HomeMy WebLinkAbout97-1223
No.24
COMMON COUNCIL
PROCEEDINGS
OF THE
CITY OF BUFFALO
DECEMBER 23, 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,DECEMBER23,1997 The City Planning Board at its regular meeting held
AT2:00P.M. November 11, 1997 considered the matter captioned above
pursuant to Section 511-137 of the Buffalo Code - City Wide
PRESENT - James W. Pitts President of the Council, Site Plan Review.
and and Council Members Brown, Coppola, Czajka, After conducting a public hearing on the matter in which all
Franczyk, Gray, Helfer, Kavanaugh, Lockwood, interested parties were invited to comment the Board voted to
LoTempio, Pitts, Quintana, Williams and Zuchlewski - 13. approve the site plan as presented and as shown on your
drawing identified as project number 97078 and dated
ABSENT - None. November 26,1997.
This will acknowledge the Planning Division's receipt and
On a motion by Mrs. LoTempio, seconded by Mr. approval of the site plan described above.
Czajka, the minutes of the stated meeting held on RECEIVED AND FILED
DECEMBER 9, 1997 were approved.
NO6.
FROMTHEMAYOR ZIONDOMINIONCHURCH,REQUEST
TOERECTASIGNAT364
FROM THE MAYOR GENESEESTREET
ITEMNO.80,C.C.P.10/28/97
NO.1 The City Planning Board at its regular meeting held Tuesday,
RE-APPOINTMENTOFMEMBERS December 16, 1997 voted to received and file the matter
TOTHECITYPLANNINGBOARD captioned above since Your Honorable Body has already
Pursuant to the powers vested in me by Section 316 of the approved the proposed sign.
Charter of the City of Buffalo, I hereby re-appoint the following RECEIVED AND FILED
individuals to the City Planning Board:
Rev. S. Theodore Berg, 1974 Seneca St. Bflo, N.Y. 14210 NO.7
Father Berg's term will expire October 9, 1999. K.GIOULEKAS,REQUESTTOUSE
James K. Morrell, 65 Durham Avenue Buffalo, N. Y. 14215 244GENESEESTREETFORA
Mr. Morrell's term will expire October 9, 1999. DROP-INCENTER
1 hereby certify that the above named individuals are fully ITEMNO.82,C.C.P.10/28/97
qualified to serve as members of the City Planning Board. The City Planning Board at its regular meeting held Tuesday,
REFERRED TO THE COMMITTEE ON LEGISLATION December 16, 1997 considered the matter captioned above
pursuant to Section 511-136 of the Buffalo Code - The Review
NO.2 of Human Service Providers.
RE-APPOINTMENTOFMEMBERTOTHE The Planning Board voted to inform Your Honorable Body that
BUFFALOWATERBOARD it could find no evidence of over concentration of human
Pursuant to the authority granted me by Section 1048-F of service providers within a one half mile radius of the subject
the title Two-B Article Five of the Public Authorization law, I property.
hereby re-appoint, subject to confirmation by Your Honorable RECEIVED AND FILED
Body, James B. Milroy, residing at 155 Massachusetts Avenue,
Buffalo, New York 14213, as a member of the Buffalo Water NO.8
Board for a term expiring December 31, 1999. 501SENECASTREET,INC.,
I hereby certify that the above named individual is fully qualified REQUESTTOPLACEABILLBOARD
to serve as a member of the Buffalo Water Board. SIGNAT503SENECASTREET
REFERRED T0 THE COMMITTEE ON LEGISLATION ITEMNO.65,C.C.P.12/9/97
The City Planning Board at its regular meeting held Tuesday,
NO.3 December 16, 1997 considered the matter captioned above
RE-APPOINTMENTOFMEMBERTOTHE pursuant to Section 389-19 of the Buffalo Code - The Review
BUFFALOMUNICIPALWATERFINANCEAUTHORITY of Billboard Signs.
Pursuant to the authority granted me by Section 1048-C of The Planning Board voted to receive and file this request when
the title Two-B Article Five of the Public Authorization law, I it was informed that the proposed site lies within the South
hereby re-appoint, subject to confirmation by Your Honorable Ellicott NDP area which prohibits non-accessory signs under
Body, Joseph Makowski, residing at 194 Huntington Avenue, the Urban Renewal Plan.
Buffalo, New York 14214, as a member of the Buffalo RECEIVED AND FILED
Municipal Water Finance Authority for a term expiring
December 31, 1999. NO.9
I hereby certify that the above named individual is fully qualified J.SANDORO,REQUEST
to serve as a member of the Buffalo Water Board. TOPLACEABILLBOARDSIGNAT
REFERRED T0 THE C0MMITTEE 0N LEGISLATION 157EXCHANGESTREET
ITEMNO.66,C.C.P.12/9/97
NO4. The City Planning Board at its regular meeting held Tuesday,
APPOINTMENT&RE-APPOINTTOTHE December 16, 1997 considered the matter captioned above
EXAMININGBOARDOFELECTRICIANS pursuant to Section 387-19 of the Buffalo Code - the review of
Pursuant to the powers vested in me in Part 11, Chapter 165, Billboard Signs and the Sign Overlay
Article 1, Section 3 of the Code of the City of Buffalo, I hereby District.
appoint and re-appoint, subject to approval by Your Honorable The applicant seeks to place a non-accessory sign with a sign
Body, the following individuals: face measuring 141 by 481 (672 square feet) and an overall
RE-APPOINT Frank A. Cirrito 124 Niagara Falls Blvd. Bflo. height of 40 feet.
14214 Mr. Cirrito's term will commence immediately and expire The site is located in an Ml Zone which is overlain by the Oak-
on December 31, 2000. Michigan portion of the Sign Overlay District. The Overlay
APPOINT Anthony P. Fanti 19 Hecla Street Bflo. 14216 Mr. District permits such signs upon the approval of Your
Fanti has twenty six years of experience in all phases of Honorable Body.
electrical maintenance. At the present time he is owner Under SEQR the proposed rezoning is considered an Unlisted
operator of T & S Maintenance: Performing residential and Action which may be studied through Uncoordinated Review.
commercial work throughout Western New York. He is The Planning Board voted to approve the proposed sign.
replacing Edward Pitz, whose term has expired. Mr. Fanti's REFERRED TO THE COMMITTEE ON LEGISLATION
term will commence immediately and expire on December 31,
2000. NO.10
I hereby certify that the above named individuals are fully A.FADDELL,REQUESTTOCONVERT
qualified to serve as members of the Examining Board of ALAUNDROMATTOASTORE
Electricians. 317-319E.DELAVANAVE.
REFERRED TO THE COMMITTEE ON LEGISLATION ITEMNO.67,C.C.P.11/25/97
FROM THE MAYOR - EXECUTIVE DEPARTMENT The City Planning Board at its regular meeting held Tuesday,
FROM THE CITY PLANNING BOARD December 16, 1997 considered the matter captioned above
pursuant to Sections 511-68.1 of the Buffalo Code - The
NO.5 Hamlin Park Overlay District.
SITEPLANAPPROVAL,1705BROADWAY,BUFFALO,The Planning Board voted to receive and file this request when
NEWYORK it was informed by Mr. Byron Brown, Masten District
Councilmember, that Your Honorable Body has denied the detail of the requirements are set forth below:
matter. To I00 General Fund 40 - Department of Public Works 1
RECEIVED AND FILED Division of Engineering 013 Operation of Bridges 580 Non-
Professional Personal Services $55,347
NO.11 RECEIVED AND FILED
E.RODRIGUEZ,PETITIONTO
REZONE313ELMWOODAVENUE NO.15
FROMR3TOC1 CERTIFICATEOFNECESSITY
ITEMNO.67,C.C.P.12/9/97 CAPITALBUDGETAMENDMENT
The City Planning Board at its regular meeting held Tuesday, AUTHORIZATIONFORADDITIONALCAPITAL
December 16, 1997 considered the matter captioned above INDEBTEDNESS
pursuant to Section 511-126 of the Buffalo Code - We, Anthony M. Masiello, Mayor and Joel A. Giambra,
Amendments to the Zoning Ordinance. Comptroller, do hereby certify, pursuant to Section 359 of the
The petitioner seeks to rezone his property which is used Charter, that it is necessary to authorize an increase in
entirely for professional offices from an R3 zoning classification indebtedness for the Budget for Capital Improvements,
to a C1 zone which would conform to the actual use of the provided by the Common Council prior to July 1, 1997 for the
property. ensuing fiscal year, by adding the following item:
Under SEQR the proposed rezoning is considered an Unlisted 200 Capital Projects 402 Division of Buildings King Urban Life
Action which may be studied through Uncoordinated Review. Center - Early Childhood Center $400,000
The Planning Board voted to approve the proposed rezoning. Dated: Buffalo, NY, December 15, 1997
RECEIVED AND FILED RECEIVED AND FILED
NO.12 NO.16
W.WARDANDJ.LITTLE INTERFUNDCASHLOAN
REQUESTTOPLACEASIDEWALK Over the last six years, the City has provided interfund loans
CAFEATNORTHPEARLSIDEOF from the City General Fund to The City, Board and Enterprise
26ALLENSTREET Capital Projects Funds to implement financing of the Capital
ITEMNO.66,C.C.P.11/25/97 Improvements Budget. The interfund loans are repaid when
The city Planning Board at its regular meeting held Tuesday, the Bond Anticipation Notes or Bonds are issued to finance
December 16, 1997 considered the matter captioned above these projects.
pursuant to Section 413-59, a,d 511-57 of the Buffalo Code - As of today, we have two requests for money to finance
Sidewalk Encroachments and the expansion of restricted uses projects and we will not reenter the bond market at this time.
in the Allen Special Zoning District. We are requesting that you approve interfund cash loans from
The Planning Board voted to deny the applicants requests the General Fund to the City's Capital Projects Fund in the
since it could find no compelling reason to change its earlier amount of $3,000,000, Shea's Theater Expansion, Department
decision which Your Honorable Body affirmed (See Item No. of Public Works and $375,000 for Purchase of Vehicles and
14, C.C.P. 4/12/88 and Item No. 214, C.C.P. 4/26/88). The Equipment, Department of Police. The loan will be repaid
basis for the denial was that the noise generated by the when Bond Anticipation Notes or Bonds are issued.
sidewalk cafe would have a negative impact on adjacent From 100 General to 200 Capital Projects Account 202-402-
residential fabric. 005 Repayment Date BAN/Bond Sale Total $3,000,000.
REFERRED TO THE, COMMITTEE ON LEGISLATION From 100 General to 200 Capital Projects Account 202-200-
002 Repayment Date BAN/Bond Sale Total $375,000.
NO.13 Mrs. LoTempio Moved:
REQUESTTOABANDONPORTIONSOFTHEROWOFThat the Comptroller be, and he hereby is authorized to make
THE2001BLOCKOFPROSPECTAVENUEI interfund cash loans from the General Fund to the City's
ITEMNO.34,C.C.P.12/9/97 Capital Projects Fund in the amount of $3,000,000, Shea's
The city Planning Board at its regular meeting held Tuesday, Theater Expansion, Department of Public Works and $375,000
December 16, 1997 considered the matter captioned above for Purchase of vehicles and Equipment, Department of Police.
pursuant to Section 317.1 of the City Charter - The The loans will be repaid when Bond Anticipation Notes or
Abandonment of Public Right-Of-Way. Bonds are issued.
The Planning Board voted to approve the abandonment of 16.5 PASSED
feet of the public right-of-way on each side of the 200 block of AYES-13 NOES-0
Prospect Avenue between Maryland Street and Carolina Street.
The abandonment issue arises out of the City fathers original NO.17
intention to dedicate a 99 foot row for Prospect Avenue to allow LEASEAGREEMENTBETWEENTHECITYOFBUFFALO
for its use as a "military" road. Since the need for this never ANDOLDFIRSTWARD
arose, over time, residents were allowed to encroach on the COMMUNITYASSOCIATION,INC.FORUSEOF70
right-of-way the width of one rod (33 feet) or 16.5 feet on each VINCENNES
side of the street. Although prohibited from building residents The Comptroller's Office, Division of Real Estate has
have nevertheless built on these portions of the right-of-way. determined that there is no lease agreement between the City
Recent initiatives to construct new housing on this strip of of Buffalo and the Old First Ward Community Association, Inc.
Prospect Avenue necessitate the need to correct this for use of city-owned property located at 70 Vincennes (a.k.a.
essentially anachronistic situation in order to convey clear title 62 Republic).
to prospective homeowners. Given this and the unlikely It appears that the Old First Ward Community Association, Inc.
possibility that the City will be invaded in the foreseeable future, took occupancy of this building sometime in February of 1993.
the Planning Board voted to approve the abandonment as This office is requesting Your Honorable Body to approve a
captioned above. lease agreement between the City of Buffalo and the Old First
RECEIVED AND FILED Ward Community Association, Inc. for use of 70 Vincennes
FROM THE COMPTROLLER (a.k.a. 62 Republic) in order to provide community services with
the following terms and conditions:
NO.14 1 This lease should be for a 5 year period commencing
CERTIFICATEOFNECESSITY January 1, 1998 and expire December 30, 2002.
INCREASEDAPPROPRIATION 2. The Old First Ward Community Association, Inc. shall be
DEPARTMENTOFPUBLICWORKS-DIVISIONOFresponsible for the cost of the utilities, garbage user fee and for
ENGINEERING all minor repairs and maintenance.
We, Anthony M. Masiello, Mayor and Joel A. Giambra, 3. The City of Buffalo, Department of Public Works shall be
Comptroller, do hereby certify pursuant to Section 41 of the responsible for all major repairs.
Charter, that an increase in the sum of $55,347 in the 4. The annual rental fee shall be One Dollar ($1.00) per year.
estimates for the fiscal year beginning July 1, 1997 is 5. The Old First Ward Community Association, Inc. shall
necessary in Appropriation Allotments for the Department of provide insurance saving the City harmless from any liability, as
Public Works Division of Engineering - Operation of Bridges - set forth per Item #1 97, C.C.P. 3/31197 - Insurance
Non-Professional Personal Services for Security, to meet a Requirements for lease of city-owned properties.
contingency which could not have been reasonably foreseen 6. The lease shall have a 30 day cancellation clause by either
when the budget was adopted. The amount of increased party.
appropriation will be met from an increase of $55,347 in the I am further recommending that Your Honorable Body authorize
General City Revenue account 100-401-402-92064 - Marina the Corporation Counsel to prepare the necessary lease
Rental not otherwise appropriated for any other purpose. The incorporating but not limited to the above aforementioned terms
and conditions that may deem necessary to protect the interest or repealing existing provisions of Chapter 479 of the
of the City of Buffalo. I am also requesting that Your Honorable Ordinances, as stated below, to be effective forty five days after
Body authorize the Mayor to execute the same. the first Council meeting at which they appear on the agenda
Mrs. LoTempio Moved: as an item business.
That the Comptroller be, and he hereby is authorized to enter That that part of Subdivision 9 Section II of Chapter 479 of
into a lease between the City and the Old First Ward Ordinances of the City of Buffalo be supplemented by adding
Community Association, Inc. for the lease of 70 Vincennes thereto the
(a.k.a. 62 Republic), for a five (5) year term commencing following: STOP SIGNS
January 1, 1998 and to expire December 31, 2002, the annual vehicles on Roesch Avenue shall stop before entering Argus
rental fee to be charged is $1.00 (Only One Dollar), payable in Street
advance. Insurance is to be provided saving the City harmless This action is being taken in order to update our records to
from any liability set forth per Item No. 197, C.C.P., 3/31/87. reflect current field conditions.
The Old First Ward Community Association, Inc. Shall be NOTIFICATIONSERIAL#8975
responsible for the cost of utilities, garbage user fee, and for all INSTALLSTOPSIGNS(ALL-WAY)INELGASSTREETTO
minor repairs and maintenance. The Department of Public ROESCHAVENUE
Works shall be responsible for all major repairs. The lease stop signs (all-way) - install
shall have a 30 day cancellation clause by either party. In conformity with Section 49 of Chapter 479 of the Ordinances
That the Acting Corporation Counsel be authorized to prepare of the City of Buffalo, the City Engineer hereby notifies Your
the necessary documents incorporating but not limited to the Honorable Body of this action supplementing, amending, or
above terms and conditions that may be necessary to protect repealing existing provisions of Chapter 479 of the Ordinances,
the interests of the City and that the Mayor be authorized to as stated below, to be effective forty five days after the first
execute the same. Council meeting at which they appear on the agenda as an item
PASSED. business.
AYES113 NOES-0 That that part of Subdivision 9 Section II of Chapter 479 of
Ordinances of the City of Buffalo be supplemented by adding
NO.18 thereto the following: stop signs
LEASEAGREEMENTBETWEENTHECITYOFBUFFALOvehicles on Elgas Street shall stop before entering Roesch
ANDBREADOFLIFECHRISTIAN Avenue.
ACADEMYFORUSEOFAPORTIONOF2193SOUTHThis action is being taken in order to update our records to
PARK-FORMERSCHOOL#29 reflect current field conditions.
The Comptroller's Office, Division of Real Estate has NOTIFICATIONSERIAL#8976
determined that there is no lease agreement INSTALLSTOPSIGNS(ALL-WAY)INECKHERTSTREET
between the City of Buffalo and the Bread of Life Christian ATROESCHAVENUE
Academy for use the gymnasium at former School #29, located stop signs (all-way) - install
at 2193 South Park. In conformity with Section 49 of Chapter 479 of the
It appear's that the Bread of Life Christian Academy has used Ordinances of the City of Buffalo, the City Engineer hereby
this gym for the past 1 0 years on Tuesdays between the hour's notifies Your Honorable Body of this action supplementing,
of 8:00 a.m. and Noon. This office is requesting Your amending, or repealing existing provisions of Chapter 479 of
Honorable Body to approve a lease agreement between the City the Ordinances, as stated below, to be effective forty five days
of Buffalo and the Bread of Life Christian Academy for use of after the first Council meeting at which they appear on the
the gymnasium with the following terms and conditions: agenda as an item business.
1 . This lease should be for a 2 year period commencing That that part of Subdivision 9 Section II of Chapter 479 of
January 1, 1998 and expire December 30, 1999. Ordinances of the City of Buffalo be supplemented by adding
2. The Bread of Life Christina Academy shall leave the thereto the
premises in the same condition as they were found. following: stop signs
3. The annual rental fee shall be One Dollar ($1.00) per year. vehicles on Eckhert Street shall stop before entering Roesch
4. The Bread of Life Christian Academy shall provide Avenue
insurance saving the City harmless from any liability, as set This action is being taken in order to update our records to
forth per Item #1 97, C.C.P. 3/31/97 Insurance Requirements reflect current field conditions.
for lease of city-owned properties. NOTIFICATIONSERIAL#8977
5. The lease shall have a 30 day cancellation clause by either THRUSTREETS-INSTALLVULCANSTREETBETWEEN
party. NIAGARASTREETANDKENMOREAVENUE
I am further recommending that Your Honorable Body authorize thru streets - install
the Corporation Counsel to prepare the necessary lease In conformity with Section 49 of Chapter 479 of the
incorporating but not limited to the above aforementioned terms Ordinances of the City of Buffalo, the City Engineer hereby
and conditions that may deem necessary to protect the interest notifies Your Honorable Body of this action supplementing,
of the City of Buffalo, I am also requesting that Your Honorable amending, or repealing existing provisions of Chapter 479 of
Body authorize the Mayor to execute the same. the Ordinances, as stated below, to be effective forty five days
Mrs. LoTempio Moved: after the first Council meeting at which they appear on the
That the Comptroller be and he hereby is authorized to enter agenda as an item business.
into a lease agreement between the City of Buffalo and the That that part of Subdivision 8 Section II of Chapter 479 of
Bread of Life Christian Academy for use of the Gymnasium at Ordinances of the City of Buffalo be supplemented by adding
school #29, located at 2193 South Park for the terms and thereto the
conditions listed in the Communications, and following: thru streets
That the Corporation Counsel be authorized to prepare the HIGHWAY LOCATION- Vulcan Street between Niagara Street
necessary documents and that the Mayor be authorized to and Kenmore Avenue
execute the same. PORTION OF HIGHWAY Entire Length
PASSED This action is being taken to update Traffic Engineering
AYES-13 NOES-0 records only.
REFERRED TO THE COMMITTEE ON LEGISLATION
NO.19
CERTIFICATEOFAPPOINTMENT NO21
Appointment Effective 12/15/97, in the Department of 04-0- PERMISSIONTOACCEPTFUNDS
AUDIT & CONTROL, Division of DATA PROCESSING to the SHEA'SPERFORMINGARTSCENTER
Position of SYSTEMS ADMINISTRATOR, PROVISIONAL STAGEEXPANSIONPROJECT
PROMOTION at the FIFTH STEP of $45,979/yr It is respectfully requested that Your Honorable Body
THOMAS CAVARETTA, 88 MARIEMONT, BFLO, NY 14220 authorize the City of Buffalo to receive $7,036,000 from the
REFERRED TO THE COMMITTEE ON CIVIL SERVICE Shea's Preservation Guild, Ltd. for the express purpose of
FROM THE COMMISSIONER OF PUBLIC WORKS constructing the above referenced project.
REFERRED TO THE COMMITTEE ON FINANCE
NO.20
NOTIFICATIONSERIAL48974INSTALLSTOPSIGNSNO22
(ALL-WAY)INROESCHAVENUEATARGUSSTREET PERMISSIONTOHIRECONSULTANTENGINEER
STOP SIGNS (ALL-WAY) - INSTALL RECONSTRUCTIONOFHERTELAVENUE
In conformity with Section 49 of Chapter 479 of the DELAWARETOMAIN-PIN5754.43
Ordinances of the City of Bflo, the City Engineer hereby notifies NO.43,C.C.P.4/5/94
Your Honorable Body of this action supplementing, amending, I hereby request permission from your Honorable Body to
hire an engineering consultant to prepare plans-specifications 7. That the applicant supply the City of Buffalo with a five
and perform contract administration-inspection related to the thousand dollar ($5,000.00) construction in street bond or
reconstruction of Hertel Avenue from Delaware Avenue to Main certificate of insurance which will indemnify and save harmless
Street. the City of Buffalo against any and all loss and damage arising
The project will be funded using Federal Aid STP Funds and out of the construction, maintenance, use and removal of said
City Bonds with the Federal share being 80% and the Local sidewalk cafe.
share being 20%. Funds for the Local match are available in REFERRED TO THE COMMITTEE ON LEGISLATION AND
Bond Fund Account #200-401-009. CITY PLANNING BOARD
Mrs. LoTempio moved:
That the above communication from the Commissioner of NO.26
Public Works dated December 17, 1997, be received and filed; 1297HERTELAVENUE;
and HANDICAPPEDACCESSRAMP
That the Commissioner of Public Works be, and he hereby is WITHINCITYRIGHT-OF-WAY
authorized to engage the services of a Consulting Engineer to Ms. Elizabeth How, owner of Homeward Bound, a retail shop
prepare plans and specifications and perform contract located at 1297 Hertel Avenue, has requested permission to
administration-inspection related to the reconstruction of Hertel install a handicap ramp which would encroach City right-of-way
Avenue from Delaware Avenue to Main Street. Funds for the at said address.
Local match are available in Bond Fund Account #200-401-The proposed ramp would measure six feet in length and
009. project a maximum of four feet from the property line into City
PASSED. right-of-way.
AYES-13 NOES-0 The Department of Public Works has reviewed Ms. How's
request pursuant to Chapter 413-59.1 (Handicapped Access
NO.23 Ramps) of the City Ordinances and has no objection to Your
PERMISSIONTOENGAGECONSULTANT Honorable Body authorizing the Commissioner of Public Works
RECONSTRUCTIONOFBROADWAYMARKET to issue a "Mere License" for said installation provided the
I respectfully request Your Honorable Body's permission to following conditions are met:
engage an Architectural/ Engineering consultant to prepare 1. That the applicant obtain any and all other City of Buffalo
plans, specifications, advertise and receive proposals for the permits necessary for installation.
reconstruction of the Broadway Market. 2. That the ramp be installed exactly as shown on plans
Funds for this work will be available in CPF 202-402. submitted to and approved by the Department of Public works,
Mrs. LoTempio Moved: Division of Buildings.
That the Commissioner of Public Works be and he hereby is 3. That the ramp be constructed so as not to be permanent in
authorized to engage an Architectural/Engineering Consultant nature.
to Prepare plans, specifications and to receive proposals for 4. That the applicant supply the Department of Public Works
the reconstruction of the Broadway Market. with a $5,000 construction in street bond or certificate of
PASSED insurance which will indemnify and save harmless the City of
AYES-13 NOES-0 Buffalo against any and all loss and damage arising out of the
construction, maintenance, use and removal of said ramp.
NO.24 Mrs. LoTempio moved:
PERMISSIONTOENGAGECONSULTANT That the Commissioner of Public Works be, and he hereby is
RECONSTRUCTIONOFPARKSIDELODGE authorized to issue a mere license" to Ms. Elizabeth How,
I respectfully request Your Honorable Body's permission to owner of Homeward Bound, a retail shop located at 1297 Hertel
engage an Architectural/Engineering consultant to prepare Avenue, to install a handicap ramp, which would encroach city
plans, specifications, advertise and receive proposals for the right-of-way at said address, subject to the following conditions:
reconstruction of the Parkside Lodge. I . That the applicant obtain any and all other City of Buffalo
Funds for this work are available in CPF 201-402-01 1. permits necessary.
Mrs. LoTempio Moved: 2. That the ramp be installed exactly as shown on plans
That the Commissioner of Public Works be and he hereby is submitted to and approved by the Department of Public Works,
authorized to engage the services of Archit6ctural/Engineering Division of Buildings.
Consultant to prepare plans, specifications, to advertise and 3. That the ramp be constructed so as not to be permanent in
receive proposals for the reconstruction of the Parkside Lodge. nature.
PASSED 4. That the applicant supply the Department of Public Works
AYES- 13 NOES- 0 with a Five Thousand Dollar ($5,000) construction in street
bond or certificate of insurance which will indemnify and save
NO.25 harmless the City of Buffalo against any and all loss and
531ELMWOODAVENUE; damage arising out of the construction, maintenance, use and
REQUESTSPERMISSIONTOINSTALL removal of said ramp.
SIDEWALKCAFE PASSED.
Mr. Ronald Lucchino, acting as agent for Starbucks Cafe, AYES-13 NOES-0
located at 531 Elmwood Avenue, has requested permission to
install a sidewalk cafe which would encroach City right-of-way NO.27
at said address. WELLNESSFACILITYFORCITYEMPLOYEES
The proposed cafe would measure thirty-five feet (351) in ITEMNO.152,C.C.P.11/12/97
length and project seven and one-half feet (7.51) from the The referenced resolution was referred to this department for
building face into City right-of-way. comment. The only space readily available that would fit the
The Department of Public Works has reviewed Mr. Lucchino's needs for a wellness facility would be in the basement of City
application pursuant to Chapter 413, Section 59 (Sidewalk Hall. The area being considered has been cleaned and all
Cafes) of the City Ordinances and has no objection to Your leaks have been corrected. We are unable to provide an
Honorable Body authorizing the Commissioner of Public Works estimate, however, until we are given some pertinent
to issue a "Mere License" for installation of said sidewalk cafe information such as the number of showers and lockers
provided the following conditions are met: requested.
1. That the applicant obtain any and all other City of Buffalo I suggest that the appropriate personnel make contact with City
permits necessary for said installation. Architect, Robert O'Hara, with the necessary information, and
2. That the sidewalk cafe be installed exactly as shown on plans we can then provide a cost estimate.
submitted to and approved by the Department of Public Works, REFERRED TO THE COMMITTEE ON LEGISLATION
Division of Buildings. FROM THE COMMISSIONER OF POLICE
3. That the sidewalk cafe does not exceed thirty-five feet (351)
in length or extend more than seven and one-half feet (7.51) NO28
from the building face. CHECKSRECEIVED
4. That no portion of the sidewalk cafe be permanent in nature ITEMNO.104,C.C.P.2/2/88
or permanently affixed to the main building or public sidewalk. 8155-00106415 - 3110-96-031 - $ 352.00
5..That the sidewalk cafe be completely removed from City TOTAL DEPOSIT $ 352.00
right-of-way from November 15 to April 1 each year. The above referenced property has been administratively
6. That the applicant be assessed the annual fee of two dollars forfeited by the Drug Enforcement Administration. (DEA). The
per square foot of City right-of-way occupied by said sidewalk checks were received by this Department and duly deposited in
cafe as described in Chapter 413, Article IX, Section 59 the Trust & Agency Account, #610-200-217-00-300.
(Sidewalk Cafes) of the City Ordinances. RECEIVED AND FILED
Be advised we were recently notified by the State that our
NO29 COMBAT Grant Program will be renewed by DCJS in the
PERMISSIONTOACCEPTVARIOUS amount of $161,625 for the period January 13, 1998 through
GRANTSAWARDEDTODEPARTMENT January 12, 1999. Rather than issuing formal contracts due to
LISTEDBELOW the delay in the approval of the State's budget, they will be
As you are aware, the Buffalo Police Department has been increasing and extending our existing 1997-1998 contract to
successful in securing grant funding through various sources facilitate the continued funding of this on-going project. The
over the last year. We have finally received official verification COMBAT funding will continue to provide personnel for the
and confirmation from both the State and Federal Governments gang suppression efforts on Buffalo's East and West Sides
as to these awards. Therefore, in order to keep within the and in addition, we will continue to work with the District
practices of our grant processing, we are asking permission Attorney’s Office to ensure that these cases (especially drug
from your Honorable Body for the Mayor to enter into the and gun arrests) are fully prosecuted. Intelligence information
contracts listed below. We are also requesting, as is our will continue to be disseminated, collected and passed to FBI,
standard practice, that your Honorable Body also authorize the Major Criminal Offense Squad, patrol of officers, community
Comptroller to provide for an inter-fund cash loan for all police officers, etc. The City will meet the match of $54,040 by
nonpersonnel expenses until such reimbursements are counting a percentage of the salaries of the supervisory
secured from both the State and Federal Governments. We personnel dedicated to this program. For this particular
have listed the amounts under each perspective grant and each renewal only, an inter-fund cash loan is not required, however,
loan would then be repaid as the reimbursements are sent to for the 1997-1998 program (above) we have requested one for
the City under the individual grant programs: non-personnel expenditures.
Aid to Law Enforcement- The City has been awarded a Again, we are asking for permissionfor the Cityto accept these
renewal grant in the amount of $652,998 from the Department awards and alsoauthorization for therequested inter-fund
,
of Criminal Justice Services for the period 4/1/97 through
cash loansWe are especially concerned with theCOMBAT
.
3/31/98. Under this grant, the Department will continue with
1997-1998 grant (since it ends January 12,1998) and we need
the current program which provides case enhancement for the
your immediate permission We are alsoconcerned about the
.
arrest and conviction of offenders who commit violent felonies
Aid To Law Enforcement Grant Program (as that ends March
and/or who otherwise fall under the definition of career criminal
31, 1998). We are finding the processingof this grant
(as specified under the grant) because of their previous
information more and more difficult since the State and Federal
criminal history. For this renewal and has been our past
budgets are passedlate, the actual contracts and
so
practice, we are requesting that your Honorable Body also
information we need at the local level to set-up accounts and
authorize an inter-fund cash loan in the amount of $98,081 as a
process the information is now comingat the last minute or
cash advance for all departmental, non-personnel expenses
after the grant is over withWe aredoing the best we can to try
($15,000 confidential funds, $2,712 travel/training, $20,000 for
and secure all required information prior to the termination date
equipment and $60,369 CPS Lab Chemist position). There ' is
of thesegrants and are askingfor your cooperation in helping
no City Match involved with this grant.
us to achieve this end.
I-COPS -The City has been awarded $145,407 through the
Thank you for your immediate attention to the above and if you
Office of Community Policing Services (COPS Office) for a
have any questions, please contact Chief Kevin Comerford or
problem-solving partnership grant that will focus on the
Maureen Oakley of our Grants Section at ext. 4475.
prostitution problem in the Allentown neighborhood through
Mrs. LoTempio Moved:
technology, training, assessment and evaluation. The focus of
That the above item be hereby approved.
this is to build a successful partnership between the police and
PASSED
a community based entity (Allentown Association) to work
AYES 13 NOES 0
together to address a persistent crime and disorder problem
within a targeted area. The dates on the actual award are from
NO.30
5/1/97 through 4/30/98, however, due to the usual bureaucratic
ADDITIONALINFORMATION:TOWAIVEBIDDING
delays, we have asked for a non-cash extension for the period
PROCESSFORUNDERCOVERUSEDVEHICLES
September 1, 1997 through August 31, 1998, to ensure that we
This is in response to the Finance Committee's request for
are funded for the maximum period allowed. The non-
additional information with regard to the Department's request
personnel expenditures that we are asking for the inter-fund
to waive the bidding process for undercover used vehicles.
cash loan total $125,889 which is earmarked as follows:
At the Committee Meeting, it was recommended that we define
$47,394 computer equipment, including mapping/supplies for
a process to the Council which would be acceptable to your
"B" District; $71,900 sub-agreement with SUNY Buffalo for
Honorable Body, but yet, still provide us with a process for
training/assessment and evaluation (since the Department
protecting the undercover identity of our officers and vehicles.
does not have the mastery required for evaluation/research);
We are proposing that we be allowed to solicit informal bids
and $6,595 travel to COPS training/conferences as required
from a minimum of three licensed dealers/brokers that will
under grant. Again, there is no City Match involved.
purchase used vehicles to be utilized for undercover purposes.
DCJS Legislative Grant for Gang SuppressionThe City has
The licensed dealers/brokers must quote a price over "auction
been awarded $400,000 for the period December 1, 1997
invoice" (set mark-up price over the auction price a dealer paid
through August 31, 1998 that will allow the Department to
for a particular vehicle) that they would be willing to accept in
continue our City-wide gang suppression efforts through the
order to provide to us with used vehicles. Any fee above and
summer of 1998. This funding will be directed toward the cost
beyond their actual cost will be for handling and acting as our
of personnel expenditures for running the program as it will
middleman. In order for an informal bid to be acceptable to us,
allow us to continue the City-wide gang suppression initiative
it must be below the price we would pay retail. Absent other
seven (7) days per week, during the designated hours of 9 p.m.
concerns, we would go with the lowest bidder for a period of
until 2 a.m. (other hours when manpower permits) . This
one year. At that point in time, we would then solicit three new
funding will ensure that this effective program will be continued
informal bids. If for some reason we did not accept the lowest
city wide(all districts/precincts)during 1998, especially during
bid, we would file our reason(s) with the Common Council or
the summer months. No City Match is required.
Comptroller's Of f ice (whichever is most acceptable to your
COMBAT - On July 9, 1996, your Honorable Body authorized
Honorable Body) .
the Mayor to enter into our COMBAT renewal grant (Item #27)
The Department would be responsible for handling all
in the amount of $180,000. At this time, we wish to notify you
transactions for the above in addition to any cars auctioned off
that the dates listed in that communique were typed incorrectly
by us for recycling through the subaccounts of our Trust and
and should have read for the period 4/1/96 through 3/31/97
Agency Account (Drug Asset Forfeiture).
(and not 4/1/95 3/31/96). In addition, the 4/1/96 through
If you have any questions or require further clarification, please
3/31/97 dates for this program were then changed to 1/13/97
contact Captain Edward C. Hempling of our Narcotics Section
through 1/12/98 due to bureaucratic delays as related to certain
at 851-4469 or Harry Trippet, Superintendent of our Fleet
State mandates pertaining to this program. At that time, we
Maintenance at 851-4584.
filed the information as it was right before your summer recess,
Your approval of the above request will be sincerely
however, we did not include permission to secure an inter-fund
appreciated, thank you.
loan for nonpersonnel expenditures. Therefore, at this time, for
RECEIVED AND FILED
our 1997-1998 COMBAT Grant Program, we are petitioning
your Honorable Body for the correction of dates 1-13-97
FROM THE COMMISSIONER OF FIRE
through 1-12-98 and requesting that permission be given to the
NO.31
Comptroller to authorize an inter-fund cash loan in the amount
DISCRIMINATION
of $8,064 which includes $499 in miscellaneous office supplies
Item No. Resolution 117, CCP, NOV. 25, 1997
and $7,565 for expenditures related to investigative training as
Charges have recently been made by a few individuals that
it specifically relates to gang activity.
racial discrimination is widespread in the Buffalo Fire
Department. While we are aware that racial discrimination probable cause for discrimination. Because of the nature of
does exist in varying degrees throughout our society and that firefighting and the inherent dangers that a firefighter is
some individual members of our department may harbor exposed to, strict discipline must be maintained at the scene of
feelings of bias, we do not believe that it is rampant or a fire or other emergency. Discipline must also be maintained
pervasive. On the contrary, we believe that if all factors are in the firehouse setting where training and the maintenance of
taken into consideration, most fair-minded people would say equipment among other aspects of the firefighters life are held.
that the state of racial relations in the Buffalo Fire Department It belief that if we are unable to maintain discipline in the
is our
are good.
relatively quiet setting of the firehouse, we cannot hope to
Through an affirmative program in place for the past twenty
maintain discipline at the scene of a fire where the possibility of
(20) years, the number of African-American firefighters in our
serious injury and death are ever present. Discipline, while
ranks has grown significantly. Today over thirty (30) percent of
strict, has been handed out on an even basis to white
our uniform force are minorities. Everyone of our thirty-five (35)
firefighters and black firefighters alike.
fire companies are integrated and it should be noted that this
Traditionally only three chaplains have served the Department
integration was done on a voluntary basis since all positions in
at any given time. Each of the Episcopal and Catholic chaplains
the fire department are bid by seniority according to the union
were historically appointed by their respective bishop, while the
contract.
Jewish chaplain traditionally came from Temple Beth Zion.
In the Communications Division one (1) of the dispatchers out
Recognizing a need for an African-American chaplain the
of four (4) is a minority, while five (5) out of twelve (1 2)
appointment was made by us from within our own ranks. it was
assistant dispatchers is African-American or Hispanic:
done so three years ago without the demand of any individual
additionally there is one (1) female dispatcher and one (1)
or group and particularly without any political consideration or
female assistant dispatcher assigned.
persuasion.
A number of minorities have served in the Fire Prevention
This fire administration has always had a very open-door policy
Bureau over the past four (4) years; two (2) are currently
and has from it's beginning encouraged all groups including
assigned out of ten (10) bid positions. In the Fire Investigation
Men of ColorHelping All (Mocha), the African American
Bureau where the Commissioner of Fire can directly assign
firefighters support group to speak to the Commissioner of Fire
personnel without adhering to the union contract, one half or
or his deputies o any problems that might arise. While that
five (5) out of the ten (10) investigators are minorities.
policy in place and will remain so, members of the
is still
Four (4) times in the past two (2) years we have conducted
department must avail themselves of this opportunity to resolve
basic recruit training at the Erie County Training Academy in
perceived problems if there is to be a worthwhile working
suburban Cheektowaga, N.Y. On each occasion African-
relationship.
American fire officers were asked to participate as instructors
It is the professed policy of the Masiello administration to
and in each session the was instruction given by minorities.
establish and maintain a diverse workforce that includes all
This administration has appointed two (2) African-American
segments of our society and is representative of all areas our
of
Deputy Fire Commissioners in the past four (4) years. it should
city. By extension it is the policy of the Fire Commissioner to
be noted that none have served during the sixteen (1 6) years
see that everything that is humanly possible be done to carry
of the previous administration.
out that policy. The record will show that the fire department,
There are currently five (5) African-Americans, three (3)
far from discriminating in its practices has been ever mindful of
Hispanics and one (1) female that currently hold the civil
the need for participation by the African- American community,
service rank of lieutenant. These figures are entirely too low
seeking redress of past grievances and strong pledge of
and efforts are being made to correct them. A Tutorial
inclusion in the future.
Assistance Program for the upcoming Fire Lieutenant's Exam
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
scheduled for March 1998, is being sponsored by the Buffalo
Fire Department in conjunction with Councilmember Byron
NO.32
Brown. A large number of minority firefighters have indicated
CERTIFICATEOFAPPOINTMENT
that they would partake in the tutorial program which we expect
in the Department of
Appointment Effective: December 15, 1997
will begin the first week in January 1998. Eight (8) fire officers
Fire, Division of Communications to the Position of
have volunteered their time to teach the program.
Communication Electrician provisional promotion at the
In August 1995, after long negotiations with the firefighters
maximum Starting Salary of $31,589
union, local 282, a drug testing program for all members of this
Ronald Garrett, 56 Kamper, Buffalo, 14210
uniform force was agreed upon. Your august body will
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
recognize that drug testing is not a punitive measure. Rather, it
is preventative measure to (a) protect the men and women of
FROMTHECORPORATIONCOUNSEL
the Buffalo Fire Department, (b) protect the people and
NO.33
property of the City of Buffalo, and Q protect the City of Buffalo
PUBLICHEARINGONPOLICEMISCONDUCT
from preventable lawsuits. it is incomprehensible to think that
ITEMNO.58,C.C.P.,9/30/97
anyone concerned about health and safety of our people and
You requested a response from the Law Department
our employees would consider drug testing as anything but
regarding the request by Concerned Citizens Against Police
imperative. Before the end of that year and in each ensuing
Abuse to hold a public hearing in Council Chambers on police
year all members of the department were tested for the
brutality and police misconduct.
presence of the following drugs in their system: marijuana,
The Common Council has the discretion to hold public
cocaine, opiates (i.e. heroin, morphine), amphetamines and
hearings on any issue it desires.
phencyclidine (P.C.P.). The selection process for drug testing
REFERRED TO THE COMMITTEE ON LEGISLATION
is widely known and published and the Buffalo Fire Department
has received praise from a variety of sources within the general
NO.34
substance abuse field and indeed on the editorial page of the
AUDIT-NORTHBUFFALOICERINK
Buffalo News for it's procedures. Every effort has been made
ITEMNO.6,C.C.R,9/2/97
to insure that the selection process is completely at random
You requested a response from the Law Department
and that confidentiality is strictly adhered to by this office. in
regarding the Department of Audit and Control 's Audit Report
comparison with the Buffalo Police Department, ours is a very
for the North Buffalo Ice Rink for the period September 1, 1994
liberal plan. While the police immediately dismiss a member of
to March 31, 1997. We have no particular comments to offer
their department upon testing positive for illegal drugs, the
at this time. If you have a specific question or issue for the Law
Buffalo Fire Department offers an opportunity to rehabilitate,
Department to look into, please identify it and we will respond
sometimes at great cost to the city. it should be emphasized
accordingly.
that our goal is to rehabilitate our personnel in whom we have
REFERRED TO THE COMMITTEE ON LEGISLATION
invested much and we believe that we have succeeded in that
endeavor. While sixty-four (641 fire personnel have tested
NO.35
positive to date, only seventeen (17) firefighters 0 4 African-
TREECUTTINGAT1106ELLICOTT
American, 1 Hispanic and 2 White) have been dismissed
ITEMNO.178,C.C.P.,9/16/97
Almost seventy-five percent (75%) of those department
You requested a response from the Law Department
members who have tested positive have rehabilitated and
regarding whether the City's tree ordinance was violated at
appear to be drug-free.
1106 Ellicott Street. Section 467-3 of the Code of the City of
Some department members have openly complained that they
Buffalo governs the abuse and mutilation of trees. Section
received too strict discipline for infractions of the department's
467-3(B) reads as follows.
rules and regulations. These firefighters have received very
B. This section shall apply to any tree, shrub or plant in the City
vigorous defense from their union before discipline was meted
of Buffalo oil ally public street, public park or public property,
out. In some cases redress was sought in a court of law to no
including those trees, shrubs and plants in the City of Buffalo
avail. Others sought relief from the EEOC which found no
between the public sidewalks and public street curbs.
Since 1106 Ellicott Street is on private property, the City's tree possible.
ordinance was not violated. The owners of 1106 Ellicott Street The initial concern of the Law Department was the potential
may seek redress for their losses against the entity responsible liability for the City by disseminating the arrest information in
for cutting down their trees. such a public fashion, Since this publication would take place
REFERRED TO, THE COMMITTEE ON LEGISLATION upon an arrest, not a conviction, we felt caution should be
exercised in the event an arrested john was found to be not
NO.36 guilty in a court of law. We were later advised that the intention
59BIRDAVENUE of this program is to broadcast the names of johns after their
LEONGLINSKI third arrest. That factor changed our perspective somewhat.
On May 16, 1997, a City of Buffalo Building Inspector The exposure of the City is significantly diminished if the john
inspected 59 Bird Avenue, Buffalo, New York and cited owner, has a prior record of such behavior. It would be our
Bachar D. Husami, with eight (8) violations of the New York recommendation that upon the second conviction and a
State Building Code. Mr. Husami plead guilty to the eight subsequent third arrest, John TV may broadcast the name.
violations of the Code. We consulted with the Erie County District Attorney's Office to
The property at 59 Bird Avenue has a long history of being find out how they would view such a program. It was
owned by different owners who let the property become run represented to us that they had no objection to the program as
down and dilapidated. The condition of the property did not long as the focus was on johns and other minor offenses.
improve during Mr. Husami's tenure of ownership. In sum, the They felt it could compromise certain drug crimes, but the
property has been vacant and hazardous for approximately prosecution of johns would not be hindered by the existence of
eight (8) years. John TV.
Based on the eight (8) year history of this property and the Currently, the City does not have an exclusive government
numerous owners who have been in Buffalo City Housing for access channel. Generally, cable television regulations prohibit
various Code violations, the current condition of the property, the City from exercising editorial control over the programming
the inspection reports, neighborhood complaints and the overall that appears on public access. However, cable television
general impact on an inner city neighborhood, Buffalo City regulations also allow the City to utilize time on the public
Housing Court Judge Michael L. Broderick ordered the access channel in the absence of a dedicated government
immediate demolition of the property. access channel. This use of public access is therefore
At the same time as the Housing Court proceedings, the permissible under State law and does not violate our cable
property was listed on the In Rem list for non-payment of back franchise agreement.
taxes. In that the Department of Neighborhoods Housing & As we broadcast the names of johns, we should include
Inspections determined that this property was not a prime language that informs the viewer that the person was arrested
candidate for immediate demolition it was not removed it from for an offense related to prostitution and advises that the
the In Rem sale. The property was sold at auction to Mr. Leon person is innocent until proven guilty. We can provide specific
Glinski for five hundred dollars ($500.00). At the time he wording for the advisory as the program becomes operational.
purchased the property, Mr. Glinski was unaware that the Though the Law Department finds the John TV proposal legally
Housing Court Judge had ordered demolition. Subsequently, viable, it still should be executed with due diligence. Any
Mr. Glinski appeared in Housing Court and was given until information broadcast should be checked carefully and
November 19, 1997 to make a good faith effort to repair some confirmed prior to going on air. If the program is expanded to
or all of the violations at 59 Bird Avenue. He then obtained City include other crimes, the exposure of the City increases.
building permits, purchased building materials and began to REFERRED TO THE SPECIAL COMMITTEE ON
repair the property. TELECOMMUNICATIONS
On November 19, 1997, it was reported that Mr. Glinski did
make some repairs, however, they were not to the satisfaction FROM THE COMMISSIONER OF COMMUNITY
of the Building Inspector or the Court. As a result, the Court DEVELOPMENT
ordered the demolition to proceed. A stay of the demolition was NO.38
sought in Erie County Court by Mr. Glinski's attorney, Karen L. MONTHLYREPORTOFLICENSESISSUED
Peterson. The County Court Judge indicated that he would INOCTOBER1997
stop the demolition of the building unless the City refunded the I am respectfully submitting the enclosed report of licenses
amount Mr. Glinski paid for the property and the building issued in the month of October 1997 by the Division of
permits and other amounts expended on repairing the building. Inspections, Licenses and Permits.
Mr. Glinski's attorney demanded five thousand dollars RECEIVED AND FILED
($5,000.00) to cover these costs. After extensive discussions.
this office negotiated a settlement in the amount of one NO.39
thousand five hundred fifty-five dollars ($1,555.00). In return, CLAIMSCOMMITTEE
Mr. Glinski would agree to waive any claim to ownership of the REFUNDREQUEST
property release the City of all liability and waive any claim to Mr. Coleman of 56 Cottage has requested a refund for the
the property that might delay demolition. Certificate of Occupancy fee.
A non-settlement of this matter would mean that Mr. Glinski The fee was paid April 1, 1996, which would bring it into the
could press his ownership rights thereby delaying the previous facial year. Attached you will see both the copy of the
demolition of this property. This property has been an eyesore refund request along with the copy of the check sent through
in a community that has been struggling to hang on for over the City Treasury/ deposited into the 402 Revenue account.
eight (8) years. Any delay in the demolition of this property REFERRED To THE COMMITTEE ON CLAIMS AND
would simply compound the problems in this neighborhood. CORPORATION COUNSEL-
Also, in that the City can collect the demolition costs from the
owner who had control of the property at the time it became NO.40
dilapidated and deteriorated, the City can seek to recover the FIRSTCHANGEINCONTRACTNO.91921300
demolition costs from Mr. Husarni. The cost of the demolition 1170BROADWAY
of this property is the responsibility of Mr. Bachar Husami. NEIGHBORHOODINFORMATIONCENTEROUTREACH
In light of the facts set forth above, the Law Department CENTER
requests that your Honorable Body authorize the settlement of During the construction of the above project certain items
this matter for the sum of one thousand, five hundred fifty-five that were unforeseen at the time of the bids were let, required
dollars ($1,555.00). attention. Therefore, we recommend that the following change
Mrs. LoTempio Moved: be made to Contract No. 91921300 with Lamparelli
That the Acting Corporation Counsel be and he hereby is Construction Company, Inc.:
authorized to settle the matter of Leon Glinski, 59 Bird Avenue 1. Door to Storage room
for the sum of One Thousand, five hundred and fifty-five dollars a. Material (door, frame, closure, lockset, etc.)Add:$600.00
($1,555.00) b. Labor Add $100.00
PASSED 2. Door between Office 201 & Hall - "B" Rated
AYES 13 NOES 0 a. Upcharge from regular door to "B" label Add $100.00
3. Drop Ceiling in Bathroom (storage) Add $ 75.00
NO.37 4. Miscellaneous patching and painting Add $100.00
JOHNTV 5. Patch flooring Add $150.00
ITEMNO.166,C.C.P.,5/13/97 6. 21 0 Linear feet of 3/4 round w/ installation Add $211.13
You requested a response from the Law Department 7. Build new shower wall and header to enclose unit
regarding the proposal to use public access television to Add $300.00
expose the names of those who solicit a prostitute (Johns"). 8 Three (3) boxes of cove base Deduct $210.60
We have investigated the issue and find such a proposal is Subtotal $1,425.53
GC Fee $ 142.00 the following information. The legal definition and use of the
Total $1,567.53 subject property has been a point of discussion since a letter
Contract Summary dated June 30, 1997 was sent to-Philip M Marshall, attorney for
Original Contract Amount $ 16,273.00 the owner and operator of 1715 Jefferson Avenue. Inspections
Change Order No. 1 (This Change) Add $ 1,567.53 performed by personnel of the Division of Inspections Licenses
New Contract Amount $ 17,840.53 and Permits has-shown the moneys'-expended in the
These cost have been reviewed and approved by Ronald W,. remodeling of this property has not exceeded the threshold
Bugaj Architect, project Architectural Consultant. detailed in Section 511-68.1 of the Charter and Ordinance of
Funds for this extra work is available in C.P.A. 201-717-006. the City of Buffalo. As previously stated in the communication
1 recommend the Your Honorable Body authorize the delivered to Mr. Philip M. Marshall, Permit Application Number
Commissioner of Community Development issue a change 234086 was filed on October 25, 1996 to use 1715 Jefferson
order to Lamparelli Construction Company, Inc., as set forth Avenue as a store, take out restaurant and one dwelling unit.
above. The legal use of record on file in the Office of Permits shows
Mrs. LoTempio moved: That Permit number 392114 was issued on June 19, 1913 for
That the communication from the Department of Public Works, 1715 Jefferson to be used as a store and two family dwelling in
dated December 4, 1997, be received and filed; and an R-2 Zoning District. This is considered a non-conforming
That the Commissioner of Community Development be, and he use. As application has been made to use this property as a
hereby is, authorized to issue change order No. 1, to Lamparelli store, take out restaurant and one family dwelling we in the
Construction Company, Inc., an increase in the amount of Division of Inspections Licenses and Permits consider this
$1,567.53. as more fully described in the above action a Change of "use" and feel that a review of this
communication, for work relating to the Neighborhood application should have been processed by the Hamlin Park
Information Center 1170 Broadway, C 91921300. Funds for Overlay review. It is my sincere hope that this response
this project are to be charged to C. P. A. 201-717-006. satisfies your inquiry.
PASSED REFERRED TO THE COMMITTEE ON LEGISLATION
AYES 13 NOES 0
NO.43
FROMTHECOMMISSIONEROFCOMMUNITYTRANSFEROFTITLE,URBANHOMESTEADPROGRAM
DEVELOPMENT 180JEWETT(CITYOWNED-VACANTLOT,DIMENSIONS
NO.41 30'X120')
FIRSTCHANGEINCONTRACTNO.91919300 The Department of Neighborhoods Housing & Inspections
1170BROADWAY has survey d th city-owned vacant lot at 180 Jewett Avenue, the
NIEGHBORHOODINFORMATIONCENTEROUTREACHparcel is 28' x 109’ in dimension; and it has been determined
CENTER that this parcel is inappropriate for either the construction of a
During the construction of the above project certain items that new housing or the construction of a Public recreation facility.
were unforeseen at the time of the bids were let, required Ms. Margaret Smith, residing at 176 Jewett Avenue indicated
attention. that she will clean, improve and maintain the lot in the event
Therefore, we recommend that the following change be made that she obtains title to the property under the Urban
to Contract No. 91919300 with Driscoll Electrical Construction Homestead program.
Inc.: We, therefore, recommend that the city-owned vacant lot to
1. Existing wiring off existing service: Add $385.00 be designated as a Homestead Property be transferred to Ms.
a. Terminate (box cover) all exposed knob & tube wiring in the Margaret Smith on the condition that the property is cleared
ceiling and walls on second floor only 7 ceilings & 2-sides and improved within (6) months and maintained in a sanitary
b. Install switches, receptacles, and blank plates as required manner.
(2nd/3rd Floors) REFFERRED TO THE COMMITTEE ON COMMUNITY
c. Prepare existing service equipment for city inspection (3rd DEVELOPMENT
Fir.)
d. Check and terminate all exposed electric wiring on the 3rd NO.44
Floor. TRANSFEROFTITLE,URBANHOMESTEADPROGRAM
2.Extras 62LESTER(CITYOWNED-VACANTLOT,DIMENSIONS14'
a. One exterior security light with photo control Add $275.00 X129')
b Stairwell-Provide and install one 1 x4 rap around fluorescent The Department of Neighborhoods, Housing & Inspections
fixture on three-way set-up Add $265.00 has surveyed the city-owned vacant lot at 62 Lester, the parcel
c. Bath-One GFCI outlet with new 20 amp circuit is 14' x 129' in dimension; and it has been determined that this
Add $170.00 parcel is inappropriate for either the construction of a new
d. Bath-GFCI protection for shower light Add $130.00 housing or the construction of a public recreation facility.
TOTAL $1,225.00 Mr. Joseph Vidal, residing at 64 Lester indicated that he will
Contract Summary clean, improve and maintain the lot in the event that he obtains
Original Contract Amount $13,300.00 title to the property under the Urban Homestead program.
Change Order No. I (This Change)Add $ 1,225.00 We, therefore, recommend that the city-owned vacant lot to
NewContractAmount 14,525.00 be designated as a Homestead Property and be transferred to
These costs have been reviewed and approved by Ronald W,. Mr. Joseph Vidal on the condition that the property is cleared
Bugaj Architect, project Architectural Consultant. Funds for this and improved within (6) months and maintained in a sanitary
extra work is available in C.P.A. 201-717-006. manner.
I recommend that Your Honorable Body authorize the REFERRED TO THE COMMITTTEE ON COMMUNITY
Commissioner of Community Development issue a change DEVELOPMENT
order to Driscoll Electrical Construction Inc.., as set forth
above. NO.45
Mrs. Lotempio moved: INVENTORYOFC.P.R.PROGRAM
That the communication from the Department of Public C.P.R.PROGRAMGUIDELINES
Works, dated December 4, 1997, be received and filed; and ROLEOFDIVISIONOFIN-REM
That the Commissioner of Community Development be, and WORKPLANFORDIVISIONOFIN-REM
he hereby is, authorized to issue change ordcr No. 1, to Pursuant to a request generated from a special meeting of the
Driscoll Electrical Construction Inc., an increase in the amount Community Development Committee, information has been
of $1,225.00, as more fully described in the above assembled to clarify the current position of the CPR Program
communication,for work relating to the Neighborhood and the Division of In-Rem.
lnfonnation Center Outreach Center-117O Broadway Attached, please find a chart which breaks down each BNRC
,C91919300. Funds for this project are to be charged to C. P. (CPR) property as well as it's current status. In addition, an
A. 201-717-006. updated draft of the guidelines for an as yet unnamed, updated,
PASSED rehabilitation program is included.
AYES-13, NOES-0 Finally, as requested you will find a plan for the Division of In-
Rem, as well as a brief comparison of the Division of InRem
NO.42 versus the Division of Real Estate.
"C.THOMAS-REQ.HRG.1715JEFFERSONAVE. Please notify me should there be additional information
NON-COMPLIANCE/HAMLINPK.OVERLAY" necessary to satisfy the request made by the Honorable Body
ITEMNO.66,C.C.P.11/12/97 of the Community Development Committee.
In response to the above stated Common Council REFERRED TO THE COMMITTEE ON COMMUNITY
communication, I would like to supply your Honorable Body with DEVELOPMENT
violations exist, they must be cleared up by the
NO.46 homesteader before the homestead of the property is
RESULTOFNEGOTIATIONS processed.
851SENECASTREET 3. Letters are sent to adjoining property owners when the
LOTSIZE:251X81’,221'EOFGRIFFIN homestead request involves a vacant lot. It must be
ASSESSEDVALUATION: determined that the vacant lot cannot be sold in order to
LAND:$3,500 be eligible for homesteading. If an adjoining property
The Department of Community Development, Division of In-owner expresses interest in purchasing, the vacant lot is
Rem Properties has received a request from Luis F. Rodriguez, sold and not eligible for homesteading.
to purchase the above mentioned vacant lot. Mr. Rodriguez If the homestead request involves a single or two family
owns the adjoining building and intends to acquire the lot and home, the homesteader is required to provide proof of
use as additional yard area. financial ability to correct and repair existing code
The Department of Community Development has no objection violations. The Department of Community Development
to the sale. The Division of Collections has advised that there will offer assistance to the homesteader with low interest
are no outstanding taxes, fee's or other liens owed to the City loans and technical assistance, if necessary.
by the purchaser. 4. When all clearances have been obtained, a
An independent appraisal of the property was conducted by communication is prepared by the Commissioner of
David Burnette, appraiser, Arrow Appraisal Services, 3790 Community Development and the Comptroller and sent
Broadway Street, Cheektowaga, New York. He has estimated to the Common Council recommending the homestead.
the fair market value of the property to be Eight Hundred If the homestead is approved by the Common
5.
Dollars ($800). This represents approximately Thirty-Nine
Council, the homestead is sent to the Corporation
cents (.39) per sq. ft. for the subject property. The Division of
Council's Office and a deed is prepared for execution by
In-Rem staff concurs with the appraisers estimate of value.
the Mayor. The transfer is conditional upon specific
The results of our negotiations are that Mr. Rodriguez has
ternis, i.e. all repairs to be completed within 18 months of
agreed and is prepared to pay Eight Hundred Dollars
the transfer
($800.00)for the property. He has also agreed to pay for costs
and homesteader must occupy for period of 36 months
of the appraisal, transfer tax and cost of the legal description.
(when homes are involved); property is cleaned and
I am recommending that Your Honorable Body approve the
improved within 6 months and maintained in a sanitary
sale of 851 Seneca Street to Luis F. Rodriguez in the amount
manner for at least 36 months (when vacant lots are
of Eight Hundred dollars ($800). I am further recommending
involved.).
that the Corporation Counsel prepare the necessary
The above is a general outline of the homestead
documents for the transfer of title and that the Mayor be
process. If you have any questions, please call the
authorized to execute the same.
Division of In-Rem Properties at extension 5261.
Mrs. Lotempio moved:
REFERRED TO THE COMMITTEE ON COMMUNITY
That the above communication from the Commissioner of
DEVELOPMENT
Community Development dated December 10, 1997, be
received and filed; and
NO.48
That the offer from Luis F. Rodriguez, in the sum of Eight
SENECA-CAZSENIORHOUSINGPROJECT
Hundred Dollars ($800) for the sale of 851 Seneca Street, be
AMENDMENTOFLANDDISTRIBUTIONAGREEMENT
and hereby is accepted; and
SENECA-CAZENOVIACOMMUNITYSQUARECORP.
That the appraisal requested by the City of Buffalo shall be
The City of Buffalo Urban Renewal Agency has previously
paid by the purchaser; and
duly designated Seneca-Cazenovia Community Square Corp.,
That the transfer tax, recording fees and cost of legal
as the qualified and eligible Redeveloper for the subject project.
description shall be paid by the purchaser; and
Please be advised that in accordance with the provisions of
That the Acting Corporation Counsel be authorized to
Article 15 A of the New York State General Municipal Law of
prepare the necessary documents for the transfer of title and
the State of New York, it is now necessary for Your Honorable
that the Mayor be authorized to execute the same, in
Body to set a date for a public hearing, and to direct the
accordance with the terms of sale upon which the offer was
publication of the appropriate notice of said hearing. In the
submitted.
interest of time and in the anticipation that your Honorable Body
PASSED
desires to expedite this matter, I have taken the liberty of
AYES-13, NOES-0.
preparing the appropriate Resolution together with the Notice of
Public Hearing for your attention and action.
NO.47
Presented herewith are the following documents:
RE:HOMESTEADPROGRAM
1. Resolution setting Public Hearing
Attached is a copy of the City of Buffalo Urban Homestead
2. Notice of Public Hearing
Program which was approved by the Common Council as part
3. Resolution Approving proposed Amendment
of the Urban Renewal Plan for the Community Wide
to Land Disposition Agreement
Demonstration Program in 1974. The Buffalo Urban Renewal
4. Proposed Amendment to Land Disposition
Agency was designated as the coordinator of Buffalo's
Agreement
Homestead activities.
After the Public Hearing is held, your Honorable Body may
It should be noted that over the past several years, staff from
adopt a resolution approving and authorizing the disposition of
Community Development have been coordinating the City's
the land, as amended to Seneca-Cazenovia Community Square
Homesteading activities. Community Development continues
Corp., which the City of Buffalo Urban Renewal Agency, has
to utilize the staffs from the Comptroller's Office, Urban
duly designated as being a qualified and eligible Redeveloper.
Renewal and other government agencies to process
REFFERRED TO THE COMMITTEE ON COMMUNITY
homesteading requests.
DEVELOPMENT
The following is an outline of the established policies and
procedures for the homesteading of City-owned vacant lots,
FROMTHECOMMISSIONEROFSTREETSANITATION
single and two family homes:
NO.49
1. Each request to homestead is reviewed on an individual
RE:INFORMATIONALCOMMUNICATIONDIRECT
basis. The request from the purchaser should include
HAULING
name, address, telephone number and intended use for
The Street Sanitation Department has developed a direct haul
the property. All homestead requests should be
program. As part of this program, 75,000 tons of refuse have
forwarded to the Department of Community
been targeted for direct haul to our disposal facility at Modem
Development, Division of In-Rem Properties for
Landfill.
processing.
To accomplish this task, the department has purchased four
2. Clearances are obtained from the staff of Community
tractor trailers to haul refuse, and have constructed a portable
Development and B.U.R.A. to determine that the subject
ramp for loading purposes.
property is not needed for public purpose or
To achieve the goal of 75,000 tons, four portable transfer
development. If needed for public purposes or
stations will be needed. This will allow the Street Sanitation
development, property is not eligible for homesteading
Department the ability to haul 50,000 tons total (each site has a
and land banked by the City.
limit of 12,500 tons per year that could be hauled without
Clearance is also obtained from the Division of
needing a permit) from the four sites, with the balance of
Collections to determine that the homesteader does not
25,000 tons to be hauled by packer trucks directly off their
owe taxes, have any other liens owed to the City of
routes.
Buffalo or have existing code violations on property
Our first site was at Broadway Garage. We are nearing
owned by the homesteader. If any liens or code
completion at this site. During its operation since October,
there have been no complaints from residents, or any problems Task Force.
with the New York State Department of Environmental The Board understands that the item was referred to the
Conservation. It has proven to be a very clean and efficient Education Committee and the Board will be reviewing the draft
system. in tne next few weeks.
The next site that we will be using is at 90 Hopkins Street. The Board needs clarification on whether the draft is the item
This property is City owned, and is behind an existing junk to be considered or will a final version be forthcoming.
yard. The site will be cleaned by the Inner City Pallets (a REFERRED TO THE COMMITTEE ON EDUCATION
woman owned business (WBE) and Street Sanitation
Department staff in conjunction with Erie County's construction FROMTHECITYCLERK
and demolition debris recycling project. Many tons of pallet will NO.55
be recycled from this site at no charge to the City. SUBJECT:PERMISSIONTOTRADEINANUPGRADE
We anticipate operating at this site from February until June EQUIPMENTFORCOUNCILANDCOUNCILREPORTER.
of 1998. Request permission to trade in Council Committee Reporter
REFERRED TO THE COMMITTEE ON LEGISLATION Equipment for Upgrade to system that will accomodate
Windows 95 and Type in Real Time.
FROMTHECOMMISSIONEROFADMINISTRATIONAND Charles Michaux III
FINANCE City Clerk
NO.50 Mrs. LoTempio Moved:
MEMORANDUMOFAGREEMENT That the City Clerk be and he hereby is authorized to trade in
SR.TAXADMINISTRATOR Council Committee Reporter Equipment for an upgrade to the
Attached is a Memorandum of Agreement between the City system that will accomodate Windows 95 and type in real time.
and Local 650 upgrading the salary of the Sr. Tax PASSED
Administrator. A Salary Ordinance Amendment implementing AYES-13, NOES-0
this agreement has been filed with the Council.
REFERRED TO THE COMMITTEE OK CIVIL SERVICE NO.56
MAYORREPORTEDOUTOFSTATE
FROMTHECOMMISSIONEROFHUMANSERVICES, I transmit herewith a communication received by me from the
PARKSANDRECREATION Mayor, reporting his absence from the state from Monday,
NO.51 December 15, 1997 at I 1:00 a.m. until Tuesday, December 16,
DIFFERENCEINPAY-NATHANIELHARBINII 1997 at I 1:00 a.m..
Mr. Nathaniel Harbin 11, Substance Abuse Specialist, began RECEIVED AND FILED.
worker's compensation October 6, 1997. pursuant to the City
Ordinance, Chapter 35, Article VT, Sec.22, each employee is NO.57
entitled to a difference in pay allowance under porvision of the DISPOSITIONOFCITYRECORDS
Workers Compensation Law. The following departments have requested to dispose of
Mr. Nathaniel Harbin II is entitled to a difference in pay as City Records as indicated on the attached forms. Based on the
follows: information provided I have authorized the disposition of these
Deductions: $ 121.00 Federal records in my capacity as City Records
41.10 State AUDIT & CONTROL, HOUSING INSPECTION
34.46 Retirement RECEIVED AND FILED.
87.88 FTCA/Medicare
- $284.44 Deductions NO.58
Grosss Salary $1,148.73 AUTOALLOWANCE
less deductions 284.44 The following departments have filed the required certificate
NET PAY 864.44 relative to the granting of automobile transportation allowances
less worker's comp. 700.00 for employees in their respective
DIFFERENCE $164.29 departments:
Mrs. Lotempio moved: HUMAN SERVICES, PARKS & RECREATION
That the above communication from the Cornmissioner of
Public Works dated December 5, 1997, be received and filed; NO.59
and LIQUORLICENSEAPPLICATIONS
That the Comptroller be, and he hereby is authorized to pay Attached hereto are communications from persons applying for
Nathaniel Harbin 11, a Substance Abuse Specialist, in the liquor licenses from the Erie County Alcohol Beverage Control
Division of Substance Abuse Services the amount of $164.29 Board.
for difference in pay allowance under the provisions of the
Workers' Compensation Law. Address Business Name Owner's Name
PASSED
AYES-13, NOES-0 1989 Niagara St. Casey's Dock Patrick J. Kelleher
141 Elm St. Elmark Corporation Patrick J. Kelleher
FROMTHEBOARDOFEDUCATION RECEIVED AND FILED
NO.52
SCHOOL#33ADMISSIONPOLICY NO.60
#6012/09/97 LEAVESOFABSENCEWITHOUTPAY
Ms. Starr's daughter, Angela has been assigned to School #33 I transmit herewith notifications received by me, reporting The
as of 11/26/97. granting of the leaves of absence without pay, in the various
RECEIVED AND FILED departments as listed:
Comptroller- Thomas Cavaretta
NO.53 PublicWorks- Robert Honour
BOARDOFEDUCATIONPOLICYON Street Sanitation- Sean CooLey, Matthew Rainero
UNEXCUSEDABSENCES Human Services, Parks/Recreation- Mary Adamski
RES.#15411/12/97 Laura Lonie
Attached please find a copy of New York State Law Section RECEIVED AND FILED.
3213 (2)(c) which is followed by the School District as it relates
to truancy. NO.61
Both the classroom and attendance teacher share the REPORTSOFATTENDANCE
responsibility of bringing to the attention of the Building I transmit herewith communications received by me, from the
administrator or designee, any problems regarding attendance. various boards, commissions, agencies and authorities
Schools with assigned Attendance aides make daily calls as reporting the membership attendance at their respective
needed to the homes of absent students. meetings:
REFERRED TO THE COMMMITEE ON EDUCATION Buffalo Sewer Authority
RECEIVED AND FILED.
NO.54
CHARTERSCHOOLS,VOOUCHERS NO.62
#12012/09/97 NOTICESOFAPPOINTMENTS-COUNCILINTERNS
The Board of Education has been monitoring the work of the I transmit herewith appointments to the position of Council
Task Force on charter schools and vouchers. The full board Intern.
has just received a copy of the draft version proposed by the Mrs. LoTempio moved the approval of the appointments to the
position of Council Intern. Appointment Effective December 9, 1997 in the Department of
ADOPTED. Assessment to the Position of Senior Tax Clerk,Temporary, at
Appointment Effective:December 16,1997 in the Department of the Minimum Starting Salary of $24,551
Common Council to the Position of Intern I at the Flat Secret S. Thompson, 67 Madison St, Buffalo, NY 14206
Starting Salary of $7.00 per hr. Louis Furnerelle, 87 Ashland Appointment Effective February 24, 1997 (Amended) in the
Ave, Buffalo, 14222 Department of Community Development Division of
Appointment Effective: December 8, 1997 in the Department of Development to the Position of Project Manager, Provisional, at
Common Council to the Position of Intern V at the Flat the Minimum Starting Salary of: $27,099, Mr. Francisco
Starting Salary of $8.00 per hr. Derek Bateman 457 Richmond Guzman, 134 Norwood Avenue Buffalo,New York 14222.
Ave Buffalo, 14222 Appointment Effective December 15, 1997 in the Department
Appointment Effective: December 16, 1997 in the Department of Community Development Division of Inspections, Licenses
of Common Council Division of to the Position of Intern V at the & Permits to the Position of Building Inspector (Temporary)
Flat Starting Salary of $8.00 per hr. Maria Quintana, 396 (Amended) at the minimum
Vermont, Buffalo, 14213 Starting Salary of $ 34,654 Frank Sandrelli Jr, 2448 Delaware
Appointment Effective: December 12, 1997 in the Department Avenue Buffalo, NewYork 14216.
of Common Council Division of to the Position of Intern VI at Appointment Effective December 29, 1997 in the Department
the Flat Starting Salary of $10.00 per hr. Anna Gustina, 111 of Community Development Division of Inspections, Licenses
University Avenue, Buffalo, NY 14214 & Permits to the Position of License Inspector, Permanent, at
Appointment Effective:December12, 1997 in the Department of the Minimum Starting Salary of:
$
Common Council to the Position of Intern V at the Flat Starting
29,751, James Kaney, 310 Linden Avenue, Buffalo,New York
Salary of $8.00 per hr. Jennifer Stockman, 34 Norwalk, Ave,
14216.
Buffalo 14216.
Appointment Effective December31,1997 in the Department of
Human Services Division of Parks to the Position of Account
NO.63
Clerk Typist, Provisional, at the Minimum Starting Salary of:
APPOINTMENTS-MAYOR'SYOUTHOPPORTUNITY&
$22,884 Barabara Lewis, 31 Carlyle Ave, Buffalo 14220.
EMPLOYMENT
Appointment Effective December 15,1997 in the Department of
I transmit herewith appointments made in the Mayor's Youth
Human Services Division Of Recreation to the Position of
Opportunities and Employments Programs.
Community Recreation Aide, Provisional, at the Minimum
RECEIVED AND FILED.
Starting Salary of $ 24,993, Dominic Bonifacio, 492 Normac
Appointment Effective December 12, 1997 in the Department
Buffalo 14213.
of the Mayor’s Office to the Position of Intern II at the Flat
Appointment Effective Decemeber 5, 1997 in the Department
Starting Salary of $5.15/hr Lisa Phillips
of Police to the Position of Crossing Guard at the Minimum
606 E. Ferry St, Buffalo, N.Y. 14211
Starting Salary of $6.09
Marion Tyes, 591 N. Division St. Buffalo, NY 14210
NO.64
Marsha Davis, 31 Norway Park,Buffalo, NY 14208
NOTICESOFAPPOINTMENTS-SEASONAL/FLAT
Alice Callahan, 26 Devon Green Ct., Buffalo, NY 14204
I transmit herewith certificates received by me, reporting
Bernice Lee, 312 Rother Ave. Apt.D, Buffalo, NY 14211
seasonal and flat salary appointments made in various
Linda Cavarella, 60 Ridgewood Rd., Buffalo, NY 14220
departments.
RECEIVED AND FILED.
NON-OFFICIALCOMMUNICATIONS,PETITIONSAND
Appointment Effective December 8, 1997 in the Department of
REMONSTRANCES
Administration and Finance Division of Parking Enforcement to
NON-OFFICIALCOMMUNICATIONS
the Position of Laborer I at the Flat Starting Salary of: $6.22
NO.67
Loretta Mathewson 454 Breckenridge Avenue Buffalo 14213
CAFFEAROMA
Appointment Effective December 5, 1997 in the Department of
APPROVALTOOPERATION-CONDITIONS
Public Works Division of Buildings to the Position of Senior
I am in receipt of your letter pointing out that I am in violation of
First Class Stationary Engineer at the Flat Starting Salary of: $
my conditional approval to operate.
7.33 John M. Meegan 137 Eden Street Buffalo 14220.
Please accept my apologies, I did not intend to offend the
Appointment Effective December 5, 1997 in the Department of
Common Council nor my neighbors. When I first opened Caffe
Public Works Division of Buildings to the Position of Second
Aroma, I had no intentions of serving beer or wine. In response
Class Stationary Engineer at the Flat Starting Salary of $ 5.63
to customer requests, I applied to the SLA for a license to
Mark Cassidy, 196 Mackinaw Street Buffalo 14204
serve wine and beer, which was granted.
Appointment Effective December 16, 1997 in the Department
Let this letter serve as my request to the Common Council for
of Street Sanitation to the position of Seasonal Laborer at the
permission to serve Beer and wine.
Flat Starting Salary of 6.92 per hr.Donald H. Ventola, 169 Virgil
Please advise as to how I should proceed.
Avenue Buffalo, N.Y. 14216
REFERRED TO THE COMMITTEE ON LEGISLATION,
Appointment Effective December 10, 1997 in the Department
CORPORATION COUNSEL AND CITY PLANNING BOARD.
of Street Sanitation to the position of Seasonal Laborer II at the
Flat Starting Salary of $6.92 per hr. Howey J. Giomundo, 439
NO.68
Forest Avenue, Buffalo, New York 14213
CONCERNEDCITIZENSAGAINSTPOLICEABUSE
Appointment Effective December 12, 1997 in the Department
ISSUESOFPOLICINGANDABUSE
of Street Sanitation to the position of Seasonal Laborer II at the
Concerned Citizens Against Police Abuse has
Flat Starting Salary of $ 6.92 hr Marcellus Osborne, 165
repeatedly requested hearings (official) on issues of Police
Wecker Street, Buffalo, N.Y. 14215
Brutality and Police Misconduct.
Appointment Effective December 8, 1997 in the Department of
Election time has come and gone and no one has
Public Works Division of Buildings to the Position of Laborer I
"honestly" nor aggressively, addressed these issues or has
at the: Minimum Starting Salary of $9.57 hr. Warren K.
recognized this disgrace, locally or nationally.
Galloway,111 West Humboldt Parkway,Buffalo 14214
We continue to hear horror stories of people falling
victim(s) to a significant segment of rogue officers who
NO.65
disregard the human and civil fights of residents and ignore or
NOTICESOFAPPOINTMENT-SEASONAL-LABORERI
have a warped sense of justice, due in part to training, lack of
(PKG.ENFORCEMENT)
training, personal handicap(s).
Christopher M. Dipasquale, 126 Commonwealth Avenue,
We observed all media's account of "Policing Issues":
Buffalo 14216
A. Wife of Detective slashes woman in face (gets oM.
NO.66
B. Lt. Schuta pulls weapon (gun) while drunk on
APPOINTMENTS-TEMPORARY,PROVISIONALOR
residents. Known for substance abuse for years.
PERMANENT
C. Officers charged with bank fraud - (also involved in
I transmit herewith Appointments in the various departments
U.B. students charges of brutality and misconduct).
made at the Minimum (Temporary, Provisional or Permanent)
D. Officers selling weapons/equipment.
and for Appointments at the Maximum (as per contract
E. Officers using/selling drugs.
requirements) .
F. Questionable sick leaves.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
G. Sexual harassment of female officers and residents.
Appointment Effective December 9, 1997 in the Department of
H. Racial and other slurring remarks by officers to
Assessment to the Position of Real Property
residents.
Appraiser,Permanent, at the Minimum Starting Salary of
I. Officer(s) accused of domestic violence.
$32,971, Maria D. Garozzo-Payne, 208 Commonwealth Ave
J. Illegal use of privileged information.
Buffalo, NY 14216
K. Harassment, intimidation of residents during/or after
arrest(s). Trocaire College to Choate Street residents regarding
L Abusive and misuse of officers authority Trocaire's construction project.
and collaboration of fellow officers to cover up their REFERRED TO THE COMMITTEE ON LEGISLATION AND
improprieties. COMMISSIONER OF PUBLIC WORKS.
M. Lack of adequate and competent supervision of
precincts and its officers. NO.72
N Failure to ensure all residents a safe and comfortable HISCOCK&BARCLAY
.
NIAGARAMOHAWK-VAR.LOC-
place to file complaints. (Residents are denied PSD
NIAGARAMOHAWKPOWERCORPORATIONV.CITYOF
access and are referred back to precinct. This poses
BUFFALO
a threat to the victim.)
INDEXNO.I1997/2439,1997-98TAXYEAR
0. Violation of pepper spray policy. (Medical treatment
INDEXNO.I1997/2441,1997-98TAXYEAR
often denied).
INDEXNO.I1997/2442,1997-98TAXYEAR
P. Violation of victims' civil and human fights (beating,
INDEXNO.I1997/24431997-98TAXYEAR
spraying after being handcuffed or under control by
ITEMS22AND23ONAGENDAFORDECEMBER2,1997
abusive police officers>)
COMMONCOUNCIL
Q. Abusive treatment by police officer when resident
FINANCECOMMITTEEMEETING
requesting name-badge, why stopped.
(C.C.P.#28,NOVEMBER12,1997)
R. Abusive use of "court time" for overtime/pay.
(C.C.P.#15,NOVEMBER25,1997)
S. Abusive use of "weapons."
On behalf of Niagara Mohawk Power Corporation ("Niagara
There are few witnesses, except for officer's co-
Mohawk") I appeared at the December 2, 1997 Common
worker(s) but when there are witnesses, their word is rarely
Council Finance Committee to make a presentation and answer
accepted, much less recognized. (For example, victim
questions regarding the above-referenced matter. The Finance
videotaped).
Committee requested that I provide the following information
We respectfully request under F.O.I.L., that a copy
and file it with your office prior to its next meeting on December
of the Buffalo Police Department and the P.B.A. Professional
16, 1997.
Standards provide a complete document outlining:
1. Geographical Area Served by the Dewey Avenue
A. Investigative process (start to finish).
Service Center and the Nature of Services Provided
B. How the concluding decision(s) are made and by
The Dewey Avenue Service Center is located at 93 Dewey
whom.
Avenue in the City of Buffalo. Although portions of the Service
C. Internal disciplinary processes and rank
Center serve a variety of areas in Western New York, the
demographics of officers (racial bias).
Center is particularly vital to maintaining the quality of service in
D. Process to monitor officers and complaints filed
the City of Buffalo itself. The Dewey Kensington facility is
against them.
multi-purpose. Every function currently housed at that complex
E. Policies that identify the officer(s) carrying a weapon
directly supports Niagara Mohawk operations in the city of
who has a substance abuse problem.
Buffalo. Many of those functions, however, also support our
F. Who is responsible for their discipline due to abuse
operations throughout Western New York. The Power Control
of illegal substances.
center, for instance, monitors the flow and delivery of energy
REFERRED TO THE COMMITTEE ON LEGISLATION AND
throughout the city, but does the same work for our
COMMISSIONER OF POLICE.
transmission network throughout Western New York.
There is no clear delineation between what serves Buffalo vs.
NO.69
what serves the remainder of our operation. Many departments
B.LOCKWOOD
are cross-functional and the application of resources depends
GELINMACSTORAGE-USE20BUFFALORIVER
on current needs. For instance, if extra help were needed for
(NO.65,C.C.P,NOV.25,1997)
an
Attached please find information regarding the
emergency restoration outside the city, crews located at Dewey
Gelinmac Quality Feeds item which is currently in the Council's
Avenue would be dispatched. Likewise, if our city-based crews
Legislation Committee (CCP 65, November 25, 1997).
needed assistance, we would call in crews from our Amherst,
For your information and edification, I have attached the
Tonawanda or Niagara Falls centers.
following:
The following is a brief description of the various departments
1. Letter from Gary Ziolkowski, City of Buffalo
that occupy the buildings located at the Kensington/Dewey
Director of Inspections, to Gelmac Quality
Complex:
Feeds, c/o Mr. Alan R. Glean
BLDG #1: Machine Shop/Transformer Shop/Communications
2. Written report from City of Buffalo Chief
Department/Meter & Test/Service Department/Relay
Plumbing Inspector Anthony A. Ando
Department
3. Buffalo Sewer Authority Memoranda-n regarding
BLDG #2 and #6: Engineering/Meter Reading/Field
results of inspection at Gelinmac
Collectors/Right-of-Way/Corporate Nurse/Archives
4. Memorandum from Council Staff member Bill
Department/Organizational Services/System
Nowak to Rick Ogorek regarding results of inspection
Training/Line Department/Cable Department/Trouble
Copy of Gelinmac Storage, Petition to Use 20
5.
Department
Buffalo River, CCP #172, September 17, 1996
BLDG #4: Power Delivery Department
regarding restricted uses
BLDG #4 and #5: Facilities and Forestry Departments
6. City of Buffalo Department of Neighborhoods,
BLDG #13: Transportation Department
Housing, and Inspections - Notice of Violation
BLDG #14: TSD Facility
7. City of Buffalo Department of Inspections,
BLDG #15: Underground Construction and Inspection
Licenses, and Permits, Electrical Section -
BLDG#16 and #17: Trouble Office/Regional
Notice of Violation
Control/Safety/various offices for inside functions
I respectfully request that this item be referred to
BLDG # 19: Streetlighting Department
OSHA, the City Planning Board, and the Committee on
BLDG # 21: Storeroom
Legislation.
2. Nature and Extent of Ownership of Utility Poles
REFERRED TO THE COMMITTEE ON LEGISLATION, CITY
and Street Lights in the City
PLANNING BOARD, AND OSHA.
Utility poles used for the distribution of electricity in the City are
generally owned by Niagara Mohawk although it is not
NO.70
uncommon that pole ownership is held jointly with a telephone
B.LOCKWOOD
or cable company.
TAXCOLLECTIONPROCEDURE
In regard to street lighting facilities, Niagara Mohawk owns the
Attached please find a memorandum I received from South
conduit, wire and cable and the street lamps associated with
District resident Sande Nowakowski regarding a problematic
the street lighting poles. The poles themselves are owned by
situation with tax collection procedures.
the City with some limited exceptions. What Niagara Mohawk
REFERRED TO THE COMMITTEE ON FINANCE,
owns in this regard is listed on the current schedule with the
CORPORATION COUNSEL, COMMISSIONER OF
monthly bill which Niagara Mohawk sends to the City. In
ASSESSMENT AND DIVISION OF TREASURY.
addition, the City's Department of Public Works has this
information regarding street light pole ownership.
NO.71
3. Copies of the Petitions filed with New York State Supreme
B.LOCKWOOD
Court by Niagara Mohawk to Challenge its 1997 Assessments
INFO.ONTROCAIRECOLLEGECONSTRUCTION
Copies of the Petitions are attached.
PROJECT
4. Breakdown of Properties by Address and S.B.L.
Attached please find a memorandum from Timothy Maloney of
Number Whose Assessments Niagara Mohawk has Contested FRANCZYK
Pursuant to Article 7 of the Real Property Tax Law This is in response to your letter to HUD Buffalo
The breakdown requested is included in the attached Article 7 Area Coordinator Kenneth LoBene dated December II, 1997
Petitions referred to above in Response 3. Most of these regarding the above-referenced subject.
properties do not have addresses since they are distribution The issue addressed 'in the proposed resolution is
equipment. of great concern to this office. Helping to create
Finally, I respectfully note that the information requested by the homeownership opportunities and build better neighborhoods is
Finance Committee is not relevant to any legal or factual issues the Department's primary mission. Anyone who is using a
involved in the determination of value of the subject properties Departmental program in a manner that is not consistent with
for purposes of these tax certiorari proceedings. If the Finance this mission is going to be pursued to the fullest extent
Committee needs any additional relevant information please possible.
contact me. Please notify this office when the Buffalo Common
RECEIVED AND FILED. Council passes this resolution and forward a certified copy of
the resolution to us upon adoption. The Buffalo HUD office will
NO.73 respond to this matter once the full Common Council has
NYSDEC acted.
APPLICATION-CLINTONDISPOSAL REFERRED TO THE COMMITTEE ON FINANCE.
1346SOUTHPARK-DEBRISPROCESSINGSITE
Operation of a 4 acre construction and demolition (C&D) debris NO.77
processing site with an approved design capacity of 200 tons U.S.DEPT.OFJUSTICE
per day of uncontaminated solid materials. This facility was FBI-RESPONSETOFHA/HUDMORTGAGESCAMS
previously operated as a C&D disposal site (ID# 15WO71) in (CCP.#228-12/9/97)
accordance with registration provisions. The proposed This letter will serve as acknowledgment
operating hours of the facility is 6 a.m. to 7 p.m. Monday of your letter dated December 11, 1997, and received at the
through Friday and 6 a.m. to 2 p.m. on Saturday, 52 weeks per Buffalo Office of the Federal Bureau of Investigation (FBI) on
year. The facility is located at 1346 South Park Avenue, across December 17, 1997, and as memorialization of a telephone
the street from Germania Street, approximately 1,500 feet conversation occurring between FBI Supervisory Special Agent
northwest of the intersection of Bailey and South Park Paul Mark Moskal and yourself on December 18, 1997.
Avenues. As discussed in referenced telephone
REFERRED TO THE COMMITTEE ON COMMUNITY conversation, the FBI is a component of the Department of
DEVELOPMENT. Justice and as such must follow its administrative rules and
practices. It is the policy of the Department of Justice in
NO.74 general, and the FBI in particular, neither to confirm nor deny
NYLOTTERYGAMES any agency investigative matter. This is to protect the integrity
GOLDENCORNERFOODMARKET of any such ongoing investigation as well as the privacy
1715JEFFERSONAVENUE interests of the parties which may be involved. Therefore, with
Following, as we discussed, is a copy of the letter respect to page three of your referenced communication, it
mailed to Council Member Brown enclosing copies of Lottery would be violative of Department of Justice policy and
Division records concerning the referenced location. regulation to comment as to the existence of any FBI
Please note that the Lottery records show May 20, investigation which has not become a matter of public record.
1996 as the last date that a Lottery computer terminal was used In the same vein, it would also be inappropriate for the FBI to
at the location. The Lottery records also show that Instant offer legal advise as to whether or not a third party's acts are
Cash Lottery tickets were last purchased (at wholesale) by the violative of Federal law.
Golden Corner Food Market on July 12, 1996. However, the It is noted from handwritten notes on
Lottery records do not show whether any retail sales of Instant Councilman Franczyk's Resolution that copies of the
Cash Lottery tickets were made after May 20, 1996. Lottery referenced document were also forwarded to the Department of
records do not show whether the business was open after May Housing and Urban Development (HUD), the New York State
20, 1996. Attorney General (NYSAG), and the United States Attorney's
I hope this information Is helpful to you. As I (USA's) Office for the Western District of New York. Those
mentioned during our telephone conversation, the Division of agencies of course have separate responsibilities and
the Lottery does not intend to attend the Common Council operational parameters and can/should be contacted directly
meeting regarding 1715 Jefferson Avenue since no Lottery for comment, if any.
employee can provide any further information beyond what is Finally, this office would be interested in
shown in the following records. obtaining any information which you have in your possession
Please telephone me at 518-388-3408 if you have any which would fall under its investigative jurisdiction and which
further questions. may warrant further investigation. In that regard, please feel
REFERRED TO THE COMMITTEE ON LEGISLATION free to contact me directly regarding any such information. Of
course, such information would be reviewed and acted upon by
NO.75 the FBI, as merited, in conjunction with the appropriate review
G.SCRUGGS by the United States Attorney's office.
HEALTHCARECENTER-RES.DRUGTREAT. REFERRED TO THE COMMITTEE ON LEGISLATION.
FACILITY-HEMPSTEADCOURT
This letter is to advise you that the NO.78
Geneva B. Scruggs Community Health Care Center, Inc. in HISCOCK&BARCLAY,LLP
conjunction with Lakeshore Behavioral Health Corporation NIAGARAMOHAWKPOWERCORPORATIONCITYOF
proposes to develop a residential drug treatment facility for BUFFALO
homeless women and their children, on Hempstead Court in RPTLARTICLEITAXCERTIORARIPETITIONSFOR1997
the Kenfield Housing Complex. This facility will be funded by Based on the voice mail message I received from Joyce Manch
New York State Office of Alcoholism and Substance Abuse on December 22, 1997, it is my understanding that at the
Services, and the U.S. Department of Housing and Urban December 22 Caucus of the Common Council, the Council
Development. The proposed facility will be jointly operated by expressed its interest to return to the Finance Committee the
the Geneva B. Scruggs CHCC, Inc. and Lakeshore, providing Settlement Agreement which was negotiated by Niagara
drug and substance treatment services on a 24 hour basis, 7 Mohawk, the Commissioner of Assessments and the City of
days per week. The two agencies proposes to lease the Buffalo Department of Law. As we have explained on various
residential buildings from Buffalo Municipal Housing Authority. occasions to you and as I stated at both my appearances
Pending approval of the two agencies before the Finance Committee on December 2 and 16, 1997,
Certificate Of Need (CON), the proposed facility anticipates this proposed Settlement Agreement needed to be finalized by
operation to begin on or before March 31, 1998. We will, the Common Council no later than December 23, 1997-
however, keep you informed of the status. Otherwise, it would be necessary for Niagara Mohawk to make
If you have any questions, or concerns, the second half City tax payment by December 31, 1997 at the
please feel free to contact me at 894-3556. previous assessment. The proposed Settlement Agreement
RECEIVED AND FILED depended in large part on Niagara Mohawk not having to make
the second half tax payment at the inflated 1997 assessed
NO.76 valuation. It is no longer possible to accomplish this since
INVESTIGATEFHA/HUDMTGE.SCAMS consideration of the proposed Settlement Agreement is being
(CCPNO.118,12/9/97) return to the Finance Committee.
PROPOSEDRESOLUTIONOFCOUNCILMEMBERAccordingly, Niagara Mohawk hereby withdraws its offer to
settle this case on the terms set forth in the Settlement his Detective duties in the Buffalo Police Department.
Agreement. We intend to go forward with this litigation and, of Several items of clothing were damaged from a spring
course, will be filing administrative complaints to challenge sticking out of an unmarked
various of our assessments on the tentative assessment roll for Police Car. $160.00
1998. B 5. William Johnson, Jr.
REFERRED TO THE COMMITTEE ON FINANCE. This is a claim for damage to his home and vehicle, a
1991 Cadillac DeVille on at 349 Wyoming Avenue.
PETITIONS Large dead branches from a City owned tree fell
causing the damage.
NO.79 $975.24
Robert Keicher & 0, owners, petition to use 1473 Hertel. for a B 6. Mary Marillo
portable sign. Claim for loss of a garbage can at 70 Fairfield Street on
REFERRED TO THE COMMITTEE ON LEGISLATION, THE September 22, 1997. $10.00
CITY PLANNING BOARD, AND THE COMMISSIONER OF B 7. Yvonne L. Patterson
COMMUNITY DEVELOPMENT Claim for damage to a fence at 94 Alexander Place.
The house at 90 Alexander Place was demolished for
NO.80 the City by Great Lakes Contracting who damaged the
OPP.RZN.317-319EASTDELAVAN-DELI fence. Great Lakes Contracting is currently out of
C.THOMAS&OTHERS business. Their insurance was cancelled, therefore,
Attached please find a petition from C. Thomas and others in there is no insurance coverage for the damage.
opposition to the rezoning of 317-319 E. Delavan - Deli. $286..20
RECEIVED AND FILED. B 8. Donald and Linda Petko
Claim for damage to a 1997 Ford Escort. Tree limbs
NO.81 broke off the tree at 36 Knoerl and damaged the vehicle.
Bailey Delavan Community Services, Inc. - Name Polk Brothers $2,151.87
Building - Geo. K. Arthur Community Center. B 9. Clarence G. Pigeon
REFERRED TO THE COMMITTEE ON LEGISLATION AND Claim for damage to the house at 23 Leamington Place.
CORPORATION COUNSEL. The tree in front of the house was scheduled for
removal in 1995. This was not done and subsequently
NO.82 large branches fell damaging the gutter, awnings, roof
S. Hoyt & Other s Oppose Harbor House- 12 Elmwood and power lines.
RECEIVED AND FILED. $1,125.00
B 10. Riverside Services
CLAIMSCOMMITTEE Claim for damage to a tire while towing a vehicle for the
BONNIEKANE-LOCKWOOD,CHAIRPERSON City at the Tonawanda Street Garage. A piece of steel
NO.83 was sticking out of the ground and it punctured the tire.
CLAIMSCOMMITTEEREPORT $148.39
COMPROMISEANDSETTLEMENTOF B 11. Lois P. Roberson
ACTIONSFORPERSONALINJURY Claim for expenses incurred as a result of a large
That, upon the recommendation of the Acting overhanging tree in front of 79 Manhattan Avenue. Ms.
Corporation Counsel, the following actions for personal injury Roberson had made the City aware of this hazardous
arising out of alleged negligence on the part of the City, be condition this past January. She stated that because of
compromised and settled: the overhanging branches, squirrels were jumping onto
A I . Andre’ Canty $100.00 her house and causing damage. $135.00
A 2. Mennie Hudson $9,500.00 B 12. Lynne Tychowskyj
A 3 . Susan M. Kaney & James Kaney $137,500.00 Claim for damage to a 1995 Nissan. While backing out
A 4. Jean and Alvin Moore $15,000.00 of the driveway at 15 Ramona Street the front bumper
A 5. Michelle A. Nicpon $7,500.00 was cracked due to the height of the driveway apron.
A 6. Marguerite D. Rainey, As Administratrix of the Estate of Our investigation found that this apron was replaced by
John E. Egleton $1,000.00 the City in June of 1993. $464.05
A 7. George R. Stresing & David L. Patton $4,000.00 B 13. Robin Young
That checks be drawn on the account of 81-2 General City Claim for damage to a 1993 Dodge Caravan at the
Charges 100-812-000-00-809 Judgment and Claims Prior Masten C.A.0. at 725 Humboldt Parkway, a City owned
Years, payable to the respective claimants or plaintiffs and their building. The driveway there is very treacherous
attorneys, if any, hereinabove named, in the amounts set because of the many potholes and ruts. It had been
opposite their names and delivered to them upon execution and reported previously to the City but it continued to be in
delivery to the Corporation Counsel of proper releases and disrepair. Because of this condition, Ms. Young was
closing papers. forced to drive on the side of the driveway and in doing
PASSED. so she hit the gate post causing damage to the vehicle.
AYES-13. NOES-0. $1,037.61
That checks be drawn on the account of 81-2 General
NO.84 City Charges 100-812-000-00-809 Judgment and Claims
PROPERTYDAMAGE Prior Years, payable to the respective claimants or plaintiffs
That upon the recommendation of the Acting Corporation and their attorneys, if any, hereinabove named, in the
Counsel, and the appropriate City Department, the following amounts set opposite their names and delivered to them
actions and claims for damage to property caused by alleged upon execution and delivery to the Corporation Counsel of
negligence on the part of the City be compromised and settled: proper releases where such releases are indicated.
B 1 Alliant Food Service, Inc. PASSED.
Claim for damage to a truck owned by Alliant Food Service of AYES-13. NOES-0.
Rochester New York which hit a low bridge at 190 Walden
Avenue at Moselle Street. An investigation after the accident NO.85
found no evidence of signs on the bridge or leading up to it DISCRIMINATION
indicating that the bridge was less than 14' above the roadway C 1 Michael Blake
as required by the New York State Vehicle and Traffic Laws. EEOC Charge No. 165960118
The City's Traffic Division does not have any records of these This charge concern a claim of gender discrimination in
signs being installed, removed or damaged. $6,228.81 the hiring of School Crossing guards. Blake, a male,
B 2. Dorothy Burzynski contends that he was discriminated against because of
This is a claim for damage to a 1992 Mercury Sable. A his gender in that he was not hired for the position of
large tree branch from a previously reported hazardous School Crossing guard for the 1996-97 school year.
tree fell and crashed through the rear window. $700.00
$1,017.27 That checks be drawn on the account of 81-2 General City
B 3. The Clarkson Center, Inc. Charges Fund No. 81300809 Judgment and Claims Prior
This is a claim for damage at 243 Manhattan Avenue Years, payable to the respective claimants or plaintiffs and their
as the result of an overflow from the City owned attorneys, hereinabove named, in the amounts set opposite
Manhattan Water Tank. $1,178.08 their names and delivered to them upon the delivery of the
B 4. Johnnie A. Fritz, Jr. proper releases where indicated.
Claim for damage to personal property while performing PASSED.
AYES-13. NOES-0. Street Lift Bridge. $7,210.31
E 6 Tunmore Car Leasing, Inc.
NO.86 Claim for payment of prior fiscal year Invoice #16718 for
MISCELLANEOUSPAYROLL damage to a 1995 Oldsmobile Aurora which was leased
D I . William Fahey, Dominic Asarese, Richard Rusert, Walter to the City. $1,548.70
Gnorek, John O'Rourke, William Grill, James Weinert, Paul E 7 WNY Orthopaedic & Spine Therapy
Koenig, Arthur Tomasulo, Ronald Jakubczyk, Thomas Tully, Claim for payment of prior fiscal year invoice #WO&1056-
Eugene Molinaro, John Bagen, Lawrence Pierce and James 960930 for services rendered to Firefighter Jan Young
Ehrig 95-CV-03081E. $ 250,000.00 from 9-30 to 11 1 -96. $576.16
Mrs. Lockwood now moved that the above item be recommitted That checks be drawn on the account of 81-2 General
to the Committee on Claims. City Charges 100-812-000-00-809 Judgment and Claims
Seconded by Mr. Czajka. Prior Years, payable to the respective claimants and their
ADOPTED attorneys, if any, in the amount set opposite their names,
respectively, and delivered to them upon execution and
NO.87 delivery to the Acting Corporation Counsel of the proper
MISCELLANEOUSPAYROLL releases where such releases are indicated.
That, upon the recommendation of the Acting Corporation PASSED.
Counsel and the appropriate City Department, the following AYES-13. NOES-0.
claims be paid:
D 2. Robert Andrycha NO.89
Claim for an employee of the Fire Department (Local REPORTTOTHECLAIMSCOMMITTEE
#264) who was paid incorrectly for acting time from 7-1-F 1 . James Brooks
95 to 3-25-97. He worked overtime on days he was This claim was Tabled at the Claims Committee Meeting
receiving acting time and he was not credited for the of 7/16/97 and 9/24/97 and is being placed on the
acting time at the overtime rate. $76.41 Agenda for discussion. Mr. Brooks owns the house at 1
D 3. Larry J. Battleson 16 Goemble Street. He is claiming that the Water
Claim for a prior fiscal year medical in lieu payment for Department removed water service to 116 Goemble. His
June 1997 for an employee of the Department of Street total claim is in the amount of ($5,097.23).
Sanitation $60.00 That the above item be, and the same hereby is, Received and
D 4. Robert Brier Filed.
Claim for an employee of the Fire Department (Local ADOPTED.
9264) who was paid incorrectly for overtime acting time
from 7-1-95 to 3-25-97. $30..27 NO.90
D 5. Mark Chapin REPORTTOTHECLAIMSCOMMITTEE
Claim for an employee of the Fire Department (Local F 2. Jose L. Colon
#264) who was paid incorrectly for overtime acting time Item No. 120, C.C.P., July 22, 1997 (Recommitted)
from 7-1-95 to 3-25-97. $ 6.75 Recommitted at Claims Committee Meeting of September
D 6. Thomas Feeney 24, 1997
Claim for an employee of the Fire Department (Local This claim is being placed on the Agenda for discussion.
#264) who was paid incorrectly for overtime acting time Property at 430 7th Street was damaged during the
from 7-1-95 to 3-25-97. $11.82 execution of a Search Warrant on 9/7/96. Members of
D 7. James 0. Otwell the Narcotics Section entered the building pursuant to a
Claim for a prior fiscal year medical and dental in lieu Court ordered Search Warrant signed by Judge Michael
payment for 7-1-96 to 6-30-97 for an employee of the Pietruszka. They were looking for illegal activities
Fire Department. $1,150.00 involving a Puerto Rican male approximately 5' 8 " tall,
D 8. Michael Ries 3540 years of age, thin build possessing a salt and
Claim for an employee of the Fire Department (Local pepper hair goatee who goes by the name of Paul. During
#264) who was paid incorrectly for overtime acting time the entry and search of the premises damages occurred.
from 7-1-95 to 3-25-97. $35.28 The Narcotics Squad found nothing not even the person
D 9. Frank Weimer named Paul. Damages were ($950) for doors and
Claim for an employee of the Fire Department (Local plaster, ($844.56) for carpeting, ($425) for a speaker set,
#264) who was paid incorrectly for overtime acting time ($1,200) for money removed and ($188.91) for locks. The
from 7-1-95 to 3-25-97. $19.39 total claim is in the amount of ($3,608.47).
That checks be drawn on the account of 81-2 General City The Department of Law denied Mr. Colon's claim and
Charges Fund No. 81300809 Judgment and Claims Prior recommends denial of the claim.
Years, payable to the respective claimants or plaintiffs and their That the above item be, and the same hereby is, returned to the
attorneys, hereinabove named, in the amounts set opposite Common Council without recommendation.
their names and delivered to them upon the delivery of the Mr. Colon has removed the claim for missing money and has
proper releases where indicated. incurred expenses for replacing the door.
PASSED. The approval of the claim of Jose L. Colon in the amount of
AYES- 13. NOES-0. $2,408.47
That checks be drawn on the account of 81-2 General City
NO.88 Charges 100-812-000-00-809 Judgment and Claims Prior
MISCELLANEOUSINVOICE Years, payable to the respective claimants and plaintiffs and
That, upon the recommendation of the Corporation their attorneys, if any, hereinabove named, in the amounts set
Counsel and the appropriate City Department, the following opposite their names and delivered to them upon execution and
claims be paid: delivery to the Corporation Counsel of proper releases and
E 1 Elder Medical closing papers.
Claim for payment of prior fiscal year Invoice #2602-PASSED.
97080OFF for services rendered to Firefighter Karen AYES-13. NOES-0.
Heck on 9-13-96. $145.00
E 2 Gary's Emergency Towing Service NO.91
Claim for payment of a prior fiscal year invoice for REPORTTOTHECLAIMSCOMMITTEE
services rendered to Parking Enforcement for May and That, upon the recommendation of the Common Council
June 1997. $120.00 Claims Committee, the following claims be paid:
E 3 Lights Towing Service, Inc. F 3 Dennis P. Cleary
Claim for payment of a prior fiscal year invoice for Claim for damages allegedly caused by a City Police Car
services rendered to Parking Enforcement for May and and suspect's vehicle causing damages to the lawn and
June 1997. $217.00 shrubs at 405 Parkside Avenue $289.50
E 4 Otis Elevator Company F 4. Julie Martin
Claim for payment of seven (7) prior fiscal year invoices Claim for damages allegedly caused by a City of Buffalo
for services rendered to the Department of P/W Division Streets Department hi lift dropping debris on the
of Buildings from 12-27-96 to 5-27-97. $1,844.54 claimant's vehicle during large trash pickup. $280.69
E 5 Square D Company F 5. Charles A. Masi
Claim for payment of prior fiscal year Invoices #019 Claim for a cellular telephone which was stolen from
7031094-01 and #019 7031092-01 for services rendered claimant's vehicle in the basement of the City Court
to the Department of Public Works for repairs to the Ohio Parking Ramp. Both passenger side windows were broken
during the theft. 162.00
F 6. P.C. Logic, Inc. FINANCE
Item No. 82, C.C.P., September 30, 1997 (DAVIDA.FRANCZYK,CHAIRMAN)
Claim for payment of prior fiscal year invoice #237.04 for NO.98
services rendered to P/W Traffic Division for the Ohio ALT.FIN.CAP.PROJ.
Street Lift Bridge. $3,183.85 ITEM4161,JULY8,1997)
That checks be drawn on the account of 81-2 General City That the above mentioned item be and the same is hereby
Charges 100-812-000-00-809 Judgment and Claims Prior received and filed.
Years, payable to the respective claimants and their attorneys, ADOPTED
if any, in the amount set opposite their names, respectively, and
delivered to them upon execution and delivery to the Acting NO.99
Corporation Counsel of the proper releases where such RPT.FIRESTATION-ELMWOOD&VIRGINIA.
releases are indicated. ITEM#157,SEPTEMBER30,1997)
PASSED. That the above mentioned item be and the same is hereby
AYES-13. NOES-0. received and filed.
ADOPTED
NO.92
REPORTTOTHECLAIMSCOMMITTEE NO.100
F 7. John P. Zenger REPLYTOAUDIT-CIDREUSE/SOLIDWASTEDISPOSAL
This claim is being placed on the Agenda for discussion at the (STS.).
request of Councilmember Coppola. It is a claim for tree root ITEM#35,SEPTEMBER30,1997)
damage to the sidewalk at 324-326 Woodward Avenue. Two That the above mentioned item be and the same is hereby
years ago the City repaired sidewalks damaged by tree roots in received and filed.
the Parkside area. Mr. Zenger requested that his sidewalk be ADOPTED
repaired. The sidewalk engineer refused. In the meantime, the NO.101
sidewalk continued to deteriorate and raise three to four inches. EXT.LEASE-TIFTNATUREPRESERVE
Mr. Zenger decided to repair it himself When the concrete was ITEM#182,SEPTEMBER16,1997)
broke up and removed a large tree root was found. That the above mentioned item be and the same is hereby
This office found no notice with the City Clerk's Office and no received and filed.
report with Forestry. This item is being placed on the Agenda ADOPTED
without recommendation by the Acting Corporation Counsel.
That the above item be, and the same hereby is, returned to the NO.102
Common Council without recommendation. NIAGARAMOHAWKPOWERCORP.CERTIORARI
Mrs. Lockwood moved: PROCEEDINGS1997-98
The approval of the claim of John P. Zenger in the amount of (ITEMNO.28,C.C.P.,NOV.12,1997)
$553.00 That the above item be, and the same hereby is, returned to
That checks be drawn on the account of 81-2 General City the Common Council without recommendation.
Charges 100-812-000-00-809 Judgment and Claims Prior Mr. Franczyk now moved that the above item be recommitted to
Years, payable to the respective claimants and plaintiffs and the Committee on Finance.
their attorneys, if any hereinabove named, in the amounts set ADOPTED
opposite their names and delivered to them upon execution and
delivery to the Corporation Counsel of proper releases and NO.103
closing papers. NIAGARAMOHAWKPOWERCORP.CERTIORARI
PASSED. PROCEEDINGS1997-98(ASSMT)
AYES-13. NOES-0. (ITEMNO.15,C.C.P.,NOV.25,1997)
That the above item be, and the same hereby is, returned to
CIVILSERVICE the Common Council without recommendation.
(DAVIDJ.CZAIKA,CHAIRMAN) Mr. Franczyk now moved that the above item be recommitted to
NO.93 the Committee on Finance.
APPOINTMENTTIREMECHANIC-GENERALSERVICES ADOPTED
(ITEMNO.69,C.C.P.,JAN.21,1997)
That the above item be, and the same hereby is returned to NO.104
the Common Council without recommendation. PERMISSIONTOWAIVEBIDDINGPROCESS-
Mr. Czajka moved that the above item be recommitted to the UNDERCOVERUSEDVEHICLE
(Item
Committee on Civil Service.
No. 24, C.C.P., Nov. 12, 1997)
ADOPTED.
That the above item be, and the same hereby is, returned to
the Common Council without recommendation.
NO.94
Mrs. LoTempio moved:
INFO-APPT.TIREMECHANIC(CSQ
That the Commissioner of Police be, and he hereby is
(ITEM#70,APRIL1,1997)
authorized to waive the bidding process for the purchase of
That the above mentioned item be and the same is hereby
used vehicles for undercover operations.
received and filed.
PASSED
ADOPTED
AYES 13 NOES 0
NO.95
NO.105
APPOINTMENT
GRASSCUTTINGINVOICETRANSFERS(STS)
SENIORFIRSTCLASSSTATIONARYENGINEER
ITEM#33,NOVEMBER25,1997)
That Communication.29, December 9, 1997 be received and
That the above mentioned item be and the same is hereby
filed and the Permanent appointment of Edward M. Rafferty
received and filed.
stated above at the Maximum Salary $33,224.00 effective on
ADOPTED
November 27, 1997 is hereby approved.
PASSED
NO.106
AYES 13 NOES 0
INCREASEDAPPROPRIATION-WATERBOARD
(ITEMNO.124,C.C.P.,NOV.25,1997)
NO.96
That the Comptroller be, and he hereby is authorized and
POLICEPROTECTCITYHALL(POL)
directed to increase the revenue estimate of account: Revenue:
(ITEM431CCPDECEMBER9,1997)
Water Board, 410-98-0-402-96418 Transfer from Water Board
That the above mentioned item be and the same is hereby
in the sum of $5,266,435 to meet the increased appropriation
received and filed.
as set forth in the above communication.
ADOPTED
PASSED
AYES 13 NOES 0
NO.97
NOTICEOFAPPT.TEMP/PROV/PERM.(CCLK)
NO.107
ITEM#50,DECEMBER9,1997)
INC.APPROP.-WATERBD.(A&F))
That the above mentioned item be and the same is hereby
ITEM439,DECEMBER9,1997)
received and filed.
That the above mentioned item be and the same is hereby
ADOPTED
received and filed.
ADOPTED improvements as well as the proposed new construction
housing units are and/or are intended to be located within said
NO.108 16.5 foot parcel and as such encroach into the said 99 foot
LEASE-RESTORATIONSOC.-USE12-14ELMWOODright-of -way; and
(COMPT) to the owners of the adjoining lands the 'fright to enclose and-
ITEM415,DECEMBER9,1997) cultivate as ornamental or court yards the rod in said street
That the above mentioned item be and the same is hereby fronting said lands." However, said grant did provide
received and filed. WHEREAS, the Common Council of the City of Buffalo, did
LOST grant the caveat stipulating "that no buildings shall be erected
AYES Brown, Franczyk, Lockwood, Quintana, WiLLiamso-5 on, said rod" (see resolution of the Common Council May 12
NOES CoppoLa, Czajka, Gray, Helfer, Kavanaugh, 1846 Record H 8 page 211 in the City Clerk's Office); and
LoTempio, Pitts, ZuchLewski -8 WHEREAS, its hereby intended that the Prospect Avenue
Mr. ZuchLewski moved to Recommit said item, seconded by right-of-way be the
Mr. Quintana. 66 foot right-of-way as set forth in the maps of the City of
REFERRED TO THE COMMITTEE ON FINANCE Buffalo Tax Assessor and that one (1) rod (16.5 feet) on each
side of Prospect Avenue be abandoned and that title to such
NO.109 rod be conveyed to the record owner(s) of the lands abutting
PERMISSIONTOHIRECONSULTANT-ALLENDALEsaid rod.
THEATERPHASE2 NOW, THEREFORE, BE IT RESOLVED,
(ITEMNO.33,C.C.P.,DEC.9,1997) 1. that the record owners of any lot and/or part of lot which are
That the above item be, and the same hereby is, returned to situate and/or front upon either the easterly and/or westerly line
the Common Council without recommendation. of Prospect Avenue, commencing with the southerly line of
Mr. Franczyk moved: Maryland Street through and including the northerly he of
That the Commissioner of Community Development be, and Carolina Street shall be and are hereby granted an right title,
he hereby is authorized to engage the services of a Consulting and interest of the City of Buffalo in and to the lands within one
Engineer to prepare plans, specifications, and receive bids for (1) rod (I 6.5 feet) on each side of Prospect Avenue situate
the Reconstruction of the Allendale Theater Phase 2. Funds for within the original right-of-way established as being 99 feet.
this project will be available in a new Department of Public 2. that the Mayor of the City of Buffalo is hereby authorized
Works, Division of Buildings Capital Project Account which and directed to execute any and all deeds and/or other
should be transferred to a Division of Development Account. documents and/or affidavits deemed necessary and
PASSED appropriate to convey title to the land so described.
AYES 13 NOES 0 Mrs. LoTempio moved:
That the above item is hereby approved.
NO.110
RENEWLEASE-SO.BUFLO.COM.DEV.ASSN.-PTN.SCH.NO.115
429(A&F) 501SENECAST.-LLC-USE503SENECA-WALLSIGN
ITEM#37,DECEMBER9,1997) (HRG.12/16)
That the above mentioned item be and the same is hereby That the above mentioned item be and the same is hereby
received and filed. received and filed.
ADOPTED ADOPTED
NO.111 NO.116
LACHUT&ASSOC.-REQ.REFUNDBLDG.PERMITFINE) ENRIQUERODRIQUEZ,PETITIONTOREZONE313
ITEM#55,DECEMBER9,1997) ELMWOODAVENUE
That the above mentioned item be and the same is hereby (ITEMNO.67,C.C.P.,DEC.9,1997)
received and filed. That the Common Council of the City of Buffalo does hereby
ADOPTED ordain as follows:
That that part of the Zoning Ordinances of the City of Buffalo,
NO.112 Section 511-126 of Article XXV of Chapter 51 1 as it relates to
LEASE-CITY&MO.SOCIETYOFNATURALSCIENCES the use map thereof be amended to show a "C I" Commercial
(ITEMNO.62,C.C.P.,DEC.9,1997) District rather than a "R-3" Residential District for the premises
That the Comptroller be, and he hereby is authorized and known as 3313 Elmwood Avenue, and more particularly
directed to execute the agreement between the City and the described as follows:
Buffalo Society of Natural Sciences for the operation of city-All that Tract or parcel of land situate in the City of Buffalo,
owned land known as Tifft Nature Preserve County of Erie and State of New York, being part of Lot #54,
PASSED Township I 1, Range 8 of the Holland Land Company's Survey
AYES 13 NOES 0 and marked "A" on above plan. Also see Re-Survey done
10/8/96 by Harold L. Gantzer Co.
NO.113 This rezoning shall be effective providing the following
USE$2,000,000CITYBONDMONEYFORDEMO.conditions are met:
(CD)(424,11/25) That this rezoning shall not be effective unless and until a
ITEM491,DECEMBER9,1997) certified copy thereof has been filed by the petitioner in the
That the above mentioned item be and the same is hereby offices of the Erie County Clerk's Office and proof of such filing
received and filed. is submitted to the City Clerk's Office.
ADOPTED That this rezoning will not be effective until such conditions as
set by the City Planning Board are met.
That this Common Council finds this action to be an Unlisted
LEGISLATION Action under the S.E.Q.R. Act and adopts petitioner's findings
(ALFREDT.COPPOLA,CHAIRMAN) such that no further environmental review is required under
NO.114 said Act.
LOWERWESTSIDEREDEVELOPMENTPROJECT It is hereby certified, pursuant to Section 34 of the Charter that
200BLOCKOFPROSPECTAVENUE the immediate passage of the foregoing ordinance is
ABANDONMENTOFAPORTIONOFEXISTINGRIGHT-OF-necessary.
WAY Approved as to Form
Mr. Coppola moved that Michael B. Risman
WHEREAS, this Common Council of the City of Buffalo has Acting Corporation Counsel
previously approved the redevelopment of the 200 block of PASSED
Prospect Avenue as the, Lower West Side Redevelopment -AYES 13 NOES 0
Project - Phase 1; at a duly called meeting July 16, 1997 as
Item No. 168 and NO.117
WHEREAS, said approval was granted in anticipation that USE20BFLO.RIVER(C.P.BD)
the Prospect Avenue right-of-way (as laid out as a 66 foot right-ITEM98,DECEMBER9,1997)
of-way) would allow for sufficient depth on the proposed That the above mentioned item be and the same is hereby
building lots to include the 16.5 foot portion of lands identified received and filed.
in the chain of title as being part of the original right-of-way ADOPTED
designated as 99 feet; and
WHEREAS, all of the existing structures and/or NO.118
PHILIPC.GRAMAGLIA,PETITIONTOREZONE363the Common Council without recommendation.
DINGENS Mr. Coppola moved:
(ITEMNO.81,C.C.P.,OCT.28,1997) That after a public hearing before the Committee on Legislation
That the above item be, and the same hereby is returned to on December 16, 1997, the petition of Klee Gioulekas, owner,
the Common Council without recommendation. for permission to use 250 Genesee Street for a non-profit Drop
Mr. Coppola moved: In Center be, and hereby is denied.
That the Common Council of the City of Buffalo does hereby DENIED
ordain as follows: AYES: BROWN, CZAJKA, FRANCZYK, GRAY, HELFER,
That that part of the Zoning Ordinances of the City of Buffalo, LOCKWOOD, LOTEMPIO, PITTS, QUINTANA, WILLIAMS,
Section 511-126 of Article XXV of Chapter 511 as it relates to ZUCHLEWSKI-11 NOES: COPPOLA, KAVANAUGH-2
the use map thereof be amended to show a "CNf' Commercial
District rather than a "R-2" Residential District for the premises NO.122
known as 363 Dingens, and more particularly described as ORDINANCEAMENDMENT-CHAPTER133CITY
follows: PROPERTY(ITEMNO.176,C.C.P.,OCT.28,1997)(ITEM
THAT PIECE OR PARCEL OF PROPERTY being part of Lot NO.104,C.C.P.,NOV.12,1997)
161, Township 10, Range 7 of the Buffalo Creek Indian That the Ordinance Amendment as contained in Item No. 176,
Reservation, situate, lying and being in the City of Buffalo, C.C.P.,October 28, 1997, be and the same hereby is approved.
County of Erie, State of New York, bounded and described as PASSED
follows: AYES-BROWN,COPPOLA,CAZJKA,FRANCZYK,GRAY,
BEGINNING at the intersection of the southerly line of KAVANAUGH,LOCKWOOD,LOTEMPIO,PITTS,QUINTANA,
Dingens Street, with the easterly line of South Ogden Street, WILLIAMS, ZUCHLEWSKI NOES-1, HELFER
the said point of beginning being 500.90± ft., northerly
measured at right angles from station 5+54.19 as measured NO.123
along the herein after described outer line of the Niagara GENESEEDELAVANSPECIALZONINGDISTR.
Thruway, thence easterly, bearing south 89', 03', 23 seconds (ITEM#191,MAY27,1997)
east and along the southerly line of Dingens Street, for a That the above mentioned item be and the same is hereby
distance of 92± ft., to a point on the westerly line of Ogden received and filed.
Street, as relocated for construction of the Niagara Thruway; ADOPTED
thence southerly along said line 3 99tL ft. to a point; thence
westerly on a bearing of north 88' 47' 12.5 seconds west, a NO.124
distance of 55.0± ft., to a point at the intersection of the easterly GENESEEDELAVANSPECIALZONINGDISTR.(C.P.BD.)
line of South Ogden Street, with the northerly boundary line of ITEM96,NOVEMBER25,1997)
the Niagara Thruway; thence north, 01' 26', 03 seconds east, That the above mentioned item be and the same is hereby
396± ft. to the point or place of beginning, being 28,126± sq. received and filed.
ft., or 0.65 acres more or less. All bearings referred to true ADOPTED
north. The above mentioned center line is a portion of the
center line for the construction of the Niagara Section of the NO.125
Thruway, Subdivision N-2, as shown on map 223, parcel 223, REQ.NOPKGSIGNSONROTHER
filed in the County Clerk's Office, Erie County, and described ITEM#177,SEPTEMBER16,1997)
as follows: That the above mentioned item be and the same is hereby
BEGINNING at station 0+00.00, thence on a curve to the left, received and filed.
or west, having a radius of 6921.473 ft. for an arc, distance of ADOPTED
18.55 ft. to the point of tangent of said curve, being stationed
0+18.55, thence westerly bearing north 88' 47' 12.5 seconds NO.126
west, 1315.98 ft. to station 13+34.53. INVESTIGATE373HERTEL
This rezoning shall be effective providing the following ITEM#191,SEPTEMBER16,1997)
conditions are met: That the above mentioned item be and the same is hereby
That this rezoning shall not be effective unless and until a received and filed.
certified copy thereof has been filed by the petitioner in the ADOPTED
offices of the Erie County Clerk's Office and proof of such filing
is submitted to the City Clerk's Office. NO.127
That this rezoning will not be effective until such conditions as MORGANMATERIALS-373HERTEL(CD)
set by the City Planning Board are met. ITEM445,NOVEMBER12,1997)
That this Common Council finds this action to be an Unlisted That the above mentioned item be and the same is hereby
Action under the S.E.Q.R. Act and adopts petitioner's findings received and filed.
such that no further environmental review is required under ADOPTED
said Act.
Mr. Coppola moved that the above item be recommitted to the NO.128
Committee on Legislation. APPOINTMENTOFTEMPORARYMEMBERSTOTHE
ADOPTED. BOARDOFASSESSMENTREVIEW
(ITEMNO.14,C.C.P.,NOV.12,1997)
NO.119 That the appointments of three (3) temporary members to the
RZN.363DINGENS-R2TOCM(C.P.BD.) Board of Assessment Review to serve no more than forty (40)
ITEM#5,NOVEMBER12,1997) days as needed during the time period of December 1997 to
That the above mentioned item be and the same is hereby mid February 1998 be, and hereby is approved.
received and filed. PASSED
ADOPTED AYES-12, NOES-0
NO.120 NO.129
E.C.I.D.A.,PETITIONTOUSE127FILLMOREAVENUE-RESPONSE-PILOTPROG.ELLICOTTDISTR.-SIGNS
POLESIGN (COMPT)
(ITEMNO.62,C.C.P.,NOV.25,1997) ITEM417,DECEMBER9,1997)
(ITEMNO.93,C.C.P.,DEC.9,1997) That the above mentioned item be and the same is hereby
That after a public hearing before the Committee on received and filed.
Legislation on December 16, 1997, the petition of E.C.I.D.A., ADOPTED
owner, for permission to use 127 Fillmore Avenue for a pole
sign be, and hereby is approved on the condition that NO.130
landscaping is provided at the base of the sign. REQ.PILOTPROG.-ELLICOTTDISTR.(A&F)
PASSED ITEM#42,DECEMBER9,1997)
AYES 13 NOES 0 That the above mentioned item be and the same is hereby
received and filed.
NO.121 ADOPTED
KLEEGIOULEKAS-PETITIONTOUSE250GENESEE
STREET-DROPINCENTER NO.131
(ITEMNO.82,C.C.P.,OCT.28,1997) APPOINTMENTOFMEMBERTOTHEBOARDOFETHICS
(ITEMNO.97,C.C.P.,DEC.9,1997) (ITEMNO.2,C.C.P.,NOV.25,1997)
That the above item be, and the same hereby is, returned to
That the appointment of James L. Magavern, Esq., residing at plans submitted to and approved by the Department of
55 Argyle Park, as a member of the Board of Ethics for a term Public Works, Division of Engineering.
expiring September 4, 2002 be, and hereby is adopted 3 .That the applicant be responsible for maintaining the
ADOPTED bus shelter as long as it remains within City right-of-
way.
NO.132 4. That the applicant supply the City of Buffalo with a
DETERMINEWHETHERDEBTSAREOWEDBEFORE five thousand dollar ($5,000.00) construction in street
CONFIRMINGAPPOINTMENTS bond or certificate of insurance which will indemnify
(ITEMNO.127,C.C.P.,NOV.25,1997) and save harmless the City of Buffalo against any and
That this Common Council requests that the Acting all loss and damage arising out of the construction,
Corporation Counsel, in cooperation with the Departments of maintenance, use and removal of said bus shelter.
Audit and Control and Administration and Finance determine PASSED
whether any person who has been nominated for any City of AYES-12, NOES-0
Buffalo board, committee, agency or other body, owes any
debts to the City; and COMMUNITYDEVELOPMENT
That confirmation of a potential appointee to any City of (DALEZUCHLEWSKI,CHAIRMAN)
Buffalo board, agency, commission, or other body be delayed
until any debts owed to the City are satisfied. NO.140
ADOPTED BEDC-CDBGSECTION108LOAN-WM.GAITER
INCUBATORFACILITY
NO.133 (ITEMNO.51,C.C.P.,DEC.9,1997)
DETERMINEDDEBTSOWEDBYAPPOINTEES(COMPT)) That the Executive Vice-President of the Buffalo Enterprise
ITEM#16,DECEMBER9,1997) Development Corporation, be and he hereby is authorized to
That the above mentioned item be and the same is hereby utilize a $1,322,500 CDBG Section 108 Loan for the William
received and filed. Gaiter Incubator Facility to be undertaken by the Buffalo
ADOPTED Enterprise Development Corporation and the Erie County
Industrial Development Agency; with conditions as listed in the
NO.134 above communication.
DETERMINEWHETHERDEBTSAREOWEDBEFOREPASSED
CONFIRMINGAPPT.(A&F)ITEM#43,DECEMBER9,AYES-12, NOES-0
1997)
That the above mentioned item be and the same is hereby NO.141
received and filed. LDA-FRUITBELTNEWHSG./JAMESMGMT.CO.(CD)
ADOPTED (ITEMNO.36,C.C.P.,DECEMBER9,1997)
That the above item be and the same is returned to the
NO.135 Common Council without recommendation.
APPT.MEM.BD.OFETHICS(MAYOR) RECOMMENDED BY THE COMMITTEE ON COMMUNITY
(ITEM#02,DECEMBER9,1997) DEVELOPMENT
That the above mentioned item be and the same is hereby A public hearing has been set, before the Common Council,
received and filed. at this regularly scheduled meeting, on the above item, and a
ADOPTED Notice of same has been published in the Buffalo News, a copy
of which is attached hereto.
NO.136 On a motion by Mrs. Lotempio seconded by Mr.
DESIGNATIONOFNOMINEES-BOARDOFTRUSTEES-Zuchlewski, the item is properly before the Common Council,
BFLO.ANDERIECOUNTYLIBRARY(ITEMNO.4,C.C.P.,and the hearing is opened.
DEC.9,1997) CARRIED.
That pursuant to Section 6212 of the Unconsolidated Laws, Appearances -David Pawlik
being Chapter 768, Section 2 of the Laws of 1953, two (2) out Mrs. Lotempio now moved that the hearing be closed.
of three (3) nominees designated by the Mayor as eligible for Seconded by Mr. Zuchlewski
appointment to the Board of Trustees of the Buffalo and Erie CARRIED.
County Public Library, are James W. Burns, residing at 175 Mr.Zuchlewski moved that
Admiral Road and Stephen R. Lamantia, residing at 109 WHEREAS, the City of Buffalo Urban Renewal Agency
Larchmont Road. The County Executive, subject to (hereinafter referred to as the "Agency") has previously duty
confirmation by the County Legislature, will appoint one designated James Management Company, Inc., as the
nominee for a term expiring December 31, 2000. qualified and eligible Redeveloper in accordance with all
Hummann - Received and Filed applicable rules, regulations and/or procedures duly adopted by
Burns and Lamantia-ADOPT the Agency; and
WHEREAS, the City Clerk has published a "Notice of Public
NO.137 Hearing" in accordance with Section 507, Subdivision 2 (d) of
NOTIF.SERIAL#8964-8973(PW)9964-658970-73(ITEM#the General Municipal Law of the State of New York; and
20,DECEMBER9,1997) WHEREAS, said Public Hearing has been duly held in the
That the above mentioned item be and the same is hereby Council Chambers, City Hall, at 2:00 P.M. on Tuesday,
received and filed. December 16, 1997; and
ADOPTED WHEREAS, the proposed Amendment to Land Disposition
Agreement has been duly submitted to this Common Council
NO.138 by the Agency.
RESPONSE-NOSTANDINGSCHOOLDAYSSIGNS-NOW, THEREFORE, BE IT RESOLVED:
ROTHERST.(PW) 1. that James Management Company, Inc., has been duly
(ITEM927,DECEMBER9,1997) designated as a qualified and eligible Redeveloper by the
That the above mentioned item be and the same is hereby Agency, is hereby further approved as the Redeveloper for the
received and filed. Fruit Belt H New Housing Program as amended.
ADOPTED 2. that the Mayor of the City of Buffalo and the Chairman
and/or the Vice Chairman of the Agency are hereby authorized
NO.139 and directed to execute any and all deeds and/or other
PROPOSEDNFTABUSSHELTERWITHINCITYRIGHT-documents and/or affidavits deemed necessary and
OF-WAY2140ELMWOODAVENUE appropriate to convey title to the land described in the proposed
(ITEMNO.16,C.C.P.,NOV.25,1997) Amendment to Land Disposition Agreement to the
(ITEMNO.106,C.C.P.,DEC.9,1997) Redeveloper; in accordance with an term, covenant's and
That the Commissioner of Public Works be, and he hereby is conditions of the Land Disposition Agreement, as amended by
authorized to issue a mere license" to Mr. Christopher J. the Amendment to Land Disposition Agreement, and for the
Cronin, Traffic Data Administrator of the Niagara Frontier consideration recited therein.
Transportation Authority to install a bus shelter within City right-3. That the redeveloper must produce up to 14 units, and
of-way at 2140 Elmwood Avenue near Hinman Street with the an evaluation shall take place on May 1, 1998 to consider
following conditions: further development action.
1 .That the applicant obtain any and all other City of PASSED
Buffalo permits necessary for said installation. AYES-12,NOES-0
2. That the bus shelter be installed exactly as shown on
NO.142 Whereas: Recent allegations about a city firefighter's untimely
TRANSFEROFTITLE,URBANHOMESTEAD death at a Kehr Street fire this past July include
69WESTAVENUE violation of equipment regulations and poor
(ITEMNO.35,C.C.P.,DEC.9,1997) communications; and
That the city-owned property commonly known as 69 West Whereas: While it appears that the city will not be blamed for
Avenue, is hereby designated as Homestead Property, and that the firefighter's untimely death, there may be fines
the Mayor be, and he hereby is authorized to execute a deed imposed by state labor safety investigators.
transfer-ring said property to Mr. Raul Hernandez, residing at Now therefore be it resolved that
288 Virginia Street, for the amount of $ 1.00 (One Dollar), and This Common Council requests that Fire Commissioner
all costs of transfer, on the condition the property is cleared Cornelius Keane and Local 282 AFL-CIO President Ronald
and improved within six (6) months and maintained in a Cassel respond to this body about the findings of the state
sanitary manner. labor safety investigators and any possible fines for violations
PASSED involved in the fatal fire at 234 Kehr Street.
AYES-12, NOES-0 REFERRED TO THE COMMITTEE ON CIVIL SERVICE,
THE COMMISSIONER OF FIRE AND IAFF LOCAL 282.
NO.143
BURAFUNDINGFORROTARYRINK NO.148
(ITEM132,NOVEMBER25,1997) BY: MR.CZAJKA
That the above mentioned item be and the same is hereby SALARYORDINANCEAMENDMENT
received and filed. 01-0COMMONCOUNCIL
ADOPTED 001LEGISLATIVE
EDUCATION The Common Council of the City of Buffalo does ordain as
(BARBRAA.KAVANAUGH,CHAIRPERSON) follows:
That part of Section I of Chapter 3 5 of the Ordinances
NO.144 of the City of Buffalo, relating to 0 1 0 - Common Council, 001
REQ.REPORTPLANSFOR Legislative, which reads:
GROVERCLEVELANDHIGHSCHOOL 2 Senior Legislative Assistant to the Common
(ITEM#159,SEPTEMBER30,1997) Council $33,974
That the above mentioned item be and the same is hereby 1 Legislative Staff Manager $39,302
received and filed.
ADOPTED 1 Chef of Staff of the Common Council
$45,585
NO.145 Is hereby amended to read:
REPLACEMENTFORSCH.57 3 Senior Legislative Assistant to the Common
(ITEM#163,JUNE10,1997) Council $33,974
That the above mentioned item be and the same is hereby 1 Legislative Staff Manager $35,000
received and filed. 1 Chief of Staff of the Common Council
ADOPTED $40,000
IT IS HEREBY CERTIFIED, pursuant to Section 34 of
RESOLUTIONS the Charter, that the immediate passage of the foregoing
ordinance is necessary.
NO.146
BY: MR. BROWN WE, JAMES W. PITTS, Common Council President, and
PUBLICHEARINGON1715JEFFERSONAVENUE JAMES B. MILROY, Director of Budget and Management,
hereby certify that the above change is necessary for the
Whereas: Numerous residents of the Hamlin Park proper conduct, administration and performance of essential
neighborhood have expressed concern over the services of that department. We recommend that the
use of 1715 Jefferson Avenue; and compensation for said position be fixed at the respective
Whereas: This building is located in the Hamlin Park Overlay amount set forth in the fore' going ordinance.
Review District as an R2 dwelling in a residential That a personnel requisition incident to the creation of
area and was previously used as a store and two the above-mentioned position, containing a statement of the
apartments.; and duties for such position, has been filed with the Municipal Civil
Whereas: It has come to the attention of this Council that a Service Commission, and said Commission has approved and
petition for a variance for 1715 Jefferson Avenue certified the position title set forth in the foregoing ordinance as
has been granted and upheld upon appeal by the being the appropriate Service title for proposed positions.
Zoning Board. However it has been alleged that on APPROVED AS TO FORM
two occasions false information was presented to Michael Risman
the Zoning Board of Appeals; and Corporation Counsel
Whereas: Additionally, the owners of the property have PASSED
allegedly performed illegal alterations to the physical AYES-12, NOES-0
structure of the building; NO.149
Now, therefore be it resolved: BY: MR. CZAJKA
That the Buffalo Common Council requests that a SALARYORDINANCEAMENDMENT
public hearing be held on Tuesday, December 30, 09-DEPARTMENTOFASSESSMENT
1997, at the Committee on Legislation meeting in the The Common Council of the City of Buffalo does ordain as
Council Chambers, 13th floor of City Hall at 2:00 follows:
p.m. to further discuss and clarify any and all That part of Section I of Chapter 35 of the Ordinances
allegations concerning 1715 Jefferson Avenue; and of the City of Buffalo, relating to 09 0 - 001 Department of
Be it further Resolved: Assessment which reads:
That representatives from the Corporation Counsel, 1 Senior Tax Administrator $38,085 - $44,598
Inspections Department, and members of the Zoning Is hereby amended as follows:
Board of Appeals attend this meeting; and 1 Senior Tax Administrator $51,958
Be it finally Resolved: IT IS HEREBY CERTIFIED, pursuant to Section 34 of
That the City Clerk's Office notify the owners of the Charter, that the immediate passage of the foregoing
1715 Jefferson Avenue, the ordinance is necessary.
Hamlin Park Community and Taxpayers' WE, JOSEPH SOLE, Commissioner of Assessment,
Association, the director of the New and JAMES B. MILROY, Director of the Budget, hereby certify
York State Lottery, and Edward Walgate from the that the above change is necessary for the proper conduct,
New York State Liquor administration and performance of essential services of that
Authority of this meeting. department. We recommend that the compensation for said
ADOPTED position be fixed at the respective amount set forth in the
foregoing ordinance.
NO.147 That a personnel requisition incident to the creation of
BY:MR.COPPOLA the above-mentioned position, containing a statement of the
REQUESTINFORMATIONFROMFIRECOMMISSIONER duties for such position, has been filed with the Municipal Civil
Service Commission, and said Commission has approved and
certified the position title set forth in the foregoing ordinance as City of Buffalo, relating to 06 Department of Administration and
being the appropriate Civil Service title for the proposed Finance 3 - Division of Labor & Employee Relations 002 Civil
position Service is hereby amended by adding:
APPROVED AS TO FORM I Laborer 1 $19,980 - $22,689
Michael Risman IT IS HEREBY CERTIFIED, pursuant to Section 34 of
Corporation Counsel the Charter, that the immediate passage of the foregoing
REFERRED TO THE COMMITTEE ON CIVIL SERVICE ordinance is necessary.
WE, EVA M. HASSETT, Commissioner of
NO.150 Administration and Finance, and JAMES B. MILROY, Director
BY:MR. CZAJKA of the Budget, hereby certify that the above change is
SALARYORDINANCEAMENDMENT necessary for the proper conduct, administration and
98-DEPARTMENTOFPUBLICWORKS performance of essential services of that department. We
0-DIVISIONOFWATER recommend that the compensation for said position be fixed at
015DISTRIBUTIONSYSTEM the respective amount set forth in the foregoing ordinance.
The Common Council of the City of Buffalo does ordain as That a personnel requisition incident to the creation of
follows: the above-mentioned position, containing a statement of the
That part of Section 1 of Chapter 35 of the Code of the duties for such position, has been filed with the Municipal Civil
City of Buffalo, relating to 98 - Department of Public Works 01 Service Commission, and said Commission has approved and
- Division of Water 015 Distribution System which reads: certified the position title set forth in the foregoing ordinance as
2 Heavy Equipment Operator $26,184 - $29,814 being the appropriate Civil Service title for the proposed
Is hereby amended to read: positions.
4 Heavy Equipment Operator $26,184 - $29,814 APPROVED AS TO FORM
IT IS HEREBY CERTIFIED, pursuant to Section 34 of Michael Risman
the Charter, that the immediate passage of the foregoing Corporation Counsel
ordinance is necessary. PASSED
WE, JOSEPH N. GIAMBRA, Commissioner of Public AYES-12, NOES-1
Works and JAMES B. MILROY, Director of the Budget, hereby
certify that the above changes are necessary for the proper NO.153
conduct, administration and performance of essential services BY:MRFRANCZYK
of that department. We recommend that the compensation for BONDRESOLUTION
said positions be fixed at the respective amounts set forth in $3,400,000BONDS
the foregoing ordinance. SHEA’STHEATERSTAGEEXPANSION
That a personnel requisition incident to the creation of ACCOUNTNO.200-402
the above-mentioned position, containing a statement of the Bond Resolution of the City of Buffalo, New York, authorizing
duties for such position, has been filed with the Municipal Civil the issuance of $3,400,000 General Improvement Bonds of
Service Commission, and said Commission has approved and said City, in addition to the $3,000,000 bonds previously
certified the position title set forth in the foregoing ordinance as authorized to be issued and the application of any State Aid
being the appropriate Civil Service title for the proposed received, to finance the cost of partial reconstruction of Shea's
positions. Center for the Performing Arts, at the total estimated maximum
APPROVED AS TO FORM cost of $6,400,000.
Michael Risman The Common Council of the City of Buffalo, in the County of
Corporation Counsel Erie, New York, hereby resolves (by the favorable vote of not
REFERRED TO THE COMMITTEE ON CIVIL SERVICE less than two-thirds of all the members of said Common
NO.151 Council) as follows:
BY: MR. CZAJKA Section 1. The Comptroller of the City of
06-DEPARTMENTOFADMINISTRATIONANDFINANCE Buffalo, in the County of Erie, New York (herein called "City"),
5-DIVISIONOFTREASURY is hereby authorized and directed to issue General
001TREASURY Improvement Bonds of said City in the principal amount of
The Common Council of the City of Buffalo does ordain as Three Million Four Hundred Thousand Dollars ($3,400,000),
follows: pursuant to the provisions of the Charter of said City and the
That part of Section 1 of Chapter 35 of the Code of the Local Finance Law, constituting Chapter 33-a of the
City of Buffalo, relating to 06 - Department of Administration Consolidated Laws of the State of New York (the "Law"), in
and Finance 5 - Division of Treasury 001 Treasury is hereby addition to the $3,000,000 bonds previously authorized
amended by adding: pursuant to Resolution No. 194 adopted by the Common
4 Parking Meter Coin Collector (Hourly) $9.00 - 9.25 Council on April 1, 1997, to finance the cost of partial
IT IS HEREBY CERTIFIED, pursuant to Section 34 of reconstruction of Shea's Center for the Performing Arts,
the Charter, that the immediate passage of the foregoing including expansion of the stage and related facilities. The
ordinance is necessary. estimated maximum cost of said specific object or purpose for
WE, EVA M. HASSETT, Commissioner of which the bonds authorized by this resolution are to be issued,
Administration and Finance and JAMES B. MILROY, Director including preliminary costs and costs incidental thereto and the
of the Budget, hereby certify that the above change is financing thereof, is $6,400,000 as set forth in the duly adopted
necessary for the proper conduct, administration and Capital Improvements Budget of said City for fiscal year 1997-
performance of essential services of that department. We 98, as amended. Any moneys to be received from the State of
recommend that the compensation for said position be fixed at New York for such purpose are hereby authorized to be
the respective amount set forth in the foregoing ordinance. expended towards the cost thereof or redemption of the Bonds
That a personnel requisition incident to the creation of issued therefor or to be budgeted as an offset to the taxes for
the above-mentioned position, containing a statement of the the payment of the principal of and interest on said bonds of
duties for such position, has been filed with the Municipal Civil the City.
Service Commission, and said Commission has approved and Section 2. The proceeds of the sale of the bonds
certified the position title set forth in the foregoing ordinance as authorized by this resolution, or any bond anticipation notes
being the appropriate Civil Service title for the proposed issued in anticipation of the sale of said bonds, shall be
positions. deposited in the Capital Projects Fund to the credit of the
APPROVED AS TO FORM Department of Public Works, Division of Buildings, "Shea's
Michael Risman Theater Stage Expansion, 1997-98, " Account No. 200-402,
Corporation Counsel and shall be used for the purpose specified in Section I of this
PASSED resolution.
AYES-12, NOES-0 Section 3. The City intends to finance, on an interim
basis, the costs or a portion of the costs of said improvements
NO.152 for which bonds are herein authorized, which costs are
BY: MR.CZAJKA reasonably expected to be incurred by the City, pursuant to this
SALARYORDINANCEAMENDMENT Bond Resolution, in the maximum amount of $3,400,000. This
06DEPARTMENTOFADMINISTRATION&FINANCE resolution is a declaration of Official Intent adopted pursuant to
3DIVISIONOFLABOR&EMPLOYEERELATIONS the requirements of Treasury Regulation Section 1. 150-2.
002CIVILSERVICE Section 4. The following additional matters are
The Common Council of the City of Buffalo does ordain as hereby determined and stated:
follows: (a) Said building is of at least Class "B"
That part of Section 1 of Chapter 35 of the Code of the construction, as defined by Section 1 1.00 a. 1 l(b) of the Law
and the period of probable usefulness applicable to the specific determined and stated:.
object or purpose which the bonds authorized by this resolution (a) The period of probable usefulness
are to be issued, within the limitations of Section 1 1.00 a. applicable to the class of objects or purposes for which the
12(a)(2) of the Local Finance Law, is fifteen (15) years. bonds authorized by this resolution are to be issued, within the
(b) Current funds are not required by the limitations of Section 1 1.00 (a) 12-a. of the Local Finance Law,
Law to be provided as a down payment prior to the issuance of is ten (10) years.
the bonds authorized by this resolution or any bond anticipation (b) Current funds are not required by the Law
notes issued in anticipation thereof in accordance with Section to be provided as a down payment prior to the issuance of the
107.00 d. 9 of the Law. bonds authorized by this resolution or any bond anticipation
Section 5. Each of the bonds authorized by this notes issued in anticipation thereof in accordance with Section
resolution and any bond anticipation notes issued in 107.00 d. 9. of the Law.
anticipation of the sale of said bonds and the renewals of said Section 5. Each of the bonds authorized by this resolution
notes shall contain the recital of validity as prescribed by and any bond anticipation notes issued in anticipation of the
Section 52.00 of the Local Finance Law. Said bonds and said sale of said bonds and the renewals of said notes shall contain
notes shall be general obligations of the City of Buffalo payable the recital of validity prescribed by Section 52.00 of the Local
as to both principal and interest by general tax upon all the Finance Law. Said bonds and said notes shall be general
taxable real property within said City without limitation as to rate obligations of the City of Buffalo payable as to both principal
or amount. The faith and credit of said City are hereby and interest by a general tax upon all the taxable real property
irrevocably pledged to the punctual payment of the principal of within said City without limitation as to rate or amount. The
and interest on said bonds and said notes. Provision shall be faith and credit of said City are hereby irrevocably pledged for
made annually by appropriation by said City for the payment of the punctual payment of the principal of and interest on said
interest on and for the amounts required for the amortization bonds and said notes. Provision shall be made annually by
and redemption of said bonds and said notes. appropriation by said City for the payment of interest on and for
Section 6. The validity of the bonds authorized by the amounts required for the amortization and redemption of
this resolution or any bond anticipation notes issued in said bonds and said notes.
anticipation of the sale of said bonds, may be contested only if: Section 6. The validity of the bonds authorized by this
(a) such obligations are authorized for an object or resolution or any bond anticipation notes issued in anticipation
purpose for which the City of Buffalo is not of the sale of said bonds may be contested only if:
authorized to expend money, or (a) Such obligations are authorized for an object
(b) the provisions of law which should be complied with or purpose for which the City of Buffalo is not authorized to
at the date of the publication of such resolution are not expend money, or
substantially complied with, (b) The provisions of law which should be
and an action, suit or proceeding contesting such validity, is complied with at the date of the publication of this resolution are
commenced within twenty days after the date of such not substantially complied with,
publication, or and an action, suit or proceeding contesting such
(c) such obligations are authorized in violation of the validity, is commenced within twenty days after the date of
provisions of the constitution. such publication, or
Introduced: December 23, 1997 (C) Such obligations are authorized in violation
LAID 0N THE TABLE of the provisions of the constitution.
Introduced: December 23, 1997
NO.154 LAID ON THE TABLE
BY: MR. FRANCZYK:
BONDRESOLUTION NO.155
$2,000,000BONDS BY: MR. FRANCZYK:
NEIGHBORHOODDEV.DEMOLITION BONDRESOLUTION
ACCOUNT200-717 $1,000,000BONDS
Bond Resolution of the City of Buffalo, New York, authorizing EXPANSIONDELAVAN-MOSELLECENTER
the issuance of $2,000,000 General Improvement Bonds of ACCOUNT200-402
said City, to finance the cost of the demolition of various City-Bond Resolution of the City of Buffalo, New York, authorizing
owned buildings, at the estimated maximum cost of the issuance of $1,000,000 General Improvement Bonds of
$2,000,000. said City, to finance the cost of construction of an addition to
The Common Council of the City of Buffalo, in the County of the Delavan-Moselle Community Center, at the estimated
Erie, New York, hereby resolves (by the favorable vote of not maximum cost of $1,000,000.
less than two-thirds of all the members of said Common The Common Council of the City of Buffalo,
Council) as follows: in the County of Erie, New York, hereby resolves (by the
Section 1. The Comptroller of the City of Buffalo, in the favorable vote of not less than two-thirds of all the members of
County of Erie, New York, is hereby authorized and directed to said Common Council) as follows:
issue General Improvement Bonds of said City in the principal Section 1. The Comptroller of the City of
amount of Two Million Dollars ($2,000,000), pursuant to the Buffalo, in the County of Erie, New York (herein called "City"),
provisions of the Charter of said City and the Local Finance is hereby authorized and directed to issue General
Law, constituting Chapter 33-a of the Consolidated Laws of the Improvement Bonds of said City in the principal amount of One
State of New York (the "Law"); to finance the cost of the Million Dollars ($1,000,000), pursuant to the provisions of the
demolition of various City-owned buildings to provide sites for Charter of said City and the Local Finance Law, constituting
future neighborhood development. The estimated maximum Chapter 33-a of the Consolidated Laws of the State of New
cost of said class of objects or purposes for which the bonds York (the "Law"); to finance the cost of construction of an
authorized by this resolution are to be issued, including addition to the Delavan-Moselle Community Center located at
preliminary costs and costs incidental thereto and the financing 660 Moselle Street. The estimated maximum cost of said
thereof, is $2,000,000 as set forth in the duly adopted Capital specific object or purpose for which the bonds authorized by
Improvements Budget of said City for fiscal year 1997-98, as this resolution are to be issued, including preliminary costs and
amended. costs incidental thereto and the financing thereof, is
Section 2. The proceeds of the sale of the bonds authorized $1,000,000 as set forth in the duly adopted Capital
by this resolution, or any bond anticipation notes issued in Improvements Budget of said City for fiscal year 1997-98, as
anticipation of the sale of said bonds shall be deposited in the amended.
Capital Projects Fund to the credit of the Department of Section 2. The proceeds of the sale of the
Community Development, Division of Development, bonds authorized by this resolution, or any bond anticipation
"Neighborhood Dev.Site Prep, 1997-98", Bond Authorization notes issued in anticipation of the sale of said bonds, shall be
Account No. 200-717, and shall be used for the class of deposited in the Capital Projects Fund to the credit of the
objects or purposes specified in Section 1 of this resolution. Department of Public Works, Division of Buildings, "Expansion
Section 3. The City intends to finance, on an interim basis, Delavan-Moselle Center, 1997-98", Bond Authorization
the costs or a portion of the costs of said improvements for Account No. 200-402, and shall be used for the purpose
which bonds are herein authorized, which costs are reasonably specified in Section I of this resolution.
expected to be incurred by the City, pursuant to this Bond Section 3. The City intends to finance, on an
Resolution, in the maximum amount of $2,000,000. This interim basis, the costs or a portion of the costs of said
Resolution is a declaration of Official Intent adopted pursuant improvements for which bonds are herein authorized, which
to the requirements of Treasury Regulation Section 1. 150-2. costs are reasonably expected to be incurred by the City,
pursuant to this Bond Resolution, in the maximum amount of
Section 4. The following additional matters are hereby $1,000,000. This resolution is a declaration of Official Intent
adopted pursuant to the requirements of Treasury Regulation Account No. 200-402, and shall be used for the specific object
Section 1. 150-2. or purpose specified in Section I of this resolution.
Section 4. The following additional matters Section 3. The City intends to finance, on
are hereby determined and stated: an interim basis, the costs or a portion of the costs of said
(a) The existing building is of Class "B" improvements for which bonds are herein authorized, which
construction as defined by Section 1 1.00 a. 1 1. (b) of the costs are reasonably expected to be incurred by the City,
Law, and the period of probable usefulness applicable to the pursuant to this Bond Resolution, in the maximum amount of
specific object or purpose for which the bonds authorized by $400,000. This Resolution is a declaration of Official Intent
this resolution are to be issued, within the limitations of Section adopted pursuant to the requirements of Treasury Regulation
11. 00 a. 12. (a)(2) of the Local Finance Law, is fifteen (I 5) Section 1. 150-2.
years. Section 4. The following additional
(b) Current funds are not required by the matters are hereby determined and stated:
Law to be provided as a down payment prior to the issuance of (a) Said building is of at a least Class "B" construction, as
the bonds authorized by this resolution or any bond anticipation defined by Section a.11(b) of the Law and the period of
notes issued in anticipation thereof in accordance with Section probable usefulness applicable to the specific object or
107.00 d. 9. of the Law. purpose for which the bonds authorized by this resolution are to
Section 5. Each of the bonds authorized by this resolution and be issued, within the limitations of Section 11.00 a.12(a)(2) of
any bond anticipation notes issued in anticipation of the sale of the Local Finance Law, is fifteen (15) years.
said bonds and the renewals of said notes shall contain the (b) Current funds are not required
recital of validity as prescribed by Section 52.00 of the Local by the Law to be provided as a down payment prior to the
Finance Law. Said bonds and said notes shall be general issuance of the bonds authorized by this resolution or any bond
obligations of the City of Buffalo payable as to both principal anticipation notes issued in anticipation thereof in accordance
and interest by general tax upon all the taxable real property with Section 107.00 d. 9. of the Law.
within said City without limitation as to rate or amount. The Section 5. Each of the bonds authorized by this resolution and
faith and credit of said City are hereby irrevocably pledged to any bond anticipation notes issued in anticipation of the sale of
the punctual payment of the principal of and interest on said said bonds and the renewals of said notes shall contain the
bonds and said notes. Provision shall be made annually by recital of validity prescribed by Section 52.00 of the Local
appropriation by said City for the payment of interest on and for Finance Law. Said bonds and said notes shall be general
the amounts required for the amortization and redemption of obligations of the City of Buffalo payable as to both principal
said bonds and said notes. and interest by a general tax upon all the taxable real property
Section 6. The validity of the bonds within said City without limitation as to rate or amount. The
authorized by this resolution or any bond anticipation notes faith and credit of said City are hereby irrevocably pledged for
issued in anticipation of the sale of said bonds, may be the punctual payment of the principal of and interest on said
contested only if: bonds and said notes. Provision shall be made annually by
(a) such obligations are authorized for an object appropriation by said City for the
or purpose for which the City of Buffalo is not authorized to payment of interest on and for the amounts required for the
expend money, or amortization and redemption of said bonds and said notes.
(b) the provisions of law which should be Section 6. The validity of the bonds
complied with at the date of the publication of such resolution authorized by this resolution or any bond anticipation notes
are not substantially complied with, issued in anticipation of the sale of said bonds may be
and an action, suit or proceeding contesting such validity, is contested only if:
commenced within twenty days after the date of such (a) Such obligations are authorized for an
publication, or object or purpose for which the City of Buffalo is not authorized
to expend money, or
(c) such obligations are authorized in violation (b) The provisions of law which should be
of the provisions of the constitution. complied with at the date of the publication of this resolution are
Introduced: December 23, 1997 not substantially complied with,
LAID ON THE TABLE and an action, suit or proceeding contesting such
validity, is commenced within twenty days after the date of such
NO.156 publication, or
BY: MR. FRANCZYK: (c) Such obligations are authorized in
BONDRESOLUTION violation of the provisions of the constitution.
$400,000BONDS Introduced: December 23, 1997
LANIGANFIELDHOUSERECONSTRUCTION LAID ON THE TABLE
ACCOUNT200-402
Bond Resolution of the City of Buffalo, New York, authorizing NO.157
the issuance of $400,000 General Improvement Bonds of said BY: MR. FRANCZYK:
City and the application of $190,000 State Aid to finance the BONDRESOLUTION
cost of the partial reconstruction of Lanigan Fieldhouse, at the $100,000BONDS
estimated total cost of $590,000. IMPROVEMENTSTOHENNEPINCENTER
The Common Council of the City of ACCOUNT200-402
Buffalo, in the County of Erie, New York, hereby resolves (by
the favorable vote of not less than two-thirds of all the members Bond Resolution of the City of Buffalo, New York, authorizing
of said Common Council) as follows: the issuance of $100,000 General Improvement Bonds of said
Section 1. The Comptroller of the City of City, to finance the cost of the partial reconstruction of the
Buffalo, in the County of Erie, New York, is hereby authorized Hennepin Center, at the estimated maximum cost of $100,000.
and directed to issue General Improvement Bonds of said City The Common Council of the City of
in the principal amount of Four Hundred Thousand Dollars Buffalo, in the County of Erie, New York, hereby resolves (by
($400,000), pursuant to the provisions of the Charter of said the favorable vote of not less than two-thirds of all the members
City and the Local Finance Law, constituting Chapter 33-a of of said Common Council) as follows:
the Consolidated Laws of the State of New York (the "Law"), in Section 1. The Comptroller of the City of
addition to the application of $190,000 State Aid expected to be Buffalo, in the County of Erie, New York, is hereby authorized
received, to finance the cost of the partial reconstruction of and directed to issue General Improvement Bonds of said City
Lanigan Fieldhouse located at 146 Fulton Street, including in the principal amount of One Hundred Thousand Dollars
modernization of mechanical systems. The estimated total ($100,000), pursuant to the provisions of the Charter of said
cost of said specific object or purpose for which the bonds City and the Local Finance Law, constituting Chapter 33-a of
authorized by this resolution are to be issued, including the Consolidated Laws of the State of New York (the "Law"); to
preliminary costs and costs incidental thereto and the financing finance the cost of the partial reconstruction of the Hennepin
thereof, is $590,000 as set forth in the duly adopted Capital Center, including installation of new gymnasium floors and
Improvements Budget of said City for fiscal year 1997-98, as locker facilities. The estimated maximum cost of said specific
amended. object or purpose for which the bonds authorized by this
Section 2. The proceeds of the sale of the resolution are to be issued, including preliminary costs and
bonds authorized by this resolution, or any bond anticipation costs incidental thereto and the financing thereof, is $100,000
notes issued in anticipation of the sale of said bonds shall be as set forth in the duly adopted Capital Improvements Budget
deposited in the Capital Projects Fund to the credit of the of said City for fiscal year 1997-98, as amended.
Department of Public Works, Division of Buildings, Section 2. The proceeds of the sale of the
"Restoration Lanigan Fieldhouse, 1997-98", Bond Authorization bonds authorized by this resolution, or any bond anticipation
notes issued in anticipation of the sale of said bonds shall be That pursuant to section 359 of the Charter and the Certificate
deposited in the Capital Projects Fund to the credit of the of the Mayor and the Comptroller submitted to the Common
Department of Public Works, Division of Buildings, Council, the Budget for Capital Improvements for the fiscal year
"Improvements Hennepin Center, 1997-98", Bond 1997-98 be and the same is hereby amended by adding the
Authorization Account No. 200-402, and shall be used for the following item under the heading:
specific object or purpose specified in Section 1 of this 200 - 402 - King Urban Life Center - Early Childhood Center
resolution. $400,000
Section 3. The City intends to finance, on PASSED
an interim basis, the costs or a portion of the costs of said AYES 13 NOES 0
improvements for which bonds are herein authorized, which
costs are reasonably expected to be incurred by the City, NO.160
pursuant to this Bond Resolution, in the maximum amount of BY: MR. FRANCZYK
$100,000. This Resolution is a declaration of Official Intent ORDINANCEAMENDMENT
adopted pursuant to the requirements of Treasury Regulation CHAPTER131-CERTIFICATEOFOPERATION
Section 4. The following additional matters are hereby The Common Council of the City of Buffalo does hereby
determined and stated:. ordain as follows:
(a) The existing building is of Class “B" construction as defined That a new Chapter 131 of the Code of the City of Buffalo be
by Section 1 1.00 a. 11.(b) of the Law, and the period of added to read as follows:
probable usefulness applicable to the specific object or Chapter 131 Certificate of Operation Section 131-1.
purpose for which the bonds authorized by this resolution are to Purpose. The purpose of this chapter is to establish regulatory
be issued, within the limitations of Section 11.00 a. 12. (a)(2) of controls to ensure that certain businesses are operated in
the Local Finance Law, is fifteen (15) years. accordance with law, do not have a serious negative impact
(b) Current funds are not required by the upon surrounding residential neighborhoods, or do not
Law to be provided as a down payment prior to the issuance of endanger the health, safety or welfare of persons in the City of
the bonds authorized by this resolution or any bond anticipation Buffalo.
notes issued in anticipation thereof in accordance with Section Section 131-2. Definitions.
107.00 d. 9. of the Law. As used in this chapter, the following terms shall have the
meanings indicated:
Section 5. Each of the bonds authorized by this resolution and BAR - A premises where alcoholic beverages are sold for
any bond anticipation notes issued in anticipation of the sale of consumption on the premises; or a premises operated for profit
said bonds and the renewals of said notes shall contain the or pecuniary gain or as a place of assembly where alcoholic
recital of validity prescribed by Section 52.00 of the Local beverages are provided by the operator of the premises, his or
Finance Law. Said bonds and said notes shall be general her agents, servants or employees, or are brought onto said
obligations of the City of Buffalo payable as to both principal premises by persons assembling there.
and interest by a general tax upon all the taxable real property BUSINESS - A bar, food store, drug store or restaurant as
within said City without limitation as to rate or amount. The defined herein.
faith and credit of said City are hereby irrevocably pledged for COMMISSIONER OF COMMUNITY DEVELOPMENT - The
the punctual payment of the principal of and interest on said Commissioner of Community Development or his designee.
bonds and said notes. Provision shall be made annually by DRUG STORE - A premises where prescription drugs are sold
appropriation by said City for the payment of interest on and for at retail, together with dry goods, food or beverages.
the amounts required for the amortization and redemption of FOOD STORE - A premises with a total floor space less than
said bonds and said notes. twenty thousand (20,000) square feet in which fifty percent
Section 6. The validity of the bonds (50%) or more of its sales area is devoted to the sale of food
authorized by this resolution or any bond anticipation notes and beverage items to be consumed off the premises.
issued in anticipation of the sale of said bonds may be RESTAURANT - A premises where food is sold to be
contested only if: consumed on the premises. This definition shall not include a
(a) Such obligations are authorized for an premises where a non-alcoholic beverage or snack is available
object or purpose for which the City of Buffalo is not authorized but is incidental to the conduct of the business at the premises.
to expend money, or PUBLIC NUISANCE - For purposes of this chapter, a public
(b) The provisions of law which should be nuisance shall be deemed to exist whenever through violations
complied with at the date of the publication of this resolution are of any of the following provisions resulting from separate
not substantially complied with, incidents at a building, erection or place, twelve (12) or more
and an action, suit or proceeding contesting such points are accumulated within a period of six (6) months, or
validity, is commenced within twenty days after the date of such eighteen (I8) or more points within a period of twelve (12)
publication, or months, in accordance with the following point system. Where
(c) Such obligations are authorized in more than one (1) violation occurs during a single incident, the
violation of the provisions of the constitution. total points for the incident shall be the highest point value
Introduced: December 23, 1997 assigned to any single violation.
LAID ONTHE TABLE SIGNIFICANT CHANGE IN MANAGEMENT OR PROPERTY
OWNERSHIP - A transfer of the title of the
NO158 the property from one entity to another, regardless of familial
By: MR. FRANCZYKrelationship or an arrangement wherein the operation of the
INCREASEDAPPROPRIATION business is leased to, or managed by, an entity that is not the
DEPARTMENTOFPUBLICWORKS-DIVISIONOFowner.
ENGINEERING VIOLATION - An action as listed in Section 131-8 of this
That, Pursuant to Section 41 of the Charter and the Chapter by any person on or about the premises holding the
Certificate of the Mayor and the Comptroller submitted to the Certificate of Operation which requires the intervention of the
Common Council, the appropriation in the budget for the City of Buffalo.
current fiscal year for Appropriation Allotments - Department of Section 131-3. Certificate of Operation Required.
Public Works - Division of Engineering - Operation of Bridges - No person shall operate or maintain a business within the City
Non-Professional Personal Services, be and the without first having obtained a Certificate of Operation
same hereby is increased in the sum of $55,347. authorizing the operation of said business by said operator at
That, the comptroller be and hereby is authorized and directed the specific business location. The Certificate of Operation is
to increase the revenue estimate of account: non-transferable. A new Certificate of Operation must be
100 - General Fund 401 - Department of Public Works 402 obtained whenever there is a significant change in
City Revenues 92064 Marina Rental $55,347 management or property ownership. The Certificate of
To meet the increased appropriation as set forth below: Operation shall run indefinitely unless such a change occurs.
40 Department of Public Works 1 Division of Engineering Failure to obtain a Certificate of Operation or operating a
013 - Operation of Bridges 580 Non-Professional Personal business without a Certificate of operation shall be punishable
Services $55,347 by the immediate assessment of twenty (20) points.
PASSED Section 131-4. Application.
AYES 13 NOES 0 An application for a Certificate of Operation shall be made to
the Office of Licenses on forms prescribed by the
NO.159 Commissioner of Community Development. The application
BY:MR.FRANCZYK shall request relevant information relating to the operator and
CAPITALBUDGETAMENDMENT the business to be conducted at the premises, including
Addition to Budget for Capital Improvements 1 997-98 whether any other licenses and permits are necessary for the
business. No other licenses or permits shall be issued until the sexual performances by a child.
applicant has obtained or applied for a Certificate of Operation. Section 131-8. Violations
Section 131-5. Inspections (1)The following violations shall be assigned to a point value of
Upon receipt of an application for a Certificate of Operation, the six (6) points:
Director of Inspections, Licenses and Permits shall review the (a)Article 220 of the Penal Law - Controlled Substances
entire business location (including accessory and related Offenses.
locations) to ensure that the operation of the business at that (b)Article 221 of the Penal Law - Offenses involving Marijuana.
location will be in compliance with all building and zoning laws. (c)Article 225 of the Penal Law - Gambling Offenses.
A check shall be made to ensure that the applicant is not (d)Article 230 of the Penal Law - Prostitution Offenses.
serving a period of suspension or revocation of a previous (e)Sections 165.40, 165.45, 165.50, 165.52 and 165.54 of the
Certificate of Operation, or is not the subject of pending Penal Law Criminal Possession of Stolen Property.
charges brought pursuant to any applicable law of the City or (f)The Alcoholic Beverage Control Law.
the State. The Commissioner of Community Development, the (g)Article 265 of the Penal Law - Firearms and other
Commissioner of Police and the Commissioner of Fire may Dangerous Weapons.
cause an inspection of the premises to be made to determine (h)Sections 260.20 and 260.21 of the Penal Law - Unlawfully
whether the applicant is complying with the laws and Dealing with a Child.
ordinances which they are charged with enforcing. The (i)Article 263 of the Penal Law - Sexual Performance by a
Commissioner of Community Development, the Commissioner Child.
of Police and the Commissioner of Fire and members of their j.)Section 415-a of the Vehicle and Traffic Law - Vehicle
staff shall have the right to enter upon any premises for which a Dismantlers.
Certificate of Operation is sought for the purpose of making (k)Section 1 75. 1 0 of the Penal Law - Falsifying Business
such an inspection during normal business hours, and shall Records.
also have the authority to seek warrants where the same are (l)Sections 170.65 and 170.70 of the Penal Law - Forgery of
constitutionally required. and Illegal possession of a Vehicle Identification Number.
Section 131-6. Issuance of Certificate (m)Possession, use, sale, or offer for sale, of any alcoholic
No Certificate of Operation shall be issued unless the applicant beverage in violation of Article 18 of the Tax Law, or of any
has fully complied with the provisions of this chapter. No cigarette or tobacco products in violation of Article 20 of the
Certificate of Operation shall be issued to an applicant during Tax Law.
the term of a suspension or revocation of a previous Certificate (n)Article 158 of the Penal Law - Welfare Fraud.
of Operation or while charges brought pursuant to any (o)Article 178 of the Penal Law - Criminal Diversion of
applicable law of the City or the State are pending against the Prescription Medications and Prescriptions.
applicant. No person shall maintain or operate a business for (p)Section 147 of the Social Services Law - Food stamp
which a Certificate is required under this chapter more than program fraud.
ninety (90) days after the effective date of this chapter, unless (2)The following violations shall be assigned a point value of
he or she has properly filed a Certificate application. Initial four (4) points:
Certificates shall be issued or denied within one hundred fifty (I (a)Chapter 341 of the Code - Property Maintenance.
50) days after the effective date of this chapter. Thereafter, (b)Operating a business during hours which the business is
Certificates shall be issued or denied within thirty (30) days required to be closed.
after an application is completed. (c)Allowing persons on the premises in excess of occupancy
Section 131-7. Operation of Businesses. limits.
A. The owner and operator of any business shall comply with (3)The following violations shall be assigned a point value of
all provisions of federal, state and local laws and ordinances three (3) points:
relating to the conduct of businesses and the occupation, use (a)Section 216-9 of the Code - Littering.
and maintenance of the premises. (b)Chapter 293 of the Code - Noise.
B. The owner and operator of any business shall comply with (c)Section 78-20 of the Code - Howling Dogs.
all notices, orders, decisions and rules and regulations made (d)Suffering or permitting the premises to become disorderly,
by the Commissioner of Police, Commissioner of Fire, including suffering or pennitting fighting or lewdness.
Commissioner of Community Development and the City (4)For purposes of this section, a conviction for an offense in a
Planning Board governing the occupation and use of said court of competent jurisdiction or an administrative bureau shall
premises. not be required. Instead, the City shall prove by a
C. The owner and operator of any business shall cause the preponderance of the evidence that the violations have
Certificate of Operation to be posted in a conspicuous place occurred. However, a conviction as defined and applied in
visible to the public on the premises of the business. accordance with the provisions of violation of the specified
D. The owner and operator of any business shall not permit at provision. Section 131-9. Penalty Points
any time a greater number of persons on the premises than the Points shall be assessed against the owner, operator and
capacity approved by the City. business concurrently. The Commissioner of Community
E.. The owner and operator of any business shall maintain Development shall have the discretion to modify or reduce the
good order on and about the premises at all times. The penalty assessed an owner, operator or business upon an
premises shall include the building in which the business is investigation which reveals that the interests of justice would be
located, as well as accessory structures and uses, including best served by releasing the liability upon the owner, operator
parking lots, and the land on which the building is located. The or business. Points assessed to a business shall remain with
owner and operator of any business shall also be responsible the business despite any change in ownership or operation
to remove refuse and obstructions from the sidewalk in until such time as the nuisance abatement penalty period has
accordance with the City Code, and to operate the business so expired or the Commissioner of Community Development has
that neither the business nor its patrons become a source of modified the penalty period.
disruption to other building tenants or on the sidewalks, streets Section 131 - 10. Abatement of Nuisances
or other private property in the vicinity of the business, The lack (1) In addition to the enforcement procedures established
of good order shall include, but not be limited to, the following: elsewhere, the Commissioner of Community Development,
(1)Suffering or permitting the premises to become disorderly, after notice and opportunity for a hearing with respect to a
including suffering or permitting fighting or lewdness. public nuisance, shall be authorized:
(2)Gambling. a. To stop the operation of the business or to close of the
(3)Prostitution. building, erection or place to the extent necessary to abate the
(4)Illegal possession, use, gift, sale, or offer for sale of nuisance; or
alcoholic beverages. b)To suspend for a period not to exceed six (6) months or
(5)Illegal possession, use, gift, sale or offer for sale of revoke for a period of one (1) year a Certificate of Operation
cigarettes or tobacco products. issued for such premises, and to prevent the operator from
(6)Food stamp or welfare fraud or criminal diversion of obtaining a new Certificate of Operation for another location for
prescription medications and prescriptions. the period of suspension or revocation- or
(7)Litter. (c)To suspend for a period not to exceed six (6) months or
(8)Possession, use, gift, sale, or offer for sale of illegal drugs revoke for a period of one (1) year any occupational license or
or drug paraphernalia. permit issued by the City related to the conduct of a business
(9)Noise Violations. or trade at the premises, which suspension or revocation shall
(I0 Possession of stolen property. also apply to any other locations operated by the holder for
(11)Operating beyond the legal hours of operation. which the license or permit is required; or
(12)Illegal possession, use, gift, sale, or offer for sale of (d)Any combination of the above.
dangerous weapons. (2)Proceedings shall be commenced by service of the notice
(13)Unlawftilly dealing with a child or allowing or permitting and opportunity for a hearing within sixty (60) days after the
occurrence of the most recent violation cited in the notice. WHEREAS: The Old First Ward Community Association, Inc.,
Section 13 1 -11. Effective Date a not-for-profit community based organization, is proposing to
This ordinance shall become effective June 4, 1998. build a 16-unit low-income rental Senior Citizen Apartment
It is hereby certified, pursuant to Section 34 of the Charter, that building at 67 Vincennes, which is directly across the street
the immediate passage of the foregoing ordinance is from the Old First Ward Community Association; and,
necessary. WHEREAS: A neighborhood survey demonstrates a great
APPROVED AS TO FORM need for senior housing in the Old First War community; and,
Michael B. Risman WHEREAS: The Old First Ward will utilize $200,000 in city
Corporation Counsel HOME funds, approximately $500,000 from the New York
REFERRED TO THE COMMITTEE ON LEGISLATION State Low Income Housing Trust Fund and $700,000 from Low
Income Housing Tax Credits; and,
NO.161 WHEREAS: The application for New York State DHCR
BY: MR. FRANCZYK funding must be submitted prior to the January 12, 1998
RE-APPOINTMENTSTOTHEBROADWAYMARKETdeadline; and,
BOARD WHEREAS: The Old First Ward Association, Inc. must
Whereas: Robert Sienkiewicz, of 808 Fillmore, Daniel procure site control of 67 Vincennes prior to DHCR application
Glowacki, of 90 Warren, and Gregory Ohna, of 615 Fillmore submission; and,
Avenue Current Board Members of the Broadway Market NOW THEREFORE BE IT RESOLVED:
Management Corporation have served the Market dutifully; and That the Common Council approves the City of Buffalo transfer
Whereas:Their term appointments expire at the end of this of 67 Vincennes to the Old First Ward Community Association
month; and pending the approval of DHCR and Housing Tax Credit
Whereas:Their faithfulness to Buffalo and the Broadway funding.
Market community cannot be matched; and PASSED
Whereas: Their devotion warrants each another three year AYES 13 NOES 0
term;
Now, Therefore Be It Resolved: NO.164
That this Common Council appoint Robert Sienkiewicz, of 808 BY: MS. GRAY
Fillmore Avenue Daniel Glowacki, of 90 Warren, and Gregory INDEPTHLOOKINTOCOMPLAINTSOFPOLICE
Olma, of 615 Fillmore Avenue, for another term to the Board of BRUTALITYANDMISCONDUCT:
the Broadway Market Management Corporation. Whereas A recent increase in the number of complaints
ADOPTED involving brutality and misconduct allegedly perpetrated by
some Buffalo Police officers against citizens of Buffalo has
NO.162 been a cause for great concern in the City of Buffalo; and
BY: MESSRS FRANCZYK AND ZUCHLEWSKI Whereas: Several community groups have filed complaints of
CHANGEORDERS physical and verbal abuse citizens from all age groups, and
Whereas: Over the last decade, this Common Council has particularly those from the minority and lower income
been plagued with a constant flow of change in contract orders community, met at the hands of some Buffalo Police Officers;
submitted from the Department of Public Works and the Board and
of Parking; and Whereas: Articles written on alleged police brutality have
Whereas: In an attempt to get a handle on this constant inflow appeared in the Buffalo News, the Buffalo Challenger and local
of change orders, this Council has responded through several television, heightening the public's awareness of this issue; and
resolutions; and Whereas: Some citizens' complaints include; excessive use
Whereas: Resolution #182, C.C.P. April 1, 1986 - "Ordering of of pepper spray, a high speed chase by police officers ending
Work Without Council Approval", specifically reminds with the assumed assailant getting hit by a pair of police
department heads that under the City Charter work done vehicles, an II yr old child allegedly tormented by Buffalo Police;
without prior Common Council approval may subject the and
department head to personal liability for the contract costs and Whereas: Police brutality is a violation of civil rights and, if
also subject the contractors to unfair and unnecessary delays proven, may cause an increase in civil suits filed against the
in receiving payment for their work; and city. Other repercussions may include, an increase in large
Whereas: Resolution # 182 further stated in its resolve that the pay outs by the City and taxpayers when forced to settle police
Corporation Counsel prepare a Charter Amendment to Sec. brutality and misconduct suits; and
403 which will read as follows, "where the head of the Whereas: Various community organizations have been
department or of any City agency certifies in writing that owing exploring ways of identifying and restraining if necessary
to unforeseen contingencies in the carrying out of any contract occurrences of brutality and misconduct. Although we do not
for any work or improvement, any additional work is necessary know whether these allegations will be proven, we do know that
for the completion thereof, the Council must authorize the same the lack of proper oversight can create a climate in which such
by a three-fourths vote of its membership prior to the execution abuses will occur; and
of all change orders in excess of two thousand dollars Whereas: One of the City of Buffalo's functions is to oversee
($2,000)"; and the power and authority given to our police department, which
Whereas:Resolution #174, C.C.P. March 4, 1986 - "Contract enforces the laws and protects and serves our citizens.
Changes-Department of Public Works", and Resolution # 1 69, However, charges of brutality against the citizens of Buffalo
C.C.P. September 2, 1986- "Cost Over Runs and Change must not be tolerated; and
Orders" have also been adopted by this Council; and Whereas: It is necessary that the City begin to take an in-
Whereas:As recently as October 14, 1997, Item #7 - "Change depth look at the allegations of
in Contract- Reconstr. Var. Ramps" was filed with this brutality and misconduct in our police department. The City
Council, requesting nearly I million dollars for work done must fully understand the practices, policies, and procedures
without prior Common Council approval; and of the Police department and, if necessary, cause changes to
Whereas:This blatant disregard of the City of Buffalo Charter be made while allowing the City to more effectively handle this
and this Common Council must come to an end. issue.
Now, Therefore, Be It Resolved: Now, Therefore, Be It Resolved:
That this Common Council requests the Corporation Counsel, That the Common Council directs the Buffalo Police
the Department of Community Development, the Department of Department to submit a report detailing:
Public Works and the Board of Parking to amend to all 1. The number of brutality complaints against the police
contracts let out by the City of Buffalo that will set a dollar department over the past 5 years, on an annual basis.
amount that shall not be exceeded for contracts bid on a unit 2. The mechanisms currently in place to monitor complaints of
pricing basis. brutality and/or misconduct.
REFERRED TO THE COMMITTEE ON FINANCE, 3. The number of reports filed by police officers from each An
COMMISSIONER OF COMMUNITY DEVELOPMENT, estimate district who claimed to have used force.
COMMISSIONER OF PUBLIC WORKS AND BOARD OF 4. of how frequently police officers use physical force in their
PARKING daily encounters with citizens.
5. A copy of the departments formal written polices on how
NO.163 officers are supposed to behave in particular situations.
BY: MR. FRANCZYK AND MRS. LOTEMPIO (Especially in situations pertaining to this issue).
TRANSFER67VINCENNESTOOLDFIRSTWARDBe, It further Resolved:
COMMUNITYASSOCIATION,INC. That the Common Council directs the Law Department to file a
WHEREAS: 67 Vincennes Street is a City of Buffalo owned report listing:
RAPP lot, which is currently underutilized; and, 1. All lawsuits and/or claims filed against the police department,
and including the cause-in-fact of each claim. ordain as follows:
2. The number of officers involved in a lawsuit or claim and list That Section 491-23 of Chapter 491 of the Code of the City of
the name of each officer. Buffalo be amended to read as follows:
3. List officers who were repeatedly named in the suits or § 491-23. Size and makeup of service pipe.
claims and the department and district they are assigned. A. The minimum nominal internal diameter of water
4. A detailed report of impending lawsuits and the outcome of service pipe shall be three-fourths (3/4) inch, and, except as
the resolved suits. Include the dollar amount the City paid in otherwise herein permitted, the maximum nominal internal
damages or settlement in each case. diameter shall be two (2) inches.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE (1)Such service pipe shall be of any of the following materials:
COMMISSIONER OF POLICE AND THE CORPORATION [(a)] [Lead.]
COUNSEL. [(b)] Ua Type K copper water tube.
RCA (b) SPS copper pipe.
NO.165 [(d)] Up SPS eighty-five-percent red brass pipe. [(e)] Od Extra-
BY: MRS. LOCKWOOD heavy wrought-iron galvanized pipe. [(f)] Ue Bell-and-spigot
PAYMENTOFCERTAINSMALLCLAIMS cast-iron pipe.
Whereas, the Common Council, by Item No. 184, C.C.P., (2) Standard wrought-iron galvanized pipe with galvanized
June 26, 1979, established a specific procedure for payment of fittings may be used in lieu of the foregoing materials between
claims of $100.00 or less and Claims under Section 207 (a) the curb cock and the building.
and (c) of the General Municipal Law, which pertain to medical B. Service lines over two (2) inches in nominal internal
bills of Policemen and Firemen in any amount; and diameter, when approved and permitted by the Commissioner
Whereas, the Common Council, by Item No. 104, C.C.P., of Public Works, shall be of any of the following materials:
April 29, 1997, established that all garbage can claims arising (1)SPS hard copper pipe.
out of the activities of the Department of Street Sanitation that (2) SPS eighty-five-percent red brass pipe.
are related to refuse and recycling be paid out of the Solid (3) Extra-heavy wrought-iron galvanized pipe.
Waste & Recycling Enterprise Fund Budget Account only if the (4)Mechanical-joint cast-iron pipe.
claims took place after October 1, 1996; and (5)Bell-and-spigot cast-iron pipe.
Whereas, the subject claims are eligible for consideration C. All service pipe, fittings and accessories shall be of new
under the said procedures-, and materials when installed and shall be subject to the approval of
Whereas, the Department of Law has verified the validity of the Commissioner of Public Works based on accepted national
the claims and recommend payment thereof, standards.
Now Therefore, Be It Resolved: [(I)] [Lead service pipe shall be of the following grades,
That the Comptroller be, and hereby is authorized to make minimum thickness and weights:
payment of the following claims, and that said payment be Internal Weight per
charged against the "Judgment and Claims Account" in the Diameter Thickness Linear Foot (inches) (inches) (pounds)
Department of Law or be charged against the Solid Waste & AA LEAD PIPE
Recycling Enterprise Fund Budget Account: 3/4 0.23 3.5
I Angelo M. Caserta Claim for loss of garbage can at 459 Bird 1 0,246 4.75
Avenue on 10/39/97. $ 10.00 1 1/4 0.257 6.0
4. Joyce W. Hollis Claim for flower pot that was taken in error AAA LEAD PIPE
by the Department of Street Sanitation during trash 1 1/2 0.386 11.25
pickup at 59 Linden Park on 8/27/97. 45.00 · 0.506 19.5]
5 Anna Kulik Claim for loss of garbage can at 165 Smith Street [(2)] (D Type K soft copper tube shall be made of deoxidized
on 11/3/97. $ 10.00 copper, ninety-nine-and-ninetenths-percent pure, and shall be
6. Karen Machelski Claim for loss of garbage can at 443 Gold sound and free from any defects. All tubes shall be stamped
Street on 10/29/97. $ 10.00 with the manufacturer's name or designation at frequent
7. Laveria Marshall Claim for loss of garbage can at 100 Timon intervals and shall be able to withstand an internal pressure of
Street on 10/1/97. $ 10.00 seven hundred (700) pounds per square inch.
8. Charles F. Murphy Claim for loss of garbage can at 354 Villa [(3)] Q SPS copper pipe shall be manufactured of dioxidized
Avenue in September 1997. $ 9.00 copper, ninety-nine-and-ninetenths-percent pure, and shall be
9. Jeanne Murphy Claim for loss of garbage can at 176 Pries free from defects. Each length shall be stamped with size and
Avenue on 10/l/97 $ 12.00 grade.
10. Rodrick M. Nickson Claim for loss of garbage can at 178 [(4)] SPS and eighty-five percent (85%) copper and fifteen
Wallace Avenue in September 1997. $ 13.00 percent (15%) zinc and free from defects. Each length shall be
11. Edward O'Donnell Claim for loss of garbage can at 70 stamped with size and grade.
O'Connell Avenue on 8/11/97. $10.00 [(5)] t4) Wrought-iron pipe shall conform to the latest
12. Thomas H. Ortner Claim for loss of garbage can at 66 Specifications for Welded Wroughtiron Pipe (Designation A72)
Henrietta Avenue on 3/12/97, $8.00 of the American Society for Testing and Materials. Wrought-
13. Tiago J. Paulo Claim for loss of garbage can at 168 iron pipe and fittings shall be galvanized inside and outside by
Greenfield Street on 6/16/97. $8.50 the hot-dip process conforming to the aforementioned
14. Pearl Potts Claim for loss of garbage can at 145 Poultney specification of the American Society for Testing and Materials.
Avenue on 10/20/97. $10.00 [(6)] Cast-iron pipe shall conform to the latest Specifications for
15. RMA Kolko Corporation Claim for payment of prior fiscal Cast Iron Pipe (Designation C 102, C 106 and C 108) of the
year Invoices #40170938-00 & #40170938-10 American Water Works Association. The minimum thickness
for services rendered to the Fire Department. $26.64 of pit-cast pipe shall be that of Class B and of centrifugal cast
16. Dennis Shatzel Claim for loss of garbage can at 201 pipe shall be that of Class 150.
Columbus Avenue on 5/6/97. $13.00 It is hereby certified, pursuant to Section 34 of the Charter, that
17. Katherine Silmon Claim for loss of garbage can at 951 the immediate passage of the foregoing ordinance is
Sycamore Street on 9/12/97. $8.25 necessary.
18. Robert Strianese Claim for loss of garbage cans at 355 APPROVED AS TO FORM
Baraga Street on 10/29/97. $22.50 Michael B. Risman
19. Arnold Susat Claim for loss of garbage can at 84 Elgas NOTE: Matter in brackets [ ] to be deleted; matter underlined
Street on IO/15/97. $10.00 is new.
20. Keith Sutherland Claim for loss of garbage can at 137 PASSED
West Woodside on 10/30/97. $12.00 AYES 13 NOES 0
21. World Discounts Automotive& Collision Supply Warehouse
Claim for payment of prior fiscal year Invoice #769814 for NO.167
services rendered to the Department of General Services. BY: MRS. LOCKWOOD
$9.95 Investigation by the Department of Law reveals that the SETPUBLICHEARING
above claims are valid and payment is hereby recommended. SENECA-CAZSENIORHOUSINGPROJECT
PASSED APPROVALOFAMENDMENTTOLANDDISTRIBUTION
AYES 13 NOES 0 AGREEMENTSENECA-CAZENOVIACOMMUNITY
SQUARECORP.
NO.166 WHEREAS, Seneca-Cazenovia Community Square
BY: MRS. LOCKWOOD Corp. (hereinafter referred to as the "Redeveloper") has been
ORDINANCEAMENDMENT previously duly designated as qualified and eligible
CHAPTER491-WATERANDWATERPOLLUTION Redeveloper in accordance with the rules, regulations and/or
The Common Council of the City of Buffalo does hereby procedures prescribed by the City of Buffalo Urban Renewal
Agency (hereinafter referred to a the "Agency"); and ADOPTED
WHEREAS, the Agency and the Redeveloper have
negotiated an Amendment to Land Disposition Agreement for NO.169
the continuation of the disposition for the construction of BY MRS. LOTEMPIO
residential dwelling units, for senior citizens together with RE:ORDINANCEAMENDMENT
parking for residents, their visitors and/or employees, CHAPTER137CODEENFORCEMENT
representatives and/or agents of the Seneca-Caz Senior The Common Council of the City of Buffalo does hereby ordain
Housing situate in the proposed project area known as the as follows:
Seneca-Caz Senior Housing Project within the Community That Chapter 137-7 of Chapter 137 of the Code of the City of
Wide Urban Renewal Demonstration Program Area; and Buffalo be amended to read as follows:
WHEREAS, the proposed Amendment to Land Fine Initial Additional Maximum
Disposition Agreement has been forwarded by the Agency to FINE CLASS A $10.50 $10.50 $10.50 $31.50 [*Sidewalks not
this Common Council for the appropriate action, pursuant to cleaned of ice and snow - Chapter 413 - Section 50]
Section 507, Subdivision 2 (d) of New York State General Fine Initial Additional Maximum
Municipal Law; and FINE CLASS B $30.00 $30.00 $30.00 $90.00
WHEREAS, Article 15 A of New York State General *Sidewalks not cleaned of ice and snow - Chapter 413 -
Municipal Law; requires that the disposition of municipally Section 50 *Taxicab and LivM - Drivers License Required -
owned land within an Urban Renewal Project Area shall be Chapter 437-9
approved only upon the completion of a public hearing, held on Fine Initial Additional Maximum
due notice. FINE CLASS C $52.50 $52.50 $52.50 $157.50
NOW, THEREFORE, BE IT RESOLVED: *Deposits on streets or public places prohibited - Chapter 413 -
1. That the Clerk of the City of Buffalo is hereby directed to Section 4
publish the notice attached hereto, identified as "Notice of *Landscape and snow removal - License Required - Chapter
Public Hearing" in the Buffalo News, no later than Friday, 144-16
December 26, 1997. *Laundries and Clothes Cleaners - License Required - Chapter
2. That this Common Council shall conduct a Public Hearing 259-2
on the matter set forth in the said "Notice of Public Hearing"; at *Flammable Liquids - License Required for storage, sale,
2:00 o'clock p.m. in the Council Chambers on Tuesday, handling, use or transport -
January, 1998. Chapter 186-1
ADOPTED *Repair, service, storage garages - License Required - chapter
186-13(c)
NO.168
BY: MRS. LOCKWOOD AND Mr. COPPOLA fine initial additional maximum
REQUESTLOWERELECTRICRATESFOR FINE CLASS D $75.00 $75.00 $75.00 $225.00
MERCYHOSPITAL *Taxicabs and Liveries - License Required on Motor Vehicle -
Whereas: Recent developments at Mercy Hospital in South Chapter 437-4
Buffalo where management and labor spent many hours re- fine initial additional maximum
negotiating contracts to save on operating expenses, and thus FINE CLASS G $200.00 $200.00 $200.00 $600.00
save jobs, further demonstrates the need for lower energy rates contractors - License Required - Chapter 144-2(A)(1)
throughout Western New York; and *Scrap Processors - License Required - Chapter 254-6
Whereas: Mercy Hospital spent $1,411,437 million for It is hereby certified, pursuant to Section 34 of the Charter of
electricity in 1996, and it is estimated that figure will reach the City of Buffalo, that the immediate passage of the foregoing
$1,495,436 for 1997; and ordinance is necessary.
Whereas: Niagara Mohawk Power Corporation regularly Approved As to Form
negotiates lower rates with corporations to lower operating Michael B. Risman
expenses, thus ensuring expansion and jobs; a good example Corporation Counsel
being M. Wile Company; and REFERRED TO THE COMMITTEE ON LEGISLATION,THE
Whereas: At a recent press conference on South Park Avenue, DIRECTOR OF ADMINISTRATIVE ADJUDICATION AND
it was announced by NiMo CEO Davis and Mayor Masiello that THE DIRECTOR OF LICENSES.
a special, lower rate (reported to be 3 cents per kwh or lower) Note: Matter in () to be deleted.
was being extended to New Village Farms, a new corporation Matter
locating in one of the city's Brownfields areas; and
Whereas: NiMo should be just as cooperative with our valued NO.170
existing corporations, and especially our medical institutions, BY: MRS. LOTEMPIO
which contribute not only needed medical service but employ REQUESTNEWYORKSTATEOFFICEOFREAL
thousands who contribute heavily to the economy in this area. PROPERTYSERVICESTOCHANGEREALPROPERTY
Now therefore be it resolved that TRANSFERREPORT(RP-5217)
This Common Council is sensitive to the economic reality of Whereas:The City of Buffalo has encountered serious
doing business in this area and applauds Niagara Mohawk difficulties in obtaining proper mailing address information in
Power Corporation's willingness to offer special, lower rates of relation to the transfer of ownership of real property within the
3 cents per kwh or lower to corporations such as M. Wile and City; and
New Village Farms, thus ensuring expansion and jobs; and Whereas:In 1995, the Common Council passed a local law,
Be it further resolved that concerning the Property Owner Registration Law, amending
Niagara Mohawk Power Corporation extend its generosity to sections 157, 158, and 159 of Article 9 of the City Charter
Mercy Hospital and the other medical institutions in the City of requiring the owner of property to register their telephone
Buffalo by offering the same special, lower rate of 3 cents per number with the Department of Assessment and prohibiting the
kwh or lower to ensure the viability of these institutions, which use of a post office box as a legal address; and
contribute not only needed medical service but employ Whereas: When there is a transfer of ownership of real
thousands who, in turn, contribute heavily to the economy in property, the information entered into the Department of
this area; and Assessment database, which is used by several local, state,
Be it further resolved that and federal agencies, is obtained from the Real Property
The City Clerk send certified copies of this resolution to William Transfer Report (RP-5217) that is administered by the New
E. Davis, Chairman and CEO of Niagara Mohawk Power York State Office of Real Property Services; and
Corporation with the request that NiMo extend the same Whereas: This report, which includes tax billing address
favorable rates to Mercy Hospital and the other medical information, requires the purchaser to indicate where tax bills
institutions in the City of Buffalo; are to be sent if the address is different from the property
Be it finally resolved that location. However, the form does not prohibit the use of a post
The City Clerk send certified copies of this resolution to Mayor office box; and
Anthony Masiello; James Connolly, CEO of Mercy Hospital; Whereas: Although the Common Council has passed a local
Timothy Elder, Facilities Service Director, Theodore Fritz, law amending the City Charter to preclude the use of a post
Maintenance Supervisor, James McElroy, Chief Engineer office box as a mailing address, the City of Buffalo is unable to
HVAC, Steven Piesczynski, Lead Plumber and member of enforce the legislation due to a lack of recourse the City is
Utilities Committee, Mercy Hospital; Barbara Bauch, President permitted to take if an individual refuses to provide registration
CWA; and Edward Hoock, Jr., Business Agent of Operating information and the RP-5217 form, which does not deem the
Engineers Local 71 with the request that these individuals be use of a post office box as unacceptable; and
involved in any and all negotiations with Niagara Mohawk Whereas: While many property owners, specifically the elderly,
Power Corporation to lower electric rates for Mercy Hospital. have chosen to maintain post office boxes for legitimate
reasons including, but not limited to, fear of their tenants and Sec. 46-3 Qualifications of the Director.
others, a significant number of owners use post office boxes The Director shall possess the ability to prepare clear,
simply to abuse the system; and comprehensive, technical and administrative reports.
Whereas: The City of Buffalo, along with municipalities Sec. 46-4 Powers, Duties and Functions of the Director
throughout the State of New York would significantly benefit if The duties of the Director shall include:
the RP-5217 form was modified to include a statement that the a) Submitting of an annual report to the Common Council,
use of a post office box is not acceptable; Comptroller and Mayor on or before the thirty-first day of March
Now Therefore Be It Resolved That: each year. Said report shall include: an analysis of the local
This Honorable Body request the New York State Legislature to cable company's compliance with the requirements of the
direct the Office of Real Property Services to modify the Real franchise agreement; an analysis of current and prospective
Property Transfer Report (RP-5217) to include a statement that activities of telecommunications service providers with the City;
the use of a post office box as a mailing address is not an explanation of any legislative or technical development that
permitted; and may impact upon the field of telecommunications and any other
Be It Further Resolved: communications.
That the City Clerk forward certified copies of this resolution to b) Serving as a liaison for the City with the cable
the Secretary of the State Senate, the Clerk of the State operator, state and federal authorities concerned with cable
Assembly, the Western New York delegation of the New York communications, other telecommunications service providers
State Legislature, the State Office of Real Property Services, and with any organizations established to administer access
and the Department of Assessment. channels.
ADOPTED c) Receiving, investigating and resolving complaints
concerning the operation of the system.
NO.171 d) Receiving and reviewing all data and reports and
BY: MRS. LOTEMPIO making such recommendations to the Common Council and
TEMPORARYAPPOINTMENTTOTHEASSESSMENTMayor as warranted.
REVIEWBOARD e) Coordinating and overseeing development of the government
Whereas: The Department of Assessment is faced with the access channel and the implementation of a multi-media
task of processing and hearing all of the complaints and institutional network for the City of Buffalo.
completing all necessary work in relation to the assessment f) Monitoring the operator's compliance with the franchise
review process; and agreement and assist all appropriate City departments
Whereas: The processing of these assessment challenges responsible for some aspect of the franchise agreement,
must be completed in time to generate the State mandated including assessing fines against the operator for non-material
Final Assessment Roll by March 1, 1998; and breaches of the franchise agreement.
Whereas: It is anticipated that a large number of assessment g) Reporting to the Common Council on a regular
challenges will be filed prior to the December 31, 1997 basis and making policy recommendations.
deadline. This pending volume of challenges will necessitate h) Recommending studies, surveys or other actions
supplementing the permanent Board of Assessment Review ensuring the cable company compliance with the franchise
with temporary members to allow for multiple mini boards; and agreement and fostering the development of advanced cable
Whereas: Robert Zielinski, 30 Lyman Street, Buffalo, New York technology in the City of Buffalo.
14206 and William Maggio, 230 Wellington Road, Buffalo, New i) Negotiating with current and prospective telecommunications
York 14216 have previously served as temporary appointments service prove operating or seeking to operate within the City.
to the Assessment Review Board and Keith Barries, 29 Sec. 46-5 Telecommunications Advisory Board
Frankfort Avenue, Buffalo, New York 14211, a Licensed Real There is hereby established a Telecommunications Advisory
Estate Broker in the City of Buffalo, all possess the experience Board in the City of B
and knowledge of real estate and property values necessary to Sec. 46-6 Membership
serve as temporary members of the Assessment Review The Board shall consist of seven (7) members
Board; and appointed by the Common Council. terms of the members shall
Whereas: These temporary members services will only be be for three (3) years, except that of the members first
enlisted if needed; appointed shall serve for a period of one year and two shall
NOW THEREFORE, BE IT RESOLVED: serve for a period of two years. All me shall serve without
That this Common Council approve the individuals identified compensation.
above, as temporary Board of Assessment Review members to Sec. 46-7 By-Laws
serve, if needed, during January and February 1998. The Board shall adopt its own By-Laws and elect
PASSED own chair. The Board shall ho least six (6) meetings a year,
AYES 13 NOES 0 and keep an accurate record of its meetings and activities.
Sec. 46-8 Functions of the Board
NO.172 The Telecommunications Advisory Board shall make
BY: MR. PITTS recommendations to the Common Council, Mayor and
ORDINANCEAMENDMENT Comptroller as requested or deemed appropriate regarding
CHAPTER46-TELECOMMUNICATIONS,OFFICE policies cable communications in the City of Buffalo.
Sec. 46-1 Declaration of Policy. It is hereby certified, pursuant to Section 34 of the
The Common Council of the City of Buffalo hereby finds and Charter, that the immediate pass the foregoing ordinance is
declares that the citizens of the City of Buffalo are entitled to necessary.
the best possible service from telecommunications service APPROVED AS TO FORM
providers. The City wishes to treat a telecommunications Michael B. Risman
service providers in a nondiscriminatory and fair manner by Corporation Counsel
creating to create an environment where telecommunications PASSED
service providers can efficiently and effectively serve the AYES 13 NOES 0
citizens of the City of Buffalo. At the same time, the City must
ensure that telecommunications service providers are NO.173
complying with all applicable laws and regulations and any BY: MR. PITTS
licensing or franchise agreements with the City. SUPPORTMOHAWKSITEFOR
It is, therefore, in the best interest of the City that an Office of NEWCONVENTIONCENTER
Telecommunications be established. That office would be Whereas: A study by C.H. Johnson Consulting Inc. evaluated
charged with advising the City on franchise compliance, potential sites for a new Buffalo Convention Center which
assisting various City Departments in franchise-matters, would enable Buffalo to effectively compete for convention
monitoring access operations, serving as a liaison between the business and have a resulting enormous positive impact on the
public and the telecommunications service providers, keeping Western New York economy; and
the City apprised of national and local developments in Whereas: This study, which was funded by the state, county,
telecommunication issues, and recommending policies and city, Convention and Visitors Bureau, Buffalo Convention
procedures pertaining to telecommunications to the City. Center Management Corp., and the Greater Buffalo
Sec. 46-2 Office of Telecommunications. Partnership, termed the existing convention "functionally
There is hereby established the Office of Telecommunications, obsolete"; and
to be administered by a Director who shall be the head of the Whereas: In reviewing potential sites for a new convention
office and who shall be appointed conjointly by the President of center, the report rejected the idea of locating the center on the
the Council and the Mayor and removable at the pleasure of the site of the current Memorial Auditorium; and
Common Council. The office shall have such other employees Whereas: The Johnson study pointed out that the Auditorium
as the Common Council may provide. site is too small, even if the nearby General Donovan Building
were also demolished for the new development; and ANNOUNCEMENTOFCOMMITTEEMEETINGS
Whereas: The only way that the Auditorium site could The following meetings are scheduled. All meetings are held in
conceivably accommodate a convention center would be to tear the Council Chambers, 13th floor,
down the Skyway; and City Hall, Buffalo, New York, unless otherwise noted.
Whereas: The study also rejected the site of the existing Civil Service Tuesday, Dec 30, 1997 at 9:00 a.m.
center, the Theater District site, the Cobblestone site as Finance Tues, Dec 30, 1997 following Civil Service
inadequate for a new convention center for various reasons; Legislation Tuesday, December 30, 1997 at 2:00 p.m.
and Community Dev Wed, January 14, 1998 at 10:00 A.M.
Whereas: The site analysis determined that the most suitable Education Wed January 14, 1998 2:00 p.m. Rm 1417
locations would be the so-called Mohawk Ramp, bounded by
Main, Oak, Huron and Broadway, and the Marine Atrium site, NO.179
bounded by Washington, Scott, Perry and Michigan; and ADJOURNMENT
Whereas: The Mohawk site is clearly the better of the two sites On a motion by Mrs. LoTempio, Seconded by Ms. Kavanaugh
deemed by the study as being suitable for a new convention the Council adjourned at 4:00 p.m.
center, primarily because of its proximity to the Hyatt Regency CHARLES MICHAUX III
and the Radisson Suites hotels; and CITY CLERK
Whereas: Along with its access to downtown hotels, the
Mohawk site's close proximity to restaurants and other
businesses provide it with the kinds of amenities that people
who attend conventions and meetings consider essential;
Now, therefore be it resolved:
That this Common Council endorses the proposed Mohawk
Ramp site, bounded by Main, Oak, and Huron streets and
Broadway, as the preferred site for a new Buffalo Convention
Center; and
Be it further resolved:
That the City Clerk forward certified copies of the resolution to
the Western New York delegation to the state legislature, the
Erie County Executive and Legislature, the Buffalo Convention
and Visitors Bureau, the Buffalo Convention Center
Management Corp., and the Greater Buffalo Partnership.
REFERRED TO THE COMMITTEE ON COMMUNITY
DEVELOPMENT, CONVENTION CENTER TOURIST
BUREAU, COMMISSIONER OF PUBLIC WORKS AND
THE COUNTY EXECUTIVE.
NO174
BY MR ZUCHLEWSKI
FELICITATIONS/INMEMORIAM
Attached hereto are Felicitation and In Memoriam Resolutions
sponsored by Members of the Common Council as indicated:
Felicitation for Mary Swain By Councilmember Brown
Felicitation for Erie, Niagara Chapter of New York state Soc. of
Prof. Engrs.
By Councilmember PITTS
In Memoriam for Marshall Davis Miles
By Councilmember PITTS
ADOPTED.
UNFINISHEDBUSINESS
NO.175
BONDRES.-$1,400,000-CITYWIDEPLAYGROUNDS
(NO.110,C.C.P.,DEC.9,1997)
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 Mr. Quintana
PASSED
AYES 13 NOES 0
NO.176
BONDRES.-$100,000-NIAGARASQ.IMPROVEMENTS
(NO.111,C.C.P.,DEC.9,1997)
Mrs. LoTempio moved that the above item be taken from the
table.
Seconded by Mr. Czajka
CARRIED
Mrs. LoTernpio now moved the approval of the above item;
seconded by Mr. Quintana
PASSED
AYES 13 NOES 0
NO.177
BONDRES.-$100,000-TREEREMOVAL,ETC.
(NO.112,C.C.P.,DEC.9,1997)
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 Mr. Quintana
PASSED
AYES 13 NOES 0
NO178