaire College,
That that part of Subdivision 911 of Chapter 479 of Ordinances Sisters of Mercy Hospital and the District Councilmember. The
of the City of Buffalo be supplemented by adding thereto the Division of Parking Enforcement is in concurrence with these
following: STOP SIGNS changes. (See next 3 serials)
VEHICLES ON SHALL STOP BEFORE ENTERING
Spruce Street Sycamore Street NOTIFICATIONSERIAL#8971
This action is necessary due to the change of Spruce Street REPEALNOPARKINGONCHOATEAVENUE,SOUTH
between Genesee and Sycamore Streets to two-way traffic. SIDEBETWEENAPOINTOPPOSITETHEEASTCURBOF
(See previous serial) MERCYSTREETANDAPOINT40'WESTTHEREFROM
NO PARKING - REPEAL
NOTIFICATIONSERIAL#8968 In conformity with Section 49 of Chapter 479 of the Ordinances
REPEALALTERNATEPARKING-TYPEIISPRUCEof the City of Buffalo, the City Engineer hereby notifies Your
STREETBETWEENBROADWAYANDCHERRYSTREET Honorable Body of this action supplementing, amending, or
NO PARKING (ALTERNATE - TYPE 11) - REPEAL repealing existing provisions of Chapter 479 of the Ordinances,
ID conformity with Section 49 of Chapter 479 of the as stated below, to be effective forty five days after the first
Ordinances of the City of Buffalo, the City Engineer hereby Council meeting at which they appear on the agenda as an item
notifies Your Honorable Body of this action supplementing, business.
amending, or repealing existing provisions of Chapter 479 of That that part of Subdivision 23 Section 15 of Chapter 479 of
the Ordinances, as stated below, to be effective forty five days Ordinances of the City of Buffalo be supplemented by repealing
after the first Council meeting at which they appear on the therefrom the following: NO PARKING
agenda as an item business. PROH. PORTION OF HIGHWAY PROHIBITED PERIOD
That that part of Subdivision 24 Section 15 of Chapter 479 of Choate Avenue, south side At all times
Ordinances of the City of Buffalo be supplemented by repealing between a point opposite the
therefrom the following: NO PARKING east curb of Mercy Street
PROHIBITED PORTION OF HIGHWAY PROHIBITED and a point 40' west therefrom
Spruce Street, east side 9:00 a.m. - 4:00 p.m. This action is being taken at the request of Trocaire College,
between Broadway Thursday, Friday Sisters of Mercy Hospital and the District Councilmember. The
and Cherry Street Division of Parking Enforcement is in concurrence with these
Spruce Street, west side 9:00 a.m. - 4:00 p.m. changes. (See previous serial and next 2 serials)
Martech Construction $114,788.00
NOTIFICATIONSERIAL#8972 Summit Construction $116,800.00
INSTALLNOPARKING The Peyton Barlow Co. $119,950.00
ONCHOATEAVENUE,NORTHSIDEBETWEENABBOTTAmherst Construction $121,600.00
ROADANDMERCYSTREET Kostas Construction $130,809.00
NO PARKING -INSTALL All State Development $135,620.00
In conformity with Section 49 of Chapter 479 of the Ordinances Grandview Construction $138,300.00
of the City of Buffalo, the City Engineer hereby notifies Your New Era Construction $150,500.00
Honorable Body of this action supplementing, amending, or C. H. Byron Co. $152,000.00
repealing existing provisions of Chapter 479 of the Ordinances, Plumbing
as stated below, to be effective forty five days after the first Elmwood Plumbing $20,250.00
Council meeting at which they appear on the agenda as an item Kimmins Construction $31,333.00
business. MKS Plumbing $32,123.00
That that part of Subdivision 23 Section 15 of Chapter 479 of H B Plumbing $37,505.00
Ordinances of the City of Buffalo be supplemented by adding Electrical
thereto the following: NO PARKING Warrens Electric $12,498.00
PROH. PORTION OF HIGHWAY PROHIBITED PERIOD Grand Island Electric $14,979.00
Choate Avenue, north side At all times Weydman Electric $17,629.00
between Abbott Road Tunney Electric $19,810.00
and Mercy Street HVAC
This action is being taken at the request of Trocaire College, Fred's Welding $13,652.00
Sisters of Mercy Hospital and the District Councilmember. The Elmwood Plumbing $15,572.00
Division of Parking Enforcement is in concurrence with these I hereby certify that the foregoing is a true and correct
changes. (See previous 2 serials and next serial) statement of all bids received and that the following are the
lowest responsible bidders in accordance with the plans and
NOTIFICATIONSERIAL#8973 specifications:
INSTALLNOPARKING General Construction: The Hadala Corp. in the amount of
ONCHOATEAVENUE,SOUTHSIDEFROMABBOTT$103,000.00.
ROADTOMERCYSTREET Plumbing: Elmwood Plumbing in the amount of $20,250.00.
NO PARKING -INSTALL Electrical: Warrens Electric in the amount of $12,798.00.
In conformity with Section 49 of Chapter 479 of the Ordinances HVAC: Fred's Welding in the amount of $13,652.00.
of the City of Buffalo, the City Engineer hereby notifies Your I recommend that Your Honorable Body authorize the
Honorable Body of this action supplementing, amending, or Commissioner of Public Works to order the work on the basis
repealing existing provisions of Chapter 479 of the Ordinances, of the low bid. Funds for this work will be available in CPF 201-
as stated below, to be effective forty five days after the first 402-007 - Division of Buildings.
Council meeting at which they appear on the agenda as an item Mrs. LoTempio moved:
business. That the above communication from the Commissioner
That that part of Subdivision 23 Section 15 of Chapter 479 of of Public Works dated December 2, 1997, be received and
Ordinances of the City of Buffalo be supplemented by adding filed; and
thereto the following: NO PARKING That the Commissioner of Public Works be, and he
PROH. PORTION OF HIGHWAY PROH. PERIOD - DAILY hereby is authorized to award contracts for Handicap
Choate Avenue, south side 1:30 a.m. to 7:00 a.m. Accessibility Renovations, to the lowest responsible bidders;
from Abbott Road (excluding existing No Genesee Community Center, for General Construction: The
Parking Anytime Hadala Corp., in the amount of $103,000.00; for Plumbing:
to Mercy Street and No Standing Anytime Elmwood Plumbing, in the amount of $20,250.00; for Electrical:
Zones) Warrens Electric in the amount of $12,798.00; for HVAC:
This action is being taken at the request of Trocaire College, Fred's Welding, in the amount of $13,652.00. Funds for this
Sisters of Mercy Hospital and the District Councilmember. The project are to be charged to CPF 201-402-007 - Division of
Division of Parking Enforcement is in concurrence with these Buildings.
changes. (See previous 3 serials) PASSED.
REFERRED TO THE COMMITTEE ON LEGISLATION. AYES-13. NOES-0.
NO.21 NO.24
AUDITEDFINANCIALSTATEMENT CHANGEORDERNO.1
BUFFALOWATERBOARD97&96 COLONELWARDPUMPSTATION
ITEMNO.7,C.C.P.11/12/97 WALLREHABILITATIONPROJECT#40G
The referenced item was referred to this department for CITYCONTRACTNO.91928000
comment. At their meeting of November 5, 1997, the Buffalo I hereby submit to your Honorable Body the following
Water Board received and accepted the findings of the Audit Change Order No. I with Wilsandra Construction Company,
Report prepared by Ernst & Young, LLP. Inc. for work relating to Colonel Ward Pump Station - Wall
RECEIVED AND FILED. Rehabilitation Project #40G, City Contract No. 91928000.
New Work Item No. I Removal of additional Asbestos
N0.22 Abatement work and PCB Testing. Increase: $ 2,988.00
CANOPYRIGHT-OF-WAY New Work Item No. 2 Additional removal and replacement of
1641BROADWAY south masonry wall of condensation room
ITEMNO.35,C.C.P.10/28/97 Increase: $ 24,915.00
Your Honorable Body has asked for additional information During demolition of the damaged wall, the adjacent
regarding the captioned item. Please be advised that the wall was found to have extensive interior damage that required
construction of the canopy must comply with the requirements complete reconstruction.
for the construction classification of the building as specified in The second lowest bidder on this project was
the New York State Uniform Fire Prevention and Building Paragon Northeast Corporation, Inc. at $211,700.00.
Code. Costs have been reviewed by the Department of
Two sets of construction plans and structural calculations Public Works and the Consulting Engineer and found to be fair
signed and sealed by an architect or engineer must be and equitable.
submitted to the City's Permit Office for a building permit. SUMMARY:
RECEIVED AND FILED. Original Amount of Contract $172,075.00
Change Order No. 1 - Increase 27,903.00
NO.23 FINAL CONTRACT AMOUNT $199,978.00
REPORTOFBIDS Funds in the amount of $27,903.00 are available in
HANDICAPACCESSIBILITYRENOVATIONS the Division of Water's 416-983-502-00-000 Capital Projects
GENESEECOMMUNITYCENTER Account.
1DOATSTREET I recommend the above change order and it is
I advertised for on November 14, 1997 and received the respectfully requested that your Honorable Body authorize the
following sealed proposals which were publicly opened and Commissioner of Public Works to issue a change order as set
read on December 2, 1997: forth above.
General Construction Mrs. LoTempio moved:
The Hadala Corporation $103,000.00 That the above communication from the Commissioner of
Public Works dated November 24, 1997, be received and filed; Reconstruction, 12 1/2 Floor Roof, City Hall C491929000.
and Funds for this project are to be credited to CPF 201-402-005
That the Commissioner of Public Works be, and he Division of Buildings.
hereby is authorized to issue change order No. 1, to Wilsandra PASSED.
Construction Company, Inc., an increase in the amount of AYES-13. NOES-0.
$27,903.00, as more fully described in the above
communication, for work relating to Colonel Ward Pump NO.27
Station - Wall Rehabilitation Project #40G, City Contract No. NOSTANDINGSCHOOLDAYS
91928000. Funds for this project are to be charged to Division SIGNSONROTHER
of Water's 416-983-502-00-000 Capital Projects Account. ITEMNO.177-,C.C.P.09/16/97
PASSED. This is in response to Item No. 177 of September 16, 1997.
AYES-13. NOES-0. This item requested the Department of Public Works to
investigate the possibility of removing or relocating the recently
NO.25 installed "No Standing School Days" signs.
CHANGEINCONTRACT Please be advised that the Traffic Engineering Division has
RECONSTRUCTIONOFPOLICEHEADQUARTERS reviewed this request. The aforeferenced signs were installed
1STAND4THFLOORAREA at the request of St. Adalberts School in order to safely
ELECTRICALCONTRACT accommodate the bus discharge/pickup of students.
I hereby submit to Your Honorable Body the following changes Continued observation of this area found, that while a "No
for the Reconstruction of Police Headquarters, 1st and 4th Standing School Days" area must be present on Rother, this
Floor Area, Electrical Contract, Grand Island Electric, C original area can be reduced in size. Given this fact, the
#91903100. necessary Notification Serial communications have been
1. Relocate existing conduit for HVAC equipment and prepared and submitted at this meeting for Your Honorable
install 1500 W electric fan force wall heater, surface Body's consideration.
mounted as requested by the Police Department. REFERRED TO THE COMMITTEE ON LEGISLATION.
Add $ 883.58
The foregoing change results in a net increase in the contract
of Eight Hundred Eighty Three and 58/100 Dollars ($883.58). NO.28
Summary: Original Amount of Contract $ 21,313.00 SHEA'SPERFORMINGARTSCENTER
Amount of Change No. 1 STAGEEXPANSIONPROJECT
(CCP 10/28/97; #29) 1,784.00 AMENDCOUNCILAPPROVAL
Amount of This Change (No. 2) Add 883.58 ITEMNO.25,CCP10/14/97
Revised Amount of Contract $ 23,980.58 In CCP 10/14/97; item #25, Your Honorable Body authorized
These changes could not be foreseen at the time contract was the Commissioner of Public Works to award sixteen (16)
let. Costs have been reviewed by the Consulting Architect, EI various construction contracts on the above referenced project
Team, Inc., and the Department of Public Works and found to contingent upon funding from the Shea's O'Connell
be fair and equitable. Funds for this work are available in CPF Preservation Guild and the State of New York. Anticipating
100-201-085-00-910 - Department of Police. Your Honorable Body's approval of the 1997/98 Capital Budget
I request that Your Honorable Body authorize the Amendment submitted in CCP 11 /25/97-, item #125 (currently
Commissioner of Public Works to issue a change order to the laid on the table) which is in place of, but to be reimbursed by
contractor as set forth above. State funds, it is respectfully requested that Your Honorable
Mrs. LoTemplo moved. Body amend the authorization granted in CCP 10/14/97; item
That the above communication from the #25 by omitting reference to the funding from New York State.
Commissioner of Public Works dated November 17, 1997, be Your immediate approval of this item is required so that letters
received and filed; and of award to contractors can be issued prior to December 19,
That the Commissioner of Public Works be, and he 1997 when the bids expire.
hereby is authorized to issue change order No. 2, to Grand Mrs. LoTempio moved:
Island Electrical, an increase in the amount of $883.58, as That the above communication from the Commissioner
more fully described in the above communication, for work of Public Works dated December 4, 1997, be received and
relating to Reconstruction of Police Headquarters, 1st and 4th filed; and
Floor Area C #91903 1 00. Funds for this project are to be That the authorization granted to the Commissioner of
charged to CPF 100-201-085-00-910 - Department of Police. Public Works pursuant to Item No. 25, C.C.P., Oct. 14, 1997
PASSED. for the Shea’s Performing Arts Center Stage Expansion Project
AYES-13. NOES-0. be amended to omit the reference to funding from New York
State.
NO.26 PASSED.
CHANGEINCONTRACTROOFRECONSTRUCTION AYES-13. NOES-0.
121/2FLOORROOF
NORTH&SOUTHENDSOFCITYHALL NO.29
I hereby submit to Your Honorable Body the following changes CERTIFICATEOFAPPOINTMENT
for the Roof Reconstruction, 12 1/2 FIoor Roof, North & South Appointment Effective November 27, 1997 in the Department
Ends of City Hall - Grove Roofing, C #91929000. of Public Works, Division of Buildings, to the Position of Senior
1. Reuse existing flashing in lieu of installing new First Class Stationary Engineer, Permanent, at the Maximum
flashing. Deduct $3,850.00 Starting Salary of $33,224
2. Repair 15th floor roof. Removal of protruding Edward M. Rafferty, 107 Mayer Avenue, Buffalo 14207
objects and patch. Add $ 883.90 REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
The foregoing change results in a net decrease in the contract
of Two Thousand Nine Hundred Sixty Six and 10/100 Dollars FROMTHECOMMISSIONEROFPOLICE
($2966.10).
Summary: Original Amount of Contract $ 50,900.00 NO.30
Amount of This Change (No. 1) Deduct 2,966.10 CHECKSRECEIVED
Revised Amount of Contract $ 47,933.90 ITEMNO.104,C.C.P.2/2/88
These changes could not be foreseen at the time contract was 8155-00106493 - C2-97-0067 - $ 6,063,60
let. Costs have been reviewed by the Department of Public 8155-00106501 - C2-97-0074 $684.60
Works and found to be fair and equitable. Funds for this work 8167-00082835 - CW-96-0025 - $ 4,561.90
are available in CPF 201-402-005 - Division of Buildings. TOTAL DEPOSIT S11,310.10
I request that Your Honorable Body authorize the The above referenced property has been administratively
Commissioner of Public Works to issue a change order to the forfeited by the Drug Enforcement Administration. (DEA). The
contractor as set forth above. checks were received by this Department and duly deposited in
Mrs. LoTempio moved: the Trust & Agency Account, #610-200-217-00-300.
That the above communication from the RECEIVED AND FILED.
Commissioner of Public Works dated November 26, 1997, be
received and filed; and NO.31
That the Commissioner of Public Works be. and he hereby is POLICEPROTECTION-CITYHALL
authorized to issue change order No. 1, to Grove Roofing, a In response to your inquiry "Can the Police Officers that are
decrease in the amount of $2,966. 1 0, as more fully described assigned to the Mayor's Office and Treasurer's Office patrol
in the above communication, for work relating to Roof the corridors of City Hall?". These two Officers have specific
duties in each of the respective offices that require for the most portion intended to be abandoned consists of 16.5 feet along
part their full-time attention to those tasks. One additional both sides of said Prospect Avenue situate along the frontage
problem would be if anything other than a "full-duty" Officer of the lands owned by all adjoining land owner s. Commencing
were assigned to these posts, the ability to assign them to at the southerly line of Maryland Street (as a 66.O foot right-of-
patrolling the building would be limited. way)through and including the northerly line of Carolina Street
That said, and with the understanding their current duties make (as a 66.0 foot right-of-way).
any type of set scheduling impossible, the Department could This abandonment is consistent with the present
have these Officers make periodic rounds of City Hall when the and historical use of said Prospect Avenue; including the
duties in their respective assignments allowed it. existing tax parcel maps currently utilized by the City of Buffalo
REFERRED TO THE COMMITTEE ON CIVIL SERVICE. Tax Assessor's Office and is further consistent with the
location of the existing housing along said Prospect Avenue.
FROMTHECOMMISSIONEROFCOMMUNITY This proposed abandonment is further consistent
DEVELOPMENT with the new housing program previously approved by this
Honorable Body, July 16, 1997 Item No. 168; 200 Block
NO.32 Prospect Avenue Lower West Side Redevelopment- Phase 1.
RESULTSOFNEGOTIATIONS In the interest of time and in the anticipation that your
864MAINSTREET,175NOFVIRGINIA Honorable Body desires to expedite this matter, I have taken
LOTSIZE:50'X131’ the liberty of preparing the appropriate Resolution approving the
PORTIONOF858MAINSTREET proposed abandonment of the existing Right-of- way for your
PAVEDPARKINGAREA25'X115’ attention and action.
The Department of Community Development, REFERRED TO THE COMMITTEE ON LEGISLATION,
Division of In-Rem Properties, has received a request to CITY PLANNING BOARD, AND CORPORATION
purchase the above property from Marian F. Lupu, M.D., 145 COUNSEL.
Lebrun Circle, Amherst, New York. Dr. Lupu intends to
acquirer renovate and use the property as offices and operate a NO.35
private clinic. TRANSFEROFTITLE,URBANHOMESTEADPROGRAM
The property consists of a three story 5,397 sq. ft. 69WESTAVE.(CITYOWNED-VACANTLOT,DIMENSIONS
brick Victorian style structure, situated on a parcel of land 50' x 40'X100')
131'. The request also includes a portion of 858 Main Street The Department of Neighborhoods, Housing &
which consists of a paved parking area 25' x 1151. The Inspections has surveyed the city-owned vacant lot at 69 West
property was acquired through tax foreclosure in 1994. There Avenue, the parcel is 40' x 100' in dimension; and it has been
have been no serious offers since that time. determined that this parcel is inappropriate for either the
The results of our negotiations with the purchaser are: construction of a new housing or the construction of a public
1. The purchaser has agreed and is prepared to pay Twenty recreation facility.
Seven Thousand Dollars ($27,000) for 864 Main Street and a Mr. Raul Hernandez, residing at 288 Virginia Street
25' x 115' portion of 858 Main Street parking area. indicated that he will clean, improve and maintain the lot in the
2. Purchaser has forwarded ten percent (10%) of the event that he obtains title to the property under the Urban
purchase price $2,700, which has been received by the City Homestead program.
and will be credited toward the purchase price. We, therefore, recommend that the city-owned vacant
3. Purchaser will correct all existing code violations after lot to be designated as a Homestead Property and be
taking title to the property. transferred to Mr. Raul Hernandez on the condition that the
4. Purchaser will accept a quite claim deed to the property. property is cleared and improved within (6) months and
5. Purchaser will pay all costs associated with recording of maintained in a sanitary manner.
the deed and transfer tax. REFERRED TO THE COMMITTEE ON COMMUNITY
6. The sale and transfer of title are contingent upon the DEVELOPMENT.
purchaser applying for and receiving mortgage financing in the
amount of not less than $160,000. NO.36
7. The purchaser will have first option to acquire the FRUITBELTHNEWHOUSINGPROGRAM
remaining parcel of land known as 858 Main Street, if and AMENDMENTOFLANDDISTRIBUTIONAGREEMENT
when the building is demolished by the City of Buffalo. JAMESMANAGEMENTCOMPANY,INC.
I am recommending that Your Honorable Body The City of Buffalo Urban Renewal Agency has previously duly
approve the sale of 864 Main Street and a portion of 858 Main designated James Management Company, Inc. as the qualified
Street to Marian F. Lupu in the amount of $27,000, upon the and eligible Redeveloper for the subject project.
above stated terms and conditions. I am further recommending Please be advised that in accordance with the
that the Corporation Counsel prepare the necessary provisions of Article 15 A of the New York State General
documents for Municipal Law of the State of New York, it is now necessary for
the sale/transfer of the property and that the Mayor be Your Honorable Body to set a date for a public hearing, and to
authorized to execute the same. direct the publication of the appropriate notice of said hearing.
REFERRED TO THE COMMITTEE ON FINANCE In the interest of time and in the anticipation that your
Honorable Body desires to expedite this matter, I have taken
NO.33 the liberty of preparing the appropriate Resolution together with
PERMISSIONTOHIRECONSULTANTANDRECEIVEBIDS the Notice of Public Hearing for your attention and action.
ALLENDALETHEATERPHASE2 Presented herewith are the Following documents:
The Department of Community Development has 1. Resolution setting Public Hearing
completed approximately 95% of the $1.2 million first phase of 2. Notice of Public Hearing
the Allendale Theater. A second phase is required to continue 3. Resolution Approving proposed
interior finishes, plumbing fixtures, lighting and other elements Amendment to Land Disposition Agreement
to come closer to actual operation. 4. Proposed Amendment to Land
I, therefore, respectfully request permission to hire a Disposition Agreement
consultant to prepare plans and specifications for the After the Public Hearing is held, your Honorable Body
Reconstruction of the Allendale Theater Phase 2. Permission may adopt a resolution approving and authorizing the
to receive bids for this project, which should be completed in disposition of the land, as amended to James Management
June of 1998, is also requested. Company, Inc. which the City of Buffalo Urban Renewal
Funds for this work will be available in a new Agency, has duly designated as being a qualified and eligible
Department of Public Works, Division of Buildings Capital Redeveloper.
Project Account which should hopefully be transferred to a REFERRED TO THE COMMITTEE ON COMMUNITY
Division of Development Account. DEVELOPMENT.
REFERRED TO THE COMMITTEE ON FINANCE.
FROMTHECOMMISSIONEROFADMINISTRATIONAND
NO.34 FINANCE
LOWERWESTSIDEREDEVELOPMENTPROJECT
200BLOCKOFPROSPECTAVENUE NO.37
ABANDONMENTOFAPORTIONOFEXISTINGRIGHT-OF-RENEWLEASESO.BFLO.COMM.DEV.ASSN.-PTN.
WAY SCH.29
This item is a request for the official abandonment of a NO.9C.C.P.NOVEMBER12,1997.
portion of the original 99 foot right-of-way (i.e. 2 rods - 33 feet) This is in response to your referral of the item
reserved for Prospect Avenue (formerly Ninth Street). The referenced above.
In accordance with the policy adopted by your NO.41
honorable body at the time the fee structure for the user fee "BUFFALOSOFTBALLLEAGUE-REQUESTFOR
was approved, the city pays the user fee on all city-owned WAIVER"
properties. The logic behind this policy is simply that there is ITEMNO.48,CCP11/25/97
no enforcement mechanism if a nonprofit organization My position on this issue is that the BSL fee should not be
occupying a city-owned facility fails to pay i.e., we cannot waived.
foreclose on the property since we already own it. At the time First of all, the fee that is charged only partially recovers the
the fee structure was approved, the Council decided that the City's costs of maintaining the baseball diamonds. As your
city would put itself on the same footing as every other landlord Honorable Body will recall, the Buffalo Financial Plan
in the city and assume responsibility for paying the user fee on Commission recommended in 1992 that the City recover its
its properties. In accordance with this decision, the budget costs through fees charged to users wherever possible so as to
office appropriated and expended the entire user fee for the avoid using property tax dollars--which are charged city-wide,
1996-97 fiscal year as well as for the 1997-98 fiscal year. regardless of whether the payor uses the service or not--to pay
It appears from the communication filed by the for all City services. I believe that this is clearly an area where
Department of Audit and control, Division of Real Estate that the City has, and should continue to, recover some of its costs.
there is some confusion over the distinction between "rent" and The approximately $25,000 fee, spread across all of the 5,000
the "user feel' -- a distinction quite frankly the budget division participants in the league is not exorbitant for a season's use of
would like to maintain. If it is the Council's desire to recover the the diamonds and parks facilities.
cost of the user fee in subsequent lease negotiations with With respect to the BSL's concern about its costs of legal
occupants of city-owned facilities, it is the recommendation of representation in lawsuits, my understanding from Acting
the department of Administration and Finance that you recover Corporation Counsel Risman is that the BSL and the City are
the cost under the rent structure. If this is done we will have an named insured on the liability insurance policy that is provided
enforcement mechanism for failure to pay rent i.e., eviction, nationwide to softball leagues, and in which the BSL
and, at the same time we will ensure that the Solid Waste participates, by the American Softball Association (ASA). As a
Enterprise Fund receives payment in a timely manner for the result, neither the BSL nor the City should have cost of legal
refuse and recycling services being provided to city-owned representation in these matters. In addition, as the insurance
properties. Any attempt to collect user fees from all the is bought by the ASA on a nationwide basis, it is a relatively
occupants of various city-owned facilities will create a billing inexpensive policy.
and accounts receivable nightmare for the staff of the Solid Again, my feeling is that the fee should not be waived. I am
Waste Enterprise that can only result in delays and revenue available to answer any questions you may have.
shortfalls. REFERRED TO THE COMMITTEE ON FINANCE
I trust this answers your inquiry and may I add that
my staff is always available to discuss this issue further. NO.42
REFERRED TO THE COMMITTEE ON FINANCE REQUESTPILOTPROGRAMINTHEELLICOTTDISTRIC"
ITEMNO.135,CCP11/25/97
NO.38 As far as the availability of funds for such a Pilot program is
INCR.APPROP.-BD.ED. concerned, at present there is no money appropriated to such a
NO.123,C.C.P.NOVEMBER25,1997. use; we are also anticipating in the very near future a PBA
This is in response to your referral of the item arbitration award that will, along with the then required reserve
referenced above. for a similar award in fire, use up any funds available from last
Budget Director Milroy addressed this item at the last year's fund balance and then some. Thus, it is fair to say that
Finance Committee meeting. Essentially, this increased there is not much, if anything, available as far as funding for
appropriation moves $2 million to the Board of Education; $1 such a program.
million of this amount is from an additional appropriation Nonetheless, should your Honorable Body decide to pursue the
provided by NYS Assembly Speaker Sheldon Silver, the other idea, I would need to have a ballpark estimate as to the level of
$1 million is from 1996-97's fund balance honoring the Mayor's funding required for the signs. Factors to be considered in
commitment to provide the Board of Education with additional developing this estimate would be: how many properties would
revenues if a surplus existed at the close of the 1996-97 fiscal be part of the Pilot program, the approximate size of the sign,
year. the material, labor time required to place them, etc. Should
I trust this answers your inquiry. such an estimate become available, and should the Mayor and
REFERRED TO THE COMMITTEE ON FINANCE your Honorable Body decide to pursue the idea, I would attempt
to locate funding.
NO.39 I trust this answers your question.
INCR.APPROP.-WATERBD. REFERRED TO THE COMMITTEE ON LEGISLATION.
NO.124,C.C.P.NOVEMBER25,1997.
This is in response to your referral of the item NO.43
referenced above. DETER.WHETHERDEBTSAREOWED
Budget Director Milroy addressed this item at the last BEFORECONFIRMINGAPPTS
Finance Committee meeting. This increased appropriation ITEMNO.127,CCP11/25/97
appropriates funds in various water Enterprise Fund accounts I have no problem with the review of appointees as suggested; I
for the purchase of utilities, gas, chemicals, etc. A provision in would hope that the process would not unduly delay
the contract with American Anglian allows the private operator appointments in general (where there is no problem), though.
to purchase off city contracts if the city price is better than the I trust this answers your question.
price otherwise available to the private firm. The source of the REFERRED TO THE COMMITTEE ON LEGISLATION.
funds is reimbursement from American Anglian.
I trust this answers your inquiry. FROMTHECOMMISSIONEROFGENERALSERVICES
REFERRED TO THE COMMITTEE ON FINANCE
NO.44
NO.40 DIFFERENCEINPAYFORMICHAELINELOMBARDO
REQUIREMENTSFORFILINGANDCONSEQUENCESOFMs. Lombardo, a Mail Clerk in the Department of General
FALSIFYINGDISCLOSURESTATEMENTS services, Division on Inventory & Stores, has been on
ITEMNO.,130,C.C.P.SEPTEMBER2,1997 Compensation since April 29, 1997. Pursuant to the City
This letter is in response to your request from the November Ordinance, Chapter 35, Article VI,Sec. 22,each employee is
18, 1997, Committee on Legislation meeting. Disclosure entitled to a difference in pay allowance under the provisions of
statements are intended for the purposes of ethics and the Workmen's Compensation Law.
determining conflicts of interest for people that are in positions Therefore, Ms. Lombardo is entitled to a difference in pay. The
of making policy decisions, These employees are generally in normal salary for 10 days - $ 952.79. Less deductions for NY
the exempt managerial classification and not covered by State $27.97; Federal $102.50 FICA - Med $72.89 and NY
collective bargaining agreements. Retirement $28.58 for a total of $231.94 for deductions. Less
We appreciate your ideas and thoughts for future contract payment for Compensation Carrier in the amount of $2,770.83
negotiations. We will discuss this idea thoroughly when for the period of 04/29/97 to 06/30/97 and in the amount of
deciding on the proposals to present in upcoming negotiations $5,480.09 for the period 07/01/97 11/02/97. Amount due to
that cover the bargaining unit employees. employee is $1,408.50 for 134 days.
If you have any questions, you can contact, Brian Stocker, at No other payments are needed; 6 months of payments will be
4270. completed with this payment.
REFERRED TO THE COMMITTEE ON LEGISLATION. Mrs. LoTempio moved:
That the above communication from the Commissioner of
General Services dated December 1, 1997, be received and Community Development, Division of In-Rem, to the position of
filed; and Laborer I, Seasonal, at the hourly rate of $6.22 per hour.
That the Comptroller be, and he hereby is authorized to pay Jeffrey Sacilowski, 49 Goodyear, Buffalo, New York 14216
Michaline Lombardo, a Mail Clerk in the Department of General Melissa Morris, 174 St. Lawrence Avenue, Buffalo, NY 14216
Services for difference in pay allowance under the provisions of DEPARTMENT OF HUMAN SERVICES, PARKS AND
the Workers' Compensation Law in the amount of $1,408.50 RECREATION
for 134 days. Appointment effective December 8, 1997 in the Department of
PASSED. Human Services, Parks and Recreation, Division of Recreation,
AYES-13. NOES-0. to the position of Special Services Instructor III, Seasonal, Non-
Competitive, at the flat starting salary of $16.38.
FROMTHEBOARDOFEDUCATION Joan Distrow, 171 Villa, Buffalo, New York 14216
NO.45 NO.50
INCREASEDAPPROPRIATION APPOINTMENTS-TEMPORARY,PROVISIONALOR
BOARDOFEDUCATION PERMANENT
#123NOVEMBER25,1997 I transmit herewith Appointments in the various departments
The Board of Education adopted a budget on made at the Minimum (Temporary, Provisional or Permanent)
September 10 , 1997 , due to the late State Budget. This was and for Appointments at the Maximum (as per contract
obviously past the date of the City Budget being passed and requirements).
changes in revenue have taken place since the City adoption. REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
The attached letters to the Mayor outline the changes DEPARTMENT OF PUBLIC WORKS
in the School District's revenue. The major changes are Appointment effective November 21, 1997 in the Department of
increased State Aid, Surplus for 1996-97 and increase from Public Works, Division of Buildings, to the position of Senior
the City and Speaker Silver. First Class Stationary Engineer, Temporary, at the flat starting
REFERRED TO THE COMMITTEE ON FINANCE. salary of $7.33 per hour.
James T. Conrad, 128 Harding Road, Buffalo, NY 14220
FROMTHECITYCLERK Appointment effective November 25, 1997 in the Department of
Public Works, Division of Buildings, to the position of Senior
NO.46 First Class Stationary Engineer, Temporary, at the flat starting
Liquor License Applications salary of $7.33 per hour.
Attached hereto are communications from persons applying for Andrew J. Moffett, 776 Abbott Road, Buffalo, NY 14220
liquor licenses from the Erie County Alcohol Beverage Control Appointment effective November 25, 1997 in the Department of
Board. Public Works, Division of Buildings, to the position of Second
Address Business Name Owner's Name Class Stationary Engineer, Temporary, at the flat starting salary
581 Delaware Ave. Mac's A. Laurita of $5.63 per hour.
69 Delaware Ave. JDLD, Inc. F. Ciccarelli Timothy J. Leary, 67 Dundee St., Buffalo, NY 14220
RECEIVED AND FILED. Patrick J. Lynch, 19 Britt Street, Buffalo, NY 14220
Albert M. Roberts, 8 Susan Lane, Buffalo, NY 14220
NO.47 DEPARTMENT OF POLICE
LEAVESOFABSENCEWITHOUTPAY Appointment effective November 20, 1997 in the Department of
I transmit herewith notifications received by me, reporting the Police, to the position of Cellblock Attendant, Contingent
granting of the leaves of absence Permanent, at the minimum starting salary of $23,622.
without pay, in the various departments as listed: Marc D. Priore, 796 Abbott Road-Upper, Buffalo, NY 14220
Police- Thomas McNaughton DEPARTMENT OF FIRE
Street Sanitation- Martin Furmanek Appointment effective December 1, 1997 in the Department of
RECEIVED AND FILED. Fire, Division of Communications-Alarm Office, to the position
of Assistant Fire Alarm Dispatcher, Permanent Promotion, at
NO.48 the flat starting salary of $47,073.
REPORTSOFATTENDANCE James Echeverris, 133 Cushing, Buffalo, NY 14220
I transmit herewith communications received by me, from the Nelson Riollano, 159 Whitney, Buffalo, NY 14201
various boards, commissions, DEPARTMENT OF COMMUNITY DEVELOPMENT
agencies and authorities reporting the membership attendance Appointment effective December 15, 1997 in the Department of
at their respective meetings: Community Development, Division of Inspections, Licenses &
City Planning Board Permits, to the position of Building Inspector, Temporary, at the
RECEIVED AND FILED. minimum starting salary of $34,654.
DEPARTMENT OF ADMINISTRATION AND FINANCE
NO.49 Appointment effective November 24, 1997 in the Department of
NOTICESOFAPPOINTMENTS-SEASONAL/FLAT Administration and Finance, Division of Treasury, to the
I transmit herewith certificates received by me, position of Administrative Assistant, Permanent, Promotion, at
reporting seasonal and flat salary appointments made in the minimum starting salary of $29,200.
various departments. Roger Parsons, 80 Crystal, Buffalo, NY 14220
RECEIVED AND FILED. Appointment effective December 1, 1997 in the Department of
DEPARTMENT OF ADMINISTRATION AND FINANCE Administration and Finance, Division of Parking Enforcement,
Appointment Effective November 24, 1997 in the Department to the position of Clerk, Temporary, at the minimum starting
of Administration and Finance, Division of Parking salary of $21, 917.
Enforcement to the Position of Laborer I, Seasonal, Non-Margaret M. Otto, 328 Southside Parkway, Buffalo, NY 14220
Competitive, at the: Flat Starting Salary of: $6.22 per hour. DEPARTMENT OF HUMAN SERVICES, PARKS AND
Alfred Jaycox Jr. 17 Barry Place, Buffalo 14213 RECREATION
Donald R. Palmer, 31 Philadelphia Street, Buffalo 14207 Appointment effective December 1, 1997 in the Department of
Appointment Effective 11/24/97 in the Department of Human Services, Parks and Recreation, Division of Recreation,
Administration & Finance, Division of Treasury, to the Position to the position of Supervising Lifeguard, at the flat starting
of Intern #V, Seasonal, Non-Competitive, at the Flat Starting salary of $5.98.
Salary of $8.00 per hour. Michael Karlinski, 349 Walden, Buffalo, NY 14211
Janet Chimera, 118 Rebecca Park, Buffalo NY 14207 NON-OFFICIALCOMMUNICATIONS,PETITIONSAND
Appointment Effective December 1, 1997 in the Department of REMONSTRANCES
Administration and Finance, Division of Parking Enforcement
to the Position of Laborer I, Seasonal, Non-Competitive, at the NON-OFFICIALCOMMUNICATIONS
Flat Starting Salary of: $6.22 per hour. NO.51
Daniel D. Tadusz, 1160 Hertel Avenue, Buffalo 14216 THEBUFFALOENTERPRISE
Paul B. Jackson, 155 Roosevelt Avenue, Buffalo 14215 DEVELOPMENTCORPORATION
Appointment effective November 24, 1997 in the Department of $1,322,500.00CDBGSECTION108LOAN-WILLIAM
Administration & Finance, Division of Civil Service, to the GAITERINCUBATORFACILITYALONGTHEWILLIAM
Position of Clerk, Seasonal, Non-Competitive, at the Starting GAITER(NEENORTHEASTBUFFALO)PARKWAY
Salary of: $ 5.20/HR. Permission is requested of your Honorable Body to utilize a
Jason Bailey, 74 Putnam Street, Buffalo, NY 14213 $1,322,500 CDBG Section 108 Loan for the following activity to
DEPARTMENT OF COMMUNITY DEVELOPMENT be undertaken by the Buffalo Enterprise Development
Appointment effective October 9, 1997 in the Department of Corporation (BEDC) and the Erie County Industrial
Development Agency (ECIDA). informed of our error, we started looking into the problem, by
1) $1,322,500.00 CDBG Section 108 Loan, at the talking with the permit office. We then ordered a permit at a
prevailing Section 108 interest rate, for a term of 20 years. cost of $1936.00. We were informed at that time that there was
2) The Project entails the construction of an a fine of an additional $1936.00. We were informed to stop
approximately 26,250 sq. ft. single-story, multi-tenant industrial work that we complied with. We questioned the fine, but
incubator facility to be constructed on approximately two (2) purchased a permit for $3872.00.
acres of vacant land along the new William Gaiter (nee Due to the misunderstanding and taking into consideration
Northeast Buffalo) Parkway. our previous record and the amount of permits Lachut &
Upon completion of this Project, it is anticipated that 35 full-Associates Inc. has purchased in the past we are asking for a
time jobs will be created. It is further anticipated that more than refund of the fine moneys.
51k will be held by low to moderate income persons. We at no time tried to defraud the City of Buffalo. Lachut &
The Project will be required to comply with Davis Bacon (i.e. Associates Inc. is a reputable contractor and has been for
prevailing wages) and Section 3 Legislation (e.g. local hiring many years.
requirements). Also, all tenants of the incubator will be If any further information is needed please feel free to
required to enter into a "First Source Agreement" as a condition contact me at our office at 681-1515.
of occupancy. REFERRED TO THE COMMITTEE ON FINANCE,
REFERRED TO THE COMMITTEE ON COMMUNITY CORPORATION COUNSEL, AND COMMISSIONER OF
DEVELOPMENT COMMUNITY DEVELOPMENT.
NO.52 NO.56
D.CZAJKA NORTHAMERICANHEALTHPLANSINC.
CONCERNS-ENVIRONMENTELKSTREET VIOLATIONOFNAMINGRIGHTSAGREEMENT-NORTH
Please file the attached inspection report which is relevant to AMERICAREPARKSCOREBOARD
an item that is currently before the Committee on Community
Development (No. 78, C.C.P. September 30, 1997 - "G. We have just learned that an electronic message center and
Phillips & 0 - Concerns - Environment- Elk Street). ad panels have been placed on our North AmeriCare Park sign
REFERRED TO THE COMMITTEE ON COMMUNITY at the rear of the scoreboard, in violation of our Naming Rights
DEVELOPMENT Agreement. It is our position that the entire back of the
scoreboard is to be used exclusively for a North ArneriCare
NO.53 sign and for no other purpose.
FORESTDISTRICTCIVICASSOCIATION The Agreement specifically provides in Article “Fourth",
CONCERNS-UPPERNIAGARALLC paragraph 2, that the back of the scoreboard is to be available
SUPERSPANPROPOSAL for a North ArneriCare sign. No size limitation is imposed on
The Forest District Civic Association is concerned over the the sign, and the Agreement does not provide that North
recent Buffalo News releases on the Upper Niagara LLC AmeriCare will share the back of the scoreboard with any other
Superspan proposal. advertiser or user.
Our concern is the possible loss of LaSalle Park to our We are requesting that you remove the electronic message
community. Through the years, elimination of playfields, and center and ad panels from the back of the scoreboard. We are
ball parks for the youth of the West Side have occurred leaving attaching a recent photograph of the back of the scoreboard
our youth with literally no outdoor recreation areas. We cannot which clearly shows the wrongful placement of the panels.
afford the loss of LaSalle Park to Superspan. . We need the Nevertheless, in the spirit of good faith, we will be pleased to
park to implement our summer and fall youth activities such as discuss with you the placement of other signs and/or
West Side Ponytail Softball, West Side Junior Baseball, West equipment which meet our approval as to content, size and
Side Little League Football, West Side Soccer and the location on the rear of the scoreboard. However, such
Centennial Pool. discussions will not waive our exclusive right to use all or part
The LaSalle Park Master Plan is ready to go and the four of the back of the scoreboard when and if we choose to do so.
lane twin bridge parallel to the existing bridge is close to being When responding, please note our new address and fax
ready to go, so let's implement those plans for the good of the number stated above, Also, Mr. Zelman is now located at
community. Saperston & Day, P.C., I 1 00 M&T Center, Three Fountain
REFERRED TO THE COUNCIL PRESIDENT. Plaza, Buffalo, New York 14203, fax (716) 856-0139.
REFERRED TO THE TASK FORCE ON
NO.54 STADIUM/AUDITORIUM, CORPORATION COUNSEL, CITY
JESSEKETCHUMMEMORIALFUND PLANNING BOARD AND NEW YORK STATE THRUWAY.
ANNUALREPORT
NO.57
The Board of Trustees of the Jesse Ketchum Memorial STATEOFNEWYORKDEPARTMENTOF
Fund herewith submits its Annual Report to you as required by TRANSPORTATION
the Deed of Trust that established this fund for the awarding of RECONSTRUCTIONONROUTE130,BUFFALOAND
prizes for excellent scholarship to the eighth grade graduates of TOWNOFCHEEKTOWAGA,ERIECOUNTY
the Buffalo Public Schools. The completed work on this contract was accepted by this
Principals of each elementary school having an eighth grade department on October 27, 1997.
class have submitted the names of those students who are The maintenance responsibilities for those features
members of the graduating class who have ranked highest in indicated on the attached contract plan sheet are hereby turned
scholarship in their group. over to your agency.
A gold flashed medal, certificate and a $1,000 check was RECEIVED AND FILED
presented to the student ranking highest in the entire city. A
silver flashed medal, certificate and a $500 check was NO.58
presented to the second highest student. Each school winner NEWYORKSTATEDEPARTMENTOFENVIRONMENTAL
received a bronze medal, a certificate and a $100 savings CONSERVATION
bond. Awards were presented at an Awards Ceremony held at REGISTRY-HAZ.WASTEDISPOSAL-910FUHRMANN
West Hertel School on Thursday Evening, October 16th at The Department of Environmental Conservation (DEC)
7:30 P.M. maintains a Registry of sites where hazardous waste disposal
For the 1997 school year, a total of forty-four schools has occurred. Property located at 910 Fuhrmann Boulevard in
awarded 57 medals and certificates. A list of the winners is the City of Buffalo and County of Erie and designated as Tax
enclosed for your records. Map Number 122,17-1-1 had its boundaries modified in the
Also, a copy of the financial report by the Treasurer, Ms. Registry. The name and site LD. number of this property as
Geraldine Sims, for the fiscal year ending December 31, 1997 listed in the Registry is Buffalo Outer Harbor, Site #91 5026.
is forth coming. We are sending this letter to you and others who own
RECEIVED AND FILED property near the site listed above, as well as the county and
town clerks. We are notifying you about these activities at this
NO.55 site because we believe it is important to keep you informed.
LACHUT&ASSOCIATESINC. If you currently are renting or leasing your property to
REQ.REFUND-BLDG.PERMITFINE someone else, please share this information with them. If you
Lachut & Associates Inc. is licensed in the City of Buffalo, to no longer own the property to which this letter was sent, please
do construction work and has been for many years. provide this information to the new owner and provide this
When bidding the recaulking work of the windows at f he office with the name and address of the new owner so that we
Buffalo Hilton, we considered this a maintenance issue. When can correct our records.
The reason for this recent boundary modification is as NO.62
follows: B.LOCKWOOD
The Radio Tower area of this site continues to present a LEASE-CITY&BUFFALOSOCIETY
significant threat with the high levels of nitrobenzene that fails OFNATURALSCIENCES
the Toxicity Characteristic Leaching Procedure (TCLP) Attached please find a draft of the proposed lease
Regulatory limit and remediation is required. The remainder of agreement between the City of Buffalo and the
the site has inconsistent failures of TCLP for lead and contains Buffalo Society of Natural Sciences.
surface lead levels of 500 to 1000 ppm. Considering the urban
background upper limit for lead in Buffalo is 1000 ppm, the REFERRED TO THE COMMITTEE ON FINANCE,
large component of municipal incinerator ash landfilled and the CORPORATION COUNSEL, COMPTROLLER, AND
sporadic nature of lead TCLP failures, these TCLP lead COMMISSIONER OF COMMUNITY DEVELOPMENT.
failures are indicative of inconsequential hazardous waste. The I
proposed action is to redefine this site as the Radio Tower area
alone and to segment the remainder of the property from the NO.63
site description. Any future site usage of the segmented CRANE-HOGANSTRUCTURALSYSTEMS,INC.
property must consider the nature of materials in appropriate AGREEMENTREPAIR/MAINTENANCE
site development VARIOUSCITYOWNEDRAMPS
If you would like additional information about this site or the (NO.88,C.C.P.,NOV.25,1997)
inactive hazardous waste site remedial program, call: (NO.89,C.C.P.,NOV.25,1997)
DEC's Inactive Hazardous Waste Site Toll-Free Information Attached please find the lease agreement between the city of
Number 1-800-342-9296 or New York State Health Buffalo and Crane Hogan Structural Systems, Inc. for various
Department's Health Liaison Program (HELP) 1-800-458-1158, city ramps.
ext. 402. Mrs. LoTempio moved:
REFERRED TO THE COMMITTEE ON COMMUNITY That the Agreement between the City of Buffalo and Crane-
DEVELOPMENT, CORPORATION COUNSEL, Hogan Structural Systems, Inc., wherein the City of Buffalo
ENVIRONMENTAL MANAGEMENT COMMISSION AND authorizes payment of the quantity overruns in the amount of
COMMISSIONER OF COMMUNITY DEVELOPMENT. $995,809.00 provided the Crane-Hogan Structural Systems,
Inc. agrees to waive the additional costs incurred and to
NO.59 forebear seeking payment for same from the City in the amount
J.PARLATO of $251,306.00 and additionally agrees to credit the City the
NEWSARTICLE-PARLATOREALESTATE sum of $31,000 against the quantity overruns, and to increase
Attached please find comments from J. Parlato regarding a the maintenance bond guarantee on the completed work by one
news article concerning his business, Parlato Real Estate. (1) year, at a cost to the Crane-Hogan Structural Systems, Inc.
REFERRED TO THE COMMITTEE ON FINANCE of $12,780.00, be and hereby is approved.
PASSED
NO.60 AYES-13 NOES-0
DAWNSTARR
SCHOOL#33ADMISSIONPOLICY NO.64
Attached please find a correspondence from Dawn Starr H.MAY/G.CHHABRA-ENGINEERS
asking for assistance in allowing her daughter to attend School ENGINEERINGSERVICES
#33. BUFFALOPARKINGGARAGES
REFERRED TO THE COMMITTEE ON EDUCATION AND (NO.88,C.C.P.,NOV.25,1997)
BOARD OF EDUCATION. (NO.89,C.C.P.,NOV.25,1997)
NO.61 It was nice talking an the telephone this morning. We are
L.DEJAC pleased to confirm the following:
COMPLAINT-PROGRAMSONTCI 1. Our total fee for the project is $432,000. We agree
On Saturday Dec. 6 approx. 9:00 p.m., my 7 yr. old son was that we will provide you all required services and our total fee
switching channels on the television. I was shocked by what I shall not exceed $392,000. giving you a savings of $40,000.
saw on public access, channel 18. There was a nude woman 2. We will also provide you additional services for the
lying on a bed or platform and dancing around. I could only design of sprinkler system for Marine Midland Ramp and we
imagine what I missed prior to this scene. Immediately I sent will not charge you any fee for the same. This will be a savings
my son to his room while I viewed the remainder of this show, of $11,500.
while I called T.C.I. Of course, by the time I got through to a 3. During the extended warranty period of three years,
representative that particular show was over and a new one had we will visit the site on a yearly basis to inspect the
started, which wasn't great either. This was a three part performance of Contractor work. In addition, we will also be
program with the last being the killings of the Holocaust. The available for one visit per year at the request of the city and we
representative from T.C.I. had the channel on by this time and will not charge you for any of these services. This will give you
agreed that this was inappropriate. She said there way nothing an approximate savings of $12,000 ($2,000 per visit/total 6
that they could do because it is public access television. She visits),
gave me a phone number to a company called B-Com, who We hope you will find the above satisfactory. If you have any
broadcasts these programs. While talking to a representative questions, please do not hesitate to call. Thanking you for your
from B-Com I became very angry with him and told him the cooperation.
material he was showing way disgusting. He informed me he Mrs. LoTempio moved:
had nothing to do with what was on and all he does is go to That the Director of the Board of Parking be and he hereby
work from 4-12 pm. and puts on what he is told and the is authorized to enter into an agreement with H. May/G.
material is not reviewed first. He was very, offended by the Chhabra Engineers to provide additional engineering services
show that was on at the time we were talking, which was the on Buffalo parking ramps as detailed in their letter dated
killings of the Holocaust because he is a Christian. He also December 8, 1997, and that the Acting Corporation Counsel be
said many people call him about to many church programs authorized to prepare such Agreement and file such agreement
being on also. The producer of this tape is Justin Peterson. with the Common Council.
The reason for this letter is to please ask for your help in ADOPTED
getting the Federal Govt. to regulate public access channels
and to have programming as the above mentioned banned from PETITIONS
our televisions. If programs like these want to be viewed than NO.65
people should have the choice to subscribe or rent through 501 Seneca Street, LLC, owner, petition to use 503 Seneca
other methods. If these are college students doing for a wall sign.
assignments like these for class and have to be viewed by REFERRED TO THE COMMITTEE ON LEGISLATION, THE
other students, than they should be able to get this from their CITY PLANNING BOARD AND THE COMMISSIONER OF
college libraries not from our televisions at prime time hours. COMMUNITY DEVELOPMENT
Your immediate attention on this matter would be greatly
appreciates thank you from a concerned parent. NO.66
REFERRED TO THE SPECIAL COMMITTEE ON James T. Sander, owner, petition to use 157 Exchange St.
TELECOMMUNICATIONS , BCTV, FEDERAL for a pole sign.
COMMUNICATIONS COMMISSION AND PUBLIC SERVICE REFERRED TO THE COMMITTEE ON LEGISLATION, THE
COMMISSION. CITY PLANNING BOARD AND THE COMMISSIONER OF
COMMUNITY DEVELOPMENT
APPOINTMENT
NO.67 That Communication 38, November 25, 1997, be received
Enrique Rodriquez, petitioner, petition to rezone 313 and filed and the Provisional appointment of Maria M.
Elmwood from R3 to C I for office space. Hernandez stated above at the Maximum salary $24,8129.00
REFERRED TO THE COMMITTEE ON LEGISLATION, THE effective on November 19, 1997 is hereby approved.
CITY PLANNING BOARD AND THE COMMISSIONER OF PASSED
COMMUNITY DEVELOPMENT. AYES - 13 NOES - 0
REGULARMEETINGS NO.76
CIVILSERVICE APPOINTMENT
(DAVIDJ.CZAJKA,CHAIRMAN) That Communication 40, November 25, 1997, be received
NO.68 and filed and the Permanent appointment of Gall Lis stated
RESIDENCYHRG.ADJOURNMENTS(CC) above at the Maximum salary $26,231.00 effective on
(ITEMNO.36,C.C.P.NOVEMBER12,1997) November 10, 1997 is hereby approved.
That the above mentioned item be and the same is hereby PASSED
received and filed. AYES - 13 NOES - 0
ADOPTED
NO.77
NO.69 APPOINTMENT
MIN.RECRUITMENTS(CSC)(CC) That Communication 41, November 25, 1997, be received
(ITEMNO.63,C.C.P.OCTOBER28,1997) and filed and the Promotional appointment of Ruth O'Leary
That the above mentioned item be and the same is hereby stated above at the Maximum salary $29,525.00 effective on
received and filed. November 18, 1997 is hereby approved.
ADOPTED PASSED
AYES - 13 NOES - 0
NO.70
AMEND1997-98SALARYORDINANCES NO.78
(ITEMNO.149,C.C.P.,SEPT.30,1997) NOTICESOFAPPT.-TERM/PROV/PERM.(CCLK)
That the Common Council requests the Department of (ITEMNO.47,C.C.P.NOVEMBER25,1997)
Public Works to file a Personnel Requisition with the Civil That the above mentioned item be and the same is hereby
Service Commission requesting the change in title of Guard I to received and filed.
"Security Guard." This position is to be created with the ADOPTED
specific duties of maintaining guard over City Hall and its
employees and property. Examples of the type of work that
should be included in the job description are as follows: FINANCE
Maintains guard over building and property; (DAVIDA.FRANCZYK,CHAIRMAN)
Protects employees and contractors; NO.79
Makes periodic rounds inside City Hall; ADVARCH.DEV.PURCH.FIRESTATION-JERSEY&
Maintains order during the presence of the public and PLYMOUTH
guards against vandalism; (ITEMNO.104,C.C.P.MAY27,1997)
Clears public from building after closing hours; That the above mentioned item be and the same is hereby
Checks all entrances, rest rooms, stairwells, etc.; received and filed.
Makes duty tour reports; ADOPTED
Investigates and reports unusual conditions or
disturbances; and NO.80
That the Department of Administration and Finance, Division PROPOSEPURCH.OFJERSY[PLYMOUTHFIRESTATION
of Budget and Control, file the appropriate salary ordinance (ITEMNO.55,C.C.P.JUNE24,1997)
amendment reflecting the changing of the title of Guard I to That the above mentioned item be and the same is hereby
"Security Guard" in the 40-2-031 function. received and filed.
ADOPTED. ADOPTED
NO.71 NO.81
CHANGETITLEGUARDTOSECURITYGUARD(PW) ADV.ARCH.DEV.-PURCH-FIRCHOUSE-JERSEY&
(ITEMNO.28,C.C.P.OCTOBER14,1997) PLYMOUTH(COMPT)
That the above mentioned item be and the same is hereby (ITEMNO.21,C.C.P.OCTOBER28,1997)
received and filed. That the above mentioned item be and the same is hereby
ADOPTED received and filed,
ADOPTED
NO.72
CHANGETITLEGUARDTOSECURITYGUARD(A&F) NO.82
(ITEMNO,63,C.C.P.OCTOBER14,1997) AUDITEDFINSTATE-NORTHAMERICAREPK.(COMPT)
That the above mentioned item be and the same is hereby (ITEMNO.10,C.C.P.JULY22,1997)
received and filed. That the above mentioned item be and the same is hereby
ADOPTED received and filed.
ADOPTED
NO.73
DIFFERENCEINSALARY-MICHALINELOMBARDO NO.83
(ITEMNO.62,C.C.P.,OCT.28,1997) S.BAMES-REQ.HRG.-REGARDING106WAKEFIELD
That the above item be, and the same hereby is returned to (ITEMNO.54,C.C.P.SEPTEMBER30,1997)
the Common Council without recommendation. That the above mentioned item be and the same is hereby
Mr. Czajka moved: received and filed.
That the above item be and the same hereby Is received and ADOPTED
filed.
ADOPTED. NO.84
RESCINDDEMOLITIONCOSTS-108WELKERAVENUE
NO.74 (ITEMNO.136,C.C.P.,SEPT.30,1997)
APPOINTMENT That the Common Council requests that the cost related to the
CH.PLUMBINGINSPECTOR-COMMUNITYdemolition of 108 Welker Avenue be levied against Jimmy J.
DEVELOPMENT Thomas and Ms. Helen Davis.
That Communication 32, November 25, 1997, be received PASSED
and filed and the Permanent appointment of Anthony Ando AYES 13 NOES 0
stated above at the Intermediate salary $39,845.00 effective on
November 19, 1997 is hereby approved. NO.85
PASSED THEBONTONSTORES,INC.ANDADAM,MELDRUM&
AYES - 13 NOES - 0 ANDERSONCO.CERTIORARIPROCEEDINGS1997-98
(ITEMNO.24,C.C.P.,OCT.28,1997)
NO.75 That the Acting Corporation Counsel be, and he hereby is
authorized and directed to settle the 1997-98 certiorari Common Council without recommendation.
proceeding on 377 Main Street and 369 Washington Street by Mr. Franczyk now moved that the above item be recommitted to
reducing the combined assessments from a total of $1,475,000 the Committee on Finance.
to a total of $400,000. ADOPTED
PASSED.
AYES 13 NOES 0 NO.92
NORTHBUFFALOCOMM.DEV.CORP.-REPORTOFAUDIT-
NO.86 N.BFLO.ICERINK
RENEWLEASE-S.BFLO.COMM.DEV.ASSOC.-(ITEMNO.55,C.C.P.NOVEMBER25,1997)
SCHOOL#29 That the above mentioned item be and the same is hereby
(ITEMNO.9,C.C.P.,NOV.12,1997) received and filed.
That the Comptroller be, and he hereby is authorized to renew ADOPTED
the lease between the City and the South Buffalo Community
Development Association, for the lease of various rooms at LEGISLATION
former School #29, Rooms 221, 222, 235, Storage Room #26, (ALFREDT.COPPOLA,CHAIRMAN)
Faculty Lunchroom and Gymnasium, for a five (5) year term NO93
commencing January 1, 1998 and to expire December 31, E.C.I.D.A.,PETITIONTOUSE127FILLMOREAVENUE-
2002, the annual rental fee to be charged is $1.00 (Only One POLESIGN(ITEMNO.62,C.C.P.,NOV.25,1997)
Dollar), payable in advance. Insurance is to be provided saving That the above item be, and the same hereby is, returned to the
the City harmless from any liability set forth per Item No. 197, Common Council without recommendation.
C.C.P., 3/31/87. Authorized the Corporation Counsel to Mr. Coppola moved that the above item be recommitted to the
prepare the necessary documents to renew said lease and that Committee on Legislation.
the Mayor be authorized to execute the same. ADOPTED.
Passed.
AYES 13 NOES 0 NO94
MICHAEL&BARBARAMCKENNAPETITIONTOUSE43
NO.87 ROSEVILLE-POLESIGN
CHANGEINCONTRACT-RECONSTRUCTIONOF(ITEMNO.63,C.C.P.,NOV.25,1997)
VARIOUSRAMPS(CC) That the above item be, and the same hereby is, returned to the
(ITEMNO.22,C.C.P.,NOV.25,1997) Common Council without recommendation.
That the above item be, and the same hereby is returned to the Mr. Coppola moved: That after a public hearing
Common Council without recommendation. before the Committee on Legislation on December 2, 1997, the
Mr. Franczyk Moved That the above item be, and the same petition of Michael and Barbara McKenna, owner, for
hereby is received and filed. permission to use 43 Roseville for a pole sign be, and hereby is
ADOPTED approved with conditions as determined by the City Planning
Board.
NO.88 PASSED.
CHANGEINCONTRACT-RECONSTRUCTIONOFAYES - BROWN, COPPOLA, CZAJKA, FRANCZYK, GRAY,
VARIOUSRAMPS(CC) HELFER, KAVANAUGH, LOCKWOOD, LOTEMPIO, ,
(ITEMNO.37,C.C.P.,NOV.12,1997) QUINTANA, WILLIAMS, ZUCHLEWSKI 12 NOES - PITTS
(ITEMNO.87,C.C.P.,NOV.25,1997) 1
That the above item be, and the same hereby is
returned to the Common Council without recommendation. NO95
Mr. Franczyk moved That the above item be, and the same CANADALIFEINSURANCECO.,-PETITIONTOUSE1275
hereby is received and filed. DELAWARE-POLESIGN
ADOPTED (ITEMNO.64,C.C.P.,NOV.25,1997)
That the above item be, and the same hereby is, returned to the
NO.89 Common Council without recommendation.
CHANGEINCONTRACT-RECONSTRUCTIONOFMr. Coppola moved That after a public hearing before the
VARIOUSRAMPS(ITEMNO.7,C.C.P.,OCT.14,1997)Committee on Legislation on December 2, 1997, the petition of
(ITEMNO.92,C.C.P.,NOV.12,1997)(ITEMNO.88,C.C.P.,Canada Life Insurance Co., owner, for permission to use 1275
NOV.25,1997) Delaware Avenue for a pole sign be, and hereby is approved
That the above item be, and the same hereby is returned to the subject to Zoning Board of Appeals approval.
Common Council without recommendation. PASSED.
Mr. Franczyk moved: That the Director of the Board AYES - 13 NOES - 0
of Parking be, and he hereby is authorized to issue change
order No. 1, to Crane Hogan Structural Systems Inc., an NO.96
increase in the amount of $995,809, as more fully described in A.M.FADDELL-PETITIONTOUSE317-319E.DELAVAN-
the above communication, for work relating to the STORE
Reconstruction of Various Parking Ramps, Contract No. (ITEMNO.67,C.C.P.,NOV.25,1997)
91895300. Funds for this project are to be charged to bond That after a public hearing before the Committee on Legislation
account 415-410-006. on December 2, 1997, the petition of Abdull Majeed Faddell,
PASSED. owner, for permission to use 317-319 E. Delavan Avenue for a
AYES - BROWN, COPPOLA, CZAJKA, FRANCZYK, GRAY, store be, and hereby is denied.
HELFER, KAVANAUGH, LOCKWOOD, LOTEMPIO, PITTS, ADOPTED
QUINTANA, WILLIAMS 12 NOES - ZUCHLEWSKI 1
NO.97
NO.90 KLEEGIOULEKAS-PETITIONTOUSE244GENESEE
INCREASEDAPPROPRIATION-BOARDOFPARKINGSTREET-DROPINCENTER(ITEMNO.82,C.C.P.,OCT.
(ITEMNO.162,C.C.P.,OCT.14,1997)(ITEMNO.93,28,1997)
C.C.P.,NOV.12,1997)(ITEMNO.89,C.C.P.,NOV.25,1997) That the above item be, and the same hereby is, returned to the
That the above item be, and the same hereby is returned to the Common Council without recommendation.
Common Council without recommendation. Mr. Coppola moved that the above item be recommitted to the
Mr. Franczyk moved: That the Comptroller be, and Committee on Legislation.
he hereby is authorized and directed to transfer the sum of ADOPTED.
$766,427 from Enterprise Fund - Board of Parking 890-030 -
Reserve for Maintenance to meet this increased appropriation NO.98
as set forth in the above communications K.GIOULEKAS-USEPERMIT-244GENESEE
PASSED. (ITEMNO.51,C.C.P.NOVEMBER25,1997)
AYES - BROWN, COPPOLA, CZAJKA, FRANCZYK, GRAY, That the above mentioned item be and the same is hereby
HELFER, KAVANAUGH, LOCKWOOD, LOTEMPIO, PITTS, received and filed.
QUINTANA, WILLIAMS 12 NOES ZUCHLEWSKI 1 ADOPTED
NO.91 NO.99
USE$2,000,000CITYBONDMONEYFORDEMOLITION F.FABOZZI-MINUTESMTG.-GATINGISSUE
(ITEMNO.24,C.C.P.,NOV.25,1997) (ITEMNO.89,C.C.P.JUNE24,1997)
That the above item be, and the same hereby is returned to the That the above mentioned item be and the same is hereby
received and filed. SALARYORDINANCEAMENDMENT
ADOPTED 06-DEPARTMENTOFADMINISTRATION&FINANCE
2-DIVISIONOFADMINISTRATIVEADJUDICATION
NO100 001ADMINISTRATIVEADJUDICATION
F.FABOZZI-MINUTESMTG-RE:GATINGISSUES(CD) The Common Council of the City of Buffalo does ordain as
(ITEMNO.66,C.C.P.JULY8,1997) follows:
That the above mentioned item be and the same is hereby That part of Section I of Chapter 35 of the Ordinances of the
received and filed. City of Buffalo, relating to 06 - Department of Administration
ADOPTED and Finance, 2 - Division of Administrative Adjudication 001
Administrative Adjudication is hereby amended with the
NO.101 addition:
DELILIC,ORD,(COMPT) TEMPORARY SERVICES AS REQUIRED:
(ITEMNO.19,C.C.P.OCTOBER28,1997) Laborer I (hourly) $6.22
That the above mentioned item be and the same is hereby IT IS HEREBY CERTIFIED, pursuant to Section 34 of the
received and filed. Charter, that the immediate passage of the foregoing ordinance
ADOPTED is necessary.
WE, EVA M. HASSETT, Commissioner of
NO102 Administration and Finance and JAMES B. MILROY,
GRANT/FERRYBUS,ETC.-STREETLIGHTSDirector of the Budget, hereby certify that the above change
GRANT/FERRYBUSDISTR. is necessary for the proper conduct, administration and
(ITEMNO.108,C.C.P.MAY27,997) performance of essential services of that department. We
That the above mentioned item be and the same is hereby recommend that the compensation for said position be fixed at
received and filed. the respective amount set forth in the foregoing ordinance.
ADOPTED That a personnel requisition incident to the creation of the
above-mentioned position, containing a statement of the duties
NO.103 for such position, has been filed with the Municipal Civil
GRANT/FERRYBUSINESS/BLDG.OWNERSASSN.-Service Commission, and said Commission has approved and
STREETLIGHTING(PW) certified the position title set forth in the foregoing ordinance as
(ITEMNO.32,C.C.P.OCTOBER28,1997) being the appropriate Civil Service title for the proposed
That the above mentioned item be and the same is hereby position.
received and filed. APPROVED AS TO FORM
ADOPTED Michael B. Risman
Corporation Counsel
NO.104 PASSED
RESPONSE-BFLO.PL.REQ.HRG.REVOCATION-AYES - 13 NOES - 0
OUTDOORPERFORMERLIC(POL.)
(ITEMNO.25,C.C.P.NOVEMBER12,1997) NO.109
That the above mentioned item be and the same is hereby By Mr. Czajka
received and filed. SALARYORDINANCEAMENDMENT
ADOPTED 40-DEPARTMENTOFPUBLICWORKS
2-DIVISIONOFBUILDINGS
NO.105 The Common Council of the City of Buffalo does ordain as
SNOWPLAN1997-1998 follows:
(ITEMNO.48,C.C.P.NOVEMBER12,1997) That part of Section 1 of Chapter 35 of the Code of the City
That the above mentioned item be and the same is hereby of Buffalo, relating to 40 - Department of Public Works 2 -
received and filed. Division of Buildings
ADOPTED -021 Administrative Services is amended by deleting:
1 Account Clerk Typist $22,883 $25,495
NO.106 And adding:
PROPOSEDNFTABUSSHELTERWITHINCITYRIGHT- 1 Senior Inventory Clerk $25,617 $29,030
OF-WAY2140ELMWOODAVENUE and further, -031 Operations & Maintenance is amended by
(ITEMNO.16,C.C.P.,NOV.25,1997) deleting:
That the Commissioner of Public Works be, and he hereby is 1 Laborer 1 $19,980 - $22,689
authorized to issue a “mere” license" to Mr. Christopher J. And adding:
Cronin, Traffic Data Administrator of the Niagara Frontier 1 Laborer I ( Holly Gasiuk Only) $19,980 - $22,689
Transportation Authority to install a bus shelter within City right- IT IS HEREBY CERTIFIED, pursuant to Section 34 of the
of-way at 2140 Elmwood Avenue near Hinman Street with the Charter, that the immediate passage of the foregoing ordinance
following conditions: is necessary.
I . That the applicant obtain any and all other City of Buffalo WE, JOSEPH N. GIAMBRA, Commissioner of Public
permits necessary for said installation. Works and JAMES B. MILROY, Director of the Budget,
2. That the bus shelter be installed exactly as shown on plans hereby certify that the above changes are necessary for the
submitted to and approved by the Department of Public Works, proper conduct, administration and performance of essential
Division of Engineering. services of that department. We recommend that the
3. That the applicant be responsible for maintaining the bus compensation for said positions be fixed at the respective
shelter as long as it remains within City right-of-way. amounts set forth in the foregoing ordinance.
4. That the applicant supply the City of Buffalo with a five That a personnel requisition incident to the creation of the
thousand dollar ($5,000.00) construction in street bond or above-mentioned position, containing a statement of the duties
certificate of insurance which will indemnify and save harmless for such position, has been filed with the Municipal Civil
the City of Buffalo against any and all loss and damage arising Service Commission, and said Commission has approved and
out of the construction, maintenance, use and removal of said certified the position title set forth in the foregoing ordinance as
bus shelter. being the appropriate Civil Service title for the proposed
Mr. Coppola moved that the above item be recommitted to the positions.
Committee on Legislation. APPROVED AS TO FORM
ADOPTED. PASSED
AYES - 13 NOES - 0
COMMUNITYDEVELOPMENT
(DALEZUCHLEWSKI,CHAIRMAN) NO.110
NO.107 By: Mr. Franczyk:
FINALDRAFT-HSG.STRATEGY-1997-98BONDRESOLUTION
CONSOLIDATEDPLAN(CD) $1,400,000BONDS
(ITEMNO.46,C.C.P.SEPTEMBER16,1997) CITYWIDEPLAYGROUNDRENOVATIONS
That the above mentioned item be and the same is hereby ACCOUNT200-717
received and filed. Bond Resolution of the City of Buffalo, New York, authorizing
ADOPTED the issuance of $1,400,000 General Improvement Bonds of
RESOLUTIONS said City to finance the cost of various improvements to City
NO.108 Playgrounds, at the estimated maximum cost of $1,400,000.
By: Mr. Czajka 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, is hereby authorized and directed to County of Erie, New York (herein called "City"), is hereby
issue General Improvement Bonds of said City in the principal authorized and directed to issue General Improvement Bonds
amount of One Million Four Hundred Thousand Dollars of said City in the principal amount of One Hundred Thousand
($1,400,000) pursuant to the provisions of the Charter of said Dollars ($100,000), 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 various improvements to City Playgrounds. to finance the cost of improvements to Niagara Square,
The estimated total cost of said class of objects or purposes including replacement of brick pavers with a concrete plaza.
for which the bonds authorized by this resolution are to be The estimated maximum cost of said specific object or purpose
issued, including preliminary costs and costs incidental thereto for which the bonds authorized by this resolution are to be
and the financing thereof, is $1,400,000 as set forth in the duly issued, including preliminary costs and costs incidental thereto
adopted Capital Improvements Budget of said City for fiscal and the financing thereof, is $100,000, as set forth in the duly
year 1997-98, as amended. adopted Capital improvements Budget of said City for fiscal
Section 2. The proceeds of the sale of the bonds authorized year 1997-98, as 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 anticipation of the sale of said bonds shall be deposited in the
Community Development, Division of Development, Capital Projects Fund to the credit of the Department of
"Renovation Citywide Playgrounds, 1997-98", Bond Community Development, Division of Development,
Authorization Account No. 200-717, and shall be used for the "Improvements Niagara Square 1997-98", Bond Authorization
class of objects or purposes specified in Section 1 of this Account No. 200-717, and shall be used for the specific object
resolution. or purpose specified in Section 1 of this resolution.
Section 3. The City intends to finance, on an interim basis, Section 3. The City intends to finance, on an interim basis,
the costs or a portion of the costs of said improvements for the costs or a portion of the costs of said improvements for
which bonds are herein authorized, which costs are reasonably which bonds are herein authorized, which costs are reasonably
expected to be incurred by the City, pursuant to this Bond expected to be incurred by the City, pursuant to this Bond
Resolution, in the maximum amount of $1,400,000. This Resolution, in the maximum amount of $100,000. This
Resolution is a declaration of Official Intent adopted pursuant Resolution is a declaration of Official Intent adopted pursuant
to the requirements of Treasury Regulation Section 1.150-2. to the requirements of Treasury Regulation Section 1. 150-2.
Section 4. The following additional matters are hereby Section 4. The following additional matters are hereby
determined and stated:. determined and stated:.
(a) The period of probable usefulness applicable to the (a) The period of probable usefulness applicable to the
class of objects or purposes for which the bonds authorized by class of objects or purposes for which the bonds authorized by
this resolution are to be issued within the limitations of Section this resolution are to be issued within the limitations of Section
1 1.00 11.00 a. 80. of the Law, is ten (10) years.
a. 19(c) of the Law, is fifteen (15) years. (b) Current funds are not required by the Law to be
(b) Current funds are not required by the Law to be provided as a down payment prior to the issuance of the bonds
provided as a down payment prior to the issuance of the bonds authorized by this resolution or any bond anticipation notes
authorized by this resolution or any bond anticipation notes issued in anticipation thereof in accordance with Section
issued in anticipation thereof in accordance with Section 107.00 d. 9. of the Law.
107.00 d. 9. of the Law. Section 5. Each of the bonds authorized by this resolution
Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the
and any bond anticipation notes issued in anticipation of the sale of said bonds and the renewals of said notes shall contain
sale of said bonds and the renewals of said notes shall contain the recital of validity prescribed by Section 52.00 of the Local
the recital of validity prescribed by Section 52.00 of the Local Finance Law. Said bonds and said notes shall be general
Finance Law. Said bonds and said notes shall be general obligations of the City of Buffalo payable as to both principal
obligations of the City of Buffalo payable as to both principal and interest by a general tax upon all the taxable real property
and interest by a general tax upon all the taxable real property within said City without limitation as to rate or amount. The
within said City without limitation as to rate or amount. The faith and credit of said City are hereby irrevocably pledged for
faith and credit of said City are hereby irrevocably pledged for the punctual payment of the principal of and interest on said
the punctual payment of the principal of and interest on said bonds and said notes. Provision shall be made annually by
bonds and said notes. Provision shall be made annually by appropriation by said City for the payment of interest on and for
appropriation by said City for the payment of interest on and for the amounts required for the amortization and redemption of
the amounts required for the amortization and redemption of said bonds and said notes.
said bonds and said notes. Section 6. The validity of the bonds authorized by this
Section 6. The validity of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation
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
(a) Such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to
purpose for which the City of Buffalo is not authorized to expend money, or
expend money, or
(b) The provisions of law which should be complied with (b) The provisions of law which should be complied with
at the date of the publication of this resolution are not at the date of the publication of this resolution are not
substantially complied with, substantially 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, publication,
or or
(c) Such obligations are authorized in violation of the (C) Such obligations are authorized in violation of the
provisions of the constitution. provisions of the constitution.
Introduced: December 9, 1997 Introduced: December 9, 1997
LAID ON THE TABLE LAID ON THE TABLE
NO.111 NO.112
By: Mr. Francyck: By: Mr. Francyck:
BONDRESOLUTION BONDRESOLUTION
$100,000BONDS $100,000BONDS
NIAGARASQUAREIMPROVEMENTSACCOUNT200-717 CITYWIDETREEREMOVAL&PLANTING
Bond Resolution of the City of Buffalo, New York, authorizing ACCOUNT200-717
the issuance of $100,000 General Improvement Bonds of said Bond Resolution of the City of Buffalo, New York, authorizing
City, to finance the cost of improvements to Niagara Square, at the issuance of $100,000 General Improvement Bonds of said
the estimated maximum cost of $100,000. City to finance the cost of removal of diseased trees and the
The Common Council of the City of Buffalo, in the County of planting of new trees in the City at the estimated maximum cost
of $100,000. Retirement System and said sum is hereby reappropriated as
The Common Council of the City of Buffalo, in the County of set forth below:
Erie, New York, hereby resolves (by the favorable vote of not From:
less than two-thirds of all the members of said Common 100 - General Fund
Council) as follows: 8I3 - Fringe Benefits
Section 1. The Comptroller of the City of Buffalo, in the 151-Police and Fire Retirement System $9,575
County of Erie, New York (herein called "City"), is hereby To:
authorized and directed to issue General Improvement Bonds 100 General Fund
of said City in the principal amount of One Hundred Thousand 04 - Department of Audit and Control
Dollars ($100,000), pursuant to the provisions of the Charter of 3 - Division of Real Estate
said City and the Local Finance Law, constituting Chapter 33-a 001 -Real Estate Management
of the Consolidated Laws of the State of New York (the "Law") 460 - Building Materials $ 750
to finance the cost of removal of diseased trees and the 520 - Maintenance Contracts $ 750
planting of new trees in the City. The estimated maximum cost 5' ) 6 - Advertising $ 2,000
of said class of objects or purposes for which the bonds 560 - Building Repairs & Alterations $ 3,000
authorized by this resolution are to be issued, including 573 - Engineering & Technical Services $ 3,000
preliminary costs and costs incidental thereto and the financing 590 - Print & Copying - Interdept $ 75
thereof, is $100,000, as set forth in the duly adopted Capital PASSED
Improvements Budget of said City for fiscal year 1997-98, as AYES - 13 NOES - 0
amended.
Section 2. The proceeds of the sale of the bonds authorized NO.114
by this resolution, or any bond anticipation notes issued in By: Mr. Franczyk
anticipation of the sale of said bonds, shall be deposited in the TRANSFEROFFUNDS
Capital Projects Fund to the credit of the Department of DIVISIONOFBUDGETANDMANAGEMENT
Community Development, Division of Development, "Citywide DIVISIONOFBUILDINGS
Tree Removal & Planting, 1997-98, " Bond Authorization That pursuant to section 42 of the Charter and the
Account No. 200-717, and shall be used for the purpose Certificate of the Mayor and the Comptroller submitted to tile
specified in Section 1 of this resolution. Common Council, the sum of $8,760 be and the same is
Section 3. The City intends to finance, on an interim basis, hereby transferred from the Reserve for Capital Improvements
the costs or a portion of the costs of said improvements for account and said sum is hereby reappropriated as set forth
which bonds are herein authorized, which costs are reasonably below:
expected to be incurred by the City, pursuant to this Bond From
Resolution, in the maximum amount of 100,000. This 100 General Fund
resolution is a declaration of Official Intent adopted pursuant to 8 1-9 - Exempt Items
the requirements of Treasury Regulation Section 1.150-2. 842 - Reserve for Capital Improvements $8,760
Section 4. The following additional matters are hereby To:
determined and stated: 81-8 Interfund Transfers
(a) The period of probable usefulness applicable to the 010 - Transfer to Capital Projects $8,760
class of objects or purposes for which the bonds authorized by From:
this resolution are to be issued, within the limitations of Section 81 -8 Interfund Transfers
1 1.00 a. 57 (1st) of the Local Finance Law, is five (5) years. · 10 - Transfer to Capital Projects Fund $8,760
(b) Current funds are not required by the Law to be To:
provided as a down payment prior to the issuance of the bonds 200 Capital Project Fund
authorized by this resolution or any bond anticipation notes 402 - Division of Buildings
issued in anticipation thereof in accordance with Section 063 - Pool Contract $8,760
107.00 d. 9. of the Law. PASSED
Section 5. Each of the bonds authorized by this resolution AYES - 13 NOES - 0
and any bond anticipation notes issued in anticipation of the
sale of said bonds and the renewals of said notes shall contain NO.115
the recital of validity as prescribed by Section 52.00 of the By: Mr. Franczyk
Local Finance Law. Said bonds and said notes shall be TRANSFEROFFUNDS
general obligations of the City of Buffalo payable as to both DIVISIONOFBUDGETANDMANAGEMENT
principal and interest by a general tax upon all the taxable real DIVISIONOFENGINEERING
property within said City without limitation as to rate or amount. That pursuant to section 42 of the Charter and the
The faith and credit of said City are hereby irrevocably pledged Certificate of the Mayor and the Comptroller submitted to the
to the punctual payment of the principal of and interest on said Common Council, the sum of $50,000 be and the same is
bonds and said notes. Provision shall be made annually by hereby transferred from the Division of Budget and
appropriation by said City for the payment of interest on and for Management - Planning for Capital Improvements account and
the amounts required for the amortization and redemption of said Sum Is hereby reappropriated as set forth below:
said bonds and said notes. From:
Section 6. The validity of the bonds authorized by this 200 Capital Project Fund
resolution or any bond anticipation notes issued in anticipation 061 - Division of Budget and Management
of the sale of said bonds, may be contested only if: 00 I -Planning for Capital Projects $50,000
(a) such obligations are authorized for an object or To:
purpose for which the City of Buffalo is not authorized to 202 Capital Project Fund
expend money, or 401 - Division of Engineering
(b) the provisions of law which should be complied with 501 - Reconstruction of Elmwood Avenue from
at the date of the publication of such resolution are not North Street to Lexington Avenue $50,000
substantially complied with, PASSED
and an action, suit or proceeding contesting such validity, is AYES - 13 NOES - 0
commenced within twenty days after the date of such
publication, or NO.116
(c) such obligations are authorized in violation of the By: Mr. Franczyk
provisions of the constitution. INCREASEDAPPROPRIATION
Introduced: December 9, 1997 RESERVEFORCAPITALAPPROPRIATIONS
LAID ON THE TABLE DEPARTMENTOFHUMANSERVICES,PARKSAND
RECREATION
NO.113 That, Pursuant to Section 41 of the Charter and the
By: Mr. Franczyk Certificate of the Mayor and the Comptroller submitted to the
TRANSFEROFFUNDS Common Council, the appropriation in the budget for the
FRINGEBENEFITS- current fiscal year for Appropriation Allotments - Department of
POLICEANDFIRERETIREMENTSYSTEM Human Services, Parks and Recreation - Exempt Items be and
DIVISIONOFREALESTATE the same hereby is increased in the sum of $48,000.
That pursuant to section 42 of the Charter and the That, the comptroller be and hereby is authorized and
Certificate of the Mayor and the Comptroller submitted to the directed to transfer the sum of $48,000 from 100-890-050 -
Common Council, the sum of $9,575 be and the same is Reserve for Capital Appropriations to meet this increased
hereby transferred from the Fringe Benefits - Police and Fire appropriation as set forth below
To: induced buyer - while Parlato rakes in windfall profits; and,
100 General Fund WHEREAS: Parlato takes little risk as a businessman,
50 - Department of Human Services, Parks and Recreation as he shrewdly deduces that the loss is the lenders',
1 - Division of Parks guaranteed by taxpayer money through the FHA approved
085 - Exempt Items mortgage. When the home is foreclosed on, Parlato doesn't
981 - Passenger Cars and Other Vehicles - Van $27,000 982 - eat the loss, it is borne by the taxpayer; and,
Operating Equipment - Rotadarian Machine $21,000 WHEREAS: In at least one scenario, Parlato bought a
PASSED home at 160 Clark from long-time homeowners and sold the
AYES - 13 NOES - 0 property to a party which has let the property deteriorate and
has been the center of activities by the criminal Goodyear
NO.117 Posse, with 152 calls for police service, from shots fired, to
By: Mr. Franczyk narcotics to child endangerment; and,
INCREASEDAPPROPRIATION WHEREAS: Since the mid-1980's to the present,
RESERVEFOR-CAPITALAPPROPRIATIONS Parlato has acquired approximately 785 homes in Buffalo, with
DEPARTMENTOFFIRE-EXEMPTITEMS 146 homes in the Fillmore District, using four different
That, Pursuant to Section 41 of the Charter and the corporations and under Frank R. Parlato Jr.; and,
Certificate of the Mayor and the Comptroller submitted to the WHEREAS: Of the 146 Parlato purchased homes in
Common Council, the appropriation in the budget for the the Fillmore District, over a quarter of them have been
current fiscal year for Appropriation Allotments - Department of foreclosed on by HUD; and,
Fire, Exempt Items be and the same hereby is increased in the WHEREAS: One of the hardest hit streets in the city,
sum of $80,000 Ruhland Avenue, has been victimized by Parlato's vampirism,
That, the comptroller be and hereby is authorized and with four out of the five Parlato-sold houses foreclosed on or
directed to transfer the sum of $80,000 from 100-890-050 - demolished at city expense, all on the very short block running
Reserve for Capital Appropriations to meet this increased south from Sycamore Street to the railroad tracks; and,
appropriation as set forth below: WHEREAS: The following is a snapshot of the four out
To meet the increased appropriation as set forth below: of five Parlato homes foreclosed on by HUD or demolished at
100 General Fund taxpayer expense:
210 - Department of Fire *23 Ruhland, bought by Franklin Enterprises (Parlato) for $
085 - Exempt items 1 0,000 on 1/3/92, sold by Parlato to Chevel Harris on 4/22/93
981 - Passenger Cars & Other Vehicles - bucket truck for $29,900; demolished by the City of Buffalo on 6/26/97.
$80,000 *25 Ruhland, bought by Parlato on 9/23/91 for $ 1 0,000,
PASSED sold to Loneall Lott on 4/16/92 for $28,000; foreclosed by HUD
AYES - 13 NOES - 0 in 9/17/97. HUD, eating the loss, paid Countrywide Mortgage
Company $32,947.
NO.118 *33 Ruhland, bought by Parlato on 8/7/92 for $17,000; sold
By: Mr. Franczyk to James Rucker for $3 1,000; property foreclosed on 11/9/95;
INVESTIGATEFHA/HUDMORTGAGESCAMS HUD eats $39,411.84; building now a graffiti-scarred mess.
WHEREAS: The federal government provides housing *29 Ruhland, bought by Parlato on 9/23/91 for $14,000 and
programs assisting low income individuals to attain home sold to Terrance McBurrows for $30,000 on 12/9/91; HUD ate
ownership, including the Federal Housing Administration (FHA) the $39,875 foreclosure cost on 6/5/96; property now a graffiti-
mortgage guarantee program administered through the United scarred mess.
States Department of Housing and Urban Development (HUD); *66 Ruhland, bought by Parlato in 8/6/91 for $15,000, sold
and, to Dorothy Bobb for $27,000 on 5/5/92. Although not
WHEREAS: Realtors have the opportunity to buy foreclosed on, the property owner has allegedly been misled by
homes on the private market, have them appraised by a HUD-a Parlato-promised "fixed rate" mortgage, which has been
approved appraiser, and then sell the property to low income increased over the years; the property was also sold with an
buyers with a mortgage from a private mortgage provider inoperable thermostat, faulty electrical space heater which
guaranteed by HUD; and, started a fire, and fire caused by a faulty ceiling fan, leaky roof,
WHEREAS: Ideally, the FHA/HUD programs can be a etc., electrical problems, leaking chimney, and,
great opportunity to create a home-owning class, thereby WHEREAS: Parlato raked in a profit of $79,900 on
stabilizing communities, but loopholes and abuses have also Ruhland Avenue at taxpayer expense, while the taxpayer ate
caused great hardship for citizens in the City of Buffalo; and, the HUD foreclosure costs of $112,235.84 on Ruhland
WHEREAS: Numerous Buffalo residents, many on Avenue.
fixed or low income, have been victimized by abuses in the WHEREAS: Although Parlato's foreclosure rate is
federal guaranteed loan program. Dreams for home ownership more than a quarter of the homes sold in the Fillmore District,
have been shattered, credit ruined, distressed neighborhoods this does not seem to be in line with the foreclosure rate of first-
have been burdened with vacant or dilapidated homes - all at time low income homeowners. The Neighborhood Preservation
taxpayers expense!; and, Company of the Polish Community Center, for example, has
WHEREAS: Certain unscrupulous realtors, in league had only one foreclosure out of thirty-five houses sold to low
with HUD-approved realty appraisers, have income buyers in the last decade; and,
rigged" the system by radically and artificially inflating the value WHEREAS: From the summer of 1995 to the present
of Buffalo properties to be sold to a low income buyer. This Parlato has reaped $572,200 in profits in thirty home sales, or
has resulted in windfall profits for the realtor and high default $21,193 per home in the Fillmore District, all moneys backed
rates for the unwitting low-income homeowner who cannot keep by taxpayers in a true real estate market selling these homes
up huge mortgage payments. The realtor initially purchases for a fraction of the Parlato scammed value; and,
the home at very low cost from the original owner, almost WHEREAS: Parlato and his companies have spread
always in distressed neighborhoods infected with crime and their buying frenzy into other parts of the city,
blight; and, including the University and North districts as well as the inner-
WHEREAS: The Realtor purchases a home in Buffalo ring old suburbs;
for very little money, derives a huge profit by selling it at NOW THEREFORE BE IT RESOLVED:
extremely high prices to a new low income homeowner, and That this Common Council hold a public hearing to
when the property is foreclosed on by the lender, HUD, (the determine the length and depth of these housing scandals, with
taxpayer), covers the mortgage ; and, inquiries covering but not limited to the following issues:
WHEREAS: One of the most notorious realty • Ask the local HUD office to report on the progress of its
companies preying on East Side homeowners is Erie audit of Frank Parlato Jr. and any and all of his subsidiary
Development Company, operated by Frank R. Parlato, Jr. of companies.
209 Sweetbrier Road, Town of Tonawanda,; and, • Ascertain any investigations conducted into this matter by
WHEREAS: Parlato has reaped huge profits in his the Federal Bureau of Investigations or if the Parlato activities
East Side destabilization efforts, routinely wresting homes from are in fact illegal.
elderly homeowners for very little money, having the newly • Inquire why HUD allows appraisers hand-picked by realtors
acquired property appraised two and three times above market to wildly over-appraise homes in distressed neighborhoods.
rate, and "qualifying" extremely low income people into buying • Inquire as to how a program created by the federal
the home at the inflated prices, which often is well beyond the government to assist low-income home buyers has been
buyers ability to pay; and, allowed to be perverted into a cash-cow for greedy realtors
WHEREAS: Scores of abandoned HUD-foreclosed taking advantage of people without the means or wherewithal to
homes dot the East Side, resulting in a loss of two groups of protect themselves against this type of subterfuge.
homeowners - the initial seller and the unwitting Parlato • Ask why HUD allows the realtor to select their own
appraiser, resulting in sickeningly inflated property appraisals in
communities with dramatic drops in market value. No. 120
• Ask why there is no HUD Screening program to ascertain if BY: Mr. Helfer
homeowners are credit worthy, or a determination of how much COMMONCOUNCILTASKFORCEONCHARTER
they are able to pay in bottom-line mortgage costs. SCHOOLS/SCHOOLVOUCHERS
• Ask why there are no "homeowner" workshops required to WHEREAS: In June the Greater Buffalo Partnership, at the
educate people to the difficulties and responsibilities of request of the Common Council established a working
becoming homeowners. committee to report back to the Common Council regarding
• Ascertain whether the realtor is allowed to "give" money to Charter Schools/School Vouchers. Attached to this resolution
low-income buyers to qualify for a mortgage, or is this a is the Greater Buffalo Partnership Report.
violation of HUD rules? Has Parlato committed fraud by REFERRED TO THE COMMITTEE ON EDUCATION, THE
secretly giving buyers a down payment for a house which is BOARD OF EDUCATION AND THE CORPORATION
credited back to him as a hidden "mark-up" of the house. COUNSEL.
* Determine whether it is a violation of HUD rules to "steer"
low-income buyers to mortgage lenders or a closing attorney, in NO121
several cases Parlato's cousin. By: Mrs. Rosemarie LoTempio & Mr. Zuchlewski
* Determine what recourse the City of Buffalo and the SUBJECT:REINSTATEMENTOFSICKANDPERSONAL
Department of Community Development has regarding Parlato DAYSFORWILLIAMWAGNER:
knowingly, and admitting to, public welfare by illegally carrying Whereas Plumbing Inspector William Wagner was
out construction work without a permit. injured on January 23, 1995, while on
BE IT FURTHER RESOLVED: duty. Mr. Wagner, a member of the Building Trade Inspectors
That this Common Council petition HUD Secretary Andrew Association Local 2651, was forced to use all of his accrued
Cuomo to launch a full-scale investigation into the time plus a sick bank instituted by the Union on his behalf, and
FHA/mortgage scandal in Buffalo, with an eye toward Whereas: The Compensation Board has approved Mr.
protecting unwitting low-income buyers and sellers; and, Wagner's claim reinstating two-thirds (2/3) and one half (1/2) of
BE IT FURTHER RESOLVED: the total time used or 25 days 6 hours of the 35 days he used;
That the HUD Review Board in Washington bar Frank and
Parlato Jr., Erie Development or any other front groups, Whereas: As per Article V Section I of the contract between
companies, subsidiaries or persons from participating in the the City of Buffalo and Local 2651, Mr. Wagner is petitioning
HUD guaranteed FHA mortgage program, and that lenders the Common Council to compensate for the difference in the
involved with Parlato not be reimbursed for their loss in the actual time used while off and the amount that he is being
event of foreclosure; reimbursed by the Compensation Board; and
BE IT FURTHER RESOLVED: Whereas: Mr. Wagner prefers to have his sick and personal
That the Secretary of State and New York State Attorney days reimbursed rather than receive monetary compensation.
General investigate to determine if Parlato's actions are a Now, Therefore, Be It Resolved:
violation of State Law; and, That this Common Council approves the difference between
BE IT FURTHER RESOLVED: the actual time Mr. Wagner used while off and the amount he is
That through this Resolution a complaint be filed with the being reimbursed by the Compensation Board.
New York State Department of Be it Further Resolved:
State be to report if Parlato's actions merit the revocation of his That Mr. Wagner receives the actual sick and personal days
New York State Realtors License; and, rather than monetary compensation.
BE IT FURTHER RESOLVED: PASSED
That the United States Attorney's Office investigate this AYES 13 NO 0
matter under its’ jurisdiction;
AND, BE IT FINALLY RESOLVED: NO.122
That local representatives of'. HUD, the FBI, Department of By: Mrs. LoTempio
Community Development, and, representatives of the US RE: APPOINTMENTTOTHEASSESSMENTREVIEW
Attorney's Office, NYS Attorney General's Office, Secretary of BOARD
State, NYS Department of State, and, representatives of Erie Whereas: Pursuant to Section 523 of the Real Property Tax
Development Corporation, Countrywide Mortgage Company of Law of New York State, the Common Council has the authority
Williamsville, New York, Frank R. Parlato, Jr., and, any to appoint five members to the Board of Assessment Review;
interested parties be invited to appear before the Common and
Council to address this issue. Whereas: Daniel P. Barone has resigned, as of December 5,
REFERRED TO THE COMMITTEE ON FINANCE, 1997, from the Board of Assessment Review; and
CORPORATION COUNSEL, COMMISSIONER OF Whereas: Kevin B. Hannon, currently serving as a Marketing
COMMUNITY DEVELOPMENT, HOUSING & URBAN Representative with Four Comers Abstract Corporation of
DEVELOPMENT, FEDERAL BUREAU OF INVESTIGATION, Buffalo, New York, has been a licensed Real Estate Broker and
NEW YORK STATE DISTRICT ATTORNEY AND UNITED Salesperson in the City of Buffalo and throughout Western
STATES DISTRICT ATTORNEY New York for over fifteen years; and
Whereas: Mr. Hannon has extensive experience
encompassing all phases of the Real Estate industry including
NO.119 the sale, leasing, mortgaging, management and appraisal of
PUBLICHEARING-WILLIAMGAITER residential and commercial properties; and
INCUBATORFACILITY Whereas: Mr. Hannon possesses the necessary
SECTION108LOAN qualifications, experience and knowledge of property and
WHEREAS, Section 108 of the Housing and Community housing values which will enable him to well serve the City of
Development Act of 1974 authorized the Department of Buffalo, through his participation on the Assessment Review
Housing and Urban Development to offer Section 108 loans for Board;
community and economic development projects that cannot be NOW THEREFORE BE IT RESOLVED:
financed from annual grants; and That this Common Council appoint Mr. Kevin B. Hannon, II 2
WHEREAS, The proposed William Gaiter Incubator Facility to Milford Street Buffalo, New York 14220 to the Board of
be constructed along the William Gaiter (nee Northeast Assessment review to fill the unexpired five year term of Daniel
Buffalo) Parkway requires the approval of the local governing P. Barone.
body. ADOPTED
NOW, THEREFORE, BE IT RESOLVED BY THE COMMON
COUNCIL OF THE CITY OF BUFFALO: NO.123
By: Mrs. LoTempio, Mr. Franczyk, and Mr.
1. That this Common Council will conduct a Public Hearing
regarding the Section 108 loan for the William Gaiter Incubator
Quintana
Facility before the Community Development Committee of the
SUBJECT:ALLOCATEFUNDINGFOREXTENDEDDAY
Common Council on December 17, 1997 at 10:00 a.m. in the
PROGRAMSATVARIOUSCOMMUNITY
Common, Council Chambers; and
SCHOOLS
2. That the City Clerk is hereby directed to publish a notice
Whereas: Four Community Schools in the City of Buffalo are
similar to the attached and marked "Notice of Hearing" in the
facing the possibility of losing their extended day programs;
Buffalo News and the City Record no later than the 10th of
and
December, 1997.
Whereas: The schools in question, Fillmore-Lincoln Academy
PASSED
#44, Broadway Village Elementary Community School #57,
AYES 13 NOES 0
Niagara Community School #77, and Grover Cleveland High
School, rely on City funding for their extended day programs; AGREEMENTJAMESMANAGEMENTCOMPANY,INC.
and WHEREAS, James Management Company, Inc.
Whereas: New York State funding has been identified for the (hereinafter referred to as the "Redeveloper") has been
other community schools in the City of Buffalo; and previously duly designated as qualified and eligible
Whereas: The extended day programs provide a very valuable Redeveloper in accordance with the rules, regulations and/or
service to the youth of the City of Buffalo; the programs begin procedures prescribed by the City of Buffalo Urban Renewal
following dismissal, provide a set number of hours of Agency (hereinafter referred to a the "Agency"); and
programming per week, and offer various activities as well as a WHEREAS, the Agency and the Redeveloper have negotiated
mandatory tutorial component; an Amendment to Land Disposition Agreement for the
Now, Therefore, Be It Resolved: continuation of the disposition of twenty-eight (28) remaining
That this Common Council requests the allocation of $50,000 new residential housing units situate in the proposed project
from Local Law Enforcement Block Grant (LLEBG), using the area known as the Fruit Belt 11 New Housing Program within
1997-1998 balance, to ensure that the extended day programs the Community Wide Urban Renewal Demonstration Program
at Fillmore-Lincoln Academy #44, Broadway Village Elementary Area; and
Community School #57, Niagara Community School #77, and WHEREAS, the proposed Amendment to Land Disposition
Grover Cleveland High School are offered from January I Agreement has been forwarded by the Agency to this Common
through August, 1998; and Council for the appropriate action, pursuant to Section 507,
Be It Further Resolved: Subdivision 2 (d) of New York State General Municipal Law;
That if the 1997-1998 balance is not great enough to allow for and
this allocation, the difference should be taken from the 1998-WHEREAS, Article 15 A of New York State General Municipal
1999 Local Law Enforcement Block Grant (LLEBG). Law; requires that the disposition of municipally owned land
PASSED within an Urban Renewal Project Area shall be approved only
AYES 13 NOES 0 upon the completion of a public hearing, held on due notice.
NOW, THEREFORE, BE IT RESOLVED:
NO124 1. That the Clerk of the City of Buffalo is hereby directed to
BY:MR.QUINTANA publish the notice attached hereto, identified as "Notice of
SAFETYOFCITYBUILDINGINSPECTORS Public Hearing" in the Buffalo News, no later then Friday,
Whereas: Recently a City of Buffalo building inspector was December 12, 1997.
assaulted during the performance of his duties; he suffered 2. That this Common Council shall conduct a Public Hearing
injuries to his eye, nose and teeth; and on the matter set forth in the said "Notice of Public Hearing"; at
Whereas: The inspectors carry radios, but this inspector's 2:00 o'clock p.m. in the Council Chambers on
radio apparently did not function when he attempted to call for Tuesday, December 23,1997.
assistance; and ADOPTED
Whereas: Building inspectors have a very important
responsibility, helping to ensure public health and safety NO.127
through housing and building code enforcement; and BYMR.ZUCHLEWSKI
Whereas: They perform their duties in all areas of the city and FELICITATIONS/INMEMORIAM
are not allowed to carry weapons; and Attached hereto are Felicitation and In Memoriam Resolutions
Whereas: Not only are they susceptible to potential crime as sponsored by Members of the Common Council as indicated:
any person would be, particularly when they visit high-crime Felicitation for NOVEMBER 22, 1997-BEVERI-Y JOHNSON
areas, but they frequently encounter hostile property owners DAY.
who feel threatened when they observe an inspector looking at By Councilmember JAMES PITTS
their property; and Felicitation for Banco Popular honoring memory or Bobby
Whereas: Building inspectors deserve a reasonable degree of By Councilmember Quintana
personal safety as they perform their duties, and the City ADOPTED
should be protected against the significant financial liability that
could result if one of them were seriously harmed; and NO.128
Whereas: In light of this incident, we should consider the BY: MR.ZUCHLEWSKI
possibility of implementing personal safety training classes, an APPOINTMENTS
enhanced communications system, and/or other policies and COMMISSIONEROFDEEDS
procedures that would help protect building inspectors as they REQUIRED-PERFORMANCEOFPUBLICDUTIES
work to enhance the quality of life in our city's neighborhoods; That the following persons are hereby appointed as
Now, therefore be it resolved: Commissioner of Deeds for tile term ending December
That the Division of Housing and Inspections, the Corporation 31,1998 , conditional upon tile person so appointed certifying,
Counsel, the Police Commissioner, and Local 264 be under oath, to their qualifications and filing same with the City
requested to present to this Honorable Body their written Clerk:
suggestions of what reasonable measures could be Stefania Ovak
implemented that would improve the personal safety of City
Building Inspectors while they are performing their jobs; and UNFINISHEDBUSINESS
Be it further resolved: NO.129
That these responses be filed no later than 2:00 PM on REFUNDINGBONDRES.-$70,000,000OUTSTANDING
December 18, 1997. SERIALBONDS
REFERRED TO THE COMMITTEE ON LEGISLATION, (NO.121,C.C.P.,NOV.25,1997)
CORPORATION COUNSEL, COMISSIONER OF
COMMUNITY DEVELOPMENT, COMMISSIONER OF Mrs. LoTempio moved that the above item be taken from the
POLICE, AND AFSCME LOCAL #264. table.
Seconded by Mr. Czajka
NO125 CARRIED
BY:MR.QUINTANA Mrs. LoTempio now moved the approval of the above item;
RE: LEASEFORWESTSIDECOMMUNITYSERVICES seconded by Mrs. Gray
Whereas: West Side Community Services (WSCS) is an PASSED I
agency that provides important services for residents of AYES 13 NOES 0
Buffalo's West Side; and
Whereas: WSCS has been operating without a lease at its NO130
161 Vermont Street location since its earlier lease expired in INCR.APPROP.-MAYOR
1995; (NO.122,C.C.P.,NOV.25,1997)
Now, Therefore, Be It Resolved That: Mrs. LoTempio moved that the above item be taken from the
This Common Council requests the Corporation Counsel to table.
negotiate, develop and execute a new 3 year lease for West Seconded by Mr. Czajka
Side Community Services to operate at 161 Vermont Street. CARRIED
ADOPTED Mrs. LoTempio now moved the approval of the above item;
seconded by Mrs. Gray
NO126 PASSED
BY:BARBARAA.MILLER-WILLIAMS AYES 13 NOES 0
RE: SETPUBLICBEARING
FRUITBELTHNEWHOUSINGPROGRAM NO.131
APPROVALOFAMENDMENTTOLANDDISTRIBUTIONCAPITALBUDGETAMEND.
(NO.125,C.C.P.,NOV.25,1997)
Mrs. LoTempio moved that the above item be taken from the
table.
Seconded by Mr. Czajka
CARRIED
Mrs. LoTempio now moved the approval of the above item;
seconded by
PASSED
AYES 13 NOES 0
NO.132
L.L.INTRO.9(1997)-POLICEUNIFORMS
(NO.134,C.C.P.,NOV.25,1997)
Mrs. LoTempio moved that the above item be taken from the
table.
Seconded by Mr. Czajka
CARRIED
Mrs. LoTempio now moved the approval of the above item;
seconded by Mrs. Gray
PASSED
AYES 13 NOES 0
NO.133
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 Committee Tuesday, December 16, 1997
Finance Committee Tuesday, December 16, 1997
Legislation Committee Tuesday, December 2, 1997 at 2:00
o'clock p.m.
Community Development Committee Wednesday,
December 16, 1997 at 10: 00 o'clock a.m.
Committee on Education Wednesday, December 16, 1997
at 2:00 o'clock p.m.
ANCILLARY MEETINGS
Claims Committee held in Council Chambers on
Wednesday, December 17, 1997 at 9:00 o'clock a.m.
NO.134
ADJOURNMENT
On a motion BY Mrs. LoTempio, Seconded by Ms. Kavanaugh
the Council adjourned at 3:25 pm
CHARLES MICHAUX III
CITY CLERK
BOARDOFPOLICEANDFIREPENSIONPROCEEDINGS
#11
MAYOR'SOFFICE-201CITYHALL
DECEMBER11,1997
Present: Anthony M. Masiello, Mayor; Joel A. Giambra,
Comptroller-2 Absent-James W. Pitts-1.
The Journal of the last meeting was approved.
NO.1
1 transmit herewith the Pension Payroll for the Fire Pension
Fund for the month of December 1997 amounting to
$25,765.63 and respectfully request that checks be drawn to
the order of the persons named herein for the amounts stated.
Adopted
Ayes-2. Noes-0.
NO.2
The following annuitant was cancelled from the Fire Pension
Fund:
Mary E. Finn Died Nov.21,1997
Received and Filed.
NO.3
1 transmit herewith the Pension Payroll for the Police Pension
Fund for the month of December 1997 amounting to
$28,447.00, and respectfully request that checks be drawn to
the order of the persons named herein for the amounts stated.
Adopted.
Ayes-2. Noes-0.
NO.4
On motion by Mr. Masiello, the City of Buffalo Police and Fire
Pension Board Meeting adjourned at 11:10 a.m.