HomeMy WebLinkAbout98-0217
No.(4)
COMMON COUNCIL
PROCEEDINGS
OF THE
CITY OF BUFFALO
FEBRUARY 17, 1998
MAYOR
Hon. Anthony M. Masiello
COMPTROLLER
Joel A. Giambra
COMMON COUNCIL
PRESIDENT OF THE COUNCIL
James W. Pitts
PRESIDENT PRO TEMPORE
David A. Franczyk
MAJORITY LEADER
Rosemarie Lo Tempio
COUNCILMEMBERS-AT-LARGE
Beverly Gray
Barbara Kavanaugh
Rosemarie LoTempio
DISTRICTCOUNCILMEMBERS
ALFRED T. COPPOLA - DELAWARE
BARBARA MILLER-WILLIAMS - ELLICOTT
DAVID A. FRANCZYK - FILLMORE
RICHARD A. FONTANA - LOVEJOY
BYRON BROWN - MASTEN
ROBERT QUINTANA - NIAGARA
DALE ZUCHLEWSKI - NORTH
DENNIS T. MANLEY - SOUTH
KEVIN J. HELFER - UNIVERSITY
REGULARCOMMITTEES
CIVIL SERVICE COMMITTEE: Beverly Gray,
Chairman, Alfred T. Coppola, Kevin J. Helfer, Barbra
Kavanaugh, Dennis T. Manley
CLAIMS COMMITTEE: Robert Quintana, Chairman,
Alfred T. Coppola, David Franczyk, Kevin J. Helfer, Barbara
Miller-williams, Members
COMMUNITY DEVELOPMENT COMMITTEE: Dale L.
Zuchlewski Chairman, Byron Brown, Richard A. Fontana,
Kevin J. Helfer, Rosemarie LoTempio, Barbara Miller-Williams
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, Barbra
Kavanaugh, Rosemarie LoTempio, Robert Quintana, Members
RULES COMMITTEE: James W. Pitts, Chairman Kevin
J. Helfer, Rosemarie LoTempio , Members
EDUCATION COMMITTEE: Barbra A. Kavanaugh
Chairman, Beverly Gray, Kevin J. Helfer, Barbara Miller-
Williams, Dale Zuchlewski Members
SPECIALCOMMITTEES
TELECOMMUNICATIONS COMMITTEE: James W.
Pitts, Chairman, Alfred T. Coppola, Richard A. Fontana,
Beverly Gray, Kevin J. Helfer
BUDGET COMMITTEE: Rosemarie LoTempio ,
Chairman, Byron Brown , Alfred T. Coppola, David Franczyk,
Kevin J. Helfer,
ERIE BASIN MARINA LEASE COMMITTEE: James
W. Pitts, Chairman, Alfred T. Coppola, Richard A. Fontana,
Kevin J. Helfer, Rosmarie LoTempio, Robert Quintana
POLICE REORGANIZATION COMMITTEE: Robert
Quintana, Chairman, Beverly Gray, Kevin J. Helfer, Rosemarie
LoTempio, Dennis T. Manley
CORPORATION PROCEEDINGS
COMMONCOUNCIL
CITYHALL-BUFFALO
TUESDAY,FEBRUARY17,1998 14222 as Treasurer of the Jesse Ketchum Memorial Fund.
AT2:00P.M. Ms. Prentiss presently serves as Director of the Mayor's
Community Schools Project and is very involved in Community
PRESENT - James W. Pitts President of the Council, School programs. Ms. Prentiss is active in various
and and Council Members Brown, Coppola, Fontana, organizations and received the 1995 William B. Hoyt Advocacy
Franczyk, Gray, Helfer, Kavanaugh, LoTempio,Manley, Award from Child and Family Services. Ms. Prentiss will
Pitts, Quintana and Zuchlewski - 13. replace Sheila Diebold as Trustee.
Mr. Keenan received a BS and MBA in Accounting from
ABSENT - Williams Canisius College. He is currently employed at M & T Bank.
Before that he worked 18 years in City of Buffalo, including
On a motion by Mrs. LoTempio, seconded by stints as Accountant, Fiscal Manager, Budget Examiner, Sr.
Mr.Fontana, the minutes of the stated meeting held on Budget Examiner and Director of Budget for eight years. Mr.
February 3, 1998 were approved. Keenan is also involved in various community organizations.
Mr. Keenan will replace Geraldine H. Sims as Treasurer.
FROMTHEMAYOR Based upon the above qualifications, I hereby certify that
Amy Prentiss and Thomas Keenan are fully qualified to perform
NO.1 the duties as Trustee and Treasurer of the Jesse Ketchum
MAYOR'SSTATEBUDGETANDLEGISLATIVEREQUEST, Memorial Fund.
1998-99 REFERRED TO THE COMMITTEE ON LEGISLATION,
Attached please find the Mayor's State Budget and CORPORATION COUNSEL, DIVISION OF COLLECTIONS
Legislative Request for the State's 1998-99 fiscal year. AND COMPTROLLER.
As you know, the City is asking that the State provide us with
an additional $16 million in aid for 1998-99 as compared to FROMTHEMAYOR-EXECUTIVEDEPARTMENT
1997-98; this is actually a $17.8 million increase over the FROMTHECITYPLANNINGBOARD
Governor's proposed budget.
We will be lobbying the State over the next few weeks, and NO.5
appreciate any assistance your Honorable Body can give us in 205ONEIDAST.
securing the aid. USEASADROP-INCENTER
I am available to answer questions as you need. (NO.109,CCP,2/3/98)
REFERRED TO THE COMMITTEE ON BUDGET. The City Planning Board at its regular meeting held Tuesday,
February 10, 1998 considered the matter captioned above
NO.2 pursuant to Section 511-136 of the Buffalo Code, “Human
APPOINTMENTOFMEMBERTOTHE Service Facilities."
BUFFALOURBANRENEWALAGENCY The applicant seeks to use a single family residence as a
Pursuant to Section 639 of the General Municipal Law, I drop-in center with counseling services. The Planning Board
hereby appoint Rodney Richardson, residing at 688 Crescent members had concerns with regards to building code
Avenue, Buffalo, New York 14216 as a member of the City of requirements since the applicant may service up to fifty
Buffalo Urban Renewal Agency. children and adults in the building at any given time. Under
Mr. Richardson is Vice-President and Regional Community SEQR the proposed drop-in center is considered an unlisted
Development Manager of Fleet Bank of New York, Buffalo, action which may be studied through uncoordinated review.
New York. He has held various managerial assignments with The City Planning Board voted to deny the proposed drop-in
Fleet Bank since 1971 to the present. Rodney Richardson is center.
very involved in community organizations, and has received RECEIVED AND FILED.
numerous awards for his active participation, such as United
Way Voluntary Community Service Award, NAACP Community NO.6
Service Award, Black Achievers in Industry, etc. 1563-1569HERTEL
Mr. Richardson is a member of the Greater Buffalo SIT-INRESTAURANT
Partnership, Buffalo Urban League, Inc., National Association The City Planning Board at its regular meeting held Tuesday,
of Urban Bankers/Buffalo Chapter, St. Peter Claver Youth February 10, 1998 considered the matter captioned above
Program, Inc., One Hundred Black Men Inc., etc. pursuant to Section 511-59 of the Buffalo Code, "Hertel
I hereby certify that the above named individual is fully Avenue District."
qualified to serve as a member of the Buffalo Urban Renewal The applicant seeks to convert a former florist shop into a sit-
Agency. in restaurant. Parking will be provided in neighboring lots.
REFERRED TO THE COMMITTEE ON LEGISLATION, Under SEQR the proposed restaurant is considered an
CORPORATION COUNSEL, DIVISION OF COLLECTIONS unlisted action which may be studied through uncoordinated
AND COMPTROLLER. review.
The City Planning Board voted to approve the proposed
NO.3 restaurant.
RE-APPOINTMENTOFMEMBERSTOTHE RECEIVED AND FILED.
CITYPLANNINGBOARD
Pursuant to the powers vested in me by Section 316 of the NO.7
City of Buffalo, I hereby re-appoint the following individuals to 2697MAINST.
the City Planning Board: CONVERTSPEECHCENTERINTO
Rev. S. Theodore Berg 1974 Seneca Street Buffalo 14210 AWALK-INCLINIC
Father Berg's term will expire OCTOBER 9, 2000. (NO.113,CCP,2/3/98)
James K. Morrell 65 Durham Avenue Buffalo 14215 The City Planning Board at its regular meeting held Tuesday,
Mr. Morrell's term will expire OCTOBER 9, 2000. February 10, 1998 considered the matter captioned above
I hereby certify that the above named individuals are fully pursuant to Section 511-136 of the Buffalo Code, "Human
qualified to serve as members of the City Planning Board. Service Facilities."
REFERRED TO THE COMMITTEE ON LEGISLATION, The applicant seeks to convert a former speech center into a
CORPORATION COUNSEL, DIVISION OF COLLECTIONS walk-in clinic for planned parenthood. The Planning Board
AND COMPTROLLER. members found no concentration of these uses in the area.
Under SEQR the proposed walk-in clinic is considered an
NO.4 unlisted action which may be studied through uncoordinated
APPOINTMENTOFTRUSTEEANDTREASURERTOTHE review.
JESSEKETCHUMMEMORIALFUND The City Planning Board voted to approve the proposed walk-
The deed of trust of Barnabas Hazlitt Brennan, dated in clinic.
September 7, 1871, creating the Jesse Ketchum Memorial RECEIVED AND FILED.
Fund, provides that said Fund shall be administered by five
Trustees, including the Mayor and Superintendent of Education NO.8
and the vacancies in the three remaining offices of Trustee 9CITYSHIPCANAL
shall be filled by the Common Council upon the nomination of BILLBOARDSIGN
the Mayor. The City Planning Board at its regular meeting held Tuesday,
Pursuant to the provisions of the aforesaid deed of trust, I February 10, 1998 considered the matter captioned above
hereby nominate Amy Prentiss, residing at 195 Crestwood pursuant to Section 387-19 of the Buffalo Code, "Application
Avenue, Buffalo, New York 14216, as Trustee and Thomas for ground signs, pole signs and billboards."
Keenan residing at 34 Lancaster Avenue, Buffalo, New York The applicant seeks to erect an illuminated 14’x48’x100’
billboard sign. The sign will be located on the east side of
Fuhrmann Blvd. outside the coastal review boundaries. Under NO.12
SEQR the proposed sign is considered an unlisted action CERTIFICATEOFNECESSITY
which may be studied through uncoordinated review. TRANSFEROFFUNDS
The City Planning Board voted to approve the proposed sign. COMMONCOUNCIL
REFERRED TO THE COMMITTEE ON LEGISLATION. We, Anthony M. Masiello, Mayor and Joel A. Giambra,
Comptroller, do hereby certify, pursuant to Section 42 of the
FROMTHEBOARDOFETHICS Charter, that it is necessary that the sum of $13,500 be
transferred and reappropriated within the Common Council, as
NO.9 set forth below:
APPROVALOFATTACHEDMINUTES. From:
BOARDOFETHICSMINUTESNOVEMBER21,1997,100 General Fund
DECEMBER16,1997ANDJANUARY13,1998 010 - Common Council
REFERRED TO THE COMMITTEE ON LEGISLATION. 009 - Councilmember Helfer
110 - Salaries - Regular $13,500
NO.10 To:
OPP.EXPAN.DISCLOSUREREQUIREMENTSTOALL100 General Fund
CITYEMPLOYEES(BD.ETHICS) 010 - Common Council
(C.C.P.,1/20/98NO.8) 001 - Legislative
In response to your letter of January 27, you asked how 112 - Temporary Services to Fund Interns $13,500
much funding and staff would the Board of Ethics or the City RECEIVED AND FILED.
Clerk's office need to effectively administer collection of
disclosure forms for all City employees. My office would NO.13
require at least one additional full-time staff person solely to CERTIFICATEOFNECESSITY
monitor collection of these disclosure forms from all City TRANSFEROFFUNDS
employees, as well as the cost of printing additional forms, COMMONCOUNCIL
sending notices (some by registered mail) to employees who We, Anthony M. Masiello, Mayor ,and Joel A. Giambra,
failed to file in a timely manner, and conducting hearings for Comptroller, do hereby certify, pursuant to Section 42 of the
those employees who fail to file. For example, in the first year Charter, that it is necessary that the sum of S10,000 be
of an expansion to the entire City workforce, there probably will transferred and reappropriated within the Common Council, as
be some confusion and noncompliance, thus increasing our set forth below:
costs in time and money in notices and hearings to enforce the From:
new requirement. Furthermore, since we use the Department 100 General Fund
of Law to assist in enforcement activities (such as sending 010 - Common Council
notice letters, conducting hearings), that department may need 001 - Legislative
additional staff and resources to deal with enforcement and 110 - Salaries - Regular (Leg. Assts.) $10,000
compliance issues from an expanded pool of City employees. To:
You next asked how many City employees file disclosure 100 General Fund
statements and how many employees do not. Currently, the 010 - Common Council
Board of Ethics receives disclosure forms from approximately 085 - Exempt Items
800 persons, including designated City employees and City 982 - Operating, Equipment (upgrade computers, printers for
board members. If applied to the entire City workforce, a total Fraczyk, Fontana, Staff) $10,000
of over 4,000 forms would have to be collected. RECEIVED AND FILED.
Finally, you ask for the Board of Ethics' position on
mandatory filing of disclosure statements by all City employees. NO.14
For the logistical reasons stated in Judge Roberts letter of CERTIFICATEOFNECESSITY
January 13, 1998 (C.C.P., 1/20/98, No. 8), the Board opposes TRANSFEROFFUNDS
extending the disclosure requirement to all employees. The COMMONCOUNCIL
purpose of disclosure statements are to reveal the interests of We, Anthony M. Masiello, Mayor and Joel A. Giambra,
City officials and employees who are in positions of discretion Comptroller, do hereby certify, pursuant to Section 42 of tile
and substance such that their actions may be compromised by Charter, that it is necessary that the SUM Of $577 be
conflicts of interest. The vast majority of City employees do not transferred and reappropriated within the Common Council, as
fit into that category. Determinations of the employees who set forth below:
ought to file disclosure statements is best left to the department From:
heads to determine whether their personnel, on a case-by-100 General Fund
case, basis exercise a substantial degree of discretion in 010 - Con-ii-non Council 1
financial or regulatory transactions with private entities or are 002 - Councilmember Williams
exempt or unclassified employees, as presently stated in §§ 110 - Salaries - Regular $577
12-3 and 12-7 of the Code of Ethics. To:
REFERRED TO THE COMMITTEE ON LEGISLATION. 100 General Fund
010 - Common Council
FROMTHECOMPTROLLER 085 - Exempt Items
982 -Operating Equipment
NO.11 (upgrade computer equipment) $577
CERTIFICATEOFNECESSITY RECEIVED AND FILED.
INCREASEDAPPROPRIATIONS
CITYREVENUE NO.15
DIVISIONOFCOLLECTIONS CERTIFICATEOFDETERMINATION
We, Anthony M. Masiello, Mayor and Joel A. Giambra, $27,335,000REFUNDINGBONDSALE
Comptroller, do hereby certify pursuant to Section 41 of the REFUNDINGSERIALBONDS-1998-C
Charter, that an increase in the sum of $40,000 the estimates Certificate of Determination by the Comptroller determining
for the fiscal year beginning July 1, 1997 is necessary In the terms, form and details of sale and issuance of
Appropriation Allotments - Department of Audit and Control, $27,335,000 Refunding Serial Bonds-1998-C of the City of
Division of Collections, to meet a contingency which could not Buffalo, New York, and providing for the private sale thereof.
have been reasonably foreseen when the budget was adopted. The Bonds are hereby sold at private sale to Advest, Inc.,
The amount of increased appropriation will be met from an New York, New York, as Managing Underwriter on behalf of
increase of $40,000 in the General Fund City Revenue account itself and other underwriters pursuant to the Contract of
100-04-4, 402-30020 Charges for Collection Services not Purchase dated January 28, 1998, between said Managing
otherwise appropriated for any other purpose. The detail of the Underwriter and the City. The bonds will be dated February 1,
requirements are set forth below: 1998 and will bear interest at the rate(s) per annum specified
To: by the underwriters therefor in accordance herewith, payable on
100 General Fund June 1, 1998, December 1, 1998 and semiannually thereafter
044 - Division of Collections on the first days of June and December in each year until
001 - Collections maturity.
570 - Financial and Accounting Services S40,000 The Bonds will be delivered and shall be paid for on or about
Dated: Buffalo, NY, February 2, 1998 February 12, 1998 in New York, New York.
RECEIVED AND FILED. An Official Statement may be obtained by the offices of the
financial advisor to the City, Government Finance Associates, Byron W. Brown Masten District Council Member 1414 City
Inc. of New York, in New York, at (212)635-5900, or the office Hall Buffalo, NY 14202
of the Comptroller, Room 1225 City Hall, Buffalo, New York, at ADOPTED.
(716)8515255.
RECEIVED AND FILED. FROMTHECOMMISSIONEROFASSESSMENT
NO.16 NO.20
CERTIFICATEOFDETERMINATION CERTIORARIPROCEEDINGS
$41,655,000BONDSALE 1997-98FISCALYEAR
Certificate of Determination by the Comptroller determining 487BUSTIAVENUE,LIMITED
the terms, form and details of issuance of (1) $35,980,000 11FARGOAVENUE
General Improvement Serial Bonds 1998-A and (2) $5,675,000 This is to advise that the owner, 487 Busti Avenue, Ltd.
School Serial Bonds 1998-B of the City of Buffalo, New York, instituted certiorari proceedings on 11 Fargo Avenue, Buffalo,
aggregating $41,655,000 and providing for the private sale New York regarding the assessment for the fiscal year 1997-
thereof. 98.
The Bonds are hereby sold at private sale to Advest, Inc., The assessment was reviewed by this Department and the
New York, New York, as Managing Underwriter on behalf of owner expressed a willingness to settle this proceeding. The
itself and other underwriters pursuant to the Contract of final assessment for such fiscal year was $38,000. The owner
Purchase dated January 28, 1998, between said Managing is agreeable to a settlement which would result in a reduction to
Underwriter and the City. The bonds of both issues will be $15,000 for fiscal year 1997-98. The 1997-98 city tax on
dated February 1, 1998 and will bear interest at the rate(s) per $38,000 was $1,485.68. The tax on $15,000 would have been
annum specified by the underwriters therefor in accordance $586.44, a reduction of $899.24.
herewith, payable on August 1, 1998 and semiannually Based upon a review of the current market value of the
thereafter on the first day of February and August in each year property, I feel this settlement would be in the best interest of
until maturity. the City. I recommend, therefore, this settlement, in which the
The Bonds will be delivered and shall be paid for on or about Department of Law concurs.
February 12, 1998 in New York, New York. The proposed settlement is subject to the approval of Your
An Official Statement may be obtained by the offices of the Honorable Body. I therefore hereby request that the Acting
financial advisor to the City, Government Finance Associates, Corporation Counsel be authorized to settle the 1997-98
Inc. of New York, in New York, at (212)635-5900, or the office certiorari proceeding on 11 Fargo Avenue by reducing the
of the Comptroller, Room 1225 City Hall, Buffalo, New York, at 1997-98 assessment from $38,000 to $15,000.
(716)8515255. RECEIVED AND FILED.
RECEIVED AND FILED.
NO.21
NO.17 CERTIORARIPROCEEDINGS
ACQUIRE1787CLINTONFOR 1997-98FISCALYEAR
MACHNICACOMMUNITYCENTER VACANTI-200MILITARYROAD
The Department of Public Works has advised the This is to advise that the owner, Donald Vacanti, instituted
Comptroller's Office, Division of Real Estate, that they intend to certiorari proceedings on 200 Military Road, Buffalo, New York
replace the current Peter Machnica Community Center (1 799 regarding the assessment for the fiscal year 1997-98.
Clinton Street) with an upgraded facility. In order to accomplish The assessment was reviewed by this Department and the
the developed scheme, the City would have to purchase owner expressed a willingness to settle this proceeding. The
improved parcels located at 1787 & 1797 Clinton Street. final assessment for such fiscal year was $393,500. The
The property located at 1787 Clinton Street is owned by owner is agreeable to a settlement which would result in a
Samuel J. Ciccia, Jr. The subject property is situated on a reduction to $320,000 for fiscal year 1997-98. The 1997-98
parcel of land 35' X 130’ with a total assessed valuation of city tax on $393,500 was $15,384.58. The tax on $320,000
$82,000. It consists of a two-story, wood frame retail building would have been $12,510.96, a reduction of $2,873.62.
with a second floor apartment. The improvement has 4,480 Based upon a review of the current market value of the
gross square feet and the is situated on a 4,550 square feet property, I feel this settlement would be in the best interest of
parcel of land. the City. I recommend, therefore, this settlement, in which the
Upon receipt of two independent appraisal reports, an offer Department of Law concurs.
was made in the amount of One Hundred Twelve Thousand The proposed settlement is subject to the approval of Your
Dollars($112,000). The City's offer was prepared in Honorable Body. I therefore hereby request that the Acting
accordance with Eminent Domain Procedure Law and Corporation Counsel be authorized to settle the 1997-98
represents the highest appraisal of the property received by the certiorari proceeding on 200 Military Road by reducing the
City. 1997-98 assessment from $393,500 to $320,000.
After numerous letters and discussions with Mr. Morrision, RECEIVED AND FILED.
the lawyer on behalf of Mr. Cicca, has expressed his
unwillingness to accept our offer. It is unlikely that an NO.22
acceptable compromise will be reached with the owner of the CERTIFICATEOFAPPOINTMENT
property and/or his representative. Appointment effective February 9, 1998 in the Department of
Therefore, I am recommending that the Common Council Assessment to the Position of Account Clerk, Provisional at
now consider authorizing the Corporation Counsel to proceed the: Maximum starting salary of $25,495
with the acquisition of 1787 Clinton Street through Eminent Joanne F. Milioto 102 Richmond Avenue Buffalo, NY 14222
Domain Procedure Law. REFERRED TO THE COMMITTEE ON CML SERVICE.
Mrs. LoTempio moved:
That the Corporation Counsel be, and he hereby is, authorized FROMTHECOMMISSIONEROFPUBLICWORKS
to proceed with the acquisition of 1787 Clinton Street through
Eminent Domain Procedure Law. NO.23
PASSED. ACCEPTANCEOFGRANT
AYES - 12. NOES - 0. MULTI-MODALPROGRAM
The New York State Department of Transportation has
NO.18 informed us that we have been designated to receive funding
CERTIFICATEOFAPPOINTMENT for Capital Project (s) through the Multi-Modal Program. The
Appointment effective February 9, 1998 In the Department of total amount of this grant is $1,861,260 and covers 15 separate
Audit and Control Division of Audit to the Position of Senior projects. A copy of the notification letter is attached; the
Auditor Temporary at the Maximum salary of $37,312 qualified projects are identified therein.
Gloria A. Schiavone 3 Hecla Street Buffalo, NY 14216 I therefore request permission from Your Honorable Body to
REFERRED TO THE COMMITTEE ON CIVIL SERVICE accept this grant and to allow the Commissioner of Public
Works to enter into agreement with the New York State
FROMTHEPRESIDENTOFTHECOUNCIL Department of Transportation, for all agreements necessary for
these projects.
NO.19 MRS LOTEMPIO moved:
APPOINTMENTTOTHEERIECOUNTYPERMANENT That the commissioner of Public Works be and he hereby is
HUMANSERVICESSITINGCOMMITTEE authorized to accept a NYS Department of Transportation grant
I hereby appoint the following individual to the Erie County for the Multi-Modal program and to enter into agreements with
Permanent Human Services Siting Committee: the NYS Department of Transportation.
PASSED.
AYES - 12. NOES - 0. NO.27
REPORTOFINFORMALBIDS
NO.24 REPAIROF8"STORMDRAIN
PERMISSIONTOPREPAREPLANS&SPECIFICATIONSDPWMAINTENANCEGARAGE
ANDADVERTISEFORPROPOSALSFORTHE1120SENECASTREET
RECONSTRUCTIONOFVARIOUSSTREETS-1998 The Department of Public Works solicited and received
ITEMNO.151,C.C.P.9/2/97 informal plumbing bids for repair of an 8"
I hereby request permission from Your Honorable Body to horizontal storm drain pipe at 1120 Seneca Street as follows:
prepare plans, specifications and advertise for sealed 1. Carino Plumbing $7,500.00
proposals for the Reconstruction of Various Streets - 1998. 419 Auburn Avenue, Buffalo, NY 14213
This project will include the reconstruction of City streets on 2. Joseph Davis Mechanical Services $7,825.00
a City-wide basis, as follows 1374 Clinton Street, Buffalo, NY 14206
Project Cost 3. Sander Buscher Plumbing Heating $7,925.00 890
1. Resurfacing City Pavements 1998, Grp 461 $900,000.00 Tonawanda Street, Buffalo, NY 14207
2. Heater/Scarifying City Pvmnts 1998, Grp 462 $500,000.00 Permission is requested from your Honorable Body to award
3.) Cold Milling City Pvmnts 1998, Grp 466 150,000.00 a contact to Carino Plumbing in the amount of $7,500.00 in
$
accordance with their low bid.
4. Repair to City Manholes - 1998, Grp 464 $150,000.00
Funds for this work are available in Bond Fund #201-401-
Total Cost $1,700,000.00
005.
These projects were approved as part of the 1997-98 Capital
Mrs. LoTempio moved:
Improvements Budget.
That the above communication from the Commissioner of
Mrs. LoTempio moved:
Public Works dated February 12, 1998, be received and filed;
That the above communication from the Commissioner of
and
Public Works dated February 8, 1998 be received and filed;
That the Commissioner of Public Works be, and he hereby is
and
authorized to award a contract for Repair of 8" Storm Drain -
That the Commissioner of Public Works be, and he hereby is
DPW Maintenance Garage, II 20 Seneca Street, to Carino
authorized to prepare plans, specifications and advertise for
Plumbing, the lowest responsible bidder in the amount of
scaled proposals for the Reconstruction of Various Streets -
$7,500.00, with said cost to be charged to Bond Fund #201-
1998. These projects were approved as part of the 1997-98
401-005.
Capital Improvements Budget.
PASSED.
Passed.
AYES - 12. NOES - 0.
AYES - 12. NOES - 0.
NO.28
NO.25
REPORTOFBIDS
PERMISSIONTOENGAGECONSULTANT
FILTRATIONPLANTROOFIMPROVEMENTS
RECONSTRUCTIONOFVARIOUSCOMMUNITY
CONTRACTNO.13
CENTERS
As authorized by your Honorable Body in Common Council
I respectfully request Your Honorable Body's permission to
Proceeding No. 109 of October 28, 1997 plans and
engage an Architectural/ Engineering Consultant to prepare
specifications were prepared and sealed proposals accepted
plans, specifications, advertise and receive proposals for the
for Filtration Plant Roof Improvements - Contract No. 13.
reconstruction of various community centers (North Buffalo
I submit the following report of all bids received which were
Community Center, Carmichael Community Center, Ulinski
opened in my office at 11:00 a.m. on January 28, 1998:
Community Center, Dulski, Community Center, CRUCIAL,
Jameson Roofing Company, Inc.
Polonia Hall & Hennepin Community Center as funded in the
3761 East Lake Road
1997-98 Capital Budget).
Dunkirk, New York 14048 $ 246,987.00
Funds for this work will be available in CPF 202-402.
Joseph A. Sanders & Sons, Inc.
Mrs. LoTempio moved:
PO Box 814
That the above communication from the Commissioner of
Buffalo, New York 14240 $ 262,306.00
Public Works dated February 5, 1998 be received and filed;
McGonigle & Hilger Roofing Company
and
519 Mill Street, PO Box 546
That the Commissioner of Public Works be, and he hereby is
Lockport, New York 14095 $ 275,552.00
authorized to engage an Architectural/Engineering Consultant
Progressive Roofing, Inc.
to prepare plans, specifications and advertise and receive
331 Grote Street
proposals for the reconstruction of various community centers,
Buffalo, New York 14207 $ 286,748.00
as funded in the 1997-98 Capital Budget. Funds for these
All Weather Contractors, Inc.
projects are available in CPF 202-402.
510 Ellicott Road
PASSED.
Cheektowaga, New York 14227 $ 295,080.00
AYES - 12. NOES - 0.
Collingwood Construction Corp.
2670 Millersport Highway
NO.26
Getzville, New York 14068 $ 297,496.00
PERMISSIONTOENGAGESERVICES
I certify that the foregoing is a true and correct statement of
CONSULTINGENGINEER
all bids received and that Jameson Roofing Company, Inc.,
MILITARYROADWATERMAINREPLACEMENT
3761 East Lake Road, Dunkirk, New York is the lowest
It is hereby respectfully requested that your Honorable Body
responsible bidder complying with the plans and specifications
authorize the Commissioner of Public Works to engage the
for Filtration Plant Roof Improvements, Contract No. 13 with
services of a Consulting Engineer to design a watermain
their bid in the amount of $246,987.00.
replacement and watermain repair on Military Road from
I respectfully request that your Honorable Body authorize the
Chandler Street to Hinman Avenue.
Commissioner of Public works to enter into a contract with
The existing watermains were installed in the 1890's and
Jameson Roofing Company, Inc. in the amount of $246,987.00
have been repaired several times in recent years. Because of
plus approved unit prices for an additional $24,698.70 for a
this and because of the road reconstruction project scheduled
total encumbrance in the amount of $271,685.70 to be charged
to begin in the Spring of 1999, the Division of Water plans to
to the Division of Water's Capital Project Account.
design and construct the work this year.
The Engineer's estimate for this project was $276,000.00.
The estimated cost for this work is $1,000,000.00. Funds are
Mrs LoTempio moved:
available in the Division of Water's Capital Projects Account.
That the above communication from the Commissioner of
Mrs. LoTempio moved:
Public Works dated February 6, 1998, be received and filed-
That the above communication from the Commissioner of
and
Public Works dated February 10, 1998 be received and filed;
That the Commissioner of Public Works be, and he hereby is
and
authorized to award a contract for Filtration Plant
That the Commissioner of Public Works be, and he hereby is
Improvements, Contract No. 13, to Jameson Roofing
authorized to engage the services of a Consulting Engineer to
Company, Inc., the lowest responsible bidder, in the amount of
design a watermain replacement and watermain repair on
$246,987.00 plus approved unit prices for an additional
Military Road from Chandler Street to Hinman Avenue. Funds
$24,698.70 for a total encumbrance in the amount of
for this project are available in the Division of Water's Capital
$271,685.70. Funds for this project are available in the Division
Projects Account.
of Water's Capital Project Account.
PASSED.
PASSED.
AYES - 12. NOES - 0.
AYES - 12 NOES - 0. I certify that the foregoing is a true and correct statement of
all bids received and that Firstrhyme Construction Corp., Inc.,
NO.29 79 Sheldon Avenue, Depew, New York 14043 is the lowest
REPORTOFBIDS responsible bidder complying with the plans-and specifications
FILTRATIONPLANTIMPROVEMENTS for Waterline Replacement in Camden Avenue, Shoreham
CONTRACTNO.12 Blvd. and Hartwell Road with their bid in the amount of
As authorized by your Honorable Body in Common Council $779,390.00.
Proceeding No. 109 of October 28, 1997 plans and I respectfully request that your Honorable Body authorize the
specifications were prepared and sealed proposals accepted Commissioner of Public Works to enter into a contract with
for Filtration Plant Improvements - Contract No. 12. Firstrhyme Construction Corp., Inc. in the amount of
I submit the following report of all bids received which were $779,390.00 plus approved unit prices for an additional
opened in my office at 11:00 a.m. on January 28, 1998: $77,939.00 for a total encumbrance in the amount of
Paragon Northeast Corp. $857,329.00 to be charged to the Division of Water's Capital
775 Main Street, Suite 605 Project Account.
Buffalo, New York 14203 $ 337,400.00 The Engineer's estimate for this project was $802,575.00.
STC Energy, Inc. Mrs. LoTempio moved:
63 Zoar Valley Road, PO Box 429 That the above communication from the Commissioner of
Springville, New York 14141-0429 $ 358,200.00 Public Works dated February 2, 1998, be received and filed;
John W. Danforth Company and
1940 Fillmore Avenue That the Commissioner of Public Works be, and he hereby is
Buffalo, New York 14214 $ 457,000.00 authorized to award a contract for Waterline Replacement -
Visone Construction, Inc. Camden Avenue, Shoreham Blvd. and Hartwell Road, to
79 Sheldon Avenue Firstrhyme Construction Corp., Inc., the lowest responsible
Depew, New York 14043 $ 492,000.00 bidder, in the amount of $779,390.00 plus approved unit prices
I certify that the foregoing is a true and correct statement of for an additional $77,939.00 for a total encumbrance in the
all bids received and that Paragon Northeast Corporation, 775 amount of $857,329.00. Funds for this project are available in
Main Street, Suite 605, Buffalo, New York is the lowest the Division of Water's Capital Project Account.
responsible bidder complying with the plans and specifications PASSED.
for Filtration Plant Improvements, Contract No. 12 with their bid AYES - 12 NOES - 0.
in the amount of $337,400.00.
I respectfully request that your Honorable Body authorize the NO.31
Commissioner of Public Works to enter into a contract with CHANGEORDERNO.2-NOCOST
Paragon Northeast Corp. in the amount of $337,400.00 plus LAKEFRONTBLVD.,GROUP#431
approved unit prices for an additional $33,740.00 for a total DESTROBROTHERSCONCRETECO.,INC.
encumbrance in the amount of $371,140.00 to be charged to CONTRACT#91926900
the Division of Water's Capital Project Account. ITEMNO.15,C.C.P.1/6/98
The Engineer's estimate for this project was $434,000.00. ITEMNO.28,C.C.P.7/8/97
Mrs. LoTempio moved: ITEMNO.20,C.C.P.11/26/96
That the above communication from the Commissioner of A letter of complaint was received from the residents of
Public Works dated February 6, 1998, be received and filed; Lakefront Commons regarding thru-traffic on the emergency
and access between D.A.R. Drive and the Lakefront Blvd. cul-de-
That the Commissioner of Public Works be, and he hereby is sac. The Commissioner has directed the Division of
authorized to award a contract for Filtration Plant Engineering to install fencing and break-away barrier posts to
Improvements, Contract No. 12, to Paragon Northeast Corp., ensure emergency access only.
the lowest responsible bidder, in the amount of $337,400.00 A. I hereby submit to Your Honorable Body the following
plus approved unit prices for an additional $33,740.00 for a negotiated unit price additions to the contract:
total encumbrance in the amount of $371,140.00. Funds for Contract Quantity Unit
this project are available in the Division of Water's Capital Item Description Units Used Price Cost
Project Account. 607.19
PASSED. Right-of-Way Fencing Lin. Ft. 24' $42.81 $1,027.44
AYES - 12. NOES - 0. 710-13 Wood Posts Each 6 $200.00 $1,200.00
Total Additions to Contract $2,227.44
NO.30 B. I hereby submit to Your Honorable Body the following
REPORTOFBIDS deductions to the contract:
WATERLINEREPLACEMENT-CAMDENAVENUE, Contract Quantity Unit
SHOREHAMBLVD.ANDHARTWELLROAD Item Description Units Used Price Cost
As authorized by your Honorable Body in Common Council 90.160\
Proceeding No. 115 of September 16, 1997 plans and Concrete Paver-Turfstone Sq. Ft. -247.49333 $9.00 $2,227.44
specifications were prepared and sealed proposals accepted Total Deductions to Contract $2,227.44
for Waterline Replacement in Camden Avenue, Shoreham Contract Summary
Blvd. and Hartwell Road. Original Contract Amount $135,800.00
I submit the following report of all bids received which were Change Order# I (No Cost) 0.00
opened in my office at 11:00 a.m. on January 28, 1998: Change Order #2 (No Cost) 0.00
Firstrhyme Construction Corp., Inc. New Contract Amount $135,800.00
470 Buffalo Road The proceeding deductions and additions to the contract
East Aurora, New York 14052 $ 779,390.00 were deemed necessary to properly complete work on the
Pine Ridge, Inc. project. All costs were reviewed by the Engineering staff and
7135 Davis Road were found to be fair and equitable. Therefore, I respectfully
West Falls, New York 14170 $ 859,023.00 request that Your Honorable Body approve the subject change
Visone Construction order and authorize the Commissioner of Public Works to
79 Sheldon Avenue issue said change order to Destro & Brothers Co., Inc.
Depew, New York 14043 $ 859,570.00 REFERRED TO THE COMMITTEE ON FINANCE.
Milherst Construction, Inc.
2601 Millersport Highway NO.32
Getzville, New York 14068 $ 691,700.00 CHANGEINCONTRACT
Triple R Development of WNY, Inc. SHEA'SPERFORMINGARTSCENTER
27 Wyndmoor Court STAGEEXPANSIONPROJECT
Depew, New York 14043 $ 895,965.85 RIGGING(112)
E & R General Construction, Inc. I hereby submit to Your Honorable Body the following
38 St. David's Drive changes for Shea's Performing Arts Center, Stage Expansion
West Seneca, New York 14224 $ 913,302.50 Project, Rigging (1 12), J. R. Clancy, Inc.,
Nicols, Long & Moore Construction C #91940600.
149 Gunnville Road 1 . Provide natural color fire curtain in lieu of black
Lancaster, New York 14086 $ 933,678.35 (CM-94A). Deduct $ 1,500.00
MPJ Contracting Co. 2. Provide schedule 40 pipe in lieu of schedule
68 Churchill Street 80 pipe (CM-94B). Deduct $3,900.00
Buffalo, New York 14207 $ 946,837.50 3. Delete 7 hemp sets (CM-94E). Deduct $1,700.00
4. Revise two (2) Crosby wire fasteners to one East elevations with brick (CM-44). Add $12,831.00
(1) Nico Press fastener (CM-94H). Deduct $2,300.00 3. Selection of face brick in lieu of allowance (CM-41).
5. Install only five (5) stretcher pipes (CM-941). Deduct $ 5,438.00
Deduct $1,050.00 4. Delete type P-8 partition in Musicians B13 and
6. Install 896# Linset in lieu of 1200# (CM-94J). Crew Lounge B09 (CM-34). Deduct $ 3,050.00
Deduct $7,500.00 5. Delete hollow metal frame #MO8 and extend
The foregoing change results in a net decrease in the partition type P-3 across opening (CM-73).
contract of Seventeen Thousand Nine Hundred Fifty and Deduct $70.00
00/100 Dollars ($17,950.00). The foregoing change results in a net increase in the
Summary: Original Amount of Contract $ 499,500.00 contract of Six Thousand Four Hundred Five and 00/100
Amount of This Change (No. 1) Deduct $ 17,950.00 Dollars ($6,405.00).
Revised Amount of Contract $ 481,550.00 Summary: Original Amount of Contract $2,336,330.00
These changes could not be foreseen at the time contract Amount of This Change (No. 1) Add 6,405.00
was let. Costs have been reviewed by the Consulting Architect Revised Amount of Contract $2,342,735.00
(Kideney Architects), the Construction Manager (Ciminelli- These changes could not be foreseen at the time contract
Cowper Co., Inc.), and the Department of Public Works and was let. Costs have been reviewed by the Consulting Architect
found to be fair and equitable. Funds for this work to be (Kideney Architects), the Construction Manager (Ciminelli-
credited to CPF 292402-001 - Division of Buildings. Cowper Co., Inc.), and the Department of Public Works and
I request that Your Honorable Body authorize the found to be fair and equitable. Funds for this work to be
Commissioner of Public Works to issue a change order to the charged to CPF 292402-001 - Division of Buildings.
contractor as set forth above. I request that Your Honorable Body authorize the
Mrs. LoTempio moved: Commissioner of Public Works to issue a change order to the
That the above communication from the Commissioner of contractor as set forth above.
Public Works dated Mrs. LoTempio moved:
February 9, 1998, be received and filed; and That the above communication from the Commissioner of
That the Commissioner of Public Works be, and he hereby is Public Works dated February 9, 1998, be received and filed-
authorized to issue change order No. 1, to J. R. Clancy, Inc., a and
decrease in the amount of $17,950.00, as more fully described That the Commissioner of Public Works be, and he hereby is
in the above communication, for work relating to Shea's authorized to issue change order No. 1, to Alpha Masonry
Performing Arts Center, Stage Expansion Project Rigging (I Construction Co., a net increase in the amount of $6,405.00,
12), C #91940600. Funds for this project are to be credited to as more fully described in the above communication, for work
CPF 292-402-001 Division of Buildings. relating to Shea's Performing Arts Center, Masonry (104), C
PASSED. #91940400. Funds for this project are to be charged to CPF
AYES - 12. NOES - 0. 292-402-001 Division of Buildings.
PASSED.
NO.33 AYES - 12. NOES - 0.
CHANGEINCONTRACT
SHEA'SPERFORMINGARTSCENTER NO.35
STAGEEXPANSIONPROJECT CHANGEINCONTRACT
FLOORING(110) KLEINHANSMUSICHALL
I hereby submit to Your Honorable Body the following PHASEVIRECONSTRUCTION
changes for Shea's Performing Arts Center, Stage Expansion SITERESTORATIONCONTRACTA-1
Project, Flooring (110), Custom Carpet Centers, C #91940500. I hereby submit to Your Honorable Body the following
1. Change type 1 carpet to type 2 carpet in Offices M01, M02, changes for Kleinhans Music Hall, Phase VI Reconstruction,
M03, M04, Stars Dressing Rooms 216, Site Restoration Contract A-11, Northeast Diversification, C
218, 221, Closets 220 and 223 (CM-93A). Deduct $1,525.00 #91927700.
The foregoing change results in a net decrease in the 1 . Add nine (9) shademaster honey locust trees and 300
contract of One Thousand Five Hundred Twenty Five and square yards of sod as directed by
00/100 Dollars ($1,525.00). Consulting Architect. Add $ 3,850.00
Summary: Original Amount of Contract $ 67,000.00 2. Change 3"-4" caliper trees to 2" caliper. Deduct $810.00
Amount of This Change (No. 1) Deduct $1,525.00 3. Remove approximately 153 cubic yards of foundation rubble
Revised Amount of Contract $ 65,475.00 and stabilize subgrade in parking lot north end - Phase I
These changes could not be foreseen at the time contract parking lot. Add $ 5,056.00
was let. Costs have been reviewed by the Consulting Architect 4. Add 500 square fee of additional exposed aggregate
(Kideney Architects), the Construction Manager (Ciminelli-sidewalk at building and 96 square
Cowper Co., Inc.), and the Department of Public Works and feet across approach at Normal Avenue. Add $ 1,650.00
found to be fair and equitable. Funds for this work to be 5. Remove approximately 771 cubic yards of foundation rubble
credited to CPF 292402-001 - Division of Buildings. and stabilize subgrade in various areas within the Phase 11
I request that Your Honorable Body authorize the parking lot. Add $29,402.00
Commissioner of Public Works to issue a change order to the 6. Delete sealcoat from Phase I and Phase 11 lots.
contractor as set forth above. Deduct $ 4,800.00
Mrs. LoTempio moved: The foregoing change results in a net increase in the
That the above communication from the Commissioner of contract of Thirty Four Thousand Three Hundred Forty Eight
Public Works dated and 00/100 Dollars ($34,348.00).
February 9, 1998, be received and filed- and Summary: Original Amount of Contract $326,000.00
That the Commissioner of Public Works be, and he hereby is Amount of This Change (No. 1) Add $ 34,348.00
authorized to issue change order No. 1, to Custom Carpet Revised Amount of Contract $360,348.00
Centers, a decrease in the amount of $1,525.00, as more fully These changes could not be foreseen at the time contract
described in the above communication, for work relating to was let. Costs have been reviewed by the Consulting Architect
Shea's Performing Arts Center, Flooring (I 10), C #91940500. (Hamilton, Houston, Lownie, Architects) and the Department of
Funds for this project are to be credited to CPF 292-402-001 Public Works and found to be fair and equitable. Funds for
Division of Buildings. this work are available in CPF 201-402- 501 Division of
PASSED. Buildings.
AYES - 12. NOES - 0. I request that Your Honorable Body authorize the
Commissioner of Public Works to issue a change order to the
NO.34 contractor as set forth above.
CHANGEINCONTRACT Mrs. LoTempio moved:
SHEA'SPERFORMINGARTSCENTER That the above communication from the Commissioner of
STAGEEXPANSIONPROJECT Public Works dated February 9, 1998, be received and filed,
MASONRY(104) and
I hereby submit to Your Honorable Body the following That the Commissioner of Public Works be, and he hereby is
changes for Shea's Performing Arts Center, Stage Expansion authorized to issue change order No. 1, to Northeast
Project, Masonry (104), Alpha Masonry Diversification, a net increase in the amount of $34,348.00, as
Construction Co., C #91940400. more fully described in the above communication, for work
1 . Install brick where the eight (8) poster cases were relating to Kleinhans Music Hall Phase VI Restoration - Site
eliminated (CM-15c). Add $ 2,132.00 Restoration Contract A- 1, C #91927700. Funds for this
2. Replace precast concrete panels on North and project are to be charged to CPF 201-402-501 Division of
Buildings. That the above communication from the Commissioner of
PASSED. Public Works dated February 10, 1998, be received and filed;
AYES - 12. NOES - 0. and
That the Corporation Counsel be, and he hereby is
NO.36 authorized to prepare an ordinance amendment to Section 413-
UNITPRICECONTRACTS 25 as requested by the Commissioner of Public Works in the
ITEMNO.162,C.C.P.12/23/97 above communication.
This department has reviewed the specifics of various unit PASSED.
price contracts let over the past several years. I suggest that AYES - 12. NOES - 0.
future bids presented to the Common Council be approved as
follows. NO.39
Total Base Bid Awarded CORRECTION;CHANGE
Under $1 million Base bid, plus additional unit prices net 531ELMWOODAVENUETO
to exceed 10% 933ELMWOODAVENUE
$1 million to $3 million Base bid, plus additional unit prices not ITEMNO.139;C.C.P.01/20/98
to exceed 6% ITEMNO.25;C.C.P.12/23/97
Above $3 million Base bid, plus additional unit prices not The Department of Public Works requested permission at
to exceed 4% the meeting of December 23, 1997 (C.C.P. No. 25) for
I feel that this scale will allow for the flexibility needed by this Starbucks Cafe on Elmwood Avenue to install a sidewalk cafe
department, and at the same time, allow the Common Council within City right-of-way.
the ability to control expenditures. Please be advised that the sidewalk cafe applicant
REFERRED TO THE COMMITTEE ON FINANCE. erroneously listed the address of Starbucks Cafe as 531
Elmwood Avenue. The correct address of Starbucks Cafe is
NO.37 933 Elmwood Avenue.
INTERNATIONALBRIDGE; The Department of Public Works has no objection to Your
REPAIRSTOSTEELSTRINGERS Honorable Body authorizing the Commissioner of Public Works
I hereby request permission of Your Honorable Body to allow to issue a "Mere License" for installation of said sidewalk cafe
the Commissioner of Public Works to accept informal bids to at 933 Elmwood Avenue provided all conditions listed in the
make necessary repairs to the International Bridge over the original approval (C.C.P. No. 139 of January 20, 1998) are met.
Black Rock Canal and the New York State Thruway. Mrs. LoTempio moved:
We were notified on November 26, 1997 by the Canadian That the above communication from the Commissioner of
National Railroad (CN Rail) of a structural problem on the City Public Works dated
of Buffalo's portion of the bridge. February 11, 1998, be received and filed; and
The end steel stringers, one at each end of the bridge are That the Commissioner of Public Works be, and he hereby is
deteriorating which causes excessive deflection of the end authorized to correct his records for Starbucks Cafe to show
portion of the bridge deck when trucks pass over. This 933 Elmwood Avenue as the correct address and to grant a
deflection results in increased impact loading to the bridge and “mere license" for the installation of said sidewalk cafe at 933
will eventually lead to failure of the end portions of the deck if Elmwood Avenue provided all conditions listed in the original
not repaired. approval at Item No. 139, C.C.P., January 20, 1998 are met.
The Engineer's estimate for this work is approximately PASSED.
$10,000.00. AYES - 12 NOES - 0.
We will report results of the bids to Council once received.
Funds for this work are available in the Division of Engineering NO.40
Bond Fund No. 200-401-015 and our department will seek 612OLDBAILEYAVENUE
reimbursement from CN Rail for this work. I have received the attached application and the required
Mrs. LoTempio moved: filing fee from Mr. William J. O'Connell for his property
That the above communication from the Commissioner of identified as 612 Old Bailey Avenue. I am aware that the status
Public Works dated February 12, 1998, be received and filed; of the O'Connell property and its present use is the subject of a
and current court proceedings.
That the Commissioner of Public Works be, and he hereby is I have indicated the approximate location of the O'Connell
authorized to accept informal bids for repairs to the properties on the attached copy of the assessor map.
International Bridge, with said cost to be charged to the Section 29 (Regulations of Landfills) of Chapter IV of the
Division of Engineering Bond Fund No. 200-401-015 and Ordinances of the City of Buffalo requires that I forward copies
reimbursement will be sought from CN Rail for this work. of the application to the Commissioners of Police and Fire and
PASSED. to the Environmental Management Commission for their
AYES - 12. NOES - 0. recommendations.
The ordinance further requires that I review the National
NO.38 Flood Insurance Rate Maps to determine if the proposed landfill
PROPOSEDORDINANCEAMENDMENT; site falls within a Zone A Flood Hazard area. Parcels 1 and 2
CHAPTER413- are not within a Zone A Flood Hazard area. Parcel 3 is within a
STREETSANDSIDEWALKS Zone A Flood Hazard area and therefore, under no
The Department of Public Works hereby requests that Your circumstance can it
Honorable Body amend Section 413-25 of Chapter 413 of the be considered for license as a landfill operation
Code of the City of Buffalo to read as follows: Old Bailey Avenue remains a dedicated public street right-of-
413 - 25. (Correction of] Fine For Improper Replacement of way. The proposed drainage system consists of an open drain
Openings within the street right-of-way and running parallel thereto. This
If, at any time within two (2) years after a street opened for proposal would not be acceptable to the Department of Public
any of the purposed mentioned in 413-14 through 413-19 shall Works.
have been replaced, it shall appear that the work of replacing or It should also be noted that the Buffalo River, between Lake
repaving the same was improperly and imperfectly performed, Erie and Elk Street is considered navigable and therefore, falIs
the Commissioner of Public works shall notify the owner or under the jurisdiction of the U.S. Army Corps of Engineers.
occupant of the premises in front of which such street surface The proposal to drain storm run-off, from the landfill into the
was opened and the plumber who made the opening to put the Buffalo River would require a permit from the Corps of
same in as good condition as before the same was opened, Engineers and the New York State Department of
and if the persons receiving such notice shall neglect or refuse Environmental Conservation. Some type of collection system
to repair such street surface within forty-eight (48) hours to prevent sediment from entering the waterway would be
thereafter, the Commissioner shall cause the necessary repairs required.
to be made [and report the expense thereof to the Common The engineering plan supplied with the application does not
Council which shall direct such expense to be assessed upon adequately delineate the boundary lines of the O'Connell
the lot or premises in front of which such street surface was property. In fact, note 2 on said plan states, "Property lines
opened] and the plumber of record shall be subject to a fine shown are approximate in location". An accurate survey will be
($250.00) as provided in Section 137-7 Class DD. [Such required before this department could issue any landfill permit,
assessment] Said fine shall not preclude prosecution for however, I will not require the owner of the property to incur the
neglect or refusal to repair such street surface. expense of such a survey until I have had a chance to review
NOTE: Matter in brackets [ ] above to be deleted; your preliminary recommendations and/or objections to this
Matter underlined above is new application.
Mrs. LoTempio moved: Please review this application and any records or complaints
which your department has in connection with this matter. The Department is participating in a federal grant with the State
ordinance requires that I forward my recommendations and the University of Buffalo, entitled "Building Effective Strategies for
application of the City Planning Board within thirty (30) days of Community Policing," through the National Institute of Justice.
the date of the application. The main goal of this project has been for the University
REFERRED TO THE COMMITTEE ON LEGISLATION AND team to work with the Department in helping to define, clarify,
CITY PLANNING BOARD. develop and deploy our vision and strategies for community
policing. The University team has been developing means of
NO.41 documenting and assessing the Department's strategies for
DEMOLISHMEMORIALAUDITORIUM development of our community policing strategies through an
ITEMNO.208,C.C.P.2/3/98 actual case study of developmental operations, processes and
Council staff has advised that the Council was seeking the leadership. This partnership has laid the groundwork for
following information. "professional trusted neighborhood based policing" to become
1. There are currently no outstanding bonds on Memorial a permanent part of the Buffalo Police Department.
Auditorium. The most recent major capital The University secured another year of funding through the
improvement was the installation of air conditioning; National Institute of Justice. Phase II seeks to build on these
that work was financed by Erie County Industrial strategies and processes, focusing on the development of
Development Agency. information systems necessary for strategic planning. The
2. In Item #3, C.C. P. 4/16/96, the Director of Stadium & information about goals and specific needs of the Department
Auditorium transmitted an inventory of Memorial as developed in Phase I will serve as the foundation for the
Auditorium equipment to the Common Council. programmatic tasks of Phase II. In addition, another goal of
3. We plan on using 16 of the existing ice storage tanks Phase II is to develop internal and external information systems
as part of the air conditioning system at Shea's Buffalo necessary to the practice of community policing and problem
Theatre. These ice storage tanks have not yet been solving.
removed. Even after the 16 tanks are removed, there The Department is not receiving any federal funds under this
still remains sufficient ice storage to supply Memorial grant program, however, as part of the University-Department
Auditorium with adequate air conditioning. working partnership, we have agreed to provide an in-kind
4. We are currently preparing an estimate of the amount match (consisting of salary/fringe contributions - please
of asbestos in the Auditorium. As part of this study, reference attached) in the amount of $53,341.
we will also estimate the cost of removal. When this If you have any questions, please do not hesitate to contact
becomes available, I will forward it to the Council. our Grants Section at 851-4475.
5 In Item #36, C.C.P 10/1/96, three proposals on the re-RECEIVED AND FILED.
.
use of the Auditorium were submitted to the Council
NO.44
for review. No further proposals have been received to
"SAFETYOFCITYBUILDINGINSPECTORS"
date.
(#124C.C.P.DEC.9,1997)
REFERRED TO THE COMMITTEE ON THE BUDGET.
In light of the recent security issues involving members of the
City Building Inspectors, Chief of Patrol Chrystal Pelletier and
FROMTHECOMMISSIONEROFPOLICE
myself met with building personnel on Nov. 24" 1997. In
attendance were Commissioner Alan DeLisle from Community
NO.42
Development, Gary Zilowkowski representing the city
REQUESTTODONATEANTIQUATEDCOMPUTER
inspectors and two members representing the union. The
EQUIPMENT
purpose of this meeting was to discuss strategies and methods
We are requesting permission to donate the following
to insure the safety of the city-building inspectors. The
antiquated computer equipment to Buffalo Public School,
following were the suggestions we made:
Hutchinson Central Technical School. This request is being
Possibility of tying their radio system into our 91 1 dispatcher.
made in view of the fact that this equipment is so outdated it
After discussing this with our Communications Captain, this
serves no purpose to the Department. The school is in dire
was not an acceptable option.
need of used equipment to better the education of students on
• We suggested that they purchase new radios, or perhaps
computers. The Department feels this would be beneficial to
buy cell phones that just dial 911
the education of Buffalo students.
• Assemble a series of conflict resolution classes for the
Type City of Buffalo Property Sticker No.
inspectors, to help them better manage certain situations.
Kinitron Monitor 26664
• When they are scheduled to go into areas in which they are
Goldstar Monitor 031892
fearful of confrontation, they" can arrange to have the district
Honeywell Monitor 28830
Community Police Officer accompany them on the inspection.
Goldstar Monitor 28818
If none are available, they can contact the district Lieutenant for
ADC Monitor 032834
assistance.
Epson Dot Matrix Printer 24677
REFERRED TO THE COMMITTEE ON LEGISLATION.
Honeywell Print (Dot Matrix) T01481
Bull RDS Monitor 032071
NO.45
Sperry CPU 25927
BOARDOFEDUCATION:DAREENHANCEMENTPROG.
MCP / CPU 031901
THROUGHEXTENDEDDAYVIOLENCEGRANT
Everex CPU 031903
(ITEMNO.133.C.C.P.03-18-97)
Honeywell CPU 28829
The Buffalo Police Department is requesting authorization for
HEI / CPU 030068
the Mayor to enter into a renewal agreement f or the DARE
DTK / CPU 032833
Enhancement Grant, under the Extended Day/Violence
MCP / CPU 031903
Prevention Program between the Board of Education and the
DTK / CPU 032305
Buffalo Police Department for the period September 1, 1997
HEI / CPU 29753
through June 30, 1998.
MCP / CPU 031899
Under this agreement, the Board of Education will reimburse
DTK / CPU 032855
the Buffalo Police Department in an amount not to exceed
DTK / CPU 032836
$15,000 for project related supplies and equipment (essential
DTK / upright CPU 032808
printing costs, equipment, student incentive T-shirts, etc.) .
Epson CPU 030090
The Department was notified February 12, 1998, by the
MCP CPU 031905
Department of Curriculum Evaluation that this funding would be
IBM CPU 030092
available to the City. Its purpose is to enhance the efforts of
Mrs. LoTempio moved:
the DARE Program as conducted by the Police Department, in
That the above communication from the Department of Police
coordination with the Board of Education. We were advised by
dated February 4, 1998, be received and filed; and
the Board of Education that the agreement between the City of
That the Commissioner of Police be, and he hereby is
Buffalo and the Board must be signed by March 1st as the
authorized to donate the above-listed computer equipment to
Board must encumber the funds by that date.
Buffalo Public School, Hutchinson Central Technical School.
I am respectfully requesting that your Honorable Body
PASSED.
authorize permission for the Mayor to enter into this renewal
AYES - 12. NOES - 0.
agreement.
NO.43
Since the Board of Education has stipulated that this is a
INFO"BUILDINGEFFECTIVESTRATEGIESFOR
"reimbursement type program," we are also respectfully
COMMUNITYPOLICINGGRANTPHASEII
requesting that your Honorable Body authorize the Comptroller
(ITEMNO.#31.C.C.P.01-23-96)
to provide for an inter-fund cash loan in the amount of $15,000.
As we had informed you last year, the Buffalo Police
This cash advance would then allow the Department to Nicholas Mancini, Motor Equipment Mechanic, in the Repair
purchase the items until we can secure reimbursement from Shop at the Buffalo Fire Department the injury dates should of
the Board of Education. The loan would then be repaid once read September 22, 1997 to December 10, 1997. (original
the money has been sent to the Police Department from the dates submitted in error were September 18, 1996 to
Board (which will not be until July 198). December 10, 1997).
You will note that the Council, over the last two years, has Mrs. LoTempio moved:
approved this process on behalf of the Department. Thus far, That the above communication from the Commissioner of Fire
the Buffalo Police Department has received $49,969.18 in dated February 4, 1998, be received and filed; and
reimbursements under this particular grant program, allowing That the Comptroller be, and he hereby is authorized to
us the opportunity to purchase some of the supplies DARE correct his records as previously approved in Item No. 50,
officers need in the schools to run the program. C.C.P., January 20, 1998 for Nicholas Mancini, a Motor
If you have any questions, please do not hesitate to contact Equipment Mechanic, in the Repair Shop at the Buffalo Fire
our Grants Section at 851-4475. Department to read September 22, 1997 to December 10,
Thank you for your immediate attention to this matter. 1997.
Mrs. LoTempio moved: PASSED.
That the above communication from the Commissioner of AYES - 12 NOES - 0.
Police dated
February 12, 1998, be received and filed; and FROMTHECORPORATIONCOUNSEL
That the Mayor be, and he hereby is authorized to renew the
DARE Enhancement Grant, under the Extended Day/Violence NO.49
Prevention Program between the Board of Education and the DISPOSITIONOFCASES
Buffalo Police Department for the period September 1, 1997 So as to periodically inform the Common Council on the
through June 30, 1998. Authorized the Comptroller to provide status of matters favorably resolved by the Law Department,
an interfund cash loan in the amount of $15,000. The loan will the following is a summary of such cases disposed of by trial,
be repaid once the money has been sent to the Police appeal, hearing, or motion since October, 1997:
Department from the Board of Education (which will not be until
July, 1998). I. LITIGATION:
PASSED. A. JURY TRIALS
AYES - 12. NOES - 0. 1. BUTLER v. CITY OF BUFFALO
Intersection collision with fire engine, resulting in major surgical
NO.46 facial reconstruction.
COMPLAINT-EMPIREIIPAWNBROKERS Verdict in favor of City, upon conclusion of jury trial.
(NO.89,CCP,2/3/98) B. MOTIONS AND APPEALS
As per your request dated February 4, 1998, the following is 1. ARGY v. CITY OF BUFFALO
a report on Buffalo Police Department Inter-action with Empire Automobile accident, 9/27/93 resulting in major head trauma.
II Loans, located at 1570 Main Street in -Buffalo. The license Motion for summary judgment dismissing action against City
to operate in the City is issued to Rosa Stanley. The Manager granted after oral argument.
of the store is Brooke Stanley. Brooke S6anley is the husband 2. BANNON v. CITY OF BUFFALO, et al.
of Rosa Stanley. Summons and Complaint for Discrimination under Americans
It has come to our attention that the store was operated in with Disabilities Act. Motion to dismiss against the City granted
1995 and 1996 without a valid license. This may be verified by after oral argument.
the City Licensing Division. Currently, the Buffalo Police 3. BARNES v. CITY OF BUFFALO
Department is awaiting a Court action on two (2) separate Slip and fall on city sidewalk; fractured leg, and permanent
criminal investigations involving Empire II Loan. These are injuries. Motion for summary judgment dismissing action
both Felony cases related to Empire II and their handling of against City granted after oral argument.
stolen property. In one of these cases, the owner, Rosa 4. CITY OF BUFFALO v. TRAVELERS INSURANCE
Stanley, has been charged criminally. In the second, the COMPANY
Manager, Brooke Stanley, has been charged criminally. Collected from bond company $3,000 of a $6,000 settlement
We have also included for your convenience, an Incident paid out in Bobo v. City of Buffalo, a 1996 sidewalk slip and
fall.
Report which details the Buffalo Police Department's
5. CLARK v. CITY OF BUFFALO
interaction with this business. You will find a set of Form P-
Adversary proceeding in bankruptcy court. Claim dismissed on
1176, which are Buffalo Police Department Complaint Logs.
the law after submission of briefs.
On these Complaint Logs, we have highlighted the individual
6. GANTZER v. CITY OF BUFFALO
calls at that particular address, and if possible, the disposition
The ruling of the trial court permitting the boat storage facility to
to each of those calls.
remain was unanimously reversed by the Appellate Division,
Should you need further information, please feel free to
Fourth Department.
contact me.
7. GARCIA v. GRISANTI, et al.
REFERRED TO THE COMMITTEE ON LEGISLATION.
Federal civil rights claim by subsequently convicted drug dealer
for the loss of three fingers during arrest when arresting officer
FROMTHECOMMISSIONEROFFIRE
discharged shotgun. City motion for Summary Judgment on
the grounds of qualified immunity granted; case dismissed.
NO.47
8. GRAHAM v. CITY OF BUFFALO, et al.
NICHOLASMANCINIDIFF.INSALARY
Action for infant lead poisoning, allegedly due to contaminated
Nicholas Mancini, Motor Equipment Mechanic, in the Repair
water supply. Case settled with landlord; no contribution from
Shop at the Buffalo Fire Department was injured from
City.
September 19, 1996 to January 17, 1997 and August 6, 1997
9. HUSNER v. CITY OF BUFFALO
to August 24, 1997. He is owed a difference in pay between
Federal court action for violation of due process rights. Case
Worker's Compensation (Allied Claims Service) and the City of
dismissed on motion. Plaintiff s motion to vacate judgment
Buffalo for the amount of $681.08. (see attached table)
denied, and appeal dismissed by Second Circuit Court of
Mrs. LoTempio moved:
Appeals.
That the above communication from the Commissioner of
10. IN THE MATTER OF N.Y. CENTRAL MUTUAL FIRE
Fire dated February 4, 1998, be received and filed; and
INS. CO.; ROBERT MURPHY, JR. AND THE CITY OF
That the Comptroller be, and he hereby is authorized to pay
BUFFALO
Nicholas Mancini, a Motor Equipment Mechanic, in the Repair
Hit & run accident where City Fireman was struck after exiting
Shop at the Buffalo Fire Department the amount of $681.08 for
City vehicle. Insurance company brought action to compel City
difference in pay allowance under the provisions of the
to afford insured primary coverage and contribute $25,000.00
Workers' Compensation Law for the periods September 19,
to fireman's claim. After oral argument, Supreme Court denied
1996 to January 17, 1997 and August 6, 1997 to August 24,
the application and released City from liability.
1997.
11. JEZIERSKI v. CITY OF BUFFALO, and BUFFALO
PASSED.
SEWER AUTHORITY
AYES - 12 NOES - 0.
Slip and fall on manhole located on city sidewalk; fractured
ankle, and permanent injuries. Summary judgment dismissing
NO.48
case against City and BSA upheld by Appellate Division,
NICHOLASMANCINI
Fourth Department.
AMENDMENT
12. JOHNSON v. CITY OF BUFFALO, et al.
(ITEMNO.50,C.C.P.01/20/98)
Slip and fall on city sidewalk; fractured ankle, and permanent
This is an amendment for Item No. 50 C.C.P. 01/20/98 for
limitation of movement. Motion for summary judgment
dismissing action against City granted after oral argument. Doctorate in Divinity from unaccredited correspondence school
13. JONES v. BUFFALO BOARD OF EDUCATION determined insufficient to warrant retroactive award for higher
Discrimination case dismissed on motion for summary pay.
judgment. RECEIVED AND FILED.
14. KNIGHT v. CITY OF BUFFALO
Action by estate of woman and child killed in fire. Case settled NO.50
with landlord nonoperating smoke alarm theory) with no 2967BAILEYAVENUE
contribution from City after oral argument on City's motion. THERESTORATIONSOCIETY,INC.
15. MAUGANS v. CITY OF BUFFALO, et al. Attached is a lease for 2967 Bailey Avenue between the City
Sidewalk fall on ice resulting from adjoining homeowner's water and The Restoration Society
pipe break. City had notice of condition months prior to fall. for your approval.
Case settled with homeowner without contribution from City MRS LOTEMPIO moved:
after oral argument on City's motion. That the Lease for 2967 Bailey Avenue between the City and
16. MOORE v. CITY OF BUFFALO the Restoration Society, Inc. be and hereby is approved and the
Property damage case. Claim dismissed after hearing. Mayor is authorized to execute the same.
17. SMYTHE v. NOLLEY PASSED.
Federal court action alleging improper actions of police AYES - 12 NOES - 0.
detective in accepting mail claimed stolen from prisoner at
Holding Center. Defendants' summary judgment motion FROMTHECOMMISSIONEROFCOMMUNITY
granted, and Second Circuit Court of Appeals dismissed DEVELOPMENT
appeal.
18. SULLIVAN v. CITY OF BUFFALO, et al. NO51
Slip and fall on city sidewalk- fracture, and permanent limitation APPT.EXECUTIVEDIRECTOROCPI-EXEMPT
of movement. Motion for summary judgment dismissing action Pursuant to the Charter of the City of Buffalo, Part 1
against City granted after oral argument Administration Legislation, Chapter 6, Article 2, Sec. 6-10
19. TALTY v. CITY OF BUFFALO, and BMHA (Executive Director and employees), I am appointing Dawn E.
Employment discrimination case. City's motion to dismiss Sanders, of 297 Hastings Avenue, in the City of Buffalo, to
granted. serve as Executive Director of the Office of Citizen
20. THOMAS SYSTEMS, INC. v. CITY OF BUFFALO Participation and Information effective Monday, February 9,
Contested motion for late notice of claim. Denied at City's 1998.
request, after oral argument. Ms. Sanders received her Bachelor of Arts diploma from the
21. WILLIAMS v. PADIN, et al. State University of New York at Buffalo, with a major in Public
Federal court action for alleged police brutality; case dismissed Policy and Administration, on May 1991 and in 1997 she
against police officer and City on motion for summary received her Micro MBA - School of Management from the
judgment. same university.
22. VETTER v. COUNTY OF ERIE, et al. From September 1996 to January 30, 1998, Ms. Sanders
Slip and fall on ice cover city sidewalk adjacent to bus shelter. served as Executive Director of the Office of Urban Initiatives.
Case settled with adjoining landowner with no contribution from In this capacity she was responsible for running the
City. organization on a day-to-day basis, as well as implementing
and guiding the development of OUI's community and
II ARTICLE 78 PROCEEDINGS: economic development programs. she worked closely with
1. DeFRANKS v. CITY OF BUFFALO, et al. members of Western New York's economic development
AFSCME Local 650 petition to preclude residency hearings community and various business support organizations. This
dismissed after oral argument. position required strong people skills and excellent verbal and
2. HARVEY v. RUBINO, et al. written communication skills.
Petition to overturn termination for violation of residency In 1995, Ms. Sanders served as Western New York Regional
requirement transferred for disposition to the Appellate Director for Citizen Action of New York. She was responsible
Division, Fourth Department. for developing, implementing and executing educational and
3. HECK v. MASIELLO, et al. organizational goals for the WNY Community on a national and
Petition to overturn change of pay status from injured-on-duty local level as it relates to state wide public policy issues. From
to sick, and to terminate petitioner's benefits transferred for March, 1996 to present she served as Director of the Public
disposition to the Appellate Division, Fourth Department. Policy Institute/Public Policy Education Fund. In this capacity
4. JONES v. CITY OF BUFFALO, et al. she was responsible for coordinating and conducting the day to
Article 78 to review F.O.I.L. determination dismissed. day business of a local public caucus consisting of interns,
5. NANCE v. KERLIKOWSKE, et al. volunteers and local elective officials. From November 1993 to
Article 78 to review FOIL determination. Dismissal of petition December 1994 she held the position of Community Organizer,
upheld by Court of Appeals. also with Citizen Action of New York.
6. PEREZ v. BUFFALO POLICE DEPT., CITY OF Ms. Sanders serves on various committees/boards
BUFFALO, and MUNICIPAL CIVIL SERVICE COMMISSION throughout the City and is committed to helping improve the
Petition to review decision to disqualify police candidate from quality of life for all residents.
eligibility list dismissed. In light of Ms. Sanders educational and employment
7. U.E.W/C.W.A., Local 1186, et al. v. CITY OF background, I feel that she is qualified to fill the position of
BUFFALO, MUNICIPAL CIVIL SERVICE COMMISSION, and Executive Director of the Office of Citizen Participation and
BUFFALO SEWER AUTHORITY Information.
Petition to review decision of Civil Service Commission RECEIVED AND FILED.
dismissed.
IV. HOUSING COURT AND SMALL CLAIMS NO.52
1. CITY OF BUFFALO v. JONES DEMOLITION AND RESULTSOFNEGOTIATIONS
GENERAL CONSTRUCTION COMPANY, et al. 250FOREST,WESTCORNEROFGRANT
Conviction after trial on six counts of violating city and state law ASSESSEDVALUATION:LAND:$5,900
as it pertains to maintenance of property. Defendant was TOTAL:$153,500
sentenced to fine of $4,500.00 and 30 days incarceration. The Department of Community Development, Division of In-
2. PICKETT v. CITY OF BUFFALO Rem Properties, has received a request from Xiao Bao Lu and
Claim for $2,250 damages to impounded automobile. Claimant Meeiling Lu to purchase the above property.
rejected $800 settlement offer. After trial, the Court awarded The property consists of a lot 52' x 651 and is improved with
damages of $8 1 0. a building which was the former Santora's Restaurant. The
V. ADMINISTRATIVE PROCEEDINGS Lus intend to acquire, repair and remodel the former restaurant.
1. McDUFFIE v. CITY OF BUFFALO The Department of Community Development and the Division
Discrimination case before State Division of Human Rights of Collections have no objection to the sale. There are no
("SDHR"). Complaint dismissed on finding of no probable building code violations, taxes or other liens owed to the City by
cause after investigation. the purchasers.
2. BROWN v. CITY OF BUFFALO An independent appraisal of the property was conducted by
Discrimination case before SDHR. Complaint dismissed on Richard W. Bronstein, Appraiser. He has established the Fair
finding of no probable cause after investigation. Market Value of the property to be $32,000. The Division of In-
V1. ARBITRATIONS Rem Properties concurs with the appraiser's estimate of value.
1. BUFFALO TEACHERS FEDERATION v. BOARD OF The results of our negotiations are that the Lus have agreed
EDUCATION and are prepared to pay Eighteen Thousand Dollars ($18,000)
for the property; repair and bring the property into code Deletion of "wings"/ramp handrails. Deduct 1,539.00
compliance; and pay for all closing costs associated with the Total Deduct $2,721.50
transfer of title. They have provided this office with proof of Contract Summary:
their financial ability in the amount of $63,000 to purchase, Original Contract Amount $797,120.00
repair and remodel the property. Change Order No. 1 113,993.70
Although the amount offered is less than the appraisal value, Change Order No. 2 243.49
I am recommending that the Common Council approve the Change Order No. 3 6,789.07 or less
offer for the following reasons: the property has been in the City Change Order No. 4 -2,721.50
inventory since 1994 and there have been no serious offers New Contract Amount $915,424.76 or less
received; the Lus will make a substantial investment in the These cost have been reviewed and approved by Trautman
property; and the property will be returned to the tax rolls. Associates, project architectural consultant. Funds for this
Therefore, I am recommending that Your Honorable Body deleted work will be returned to C.P.A. 200-717-041.
approve the sale of 250 Forest Avenue to Xiao Bao Lu and I recommend that Your Honorable Body authorize the
Meeiling Lu in the amount of Eighteen Thousand Dollars Commissioner of Community Development to issue a change
($18,000). I am further recommending that the Corporation order to Gianadda Construction Corp. as set forth above.
Counsel prepare the necessary documents for the transfer of Mrs. LoTempio moved:
title. That the above communication from the Commissioner of
Mrs. LoTempio moved: Community Development dated February 10, 1998, be received
That the above communication from the Commissioner of and filed; and
Community Development dated February 12, 1998, be received That the Commissioner of Community Development be, and
and filed; and he hereby is authorized to issue change order No. 4, to
That the offer from Xiao Bao Lu and Meeiling Lu, in the sum Gianadda Construction Corp., a net decrease in the amount of
of Eighteen Thousand Dollars ($18,000) for the sale of 250 $2,721.50. as more fully described in the above
Forest Avenue, be and hereby is accepted; and communication, for work relating to Allendale Theater, General
That the appraisal requested by the City of Buffalo shall be Construction, Contract 9180600. Funds for this project are to
paid by the purchaser; and be credited to C.P.A. 200-717-041.
That the transfer tax, recording fees and cost of legal PASSED.
description shall be paid by the purchaser; and AYES - 12 NOES - 0.
That the Corporation Counsel be authorized to prepare the
necessary documents for the transfer of title and that the Mayor NO.56
be authorized to execute the same, in accordance with the CITYWIDETREEREMOVAL
terms of sale upon which the offer was submitted. CHANGEORDERNO.1
PASSED. I hereby request permission to issue a change order for the
AYES - 12. NOES - 0. above project in the amount of $40,000 to cover additional tree
removals at the unit prices included in the original bid.
NO.53 This contract was bid through the Division of Purchase and
RESTAURANTDANCINGCLASSII the City of Buffalo Forestry Division but funded with Bond
622MAIN Funds under the Department of Community Development. The
Pursuant to Chapter 150 of the City of Buffalo Ordinances, Contract is open ended and allows the city to utilize the unit
please be advised that I have examined the attached prices to remove trees for one year, and gives the city the
application for Restaurant Dancing Class II located at 622 Main option to extend the contract and the fixed unit prices for an
and find that as to form it is correct. I have caused an additional year.
investigation into the premises for which said application for At this time we are asking approval to increase the contract
Restaurant Dancing Class II is being sought and according to with Schneck's Tree Removal in the amount of $40,000
the attached reports from the Fire Department and the Building bringing the new total contract amount to $119,292.
Inspector, I find it complies with all regulations and other I recommend that Your Honorable Body authorize the city to
applicable laws. I have caused an investigation by the Police increase the contract in the amount shown above. Funds for
Department into the moral character of Joseph Guagliardo. this work are available in Bond Fund Account 202-717-001.
The report from the Police Department recommending approval Mrs. LoTempio moved:
is attached hereto for Joseph Guagliardo, d/b/a Club Marcella That the above communication from the Commissioner of
at 622 Main.. This request is submitted for your consideration Community Development dated February 12, 1998, be received
and whatever action you deem appropriate. and filed; and
REFERRED TO THE COMMITTEE ON LEGISLATION. That the Commissioner of Community Development be, and
he hereby is authorized to issue change order No. 1, to
NO.54 Schneck's Tree Removal, a net increase in the amount of
SOLICITATIONOFFUNDSPERMIT $40,000, as more fully described in the above communication,
Attached is an application for Solicitation of Funds for Ninety for work relating to Citywide Tree Removal. Funds for this
One Charity Golf Classic to solicit funds in the Buffalo area project are to be charged to Bond Fund Account 202-717-001.
from April 15, 1998 to May 15, 1998. In accordance with PASSED.
Chapter 316, Article VI of the city of Buffalo Ordinances, I AYES - 12 NOES - 0.
hereby refer this matter to your Honorable Body.
Mrs. LoTempio moved: NO.57
That the communication from the Department of Community RIVERSIDEPARKTENNIS&BASKETBALLCOURTS
Development, dated February 10, 1998, be received and filed; CHANGEORDERNO.1
and, I hereby request permission to issue a change order for the
That the Director of Inspections, Licenses and permits be, above project the amount of $5050 to cover additional work
and he hereby is authorized to grant an exemption to Ninety including additional concrete sidewalks and color sealing of
One Charity Golf Classic, to solicit funds in the City of Buffalo courts, items that were unforeseen at the time t bids were let.
area from April 15, 1998 to May 15, 1998, pursuant to Chapter This change order will increase the total contract with G.B.H.
316, Article VI of the Code of the City of Buffalo. Paving to $156,418.00. These costs have been reviewed by
PASSED. our staff and found to be fair a equitable.
AYES - 12 NOES - 0. I am also requesting that the retention on the job be reduced
from 10% to because the job is substantially complete, with
NO.55 only a few minor items to be completed in the spring.
FOURTHCHANGEINCONTRACT91840600 I recommend that Your Honorable Body authorize the City to
ALLENDALETHEATER increase the contract in the amount shown above. Fund for
GENERALCONSTRUCTION this work are available in Bond Fu Accounts 200-717-012 and
During the construction of the above project certain items 200-717-024.
that were unforeseen at the time the bids were let, required Mrs. LoTempio moved:
attention. Therefore, we recommend that the following That the above communication from the Commissioner of
changes be made to Contract 9180600 with Gianadda Community Development dated February 11, 1998, be received
Construction Corp. and filed; and
Deletion of marble thresholds at east and west That the Commissioner of Community Development be, and
sides of lobby. Deduct $175.00 he hereby is authorized to issue change order No. 1, to G.B.H.
Deletion of exterior painting of exit doors Paving, a net increase in the amount of $5,050.00, as more
and frames Deduct 400.00 fully described in the above communication, for work relating to
Deletion of toilet rooms ceilings. Deduct 607.50 Riverside Park Tennis and Basketball Courts. The
Commissioner is also authorized to reduce the retention from requested and received approval from your Honorable Body to
10% to 5% for this project . Funds for this project are to be act on matters under the New York State Clean Water/Clean
charged to Bond Fund Accounts 200-717-012 and 200-717-Air Bond Fund, Environmental Restoration Project - Title V
024. (Item No. 66, C.C.P. March 4, 1997).
PASSED. The Department wishes to request specific permission to
AYES - 12. NOES - 0. accept awards for three sites (858 East Ferry Street, 1 Liberty
Street, and 887/889 Kensington Avenue) under this program.
NO.58 The total amount award is $225,000. We ask that the Mayor
CHANGEORDER25VERPLANKAKAST.NICHOLASbe authorized to enter an agreement with New York State to
SCHOOLANDCONVENT receive these amounts and that, as necessary, authorization be
In reference to the Demolition of the Buildings that formerly granted for interfund cash loans as the Comptroller's office
occupied the property located at 2S Verplank, also known as may deem necessary to facilitate this amount.
the former St. Nicholas School and Convent, I would like to The ultimate source of payment for the City's 25 percent
supply your Honorable Body with the following information. A reimbursement required under the grant will be previously
contract was executed with Lebis Enterprises Inc. for the authorized City bond funding.
Demolition of this complex on November 3 1997. On or about Mrs. LoTempio moved:
November 21, 1997 an additional work Contract (change order) That the above communication from the Commissioner of
was executed for the removal of the parking lot, fencing and Community Development dated February 11, 1998, be received
trees to facilitate future development on this property. During and filed; and
the demolition of this facility,,, underground storage tanks were That the Commissioner of Community Development be, and
discovered and the New York State Department of he hereby is authorized to accept awards for three sites (858
Environmental Conservation took charge of the site. As East Ferry Street, I Liberty Street and 887/889 Kensington
ordered the New York State Department of Environmental Avenue) under the New York State Clean Water/Clean Air
Conservation, testing, tank removal, water removal and soil Bond Fund, Environmental Restoration Project - Title V. That
removal were performed to the satisfaction of the New York the Mayor be, and he hereby is authorized to enter into an
State Department of Environmental Conservation. The agreement with New York State to receive these amounts and
following listing are the charges incurred by the City of Buffalo that, as necessary, authorization be granted for interfund cash
in the environmental remediation of this site. loans as the Comptroller's Office may deem necessary to
1. Excavate, truck and dump non-hazardous petroleum facilitate this amount. Payment of the City's 25 percent
contaminated debris. 1,117.05'-tons @ $ 68.00 per ton reimbursement required under the grant will be previously
$80,039.40 authorized City bond funding.
2. Excavate and pile non-hazardous material. 464 cubic yards PASSED.
@ $ 10.00 per cubic yard. $4,640.00 AYES - 12 NOES - 0.
3. supply, transport place and grade clean fill. NO.61
@ $ 16.00 per cubic yard $8,288.00 TRINIDADPARK
4. Pump and dispose on non-hazardous petroleum The Department of Community Development wishes to
contaminated water. 2,8Q5 gallons @ $ 0.90 per gallon advise the Common Council that it is pursuing funding for site
$2,524.50 investigation at Trinidad Park under the New York State Clean
5. Pump non-hazardous petroleum contaminated water into Water/Clean Air Bond Fund.
City Sewer System. 2 days @ $ 500.00 per day. $1,000.00 Contamination from a former asphalt operation limits use of
Total for change order number 2 $96,491.90 the Park and needs to be defined. There is no evidence from
The Original sum of this project was one hundred eighty two past New York State Department of Environmental
thousand one hundred, and fifty dollars ($182,150.00). A Conservation action at the Park of any threat to the surrounding
previous change order had increased this amount by eighteen neighborhood.
thousand dollars ($18,000.00) thus making the previous value The Department asks that the Common Council authorize
of the work two hundred thousand, one hundred and fifty Mayor Masiello or his designees to pursue funding for site
dollars ($200,150.00). Due to environmental circumstances investigation and that after grant is received, authorization to
beyond our control, the contract sum will be increased by act as necessary in management of this grant.
ninety-six thousand, four hundred ninety-one dollars and ninety REFERRED TO THE COMMITTEE ON COMMUNITY
cents($ 96,491.90) The new Contract sum including this DEVELOPMENT.
Change Order will be two hundred nintey-six thousand, six
hundred forty-one dollars and ninety cents($296,'!614.90). NO.62
Your favorable review and increase of this contract amount will RESPONSE-NEGOTIATETRANSFER
be appreciated. 91ADAMSSTREET
REFERRED TO THE COMMITTEE ON FINANCE AND ITEM#116,C.C.P.1/6/98
ENVIRONMENTAL MANAGEMENT COMMISSION. In the above referenced item, Your Honorable Body
requested the Division of In-Rem Properties to negotiate the
NO.59 sale of the property back to the former owner. Also, the
MINIMUMCOSTOFPROJECTS resolution stated that the Johnsons' had previously filed a
REQUIRINGABUILDINGPERMIT. request to have the tax bill for 91 Adams Street combined with
ITEM#241.C.C.P.JANUARY20,1998 89 Adams, their home.
In response to the above stated Common Council The Director of In-Rem Properties met with Mr. & Mrs.
Communication I would like to supply your Honorable Body with Johnson. The Johnson's provided a copy of their request to
the following information. On April 16, 1996 Your Honorable have the property at 89 and 91 Adams combined into one tax
Body passed item number 158 in reference to the minimum bill. The request was stamped with the date it was received by
monitory threshold requiring the application and issuance of a the Tax Department. The Johnsons' were under the
building Permit. At that time the minimum threshold was raised impression that the combination had been completed.
from Five hundred dollars($500.00) to seven hundred and fifty After a review of the tax records by Ms. Michaux in the Tax
dollars ($750.00). This change has been reflected in Section Department, it was determined that the request by the
175 of the Charter and Ordinance of the City of Buffalo. To Johnsons' had been made. However, due to a technicality, the
rectify this situation, I advise your Honorable Body to request combination was not made because of prior year taxes owed on
the Department of Law to research and change the pertinent the vacant lot.
Code sections relating to this situation. Your pointing out that After a meeting with the Corporation Counsel and Ms.
the Division of Inspections, Licenses and Permits uses a form Michaux, it was determined that it would be in the best interest
that improperly reads that all repairs exceeding five hundred of the City to have the property title returned to the Johnsons',
dollars 500.00) is being implemented as a cost cutting since it is the garage for their home at 89 Adams Street. The
($
return of the title will be on the condition that all City taxes and
measure. We have informed staff members when using this
foreclosure fees are brought up to date. The Johnsons' have
form to strike the Five hundred dollar ($ 500.00) amount and
agreed to these conditions and have delivered a money order in
enter the proper amount of seven Hundred and Fifty dollars ($
the amount of $751.45.
750.00). Please be advised that when these forms are depleted
I am recommending that Your Honorable Body authorize the
we will order new forms reflecting the correct amount. It is my
Corporation Counsel to take the necessary steps to petition the
sincere hope that this response satisfies your inquiry.
Court and to have the property located at 91 Adams Street
REFERRED TO THE COMMITTEE ON FINANCE.
removed from In-Rem Sale #31.
Mrs. LoTempio moved:
NO.60
That the above communication from the Commissioner of
CLEANWATER/CLEANAIRBONDFUND
Community Development dated February 12, 1998, be received
The Department of Community Development has previously
and filed; and Codes and Ordinances.
That the Commissioner of Community Development be, and I trust that this satisfies your inquiry.
he hereby is authorized to remove 91 Adams Street from In RECEIVED AND FILED.
Rem Sale #31 and transfer the property to the Johnsons' on
the condition that all City taxes and foreclosure fees are NO.67
brought up to date. That the Corporation Counsel be MORATORIUMONPERMITSFORDEMOLITIONS
authorized to petition the Court to have the property located at ELMWOODAVE.
91 Adams Street removed from In Rem Sale #3 1. The Department of Community Development has already
PASSED. begun the process of initiating a community based planning
AYES - 12 NOES - 0. process for Elmwood Avenue. On February 3, 1998, the
Division of Planning, in conjunction with Councilmember
NO.63 Zuchlewski, met with the Elmwood Avenue Task Force to begin
PUBLICHEARINGONCITIZENSCONCERNS-RE:work on a proactive marketing plan.
EMPIREIIPAWNBROKERS1570MAINST. With respect to your Honorable Body's request to develop
ITEMNO.195,CCP2/3/98 cohesive zoning provisions for Elmwood Avenue, the
In response to the above stated Common Council Department intends to address this issue through the City
communication, I would like to supply your Honorable Body with Master Plan effort. Please keep in mind that, in the interim,
the following information: The Department of Community Elmwood Avenue has probably the most restrictive zoning in
Development, Division of Inspections, Licenses and Permits the City. This ordinance, combined with city-wide site plan
has no formal complaints on record in reference to this review, provides a high level of protection for the Elmwood
business. Currently, there have been inquiries as to the Avenue strip.
complaint process and there has been distribution of complaint REFERRED TO THE COMMITTEE ON COMMUNITY
forms. As your' Honorable Body is aware, if a license holder is DEVELOPMENT.
operating a business in violation of the Ordinances of the City
of Buffalo, he/she is subject to legal action, fines and possible NO.68
revocation of their license to operate. 164EASTUTICA-INSPECTION
As of this writing, the Division of Inspections, Licenses and Regarding the inspection of the above entire dwelling by
Permits has no record of any formal complaints, either from Building Inspector Robert Katilus and Director of Inspections
concerned citizens or the Police Department. The current Gary Ziolkowski, reveals the following:
license held by the subject pawnbroker is due to expire in May 1. Substantial failure of floor joists/foundation members and
of 1998. At that time, if there are any outstanding complaints support beams.
and/or issues that are considered illegal according to the laws 2. Fire separations missing.
we enforce, we will not renew and will disapprove the license 3. Windows rotted.
application. If complaints of a more severe nature are brought 4. Roof system deteriorated.
forth by individuals and/or the Police Department, the Division 5. Electrical, plumbing and heating systems must be upgraded
of Inspections, Licenses and Permits will consult with the Law to meet code compliance.
Department to determine if adequate reasons exist to conduct a The cost and extent of repairs far exceed the $3,000 building
hearing for the possible revocation of the operating license. permit taken on 9-5-97.
I trust that this response satisfies your inquiry and sincerely Please provide this department within thirty days a stamped
hope that any citizen issues and/or complaints would be filed affidavit from a registered architect or licensed professional
with this department and/or the Police Department in a timely engineer indicating the necessary repairs to be performed in
manner. order to obtain a certificate of occupancy which was revoked
REFERRED TO THE COMMITTEE ON LEGISLATION. for the above mentioned property on 11/1/95. All work must be
performed by licensed contractors and supervised by architect
NO.64 or engineer.
AMENDEDSITEPLANAPPROVAL,STUDENT Upon receipt of stamped affidavit and approval of repairs, an
RECREATIONCENTER-CANISIUSCOLLEGE amended building permit will be required.
The City Planning Board at its regular meeting held January Please understand the above requirements are not intended
27, 1998 considered the matter captioned above pursuant to to prevent renovations but simply a vehicle to insure code
Section 511-137 of the Buffalo Code - City Wide Site Plan compliance.
Review. The City Planning Board approved the original site REFERRED TO THE COMMITTEE ON LEGISLATION.
plan with conditions at its regular meeting held December 30,
1997 and after conducting a public hearing December 16, NO.69
1997. C.C.P.FEBRUARY4,1998,COM.100
After finding that the changes to the original site plan do not R.QUINTANA-CONCERNS-WESTSIDE
constitute major changes to the integrity of the project and after NEIGHBORHOODHSG.SVES.
support from the District Councilmember the Board voted to The Division of Neighborhoods has conducted a program
approve the amended site plan dated December 31, 1997, review of West Side Neighborhood Housing Services, Inc. A
prepared by your firm and identified as Project 9755, Drawing draft of this review has been completed as of February 11,
Al, with the same conditions as in the original approval. 1998. This review outlines areas of concerns that will have to
RECEIVED AND FILED. be addressed by the agency. At this time, the division feels
that it is unnecessary to suspend funding of the agency. We
NO.65 are actively engaged with the agency to negotiate necessary
SITEPLANAPPROVAL,318HOWARDST. corrective actions and a full report will be made available to the
-PLANTEXPANSION district council member upon completion, no later than March
The City Planning Board at its regular meeting held January 3, 1998. The six items requested by the Council Member will
27, 1998 considered the matter captioned above pursuant to be available and attached to the final report for review.
Section 511-137 of the Buffalo Code - City Wide Site Plan REFERRED TO THE COMMITTEE ON COMMUNITY
Review. DEVELOPMENT.
After conducting a public hearing on the matter in which all
interested parties were invited to comment the Board voted to FROMTHECOMMISSIONEROFSTREETSANITATION
approve the site plan dated January 5, 1998, prepared by NO.70
James Barnmel, Architect, identified as L1. The Board noted APPOINTMENTDEPUTYCOMMISSIONEROFSTREETS
that if the parking areas are not adequately screened by an NICHOLASF.TOMASULO
existing berm, a solid fence will need to be installed at the Please be informed that I am appointing to the position of
appropriate height. Deputy Commissioner of Street Sanitation, Nicholas F.
RECEIVED AND FILED. Tomasulo, 25 Hodge Street, Buffalo, New York.
His appointment is effective February 4, 1998 at the salary of
NO.66 $43,920.
"USE2669-2671BAILEYFORSOCIALCENTER" RECEIVED AND FILED.
ITEMNO.110,C.C.P.1/20/98
I would like to provide your Honorable Body, the Common NO.71
Council, with the following information. The Department of RECYCLINGATBMHAPROPERTIES
Inspections has done their part in issuing an application for a I have received your letter dated January 21st regarding
permit and referring it to the Zoning Board for approval. recycling at BMHA properties. Let the following serve as an
Once it is approved the Department of Inspections will follow update on this effort:
through to make sure it complies with all Local and State
1. I have met with representatives of BMI-IA to Deputy as assigned by the Commissioner:
determine the test sites for the pilot recycling program. The Section 1 - Article 14 A Sec. 285.5 Senior Deputy
properties selected were 1) Styvesant, 2) Elmhurst, 3) Lafyette Commissioner, Duties and Powers, "The Commissioner of
and 4) Mont Senior Geary. human services, parks and recreation shall appoint a senior
2. After the sites were selected, I conducted recycling deputy commissioner of human services, parks and recreation
education meetings, and distributed information to tenants who shall discharge the duties of the commissioner during his
regarding the proper recycling procedures. or her absence from the city or in his or her illness. He or she
3. BMHA to provide all recycling receptacles. The City also shall (a) monitor programs and personnel assignments to
to provide recycling collection services. insure appropriate coordination, execution and administration of
4. Bob Battaglia, Recycling Superintendent, has set-up the duties and powers vested in the commissioner; (b) act as
a meeting for later in February to discuss expansion plans for the liaison between the department of human services, parks
the program into other facilities. Recycling education meetings and recreation and other city departments and agencies having
and information will be provided here as well. a direct or indirect interest in the affairs of the department and
If you should have any questions regarding the BMHA perform such other duties as may be assigned to him or her
recycling program, please call me at extension from time to time by the commissioner of human services,
5355. Thank you for your attention to this matter. parks and recreation (Added by L.L. No. 10-1995)
REFERRED TO THE COMMITTEE ON LEGISLATION. Section 2 - Specific duties of Senior Deputy.
I have asked the Senior Deputy to oversee the daily operation of
FROMTHECOMMISSIONEROFADMINISTRATIONANDdepartmental functions located primarily in City Hall. These
FINANCE divisions include:
Senior Affairs: This division overseas nine (9) senior centers
NO.72 and also provides van and bus services. Handicapped
AFFIRMATIVEACTIONCOMMITTEE Advocacy: This division provides information and guidance for
-MEETINGMINUTES all ADA requirements including issuing handicapped parking
This letter is in response to your request from the July 15, permits.
1997, Civil Service Committee meeting. The following Division for Youth: This division provides funding to 16
individuals met on January 30, 1998, in Room 225, at 10:30 agencies and monitors agency contracts. This unit includes
am: Brian Stocker, Emilio Fuentes, Antoine Thompson, David the Lighted Schoolhouse Program and the Youth Court
Hayes, and Olivia Dragone. The following items were Program.
discussed: Drug and Substance Abuse Services: This unit administers
* newly created job titles will be designated as a specific EEO five (5) treatment facilities throughout the City with the intake
category by the EEO Officer on the same form as the unit located in City Hall. This division also runs a prevention
Union/Exempt designation. program under contract with BMHA at various BMHA sites.
* Need to clarify the accuracy of data and Civil Service to Contract Administration: This unit currently administers
explain which agencies are encompassed in the data (i.e. COB, Human Service Contracts with 75 City Agencies funded
BMHA, BSA, etc.). through the Block Club.
* Emilio Fuentes and Tom Caveratta will have the computer Arts Commission: This unit is responsible for the rehab of
program resolved and a correct utilization analysis done in public art and also coordinates special events for the City.
February, 1998, Support Services: provides coordination of activities for the
* A trend analysis will be done as soon as possible that will Mayor's impact team and works with other agencies to
reflect data from 1980, 1990, 1994, 1995, 1996, and 1997. coordinate city-wide clean-up activities (Glad-bag-a-thon) and
* Law Department to give legal opinions on the collection of other related issues. Human Services Agency Evaluation:
race data (i.e. voluntary/mandatory and applicant/new hires), agency evaluations are long overdue. I have asked the Senior
the collection of data on test takers (Zip code, sex), and how Deputy to implement an evaluation strategy.
we define Hispanic, Black, etc. (i.e. Mexico, Spain, speak, last Other Services: Our department currently provides staff to the
name, parents/grandparents). Court Outreach Unit referral and Treatment (C.O.U.R.T.S.)
* All Commissioners, Department Heads, and Council Program currently housed in City Court. Coordination required
Members to receive copies of utilization and trend analysis on a between DFY and DSAS to ensure success of this award
quarterly basis. winning program. Human Service Administration also provides
* What are our current resources to be able to do effective oversight for the C.I.T.Y. program, a grant written by the
recruiting? What are the outside resources that could be Department and coordinated with the Police Department . We
utilized? also administer a portion of the Law Enforcement Block Grant
* Contract compliance back to City Hall from 620 Main St? in conjunction with Community Development which provides
Meetings set for February 12 and 26, at 10:30 am, in Room support for the C.O.U.R.T. S. program and Police Bike Patrols
225. in Parks during the Spring and Summer months.
If you have any questions, you can contact Brian Stocker at Contracts Compliance Unit: This unit monitors construction
4270. and other contracts to insure minority participation mandates.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE. This unit will probably be folded into Human Services, Parks
and Recreation when the move from BEDC to City Hall is
NO.73 complete.
COMPLAINTPROCEDURE The Commissioner will continue to direct administration of
This letter is a reminder of various procedures that currently Parks, Recreation, and Forestry functions
exist within our organization, with regard to complaints of of the department:
discrimination, harassment, etc. I have provided a copy of the Division of Parks: Maintenance of 150 parcels of parks
Complaint Procedure that is incorporated in the City's ranging in size from 368 acres to. I acre. These figures
Affirmative Action Plan. I have also given you a summary page include 12 large parks of 25+ acres and 3 golf courses.
from the City's Sexual Harassment Policy. Finally, remember Division of Recreation: Administrates nine (9) Community
that all bargaining unit members are entitled to discuss these Centers, three (3) indoor ice rinks,
types of problems with their respective union representatives. ten (10) outdoor swimming pools, two (2) indoor swimming
If you have any questions, I can be reached at 851-4270. pools plus implementing city wide P.A.L. programs with the
Your cooperation is greatly appreciated. Police Department. This unit also coordinates special events
PLEASE NOTE: A reminder that the Affin-native Action within the Parks (winterfest, juneteenth, Friendship Festival,
Committee generally meets in etc.)
Room 225 of City Hall every other Thursday at 10:30 am. Division of Forestry: Coordinates all tree removals, trimmings
REFERRED TO THE COMMITTEE ON CIVIL SERVICE. and plantings in Parks and along streets between the curb and
the sidewalks.
FROMTHECOMMISSIONEROFHUMANSERVICES,Parks Administration: Issues over 600 park permits for
PARKSANDRECREATION various activities in parks ranging from family picnics to
NO.74 festivals. Issues resident I.D. cards, golf permits, bait dipping
SALARYORDINANCEAMENDMENT permits. Fiscal responsibility for rental ice time, golf fees,
HSPR pool/rink admission fees.
ITEMNO.231,C.C.P.JANUARY20,1998 Other duties: Commission works directly with Council
I have been asked to delineate the duties of the newly members and Community Development on park
appointed Senior Deputy of Human Services, Parks and development/rehabilitation. Also, deals directly with park
Recreation. In Section 1 below, I have reprinted the "duties steering committees, block clubs, Olmstead Conservancy,
and powers" of the Senior Deputy from the City Charter. In Urban Resources Partnership, Pest Management Board,
Section 2, I have outlined the specific duties of the Senior Community Gardens, Buffalo Green Fund and Buffalo in
Bloom. Public Works- Holly Gasuik McNamara
Our department deals directly with the public in a wide range of Police- Kate M. Galley, Patrick P. Baggott, Patrick E. Morrow,
services. The senior deputy position can do nothing but Vanessa Rowe
improve these services by providing a division of labor that will Community Development- Mike Dickman
provide better oversight of individual department functions. Street Sanitation- Nicholas F. Tomasulo, Paul V. Sullivan
RECEIVED AND FILED. RECEIVED AND FILED.
FROMTHEBUFFALOMUNICIPALHOUSINGAUTHORITY NO.80
REPORTSOFATTENDANCE
NO.75 City Planning Board Meeting Tuesday February 10, 1998
LAKEVIEWHOMES-LEADAGENCY-SEQR Present S. Theodore Berg,James Morrell, Michael Lyons,
In association with the revitalization of Lakeview Homes (the Horace Gioia, Cynthia Schwartz
"Project") in Buffalo, New York, your agency has been Absent Donald Champagne, Susan Hoyt
identified as an involved agency pursuant to Article 8 of the RECEIVED AND FILED
New York State Environmental Conservation Law and the
regulations promulgated under Article 8 and set forth at Part
NO.81
617 of Title 6 of the New York Code of Rules and Regulations
NOTICESOFAPPOINTMENTS-COUNCILINTERNS
(collectively referred to as “SEQR”). The Project is a Type I
I transmit herewith appointments to the position of Council
activity and requires a coordinated review pursuant to SEQR.
Intern.
The Buffalo Municipal Housing Authority ("BMHA”) proposes
Mrs. LoTempio moved the approval of the appointments to
to act as lead agency for purposes of SEQR. A lead agency
the position of Council Intern.
must be agreed upon within 30 calendar days of the date of this
ADOPTED.
letter. If your agency plans to contest BMHA's status as lead
Appointment effective January 3, 1998 in the Department of
agency, your agency must notify BMHA within 30 days.
Common Council Division of to the Position of Intern I
Enclosed for your review is Part 1 of the Full Environmental
Seasonal Non-Competitive at the Flat Starting Salary of: $7.00
Assessment Form along with an additional environmental
per hr.
assessment information package. Based on the information in
JANINE STOKES 132 ROSE ST BUFFALO, NEW YORK
the Environmental Assessment Form and the additional
14204
environmental assessment information package, BMHA is
considering issuing a negative declaration in connection with
NO.82
the Project. Please forward the EAF and the additional
NOTICESOFAPPOINTMENTS-SEASONAL/FLAT
environmental assessment information to the appropriate
I transmit herewith certificates received by me, reporting
personnel within your agency. If your agency would like to
seasonal and flat salary appointments made in various
submit comments concerning the determination of significance,
departments.
please forward them to BMHA within 30 days.
RECEIVED AND FILED.
If you have any questions, please contact Lawrence D.
Appointment effective February 9, 1998 in the Department of
Senear, R.A., Director of Capital Improvements and
Street Sanitation to the position of Seasonal Laborer II Non-
Development at BMHA. Mr. Senear can be reached at (716)
Competitive at the Flat starting salary of $ 6.92 hr.
855-7580, Ext. 204. Please forward written acknowledgement
Abdalla S. Mahamud
of your receipt of this correspondence. Thank you for your
427 Grant Street Apt #4
anticipated cooperation.
Buffalo, New York 14213
REFERRED TO THE COMMITTEE ON COMMUNITY
Appointment effective: February 2, 1998 in the Department of
DEVELOPMENT.
Human Services, Parks & Recreation Division of Youth to the
Position of Attendant Temporary at the Flat Starting Salary of
FROMTHECITYCLERK
$5.15 p/h
LaTisha Turner 21 Gesl Buffalo 14214
NO.76
Samuel Turner Jr. 21 Gesl Buffalo 14214
MAYORREPORTEDOUTOFSTATE
Beverly Semenow 453 Amherst Buffalo 14207
I transmit herewith a communication received by me from the
Benjamin Smith 401 Delaware Buffalo 14202
Mayor, reporting his absence from the state from Wednesday,
Rosie Woodfork 236 Bissell Buffalo 14211
February 4th, from 7:00 a.m. until Sunday, February 8th, 1998
Kendell Burwell 268 Rodney Buffalo 14214
at 6:00 p.m.
Freddie Mills Jr. 229 Landon Buffalo 14208
RECEIVED AND FILED.
Cheryl Harris 1407 Michigan Buffalo 14209
Frances Gonzalez 7B Jasper Parrish Buffalo 14207
NO.77
Wilmer Olivencia Jr. 351 Normal Buffalo 14213
DISPOSITIONOFCITYRECORDS
William Sandoval 396 Vermont Buffalo 14213
The following departments have requested to dispose of City
Catherine Snyder 64 St. Florian Buffalo 14207
Records as indicated on the attached forms. Based on the
John Rodriguez 407 Trenton Buffalo 14201
information provided I have authorized the disposition of these
April Nicastro 252 Massachusetts Buffalo 14213
records in my capacity as City Records
Nicholas Bertini 38 Hubbell Buffalo 14220
AUDIT & CONTROL, DATA PROCESSING, ACCOUNTING
Jennifer Clancy 59 Alturia Buffalo 14220
ADMINISTRATION & FINANCE
Susan Clancy 59 Alturia Buffalo 14220
STREETS & SANITATION
Annamaria Kobis 229 Geary Buffalo 14210
PUBLIC WORKS - WATER
Kevin Murphy 94 A Alturia Buffalo 14220
COMMON COUNCIL
Tammy Wagner 7 Zittel Buffalo 1421
CITY CLERKS - DOGS
Eileen O'Rourk 39 Coronada Buffalo 14220
COMMUNITY DEVELOPMENT, INSPECTIONS
John Mack 454 Bird Buffalo 14213
RECEIVED AND FILED.
Gary Nelson 341 East Buffalo 14207
Patricia Schultz 9 Heward Buffalo 14207
NO.78
Joseph Zon 129 Military Buffalo 14207
LIQUORLICENSEAPPLICATIONS
Mary Geraci 29 Elam Buffalo 14214
Attached hereto are communications from persons applying
Jaclyn Cannarozzo 29 Elam Buffalo 14214
for liquor licenses from the Erie
David Celano 28 Woodette Buffalo 14207
County Alcohol Beverage Control Board.
Robert Lodinsky 147 Bird Buffalo 14214
Rose Aquilina 145 Dorchester Buffalo 14213
Address Business Name Owner's Name
Darlene Brown 41 Oxford Buffalo 14209
511 Ontario St. J. Hellerer & Same
Keay Kiles 4 Newburgh Apt 4 Buffalo 14211
R. Sinnott Jr.
Helen Sciolino 30 Tremont Buffalo 14213
64 Chippewa St. 64 Franklin St. Inc. Same
Brian Smith 91 O'Connell Buffalo 14204
RECEIVED AND FILED.
Tabitha Stroud 139 Arden Buffalo 14215
Gwendolyn Mack 25 Hill Buffalo 14215
NO.79
Thurston Finch 167 Hughes Buffalo 14208
LEAVESOFABSENCEWITHOUTPAY
Amina Zinnerman 23 Girard Buffalo 14211
I transmit herewith notifications received by me, reporting the
Kita Williams 122 Orange Buffalo 14204
granting of the leaves of absence without pay, in the various
Bernard Pryor 50 Jaktram Buffalo 14209
departments as listed:
JoAnne Syracuse 88 Wellington Buffalo 14216
Comptroller- Frank Faber,
David Shamrock 86 Commnonwealth Buffalo 14216
Paula Haraschello 246 Rhode Island Buffalo 14213
Appointment effective February 2, 1998 in the Department of NON-OFFICIALCOMMUNICATIONS,PETITIONSAND
Human Services, Parks & Recreation Division of Youth REMONSTRANCES
to the Position of Lifeguard Seasonal Non-Conpetitive at the NON-OFFICIALCOMMUNICATIONS
Flat Starting Salary of: $ 5.20 p/h NO.84
Kate GorIewski 12 Wildwood Buffalo 14210 D.ANDERSON
Joseph Ray 571 McKinley Buffalo 14220 ANOPENLETTERTOTHECOMMONCOUNCIL
Kevin Young 59 Weber Buffalo 14215 We would like to commend your courage for holding
Joseph McMahon 81 Briggs Buffalo 14207 hearings on the very difficult issue of police brutality. It is a
Joshua McMahon 81 Briggs Buffalo 14207 concern of vital importance that could not be swept under the
Appointment effective February 2, 1998 in the Department of rug, and you showed real leadership. The police must always
Human Services, Parks & Recreation Division of Youth to the treat all people with courtesy and respect, which isn't always
Position of Supervisor Temporary at the Flat Starting Salary of the case.
$6.00 p/h We are, however, disturbed when speakers are not
Linda Marchese 191 Hodge Buffalo 14222 victims of police brutality, but are in fact violent criminals who
Steven Porter 675 Delaware Buffalo 14202 have hurt innocent people in the community. It's disgusting
David Shamrock 86 Commonwealth Buffalo 14216 that they used the hearings to conceal their criminal
JoAnne Syracuse 88 Wellington Buffalo 14216 backgrounds and trash innocent men and women.
Carmella Trippi 26 Woodette Buffalo 14207 We are referring to self-styled "community activist"
Eileen Saporito 106 Eckhert Buffalo 14207 Darnell Jackson of 24 Barthell Street in Buffalo. Jackson is a
Cathleen Lasky 91 Eaglewood Buffalo 14220 violent, unrepentant career felon who has caused much
Irma Cole 201 East Amherst Buffalo 14214 damage to East Buffalo. (Please see the enclosed public
Cliffie Turner 109 Pembroke Buffalo 14215 information). Jackson shot people, beat and choked people
LeMar Robinson 634 East Ferry Buffalo 14211 and stole from people. Jackson said he "will never live in
Kenneth Stroud 139 Arden Buffalo 14215 peace. " (Buffalo News, 12/28/96). He is a terrible role model
Rosalyn Porter 353 Northumberland Buffalo 14215 for the children he tried to exploit at a bogus, closed "drop-in"
Appointment effective February 4, 1998 in the Department of center on Genesee St. 'Mere are thousands of dollars of liens
Human Services, Parks & Recreation Division of Youth to the against Jackson by innocent people who were duped into
Position of Attendant Temporary at the Flat Starting Salary of supporting this "drop-in" center.
$5.15 p/h We are alarmed because at the public hearing
Mark Sumbrum 11 19 Rutland Buffalo 14220 Jackson said that he would form a so-called "Volunteer Police
Monique Duffy 193 Mackinaw Buffalo 14204 Force on the East Side," and that "nobody better stand in their
Robert Lipscomb 46 Ada Buffalo 14208 way." A posse of criminal thugs calling themselves a police
Appointment effective February 4, 1998 in the Department of force is a recipe for anarchy and mayhem that will greatly harm
Human Services, Parke & Recreation Division of Youth to the the Genesee Moselle community, and we are calling on the
Position of Supervisor Temporary at the Flat Starting Salary of police and our elected officials to protect us from this kind of
$6.00 p/h "outlaw justice."
David Bannister 149 Hamburg Buffalo 14204 Please be aware that the violent, disruptive behavior
Catherine Gustina 111 University Buffalo 14214 of the criminal Jackson and his confederates threaten the good
Appointment effective February 10, 1998 in the Department of work of the Police Reorganization committee and peace and
Human Services, Parks & Recreation Division of Youth to the order in the City of Good Neighbors. Please know that we are
Position of Attendant Temporary at the Flat Starting Salary of very concerned when one of the speakers praising Jackson
$5.15 p/h promised that there "will be a Holocaust this summer."
Yvonne Answeeney 52 O'Connell Buffalo 14204 Mr. Quintana, God Bless You, and please look out
Joseph Baran 64 Vernon Buffalo 14214 for us on the East Side.
REFERRED TO THE COMMITTEE ON POLICE
NO.83 REORGANIZATION.
APPOINTMENTS-
TEMPORARY,PROVISIONALORPERMANENT NO.85
I transmit herewith Appointments in the various F.ATTEA
departments made at the Minimum (Temporary, Provisional or COMMENTS-SUPERSPANPROJECT
Permanent) and for Appointments at the Maximum (as per I sincerely appreciate the leadership role you have
contract requirements) . taken regarding the SuperSpan Upper Niagara, LLC initiative.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE. Buffalo should follow your counsel regarding the need for a
Appointment effective February 7,1998 in the Department of gateway border crossing in which we can take pride.
AUDIT & CONTROL Division of DATA PROCESSING to the Your support for providing SuperSpan additional
Position of COMPUTER PROGRAMMER TEMPORARY time to further develop their proposal is encouraging. As you
Minimum at the starting salary of $33,411 may know, SuperSpan supporters have recommended
MANGING CHU 14 CLEVELAND DR. BUFFALO, 14215 organizing a Binational Design Charette which would provide
Appointment effective 2/10/98 in the Department of Public various study options and conceptual design alternatives for the
Works Division of Engineering to the position of Junior proposed expansion of the Peace Bridge. This workshop
Engineer Provisional at the Minimum Starting Salary of $31,243 would engage the leaders and citizens of the Niagara Region in
Donald J. Polito 148 Densmore St. Buffalo, NY 14220 a process that would capture the aspirations of our community
Appointment effective: February 3, 1998 in the Department of: for a bridge design that fits within our budget, creates
Police to the Position of Senior Cellblock Attendant Provisional economic opportunity, makes wise use of land and is
at the Minimum Starting salary of $25,891 contracted and operating in a timely way.
Norbert Ryan 324 Abbott Road Buffalo, New York 14220 I trust you will continue your role to assist our
Appointment Effective February 23, 1998 in the Department of collective efforts to design a signature bridge, and plaza which
Community Development Division of Inspections, Licenses & is an economic gateway for our binational region and a
Permits to the Position of Clerk Permanent at the Minimum worldclass legacy for the next 100 years. Again, thank you for
Starting Salary of $21,917 helping us raise the level of our discussions on this critical
Melissa Wilder 23 Fuller Street Buffalo, New York 14207 RECEIVED AND FILED.
Appointment effective February 2, 1998 in the Department of
Community Development Division of Planning to the Position of NO.86
Brownfields Manager 11 Provisional at the: Minimum Starting INNERHARBORPROJECT
Salary of $34,815 STATUSREPORT
Thomas Pisa 664 Columbus Parkway Buffalo, N.Y. 14213 ITEMNO.68COM.58C.C.P.5/27/97
Appointment Effective: February 11, 1998 in the Department of This communication is intended to update the
Administration and Finance Division of Parking Enforcement to Common Council on the status Buffalo Inner Harbor Project, as
the Position of Parking Enforcement Officer Permanent at the requested by the Community Development Co pursuant to the
minimum Starting Salary of $23,028 Inner Harbor Funding Agreement between the City of Buffalo,
Lonny J. Laska 15 Wex Avenue Buffalo 14211 Buffalo Urban Renewal Agency and the Empire State
Appointment effective February 5, 1998 in the Department Development Corporation.
Street Sanitation to the Position of Seasonal Laborer II The Inner Harbor consultant team led by Jambekhar
Seasonal Non-Competitive at the Flat starting salary $6.92 hr. Strauss PC has completed Urban Analysis Phase of the
Alexander Porter 151 Prospect Avenue Buffalo, N.Y. 14201 Buffalo Inner Harbor Project. As well as con a detailed
Timothy N. Wright, Jr. 175 Shenandoah St Buffalo, N.Y. 14220analysis of existing conditions in and around the Inner Harbor
the Project Team has conducted a series of workshops with permits to, on property that I have nothing to do with.
individuals and organizations with particular interest in the Inner If a blue-collar city like Buffalo, New York implies
Harbor in order to dev preliminary programming suggestions for that the homeowner for the house next door should pay for the
use of the site. Copies of the In Harbor Goals and objectives damage that was caused by an irresponsible demolition, then it
and a summary of the Use Workshops is attached your is no wonder that people are leaving the city at a rate of 300
information. people per month. People don't like having their intelligence
Based on the Urban Analysis, the Use Workshops, insulted. Successful city's are the the one's where city officials
and the Council's Community Development Committee's see to it that contractor's and plumbers take responsibility for
Recommended Objectives for the Project, the Project has their Mistakes.
developed three alternative Organizational Diagrams for the I expect to be reimbursed for my expenses, by the
Projects key component of at least two of the Organizational responsible parties contributing to this careless operation.
Alternatives is recognition of the Commercial Slip and the site's Please contact my son Rodney Washington at 29
historical legacy, and the relocation the site's major public plaza Sprenger, Avenue, Buffalo, New York 14211 if you have any
from under the skyway. Copies of the Organizational questions regarding this matter.
Alternatives are attached for your review and information. REFERRED TO THE COMMITTEE ON LEGISLATION,
The Urban Design Team is beginning preparation of COMMISSIONER OF COMMUNITY DEVELOPMENT AND
Master Plan alternatives target of arriving at a recommended BUFFALO SEWER AUTHORITY
Site Master Plan by May 1998.
Preliminary Master Plan Alternatives will be reviewed NO.88
with the Inner Harbor Community Advisory Committee on COALITIONFORATOBACCOFREEERIECOUNTY
March 17, 1998 (tentative). A Public Presentation of the RESTRICTIONOFTOBACCOADVERTISING
Master Plan alternatives is tentatively scheduled for last week Attached please find statements from various
of March 1998. organizations on Councilmember Pitts' proposed resolution on
The project's environmental review consultants - the restriction of Tobacco Advertising.
Parsons Brinckerhoff Quad Douglas - completed a draft REFERRED TO THE COMMITTEE ON LEGISLATION.
Scoping Document and held a public scoping session
November 24, 1997. Written comments on the Scoping NO.89
Document were accepted through January 16, 1998. A Final EMPIRESTATEDEVELOPMENT
Scoping Document will be released by the end of February. RIVERRANCHNORTHEAST,INC.
The consultant team is beginning preparation of the Preliminary JOBSNOWPROGRAM
Draft Environmental Impact Statement based on the Scoping Enclosed please find a copy of the General Project
Document, Scoping Session and comments received. Plan (the "Plan") and findings for the proposed River Ranch
REFERRED TO THE COMMITTEE ON COMMUNITY Northeast, Inc. JOBS Now Program in the City of Buffalo. In
DEVELOPMENT.accordance with Section 16(2) of the New York State Urban
Development Corporation Act (Chapter 174 of the Laws of
NO.87 1968), as amended, we request that the Plan and findings be
M.BOUIE filed in your office.
COMMENTS-DEMOLITITLON-280JEW2TTAVENUE A public hearing for this project will be held in the
Please be advised of an occurrence involving the 13th Floor Common Council Chambers, Buffalo City Hall, on
negligence of a contractor and plumbing company, during the Monday, February 9, 1998 from 9:30 a.m. to 10:30 a.m. If you
demolition of a property at 280 Jewett Avenue in the City of have any questions, please contact me at 716-688-0485.
Buffalo. Thank you for your cooperation.
The demolition was a private demolition. But if the RECEIVED AND FILED.
city is responsible for issuing permits for demolition and
dismantling, then liability should be discussed since the NO.90
demolition’s caused several thousand dollars worth of damage EMPIRESTATEDEVELOPMENT
to the sewer system connected to my house, 282 Jewett 'PROTECTIVECLOSURESCO.EMPIRESTATEEC.DEV.
Avenue. FUND
After the demolition of 280 Jewett, the Buffalo sewer Enclosed please find a copy of the General Project
authority, came to my house and televised a blockage in my Plan (the "Plan") and findings for the proposed Protective
sewer line. Their report indicated a collapse in the line which Closures Company Empire State Economic Development Fund
prevented the sewage from my house from reaching the street. Project in the City of Buffalo. In accordance with Section 16(2)
The sewer authority will also verify that the sewer lines for both of the New York State Urban Development Corporation Act
properties were on a "lateral line" and herefore the dismantling (Chapter 174 of the Laws of 1968), as amended, we request
of one service line had a damaging effect on my household and that the Plan and findings be filed in your office.
the contents of my basement. A public hearing for this project will be held in the
The contractor, Engineered Dismantling, refused to 13th Floor Common Council Chambers, Buffalo City Hall, on
take any responsibility for this mishap. They apparently used Monday, February 9, 1998 from 10:30 a.m. to 11:30 a.m. If you
Lincoln Plumbing, who also refused to admit to any wrong have any questions, please contact me at 716-688-0485.
doing and refused to return phone calls concerning the matter. Thank you for your cooperation.
My son, Rodney Washington, and I contacted RECEIVED AND FILED.
several offices in Buffalo's City Hall. We assumed that prior to
the Mayor making a State-of the-City address, He would want NO.91
to know what was going on in the City. K.HELFER
This unconscionable blunder was brought to the BOARDOFEDUCATIONRESOLUTIONONCHARTER
attention of: the Commissioner of Public Works, City Plumbing, SCHOOLS
The Mayor's Complaint Line, The Mayor's Task Force and The Attached please find a resolution which the Board of
Masten District Councilman's office. Education passed at its meeting on February 4, 1998. This
In addition, we spoke to Art Pauloucci, the item is relevant to the charter school resolution which this
Contractor and a representative from Lincoln Plumbing. This Common Council passed on Tuesday, February 3, 1998.
job was also brought to the attention of WIVB's Call For Action REFERRED TO THE COMMITTEE ON EDUCATION
.
Hotline.
Our basement was snaked out on several occasions
NO.92
during the month's of November and December. With no
HUMANDEVELOPMENTCENTERS,INC.
resolution in sight and a newborn baby scheduled to come into
CHANGEUSE-205ONEIDA
my household on January 8 j1998, I was forced to pay Roto-
The Human Development Centers, Inc. is requesting
Rooter to rectify the situation at a cost of $3050. Roto-Rooter
your support of our request to the Division of Permits regarding
nad to repair the sewer line in the street on January 9, 1998. It
changing the use of 205 Oneida Street from a residential use to
was then that they discovered and photographed a water main
that of a drop in center. The property is currently owned by
that had been severed and repaired but was still leaking badly.
Ray and Deana Choczynski, who live next door, but have
Directly underneath the water main, the sewer main had also
purchased the property when their home became over used as
been cut, It was not repaired, it was removed; as in gone.
an informal drop in center for neighborhood residents.
Again, I am the taxpayer for 282 Jewett Avenue and
For the passed several years a phenomenon has
this situation is-a no brainer: I and several other responsible
been growing on Buffalo's east side. The phenomenon has
and sensible people believe that I should not have to pay
been quiet, consistent, subtle, and yet revolutionary. This
formal-the damaged that was-.caused by equipment that I don't
phenomenon has involved the lives of scores of youth and
own, that was used by people that I did not hire or issue
young adults who have passed through the home of one Baha']
family who made a commitment to address the needs of youth also infamous for building their "boxes" and later abandoning
in their neighborhood. Within this little section of Buffalo, them for greener pastures.
hundreds of families exist in a community that 'is racially The block of Elmwood from Bryant to Summer once
diverse, represented by many faiths, composed of many was a lovely and desirable residential block. It has been eroded
models of family - including combinations of foster children and from the corners in and we believe you and all others with the
adopted parents, singles, separated, widowed and divorced power to do so must muster your forces to stop this erosion.
heads of households and even youth practically raising Whatever is built or rebuilt must, from now on, fit the unique
themselves. It is from these individuals the Human character of the neighborhood.
Development center sprang- We strongly support a moratorium on any
Currently, the Local Spiritual Assembly of the development along Elmwood Avenue until a coherent, uniform
Baha'i's of Buffalo has adopted the Human Development plan to promote development reinforcing Elmwood's
Center and assists in the promotion of its service and human uniqueness can be achieved.
development activities. Approximately 50 children, youth, and Please don't let us lose that which brought us to this
young adults, pass through the house that has been donated neighborhood in the first place.
for their activities (at 205 Oneida Street). They represent the RECEIVED AND FILED.
full spectrum of races and ethnic groups in Buffalo. These
participants are not all members of the Baha'i Faith, but all are NO.95
treated with total acceptance, which is the guiding principal of MULTISORBTECHNOLOGIESINC.
the Human Development Center. Certainly, most of the youth SUPERSPANUPPERNIAGARACONCEPT
who pass through the various programs and attend the On behalf of nearly 100 business owners and 1,000
activities, are beset with many issues and problems of which citizens, we are writing to formally request your assistance in
we are all too familiar among our inner city youth. These setting up a meeting with the Buffalo Common Council to
issues involve subjects related to substance abuse, physical discuss the SuperSpan Upper Niagara concept for a new
violence, child neglect and abuse, etc. The Human gateway bridge and landing system for the City of Buffalo. As
Development Center has become a safe place. for any one who you know, we have previously expressed our interest in meeting
hears about it, and its doors are open almost 24 hours a day. with the Council Members as participants in the Council's
Relying upon the religious principles of the major Special SuperSpan Task Force (see enclosed).
faiths and specifically focusing upon the values inherent in the As outlined in our January 29 1h letter to Mayor
teaching of virtues, youth activities are centered around the Anthony M. Masiello (see enclosed), SuperSpan supporters
development of inner strength, clear vision, independent realize that there are a number of important issues regarding
investigation of the truth, and an overall intense appreciation for our original proposal. In light of the recent action taken by the
the universal interdependence of human beings. However, the Buffalo Common Council regarding the proposed LaSalle Park
center's founders know that. young people need to be nurtured landing, we would like to have the opportunity to discuss our
and have many accomplishments in order to build self esteem, alternative solution and hear the Council Members concerns
In turn, self-esteem requires discipline to obtain it. regarding this important project.
As an organization, the Human Development, Inc. is We look forward to meeting with you and the
new (formed in March, 1997). Volunteers contribute to the members of the Buffalo Common Council to discuss a great
needs of the youth which include tutoring, counseling, bridge system which will provide enhanced economic
workshops on values; in addition, when possible, the youth development opportunities in Buffalo and Fort Erie.
attend conferences related to leadership training and LAID ON THE TABLE.
intercultural awareness.
Therefore, in order to comply with the zoning law, it NO.96
is necessary for us to request a change in use at this time. NORTHAMERICAREPARK
Please communicate with me at your convenience, regarding RENTAL-FEES
any follow up to this request. At the Stadium and Auditorium Board meeting of
RECEIVED AND FILED.January 29, 1998, the Board unanimously passed a measure
seeking the Common Council to authorize a one (1) year pilot
NO.93 program that is designed to attract major events by
L.KELLY restructuring the antiquated rental fees at North AmeriCare
PROPERTYFORECLOSUREFEEREFUNDEDORPark,
APPLIEDTO Currently, the rental fees for events at North
FUTURETAXES AmeriCare Park is the same rates that was in place for
On February 4, 1998 1 Leonard Kelly, came to pay Memorial Auditorium (minimum of $5,500 versus 12.5% of
my current property taxes on properties located at 53 Zenner gross receipts with a maximum of $18,000). We truly believe
Street in the amount of $614.26. At that time I was told I had that we must restructure our rental rates at North ArneriCare
been mailed a foreclosure notice and assessed the foreclosure Park if we are to compete against other venues in Western
fee of $450.00. New York for major concerts. We must make North AmeriCare
I had no prior notification that this property was close Park an attractive and an affordable venue to promoters who
to foreclosure status. I was told notification was being sent to wish to bring major events to the ballpark,
153 Walden Avenue a vacant lot. The dwelling burned down in Therefore, the Board is seeking the Common
1994. All other properties owned by me are current; 43 Zenner Council to waive the current rental structure at North
and 1450 Kensington Avenue. AmeriCare Park for one year, effective April 1, 1998. As in the
A clerical error occurred causing the lack of past for similar events, the Director of North AmeriCare Park
notification reaching my current address. An address change will impose a fee for all incremental costs associated with
was submitted to the Department of Assessments in 1994 after producing the event. Incremental costs include: all materials,
the fire at 152 Walden Avenue. utilities and labor expenses to the City.
I am asking for a hearing so I may have the Thank you for your consideration in this matter. We
opportunity to address this issue and ask that the foreclosure hope this measure will help attract
fee of $450.00 be refunded or applied to future taxes. more events, thus increasing attendance and revenues at North
REFERRED TO THE COMMITTEE ON FINANCE, AmeriCare Park.
COMMISSIONER OF ADMINISTRATION AND FINANCE RECEIVED AND FILED.
AND COMMISSIONER OF ASSESSMENT.
NO.97
NO.94 NORWOODSUMMERBLOCKCLUB
J&WLOBUZETTA SUPPORTMORATORIUMONNEWCONSTDEV.-
OPPOSERITEAIDEXPANSION- ELMWOODAVE.
ELMWOOD&BRYANT (RES.211-2/3/98)
This letter is to express our vehement opposition to The norwood-summer block club supports an immediate
the proposed Rite Aid expansion at Elmwood and Bryant- As moratorium on new construction and development on elmwood
neighborhood residents and also as owners of a multiple avenue pending enactment of a new development plan and
dwelling at 374 Elmwood, we strongly object to the further ordinance for the elmwood special business district.
deterioration of this block by destroying residential property to At its meeting of January 26, 1998, the Norwood-
construct a larger Rite Aid and expanded parking lot. Summer Block Club voted unanimously in support of an
It is common knowledge that Rite Aid makes a poor immediate moratorium on new construction on Elmwood
neighbor, i.e., pushing snow onto pedestrian walks and Avenue, between Virginia Street and Forest Avenue, pending
refusing to clear it, dumpsters in prominent view, allowing the development and adoption of a new comprehensive plan
loitering and panhandling on their property. The company is and ordinance for the Elmwood Special Business District.
This action is imperative in order to preserve professionals, executives, scholars, artists, and educators, is
Elmwood Avenue as a traditional business district and to bolstered by day-time employees at the Children's Hospital, the
encourage new retailers to develop new retail in the Elmwood Buffalo Psychiatric Center, and various other institutions in the
Village- and Allentown districts of the City of Buffalo. neighborhood. In addition, many people from other parts of the
CHANGES IN MODERN RETAIL: city and region come to Elmwood Avenue to shop either as a
ATTRACTING THE SHOPPING MALL MERCHANTS TO destination or as an adjunct to a visit to the Albright-Knox Art
ELMWOOD Gallery, the Historical Society Museum, the Burchfield Center.
A new traditional plan and development ordinance is ARCHITECTURE AND STREET DESIGN
essential if Elmwood Avenue is to remain a premier retail The architecture and street design of Elmwood
district and the Allentown and Elmwood Village neighborhoods Avenue is an essential feature making it a prime site for retail
are to attract residents. Retailing has changed dramatically development. Modern urban and suburban planners have
throughout the nation during the last decade. The suburbs and learned that the best neighborhoods are those where people
rural areas have become saturated with shopping malls and big feel comfortable walking about. It is for this reason that the
box retailers, and these companies have discovered the cities most expensive new suburbs are now designed along
and old inner ring suburbs are the last territory for expansion. traditional village plans. Oldfashioned suburban plans, like
These shifts have been late in coming to the Buffalo area, but those used in Amherst, Lancaster and the other Buffalo
they have now arrived. suburbs, are being shelved in other parts of the country in favor
Shopping mall saturation was first seen when the of grid-plan streets with houses built closer together and nearer
McKinley and Walden Galleria malls were built. Instead of the street. Modern planning for new neighborhoods requires
expanding retail opportunities, these two developments merely that residential neighborhoods be built a short distance from a
shifted shopping patterns. As the two new malls opened, three shopping street where stores are built along the sidewalks. In
other malls closed. Seneca Mall and Thruway Mall have since modern planning, it is considered bad for business to permit
been demolished, while the Apple Tree Mall was converted to parking lots to be built in front of stores or on street comers.
office space. The prime example of the new suburbs is Sea
Next came the "big box" retailers. These stores, Breeze, Florida, which has become an international model for
also known as "category killers" made traditional mid-price the best in new community design. People in Buffalo should be
department stores obsolete. The downtown department stores interested in noting that Sea Breeze incorporates every thing
were first to feel the effects. But ultimately the suburban that we have in the Elmwood Village, Delaware District and
branches were also hit hard. Consolidation of the department Allentown neighborhoods: closely built houses with verandas;
store industry meant that local department stores disappeared, relatively narrow, tree-lined streets; easy walking distance to a
including AM&A's, Hengerer's, Sample and Berger's. retail street with restaurants, shops and entertainments. In
The big boxes quickly saturated suburban, and we short, the most expensive and most desirable new suburbs are
have recently seen them very successfully establish copying Elmwood Avenue as the model for the best place to
themselves in the last unstored territory: the city. The live. Lots of attractive houses within walking distance of a
development of the huge Benderson complex in North Buffalo traditional city shopping street.
along Elmwood Avenue and Delaware Avenue has been a good THE PROBLEM
thing for the City of Buffalo. It has meant jobs for City While Elmwood Avenue retail, and the adjacent
residents. It has brought shoppers into the City from Kenmore residential streets have long been desirable for the high quality
and Tonawanda. It has meant convenient shopping for city of life offered by traditional village-type living, we have for too
residents, meaning savings in time and money in getting to many years chipped away at this high quality of life through bad
these desirable stores. planning decisions. Many people have envied the old-style
Just as the big boxes have discovered the city, so suburban developments, believing that their success came
have the supermarkets. The recently built Tops and from big lawns, large garages and shopping malls. We have
Wegman's stores in Buffalo have given city residents the same learned that their success came because they had new
easy access to modem retail as enjoyed by suburban residents, housing stock, and people wanted new houses. It was cheaper
and have fattened the bottom lines of their owners. Again, to build on the distant farm land than in old neighborhoods, so
every one has won. that is where people went.
The next step in retail is already under way. The But even the suburbs have learned that their 1950 style
national shopping mall retailers are already building new stores development does not make a goof place to live in the long run.
in cities. All across the country they want to open city stores, Williamsville has just adopted a new development ordinance
following the in the steps of the big boxes and super markets. for Main Street which is designed to improve retail business by
But their needs are different. They want to build on traditional making stores put their parking lots behind their buildings, and
city-type streets with lots of walk-by traffic because this is the forcing developers to build within specific building size limits.
kind of customer they get in shopping malls. Mall retailers are Kenmore, East Aurora and Lancaster are also pursuing this
absolutely dependent upon walkby traffic. People may drive to kind of new plan in order to attract new retailers from shopping
the mall, but they get out of their cars and walk around, malls.
sometimes for hours. These stores, such as The Gap, Elmwood Avenue has been too often influenced by the old
Limited, and The Body Shop, demand that their stores be suburban style. Stores have been permitted to build large
placed on attractive traditional city shopping streets adjacent to parking lots in front of their buildings. Comer buildings have
established residential districts. They want parking lots to be been tom down and replaced with parking lots. This makes the
out of sight behind buildings. They want streets to be street unfriendly to people who want to walk from store to store.
pedestrian friendly with good looking buildings set along the And this means that shops lose the walk-by business that
sidewalk. They want street parking and they want good makes small retail work.
neighborhoods with lots of people who live within walking The process has not been complete, and, fortunately, most of
distance. the street remains intact. There are only a few bad examples
If we are to get this kind of new merchant to come along the street. And there are many excellent examples of
into our City, we have to provide them the shopping streets that good planning for new buildings. The Marine Midland Bank at
offer these amenities. Moreover, this kind of retail means that Utica Street, and the M&T Bank built attractive and properly
city people will shop in the city. And that encourages local sited buildings for a city retail district. The Elmwood Tac and
retailers to open shops that complement the national stores. Subs building and the new Starbucks Coffee are also good
Again, every one wins. It makes city life more convenient. It examples.
means more shoppers come to the city to shop. It means more But very bad examples of bad design also exist. The
of our dollars stay in our neighborhoods, creating more jobs new Key Bank at Stuyvesant Plaza is being built even farther
and producing more tax revenue. from the street than the building it will replace, in a very
DEMOGRAPHICS pedestrian unfriendly fashion. The new Rite Aid pharmacy at
Elmwood Avenue is the City's PREMIER shopping Elmwood and Virginia street was built with a big comer parking
street. The business district is supported by large lot, yet the store seldom attracts customers as noticeable by its
neighborhoods of employed city residents. This is an essential always empty parking lot and the paucity of customers inside.
element for any business district, and the two go together. The Walgreen's drugstore at Delaware Avenue and North
People want to live near convenient shopping and store owners Street, while outside of the moratorium district, is an example of
want to locate near a good customer bases. You cannot have the way not to build on Elmwood Avenue. Older examples of
one without the other. The Elmwood Avenue Special Business the bad way to build include the Bakerman Donut/Wilson farms
District has excellent potential as a modem retail center. It has site at Summer Street and the Big A market/gas station at
a big base of working people within a two block walk. In Hodge Street.
addition, it has a large portion of the student population of THE SOLUTION
Buffalo State College within easy walking distance. The mix of We must very quickly come up with a new, comprehensive
residents, including wage earners, students, business owners, and well enforced development plan for Elmwood Avenue. We
must pave the way for the next wave retail to be welcomed into there is interest due? Would it not make more sense to cash
the city of Buffalo. It means immediately prohibiting actions the check and than send a letter stating there is interest due on
which would be inimical to the new kind of retail by placing a the account?
moratorium on any new construction until we have placed the No wonder this city has financial problems. If
new design rules in place. And the new rules must be businesses worked that way they would be out of business. I
designed to require a traditional city shopping street, with had to wait and wonder for almost 6 weeks to find out if indeed
parking provided behind buildings, buildings built at the my check was received. I almost want to yell out HELLO
sidewalk, and a separate review board to approve all new site STUPID PEOPLE it is not better to get something now than
plans and building designs. have to continue to wait for your money.
Such a new Elmwood Business District will complement the Erie County will accept whatever payment you mail
exciting developments already taking place farther north on in, and than send you a letter if you owe more. Perhaps the city
Elmwood. It will be done in a manner which gives city could take a few lessons from the county.
residents the kind of shopping they want, with well-known Perhaps my letter sounds a little rough but some of
"brand-name" stores together with local merchants in a the things I see that go on in city government make me want to
pleasant, convenient environment. It will also encourage get up and scream.
people who shop the big boxes farther north top continue their I hope you will take the time to discuss my
shopping experience in the City. suggestion with other members of the council. I don't much
Every one can win under this. But it requires decisive action care the outcome because in one year I will be moving out of
by a clear-thinking City Government to act quickly for the this joke of a city and really won’t care if anyone else has this
betterment of the city. Once the example is set, more and problem too.
more merchants will be encouraged to try other parts of the I look forward to getting a response from your office.
City, including, as examples, Hertel Avenue, Main Street in the RECEIVED AND FILED
University District and Bailey Avenue.
RECEIVED AND FILED. NO.100
TCIOFNEWYORKINC.
NO.98 BCTVSUITABLELOCATION
RICHMONDNEIGHBORHOODCOMMUNITY TCI of New York and I are committed to bring
ASSOCIATION resolution to the Buffalo Community Television (BCT'V)
DEVELOPMENTOFELMWOODCORRIDOR difficulty in finding a suitable location. To that end, I am writing
At the January meeting of our Association which you to update you on the current status of what we have done to
attended, it was approved unanimously that we write Tokyo assist the City's public access contractor.
and-your colleagues about our concerns regarding the future of As you know, the current franchise agreement does
development along the Elmwood corridor. There was a great not mandate that TCI furnish the public access provider with a
deal of discussion about the proposed expansion of the- Rite location from which to operate. TCI has afforded BCTV a
Aid at the comer of Bryan and Elmwood and we strongly urge location to date for two reasons. First, we had the luxury of
that any current and potential plans for expansion and new having unused space at the LaSalle St. facility. Secondly,
construction- strictly adhere to all existing variances and that BCTV agreed to pay rent and pay for utility usage at that
current code violations b&-addressed. We also- suggest a-location.
three-month, moratorium on any additional activity from Forest Several months ago a business decision was made
to Virginia until a comprehensive plan be prepared for all to by TCI to make use of the entire LaSalle Ave space for
see, discuss and approve. We must maintain-whatever strategic initiatives. Timely notification was provided to BCTV,
qualities-the Elmwood strip has at all costs- Replacing or as well as to the City. As stated previously, TCI has offered
expanding existing buildings puts no additional tax revenues in our expertise to assist BCTV representatives locate a new and
the city's coffers. suitable location for their operation.
In today's edition of the Buffalo News Niki Cervantes TCI remains committed to providing the necessary
wrote a feature article on the front page of the-local section assistance to the city's public access provider. To date, we
stating-that area villagers "are focusing on their own have demonstrated our flexibility, as well as our willingness to
downtowns, trying to recapture or preserve their charm" while assist in bringing this matter to a successful resolution without
they do not venture to Buffalo’s downtown. 'With Buffalo so impeding service to our customers. A review of the actions
faraway, many Residents balk at making the trek taken to date is as follows:
to the city to to wander the boutiques or meet friends for dinner. 1 . A letter dated August 22, 1997, asked BCTV to
It’s like going downtown without going downtown. We can ill vacate premises by October 15, 1997.
afford more articles and attitudes like these. Unchecked 2. A letter dated October 27, 1997, extended the
development can destroy an area and erode the residential deadline to move to December 10, 1997.
base, so very crucial to the life blood of any area. If we build it 3. Conversations between TCI representatives,
they just might not come! It is essential to not maintain but add City Council members and staff, as well as
to our quality of life. BCTV representatives extended the move out
Someone in attendance at our meeting stated that deadline to January 30, 1998.
the-previosly mentioned Rite Aid has had a rat problem for 4. This February 4, 1998, letter serves as a final
quite some time and their dumpster adjacent to -private move out extension to Monday, March 31,
residences has been emptied during the very early hours of the 1998.
morning disturbing all who live near by. Phone calls-and letters It is important to note that in the meantime, BCTV
by residents regarding this issue seem logo unnoticed as the has not lived up to it's obligations to locate a suitable alternate
problems persist. As-one-can imagine, this causes-undue-site and has not paid it's outstanding expenses to TCI. That
difficulties at a time that the City is attempting to hold on to its-total now exceeds $90,000.
population. City Hall should not ignore whatever suggestions Forgiveness of this amount was predicated on
are being made by groups like ours to improve the Id quality of moving out within a certain time frame and we are still willing to
urban life" we all strive to maintain. We are concerned that this work through a successful resolution here.
"quality" is eroding at such a f ast pace that it just may be too TO business objectives, which are on hold pending
late to avoid. City residents become frustrated and resolution to this issue, must now move ahead. As a result, we
disillusioned. Understandably, they opt to move to the suburbs. request that this letter (dated February 10, 1998) serve as our
New families coming into the area for the first time decide not final notice to all parties that a final move out extension has
to purchase homes in the city. What ever happened to our been extended until Monday, March 30, 1998.
reputation as the City of Good Neighbors? Please assist us To facilitate this move, we have made numerous
with our efforts by approving and implementing our attempts to contact BCTV board members to offer assistance
suggestions. It is essential that we stem the current exodus in locating a suitable site. To date, our letters have gone
from our midst. Thank you for your attention to this matter. unanswered. As in the past, we would like to see BCTV move
We anxiously await this outcome. to a location that is in close proximity to our fiber network. This
RECEIVED AND FILED will help us help BCTV keep their programs on the air' and
active on our cable system. The currently proposed location,
NO.99 the Tri-Main Building has a fiber linkup construction price tag of
L.SMITH approximately $26,000. This is the cost to provide a direct
COMPLAINT-TAXCOLLECTIONPROCEDURE linkup to our headend on LaSalle Avenue. From TCI's
With the city belly aching they always need money, I perspective, this cost is prohibitive for what amounts to an
have to ponder the following question. Why does the City of approximate 2 year commitment to have BCTV as the city's
Buffalo hold my check for city taxes dated December 24, 1997, public access provider.
until January 29, 1998, and than send it back to me because Subsequent information provided to TO indicates
that BCTV, or it's successor, could potentially be moving to the Erie Development, Inc. were the real estate brokers/sellers are
old Apollo Theater complex in approximately 2 years. Initial in default. Because the real estate brokers/sellers provided
cost estimates to put this location on our fiber network would relatives/fiancee of Borrowers with the same amount of funds
exceed $225,000. If this does come to fruition, TO would that relatives/fiancee gave Borrowers in the form of gifts, we
respectfully request that the city provide substantial financial believe that the real estate brokers/sellers circumvented the
assistance toward the cost of linking either the Theater or the FHA requirement that prohibits real estate Sellers from being
Tri-Main Building. It should be noted that there are other city donors of gifts to Borrowers applying for FHA-insured
locations that would significantly lower the above construction brokers/s
price tag. mortgages. As a result, ineligible Borrowers may have qualified
In the event that a timely solution regarding BCTV and received FHA insured mortgages that are now in default.
cannot be reached by the new move our deadline (March 30, Specific details pertaining to the four cases where
1998), we are ready with an interim solution which would allow the real estate brokers/sellers provided funds to
for public access programming to continue unabated until a relatives/fiancee of the Borrowers (hereafter referred to as
final solution can be reached. Specifically, TO is ready to build Mortgagors) are as follows
a playback room at our headend for BCTV, or any public FHA Case Number: 372-2537173, Loan Amount
access contractor the city may assign. This would be a single $45,33 5
purpose room that would allow BCTV direct entry to Public Settlement Date: 12/29/95, Seller: Erie Development Inc.
Access provided playback equipment. This room would have Real Estate Broker: Erie Development Inc. Property address:
no space for production, or any other activities, but would afford 128 Freund Street, Buffalo, New York 14215 Mortgage status:
BCTV access to programming and playing their channel lineup. Default
This equipment would be wired directly into our headend and Discussions with the Mortgagor's daughter revealed
thereby keep Channel 18 constantly on the air. We would need that the President of Erie Development, Inc., gave her a check
approximately 10 to 12 days to work our the construction of this for $710. She cashed the check and gave the funds as a gift
type of arrangement. Once again, BCTV would have to forego to her father ( the Mortgagor). He used the funds (710) to
any on-site production activities, however, they could produce assist in meeting the financial requirements needed to qualify
programs elsewhere and then play a tape from this proposed for a FHA-insured mortgage. According to the Mortgagor's
room. daughter, the President of Erie Development Inc., gave her the
In order to facilitate this process and achieve our money for painting she performed prior to her father's purchase
business objectives, TO may consider forgiving all BCTV debts of the property. To verify the accuracy of the daughter's
prior to August, 1997, if certain commitments are finalized by statement, we obtained the bank records of Erie Development
BCTV. 'Me commitments I speak of are the move from LaSalle Inc., and observed that a check dated December 20, 1995, for
Avenue and a commitment to work toward making their $710 was written from the Erie Development Inc., account to
operation more efficient. As previously stated, the original the Mortgagor's daughter.
amount owed was approximately $90,000. Additionally, there FHA Case Number: 372-2498901, Loan Amount $35,238
are also the monthly charges that are have accrued for the Settlement Date 7/20/95, Seller: Erie Development Inc., Real
period August, 1997, to February of 1998. The total for this Estate Broker: Erie Development Inc. Property address: 105
period is approximately $6,000. TO may consider forgiving Roeblina Street Buffalo, New York 14215 Mortgage status:
these amounts as well to demonstrate our on-going Current
commitment to public access in the City of Buffalo. Discussions with the Mortgagor's wife revealed that
As of the deadline move out date, we will have the President of Erie Development Inc. gave her thirteen 100
provided more than six (6) additional months of time for BCTV dollar bills. She gave the funds as a gift to her husband (the
to locate a suitable location to operate from. We understand Mortgagor). He used the $1,300 to assist in meeting the
the financial nature of their problems and have provided financial requirements needed to' qualify for the FHA-Insured
additional time as a courtesy to all involved. Again, we have mortgage. According to the Mortgagor's wife, the President D
very specific business plans for this space and have put all of of Erie Development Inc. save her the money for work that she
our plans on hold to assist BCTV. performed at the property prior to the sale.
In the spirit of cooperation for the residents of FHA Case Number: 372-2480289, Loan Amount: $39,378
Buffalo, I look forward to working with you, and gaining your Settlement Date: 6/7/95, Seller: Franklin Enterprise Inc.
needed input to help resolve this issue. If you have any Real Estate Broker: Franklin Enterprise Inc.,
questions or additional concerns, please contact me directly . Property address: 361 Hewitt Avenue Buffalo, New York
You ma reach me at 843-8030. 14215
REFERRED TO THE SPECIAL COMMITTEE ON Mortgage status: Default, The Mortgagor's fiancee provided a
TELECOMMUNICATIONS AND OFFICE OF $1,700 cashier's check dated May 8, 1995, as a gift to the
TELECOMMUNICATIONS. Mortgagor. The Mortgagor used the funds to assist in meeting
the financial requirements needed to qualify for the FHA-
NO.101 insured mortgage. Although we did not speak with the
USDEPARTMENTOFHOUSINGANDURBANMortgagor's fiancee, we observed a check written to the
DEVELOPMENT Mortgagor's fiancee, dated May 4, 1995, for $1,700 from
REALESTATEBROKERS/SELLERSCIRCUMVENTINGFranklin Enterprise Inc. In addition, we observed a check
THEFHAREQUIREMENTREGARDING written to the mortgagor dated May 4, 1995, for $1,003 from
GIFTSTOBORROWERS Franklin Enterpnise Inc. On the same day the Mortgagor
The Office of Inspector General performed audit provided a $1,000 money order to Franklin Enterprises Inc.
work at Countrywide Home Loans Inc., Buffalo, New York, a which was to be available at the loan closing.
mortgagee approved by the Federal Housing Administration FHA Case Number: 372-2515409, Loan Amount: $34,330,
(FHA) to originate FHA-insured mortgages on single family Settlement date: 11/30/95, Seller: Erie Development Inc., Real
properties. Our audit work covered the period between July 1, Estate Broker: Erie Development Inc. Property address: 103
1995 and June 30, 1997. While performing audit work at the Grimes Avenue, Buffalo, NY 14212
mortgagee, we observed that real estate brokers/sellers Mortgage status: Default,
circumvented the intent of the KUD/FHA requirement stated The Mortgagor's wife gave a $1,100 cashier's check
below by providing funds to relatives/fiancee of Borrowers', dated November 17, 1995, as a gift to her husband (the
who, in turn, gave the same amounts of money, in the form of Mortgagor). The Mortgagor used the proceeds to assist in
gifts, to Borrowers to assist them in meeting the financial meeting the financial requirements needed to qualify for a FHA-
requirements needed to qualify for FHA insured mortgages. Insured mortgage. Although we did not speak with the
We recommend that you take immediate action against these Mortgagor’s wife, we observed a check written to the
brokers/sellers so that the practice does not continue. Mortgagor's wife dated November 15, 1995, for $I, I 00 from
that the donor be a person or entity with an interest Erie Development Inc.
in the sale of the property such as the seller, real estate agent We are recommend that your office take immediate
or real estate broker. action against these real estate brokers/sellers (Franklin
Our review of 20 loans at Countrywide Enterprises Inc., and Erie Development Inc.) to prevent them
Home Loans Inc., disclosed four cases where Franklin from circumventing FHA requirements. Also, we recommend
Enterprises Inc., and/or Erie Development Inc., (real estate that you attempt to recover any losses that may have occurred
brokers/sellers)' provided funds to relatives/fiancee of as a result of mortgages doing into default and subsequent
Borrowers. In turn, those individuals gave the same amount of foreclosures.
money as gifts to Borrowers, who used them to financially Within 60 days please give us a status report on: (
qualify for FHA insured mortgages. It is important to note that 1) the corrective action taken; (2) the proposed corrective
three of those four mortgages are in default and that 23) action taken and the date to be completed; or (3)) why
percent of the 53 :loans where Franklin Enterprise, Inc. and corrective' action is considered unnecessary. Also, please
furnish us copies of any correspondence or directives issued 2002 283,000.00 96,605.00 379,605.00
because of this review, 2003 275,000.00 78,250.00 353,250.00
Should you have any questions, please call me or 2004 300,000.00 60,375.00 360,375.00
William H. Rooney, Assistant District Inspector General for 2005 300,000.00 40,500.00 340,500.00
Audit, at 212-264-8000, extension 3976. 2006 300,000.00 20,250.00 320,250.00
RECEIVED AND FILED -----------------------------------------------------
NO.102 Total $ 2,301,000.00 691,708.00 2,992,708.00
#75,C.C.P.OCTOBER14,1997 REFERRED TO THE COMMITTEE ON BUDGET
CONCERNS,SECTION8HOUSINGPROGRAM
PUTNAMSTREETBLOCKCLUB PETITIONS
This letter is in response to a request from Mr. William
M. Nowak to address the concerns filed by the Putnam Street NO.104
Block Club regarding HUD's Section 8 housing program ECIDA,OWNER,PETITIONTOUSE2638DELAWARE
policies. FORAPOLESIGN.
The first concern expressed by the Block Club was a REFERRED TO THE COMMITTEE ON LEGISLATION, THE
Section 8 participating landlord's right to screen prospective CITY PLANNING BOARD AND THE COMMISSIONER OF
tenants. HUD regulations prohibit Section 8 housing agencies COMMUNITY DEVELOPMENT
from screening Section 8 applicants for landlords. Enclosed is NO.105
a copy of 24CFR982.307 titled, "Owner responsibility for ELKSMITHPROPERTIES,OWNER,PETITIONTO
screening tenants. HUD strongly encourages owners to USE236ELKFORABILLBOARD.
screen families on the basis of their tenancy histories. Such REFERRED TO THE COMMITTEE ON LEGISLATION, THE
screening might include such factors as: rent and utility CITY PLANNING BOARD AND THE COMMISSIONER OF
payment history, housekeeping habits, drug-related or criminal COMMUNITY DEVELOPMENT
behavior, previous landlord experiences, and credit ratings. An NO.106
owner is entitled to screen for a Section 8 participant in the AUTOZONE,INC.,OWNER,PETITIONTOUSE1224
same manner as he/she would for a private-market tenant. To BROADWAYFORAPOLESIGN.
assist the owner, HUD's regulations permit the housing agency REFERRED TO THE COMMITTEE ON LEGISLATION, THE
to provide potential Section 8 landlords with the family's current CITY PLANNING BOARD AND THE COMMISSIONER OF
and prior address, and the name and address of the landlord at COMMUNITY DEVELOPMENT
the family's current and prior address. In addition, the housing NO.107
agency should develop a policy regarding what other B.BRINKWORTH.,OWNER,PETITIONTOUSE1487-
information it will provide to prospective landlords regarding the 1509HERTELFORAADDN.TOSIT-INRESTAURANT.
participants tenancy history or drug-related behavior. REFERRED TO THE COMMITTEE ON LEGISLATION, THE
The second concern regarded the Section 8 owner's right to CITY PLANNING BOARD AND THE COMMISSIONER OF
evict Section 8 participants who are destroying neighborhood COMMUNITY DEVELOPMENT
peace or are housing unauthorized persons. Similar to most NO.108
private market tenancies, landlords require a tenant to sign a BURA,OWNER,PETITIONTOUSE289EXCHANGE
dwelling lease. This lease describes FORBILLBOARD.
the conditions, rules and behaviors the tenant must continue to REFERRED TO THE COMMITTEE ON LEGISLATION, THE
meet in order to maintain its tenancy. As in any other tenancy, CITY PLANNING BOARD AND THE COMMISSIONER OF
if the family violates a lease provision the owner has the right to COMMUNITY DEVELOPMENT
take legal action to evict the tenant. The same holds true for a
Section 8 tenancy. HUD's regulations permit evictions for REGULARCOMMITTEES
lease violations, violation of law, criminal activity and other good
cause. Terminations for other good cause may include: tenant CIVILSERVICE
failure to accept a new lease or lease revision, family history of (BEVERLYA.GRAY,CHAIRPERSON)
disturbance or property destruction, housekeeping habits, or
landlords desire to use the unit for personal, business or family NO.109
use, and economic reasons. The only Section 8 limitation to COMBINEEEO/AFFIRMATIVEACTIONFUNCTIONS
evictions occurs within the first year of the lease. During the (ITEM#211CCPJANUARY20,1998)
first year, the owner may not terminate the tenancy for That the above mentioned item be and the same is hereby
economic reasons. Economic reasons include: failure by the received and filed.
family to accept a new lease or lease revision, the owner's ADOPTED
desire to use the unit for personal use, or for the owner's desire
to use the unit for other than residential purposes. Finally, NO.110
HUD asks the owner to notify the housing agency whenever COMBINEEEO/AFFIRMATIVEACTION/M/WBE
he/she takes an action to terminate the tenancy of a Section 8 FUNCTIONS(A&F)
participant. We are also enclosing, for your reference, HUD (ITEM#73CCPFEBRUARY3,1998)
regulation, 24CFR982.3I0 regarding termination of tenancy. That the above mentioned item be and the same is hereby
The final concern mentioned the desirability to screen received and filed.
potential tenants for health or sanitation issues. Such factors ADOPTED
can be screened by owners through home visits, previous
landlord references and tenancy histories that may be provided NO.111
by the housing agency. RES.HIRERECRUITER-ASST.DIVERSITYEFFORTS
This information should help to disprove the misconception (ITEM#191CCPJULY22,1997)
that Section 8 housing agencies screen their clients and That the above mentioned item be and the same is hereby
guarantee to provide trouble-free tenants. As in any rental referred to the Budget Committee.
situation, it is the responsibility of the owner to use a lease that ADOPTED
requires responsible behavior, ensure that tenants conform to
the lease and, if not, take quick action to evict the tenant. NO.112
Please feel free to refer the Putnam Street Block Club to this RESIDENCYISSUES(CC)(#62,6/24)(113,7/8)
office if it has any further questions. (ITEM#67CCPJANUARY06,1998)
Kenneth J. LoBene That the above mentioned item be and the same is hereby
REFERRED TO THE COMMITTEE ON COMMUNITY received and filed.
DEVELOPMENT ADOPTED
NO.113
NO.103 GENDERDISCRIMINATIONCLAIM
MEMORIALAUDITORIUM (ITEM#60CCPJANUARY06,1998)
OUTSTANDINGDEBTSERVICETOMATURITY That the above mentioned item be and the same is hereby
ASOFJUNE30,1998 received and filed.
ADOPTED
Fiscal Year NO.114
Ended June 30 Principal Interest Total GENDERDISCRIMINATIONCLAIM(CC)
(ITEM#60JANUARY20,1998)
1999 287,000.00 149,540.00 436,540.00 That the above mentioned item be and the same is hereby
2000 278,000.00 131,831.00 409,831.00 received and filed.
2001 278,000.00 114,357.00 392,357.00 ADOPTED
NO.115 AYES-12, NOES-0
GENDERDISCRIMINATIONCLAIM(POL) NO.126
(ITEM#43CCPFEBRUARY03,1998) NOTICESOFAPPT,-TEMP/PROV/PERM(CCLK)
That the above mentioned item be and the same is hereby (ITEM#85CCPFEBRUARY03,1998)
received and filed. That the above mentioned item be and the same is hereby
ADOPTED received and filed.
NO.116 ADOPTED
SALARYORDINANCEAMENDMENT NO.127
50-0DEPARTMENTOFHUMANSERVICES, DENYSALARYINCR.FBRCERTAINEXEMPT
PARKS&RECREATION EMPLOYEES(#229,1/20)
002HUMANSERVICEADMIN (ITEM#123CCPFEBRUARY03,1998)
(ITEMNO.231,C.C.P.,JAN.20,1998) That the above mentioned item be and the same is hereby
That the above item be, and the same hereby is returned to received and filed.
the Common Council without recommendation. ADOPTED
Mrs. LoTempio moved: NO.128
That the Salary Ordinance Amendment as contained in Item SALARYORDINANCEAMENDMENT
No. 23 1, C.C.P., January 20, 1998, be and the same hereby is 2-1DEPARTMENTOFPOLICE-VARIOUSDEPARTMENTS
approved. (ITEMNO.202,C.C.P.,FEB.3,1998)
PASSED That the Salary Ordinance Amendment as contained in Item
AYES-10, NOES-2 No. 202, C.C.P., February 3, 1998, be and the same hereby is
NO.117 approved.
APPOINTMENT PASSED
ASSOCIATEACCOUNTANT AYES-12, NOES-0
That Communication 16, February 3, 1998 be received and NO.129
filed and the Temporary appointment of Frank Faber stated SALARYORDINANCEAMENDMENT
above at the Maximum salary $39,004.00 effective on January 2-1DEPARTMENTOFPOLICE
22, 1998 is hereby approved. -021ADMINISTRATION&COMMUNICATIONS
PASSED (ITEMNO.203,C.C,P.,FEB.3,1998)
AYES-12, NOES-0 That the Salary Ordinance Amendment as contained in Item
NO.118 No. 203, C.C.P., February 3, 1998, be and the same hereby is
APPT.JR.ENGR.(INTER)(PW)) approved.
(ITEM439CCPFEBRUARY03,1998) PASSED
That the above mentioned item be and the same is hereby AYES-12, NOES-0
received and filed.
ADOPTED FINANCE
NO.119 (DAVIDA.FRANCZYK,CHAIRMAN)
APPOINTMENT
SENIORINVENTORYCLERK NO.130
That Communication 41, February 3, 1998 be received and UTILITYEASEMENT-NIAGARAMOHAWK-439
filed and the Permanent appointment of Christine V. Serafin MILITARYROAD
stated above at the Intermediate salary $27,321.00 effective on (ITEMNO.3,C.C.P.,SEP.30,1997)
January 26, 1998 is hereby approved. That the Commissioner of Public Works be, and he hereby
PASSED is authorized to enter into a permanent easement agreement
NO.120 with Niagara Mohawk Power Corporation for a strip of land 10'
APPT.ASST.FIREALARMDISPATCHER(MAX)(FIRE) in width extending southerly 100 from the southerly line of Race
(ITEM#46CCPFEBRUARY03,1998) Street to a transformer pad area measuring 18' 6" x 13'. That
That the above mentioned item be and the same is hereby the Mayor be authorized to execute the same.
received and filed. PASSED.
ADOPTED AYES-12, NOES-0
NO.121 NO.131
APPT.ASST.FIRELT.(MAX)(FIRE) LEASE-2946BAILEYAVENUE-ERIECOUNTY
(ITEM#47CCPFEBRUARY03,1998) YOUTHBUILD,INC.
That the above mentioned item be and the same is hereby (ITEMNO.31,C.C.P.,NOV.12,1997)
received and filed. That the above item be, and the same hereby is, returned to
ADOPTED the Common Council without recommendation.
NO.122 Mr. Franczyk now moved that the above item be recommitted to
APPT.ASST.FIRELT.(MAX)(FIRE) the Committee on Finance.
(ITEM#48CCPFEBRUARY03,1998) ADOPTED
That the above mentioned item be and the same is hereby NO.132
received and filed. B.LOCKWOOD-TAXCOLLECTPROC.
ADOPTED (ITEM#70CCPDECEMBER23,1997)
NO.123 That the above mentioned item be and the same is hereby
APPOINTMENT received and filed.
SUPERVISOROFSTREETSANITATIONI ADOPTED
That Communication 72, February 3, 1998 be received and NO.133
filed and the Provisional appointment of Gregory P. Guido J.PARLATO,-COMMENTS-NEWSARTICLE-PARLATO
stated above at the Maximum salary $29,741.00 effective on REALESTATE
January 20, 1998 is hereby approved. (ITEM#59CCPDECEMBER09,1997)
PASSED That the above mentioned item be and the same is hereby
AYES-12, NOES-0 received and filed.
NO.124 ADOPTED
APPOINTMENT NO.134
APPT.PK.UTILITYWORKER(INTER)(HSPR) M.NIMAN-RESPONSE-PARLATOREALESTATE
That Communication 75, February 3, 1998 be received and (ITEM#54CCPJANUARY06,1998)
filed and the Permanent appointment of Kenneth Stevens That the above mentioned item be and the same is hereby
stated above at the Intermediate salary $25,977.00 effective on received and filed.
January 29, 1998 is hereby approved. ADOPTED
PASSED NO.135
AYES-12, NOES-0 M.NIMAN-ADDN.COMMENTS-PARLATOREALSTATE
NO.125 (ITEM#55CCPJANUARY06,1998)
APPOINTMENT That the above mentioned item be and the same is hereby
PK.UTILITYWORKER received and filed.
That Communication 76 February 3, 1998 be received and ADOPTED
filed and the Permanent appointment of Patrick Fray stated NO.136
above at the Intermediate salary $26,793.00 effective on M.KUZMA-PARLATO,REALESTATE
January 29, 1998 is hereby approved. (ITEM#64CCPJANUARY06,1998)
PASSED That the above mentioned item be and the same is hereby
received and filed. received and filed.
ADOPTED ADOPTED
NO.137 NO.149
F.PARLATO,JR.-ADDN.DATA-PARLATOREALS.WEISHAUPT-CHARGEABLE/AVOIDABLEALARM
ESTATE (ITEM#105CCPJANUARY20,1998)
(ITEM#98CCPFEBRUARY03,1998) 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.150
NO.138 CERTIORARIPROCEEDINGS1997-98
F.PARLATO,JR.-CLIENTQUESTIONNAIRE-PARLATO487BUSTIAVENUE,LTD.-11FARGOAVENUE
REALESTATE (ITEMNO.19,C.C.P.,FEB.3,1998)
(ITEM#99CCPFEBRUARY03,1998) That the Corporation Counsel be, and he hereby is authorized
That the above mentioned item be and the same is hereby and directed to settle the 1997-98 certiorari proceeding on 11
received and filed. Fargo Avenue by reducing the 1997-98 assessment from
ADOPTED $38,000 to $15,000.
NO.139 PASSED
INVESTIGATEFHA/HUDMORTGAGESCAMS AYES-11. NOES-1.
(ITEMNO.#8,C.C.P.,DEC.9,1997) NO.151
That the local representatives of HUD, the FBI, Department CERTIORARIPROCEEDINGS1997-98
of Community Development, and representatives of the U.S. DONALDVACANTI-200MILITARYROAD
Attorney's Office, Secretary of State, N.Y. S. Department of (ITEMNO.20,C.C.P.,FEB.3,1998)
State and representatives of Erie Development Corporation, That the Corporation Counsel be, and he hereby is authorized
Countrywide Mortgage Company of Williamsville, New York, and directed to settle the 1997-98 certiorari proceeding on 200
Frank R. Parlato, Jr., and any interested parties be invited to Military Road by reducing the 1997-98 assessment from
appear before the Common Council to address this issue. $393,500 to $320,000.
ADOPTED PASSED
NO.140 AYES-11. NOES-1.
USHUD-INVEST.FHA/HUDMTGE-SCAMS NO.152
(ITEM#99CCPFEBRUARY03,1998) PERMISSIONTOHIRECONSULTANT-MAINLASALLE
That the above mentioned item be and the same is hereby ROADWAY/INFRASTRUCTURE
received and filed. (ITEMNO.32,C.C.P.,FEB.3,1998)
ADOPTED That the Commissioner of Public Works be, and he hereby is
NO.141 authorized to hire an engineering consultant for design,
USDEPT.JUSTICE-FBI-RESTOFHA/HUDMTG.SCAMSconstruction administration and inspection of Main LaSalle
(477,12/23) Roadway and Infrastructure Phase 1. Funds for preliminary
(ITEM#98CCPJANUARY06,1998) design are available in the Capital Reserve Planning Account
That the above mentioned item be and the same is hereby #200-061-000.
received and filed. PASSED
ADOPTED AYES-12. NOES-0.
NO.142 NO.153
USDEPT.JUSTICE-INVEST.FHA/HUDMTGE.SCAMS BIDS-MAIN-TUPPERPOLICEFACILITY
(ITEM#104CCPJANUARY20,1998) (ITEMNO.35,C.C.P.,FEB.3,1998)
That the above mentioned item be and the same is hereby That the above item be, and the same hereby is returned to the
received and filed. Common Council without recommendation.
ADOPTED Mr. Franczyk moved:
NO.143 That the above mentioned item be received and filed.
NYSATTY.GEN.-INVESTALLEDGEDFHA/HUDFUND ADOPTED
(ITEM#97CCPJANUARY03,1998) NO.154
That the above mentioned item be and the same is hereby BIDS-UNDERGROUNDPETROLEUMSTORAGETANK
received and filed. CLOSURES
ADOPTED (ITEMNO.36,C.C.P.,FEB.3,1998)
NO.144 That the Commissioner of Public Works be, and he hereby is
R.QUINTANA-ALLENTOWNASSN.RESTOR.SOC.authorized to award a contract for Underground Petroleum
CLUBHOUSE/HARBORLANE Storage Tank Closures and Site Improvements, to Visone
(ITEM#62CCPJANUARY06,1998) Construction, Inc., the lowest responsible bidder in the amount
That the above mentioned item be and the same is hereby of $152,000 plus approved unit prices for an additional
received and filed. $15,200.00 for a total encumbrance in the amount of
ADOPTED $167,200.00. Funds for this project are available in the Division
NO.145 of Water's Capital Project Account.
TAXCOLLECTIONPROCEDURE(ASMT) PASSED
(ITEM#27CCPJANUARY20,1998) AYES-12.NOES-0.
That the above mentioned item be and the same is hereby NO.155
received and filed. BIDS-WESTSIDEWATERMAINREPLACEMENTS
ADOPTED (ITEMNO.38,C.C.P.,FEB.3,1998)
NO.146 That the Commissioner of Public Works be, and he hereby is
ACQUISITIONOF695MAINSTREET authorized to award a contract for West Side Watermain
(ITEMNO.51,C.C.P.,JAN.20,1998) Replacements, to Mar-Wal Construction Company, Inc., the
That the above item be, and the same hereby is returned to lowest responsible bidder, in the amount of $2,292,800.00 plus
the Common Council without recommendation. approved unit prices for an additional $229,280.00 for a total
MR. FRANCZYK moved: That the above mentioned item be encumbrance in the amount of $2,522,080.00. Funds for this
received and filed. project are available in the Division of Water's Capital Project
ADOPTED Account.
NO.147 PASSED.
ACQUISITIONOF695MAINSTREET(COMPT.) AYES-12. NOES-0.
(ITEMNO.11,C.C.P.,FEB.3,1998) NO.156
That the above item be, and the same hereby is returned to SQ.R.COST-NEWPOL.PCTS&ELMWOODVIRGINIA
the Common Council without recommendation. FIRESTA.(PW)
Mr.Franczyk moved: (ITEM#42CCPFEBRUARY03,1998)
That the above item be, and the same hereby is received That the above mentioned item be and the same is hereby
and filed. received and filed.
ADCPTED ADOPTED
NO.157
NO.148 REQUESTTOWAIVEPERMITFEES
GEN.FD.CITYGAPSHEET-2NDQTR.-1997-98(A&F) (ITEMNO.194,C.C.P.,FEB.3,1998)
(ITEM#80CCPJANUARY20,1998) That this Common Council approve the waiving of fees for
That the above mentioned item be and the same is hereby permits required by the
City for tents and propane tanks for the Juneteenth Festival on MTG.MINUTES9/23/97(BD.ETHICS)
June 13th and 14th, 1998. (ITEM#10OCTOBER28,1997)
PASSED That the above mentioned item be and the same is hereby
AYES-12. NOES-0. received and filed.
ADOPTED
LEGISLATION NO.165
(ALFREDT.COPPOLA,CHAIRMAN) OPP.EXPAN.DISCLOSUREREQUIREMENTTOALLCITY
EMPLOYEES(BD.ETHICS)
NO.158 (ITEM#08CCPJANUARY20,1998)
GMW,INC.,PETITIONTOUSE363DINGENS-BILLBOARDThat the above mentioned item be and the same is hereby
SIGN received and filed.
(ITEMNO.108,C.C.P.,FEB.3,1998) ADOPTED
That after the public hearing before the Committee on NO.166
Legislation on February 10, 1998, the petition of GMW, Inc., VARIANCE-1715JEFFERSONAVE.(ZNG.BD.)
owner, for permission to use 363 Dingens for a billboard sign (ITEM#10CCPFEBRUARY3,1998)
be, and hereby is denied. That the above mentioned item be and the same is hereby
ADOPTED received and filed.
NO.159 ADOPTED
RAYMONDCOCZYNSKI,PETITIONTOUSE205ONEIDA NO.167
DROPINCENTER WELLNESSFACILITYFORCITYEMPLOYEES
(ITEMNO.109,C.C.P.,FEB.3,1998) (ITEMNO.152,C.C.P.,NOV.12,1997)
That after the public hearing before the Committee on That this Common Council requests that the Department of
Legislation on February 10, 1998, the petition of Raymond Public Works designate one or more available and suitable
Coczynski, owner, for permission to use 205 Oneida for a drop areas of City Hall, comprising at least 500 square feet and
in center be, and hereby is denied. capable of containing showers, for an employee fitness facility;
ADOPTED and
NO.160 That the Council requests that the "B-Well"
A.M.MASIELLO,PETITIONTOUSE1563-1569HERTELEmployee Wellness Program present a plan for the operation
AVENUE-SIT-INRESTAURANT of such a facility.
(ITEMNO.110,C.C.P.,FEB.3,1998) ADOPTED
That the above item be, and the same hereby is, returned to the NO.168
Common Council without recommendation. RE-APPOINTMENTMEMBERTOTHEBUFFALO
Mr. Coppola moved: MUNICIPALWATERFINANCEAUTHORITY
That after a public hearing before the Committee on Legislation (ITEMNO.3,C.C.P.,DEC.23,1997)
on February 10, 1998, the petition of A. M. Masiello, owner, for That the re-appointment of Joseph Makowski,
permission to use 1563-1569 Hertel Avenue for a sit-in residing at 194 Huntington Avenue, as a member of the Buffalo
restaurant be, and hereby is approved. Municipal Water Finance Authority for a term expiring
1.) The operator shall provide a dumpster or other suitable December 31, 1999 be, and hereby is approved.
garbage container at all times, either through a contract with ADOPTED
the City or a contract with a private hauler. NO.169
2.) The Operator shall be permitted to install an outside patio B.MARSHALL&O-SUPPORTSTEPSOFLIFERECOVERY
subject to conditions recommended by the Commissioner of PROG.-109GIBSONST.
public Works. (ITEM#114FEBRUARY03,1998)
3.) The Operator shall be permitted to install an awning subject That the above mentioned item be and the same is hereby
to conditions recommended by the Commissioner of Public received and filed.
Works. ADOPTED
4.) The operator shall be permitted to install appropriate NO.170
signage in conformance with all applicable laws of the City of INVESTST.SAN.TRUCKSDAMAGINGPRIV.PROP.
Buffalo. (ITEM#245CCPJANUARY20,1998)
5.) The Operator shall agree not to play music outside the That the above mentioned item be and the same is hereby
establishment. received and filed.
PASSED. ADOPTED
AYES-12. NOES-0. NO.171
NO.161 RESPONSE-INVEST.ST.SAN.TRUCKSDAMAGINGPRIV.
WESTERNNEWYORK,RONALDMCDONALDHOUSE, PROP.
PETITIONTOUSE780WESTFERRY-POLESIGN (ST.SAN.)(ITEM#71CCPFEBRUARY03,1998)
(ITEMNO.111,C.C.P.,FEB.3,1998) That the above mentioned item be and the same is hereby
That after the public hearing before the Committee on received and filed.
Legislation on February 10, 1998, the petition of Western New ADOPTED
York, owner, Ronald McDonald House for permission to use NO.172
780 West Ferry for a pole sign be, and hereby is approved. DESIGNATIONOFNOMINEEFORAPPOINTMENTTOTHE
PASSED. BD.OFTRUSTEESLIBRARY
AYES-12. NOES-0. (ITEMNO.1,C.C.P.,JAN.20,1998)
NO.162 That pursuant to Section 6212 of the Unconsolidated Laws,
CHINSTEPHEN,PETITIONTOUSE3172BAILEYAVENUEbeing Chapter 768, Section 2 of the Laws of 1953, the
-TAKE-OUTRESTAURANT nomination of Sharon A. Thomas, residing at 76 Benwood
(ITEMNO.112,C.C.P.,FEB.3,1998) Avenue as a Nominee to the Board of Trustees of the Buffalo
That the above item be, and the same hereby is, returned to the and Eire County Public Library be, and hereby is approved,
Common Council without recommendation. subject to a favorable debt status report from the City of
Mr.Coppola: Buffalo.
That after a public hearing before the Committee on Legislation ADOPTED
on February 10, 1998, the petition of Chin Stephen, owner, for NO.173
permission to use 3172 Bailey Avenue for a take-out restaurant DESIGNATIONOFNOMINEESFORAPPOINTMENTTO
be, and hereby is approved. THEBD.OFTRUSTEESLIBRARY
PASSED. (ITEMNO.5,C.C.P.,FEB.3,1998)
AYES-12. NOES-0. That pursuant to Section 6212 of the Unconsolidated Laws,
NO.163 being Chapter 768, Section 2 of the Laws of 1953, the
R.BENDERSON,PETITIONTOUSE2697MAINSTREET-nomination of James W. Bums, residing at 175 Admiral Road,
HUMANSERVICEFACILITY Stephen R. Lamantia, 109 Larchmont Road and Bridget
(ITEMNO.113,C.C.P.,FEB.3,1998) Humann, 72 Lancaster Avenue, as Nominees to the Board of
That after the public hearing before the Committee on Trustees of the Buffalo and Eire County Public Library be, and
Legislation on February 10, 1998, the petition of R. Benderson, hereby is approved, subject to favorable debt status reports
owner, for permission to use 2697 Main Street for a human from the City of Buffalo.
service facility be, and hereby is approved. ADOPTED
PASSED NO.174
AYES-12. NOES-0. REVIEWNOMINEES-BD.TRUSTEES/LIBRARY
NO.164 (ITEM#51CCPFEBRUARY03,1998)
That the above mentioned item be and the same is hereby at this regularly scheduled meeting, on the above item, and a
received and filed. Notice of same has been published in the Buffalo News, a copy
ADOPTED of which is attached hereto.
NO.175 On a motion by seconded by the item is properly before the
APPT./REAPPTS.-MEMBERS-BROADWAYMKT.BD.OFCommon Council, and the hearing is opened.
DIRECTORS CARRIED.
(ITEM#02CCPFEBRUARY03,1998) Appearances - Lewis Maulucci,CD, Alan DeLeslie
That the above mentioned intem be and the same is hereby Mrs. Lotempio now moved that the hearing be closed.
received and filed. Seconded by Mr. Fontana.
Mr. Coppola moved that the above item be recommitted to the WHEREAS, the City Clerk has published a Notice of Public
Committee on Legislation. Hearing.
ADOPTED. WHEREAS,the proposed Contract of Sale of Land has been
NO.176 duly submitted to this Common Council by the Dept. of
RE-APPOINTMENTOFMEMBERTOTHEEXAMININGCommunity Development;and
BOARDOFPLUMBERS NOW, THEREFORE, BE IT RESOLVED:
(ITEMNO.3,C.C.P.,FEB.3,1998) That the Mayor or any officer of Buffalo Urban Renewal Aqency
That the re-appointment of Dominic N. Macri, residing at 11 is hereby authorized to execute any and all documents
Dallas Street, as a member to the Examining Board of necessary to dispose of the land described in the proposed
Plumbers for a term effective January 1, 1998 and expiring "Contract for Sale of Land' to Waterfront Associates and/or a
December 31, 2000 be, and hereby is approved. other legal entity to be formed in accordance with the terms of
ADOPTED said Agreement and for the consideration recited therein.
NO.177 Mrs. LoTempio, now moved to amend the item as follows:
RE-APPOINTMENTOFMEMBERSTOTHEBUFFALOOn the condition that the PILOT for Waterfront Associates
WATERBOARD AKA Pioneer Group for the property at 40 Lariviere for years
(ITEMNO.4,C.C.P.,FEB.3,1998) 95-4, 96-97 and 97-98 in the amounts of $50,962.45,
That the re-appointment of Warren K. Galloway, residing at I $105,850.97 and $113,052.22, respectively be paid in advance
11 Humboldt Pkwy and John R. Sole, 641 Forest Avenue, as of closing.
members to the Buffalo Water Board for terms expiring Seconded by Mr. Fontana.
December 31, 1998 be, and hereby is approved. Carried
Mr. Coppola moved that the above item be Mrs. LoTempio now moved to approve said item as amended:
recommitted to the Committee on Legislation. Seconded by Mr. Quintana
ADOPTED. PASSED
NO.178 AYES-12, NOES-0
UPDATEINVEST.-417NORTHUMBERLAND NO.182
(ITEM#69CCPFEBRUARY03,1998) ENVIRONMENTALAUDIT-CITYHALL(BEMC)
That the above mentioned item be and the same is hereby (ITEM#08CCPOCTOBER14,1997)
received and filed. That the above mentioned item be and the same is hereby
ADOPTED received and filed.
NO.179 ADOPTED
PESTMGMT.BD.-PAYASYOUTHROWPROG.(CCLK) NO.183
(ITEM#79CCPFEBRUARY03,1998) ENVIRONMENTALAUDIT-RECOMMENDATIONS(PW)
That the above mentioned item be and the same is hereby (ITEM#17CCPOCTOBER14,1997)
received and filed. That the above mentioned item be and the same is hereby
ADOPTED received and filed.
ADOPTED
COMMUNITYDEVELOPMENT NO.184
(DALEZUCHLEWSKI,CHAIRMAN) ENVIRONMENTALAUDIT-CITYHALL(CD)
(ITEM#57CCPOCTOBER14,1997)
NO.180 That the above mentioned item be and the same is hereby
LDA-SO.ELLICOTTURA-PH.2-GRAPHICCONTROLS received and filed.
(ITEMNO.57,C.C.P.,FEB,3,1998) ADOPTED
That the above item be and the same is returned to the NO.185
Common Council without recommendation. TRANSFEROFTITLE,URBANHOMESTEAD-421
RECOMMENDED BY THE COMMITTEE ON COMMUNITY MADISON
DEVELOPMENT (ITEMNO.67,C.C.P.,FEB.3,1998)
A public hearing has been set, before the Common Council, That the above item be, and the same hereby is, returned to the
at this regularly scheduled meeting, on the above item, and a Common Council without recommendation.
Notice of same has been published in the Buffalo News, a copy Mr.Zuchlewski moved:
of which is attached hereto. That the city-owned property commonly known as
On a motion by , seconded by , the item is properly before the 421 Madison, is hereby designated as Homestead Property,
Common Council, and the hearing is opened. and that the Mayor be, and he hereby is authorized to execute a
CARRIED. deed transferring said property to Mr. George Carter, residing
Appearances - David Sengbush at 419 Madison Street, for the amount of $ 1.00 (One Dollar),
Mrs. LoTempio now moved that the hearing be closed. and all costs of transfer, on the condition the property is
Seconded by Mr. Brown cleared and improved within six (6) months and maintained in a
Mrs. LoTempio sanitary manner.
WHEREAS, the City Clerk has published a Notice of PASSED.
Public Hearing. AYES-12, AYES-0
WHEREAS, the proposed Contract for Sale of Land NO.186
has been duly submitted to this Common Council by the Dept. TRANSFEROFTITLE,URBANHOMESTEAD-280
of Community Development; and BRISTOL
NOW, THEREFORE, BE IT RESOLVED (ITEMNO.68,C.C.P.,FEB.3,1998)
1. That the Mayor or any officer of Buffalo Urban Renewal That the above item be, and the same hereby is,
Agency is hereby authorized to execute any and all documents returned to the Common Council without recommendation.
necessary to dispose of the land described in the proposed That the city-owned property commonly known as
"Contract for Sale of Land" to Graphic Controls and/or other 280 Bristol, is hereby designated as Homestead Property, and
legal entity to be formed in accordance with the terms of said that the Mayor be, and he hereby is authorized to execute a
Agreement and for the consideration recided therein. deed transferring said property to Mr. and Mrs. Robert Klinko,
PASSED residing at 278 Bristol Street, for the amount of $1.00 (One
AYES-12. NOES-0. Dollar), and all costs of transfer, on the condition the property is
NO.181 cleared and improved within six (6) months and maintained in a
LDA-WATERFRONTREDEVELOPMENT-WATERFRONTsanitary manner.
ASSOC. PASSED
(ITEMNO.58,C.C.P.,FEB,3,1998) AYES-12. NOES-0.
That the above item be and the same is returned to the NO.187
Common Council without recommendation. TRANSFEROFTITLE,URBANHOMESTEAD-180
A public hearing has been set, before the Common Council, JEWETTAVENUE(ITEMNO.43,C.C.P.,DEC.23,1997)
(ITEMNO.182,C.C.P.,FEB.3,1998) received and filed.
That the above item be, and the same hereby is, returned to the ADOPTED
Common Council without recommendation
Mr. Coppola moved that the above item be recommitted to the BUDGETCOMMITTEE
Committee on Legislation. (ROSEMARIELOTEMPIO,CHAIRPERSON)
ADOPTED.
NO.197
NO.188 OVERTIMEUSAGEREPORT(COMPT)
TRANSFEROFTITLE,URBANHOMESTEAD-161(ITEM#05OCTOBER15,1997)
CHESTERSTREET(ITEMNO.31,C.C.P.,JAN.6,1998) That the above mentioned item be and the same is hereby
(ITEMNO.183,C.C.P.,FEB.3,1998) received and filed.
That the above item be, and the same hereby is, returned to ADOPTED
the Common Council without recommendation.
Mr. Coppola moved that the above item be recommitted to the NO.198
Committee on Legislation. OVERTIMESPENDINGPROJECTIONS(A&F)
ADOPTED. (ITEM#84NOVEMBER26,1997)
That the above mentioned item be and the same is hereby
NO.189 received and filed.
SUPPORTMOHAWKSITEFORNEWCONVENTIONADOPTED
CENTER
(ITEMNO.173,C.C.P.,DEC.23,1997) NO.199
That this Common Council endorses the proposed Mohawk MONTHLYOVERTIMEREPORT
Ramp site, bounded by Main, Oak and Huron Streets and (ITEM#13FEBRUARY18,1997)
Broadway, as the preferred site for a new Buffalo Convention That the above mentioned item be and the same is hereby
Center; and received and filed.
That the City Clerk forward certified copies of the Western New ADOPTED
York delegation to the state legislature, Erie County Executive
and Legislature, the Buffalo Convention and Visitors Bureau, NO.200
the Buffalo Convention Center Management Corp., and the LOCAL650INPUT-PRIVATIZINGWATERAUTH.
Greater Buffalo Partnership. (ITEM#89JANUARY21,1997)
ADOPTED That the above mentioned item be and the same is hereby
received and filed.
190 ADOPTED
ORDINANCEAMENDMENT-CHAPTER168-
ENVIRONMENTALREVIEW NO.201
(ITEMNO.218,C.C.P.,FEB.3,1998) LOCAL650INPUT-PRIVATIZINGWATERAUTH.(PW)
That the above item be, and the same hereby is, returned to (ITEM#29FEBRUARY04,1997)
the Common Council without recommendation. That the above mentioned item be and the same is hereby
Mr. Zuchlewski moved: received and filed.
That the Ordinance Amendment as contained in Item No. 218, ADOPTED
C.C.P., February 3, 1998, be and the same hereby is
approved. NO.202
PASSED SURCHARGE/NON-RES.CITYEMPLOYEES
AYES- 12. NOES- 0. (ITEM9170OCTOBER15,1996)
That the above mentioned item be and the same is hereby
NO.191 received and filed.
PKG.STUDYADV.COMM.REPORT(MAYOR) ADOPTED
(ITEM#04CCPJANUARY20,997)
That the above mentioned item be and the same is hereby NO.203
referred to the committee on Budget SURCHARGE/NON-RES.CITYEMPLOYEES
ADOPTED (ITEM#20,OCTOBER29,1996)
That the above mentioned item be and the same is hereby
NO.192 received and filed.
VISITORDIRECTIONALSIGNS ADOPTED
(ITEM4244CCPJANUARY20,1998)
That the above mentioned km be and the same is hereby NO.204
received and filed. NON-RESIDENTEMP.PAYROLLSURCHARGE(CC)
ADOPTED (ITEM#36JANUARY21,1997)
That the above mentioned item be and the same is hereby
NO.193 received and filed.
RESPONSESTATUS-VISITORDIRECTIONALSIGNS(CD) ADOPTED
(ITEM#66CCPFEBRUARY3,1998)
That the above mentioned item be and the same is hereby NO.205
received and filed. SURCHARGEFORNON-RES.CITYEMPLOY(A&F)
ADOPTED (ITEM#56FEBRUARY04,1997)
That the above mentioned item be and the same is hereby
EDUCATION received and filed.
NO.194 ADOPTED
(BARBRAA.KAVANAUGH,CHAIRPERSON)
PROG.REPORT-BD.OFED.LAWSUIT NO.206
(ITEM#178OCTOBER28,1997) QTLY.FIN.DATA(COMPT)
That the above mentioned item be and the same is hereby (ITEM40NOVEMBER26,1996)
received and filed. That the above mentioned item be and the same is hereby
ADOPTED received and filed.
ADOPTED
NO.195
RESPONSE-PROGRESSREPORT-BD.OFED.LAWSUITNO.207
(COMPT) QTLY.FIN.DATA(COMPT)
(ITEM415FEBRUARY3,1998) (ITEM#19FEBRUARY18,1997)
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.196 NO.208
PROGRESSREPORT-BD.OFED.LAWSUIT) QTLY.FINDATA-10/2/96(CD)
(ITEM#78FEBRUARY3,1998) (ITEM#19MARCH4,1997)
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. (ITEM#152MARCH04,1997)
ADOPTED That the above mentioned item be and the same is hereby
received and filed.
NO.209 ADOPTED
GEN.FD.-GAPSHEET-2NDQTR.1996/97
(ITEM#53FEBRUARY04,1997) STADIUM/AUDITORIUMTASKFORCE
That the above mentioned item be and the same is hereby (JAMESW.PITTS,CHAIRMAN)
received and filed. NO.221
ADOPTED MARINEMIDLANDARENA-CALLCUNAUDITEDFIN.
STATEMENTS
NO.210 (ITEM#56MAY27,1997)
UPDATEONGARBAGECONSOLIDATION That the above mentioned item be and the same is hereby
(ITEM#165JANUARY21,1997) received and filed.
That the above mentioned item be and the same is hereby ADOPTED
received and filed.
ADOPTED NO.222
MARINEMIDLANDARENA/UNAUDITEDFIN.STATE.-
NO.211 CROSSROADSARENA
EST.OFC.TELECOMMUNICATIONS1997-98FISCALYR.(ITEM#80APRIL29,1997)
(COUN.PRES.) That the above mentioned item be and the same is hereby
(ITEM#15FEBRUARY04,1997) received and filed.
That the above mentioned item be and the same is hereby ADOPTED
received and filed.
ADOPTED NO.223
MARINEMIDLANDARENA/AUDITEDFIN.STATE.-
NO.212 CROSSROADSARENA
EST.OFC.TELECOMMUNICATIONS1997-98FISCALYR.(ITEM#95FEBRUARY3,1996)
(A&F) That the above mentioned item be and the same is hereby
(ITEM458FEBRUARY18,1997) received and filed.
That the above mentioned item be and the same is hereby ADOPTED
received and filed.
ADOPTED NO.224
MARINEMIDLANDARENA-OPER.AGREE-CROSSROADS
NO.213 ARENA
LONGEVITYFORCOUNCILEXEMPTEMPLOYEES(ITEM#52JANUARY6,1998)
(#247,9/17) That the above mentioned item be and the same is hereby
(ITEM#114,FEBRUARY4,1997) received and filed.
That the above mentioned item be and the same is hereby ADOPTED
received and filed.
ADOPTED NO.225
NO.AMER.MTH.-VIOIATION-NAMERIGBTS-
NO.214 NO.AMER.PK.SCOREBD.
SUPPORTCHG.INBUILDINGARBITRATION (ITEM#56DECEMBER9,1998)
(ITEM#166,FEBRUARY4,1997) 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.226
NO.215 SAPERSTON&DAY-NOAMERICAREPARKSIGN
SUPPORTCHG.BINDINGARBITRATION(A&F) (ITEM#102JANUARY20,1998)
(ITEM#62FEBRUARY18,1997) 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
RESOLUTIONS
NO.216 NO.227
AFSCMELOC.264-SUPPORTCHG.INBINDING By: Mr. Brown
ARBITRATION(ITEM#77FEBRUARY18,1997)
REQUESTTODRAFTGRAFFITIORDINANCE
That the above mentioned item be and the same is hereby
Whereas: For many years, citizens, community
received and filed.
groups and government officials have attempted to eradicate
ADOPTED
the negative consequences of nuisance graffiti in the City of
Buffalo; and
NO.217
Whereas: These efforts have included attempts to ban the
INSTITUTECOMMONCOUNCILPAGEPROGRAM
sale of spray paint, wide-tipped markers, and a variety of
(ITEM#178FEBRUARY18,1997)
measures that have provided minimal results in curtailing this
That the above mentioned item be and the same is hereby
menace; and
received and filed.
Whereas:Graffiti vandalism is a problem throughout the
ADOPTED
nation; however, urban communities and central cities tend to
be the hardest hit by this activity according to the National
NO.218
Council to Prevent Delinquency, a sponsor of a national
S.MANKA-COMPLAINT-SIGNPERMITFEES(468,12/23)
AntiGraffiti Project; and
(ITEM133MARCH4,1997)
Whereas:It is necessary that a comprehensive strategy be
That the above mentioned item be and the same is hereby
developed to prevent nuisance related graffiti which tends to
received and filed.
escalate slum and blight-like conditions and discourages
ADOPTED
citizens and property owners to invest in Buffalo; and
Whereas:The Common Council is requesting a special
NO.219
Ordinance to assist in stopping the spread of graffiti vandalism
RESIDENCECONTR.-PRIV.HAULERS-SOLIDWASTE
and to establish a program for the removal of graffiti from public
(444,2/18)
and private property. (The Council is authorized to enact
(ITEM#147MARCH4,1997)
Ordinances pursuant to powers, as specified in the City Code);
That the above mentioned item be and the same is hereby
and
received and filed.
Whereas:Graffiti vandalism is a public nuisance and
ADOPTED
infringes on of the rights and values of property owners and
residents. Unless the City acts to remove graffiti from public
NO.220
and private property, the graffiti tends to remains.
CONT.-PRIV.FIRMGARBAGECOLL.
Unfortunately, neighboring properties then become the target of
(#244,11/26)(9111,2/18)
graffiti, and entire communities are affected; and
Whereas:The establishment of a separate Graffiti Ordinance hours of community service. At least one parent or legal
would provide an additional enforcement tool to protect public guardian of the minor should be required to be in attendance a
and private property from acts of graffiti vandalism and minimum of fifty percent (50%) (or subject to the discretion of
defacement; the court) of the period of assigned community service. The
Now, Therefore, Be It Resolved: entire period of community service shall be performed under
That the Law Department be requested to draft an ordinance the supervision of a community service provider approved by
that addresses the concerns of graffiti in the City of Buffalo; the Commissioner of the Buffalo Police Department.
and Community service should have a rehabilitative effect on the
Be it Further Resolved: minor or adult such as service that requires graffiti removal;
That the Law Department define graffiti vandalism as the and
unauthorized inscription, word, figure, painting or other Be it Finally Resolved:
defacement that is written, marked, etched, scratched, That a reward of $250 (not to exceed the cost of the fine) be
sprayed, drawn, painted, or engraved on or otherwise affixed to given to individuals that give information that leads to the arrest
any surface of public or private property by any graffiti and conviction of a person violating the graffiti ordinance.
implement; to the extent that the graffiti was not authorized in Additionally, the reward fund should be generated from fines,
advance by the owner or occupant of the property, or, despite donations and various sources as needed or deemed
advance authorization, is otherwise deemed a public nuisance appropriate; and
by this Council. Equally important, that the Law Department Be it Further Resolved:
define graffiti implements as an aerosol paint container, a That the Law Department amend Nuisance Abatement,
broad-tipped marker, gum label, paint stick, etching equipment, Chapter 294; Obscenity, Chapter 299; Signs, Chapter 387;
brush or any other device capable of scarring or leaving a Zoning, Chapter 51 1; Property Maintenance, Chapter 341;
visible mark on any natural or marimade surface; and Erection and Maintenance, Chapter 133-7, and any additional
Be it Further Resolved: areas of the City Code to include regulations for graffiti
That it shall become unlawful for any person to apply graffiti to installation, removal and penalties; and
any natural or marimade surface of any city-owned or private Be it Further Resolved:
property, without the permission of the owner; and That this Ordinance also include anti-blight provisions for the
Be it Further Resolved: expeditious removal of graffiti. Property owners should be
That the Board of Education establish a policy to prevent required to remove the graffiti within ten (10) calendar days
minors from carrying graffiti implements on school grounds, upon notification by the City of Buffalo. The city should provide
facilities, buildings, or areas immediately adjacent to those graffiti removal services for individuals experiencing a financial
specific locations upon public or private property without the hardship. In this instance, the perpetrator should be required
prior written consent of the owner or occupant of the property; to reimburse the city for its expenses and/or be ordered by the
and courts to perform community service. Any person applying
Be it Further Resolved: graffiti should be required to remove or pay for the removal of
That this ordinance should make it illegal for any person, other the graffiti within twenty-four (24) hours. In the case of a
than a parent or legal guardian, to sell, exchange, give, loan, or minor, the parent(s) or legal guardian(s) should be held equally
otherwise furnish, or cause or permit to be exchanged, given, responsible in the removal of the graffiti. Guidelines should be
loaned, or otherwise furnished, any aerosol paint container, set to determine a financial hardship. If hardship is not
broad-tipped marker, or paint stick to anyone under the age of determined, the City shall remove the graffiti and bill the
eighteen (I 8) without the written consent of the parent(s) or property owner or user of the building; and
legal guardian(s) of the person; and Be it Further Resolved:
Be it Further Resolved: That the Ordinance regard graffiti as an anti-blight initiative, in
That this ordinance require that every person who owns, addition to a nuisance abatement endeavor. This would assist
conducts, operates, or manages a retail commercial this municipality when inspectors are unable to receive consent
establishment selling aerosol paint containers, paint sticks, or orders to remove graffiti from privately owned properties. Thus,
broad-tipped markers to store the containers, sticks or markers a property owner's failure to remove graffiti after written
in an area continuously observable, through direct visual notification or failing to give the city the permission to remove
observation or surveillance equipment, by employees of the the graffiti should be regarded as threatening the safety and
retail establishment during the regular course of business. In welfare of a neighborhood; and
the event that a commercial retail establishment is unable to Be it Finally Resolved:
store aerosol paint containers, sticks, and broad-tipped That property owners be notified that is unlawful for any person
markers in the aforementioned manner, they should be stored who has primary responsibility or control of property or for
in an area not accessible to the public without the assistance of repair or maintenance of property in the City of Buffalo to permit
an employee; and property that is defaced with graffiti to remain defaced for a
Be it Further Resolved: period of ten (I 0) days after service by first class mail of notice
That the Ordinance require all persons who operate a retail of the defacement. Penalties for non-compliance should be
commercial establishment selling graffiti implements to place a included in the notification, in addition to information on graffiti
sign in clear public view at or near the display of such products prevention. Procedures for who to contact and how to request
stating: "Graffiti is against the law. Any person who defaces a hearing on the matter should be included in the notice.
real or personal property with paint or any other liquid or device Persons should be required to schedule a hearing within 48
is guilty of a crime punishable by imprisonment and/or fine." hours upon receipt of notification. Administrative Adjudication
Additionally, place a sign in the direct view of such persons should provide responsibilities of the hearing officer or
responsible for accepting customer payment for graffiti Inspections. The hearing officer then would have the final
implements stating: "Selling spray paint, paint sticks, or broad-decision on removal procedures and costs; and
tipped markers to persons less than 18 years of age is against REFERRED TO THE COMMITTEE ON LEGISLATION
the law and punishable by a fine;" and ,CORPORATION COUNSEL COMMISSIONER OF HUMAN
Be it Further Resolved: SERVICES, PARKS AND RECREATION., AND THE
That the Ordinance include penalties for the violators that COMMISSIONER OF COMMUNITY DEVELOPMENT
range from fines and imprisonment to property forfeiture,
restitution, parental liability, and community service. There NO.228
should be a sliding scale for penalties by repeat offenders. In By: Mr. Brown
the case of a minor, the parent(s) or legal guardian(s) shall be
INVITEAUTOMAKERSTOJOININTHEFORMATIONOFA
held jointly liable with the minor for payment of all fines. Failure
CITYAUTOMALLALONGMAINSTREET
of the parent(s) or legal guardian(s) to make payment will result
Whereas:The expansion of Buffalo's NYS Economic
in the filing of a lien on the parents' or legal guardians' property
Development Zone (ED Zone) has opened up great
that should include the fine and administrative costs. In
opportunities for businesses willing to invest and expand in this
addition, provisions should be included to permit courts to order
zone;and
any violator to make restitution to the victim for damages or loss
Whereas: Main Street, between Fillmore Avenue and East
caused directly or indirectly by the violator's offense in the
Oakwood Place, is currently home to Streng Oldsmobile and
amount or manner determined by the court. In the case of a
Braun Cadillac, and would make an ideal location for a "City
minor, the parent(s) or legal guardian(s) should be held jointly
Auto Mall," and
liable with the minor to make the restitution; and
Whereas: This area could be added to the ED Zone to provide
Be it Further Resolved:
incentives to companies interested in taking part in such a City
That the Ordinance include that in-lieu of, or as part of, the
Auto Mall; and
penalties for violating the law, a minor or adult may be required
Whereas: There have been reports that the General Motors
to perform community service as described by the court. The
Corporation (GM) is following a strategy of pressuring
minor or adult should be required to perform a minimum of 50
dealerships from inner city locations, including Buffalo, to
relocate to suburban locations; and Teachers Federation, and Parent Organizations.
Whereas: Buffalo is undergoing an impressive economic REFERRED TO THE COMMITTEE ON EDUCATION,
transformation and an exodus of GM dealerships would be a BOARD OF EDUCATION AND BUFFALO TEACHERS
mistake both for the City of Buffalo and for the General Motors FEDERATION. , AND NEW YORK STATE EDUCATION
Corporation; and DEPARTMENT
Whereas: GM and other major automakers, which spend
millions of dollars annually on advertising to appeal to the NO.230
minority and urban market, should consider Main Street as a By: Mr. Coppola
prime site for both expansion and the location of minority LIFTBUSROUTEDESIGNATIONONPARKSIDE&
dealerships; FOREST
Now, Therefore, Be It Resolved That: Whereas:The Niagara Frontier Transportation Authority has
This Council requests Alan DeLisle, the President of the discontinued regular bus service on Parkside Avenue and
Buffalo Enterprise Development Corporation, or his designee, Forest Avenue; however, both streets are still designated bus
to contact representatives of GM and other major automobile routes; and
manufacturers, as well as the principals at Streng Oldsmobile Whereas:Because they are still designated bus routes, the
and Braun Cadillac, to explore the idea of a City Auto Mall parking is restricted during winter months due to plowing; and
supported by ED Zone incentives; and Whereas:The winter parking restriction has caused severe
Be It Further Resolved That: hardship for individuals who do not have off-street parking and
This Council further requests that Mr. DeLisle file a report on reside on Parkside and Forest Avenues.
the preliminary results of his efforts by Tuesday, February 24th, Now therefore be it resolved that
because there are rumors that local dealerships are facing This Common Council supports elimination of bus route
imminent decisions about possible moves; and designation for Parkside Avenue and Forest Avenue to ease
Be It Finally Resolved That: the hardship for individuals who do not have offstreet parking,
The City Clerk be directed to send certified copies of this and requests that the Traffic Engineer remove winter parking
resolution to Jack Smith, the Chairman and Chief Executive restrictions.
Officer of General Motors, to the principals of Streng PASSED
Oldsmobile and Braun Cadillac, and to Alan DeLisle, President AYES- 12 NOES- 0
of the BEDC.
REFERRED TO THE COMMITTEE ON LEGISLATION AND NO.231
BUFFALO ECONOMIC DEVELOPMENT CORPORATION. By Mr. Coppola & Ms. Gray
OBJECTTONIMOBAILOUT
NO.229 Whereas: In early January a large portion of Northern New
By: Mr. Brown & Mrs. Williams York State was devastated by a massive ice storm which
caused millions of dollars in damage and interrupted electric
MAKECONFLICTRESOLUTIONPARTOFBUFFALO
service for hundreds of thousands of Niagara Mohawk Power
PUBLICSCHOOLCURRICULUM
Company customers for several weeks; and
Whereas: An alarming number of children and young adults
Whereas: NiMo, uninsured for the damage and claiming no
have been involved in several recently publicized violent
cash reserves for emergencies, estimates that the damage
confrontations; and
exceeds $125 million; however, in 1994, NiMo's cash reserves
Whereas: This disturbing phenomenon is becoming too
were listed at $75 million; $155 million in 1995; $325 million in
common; the news media reports many incidents of children
1996; and the cash reserves are estimated at $600 million for
and young adults engaging in violent behavior at school, at
1997; and
home, during sporting events, and so on; and
Whereas: Most of the damage was caused by over 8,000
Whereas: Although a particular youth may be motivated by one
power poles, estimated to being between sixty and eighty years
of a number of factors, it seems as if many of the young
old, breaking under the weight of heavy ice, broken trees and
members of our society are conditioned to be hard; in addition,
tree limbs; and as pole replacement and tree branch trimming
many of them have diminished levels of self-respect and lack
should be part of an ongoing systemwide preventative
conflict resolution skills; and
maintenance program, and it appears as though both have
Whereas: We need to provide our youth with the skills
been sadly neglected by NiMo; and
necessary to manage conflict without engaging in violence; and
Whereas: Top executives at NiMo chose not to carry insurance
Whereas: We should also provide Buffalo's young citizens with
on its electric system, allowed its insurance policy to lapse on
the awareness and sensitivity necessary to successfully co-
January 1, 1998, and now that the system has been badly
exist in our increasingly multicultural society; and
damaged those same executives are lobbying Congress for
Whereas: Instruction in the areas of conflict resolution, cultural
disaster assistance; and
awareness, and cultural sensitivity can be easily implemented if
Whereas: Congress has never bailed out a private company,
consistent methods, materials, and messages are used; and
and if an exception is granted the bailout would set a
Whereas: Although several initiatives currently offer some
dangerous precedent as NiMo is a private corporation and
degree of instruction in conflict resolution, students at all grade
unlike a government entity not automatically entitled to receive
levels, from kindergarten through 12th grade, can benefit from
disaster assistance; and
this type of instruction; consolidating these various programs
Whereas: One would question why Congress should even
into a cohesive, comprehensive conflict resolution curriculum
consider a bailout for NiMo, and will NiMo then turn again to the
would enable us to ensure that each student receives this
New York State Public Service Commission for another rate
instruction continuously; and
increase; and
Whereas: Age appropriate lessons would gradually provide our
Whereas: Utility lobbyists have met with congressional staff
students with the skills necessary to manage conflict without
and indicated that unless Congress grants them disaster
violence; the ultimate goal of such instruction is to reduce youth
assistance, the 3.2% proposed reduction for residential users
violence, a phenomenon which is increasing at an alarming rate
in the PowerChoice Settlement Plan will be wiped out; and
across the country;
Whereas: As insurance on NiMo electric service is not the
Now, Therefore, Be It Resolved:
responsibility of the Federal Government, the State, the Public
That the Board of Education, in conjunction with
Service Commission, tax payers or rate payers one further
Superintendent James Harris, compile an overview
wonders why a company, whose top decision-makers chose
summarizing all existing conflict resolution programs, and file it
not to carry insurance, should be bailed out and shouldn't those
with this Honorable Body by 2:00 pin on Thursday, March 12,
same executives be terminated for mismanagement; and
1998 in Room 1308 City Hall; and
Whereas: This Common Council strenuously objects to rate
Be It Further Resolved:
payers or tax payers absorbing the cost of Niagara Mohawk
That instruction in conflict resolution, cultural awareness, and
Power Corporation's executive mismanagement.
cultural sensitivity be considered by the Board of Education as
Now therefore be it resolved that
a mandatory component of the curriculum of the Buffalo Public
Because of the estimated amount of their cash reserves, this
School System as soon as possible; and
Common Council strenuously objects to any bailout for Niagara
Be It Further Resolved:
Mohawk Power Corporation by Congress, New York State, the
That Superintendent James Harris develop and file summaries
State Public Service Commission, tax payers or NiMo rate
of a draft conflict resolution, cultural awareness, and cultural
payers and requests that the City Clerk send certified copies of
sensitivity curriculum with this Honorable Body in Room 1308
this resolution to the New York State Congressional delegation
City Hall once it has been reviewed by the Board of Education;
in Washington, DC, the New York State Legislature, as well as
and
the New York State Public Service Commissioners; and
Be It Finally Resolved:
Be it further resolved that
That the City Clerk send certified copies of this resolution to all
The City Clerk send a certified copy of this resolution to
of the members of the Buffalo Board of Education, the Buffalo
Niagara Mohawk reappropriated as set forth below
Power Corporation with a request for a report on the status of From: 100 General Fund, 010 - Common Council, 001
NiMo's preventative maintenance Old replacement and tree Legislative, 110 Salaries Regular $10,000
trimming. To: 100 General Fund, 010 Common Council, 085 - Exempt
-
ADOPTED
Items, 982 Operating Equipment(upgrade computers, printers
AYES 11 BROWN, COPPOLA, FONTANA, FONTANA,
for Franczyk, Fontana, Staff)
FRANCZYK, GRAY, HELFER, LOTEMPIO, MANLEY, PITTS,
QUINTANA, WILLIAMS, ZUCHLEWSKI NOES 1
NO.236
KAVANAUGH
By: Mr. Franczyk
TRANSFEROFFUNDS
NO.232
COMMONCOUNCIL
By: Mr. Fontana
That pursuant to section 42 of the Charter and the Certificate
PERMISSIONTOHANGBASKETSANDDECORATIONS]
of the Mayor and the Comptroller submitted to the Common
Whereas: The Newburgh Coalition and Epiphany
Council, the sum of $577 be and the same is hereby
Church have together expressed an interest in hanging flower
transferred within the Common Council and said sum is hereby
baskets during the springtime and Christmas decorations
reappropriated as set forth below.
during the holiday season at the following locations:
From: 100 General Fund, 010 Common Council,002
Genesee Street from Bailey Avenue to the city line
Councilmember Williams, 110 Salaries Regular $577
Walden Avenue from Bailey Avenue to the city line
T0 100 General Fund, · 010 Common Council, 085
E. Delavan from Bailey Avenue to the city line; and
Exempt Items, 982 Operating Equipment (upgrade computer
Whereas: This would be an appealing addition to the business
equipment) $577
strip and the community for all to enjoy; and
PASSED
Whereas: In order for the Newburgh Coalition and Epiphany
AYES- 12 NOES- 0
Church to hang these flower baskets and decorations, the
Common Council must grant permission pursuant to the
NO.237
conditions set forth by the Department of Public Works and the
By: Mr. Franczyk:
Corporation Counsel;
BONDRESOLUTION
Now, Therefore, Be It Resolved:
$200,000BONDSDIVINGPOOLDEMOLITION-CITY
That the Common Council of the City of Buffalo grants
PARKSACCOUNTNO.200-717
permission to the Newburgh Coalition and Epiphany Church to
Bond Resolution of the City of Buffalo, New York, authorizing
hang flower baskets during the springtime and Christmas
the issuance of $200,000 General Improvement Bonds of said
decorations during the holiday season at the locations stated
City to finance the cost of demolition of diving pools in various
above; and
City parks, at the estimated maximum cost of $200,000.
Be It Further Resolved:
The Common Council of the City of Buffalo, in the County of
That permission be granted pursuant to the conditions set forth
Erie, New York, hereby resolves (by the favorable vote of not
by the Department of Public Works and the Corporation
less than two-thirds of all the members of said Common
Counsel with regard to hanging flower baskets and seasonal
Council) as follows:
decorations.
Section 1. The Comptroller of the City of Buffalo, in the County
PASSED
of Erie, New York (herein called "City"), is hereby authorized
AYES- 12 NOES- 0
and directed to issue General Improvement Bonds of said City
in the principal amount of Two Hundred Thousand Dollars
NO.233
($200,000), pursuant to the provisions of the Charter of said
BY:MR.FRANCZYK
City and the Local Finance Law, constituting Chapter 33-a of
INCREASEDAPPROPRIATION
the Consolidated Laws of the State of New York (the "Law"), to
CITYREVENUE
finance the cost of demolition of diving pools in various City
DIVISIONOFCOLLECTIONS
parks. The estimated maximum cost of said class of objects or
That, Pursuant to Section 41 of the Charter and the
purposes for which the bonds authorized by this resolution are
Certificate of the Mayor and tile Comptroller Submitted to the
to be issued, including preliminary costs and costs incidental
Common Council, the appropriation in the budget for the
thereto and the financing thereof, is $200,000 as set forth in
current fiscal year for Appropriation Allotments - Department of
the duly adopted Capital Improvements Budget of said City for
Audit and Control, Division of Collections be and tile same
fiscal year 1997-98, as amended.
hereby is increased in the sum of $40,000
Section 2. The proceeds of the sale of the bonds authorized by
That, the comptroller be aid hereby Is authorized and directed
this resolution, or any bond anticipation notes issued in
to increase tile revenue estimate of account,
anticipation of the sale of said bonds, shall be deposited in the
Revenue City
Capital Projects Fund to the credit of the Division of
I00 General Fund, 044 - Division of Collections, 402 -City,
Development, "Neighborhood Dev. Site Prep., 1997-98"
30020 Charges for Collection Services 40,000
Account No. 200-717, and shall be used for the purpose
To meet the increased appropriation as set forth below:
specified in Section I of this resolution.
100 General Fund, 044 - Division of Collections, 00I
Section 3. The City intends to finance, on an interim basis, the
Collections, 570 Financial and Accounting, Services 40,000
costs or a portion of the costs of said improvements for which
REFERRED To THE COMMITTEE ON FINANCE AND
bonds are herein authorized, which costs are reasonably
DIVISION OF COLLECTIONS.
expected to be incurred by the City, pursuant to this Bond
Resolution, in the maximum amount of $200,000. This
NO.234
resolution is a declaration of Official Intent adopted pursuant to
BY:MR.FRANCZYK
the requirements of Treasury Regulation Section 1. 150-2.
TRANSFEROFFUNDS
Section 4. The following additional matters are hereby
COMMONCOUNCIL
determined and stated:
That Pursuant to section 42 of the Charter and the Certificate
(a) The period of probable usefulness applicable to the
of the Mayor and the Comptroller submitted to the Common
class of objects or purposes for which the bonds authorized by
Council, the sum of $13,500 be and the same is hereby
this resolution are to be issued, within the limitations of Section
transferred within the Common Council and said sum is hereby
1 1.00 a. 12-a. of the Local Finance Law, is ten (10) years.
reappropriated as set forth below.
(b) Current funds are not required by the Law to be provided as
From:100 General Fund, 010 Common Council, 008
a down payment prior to the issuance of the bonds authorized
Councilmember Helfer, 110 Salaries Regular $13,500
by this resolution or any bond anticipation notes issued in
To:
anticipation thereof in accordance with Section 107.00 d. 9 of
100 General Fund, 010 - Common Council, 001 - Legislative
the Law.
I 12) - Temporary Services to Fund interns $13,500
Section 5. Each of the bonds authorized by this resolution and
PASSED
any bond anticipation notes issued in anticipation of the sale of
AYES- 12 NOES- 0
said bonds and the renewals of said notes shall contain the
NO.235
recital of validity as prescribed by Section 52.00 of the Local
By: Mr. Franczyk
Finance Law. Said bonds and said notes shall be general
TRANSFEROFFUNDS
obligations of the City of Buffalo payable as to both principal
COMMONCOUNCIL
and interest by general tax upon all the taxable real property
That pursuant to section 42 of tile Charter and the Certificate of
within said City without limitation as to rate or amount. The
the Mayor and the Comptroller submitted to the Common
faith and credit of said City are hereby irrevocably pledged to
Council, the sum of $10,000 be and the same is hereby
the punctual payment of the principal of and interest on said
transferred within the Common Council and said sum is hereby
bonds and said notes. Provision shall be made annually by
appropriation by said City for the payment of interest on and for Section 6. The validity of the bonds authorized by this
the amounts required for the amortization and redemption of resolution or any bond anticipation notes issued in anticipation
said bonds and said notes. of the sale of said bonds, may be contested only if:
Section 6. The validity of the bonds authorized by this (a) such obligations are authorized for an object or purpose for
resolution or any bond anticipated notes issued in anticipation which the City of Buffalo is not authorized to expend money, or
of the sale of said bonds, may be contested only if: (b) the provisions of law which should be complied with at the
(a) such obligations are authorized for an object or purpose for date of the publication of such resolution are not substantially
which the City Buffalo is not authorized to expend money, or complied with,
(b) the provisions of law which should be complied with at the and an action, suit or proceeding contesting such validity, is
date of the publication of such resolution are not substantially commenced within twenty days after the date of such
complied with, and an action, suit or proceeding contesting publication, or
such validity, is commenced within twenty days after the d of (c) such obligations are authorized in violation of the provisions
such publication, or of the constitution.
(c) such obligations are authorized in violation of the provisions Introduced: February 17, 1998
of the constitution LAID ON THE TABLE
Introduced: February 17, 1998
LAID ON THE TABLE NO.239
By: Mr. Franczyk:
NO.238 BONDRESOLUTION
By: Mr. Franczyk: $750,000BONDSDEMOLITION-S.ELLICOTTURBAN
BONDRESOLUTION RENEW.
$550,000BONDSLANDAQUIS.-S.ELLICOTTURBAN Bond Resolution of the City of Buffalo, New York, authorizing
RENEW.ACCOUNTNO.200-717 the issuance of $750,000 General Improvement Bonds of said
Bond Resolution of the City of Buffalo, New York, authorizing City, to finance the cost of demolition of various City-owned
the issuance of $550,000 General Improvement Bonds of said buildings in the South Ellicott Urban Renewal Plan Phase II
City to finance the cost of acquisition of three parcels of land in area, at the estimated maximum cost of $750,000.
the South Ellicott Urban Renewal Plan Phase II area, at the The Common Council of the City of Buffalo, in the County of
estimated maximum cost of $550,000. Erie, New York, hereby resolves (by the favorable vote of not
The Common Council of the City of Buffalo, in the County of less than two-thirds of all the members of said Common
Erie, New York, hereby resolves (by the favorable vote of not Council) as follows:
less than two-thirds of all the members of said Common Section 1. The Comptroller of the City of Buffalo, in the County
Council) as follows: of Erie, New York, is hereby authorized and directed to issue
Section 1. The Comptroller of the City of Buffalo, in the County General Improvement Bonds of said City in the principal
of Erie, New York (herein called "City"), is hereby authorized amount of Seven Hundred Fifty Dollars ($750,000), pursuant to
and directed to issue General Improvement Bonds of said City the provisions of the Charter of said City and the Local Finance
in the principal amount of Five Hundred Fifty Thousand Dollars Law, constituting Chapter 33-a of the Consolidated Laws of the
($550,000), pursuant to the provisions of the Charter of said State of New York (the "Law"); to finance the cost of the
City and the Local Finance Law, constituting Chapter 33-a of demolition of five City-owned structures on Blocks 10 and 15 in
the Consolidated Laws of the State of New York (die "Law"), to the South Ellicott Urban Renewal Plan Phase 11 area, to
finance the cost of acquisition of three parcels of land, provide sites for future commercial and industrial development.
comprising approximately 5.87 acres and designated Blocks 4, The estimated maximum cost of said class of objects or
10 and 15 in the South Ellicott Urban Renewal Plan Phase 11 purposes for which the bonds authorized by this resolution are
area. The estimated maximum cost of said class of objects or to be issued, including preliminary costs and costs incidental
purposes for which the bonds authorized by this resolution are thereto and the financing thereof, is $750,000 as set forth in
to be issued, including preliminary costs and costs incidental the duly adopted Capital Improvements Budget of said City for
thereto and the financing thereof, is $550,000 as set forth in fiscal year 1997-98, as amended.
the duly adopted Capital Improvements Budget of said City for Section 2. The proceeds of the sale of the bonds authorized by
fiscal year 1997-98, as amended. this resolution, or any bond anticipation notes issued in
Section 2. The proceeds of the sale of the bonds authorized by anticipation of the sale of said bonds shall be deposited in the
this resolution, or any bond anticipation notes issued in Capital Projects Fund to the credit of the Department of
anticipation of the sale of said bonds, shall be deposited in the Community Development, Division of Development,
Capital Projects Fund to the credit of the Division of "Neighborhood Dev.Site Prep, 1997-98", Bond Authorization
Development, "Neighborhood Dev. Site Prep., 1997-98" Account No. 200-717, and shall be used for the purpose
Account No. 200-717, and shall be used for the purpose specified in Section 1 of this resolution.
specified in Section 1 of this resolution. Section 3. The City intends to finance, on an interim basis, the
Section 3. The City intends to finance, on an interim basis, the costs or a portion of the costs of said improvements for which
costs or a portion of the costs of said improvements for which bonds are herein authorized, which costs are reasonably
bonds are herein authorized, which costs are reasonably expected to be incurred by the City, pursuant to this Bond
expected to be incurred by the City, pursuant to this Bond Resolution, in the maximum amount of $750,000. This
Resolution, in the maximum amount of $550,000. This Resolution is a declaration of Official Intent adopted pursuant
resolution is a declaration of Official Intent adopted pursuant to to the requirements of Treasury Regulation Section 1.150-2.
the requirements of Treasury Regulation Section 1.150-2. Section 4. The following additional matters are hereby
Section 4. The following additional matters are hereby determined and stated:.
determined and stated: (a) The period of probable usefulness applicable to the class of
(a) The period of probable usefulness applicable to the class of objects or purposes for which the bonds authorized by this
objects or purposes for which the bonds authorized by this resolution are to be issued, within the limitations of Section
resolution are to be issued, within the limitations of Section 11.00 (a) 12-a. of the Local Finance Law, is ten (10) years.
11.00 a.21.of the Local Finance Law, is thirty (30) years. (b) Current funds are not required by the Law to be provided as
(b) Current funds are not required by the Law to be provided as a down payment prior to the issuance of the bonds authorized
a down payment prior to the issuance of the bonds authorized by this resolution or any bond anticipation notes issued in
by this resolution or any bond anticipation notes issued in anticipation thereof in accordance with Section 107.00 d. 9. of
anticipation thereof in accordance with Section 107.00 d. 9 of the Law.
the Law. Section 5. Each of the bonds authorized by this resolution and
Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of
any bond anticipation notes issued in anticipation of the sale of said bonds and the renewals of said notes shall contain the
said bonds and the renewals of said notes shall contain the recital of validity prescribed by Section 52.00 of the Local
recital of validity as prescribed by Section 52.00 of the Local Finance Law. Said bonds and said notes shall be general
Finance Law. Said bonds and said notes shall be general obligations of the City of Buffalo payable as to both principal
obligations of the City of Buffalo payable as to both principal and interest by a general tax upon all the taxable real property
and interest by general tax upon all the taxable real property within said City without limitation as to rate or amount. The
within said City without limitation as to rate or amount. The faith and credit of said City are hereby irrevocably pledged for
faith and credit of said City are hereby irrevocably pledged to the punctual payment of the principal of and interest on said
the punctual payment of the principal of and interest on said bonds and said notes. Provision shall be made annually by
bonds and said notes. Provision shall be made annually by appropriation by said City for the
appropriation by said City for the payment of interest on and for payment of interest on and for the amounts required for the
the amounts required for the amortization and redemption of amortization and redemption of said bonds and said notes.
said bonds and said notes. Section 6. The validity of the bonds authorized by this
resolution or any bond anticipation notes issued in anticipation RESTAURANT - A premises where food is sold to be
of the sale of said bonds may be contested only if: consumed on the premises. This definition shall not include a
(a) Such obligations are authorized for an object or purpose for premises where a non-alcoholic beverage or snack is available
which the City of Buffalo is not authorized to expend money, or but is incidental to the conduct of the business at the premises.
(b) The provisions of law which should be complied with at the PUBLIC NUISANCE - For purposes of this chapter, a public
date of the publication of this resolution are not substantially nuisance shall be deemed to exist whenever through violations
complied with, of any of the following provisions resulting from separate
and an action, suit or proceeding contesting such validity, is incidents at a building, erection or place, twelve (12) or more
commenced within twenty days after the date of such points are accumulated within a period of six (6) months, or
publication, eighteen (I 8) or more points within a period of twelve (12)
or months, in accordance with the following point system. Where
(c) Such obligations are authorized in violation of the more than one (1) violation occurs during a single incident, the
provisions of the constitution. total points for the incident shall be the highest point value
Introduced: February 17, 1998 assigned to any single violation.
LAID ON THE TABLE SIGNIFICANT CHANGE IN MANAGEMENT OR PROPERTY
OWNERSHIP - A transfer of the title of the property from one
NO.240 entity to another, regardless of family relationship or an
BY: Council Members Franczyk & LoTempioarrangement wherein the operation of the business is leased to,
EXPLOREALTERNATIVESITESFORBDISTRICTPOLICEor managed by, an entity that is not the owner.
PRECINCT VIOLATION - An action as listed in Section 131-8 of this
WHEREAS: One of the options for the location of the B Chapter by any person on or about the premises holding the
District Police Precinct is the site at 695 Main Street; and, Certificate of Operation which requires the intervention of the
WHEREAS: The site has been identified for its proximity to the City of Buffalo.
Theater District and availability for sale; and, Section 13 1-3. Certificate of Operation Required.
WHEREAS: There, are however, concerns about the price for No person shall operate or maintain a business within the City
the property at 695 Main St., in addition to the eventual final without first having obtained a Certificate of Operation
cost projections for a possible completed precinct at authorizing the operation of said business by said operator at
695 Main; and, the specific business location. The Certificate of Operation is
WHEREAS: The amount of money the Council is asked to non-transferable. A new Certificate of Operation must be
approve for 695 Main St. is $700,000, which may or may not be obtained whenever there is a significant change in
more than what the Council might have paid or still may pay management or property ownership. The Certificate of
through condemnation proceedings; and, Operation shall run indefinitely unless such a change occurs.
WHEREAS: The property at 695 Main is assessed for Failure to obtain a Certificate of Operation or operating a
$300,000, and the owners evidently petitioned to reduce the business without a Certificate of Operation shall be punishable
assessment to $200,000; and, by the immediate assessment of twenty (20) points.
WHEREAS: It may become necessary to explore other Section 131-4. Application.
possible locations for the B District Police Precinct if An application for a Certificate of Operation shall be made to
discussions or negotiations collapse for 695 Main; and, the Office of Licenses on forms prescribed by the
WHEREAS: Although it may be deemed desirable to locate the Commissioner of Community Development. The application
B Precinct in the Theater District, it should not preclude looking shall request relevant information relating to the operator and
at other possible locations; the business to be conducted at the premises, including
NOW THEREFORE BE IT RESOLVED: whether any other licenses and permits are necessary for the
That the Division of Real Estate, Department of Public Works, business. No other licenses or permits shall be issued until the
Police Department and the Department of Community applicant has obtained or applied for a Certificate of Operation.
Development seek and report to the Council on the availability Section 131-5. Inspections
of other possible locations for the B District Police Precinct Upon receipt of an application for a Certificate of Operation, the
should the Director of Inspections, Licenses and Permits shall review the
REFERRED TO THE COMMITTEE ON COMMISSIONER entire business location (including accessory and related
OF PUBLIC WORKS, COMPTROLLER, locations) to ensure that the operation of the business at that
COMMISSIONER OF COMMUNITY DEVELOPMENT AND location will be in compliance with all building and zoning laws.
COMMISSIONER OF POLICE. A check shall be made to ensure that the applicant is not
serving a period of suspension or revocation of a previous
NO.241 Certificate of Operation, or is not the subject of pending
By: Mr, Franczyk charges brought pursuant to any applicable law of the City or
ORDINANCEAMENDMENT the State. The Commissioner of Community Development, the
CHAPTER131-CERTIFICATEOFOPERATION Commissioner of Police and the Commissioner of Fire may
The Common Council of the City of Buffalo does hereby cause an inspection of the premises to be made to determine
ordain as follows: whether the applicant is complying with the laws and
That a new Chapter 131 of the Code of the City of Buffalo be ordinances which they are charged with enforcing. The
added to read as follows: Commissioner of Community Development, the Commissioner
Chapter 131 of Police and the Commissioner of Fire and members of their
Certificate of Operation, Section 131-1. Purpose. staff shall have the right to enter upon any premises for which a
The purpose of this chapter is to establish regulatory controls Certificate of Operation is sought for the purpose of making
to ensure that certain such an inspection during normal business hours, and shall
businesses are operated in accordance with law, do not have a also have the authority to seek warrants where the same are
serious negative impact upon constitutionally required.
surrounding residential neighborhoods, or do not endanger the Section 131-6. Issuance of Certificate
health, safety or welfare of persons in the City of Buffalo. No Certificate of Operation shall be issued unless the applicant
Section 131-2. Definitions. has fully complied with the provisions of this chapter. No
As used in this chapter, the following terms shall have the Certificate of Operation shall be issued to an applicant during
meanings indicated: the term of a suspension or revocation of a previous Certificate
BAR - A premises where alcoholic beverages are sold for of Operation or while charges brought pursuant to any
consumption on the premises; or a premises operated for profit applicable law of the City or the State are pending against the
or pecuniary gain or as a place of assembly where alcoholic applicant. No person shall maintain or operate a business for
beverages are provided by the operator of the premises, his or which a Certificate is required under this chapter more than
her agents, servants or employees, or are brought onto said ninety (90) days after the effective date of this chapter, unless
premises by persons assembling there. he or she has properly filed a Certificate application. Initial
BUSINESS - A bar, food store, drug store or restaurant as Certificates shall be issued or denied within one hundred fifty (I
defined herein. 50) days after the effective date of this chapter. Thereafter,
COMMISSIONER OF COMMUNITY DEVELOPMENT - The Certificates shall be issued or denied within thirty (30) days
Commissioner of Community Development or his designee. after an application is completed.
DRUG STORE - A premises where prescription drugs are sold Section 131-7. Operation of Businesses.
at retail, together with dry goods, food or beverages. A. The owner and operator of any business shall comply with
FOOD STORE - A premises with a total floor space less than all provisions of federal, state and local laws and ordinances
twenty thousand (20,000) square feet in which fifty percent relating to the conduct of businesses and the occupation, use
(50%) or more of its sales area is devoted to the sale of food and maintenance of the premises.
and beverage items to be consumed off the premises. B. The owner and operator of any business shall comply with
all notices, orders, decisions and rules and regulations made (c) Section 78-20 of the Code - Howling Dogs.
by the Commissioner of Police, Commissioner of Fire, (d) Suffering or permitting the premises to become disorderly,
Commissioner of Community Development and the City including suffering or permitting fighting or lewdness.
Planning Board governing the occupation and use of said (4) For purposes of this section, a conviction for an offense in a
premises. court of competent jurisdiction or an administrative bureau shall
C. The owner and operator of any business shall cause the not be required. Instead, the City shall prove by a
Certificate of Operation to be posted in a conspicuous place preponderance of the evidence that the violations have
visible to the public on the premises of the business. occurred.
D. The owner and operator of any business shall not permit at However, a conviction as defined and applied in accordance
any time a greater number of persons on the premises than the with the provisions of Section 1.20 of the Criminal Procedure
capacity approved by the City. law, in any court of competent jurisdiction, or a conviction or
E. The owner and operator of any business shall maintain good plea of guilty in the Bureau of Administrative Adjudication shall
order on and about the premises at all times. The premises constitute conclusive proof of a violation. Conviction of an
shall include the building in which the business is located, as attempt to commit a violation of any of the specified provisions
well as accessory structures and uses, including parking lots, shall be considered a conviction for a violation of the specified
and the land on which the building is located. The owner and provision.
operator of any business shall also be responsible to remove Section 131-9. Penalty Points
refuse and obstructions from the sidewalk in accordance with Points shall be assessed against the owner, operator and
the City Code, and to operate the business so that neither the business concurrently. The Commissioner of Community
business nor its patrons become a source of disruption to other Development shall have the discretion to modify or reduce the
building tenants or on the sidewalks, streets or other private penalty assessed an owner, operator or business upon an
property in the vicinity of the business. The lack of good order investigation which reveals that the interests of justice would be
shall include, but not be limited to, the following: best served by releasing the liability upon the owner, operator
(1) Suffering or permitting the premises to become disorderly, or
including suffering or permitting fighting or lewdness. business. Points assessed to a business shall remain with the
(2) Gambling. business despite any change in ownership or operation until
(3)Prostitution. such time as the nuisance abatement penalty period has
(4) Illegal possession, use, gift, sale, or offer for sale of expired or the Commissioner of Community Development has
alcoholic beverages. modified the penalty period.
(5) Illegal possession, use, gift, sale or offer for sale of Section 13 11O. Abatement of Nuisances
cigarettes or tobacco products. (1) In addition to the enforcement procedures established
(6) Food stamp or welfare fraud or criminal diversion of elsewhere, the Commissioner of Community Development,
prescription medications and prescriptions. after notice and opportunity for a hearing with respect to a
(7) Litter. public nuisance, shall:
(8) Possession, use, gift, sale, or offer for sale of illegal drugs (a) Stop the operation of the business or close of the building,
or drug paraphernalia. erection or place to the extent necessary to abate the nuisance;
(9) Noise Violations. or
(10) Possession of stolen property. (b) Suspend for a period not to exceed six (6) months or revoke
(11.) Operating beyond the legal hours of operation. for a period of one (1) year a Certificate of Operation issued for
(12) Illegal possession, use, gift, sale, or offer for sale of such premises, and prevent the operator from obtaining a new
dangerous weapons. Certificate of Operation for another location for the period of
(13) Unlawfully dealing with a child or allowing or permitting suspension or
sexual performances by a child. revocation; or
Section 131-8. Violations (c) Suspend for a period not to exceed six (6) months or revoke
(1) The following violations shall be assigned to a point value of for a Period of one (1) year any occupational license or permit
six (6) points: issued by the City related to the conduct of a business or trade
(a) Article 220 of the Penal Law - Controlled Substances at the premises, which suspension or revocation shall also
Offenses. apply to any other locations operated by the holder for which
(b)Article 221 of the Penal Law - Offenses involving Marihuana. the license or permit is required; or
(c) Article 225 of the Penal Law - Gambling Offenses. (d) Any combination of the above.
(d) Article 230 of the Penal Law - Prostitution Offenses. (2) Proceedings shall be commenced by service of the notice
(e) Sections 165.40, 165.45, 165.50, 165.52 and 165.54 of the and opportunity for a hearing within sixty (60) days after the
Penal Law Criminal Possession of Stolen Property. occurrence of the most recent violation cited in the notice.
(f) The Alcoholic Beverage Control Law. Section 13 1-11. Effective Date
(g) Article 265 of the Penal Law - Firearms and other This ordinance shall become effective June 1, 1998.
Dangerous Weapons. It is hereby certified, pursuant to Section 34 of the Charter, that
(h) Sections 260.20 and 260.21 of the Penal Law - Unlawfully the immediate passage of the foregoing ordinance is
Dealing with a Child. necessary.
(i) Article 263 of the Penal Law - Sexual Performance by a APPROVED AS TO FORM
Child. MICHAEL RISMAN
(j.)Section 415-a of the Vehicle and Traffic Law - Vehicle Corporation Counsel-
Dismantlers. PASSED
(k) Section 175.10 of the Penal Law - Falsifying Business AYES- 12 NOES- 0
Records. NO.242
(l.) Sections 170.65 and 170.70 of the Penal Law - Forgery of By. Ms. Gray
and Illegal possession of a Vehicle Identification Number. SALARYORDINANCEAMENDMENT
(m) Possession, use, sale, or offer for sale, of any alcoholic 40-DEPARTMENTOFPUBLICWORKS
beverage in violation of Article 18 of the Tax Law, or of any 1-DIVISIONOFENGINEERING
cigarette or tobacco products in violation of Article 20 of the 016DESIGN&PLANNINGOFCITYSTREETS
Tax Law. The Common Council of the City of Buffalo does ordain as
(n) Axticle 158 of the Penal Law - Welfare Fraud. follows:
(o) Article 178 of the Penal Law - Criminal Diversion of That part of Section 1 of Chapter 35 of the Ordinances of
Prescription Medications and Prescriptions. the City of Buffalo, relating to 40 - Department Of Public Works
(p) Section 147 of the Social Services Law - Food stamp 1 - Division Of Engineering 016 Design & Planning Of City
program fraud. Streets, is hereby amended with the addition:
(2) The following violations shall be assigned a point value of 1 Associate Engineer $ 44,961 - $ 53,201
four (4) points: 1 Senior Engineer $ 41,559 - $ 48,072
(a) State and local building, housing and property maintenance 1 Account Clerk - Typist $ 22,883 - $ 25,495
codes. IT IS HEREBY CERTIFIED, pursuant to Section 34 of the
(b) Operating a business during hours which the business is Charter, that the immediate passage of the foregoing ordinance
required to be closed. is necessary.
(c) Allowing persons on the premises in excess of occupancy WE, JOSEPH N. GIAMBRA, Commissioner of Public
limits. Works, and JAMES B. MILROY, Director of the Budget,
(3) The following violations shall be assigned a point value of hereby certify that the above change is necessary for the
three (3) points: proper conduct, administration and performance of essential
(a) Section 216-9 of the Code - Littering. services of that department. We recommend that the
(b) Chapter 293 of the Code - Noise. compensation for said position be fixed at the respective
amount set forth in the foregoing ordinance. NO.245
That a personnel requisition incident to the creation of the BY: Ms. Gray
above-mentioned position, containing a statement of the duties SALARYORDINANCEAMENDMENT
for such position, has been filed with the Municipal Civil 20-1DEPARTMENTOFPOLICE
Service Commission, and said Commission has approved and 001OFFICEOFTHEPOLICECOMMISSIONER
certified the position title set forth in the foregoing ordinance as The Common Council of the City of Buffalo does ordain
being the appropriate Civil Service title for the proposed as follows:
position. That part of Section I of Chapter 35 of the Ordinances of
ANTHONY MASIELLO,MAYOR the City of Buffalo, relating to 20 -1 - Department of Police 001
APPROVED AS TO FORM - Office Of The Police Commissioner, which reads:
MICHAEL B.RISMAN Commissioner of Police $ 86,135
CORPORATION COUNSEL 3 Deputy Commissioner of Police $ 75,218
PASSED 3 Chief $ 69,000
AYES-12, NOES-0 Is hereby amended to read effective July 1, 1996:
NO.243 1 Commissioner of Police $ 89,150
BY: Ms. Gray 3 Deputy Commissioner of Police $ 77,851
SALARYORDINANCEAMENDMENT 3 Chief $ 71,415
50DEPARTMENTOFHUMANSERVICES,PARKS&And further, is amended to read effective July 1, 1997:
RECREATION 1 Commissioner of Police $ 92,270
1-DIVISIONOFPARKS 3 Deputy Commissioner of Police $ 80,575
011-PARKDISTRICTGOLFCOURSES&GARDENS 3 Chief $ 73,915
The Common Council of the City of Buffalo does ordain as WE, R. GIL KERLIKOWSKE, Commissioner of
follows: Police, and JAMES B. MILROY, Director of the Budget, hereby
That part of Section 1 of Chapter 35 of the Ordinances of the certify that the above change is necessary for the proper
City of Buffalo, relating to 50 Department Of Human Services, conduct, administration and performance of essential services
Parks & Recreation - 1 - Division Of Parks 011 Park District of that department. We recommend that the compensation for
Golf Courses & Gardens, which reads: said position be fixed at the respective amount set forth in the
3 Park Supervisor I $ 26,849 - $ 30,633 foregoing ordinance.
Is hereby amended to read: We, Anthony M. Masiello Mayor and Joel A. Giambra,
1 Park Superintendent $ 29,455 - $ 34,102 Comptroller, pursuant to Sections 453 and 454 of the Charter
3 Park Supervisor I $ 29,045 - $ 33,576 of the considering the determination of the public arbitration
IT IS HEREBY CERTIFIED, pursuant to Section 34 of the panel and contingent upon prior of concurrent action to provide
Charter, that the immediate passage of the foregoing ordinance and authorize funding thereof, the interests of the City Will be
is necessary. subserved by the increase in compensation provided for the
WE, DANIEL T. DURAWA, Commissioner of Human positions set forth in the foregoing ordinance.
Services, Parks and Recreation, and JAMES B. MILROY, ANTHONY MASIELLO,MAYOR
Director of the Budget, hereby certify that the above change is JOEL A. GIAMBRA,COMPTROLLER
necessary for the proper conduct, administration and APPROVED AS TO FORM
performance of essential services of that department. We MICHAEL RISMAN
recommend that the compensation for said position be fixed at CORPORATION COUNSEL
the respective amount set forth in the foregoing ordinance. REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
BY: MS.GRAY
We, Anthony M. Masiello, Mayor and Joel A. Giarnbra, NO.246
Comptroller, pursuant to Section 454 of the Charter of the City By: Ms. Gray
of Buffalo hereby certify the interests of the City will be TRAILBLAZINGSIGNAGEFORMICHIGANAVENUEAS
subserved by the increase in compensation provided for the "HARRIETTUBMANWAY"
positions set forth in the foregoing ordinance. Whereas: A proposal has been presented to the Common
ANTHONYMASIELLO,MAYOR Council requesting the renaming of the entire length of
APPROVEDASTOFORM Michigan Avenue to Harriet Tubman Way, which would
MICHAELRISMAN nationally identify the area as part of the route of the
CORPORATIONCOUNSEL Underground Railroad; and
PASSED Whereas: Local community groups and residents of
AYES-12,NOES-0 Michigan Avenue, both in favor of this proposal or opposed to
NO.244 it, have appeared before the Common Council at a public
BY: Ms. Gray hearing stating support or opposition to the proposed renaming;
SALARYORDINANCEAMENDMENT and
06-4DEPARTMENTOFADMINISTRATION&FINANCE Whereas: In the past, the United States Postal Service and
022PARKINGVIOLATIONSBUREAU various departments that provide emergency services to
The Common Council of the City of Buffalo does ordain as residents of the City of Buffalo have been in strong opposition
follows: of any street name changes; and
That part of Section I of Chapter 35 of the Ordinances of the Whereas: A compromise must be reached which will satisfy
City of Buffalo, relating to 06 - 4 Department Of Administration all parties, and make it safe and convenient for emergency
& Finance 022 Parking Violations Bureau, is hereby amended vehicles and others trying to locate addresses along this street;
with the addition: and
Paralegal Assistant $ 30, 026 - -$ 34,861 Whereas: One compromise to the situation would be to
IT IS HEREBY CERTIFIED, pursuant to Section 34 of the designate the street as "Harriet Tubman Way" without formally
Charter, that the immediate passage of the foregoing ordinance changing the name of Michigan Avenue. This can be
is necessary. accomplished by installing trailblazing signage beneath existing
WE, EVA M. HASSETT, Commissioner of Administration Michigan Avenue signage;
& Finance, and JAMES B. MILROY, Director of the Budget, Now, Therefore, Be It Resolved:
hereby certify that the above change is necessary for the That the Common Council requests the Department of Public
proper conduct, administration and performance of essential Works to install trailblazing signs that read "Harriet Tubman
services of that department. We recommend that the Way" beneath the existing Michigan Avenue signs.
compensation for said position be fixed at the respective REFERRED TO THE COMMITTEE ON FINANCE.
amount set forth in the foregoing ordinance.
That a personnel requisition incident to the creation of the NO.247
above-mentioned position, containing a statement of the duties By: Mr. Helfer
for such position, has been filed with the Municipal Civil ERECTBANNERSONLIGHTPOSTSALONGBAILEYAND
Service Commission, and said Commission has approved and KENSINGTONAVENUES-BADMA
certified the position title set forth in the foregoing ordinance as Whereas: The Bailey Amherst Management District
being the appropriate Civil Service title for the proposed Association (BADMA) is sponsoring the purchase and
position. installation of banners on the light posts in attempt to promote
APPROVED AS TO FORM the businesses in the area- and
MICHAEL RISMAN Whereas: The Bailey Amherst Management District
CORPORATION COUNSEL Association (BADMA) has requested permission to hang
PASSED banners from the light posts along the Management District on
AYES-12, NOES-0 Bailey and Kensington Avenues-, and
Whereas: The banners, which are being designed locally by completion of a satisfactory emergency medical technician
the Ace Flag Company, will be in the form of double flag course.] The licensed ambulance business shall assure all
banners, similar to the banners along Main Street; ambulances utilized in the ambulance business meet all
Now, Therefore, Be It Resolved: applicable regulations and requirements of New York State and
That this Common Council grants permission to the Bailey the municipality.
Amherst Management District Association to hang banners § 72-5. Application for [drivers and attendant's]
pursuant to the conditions set forth by the Commissioner of Emergency Medical Technician's License.
Public Works and the Corporation Counsel. Applications for licenses for [drivers and attendants]
PASSED Emergency Medical Technicians shall be made upon forms to
AYES-12, NOES-0 be provided by the Director of [Housing and Inspections]
NO.248 Inspections, Licenses and Permits and shall contain such
By: Mrs. LoTempio information as the Director of [Housing and Inspections]
RE:ORDINANCEAMENDMENT Inspections. Licenses and Permits and Board of Emergency
CHAPTER72-AMBULANCESANDAMBULANCEMedical Services shall deem reasonably necessary, in addition
DRIVERS to meeting the following requirements and qualifications:
The Common Council of the City of Buffalo does hereby ordain A. Each applicant for a license as an Emergency
as follows: Medical Technician shall submit a letter of approval from the
That Chapter 72 of the Code of the City of Buffalo be amended Commissioner of Police and shall submit a current certificate of
to read as follows: completion of an emergency medical technician course
§ 72-1. Definitions. approved by the Commissioner of Health.
As used in this chapter, the following terms shall have the B. Upon being satisfied that Emergency Medical
meanings indicated: Technician meets the requirements of this chapter, the
ADI Commissioner of Health to whom the application shall be
AMBULANCE -- Any vehicle equipped for the care of and used referred shall recommend approval of such application.
in the transportation of wounded, sick, injured or infirm people. C. Provisional approval of such application may be
PERSON -- Any individual, firm, partnership, association, issued for sixty (60) days if, in the discretion of the
corporation, company or any organization of any kind. Commissioner of Health, additional time is required for
§ 72-2. Exemptions. completion of a satisfactory emergency medical technician
A. Exemptions from the provisions of this chapter shall course.]
be: § 72-6. Emergency Medical Services Board.
(1) Ambulances owned and/or exclusively controlled by A. Board. The Mayor shall appoint an Emergency
any federal, state, county or other Medical Services Board to consist of at least six (6) members
governmental agency. and not more than ten (10) members. each of whom shall serve
(2) Private vehicles used in the transportation of the for a term of three (3) years without compensation. The Mayor
convalescent from hospital to home or from home to outpatient shall designate and appoint one (1) of the members of said
clinics. Board as Chairman thereof, who shall be removable at the
(3) Private vehicles used in the transportation of the pleasure of the Mayor. One (1) member of said Board shall be
infirm or crippled to and from places for rehabilitory therapy. the Director of the Erie County Health Department Bureau of
(4) A physician, resident intern and registered nurse. Emergency Medical Service or such other representative as the
B. A volunteer ambulance operating on a college or Erie County Commissioner of Health may designate.
university campus for the sole purpose of providing service to B. Qualifications. The members of the Board shall be
the members of said academic community shall be exempt persons possessing qualifications satisfactory to the Mayor.
from: C. Powers and duties. The Board shall:
(1) The license fee for drivers and attendants. 1) Meet on the first Thursday by each month or such
(2) That provision of § 72-3 requiring two (2) licensed other time as may be designated by the Chairman of the Board.
ambulance attendants on the ambulance.(The ambulance may (a) A member of the Board who fails to attend three (3)
operate with one (1) emergency medical technician, according consecutive monthly meetings, without being excused by the
to New York State Public Health Law, Article 30A.) Board Chairman or the Secretary of the Board prior to a
§ 72-3. Ambulance license required. scheduled meeting, may be dismissed by the Mayor.
On and after the first day of April 1960, no person shall engage (2) Advise, consult with and recommend to the Mayor
in the ambulance service business of transporting patients and the Common Council all matters concerning ambulance
from a location within the city to any other location without first service, administration of this chapter and any amendments
obtaining a license from the Director of [Housing and thereto which it may deem necessary and advisable.
Inspections] (3) Advise and inform the public concerning any
Permits of the City of Buffalo. Such licensed ambulance shall practices in connection with ambulance service which it may
be operated [by a licensed chauffeur who shall be] consistent consider harmful to the persons in need thereof
with the provisions of New York State Public Health Law Article (4) Examine and determine the fitness and qualifications
30,sections 3005 and 3005A and New York Codes RulesAnd of applicants for licenses, using as criteria therefor the
Regulations, 10 NYCRR Part 800, information contained in the application and such other or
qualified as an Emergency Medical Technician and shall be additional proof attached thereto, together with such proof or
accompanied by an additional licensed Emergency Medical evidence as the Board may acquire by its own study,
Technician as hereinafter provided. examination or investigation, and thereafter, in its certification,
§ 72-4. Application for ambulance business license. recommend to the Director of [Housing and Inspections]
An application for an ambulance license shall be made by the Inspections Licenses and Permits whether or not a license
person desiring the same to the Director of [Housing and shall be issued to the applicant.
Inspections] Inspections, Licenses and Permits on forms (5) Grant, upon written request accompanying the
provided. [by him]. Such application shall state the designated application of the applicant, a hearing on said application or, if
stations or hospitals or such other place or places from which it the application is denied without a hearing being requested,
is intended or desired to operate such ambulance on a twenty-grant a hearing on said denial, provided that said hearing is
four-hour basis, together with a description of the ambulance demanded in writing within fifteen (I 5) days after denial of the
and such other information as the Director of [Housing and application by the Board.
Inspections] Inspections. Licenses and Permits,. and the (6) Hear and determine any and all matters relating to
Board of Emergency Medical Services shall find reasonably the revocation or suspension of licenses and certify its findings
necessary. Applicants must duly verify that each ambulance to the Director of [Housing and Inspections] Inspections,
has been inspected by the Commissioner of Health; certifying Licenses and Permits. However, a license may be temporarily
that each ambulance meets the requirements of this chapter, suspended without a hearing for a period not in excess of ten
pertinent state laws, city ordinances and the applicable sanitary (10) days upon notice to the licensee following a finding by the
codes. Board that the public health, safety or welfare is in imminent
A. Each applicant for [a]an ambulance business license danger.
[as an attendant] shall submit a letter of approval from the (7) Adopt such rules and regulations as may be
Commissioner of Police and shall submit a current original necessary to carry out the purposes of this chapter and for the
operating certificate [of completion of an emergency medical conduct of its duties, including but not limited to:
technician course approved by the Commissioner of Health] (a) Establish[ing for each applicant an equitable and
from the New York State Department of Health. preferential ambulance] zones of operation within the city
B. [Provisional approval of such application may be boundary lines, using as criteria the [proximity to a hospital]
issued for sixty (60) days if, in the discretion of the responsiveness to emergency calls, the population [and
Commissioner of Health, additional time is required for accident] and rescue call experience, [in the zone] and listing
thereon the order of priority of the service so that [the Buffalo Comptroller. Such policy, or a duly certified copy thereof, or an
Ambulance Dispatch] ADI can, when ambulance service is appropriate certificate of insurance, approved as to form by the
needed, dispatch in order of said priority, provided that the Corporation Counsel and as to sufficiency by the Comptroller,
ambulance or ambulances are not otherwise in service. shall be delivered to the Director of [Housing and Inspections]
(b) Extending, modifying, restricting or changing the Inspections, Licenses and Permits before or at the time of
boundary lines of [the] an assigned ambulance zone of issuance of a license. No ambulance shall be operated within
operation as may from time to time be deemed necessary. the City of Buffalo unless such public liability insurance policy
(c) Providing for the location and staffing of a central continues in good standing. In the event of any material
control office so that all complaints for ambulance service can alteration or cancellation of any policy, at least ten (10) days'
be recorded and forthwith forwarded to the Board for its study, notice thereof shall be given to the Director of [Housing and
review and attention. Inspections] Inspections, Licenses and Permits, City Hall,
(d) Coordinating and establishing ambulance charges Buffalo, New York 14202.
for patients transported from a location within the city to any § 72-11. Responsibilities of ambulance business owner.
other location and requiring ambulance owners to submit, with The owner of an ambulance business to whom a license has
the application for a license, the rates to be charged for said been issued by the provisions hereof shall be under duty and
service in the city and the rates charged for said service when obligation to:
rendered outside the boundaries of the city. A. Coordinate the ambulance radios or other
(e) Requiring the owner or operator of an ambulance communication radios with the facilities provided by the [Buffalo
dispatched by [the Buffalo Ambulance Dispatch] ADI to Ambulance Dispatch] ADI and County of Erie Medical
forthwith report the results thereof. Emergency Radio System (MERS).
(f) Requiring the owners of ambulance[s] businesses to B. [Designate stations for ambulance service,
maintain [a daily record] of all [calls serviced] records as preferably at a hospital where such service can be
required by New York State and the Emergency Medical reached at all times.] Develop and implement an emergency
Services Board. response management plan and file said plan annually with the
These records shall be made available upon the request of the Emergency Services Board. Any changes to the plan must be
Emergency Medical Services Board within twenty-four (24) filed with the Emergency Services Board.
hours of said request. C. Give prior notice to [the Buffalo Ambulance
(g) Evaluate on an ongoing, regular basis the quality and Dispatch] ADI when and why an ambulance is out of service.
effectiveness of services. [D. Notify the Buffalo Ambulance Dispatch of all calls for
§72-7. Issuance, term and revocation or suspension of ambulance service received directly at a hospital, whether in or
ambulance business license. out of the designated zone.]
A. The Director of [Housing and Inspections] D.[E.] Inform [the Buffalo Ambulance Dispatch] ADI whether or
Inspections, Licenses and Permits shall, upon the approval of not any ambulance enroute to or returning from a call can
the Board of Emergency Medical Services, issue such license render service at the scene of the accident or, in lieu thereof,
upon the payment of the required fee. request the dispatching of other ambulances thereto.
B. Each such license shall expire on December 31 of E[F.] Notify the [Coordinator of Ambulances] Emergency
the year for which it is issued. Medical Services Board when a particular ambulance is
C. At any time after a license has been issued, the replaced and, if replaced, provide the Director of [Housing and
Commissioner of Health may make or cause to Inspections] Inspections, Licenses and Permits with all the
be made farther inspections; and if any ambulance is found by required information to determine if said ambulance complies
him to be in violation of this chapter, the Commissioner of with the requirements of this chapter.
Health may recommend to the Board of Emergency Medical § 72-12. Responsibilities of [driver and attendant]
Services that proceedings be instituted to revoke or suspend Emergency Medical Technicians.
such license. [A. Ambulance drivers and attendants shall comply with the
§ 72-8. Issuance, term and revocation or suspension of request of the patient and/or relatives for removal to a hospital
[driver's and attendant's] Emergency Medical of their choice within a reasonable distance, provided that, in
Technician's license. their judgment, the condition of the patient will withstand extra
A. With the approval of the Board of Emergency travel. No person in charge of an ambulance shall refuse to
Medical Services and the Commissioner of Police, the Director take a wounded or ill or infirm or injured person to a hospital
of [Housing and Inspections] Inspections, Licenses and after the need for hospitalization has been determined by a
Permits shall issue such [drivers' and attendants'] Emergency physician or if made at the request of the Police or Fire
Medical Technician's licenses upon payment of the required Department. When a person is found ill or wounded or infirm
license fees. or injured in the street or any public place, however seriously,
B. Each such license shall expire on December 31 of he shall not be left in such location but shall be removed to a
the year for which it was issued. hospital.]
C. After such license has been issued, if it is found that A[B. Ambulance drivers and attendants] Emergency Medical
the licensee is violating any of the terms of this chapter, the Technicians shall:
Commissioner of Health may recommend to the Board of (1) When they arrive at the scene of an accident or
Emergency Medical Services that proceedings be instituted to disaster, notify [the Buffalo Ambulance Dispatch] ADI whether
revoke or suspend such license. or not they are in need of additional ambulances and
§ 72-9. Payment of license fees. emergency medical [attention] services.
A. The fee for an ambulance license shall be as (2) Take the injured person or the person in need of
provided in Chapter 175, Fees, payable biennially to the hospital services to the nearest hospital able to meet the
Director of [Housing and Inspections] Inspections, Licenses person's needs, [in the zone, unless the patient or relative
and Permits in advance. Separate licenses shall be required directs otherwise, and advise the Buffalo Ambulance Dispatch
biennially for each ambulance operated, and they shall not be as to the seriousness of the injury or ailment and whether or not
transferable, except that a license issued for any vehicle the person is alive or dead.] consistent with service guidelines
belonging to the same licensee shall be transferred to another including regional emergency medical services protocols,
vehicle upon application therefor, duly verified and showing that medical direction and patient choice.
the vehicle previously licensed is no longer to be used for the (3) No person in charge of an ambulance shall refuse to
purpose herein contemplated. take a wounded or ill or infirm or injured person to a hospital
B. The fee for an [ambulance driver or attendant, other after the need for hospitalization has been determined or if
than a physician or hospital intern] Emergency Medical made at the request of the Police or Fire Department. When a
Technician shall be as provided in Chapter 175, Fees, payable person is found ill or wounded or infirm or injured in the street
biennially to the Director of [Housing and Inspections] or any public place,however seriously, he shall not be left in
Inspections, Licenses and-Permits in advance. such location but shall be removed to a hospital.
§ 72-10. Insurance. B. [C.] Not cruise in the Buffalo streets except in an
All persons who shall operate a licensed ambulance on the emergency declared by the Buffalo Police Department.
streets of the City of Buffalo shall procure a public liability §72-13. Equipment and supplies.
policy, to be issued by an insurance company authorized to do [A. All sheets, pillowcases and towels used in the care of a
business in the State of New York, to provide liability coverage patient in any such ambulance shall be replaced with clean
of at [least one hundred thousand dollars ($1 00,000.) for the sheets, pillowcases and towels after each time such
injury or death of any one (1) person and three hundred ambulance is used for the transportation of wounded, sick,
thousand dollars ($300,000.) for the injury or death of any injured or infirm persons, and all blankets used in such
umber of persons in any one (1) accident with a coverage of at ambulance shall be thoroughly laundered according to
least ten thousand ($ 10,000.) for property damage in any one procedures established by the Commissioner of Health.]
(1) accident]. levels determined from time to time by the [B. Oxygen apparatus face masks shall not be used by more
than one (1) person and must be destroyed after such use.] NO.250
[C. After any such ambulance shall have been used for the By: Mrs. LoTempio, Ms.Gray, Messrs. Coppola Manley
transportation of any person or persons known to have an Franczyk and Fontana
infectious disease, such ambulance and contents shall SUPPORTOFTHENATIONALASSOCIATIONOF
immediately be cleaned in a manner approved by the BROADCASTINGEMPLOYEESANDTECHNICIANSIN
Commissioner of Health, and such ambulance shall not again BOYCOTTINGWGRZ-TVCHANNEL2
be used until it has been so cleaned. Each ambulance shall be Whereas: The City of Buffalo Common Council has
cleaned with a disinfectant solution daily according to a long-standing tradition of supporting the working families of
procedures established by the Commissioner of Health.] its community; and
[D.] A. All ambulances on the streets in the City of Buffalo shall Whereas: This Common Council supports the
be [permanently] equipped [with a first-aid kit, together with National Association of Broadcasting Employees and
sufficient arm, leg and back splints to properly handle and Technicians - CWA and its Local 25 in requesting that the
transport emergency cases having such injuries. The first-aid Gannett Association, owner of WGRZ-TV Channel 2, negotiate
kit required shall be prescribed by the Commissioner of in earnest to arrive at a new contract for its members working at
Health.]and contained consistent with the requirements of Part the station; and
800 of NYCRR, sections 800.21 - 800.26 Whereas: Gannett Broadcasting has proposed new conditions
§ 72-14. Grounds for suspension or revocation of of employment that do not meet area standards; and
license. Whereas: The proposed conditions include:
A. The license of an ambulance business licensee may * the elimination of job jurisdiction protection (by seeking to
be suspended or revoked for any of the following causes: have people not in the collective bargaining unit perform the
(1) Failure to comply with the provisions of this chapter or the work of the union members) replacing production assistance
rules and regulations of the Board of Emergency Medical with automated equipment without opportunity for retraining and
Services. job preservation;
(2) Solicitation of business for attorneys or tow truck * restricting staff members from outside employment;
companies. * eliminating union security and dues deduction provisions;
(3) Removal and retention of property, money or other assets * eliminating wage scales;
belonging to a patient. * reduction of vacation benefits;
(4) Unbecoming conduct and abusive language in rendering * eliminating seniority provisions that cover job assignment,
ambulance service. shift selection, and leave scheduling; and
(5) Unprovoked assaults in the discharge of duties. Whereas: The National Association of Broadcasting
(6) [Excessive] On duty use of alcohol and/or illegal or non-Employees and Technicians - CWA has filed unfair labor
prescribed drugs. practice charges with the National Labor Relations Board
(7) Conviction of a crime involving moral turpitude. against Gannett Broadcasting because of its coercion,
B. The license of [a driver or attendant] an Emergency harassment, and discrimination against Union bargaining
Technician may be suspended or revoked for any of the committee members; and
following causes: Whereas: Gannett Broadcasting has turned its back on the
(1) Failure to comply with the provisions of this chapter or the community by:
rules and regulations of the Board of Emergency Medical * reneging on its promise to fund a housing rehabilitation
Services. project in South Buffalo, which would have effectively
(2) Solicitation of business for attorneys or tow truck eliminated the project, but for the aid of several labor unions;
companies. * eliminating much of its religious programming;
(3) Removal and retention of property, money or other assets * eliminating local coverage of the Jerry Lewis Telethon; and
belonging to a patient. Whereas: Greater Buffalo AFL-CIO Council has asked area
(4) Unbecoming conduct and abusive language in rendering families to boycott WGRZ-TV Channel 2; and
ambulance service. Whereas: Gannett Broadcasting, which owns 91 daily
(5) Unprovoked assaults in the discharge of duties. newspapers, including the nationally distributed USA Today, 20
(6) [Excessive] On duty use of alcohol and/or illegal or non-television stations and 13 radio stations, has taken a "hard
prescribed drugs. stance" on labor reporting; and
(7) Conviction of a crime involving moral turpitude. Whereas: Gannett Broadcasting, based in Virginia, a state that
It is hereby certified, pursuant to Section 34 of the Charter, that does not recognize union security, has a long history of hostility
the immediate passage of the foregoing ordinance is in its relationship with the labor movement, including the bitter
necessary. lockout of thousands of employees at one of its 91 daily
APPROVED AS TO FORM newspapers, the Detroit Free Press; and
MICHAEL RISMAN Whereas: The National Association of Broadcasting
CORPORATION COUNSEL Employees and Technicians and its Local 25 has had a
NOTE: MATTER IN BRACKETS[ ] TO BE DELETED; cooperative relationship with local management of WGRZ-TV
MATTER UNDERLINED IS NEW. Channel 2 prior to Gannett Broadcasting's buy-out of that
REFERRED TO THE COMMITTEE ON LEGISLATION, station; and
EMERGENCY MEDICAL SERVICES BOARD, AND Whereas: In the February 6, 1998 edition of the Buffalo
HEALTH CARE DELIVERY SERVICE. Alternative Press, Robert Mancuso, Chief Steward of Local 25,
said "If Gannett, which has a track record of being anti-worker,
NO.249 was truly serious about negotiating a fair and equitable
By: Mrs. LoTempio contract, we would be sitting down right now to get it done;"
HOMERULEMESSAGE-S.6110;A.9136:SALEOFNow, Therefore, Be It Resolved:
BONDSANDNOTESBYCITYOFBUFFALO That the Buffalo Common Council stands with the community
Whereas: There has been introduced in the New York State in support of the National Association of Broadcasting
Legislature Senate Bill S. 61 10 and Assembly Bill A. 9136, Employees and Technicians and its Local 25 in its boycott of
"An act to amend local finance law, in relation to the sale of WGRZ-TV Channel 2, and goes on record in support of their
bonds and notes of the City of Buffalo"; and struggle to achieve justice in the work place.
Whereas: The purpose of this Bill is to extend for one year a ADOPTED
funding mechanism used by the city for projects requiring AYES-11, NOES-1
immediate attention; and NO.251
Whereas: This Act amends Section 54.30 of the Local By: Mrs. LoTempio
Finance Law to extend the provisions of this section from June SUPPORTPILOTPROGRAMFORCASINOGAMBLINGIN
30, 1998 to June 30, 1999; DOWNTOWNBUFFALO
Now, Therefore, Be It Resolved: Whereas: The City of Buffalo is striving to discover ways to
That the City of Buffalo hereby requests the enactment into law revive its economically distressed downtown; and
of Senate Bill S. 61 1 0 and Assembly Bill A. 913 6, "An Act to Whereas: Casino gambling has undergone a renaissance in
amend local finance law, in relation to the sale of bonds and many cities across North America as a means for economically
notes of the City of Buffalo"; and deprived areas to enhance tourism and initiate economic
Be It Further Resolved: development in their respective areas, in addition to increasing
That the City Clerk is hereby authorized and directed to certify revenue growth for local governments; and
passage of this resolution and to send copies thereof to the Whereas: Casino Niagara, the temporary casino located in
Home Rule Counsel of the Senate and the Assembly and to the Niagara Falls, Ontario, has achieved significant financial
members of the Western New York delegation of the State rewards as a result of its status as the region's sole casino
Legislature. operation, attracting close to 20,000 local residents as well as
ADOPTED tourists on a daily basis; and
Whereas: A recent study has indicated that 70% of the recommendations that Erie County make a payment of
individuals that visit Casino Niagara are from the United States $232,058 to the City of Buffalo in the form of a Snow Removal
and live within a 90 mile radius of the City of Buffalo; and Grant, a payment of $840,000 to the City of Buffalo in the form
Whereas: Casino Niagara's first year of operation rendered of a Road Maintenance Grant, and a payment of $600,000 to
close to $500 million (Canadian), becoming the most fund demolition along the city-suburban border; and
successful first year casino operation in the history of the Whereas: The aforementioned funds were included in the
Province of Ontario and the largest grossing casino in North City of Buffalo's 1997-1998 budget and have already been
America for 1997; and approved by the Erie County Legislature;
Whereas: For several years, it has been suggested that the Now, Therefore, Be It Resolved:
establishment of casino gambling operations in downtown That this Honorable Body accepts the following payments
Buffalo would be a significant step toward increasing tourism from Erie County to the City of Buffalo:
and spearheading economic development; and $232, 058 - Snow Removal Grant $840,000 - Road
Whereas: Although opponents of casino gaming suggest that Maintenance Grant
the problems associated with legalized gambling far outweigh $600,000 - funding for demolitions along the city-suburban
the benefits, the fact is a casino is located within 20 miles of border; and
the heart of the Western New York region and is accelerating Be It Further Resolved:
the drain on our area economically; and That the City Clerk forward certified copies of this resolution
Whereas: Due to the City of Buffalo's location in relation to the to Erie County Executive Dennis Gorski, and the Chair, Majority
Province of Ontario, Casino Niagara and the soon to be in Leader, and Minority Leader of the Erie County Legislature.
operation Fort Erie casino, the social and financial ills PASSED
connected with casino gambling in our area are inevitable; and AYES-12, NOES-0
Whereas: Detroit, Michigan, a fellow Canadian bordering city, NO.253
is in the process of building three casinos in order to compete By: Mrs. LoTempio
with a casino located just minutes away in Windsor, Ontario; EXPLOREFEASIBILITYOFPERFORMINGDEMOLITIONS
and BYCITYDEPARTMENTS
Whereas: The Erie County Legislature recently proposed a Whereas: The methods, costs, and poor record of
pilot casino program in which Erie County and the City of reimbursement for demolition of privately-owned dilapidated
Buffalo would hold joint ownership of a casino located in structures has been a major concern of the Common Council
downtown Buffalo, with revenue sharing agreements between for many years; and
the state, the county, and the city; and Whereas: Recently, the number of emergency demolitions of
Whereas: The pilot casino program would allow local officials privately-owned structures has skyrocketed, causing much
to determine the effectiveness of casino gambling as an debate over the bid process, selection of contractors,
attraction for tourists, conventioneers, and other visitors to exorbitantly high charges, quality of work, and charges for work
Buffalo and Western New York and as a stimulus for economic performed on emergency demolitions; and
development; and Whereas: though money is set aside annually for demolitions
Whereas: There is a debate relative to the legality of such a in both the city budget and the Community Development Block
proposal, and the possible need for an amendment to the New Grant Program, collection of money from property owners for
York State Constitution to authorize advancement of such a expenses incurred by the city in hiring contractors to perform
pilot project; and demolitions on private property has not been very successful;
Whereas: It is paramount that members of the Common and
Council and the Administration engage in dialogue with state Whereas: Combining city funds with CDBG funds to
and local officials to determine what steps must be taken in purchase equipment, train employees, and develop a demolition
order to move forward with such a pilot program; crew under the auspices of the city would eliminate the need to
Now Therefore Be It Resolved That hire outside contractors for every demolition performed on
This Honorable Body support the establishment of a pilot private or public property; and
program for a municipally owned casino in downtown Buffalo to Whereas: An aggressive and more successful program for
enhance economic development and tourism in the city and collecting demolition expenses from property owners would
throughout the region, and provide for increased revenue for serve to feed a revolving demolition fund, placing less burden
the City of Buffalo, Erie County and the State of New York; and on the city and CDBG budgets, and would finance the
Be It Further Resolved: continued operation of the demolition squad;
That the Council President contact the Chairman of the Erie Now, Therefore be it Resolved:
County Legislature's Economic Development Committee, the That the Budget Committee meet with the Department of
Honorable Michael A. Fitzpatrick, and determine the feasibility Administration and Finance, Corporation Counsel, Division of
of forming a joint committee with members representing the Collections, Department of Inspections, Department of
Common Council, the Masiello Administration, the Erie County Community Development, Department of Public Works,
Legislature, the Gorski Administration and officials from the Department of Street Sanitation, the Unions, and the Common
State of New York to discuss the pilot casino gambling Council to discuss the feasibility of establishing a city
program and what steps must be taken in order to initiate this demolition crew for demolishing both private and city-owned
concept; and structures; and
Be It Further Resolved: Be it Further Resolved:
That the Erie County Legislature's Economic Development That the Department of Administration and Finance,
Committee notify the City of Buffalo Council President of its Department of Inspections, and the Division of Collections
next meeting at which this item will be on the agenda; and prepare and file reports covering the last three fiscal years
Be It Finally Resolved: documenting the amount of money set aside for demolitions in
That the City Clerk send certified copies of this resolution to both the city budget and Community Development Block Grant
Governor George Pataki, the Western New York delegation of Program, the number of emergency and regular demolitions of
the New York State Legislature, Erie County Executive Dennis both privately-owned and city-owned structures, the amount
Gorski, Mayor Anthony Masiello, and to the members of the expended on each demolition, and the amount actually
Erie County Legislature. recouped, expected to be recouped, and the amount
Mrs. LoTempio Moved: considered to be uncollectible; and
That the second resolve be and the same hereby is adopted; Be it Finally Resolved:
and; That the Division of Collections explain the process for
That the remaining items be referred to the Committee on recovering public funds expended on demolitions, and project
Community Development. whether a higher percentage of funds could be recouped with a
ADOPTED. more aggressive approach for collections.
AYES-8, NOES-4 REFERRED TO THE COMMITTEE ON BUDGET,
NO.252 CORPORATION COUNSEL, COMMISSIONER OF
By: Mrs. LoTempio ADMINISTRATION AND FINANCE, COMPTROLLER,
ACCEPTFUNDSFROMERIECOUNTY COMMISSIONER OF COMMUNITY DEVELOPMENT,
Whereas: Representatives of both the City of Buffalo and COMMISSIONER OF PUBLIC WORKS, COMMISSIONER
Erie County, along with other public and private sector officials, OF POLICE AND ALL CREDIT UNIONS.
have served as members of the County Municipal NO.254
Consolidation Committee; and By: Rosemarie LoTempio
Whereas: This Committee has met on a regular basis to WAIVEPERMITFEE
develop, discuss, and resolve several items relevant to the Whereas: Habitat for Humanity has a stellar reputation as a
ongoing dialogue on regional issues; and not-for-profit housing organization; and
Whereas: In its report, the Committee included Whereas: Their volunteer workforce continues to rehab older
houses and build new ones; ever advancing their mission to CITYFIREPREVENTIONANDBUILDINGCODE
increase home ownership and property tax revenue for the City, Whereas: In 1981 New York State adopted the Uniform Fire
all the while strengthening our communities; and Prevention and Building Code Act, and required all
Whereas: Ninety-six cents of every dollar Habitat for Humanity municipalities to adopt the State code by 1984; and
spends is strictly directed to construction expenses; and Whereas: The Uniform Fire Prevention and Building Code Act
Whereas: City of Buffalo Permit Fees for 1998 will cost Habitat allows municipalities to adopt and enforce their own code
approximately $7500.00 as they start work on their next fifty provisions when those provisions are more stringent than the
houses; and State code and are approved as such by the State; and
Whereas: As a measure of partnership and commitment, Whereas: In 1985 the City of Buffalo applied to have its code
Habitat for Humanity has requested that the City waive all recognized and when the state requested further information,
permit fees for 1998; and the City dropped its effort and instead adopted the State code
Whereas: The City of Buffalo, especially this Common Council, in July of 1985; and
seeks to maintain and encourage such valuable partnerships Whereas: Unless there was further action taken on this issue,
by increasing our support to all causes aimed at strengthening it would appear that the City's building and fire prevention code
and revitalizing our City's neighborhoods; provisions are invalid and unenforceable;
Now, Therefore Be It Resolved That: Now, Therefore, Be It Resolved That:
This Common Council waive all 1998 housing and construction This Council requests the Law Department to research the
permit fees for Habitat for Humanity of Buffalo in order to validity of the building and fire prevention provisions of Buffalo's
promote the goal of increasing home ownership. Code and report its findings back to the Council; and
PASSED Be It Further Resolved That:
AYES-12, NOES-0 This Council requests the Corporation Counsel to consult with
NO. 255the Department of Community Development on the
By: Rosemarie LoTempioenforcement of the City's Code provisions related to buildings
Change To Tie Breaking Method Of Scoring On Civil and fire prevention.
Service ExamsREFERRED TO THE COMMITTEE ON LEGISLATION,
Whereas: The New York State Civil Service Commission has CORPORATION COUNSEL, AND COMMISSIONER OF
approved the City of Buffalo Civil Service Commission's COMMUNITY DEVELOPMENT.
request to change the tie breaking method for like scores on NO.258
open competitive and promotional civil service exams; and By: Mrs. Williams
Whereas: Effective December 16, 1997, rule 12, Section 6- PROPOSEDDEMOLITIONCODE
Placement on the eligible list- of the Rules of the Classified Whereas: In the past few weeks, request have been made of
Civil Service of the City of Buffalo has been amended as the Division of Inspections, Licenses and Permits to have
follows: demolition contractors to properly cordon off projects that they
"When two or more candidates receive the same tied final are currently working on; and
score in any examination, candidates shall be ranked in Whereas: Prior to the adoption of the New York State Uniform
accordance with such uniform impartial procedure as Fire Prevention & Building Code, the City of Buffalo Charter
prescribed by the Buffalo Civil Service Commission." and Ordinances contained code provisions regulating
Whereas: At the Civil Service Commission meeting held on demolition work. Upon adoption of the New York State Uniform
January 14, 1998, the Commission new tie Fire Prevention & Building Code, the demolition ordinance was
determined that the
not included; and
breaking method for like scores on open competitive and
Whereas: The issue of barricades is included in the Proposed
promotional civil service exams will be
Demolition Code; and
random order of the last four digits of the candidates social
Whereas: Understanding that every situation is different and
security number; and
the appropriate temporary fencing requires an inspector to
Whereas: Therefore, precedence on the eligible list will no
determine what is satisfactory, there should be a minimum
longer be based upon the date and time of filing an application
requirement of what type of fencing should be erected at a
for a civil service exam; and
construction or demolition site
Whereas: According to some employees of the Civil Service
Now, Therefore It Be Resolved:
Commission, this new method for like scores on exams was
The Common Council request that Department of Community
implemented to deter "long lines" and processing problems on
Development review the attached "Proposed Demolition Code"
the initial day of filing for specific exams; and
and submit any changes that need to be updated for final
Whereas: However, this new method of scoring will likely shift
approval, including a section that addresses the minimum
the above cited problems towards the deadline date for filing
requirement of what type of fencing should be erected at a
since there is no longer an incentive to file early for a civil
construction or demolition site; and
service exam; and
Be It Further Resolved:
Whereas: Specifically, this new scoring system will negatively
That upon complete review of the "Proposed Demolition Code,"
impact individuals taking the Buffalo Police and Fire
the Common Council will make an amendment to the City
Department exams considering their scores are placed in a
Charter to include a Demolition Code.
particular "band" and are taken from a list in sequential order;
REFERRED TO THE COMMITTEE ON LEGISLATION,
and
CORPORATION COUNSEL AND COMMISSIONER OF
Whereas: The Civil Service Commission implemented these
COMMUNITY DEVELOPMENT.
changes without informing the Common Council or public
notification;
NO.259
Now Therefore Be It Resolved That
By Mrs. Barbara Miller-Williams
This Honorable Body requests the members of the Civil
RESCINDGRASSCUTTINGCHARGESAT498MONROE
Service
STREET
Conunission be present at the next meeting of the Civil Service
Whereas: The city charged Mosco Hough owner of 498
Committee on Tuesday, February 24, 1998 to explain how this
Monroe Street for vacant lot
scoring method for like scores on civil service exams was
cutting at 502 Monroe Street in the amount of $52.50 and
determined; and
Whereas: Mr. Hough attests that he has always, for 20 years,
Be It Further Resolved:
maintained the up keep of the above stated property and has
That the City Clerk send certified copies of this resolution to the
never had the city come out and cut his
members of the Civil Service Commission, and all City Union
grass: and
Presidents.
Whereas: Mr. Hough has consistently tried to straighten out
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
this annual mistake with the Department of Street Sanitation,
AND CIVIL SERVICE COMMISSION.
yet to no avail.
Now, Therefore it be resolved
NO.256
That the Common Council approves the removal of $52.50 for
By: Mr. Pitts
grass cutting at 498 Monroe Street on the 1997-1998
COUNCILMEMBERWILLIAMSEXCUSEDFROM
Assessment Roll.
COUNCILMEETING
Be It Further Resolved that:
RESOLVED:
The Common Council request the Commissioner of
That Council Member Barbara Miller-Williams be and hereby is
Assessment to remove the charge from the Assessment Roll.
excused from attendance at the Common Council meeting of
REFERRED TO THE COMMITTEE ON FINANCE,
February 17, 1998 due to illness.
COMMISSIONER OF STREET SANITATION AND
ADOPTED.
COMMISSIONER OF ASSESSMENT.
NO.257
By: Mr. Quintana
NO.260 (NO.148,C.C.P.,FEB.3,1998)
By: Messrs. Zuchlewski & Brown Mrs. LoTempio moved that the above item be taken from the
BANNER-BENGAL5KRUNANDFITNESSWALK table.
Whereas: Buffalo State College is sponsoring a 5K Run and Seconded by Mr.Zuchlewski
Fitness Walk on Saturday, March 28, 1998, and CARRIED
Whereas: Proceeds from this run/walk will benefit the Alumni Mrs. LoTempio now moved that the above item be received and
Association Scholarship Fund at Buffalo State College, and filed. Seconded by Mr. Brown
Whereas: The college would like permission to install a street ADOPTED
banner to promote this run/walk, and NO.265
Whereas: They would like to have the banner installed at the BONDRES.-$400,000-KINGURBANLIFECTR.
end of February or early March, and (NO.198,C.C.P.,FEB.3,1998)
Whereas: The requested locality is on Elmwood at Bidwell from Mrs. LoTempio moved that the above item be taken from the
light pole #946 to the pole directly across the street which does table.
not have an ID number on it, and Seconded by Mr. Zuchlewski
Now, Therefore, Be it Resolved: CARRIED
That Buffalo State College is granted permission to hang this Mrs. LoTempio now moved the approval of the above item.
banner across Elmwood Avenue from late February/early Seconded by Mr. Brown
March until the first week of April, 1998. PASSED
Resolved, NO.266
That the Department of Public Works forward the specific rules L.L.INTRO.NO.2(1998)-QUALIFCOMM.GENERAL
and regulations for hanging a banner over a city right-of-way to SERVICES
Buffalo State College. (NO.213,C.C.P.,FEB.3,1998)
PASSED Mrs. LoTempio moved that the above item be taken from the
AYES-12,NOES-0 table. Seconded by Mr. Zuchlewski
NO.261 CARRIED
By Mr. Zuchlewski Mrs. LoTempio now moved the approval of the above item.
FELICITATIONS/INMEMORIAM Seconded by Mr. Brown
Attached hereto are Felicitation and In Memoriam PASSED
Resolutions sponsored by Members of the Common Council as NO.267
indicated: ANNOUNCEMENTOFCOMMITTEEMEETINGS
Felicitation for DR. HAROLD P. FREEMAN DAY, The following meetings are scheduled. All meetings are held in
FEBRUARY 121998 the Council Chambers, 13th floor,
,
City Hall, Buffalo, New York, unless otherwise noted.
By Councilmember PRESIDENT JAMES PITTS AND
Regular Committees
OTHERS
Felicitation for GRAVES DAY, FEBRUARY 6, 1998
Civil Service- Tuesday, February 24, 1998 at 9:30 A.M.
By Councilmember PRESIDENT JAMES PTTTS AND
Finance Tuesday, February 24, 1998 following Civil Service
ALFRED COPPOLA
Legislation Tuesday, February 24, 1998 at 2:00 P.M.
Felicitation for MARIETTA DURHAM MONROE 75th
Community Development Wed, Feb 25, 1998 at 10:00 A.M.
BIRTHDAY
Education Wed, Feb 25, 1998 at 2:00 P.M. in Room 1417.
By Councilmember PRESIDENT JAMES PITTS AND
Ancillary Meetings
CHARLES MICHAUX III
Special meeting on Police Reorganization, Wednesday,
Felicitation for GEORGE J, BURNS RETIREMENT,
February 18, 1998 at 11:00 o'clock A.M. in Council Chambers
FEBRUARY 17, 1998
Special meeting on Budget, Wednesday, February 18, 1998 at
By Councilmember JAMES PITTS AND CHARLES
2:00 o'clock P.M. in Room 1417.
MICHAUX III
Special meeting on Finance, Thursday, February 19, 1998 in
Felicitation for ALPHA KAPPA ALPHA SORORITY,
Room 1417 at 2:30 o'clock P.M.
FOUNDERS DAY LUNCHEON
Special Meeting on Claims, Wednesday, March 4, 1998 at 2:00
By Councilmember PRESIDENT JAMES PITTS AND
o'clock P.M. in Council Chambers.
CHARLES MICHAUX
Gretchen A. Pound
ADOPTED.
Council Reporter
NO.262
NO.268
By: Mr. Zuchlewski
ADJOURNMENT
APPOINTMENTS
On a motion by Mrs. LoTempio, Seconded by Ms. Kavanaugh
COMMISSIONEROFDEEDS
the Council adjourned at 4:20 P.M.
That the following persons are hereby appointed as
CHARLES L. MICHAUX, III
Commissioner of Deeds for the term ending December
CITY CLERK
31,1998 , conditional upon the person so appointed certifying
under oath to their qualifications and filing same with the City
Clerk:
Kathleen A. Vitagliano
Helene H. Kramer
John Shaw
Carolyn K. Brooks
NO.263
By: Mr. Zuchlewski
APPOINTMENTS
COMMISSIONEROFDEEDS
REQUIRED-PERFORMANCEOFPUBLICDUTIES
That the following persons are hereby appointed as
Commissioner of Deeds for the term ending December 31,
1998 , conditional upon the person so appointed certifying,
under oath, to their qualifications and filing same with the City
Clerk:
Bradford Pitts
James Maroney
Jacqueline Sullivan
Rose Hunter
Salvatore A. Valvo
Kathleen Paul
Patricia A.Kowal
Marilyn Diehl
UNFINISHEDBUSINESS
NO.264
CHG.NAME-MICHIGANAVE.TOHARRIETTUBMAN
WAY(HRG.HD.2/3)