HomeMy WebLinkAbout98-0203
No. 3
COMMON COUNCIL
PROCEEDINGS
OF THE
CITY OF BUFFALO
FEBRUARY 3, 1998
TASKFORCES
MAYOR AUDITORIUM AND STADIUM TASK FORCE:
Hon. Anthony M. Masiello James W. Pitts, chairman, Kevin J. Helfer, Rosemarie
LoTempio , Corporation Counsel/Designee, Commissioner of
COMPTROLLER Public Works/Designee, Commissioner of Community
Joel A. Giambra Development/Designee, Commissioner of Administration and
Finance/Designee, President of Development Downtown.
COMMON COUNCIL
PRESIDENT OF THE COUNCIL ERIE BASIN MARINA TASK FORCE: James W.
James W. Pitts Pitts, Chairman, Kevin J. Helfer, Comptroller/Designee,
Commissioner of Public Works/Designee, President of Slip
PRESIDENT PRO TEMPORE Renter’s Assoc/Designee, Buffalo Sabres/Aud Club.
David A. Franczyk
PARKS CONSERVANCY TASK FORCE: David
MAJORITY LEADER Franczyk, Chairman, Kevin J. Helfer, Dale L. Zuchlewski, John
Rosemarie Lo Tempio Scardino, Robert Kresse, Pamela DiPalma, Mark Mistretta,
Albert Howard, Marge Miller, Patty Farrell, Jack McGowan,
COUNCILMEMBERS-AT-LARGE Thomas J. Barnes, Wes Olmsted, Robert Meldrum, Paula
Beverly Gray Mulligan, Louise Snyder, Rev. Benny Sheppard, Friends of
Barbara Kavanaugh Olmsted desingee, Commissioner of Parks/Designee,
Rosemarie LoTempio Commissioner of Public Works/Desingee, Commissioner of
Community Development/Designee.
DISTRICTCOUNCILMEMBERS
ALFRED T. COPPOLA - DELAWARE GREENWAY TASK FORCE: James August,
BARBARA MILLER-WILLIAMS - ELLICOTT Frederick Holman, Barry Boyer, Allan Jamieson, Lucy Cook,
DAVID A. FRANCZYK - FILLMORE Jesse Kregal, Mark Mistretta, Thomas Pallas, Philip Snyder,
RICHARD A. FONTANA- LOVEJOY Lorraine Pierro, Cynthia Schwartz, Ann Poole, Suzanne
BYRON BROWN - MASTEN toomey-Spinks, Dr. Rae Rosen, MargaretWooster, Jerry
ROBERT QUINTANA - NIAGARA Malloy, David P. Comerford, Tammy Barnes, Terry Wherry
DALE ZUCHLEWSKI - NORTH
DENNIS T. MANLEY- SOUTH CARBON MONOXIDE TASK FORCE: Fred
KEVIN J. HELFER - UNIVERSITY Larson, Matthew Baudo, Paul Mielcarek, David Pierowicz, Phil
Haberstro, Mike Rabb, Donna DeCarolisle, jay Burney, Mark
Kubiniec, Yerby Dixon
REGULARCOMMITTEES
CIVIL SERVICE COMMITTEE: Beverly Gray,
Chairman, Alfred T. Coppola, Kevin J. Helfer, David Franczyk,
Dennis T. Manley-Lockwood, Members
CLAIMS COMMITTEE: Robert Quintana, 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, Richard Fontana, Rosemarie LoTempio
Members.
FINANCE COMMITTEE: David Franczyk, Chairman,
Byron Brown, Beverly Gray, Kevin J. Helfer, Dennis T. Manley,
Dale Zuchlewski Members.
LEGISLATION COMMITTEE: Alfred T. Coppola,
Chairman, Richard A. Fontana, 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,
Barbara Miller-Williams Members
SPECIALCOMMITTEES
TELECOMMUNICATIONS COMMITTEE: James W.
Pitts, Chairman, Beverly Gray, Richard Fontana, 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, Alfred T. Coppola, Kevin J. Helfer, Richard
A. Fontana , Rosemarie LoTempio, Robert Quintana
POLICE REORGANIZATION/OVERSIGHT
COMMITTEE: Robert Quintana, Chairman, Beverly A. Gray,
Kevin J. Helfer, Rosemarie LoTempio, Dennis T. Manley
CORPORATION PROCEEDINGS
4 of the General City Law of the State of New York and Section
31 1, Article 17 of the City Charter, I hereby reappoint Dominic
COMMONCOUNCIL N. Macri, residing at 11 Dallas Street, Buffalo, New York
CITYHALL-BUFFALO 14220, for a term effective January 1, 1998 and expiring
TUESDAY,FEBRUARY3,1998 December 31, 2000.
AT2:00P.M. I hereby certify that the above named individual is
fully qualified for reappointment to the Examining Board of
PRESENT - James W. Pitts President of the Council, Plumbers.
and and Council Members Brown, Coppola, Czajka, REFERRED TO THE COMMITTEE ON LEGISLATION,
Franczyk, Gray, Helfer, Kavanaugh, Lockwood, CORPORATION COUNSEL, DIVISION OF COLLECTIONS
LoTempio, Pitts, Quintana, Williams and Zuchlewski - 13. AND COMPTROLLER.
ABSENT - None.
On a motion by Mrs. LoTempio, seconded by Mr. NO.4
Fontana, the minutes of the stated meeting held on RE-APPOINTMENTOFMEMBERSTOTHE
January 20, 1998 were approved. BUFFALOWATERBOARD
Pursuant to the authority granted me by Section 1048-F of the
FROMTHEMAYOR title Two-B Article Five of the Public Authorization law, I hereby
NO.1 re-appoint, subject to confirmation by Your Honorable Body,
APPOINTMENTOFMEMBERTOTHE Warren K. Galloway, residing at 111 W. Humboldt Pkwy.
BUFFALOSEWERAUTHORITY Buffalo, New York 14214, and John R. Sole, residing at 641
Pursuant to the powers vested in me by Section I 1 Forest Avenue, Buffalo, New York 14222 as members of the
77 of the Public Authorities Law, I hereby appoint, subject to Buffalo Water Board for a term expiring December 31, 1998.
confirmation by Your Honorable Body, Rev. Troy A. Bronner, 1 hereby certify that the above named individuals are
residing at 35 E. Parade, Buffalo, New York 1421 1, as a fully qualified to serve as members of the Buffalo Water Board.
member of the Buffalo Sewer Authority for a term expiring June REFERRED TO THE COMMITTEE ON LEGISLATION,
30, 1999. Rev. Bronner is replacing Daniel R. Acker. CORPORATION COUNSEL, DIVISION OF COLLECTIONS
Troy A. Bronner serves as Pastor-Teacher of AND C0MPTROLLER.
Calvary Baptist Church. Pastor Bronner is a 1992 graduate of
Colgate-Rochester Divinity School. He completed his NO.5
undergraduate work at Temple University, receiving a Bachelor DESIGNATIONOFNOMINEESFORAPPOINTMENTTO
of Science degree in Marketing. Pastor Bronner has been and THEBOARDOFTRUSTEESOFTHEBUFFALOANDERIE
continues to be very active in the academic community at COUNTYLIBRARY
Colgate-Rochester Divinity School. He is the recipient of Pursuant to Section 6212 of the Unconsolidated Laws, being
numerous scholarships and awards. Chapter 768, Section 2 of the Laws of 1953, transmitted
I hereby certify that Rev. Troy A. Bronner is fully herewith are my designated nominees to the Board of Trustees
qualified to serve as a member of the Buffalo Sewer Authority. of the Buffalo and Erie County Public Library. The County
REFERRED TO THE COMMITTEE ON LEGISLATION, Executive, subject to confirmation by the County Legislature,
CORPORATION COUNSEL, DIVISION OF COLLECTIONS will appoint one nominee for a term expiring December 31,
AND COMPTROLLER. 2002. Said nominee is replacing Donna Lyons whose term
expired December 31, 1997.
NO.2 James W. Burns 175 Admiral Road Buffalo, N.Y. 14216
APPOINTMENTSANDRE-APPOINTMENTSOFMEMBERS Mr. Bums is a dedicated public servant of the highest order.
TOTHEBROADWAYMARKETBOARDOFDIRECTORS He has served as Budget Director and Commissioner of
Please be advised that pursuant to the powers Administration and Finance for the City of Buffalo. He was
vested in me under the By-Laws between the City of Buffalo Special Assistant to Governor Carey and Executive Assistant
and the Broadway Market Management Corporation (BMMC), I to the Superintendent of Buffalo Schools. Presently, Mr. Bums
hereby appoint and re-appoint the following individuals to the serves as Confidential Aide to Mayor Masiello on a part time
Broadway Market Board of Directors: basis.
APPOINTMENT: Mr. Bums is a graduate of the University of Notre Dame and
David J. Young 171 Winslow Avenue Buffalo, N.Y. 14208 pursued graduate studies at the University of Buffalo. He has
Mr. Young is the Executive Director of the Broadway a life long interest in the Library, beginning at sixteen when he
Fillmore Neighborhood Housing Services, Inc.; previously he was employed as a stackboy at the Kensington Branch, his first
was the Housing Program Manager. David Young served as job.
Assistant Development Manager for Housing Opportunities, Stephen R. Lamantia 109 Larchmont Road Buffalo, N.Y. 14214
Inc. From September 1990 to May 1991 he was Program Stephen Lamantia graduated from Canisius College and
Administrator in the Department of Psychology-University of University of Notre Dame Law School. Mr. Lamantia is
Rochester. Principal Law Clerk to Appellate Division Justice John J.
David Young is replacing Philip Lowrey, whose term Callahan. He is a member of many civic and professional
expired December 31, 1997. Mr. Young's term will expire associations, such as the Erie County Bar Association,
December 31, 2000. Justinian Legal Society, Notre Dame Alumni Club, etc.
Joseph A. Fiorella 530 Lafayette Avenue Buffalo, N.Y. 14222 Bridget Humann 72 Lancaster Avenue Buffalo, N.Y. 14222
Joseph Fiorella is a practicing attorney. He is a Bridget is currently a pre-kindergarten teacher at Trinity Child
Hearing Officer with the Niagara Frontier Transit Authority. Mr. Care. For 6 years she was active with Children's Hospital and
Fiorella is a member of Professionals For a Better Buffalo and is a Board Member of the Art Gallery.
other numerous organizations. I hereby certify that the above designees are fully qualified to
Joseph Fiorella will fill the unexpired term of Susan serve as a member of the Board of Trustees of the Buffalo and
O'Connor who has resigned. His term will expire December Erie County Library.
31, 1999. REFERRED TO THE COMMITTEE ON LEGISLATION,
REAPPOINTMENT CORPORATION COUNSEL, DIVISION OF COLLECTIONS
Peter Cammarata 23 Hecla Place Buffalo, N. Y. 14215 AND COMPTROLLER.
Mr. Cammarata is being re-appointed to the
Broadway Market Board of Directors for a term expiring
December 31, 1998. NO.6
I hereby certify that the above owned individuals are 1998-99RECOMMENDEDBUDGET
fully qualified to serve as members of the Broadway Market NORTHAMERICAREPARK
Board of Directors. I hereby transmit to your Honorable Body my 1998-99
REFERRED TO THE COMMITTEE ON LEGISLATION, recommended budget for the North AmeriCare Park Enterprise
CORPORATION COUNSEL, DIVISION OF COLLECTIONS Fund pursuant to Local Law and Section 295.9(c) of the City
AND COMPTROLLER. Charter. This budget covers operating costs and debt service
requirements for North AmeriCare Park's 1998-99 fiscal year
NO.3 which runs from April 1 through March 31.
RE-APPOINTMENTOFMEMBERTOTHEEXAMININGonce again this year, I am forced to submit a budget for your
BOARDOFPLUMBERS consideration that relies on optimistic revenue projections.
Pursuant to the provisions of Section 40-A of Article Total operating revenues have been increased 2.6 percent from
the 1997-98 budget despite the fact that the Director of as a social center peer-run club. It is designed as a clubhouse
Stadium and Auditorium recommended a reduction in revenue with a dual focus on social networking/leisure activities and
estimates in light of a persistent decline in attendance at the vocational rehabilitation.
Park. The Planning Board voted to approve the proposed
The revenue estimates contained in this budget in the areas of social center. Under SEQR the proposed center is considered
rent and concessions have been increased by approximately an unlisted action requiring uncoordinated review.
$100,000 over the estimates provided by the Director even RECEIVED AND FILED.
though revenues from these sources in the current year do not
support these projected increases. If revenues in these areas NO.10
fail to meet budget estimates, the Enterprise Fund will run a 1715JEFFERSONAVENUE
deficit that will ultimately become the obligation of the City Per Common Council, attached please find copies of the
General Fund. In 1996-97, the Enterprise Fund ran a deficit of zoning variance application from Jaffrey Mohamed dated
$324,643 which is covered in this recommended budget by a 10/25/96 and Zoning Board of Appeals' findings subsequent to
transfer from the General Fund (see Resources). Operations the approval of the appeal on 12/18/96.
at North AmeriCare Park are no longer self-sustaining but REFERRED TO THE COMMITTEE ON LEGISLATION.
require the subsidy noted above and this will, in all likelihood,
continue to be case until the Park can draw more users and FROM THE COMPTROLLER
more events. On this point, I want to encourage the Council to
adopt the recommendation of the Director of Stadium and NO.11
Auditorium and authorize the one year pilot program that is ACQUISITION-695MAINSTREET
designed to increase attendance by lowering rental fees. RESPONSETOITEM#51,C.C.P.1/20/98
Majority Leader LoTempio is drafting a resolution to effectuate ITEMNO.11,C.C.P.4/29/97
this program. ITEMNO.127,C.C.P,5/27/97
On the expense side of the ledger, every line item has been ITEMNO.51,C.C.P.1/20/98
decreased over the past several years; there simply are no In response to the Committee on Finance's request
more cuts to make beyond those which have been incorporated to the reasons and specifics relative to the original contract
in this recommended budget. Below is a highlight of the major error, I submit the following:
cuts. The original appraisal prepared by Howard P.
Personal service costs have been decreased by splitting the Schultz, MAI indicated a value of Four Hundred Fifty Thousand
cost of the Director between the Enterprise Fund and the Dollars ($450,000). After review and consultation with Mr.
Division of Buildings. With the Auditorium being closed I have Schultz, he had acknowledged an arithmetic oversight in a size
asked the Director to take-on additional responsibilities in the adjustment for comparable sale #3. Also he left out a
Department of Public Works. Utilities have been cut due to the significant comparable land sale at 991 Main Street.
savings we expect under the new bulk bid for natural gas and Considering the aforementioned, Mr. Schultz then
the savings in water effectuated by contract operations. provided an amended appraisal which indicated a value of Five
I respectfully request that your Honorable Body approve the Hundred Fifteen Thousand Dollars ($515,000).
budget I am submitting for I believe it to be the best we can do REFERRED TO THE COMMITTEE ON FINANCE
in light of declining revenues at the Park. Any further cuts in
expenditures will, in my opinion, result in our inability to NO.12
adequately meet our obligations under the lease agreement CERTIFICATEOFNECESSITY
with the Bisons. TRANSFEROFFUNDS
REFERRED TO THE COMMITTEE ON FINANCE DIVISIONOFBUILDINGS
We, Anthony M. Masiello, Mayor and Joel A. Giambra,
FROMTHEMAYOR-EXECUTIVEDEPARTMENT Comptroller, do hereby certify, pursuant to Section 42 of the
Charter, that it is necessary that the sum of $1,000 be
NO.7 transferred and reappropriated within the Division of Buildings,
SOUTHELLICOTTURBANRENEWALPLAN as set forth below:
SEQRNEGATIVEDECLARATION The amount to be transferred represents an unexpended
A Negative Declaration for the above-referenced balance of items contained in the budget for the current fiscal
project is hereby filed with your office in accordance with year and will not be needed at this time for the purpose for
Section 617.12 of the New York State Environmental Quality which they were appropriated.
Review Act. From:
If you should have any questions, please contact 100 General Fund
Gregory J. Bernas in the Division of Planning, Room 901 City 40 - Department of Public Works
Hall, at 851-5083. 2 - Division of Buildings
REFERRED TO THE COMMITTEE ON COMMUNITY 0-31 - Operation & Maintenance Of Public Buildings
DEVELOPMENT. 462 - Machinery & Equipment Maint. and Repair $1,000
To:
NO.8 100 General Fund
208BRISTOLSTREET 40 - Department of Public Works
Please be advised that the City Office for the 2 - Division of Buildings
Environment, Department of Community Development, has 022 - Planning and Design of Public buildings
been cooperating with the New York State Department of 403 - Photographic and Drafting Supplies $1,000
Environmental Conservation (NYSDEC) in an ongoing Dated: January 16, 1998
response to an emergency contamination management RECEIVED AND FILED.
requirement on City owned property at 208 Bristol in the
Fillmore District. immediate response by the City was required NO.13
in order to stabilize this site. DIRECTDEPOSITOFCITYPAYCHECKS
City consultants began work within a few days of a TOBUFFALOMETROPOLITANCREDITUNION)
discovery of a PCB problem last September. Contamination RES#215,C.C.P.1/20/98
was caused by illegal stripping of transformers at this site. Within the past year, the Commissioner of General Service
International Waste Removal and Malcolm Pirnie Consultants, sent out a "request for proposals" for direct deposit;
in cooperation with NYSDEC and New York State Department Since the department of Audit & Control is in the process of
of Health, have stabilized the site. receiving bids on new financial systems and with the
The City will be spending approximately $130,000 knowledge that in the bid requirement for the new Human
total on the project. The work is about half done. Resource payroll system, there includes a requirement for
Funding for this work is available in Account 711-001-583. direct deposit, we recommend that direct deposit be
REFERRED TO THE COMMITTEE ON COMMUNITY implemented with the new system no later than December
DEVELOPMENT. 1998;
Conversations with the Buffalo Metropolitan Credit Union,
NO.9 confirmed that they cannot be a primary receiver of direct
2969-2971BAILEYAVENUE-SOCIALCENTER deposit but that the City must have an agent between the City
The City planning Board at its regular meeting held and the Credit Union;
January 27, 1998, considered the matter captioned above We recommend that when the final possible implementation
pursuant to Section 511-136 of the Buffalo Code - Use permit date for direct deposit is known, the Commissioner of General
required for Human Service facilities. Service revisit the issue, along with the Departments or
The applicant seeks to use 2969-2971 Bailey Ave. Administration and Finance and Audit and Control.
REFERRED TO THE COMMITTEE ON FINANCE. Appointment Effective January 16, 1998 in the Department of
04-0 Audit & Control, Division of Data Processing, to the
NO.14 position of System Support Specialist, Temporary Promotion,
LEASEAGREEMENTBETWEENTHECITYOFBUFFALOat the maximum starting salary of $44,598.
ANDSTINGRAYFOOTBALLASSOCIATIONFORUSEOFMichael Murphy, 399 Voorhees Avenue, Buffalo, NY 14216
APORTIONOFFORMERSCHOOL#29 REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
2193SOUTHPARK
The Comptroller's Office, Division of Real Estate, FROMTHEPRESIDENTOFTHECOUNCIL
has determined that there is no lease agreement between the
City of Buffalo and the Sting Ray Football Association for Use NO.18
of City-owned property located at 2193 South Park. ACTIVATIONOFSPECIALBUDGETCOMMITTEE
It appears that the Sting Ray Football Association As you know I have appointed a Special Budget Committee
has been utilizing space in former School #29 since July 1 99 during the past couple years, chaired by the Majority Leader.
1. This office is requesting Your Honorable Body to approve a The committee is activated specifically to provide for
lease agreement between the City of Buffalo and the Sting Ray concentrated work on budgetary issues up to the end of the
Football Association for use of the Fan Room, Room 29 in fiscal year.
basement and the gym. The two rooms are used to store I am activating the Special Budget Committee to commence its
equipment and the gym is used for cheerleader practice. The work from February 3, 1998 to June 1"8.
use of the gym is only for the months of August through Please note that Majority Leader Rosemarie LoTempio shall
December 15th. We are requesting a lease be approved with schedule all meetings of the committee and determine
the following terms and conditions. appropriate issues to be reviewed and or decided by the
1. This lease should be for a 2 year period Special Committee.
commencing February 1, 1998 and expiring January 31, 2000. RECEIVED AND FILED.
2. The annual rental fee shall be One Dollar
($1.00) per year. FROMTHECOMMISSIONEROFASSESSMENT
3. The Sting Ray Football Association shall
provide insurance saving the City harmless from any liability, as NO.19
set forth per Item #1 97, C.C.P. 3/31/97 Insurance CERTIORARIPROCEEDINGS
Requirements for lease of city-owned properties. 1997-98FISCALYEAR
4. The lease shall have a 30 day cancellation 487BUSTIAVENUE,LIMITED
clause by either party. 11FARGOAVENUE
I am further recommending that Your Honorable This is to advise that the owner, 487 Busti Avenue,
Body authorize the Corporation Counsel to prepare the Ltd. instituted certiorari proceedings on 11 Fargo Avenue,
necessary lease incorporating but not limited to the above Buffalo, New York regarding the assessment for the fiscal year
aforementioned terms and conditions that may deem necessary 1997--98.
to protect the interest of the City of Buffalo. I am also The assessment was reviewed by this Department
requesting that Your Honorable Body authorize the Mayor to and the owner expressed a willingness to settle this
execute the same. proceeding. The final assessment for such fiscal year was
Mrs. LoTempio moved: $38,000. The owner is agreeable to a settlement which would
That the above communication from the Comptroller dated result in a reduction to $15,000 for fiscal year 1997-98. The
January 27, 1998, be received and filed; and 1997-98 city tax on $38,000 was $1,485.68. The tax on
That the Comptroller be, and he hereby is authorized $15,000 would have been $586.44, a reduction of $899.24.
to enter into a lease between the City and the Sting Ray Based upon a review of the current market value of
Football Association, for lease of 2193 South Park for a two (2) the property, I feel this settlement would be in the best interest
year term commencing on February 1, 1998 and expiring of the City. I recommend, therefore, this settlement, in which
January 31, 2000. The annual rental fee is One Dollar ($1.00) the Department of Law concurs.
per year. That the Sting Ray Football Association shall provide The proposed settlement is subject to the approval
insurance saving the City harmless from any liability, as set of Your Honorable Body. I therefore hereby request that the
forth per Item No. 197, C.C.P., 3/31/87 - Insurance Acting Corporation Counsel be authorized to settle the 1997-98
Requirements for lease of city-owned properties. That the certiorari proceeding on 11 Fargo Avenue by reducing the
Corporation Counsel be authorized to prepare the necessary 1997-98 assessment from $38,000 to $15,000.
lease incorporating but limited to the above aforementioned REFERRED TO THE COMMITTEE ON FINANCE
terms and conditions that may deem necessary to protect the
City of Buffalo and that the Mayor be authorized to execute the NO.20
same. CERTIORARIPROCEEDINGS
PASSED. 1997-98FISCALYEAR
AYES-13. NOES-0. VACANTI-200MILITARYROAD
This is to advise that the owner, Donald Vacanti,
NO.15 instituted certiorari proceedings on 200 Military Road, Buffalo,
PROGRESSREPORT-BOARDOFEDUCATIONLAWSUIT New York regarding the assessment for the fiscal year 1997-
RES.178,C.C.P.10/28/97 98.
On January 16, 1997, the Board of Education's special counsel The assessment was reviewed by this Department
filed a motion forreargument of the suit with the Court of and the owner expressed a willingness to settle this
Appeals. That motion was returnable on February 3, 1997, and proceeding' The final assessment for such fiscal year was
subsequently denied on February 18, 1997. It is not possible $393,500. The owner is agreeable to a settlement which would
at this time to predict with any certainty the outcome of result in a reduction to $320,000 for fiscal year 1997-98. The
settlement discussions or judicial proceedings concerning this 1997-98 city tax on $393,500 was $15,384.58. The tax on
matter. However, the School District is a legal entity separate $320,000 would have been $12,510.96, a reduction of
and distinct from the City. The School District was established $2,873.62.
as a separate legal entity by the State legislature pursuant to Based upon a review of the current market value of
the legislature's responsibilities under Article 11, Section 1 of the property, I feel this settlement would be in the best interest
the State Constitution. The City Law Department has therefore of the City. I recommend, therefore, this settlement, in which
concluded that the City has no legal obligation to fund any of the Department of Law concurs.
the cost of implementing the September 1, 1990 Agreement. The proposed settlement is subject to the approval
REFERRED TO THE COMMITTEE ON EDUCATION. of Your Honorable Body. I therefore hereby request that the
Acting Corporation Counsel be authorized to settle the 1997-98
NO.16 certiorari proceeding on 200 Military Road by reducing the
CERTIFICATEOFAPPOINTMENT 1997-98 assessment from $393,500 to $320,000.
Appointment Effective January 22,1998 in the Department of REFERRED TO THE COMMITTEE ON FINANCE.
Audit and Control, Division of Accounting, to the Position of
Associate Accountant, Temporary, Promotion, at the maximum FROMTHECOMMISSIONEROFPUBLICWORKS
starting salary of $39,004.
Frank Faber, 369 South Ogden Street, Buffalo, NY 14206 NO.21
REFERRED TO THE COMMITTEE ON CIVIL SERVICE CHANGEINCONTRACT
SHEA'SPERFORMINGARTSCENTER
NO.17 STAGEEXPANSIONPROJECT
CERTIFICATEOFAPPOINTMENT ROOFING(107)
I hereby submit to Your Honorable Body the following changes NO.23
for Shea's Performing Arts Center, Stage Expansion Project, CHANGEINCONTRACT
Roofing (107), C #91938300. SHEA'SPERFORMINGARTSCENTER
1 .Additional roofing and insulation where skylights STAGEEXPANSIONPROJECT
are removed (CM-15d). Add $ 1,200.00 CARPENTRY,DRYWALL/CEILINGS/
2. Delete canopy (CM-54). Deduct $ 8,700.00 INTERIORSPECIALTIES(109)
3. Delete Type IV Base Ply (CM-79). Deduct $ 1,995.00 I hereby submit to Your Honorable Body the following changes
4. Shop fabricate metal gravel stops, copings and for Shea's Performing Arts Center, Stage Expansion Project,
counterflashings in lieu of manufactured items. Carpentry, Drywall/Ceilings/Interior Specialties (1 09), C
Deduct $ 2,100.00 #91938400.
The foregoing change results in a net decrease in the contract 1 .Delete curved EIFS (CM-1). Deduct $10,915.00
of Eleven Thousand Five Hundred Ninety Five and 00/100 2. Delete illuminated poster cases (CM-2) Deduct $11,000.00
Dollars ($11,595.00). 3. Delete wall cabinets in Room #114 (CM-17)
Summary: Original Amount of Contract $ 360,000.00 Deduct $ 1,270.00
Amount of This Change (No. 1) Deduct 11,595.00 4. Delete metal lockers (CM-22). Deduct $ 6,100.00
Revised Amount of Contract $ 348,405.00 5. Delete acoustical baffles (CM-23). Deduct $29,925.00
These changes could not be foreseen at the time contract was 6. Delete bumper guard (CM-24). Deduct $10,930.00
let. Costs have been reviewed by the Consulting Architect 7. Delete residential appliances (CM-24a). Deduct $ 6,700.00
(Kideney Architects), the Construction Manager (Ciminelli-8. Delete backstage furniture (CM-25). Deduct $80,490.00
Cowper Co., Inc.), and the Department of Public Works and 9. Delete backstage equipment (CM-26). Deduct $30,400.00
found to be fair and equitable. Funds for this work to be The foregoing change results in a net decrease in the contract
credited to CPF 292402-001 - Division of Buildings. of One Hundred Eighty Seven Seven Hundred Thirty and
I request that Your Honorable Body authorize the 00/100 Dollars ($187,730.00).
Commissioner of Public Works to issue a change order to the Summary: Original Amount of Contract $ 590,940.00
contractor as set forth above. Amount of This Change (No. 1) Deduct 187,730.00
Mrs. LoTempio moved: Revised Amount of Contract $403,210.00
That the above communication from the Commissioner of These changes could not be foreseen at the time contract was
Public Works dated January 28, 1998, be received and filed; let. Costs have been reviewed by the Consulting Architect
and (Kideney Architects), the Construction Manager (Ciminelli-
That the Commissioner of Public Works be, and he Cowper Co., Inc.), and the Department of Public Works and
hereby is authorized to issue change order No. 1, a decrease in found to be fair and equitable. Funds for this work to be
the amount of $11,595.00, as more fully described in the above credited to CPF 292402-001 - Division of Buildings.
communication, for work relating to Shea's Performing Arts I request that Your Honorable Body authorize the
Center Stage Expansion Project, Roofing (107), C #91938300. Commissioner of Public Works to issue a change order to the
Funds for this project are to be credited to CPF 292-402-001 contractor as set forth above.
Division of Buildings. Mrs. LoTempio moved:
PASSED. That the above communication from the
AYES-13. NOES:-0. Commissioner of Public Works dated January 28, 1998, be
received and filed; and
NO.22 That the Commissioner of Public Works be, and he
CHANGEINCONTRACT hereby is authorized to issue change order No. 1, a decrease in
SHEA'SPERFORMINGARTSCENTER the amount of $187,730.00, as more fully described in the
STAGEEXPANSIONPROJECT above communication, for work relating to Shea's Performing
GENERALCONSTRUCTION(103) Arts Center Stage Expansion Project, Carpentry,
I hereby submit to Your Honorable Body the following changes Drywall/Ceilings/Interior Specialties (109), C 491938400.
for Shea's Performing Arts Center, Stage Expansion Project, Funds for this project are to be credited to CPF 292-402-001 -
General Construction (1 03), C. H. Byron Co., Inc., C Division of Buildings.
#91938800. PASSED.
1 . Delete granite pavers (CM-19), change bollard detail (CM-AYES-13. NOES-0.
24), reduce number of ice storage tanks (CM-29), delete
precast concrete panels (CM-44), delete acoustical sliding door NO.24
(CM-68), delete hollow metal frame #MO8 and coiling overhead CHANGEINCONTRACT
door #F52 (CM-73), delete portion of temporary protection SHEA'SPERFORMINGARTSCENTER
(CM-95), delete new concrete stairs on drawing A2A (CM-96), STAGEEXPANSIONPROJECT
change single ply roof membrane to 90# roll roofing (CM-97), ELECTRICAL(119)
and revise plan per drawing ACO-1 1 0 (CM-1 36) I hereby submit to Your Honorable Body the following changes
Deduct $178,610.00 for Shea's Performing Arts Center, Stage Expansion Project,
The foregoing change results in a net decrease in the contract Electrical (1 19), Frey Electric Construction, Inc., C
of One Hundred Seventy Eight Thousand Six Hundred Ten #91938700.
and 00/1 00 Dollars ($178,61 0.00). 1 . Delete motor connection, starter and home run for
Summary: Original Amount of Contract $2,378,000.00 sliding door at stage (CM-68). Deduct $320.00
Amount of This Change (No. 1) Deduct 178,610.00 2. Delete smoke detector in Room 106 and relocate
Revised Amount of Contract $2,199,390.00 one in Room M04 (CM-73). Deduct $560.00
These changes could not be foreseen at the time contract was 3. Delete electrical permit cost (CM-120). Deduct $700.00
let. Costs have been reviewed by the Consulting Architect 4. Substitute sound cable in dressing rooms
(Kideney Architects), the Construction Manager (Ciminelli- (CM-125). Deduct $1,800.00
Cowper Co., Inc.), and the Department of Public Works and 5. Delete portion of telephone/data conduits
found to be fair and equitable. Funds for this work to be (CM-127). Deduct $2,900.00
credited to CPF 292402-001 - Division of Buildings. 6. Change certain copper conductors to
I request that Your Honorable Body authorize the aluminum (CM-128). Deduct $ 17,000.00
Commissioner of Public Works to issue a change order to the 7. Delete spare variable speed drive (CM-129).
contractor as set forth above. Deduct $2,800.00
Mrs. LoTempio moved 8. Revise lighting in Walkway #117 (CM-135).
That the above communication from the Commissioner Deduct $ 3,000.00
of Public Works dated January 28, 1998, be received and filed- 9. Change size of monitors for theater control devices
and (CM-137). Deduct $700.00
That the Commissioner of Public Works be, and he 10. Delete certain IPS dimmer strips (CM-138).
hereby is authorized to issue change order No. 1, to C.H. Byron Deduct $9,510.00
Co., Inc., a decrease in the amount of $178,610.00, as more 11. Delete portion of Portable Lighting Control
fully described in the above communication, for work relating to Station (CM-139). Deduct $3,970.00
Shea's Performing Arts Center Stage Expansion Project, 12. Change feed to SWBD #4, omit 800A cable
General Construction (103), C 991938800. Funds for this tap box (CM-140). Deduct $3,760.00
project are to be credited to CPF 292-402-001 - Division of 13. Delete device'XS'for Express 125 on Theater
Buildings. Electric panel (CM-141). Deduct $2,060.00
PASSED. 14. Adjust power company charge (CM-131).
AYES-13. NOES-0. Deduct $9,008.00
15. Revise electric work for orchestra pit (CM-136).
Deduct $500.00 ITEMNO.162,C.C.P.12/23/97
16. Delete illum. poster cases (CM-15c). Deduct $330.00 The Department of Public Works has a contract with
17. Delete two (2) R1 light fixtures (CM-69). Deduct $280.00 Niagara Mohawk for street lighting. A copy is enclosed. The
The foregoing change results in a net decrease in the rates charged to the City for other accounts are not covered by
contract of Fifty Nine Thousand One Hundred Ninety Eight and contract. The rates are established by the Public Service
00/100 Dollars ($59,198.00). Commission and are billed to the City based on type of
Summary: Original Amount of Contract $1,947,700.00 account. The account type is based on usage, and once again,
Amount of This Change (No. 1) Deduct 59,198.00 the types are approved and set by the Public Service
Revised Amount of Contract $1,888,502.00 Commission.
These changes could not be foreseen at the time contract The payment of utility billings has been transferred to the
was let. Costs have been reviewed by the Consulting Architect Comptroller. A five-year history of each account, as requested,
(Kideney Architects), the Construction Manager (Ciminelli-would best be obtained through the Comptroller's Office.
Cowper Co., Inc.), and the Department of Public Works and If any additional information is needed, please advise.
found to be fair and equitable. Funds for this work to be REFERRED TO THE COMMITTEE ON FINANCE AND
credited to CPF 292402-001 - Division of Buildings. COMPTROLLER.
I request that Your Honorable Body authorize the
Commissioner of Public Works NO.27
to issue a change order to the contractor as set forth above. ERIEBASINMARINALEASEAGREEMENT
Mrs. LoTempio moved: RHINOROOM
That the above communication from the Commissioner This department believes that the City of Buffalo is now in
of Public Works dated January 28, 1998, be received and filed- receipt of all funds due the city pursuant to the lease
and agreement between the City of Buffalo and The Rhino Room.
That the Commissioner of Public Works be, and he I therefore request that your office now conduct an audit of
hereby is authorized to issue change order No. 1, to Frey both the 1997 seasons to ensure that the City of Buffalo is in
Electric Construction, Inc., a decrease in the amount of total receipt of all funds owed the City by The Rhino Room for
$59,198.00, as more fully described in the above lease of the Erie Basin Marina.
communication, for work relating to Shea's Performing Arts REFERRED TO THE TASK FORCE ON ERIE BASIN
Center Stage Expansion Project, Electrical (I 19), C MARINA.
#91938700. Funds for this project are to be credited to CPF
292-402-001 - Division of Buildings. NO.28
PASSED. 3160MAINSTREET
AYES-13. NOES-0. EXPANDEXISTING
SIDEWALKCAFE
NO.25 ITEMNO.156;C.C.P.05/16/95
CHANGEORDERNO.2 Mr. Thomas Ochterski, owner of Stimulance Cafe, located at
MASSACHUSETTSPUMPINGSTATION 3160 Main Street, has requested permission to expand an
HVAC/IAQUPGRADES existing sidewalk cafe, located within City right-of-way, which
CITYCONTRACTNO.91893100 was approved by Your Honorable Body on May 16, 1995
I hereby submit to your Honorable Body the following (C.C.P. #156).
Change Order No. 2 with Joseph Davis, Inc. for work relating to The proposed expanded cafe would measure twenty-feet
Massachusetts Pumping Station HVAC/IAQ Upgrades, City (20') in length and project nine feet W) from the building face
Contract No. 91893100. into City right-of-way.
During construction, problems with existing facilities were The Department of Public Works has reviewed Mr.
found that were not apparent during the project's design phase. Ochterskils application pursuant to Chapter 413, Section 59
Specifically, when existing windows were removed, the (Sidewalk Cafes) of the City Ordinances and has no objection
concrete wall supporting the windows was found to be heavily to Your Honorable Body authorizing the Commissioner of
deteriorated. Major concrete restoration was needed before the Public Works to amend the existing I Mere License' to reflect
new windows could be installed. The concrete's condition was the new dimensions, provided all conditions listed in the original
masked by a tile brick wall on the inside and stone facade on approval (C.C.P. #156 of May 16, 1995) are met.
the outside, neither of which showed any damage. Mrs. LoTempio moved:
There were three bidders on this project. The second lowest That the communication from the Department of Public
bidder was John W. Danforth Company at $462,000.00. The Works, dated January 28, 1998, be received and filed; and
third lowest bidder was Quackenbush Company, Inc. at That the Commissioner of Public Works be, and he hereby
$656,000.00. The original Engineer's estimate was is authorized to grant permission to Mr. Thomas Ochterski,
$700,000.00. owner of Stimulance Cafe, located at 3160 Main Street, to
Costs have been reviewed by the Department of Public expand an existing sidewalk cafe, located within the city right-
Works and the Consulting Engineer and found to be fair and of-way. The proposed expanded cafe would measure twenty-
equitable. feet (20') in length and project nine feet (9) from the building
SUMMARY: face, with the same terms and conditions as approved Item No.
Original Amount of Contract $431,700.00 156, C.C.P., May 16, 1995.
Change Order No. 1 - Increase $37,068.00 PASSED
Change Order No. 2 - Increase $17,816.00 AYES - 13 NOES - 0
CONTRACT AMOUNT $486,584.00
Funds in the amount of $17,816.00 are available in the NO.29
Division of Water's 416-983-502-00-000 Capital Projects NORTHEASTBUFFALOPARKWAY-PHASEI
Account. PERMANENTANDTEMPORARYEASEMENTS
I recommend the above change order and it is respectfully AMERICANAXLE
requested that your Honorable Body authorize the In conjunction with the construction of the Northeast Buffalo
Commissioner of Public Works to issue a change order as set Parkway, storm and sanitary sewers must be constructed on
forth above. American Axle property. The attached easements have been
Mrs. LoTempio moved: approved by the City of Buffalo Law Department and American
That the above communication from the Commissioner of Axle. Your Honorable Body's authorization to allow the
Public Works dated January 23, 1998, be received and filed; Commissioner of Public Works to enter into the temporary and
and permanent easement agreements is hereby requested.
That the Commissioner of Public Works be, and he hereby Mrs. LoTempio moved
is authorized to issue change order No. 2, to Joseph Davis, That the communication from the Department of Public
Inc., an increase in the amount of $17,816.00, as more fully Works, dated January 26, 1998, be received and filed; and
described in the above communication, for work relating to That the Commissioner of Public Works be, and he hereby
Massachusetts Pumping Station HVAC/IAQ Upgrades, City is authorized to enter into the temporary and permanent
Contract No. 91893100. Funds for this project are available in easement agreements between American Axle &
the Division of Water's 416-983-502-00-000 Capital Projects Manufacturing, Inc. and the City in conjunction with the
Account. construction of the Northeast Buffalo Parkway, storm and
PASSED sanitary sewers.
AYES - 13 NOES - 0 PASSED
AYES - 13 NOES - 0
NO.26
CITYENERGYCONTRACTS NO.30
$310,700.
PERMISSIONTOPREPAREPLANS& 402-020 - Division of Buildings.
SPECIFICATIONSANDADVERTISEFORTHE Mrs. LoTempio moved
REPAIRTOWATERCUTS1998 That the above communication from the Commissioner of
GROUP#471 Public Works dated January 27, 1998, be received and filed;
I hereby request permission from Your Honorable Body to and
prepare plans, specifications and advertise for sealed That the Commissioner of Public Works be, and he hereby
proposals for the Repair to Water Cuts - 1998 City-Wide, is authorized to award a contract for Buffalo & Erie County
Group #471. Historical Society, Remodeling, to Peyton Barlow the lowest
This project includes the restoration of curbs, sidewalks and responsible bidder in the amount of $11,956.00, with said cost
pavement, made necessary by the repair to city water mains in to be charged to CPF 200-402-020 - Division of Buildings.
various sections of the city, by Division of Water crews. PASSED
Funds for this project are available in an appropriate Division AYES - 13 NOES - 0
of Water Capital Account.
Mrs. LoTempio moved NO.34
That the above communication from the Commissioner of REPORTOFBIDS
Public Works dated January 21,1998, be received and filed; BUFFALO&ERIECOUNTYHISTORICALSOCIETY
and PHASEA-ELECTRICALUPDATE
That the Commissioner of Public Works be, and he hereby I advertised for on January 13, 1998 and received the
is authorized to prepare plans, specifications and advertise for following sealed proposals for the Buffalo & Erie County
sealed proposals for the Repair to Water Cuts 1998 City-Wide, Historical Society, Phase A - Electrical Update, which were
Group 471. Funds for this project will be available in an publicly opened and read on January 27, 1998.
appropriate Division of Water Capital Account. Tunney Electric $47,453.00
PASSED Warrens Electric $56,378.00
AYES - 13 NOES - 0 Weydman Electric $63,575.00
I hereby certify that the foregoing is a true and correct
NO.31 statement of all bids received and that Tunney Electric, in the
PERMISSIONTOPREPAREPLANS&SPECIFICATIONSamount of Forty Seven Thousand Four Hundred Fifty Three
ANDADVERTISEFORTHECONSTRUCTIONOFand 00/1 00 Dollars ($47,453.00) is the lowest responsible
HANDICAPRAMPSIV-1998 bidder in accordance with the plans and specifications.
GROUP#460 I recommend that Your Honorable Body authorize the
ITEMNO.206,C.C.P.9-3-96 Commissioner of Public Works to order the work on the basis
I hereby request permission from Your Honorable Body to of the low bid. Funds for this work are available in CPF 200-
prepare plans, specifications and advertise for sealed 402-020 - Division of Buildings.
proposals for the Construction of Handicap Ramps, City Wide, Mrs. LoTempio moved
Group #460. That the above communication from the Commissioner of
This Project was approved as part of the 1996/97 Capital Public Works dated January 27, 1998, be received and filed;
Improvements Budget. Funds are available in the Division of and
Engineering Capital Projects Fund #201-401-006-00-000. That the Commissioner of Public Works be, and he hereby
Mrs. LoTempio moved: is authorized to award a contract for Buffalo & Erie County
That the above communication from the Commissioner of Historical Society, Phase A - Electrical Update, to Tunney
Public Works dated January 21,1998, be received and filed; Electric, the lowest responsible bidder in the amount of
and $47,453.00, with said cost to be charged to CPF 200-402-020
That the Commissioner of Public Works be, and he hereby - Division of Buildings.
is authorized to prepare plans, specifications and advertise for PASSED
sealed proposals for the Construction of Handicap Ramps, City AYES - 13 NOES - 0
Wide, Group #460. Funds for this project will be available in
the Division of Engineering Capital Projects Fund #201-401-NO.35
006-00-000. REPORTOFBIDS
PASSED MAIN-TUPPERPOLICEFACILITY
AYES - 13 NOES - 0 I advertised for on October 2, 1997 and received the
following sealed proposals for General Construction, Plumbing,
NO.32 and Electrical, which were publicly opened and read on
PERMISSIONTOHIREENGINEERING November 7, 1997; HVAC publicly opened and read on
CONSULTANT-MAINLASALLENovember 12, 1997:
ROADWAY/INFRASTRUCTURE-PHASEI General Construction
Permission is requested from your Honorable Body to hire C. Nichter Construction $2,757,140
an engineering consultant for design, construction Kenaidan Construction $2,807,000
administration and inspection of Main LaSalle Roadway and Paragon Northeast $2,840,000
Infrastructure Phase I. Summit Construction $3,047,000
This work will be coordinated with the Department of Hadala Construction $3,095,000
Community Development which has in place $2.5 Million in Siccoli & Massaro $3,109,000
Capital Funds allocated as part of the 1997-98 Capital Budget. Picone Construction $3,500,000
Funds for preliminary design are available in the Capital Plumbing
Reserve Planning Account #200-061-000. MKS Plumbing $225,426
REFERRED TO THE COMMITTEE ON FINANCE Elmwood Plumbing $228,600
J D Plumbing $239,934
NO.33 S & S Mechanical $311,128
REPORTOFBIDS-BUFFALO&ERIECOUNTYElectrical
HISTORICALSOCIETYREMODELING Industrial Power & Lighting $310,700
I asked for and received the following informal sealed Grand Island Electric $344,283
proposals for the Buffalo & Erie County Historical Society, O'Connell Electric $360,000
Remodeling, which were publicly opened and read on January Weydmann Electric $367,229
27, 1998. Frey Electric $379,000
Peyton Barlow $11,956.00 HVAQ
Summit Construction $14,800.00 Buffalo Sheet Metal $218,350
Bristol Enterprises No Bid John W. Danforth, Inc. $226,000
C. H. Bryon Co. No Bid Joseph Davis, Inc. $244,200
Lamparelli Construction No Bid I hereby certify that the foregoing is a true and correct
C. Nichter No Bid statement of all bids received and that the following are the
I hereby certify that the foregoing is a true and correct lowest responsible bidders in accordance with the plans and
statement of all bids received and that Peyton Barlow, in the specifications:
amount of Eleven Thousand Nine Hundred Fifty Six and 00/1 General Construction: C. Nichter Construction in the amount
00 Dollars ($11,956.00) is the lowest responsible bidder in of $2,757,140.
accordance with the plans and specifications. Plumbing: MKS Plumbing in the amount of $225,426.
I recommend that Your Honorable Body authorize the Electrical: Industrial Power & Lighting in the amount of
Commissioner of Public Works to order the work on the basis HVAC: Buffalo Sheet Metal in the amount of $218,350.
of the low bid. Funds for this work are available in CPF 200- I recommend that Your Honorable Body authorize the
Commissioner of Public Works to order the work on the basis Firstrhyme Construction Corp., Inc.
of the low bid. Funds for this work will be available in CPF 202-470 Buffalo Road
402-004 - Division of Buildings. East Aurora, New York 14052 $ 1,179,005.00
REFERRED TO THE COMMITTEE ON FINANCE Paul J. Gallo Contracting, Inc.
PO Box 4.53
NO.36 East Amherst, New York 14051 $ 1,480,397.10
REPORTOFBIDS MJP Contracting, Inc.
UNDERGROUNDPETROLEUMSTORAGETANK 68 Churchill Street
CLOSURESANDSITEIMPROVEMENTS Buffalo, New York 14201 $ 1,495,920.00
As authorized by your Honorable Body in Common Council A thorough mathematical review and bid tabulation was
Proceeding No. 121 of March 18, 1997 plans and made on the twelve bid proposals received. The Consultant's
specifications were prepared and sealed proposals accepted findings showed that the apparent low bidder, Donald J.
for Underground Petroleum Storage Tank Closures and Site Braasch Construction omitted the backfill cost of all ductile iron
Improvements. pipe items. They interviewed the apparent low bidder and they
I submit the following report of all bids received which were confirmed that the backfill to be included in all ductile iron pipe
opened in my office at 11:00 a.m. on January 21, 1998: prices had been omitted. In the Consultant's opinion, Donald J.
Visone Construction, Inc. Braasch Construction's bid did not include this item and
79 Sheldon Avenue therefore did not include enough money in the contract to
Depew, New York 14043 $ 152,000.00 complete the contract properly. Per General Municipal Law,
ARIA Contracting Corp. Section 103, Item No. 11, 'Bid Mistake; Public Projects",
3907 North Buffalo Road Donald J. Braasch has requested that their bid be withdrawn
Orchard Park, New York 14127 $ 168,400.00 from consideration and the Consultant agrees.
STS Construction I certify that the foregoing is a true and correct statement of
185 Dover Street all bids received and that Pine Ridge, Inc., 7135 Davis Road,
West Seneca, New York 14224 $ 172,000.00 West Falls, New York is the lowest responsible bidder
Lebis Enterprises, Inc. complying with the plans and specifications for Waterline
261 Massachusetts Avenue Replacement on Crowley Avenue, Rano Street and Vulcan
Buffalo, New York 14213 $ 173,620.00 Street with their bid in the amount of $904,882.50.
Pinto Construction Services, Inc. I respectfully request that your Honorable Body authorize the
1 Babcock Street Commissioner of Public Works to enter into a contract with
Buffalo, New York 14210 $ 174,985.00 Pine Ridge, Inc. in the amount of $904,882.50 plus approved
Marcor Remediation, Inc. unit prices for an additional $90,488.25 for a total encumbrance
402 Vulcan Street in the amount of $995,370.75 to be charged to the Division of
Buffalo, New York 14207 $ 219,871.00 Water's Capital Project Account.
I certify that the foregoing is a true and correct statement of The Engineer's estimate for this project was $1,147,030.00.
all bids received and that Visone Construction, Inc. 79 Sheldon Mrs. LoTempio moved
Avenue, Depew, New York 14043 is the lowest responsible That the above communication from the Commissioner of
bidder complying with the plans and specifications for Public Works dated January 26, 1998, be received and filed;
Underground Petroleum Storage Tank Closures and Site and
Improvements with their bid in the amount of $152,000.00. That the Commissioner of Public Works be, and he hereby
I respectfully request that your Honorable Body authorize the is authorized to award a contract for Waterline Replacement on
Commissioner of Public Works to enter into a contract with Crowley, Rano and Vulcan Streets, to Pine Ridge, Inc., in the
Visone Construction, Inc. in the amount of $152,000.00 plus amount of $904,882.50 plus approved unit prices for an
approved unit prices for an additional $15,200.00 for a total additional $90,488.25 for a total encumbrance in the amount of
encumbrance in the amount of $I67,200.00 to be charged to $995,370.75, the lowest responsible bidder. Funds for this
the Division of Water's Capital Project Account. project are available in the Division of Water's Capital Project
The Engineer's estimate for this project was $175,000.00. Account.
REFERRED TO THE COMMITTEE ON FINANCE PASSED
AYES - 13 NOES - 0
NO.37
REPORTOFBIDS NO.38
WATERLINEREPLACEMENTONCROWLEY, REPORTOFBIDS
RANOSTREETANDVULCANSTREET WESTSIDEWATERMAINREPLACEMENTS
As authorized by your Honorable Body in Common Council As authorized by your Honorable Body in Common Council
Proceeding No. 32 of April 30, 1996 plans and specifications Proceeding No. 117 of September 16, 1997 plans and
were prepared and sealed proposals accepted for Waterline specifications were prepared and sealed proposals accepted
Replacement on Crowley Avenue, Rano Street and Vulcan for West Side Watermain Replacements.
Street. I submit the following report of all bids received which were
I submit the following report of all bids received which were opened in my office at 11:00 a.m. on January 21, 1998:
opened in my office at 11:00 a.m. on January 14, 1998: Mar-Wal Construction Company, Inc.
Donald J. Braasch Construction, Inc. 440 Gould Avenue
1661 Lakeview Road Depew, New York 14043 $ 2,292,800.00
Lakeview, New York 14085 $775,040.00 New Easton, Inc.
Pine Ridge, Inc. 3320 Walden Avenue
7135 Davis Road Lancaster, New York 14086 $ 2,818,265.00
West Falls, New York 14170 $904,882.50 Visone Construction
Mar-Wal Construction 79 Sheldon Avenue
440 Gould Avenue Depew, New York 14043 $ 2,838,725.00
Depew, New York 14043 $948,134.00 Depew Development
Visone Construction 4429 Walden Avenue
79 Sheldon Avenue Lancaster, New York 14086 $ 2,844,840.00
Depew, New York 14043 $ 1,017,650.00 Pine Ridge, Inc.
E & R General Construction, Inc. 7135 Davis Road
38 St. David's Drive West Falls, New York 14170 $ 2,997,346.00
West Seneca, New York 14224 $ 1,041,890.00 Kandey Company, Inc.
Milherst Construction, Inc. 19 Ransier Drive
2601 Millersport Highway West Seneca, New York 14224 $ 4,097,604.00
Getzville, New York 14068 $ 1,064,446.00 I certify that the foregoing is a true and correct statement of
Janik Paving & Construction, Inc. all bids received and that Mar-Wal Construction Company,
3710 Abbott Road Inc., 440 Gould Avenue, Depew, New York 14043 is the lowest
Orchard Park, New York 14127 $ 1,090,427.10 responsible bidder complying with the plans and specifications
Nichols, Long & Moore Construction for West Side Watermain Replacements with their bid in the
149 Gunnville Road amount of $2,292,800.00.
Lancaster, new York 14086 $ 1,091,080.00 I respectfully request that your Honorable Body authorize the
Triple R Development of WNY, Inc. Commissioner of Public works to enter into a contract with Mar-
27 Wyndmoor Court Wal Construction Company, Inc. in the amount of
Depew, New York 14043 $ 1,098,461.50 $2,292,800.00 plus approved unit prices for an additional
$229,280.00 for a total encumbrance in the amount of NO.44
$2,522,080.00 to be charged to the Division of Water's Capital CHECKSRECEIVED
Project Account. ITEMNO.104,C.C.P.2/2/88
The Engineer's estimate for this project was $2,550,210.00. 8155-00106810 C2-97-0072 $86.40
REFERRED TO THE COMMITTEE ON FINANCE 8155-00106822 C2-97-0088 9,804.60
8155-00106849 C2-97-0092 537.60
NO.39 8155-00106848 C2-97-0097 816.60
CERTIFICATEOFAPPOINTMENT TOTAL DEPOSIT $ 11,245.20
Appointment Effective 1/29/98, in the Department of Public The above referenced property has been administratively
Works, Division of Engineering, to the position of Junior forfeited by the Drug Enforcement Administration. (DEA). The
Engineer, Provisional, Promotion, at the Intermediate starting checks were received by this Department and duly deposited in
salary of $31,128.00 the Trust & Agency Account, #610-200-217-00-300.
Donald J. Poleto, 148 Densmore St., Buffalo, NY 14220 RECEIVED AND FILED
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
FROMTHECOMMISSIONEROFFIRE
NO.40 NO.45
CERTIFICATEOFAPPOINTMENT STEVERYNDAK-DIFFERENCEINSALARY
Appointment Effective 1-22-98, in the Department of' Public Steve Ryndak, Motor Equipment Mechanic, in the Repair
Works, Division Of' Engineering, to the Position of Shop at the Buffalo Fire Department was injured from July 16,
Superintendent of Traffic Signal System, Permanent at the: 1997 to August 20, 1997. He is owed a difference in pay
Intermediate Starting Salary of $ 33,826 between Worker's Compensation (Allied Claims Service) and
Henry J. Szczepanski, 136 Highgate Ave., Bflo., NY 14214 the City of Buffalo for the amount of $123.95. (see attached
REFERRED TO THE COMMITTEE ON CIVIL SERVICE table)
Mrs. LoTempio moved
NO.41 That the above communication from the Commissioner of
CERTIFICATEOFAPPOINTMENT Fire dated January 14, 1998, be received and filed; and
Appointment Effective January 26, 1998 in the Department of That the Comptroller be, and he hereby is authorized to pay
Public Works, Division of Buildings to the Position of Senior Steve Ryndak, a Motor Equipment Mechanic, in the Repair
Inventory Clerk, Permanent Promotion at the Intermediate Shop at the Buffalo Fire Department the amount of $123.95 for
Starting Salary of: $ 27,321 difference in pay allowance under the provisions of the
Christine V. Serafin, 41 Seward Street, Buffalo 14206 Workers' Compensation Law for the period July 16, 1997 to
REFERRED TO THE COMMITTEE ON CIVIL SERVICE August 20, 1997.
PASSED
NO.42 AYES - 13 NOES - 0
SQ.FT.COSTSOFNEWPOLICEPRECINCTS
&ELMWOOD-VIRGINIAFIRESTATION NO.46
As requested in the Finance Committee meeting of Tuesday, CERTIFICATEOFAPPOINTMENT
January 27, 1998, attached is a recap showing square foot Appointment effective- amended date - February 2, 1998
costs for the new police precinct at Kensington and Bailey, on In the department of Fire, Division of Communications - Alarm
Hertel Avenue and the bid recap for the proposed Main and Office, to the position of Assistant Fire Alarm Dispatcher,
Tupper precinct. Also attached is a square foot cost for the Provisional, at the flat Starting salary of $47,073
new fire station at Elmwood and Virginia. Richard Johnson, 83 Philadelphia, Buffalo, 14207
Questions have arisen regarding just what part of the Mark Eisensmith, 16 Trier, West Seneca, 14224
building we acquired at the site of the Elmwood and Virginia fire REFERRED TO THE COMMITTEE ON CIVIL SERVICE
station. Our records indicate that the City purchased the entire
building, not just the area containing the fire station. The NO.47
remainder of the building not occupied by the fire department is CERTIFICATE OF APPOINTMENT
under lease to another agency, and the City receives revenue Appointment effective February 2, 1998, In the Department
of approximately $40,000 a year. of Fire, To the position of Fire Lieutenant, contingent
If you need any additional information, please contact me at permanent promotion, at the flat Starting salary of $49,769
your convenience. Frank Lucca, 416 N. Forest Road, Williamsville, 14221
REFERRED TO THE COMMITTEE ON FINANCE
NO.48
FROMTHECOMMISSIONEROFPOLICE CERTIFICATEOFAPPOINTMENT
NO.43 Appointment effective February 2, 1998, in the department of
GENDERDISCRIMINATIONCLAIM Fire, to the position of Fire Lieutenant, permanent promotion at
1. The hiring practice of Crossing Guards for the the flat Starting salary of $49,769
Buffalo Police Department is as Michael Mehltretter, 1762 Huth Road, Grand Island, 14072
follows: REFERRED TO THE COMMITTEE ON CIVIL SERVICE
2. An advertisement is placed in the Buffalo News.
Applications are forwarded to the Traffic Captain, and reviewed FROMTHECORPORATIONCOUNSEL
for accuracy and completeness. When it is determined that a NO.49
position needs to be filled, the candidate is notified to appear at ITEMNO.2,C.C.P.1/20/98
the Civil service Commission for further processing (physical, APPOINT/REAPPOINTVARIOUS
criminal history, and proof of residency). Upon approval by DEPARTMENTHEADS
Civil Service the applicant is hired by the police department. I have been nominated for the position of Corporation
Positions are filled in order of applications received and are Counsel for the City of Buffalo. The following is a brief
also based on the geographical area to be covered. I.e.:summary of my background and qualifications.
If an opening exists in the E District, we look for an applicant My background includes approximately twenty (20) years of
that resides in that district. municipal law experience. Since February 7, 1997, 1 have
The Police Commissioner submits a letter of nomination to served as Acting Corporation Counsel. Between January,
Civil Service for these candidates. 1987 and January, 1997, 1 served as Senior Deputy
3. The total number of Crossing Guards if 189. There Corporation Counsel. During that time, I supervised the overall
are 142 White, 41 Black and 5 Hispanic. There are 188 female operation of the office, served as lead counsel on major
crossing guards and there is one male. Since placing the want litigation and coordinated the defense and resolution of all
ad in August of 1996, the department has received applications lawsuits filed against the City and the Board of Education.
from rive males and has hired one. Currently, 110 applications Prior thereto, I served as a staff attorney and handled a wide
for the Crossing Guard position are on file with the department. variety of litigation, labor proceedings and other legal matters
Crossing Guard turnover is estimated at one per month and for five (5) years. Between 1977 and 1980, 1 served as a part-
is normally due to retirement. time law clerk with the City Law Department. During that time,
4. We do not keep a stock of new uniforms. There is a my primary focus was drafting legal opinions for the Common
limited amount of used equipment in stock. If used equipment Council. A copy of my resume is attached.
(uniforms) do not fit or are unavailable, an order is placed by The position of Corporation Counsel requires an attorney
phone or the guard is sent to a uniform company to be fitted. who is decisive, knowledgeable in many areas of the law,
This applies to both male and female uniform needs. organized and able to handle a large number of projects at one
REFERRED TO THE COMMITTEE ON CIVIL SERVICE time. I possess these skills.
I would greatly appreciate your consideration and
confirmation of my appointment. PROBLEMSWITHCIVILSERVICECOMMISSION
RECEIVED AND FILED (ITEMNO.61,C.C.P.,1/6/98)
The Common Council has requested that the Corporation
NO.50 Counsel submit a response to the letter of the Hispanic Law
QUALIFICATIONSOFTHECOMMISSIONER Enforcement Officers Association of W.N.Y. Individuals
OFGENERALSERVICES appointed to the Buffalo Police Department as "Hispanic" for
You requested an opinion from the Law Department the purpose of complying with the United States District Court
regarding the interpretation of Section 265.3 of the Charter of hiring -order in U.S.A. v. City of Buffalo are either Spanish
the City of Buffalo, which specifies the qualifications of the surnamed, Spanish-speaking, or demonstrate a familial
Commissioner of General Services. A question has arisen relationship with an Hispanic community.
about whether certain aspects of the Section are mandatory. To our knowledge no individuals have been identified who do
Section 265.3 reads as follows: not qualify Hispanic.
The commissioner shall be a graduate from a recognized REFERRED TO THE SPECIAL COMMITTEE ON POLICE
college or university and shall have at least five years of REORGANIZATION/OVERSIGHT.
experience in management administration or an equivalent
combination of training and experience sufficient to indicate NO.53
ability to perform his duties. His qualifications shall be APPOINT/REAPPOINTVARIOUS
acceptable to the mayor. DEPARTMENTHEADS
The rules of statutory construction require a statute to be C.C.P.,1/20/98,NO.2
interpreted as a whole. It is presumed that every word within This Honorable Body (by C.C.P., 12/23/97, No. 132) called
the statute is there for a purpose and any interpretation must upon the Corporation Counsel to confer with the Division of
consider the meaning, intent and effect of each word when Collection on appointments to City departments and report
read together. The requirements within Section 265.3 can be whether appointees owe money to the City. The Corporation
broken down into three parts. A) "graduate from a recognized Counsel conferred with that Division and reports (as verified by
college or university"; B) "have at least five years of experience that Division) that the following nominees for the heads of
in management administration”, and C) an equivalent various City departments do not owe the City any debts in
combination of training and experience sufficient to indicate arrears:
ability to perform his duties". Name Department
Part A calls for an educational requirement; i.e., training and Eva M. Hassett Administration and Finance
Part B requires a certain level of experience. Part C addresses Joseph E. Ryan Community Development
a combination of training and experience to perform the duties. Cornelius J. Keane Fire
The presence of "shall" in Parts A and B indicates that the Matthew L. Brown General Services
nominee must possess a minimum of these two requirements. Daniel T. Durawa Human Services, Parks and Recreation
However, the presence of "or" in the sentence indicates that R. Gil Kerlikowske Police
Part C is an alternative to Parts A and B and may also be used Joseph N. Giambra Public Works
as a measure of the qualifications of the Commissioner. The following nominees to City department currently are in
Since every word in the Section has a meaning and purpose, arrears to the City:
one must look to the impact and meaning of the terms together. Name Department
Part C calls for a "combination" of training and experience. Michael B. Risman Law
That suggests a consideration of educational background and Paul V. Sullivan Street Sanitation
relevant work experience. It does not simply modify Part B Mr. Risman's debt, the 1997-98 sewer rent, was paid by his
because Part B only addresses the experience requirement. If mortgage bank, M&T, on January 23, 1998, receipt of which
it was intended to modify Part B alone, the word training would has not yet been acknowledged by the City Treasurer and the
be irrelevant in this context. Division of Collections. Mr. Sullivan's debts are paid, save a
One must also look to what the statute does not say. It does remaining interest balance of approximately $55.
not clearly provide an “either-or" situation. Part C speaks to the RECEIVED AND FILED
job duties as a whole. It does not speak to being sufficient to
meet the five years of management administration experience, FROMTHECOMMISSIONEROFCOMMUNITY
but rather the entire spectrum of the position. If there were a DEVELOPMENT
period at the end of the word "experience" in Part C, that may NO.54
indicate an intent to address the experience aspect only. Yet CHANGEORDERS
since it goes on to elaborate about the entire job, more must be Your Honorable Body requested comments on the above
read into its application. referenced item pertaining to setting a monetary limit for
Part A and B are to be read together due to the presence of contract increases based on unit prices.
"and" and "shall". The "or" preceding Part C make it an For one, this department bids most projects on a lump sum
alternative to Parts A and B. Taken as a whole, with the last basis, but has done some work based solely on unit pricing.
sentence of the Section, there is an obvious intent to grant the Also please be advised that this department attempts to follow
Mayor some discretion in determining qualifications. If the the City Charter as to only authorizing extra work based on
Mayor is satisfied that the nominee possesses an equivalent unforeseen contingencies.
combination of training and experience, he should be deemed Our recommendation would be, rather than setting a dollar
qualified. amount limit for contract increases, a maximum percentage
RECEIVED AND FILED increase based on original contract award would be more
reasonable. A 10% maximum increase, except in the case of
NO.51 very unusual circumstances, would be acceptable to this
REVIEWOFNOMINEESFOR department.
APPOINTMENTS--BOARDOF REFERRED TO THE COMMITTEE ON FINANCE
TRUSTEES/LIBRARY
C.C.P.,1/20/98,NO.1 NO.55
Pursuant to C.C.P., 12/23/97, No. 132, the Corporation COMBINEEEOAFFIRMATIVEACTION
Counsel conferred with the Division of Collections and reports The Common Council has requested that the Buffalo Urban
(as verified by that Division as of January 22, 1998) that the Renewal Agency (BURA) respond to Resolution No. 211 -
following nominees for the Board of Trustees of the Buffalo and CCP 1/20/98 - Combining EEO, Affirmative Action and MWBE
Erie County Public Library currently do not owe the City any functions.
debts in arrears: The Buffalo Urban Renewal Agency follows the City of
Name Buffalo's Affirmative Action Plan as it relates to discrimination
David F. Granville questions, inquiries and complaints from employees and
The following nominees to the Board of Trustees of the citizens.
Buffalo and Erie County Public Library were in arrears to the Further, BURA uses the Mayor's Office of Contract
City (as of the Division of Collection's January 22 report): Compliance to ensure that its Affirmative Action subcontract
Name and workforce goals are met.
Sharon A. Thomas The Buffalo Urban Renewal Agency would utilize any entity,
Thomas E. Gleed division or department designated by the City of Buffalo to
Mr. Gleed paid his debts. Ms. Thomas' debts will be implement and monitor Affirmative Action, EEO and MWBE
satisfied with a payment arrangement in place. functions.
REFERRED TO THE COMMITTEE ON LEGISLATION REFERRED TO THE COMMITTEE ON CIVIL SERVICE
NO.52 NO.56
HOMEFUNDS-CDBGFUNDS NO.58
1180HERTELAVENUE WATERFRONTREDEVELOPMENTPROJECTAREAA
The property is located at 1180 Hertel Avenue, at the APPROVALOFCONTRACTFORSALEOFLAND
intersection of Hertel and Virgil. WATERFRONTASSOCIATES
The 35 unit, (34 one-bedroom & 2 two-bedroom), Senior Attached herewith is a Contract For Sale of Land by and
Citizen project will provide housing for those people who are 62 between the City of Buffalo and Urban Renewal Agency and
years and older. Waterfront Associates.
Household Size Income Guidelines* It is now necessary for Your Honorable Body to set a date for
1 $14,900 a public hearing, and to direct the publication of a notice of said
2 $17,050 hearing. In the interest of time and anticipating that Your
As of 12/96 Honorable Body is willing to expedite this matter, I have taken
Funding Sources the liberty to prepare a Resolution together with a Notice of
$2,665,600 HUD 202 Grant Public Hearing for your action.
$ 62,968 CDBG account 98-50303 Forwarded herewith are the following documents:
$ 100,000 HOME funds* 1. Resolution setting Public Hearing
$2,818,568 Total Project Cost 2. Notice of Public Hearing
*The CDBG/HOME funds will assist in the soft costs, 3. Resolution approving proposed Land Disposition
demolition ($96,300), and construction costs. Agreement
While the location presently houses a building in need of 4. Proposed Land Disposition Agreement
removal, it does have tremendous locational benefits for senior After the Public Hearing is held, Your Honorable Body may
citizens. It on a major bus route, and is located on the Hertel adopt a Resolution authorizing the Mayor to execute the
Avenue Neighborhood Commercial Strip. The immediate area necessary documents for the disposition of the land to
contains retail stores, banks, churches, supermarkets, and a Waterfront Associates.
library. It is also in close proximity to Delaware Park and the REFERRED TO THE COMMITTEE ON COMMUNITY
Buffalo Zoo. Sister's Hospital and St. Francis Geriatric and DEVELOPMENT
Health Care Services are both located within a few minutes
drive. NO.59
The proposed three story building feature community rooms (NYSECONOMICDEVELOPMENTZONE
and laundry facilities for use by the residents. The community (REVISIONTOBOUNDARYDESCRIPTION
room will have a multi-purpose meeting room, kitchen, laundry On February 22, 1994, this Honorable Body approved a
facilities, mail boxes, and managers office. The community Local Law creating an Economic Development Zone
room will be available for recreation and social activities. There (hereinafter referred to as "Zone"). On July 27, 1994, the City
will also be an Apartment/Service Coordinator and maintenance of Buffalo was awarded a New York State Economic
staff on-site. Development Zone, by the State of New York.
The one-bedroom units will be 540 sq. ft. The two-bedroom Subpart 2 of aforesaid Local Law defined the boundaries of
unit will have approximately 780 sq.ft. of living space. the areas of the Zone. Subsequent to the designation of the
Completion of the project is scheduled for the summer of Zone, certain areas adjacent to the Zone have been proposed
1999. for major economic developments.
Developer: People, Inc. Due to the recent developments, the Department of
1219 North Forest Road Community Development believes that it is in the best interests
Williamsville, New York, 14221 (716) 634-8132 of he City of Buffalo to approve the revision to the boundaries of
Contacts: Rhonda Fredrick the Zone.
Jocelyn Bos It is therefore respectfully requested that the attached
I am requesting $100,000.00 of HOME funds at 0% for 20 resolution be approved.
years, and $62,968.00 in CDBG funds at the same terms, The RECEIVED AND FILED
owner is current with all City, County, Water bills, and
outstanding letters of violation for this property and all other NO.60
properties owned either solely or jointly within the City of PERMISSIONTOHIREACONSULTANT
Buffalo. We are requesting permission of Your Honorable Body to
Mrs. LoTempio moved hire a consultant to develop master plans for Shiller Park,
That the above communication from the Commissioner of Houghton Park, and Hennepin Park; and subsequently develop
Community Development plans, specifications and estimates for park renovations and
dated January 27, 1998, be received and filed- and improvements. Funds for this project are available in Bond
That the Commissioner of Community Development be, and Fund Account 200-717017.
he hereby is authorized to release the amount of $100,000.00 Mrs. LoTempio moved
of HOME Funds to (People, Inc.) Rhonda Fredrick and Jocelyn That the above communication from the Commissioner of
Bos to assist in the construction of a 35 unit, Senior Citizen Community Development dated January 26,1998, be received
project at 1180 Hertel Avenue. and filed; and
PASSED That the Commissioner of Community Development be, and
AYES - 13 NOES - 0 he hereby is authorized to hire a consultant to develop master
plans for Schiller, Houghton and Hennepin Parks to develop
NO.57 plans, specifications and estimates for park renovations and
SOUTHELLICOTTURBANRENEWALAREAPHASE2 improvements. Funds for this project will be available in Bond
APPROVALOFCONTRACTFORSALEOFLAND Fund Account 200-717-017.
GRAPHICCONTROLS PASSED
Attached herewith is a Contract For Sale of Land by and AYES - 13 NOES - 0
between the City of Buffalo and Urban Renewal Agency and
Graphic Controls. NO.61
It is now necessary for Your Honorable Body to set a date for REQUESTTORESCINDDEMOLITIONBIDSFOR:
a public hearing, and to direct the publication of a notice of said 283WALDEN
hearing. In the interest of time and anticipating that Your DUETOCHANGEINFUNDINGSOURCE
Honorable Body is willing to expedite this matter, I have taken We are requesting your Honorable Body to rescind the
the liberty to prepare a Resolution together with a Notice of demolition bid as reported in C.C.P. Item # 043 dated 01/21/97,
Public Hearing for your action. and charged to the Special Assessment Fund.
Forwarded herewith are the following documents: Great Lakes Contracting Corp. was awarded the bid, being the
1. Resolution setting Public Hearing low bidder at $6,000.00.
2. Notice of Public Hearing The costs were originally charged to the Special Assessment
3. Resolution approving proposed Land Disposition Fund #500-000-002-00000, but we have since charged them to
Agreement the Community Development Block Grant account #50302.
4. Proposed Land Disposition Agreement Mrs. LoTempio moved:
After the Public Hearing is held, Your Honorable Body may That the communication from the Department of
adopt a Resolution authorizing the Mayor to execute the Community Development, dated January 27, 1998, be received
necessary documents for the disposition of the land to Graphic and filed; and
Controls. That the Commissioner of Community Development
REFERRED TO THE COMMITTEE ON COMMUNITY be, and he hereby is authorized to rescind the demolition bid in
DEVELOPMENT an emergency demolition contract to Great Lakes Contracting
Corp., at a cost of $6,000.00, relating to 283 Walden Avenue,
as reported in Item No. 43, C.C.P., January 21, 1997 and "REQ.COUNCILAPPROVALFORDELICATESSENS
should be charged to the Community Development Block Grant INTARGETAREAS"
account #50302 instead of the Special Assessment Fund ITEM#108,C.C.P.JAN.6,1998
#500-000-002-00000. In response to the above stated Common Council
PASSED. communication I would like supply your Honorable Body with
AYES-13. NOES-0. the following information. The Department of Community
Development, Division of Inspections, Licenses and Permits is
NO.62 complete agreement with the assessment and ill effects an
REQUESTTORESCINDDEMOLITIONBIDS improperly run delicatessen has on the surrounding
FOR212EAST neighborhood. Representatives of the Division of Inspections,
We are requesting your Honorable Body to rescind the Licenses and Permits have had representation on the task
demolition bid as reported in C.C.P. Item # 146 dated 09/17/96, force that has made recommendations in the drafting of the
and charged to the Special Assessment Fund. legislation that is about to be implemented for the newly
Eastwood Industries was awarded the bid, being the low bidder required "certificate of operation" for delicatessens. Your
at $5,890. suggestion that all applications must come before the Common
The costs were originally charged to the Special Assessment Council would be a question that would best be answered by
Fund #500-000-002-00000, but this property has been the representatives of the Department of Law. We in the
transferred to a non-for-profit development corporation and is in Department of Community Development, Division of
the process of being rehabilitated for a first time homebuyer, Inspections, Licenses and Permits will fulfill our charge to the
mitigating the need for demolition. best of our abilities in conformance the law as written. It is my
Mrs. LoTempio moved: sincere hope that this response satisfies your inquiry.
That the communication from the Department of Community REFERRED TO THE COMMITTEE ON LEGISLATION.
Development, dated January 27, 1998, be received and filed;
and NO.66
That the Commissioner of Community Development STATUSOF"VISITORDIRECTIONALSIGNS"
be, and he hereby is authorized to rescind the demolition bid in ITEMNO.244,CCP01/20/98
an emergency demolition contract to Eastwood Industries, at a Presently, the Visitor Directional Signs remain within
cost of $5,890.00, relating to 212 East, as reported in Item No. the Department of Community Development. It is the
146, C.C.P., September 17, 1996, this property has been department's goal to ensure that the signs are posted
transferred to a not-for-profit development corporation and is in expeditiously and without discrepancies to the locations. The
the process of being rehabilitated for a first time homebuyer, department is currently working with the Department of Public
mitigating the need for demolition and should not be charged to Works, for an efficient and effective posting of the signs.
the Special Assessment Fund 9500-000-002-00000. REFERRED TO THE COMMITTEE ON COMMUNITY
PASSED. DEVELOPMENT.
AYES-13. NOES-0.
NO.67
NO.63 TRANSFEROFTITLE,URBANHOMESTEADPROGRAM
REQUESTTORESCINDPREDEMOLITIONASBESTOS421MADISON
REMOVALBIDSFOR (CITYOWNED-VACANTLOT,DIMENSIONS28'X109')
23BALCOMEAST The Department of Community Development has
We are requesting your Honorable Body to rescind the surveyed the city-owned vacant lot at 421 Madison, the parcel
predemolition asbestos removal bid as reported in C.C.P. Item is 28' x 109' in dimension; and it has been determined that this
# 120 dated 04/30/96, and charged to the Special Assessment parcel is inappropriate for either the construction of a new
Fund. housing or needed for public purposes.
Georgian Bay Contracting was awarded this bid, being the low Mr. George Carter, residing at 419 Madison Street
bidder at $3,175. indicated that he will clean, improve and maintain the lot in the
The costs were originally charged to the Special Assessment event that they obtain title to the property under the Urban
Fund #500-000-002-00000, but this property has been Homestead program.
transferred to a new owner who is repairing and occupying it, We, therefore, recommend that the city-owned vacant
thus mitigating the need for demolition. lot to be designated as a Homestead Property and be
Mrs. LoTempio moved: transferred to Mr. George Carter on the condition that the
That the communication from the Department of property is cleared and improved within (6) months and
Community Development, dated January 27, 1998, be received maintained in a sanitary manner.
and filed; and REFERRED TO THE COMMITTEE ON COMMUNITY
That the Commissioner of Community Development DEVELOPMENT.
be, and he hereby is authorized to rescind the predemolition
asbestos removal bid to Georgian Bay Contracting, at a cost of NO.68
$3,175.00, relating to 23 Balcom East, as reported in Item No. TRANSFEROFTITLE,URBANHOMESTEADPROGRAM
120, C.C.P., April 30, 1996, this property has been transferred 280BRISTOL
to a new owner who is repairing and occupying it, mitigating the (CITYOWNED-VACANTLOT,DIMENSIONS48'X116')
need for demolition and should not be charged to the Special The Department of Community Development has
Assessment Fund #500-000-002-00000. surveyed the city-owned vacant lot at 280 Bristol, the parcel is
PASSED. 48' x 116' in dimension; and it has been determined that this
AYES-13. NOES-0. parcel cannot be sold, is inappropriate for either the
construction of new housing or needed for public purposes.
NO.64 Mr. and Mrs. Robert Klinko, residing at 278 Bristol
"REQUESTORDINANCEAMENDMENT-PROPERTYStreet indicated that they will clean, improve and maintain the
INSPECTIONS" lot in the event that they obtain title to the property under the
RES.NO.210,C.C.P.JAN.20,1998 Urban Homestead program.
In response to the above stated Common Council We, therefore, recommend that the city-owned
communication I would like to supply your Honorable Body with vacant lot to be designated as a Homestead Property and be
the following information. As stated in the previously transferred to Mr. and Mrs. Klinko on the condition that the
mentioned communication the entire section 242 of the Chapter property is cleared and improved within (6) months and
and Ordinance was rendered useless to the Department of maintained in a sanitary manner.
Community Development', Division of Inspections, Licenses REFERRED TO THE COMMITTEE ON COMMUNITY
and Permits when the Erie County Commissioner of Health DEVELOPMENT.
was empowered to enforce this Code Section. We appreciate
your Honorable Body concerns and your understanding of the NO.69
inner workings of our Department and whole heartily support “UPDATEINVESTIGATION-417NORTHUMBERLAND"
this proposed change. This augmentation of Section 242 of ITEMNO.213,C.C.P.1/20/98
the Charter and Ordinance will give our Department an In response to the above stated Common Council
additional tool to help control situations that are detrimental to Communication, I would like to provide your Honorable Body
the Health and welfare of the general public. It is my sincere with the following information. 'File above stated property has
hope that this response satisfies your inquiry. been inspected by the Division of Inspections and also has all
REFERRED TO THE COMMITTEE ON LEGISLATION. active court case, and a warrant out for the owner as of
3/18/97. As a result of tile most recent inspection from the
NO.65 Buffalo Police Department, we again did a complete interior
and exterior inspection of this property, finding numerous REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
violations, and also citing the improper use, razor wire, and
fencing. The property has again been written for court for tile FROMTHECOMMISSIONEROFADMINISTRATIONAND
additional violations with an arraignment date scheduled for FINANCE
2/17/98. It is my sincere hope that this response satisfies your
inquiry. NO.73
REFERRED TO THE COMMITTEE ON LEGISLATION. COMBINEEEO,AFFIRMATIVEACTION,ANDM/WBE
FUNCTIONS
NO.70 RES.NO.211,1/20/98
AUTHORIZATIONTOPURSUEFUNDING- This administration places a high degree of importance on
NEWYORKSTATECLEANWATER/ issues relating to equal employment, affirmative action and
CLEANAIRBONDFUND minority-owned businesses, believes that it has made good
The Department of Community Development requests progress to date on all of them, and is committed to making
that the Common Council authorize it to pursue funding under more progress in the future.
the environmental remediation portion of the New York State We believe that as far as equal employment and affirmative
Clean Water/Clean Air Bond Fund to remediate 1 Liberty Street action concerns relating to city employment, that the Division of
for non-residential use. Labor Relations--acting as the City's personnel office--provides
It is the request of the Department that Mayor Masiello or his good leadership and coordination. Brian Stocker, who is the
designees be authorized to submit the application in this City's EEO/affirmative action coordinator, convenes a weekly
regard. meeting on these issues in which several councilmembers
Mrs. LoTempio moved: participate; this committee has responded to many concerns in
That the Mayor or his designee be and he hereby is the past and is certainly available to any councilmember who
authorized to pursue funding under the environmental wishes to attend. In addition, Brian is available to any employee
remediation portion of the New York State Clean water/Clean or potential employee who may have a complaint.
Air Bond Fund to remediate I Liberty Street for non-residential The M/WBE function--that of recognizing, developing and
use, and he is also authorized to submit the application to contracting with City owned businesses--has generally been
achieve this action. handled outside of the Labor Relations process, as it does not
PASSED. concern City employees or employment issues.
AYES-13. NOES-0. We will be happy to consider the idea of centralizing these
functions in a new, separate unit and will report back to your
FROMTHECOMMISSIONEROFSTREETSANITATION Honorable Body as soon as possible.
I trust this answers your question.
NO.71 REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
INVESTIGATESTREETSANITATIONTRUCKS
DAMAGINGPRIVATEPROPERTY NO.74
RESOLUTIONNO.245,JANUARY20,1998 EEOCOMPLAINTPROCESS
In response to Resolution #245 dated January 20, 1998, please (CIVILSERVICECOMMITTEEQUESTIONS)
allow me to explain the use of the lot at 39 Milnor Avenue: This is in response to a letter I received fm Council staff
The lot at 39 Milnor, Buffalo, NY 14204, is not owned by the wherein the Civil Service Committee asks the following
City of Buffalo. It is owned by Mr. Robert Miller Jr. of Belmont questions:
Management Company. Enclosed is the agreement dated "What is the process City employees use to file a complaint?"
August 11, 1997 regarding the use of this lot (marked Attached "How are City employees made aware of the complaint
1.). process?"
The Department of Street Sanitation has done extensive work I believe that what the Committee means by "complaint" relates
and spent thousands of dollars to clean up and repair this lot to issues of employment, discrimination, harassment based on
for our use. Streets used the help of other City Departments to race or gender, etc. (Complaints relating to terms and
transform this lot into a parking facility for our trucks as the conditions of employment as contained in the collective
Streets Department simply has no room to park these trucks in bargaining agreements should be directed to the employee's
the Streets Garage located at 197 Broadway. These repairs department head and/or union representative through the
include: grievance process).
A. A fenced was installed to prevent children from By way of answering the two questions, I have attached the
entering the lot. City's Affirmative Action Plan as presented to and adopted by
B. The City of Buffalo Parks Department spent your Honorable Body in the spring of 1997. As you can see
days clearing this lot of trees and from the cover note attached to the plan, there is a Committee
brush. that meets weekly to review and continuously improve the plan.
C. The Engineering Division of Public Works paved The answer to the first question in contained on pages 36-39 of
this lot for our use. the plan, the section entitled "Complaint Procedure"; should
Upon further investigation of the damage to the lawn at 41 any Councilmember or employee have questions about this
Milnor Street, I have found Streets Department vehicles and procedure, I would first refer them to Brian Stocker.
equipment operators to be at fault. The following are steps the The answer to the second question is found on page 13 of the
Streets Department intends to implement to prevent the further plan, "Internal and External Dissemination of Policy." Again,
damage of properties on Milnor Street: any questions you might have can be directed to Brian Stocker.
A concrete barrier will be placed at the property line of 41 In addition, I have asked Brian to redistribute immediately a
Milnor to prevent vehicles from turning too sharp. This will memo briefly outlining the complaint procedure and his role in it
prevent equipment operators from cutting too sharp, thus to department heads, union leaders and councilmembers that
causing damage to the lawn at 41 Milnor Street. all may have the information once again.
The drivers will be reprimanded for any further damage caused I trust this answers your question.
by irresponsible driving. REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
The Streets Department will repair the curb, sidewalk and lawn
of 41 Milnor Street as soon as weather permits. FROMTHECOMMISSIONEROFHUMANSERVICES,
The Streets Department is currently working with Parking PARKSANDRECREATION
Violations to impose restrictions on Milnor Street so our trucks
will have more room to maneuver. NO.75
Although we do not have a legal binding agreement to use this CERTIFICATEOFAPPOINTMENT
lot for a parking facility, we do have written permission from the Appointment effective January 29, 1998 in the Department of
owner. This agreement was made due to lack of space. I am Human Services, Division of Parks, to the position of Park
interested in listening to other options by the Council. Utility Worker, Permanent Promotion, at the Intermediate
REFERRED TO THE COMMITTEE ON LEGISLATION. Starting Salary of $25,977.
Kenneth Stevens, 106 Timon, Buffalo, New York 14211
NO.72 REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
CERTIFICATEOFAPPOINTMENT
Appointment effective January 20, 1998 in the Department of NO.76
Street Sanitation to the position of Supervisor of Street CERTIFICATEOFAPPOINTMENT
Sanitation I, Provisional Promotion, at the Maximum Starting Appointment EffectIve January 29,1998 in the Department of
Salary of $29,741. Human Services, Parks, and Recreation, to the position of Park
Gregory P. Guido, 817 Richmond Avenue, Buffalo, New York Utility Worker, Permanent Promotion, at the Intermediate
14222 Starting Salary of $26,792.
Patrick Fray, 144 Macamley, Buffalo, NY 14220 Common Council-Susan M. Brennan
Buffalo 14220 Police-Jamie A. Miller, Salvatore A. Polizzi, Jr., Robert
REFERRED TO THE COMMITTEE ON CIVIL SERVICE. Quintana, Marie L. Schreckenberger.
Corporation Counsel- Susan L. Scoma (Fasanella)
FROMTHECIVILSERVICECOMMISSION Street Sanitation-John H. Jones
Human Services, Parks/Recreation- Thomas Chwalinski
NO.77 RECEIVED AND FILED.
HISPANICLAWENFORCEMENTOFFICERSASSN,
PROBLEMSWITHCIVILSERVICE NO.82
(ITEM#61CCPJANUARY6,1998) REPORTSOFATTENDANCE
The Commission is in receipt of your communication I transmit herewith communications received by me, from the
of January 8, 1998, relative to the above Council proceedings various boards, commissions, agencies and authorities
Please be advised that the Commission has requested reporting the membership attendance at their respective
advisement from the Law Department relative to same. Upon meetings:
receipt of said information, we will forward a response to you. Board of Stadium and Auditorium
REFERRED TO THE SPECIAL COMMITTEE ON POLICE Buffalo Sewer Authority
REORGANIZATION/OVERSIGHT. City Planning Board
RECEIVED AND FILED.
FROMTHEBOARDOFEDUCATION
NO.83
NO.78 NOTICESOFAPPOINTMENTS-COUNCILINTERNS
PROGRESSREPORT-BOARDOFEDUCATIONLAWSUIT I transmit herewith appointments to the position of Council
CCP#178,OCTOBER28,1997 Intern.
Attached, for your perusal, is a joint statement Mrs. LoTempio moved the approval of the appointments to the
released by both parties. position of Council Intern.
I can assure you that no further developments have ADOPTED.
taken place since November 5, 1997. Appointment Effective December 18, 1997 (CORRECTED
I do expect, in the very near future, a progress report COPY) In the Department of Common Council to the Position
from Salomon Brothers and Keilin and Company. When the of Intern IV, Seasonal-Non-Competitive at the Flat Starting
update is given, I will brief the Common Council. Salary of $6.00 per hr.
REFERRED TO THE COMMITTEE ON EDUCATION. Caroline Kooshoian, 404 Woodbridge, Bflo, New York 14214
FROMTHECITYCLERK NO.84
APPOINTMENTS-MAYOR'SYOUTHOPPORTUNITY&
NO.79 EMPLOYMENT
PESTMANAGEMENTBOARD I transmit herewith appointments made in the Mayor's Youth
PAYASYOUTHROWPILOTPROGRAM Opportunities and Employments Programs.
(RES.#154-OCTOBER14,1997) RECEIVED AND FILED.
I write as Chair of the Buffalo Pest Management Board to Appointment Effective January 16, 1998, in the Department
comment on reported plans to use city-supplied carts in a Pay-of Mayor’s Office, Division of Youth Opportunity and
As-You Throw (PAYT) Pilot Program. While the advantages of Employments Program to the Position of Intern II, Seasonal,
an effective PAYT program in encouraging recycling and waste Non Competitive, at the flat starting salary of $5.15/hr.
reduction are obvious, one of the less obvious advantages of Andrea Figueroa, 24 Covington Rd., Buffalo, N.Y. 14216
the proposed program is its potential to reduce the city's rodent Appointment Effective January 20, 1998, in the Department of
problems. In investigating the problem of rodents in an urban Mayor’s Office, Youth Cpportunity and Intern Program
environment, the Board has learned that rat populations are Intern III, Seasonal, Non Competitive, at the flat starting salary
best limited by cutting off their supplies of food and shelter. of $6.00/hr,
Poisoning is at best a temporary solution in that rats breed Rolinda Hill, 55 Viola Pk., Buffalo, N.Y., 14208
quickly when food and shelter are available.
In recent years the increasingly common practice of storing and NO.85
setting out trash in plastic bags instead of cans has provided APPOINTMENTS-TEMPORARY,PROVISIONALOR
rats with an enormous food supply as the bags are easily PERMANENT
chewed through. We believe this practice has contributed to I transmit herewith Appointments in the various departments
an increased rat population in the city. made at the Minimum (Temporary, Provisional or Permanent)
The exclusive use of durable carts with lids that are easily and for Appointments at the Maximum (as per contract
closed would go a long way toward reducing the food supply requirements)
available to rats in the city. While there is some concern about REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
the possibility of increased illegal dumping under a PAYT OFFICE OF MAYOR
system, we believe most rats in the city are feeding off garbage Appointment Effective January 22, 1998 in the Division of
that is poorly stored and set out and that the exclusive use of Mayor to the position of Telephone Operator, Provisional
carts, even with some increase in illegal dumping, would be a Appointment at the Minimum Starting Salary of $23,396
major step forward in the effort to control the city's rat Lanette D. Boulware, 132 Harvard, Buffalo, N.Y. 14209
population. DEPARTMENT OF POLICE
Board members are concerned that the 90 gallon carts are too Appointment Effective January 16, 1998, in the Department
big to encourage waste reduction for most families and are far of Police to the Position of Police Officer, Permanent
larger than any of the Board members would need. They ask Appointment at the Minimum Starting Salary of $ 31,792
that 60 gallon 30 gallon and smaller containers be made readily Anthony J. McHugh, 76 Livingston St., Buffalo, N.Y. 14213
available if the program moves out of the pilot phase. Ronald T. Ammerman, 127 Tillinghast, Buffalo, N. Y. 14216
We look forward to hearing more about the PAYT Pilot Anthony H. Sisti, Jr., 4 W. Fleming Alley, Buffalo, N.Y.14206
Program and are happy to provide the Council with whatever Robert R. Johnson, 31 Athol Street, Buffalo, N.Y.14220
assistance we can regarding this and other issues. Scott A. Testa, 72 Taunton Place, Buffalo, New York 14216
REFERRED TO THE COMMITTEE ON LEGISLATION. Patrick P. Baggott, 109 Dundee Street, Buffalo, N. Y. 14220
Stephen W. Zipp, 220 Columbus Ave., Buffalo, N. Y. 14220
NO.80 Bohdan Papisz, 159 Mineral Springs Rd., Bflo, N.Y. 1421 0
MAYORREPORTEDOUTOFSTATE Charles J. Skipper, 94 Edgewood Ave., Buffalo, N.Y. 14220
I transmit herewith a communication received by me Joseph S. Ahmed, 363 Cumberland , Buffalo, N.Y. 14220
from the Mayor, reporting his absence from the state from Raymond B. Harrington, 39 Reiman, Buffalo, N.Y. 14206
Wednesday, January 28th, from 7:00 a.m. until Friday, January Joseph M. Langdon, 106 Weyand ,Buffalo, New York 14210
30, 1998 at 4:45 p.m. Erin M. McCarthy, 297 Eden Street, Buffalo, N.Y. 14220
RECEIVED AND FILED. Kelly A. Joyce, 87 Kimberly Ave., Buffalo, New York 14220
Kate M. Galley, 164 Tuscarora Road, Buffalo, N.Y. 14220
NO.81 Donna A. Hall, 131 Crystal Ave., Buffalo, New York 14220
LEAVESOFABSENCEWITHOUTPAY Marie L. Schrechenberger, 103 Fairfield, Buffalo, N.Y. 14214
I transmit herewith notifications received by me, reporting the Julie A. Ledwin, 180 Geary Street, Buffalo, New York 1421 0
granting of the leaves of absence Mark R. Costantino, 268 Sterling - Upp, Buffalo, N.Y. 14216
without pay, in the various departments as listed: Sean D. Waller, 25 Wright, Buffalo, New York 14215
Comptroller-Jo Marie Barone, Michael Murphy, Joanne Milioto Eddie A. Lopez, 119 Sweet Ave., Buffalo, New York 14212
Aaron V. Young, 471 Shirley Ave., Buffalo, New York 14215 program in October 1995 which speak to Ms. Alfano’s
Tabitha R. Pitts,114 Phyllis Ave., Buffalo, New York 14215 concerns. These include:
Patrina A. Montgomery, 1995 Delaware Apt.G-3, Bflo, N. The HUD- required lease addendum now includes a provision
Y.14216 which states that "criminal activity by a family member, guest,
or another person under the tenant's control that threatens the
NO.86 health, safety, or right to peaceful enjoyment of the premises by
INFOFORCOLLECTIONOFGARBAGE,ETC. other tenants or persons residing in the immediate vicinity of
Attached please find an item regarding Info for the Collection the premises is grounds for termination of tenancy." Property
of Garbage, Bulk Trash, etc. in the City of Buffalo, which was owners experiencing these types of problems with a tenant -
filed in the City Clerks Office. whether the tenant is assisted under the Section 8 program or
REFERRED TO THE COMMITTEE ON BUDGET not, should seek legal advice about the eviction process.
After an initial one-year term, the lease may provide for
NON-OFFICIALCOMMUNICATIONS,PETITIONSANDautomatic renewal for successive definitive terms (e.g. month-
REMONSTRANCESNONOFFICIALCOMMUNICATIONS to-month, year-to-year) or automatic indefinite extensions.
NO.87 Before this change, all Section 8 leases were for an indefinite
ASHLANDAVENUEBLOCKCLUB period and could only be terminated through eviction
CONCERNSGRANTINGVARIANCESELMWOODAVE. proceedings. This means that leases under the Section 8
Members of the Ashland Avenue Block Club are greatly program may be structured the same as those for tenants not
troubled by unsystematic granting of variance to the building assisted under the program-
code for new construction on Elmwood Avenue from Virginia to Under previous Section 8 regulations the owner was
Forest. We believe that the code that now stands is necessary responsible for correcting all Housing Quality Standards (HQS)
to protect the distinctive character of the area, a character that violations, even those that were obviously caused by the tenant.
is now threatened because there is no clear agency that has Under the new rules the family is held responsible for any
been given oversight over this protection. Too often the parties HQS violations they clearly caused, e.g. failure to
who want to build or remodel do not have any clear case that supply/maintain tenant-supplied utilities resulting in a shut-off.
they are being denied the use of their property or a reasonable The case Ms. Alfano cited on Virginia Street sounds as though
return. They merely argue they could make more money if they it might fall under these rules.
were larger, and variances are granted as a matter of course If proven, "serious or repeated lease violations" or tenant
unless there is public outcry. But such outcries require a large damage to the rental unit are now valid reasons for the housing
expense of public time and effort, and enough cases can agency to terminate the tenant's rental assistance. Termination
gradually wear down resistance. of rental assistance results in automatic termination of the
What we desperately need for Elmwood Avenue is an lease.
agency dedicated to protect the character of the street with the The above-changes in the Section 8 program were made
power to oversee all building on the street to make sure that expressly to address the issues raised by Ms. Alfano and to
this plan is brought into being and preserved. Elmwood make leasing under the Section 8 program the same as leasing
Avenue would receive from the agency a special zoning status without it. We also know that some landlords participating in
which could not be suspended except for truly special cases. the Section 8 program continue to need clarification on these
The agency would be empowered to solicit actively businesses issues.
that it considered needed by the area on vacant or unoccupied I told Ms. Alfano that if we can be of any assistance to her or
sites. As a result the people in the neighborhood would be able her Block Club in these matters to feel free to contact us
to enjoy a wide variety of services offered in buildings with directly. We are currently assisting one tenant on Putnam
distinctive aesthetic appeal that would finally allow Elmwood to Street and will contact the owner directly regarding these
fulfill its possibilities both as a urban shopping center and issues.
community gathering spot, a street offering attractions not We hope that our comments are helpful to you.
found elsewhere in our city or in the suburbs. REFERRED TO THE COMMITTEE ON COMMUNITY
REFERRED TO THE COMMITTEE ON LEGISLATION DEVELOPMENT
NO.88 NO.89
BELMONTSHELTERCORP. BYRONW.BROWN
CONCERNS-SECTION8HOUSINGPROGRAM COMPLAINT-EMPIREIIPAWNBROKERS
YOURREFERENCE#75,C.C.P.(OCTOBER14,1997) This office has received numerous complaints regarding
I am writing in response to your letter of January 12, 1998 in Empire 11 Pawnbrokers. These include allegations of physical
which you referred correspondence from the Putnam Street attacks, threats of violence, and racial discrimination.
Block Club to us for comments. You asked that I file our Attached we are filing the most recent complaint that has been
comments and/or recommendations with the Common Council received in writing from Mr. Elbert Davis, Jr. of 320 French
by 2:00 PM, Thursday, January 29, 1998. It is my Street, Lower, Buffalo, New York 1421 1.
understanding from a call to you that this is accomplished by Copies of this complaint should be sent certified to
sending a copy of this letter to the City Clerk. The Better Business Bureau, R. Gil Kerlikowske, Buffalo Police
The concerns expressed by Ms. Alfano are ones that we hear Commissioner, Inspector James Degenhart, Buffalo Police,
quite often, and we appreciate the opportunity to dispel any Buffalo Human Relations Commission, I am hopeful that this
misconceptions about the Section 8 Program. We have found matter will be promptly investigated and resolved.
that in many cases the problems she described are common to REFERRED TO THE SPECIAL COMMITTEE ON POLICE
absentee ownership, but not related to or caused by the REORGANIZATION/OVERSIGHT, COMMISSION
Section 8 Program. I was able to speak to Ms. Alfano, and told OF POLICE, CORPORATION COUNSEL AND
her that I would send her a copy of my response to you, and COMMISSIONER OF COMMUNITY DEVELOPMENT.
that we could be available to meet with her if that would be
helpful to her. NO.90
We offer the following comments on the policies Ms. Alfano ERIECOUNTYLEGISLATURE
wanted considered. CONVENTIONCENTERDESIGN-FRANKLLOYDWRIGHT
We fully agree that effective screening of tenants is extremely Thank you for your January 21, 1998 communication
important, and that landlords should be encouraged to have an concerning Councilmember David A. Franczyk's resolution
effective screening process. There are training tools available supporting a new convention center design in the tradition of
to landlords who wish to learn more about screening, and we architect Frank Lloyd Wright's Larkin Administration building.
provide all landlords with a copy of "A Practical Guide for As you may know, County Executive Gorski's 1998 tentative
Landlords Choosing Good Tenants" (from Housing budget recommended $500,000 for new convention center
Opportunities Made Equal, Inc.) which we believe is an planning. The County Legislature approved the
excellent tool to educate landlords to screen without violating aforementioned appropriation and will be working closely with
any fair housing laws. In addition, there are a number of the county administration on this exciting new project.
companies which provide tenant screening on a fee basis. The County Legislature appreciates Councilmember
The federal guidelines for Section 8 program administration Franczyk's willingness to share his thoughts concerning a new
prohibit the program administrative agency from screening. convention center design, as well as his proposal to work
However, since October 1995 the administrative agency is concurrently with the I 001h anniversary of the Pan American
required to provide owners with certain information to assist in Exposition.
their efforts to screen prospective tenants, such as current As the planning process for a new convention center evolves,
address and, if known, the name and address of the family's please be assured that Councilmember Franczyk's design
current and previous landlord. proposal and construction schedule will receive every
There were a number of other changes in the section 8 consideration.
Should you have any questions or need additional information, government" law.
please feel free to contact me directly @ 877-3986. 2. Large amounts of cash in the Civil Service Office. I was
RECEIVED AND FILED surprised to see a $100 bill plus a large pile of
$20s; I thought that no departments handled cash after the
NO.91 1200,000 in a suitcase" incident.
HOUSINGWATCH 3.What authority, if any, does the Residency Officer have?
RICHARDKERN Who will develop a protocol within which he has reasonable
ONEFULLYEAROFNON-ENFORCEMENTOFauthority now that he virtually can do nothing ... at $150 a day.
RESIDENCYLAW 4. Why is an eliminated Parks / Human Service position being
As the only Councilperson consistently speaking out about re-created for Don Allen?
residency, I commend the energy and integrity you have 5. How were the 6 recent transfers, with raises, to BEDC
brought to this shameful issue in city government. as new Civil funded?
Service Committee Chair. Two other councilpersons 6. How can "personal service contracts" be made public. Fired
committed to addressing the issue, but reversed themselves Housing Commissioner Marconi is back
before the election. on the city payroll. Is Herbert Bellamy still paid $25, 000 as
The Residency Officer was hired 1 year ago (1/27/97) and has "eastside driver"? etc.
been paid over $35,000 salary plus benefits to date. Lacking 7.Pattern of deposed officials being re-hired by the
any protocol on which to proceed, he virtually ceased all administration. There is outrage in Lovejoy that David Czajka,
investigations months ago, after city unions challenged the is allegedly being considered for Dep. Comm. of Streets. As
firings of 2 low level employees on grounds of "selective Civil Service Chair he winked at nonresidency of appointees; is
enforcement". He has the authority to investigate residency of this his reward?
blatantly non-resident Masiello appointees. 8.Some alternative to living in the city for "hardship cases"
Enticement of $1404150 million of city payroll going to should be explored along lines you have already suggested
suburban residents was a major plank of the Mayor's platform 4 (equivalent of property taxes,on a comparable city house to
years ago, a promise that was totally broken. The opposite has worker's home in suburbs, etc.) I had early on urged the Mayor
occurred. I was aggressively prosecuted 3 times ( in the or Treasurer to make such a proposal, but she did not respond,
powerful appearance of a conspiracy by Rev. Bennett Smith, instead filing false charges against me.
Treasurer Marilyn Smith, the Mayor, County DA, and Chief City 9.Equally important, there must be better public information
Court Judge). about the workings of the council. Committee meetings are
The Treasurer moved to 292 Red Oak Drive Williamsville with poorly publicized and public hearings are held at inconvenient
her husband Rev. Bennett Smith in 1986. She pretended to times or cancelled at whim.
live at 770 W. Ferry from 7/l/94 (the 6 month deadline to move In contrast, in Portland Oregon all neighborhood leaders are
into Buffalo) until she broke her lease in early 1995 after routinely notified of the schedules of governmental meetings.
ALT
As you know, residency for city workers was a major concern at
exposed her charade. She had no pretence of city
Press
the 1995 and 1996 summits'. It is troubling that most of the
residency for 6 months, Then she leased a small 1BR apt. at
council has winked at the residency charade. Although
Fairfax House (715 Delaware) on 10/1/95. Never living there,
residency for city workers won't save the city, it could help
they filed a $2.5 million lawsuit against Fairfax for an accident
stimulate a dying economy. It is ironic that Rev. Smith was
in Feb. 1997, and did not renew their lease, ending their
credited last summer with bringing $5-$7 million into the city
pretense of living there 9/30/97. Their charade, combined with
economy last summer with his Baptist Convention. In contrast
the purchase of a $130,000 house in Clarence by Thomas
he and the Treasurer have likely thwarted the enticement of $ 1
Williams, as he was appointed to patronage-rich BMHA as
Os of millions of city payroll back in the city economy year after
Asst. Exec. Dir., and the continued residency in Hamburg
year, And economists tell us every dollar spent locally rolls over
until last fall of top Mayoral aide Steve Banko, turned residency
about 4 to 5 times . . . $10 million brought back becomes $40-
non-enforcement into virtual organized crime in the Mayor's
$50 million of economic stimulus. And, of course the question
Office.
should be raised, why the alleged most powerful black minister
I held off on my threatened "citizen's arrest" of the Treasurer,
in town ... refuses to Eve in town ... while illegally and
who with her husband repeatedly perjured themselves
unethically corrupting city government. Being a "popular"
repeatedly (in addition to the Treasurer's attempt to play the
Mayor, this administration has dangerously increased Buffalo's
race card", claiming I called her a "black bitch") during trial on
pattern of "government by men, not laws". His appointees,
their third "harassment" and "trespass" charge before 6 city
dramatically proved in the case of the Treasurer, are ABOVE
court judges for exposing their non-residency, having been
the law. No surprise that the police think they are above the
assured that "something" would happen to resolve the matter.
law, as demonstrated in retaliation against Mrs. Goodwin for
Instead things got more incredible, as retired George Arthur,
testimony at the Jan. 27 Police hearing.
not the Residency Officer, "proved" in a closed meeting of the
We will publicize who on the Council votes how on residency
Civil Service Commission (I have tried to attend Civil Service
issues. Thank you for your attention to and leadership on these
meetings 22 times, each meeting was "closed").
important issues.
Incredibly the Treasurer now allegedly lives at a "secret" city '
RECEIVED AND FILED
address. The BMHA Asst. Exec. also secretly "proved" he
lives with his mother-in-law on devastated West Ave. and not
NO.92
with his wife and children in Clarence. Having pretended to live
HAMLINPARKCOMMUNITY&
in S. Buffalo, has Banko now officially changed his address to
TAXPAYER'SASSOCIATION,INC.
Oakland?
LEGISLATIONITEMCCP#66,NOV.12,1997
The unions should have no trouble proving "selective
The attached additional information pertains to 1715
enforcement" in the city's apparent appeal of the reversal of the
Jefferson Avenue - NonCompliance.
2 firings. There is a "residency hotline" but reported non-
RECEIVED AND FILED
residency of appointees gets no investigation. And in that
vacuum, if anybody exposes non-residency of appointees, the
NO.93
full weight of city government may be used against them.
JESSEKETCHUMMEMORIALFUND
I commend you on demanding that all new (re)appointees prove
1997FINANCIALREPORT
their residency. Without a threshold to prove that enforcement
Enclosed is the financial report for 1997 of the Jesse
is finally even handed, there will be court challenges of all
Ketchum Memorial Fund. This is to be filed along with our
firings. Indeed, as long as the Treasurer remains in her
minutes that were handed in sometime in mid November.
position, proving that Masiello appointees are far above the law,
These annual reports are required by our Deed of Trust with
residency enforcement seems virtually impossible. Many city
the City of Buffalo.
employees approached me last week, urging me to investigate
RECEIVED AND FILED
whether she still had vacation days as she was again
vacationing in the Caribbean; their special curiosity being
NO.94
whether she would be back for the Mayor’s Ball (she was).
RESIGNATION-DIRECTOR-STADIUM/AUDITORIUM
It is a morale problem for legally resident career employees, as
BOARD
unions use dues and legal resources to protect non-residents.
Please be advised that I am resigning, because of personal
Breakdowns in the integrity of civil service as patronage is
reasons, as director of the Stadium and Auditorium Board
spinning out of control must be addressed if there is to be any
effective January 13, 1998.
confidence in city government. Re-assessment plus the
I have greatly appreciated the opportunity to serve on the
already projected $16 million shortfall mean likely lay-offs as
Board. Please accept my regrets.
the Mayor is creating ever more dubious patronage jobs.
RECEIVED AND FILED
Please address the following issues:
1. Closed civil service meetings in blatant violation of "open
NO.95 intention of answering the questionnaire sensing by the nature
MARINEMIDLANDARENA of the questions that it was an obvious attempt to hurt us.
AUDITEDFINANCIAL In a depressed city and a real estate market in near collapse we
STATEMENTS began to wonder if the bulk of Mr. Franczyk's responses might
In accordance with Article XVII- Financial Statements, be negative. We also wondered that if any questionnaire,
Information and Audit Reports, section 17.01 (a) of the slanted as his one was, directed to any inner city or urban
Operating Agreement dated May 10, 1995 between Crossroads Realty company's customers would also not elicit some
Arena, LLC (CALLC), City of Buffalo, County of Erie, New York negatives. For that matter we wondered if any business
State Urban Development Corporation, Buffalo Urban Renewal customers surveyed as Mr. Franczyk has surveyed ours would
Agency and Erie County Industrial Development Agency, not only damage that company's reputation but whether such a
enclosed please find audited financial statements of CALLC for survey is scientific or valid.
the year ended August 31, 1997. Suppose we sent a questionnaire, with loaded questions, to all
Should you have any questions, please call me at (716) 855-Mr. Franczyk's constituents in the devastated Fillmore District
4570. asking about his performance or even suggesting a recall, I
REFERRED TO THE TASK FORCE ON wonder how many negative responses we would receive?
STADIUM/AUDITORIUM REFERRED TO THE COMMITTEE ON FINANCE
NO.96 NO.100
STATEOFNEWYORK R.QUINTANA
DEPARTMENTOFTRANSPORTATION CONCERNS-WESTSIDENEIGHBORHOODHOUSING
D257305-CPIN5804.58.301 SERVICES
(METRIC))REHAB.OFSIXBRIDGESONI-190AND I am extremely concerned about the current situation
1-290INTHECITYOFBUFFALOANDTOWNOFat West Side Neighborhood Housing Services. I am distressed
TONAWANDAERIECOUNTY by the organization's general lack of efficiency, and I have listed
The completed work on this contract was accepted by this several problems which I find particularly alarming.
department on December 8, 1997. First, projects are not being completed in a timely
The state will resume maintenance of the highway. All fashion, if they are completed at all, The Shields Street project
intersecting public roads, highways or streets not on the state is a prime example; it has not been completed, and it is a
highway system shall be maintained by the agency or local unit disaster. Second, I have received numerous complaints
of government having jurisdiction beyond the outside edge of regarding the manner in which this organization is operated.
shoulder, curb line, or back of ditch of the state highway across ranging from problems with loans to problems with an
the intersection. ineffective construction analyst. Third, West Side
All existing sanitary sewers and other sewers not deemed to be Neighborhood Housing Services is the current owner of derelict
a part of the project by the commissioner, all watermains, properties; it is of great concern to me that an agency entrusted
hydrants and other municipally or privately owned facilities with delivering housing services allows its own properties to
within the limits of the highway R.O.W. which remain in service remain filled with blatant housing violations.
unchanged, and all such facilities relocated or protected as part The Board of Directors of West Side Neighborhood
of the work performed under this contract, whether crossing, Housing Services fired two Executive Directors and hired new
located within or adjacent to the R.O.W. shall be maintained by leadership in an effort to address these ongoing problems.
the municipality or agency owning or having control and Although I applaud this effort to ameliorate the situation, the
jurisdiction thereof at no cost or expense to the state. hiring of a new Executive Director does not satisfy all of the
RECEIVED AND FILED internal and external problems surrounding this agency. The
West Side community continues to suffer from the lack of
NO.97 proper administration of housing services by this agency.
STATEOFNEWYORK I also question whether the City and federal funds entrusted to
OFFICEOFTHEATTORNEYGENERAL West Side Neighborhood Housing Services are being
Common Council Request That The Attorney General administered property. I am concerned about whether the
Investigate Alleged FHA/HUD Fraud Neighborhood Housing Services agencies are the most
Your letter to the Attorney General dated December 11, 1997, effective means of delivering crucial housing services to the
and the Common Council resolution you enclosed, have been citizens of the City of Buffalo-, perhaps it is time that we
referred to me. examine alternative methods of delivering housing services.
Because the issues raised in the Common Council resolution Please supply me with the following information:
involve a federally-run program and federal funds, it is more 1. A listing of all of the properties owned by West Side
appropriately reviewed by the United States Attorney's Office Neighborhood Housing Services
and HUD, the federal agency involved. I notice that the 2. A status report on each of the properties owned by
resolution did refer this matter to them for investigation. West Side Neighborhood Housing Services
If you find after review that there are state funds involved, 3. The comprehensive plan for the completion of the
please forward us the appropriate information and we will Shields Street project
review it at that time. 4. Detailed proposals about managing the housing
REFERRED TO THE COMMITTEE ON FINANCE violations in each of the derelict properties owned by West Side
Neighborhood Housing Services
NO.98 5. A list of West Side Neighborhood
F.PARLATOJR. Housing Services' members, officers, terms of office,
ADDITIONALDATA-PARLATOREALESTATE membership requirements, a copy of the DHCR (Division of
You will be asked by Council member, David Franczyk, to Housing and Community Renewal) work plan, and a statement
vote for a resolution that effectually condemns me and the of compliance with the DHCR board membership requirements
corporations I have been employed with. 6. From the Department of Community
I have read the resolution and found it fraught with error. Development -- monthly status reports of all activities of West
Before making a decision on this issue, I ask you to carefully Side Neighborhood Housing Services from January, 1997
review the following rebuttal and supporting data- through January, 1998
Readers note: At the beginning of each chapter we have Finally, I formally request that all funding for West
quoted directly from Mr. Franczyk's resolution and or his Side Neighborhood Housing Services be frozen until a
'investigative" report so that the reader may be able to read Mr. complete audit and report are completed by the Division of
Franczyk's allegations in his own words. Above Mr. Franczyk's Neighborhoods of the City of Buffalo's Department of
quotes we have headed each with either "RESOLUTION" or Community Development in cooperation with DHCR. If you
"REPORT" as the case may be followed by our reply, under the have any questions or require additional information about this
heading RESPONSE. very serious situation, please call me at 8515125. Thank you
REFERRED TO THE COMMITTEE ON FINANCE for your attention.
REFERRED TO THE COMMITTEE ON COMMUNITY
NO.99 DEVELOPMENT, COMMISSIONER OF COMMUNITY
F.PARLATOJR- DEVELOPMENT AND BUFFALO URBAN RENEWAL
CLIENTQUESTIONNAIRE AGENCY.
Mr. Franczyk, presumably at city expense, sent a letter and a
questionnaire to many of our former clients searching for NO.101
negative information. When we found out about it, time RENTALASSISTANCECORP.
permitting, we collected a number of these. We discovered as "CONCERNS,SECTION8HOUSINGPROGRAM"
we spoke with many of our satisfied clients that they had no (#75,C.C.P.OCTOBER4,1997)
Please do not hesitate to contact us if further information is
required. NO.106
REFERRED TO THE COMMITTEE ON COMMUNITY BUFFALOMETROPOLITANFEDERALCREDITUNION
DEVELOPMENT. DIRECTDEPOSITOFCITYPAYCHECKS
On January 29, 1998, 1 received a copy of resolution #215
NO.102 regarding the direct deposit of City pay checks and your
SOUTHTOWNSPESTCONTROL request for a response.
GELINMACSTORAGE-USE20BUFFALORIVER The Buffalo Metropolitan Federal Credit Union has the
(CCPNO.172,9/17/96) capability of receiving electronic direct deposit. We are a
In regards to GELINMAC 60 Childs St. Buffalo, N.Y Buffalo receiving depository financial institution (RDFI), which means
14203. that we can receive any deposit electronically.
South Towns Pest Control has been servicing GELINMAC Unfortunately, I cannot originate and send to other institutions.
quality feeds since June 1997. The rodent control program This procedure has to be handled by a commercial bank or an
provides interior and exterior baiting,inspection and originating depository financial institution (ODFI).
recommends. In addition an inspection is also provided. As I have stated, the Credit Union has the capability to receive
Sample enclosed. electronic direct deposit and electronic debit transactions.
The inspection report will be sent to your office at the end of We want to make the direct deposit of City pay checks to the
every month. Credit Union a service available to all City of Buffalo
Should have any questions or require additional information employees. It would be advantageous for City Hall employees
lease contact this office. to choose direct deposit at the Credit Union. I look forward to
RECEIVED AND FILED. working with the data processing office to accomplish this task.
If you need any further information, please contact me at 847-
NO.103 6960 ext. 233.
WESTWOODSQUIBB REFERRED TO THE COMMITTEE ON FINANCE.
CLOSEPORTION-WESTAVENUE
Westwood-Squibb is asking the City of NO.107
Buffalo to close a short section of West Avenue to motorized Ship Canal, owner, petition to use 9 City Ship Canal. for a
traffic. As you know, we have had a long-standing problem billboard sign.
with garbage being dumped treat our property on the section of REFERRED TO THE COMMITTEE ON LEGISLATION, THE
West Avenue that runs under the Scajaquada- Expressway. CITY PLANNING BOARD AND THE COMMISSIONER OF
The, Sanitation Department has removed mountains of tires COMMUNITY DEVELOPMENT
and garbage bags as well as stoves, refrigerators and
mattresses. This garbage makes controlling the rodent NO.108
population difficult and, at the minimum, is extremely unsightly. GMW, Inc. owner, petition to use 363 Dingens for a billboard
We are not alone in our concern. Tim sign.
Brodcne, president of Fedco, shares our interest in making REFERRED TO THE COMMITTEE ON LEGISLATION, THE
this section of West Avenue non-accessible to motorized CITY PLANNING BOARD AND THE COMMISSIONER OF
traffic, You will also be getting a letter from him. COMMUNITY DEVELOPMENT
Because of its relevance to the
Scajaquada Bike Path, we've also discussed this request with NO.109
Alan DeLisle: and Barbara Kavanaugh. Since the plans include Raymond Coczynski owner, Petition to use 205 Oneida for a
this section of West Avenue, we believe this is an excellent drop in center.
time to solve the problem. Restricting traffic will not only REFERRED TO THE COMMITTEE ON LEGISLATION, THE
reduce the dumping problem but will also ensure a safer route CITY PLANNING BOARD AND THE COMMISSIONER OF
for people using the bike path. COMMUNITY DEVELOPMENT.
We would greatly appreciate the
opportunity to participate in planning where access barriers are NO.110
placed so that our surveillance equipment and security system A.M.Masiello. owner, petition to use 1563-1569 Hertel for a sit-
can provide maximum support to prevent further dumping. Site in restaurant.
security reports to Jim Walter, senior director of operations, REFERRED TO THE COMMITTEE ON LEGISLATION, THE
who can be reached at 887-3400, CITY PLANNING BOARD AND THE COMMISSIONER OF
Thank you for taking our request to the COMMUNITY DEVELOPMENT
appropriate city officials, We are most eager to eliminate this
aggravation, NO.111
RECEIVED AND FILED. Western New York, owner, Ronald McDonald House,
petitioner, petition to use 780 West Ferry for a pole sign
NO.104 REFERRED TO THE COMMITTEE ON LEGISLATION, THE
VILLAGEOFWILLIAMSVILLE CITY PLANNING BOARD AND THE COMMISSIONER OF
SUPPORTBUFFALOINTERVENTION-PUBLICSERVICE' COMMUNITY DEVELOPMENT
COMMISSION
Enclosed is a resolution adopted by the Village Board on NO.112
January 12th. C. Stephen, owner petition to use 3172 Bailey for a take-out
Please send this on to the interested Council members and the restaurant.
Advisory Committee on Municipal Electric Utility Service and REFERRED TO THE COMMITTEE ON LEGISLATION, THE
Energy. CITY PLANNING BOARD AND THE COMMISSIONER OF
REFERRED TO THE COMMITTEE ON LEGISLATION. COMMUNITY DEVELOPMENT.
PETITIONS NO.113
R. Benderson, owner, petition to use 2697 Main St. for a
NO.105 human service facility.
BUFFALOPROFESSIONALFIREFIGHTERSREFERRED TO THE COMMITTEE ON LEGISLATION, THE
ASSOCIATIONINC. CITY PLANNING BOARD AND THE COMMISSIONER OF
EMSDEFIBRILLATORSPROGRAM COMMUNITY DEVELOPMENT.
With the cooperation of you and your staff,
Commissioner of Fire Cornelius Keane and the Buffalo NO.114
Professional Firefighters, Local 282, I am happy to report that B. Marshall & 0 - Support Steps of Life Org. Recovery
the Fire Department EMS Defibrillators Program is moving Program-109 Gibson St.
forward. REFERRED TO THE COMMITTEE ON LEGISLATION
In discussion with Dr, Anthony Billittier IV, it is agreed
that as the program grows, it will have a positive impact on the REGULARCOMMITTEES
citizens of Buffalo.
Unfortunately, I have some contractual drawbacks with CIVILSERVICE
regard to the EMS Officers positions being filled on a (BEVERLYA.GRAY,CHAIRPERSON)
temporary basis T would request that Local 282 and members
of your Administration meet at their earliest convenience for NO.115
the, purpose of entering into a permanent agreement. DISCRIMINATION(FIRE).
REFERRED TO THE COMMITTEE ON BUDGET (ITEM#31CCPDECEMBER23,1997)
That the above mentioned item be and the same is hereby received and filed.
received and filed. ADOPTED
ADOPTED
NO.125
NO.116 PBAARBITRATIONAWARD
NOTICEOFAPPT.-TEMP/PROV/PERM.(CC) (ITEM#96CCPJANUARY20,1998)
(ITEM#66CCPDECEMBER23,1997) That the above mentioned item be and the same is hereby
That the above mentioned item be and the same is hereby received and filed.
received and filed. ADOPTED
ADOPTED
NO.126
NO.117 SALARYORDINANCEAMENDMENT
APPOINTMENT 20-1DEPARTMENTOFPOLICE
SUPERVISINGASSESSOR (ITEMNO.233,C.C.P.,JAN.20,1998)
That Communication 12 January 06, 1998 be received and That the above item be, and the same hereby is
filed and the Permanent appointment of Anthony Krayna stated returned to the Common Council without recommendation.
above at the Intermediate salary $45,360.00 effective on Mrs. Gray moved:
December 22, 1997 is hereby approved. That the Salary Ordinance Amendment as contained
PASSED in Item No. 233, C.C.P., January 20, 1998, be and the same
AYES-13. NOES-0. hereby is approved.
PASSED.
NO.118 AYES-13. NOES-0.
APPOINTMENT
SENIORASSESSOR NO.127
That Communication 13 January 6, 1998 be received and filed SALARYORDINANCEAMENDMENT
and the Temporary appointment of Phillip Kozerski stated SECTION35-9OFCHAPTER35
above at the Maximum salary $44,598.00 effective on SALARYANDWAGESCHEDULE"C"
December 22, 1997 is hereby approved. (ITEMNO.234,C.C.P.,JAN.20,1998)
PASSED That the above item be, and the same hereby is
AYES-13. NOES-0. returned to the Common Council without recommendation.
Mrs. Gray moved:
NO.119 That the Salary Ordinance Amendment as contained
NOTICEOFAPPT.-TEMP/PROV/PERM.(CCLK). in Item No. 234, C.C.P., January 20, 1998, be and the same
(ITEM440CCPJANUARY6,1998) hereby is approved.
That the above mentioned item be and the same is hereby PASSED.
received and filed. AYES-13. NOES-0.
ADOPTED
NO.128
NO.120 APPOINTMENT
SALARYORDINANCEAMENDMENT That Communication 21, January 05, 1998 be received and
98-DEPARTMENTOFPUBLICWORKS filed and the Permanent appointment of Frances R. Cahill
0-DIVISIONOFWATER stated above at the Maximum salary $39,004.00 effective on
015-DISTRIBUTIONSYSTEM January 5, 1998 is hereby approved.
(ITEMNO.150,C.C.P.,DEC.23,1997) PASSED.
(ITEMNO.73,C.C.P.,JAN.6,1998) AYES-13. NOES-0.
That the Salary Ordinance Amendment as contained in Item
No. 150, C.C.P., December 23, 1997, be and the same hereby NO.129
is approved. APPOINTMENT
PASSED. LICENSEINSPECTOR
AYES-13. NOES-0. That Communication 75 December 29, 1997 be received and
filed and the Permanent appointment of James Kaney stated
NO.121 above at the Intermediate salary $31,932.00 effective on
APPOINTMENT December 29, 1997 is hereby approved.
TELEPHONEOPERATOR PASSED
That Communication 03 January 06, 1998 be received and AYES-13. NOES-0.
filed and the Provisional appointment of Lanette D. Boulware
stated above at the Minimum salary $23,396.00 effective on NO.130
January 2, 1998 is hereby approved. APPOINTMENT
Mrs. Gray moved: ORDINANCECOMPLIANCEOFFICER
That the above item be and hereby is received and filed. That Communication 81, January 20, 1998 be received and
ADOPTED. filed and the Permanent appointment of Robert J. Sienkiewicz
stated above at the Maximum salary $26,566.00 effective on
NO.122 January 08, 1998 is hereby approved.
DENYSALARYINCR.FORCERTAINEXEMPTPASSED
EMPLOYEES(MAYOR). AYES-13. NOES-0.
(ITEM#05CCPJANUARY20,1998)
That the above mentioned item be and the same is hereby NO.131
received and filed. NOTICESOFAPPT.-TEMP/PROV/PERM(CCLK)
ADOPTED (ITEM#94CCPJANUARY20,1998)
That the above mentioned item be and the same is hereby
NO.123 received and filed.
DENYSALARYINCREASEFORCERTAINEXEMPTADOPTED
EMPLOYEES
(ITEMNO.229,C.C.P.,JAN.20,1998) FINANCE
That the base salaries of exempt personnel in the (DAVIDA.FRANCZYK,CHAIRMAN)
Department of Police, except for the Secretary to the Police
commissioner, be increased by zero percent on July 1, 1996 NO.132
and by 3 percent on July 1, 1997, as requested by the Mayor. UTILITYEASEMENT-NIAGARAMOHAWKPOWER
Mrs. Gray moved that the above item be recommitted to the CORP.769,781,783&785BESTSTREET(ITEMNO.4,
Committee on Civil Service. C.C.P.,SEPT.30,1997)
ADOPTED. That the Comptroller be, and he hereby is authorized
to enter into a permanent easement agreement with Niagara
NO.124 Mohawk Power Corp. for a five foot wide piece of property in
PBAINTERESTARBITRATIONAWARD the rear of 769-785 Best Street. That the Corporation Counsel
1996-97&1997-98(A&F) be authorized to prepare the necessary documents for the
(ITEM#77CCPJANUARY20,1998) easement and that the Mayor be authorized to execute the
That the above mentioned item be and the same is hereby same.
PASSED. Funds for this project are available in CPF 100-201-085-00-
AYES-13. NOES-0. 910 Department of Police.
PASSED.
NO.133 AYES-13. NOES-0.
DEDICATINGWHITLOCKSTREETFORPARKLAND
(ITEMNO.165,C.C.P.,SEPT.30,1997) NO.143
That the Comptroller be and he hereby is authorized CHANGEINCONTRACT-BUFFALOPOLICE
to abandon a portion of Whitlock Street covering approximately HEADQUARTERS(ELECTRICAL)
202 feet to 247 feet south of Race Street and 155 feet west (ITEMNO.35,C.C.P.,JAN.20,1998)
from Page Street and to dedicate it as parkland. That the Commissioner of Public Works be, and he
PASSED. hereby is authorized to issue change order No. 3, to Grand
AYES-13. NOES-0. Island Electric, Inc., an increase in the amount of $1,414.88, as
more fully described in the above communication, for work
NO.134 relating to Buffalo Police Headquarters, 1st and 4th Floors,
ABANDONMENTPORTIONOFWHITLOCKSTREET(PW) Electrical Contract, C 91903 1 00. Funds for this project are
(ITEMNO.44,C.C.P.,JAN.20,1998) available in CPF 100-201-085-00-910 - Department of Police.
That this Common Council close and abandon and PASSED.
make available to the City of Buffalo/Board of Education the AYES-13. NOES-0.
above described portion of Whitlock Street fight-of-way as part
of the site for the Northwest Academy. NO.144
PASSED. CHANGEINCONTRACT-COLONELWARDPUMP
AYES-13. NOES-0. STATION
(ITEM#36CCPJANUARY20,1998)
NO.135 That the Commissioner of Public Works be and he hereby is
M.ORTOLANIDEMO138SPRUCEST. authorized to issue change order No. 2, to Wilsandra
(ITEM#61CCPNOVEMBER25,1997) Construction Company, Inc., an increase in the amount of
That the above mentioned item be and the same is hereby $1,563.10, as more fully described in the above
received and filed. communication, for work relating to Colonel Ward Pump
ADOPTED Station - Wall Rehabilitation Project #40G, City Contract No.
91928000. Funds for this project are available in the Division
NO.136 of Water's 416-983-502-00-000 Capital Projects Account.
M.ORTOLANIDEMO138SPRUCEST.(CD) PASSED.
(ITEM#66CCPJANUARY20,1998) AYES-13. NOES-0.
That the above mentioned item be and the same is hereby
received and filed. NO.145
ADOPTED CHANGEINCONTRACT-MARINEMIDLANDARENA
(ITEMNO.37,C.C.P.,JAN.20,1998)
NO.137 That the Commissioner of Public Works be, and he
KAUFMANBAKERY-STATUS-APPLN.NYSPOWERAUTH.hereby is authorized to issue change order No. 1, to Leone
-POWERJOBS) Construction, Inc., at no cost, as more fully described in the
(ITEM#50CCPJANUARY06,1998) above communication, for work relating to Marine Midland
That the above mentioned item be and the same is hereby Arena - Phase I-B: Group No. 364, Contract No. 91906600.
received and filed. Funds for this project should be credited to the proper account
ADOPTED in the Division of Engineering.
PASSED.
NO.138 AYES-13. NOES-0.
STATECOMPTROLLER-$MARTREPORT
(ITEM#57CCPJANUARY06,1998) NO.146
That the above mentioned item be and the same is hereby DAMAGETOTREESBYTCIOFNY,INC.(ITEMNO.53,
received and filed. C.C.P.,JAN.20,1998)
ADOPTED That the Corporation Counsel be, and he hereby is
authorized to settle the claim of damaged trees by TO of New
NO.139 York in the amount of $4,875.00 and authorized the
STATECOMPTROLLER-$MARTREPORT(A&F) Comptroller is authorized to issue a general release in this
(ITEM478CCPJANUARY20,1998) matter; and
That the above mentioned. item be and the same is hereby That the Director of the Treasury be, and she hereby
received and filed. is authorized to deposit such sums into the separate "Buffalo
ADOPTED Urban Forest Fund."
PASSED.
NO.140 AYES-13. NOES-0.
STAREXEMPTION-NYSEXTENDFILINGDATE(ASMT)
(ITEM#26CCPJANUARY20,1998) NO.147
That the above mentioned, item be and the same is hereby TBENVIRONMENTALCONTROLS-PURCHASE/INSTALL
received and filed. DSASCLINICS
ADOPTED (ITEMNO.83,C.C.P.,JAN.20,1998)
That the Common Council be, and they hereby are authorized
NO.141 to accept the TB Environmental Controls: Purchase and
PERMISSIONTOHIRECONSULTANT-YEAR2000Installation at DSAS Counseling Clinics, Contract Number C-
COMPLIANCEBUFFALOCITYCOURT 001128 grant from the New York State Office of Alcoholism
(ITEMNO.32,C.C.P.,JAN.20,1998) and Substance Abuse Services and the Comptroller authorized
That the Commissioner of Public Works be, and he is to set up a Trust & Agency Account.
hereby is authorized to engage an Electrical Engineering PASSED.
Consultant to examine the Buffalo City Court's electronic AYES-13. NOES-0.
building systems to determine if they are Year 2000 Compliant.
Funds for this project will be available in CPF 200-402-014. LEGISLATION
PASSED. (ALFREDT.COPPOLA,CHAIRMAN)
AYES-13. NOES-0.
NO.148
NO.142 RENAMEMICHIGANAVE.-HARRIETTUBMANWAY
CHANGEINCONTRACT-BUFFALOPOLICE(NO.232,C.C.P.JAN.20,1998)
HEADQUARTERS That the above item be and the same is returned to the
(ITEMNO.34,C.C.P.,JAN.20,1998) Common Council without recommendation.
That the Commissioner of Public Works be, and he A public hearing has been set, before the Common
hereby is authorized to issue change order No. 1, to J.M. State Council, at this regularly scheduled meeting, on the above item,
Refrigeration, an increase in the amount of $3,048.00, as more and a Notice of same has been published in the Buffalo News
fully described in the above communication, for work relating to for two consecutive weeks, a copy of which is attached hereto.
Buffalo Police Headquarters, 1st and 4th Floors, C #91905500. On a motion by Mrs. LoTempio , seconded by Ms. Gray,
the item is properly before the Common Council, and the REPORT-OFAUDIT-N.BFLO.ICERINKAGREE.
hearing is opened. (COMPT.)
CARRIED. (ITEM#109CCPSEPTEMBER16,1997)
Appearances - The above mentioned item be and the same is hereby received
In Favor: and filed.
Opposed: ADOPTED
Mrs. LoTempio moved that the hearing be closed. Seconded NO.158
by Mr. Helfer. REPLYTOAUDIT-NO.BFLO.ICERINK(PW)
CARRIED. (ITEM#20CCPSEPTEMBER30,1997)
Mrs. LoTempio now moved that the above item be and That the above mentioned item be and the same is hereby
the same hereby is laid on the table. received and filed.
LAID ON THE TABLE. ADOPTED
NO.149 NO.159
CITYOFBUFFALO-PETITIONTOUSE2969-2971BAILEYAUDIT-NO.BFLO.ICERINK(CC)
AVENUE (ITEM#34CCPDECEMBER23,1997)
(ITEMNO.110,C.C.P.,JAN.20,1998) That the above mentioned item be and the same is hereby
That after the public hearing before the Committee received and filed.
on Legislation on January 27, 1998, the petition of the City of ADOPTED
Buffalo, owner, for permission to use 2969-2971 Bailey Avenue
for a social center be, and hereby is approved with the NO.160
condition that the planned hours of operation will be from 10:00 RECYCLINGBMHAPROPERTY
a.m. to 3:00 p.m. on Tuesday, Thursday, Friday and Saturday. (ITEM#147CCPSEPTEMBER02,1997)
As the operation grows and develops the Restoration Society That the above mentioned item be and the same is hereby
may petition for extended hours. received and filed.
PASSED. ADOPTED
AYES-13. NOES-0.
NO.161
NO.150 RECYCLINGATBMHAPROPERTY(BMHA)
GELINMACSTORAGE-PETITIONTOUSE20BUFFALO(ITEM#85CCPJANUARY20,1998)
RIVER That the above mentioned item be and the same is hereby
(ITEMNO.65,C.C.P.,NOV.25,1997) received and filed.
That after the public hearing before the Committee on ADOPTED
Legislation on January 27, 1998, the petition of the Gelinmac
Storage, owner, for permission to use 20 Buffalo River for the NO.162
manufacture of animal feed be, and hereby is approved with the L.WIZZ&0-REQ.TRAFFICSIGNAL-DOAT&MAY
following conditions: (ITEM#72CCPSQ)SEPTEMBER16,1997)
Mr. Coppola moved that the above item be recommitted to the That the above mentioned item be and the same is hereby
Committee on Legislation. received and filed.
ADOPTED. ADOPTED
NO.151 NO.163
LOCKWOOD-GELINMACSTORAGE-USE20BUFFALOREQ.TRAFFICSIGNAL-DOAT&MAY(PW)
RIVER) (ITEM#41CCPJANUARY20,1998)
(ITEMA69CCPDECEMBER23,1997) That the above mentioned item be and the same is hereby
That the above mentioned item be and the same is hereby received and filed.
received and filed. ADOPTED
ADOPTED
NO.164
NO.152 RETURN2-WAYTRAFFICONBRINKMAN
CITYENERGYCONTRACTS BTW.DOAT&ROHE
(ITEM#223CCPJULY22,1997) (ITEM#143CCPSEPTEMBER30,1997)
That the above mentioned item be and the same is hereby That the above mentioned item be and the same is hereby
received and filed. received and filed.
ADOPTED ADOPTED
NO.153 NO.165
USEOFNO.BFLO.ICERINKBYSABRES RETURN2-WAYTRAFFICONBRINKMANBTW.DOAT&
(ITEM#165CCPAPRIL15,1997) ROHE(PW)
That the above mentioned item be and the same is hereby (ITEM#40CCPJANUARY20,1998)
received and filed. That the above mentioned item be and the same is hereby
ADOPTED received and filed.
ADOPTED
NO.154
USEOFNO.BFLO.ICERINKBYSABRES(A&F) NO.166
(ITEM453CCPAPRIL29,1997) PAY-AS-YOUTHROWPILOTPROGRAM
That the above mentioned item be and the same is hereby (ITEMNO.154,C.C.P.,OCT.14,1997)
received and filed. That the Common Council requests that the
ADOPTED administration begin review of the user fee now in anticipation
of changing to the more equitable pay-as-you-throw program;
NO.155 and
NO.BFLO.COMM.DEV.CORP.- That any pilot program developed for pay-as-you-
USEOFNO.BFLORINKBYSABRES throw include the Delaware District.
(ITEM#82CCPAPRIL29,1997) ADOPTED.
That the above mentioned item be and the same is hereby
received and filed. NO.167
ADOPTED WELLNESSINST.-RESPONSE-WELLNESSFACILITYFOR
CITYEMPLOYEES
(ITEM#59CCPNOVEMBER25,1997)
NO.156 That the above mentioned item be and the same is hereby
NO.BFLO.ICERINKS(HSPR) received and filed.
(ITEM#82CCPAPRIL29,1997) ADOPTED
That the above mentioned item be and the same is hereby
received and filed.
ADOPTED NO.168
WELLNESSFACILITYFORCITYEMPLOYEES(PW)
NO.157 (ITEM#27CCPDECEMBER23,1997)
That the above mentioned item be and the same is hereby total of 481.68 Acres of land to the Economic Development
received and filed. Zone. (See attached Map)
ADOPTED William Gaiter Parkway 30.0
Acres
NO.169 Buffalo China 25.04
REQ.PURCH/LEASEROW-COLVINAVE.(COMPT) Graphic Control 32.77
(ITEM#9CCPNOVEMBER25,1997) South Buffalo 144.54
That the above mentioned item be and the same is hereby Wicker Lumber 5.39
received and filed. Worthington, John Bellanti,
ADOPTED Battenfeld 52.66
Laub Warehouse 4.90
NO.170 700 Michigan 1.5
DESIGNATIONOFNOMINEESFORAPPOINTMENTTO Cobblestone District 22.73
THEBD.OFTRUSTEESLIBRARY Main Street 61.00
(ITEMNO.1,C.C.P.,JAN.20,1998) Hyman-Precision Molding-
That pursuant to Section 6212 of the Unconsolidated Dynamic Saw 2.99
Laws, being Chapter 768, Section 2 of the Laws of 1953, the Habasit Globe, Niagara Food Term. 21.57
nomination of David F. Granville, residing at 9 Cottage Street Your Father's Mustache 1.62
and Thomas Errol Gleed, residing at 204 West Tupper Street Hubbard and Virginia Holding 11.56
as Nominees to the Board of Trustees of the Buffalo and Eire TCI Building and Tri-Main 4.33
County Public Library be, and hereby are approved, subject to Central Park and Kaufman's 23.72
favorable debt status reports from the City of Buffalo. Great Lakes 23.62
ADOPTED. FWS 5.36
B. The City would like to delete a
NO.171 total of 483.43.1 Acres of parks, schools, public buildings, and
NOTIFICATIONSERIAL#8978-79(PW) residential properties from the Economic Development Zones.
(ITEM#29CCPJANUARY20,1998) (Please see attached deletions).
That the above mentioned item be and the same is hereby 2. That, if the boundary revision is approved by the New York
received and filed. State Department of
ADOPTED Economic Development, that Subpart 2 of Section 281, Article
14 of the Charter of the City of Buffalo be hereby amended as
NO.172 follows:
UPDATEINVESTIGATION-417NORTHUMBERLANDAVE. SUB-ZONE 1: Portions of Census Tracts (C.T.) 5.00,
(ITEM#213CCPJANUARY20,1998) 12.00, 13.01, 14.01, 14.02, 16.00, 18.00, 19.00, 20.00, 25.01,
That the above mentioned seem be and the same is hereby 27.02, 28.00, 31.00, 35.00, 68.00,71.01, 71.02, 72.01, 72.02.
received and filed. More fully described as follows:
ADOPTED SUB ZONE 1:
PORTIONS OF CENSUS TRACTS (C.T.)
COMMUNITYDEVELOPMENT 500,12.00,13.01,14.01,14.02, 16.00, 18.00, 19.00, 20.00,
(DALEZUCHLEWSKI,CHAIRMAN) 25.01, 27.02, 28.00, 31.00, 35.00, 68.00, 71.01, 71.02, 72.01,
72.02; more fully described as follows:
NO.173 BEGINNING at the point of intersection of the center
NYSECON.DEV.ZONE-REVISEBOUNDARYline of Lakefront Boulevard with La Riviere Drive and running
DESCRIPTION thence southeasterly and along the center line of Lakefront
(ITEMNO.237,C.C.P.,JAN.20,1998) Boulevard to the northerly line of Erie Street; thence southwest
That the above item be and the same is returned to the and southerly and along the northerly line of Erie Street to the
Common Council without recommendation. center line of Wilkenson Way; thence northwesterly and along
A public hearing has been set, before the Common the center line of Wilkenson Way to the center line of La
Council, at this regularly scheduled meeting, on the above item, Riviere Drive; thence southwesterly along the center line of La
and a Notice of same has been published in the Buffalo News, Riviere Drive to the southeasterly extension of the
a copy of which is attached hereto. southwesterly line of Sub Lot 3 of Map filed in Cover 2432;
On a motion by Mrs. LoTempio, seconded by Mr. Manley, the thence northwesterly and northeasterly along the boundary of
item is properly before the Common Council, and the hearing is Sub Lot 3 to the northerly most comer of Sub Lot 3; thence
opened. northeasterly and along the northwest line of Sub Lot 4, Cover
CARRIED. 2432 to its intersection with the southwest line of Sub Lot 5,
Appearances: Joe Juziana, Graphic Controls Cover 2432; thence northwesterly and along the southwesterly
Dan Barry, BEDC line of Sub Lot 5 to the southeast line of Waterfront Circle;
Alfonse Mack, Coordinator, Ec. Development thence northeast along the southeast line of Waterfront Circle
Alan DeLisle, President, BEDC to the northeasterly most comer of Sub Lot 5; thence
Joe Emerling, Kaufman’s Bakery southeasterly and along the northeast line of Sub Lots 4 and 5
Harry Cardillo and its extension to the center line of La Riviere Drive; thence
Charles Garret, Buffalo China northeasterly through and across the Niagara Section of the
Mrs. LoTempio now moved that the hearing be closed. New York State Thruway to the intersection of the easterly
Seconded by Mr. Coppola. boundary line of the New York State Thruway with the southerly
CARRIED. line of Charles Street; thence northeasterly and along the
Mrs. LoTempio moved: southerly line of Charles Street to the center line of The
WHEREAS, Local Law No. 5 (1994), adding section Terrace; thence southeasterly along the center line of The
281 of article 14 of the charter of the City of Buffalo in relation Terrace to the center line of Swan Street; thence southeasterly
to establishing an economic development zone, was signed by along the center line of Swan Street to the center line of Pearl
Anthony M. Masiello, Mayor of the City of Buffalo; and Street; thence northerly along the center line of Pearl Street to
WHEREAS, the Local Law was riled with the the center line of Tupper Street;
Secretary of State on February 28, 1994, and then verified by Thence easterly and along the center line of East
the Mayor on March 2, 1994; and Tupper Street to Washington Street; thence southerly and
WHEREAS, subpart 2 of aforesaid Local Law along the center line of Washington Street to the center line of
defined the boundaries of the areas to BE designated an Swan Street; thence easterly and along the center line of Swan
Economic Development Zone; and Street to the center line of Oak Street; thence northerly and
WHEREAS, on July 27, 1994, the City of Buffalo along the center line of Oak Street to the center line of Eagle
was awarded a New York State Economic Development Zone Street; thence easterly and along the center line of Eagle Street
designation; and to the center line of Michigan Avenue; thence northerly and
WHEREAS, publicly owned facilities located within along the center line of Michigan Avenue to a point of
the zone, such as public parks and public schools, are not intersection with the easterly extension of the southerly line of a
eligible to receive the benefits offered by the zone designation. parcel of land identified as SBL number 111.39 -3 -2.11;
NOW, THEREFORE, be it resolved:- thence westerly and northerly along the southerly and westerly
1. That the City of Buffalo request a boundaries of SBL parcel number 111.39 -3 -2.11 and its
boundary revision from the New York State Department of westerly boundary extended northerly to the center line of East
Economic Development to: Tupper Street; thence westerly and along the center line of
A. The City would like to add a East Tupper Street to the center line of East Tupper Street to
the center line of Elm Street; thence southerly and along the said parcel to the center line of Rommel Street; thence
center line of Elm Street to the center line of Genesee Street; southerly and along the center line of Rommel Street to the
thence southwesterly and along the center line of Genesee center line of Broadway; thence easterly along the center line of
Street to the center line of North Oak Street; thence northerly Broadway to its intersection with the center line of the former
and along the center line of North Oak Street to the center line Penn Central Railroad right-of-way east of Curtiss Street;
of East Tupper Street; thence westerly and along the center thence southerly southwesterly and westerly along the center
line of East Tupper Street to the center line of Main Street; line of said right-of-way to its intersection with the center line of
Thence easterly along the center line of Tupper William Street; running thence westerly and along the center
Street to the center line of Main Street; thence northerly along line of William Street to its intersection with the center line of
the center line of Main Street to the center line of Edward Fillmore Avenue;
Street; thence westerly along the center line of Edward Street Thence northerly along the center line of Fillmore, Avenue to its
to the center line of Virginia Street; thence southwesterly along intersection with the center line of Paderewski Street; thence
the center line of Virginia Street to the center line of Keep Alley; westerly along the center line of Paderewski Street to its
thence northwesterly and southwesterly along the center line of intersection of Krettner Street; thence southerly along the
Keep Alley to the center line of Tupper Street; thence center line of Krettner Street to the center line of Peckham
northwesterly along the center line of Tupper Street to the Street; thence easterly along the center line of Peckham Street
center line of Maryland Street; thence southwesterly along the to the center line of Smith Street; thence southerly along the
center line of Maryland Street to the center line of Busti center line of Smith Street to a point 120 feet ± north of the
Avenue; thence northwesterly along the center line of Busti north line of William Street; thence easterly along the rear line
Avenue to the center line of Hudson Street; thence of those properties fronting on the north line of William Street to
northeasterly along the center line of Hudson Street to the the center line of Fillmore Avenue; thence southerly and along
center line of Cottage Street; thence southwesterly along the the center line of Fillmore Avenue to the center line of William
center line of Cottage Street to the center line of Virginia Street; Street; thence westerly along the center line of William Street to
thence easterly along the center line of Virginia Street to the the center line of Jefferson Avenue; thence southerly along the
center line of Main Street; thence northerly along the center line center line of Jefferson Avenue to the center line of Myrtle
of Main Street to the center line of Goodrich Street; thence Avenue; thence westerly along the center line of Myrtle Avenue
easterly along the center line of Goodrich Street to the center to the center line of Hamburg Street; thence southerly along the
line of Ellicott Street; thence southerly along the center line of center line of Hamburg Street to the center line of Seneca
Ellicott Street to the center line of Goodell Street; thence Street; thence easterly along the center line of Seneca Street to
southwesterly along the center line of Goodell Street and the the center line of Fillmore Avenue; thence northerly along the
northerly service road of the Kensington Expressway to its center line of Fillmore Avenue to the center line of Hardwood
intersection with Mulberry Street; thence southwesterly along Place; thence easterly along the center line of Hardwood Place
the southwesterly extension of the center line of Mulberry Street to the center line of Dillon Street; thence northerly and westerly
to the center line of Cherry Street; thence northeasterly along along the center line of Dillon Street to the center line of
the center line of Cherry Street to the center line of Jefferson Fillmore Avenue; thence northeasterly and along the center line
Avenue; thence northeasterly along the center line of the of Fillmore Avenue to its intersection with the easterly extension
entrance ramp to the Kensington Expressway to its intersection of the southerly line of South Division Street; thence westerly
with the center line of Carlton Street extended; and along the southerly line of South Division Street to the
Running thence easterly along Carlton Street and Carlton center line of Cornellia Street;
Street extended to its intersection with the center line of Grey Thence southwesterly along the center line of
Street; thence southerly along the center line of Grey Street to Cornellia Street to the center line of Smith Street; thence
the center line of Genesee Street; thence southwesterly along northerly along the center line of Smith Street to the southerly
the center line of Genesee Street to the center line of Jefferson right-of-way line of the former Pennsylvania Railroad north of
Avenue; thence southerly along the center line of Jefferson South Division Street; thence easterly along the southerly right-
Avenue to the center line of Broadway; thence easterly along of-way line of the former Pennsylvania Railroad to the
the center line of Broadway to the center line of Lathrop Street; northwesterly line of Fillmore Avenue; thence northeasterly
thence northerly along the center line of Lathrop Street to the along the northwesterly line of Fillmore Avenue to the northerly
center line of Walden Avenue; thence easterly along the center right-of-way line of the former Pennsylvania Railroad; thence
line of Walden Avenue to the center line of Roetzer Street; northwesterly along the northerly right-of-way line of the former
thence northerly along the enter line of Roetzer Street to the Pennsylvania Railroad to the easterly line of Smith Street;
center line of Genesee Street; thence southwesterly along the thence northerly and along the easterly line of Smith Street to
center line of Genesee Street to the center line of Louisiana the northwesterly comer of a parcel of land identified as SBL
Street; thence northerly along the center line of Louisiana number 111.830005014100; thence easterly and along the
Street to the center line of Northampton Street; thence westerly northerly line of SBL parcel 111.8300005014100 and its
along the center line of Northampton Street to the center line of easterly extension to the easterly line of Fillmore Avenue;
Kehr Street; thence northerly along the center line of Kehr thence southwesterly and along the easterly line of Fillmore
Street to the center line of French Street; thence easterly and Avenue to the center line of the former Pennsylvania Railroad
along the center line of French Street to the center line of the right-of-way; thence easterly and along the center line of the
former Penn Central Railroad right-of-way; thence southerly former Pennsylvania Railroad right-of-way to its intersection
along the center line of the former Penn Central right-of-way to with the westerly right-of-way line of the former Norfolk and
the center line of Urban Street; thence easterly along the center Western Railroad; thence northeasterly along the northwesterly
line of Urban Street to the center line of Barthel Street; thence right-of-way line of the Norfolk and Western Railroad to the
southerly along the center line of Barthel Street; thence southerly most comer of a land parcel identified as SBL
southwesterly along the center line of Genesee Street to the number 112.7700004001000; thence northerly, westerly,
center line of the former Penn Central Railroad right-of-way; northerly, easterly and southerly around the boundaries of SBL
thence southerly along the center line of the former Penn parcel number 112.7700004001000 and its southerly extension
Central right-of-way to the northerly line of Broadway; to the center line of the right-of-way of the former Norfolk and
Thence easterly along the northerly line of Broadway Western Railroad; thence southerly and along the center line of
to the southwest comer of that land parcel identified as SBL the Norfolk and Western Railroad to the center line of the right-
No. 112.2200003004100; thence northerly and along the of-way of the former Pennsylvania Railroad right-of-way; thence
westerly and northwesterly line of SBL No. easterly and along the center line of the former Pennsylvania
112.2200003004100; and 112.2200003024000 to the northerly Railroad right-of-way to the center line of the right-of-way of the
most comer thereof, thence southerly and along SBL No. former Erie-Lackawanna Railroad; thence southwesterly along
112.2200003024000; and SBL No. 112.220000301700 the center line of the former Erie-Lackawanna Railroad right-of-
(including the portion of said parcel extended into Schmarbeck way to the northerly line of Seneca Street; thence southeasterly
Street) to the northwesterly comer of SBL No. 112.220000301 and along the northeasterly line of Seneca Street and including
0100; thence easterly and along the northerly line of said parcel those parcels fronting on the northeasterly line of Seneca
across Schmarbeck Street and along the northerly line of Street and identified as SBL parcel numbers:
parcels SBL No. 112.2200004019000 and parcel no. 123.2900002010000
112.2200009018000 to the midway line between Schmarbeck 123.2900003022000
Street and Rommel Street; thence northerly and along said 123.3700004025000
midway line to the northerly line of SBL Parcel 11 123.3700006023100
12.2200004017000; thence easterly and southerly along said 123.3700006027000
parcel to the north line Broadway; thence easterly along the 123.3800001009000
north line of Broadway to the southwest comer of the SBL 123.3800001006100
parcel 112.22000040150000; thence northerly and easterly 123.3800002027000
along said parcel and the easterly extension of the north line of 123.3800002026000
123.3800002025000 Van Rensselaer Street to the center line of Perry Street; thence
123.3800002024000 easterly along the center line of Perry Street to the center line of
123.38000030016000 to the the Erie Lackawanna Railroad right-of-way; thence
easterly line of Hayes Street; southwesterly and along the center line and along the Erie
Thence northerly along the easterly line of Hayes Lackawanna Railroad right-of-way to the center line of Fulton
Street to the northerly line of former Bayard Street; thence Street; thence westerly along the center line of Fulton Street to
westerly and along the northerly line of former Bayard Street to the center line of Van Rensselaer Street; thence southerly
the westerly most comer of the land parcel identified as SBL along the center line of Van Rensselaer Street to the center line
number 123.090000400200; thence northerly and easterly of South Park Avenue; thence westerly along the center line of
along the boundaries of SBL parcel 123.090000400200 and South Park Avenue to the center line of Fitzgerald Street;
SBL parcel number 123.0900004006000 to the westerly line of thence southerly along the center line of Fitzgerald Street to the
Bailey Avenue; thence northerly and along the westerly line of center line of Mackinaw Street; thence westerly along the
Bailey Avenue to the southeast comer of land parcel identified center line of Mackinaw Street to the center line of Katherine
as SBL number 123.1000001001100; thence westerly, Street; thence northerly along the center line of Katherine
northerly, easterly and southerly around the boundaries of Street to the center line of South Park Avenue; thence westerly
combined SBL parcels 1123.1000001001100 and along the center line of South Park Avenue to the center line of
123.1000001001200 to a point in the westerly line of Bailey Red Jacket Street; thence northerly along the center line of Red
Avenue 10 feet north of the northerly right-of-way line of the Jacket Street to the center line of Fulton Street; thence easterly
former Pennsylvania Railroad; thence easterly and at right along the center line of Fulton Street to the center line of the
angles to Bailey Avenue to a point in the easterly line of Bailey Penn Central Railroad right-of-way; thence northerly along the
Avenue; thence northerly and along the easterly line of Bailey Penn Central Railroad right-of-way to the northerly boundary of
Avenue to a point 310 feet ± south of the south line of Clinton the Niagara Section of the New York State Thruway; thence
Street; thence westerly at right angles across Bailey Avenue to westerly along the northerly boundary of the New York State
a point in the westerly line of Bailey Avenue; thence northerly Thruway to the center line of Hamburg Street; thence northerly
and along the westerly line of Bailey to the southerly line of along the center line of Hamburg Street to the center line of the
Clinton Street; thence westerly along the southerly line of Penn Central Railroad right-of-way; thence westerly along the
Clinton Street to the mid-way line between Kirkover Street and center line of the Penn Central Railroad right-of-way to the east
Hobart Street and including all those parcels identified as SBL line of Michigan Avenue; thence southerly along the east line of
numbers: 123.0600002007000; 123.0600002006000; Michigan Avenue to the center line of Scott Street; thence
123.0600002004000;123.0600002003000 and easterly along the center line of West Market Street; thence
123.0600002002000; thence northerly and at right angles to southerly along the center line of West Market Street to the
Clinton Street to a point in the north line of Clinton Street which center line of Perry Street; thence westerly along the center line
is the southwest comer of SBL parcel number of Perry Street to the center line of Michigan Avenue; thence
123.2300001010100; thence northerly, easterly, southerly and southerly along the center line of Michigan Avenue to the center
easterly around the parcel boundaries of SBL numbers line of South Park Avenue; thence westerly along the center
123.2300001010100; 123.0600001015110 and line of South Park Avenue to the center line of Illinois Street;
123.0600001014100 to a point in the westerly line of Bailey thence northerly along the center line of Illinois Street to the
Avenue; thence southerly and along the west line of Bailey center line of Perry Street; thence easterly along the center line
Avenue to the south line of Clinton Street; thence easterly and of Perry Street to the center line of Columbia Street; thence
along the south line of Clinton Street to the west line of Roberts northerly along the northerly extension of the center line of
Avenue; thence southerly and along the west line of Roberts Columbia Street to the center line of Scott Street; thence
Avenue to the south line of Roesser Avenue; thence easterly easterly along the center line of Scott Street to the westerly line
and along the south line of Roesser Avenue to the east line of of Michigan Avenue; thence northerly along the westerly line of
Kelburn Street; thence northerly along the east line of Kelbum Michigan Avenue to the center line of Seneca Street; thence
Street to the northwest comer of land parcel SBL number westerly along the center line of Seneca Street to the center
123.1000002016000; thence easterly and along the north line line of the Buffalo Skyway; thence northwesterly along the
of SBL number 123.10000020116000 to a point in the west line center line of the Buffalo Skyway to the center line of Erie
of Houghton Park; thence southerly along the west line of Street; thence southwesterly along the center line of Erie Street
Houghton park to the northerly right-of-way line of the former to the center line of Lakefront Boulevard; running thence
Pennsylvania Railroad; thence northeasterly and along the northerly along the center line of Lakefront Boulevard to the
northerly right-of-way line of the former Pennsylvania Railroad point or place of beginning.
to its intersection with the southerly boundary line of the Sub-Zone 2
Niagara Section of the New York State Thruway; thence Portions of census tracts 36, 39.01, 39.02, 40.01,
southwesterly and along the southerly boundary of the New 41 and 42 more fully described as follows:
York State Thruway to the center line of Bailey Avenue; thence Beginning at a point in the center line of East
northerly and along the center line of Bailey Avenue to its Amherst Street at its intersection with the westerly line of the
intersection with the northerly boundary of the New York State former Erie Railroad right-of-way; thence easterly along the
Thruway; thence southwesterly and along the northerly line of center line of East Amherst Street to the center line of Clarence
the New York State Thruway to its intersection with the south Avenue; thence southerly along the center line of Clarence
line of Seneca Street; thence northeasterly and along the south Avenue to an angle point; thence southwesterly and parallel to
line of Seneca Street to its intersection with the center line of Kensington Avenue 129 feet, plus or minus, to a point; thence
the right-of-way of the former Norfolk and Lackawanna Railroad southeasterly at right angles to Kensington Avenue II 5 feet,
including those parcels fronting on the south line of Clinton plus or minus, to a point in the northerly line of Kensington
Street and identifies by SBL numbers as: Avenue and continuing thence southerly on said line extended
122.3600004001000 to the center line of Kensington Avenue; thence northeasterly
2000 along the center line of Kensington Avenue to the center line of
3000 Northumberland Avenue; thence southerly along the center line
4000 of Northumberland Avenue to its intersection with the easterly
5000 extension of the northerly line of Subdivision Lot Number 5 of
6000 map cover 271; thence westerly at right angles to
7000 Northumberland Avenue to the northwest comer of Subdivision
337.0001001000 Lot Number 5; thence southerly along the rear line of
123.3700001002000 Subdivision Lots Numbers 5 through 33 of cover 271 to the
3000 southwest comer of sublot 33; thence easterly along the
4000 southerly line of Subdivision Lot Number 33 to the center line of
5000 Northumberland Avenue; thence southerly along the center line
6000 of Northumberland Avenue and through and across the
123.3700003001000 Kensington Expressway to the center line of former Warwick
123.3700003003000 Avenue; thence westerly along the center line of former
8000 Warwick Avenue to the easterly right-of-way line of the former
123.3700004001000 D L & W Railroad; thence southeasterly along the easterly
and 123.3700005008000 right-of-way line of the former D L & W Railroad to its
Thence southwesterly along the center line of the Erie intersection with the center line of East Delavan Avenue;
Lackawanna Railroad right-of-way to its intersection with the thence westerly along the center line of East Delavan Avenue
center line of Exchange Street; thence westerly along the to a point of intersection with the northwesterly extension of the
center line of Exchange Street to the center line of Van southwesterly right-of-way line of the Niagara Mohawk Power
Rensselaer Street; thence southerly along the center line of Corporation by deed filed in Liber 5301 at page 44; thence
southeasterly along the southwesterly and the westerly line of with the easterly line of Manhattan Avenue; running thence
the right-of-way of the Niagara Mohawk Power Corporation northerly along the easterly line of Manhattan Avenue 200 feet
right-of-way to the center line of Scajaquada Street; thence to a point; running thence easterly parallel with Central Park
westerly along the center line of Scajaquada Street to the Avenue to its intersection with the south westerly line of the
center line of Cornwall Avenue; thence northerly along the Erie Rail Road right-of-way; running thence northwesterly and
center line of Cornwall Avenue to the center line of East along the southwesterly fight-of-way of the Erie Rail Road to
Delavan Avenue; thence easterly along the center line of East the point of beginning.
Delavan Avenue to the center line of Norfolk Avenue; thence Subzone 3
northerly and along the center line of Norfolk Avenue to its PORTION OF CENSUS TRACT 3, Block 9011,
intersection with the easterly extension of the northerly line of 901 and 133, more fully described as follows:
Subdivision Lot Number 89 as shown on map filed in Cover BEGINNING at the point of the center line of
274; thence westerly along the northerly line of Subdivision Lot South Park Avenue to its intersection with the easterly dock line
89 and Subdivision Lot 21 to the center line of Northumberland of the Buffalo River; and running thence northerly and easterly
Avenue; thence northerly along the center line of to the its intersection with the center line of the Erie
Northumberland Avenue to the center line of Sussex Avenue; Lackawanna Railroad; running thence southwesterly along the
thence westerly along the center line of Sussex Avenue to the center line of the Erie Lackawanna Railroad to its intersection
center line of Cornwall Avenue; thence northerly along the with the center line of South Park Avenue; running thence
center line of Cornwall Avenue to the center line of Pembroke easterly along the center line of South Park Avenue to its
Avenue. intersection with New Abby Street; running thence
Thence east along the center line of Pembroke southwesterly and southerly along the center line of New Abby
Avenue to the westerly line of the Erie Rail Road right-of-way; Street and. Abby Street to its intersection with the easterly
thence northerly along the westerly line of the Erie Rail Road extension of the southerly line of the parcel of land known as
right-of-way and across the Kensington Expressway to the SBL 132.08 -1 -6; running thence westerly and southerly along
center line of Warwick Avenue; running west along the center the southerly line of the above described parcel to its
line of Warwick Avenue to a point 320 feet ± east of the center intersection with the railroad right-of-way; running thence
line of Wyoming Avenue; thence north and at right angles to northerly along the westerly line of parcels identified by SBL
Warwick Avenue 140 feet ± to a point; thence west parallel with numbers as 132.08 -1 -6, 122.20 -1 -23.1 and 1.22.16 -1 -18.1
Warwick Avenue I 00 feet ± to a point; thence northerly parallel to its intersection with the westerly dock line of the Buffalo
with Wyoming Avenue 555 feet ± to a point. Thence westerly River; thence easterly and northerly along the dock line of the
and parallel with Warwick Avenue to the center line of Buffalo River to the point of beginning.
Wyoming Avenue; thence northerly and along the center line of A listing of deletions by street numbers are available for review
Wyoming Avenue to its intersection with the center line of in the City Clerk's Office.
Kensington Avenue; thence northeasterly along the center line PASSED.
of Kensington Avenue to its intersection with the westerly right-AYES-13. NOES-0.
of-way line of the Erie Rail Road;
Thence northerly and along the westerly right-of-way line of the NO.174
Erie Rail Road to its intersection with the easterly extension of COSTESTIMATEDOWNTOWNTRAFFIC
the southerly line of Central Park Avenue; thence westerly STUDY/OPTION(PW)
along southerly line of Central Park Avenue and its extension (ITEM#42CCPNOVEMBER26,1997)
1220 feet ± to a point; thence northerly at right angles 470 feet That the above mentioned item be and the same is hereby
± to a point; thence westerly parallel with Central Park Avenue received and filed.
200 feet ± to a point; thence northerly at right angles 330 feet ± ADOPTED.
to a point; thence westerly parallel to Central Park Avenue to its
intersection with the center line of Holden Avenue. Thence NO.175
northerly and along the center line of Holden Avenue to its STATUS-OUTSTANDINGLDAS(CD).
intersection with the center line of Rockwood Avenue; thence (ITEM#69CCPNOVEMBER26,1997)
westerly along the center of Rockwood Avenue to its That the above mentioned item be and the same is hereby
intersection with the center line of Fillmore Avenue; thence received and filed.
northerly along the center line of Fillmore Avenue to its ADOPTED
intersection with the center line of Main Street; thence
southwesterly and along the center fine of Main Street to its NO.176
intersection with the northwesterly extension of the BNRC-REPLYTOAUDIT.
southwesterly line of that land parcel identified as SBL number (ITEM#62CCPSEPTEMBER16,1997)
089.3600006033 100; thence southeasterly, easterly and That the above mentioned item be and the same is hereby
northerly along the boundaries of 089.3600006033 100 and received and filed.
northerly and northwesterly along the boundaries of SBL parcel ADOPTED
number 089.3600006036100 to a point in the southwesterly
line of Main Street; thence northeasterly and along the NO.177
southeasterly line of Main Street to the westerly most comer of COALITIONEMPL/ECO.DEV.-BMHABLDG.MAINT.
SBL parcel number 089.3600006002100; thence PROG(#88,7/8)
southeasterly, southerly and easterly along the SBL parcel (ITEM#168CCPJULY22,1997)
089.3600006002100 and its easterly extension to the center That the above mentioned item be and the same is hereby
line of Fillmore Avenue, thence northerly and along the center received and filed.
line of Fillmore Avenue to the center line of Chalmers Avenue; ADOPTED
thence easterly along the center line of Chalmers Avenue to its
intersection with the center line of Holden Avenue; thence NO.178
southerly and along the center line of Holden Avenue 90 feet, ± G.PHILLIPS&0-CONCERNSENVIRONMENTELKST
to a point; thence easterly along the south face of a masonry (CD)
building 70 feet, to the comer of said building; thence northerly (ITEM#58CCPOCTOBER14,1997)
and along the east face of the masonry building to its comer; That the above mentioned item be and the same is hereby
thence westerly and along the north face of the masonry received and filed.
building and its extension to the center line of Holden Avenue; ADOPTED
thence northerly along the center line of Holden Avenue 110
feet ± to a point; running thence easterly and along the south NO.179
face of a masonry building 1150 feet ± to a point; running D.CZAJKAG.PHILLIPS&O-CONCERNSENVIRON.
thence southerly and at right angles to Central Park Avenue ELK.ST.(CD)
280 feet ±; running thence westerly and parallel to Central Park (ITEM52CCPDECEMBER9,1997)
Avenue 700 feet to a point; running thence southerly at right That the above mentioned item be and the same is hereby
angles to Central Park Avenue to its intersection with the center received and filed.
of Central Park Avenue; running thence easterly and along the ADOPTED.
center line of Central Park Avenue 425 feet to a point; running
thence northerly at right angles to Central Park Avenue 260 NO.180
feet to a point; running thence easterly parallel with Central NYSDEC-APPLN.CLINTONDISPOSAL-1346S.PK.
Park Avenue 350 feet to a point; running thence southerly at DEB.PROC.SITE
right angles to Central Park Avenue to its intersection with the (ITEM#73CCPDECEMBER23,1997)
center line of Central Park Avenue; running thence easterly That the above mentioned item be and the same is hereby
along the center line of Central Park Avenue to its intersection received and filed.
ADOPTED at 243 Detroit Street, for the amount of $ 1.00 (One Dollar), and
all costs of transfer, on the condition the property is cleared
NO.181 and improved within six (6) months and maintained in a
COMERSETTLEMENT-COMM.HSG.CTR.ADM.(CC) sanitary manner.
(ITEM#34CCPNOVEMBER12,1997) PASSED.
That the above mentioned item be and the same is hereby AYES-13. NOES-0.
received and filed.
ADOPTED NO.188
NO.182 TRANSFEROFTITLE,URBANHOMESTEAD
TRANSFEROFTITLE,URBANHOMESTEAD 70SOUTHSTREET
180JEWETTAVENUE (ITEMNO.73,C.C.P.,JAN.20,1998)
(ITEMNO.43,C.C.P.,DEC.23,1997) That the city-owned property commonly known as 70
That the city-owned property commonly known as South Street, is hereby designated as Homestead Property,
180 Jewett Avenue, is hereby designated as Homestead and that the Mayor be, and he hereby is authorized to execute a
Property, and that the Mayor be, and he hereby is authorized to deed transferring said property equally to Mr. John Lopez,
execute a deed transferring said property to Ms. Margaret residing at 60 South Street and Mrs. Karen Cassidy, residing at
Smith, residing at 176 Jewett Avenue, for the amount of $1.00 12 Vincennes, for the amount of $1.00 (One Dollar), and all
(One Dollar), and all costs of transfer, on the condition the costs of transfer, on the condition the property is cleared and
property is cleared and improved within six (6) months and improved within six (6) months and maintained in a sanitary
maintained in a sanitary manner. manner.
Mr. Zuchlewski moved that the above item be recommitted to PASSED.
the Committee on Community Development. AYES-13. NOES-0.
ADOPTED.
NO.183 NO.189
TRANSFEROFTITLE,URBANHOMESTEAD NEWCONVENTIONCTR.(PW)
161CHESTERSTREET (ITEM#18CCPJANUARY6,1998)
(ITEMNO.31,C.C.P.,JAN.6,1998) That the above mentioned item be and the same is hereby
That the city-owned property commonly known as received and filed.
161 Chester Street, is hereby designated as Homestead ADOPTED.
Property, and that the Mayor be, and he hereby is authorized to
execute a deed transferring said property to Mr. and Mrs. Louis NO.190
King, residing at 159 Chester Street, for the amount of $ 1.00 ERIECO.EXEC.-NEWCONVENTIONCTR.
(One Dollar), and all costs of transfer, on the condition the DEVELOPMENT)
property is cleared and improved within six (6) months and (ITEM#109CCPJANUARY20,1998)
maintained in a sanitary manner. That the above mentioned item be and the same is hereby
Mr. Zuchlewski moved that the above item be recommitted to received and filed.
the Committee on Community Development. ADOPTED
ADOPTED.
NO.184 NO.191
TRANSFEROFTITLE,URBANHOMESTEAD INVENTORY-CPRPROG.DIV.OFIN-REM
442EMSLIE(ITEMNO.69,C.C.P.,JAN.20,1998) (ITEM#45CCPDECEMBER23,1997)
That the city-owned property commonly known as That the above mentioned Item be and the same is hereby
442 Emslie Street, is hereby designated as Homestead received and filed.
Property, and that the Mayor be, and he hereby is authorized to ADOPTED
execute a deed transferring said property to Mr. James
McKithen, residing at 438 Emslie Street, for the amount of $ 1. NO.192
00 (One Dollar), and all costs of transfer, on the condition the FISCAL1998FORMULA-ALLOCATION-FED.
property is cleared and improved within six (6) months and ENTITLEMENTPROG.(CD)
maintained in a sanitary manner. (ITEM464CCPJANUARY20,1998)
PASSED. That the above mentioned item be and the same is hereby
AYES-13. NOES-0. received and filed.
ADOPTED
NO.185
TRANSFEROFTITLE,URBANHOMESTEAD EDUCATION
385GOODYEAR(ITEMNO.70,C.C.P.,JAN.20,1998) (BARBARAA.KAVANAUGH,CHAIRPERSON)
That the city-owned property commonly known as
385 Goodyear, is hereby designated as Homestead Property, NO.193
and that the Mayor be, and he hereby is authorized to execute a SUPPORTNEWYORKSTATECHARTERSCHOOL
deed transferring said property to Mr. and Mrs. Eugene E. LEGISLATION
Simmons, residing at 383 Goodyear Street, for the amount of (ITEMNO.235,C.C.P.,JAN.201998
$1.00 (One Dollar), and all costs of transfer, on the condition That the above item be and the same hereby is returned to the
the property is cleared and improved within six (6) months and Common Council without recommendation.
maintained in a sanitary manner. Mrs. Kavanaugh moved:
PASSED. That the above item be and the same hereby is received and
AYES-13. NOES-0. filed.
ADOPTED.
NO.186
TRANSFEROFTITLE,URBANHOMESTEAD-421RESOLUTIONS
MADISON(ITEMNO.71,C.C.P.,JAN.20,1998)
That the city-owned property commonly known as 421 NO.194
Madison, is hereby designated as Homestead Property, and By: Mr. Brown
that the Mayor be, and he hereby is authorized to execute a REQUESTTOWAIVEPERMITFEES
deed transferring said property to Mr. George Carter, residing Whereas: The 23rd Annual Juneteenth Festival has been a
at 419 Madison, for the amount of $ 1. 00 (One Dollar), and all major summer event in the City of Buffalo, attracting over
costs of transfer, on the condition the property is cleared and 75,000 spectators annually who partake in this celebration of
improved within six (6) months and maintained in a sanitary freedom from enslavement; and
manner. Whereas: Each year the Juneteenth Festival invites not only
PASSED. local vendors, but merchants from across the country and
AYES-13. NOES-0. Canada to be part of this celebration; and
Whereas: There are several fees required by the City which
NO.187 vendors must pay in order to obtain a permit, allowing them to
TRANSFEROFTITLE,URBANHOMESTEAD partake in this celebration, including fees for tents and
184PADEREWSKI(ITEMNO.72,C.C.P.,JAN.20,1998) propane; and
That the city-owned property commonly known as 184 Whereas: While it is necessary for safety purposes to certify
Paderewski, is hereby designated as Homestead Property, and that tents and propane are in compliance with local regulations,
that the Mayor be, and he hereby is authorized to execute a waving the fees for these items would benefit all vendors using
deed transferring said property to Ms. Juanita Boykin, residing them and help the Juneteenth Committee with this additional
expense; and Whereas: The Valley Community Association is an important
Now, Therefore, Be It Resolved: component of the neighborhood; it is utilized by residents for
That this Common Council approve the waiving of fees for recreation, day care services, meetings, and much more; and
permits required by the City for tents and propane tanks for the Whereas: The Valley Community Association is applying to the
Juneteenth Festival on June 13th and 14th. Mayor's Matching Fund for a grant to create a sign which would
REFERRED TO THE COMMITTEE ON FINANCE AND stand at the entrance to this community, at the junction of
CORPORATION COUNSEL. South Park Avenue and Elk Street; and
Whereas: The land on which community leaders propose to
NO.195 place this gateway sign is currently owned by the City of
By: Mr. Brown Buffalo through the office of In-Rem; this land must be
REQUESTPUBLICHEARINGONCITIZENCONCERNSconverted to public use before the proposed sign can be place
RELATEDTONUISANCE&OFFENSIVEBEHAVIORthere;
PATTERNSATEMPIREIIPAWNBROKER Now, Therefore, Be It Resolved:
Whereas: In recent months there has been a tremendous That this Honorable Body requests that the Department of
public outcry in many neighborhoods regarding Empire II Public Works investigate this property to ensure that there are
Pawnbrokers, located at 1570 Main Street in the City of no utility lines or other obstructions which would interfere with
Buffalo; and the placement of the aforementioned location; and
Whereas: The Masten District Council Office has received Be It Further Resolved:
numerous complaints regarding members of the staff of That the approval of the City of Buffalo Corporation Counsel is
Empire II Pawnbrokers and the owner making derogatory and required before final Council approval is issued for this
racially offensive remarks at local residents and customers; conversion; and
and Be It Finally Resolved:
Whereas: Additionally, citizens have expressed concerns That, conditional on the approval of both the Department of
related to possible discriminatory practices towards African-Public Works and Corporation Counsel, the City of Buffalo
American customers; and Common Council hereby approves the Valley Community
Whereas: Local community groups have conducted several Association's request to convert the parcel of land at the
public demonstrations at Empire 11 Pawnbrokers in pursuit of junction of South Park Avenue and Elk Street to public use for
social justice; and the purpose of erecting a gateway sign.
Whereas: The Buffalo Police Department, Law Department, REFERRED TO THE COMMITTEE ON LEGISLATION,
Department of Community Development, and the Erie District CORPORATION COUNSEL AND COMMISSIONER OF
Attorney should investigate the complaints regarding Empire 11 PUBLIC WORKS.
Pawnbrokers as a strategy to prevent citizen unrest and to
curtail the possibility of future conflicts and/or discrepancies; NO.198
Now, Therefore, Be It Resolved: By: Mr. Franczyk:
That the Common Council requests the Department of BONDRESOLUTION
Community Development to investigate the possibility of $400,000ADDITIONALBONDS
holding a public hearing regarding Empire 11 Pawnbrokers RECONSTRUCTIONKINGURBANLIFECENTER
located at 1570 Main Street to review its business practices ACCOUNT200-402
and to ensure compliance to the City Code and other policies; Bond Resolution of the City of Buffalo,
and New York, authorizing the issuance of
Be it Further Resolved: $400,000 General Improvement Bonds of
That the Commissioner of the Buffalo Police Department, the said City, in addition to the $500,000
Corporation Counsel, the Director of Inspections, Licenses and bonds previously authorized, to finance
Permits and a representative of for the Erie County District the cost of the partial reconstruction of the
Attorney's Office be requested to attend the public hearing King Urban Life Center located on the
regarding Empire 11 Pawnbrokers; and Northwest comer of East Genesee and
Be it Finally Resolved: Rich Street, at the estimated total cost of
That the Buffalo Police Department process all the complaints $900,000.
related to Empire 11 Pawnbrokers and take any and all The Common Council of the City of
necessary forms of appropriate action to resolve the concerns Buffalo, in the County of Erie, New York, hereby resolves (by
of the citizenry. the favorable vote of not less than two-thirds of all the members
REFERRED TO THE COMMITTEE ON LEGISLATION, of said Common Council) as follows:
COMMISSIONER OF POLICE, CORPORATION COUNSEL Section 1. The Comptroller of the City of
AND COMMISSIONER OF COMMUNITY DEVELOPMENT. Buffalo, in the County of Erie, New York, is hereby authorized
and directed to issue General Improvement Bonds of said City
NO.196 in the principal amount of Four Hundred Thousand Dollars
By: Mr. Coppola ($400,000), in addition to the $500,000 bonds previously
INVESTIGATEOVERCHARGINGBYNIAGARAMOHAWK authorized by Resolution No. 238 adopted by the Common
Whereas: American Anglian performed an audit of the Division Council on July 22, 1997, pursuant to the provisions of the
of Water when they took over management this past year; and Charter of said City and the Local Finance Law, constituting
Whereas: The audit included electric costs for the past five Chapter 33-a of the Consolidated Laws of the State of New
years; and York (the "Law"), to finance the cost of the partial
Whereas: During recent confirmation hearings, Public Works reconstruction of the King Urban Life Center located on the
Commissioner Joseph N. Giambra stated that American Northwest corner of East Genesee and Rich Street including
Anglian's audit confirmed that Niagara Mohawk had construction of Early Childhood Center facilities. The
overcharged the city for the last five years; and estimated total cost of said specific object or purpose for which
Whereas: The City of Buffalo budgets approximately $30 the bonds authorized by this resolution are to be issued,
million yearly for electricity and can hardly afford to be including preliminary costs and costs incidental thereto and the
overcharged for anything, especially electric power. financing thereof, is $900,000 as set forth in the duly adopted
Now therefore be it resolved that Capital Improvements Budget of said City for fiscal year 1997-
The City Clerk send a certified copy of this resolution to 98, as amended.
American Anglian with a request that they share with this Section 2. The proceeds of the sale of the
Common Council the results of their recent audit, which bonds authorized by this resolution, or any bond anticipation
confirmed that Niagara Mohawk Power Corp. overcharged the notes issued in anticipation of the sale of said bonds shall be
City of Buffalo for electric power for the past five years. deposited in the Capital Projects Fund to the credit of the
Department of Public Works, Division of Buildings,
NO.197 "Reconstruction King Urban Life Center, 1997-98", Bond
By: Mr. Fontana Authorization Account No. 200-402, and shall be used for the
CONVERTPARCELOFLANDINVALLEYCOMMUNITYTOspecific object or purpose specified in Section I of this
PUBLICUSE resolution.
Whereas: The Valley is a City of Buffalo neighborhood with a Section 3. The City intends to finance, on
rich history; this neighborhood lies between the Cobblestone an interim basis, the costs or a portion of the costs of said
area and South Buffalo; and improvements for which bonds are herein authorized, which
Whereas: The Valley Community is an area one mile southeast costs are reasonably expected to be incurred by the City,
of downtown Buffalo; it has a population of 2500 residents, and pursuant to this Bond Resolution, in the maximum amount of
it is an area which combines both residential and industrial $400,000. This Resolution is a declaration of Official Intent
uses; and adopted pursuant to the requirements of Treasury Regulation
Section 1. 150-2. December 9, 1997 in relation to the appointment of the Escrow
Section 4. The following additional matters are hereby Holder.
determined and stated: Recitals
(a) The existing building is of Class "B " construction Whereas, the Common Council of the City
as defined by Section 11.00 a. 11. (b) of the Law, and the of Buffalo, in the County of Erie, New York, has heretofore duly
period of probable usefulness applicable to the specific object authorized the issuance of $70,000,000 Refunding Bonds of
or purpose for which the bonds authorized by this resolution said City, or so much thereof as may be necessary, to finance
are to be issued, within the limitations of Section I 1.00 a. the refunding of all or a portion of various outstanding refunding
11(a)(2) of the Local Finance Law, is fifteen (15) years serial bonds, pursuant to the refunding bond resolution adopted
(provided that the maximum term of said bonds shall not extend by said Common Council on December 9, 1997 and hereinafter
beyond February 1, 2013). referred to; and
(b) Current funds are not required by the Law to be provided Whereas, Section 10 of said refunding bond
as a down payment prior to the issuance of the bonds resolution provided that the City shall contract with Fleet Bank,
authorized by this resolution or any bond anticipation notes Buffalo, New York, for the purpose of having such bank or trust
issued in anticipation thereof in accordance with Section company act as the Escrow Holder of the proceeds of the
107.00 d. 9. of the Law. Refunding Bonds, and the Comptroller has been informed that
Section 5. Each of the bonds authorized by this resolution and Fleet Bank no longer provides such corporate trust services;
any bond anticipation notes issued in anticipation of the sale of and
said bonds and the renewals of said notes shall contain the Whereas, the Comptroller has evaluated
recital of validity prescribed by Section 52.00 of the Local proposals from several other bank or trust companies in Buffalo
Finance Law. Said bonds and said notes shall be general to provide such services, and based on such evaluations has
obligations of the City of Buffalo payable as to both principal recommended that Manufacturer's and Traders Trust
and interest by a general tax upon all the taxable real property Company be appointed to act as Escrow Holder;
within said City without limitation as to rate or amount. The now, therefore, be it
faith and credit of said City are hereby irrevocably pledged for Resolved by the Common Council of the City of Buffalo, in the
the punctual payment of the principal of and interest on said County of Erie, New York (by the favorable vote of not less than
bonds and said notes. Provision shall be made annually by two-thirds of all members of said Common Council) as follows:
appropriation by said City for the payment of interest on and for Section (1). Section 10 of the refunding
the amounts required for the amortization and redemption of bond resolution of said City duly adopted by the City Council on
said bonds and said notes. December 9, 1997, entitled:
Section 6. The validity of the bonds Refunding Bond Resolution of the City of Buffalo,
authorized by this resolution or any bond anticipation notes New York, authorizing the refunding of all or a
issued in anticipation of the sale of said bonds may be portion of various outstanding serial bonds of said
contested only if: City, stating the plan of refunding, appropriating an
(a) Such obligations are authorized amount not to exceed $70,000,000 therefor,
for an object or purpose for authorizing the issuance of $70,000,000 Refunding
which the City of Buffalo is not Bonds of said city, or so much thereof as may be
authorized to expend money, or necessary, to finance said appropriation, and making
(b) The provisions of law which certain determinations all relative thereto.
should be complied with at the is hereby amended to read as follows:
date of the publication of this "Prior to the issuance of the Refunding Bonds, the City
resolution are not substantially shall contract with Manufacturer's and Traders Trust
complied with, Company, Buffalo, New York, a bank or trust company
and an action, suit or proceeding contesting such validity, is located and authorized to do business in this state, for
commenced within twenty days after the date of such the purpose of having such bank or trust company act
publication, as the Escrow Holder of the proceeds, inclusive of any
or premium from the sale of the Refunding Bonds,
(c) Such obligations are authorized together with all income derived from the investment of
in violation of the provisions of such proceeds. The Escrow Contract shall contain
the constitution. such terms and conditions as shall be necessary in
Introduced: February 3, 1998 order to accomplish the refunding financial plan,
LAID ON THE TABLE. including provisions for the Escrow Holder without
further authorization or direction from the City, except
NO.199 as otherwise provided therein, (a) to make all required
By: Mr. Franczyk payments of principal, interest and redemption
TRANSFEROFFUNDS premiums to the appropriate paying agent with respect
DIVISIONOFBUILDINGS to the Bonds To Be Refunded, (b) to pay costs and
That pursuant to section 42 of tile Charter and the Certificate of expenses incidental to the issuance of the Refunding
the Mayor and the Comptroller submitted to the Common Bonds, including the development of the refunding
Council, the sum of $1,000 be and the same is hereby financial plan, and of executing and performing the
transferred within the Division of Buildings and said sum is terms and conditions of the Escrow Contract and all of
hereby reappropriated as set forth below: its fees and charges as the Escrow Holder, (c) at the
From: appropriate time or times to cause to be given on
100 General Fund behalf of the City the notices of redemption authorized
40 - Department of Public Works to be given pursuant to Section 13 hereof, and (d) to
2 - Division of Buildings invest the moneys held by it consistent with the
031 - Operation & Maintenance of Public Buildings provisions of the refunding financial plan. The Escrow
462 - Machinery & Equipment Maintenance and Repair Contract shall be irrevocable and shall constitute a
$1,000 covenant with the holders of the Refunding Bonds. "
To: Section (2). The amendment of the refunding
100 General Fund bond resolution set forth in Section A of this resolution, shall in
40 - Department of Public Works no way affect the validity of the liabilities incurred, obligations
2 - Division of Buildings issued, or action taken pursuant to said refunding bond
022 - Planning and Design Of Public Buildings resolution, and all such liabilities incurred, obligations issued,
403 - Photographic and Drafting Supplies $1,000 or action taken shall be deemed to have been incurred, issued
PASSED or taken pursuant to said refunding bond resolution,
AYES-13. NOES-0. as so amended.
Section (3). This resolution shall take effect
NO.200 immediately subject to approval by the Mayor in accordance
By: Mr. Franczyk with Section 38 of the Charter of the City of Buffalo.
REFUNDINGBONDRESOLUTION Introduced: February 3, 1998
AMENDMENTRE:ESCROWHOLDER PASSED.
REFUNDINGOF1991,1992AND1994 AYES-13. NOES-0.
OUTSTANDINGSERIALBONDS
NO.201
By: Mr. Franczyk
Resolution of the City of Buffalo, New York, adopted February
3, 1998, amending the Refunding Bond Resolution adopted
DISCHARGEFROMTHECOMMITTEEONFINANCE
"RESTATEDLEASE-SHEA'SBUFFALOTHEATREAND ANY SUCH DETAIL MAY BE REVOKED BY THE
STAGEPROJECT" COMMISSIONER OF POLICE AT ANY TIME. THE
(ITEMNO.58,C.C.P.,JANUARY20,1998) MAXIMUM NUMBER OF SUCH DETAILS HEREIN
Whereas: Item No. 58, C.C.P. January 20, 1998 - AUTHORIZED AND THE RATE OF COMPENSATION
"Restated Lease - Shea's Buffalo Theatre Stage Project" is PAYABLE TO EACH MEMBER OF THE POLICE FORCE
presently before the Common Council's Committee on Finance; WHILE SO DETAILED SHALL BE RESPECTIVELY AS
and FOLLOWS:
Whereas: It is no longer necessary for this item to 1 CHIEF OF HOMICIDE AT THE RATE OF $61,082 PER
be considered by the committee; ANNUM
Now, Therefore, Be It Resolved: 6 ASSISTANT CHIEF OF DETECTIVES AT THE RATE
That this Common Council does hereby discharge the OF $57,076 PER ANNUM
Committee on Finance from further consideration of Item No. 8 DETECTIVE SERGEANT AT THE RATE OF $49,919
58, C.C.P., January 20, 1998. PER ANNUM
CARRIED 78 DETECTIVE AT THE RATE OF $47,728 PER ANNUM
Mrs. LoTempio now moved: 3 Police Captain $57,021
That Item No. 58, C.C.P., January 20, 1998 be and hereby 13 Police Lieutenant $49,769
is Approved. 87 Police Officer $ 34,057 - $ 46,045
PASSED 012 - PATROL SERVICES
AYES - 13 NOES - 0 DETAIL OF DETECTIVE SERGEANT AND DETECTIVE -
ANY MEMBER OF THE POLICE FORCE WHO IS
NO.202 QUALIFIED BY RANK PURSUANT TO LAW, MAY BE
BY: MS. GRAY DETAILED BY THE COMMISSIONER OF POLICE AS
SALARYORDINANCEAMENDMENT DETECTIVE SERGEANT OR DETECTIVE AND ANY SUCH
20-1DEPARTMENTOFPOLICE DETAIL MAY BE REVOKED BY THE COMMISSIONER OF
021ADMINISTRATION&COMMUNICATIONS POLICE AT ANY TIME. THE MAXIMUM NUMBER OF
The Common Council of the City of Buffalo does ordain as SUCH DETAILS HEREIN AUTHORIZED AND THE RATE
follows: OF COMPENSATION PAYABLE TO EACH MEMBER OF
That part of Section I of Chapter 35 of the Ordinances of the THE POLICE FORCE WHILE SO DETAILED SHALL BE
City of Buffalo, relating to 20 -1 - Department of Police, 021- RESPECTIVELY AS FOLLOWS:
Division of Police Administration & Communications which 7 DETECTIVE SERGEANT AT THE RATE OF $49,919
reads: PER ANNUM
5 Assistant Police Dispatcher $46,084 31 DETECTIVE AT THE RATE OF $47,728 PER ANNUM
16 Public Safety Dispatcher $25,146 - $28,560 626 Police Officer $ 34,057 - $ 46,045
Is hereby amended to read: Is hereby amended to read:
4 Assistant Police Dispatcher $46,084 001-OFFICE OF THE POLICE COMMISSIONER
17 Public Safety Dispatcher $25,146 - $28,560 4 Detective $ 47,728
WE, R. GIL KERLIKOWSKE, Commissioner of Police, 14 Police Officer $ 34,057 - $ 46,045
and JAMES B. MILROY, Director of the Budget, hereby 011- DETECTIVE BUREAU
certify that the above change is necessary for the proper DETAIL OF CHIEF OF HOMICIDE, ASSISTANT CHIEF OF
conduct, administration and performance of essential services DETECTIVES.
of that department. We recommend that the compensation for ANY MEMBER OF THE POLICE FORCE WHO IS
said position be fixed at the respective amount set forth in the QUALIFIED BY RANK PURSUANT TO LAW, MAY BE
foregoing ordinance. DETAILED BY THE COMMISSIONER OF POLICE AS
That a personnel requisition incident to the creation of the CHIEF OF HOMICIDE, ASSISTANT CHIEF OF
above-mentioned position, containing a statement of the duties DETECTIVES, AND ANY SUCH DETAIL MAY BE
for such position, has been filed with the Municipal Civil REVOKED BY THE COMMISSIONER OF POLICE AT ANY
Service Commission, and said Commission has approved and TIME THE MAXIMUM NUMBER OF SUCH DETAILS
certified the position title set forth in the foregoing ordinance as HEREIN AUTHORIZED AND THE RATE OF
being the appropriate Civil Service title for the proposed COMPENSATION PAYABLE TO EACH MEMBER OF THE
position. POLICE FORCE WHILE SO DETAILED SHALL BE
APPROVED AS TO FORM RESPECTIVELY AS FOLLOWS:
Michael B. Risman 1 CHIEF OF HOMICIDE AT THE RATE OF $61,082 PER
Corporation Counsel ANNUM
REFERRED TO THE COMMITTEE ON CIVIL SERVICE 6 ASSISTANT CHIEF OF DETECTIVES AT THE RATE
AND COMMISSIONER OF POLICE. OF $57,076 PER ANNUM
3 Police Captain $ 57,021
NO.203 8 Detective Sergeant $ 49,919
BY: MS. GRAY 13 Police Lieutenant $ 49,769
SALARYORDINANCEAMENDMENT 78 Detective $ 47,728
20-1DEPARTMENTOFPOLICE 1 Police Officer $34,057-$ 46,045
VARIOUSDEPARTMENTS 012 - PATROL SERVICES
The Common Council of the City of Buffalo does ordain as 7 Detective Sergeant $49,919
follows: 31 Detective $47,728
That part of Section I of Chapter 35 of the Ordinances of the 588 Police Officer $34,057-46,045
City of Buffalo, relating to 20 -1 - Department of Police, which WE, R. GIL KERLIKOWSKE , Commissioner of Police,
reads: and JAMES B. MILROY, Director of the Budget, hereby
001 - OFFICE OF THE POLICE COMMISSIONER certify that the above change is necessary for the proper
DETAIL OF DETECTIVE - ANY MEMBER OF THE conduct, administration and performance of essential services
POLICE FORCE WHO IS QUALIFIED BY RANK of that department. We recommend that the compensation for
PURSUANT TO LAW, MAY BE DETAILED BY THE said position be fixed at the respective amount set forth in the
COMMISSIONER OF POLICE AS DETECTIVE AND ANY foregoing ordinance.
SUCH DETAIL MAY BE REVOKED BY THE That a personnel requisition incident to the creation of the
COMMISSIONER OF POLICE AT ANY TIME. THE above-mentioned position, containing a statement of the duties
MAXIMUM NUMBER OF SUCH DETAILS HEREIN for such position, has been filed with the Municipal Civil
AUTHORIZED AND THE RATE OF COMPENSATION Service Commission, and said Commission has approved and
PAYABLE TO EACH MEMBER OF THE POLICE FORCE certified the position title set forth in the foregoing ordinance as
WHILE SO DETAILED SHALL BE AS FOLLOWS: being the appropriate Civil Service title for the proposed
4 DETECTIVE AT THE RATE OF $47,728 PER ANNUM position.
18 Police Officer $ 34,057 - $ 46,045 APPROVED AS TO FORM
011-DETECTIVE BUREAU Michael B. Risman
DETAIL OF CHIEF OF HOMICIDE, ASSISTANT CHIEF OF Corporation Counsel
DETECTIVES, DETECTIVE SERGEANT AND DETECTIVE. REFERRED TO THE COMMITTEE ON CIVIL SERVICE
- ANY MEMBER OF THE POLICE FORCE WHO IS
QUALIFIED BY RANK PURSUANT TO LAW, MAY BE NO.204
DETAILED BY THE COMMISSIONER OF POLICE AS By: Ms. Gray
CHIEF OF HOMICIDE, ASSISTANT CHIEF OF "TESTINGOFPOLICEFORALCOHOLINTOXICATION
DETECTIVES, DETECTIVE SERGEANT, OR DETECTIVE PRIORTOTHEIRTOUROFDUTY"
Whereas: Residents and community leaders are the Division of Labor Relations to produce a User Fee
constantly complaining that some officers responding to calls Reduction Plan; and
for help, are under the influence of alcohol; and Be It Further Resolved That:
Whereas: The complainants have confirmed their The Committee on the Budget be requested to consider the
allegations by observing the officer's physical condition as well points raised in the body of this resolution and develop a User
as by the smell of alcohol on their breath; the same conditions Fee Reduction Plan to be submitted to the Common Council for
under which they arrest citizens for driving while intoxicated; its meeting of March 3, 1998.
and REFERRED TO THE COMMITTEE ON BUDGET AND THE
Whereas: The Buffalo Police Department must CORPORATION COUNSEL.
know that there are some serious violations of officers drinking
on duty and/or reporting to work while intoxicated, but has done NO.206
little to correct this situation; and By: Messrs. Helfer, Zuchlewski, Franczyk, Quintana, and
Whereas: Public safety, as well as officer safety, is Fontana, Mrs. LoTempio and Ms. Kavanaugh
in jeopardy by these officers; and SUPPORTCHARTERSCHOOLLEGISLATIONINNEW
Whereas: Police Departments around the nation YORKSTATE
have implemented on the spot testing and results. Whereas: In the mid-1980s, educators in California
Now, Therefore, Be It Resolved: began debating the idea of freeing teachers to create their own
That this Common Council requests that the Commissioner public schools; these debates proved to be the seeds of the
of the Buffalo Police Department file with this Council data charter school movement; and
reflecting the number of officers who have been cited, Whereas: Minnesota passed the nation's first
reprimanded or fired for alcohol related incidences; and charter school law in 1991 authorizing schools to operate
Be It Further Resolved: essentially free from most state regulations. The first charter
That this Honorable Body directs the Commissioner of school opened its doors in St. Paul, Minnesota, in September,
Police to present to this Council his plans on how he will 1992; and
address this issue; and Whereas: Since that time, 29 states, as well as the
Be It Finally Resolved: District of Columbia and Puerto Rico, have passed
That this Honorable Body supports the testing of police charter school laws. There are currently more than 800 charter
officers for alcohol intoxication/consumption prior to their tour of schools operating throughout the United States; this response
duty. is significant given the fact that the first charter school law was
REFERRED TO THE SPECIAL COMMITTEE ON POLICE enacted just seven years ago; and
REORGANIZATION/OVERSIGHT AND COMMISSIONER Whereas: New York State Governor George E.
OF POLICE. Pataki proposed charter school legislation to the New York
State Legislature during its 1997-1998 session; this legislation
NO.205 is currently before the education committees of both the State
By: Messrs. Helfer, Pitts, Mrs. LoTempio, Messrs. Brown Senate and Assembly; and
and Fontana Whereas: Parents, teachers, and/or community
REQUESTBUDGETCOMMITTEETORECONVENETOmembers, in conjunction with museums, educational
DEVELOPAUSERFEEREDUCTIONPLAN institutions, universities, corporations, not-for-profit
Whereas: It is a prime concern of the public and a organizations, and for-profit entities may cooperate to apply to
prime goal of the Mayor and the Common Council that the one of the chartering entities for permission to open a charter
City's garbage user fee be reduced as part of the 1998-99 school; and
budget; and Whereas: In the charter school environment, a
Whereas: In order to reduce the fee, an acceptable charter is often a legal document granting permission to a
plan must be implemented that simultaneously improves the group or individual to operate a public school; and
level of service while cutting the cost of collecting and Whereas: Charter organizers must submit a
disposing of garbage; and proposal with a clearly defined mission and goals, a solid
Whereas: This Council intends to develop such a administrative and financial structure, a comprehensive
plan while avoiding the pitfalls of earlier efforts, particularly the curricular plan, and an assessment plan to measure results, to
last minute submission of plans that are developed in a vacuum one or more of the state's chartering entities; and
and submitted without input from sanitation workers, the public Whereas: Once the chartering entity approves the
and other interested parties; and charter, the chartering entity then has the responsibility of
Whereas: The User Fee Reduction Plan must be monitoring the charter school's progress to ensure it meets its
developed with all options on the table, including: work rules; achievement goals; and
more efficient equipment; direct haul; garbage districts; the Whereas: Charter schools are accountable. A
operation of the transfer station; and methods that increase school can lose its charter at any time for violations of its
recycling such as "pay-as you-throw" pricing and recycling charter or the law, or if the school is not performing as
education; and promised; and
Whereas: This plan will allow the City's garbage Whereas: A charter's achievement standards are set
operation to be run as a business - cleaner, leaner, cost as equal to, or more often, above the state's average student
efficient, more effective and fully competitive with private achievement level. A charter school may also set additional
operations; and achievement goals such as reducing dropout rates; at the core
Whereas: This Council believes that, with a properly of every charter school proposal is the premise that, in
designed and implemented plan, the Street Sanitation exchange for a waiver of most state education regulations, the
Department should be able to offer the lowest cost service school will show at least satisfactory achievement by its
because of the natural advantages enjoyed by municipalities students; and
relative to taxes, interest costs and other factors; and Whereas: Charter schools are public, non-sectarian
Whereas: While the development of this plan is not schools; they are effective, creative, flexible, and responsive to
meant to subvert the formal union negotiating process, it is the needs of both students and parents. They must abide by
desired that the union come to the table prepared to discuss all health, safety, and civil rights laws; and
changes in work rules that may currently hinder productivity, for Whereas: Charter schools may not discriminate
the successful implementation of this plan will allow union based on gender, age, race, disability, intellectual ability,
workers to maintain their jobs from a competitive position of achievement, aptitude, athletic ability, national origin, religion,
strength into the foreseeable future; and ancestry, ethnicity, or district; and
Whereas: This Council believes, that by using a Whereas: Any child who is qualified under New York
proactive, team approach, it is possible to forge a plan that wins State law for admission to a public school is qualified for
on several fronts, including lower user fees, better service, admission to a charter school; in addition, charter schools
more customer satisfaction, higher recycling rates, and a cannot charge tuition; and
cleaner city environment; and Whereas: Charter schools are autonomous; they
Whereas: This plan must be submitted by the create competition with schools run by the local district, and
beginning of March in order to allow proposed changes to be they offer students, educators, and parents the opportunity to
integrated with the 1998-99 budget; work together to further educational goals; and
Now, Therefore, Be It Resolved That: Whereas: The decreased bureaucracy affords
This Common Council hereby requests the Committee on everyone involved with charter schools increased flexibility to
the Budget to reconvene and work with representatives from make educational innovations, including the possibility of
Local 264, Mayor Masiello, the Commissioners of extending both the school day and the school year and
Administration and Finance and Street Sanitation, the increasing community and parental involvement; and
Corporation Counsel, the Solid Waste Advisory Committee and Whereas: In February, 1997, the Buffalo Common
Council adopted a resolution which requested that the Greater REFERRED TO THE COMMITTEE ON BUDGET,
Buffalo Partnership conduct an analysis of charter schools, ADMINISTRATION AND FINANCE, AND THE
and report its findings and recommendations to this Honorable CORPORATION COUNSEL AND COMMISSIONER OF
Body; and ADMINISTRATION AND FINANCE
Whereas: In its report back to the Common Council,
the Greater Buffalo Partnership Analysis Team referred to NO.208
charter schools as "an attempt to encourage reform and By: Ms. Kavanaugh and Ms. Miller-Williams
innovation in the educational system" and as schools that DEMOLISHBUFFALOMEMORIALAUDITORIUM
"agree to meet specific achievement goals in education in Whereas: Although the Buffalo Memorial Auditorium
exchange for the freedom to choose how to meet these goals;" was formerly used for major sporting events, concerts, and
and other programs, it has stood vacant since the completion of the
Whereas: In his 1997 State of the Union Address, Marine Midland Arena; and
President Clinton vowed to expand the number of charter Whereas: The Buffalo Memorial Auditorium seems
schools to 3,000 by the year 2000. He said, "We should also to have outlived its functional usefulness; it costs the City of
make it possible for more parents and teachers to start charter Buffalo approximately $250,000 per year simply to perform the
schools, schools that set and meet the highest standards, and basic maintenance necessary to ensure that the building is in
exist only as long they do;" and compliance with various building regulatory ordinances; and
Whereas: President Clinton also stated, "I believe in Whereas: In response to a prior Council resolution,
charter schools and I believe that they are an important part of the City of Buffalo Department of Public Works estimated the
helping us to lift our standards, renew our schools, and achieve cost of demolishing the Buffalo Memorial Auditorium at $2.5
the kind of educational excellence that all of our children need million; and
for the 21st century;" Whereas: The Memorial Auditorium holds countless
Now, Therefore Be It Resolved: positive memories for Western New Yorkers; by salvaging the
That the Buffalo Common Council supports the concept of Auditorium's facade during demolition, we can maintain the
charter schools and asks that the New York State Legislature beauty of this building and preserve the memories which it
approve charter school legislation; and symbolizes; and
Be It Further Resolved: Whereas: Properties appropriate for development
If the proposed legislation is not approved for statewide along the Inner Harbor are at a premium; the land on which the
implementation during this legislative session, this Honorable Auditorium now stands is prime waterfront real estate and has
Body requests that, at a minimum, the New York State been suggested as the site for a future visitors center,
Legislature grant permission for Buffalo, New York to children's museum, transportation museum, intermodal
undertake a pilot charter school program; and transportation center, convention center or other structure to
Be It Finally Resolved: benefit the citizens of the City of Buffalo; and
That the City Clerk forward certified copies of this resolution Whereas: Erie County Executive Dennis Gorski has
to Governor George E. Pataki, Speaker of the Assembly earmarked $2 million for the purpose of demolishing the
Sheldon Silver, Senate Temporary President and Majority Memorial Auditorium; if this funding is used for this purpose, it
Leader Joseph Bruno, the members of the Western New York would enable the City to make great progress toward
delegation of both the Senate and Assembly, the members of developing the Inner Harbor and laying the groundwork for
the New York State Board of Regents, the State University of future Inner Harbor improvements;
New York at Buffalo Board of Trustees, the Buffalo State Now, Therefore, Be It Resolved:
College Board of Trustees, the Board of Trustees of Erie That the Common Council of the City of Buffalo hereby
Community College, and the Buffalo Board of Education. memorializes the Erie County Legislature to approve the $2
ADOPTED million which County Executive Gorski proposed for the
purpose of demolishing the Buffalo Memorial Auditorium; and
NO.207 Be It Further Resolved:
By: Ms. Kavanaugh, Messrs. Fontana, Zuchlewski, Helfer, That the facade of the Buffalo Memorial Auditorium be
Brown and Mrs. Williams salvaged for incorporation into the design of any structure
AMENDTAYLORLAW which is erected on this site in the future; and
Whereas: Although the Buffalo Common Council is Be It Further Resolved:
the final arbiter in most of the City of Buffalo's municipal This Honorable Body hereby authorizes the issuance of
arbitration, the City's public safety unions generally operate RFPs for the demolition of the Buffalo Memorial Auditorium;
under the umbrella of binding arbitration; and and
Whereas: Binding arbitration means that if the City Be It Finally Resolved:
Administration and the union in question cannot agree, an That the City of Buffalo Corporation Counsel and the Office
independent arbitrator settles the disagreement by issuing a of the Mayor are hereby designated to negotiate with the Erie
judgment by which all parties are bound; and County officials to secure the aforementioned $2 million for the
Whereas: It is frustrating for many City officials that purpose of demolishing the Buffalo Memorial Auditorium.
the municipality's ability to pay is not sufficiently factored into REFERRED TO THE COMMITTEE ON BUDGET, THE
the arbitrator's decision; and COMMISSIONER OF PUBLIC WORKS, CORPORATION
Whereas: In his 1997 Budget proposal, Governor COUNSEL, COMMISSIONER OF ADMINISTRATION AND
Pataki urged that a city's ability to pay be the primary factor FINANCE, AND THE COMMISSIONER OF COMMUNITY
weighed by arbitrators when considering negotiations; DEVELOPMENT.
unfortunately for Buffalo and other cities, this change was
never implemented; and NO.209
Whereas: The result is that the City of Buffalo faces By: Mrs. LoTempio
a $16 million budget gap in the 1998-1999 fiscal year; this gap Whereas: The Finance Committee on December 2,
is reported to be largely due to rulings made during binding 1997 (Item #7) was concerned about increasing revenues at
arbitration in December, 1997; North AmeriCare Park through better marketing, and
Now, Therefore be it Resolved: Whereas: The Director of the Stadium, Mr. Masiello
That the City of Buffalo Common Council memorialize the requested permission to do a pilot program for one year which
New York State Legislature to introduce legislation amending would allow him to waive rental fees while still covering
the Taylor Law to require arbitrators to consider a municipality's incremental costs such as maintenance, security and utilities,
ability to pay as a primary factor in their decisions; and and
Be it Further Resolved: Whereas: These fees have been waived on several
That the City of Buffalo Common Council further requests occasions on a case-by case basis for the benefit of the
that this legislation require the arbitrators to enumerate with community, and
specificity the basis for their decision regarding the City's ability Whereas: Increased usage with incremental costs
to pay; and covered would increase revenues by allowing the City to realize
Be it Further Resolved: 20% of concession revenue from non Bison events and 15%
That the Council staff set up a meeting to discuss these for Bison events.
issues with the Western New York Legislative delegation and Now Therefore be it Resolved:
interested members of the Buffalo Common Council; and That the Director of the Stadium be authorized to market the
Be it Finally Resolved: Stadium more effectively be limiting rental fees for the period of
That the City Clerk be directed to forward certified copies of April 1, 1998 to March 30, 1999 provided incremental costs are
this memorialization to the governor of New York State, the covered.
Clerk of the Assembly, the Secretary of the Senate, and to And Be It Further Resolved:
members of the Western New York Legislative delegation. That at the end of this authorized period the Director of
Stadium, Mr. Masiello, shall file with this Council a report expertise' in planning, code enforcement, law, zoning and
describing the success of this pilot program. permits; and
PASSED Be It Finally Resolved That:
AYES - 13 NOES - 0 The Task Force be charged with developing coherent zoning
provisions that provide a positive development climate on
NO.210 Elmwood Avenue while protecting the unique and community
By: Mr. Quintana centered flavor of this important commercial strip.
AMENDBUFFALOCODE:CHAPTER103,ARTICLE11, Mrs. LoTempio made a motion to approve the first resolve.
SUBSECTION103-11,"PLANS&SPECIFICATIONS"] Seconded by Mr. Coppola.
Whereas: Numerous problems and complaints have PASSED.
occurred as a result of contractors proceeding with ongoing AYES-13. NOES-0.
construction projects while not adhering to city approved plans Mrs. LoTempio now moved:
for a site; and That the second resolve be and the same hereby is adopted,
Whereas: Part of the problem may be that the City of and;
Buffalo requires two (2) sets of plans and specifications to be That the remainder of the item be referred to the Committee
filed with the City -- one (1) to be kept on file in the on Community Development, Corporation Counsel, and
Commissioner's office and one (1) to be kept on the job site; Commissioner of Community Development.
and ADOPTED.
Whereas: This often makes it difficult for the
inspectors viewing the site to compare the plans at the site with NO.212
the approved plans filed in the Commissioner's office, because By: Mr. Pitts
alterations in project plans for works in progress are not always EXTENDINTERIMFUNDINGFORBCTV
forwarded to appropriate personnel for review; and Whereas: At its meeting of September 30, 1997 the
Whereas: To help alleviate this problem and provide Common Council voted to issue a new Request For Proposals
for the proper completion of a construction job according to the for a Public Access TV operator; and
approved plans, it would be in the best interest of the city to Whereas: The Council also decided that, until such
request that three (3) sets of plans and specifications be filed time as the RFP process is completed, Buffalo Community
and approved; Television (BCTV) be granted a month to-month contract to
Now, Therefore, Be It Resolved: operate the public access center based upon the
That this Common Council requests the Law Department to recommendations of the Telecommunications Committee; and
prepare an amendment to the Buffalo Code: Ch. 103, "Building Whereas: This Common Council has authorized the
Construction & Demolition; Fire Prevention;" Article 11, Mayor to enter into an agreement with James Amato &
"Permits;" Subsection 103-1 1, "Plans & Specifications;" and Company, PC, to administer a receivership program for the
Be It Further Resolved: City's public access TV provider, Buffalo Community TV
That said amendment should read as follows: "No building (BCTV), at a cost of $700.00 a month with funds coming from
or structure of any size or character hereinafter referred to in the public access account, until such time as the City
this section shall be erected, placed, enlarged, altered, completes its public access TV operator Request For
repaired, or rebuilt until an application is filed with the Proposals process; and
Commissioner and until three (3) sets of plans and Whereas: Two responses to the RFP have been
specifications therefor have been filed with the Commissioner received, neither of which adequately addresses the City's
and approved by the Director of Buildings. A. permit issued by needs and concerns regarding public access TV; and
the Commissioner and one (1) approved set of plans shall be Whereas: The City should issue a new RFP and
kept on file with the Commissioner, one (1) approved set shall attempt to elicit more suitable responses; if that is not
be given to city building inspectors for their use, and one (1) successful other methods of ensuring a high level of public
approved set shall be kept on the job and available for access TV be explored;
inspection at all times until the work is completed." Now therefore be it resolved:
REFERRED TO THE COMMITTEE ON LEGISLATION, That funding for BCTV be extended through April 30, 1998
CORPORATION COUNSEL AND THE COMMISSIONER OF at the current level of expenditures; and
COMMUNITY DEVELOPMENT Be it further resolved:
That the Office of Telecommunications be directed to issue
NO.211 another Request-For-Proposals for a new public access TV
By: Messrs. Quintana and Coppola operator, and to aggressively seek responses from potential
MORATORIUMONPERMITSFORDEMOLITIONS operators.
PROJECTSONELMWOODAVENUEFROMTHE PASSED
SOUTHWESTCORNEROFWESTDELAVANTOVIRGINIAAYES - 13 NOES - 0
STREET
Whereas: The growth of Elmwood Avenue as a NO.213
unique, varied and valuable commercial strip has been one of By: Mr. Pitts and Mrs. LoTempio
the more positive developments in Buffalo's recent history; and CITYOFBUFFALO
Whereas: The character of Elmwood, particularly LOCALLAWNO-(1998)
between Virginia Street and the Southwest corner of West INTRODUCTORYNO.2(1998)
Delavan, is an important element in its success, and that A LOCAL LAW amending Section 265.3 of Article 13 -A of
character is defined largely by small, locally owned shops that the Charter of the City of Buffalo in relation to the qualifications
contribute to a strong sense of community; and of the Commissioner of General Services.
Whereas: The fact that Elmwood Avenue is split BE IT ENACTED BY THE COMMON COUNCIL OF THE
between four Council Districts gives this street a great deal of CITY OF BUFFALO AS FOLLOWS:
attention by the Council, but it also means that special care Section 1. That Article 13-A of the Charter of the City of
must be taken to coordinate planning and development efforts Buffalo, adopted pursuant to law, is hereby amended to read as
on this strip; and follows:
Whereas: Elmwood Avenue has recently been the Section 265.3. Qualifications of the Commissioner.
site of controversial plans for development by large commercial The commissioner shall either be a graduate from a
chains, and recognized college or university and [shall] have at least five
Whereas: These plans have mobilized community years of experience in management administration, or have an
residents and business leaders who value the uniqueness of equivalent combination of education, training and experience
Elmwood Avenue to call for comprehensive planning to provide sufficient to indicate ability to perform his or her duties. His or
a positive and coherent development climate for Elmwood; her qualifications shall be acceptable to the mayor.
Now, Therefore, Be It Resolved That: Section 2. This local law shall take effect immediately.
This Common Council hereby declares a three month IT IS HEREBY CERTIFIED, pursuant to Section 20 of the
moratorium on demolition on Elmwood from Virginia Street to Municipal Home Rule Law that the immediate passage of this
the Southwest corner of West Delavan, except as need for Local Law is necessary.
extenuating circumstances, and ANTHONY MASIELLO
Be It Further Resolved That: MAYOR
This Council requests the Department of Community APPROVED AS TO FORM
Development to quickly initiate a community based planning Michael B. Risman
process for Elmwood Avenue starting with the establishment of Corporation Counsel
a Task Force that includes community residents, local NOTE: Matter underlined is new,
business people, Councilmembers and city officials with matter in brackets [ ] to be
deleted. been forwarded to your Honorable Body for consideration.
LAID ON THE TABLE NOW, THEREFORE, BE IT RESOLVED:
1. That the City Clerk is hereby directed to publish the
NO.214 notice attached hereto and marked "Notice of Hearing" in the
BY: Mr. Pitts Buffalo News, no later than the 6th day of February 1998.
OPPOSINGUSEOFLASALLEPARK 2. That this Common Council will conduct a Public
FORSUPERSPANPLAZA Hearing on the matter stated in said "Notice of Hearing" at 2:00
WHEREAS: The current proposal to build a Super P.M. in the Council Chambers on the 17th of February, 1998.
Span Bridge would place the "Plaza" in LaSalle Park. This ADOPTED
concept while not touted to use the whole Park, would
realistically destroy the park; and NO.218
WHEREAS: The Super Span Bridge proposal has By- Mr. Zuchlewski, Mr. Franczyk and Ms. Kavanaugh
gathered a great deal of notoriety and support as a potential ORDINANCEAMENDMENT
signature project. However, the LaSalle Park use as well as CHAPTER168-ENVIRONMENTALREVIEW
unanswered questions about the concept have promoted The Common Council of the City of Buffalo does hereby
opposition from the community and City of Buffalo; and ordain as follows:
WHEREAS: The LaSalle Park Steering Committee and That Chapter 168 of the Code of the City of Buffalo be
the City of Buffalo have developed a Master Plan for LaSalle amended to read as follows:
Park. This plan would turn the park into a premier waterfront §168-1. Authority, Purpose and Intent
facility, especially enhancing its present uses; and A. This Chapter shall be known as the "Environmental
WHEREAS: This awaited Master Plan would be Review Ordinance."
thwarted by the proposed Super Span Plaza; and B. This Chapter is enacted pursuant to Article 8 of the
WHEREAS: In order to provide an opportunity to New York Environmental Conservation Law and 6 NYCRR 617,
determine the full potential of the proposed Super Span Bridge State Environmental Quality Review (SEQR) regulations.
both for the proponents and the City of Buffalo, the use of C. The basic purpose of this Chapter is to incorporate
LaSalle Park should be eliminated entirely. the consideration of environmental factors into the existing
NOW, THEREFORE BE IT RESOLVED: planning, review and decision-making processes of the City at
That the Common Council opposes the use of LaSalle Park the earliest possible time. To accomplish this goal this Chapter
for the Super Span Plaza; and requires that all agencies determine whether the actions they
BE IT FURTHER RESOLVED: directly undertake, fund or approve may have a significant
That the Common Council adopts the LaSalle Park Master impact on the environment, and, if it is determined that the
Plan. action may have a significant adverse impact, prepare or
ADOPTED request an environmental impact statement.
D. This Chapter shall supplement 6 NYCRR 617.
NO.215 Where there is a conflict between this Chapter and 6 NYCRR
By: Ms. Barbara Miller - Williams 617, 6 NYCRR 617 shall supersede this Chapter.
WAIVEPARADEPERMITFEE §168-2. Definitions
Whereas: To initiate April as Child Prevention As used in this Chapter, the following terms shall have the
Month, Holy Cross Head Start and the Community Action following meanings:
Organization of Erie County, Inc., have planned a March ACTIONS: 1. Projects or physical activities, such as
Against Child Abuse; and construction or other activities that may affect the environment
Whereas: On April 3, 1998, a parade marching from by changing the use, appearance or condition of any natural
Holy Cross Head Start, located at 150 Maryland, to the steps of resource or structure that: (i) are directly undertaken by an
City Hall will rally both children and adults to show their support agency; or (ii) involve funding by an agency; or (iii) require one
in preventing and ending child abuse; and or more new or modified approvals from any agency or
Whereas: This March is a show of cause and agencies.
support, and not a means of fundraising; 2. Agency planning and policy making activities that
Now, Therefore Be It Resolved: may affect the environment and commit the agency to a definite
That this Common Council waive the Parade Permit Fee of course of future decisions,
Fifty Dollars for the April 3rd March Against Child Abuse. 3. Adoption of agency rules, regulations and
PASSED procedures, including local laws, codes, ordinances, executive
AYES - 13 NOES - 0 orders and resolutions that may affect the environment, and
4. Any combination of the above.
NO.216 AGENCY: A state or local governmental unit,
By: Barbara A. Miller-Williams including but not limited to the Common Council, departments,
SETPUBLICHEARING divisions, agencies, commissions, boards and officers.
WATERFRONTREDEVELOPMENTPROJECTAREA"A" APPROVAL: A discretionary decision by an agency to
URBANRENEWALPLAN issue a permit, certificate, license, lease or other entitlement or
APPROVAL-CONTRACTFORSALEOFLAND to otherwise authorize a proposed project or activity.
WATERFRONTASSOCIATES CITY: The City of Buffalo.
WHEREAS, the City of Buffalo Urban Renewal Agency has ENVIRONMENTAL ASSESSMENT FORM (EAF): A form
negotiated a Contract for Sale of Land with Waterfront used by an agency to assist it in determining the environmental
Associates. significance or non-significance [or] of actions. A properly
WHEREAS, the terms of said Contract for Sale of Land has completed EAF must contain enough information to describe
been negotiated by the Buffalo Urban Renewal Agency and has the proposed action, its location, its purpose, and its potential
been forwarded to your Honorable Body for consideration. impacts on the environment.
NOW, THEREFORE, BE IT RESOLVED: ENVIRONMENTAL IMPACT STATEMENT (EIS): A written
1. That the City Clerk is hereby directed to publish the document which provides a means for agencies, project
notice attached hereto and marked "Notice of Hearing" in the sponsors and the public to systematically consider significant
Buffalo News, no later than the 6th day of February 1998. adverse environmental impacts, alternatives and mitigation. An
2. That this Common Council will conduct a Public Hearing EIS facilitates the weighing of social, economic and
on the matter stated in said "Notice of Hearing" at 2:00 P.M. in environmental factors early in the planning and [early] decision-
the Council Chambers on the 17th of making process.
February, 1998. LEAD AGENCY: An agency principally responsible for
ADOPTED undertaking, funding or approving an action, and therefore
responsible for determining whether an environmental impact
NO.217 statement is required in connection with the action and for
By: Barbara A. Miller-Williams preparation and filing of the statement if one is required.
SETPUBLICHEARING NEGATIVE DECLARATION: A written determination by a
SOUTHELLICOTTURBANRENEWALAREAPHASE2 lead agency that the implementation of the action as proposed
URBANRENEWALPLAN will not result in any significant adverse environmental impacts.
APPROVAL-CONTRACTFORSALEOFLAND POSITIVE DECLARATION: A written statement prepared
GRAPHICCONTROLS by the lead agency indicating that implementation of the action
WHEREAS, the City of Buffalo Urban Renewal Agency has as proposed may have a significant adverse impact on the
negotiated a Contract for Sale of Land with Graphic Controls. environment and that an environmental impact statement will be
WHEREAS, the terms of said Contract for Sale of Land has required. Positive declarations must be prepared, filed and
been negotiated by the Buffalo Urban Renewal Agency and has published in accordance with 6 NYCRR 617.7 and 617.12.
All other terms shall have the meaning as set forth in 6 c. Clear-cutting of trees.
NYCRR 617.2. d. New Construction, or a fifty percent (50%) or greater
§168-3. General Rules expansion of the following:
No agency involved in an action may undertake, fund or (i) Commercial facilities.
approve the action until it has complied with the provisions of (ii) Industrial facilities.
SEQR and this environmental review ordinance. The general (iii) Residential units.
rules shall be those found in 6 NYCRR 617.3. (iv) Public or private utility stations, sewage treatment
§168-4. Type I Actions plants, water facilities, waste water treatment facilities.
A. The purpose of the list of actions identified as Type I (v) Transportation terminals.
is to identify for City agencies, project sponsors and the public (vi) Parking lots.
those actions that may have a significant adverse impact on the (vii) Health care facilities such as hospitals and nursing
environment and that are more likely to require the preparation homes.
of an environmental impact statement than U[u]nlisted actions. 10. Removal of one-third (1/3) or more of all trees along
This Type I list is not exhaustive. However, the fact that an the length of a street frontage, without replacement (except as
action or project has been listed as Type I action carries with it provided from subdivision B (7) of this section).
the presumption that it is likely to have a significant [effect] 11. Reconstruction of any existing roadway (except as
adverse impact on the environment and may require an EIS. provided for in subdivision B (7) of this section), which
For all individual actions which are Type I or Unlisted, the would result in:
determination of significance must be made by comparing the a. A total widening of the pavement by two (2) or more
impacts which may be reasonably expected to result from the travel lanes.
proposed action with the criteria listed in 6 NYCRR [617.11] b. Any diminution of any unpaved median strip.
617.7(c). 12. The construction or fifty percent (50%) greater
B. The following actions are Type I if they are to be expansion of the following types of facilities wholly, partially
directly undertaken, funded or approved by an agency. The within, or substantially contiguous to a Critical Flood plain (500
Type I actions on this list are considered more likely to have a year):
significant [affect] adverse impact on the environment and may a. hospitals, schools, nursing homes, day care centers,
require the preparation of an EIS. Therefore, the procedural clinics;
requirements for Type I actions are more extensive than those b. liquefied natural gas terminals and facilities
of U[u]nlisted actions. producing and storing highly volatile, toxic, or water reactive
1 . Adoption of a land use plan, zoning regulations, a materials;
comprehensive resource management plan, master plan or c. facilities having emergency services, utilities, and
urban renewal plan. irreplaceable records.
2. Zoning changes affecting ten (10) or more acres of 13. Any U[u]nlisted action which exceeds a Type I
an affected district. threshold established by an involved agency pursuant to 6
3. Granting of a zoning change at the request of an NYCRR 617.14.
applicant for an action contained in this list. §168-5. Type H Actions
4. Acquisition, sale, lease or other transfer of fifty (50) A. Actions or classes of actions which have been
or more contiguous acres of land by a City agency. determined not to have a significant [effect] adverse impact on
5. Construction of one thousand (1,000) or more the environment are classified as Type 11 actions. They do not
residential units. require environmental impact statements or any other
6. Activities, other than the construction of residential determination or procedure under this Chapter.
facilities, which meet or exceed any of the following thresholds; B. The following are Type 11 actions:
or the expansion of existing nonresidential facilities by more 1 . The maintenance or repair involving no substantial
than 50 percent of any of the following thresholds: changes in an existing structure or facility.
a. a project or action which involves the physical 2. Replacement, rehabilitation or reconstruction of a
alteration of 10 acres; structure or facility, in kind, on the same site unless such
b. a project or action which would use ground or structure or facility meets or exceeds any of the thresholds in
surface water in excess of 2,000 gallons per day; (Type I Section 168-4). This includes the replacement of
c. parking of 1,000 vehicles; existing building fabric, structural or landscaping features with
d. construction of a facility with more than 240,000 new fabric which will exactly match existing conditions in terms
square feet of gross floor area; of materials, methods of construction, styles, designs and all
7. Any U[u]nlisted action (unless that action involves other features;
replacement in kind to exactly match existing building fabric, or 3. The granting of individual setback and lot line
existing historic landscape features, in terms of designs, styles, variances;
materials, and methods of construction[,] ) affecting or [4.] [Repaving of existing streets or highways not
occurring wholly, partially within or substantially contiguous to: involving the addition of new travel lanes]
(a) any historic district, site, individual building, object or 4. [5.] Street openings and right-of-way openings for the
archeological site that is listed on, the National Register of purpose of repair or maintenance of existing facilities,
Historic Places, or listed on the New York State Register of 5. [6.] Installation of traffic control devices on existing
Historic Places; (b) any historic district, site, individual building, street, roads, and highways;
object, or archeological site that has been proposed by the New 6. [7.] Construction or placement of minor structures
York State Board on Historic Preservation for a accessory or appurtenant to [existing facilities] residential
recommendation to the State Historic Preservation Officer for structures in accordance with existing zoning regulations,
nomination for inclusion in the National Register, or (c) any including garages, carports, patios, decks, tennis courts,
individual landmark building, district or site, designated as such storage sheds, signage, satellite dishes, home swimming
under the Buffalo Preservation Code (Chapter 337 of the Code pools, fences, barns or other buildings not changing land use
of the City of Buffalo). or density including upgrading of buildings to meet building or
8. Any U[u]nlisted action, which exceeds twenty-five fire codes. This provision does not include billboards or
percent (25%) of any threshold in this section, occurring wholly communications towers.
or partially within or substantially contiguous to any publicly 7. [8.] Maintenance of existing landscaping or natural
owned or operated parkland, recreation area or designated growth;
open space (except as provided for in subdivision B (7) of this 8. [9.] The disposition, including sale, lease or other
section -- Olmsted Parks & Parkways), including any site on transfer of City-owned property
the Register of National Natural Landmarks pursuant to 36 provided that such parcel is less than fifty (50) acres in size;
C.F.R. Part 62, 1986. 9. [10.] Street maintenance [including:], repair and/or
9. Any U[u]nlisted action which [may] affects or takes replacement including:
place wholly, partially within, or substantially contiguous to, land a. Street mining;
within the base flood plain (100 year), designated wetlands, b. Street resurfacing;
coastal zones, heavily wooded land or land identified by the c. Chip-sealing;
New York State Department of Environmental Conservation [as d. Curb replacement or repair;
contaminated, or possibly contaminated, by industrial waste] as e. Street construction within the existing right-of-way
being a site listed on the New York State Registry of Inactive not involving widening which would add travel lanes;
Hazardous Waste Sites, and which involve the following: f. Street rehabilitation;
a. Zoning variances, rezonings, site plan reviews, g- Sidewalk replacement or repairs;
amendments to Master Plans, Planning Board approvals or h. Street lighting repair;
issuance of a building permit. i. Street replacement;
b. New road construction. j. Repaving of existing streets or highways not
involving the addition of new travel lanes; 35. [36.] Adoption of a moratorium on [local] land
k. Water and sewer line repairs or replacements with development or construction.
minimal change in capacity. 36. [37.] Interpreting an existing code, rule or regulation.
10. [11.] Granting of an area variance(s) for a single family, 37. [38.] Designation of local landmarks or their inclusion
two family or three family residence. within historic districts.
11. [12.] Public or private best forest management practices 38. [39.] Emergency actions that are immediately necessary
on less than ten acres of land, but not including waste disposal, on a limited and temporary basis for the protection or
land clearing not directly related to forest management, clear-preservation of life, health, property or natural resources,
cutting or the application of herbicides or pesticides. provided that such actions are directly related to the emergency
12. [13.] Landscaping improvements within the public right-and are performed to cause the [lease] least change or
of-way, except as provided in Historic Districts and Olmsted disturbance, practicable under the circumstances, to the
Parks (as per Type I Section 168-4 (B)(7)). environment. Any decision to fund, approve or directly
13. [14.] Replacement of existing street furniture and play undertake other activities after the emergency has expired is
equipment for established parks and play grounds except as fully subject to the review procedures of this Chapter.
provided Historic Districts and Olmsted Parks (as per Type I 39. [40.] Grandfathered actions as set forth in 6 NYCRR
Section 168-4 (B)(7)). 617.5(c)(34).
14. [15.] Permits authorizing the conduct of temporary §168-6. Initial Review of Actions
private activities on the public streets. Procedures for the initial review of actions shall be as set
15. [16.] License agreements for the temporary use of public forth in 6 NYCRR 617.6(a).
park property involving groups of less than one thousand §168-7. Establishment of Lead Agency
(1000) people. A. Automatic Designation of Lead Agency
16. [17.] Issuance of certificates of occupancy. For [certain directly undertaken Type I and unlisted actions]
17. [18.] Mapping of existing roads, street, highways and Type I and Unlisted actions directly undertaken by the City or
uses. Type I and U[ulnlisted actions requiring permits or approval
18. [19.] Official Street Map amendments of the following when more than one City agency is involved, the lead agency
nature: shall automatically be:
a. Street dedications; 1 . CITY OF BUFFALO PLANNING BOARD - for the
b. Minor right-of-way changes (realignments), including following actions (except as provided for in subdivision 7 of this
reservations for future widening; and deletion of widening lines; section):
c. Street naming or name changes; a. Subdivision developments.
d. Street abandonments which involve unimproved b. Site Plan Review.
paper streets. c. Landfills.
19. [20.] Inspections and licensing activities relating to the d. Transit Station Site Plan Review
qualifications of individuals or businesses to engage in their 2. CITY OF BUFFALO COMMON COUNCIL - for the
business or profession; following actions (except as provided for in subdivision 7 of this
20. [21.] Sales of surplus City Property other than real section):
estate; a. Adoption of, and amendments to, the Charter and
21. [22.] Collective bargaining activities; Code of the City.
22. [23.] Investments by or on behalf of City agencies, b. Establishment of, and amendments to, Urban
pension systems or retirement systems; Renewal Plans.
23. [24.] Routine or continuing agency administration and c. Establishment of, and amendments to, City Master
management not including new programs or major reordering Plans.
or priorities; d. Actions undertaken wholly or partially within, or
24. [25.] License, lease and permit renewals or transfer of contiguous to, Coastal Special Review Districts (as per
ownership thereof, where there will be no material change in Chapter 511 of the Code of the City).
permit conditions in or the scope of permitted activities; e. Amendment or change in land use and development
25. [26.] Information collection including: basic data of ordinances and regulations.
collection and research; master plan study components; water f. Planned developments.
quality, and pollution studies; traffic counts; engineering g. Cluster developments.
studies; subsurface investigations, surveys and soils studies h. Official street map amendments.
that do not commit the agency to undertake, fund or approve I. Purchase, sale or lease of City owned property.
any Type I or U[u]nlisted action. 3. BUFFALO PRESERVATION BOARD - for the
26. [27.] Official acts of a ministerial nature involving no following actions (except as provided for in subdivision 7 of this
exercise of discretion, including building permits, and historic section):
preservation permits where issuance is predicated solely on the a. Actions occurring only within locally designated
applicant's compliance or non-compliance with the relevant historic districts, or affecting individual local landmarks and
local building or preservation code(s). sites, which requires a certificate of appropriateness, or other
27. [28.] Minor temporary uses of land having negligible or approval as per Chapter 337, and which involve any of the
no permanent effect on the environment. following:
28. [29.] The extension of utility distribution facilities, (i) the exterior restoration, renovation or reconstruction
including gas, electric, telephone, cable, water and sewer to of buildings;
render service in approved subdivision or in connection with (ii) the construction of exterior building additions;
any action on this list. (iii) exterior building demolitions;
29. [30.] Promulgation of regulations, policies, procedures, (iv) construction of new buildings, structures or other
and legislative decisions in connection with any Type 11 action facilities and site improvements.
in this section. 4. DEPARTMENT OF COMMUNITY
30. [31.] Conducting concurrent environmental, engineering, DEVELOPMENT - for the following actions (except as provided
economic feasibility and other studies and preliminary planning for in subdivision 7 of this section):
and budgetary processes necessary to the formulation of a a. Issuance of building and demolition pen-nits (except
proposal for action, provided those activities do not commit the as provided for in subdivision 3 of this section).
agency to commence, engage in or approve such action. b. Issuance of licenses.
31. [32.] Adoption of regulations, policies, procedures in c. Capital budget actions undertaken, or requiring
local legislative decisions in connection with any action on this approval, by the Department of Community Development.
list. 5. DEPARTMENT OF PUBLIC WORKS - for the
32. [33.] Purchase or sale of furnishings, equipment or following actions (except as provided in subdivisions 3 and 7 of
supplies, including surplus government property, other than the this section):
following: land, radioactive material, pesticides, herbicides or a. Construction of City owned buildings and facilities.
other hazardous materials. b. Renovation, restoration, rehabilitation, alterations of
33. [34.] Engaging in review of any part of an application to City-owned buildings, facilities and other property.
determine compliance with technical requirements, provided c. Renovation and expansion of existing, or installation
that no such determination entitles or permits the project of new street lights, water lines and street furniture.
sponsor to commence the action unless and until all d. Construction or reconstruction of roads, curbs and
requirements of this part have been fulfilled. sidewalks.
34. [35.] Civil or criminal enforcement proceedings, whether e. Construction, rehabilitation or expansion of parks
administrative or judicial, including a particular course of action and park facilities.
specifically required to be undertaken pursuant to a judgment f. Actions occurring within local historic districts or
or order, or the exercise of prosecutorial discretion. affecting local landmarks so designated under Chapter 337,
occurring wholly or partially within, or substantially contiguous Catherine Becker
to, any historic building, structure, district that is listed on or Deborah L. Mims
nominated to the National Register of Historic Places or that is Eugene N. Grzechowiak
listed on the State Register of Historic Places, provided that the Colleen C. Riches
Buffalo Preservation Board does not have jurisdiction under Frank L. Marks, Sr.
Chapter 337 and subdivision A(3) of this section. ADOPTED
6. BUFFALO MUNICIPAL HOUSING AUTHORITY -
for the following actions: NO.221
a. All public housing programs under Title I of the By: Mr. Zuchlewski
United States Housing Act of 1937 in accordance with Section APPOINTMENTS
26 (42 USC 1437x)(including mutual help programs). COMMISSIONEROFDEEDS
b. Assistance by the public housing agency under REQUIRED-PERFORMANCEOFPUBLICDUTIES
Section VIII of the United States Housing Act of 1937 except That the following persons are hereby appointed as
for assistance under 24 C.F.R. Part 886 as per Section 26 (42 Commissioner of Deeds for the term ending December
USC 1437x). 31,1999 , conditional upon the person so appointed certifying,
7. BUFFALO URBAN RENEWAL AGENCY - for the under oath, to their qualifications and filing same with the City
following actions: Clerk:
a. Actions involving funding by the United States Steven J. Golias
Department of Housing and Urban Development (HUD)(except Ada Jeanette Manke
as provided for in subdivision 6 of this section and except for ADOPTED
HUD special purpose grants).
B. Where there is no automatic designation, the COMMITTEEOFTHEWHOLE
procedures as set forth in 6 NYCRR 617.6(b) shall be followed.
[C.] [Lead agencies automatically designated pursuant to NO.222
this section shall perform a coordinated review for all unlisted APPT./REAPPT.VAR.DEPT.HEADS
actions and shall file a negative declaration pursuant to 6 (CCP#2-JANUARY20,1998)
NYCRR 617.18.] RE-APPOINTCOMMISSIONEROFFIRE
§168-8. Notice to the Buffalo Environmental Management Mrs. LoTempio moved that the Re-appointment of Cornelius
Commission (EMC) Keane as Commissioner of Fire be approved, seconded by Mr.
A. Whenever a full environmental assessment form is Zuchlewski.
required, the designated lead agency shall promptly notify the ADOPTED
EMC, notification shall include submission of a completed Part AYES - 13 NOES - 0
I EAF. APPOINTCOMMISSIONEROFGENERALSERVICES
B. The EMC shall be incorporated into all SEQR Mrs. LoTernpio moved that the Appointment of Matthew
notification and review procedures as set forth in 6 NYCRR Brown as Commissioner of General Services be approved,
617.12. seconded by Mr. Brown.
§168-9. Determining Significance ADOPTED
Procedures and criteria for determining significance shall be AYES - 13 NOES - 0
those set forth in 6 NYCRR RE-APPOINTCOMMISSIONEROFHUMANSERVICES
§168-10. Scoping PARKSANDRECREATION-
The scoping process shall be as set forth in 6 NYCRR Mrs. LoTempio moved that the Re-appointment of Daniel
617.8. Durawa as Commissioner of Human Services Parks and
§168-11. Preparation and Content of Environmental Recreation be approved, seconded by Mr. Franczyk.
Impact Statements ADOPTED
The procedures for preparing environmental impact AYES - 13 NOES - 0
statement (EIS) shall be as set forth in 6 NYCRR 617.9(a). RE-APPOINTCOMMISSIONEROFPUBLICWORKS
The content of EIS's shall be as set forth in 6 NYCRR Mrs. LoTempio moved that the Re-appointment of Joseph
617.9(b). Giambra as Commissioner of Public Works be approved,
§168-12. Generic Environmental Impact Statements seconded by Mr. Fontana.
The description, purpose and procedures for generic EIS's ADOPTED
shall be as set forth in 6 NYCRR 617. 1 0. AYES - 13 NOES - 0
§168-13. Decision Making and Finding Requirements RE-APPOINTCOMMISSIONEROFPOLICE
Decision-making and finding requirements shall be as set Mrs. LoTernpio moved that the Re-appointment of R. Gil
forth in 6 NYCRR 617.1 1. Kerlikowske as Commissioner of Police be approved,
§168-14. Document Preparation, Filing, Publication and seconded by Mr. Helfer.
Distribution ADOPTED
Document preparation, filing, publication and distribution AYES - BROWN, COPPOLA, FONTANA, FRANCZYK,
requirements shall be as set forth in 6 NYCRR 617.12. HELFER, KAVANAUGH, LOTEMPIO, MANLEY, PITTS,
§168-15. Fees and Costs QUINTANA, WILLIAMS, ZUCHLEWSKI- 12
Fees and costs for the preparation and review of draft and NOES - GRAY -1.
final EIS's shall be as set forth in 6 NYCRR 617.13. APPOINTCOMMISSIONEROFSTREETSAND
APPROVED AS TO FORM SANITATION
Michael B. Risman Mrs. LoTernpio moved that the Appointment of Paul Sullivan
Corporation Counsel as Commissioner of Streets and Sanitation be approved,
REFERRED TO THE COMMITTEE ON COMMUNITY seconded by Mr. Coppola.
DEVELOPMENT ADOPTED
AYES - 13 NOES - 0
NO.219 RE-APPOINTCOMMISSIONEROFADMINISTRATIONAND
By Mr. Zuchlewski FINANCE
FELICITATIONS/INMEMORIAM Mrs. LoTempio moved that the Re-appointment of Eva
Attached hereto are Felicitation and In Memoriam Hassett as Commissioner of Administration & Finance be
Resolutions sponsored by Members of the Common Council as approved, seconded by Mrs. Williams
indicated: ADOPTED
Felicitation for Christopher Brinson AYES - 13 NOES - 0
By Councilmember Brown APPOINTCOMMISSIONEROFCOMMUNITY
ADOPTED DEVELOPMENT
Mrs. LoTempio moved that the appointment of Joseph Ryan
NO.220 as Commissioner of Community Development be approved,
By: Mr. Zuchlewski seconded by Ms. Kavanaugh.
APPOINTMENTS ADOPTED
COMMISSIONEROFDEEDS AYES - 13 NOES - 0
That the following persons are hereby appointed as APPOINTCORPORATIONCOUNSEL
Commissioner of Deeds for the term ending December 31, Mrs. LoTempio moved that the appointment of Michael
1998 , conditional upon the person so appointed certifying Risman as Corporation Counsel be approved, seconded by Mr.
under oath to their qualifications and filing same with the City Manley.
Clerk: ADOPTED
Karen McNamara AYES - 13 NOES - 0
UNFINISHEDBUSINESS
NO.223
BONDRES.-$300,000-RECONSTRUCT
POLONIAHALL
(NO.220,C.C.P.,JAN.20,1998)
Mrs. LoTempio moved that the above item be taken from the
table.
Seconded by Mr. Franczyk.
CARRIED
Mrs. LoTempio now moved the approval of the above item.
Seconded by Mr. Franczyk.
PASSED
AYES - 13 NOES - 0
NO.224
BONDRES.-$30,000-RECONSTRUCTCRUCIALCOMM.
CTR.
(NO.221,C.C.P.,JAN.20,1998)
Mrs. LoTempio moved that the above item be taken from the
table.
Seconded by Mr. Franczyk
CARRIED
Mrs. LoTempio now moved the approval of the above item.
Seconded by Mr. Franczyk.
PASSED
AYES - 13 NOES - 0
NO.225
ANNOUNCEMENTOFCOMMITTEEMEETINGS
The foIlowing meetings are scheduled. All meetings are
held in the Council Chambers, 13th floor, City Hall, Buffalo,
New York, unless otherwise noted.
Regular Committees
Civil Service-Tuesday, February 10, 1998 at 9:30 A.M.
Finance-Tuesday, February 10, 1998 following Civil Service
Legislation-Tuesday, February 10, 1998 at 2:00 P.M.
Community Development-Wed., Feb. 11, 1998, 10:00 A.M.
Education- Wed., Feb. 11, 1998 at 2:00 P.M., Room 1417.
Ancillary Meetings
Budget-Thursday, Feb. 5, 1998 at 10:00 a.m., Room 1417.
Gretchen A. Pound
Council Reporter
NO.226
ADJOURNMENT
On a motion by Mrs. LoTempio, Seconded by Ms.
Kavanaugh the Council adjourned at 4:55 p.m.
CHARLES L. MICHAUX, III
CITY CLERK