HomeMy WebLinkAbout98-0303
No.(5)
COMMON COUNCIL
PROCEEDINGS
OF THE
CITY OF BUFFALO
(MARCH 3, 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,(MARCH3,1998) zone which permits such signs. Under SEQR the sign is
AT2:00P.M. considered a Type 2 action which does not require further
environmental review.
PRESENT - James W. Pitts President of the Council, The Planning Board voted to approve the proposed sign.
and and Council Members Brown, Coppola, Fontana, RECEIVED AND FILED
Franczyk, Gray, Helfer, Kavanaugh, LoTempio,Manley,
Pitts, Quintana and Zuchlewski - 12. NO.3
B.BRINKWORTH,REQUESTTOEXPANDAN
ABSENT - Williams EXISTINGRESTAURANTAT1487-1509HERTEL
AVENUE
On a motion by Mrs. LoTempio, seconded by ITEMNO.107,C.C.P.2/17/98
Mr.Fontana, the minutes of the stated meeting held on The City Planning Board, at its regular meeting held
(February 17, 1998) were approved. Tuesday, February 24, 1998, considered the matter captioned
above pursuant to Section 511-59 of the Buffalo Code--Hertel
FROMTHEMAYOR Avenue Special Zoning District.
The applicant seeks to expand his existing restaurant to an
FROM THE MAYOR adjacent vacant space to allow for a smoking section.
NO.1 The site is located in the Hertel Special Zoning District which
DEPARTMENTOFJUSTICELOCALLAW considers the expansion of eating and drinking places to be
: ENFORCEMENTBLOCKGRANT restricted uses requiring the approval of your Honorable Body.
As you are aware, the departments of Police and Community Under SEQR the proposed expansion is considered an
Development collaborated in applying for Local Law unlisted action which may be studied through uncoordinated
Enforcement Block Grant (LLEBG) monies through the review.
Department of Justice (DOJ). The total award of the grant is The Planning Board voted to approve the proposed expansion.
$1,528,149 with a DOJ required match of $169,625 CDBG RECEIVED AND FILED
funds.
The grant application was prepared according to the terms and NO.4
conditions established by the Department of Justice. As a BURA,REQUESTTOERECTABILLBOARDSIGN
requirement of this grant, meetings with an Advisory Board that AT289EXCHANGESTREET
was established specifically for this grant were held. Also, a ITEMNO.108,C.C.P.2/17/98
public hearing was held on January 27th. Of note, any The City Planning Board, at its regular meeting held
changes in the grant must conform to the terms and conditions Tuesday, February 24, . 1998, considered the matter captioned
established by the Department of Justice. above pursuant to Section 387-19 of the Buffalo Code--Review
The programs funded are a continuation of on going efforts to of Billboard Signs. The Planning Board voted to receive and
modernize our Police Department and enhance existing crime file this request since it was withdrawn by the applicant.
prevention activities. RECEIVED AND FILED
I look forward to your comments and support in fulfilling the
Justice Department's requirements so that we can put these NO.5
federal funds to use in further reducing criminal activities in our RONALDMCDONALDHOUSE,REQUESTTOERECTA
neighborhoods. GROUNDSIGNAT780W.FERRYSTREET
POLICE $896,000 The City Planning Board, at its regular meeting held
Refurbish Police Academy $250,000 Tuesday, February 24, 1998, considered the matter captioned
10 Marked police vehicles $240,000 above pursuant to Section 387-19 of the Buffalo Code--Review
20 Police radios $ 25,000 of Ground Signs.
13 mobile computer terminals (mct's) $ 85,000 The Planning Board voted to receive and file the proposed sign
36 PC's $115,000 since your Honorable Body has already approved the matter.
Training and mapping $ 40,000 RECEIVED AND FILED
Prosecutor $ 76,000
Intervention $ 35,000 NO.6
Domestic Violence Program $ 30,000 G.M.W.,INC.,REQUESTTOERECTABILLBOARD
SIGNAT363DINGENSSTREET
COMMUNITY SCHOOLS $150,000 ITEMNO.108,C.C.P.,3/3/97
Peer dispute mediation $ 11,100 The City Planning Board at its regular meeting held Tuesday,
Conflict resolution $ 26,700 February 24, 1998 considered the matter captioned above
substitute teacher for peer dispute mediation $ 8,400 pursuant to Section 387-19 of the Buffalo Code-Review of Non
multi-cultural drumming $ 32,150 Accessory Signs.
extended day care program $50,000 community schools The Planning Board voted to receive and file the proposed sign
summer program $ 21,650 since your Honorable Body has already denied the matter.
PARKS, RECREATION AND HUMAN $175,000 RECEIVED AND FILED
First Time Last Time Program $ 25,000
Juvenile mentoring program with PIC $ 25,613 FROMTHECOMPTROLLER
equipment program $ 5,000 NO.7
worksite development $ 19,387 INTERFUNDCASHLOAN
bike patrol $ 50,000 Certain Federal and State aided programs require a cash
C.O.U.R.T.S. Program $ 50,000 advance until the program is operating and reimbursement is
supplies $ 10,000 received.
salary $25,000 training & travel $ 15,000 I have reviewed the program listed below and determined the
COMMUNITY DEVELOPMENT $307,149 cash needs to be warranted. I have approved an interfund
Save Our Streets Program $140,000 cash loan to be made in the maximum amount of $798,000.00
Neighborhood Matching Fund $ 102,149 as needed subject to your approval. Loan is payable at date of
Inspections-2 way radios $5,000 BEDC: Downtown Security $ reimbursement.
60,000 FROM: 100 - General Fund
TOTAL $1,528,149 TO: 200 - Capital Projects Fund
ACCOUNT NO.: 200-717-532-00-000
FROMTHEMAYOR-EXECUTIVEDEPARTMENT GRANT TITLE: Scajaquada Pathway Phase 2
FROMTHECITYPLANNINGBOARD GRANT AGENCY: NYS Environmental Quality Bond Act
NO.2 GRANT AMOUNT: $1,007,500.00
ECIDA,REQUESTTOERECTAGROUNDSIGNAT LOAN AMOUNT: $798,000.00
2638DELAWAREAVENUE Estimated Date of Repayment: March 1999
Item No. 104, C.C.P. 2/17/98
Mrs. LoTempio moved:
That the above communication from the Comptroller dated
The City Planning Board, at its regular meeting held
February 18, 1998, be received and filed; and
Tuesday, February 24, 1998, considered the matter captioned
That the Comptroller be, and he hereby is authorized to make
above pursuant to Section 387-19 of the Buffalo Code--Review
an interfund cash loan from the General Fund to the City's
of Ground Signs.
Capital Projects Fund in the amount of $798,000.00 for the
The applicant seeks to erect an illuminated, Accessory, ground
Scajaquada Pathway Phase 2. The loan is payable at date of
sign measuring 5 feet by 8 feet (40 square feet) with an overall
reimbursement.
height of 8 feet. The proposed sign will be located in a CM
PASSED AYES- 12 NOES- 0 the same terms and conditions as the previous lease with the
following exceptions:
NO.8 1. That the annual rental be $23,726
CERTIFICATEOFNECESSITY 2. That the language of the lease be changed to extend the
TRANSFEROFFUNDS notice to the tenant to terminate from 15 days to 45 days.
Division of Budget and Management This item is still in the Committee on Finance for consideration.
Division of Buildings Penn Advertising has requested that their name on the lease
We, Anthony M. Masiello, Mayor and Joel A. Giambra, be changed from Penn Advertising to Lamar Outdoor
Comptroller, do hereby Certify, pursuant to Section 42 of the Advertising (their address shall remain the same).
Charter, that it is necessary that the sum of $75,000 be I am, therefore, requesting Your Honorable Body to authorize
transferred and reappropriated from the Division of Budget and the Law Department to reflect the name change when
Management, as set forth below: preparing their lease renewal, if and when it is approved by the
From: 200 Capital Project Fund Common Council.
061 - Division of Budget and Management REFERRED To THE COMMITTEE ON FINANCE
001 - Planning for Capital Projects $75,000
To: 200 Capital Project Fund NO.13
401 - Division of Engineering ACQUIRE166&170DARTFORPROPOSEDAUTO
568 - Consulting Engineer for the Main LaSalle IMPOUND
Roadway Infrastructure $75,000 The Department of Public Works has advised the
RECEIVED AND FILED Comptroller's Office, Division of Real Estate, to proceed with
negotiations to purchase 166 & 170 Dart for the new auto
NO.9 impound. The Department of Public Works felt that said
COMPREHENSIVEANNUALFINANCIALREPORT properties would be the most appropriate site in the City of
FORFISCALYEARENDEDJUNE30,1997 Buffalo.
This is to advise that copies of the Comprehensive Annual The properties located at 166 & 170 Dart are owned by Buffalo
Financial Report of the Comptroller of the City of Buffalo for the Core Realty, Inc. (Mr. Daniel Mele, President/Owner). The
fiscal year ending June 30, 1997 have been delivered to each property at 166 Dart is situated on a parcel of land 18'x 455',
Councilmember, the Common Council Chief of Staff, the City Irregular 516'New York State Rail Road, with a total assessed
Clerk, the Mayor and the Budget Office. Included therein is the valuation of $250,000. The parcel at 170 Dart is situated on a
Audit Report of Ernst & Young LLP. parcel of land 550'x 437', with a total assessment of $149,700.
This report is available as a public record for inspection by all Upon receipt of two independent appraisal reports performed
interested parties. October of 1996 and an updated appraisal performed in
Pursuant to Section 35 of the General Municipal Law, the January 1998 an offer was made in the amount of Seven
Common Council of the City of Buffalo may, at its discretion, Hundred Thirty-One Thousand Five Hundred Dollars
prepare a written response to the report of external audit and ($731,500). The City's offer was prepared in accordance with
file such response with the City Clerk as a public record for Eminent Domain Procedure Law and represents the highest
inspection by all interested parties not later than June 1, 1998. appraisal of the property received by the City.
REFERRED To COMMITTEE ON BUDGET After numerous letters and discussions with Mr. Mele, and his
attorneys, they have expressed his unwillingness to accept our
NO.10 offer. It is unlikely that an acceptable compromise will be
REPORTOFAUDIT reached with the owner of the property and/or his
DEPARTMENTOFPUBLICWORKS representative.
DIVISIONOFBUILDINGS Therefore, I am recommending that the Common Council now
In response to the directive requiring the Comptroller to file consider authorizing the Corporation Counsel to proceed with
audit reports with the Common Council, I hereby submit copies the acquisition of 166 & 170 Dart Street through Eminent
of the Department of Public Works, Division of Buildings, audit Domain Procedure Law.
report for the period July 1, 1989 to June 30, 1997. REFERRED TO THE COMMITTEE ON FINANCE AND
Additional Room to be Added to Lease Agreement Between CORPORATION COUNSEL
the City of Buffalo and St. Ambrose School
REFERRED TO THE COMMITTEE ON FINANCE AND NO.14
COMMISSIONER OF PUBLIC WORKS ALTERNATESITESFORDISTRICTPOLICESTATION
ONMAINSTREET
NO.11 The Comptroller's Office, Division of Real Estate has reviewed
ADDITIONALROOMTOBEADDEDTOLEASEthe possibility of acquiring one of the two suggested alternate
AGREEMENTBETWEENTHECITYOFBUFFALOANDST.sites for the 'B' District Police Station on Main Street.
AMBROSESCHOOL Mr. Sheldon Berlow of Berlow Real Estate has advised this
ITEMNO.15,C.C.P,.1/20/98 office that the alternate site located on the southwest corner of
In Item No. 15, C.C.P. 1/20/98 Your Honorable Body Main and Edward, has an asking price of Six Hundred Seventy-
approved to renew the lease agreement between the City of Five Thousand Dollars ($675,000) and approximately One
Buffalo and St. Ambrose School for use of a portion of former Hundred Fifty Thousand Dollars ($150,000) in costs to
School #29, Rooms 225, 226 & 236 for the period of March 1, demolish the remaining improvements.
1998 through February 29, 2000. After discussion with Commissioner Kerlikowske, the second
This office has received a request from St. Ambrose School for site bound by Elm, Genesee and Oak, causes safety concerns
permission to use an additional room in former School #29, (ingress and egress) due to the fact that the parcel is
Room #237 for educational purposes. I am, therefore, immediately adjacent to the entry and exit of the Kensington
requesting that Your Honorable Body amend their lease Expressway.
agreement to include Room #237 in their lease agreement. REFERRED TO THE SPECIAL COMMITTEE ON POLICE
Mrs. LoTempio moved REORGANIZATION /OVERSIGHT
That the above communication from the Comptroller dated
February 24, 1998, be received and filed; and FROMTHEPRESIDENTOFTHECOUNCIL
That the Comptroller be, and he hereby is authorized to amend NO.15
the lease between the City and St. Ambrose School for use of a APPOINTMENTSTOARTSANDCULTURALFUNDING
portion of former School #29, Rooms 225, 226 and 236 ADVISORYCOMMITTEE
commencing on March 1, 1998 and expiring February 29, 2000 I hereby appoint the following individuals to the Arts and
as approved in Item No. 15, C.C.P., 1/20/98 to include Room Cultural Funding Advisory Committee:
#237. Elizabeth Clarkson
PASSED 156 Bryant Street
AYES 12 NOES- 0 Buffalo, New York 14222
Joy Trotter
NO.12 601 Lafayette Avenue
PENNADTOREQUESTNAMECHANGEDONPROPOSED Buffalo, New York 14222
LEASEAGREEMENT Both Ms. Trotter and Mrs. Clarkson are well qualified to
ITEMNO.12,C.C.P.2/4/97ITEMNO.134,C.C.P.7/22/97 serve.
Item No. 12, C.C.P. 2/4/97 is a communication submitted by REFERRED TO THE COMMITTEE ON LEGISLATION,
the Comptroller's Office, Division of Real Estate requesting that CORPORATION COUNSEL, DIVISION OF COLLECTIONS
the Common Council approve a new lease agreement for a AND THE COMPTROLLER
three (3) year period commencing on November 1, 1996 under
has instituted certiorari proceedings on 233-239 Main Street,
NO.16 241-249 Main Street, 251 Main Street and 14 Lafayette
APPOINTMENTTOTHEADVISORYCOMMITTEE Square, Buffalo, New York, regarding the assessments for the
FORTHENEWERIECOUNTYCOURTBUILDING fiscal years 1996-97 and 1997-98.
I hereby appoint Council Member Barbara Miller-Williams to The assessments were reviewed by this Department and the
the Advisory Committee for the new Erie County Court owner expressed a willingness to settle the proceedings.
Building. The three Main Street properties in and are heated from a
Work will begin during the month of March. common source. The combined assessment of the three
Mrs. LoTempio moved properties was $7,437,500 for fiscal years 1996-97 and
That the above communication from the Council President 199798. The Rand Building, 14 Lafayette Square, was
dated February 25, 1998, be received and filed; and assessed at $4,400.00 for the two years at issue.
That the appointment of Council Member Barbara Miller- The owner is agreeable to a settlement which would result in
Williams to the Advisory Committee for the new Erie County a reduction to a total of $5 million on 233-239, 241-249 and
Court Building, be and hereby is confirmed. 251 Main Street for fiscal year 1997-98. The assessment on
ADOPTED the Rand Building, 14 Lafayette Square, would remain
unchanged at $4.4 million. The 1996-97 proceeding would be
NO.17 discontinued under this settlement. The owner is also willing to
APPOINTMENTTASKFORCETOREVIEWSUPERSPANwaive the right to interest on any refund due for the Main Street
ORSIGNATUREBRIDGEPROPOSALS properties.
I am hereby appointing a Task Force to review the various The amount of city taxes on $7,437,500 was $290,782.22
proposals involving the proposed development of a new Super for 1997-98. The amount on $5,000,000 would have been
Span or Signature Bridge. $195,483.84, a reduction of $95,298.38.
The Task Force will focus upon coordinating present efforts Based upon a review of the current market value of the
to formalize a final feasibility study which could move this property, I feel this settlement would be in the best interest of
concept forward. Importantly, the Task Force will strive to the City. I therefore recommend this settlement, in which the
develop a process to facilitate greater cooperation among Department of Law concurs.
interested parties such as the Buffalo-Niagara Partnership, I hereby request that the Corporation Counsel be authorized
Peace Bridge Authority, Super Span proponents, and Park to settle the 1997-98 certiorari proceeding on 233-239, 241-
Conservancy Groups. 249 and 251 Main Street by reducing the assessments from a
I expect the Task Force to complete its work within three total of $7,437,500 to a total of $5,000,000.
months and provide common forums for discussions, REFERRED TO THE COMMITTEE ON FINANCE
presentations and review of all information pertaining to a
proposed Signature Bridge. NO.21
The following persons appointed are: WAIVEBACKTAXESFOR
Richard Garman, President & CEO, Buffalo Crushed Stone, 345TACOMA
Inc., 2544 Clinton Street, West Seneca, New York 14225 and CCP1-20-98,ITEM214
Chairman, Buffalo-Niagara Partnership, Transportation The above item has been referred to this department for a
Committee. response.
Barbara Miller-Williams, Ellicott District Council Member. By way of history: At the Foot of the Cross Life and
James Kane, Representative for U.S. Senator Daniel Patrick Resurrection Ministries purchased 345 Tacoma on December
Moynihan, 28 Church Street, Suite 301, Buffalo, New York 6, 1995. At the time of acquisition the 199596 real property
14202 and sewer rent levied on July 1, 1995 remained unpaid.
Robert Kresse, Attorney Hiscock & Barclay, L.L.P. The prior owner, Peter Tasca, was not eligible for exempt
50 Fountain Plaza, Suite 301, Buffalo, New York 14202 status nor was the property exempt from taxation. The taxes
Jay Burney, LaSalle Park Steering Committee levied for fiscal 1996-97 are a valid lien. The owner of record,
354 Baynes Avenue, Buffalo, New York 14213 At the Foot of the Cross Life and Resurrection Ministries,
Bruno Freschi, Dean School of Architecture & Planning, would have had to apply and qualify for exempt status prior to
SUNYAB Haynes Hall - Room 139, 3435 Main Street, Buffalo, December 1, 1995 to be exempt from taxation for the 1996-97
New York 14214 city tax and sewer rent. Their application for exemption was
Edward C. Cosgrove, Attorney Main-Seneca Building, 237 filed on November 27, 1996 and was granted to begin with the
Main Street, Suite 1000, Buffalo, New York 14203 fiscal 1997-98 tax roll.
Jane O’Bannon, Representative for U.S. Senator Alfonse M. Since April 15, 1996, The Department of Assessment has
D’Amato, 111 West Huron Street, Buffalo, New York 14202 had several conversations with Norman Lewis, Deacon and
Robert Quintana, Niagara District Council Member. Chairman of the Board, and with Virginia Mingo, Pastor,
Eli Mundy, Multisorb Technology, Inc., 325 Harlem Road, concerning the arrears taxes and whether the approved
West Seneca, New York 14224 exemption could include the taxes in question. We explained
that it was not possible. We also suggested a payment plan
NO.18 and that we would assist in making the arrangements since this
COMPLIANCEWITHAMERICANDISABILITIESACT property is filed on In Rem 32 and scheduled for foreclosure if
In order to comply with the American Disabilities Act, I have not paid by September 28, 1998.
asked City Clerk Charles L. Michaux to extend the Media Booth In conclusion, the Department of Assessment has no legal
20" so that it may accommodate up to 4 wheelchairs. basis to cancel taxes that are valid liens. Title Correction of
3 "
This minor adjustment will have a minimal visual affect on
Assessment Rolls and Tax Rollsof the New York State Real
"
the appearance of the Chambers. This slight move will not
Property Tax Law establishes the criteria to cancel property
result in any permanent structural changes.
taxes, To proceed otherwise is in violation of the RPTL and a
RECEIVED AND FILED
gift of public funds.
REFERRED TO THE COMMITTEE ON FINANCE
NO.19
LETTERFROMALANWEST,GENERALMANAGER
NO.22
NIAGARAMOHAWKPOWERCORPORATION
CERTIFICATEOFAPPOINTMENT
"OBJECTINGTONIMOBAILOUT"
Appointment Effective February 19, 1998, in the Department of
ITEM#231,C.C.P.02/17/98
Assessment to the Position of Assessor Trainee, Provisional,
I have filed the attached copy of a letter from Mr. Alan West
Appointment, at the: Maximum Salary of $25,495
of Niagara Mohawk who takes issue with the Common
Mark K. Catanzaro, 104 Alsace Avenue, Bflo, NY 14220
Council's resolution "Objecting to NiMo Bailout".
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
Please refer the item to the Legislation Committee and invite
Representatives to come in and make a Presentation.
NO.23
REFERRED TO THE COMMITTEE ON LEGISLATION AND
CERTIFICATEOFAPPOINTMENT
NIAGARA MOHAWK POWER CORPORATION
Appointment Effective February 23, 1998, in the Department
of Assessment, to the Position of Assessor Trainee,
FROMTHECOMMISSIONEROFASSESSMENT
Provisional Appointment at the Maximum Salary of $25,495
NO.20
Victor M. Getz, 25 Knox Avenue, Buffalo, NY 14216
CERTIORARIPROCEEDINGS
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
FISCALYEARS1996-97AND1997-98
233-239,241-249AND251MAIN
FROMTHECOMMISSIONEROFPUBLICWORKS
AND14LAFAYETTESQUARE
NO.24
This is to advise that the owner, Main Seneca Corporation,
NOTIFICATIONSERIAL#8980
REPEALALTERNATEPARKING-TYPEI Ordinances of the City of Buffalo be supplemented by adding
ONOWAHNPLACEBETWEENPRENATTSTREET the following: STOP SIGNS
ANDTHESOUTHERNEND VEHICLES ON SHALL STOP BEFORE ENTERING
NO PARKING (ALTERNATE - TYPE I) - REPEAL Brownell Street Amity Street
In conformity with Section 49 of Chapter 479 of the Police Emergency - Necessary to provide stop control at
Ordinances of the City of Buffalo, the City Engineer hereby currently uncontrolled intersection.
notifies Your Honorable Body of this action supplementing, REFERRED TO THE COMMITTEE ON LEGISLATION
amending, or repealing existing provisions of Chapter 479 of
the Ordinances, as stated below, to be effective forty five days NO.25
after the first Council meeting at which they appear on the REPORTOFBIDS
agenda as an item business. BUFFALO&ERIECOUNTYHISTORICALSOCIETY
That that part of Subdivision 24 Section 15 of Chapter 479 ELECTRICALVAULT&EMERGENCYGENERATOR
of Ordinances of the City of Buffalo be supplemented by I asked for on February 3, 1998 and received the following
repealing therefrom the following: NO PARKING sealed proposals for the Buffalo & Erie County Historical
PROHIBITED PTN HIGHWAY PROHIBITED PERIOD Society, Electrical Vault & Emergency Generator -
Owahn Place, east side 4:00 pm Wednesday Mechanical & Plumbing, which were publicly opened and read
between Prenatt Street to on February 17, 1998.
and southern end 4:00 pm Sunday Mechanical
Owahn Place, west side 4:00 pm Sunday R P Mechanical $6,800.00
between Prenatt Street to Northeast Mechanical $9,800.00
and southern end 4:00 pm Wednesday Plumbing Add Alternate #1
This action is being taken at the request of homeowners on H & M Plumbing $5,398.00 $ 58-00
Owahn Place and the District Councilmember.. A petition Joseph Carino Plumbing $6,385.00 $ 55.00
containing the signature of 75% of homeowners requesting this A. Gareleck & Sons $6,923.00 $0
action was submitted to, and verified by, this department's Pinto Construction $7,435.00 $275.00
Traffic Engineering section. This department has no objection R P Mechanical $8,760.00 $ 30.00
to the requested parking restriction changes. (See next serial) MKS Plumbing $8,888.00 $222.00
NOTIFICATIONSERIAL#8981 Numarco $17,700.00 $0
INSTALLNOPARKING I hereby certify that the foregoing is a true and correct
EASTSIDEOFOWAHNPLACE statement of all bids received and that the following are the
BETWEENPRENATTSTREET lowest responsible bidders in accordance with the plans and
ANDTHESOUTHERNEND specifications:
NO PARKING - INSTALL Mechanical: R P Mechanical in the amount of $6,800.00.
In conformity with Section 49 of Chapter 479 of the Plumbing: H & M Plumbing, Base Bid in the amount of
Ordinances of the City of Buffalo, the City Engineer hereby $5,398.00, add Alternate #1 in the amount of $58.00, for a total
notifies Your Honorable Body of this action supplementing, amount of $5,456.00.
amending, or repealing existing provisions of Chapter 479 of Alternate #1 is for gas line upgrading to generator.
the Ordinances, as stated below, to be effective forty five days I recommend that Your Honorable Body authorize the
after the first Council meeting at which they appear on the Commissioner of Public Works to order the work on the basis
agenda as an item business. of the low bid. Funds for this work are available in CPF 200-
That that part of Subdivision 23 Section 15 of Chapter 479 402-020 - Division of Buildings.
of Ordinances of the City of Buffalo be supplemented by Mrs. LoTempio moved:
adding thereto the following: NO PARKING That the above communication from the Commissioner of
PROHIBITED PTN HIGHWAY PROHIBITED PERIOD Public Works dated February 17, 1998, be received and filed;
Owahn Place, east side At all times and
between Prenatt Street That the Commissioner of Public Works be, and he hereby
and southern end is authorized to award contracts for Buffalo & Erie County
This action is being taken at the request of homeowners on Historical Society, Electrical Vault & Emergency Generator -
Owahn Place and the District Councilmember. A petition Mechanical & Plumbing, to the lowest responsible bidders. For
containing the signature of 75% of homeowners requesting this Mechanical to R.P. Mechanical in the amount of $6,800.00; for
action was submitted to, and verified by, this department's Plumbing to H. & M. Plumbing, Base Bid in the amount of
Traffic Engineering section. This department has no objection $5,398.00, add Alternate #1 in the amount of $58.00, for a total
to the requested parking restrictions change. (See previous amount of $5,456.00, with said cost to be charged to CPF 200-
serial) 402-020.
NOTIFICATIONSERIAL#8982 PASSED
REPEALNOPARKINGONHERTELAVENUE,NORTHAYES-12 NOES-0
SIDEBETWEENGROVESTREET
ANDAPOINT45'EASTOFSUNSETSTREET NO.26
NO PARKING - REPEAL REPORTOFBIDS
In conformity with Section 49 of Chapter 479 of the WATERLINEREPLACEMENT-ARSENALPLACE,
Ordinances of the City of Buffalo, the City Engineer hereby BUFFALOCHINARD.,DAYSPARK,KINGSLEY
notifies Your Honorable Body of this action supplementing, As authorized by your Honorable Body in Common Council
amending, or repealing existing provisions of Chapter 479 of Proceeding No. 116 of September 16, 1997 plans and
the Ordinances, as stated below, to be effective forty five days specifications were prepared and sealed proposals accepted
after the first Council meeting at which they appear on the for Waterline Replacement - Arsenal Place, Buffalo China
agenda as an item business. Road, Days Park, Kingsley Street, Mark Street, Nash Street
That that part of Subdivision 23 Section 15 of Chapter 479 and Riley Street.
of Ordinances of the City of Buffalo be supplemented by I submit the following report of all bids received which were
repealing therefrom the following: NO PARKING opened in my office at 11:00 a.m. on February 4, 1998:
PROHIBITED PTN HIGHWAY PROHIBITED PERIOD Firstrhyme Construction Corp., Inc.
Owahn Place, east side 7:00 a.m. - 10:00 a.m. 470 Buffalo Road
between Grove Street 3:00 p.m. - 6:00 p.m. East Aurora, New York 14052 $ 1,760,305.00
a point 45' east of Sunset Street Pine Ridge, Inc.
This action is being taken at the request of the District 7135 Davis Road
Councilmember. West Falls, New York 14170 $ 1,798,805.00
NOTIFICATIONSERIAL#8983 MPJ Contracting, Inc.
INSTALLSTOPSIGNS(POLICEEMERGENCY) 68 Churchill Street
INBROWNELLSTREETATAMITYSTREET Buffalo, New York 14207 $ 1,944,100.53
STOP SIGNS - INSTALL (POLICE EMERGENCY) Triple R Development
In conformity with Section 49 of Chapter 479 of the 27 Wyndmoor Court
Ordinances of the City of Buffalo, the City Engineer hereby Depew, New York 14043 $ 2,027,760.00
notifies Your Honorable Body of this action supplementing, Nichols, Long & Moore
amending, or repealing existing provisions of Chapter 479 of 149 Gunnville Road
the Ordinances, a stated below, to be effective forty five days Lancaster, New York $ 2,038,152.50
after the first Council meeting at which they appear on the Visone Construction
agenda as an item business. 79 Sheldon Avenue
That that part of Subdivision 9 Section 11 of Chapter 479 of Depew, New York 14043 $ 2,038,725.00
E & R General Construction and Service Transfers - Seneca Street, to MPJ Contracting,
38 St. Davids Drive Inc., the lowest responsible bidder in the amount of
West Seneca, New York 14224 $ 2,153,685.00 $1,817,440.00 plus approved unit prices for an additional
Kandey Company, Inc. $181,744.00 for a total encumbrance in the amount of
19 Ransier Drive $1,999,184.00. Funds for this project are available in the
West Seneca, New York 14224 $ 2,975,970.00 Division of Water's Capital Project Account.
I certify that the foregoing is a true and correct statement of PASSED
all bids received and that Firstrhyme Construction Corp., Inc., AYES-12 NOES-0
470 Buffalo Road, East Aurora, New York is the lowest
responsible bidder complying with the plans and specifications NO.28
for Waterline Replacement - Arsenal Place, Buffalo China REPORTOFBIDS
Road, Days Park, Kingsley Street, Mark Street, Nash Street BUILDINGS:ELEVATOR/ESCALATOR
and Riley Street with their bid in the amount of $1,760,305.00. CODECOMPLIANCEREPAIRS
I respectfully request that your Honorable Body authorize the I advertised on February 3, 1998 and received the following
Commissioner of Public Works to enter into a contract with sealed proposals for Buildings: Elevator/Escalator Code
Firstrhyme Construction Corp., Inc. in the amount of Compliance Repairs, which were publicly opened and read on
$1,760,305.00 plus approved unit prices for an additional February 17, 1998.
$176,030.50 for a total encumbrance in the amount of Dover Elevator $21,877.00
$1,936,335.50 to be charged to the Division of Water's Capital Otis Elevator $43,946.30
Project Account. Delta Elevator No Bid
The Engineer's estimate for this project was $2,016,805.00. Elevator Maintenance No Bid
Mrs. LoTempio moved: M S M Electric No Bid
That the above communication from the Commissioner of I hereby certify that the foregoing is a true and correct
Public Works dated February 18, 1998, be received and filed; statement of all bids received and that Dover Elevator, in the
and amount of Twenty One Thousand Eight Hundred Seventy
That the Commissioner of Public Works be, and he hereby Seven and 00/1 00 Dollars ($21,877.00), is the lowest
is authorized to award a contract for Waterline Replacement - responsible bidder in accordance with the plans and
Arsenal Place, Buffalo China Road, Days Park, Kingsley specifications
Street, Mark Street, Nash Street and Riley, to Firstrhyme I recommend that Your Honorable Body authorize the
Construction Corp., Inc., the lowest responsible bidder, in the Commissioner of Public Works to order the work on the basis
amount of $1,760,305.00 plus approved unit prices for an of the low bid. Funds for this work are available in CPF 201-
additional $176,030.50 for a total encumbrance in the amount 402-006 - Division of Buildings.
of $1,936,335.50. Funds for this project are available in the Total estimate for this work was $35,000.00
Division of Water's Capital Project Account. Mrs. LoTempio moved:
PASSED That the above communication from the Commissioner of
AYES-12 NOES-0 Public Works dated February 19, 1998, be received and filed;
and
NO.27 That the Commissioner of Public Works be, and he hereby
REPORTOFBIDS is authorized to award a contract for Buildings:
WATERLINEREPLACEMENTANDSERVICE Elevator/Escalator Code Compliance Repairs, to Dover
TRANSFERS-SENECASTREET Elevator, the lowest responsible bidder, in the amount of
As authorized by your Honorable Body in Common Council $21,877.00, with said cost to be charged to CPF 201-402-006
Proceeding No. 134 of July 11, 1995 plans and specifications Division of Buildings.
were prepared and sealed proposals accepted for Waterline PASSED
Replacement and Service Transfers - Seneca Street. AYES-12 NOES-0
I submit the following report of all bids received which were
opened in my office at 11:00 a.m. on February 11, 1998: NO.29
MPJ Contracting, Inc. CHANGEINCONTRACT
68 Churchill Street KLEINHANSMUSICHALL
Buffalo, New York 14207 $ 1,817,440.00 PHASEVIRESTORATION
E & R General Construction ELECTRICAL
38 St. David's Drive I hereby submit to Your Honorable Body the following
West Seneca, New York 14224 $ 1,845,600.00 changes for Kleinhans Music Hall, Phase VI Restoration,
Pine Ridge, Inc. Electrical, Goodwin Electric, C #91932900.
7135 Davis Road 1 . Relocate four (4) street lights along Normal Avenue.
West Falls, New York 14170 $ 2,053,393.00 Add $ 5,134.80
Visone Construction, Inc. 2. Install 400' of schedule 40 PVC conduit under parking
79 Sheldon Avenue lot for future cable and fiber optic services.
Depew, New York 14043 $ 2,244,437.00 Add $ 5,658.00
Kandey Company, Inc. 3. Provide power to humidifier pump in musicians' lounge,
19 Ransier Drive relocate two (2) existing receptacles at library work table,
West Seneca, New York 14224 $ 2,327,300.00 relocate conduit runs adjacent to steamlines, relocate conduit
Milherst Construction riser at library wall removal, relocate dressing room home runs,
2601 Millersport Highway relocate 1/2" rigid pipe for HVAC connection, replace
Getzville, New York 14068 $ 2,791,595.00 receptacle at spiral stair, relocate light fixture conduit at
Nichols, Long & Moore relocated heat pump, provide new home runs in dressing
149 Gunnville Road rooms, provide new wiring for porcelain lampholders in
Lancaster, New York 14086 $ 2,822,405.00 dressing rooms, repair conduit to light fixture in storage room
I certify that the foregoing is a true and correct statement of and relocate lighting in storage room to accommodate relocated
all bids received and that MPJ Contracting, 68 Churchill Street, duct work. Add $ 1,954.85
Buffalo, New York is the lowest responsible bidder complying The foregoing change results in a net increase in the
with the plans and specifications for Waterline Replacement contract of Twelve Thousand Seven Hundred Forty Seven and
and Service Transfers - Seneca Street, with their bid in the 65/1 00 Dollars ($12,747.65).
amount of $1,817,440.00. Summary: Original Amount of Contract $ 21,700.00
I respectfully request that your Honorable Body authorize the Amount of This Change (No. 1) Add 12,747.65
Commissioner of Public Works to enter into a contract with Revised Amount of Contract $ 34,447.65
MPJ Contracting, Inc. in the amount of $1,817,440.00 plus These changes could not be foreseen at the time contract
approved unit prices for an additional $181,744.00 for a total was let. Costs have been reviewed by the Consulting Architect
encumbrance in the amount of $1,999,184.00 to be charged to (Hamilton, Houston, Lownie) and the Department of Public
the Division of Water's Capital Project Account. Works and found to be fair and equitable. Funds for this
The Engineer's estimate for this project was $1,994,050.00. project are to be charged to CPF 200-402-038 - Division of
Mrs. LoTempio moved: Buildings.
That the above communication from the Commissioner of I request that Your Honorable Body authorize the
Public Works dated February 18, 1998, be received and filed; Commissioner of Public Works to issue a change order to the
and contractor as set forth above.
That the Commissioner of Public Works be, and he hereby Mrs. LoTempio moved:
is authorized to award a contract for Waterline Replacement That the above communication from the Commissioner of
Public Works dated February 19, 1998, be received and filed, Change Order No. 4 (CCP 9/2/97, #29) Add 6,000.00
and Change Order No. 5 (CCP 9/16/97, #25) Add 3,763.00
That the Commissioner of Public Works be, and he hereby Amount of This Change (No. 6) Add 4,820.00
is authorized to issue change order No. 1, to Goodwin Electric, Revised Amount of Contract $1,308,181.00
an increase in the amount of $12,747.65, 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
Kleinhans Music Hall, Phase VI Restoration, Electrical C (Stieglitz, Stieglitz, Mach) and the Department of Public Works
#91932900. Funds for this project are available in CPF 200-and found to be fair and equitable. Funds for this project are to
402-038 Division of Buildings. be charged to CPF 200-402-023 - Division of Buildings.
PASSED I request that Your Honorable Body authorize the
AYES-12 NOES-0 Commissioner of Public Works to issue a change order to the
contractor as set forth above.
NO.30 Mrs. LoTempio moved:
CHANGEINCONTRACT That the above communication from the Commissioner of
KLEINHANSMUSICHALL Public Works dated February 19, 1998, be received and filed;
PHASEVIRESTORATION and
GENERALCONSTRUCTION That the Commissioner of Public Works be, and he hereby
I hereby submit to Your Honorable Body the following is authorized to issue change order No. 6, to Concept
changes for Kleinhans Music Hall, Phase VI Restoration, Construction Corp., an increase in the amount of $4,820.00, as
General Construction, Arcon Management, more fully described in the above communication, for work
C #91937200. relating to Elmwood Virginia Fire Station, General Construction
1 . Change existing library door with a new solid core birch, C #91853600. Funds for this project are available in CPF 200-
casing to match existing. Add $ 885.00 402-023 Division of Buildings.
2. Finish new door to match adjacent existing door, repaint PASSED
wall trim to match existing ceiling door, prime and paint piping AYES-BROWN, FONTANA, FRANCZYK, GRAY, HELFER,
from the climate control unit to match existing KAVANAUGH, LOTEMPIO, MANLEY, QUINTANA,
ceiling and wall paint. Add $ 355.00 ZUCHLEWSKI-10 NOES-COPPOLA, PITTS-2
3. Install 36 additional stainless steel tubing supports welded
to the frame and the radius portion of the NO.32
bracket. Add $2,967.00 CHANGEINCONTRACT
4. Install aluminum strips at the seams of the laminated SHEA’SPERFORMINGARTSCENTER
countertops in dressing rooms. Add $ 259.00 STAGEEXPANSIONPROJECT
5. Change counter from birch plywood to particle board. Deduct $ 300.00 HVAC(118)
6. Flash patch library floor in two (2) areas. Add $ 175.00
7. Cut a 12" x 8" hole in the 22" thick foundation wall in I hereby submit to Your Honorable Body the following
Room B101 to accept mechanical louver. Add $ 805.00 changes for Shea's Performing Arts Center, Stage Expansion
The foregoing change results in a net increase in the Project, HVAC (11 18), Joseph Davis, Inc., C#91941600.
contract of Five Thousand One Hundred Forty Six and 00/100 1 . Replace the front end P.C. with a dumb terminal and delete
Dollars ($5,146.00). all specified graphics on the Control
Summary: Original Amount of Contract $ 59,545.00 System (CM- 1 02). Deduct $ 9,000.00
Amount of This Change (No. 1) Add 5,146.00 2. Replace specified isolators with type WP waffle
Revised Amount of Contract $ 64,691.00 vibration isolator pads (CM-1 03). Deduct $600.00
These changes could not be foreseen at the time contract 3. Delete two (2) 6" chilled water supply and return risers in
was let. Costs have been reviewed by the Consulting Architect Mechanical Penthouse (CM-106). Deduct $ 7,500.00
(Hamilton, Houston, Lownie) and the Department of Public 4. Delete nine (9) ice storage tanks (CM-1 07).
Works and found to be fair and equitable. Funds for this Deduct $11,200.00
project are to be charged to CPF 200-402-056 - Division of 5. Delete cost of fuel devices permit (CM-1 09).
Buildings. Deduct $150.00
I request that Your Honorable Body authorize the The foregoing change results in a net decrease in the
Commissioner of Public Works to issue a change order to the contract of Twenty Eight Thousand Four Hundred Fifty and
contractor as set forth above. 00/1 00 Dollars ($28,450.00).
Mrs. LoTempio moved: Summary: Original Amount of Contract $1,226,000.00
That the above communication from the Commissioner of Amount of This Change (No. 1) Deduct $28,450.00
Public Works dated February 25, 1998, be received and filed Revised Amount of Contract $1,197,550.00
and These changes could not be foreseen at the time contract
That the Commissioner of Public Works be, and he hereby was let. Costs have been reviewed by the Consulting Architect
is authorized to issue change order No. 1, to Arcon (Kideney Architects), the Construction Manager (Ciminelli-
Management, an increase in the amount of $5,146.00, as more Cowper Co., Inc.), and the Department of Public Works and
fully described in the above communication, for work relating to found to be fair and equitable. Funds for this work to be
Kleinhans Music Hall, Phase VI Restoration, General credited to CPF 292402-001 - Division of Buildings.
Construction C #91937200. Funds for this project are I request that Your Honorable Body authorize the
available in CPF 200-402-056 Division of Buildings. Commissioner of Public Works to issue a change order to the
PASSED contractor as set forth above.
AYES-12 NOES-0 Mrs. LoTempio moved:
That the above communication from the Commissioner of
NO.31 Public Works dated February 18, 1998, be received and filed;
CHANGEINCONTRACT and
ELMWOODVIRGINIAFIRESTATION That the Commissioner of Public Works be, and he hereby
GENERALCONSTRUCTION is authorized to issue change order No. 1, to Joseph Davis,
I hereby submit to Your Honorable Body the following Inc., a decrease in the amount of $28,450.00, as more fully
changes for the Elmwood Virginia Fire Station, General described in the above communication, for work relating to
Construction, Concept Construction Corp., C #91853600. Shea's Performing Arts Center, Stage Expansion Project,
1. Replace unsuitable fill in tower area. Add $3,311.00 HVAC (I 18) C #91941600. Funds for this project should be
2. Cost to supply an astragal #183 C84" long. credited to CPF 292Add $ 130.00-402 -001 Division of Buildings.
3. Replace unsuitable fill at front apron and replace PASSED
fabric. Add $1,000.00 AYES-12 NOES-0
4. Regrade parking lot. Add $ 779.00
5. Waterproof basement walls. Add $ 528.00 NO.33
6. Eliminate curb and planter. Deduct $ 720.00 CHANGEINCONTRACT
7. Repairs for overhead door by Buffalo Fire Department. Deduct $ 208.00SHEA'S PERFORMINGARTSCENTER
The foregoing change results in a net increase in the STAGEEXPANSIONPROJECT
contract of Four Thousand Eight Hundred Twenty and 00/100 PLUMBINGCONTRACT(116)
Dollars ($4,829.00). I hereby submit to Your Honorable Body the following
Summary: Original Amount of Contract $1,265.932.00 changes for Shea's Performing Arts Center, Stage Expansion
Change Order No. 1 (CCP 11/12/96, #112)Add 40,289.00 Project, Plumbing Contract (1 16), A.
Change Order No. 2 (CCP 4/1/97, #31) Deduct 15,729.00 Gareleck & Sons, Inc., C #91941500.
Change Order No. 3 (CCP 7/8/97, #38) Add 3,106.00 1. Credit for plumbing permit cost. Deduct $ 1,400.00
The foregoing change results in a net decrease in the increase in that item.
contract of One Thousand Four Hundred and 00/100 Dollars The additional work has been reviewed and recommended
($1,400.00). for acceptance by our Consultant Engineer, Hayden-Wegman.
Summary: Original Amount of Contract $ 357,000.00
Amount of This Change (No. 1) Deduct $1,400.00 Original Contract $2,766,219.00
Revised Amount of Contract $ 355,600.00 Change Order No. 1 $95,000.00
These changes could not be foreseen at the time contract New Contract Amount $2,861,219.00
was let. Costs have been reviewed by the Consulting Architect Funds for this work are available in Account No. 201-401-
(Kideney Architects), the Construction Manager (Ciminelli-601. I hereby certify that the amount of the Change Order is
Cowper Co., Inc.), and the Department of Public Works and fair and equitable for the work involved, and I respectfully
found to be fair and equitable. Funds for this work to be request Your Honorable Body approve the above Change Order
credited to CPF 292402-001 - Division of Buildings. and authorize the Commissioner of Public Works to issue
I request that Your Honorable Body authorize the Change Order to Oakgrove Construction.
Commissioner of Public Works to issue a change order to the Mrs. LoTempio moved:
contractor as set forth above. That the above communication from the Commissioner of
Mrs. LoTempio moved:: Public Works dated February 25, 1998, be received and filed;
That the above communication from the Commissioner of and
Public Works dated February 18, 1998, be received and filed; That the Commissioner of Public Works be, and he hereby
and is authorized to issue change order No. 1, to Oakgrove
That the Commissioner of Public Works be, and he hereby Construction, an increase in the amount of $95,000.00, as
is authorized to issue change order No. 1, to Gareleck & Sons, more fully described in the above communication, for work
Inc., a decrease in the amount of $1,400.00, as more fully relating to Northeast Parkway 11, Warwick to E. Delavan.
described in the above communication, for work relating to Funds for this project are available in Account No. 2011401-
Shea's Performing Arts Center, Stage Expansion Project, 601.
Plumbing Contract (116) C #91941500. Funds for this project PASSED
should be credited to CPF 292-402-001 Division of Buildings. AYES-12 NOES-0
PASSED
AYES-12 NOES-0 NO.36
EXTENSIONOFCONTRACT
NO.34 SOLIDWASTEDISPOSAL
CHANGEINCONTRACT The City is currently in the midst of our third year of a five-
SHEA'SPERFORMINGARTSCENTERSTAGEyear contract with Modern Corporation for the disposal of solid
EXPANSIONPROJECTWALLFINISHES(111) waste. This contract includes a five-year renewal at the City's
I hereby submit to Your Honorable Body the following option. Attached is a proposal from Modern Corporation to
changes for Shea's Performing Arts Center, Stage Expansion extend this contract for an additional five years through 2005.
Project, Wall Finishes (111), Sigma Painting of NY, Inc., C Modern proposes that the contract be extended at the
#91941200. existing price of $ 27.00 for the entire extension. This would
1. Paint ceiling deck in walkway 117 (CM-15B). mean that the City's disposal costs, already the lowest in the Add $ 200.00
2. Paint deck where skylights are eliminated in area, would remain stable for the next seven years. In addition,
walkway 117 (CM-1 5D). Add $ 150.00 Modern is offering to work with the City in the management of
3. Paint bollards (CM-24). Add $ 216.00 our collection activities to find ways to economically and
4. Delete painting of canopy eliminated above efficiently improve our service. Modern anticipates contributing
overhead door (CM-54) Deduct $ 210.00 a minimum of $240,000 in this endeavor. Modern will
5. Delete painting on CMU walls in Stairs A guarantee that they will spend at least this amount, and if they
& B (CM-58). Deduct $3,405.00 don't, the City can deduct any remaining portion from the final
6. Delete paint on CMU walls in Rooms 106, year of the contract.
107 & 108 (CM-59). Deduct $1,672.00 I have reviewed this option with the Corporation Counsel, the
7. Delete paint on exterior rails that are Commissioner of Administration & Finance and the
eliminated. Deduct $ 200.00 Commissioner of Streets & Sanitation, and I recommend that
The foregoing change results in a net decrease in the Your Honorable Body authorize the Commissioner of Public
contract of Four Thousand Nine Hundred Twenty One and Works to enter into a five year extension of the contract.
00/100 Dollars ($4,921.00). REFERRED TO THE COMMITTEE ON BUDGET
Summary: Original Amount of Contract $ 83,600.00
Amount of This Change (No. 1) Deduct $4,921.00 NO.37
Revised Amount of Contract $ 78,679.00 PERMISSIONTOPREPAREPLANS&SPECIFICATIONS
These changes could not be foreseen at the time contract ANDADVERTISEFORPROPOSALSFORTHE
was let. Costs have been reviewed by the Consulting Architect REPLACEMENTOFTREEROOTDAMAGEDSIDEWALKS
(Kideney Architects), the Construction Manager (Ciminelli--CITYWIDE1998,GROUP#473
Cowper Co., Inc.), and the Department of Public Works and I hereby request permission from Your Honorable Body to
found to be fair and equitable. Funds for this work to be prepare plans, specifications and advertise for sealed
credited to CPF 292402-001 - Division of Buildings. proposals for the Replacement of Tree Root Damaged
I request that Your Honorable Body authorize the Sidewalks - City Wide - various locations, Group #473.
Commissioner of Public Works to issue a change order to the This project is included in the 1998 Capital Improvements
contractor as set forth above. Budget and will involve the replacement of "tree root damaged"
Mrs. LoTempio moved: sidewalk along with associated items.
That the above communication from the Commissioner of Funds for this project are available in Division of
Public Works dated February 18, 1998, be received and filed; Engineering, Capital Projects Fund No. 201-401-002-00-000.
and REFERRED TO THE COMMITTEE ON FINANCE
That the Commissioner of Public Works be, and he hereby
is authorized to issue change order No. 1, to Sigma Painting of NO.38
NY, Inc., a decrease in the amount of $4,92 1. 00, as more fully PERMISSIONTOPREPAREPLANS&SPECIFICATIONS
described in the above communication, for work relating to ANDADVERTISEFORPROPOSALSFORTHE
Shea's Performing Arts Center, Stage Expansion Project, Wall RECONSTRUCTIONOFCURBS&SIDEWALKS-1998
Finishes (111) C #91941200. Funds for this project should be GROUP#474
credited to CPF 292-402-001 Division of Buildings. I hereby request permission from Your Honorable Body to
PASSED prepare plans, specifications and advertise for sealed
AYES-12 NOES-0 proposals for the Reconstruction of Curbs & Sidewalks - 1998,
Group #474.
NO.35 This project is included in the 1998 Capital Improvements
NORTHEASTPARKWAYII Budget and will involve the replacement of damaged sidewalk
WARWICKTOE.DELAVAN and curb along with associated items.
CHANGEORDERNO.1 Funds for this project are available in Division of
ITEMNO.33;C.C.P.06/10/97 Engineering, Capital Projects Fund No. 201-401-002-00-000.
I hereby submit to Your Honorable Body the following REFERRED TO THE COMMITTEE ON FINANCE
change in contract for the above named project. During the
design phase, testing of the abandoned Conrail Corridor did not NO.39
reveal the extent of rock removal which necessitated an 363DINGENSSTREET;
ENCROACHMENTSWITHIN NO.43
CITYRIGHT-OF-WAY CERTIFICATEOFAPPOINTMENT
Mr. Phil Gramaglia, owner of the property located at 363 Appointment Effective February 23, 1998, in the Department
Dingens Street, southeast corner of Old South Ogden Street, of Public Works, Division of Water, to the Position of Filtration
has requested permission to utilize a portion of City right-of-Plant Operator, Permanent, Promotion, at the Intermediate
way at said address. Starting Salary of $ 30,568
Specifically, Mr. Gramaglia wishes to install asphalt Joseph Kotrys, 159 Metcalfe Street, Buffalo, 14206
pavement and approximately 20 Austrian pine trees between REFERRED TO THE COMMITTEE ON CIVIL SERVICE
his west property line and the east curbline of Old South
Ogden Street. The proposed area measures 17 feet in width NO.44
and approximately 400 feet in length. CERTIFICATEOFAPPOINTMENT
Mr. Gramaglia is constructing a self storage facility at this Appointment Effective February 23, 1998, in the Department
location and by utilizing City right-of-way, it allows him to install of Public Works, Division of Water, to the Position of Assistant
more storage sheds. All storage sheds will be located on Filtration Plant Operator, Permanent Promotion, at the
private property. There will be no structures located within City Maximum Starting Salary of: $ 29,814
right-of-way. Peter J. Schweitzer, 62 Navel Avenue, Buffalo, 14211
The Department of Public Works has reviewed Mr.
Gramaglia's application pursuant to Chapter 413-67 NO.45
(Encroachment Regulations) of the City Ordinances and has PERMISSIONTOACCEPTFUNDS/GRANTFOR
no objection to Your Honorable Body authorizing the ENHANCEMENTOFNIAGARASTREETOVERLOOK
Commissioner of Public Works to issue a "Mere License" to Permission is being requested from your Honorable Body to
install said encroachments provided the following conditions enter into a grant agreement and accept funds from the New
are met: York State Thruway Authority (NYSTA) related to the
1. That the storage shed facility be located a minimum enhancement of the Niagara Street overlook area adjacent to
of 10 feet east of the west property line. the 1-190 at Riverside Park. A copy of the agreement is
2. That the asphalt be installed according to attached and summary of funding being provided is as follows:
Department of Public Works standard specifications. $600,000 - For construction of a landscape buffer and
3. That the proposed tree type be approved by the streetscape
Commissioner of Human Services, Parks and Recreation. $ 92,000 - For repair or reconstruction of Niagara Street
4. That the applicant be responsible for maintaining $105,000 - For new traffic signal equipment
said encroachments as long as they remain within City right-of-$797,000 - Total Funds
way. In addition to the $797,000 being provided by the NYSTA
5. That the applicant supply the Department of Public another $425,000 is available through the New York State Multi
Works with a $5,000.00 Construction in Street Bond or Modal Grant which was approved by your Honorable Body on
Certificate of Insurance which will indemnify and hold harmless 2/17/98. The project is currently being designed in a
the City of Buffalo in the event of accident or injury related to cooperative effort between our Department and Community
the installation, use or removal of said encroachments. Development.
Mrs. LoTempio moved: I, therefore, request permission from your Honorable Body to
That the above communication from the Commissioner of allow the Mayor to enter into an agreement with the NYSTA to
Public Works dated February 24, 1998, be received and filed; accept the $797,000 for the Niagara Street Enhancement
and Project. Permission is also requested at this time for our
That the Commissioner of Public Works be, and he hereby Department to hire a consultant to design, bid and construct
is authorized to issue a "mere license" to Mr. Phil Gramaglia, this project.
owner of the property located at 363 Dingens Street, southeast Mrs. LoTempio moved:
comer of Old South Ogden Street, to construct a self storage That the above communication from the Department of
facility, which would encroach city right-of-way at said address, Public Works dated March 2, 1998, be received and filed; and
subject to the conditions as listed in the above communication. That the Mayor be, and he hereby is authorized to enter into
PASSED a grant agreement and accept funds in the amount of $797,000
AYES-12 NOES-0 from the New York State Thruway Authority related to the
Niagara Street Enhancement Project. That the Commissioner
40 of Public Works be, and he hereby is authorized to hire a
ENVIRONMENTALAUDIT consultant to design, bid and construct this project.
(ITEMNO.133,C.C.P.,9/02/97) PASSED
During the Committee on Community Development Meeting AYES-12 NOES-0
of February 11, 1998 Professor Joseph Gardella stated that
City Hall still had 25 cycle power for some of the elevators.
Please be advised that here is no 25 cycle power anywhere FROMTHECORPORATIONCOUNSEL
in City Hall. NO.46
REFERRED TO THE COMMITTEE ON COMMUNITY CONDEMNATIONPROCEEDINGS
DEVELOPMENT 167-170DARTSTREET
The City of Buffalo auto impound is presently located at 189
NO.41 Tonawanda Street. The lease for this property has expired and
ALTERNATESITESFORBDISTRICT the owner is not interested in renewing it, as he has other plans
POLICESTATION for the use of the parcel. The City was made aware of the
ITEM#240C.C.P.2/17/98 owner's intentions some time ago, and formed a committee
The Buffalo Police Department has asked that two additional which examined several sites to which the auto impound could
sites be considered for the B District Police Station. be moved. After many months of searching and evaluating
The suggested sites were the south west comer of Edward different locations, the committee determined that 167-170 Dart
and Main Street, and a site bounded by Elm Street, Genesee Street was the preferred site. The property includes a 150,000
Street, Oak Street, and the Kensington Expressway. square foot building located on six and a half to seven acres,
We will ask the Comptrollers Real Estate Division to and has nearby access to the Scajaquada Expressway.
determine if these sites are available. Accordingly, the City entered into negotiations last summer for
REFERRED TO THE SPECIAL COMMITTEE ON POLICE purchase with the owner of the property. The City has secured
REORGANIZATION/OVERSIGHT three appraisals and offered to buy the property at the highest
estimate. This offer has not been accepted.
NO.42 Because the City's lease on Tonawanda Street expired
EXPLOREFEASIBILITY-DEMOLITIONS December 31, 1997, time has become an important factor. 1,
BYCITYDEPARTMENTS therefore, request that the Corporation Counsel be authorized
ITEMNO.253,C.C.P.2/17/98 to take any and all necessary steps toward acquiring 167-170
The referenced item was referred to this department for Dart Street through the exercise of the City's power of eminent
comment. domain.
Although we do not currently have any involvement in REFERRED TO THE COMMITTEE ON FINANCE, DIVISION
demolitions of properties other than City owned properties, we OF REAL ESTATE AND COMMISSIONER OF
would be willing to assist in any plan to develop a City ADMINISTRATION AND FINANCE
demolition crew.
REFERRED TO THE COMMITTEE ON BUDGET NO.47
FIREFIGHTERSAMUELCASTRO
D/A:1/2/91 any debts in arrears:
On January 2, 1991, Buffalo Firefighter Samuel Castro Name Thomas Keenan
responded to a first aid call stemming from a vehicular accident The following nominees to this City body currently are in
on the Route 198 Expressway in the City of Buffalo. At the arrears to the City:
scene, Mr. Castro was standing off the Expressway when he Name Amy Prentiss
was struck by a vehicle owned by John L. Trost and driven by Review of Nominees for
Kimberly Trost. Mr. Castro was thrown over the top of the REFERRED TO THE COMMITTEE ON LEGISLATION
Trost vehicle at a height of approximately 15 feet.
Mr. Castro suffered serious injuries to his back and right leg as NO.51
a result of the accident. Among other things, he suffered a APPOINTMENTS--VARIOUSAGENCIES
separation of the right medial meniscus and a disc herniation at C.C.P.,2/4/98,NO.4
the lumbar spine. Mr. Castro underwent diagnostic C.C.P.,2/17/98,NO.2
arthroscopy of his right knee and a discectomy and fusion of a The Corporation Counsel conferred with the Division of
lumbar disc using bone extracted from his right hip. After Collections and reports (as verified by that Division as of March
these surgeries and additional medical treatment, he applied for 2, 1998) that the following nominees for the following boards
a disability retirement and on May 19, 1993 the State approved have satisfied their debts to the City:
his disability retirement after a finding that he is "permanently Name City Board
incapacitated for the performance of duties". Rodney Richardson Buffalo Urban Renewal Agency
Mr. Castro commenced an action against the Trosts to recover Warren K. Galloway Buffalo Water Board.
for the pain and suffering he has endured as a result of the REFERRED TO THE COMMITTEE ON LEGISLATION
accident. The City commenced an action against the Trosts to
recover wages paid to Mr. Castro. The City's claim for wages FROMTHECOMMISSIONEROFCOMMUNITY
is limited by New York State NoFault Insurance Law which DEVELOPMENT
prohibits full recovery for wages paid. It is estimated that the NO.52
City's claim in this case is in the approximately amount of SOLICITATIONOFFUNDSPERMIT
$50,000.00. Attached is an application for Solicitation of Funds for Ninety
Based on the facts of the accident, the insurance company for One Charity Golf Classic to solicit funds in the Buffalo area
the Trosts, Phoenix Insurance Company, offered the full from April 15, 1998 to May 15, 1998. In accordance with
amount of the policy, namely, $50,000.00 to dispose of all Chapter 316, Article VI of the city of Buffalo Ordinances, I
claims. After investigation, it has been determined that the hereby refer this matter to your Honorable Body.
Trosts have no assets on which a judgment could be executed RECEIVED AND FILED
to satisfy both the City and Mr. Castro's claim. As a result, the
$50,000.00 policy limit makes it apparent that the City and Mr. NO.53
Castro must accept an amount less than the full value of their RESTAURANTDANCINGCLASSIII
claim and work out an appropriate distribution of the 69DELAWARE
$50,000.00. Pursuant to Chapter 150 of the City of Buffalo Ordinances,
After extensive discussions with the attorney representing Mr. please be advised that I have examined the attached
Castro, it has been proposed that the City receive $9,000.00. application for Restaurant Dancing Class III located at 69
Considering standard attorney's fees in this type of action, this Delaware and find that as to form it is correct. I have caused
distribution would leave Mr. Castro with approximately an investigation into the premises for which said application for
$24,000.00. Based on the severity of Mr. Castro's injuries, this Restaurant Dancing Class III is being sought and according to
amount is significantly less than what a jury would likely award the attached reports from the Fire Department and the Building
him for past and future pain and suffering. In that the City has Inspector, I find it complies with all regulations and other
already received $4,000.00 on our claim, we would be receiving applicable laws. I have caused and investigation by the Police
an additional $5,000.00 under the proposed disposition for a Department into the moral character of James E. Daniels. The
total of $9,000.00. report from the Police Department recommending approval is
In that this matter is not a claim against the City, it should be attached hereto for James E. Daniels, D/B/A SAVOY at 69
submitted to the Finance Committee not the Claims Committee. Delaware. This request is submitted for your consideration and
Based on the above, this office recommends that the City whatever action you deem appropriate.
accept $9,000.00 to satisfy its claim in this case. REFERRED TO THE COMMITTEE ON LEGISLATION
REFERRED TO THE COMMITTEE ON FINANCE
NO.54
NO.48 PERMISSIONTOENTERINTOCONTRACTWITH
REVIEWOFNOMINEESFOR CONSOLIDATEDRAILCORPORATIONFORTHE
APPOINTMENTS--BUFFALOURBAN SCAJAQUADAPATHWAYPHASE2
RENEWALAGENCY The second phase of the Scajaquada Pathway will travel
C.C.P.,2/17/98,NO.2 under the Consolidated Rail Corporation bridge, used by
The Corporation Counsel conferred with the Division of Amtrak crossing Scajaquada Creek. As part of our
Collections and reports (as verified by that Division as of construction Consolidate Rail will incur expenses for
February 19, 1998) that the following nominee for the Buffalo engineering, inspection, track work, bridge redecking, flagging,
Urban Renewal Agency currently is in arrears: etc. They have estimated their cost at $146,750.
Name Rodney Richardson. I, therefore, request permission to enter into a contract with the
REFERRED TO THE COMMITTEE ON LEGISLATION Consolidated Rail Corporation in the amount of $146,750.
Actual costs will be determined by their expenses and billed
NO.49 accordingly.
REVIEWOFNOMINEESFOR Funds for this contract are available in C.P.A. 200-717-532.
APPOINTMENTS--CITYPLANNINGBOARD REFERRED TO THE COMMITTEE ON FINANCE
C.C.P.,2/17/98,NO.3
The Corporation Counsel conferred with the Division of NO.55
Collections and reports (as certified by that Division as of ROOSEVELTPARK
February 19) that the following nominees for the City Planning REPORTOFBIDS
Board currently do not owe the City any debts in arrears: I hereby request permission to take bids for the above
Name Rev. S. Theodore Berg project; and have asked for and received the following bids for
The following nominees to this City body currently are in renovation work to the grounds and facilities of Roosevelt Park
arrears to the City: on February 19, 1998.
Name James K. Morrell COMPANY BASE BID
REFERRED TO THE COMMITTEE ON LEGISLATION Suburban Blacktop Service $35,834
12977 Warner Hill Road, South Wales, NY 14139
NO.50 Visone Construction Inc. $40,250
REVIEWOFNOMINEESFOR 79 Sheldon Avenue, Depew, NY 14043
APPOINTMENTS--JESSEKETCHUM Nichter Associates Inc. $43,000
MEMORIALFUNDBOARD 344 Vulcan Street, Buffalo, NY 14207-1327
C.C.P.,2/17/98,NO.4 GBH Paving Inc. $43,680
The Corporation Counsel conferred with the Division of 24 Willow Green Drive, Amherst, NY 14228
Collections and reports (as certified by that Division as of North Boston Construction $46,314
February 19) that the following nominees for the Jesse 7440 Boston State Road, Hamburg, NY 14075
Ketchum Memorial Fund Board currently do not owe the City Scott Lawn & Yard Inc. $46,983
5552 Townline Road, Sanborn, NY 14132 As a matter of disclosure, Mr. D'Orlando is an employee of the
Thomann Asphalt & Paving $48,854 Buffalo Urban Renewal Agency. He has provided all required
56 Gunnville Road, Lancaster, NY 14086 information and followed all procedures to acquire this property.
Gleason's Nursery, Inc. $48,914 I am recommending that Your Honorable Body approve the sale
4780 Sheridan Drive, Williamsville, NY 14221 of a portion of 41 South Pierce Street, 245' x 56’ to Mr. Paul
CONSULTANT'S ESTIMATE..... $40,000 D'Orlando in the amount of Thirty Six Hundred Dollars
I hereby certify that the foregoing is true and correct statement ($3,600). I am further recommending that the Corporation
of the bids received and that Suburban Blacktop Services is the Counsel prepare the necessary documents for the transfer of
lowest responsible bidder at the base bid amount of $35,834 in title and that the Mayor be authorized to execute the same.
accordance with the plans and specifications. Funds for this Mrs. LoTempio moved:
work are available in the City Bond Fund Account No. 200-717-That the above communication from the Commissioner of
054 Community Development dated February 26, 1998, be received
I therefore recommend that Your Honorable Body authorize the and filed- and
Commissioner of Community Development to order the work to That the offer from Mr. Paul D'Orlando, residing at 123 Greene
Suburban Blacktop Services of 12977 Warner Hill Road, South Street, in the sum of Three Thousand and Six Hundred Dollars
Wales, NY 14139 on the basis this report of bids. ($3,600.00) for the sale of 41 South Pierce, be and hereby is
That the above communication from the Commissioner of accepted; and
Community That the appraisal requested by the City of Buffalo shall be paid
Development dated February 19, 1998, be received and filed; by the purchaser; and
and That the transfer tax, recording fees and cost of legal
That the Commissioner of Community Development be, and he description shall be paid by the purchaser- and
hereby is authorized to award a contract for Roosevelt Park, to That the Corporation Counsel be authorized to prepare the
Suburban Blacktop Services, the lowest responsible bidder, in necessary documents for the transfer of title and that the Mayor
the amount of $35,834. Funds for this project are available in be authorized to execute the same, in accordance with the
the City Bond Fund Account No. 200-717-054. terms of sale upon which the offer was submitted.
PASSED PASSED
AYES- 12 NOES- 0 AYES- 12 NOES- 0
NO.56 NO.58
RESULTOFNEGOTIATIONS REVIEWOFAPPLICATIONFORVARIANCEFOR
328MORTIMER,2241S.OFGENESEELOTSIZE:331X1715JEFFERSONAVENUE
158,ASSESSEDVALUATION:LAND-$2,000 ITEMNO.10,C.C.P.2/3/98
The Department of Community Development, Division of In- In response to your resolution for a review of the application
Rem Properties, has received a request to purchase the above for a Variance for 1715 Jefferson Avenue I would like to provide
referenced vacant lot from Clinton S. Reid and Linda M. Reid. the Honorable Common Council with tile following information.
They intend to purchase and use for extra yard area next to On October 25, 1996, an application was made for a Permit at
their home at 330 Mortimer. 1715 Jefferson for a Store/Take Out Restaurant/one (1)
The Department of Community Development and the Division apartment. As a result of this application the Corporation
of Collections have no objection to the sale. There are no Counsels Office was asked for an interpretation whether this
building code violations, taxes or other liens owed to the City of property is required to be reviewed by the Hamlin Park Overlay
Buffalo by the purchasers. District and their answer was no. They Did go on to say that a
An independent appraisal of the property was conducted by Mr. variance was required by the Zoning Board because of the
David A. Burnett, Appraiser. He has estimated the value of the expansion of a non-conforming use.
property to be $500, or Fifteen Dollars ($15.00) a front foot for On December 18, 1996, the Zoning Board of Appeals granted
the subject property. The Division of In-Rem Properties has approval to die owner for tile expansion of die store and use for
investigated the sales of similar properties in the area. Sale a Take-out Restaurant.
prices range from $30 to $36 a square foot. On April 14, 1997, the building permit was issued and the
The results of our negotiations are that the Reids' have agreed owner was able to begin work.
and are prepared to pay Nine Hundred Ninety Dollars ($990) On May 21, 1997, ail appeal from Councilmember Byron Brown
for the property, Thirty Dollars ($30.00) a front foot. They have to disallow the building permit was brought before the Zoning
also agreed to pay for the cost of the appraisal, transfer tax, Board of Appeals and was again approved by the Zoning Board
recording fees and the cost of the legal description. allowing tile owner of 1715 Jefferson to continue working and
I am recommending that Your Honorable Body approve the sale use the building as a deli.
of 328 Mortimer to Mr. and Mrs. Reid in the amount of Nine On April 29, 1997, the owner obtained a building permit to
Hundred Ninety Dollars ($990). I am further recommending install three new windows and a new front door $800.00.
that the Corporation Counsel prepare the necessary On May 2, 1997, the owner obtained a building permit to
documents for the transfer of title and that the Mayor be remodel front facade, point brick, repair steps, and install new
authorized to execute the same. rear entrance door $2,000.00,
REFERRED TO THE COMMITTEE ON FINANCE On March 13, 1997, an application was submitted to permit
office for an illuminated awing sign at front. Denied by Zoning
NO.57 Board.
RESULTOFNEGOTIATIONS The items and dates above are a list of permits and events that
41SOUTHPIERCE,SOUTHCORNEROFSEWARD has led tip to die present resolution in Council today.
LOTSIZE:345X56 In response to the Corporation Counsels letter to
ASSESSEDVALUATION:LAND-$2,600 Councilmember Byron Brown, dated December 16, 1996, 1 am
The Department of Community Development, Division of In-in full agreement. The Hamlin Park Overlay Review District did
Rem Properties, has received a request from Mr. Paul not have to review this application, not only because it was
D'Orlando, 123 Greene Street, Buffalo, New York 14206, to under $5,000.00 but there was also no change of use.
acquire a portion of the above captioned property, 245 x 56, to According to Chapter X Section 701.413 of the New York State
construct a new home. The City of Buffalo will retain a 56' x Uniform Fire Prevention and Building Code, a deli (store) and a
100' set back from the Buffalo River for public access. take-out restaurant are one ill tile same and no use change is
The Department of Community Development and the Division required. The reason it went to the Zoning Board was because
of Collections have no objection to the sale. The property is not tile owner was expanding the non-conforming use.
needed for public purposes, there are no outstanding building Chapter 511,55 is a section that deals with Restricted Uses
code violations, taxes or other liens owed to the City by the only, therefore die property at 1715 Jefferson is a
purchaser. nonconforming use and does not have to comply with this
An independent appraisal of the property was conducted by section.
Frank A. Pirritano, appraiser. He has estimated the value of Chapter 511. - 68.1 of tile City Ordinances deal strictly with the
the parcel to be Thirty Six Hundred Dollars ($3,600). The Hanifin Park Overlay Review District and spell out all
Division of In-Rem Properties concurs with the appraisers determining factors relating to permits and work done within its
estimate of value. boundaries. Again I have to specify that nonconforming uses
Mr. D'Orlando has agreed and is prepared to pay Thirty Six (such as 1715 Jefferson) are not mentioned or addressed ill
Hundred Dollars ($3,600) for the parcel 245 x 56 He has this section. Restricted uses are mentioned and also tile cost
submitted approved plans and financing for the construction of of work at $ 10,000.00 is mentioned which Would trigger the
the home. He has also agreed to pay for the cost of the use of Chapter 511.55 that is not necessary.
appraisal, transfer tax, recording fees and cost of the legal As of the nonconforming use being vacated for more than a
description. year, the Zoning Board of Appeals addressed this not once, but
also a second time on ail appeal from Councilmember Byron and proper paperwork will be filed to rectify any shortcomings
Brown's office. The selling was in favor of the owner because in reference to the code sections under consideration. Please
there was insufficient evidence regarding the One year also be advised that upon completion of this research and
absence. application to the States Codes Division your Honorable Body
In conclusion I would like to state that this building has been will be informed immediately as to the result of this process. It
watched very closely by the Building Inspectors to ensure .that is my sincere hope that this response satisfies your inquiry.
it meets all code requirements and plans that were approved. It REFERRED TO THE COMMITTEE ON LEGISLATION
has been a topic of discussion several times by tile 'Corporation
Counsels Office, tile Permit Office, tile Zoning Board, and the NO.62
Division of Inspections. At this time the Department of CITYEMPLOYEESORRELATIVE(S)OFCITYEMPLOYEE
Community Development, Division of Inspections, Licenses, RECEIVINGREHAB.LOANORNEWHOUSINGLOANS
and Permits will continue to investigate any complaints that are Kimberly Duke New Housing Purchaser PROP: 445
brought to Our attention but agrees with the Zoning Board of GENESEE ST.
Appeals. Ms. Duke is an Account Clerk with Buffalo Urban Renewal
REFERRED TO THE COMMITTEE ON LEGISLATION Agency, Div. of Financial Control of Agencies.
Walter Jones, New Housing Purchaser, PROP: 302 PRATT
NO.59 ST.
ORDINANCEAMENDMENTCHAPTER103-11 Mr. Jones is a Firefighter for the Buffalo Fire Department.
PLANSANDSPECIFICATIONS Joel Mercado, New Housing Purchaser, PROP: 244 WILLIAM
ITEM#210.C.C.P.FEBRUARY ST.
In response to the above stated Common Council Mr. Mercado is a Teacher employed by the Buffalo Board of
Communication I would like to supply your Honorable Body with Education.
the following information. The above mentioned Common Rachelle Brown, Neighborhood Focus Program (Rehab)
Council resolution stated "numerous problems and complaints PROP: 97 GREY ST.
have occurred as a result of contractors proceeding with on Ms. Brown is an Officer with the Buffalo Police Department.
going construction projects while not adhering to City approved Clyvette Grayson, New Housing Purchaser, PROP: 108
plans for a site". We are aware of the situation and agree that ONEIDA ST.
this proposal may indeed solve some of the discrepancies Ms. Grayson is a Teacher employed by the Buffalo Board of
experienced at some construction job sites. The two sets of Education.
plans that are currently submitted and approved are distributed Katherine Barker, New Housing Purchaser, PROP:
as follows. one set is on permanent record in the Permit Office. PROSPECT AVE.
The second set of plans are placed in the charge of the Ms. Barker is employed as a Clerk with the Department of
Building Inspector assigned to the project. As The Building General Services.
Inspector is in possession of a copy of the approved Annie Kate Parker, 398 Adams St. Buffalo New York 14212
construction documents we feel that a third set of plans that Ms. Parker's sister, Florine Baker, is employed by the Board of
would be kept on the job site would avoid confusion and Education as a Teacher.
miscommunication between inspection personnel and the Mary Guido, 66 Hoyt Street, Buffalo New York 14213
contractor performing the work.. On large jobs with the luxury Nephew, Gregory Guido, is employed by the City of Buffalo,
of a construction office trailer, it is common to keep the Sanitation Dept.
approved set of plans in a safe and secure place that is readily Constance Toy, 18 Boone Street, Buffalo New York 14220
available for quick reference. on smaller projects, it is standard Ms. Toy's mother, Dale Steele, is employed by the Board of
practice for the inspector to keep the plans in a safe place of Education --position not stated.
his own design. On smaller job sites, It shall become the Michael & Barbara Wierman, 30 Greenwood Pl., Buffalo NY
responsibility of the contractor to provide that the approved set 14213
of plans are readily available on the job site by city of Buffalo Barbara Wierman is employed by the Board of Education as a
personnel. The added expense that the contractor or developer Teacher's Aide.
may incur for an additional set of plans is money well spent. Francisco Guzman, New Housing Purchaser, PROP: 259
Please be advised that this change has the full support of the ABBY ST.
Department of Community Development, Division of Mr. Guzman is a Project Manager with the Dept. of Community
Inspections, Licenses and Permits. It is my sincere hope that Development.
this response satisfies your inquiry. Valaine Perez, 128 Shoshone St., Buffalo New York 14214
REFERRED TO THE COMMITTEE ON LEGISLATION NEW HOUSING PROPERTY: 337 TAUNTON PL.
Ms. Perez is employed by the Common Council Staff as
NO.60 Councilmember Coppola's Secretary.
GRAFFITIORDINANCE Henrietta Wilson, 74 W. Parade St., Buffalo New York 14208
ITEM#227,C.C.P.FEBRUARY17,1998 Nephew, Artie Harris, is a Firefighter for the Buffalo Fire
In response to the above stated Common Council Department.
Communication, I would like to supply your Honorable Body Amanda Ruff, 9 Norway Park, Buffalo New York 14208
with the following information. After review of the proposed Ms. Ruff's daughter, Valerie Ruff, is employed by the Council
"Graffiti Ordinance", we in the Department of Community Staff as a Secretary.
Development agree that the situation concerning this type of Joyce W. Hollis, 59 Linden Park, Buffalo New York 14209
vandalism is out of control and should have legislation in place Ms. Hollis is employed by Fillmore Leroy Area Residents as a
to curb it. Secretary.
If we can be of any assistance in this matter, the staff of the Mary Smith, 439 Wohlers Avenue, Buffalo New York 14208
Division of Inspections, Licenses and Permits is available to Ms. Smith is employed by the Board of Education, position
assist in any way possible. It is my sincere hope that this Food Service.
response satisfies your inquiry. REFERRED TO THE COMMITTEE ON COMMUNITY
REFERRED TO THE COMMITTEE ON LEGISLATION DEVELOPMENT
NO.61 NO.63
CITYFIREPREVENTIONANDBUILDINGCODE BUFFALOINDUSTRIALPARK
ITEM#257.C.C.P.FEBRUARY17,1998 APPROVALOFCONTRACTFORSALEOFLAND
In response to the above stated Common Council GEMINIFINISHERS,INC.
Communication I would like to supply your Honorable Body with The City of Buffalo Urban Renewal Agency duly designated
the following information. Meetings held between the Gemini Finishers, Inc. and/or joint venture, partnership,
Department of Community Development and the Department of corporation or other legal entity to be formed as the qualified
Law have dealt with the possibility of our ordinance being and eligible Redeveloper for the subject parcel.
deficient. At no time at these discussions has it been The Agency has also determined that the proposed Land
mentioned that the current laws and ordinance being Disposition Agreement negotiated by the Agency and the
implemented by the Division of Inspections Licenses and Pen-Redeveloper is satisfactory.
nits are not enforceable. Current research is being performed Please be advised that in accordance with the provisions of
by representatives of the Department of Law with assistance Article 15A of the General Municipal Law, it is now necessary
from staff of the Department of Community Development. for your Honorable Body to set a date for a public hearing, and
Current code sections that are more restrictive are currently to direct the publication of a notice of said hearing. In the
being reviewed as to the applicability and relation to the New interest of time and anticipating that Your Honorable Body is
York State Fire Prevention and Building Code. I would like to willing to expedite this matter, I have taken the liberty to prepare
inform your Honorable Body that the research, implementation a Resolution together with a Notice of Public Hearing for your
action.
Forwarded herewith are the following documents: NO.67
1. Resolution setting Public Hearing RESCINDINVOICENO.ARG00145-502MONROEST.
2. Notice of Public Hearing Please note that the Department of Street Sanitation has filed
3. Resolution approving proposed Land Disposition Agreement a transfer of all grass cutting invoices to the Assessment
4. Proposed Land Disposition Agreement Department on January 4, 1998. All abatements of grass
After the Public Hearing is held, Your Honorable Body may cutting invoices must be done by Assessment at this date.
adopt a Resolution authorizing the disposition of the land to the REFERRED TO THE COMMITTEE ON FINANCE
Redeveloper, which the Agency has designated as being
qualified and eligible NO.68
REFERRED TO THE COMMITTEE ON COMMUNITY CERTIFICATEOFAPPOINTMENT
DEVELOPMENT Appointment Effective February 23 , 1998
NO.64 in the Department of' Street Sanitation, Equipment Operator,
DOWNTOWNENTERTAINMENT Provisional Promotion, Maximum
DISTRICT Ronald J. Miller, 308 Fayette Ave., Buffalo, New York 14223
APPROVALOFCONTRACTFORSALEOFLAND Thomas A. Weimer, 227 Brookside Drive, Buffalo, NY 14220
86W.CHIPPEWA,L.P. William J. Deschenes, 98 Laurentian Dr. Cktg., N.Y. 14225
The City of Buffalo Urban Renewal Agency duly designated Equipment Operator( Temp)
86 W. Chippewa, L.P. and/or joint venture, partnership, Douglas M. Ryan, 67 Slate Creek Dr.# 11, Cktg., NY 14227
corporation or other legal entity to be formed as the qualified REFERRED TO THE COMMITTEE ON CIVIL SERVICE
and eligible Redeveloper for the subject parcel.
The Agency has also determined that the proposed Land FROMTHECOMMISSIONEROFADMINISTRATIONAND
Disposition Agreement negotiated by the Agency and the FINANCE
Redeveloper is satisfactory. NO.69
Please be advised that in accordance with the provisions of APPOINTMENT-ACTINGCITYTREASURER
Article 15A of the General Municipal Law, it is now necessary I am hereby appointing Joanne Cavalieri, 115 Frontenac,
for your Honorable Body to set a date for a public hearing, and Buffalo NY 14216 as Acting Director of the Division of the
to direct the publication of a notice of said hearing. In the Treasury, Joanne will replace Marilyn Smith who resigned this
interest of time and anticipating that Your Honorable Body is afternoon.
willing to expedite this matter, I have taken the liberty to prepare RECEIVED AND FILED
a Resolution together with a Notice of Public Hearing for your
action. NO.70
Forwarded herewith are the following documents: ORD.AMEND.CH.137CODEENFORCEMENT
1. Resolution setting Public Hearing #169C.C.P.DEC.23,1997)
2. Notice of Public Hearing I am responding to changes and additions concerning the
3. Resolution approving proposed Land following two ordinances:
Disposition Agreement Sidewalks not cleaned of ice and snow - Chapter 413 - Section
4. Proposed Land Disposition Agreement 50 - This request is to move the fines for this ordinance from
After the Public Hearing is held, Your Honorable Body may $10.50 to $30.00. $10.50 is not sufficient to cover the
adopt a Resolution authorizing the disposition of the land to the administrative cost to enforce this violation. A ticket is issued
Redeveloper, which the Agency has designated as being and up to four notices are sent. Furthermore, this office
qualified and eligible receives numerous complaints of injuries caused as a result of
REFERRED TO THE COMMITTEE ON COMMUNITY unshoveled sidewalks. Most of these injuries are to senior
DEVELOPMENT citizens or children who have slipped and fallen on ice and
would have been prevented had the sidewalks been shoveled.
NO.65 It is evident that the severity of this ordinance and the safety of
CITYTODOOUROWNDEMO’S the citizens far exceed the $10.50 fine now imposed.
I believe this is a long over due proposal and will be good for Deposits on streets or public places prohibited - Chapter 413 -
everyone. Here is a list of things that need to be done and Section 4 - This request is to place this violation in Class C
some reasons why. along with the other similar violations under Chapter 413. It
One. The First thing that needs to be done is get Kathy Palka appears that the fine schedule for Chapter 413, Section 4 was
some help. Her dept. must be modernized they are still overlooked when the fine schedule was established for Chapter
keeping track of all of these accountants receivable on 3x5 413, Sections 1, 2, 3, 5, 7, 8, 10, 11 and 12. The Police
cards, this is ridiculous. Department in particular has expressed an interest in Chapter
Her dept is responsible for tracking huge amounts of funds but 413, Section 4 due to the fact that they are frequently called
has no way to keep track of them. She needs new computers with complaints of homeowner or tenant depositing substances
and the associated software and some more people. (i.e, trash, mounds of snow or leaves) into the street in front of
Two. Stop taking on more properties to demolish through city their home or a neighbors home, usually blocking a parking
funding. We can not demolish these properties any better or space.
more timely than the property owners themselves. The other fine schedules were the recommendation of Pat Sole
Three. The city should do residential demolition’s themselves. of the License Department and he should respond directly to
We could probably get a better price per building and even if those items.
we don't we would be able to employa number of city REFERRED TO THE COMMITTEE ON LEGISLATION
residents.
This would also give us the ability to do a much better job with NO.71
the final grading and landscaping, leaving a nice, clean and EXPLOREFEASIBILITYOFPERFORMING
safe lawn Instead of a Martian landscape of debris and ground-DEMOLITION’SBYCITYDEPARTMENTS
up rubble just dumped into a hole and left. #253,CCP2/17/98
I BELIEVE WE COULD DO A MUCH BETTER JOB I would certainly be willing to discuss the feasibility of the City
Four. We also need to Install dedicated funding for acting as a demolition contractor. I believe that the most
demolition’s for the foreseeable future not some kind of hit or troublesome issues raised to date about this idea have come
miss, now you have It now you don't funding. from the Law Department, in terms of the liabilities created both
Last year we fore down over 700 properties between city and with respect to accident/injury to City employees and from
private employee/general public exposure to airborne asbestos. I
This was a fantastic year and helped revitalize good streets suggest that a good amount of time be devoted to a discussion
where 1 or 2 properties were terrorizing good of these objections, at a minimum; of course, there would be
people. additional cost associated with these liabilities and any sort of
We must make a commitment to continue along these lines. training/preventative measures associated with them.
REFERRED TO THE COMMITTEE ON BUDGET I would be happy to participate in any discussion that might
occur on this subject.
NO.66 REFERRED TO THE ON BUDGET.
GRASSCUTTINGINVOICETRANSFERS
I am requesting the attached list of invoices be abated from FROMTHECOMMISSIONEROFHUMANSERVICES,
the accounts PARKSANDRECREATION
receivable records as they have been transferred to local NO.72
assessment. APPOINTMENTOFSR.DEPUTYCOMMISSIONER
REFERRED TO THE COMMITTEE ON FINANCE I hereby nominate Donald 0. Allen to the position of Senior
Deputy Commissioner of Human Services, Parks & approval of the New York State Department of Civil Service.
Recreation. 3. This revision came about for the following reasons:
Mr. Allen resides at 360 Davidson Ave., Buffalo, N.Y. 14215. - advisement from New York State Department of Civil Service
Effective date is February 23, 1998 at the starting salary of to change this method because it was not fair for all
$58,301. candidates; - requests from departments (i.e. Buffalo Police
RECEIVED AND FILED Department and Buffalo Fire Department) and their respective
AYES-10 BROWN, COPPOLA, FONTANA, FRANCZYK, unions;
HELFER, KAVANAUGH, LOTEMPIO, MANLEY, QUINTANA, THE CITY OF BUFFALO IS AN EQUAL OPPORTUNITY
ZUCHLEWSKI NOES- 2 GRAY, PITTS EMPLOYER
- complaints from candidates (mainly current Police Officer and
NO.73 Firefighter employees) due to work schedules and inability to
JOHNSONPARKIMPROVEMENTFUND file an application on the first filing date of an exam (to break
On January 29, 1998, Bob O'Hara, City Architect, made the ties).
division of Forestry aware of Shea's Expansion. Twelve healthy The Commission recently researched for the best and fairest
Bradford Pear trees were to have been destroyed. way to break ties (for both open competitive and promotional)
Peter Pasnik, City Forester, contacted Shea's and the civil service exams, without adverse effect on all applicants and
Contractor and efforts were made to save the trees. this method was
Informal bids were taken by facsimile mail on February 4th and selected.
5th, 1998, with the following results: REFERRED TO THE COMMITTEE ON CIVIL SERVICE
Instant Tree $238.00 per tree
50 Hickory Hill, Elma, New York FROMTHEBUFFALOSEWERAUTHORITY
Richard F. Maul, Inc. $261.50 per tree NO.76
3735 Baker Rd., Orchard Park New York PASTORTROYA.BRONN
Davey Tree no bid Please be advised that Pastor Troy A. Bronner will not be
1200 Commerce Pkwy., Lancaster, N.Y. attending his confirmation appointment today. He is scheduled
On February 6th, 1998 authorization was given to Instant Tree, on the agenda as Item #59. The Pastor informed me today that
in view of their low bid, to remove the trees and replant them in due to the nature of his community commitments, he is unable
Johnson Park. This immediate action was taken to save the to fulfill the requirements needed to serve as a Buffalo Sewer
trees, improve Johnson Park and allow Shea's expansion to Authority Board Member.
continue as scheduled with a minimum of delay and I am sorry for any inconvenience that I have caused you or the
inconvenience. Committee. If you have any questions or concerns, please do
Due to the emergency nature of this work, payment will be not hesitate to contact me.
made to Instant Tree, RECEIVED AND FILED
150 Hickory Hill, Elma, N.Y. in the amount of $ 2,856.00 from
Johnson Park Improvement NO.77
Bond Fund Account NO. 200601030. BOUIE-DEMO.-280JEWETT
Mrs. LoTempio moved: #87C.C.P.FEB.17,1998
That the above communication from the Commissioner of Please find attached a memorandum from Anthony J.
Human Services, Parks and Recreation dated February 24, Barone, Director of Sever Maintenance for the Buffalo Sewer
1998, be received and filed, and Authority, regarding the above referenced matter.
That the Commissioner of Human Services, Parks and If you have any questions, or require additional information,
Recreation be, and he hereby is authorized to award a contract please do not hesitate to contact me.
to remove trees and replant them in Johnson Park, to Instant REFERRED TO THE COMMITTEE ON LEGISLATION AND
Tree, the lowest responsible bidder, in the amount of DEMOLITION TASK FORCE
$2,856.00, with said cost to be charged to Johnson Park FROMTHECITYCLERK
Improvement Bond Fund Account No. 200601030. NO.78
PASSED AYES- BCTVBUDGET
12 NOES- 0 Attached please find a preliminary copy of the BCTV
financial statements for the 1997 and 1998 fiscal years, as
FROMTHECOMMISSIONEROFGENERALSERVICES prepared by Amato & Co. More information will be forthcoming
NO.74 as it is provided by Amato.
AUCTIONOFVEHICLES/EQUIPMENT REFERRED TO THE SPECIAL COMMITTEE ON
The Department of General Services will be conducting an TELECOMMUNICATIONS
auction for the sale of surplus/scrap vehicles and equipment
from various City of Buffalo Departments. We are requesting NO.79
your approval prior to the sale, to dispose of these items to the TCI-BCTVSUITABLELOCATION
highest responsible bidders. Most vehicles are good for parts NO.100,C.C.P.,2/17/98
only. The approval is necessary so that we may facilitate the Buffalo Community Television (BCTV) is currently finalizing
disposal of these vehicles to prevent any vandalism. plans for moving to a new location in accordance with TCFs
Photographs of the items will be taken before the sale. wishes that the organization vacate 101 LaSalle Ave. by March
That the above communication from the Commissioner of 31, 1998. BCTV has looked at a number of potential new sites
General Services dated February 24, 1998, be received and for the public access operation over the past few months. The
filed; and leading candidate at this point appears to be a privately owned
That the Commissioner of General Services be, and he hereby building in the vicinity of Main and East Utica Sts. The board
is authorized to dispose of surplus/scrap vehicles and expects to take final action regarding the new site at its next
equipment from various City of Buffalo departments, to the meeting, to be held the evening of Tuesday, March 3, 1998.
highest responsible bidders. BCTV has been requested to work with the Comptroller's
PASSED AYES- Office and James Amato & Co. to develop a budget that takes
12 NOES- 0 into consideration the costs associated with the move.
BCTV has also been requested to work with the
FROMTHECIVILSERVICECOMMISSION Comptroller's Office and TCI to compete an updated inventory
NO.75 of equipment prior to the move.
ITEM#255,CCPFEBRUARY17,1998 Attached please find Amato's preliminary financial
"CHANGETIEBREAKINGMETHODFORCIVILSERVICEstatements for the 1997 and 1996 fiscal years. The firm has
EXAMS" been requested to provide this Council with all other relevant
In response to your inquiry regarding the above item, be financial reports and documents regarding BCTV as soon as
advised of the following: possible.
1. A public hearing to change Rule 12, Section 6 of the If you require any further information do not hesitate to call.
Rules for the Classified Civil Service of the City of Buffalo was REFERRED TO THE SPECIAL COMMITTEE ON
held on April 30, 1997. By law, this meeting was published in TELECOMMUNICATIONS
the Buffalo News 30 days in advance of the hearing date
(March 28, 29, and 30, 1997). All departments, divisions, and NO.80
unions were notified of this hearing. David Czajka, Civil DISPOSITIONOFCITYRECORDS
Service Committee Chairman and Rosemarie LoTempio, The following departments have requested to dispose of City
Majority Leader,,Were notified of this meeting. Records as indicated on the attached forms. Based on the
2. Revision of local civil service rules and regulations is information provided I have authorized the disposition of these
the sole responsibility of the Civil Service Commission with the records in my capacity as City Records
RECEIVED AND FILED. the position of Attendant, temporary at the flat starting salary of
$5.15 p/h
NO.81 Thessalonia Ware, 35 Buffalo Lane, Buffalo, NY 14203
LIQUORLICENSEAPPLICATIONS Appointment Effective: February 17, 1998, in the
Attached hereto are communications from persons applying Department of Human Services, Parks & Recreation, Division
for liquor licenses from the Erie of Youth, to the Position of Liguard, Seasonal, Non-
County Alcohol Beverage Control Board. Competitive, at the: Flat Starting Salary of: $ 5.20 p/h
Address Business Name Owner's Name Nicholas Bertini, 38 Hubbell, Buffalo 14220
454 Pearl St. JGB,INC. John Bousquet Appointment Effective: February 19,1998, in the Department
282 Amherst St. George Kotrosan of Human Services, Parks & Recreation, Division of Youth, to
RECEIVED AND FILED the Position of Supervisor, Temporary, at the: Flat Starting
Salary of: $ 6.00 p/h
NO.82 Melissa Nicpon, 27 Newton, Buffalo 14212
LEAVESOFABSENCEWITHOUTPAY Appointment Effective: February 19, 1998, in the
I transmit herewith notifications received by me, reporting the Department of Human Services, Parks & Recreation, Division
granting of the leaves of absence without pay, in the various of Youth, to the Position of Attendant, Temporary Appointment,
departments as listed: at the: Flat Starting Salary of: $ 5.15 p/h
Public Works- Rose Marie Rivera, Patricia Parker, 757 Smith, Buffalo 14206
Police- John C. DoyLe, NicoLe S. Jones, MyrtLe Lynette Melissa Bachert, 156 James, Buffalo 14210
Barney, Joshuwa Trzecki, 88 Southside, Buffalo 14210
Corporation Counsel- Karen Ann Hawthorn Lynn Parker, 759 Smith, Buffalo, NY 14206
RECEIVED AND FILED Michelle Nicpon, 40 Semour, Buffalo 14210
Appointment Effective: February 19, 1998, in the
NO.83 Department of Human Services, Parks & Recreation, Division
REPORTSOFATTENDANCE of Youth, to the Position of Attendant, Temporary Appointment,
I transmit herewith communications received by me, from at the: Flat Starting Salary of: $ 5.15 p/h
the various boards, commissions, agencies and authorities Caroline Kozakiewicz, 76 Stevenson, Buffalo 14220
reporting the membership attendance at their respective Josephine Gandolfo, 1251 Massachusetts, Buffalo 14213
meetings: Joan Barone, 85 Hertel, Buffalo 14207
Buffalo Sewer Authority Arnetta Hicklin, 72 Bennett Village Terrace, Buffalo 14214
City Planning Board Appointment Effective: February 19, 1998, in the
RECEIVED AND FILED. Department of Human Services, Parks & Recreation, Division
of Youth, to the Position of Lifeguard, Seasonal Non-
NO.84 Competitive, at the: Flat Starting Salary of: $ 5.20 p/h
NOTICESOFAPPOINTMENTS-COUNCILINTERNS Terrance Simmons, 50 Elmer, Buffalo 14215
I transmit herewith appointments to the position of Council Irving Scrivens, 311 Cornwall, Buffalo 14215
Intern.
Mrs. LoTempio moved the approval of the appointments to Appointment effective February 23,1998, in the Department
the position of Council Intern. of Human Services, Division of Recreation, Supervising
ADOPTED. Lifeguard, Temporary Appointment, at Flat Salary $5.98
Appointment Effective: February 17, 1997, in the Colleen Lalley, 21 Edgewood, Buffalo 14220
Department of Common Council, to the Position of Intern IV Appointment Effective: February 24 1998, in the Department
Seasonal, Non-Competitive at the Flat Starting Salary of $6.00 of Human Services, Parks & Recreation, Division of Youth, to
per hr. the Position of Attendant, Temporary Appointment, at the: Flat
Amy Zuchlewski, 311 Roesch Ave, : Buffalo, 14207 Starting Salary of: $ 5.15 p/h
Len Tatum, 76 Sussex, Buffalo 14215
NO.85 Darryl Gaiter, 77 Parkside, Buffalo 14214
APPOINTMENTS-MAYOR'SYOUTHOPPORTUNITY&Marcus Turner, 183 Goulding, Buffalo 14208
EMPLOYMENT Robert Quintana, 7 Marine Dr. Apt 11D, Buffalo 14202
I transmit herewith appointments made in the Mayor's Youth Ricky Diaz, 63 Hillery, Buffalo 14210
Opportunities and Employments Programs. Timothy Allen, 340 West Delavan, Buffalo 14213
RECEIVED AND FILED. Appointment Effective: February 24, 1999, in the
Appointment effective January 20, 1998, in the Mayor's Department of Human Services, Parks & Recreation, Division
Office, Youth Opportunity and Intern Program, Intern IV, of Youth, to the Position of Lifeguard, Seasonal Non-
Seasonal Non Competitive at the starting salary of $6.00/hr Competitive, at the: Flat, Starting Salary of: $ 5.20 p/h
Rolinda Hill 5 Viola Pk., Buffalo, New York 14208 Jim Wilkinson, 83 Philadelphia, Buffalo 14207
Appointment Effective February 17, 1998, in the Department
NO.86 of: Police, to the Position of: Cellblock Attendant, Contingent
NOTICESOFAPPOINTMENTS-SEASONAL/FLAT Permanent, at the: Minimum Starting Salary of: $ 23,622
I transmit herewith certificates received by me, reporting Joseph R. Lysarz, 22 Germain Street, Buffalo, NY 14207
seasonal and flat salary appointments made in various Appointment effective 2/23/98, in the Department of Police,
departments. to the position of Crossing Guard, Permanent, Non-
RECEIVED AND FILED. Competitive, at the: minimum Starting Salary of': $6.09
Appointment Effective 2/2/98, in the Department of Mayor, Elaine LoTempio, 187 Saranac Ave., Buffalo, NY 14216
Executive Division of Board of Parking, to the Position of Clerk, Dana Masecchia, 407 Colvin Ave., Buffalo, NY 14216
Seasonal Appointment, at the Flat Starting Salary of $ 5.20 Appointment Effective: February 23, 1998, in the
Jennifer Beier, 37 Haven, Buffalo, NY 14211 Department of Public Works, Division of Water, to the Position
Appointment February 13, 1998, in the Department of Street of Maintenance Assistant-Water, Permanent
Sanitation, Seasonal Laborer II, Non-Competitive, Flat Starting Appointment, at the Starting Salary of $ 25,248
salary of $6.92 hr. William Appenheimer, 22 Kail Street, Buffalo, 14207
Larry Jones, 430 Delaware Ave., Apt. 302, Bflo, NY 14202 Appointment Effective February 24, 1998, in the Department
Appointment effective February 17, 1998, in the Department of Public Works, Division of Buildings, to the Position of
of Street Sanitation, to the position of Seasonal Laborer II, Non-Laborer I, Temporary, Non-Competitive, at the Minimum
Competitive, at the flat starting salary of $6.92 hr. Starting Salary of: $9.57
Herman F. Johnson, 271 Kehr St., Buffalo, NY 14211 Carmen T. Pace, 328 Grant Street, Buffalo 14213
Kevin A. Pangburn, 70 Lafayette Ave, Buffalo, NY 14213 Appointment Effective: February 23, 1998, in the
Department of Administration and Finance, Division of Parking
NO.87 Enforcement, to the Position of Parking Enforcement Officer,
APPOINTMENTS-TEMPORARY,PROVISIONALORPermanent Appointment, at the: Minimum Starting Salary of
PERMANENT $23,028
I transmit herewith Appointments in the various departments Mary R. Flynn, 312 West Avenue, Buffalo 14201
made at the Minimum (Temporary, Provisional or Permanent)
and for Appointments at the Maximum (as per contract NON-OFFICIALCOMMUNICATIONS,PETITIONSAND
requirements) . REMONSTRANCES
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
Appointment effective February 13, 1998, in the Department NON-OFFICIALCOMMUNICATIONS
of Human Services, Parks & Recreation, Division of Youth, to NO.88
AFSCMELOCAL264,AFL-CIO WHEREAS, Building and health inspectors are required to
"EXPLOREFEAS.-DEMOSBYCITYDEPT." perform duties on location, often under belligerent if not
(#253,C.C.P.FEBRUARY17,1998) dangerous circumstances, without the benefit of weapons or
We, at AFSCME Local 264, AFL-CIO, would very much like law enforcement status and protection, and
to see our own City demolition crew. Over the last 15 years, WHEREAS, One recent illustration of the potential danger
the Department of Street Sanitation has always had the faced by said inspectors is the case of Buffalo building
expertise to demolish old City and privately owned structures. inspector Michael Schieber, who was assaulted on October 2
Anything we can do to create a program and crew would be in the course of taking a photograph of a property during an on-
greatly appreciated. site inspection, and
REFERRED TO THE COMMITTEE ON BUDGET WHEREAS The perpetrator of the assault received a
conditional discharge for his actions, a sentence that required
NO.89 no fine or jail time to be served, and
AFSCMELOCAL2651 WHEREAS, This sentence sends the message that
BUILDINGTRADEINSPECTORSASSOCIATION punishment for assaulting a building or health inspector will be
CITYDEMOLITIONS/COLLECTIONSOFEXPENSES light to nonexistent, placing said officers under greater threat of
Local 2651 endorses the formation of a City demolition crew violence, and
and a more aggressive, comprehensive collection of expenses WHEREAS, In August 1996 an Erie County public health
owed to the City. technician named Jason Patronik was also assaulted during
We would be glad to assist in any manner. the performance of his duties, and
REFERRED TO THE COMMITTEE ON BUDGET WHEREAS, One method of protecting said officers would
be through their designation as peace officers under New York
NO.90 State Penal Law, thereby making the attack of said officers
THEBUFFALOENTERPRISE assault in the second degree,
DEVELOPMENTCORPORATION WHEREAS, the status would in no way allow the
INVITEAUTOMAKERSTOJOININTHEFORMATIONOFAaforementioned inspectors easier or more ready access to
CITYAUTOMALLALONGMAINSTREET firearms licenses,
RESOLUTION#275 NOW, THEREFORE, BE IT
I and my staff are exploring the possibility of a City Auto RESOLVED, That the Erie County Legislature does hereby
Mall. We are arranging a meeting with the owners of Braun express its concern for the building and health inspectors of
Cadillac and Streng Oldsmobile to pursue this concept. our area, and be it further
We hope to able to report on our progress at the Common RESOLVED, That this Honorable Body does hereby
Council meeting on March 10, 1998 memorialize the New York State Legislature and New York
REFERRED TO THE COMMITTEE ON LEGISLATION State Governor George Pataki to introduce, pass and sign into
law legislation to amend New York State Penal Law § 2.10
NO.91 Persons designated as peace officers, to include building and
COMMUNICATIONSWORKERSOFAMERICA health inspectors employed by Erie County and/or its
ADELPHIACABLE/TCIMERGER municipalities, thereby making the attack of said inspectors
As a resident of the City of Buffalo, I am concerned with the assault in the second degree under New York State Penal Law
upcoming merger between Adelphia Cable and 'TCI. § 220.05 Assault in the second degree, and be it further
My concerns are that the employees of TO wilt suffer pay RESOLVED, that this Honorable Body does hereby state
cuts, driving the wages in this area down. Lost jobs, TO that it in no way intends, with this legislation, to advocate the
employees are already being informed of the severance arming of the aforementioned inspectors, but only advocates
package being offered to those who do not wish to reapply for greater protection through stronger assault laws in the
their jobs. designation of the inspectors as peace officers, and be it
Service Quality: The Quality of Service will almost assuredly further
decrease as Adelphia has a practice of subcontracting out RESOLVED, That certified copies of this resolution be
work and paying piece work to the. subcontractors which forwarded to New York State Governor George Pataki, the
means quality is worth none than quality, this also adversely Western New York delegation of the New York State
affect wages. Legislature, Buffalo housing inspector Michael Schieber (c/o
Missed target dates for re builds and upgrades Adelphia has the City of Buffalo), and Erie County Executive Dennis Gorski.
yet to compete, its rebuild in its own systems causing many an RECEIVED AND FILED
irate customer to speak out in the Buffalo News and other
publications not to mention becoming irate with the Adelphia NO.94
employees themselves, either on the phone or face to face. G.KORB
Lastly: The disappearance of any visible competition leaving OPPOSESALEOFLAKEVIEW&PERRYHOMES
Adelphia as the only game in town from Niagara Falls to the I am writing you for your help to save my apartment in the
New York\Penn State line. I feel they would certainly use this Buffalo Municipal Housing Authority. Myself and my children
to their advantage regarding Channel lineups outage need this apartment. I cannot afford the high cost of gas and
resolutions rates of service and quality of service. electric I would need under the Section 8 Voucher Program.
I look forward to discussing these concerns with you in the My only income is child support from my ex-husband which my
near future. rent is based on. It is my understanding the Housing Authority
Thank you for your time and your Concern for the workers in is planning on selling the Lakeview and Perry Homes to a
the City of Buffalo. management group to operate. It is also my understanding that
REFERRED TO THE SPECIAL COMMITTEE ON Arthur O. Eve introduced legislation in Albany to allow the
TELECOMMUNICATIONS Buffalo Municipal Housing Authority to do this. Please help me
and the many family and senior citizens who well be affected by
NO.92 this. Please read the enclosed hope for Hope VI at Lakeview
V.CRAY-DIHAAN which will let you see what has been going on here. We the
REQ.HRG.ALARMSYSTEM-1382JEFFERSON tenants need your help.
I'm writing to you to request a hearing regarding my alarm REFERRED TO THE COMMISSIONER OF COMMUNITY
system at my building which is located at 1382 Jefferson Ave. DEVELOPMENT AND BUFFALO MUNICIPAL HOUSING
I'm being charged an additional $250-00 which I feel is AUTHORITY
unfair. I feel this is unfair because I'm paying a very high
quarterly fee for the alarm system to be monitored as well as NO.95
paying for city tax for police protection. It seems as though I'm MT.AARONMISSIONARYBAPTISTCHURCH
paying triple money for citizen protection. You aren't aware PURCHASE532GENESEE
until the alarm goes off that your building is being tampered The Mount Aaron Missionary Baptist Church with our Pastor
with and most of the time it has to do with the basement Rev. Dr. Rocelus Jessie have been in contact with
windows. Councilperson Barbara Williams Miller and the Department of
I'm trying to request a fair hearing concerning this issue. I Community Development now for almost a year trying to come
would appreciate your deep consideration in hearing my case. to a agreement with the City of Buffalo for property at 532
REFERRED TO THE COMMITTEE ON LEGISLATION AND Genesee Street here in Buffalo in the Ellicott District. On a
THE DIVISION OF ADMINISTRATION New Church Structure and a Community Center on this site.
We already own property at 534,536,538,540,542. We are
NO.93 seeking this property for we need it to complete purposed plan
ERIECOUNTYLEGISLATURE for redevelopment, for some unknown reason to us the City
BUILDINGANDHEALTHINSPECTORS isn't allowing us to purchase this property. Enclosed is our
proposal that was given to the City of Buffalo through partners in education.
Councilperson Barbara Miller. We ask that you please give this School administrators who perpetuate school policy without
your utmost attention, for this is holding back the City of Buffalo evaluating the results of their efforts are not effective partners
and this Community to beautify, redevelop, grow into in education.
millennium with a new future for Buffalo and our Ellicott The list could have been longer, However, the purpose in
District. Looking to here from you soon making it was to demonstrate the diversity of factors that affect
REFERRED TO THE COMMITTEE ON FINANCE AND school discipline and violence.
COMMISSIONER OF COMMUNITY DEVELOPMENT One of the Department's newest Comprehensive efforts to
improve student discipline and school safety is the Extended
NO.96 School Day/School Violence Prevention (ESD/SVP) Program
NEWYORKCITYCOUNCIL operating under the coordination of Rosalee Wiggle at the
CIVILIANCOMPLAINTREVIEWBOARD/INDEPENDENTBoard of Education, I am sure she would be glad to describe
POLICEINVESTIGATIONANDAUDITBOARD the program’s progress to date- Her telephone number is 851-
At the request of Ms. , I am sending you copies of 3617.
legislation enacted by the New York City Council which created REFERRED TO THE COMMITTEE ON EDUCATION
(1) an independent Civilian Complaint Review Board ("CCRB");
and (2) an Independent Police Investigation and Audit Board NO.99
("IPIAB"). Also enclosed are copies of the Council's NEWYORKSTATETHRUWAYAUTHORITY
Committee Reports relating to these two bills. SOUTHOGDENST.BRIDGE
As I explained to Ms. the CCRB has been fully operational #218CCP1/20/98
for several years now, while the IPIAB legislation has been I am writing in response to your letter dated January 23,
vetoed by the Mayor, and recently re-adopted by the City 1998, in which you forwarded to us a copy of the Common
Council. Council's Resolution #218, C.C.P. January 20, 1998, and
If you have any questions, please feel free to contact me. which also requested that we return our comments regarding
REFERRED TO THE SPECIAL COMMITTEE ON POLICE this Resolution.
REORGANIZATION/OVERSIGHT, THE COMMISSIONER The subject of the Resolution pertains to maintenance of
OF POLICE AND PBA several bridges. Of the bridges listed, the Thruway Authority
has partial responsibility for only one, the South Ogden Street
NO.97 Bridge over the I-90.
NEWYORKSTATEDEPARTMENTOFTRANSPORTATION Maintenance responsibilities for the South Ogden Street
SOUTHOGDENST.BRIDGE Bridge are split between the Thruway Authority and the City of
ITEM#218CCP1/20/98 Buffalo. The Authority is responsible for the maintenance of
We are in receipt of your letter of January 23, 1998 and the the bridge railings, and essentially everything below the bridge
Common Council's Resolution 218 regarding the maintenance deck surface. The City is responsible for maintenance of the
of certain bridges within the City of Buffalo. The resolution wearing surface and sidewalks on the bridge, as well as all
stated that the bridge at South Ogden Street over the I- 1 90 portions of the approaches. Ibis would include control of snow
and the bridges which carry Bailey Avenue over the railroad and ice and also removal of dirt and debris which would
tracks between Lovejoy and Broadway and between Broadway accumulate on the bridge sidewalks and approach sidewalks.
and Walden are maintained by the New York State Department Please be advised that any maintenance proceedings used
of Transportation. That is incorrect. The bridge which carries by the City to remove snow and ice or debris from the surface
South Ogden Street over the I-190 is the maintenance of this structure should be performed, such a mariner as to
responsibility of the New York State Thruway Authority and the avoid creating hazards to travelers on the Thruway below.
above described bridges on Bailey Avenue are the maintenance REFERRED TO THE COMMITTEE ON FINANCE
responsibility of the City of Buffalo.
The resolution requested two things. First, that the New NO.100
York State Department of Transportation report to the Common R.QUINTANA
Council on what steps will be taken to properly maintain these CITYOFBERKELEYREPORTONPEPPERSPRAY
bridges. Second, that the New York State Department of Attached, please find a copy of the City of Berkeley's report
Transportation explain what maintenance will be done on all on Pepper Spray.
bridges they maintain in the City of Buffalo. REFERRED TO THE SPECIAL COMMITTEE ON POLICE
The first portion of the Common Council's resolution I REORGANIZATION/OVERSIGHT, THE COMMISSIONER
cannot speak to since we are not responsible for the OF POLICE AND POLICE BENEVOLENT ASSOCIATION.
maintenance of the cited bridges.
The second portion of the Common Council's resolution NO.101
requested an explanation of what maintenance will be done on TCI
all bridges that we maintain in the City of Buffalo. The New CHANGEINDESIGNATEDADDRESSFORNOTICES
York State Department of Transportation has a comprehensive This is to advise the City of Buffalo of a change in the
plan to deal with all of the bridges it maintains including those designation of the address for formal notices that should be
within the City of Buffalo. That plan consists of preventive used when communicating with our company in regard to
maintenance done on a cyclical basis and corrective matters arising under our Cable Television Franchise
maintenance done on an as-needed basis. The elements of Agreement. Section 32.3 of the current Franchise Agreement
the preventive maintenance plan are things such as cleaning, (adopted by City in December 1995) specifies the addresses to
painting and sealing while the elements of the corrective used for any formal notices or responses by either the City or
maintenance plan are repairs to portions of the bridges which the Franchisee company when communicating with the other
are deteriorated or damaged. party. This section also says that a party may change its
REFERRED TO THE COMMITTEE ON FINANCE formal notice address by giving notice to the other party of a
new designation of address.
NO.98 The primary address to be used for the Franchisee should
NEWYORKSTATEEDUCATIONDEPARTMENT remain the same as that specified in the Agreement:
MAKECONFLICTRESOLUTIONPARTOFPUBLIC TCI of New York, Inc.
SCHOOLCURRICULUM 355 Chicago Street
ITEM#229CCP2/17/98 Buffalo, New York 14202
Your recent letter to Rebecca Gardner has been forwarded Attention: General Manager
to my attention for a response.. I am pleased to see that your The secondary address, to which a copy of any official or
Council has taken a stand against student violence Your formal notice or response to us should be sent, has been
request for comments and/or recommendations should be left changed, and is no longer TCI Northeast Region at Clifton
to the local school community. My only caution would be that Park, NY. This address should now be:
everyone understands that conflict resolution is only one part of TCI Atlantic Division
a comprehensive effort to create a safe school for teaching and 67B Mountain Boulevard Extension
learning. P.O. Box 4247
Adults who lack parenting skills cannot become effective Warren, New Jersey 07059
partners in education. Attention: Director of Franchising
Teachers who avoid needed in-service training by hiding These addresses remain subject to change in the future.
behind collective bargaining organizations are not effective We will advise the City of any further modification of these
partners in education. designations.
Students who never come to understand the reasons for Thank you for your cooperation.
rules in school or a democratic society are not effective REFERRED TO THE SPECIAL COMMITTEE ON
TELECOMMUNICATIONS AND THE OFFICE OF years, we have offered workshops to staff and students at a
TELECOMMUNICATIONS number of Buffalo's schools. We are currently in the midst of a
series of workshops for parents whose children attend the
NO.102 Mayor's Community Schools.
TCIOFNEWWORK,INC. The AViS outlook is inward. We use a-broad-definition of
4THQUARTERCUSTOMERSERVICESTANDARDS violence that includes any behavior or language harmful to self
Enclosed please find a copy of the 4th Quarter Customer or others. Thus AViS is all inclusive and is not just for people
Service Standards report as submitted to the New York State who use weapons. AViS's key message is that every individual
Public Service Commission. has the capacity for good, the capacity to change one's own
If you should have any questions, please feel free to call behavior, and to solve problems (or conflicts) nonviolently.
either of us at 853-8700. AViS workshops are experiential: participants go through
TCI of New York, Inc. is committed to providing the City of sequenced activities (some verbal, some physical, some
Buffalo with quality information and entertainment services and silent), all the time working toward building community,
the best value through superior customer satisfaction. communicating better, being affirming, cooperating, having
REFERRED TO THE SPECIAL COMMITTEE ON respect for self and others, and acquiring problem-solving
TELECOMMUNICATIONS AND THE OFFICE OF skills.
TELECOMMUNICATIONS Our experience has shown us that when faced with a
conflict in the absence of coping skills, frustration easily
NO.103 escalates to violence. Through AViS, we have learned that
TCIOFNEWYORK,INC. fighting is often chosen as the only recourse when conflict
CONTRIBUTIONAGREEMENT occurs. It Is not that students dismiss alternative outcomes,
TCIANDADELPHIACABLE they are unaware that any options exist or they fear judgment
This letter is to notify you of certain transactions involving from their peers.
your local cable television operator, TO of New York, Inc. Given the pervasiveness of stress and violence in our
("TCI"). TCI has entered into an agreement (the "Contribution culture, the Peace Center is strongly supportive of
Agreement") to contribute the cable television system in your passage of Item 229.
community (the "System") to Parnassos, L.P. ("Pamassos"), a We wish to emphasize, as the Resolution states in 17, that any
partnership in which affiliates of Adelphia Communications conflict resolution programming introduced (or continued) in the
Corporation ("Adelphia") will hold a 67% managing partnership Buffalo Public Schools should be system-wide and long-range.
interest and affiliates of TCI will hold a 33% partnership One or two years will not suffice.
interest. Accompanying this letter is a completed FCC Form We urge caution in regarding conflict resolution as an
394 with detailed information regarding Parnassos’ academic subject to be "taught" by teachers. This will not
qualifications, all required exhibits and documentation, and a effect so great a change as would a shift in attitude by all adults
proposed transfer resolution. in the school community-to promotion of nonviolent problem
In connection with the transactions called for in the solving and rejection of any form of violence including
Contribution Agreement, TO will be undergoing an internal commonplace disrespect. Ideally, BPS would also work with
restructuring pursuant to which one or more intermediate parents to encourage and support this same commitment to
transfers of the System and the franchise may be made conflict resolution.
immediately prior to the transfer to Parnassos. We respectfully Therefore, we suggest another point in the resolution that
request your consent to the transfer of the franchise in your recognizes the need for all adults in the school system to model
community to Pamassos. We are also asking for your consent and apply basic principles of nonviolent conflict-resolution.
to the intermediate intercompany transfers in the event that The Peace Center appreciates the forward thinking of the
such consent is required under the franchise. We believe the Council in adopting this Resolution. We offer our further
enclosed materials provide you with the information necessary assistance and expertise, including access to our library of
to make a determination on our request within the 60 day time conflict resolution and cultural diversity materials.
period provided for under Section 8.2 of the Franchise I have attached three brief documents as supplements to
Agreement between you and TCI. If it is acceptable, please these comments. Thank you again for requesting our
place this item on the next agenda. comments.
The closing of the transaction is expected to occur in the REFERRED TO THE COMMITTEE ON EDUCATION
second quarter of 1998 or sooner if all required regulatory
approvals have been obtained. Representatives of Adelphia NO.105
and TO will be contacting the City in the near future to begin WINGSOFFLIGHT
discussing the franchise transfer process, including discussing LOCATEINTERNATIONALAEROSPACE
the rebuild/upgrade requirements in the franchise and the CENTERINBUFFALO
timing for completion of those requirements. In addition, please I am requesting on behalf of the Wings of Flight Museum of
be aware that the TCI Corporate Guarantee in Lieu of Bond in Markham, Ontario, to make a presentation to the Common
place pursuant to Section 28.1 of the Franchise Agreement will Council of locating the International Aerospace Center in
need to be replaced at the closing with an Adelphia guarantee Buffalo.
or a performance bond. Adelphia representatives plan to The International Aerospace Learning Center will focus on
discuss this requirement with the City. our youth, stimulating interest in the technologies related to
I would appreciate your countersigning and dating a copy of aerospace development
this letter and returning the countersigned copy to me so that One possible site would be Memorial Auditorium. Much has
we have a record of your receipt of the enclosed materials. been in the press lately on the future of this Buffalo landmark.
Thank you for your assistance. Please call me at (716) 843-While this would be our first choice of sites, our primary
8030 if you have any questions. Please also feel free to call the interest is locating the museum in the city of Buffalo.
Parnassos representative, Robert Wahl who can be reached by Western New York has a rich aviation heritage. This should
telephone at (814) 274-9830. be celebrated. The International Aerospace Learning Center
REFERRED TO THE SPECIAL COMMITTEE ON would capture the minds and imaginations of our children and
TELECOMMUNICATIONS AND THE OFFICE OF help produce our next generation of scientists and engineers.
TELECOMMUNICATIONS Please review the enclosed material, I look forward to your
response.
NO.104 REFERRED TO THE COMMITTEE ON BUDGET
WESTERNNYPEACECENTER PETITIONS
CONFLICTRESOLUTIONPARTOFBUFFALOPUBLIC
SCHOOLCURRICULUM NO.106
(ITEMNO.229,C.C.P.,2/17/98) 9274 Group, petitioner, petition to rezone 208-210 Melrose
Thank you for inviting the Western New York-Peace Center from R3 to C1 for a pharmacy.
to comment on Item No. 229, the Resolution introduced by REFERRED TO THE COMMITTEE ON LEGISLATION, THE
Councilmember Brown to "make conflict resolution part of CITY PLANNING BOARD AND THE COMMISSIONER OF
Buffalo Public School curriculum. COMMUNITY DEVELOPMENT.
The Peace Center is a nonprofit membership organization
that provides people in Western New York with opportunities to NO.107
learn about and act constructively on a variety of issues, local A. Albert, owner, petition to use 1519-1527 Hertel for a
and global, related to peace, justice, human rights and sidewalk cafe.
nonviolent conflict resolution. REFERRED TO THE COMMITTEE ON LEGISLATION, THE
One of our most innovative and successful programs is coed CITY PLANNING BOARD AND THE COMMISSIONER OF
Alternatives to Violence in Schools (AViS). For the past six COMMUNITY DEVELOPMENT
FINANCE
NO.108 (DAVIDA.FRANCZYK,CHAIRMAN)
D. Vitrano, owner, petition to use 37 Allen for a store & sit-in
restaurant.. NO.117
REFERRED TO THE COMMITTEE ON LEGISLATION, THE RENEWLEASE-RESTORATIONSOCIETY,INC.
CITY PLANNING BOARD AND THE COMMISSIONER OF -12-14ELMWOODAVENUE
COMMUNITY DEVELOPMENT (ITEMNO.15,C.C.P.,DEC.9,1997)
(ITEMNO.108,C.C.P.,DEC.23,1997)
NO.109 That the above item be, and the same hereby is returned to
Harbour PI. Marinas, Inc., owner, petition to use 2192 the Common Council without recommendation.
Niagara for a sit-in restaurant.. Mr. Franczyk now moved that the above item be received
REFERRED TO THE COMMITTEE ON LEGISLATION, THE and filed
CITY PLANNING BOARD AND THE COMMISSIONER OF ADOPTED
COMMUNITY DEVELOPMENT
NO.118
NO.110 RENEWLEASE-RESTORATIONSOCIETY,INC.
S. Godzisz and Others - oppose New Steps of Life -12-14ELMWOODAVENUE(COMPT.)
Organization at 109 Gibson St. (ITEMNO.15,C.C.P.,DEC.9,1997)
REFERRED TO THE COMMITTEE ON LEGISLATION (ITEMNO.19,C.C.P.,JAN.20,1998)
That the above item be, and the same hereby is returned to
REGULARCOMMITTEES the Common Council without recommendation.
CIVILSERVICE Mrs. LoTempio moved:
(BEVERLYA-GRAY,CHAIRPERSON) That the above item be, and the same hereby is received
and filed.
NO.111 Adopted
AFFIRM.ACTIONMTG.MINUTES
(ITEM#72FEBRUARY17,1998) NO.119
That the above mentioned item be and the same is hereby CHANGEORDERS
received and filed. (ITEM#162DECEMBER23,1997)
ADOPTED That the above mentioned item be and the same is hereby
received and filed.
NO.112 ADOPTED
APPOINTMENT
SYSTEMSSUPPORTSPECIALIST NO.120
That Communication 17, February 03, 1998 be received and CHANGEORDERS(BD.PKG.)
filed and the Temporary appointment of Michael Murphy stated (ITEM#06JANUARY20,1998)
above at the Fifth Step salary $44,598.00 effective on January That the above mentioned item be and the same is hereby
26, 1998 is hereby approved. received and filed.
PASSED ADOPTED
AYES-12 NOES-0
NO.121
NO.113 CHANGEORDERS(PW)
APPOINTMENT (ITEM#33JANUARY20,1998)
SUPERINTENDENTOFTRAFFICSIGNALSYSTEM That the above mentioned item be and the same is hereby
That Communication 40, February 03, 1998 be received and received and filed.
filed and the Permanent appointment of Henry J. Szczepanski ADOPTED
stated above at the Intermediate salary $33,826.00 effective on
January 22, 1998 is hereby approved. NO.122
PASSED CHANGEORDERS(CD)
AYES-12 NOES-0 (ITEM#54FEBRUARY03,1998)
That the above mentioned item be and the same is hereby
NO.114 received and filed.
APPOINTMENT ADOPTED
SENIORAUDITOR
That Communication 18, February 17, 1998 be received and NO.123
filed and the Temporary appointment of Gloria A. Schiavone RESULTSNEG.-864MAINST.(CD)
stated above at the Maximum salary $37,312.00 effective on (ITEM#32DECEMBER09,1997)
February 09, 1998 is hereby approved. That the above mentioned item be and the same is hereby
PASSED received and filed.
AYES-12 NOES-0 ADOPTED
NO.115 NO.124
APPOINTMENT PAYPHONEAPPLICATIONSPAY-TELCORPORATION
ACCOUNTCLERK (ITEMNO.45,C.C.P.,JAN.20,1998)
That Communication 22, February 17, 1998 be received and That the Commissioner of Public Works be, and he hereby
filed and the Provisional appointment of Joanne F. Milioto is authorized to issue a license in accordance with Chapter
stated above at the Maximum salary $25,495.00 effective on 441-4 of the City Ordinances as revised Item No. 136, C.C.P.,
February 09, 1998 is hereby approved. December 26, 1995 to Mr. Jay Alberti, President of Pay-Tel
PASSED Corporation, 45 West Tupper Street for a payphone at 366
AYES-12 NOES-0 Perry Street; north side of street, approximately 50' east of
Louisiana Street, attached to front of existing delicatessen.
NO.116 The three remaining payphone applications are in Finance.
SALARYORDINANCEAMENDMENT PASSED
2-1DEPARTMENTOFPOLICE AYES-12 NOES-0
001OFFICEOFTHEPOLICECOMMISSIONER
(ITEMNO.245,C.C.P.,FEB.17,1998) NO.125
That the above item be, and the same hereby is returned to CHANGEORDER-LAKEFRONTBOULEVARD(ITEMNO.
the Common Council without recommendation. 31,C.C.P.,FEB.17,1998)
Mrs. LoTempio moved: That the Commissioner of Public Works be, and he hereby
That the Salary Ordinance Amendment as contained in Item is authorized to issue change order No. 2, to Destro Brothers
No. 245, C.C.P., February 17, 1998, be and the same hereby Concrete Co., Inc., a decrease at no cost, as more fully
is approved. described in the above communication, for work relating to
PASSED Lakefront Blvd., Group #431, Contract #91926900. Funds for
AYES-BROWN, COPPOLA, FONTANA, FRANCZYK, this project are to be credited to the proper account in the
HELFER, KAVANAUGH, LOTEMPIO, MANLEY, PITTS, Department of Public Works.
QUINTANA-10 NOES-GRAY, ZUCHLEWSKI-2 PASSED
AYES-12 NOES-0
(ITEM#130SEPTEMBER02,1997)
NO.126 That the above mentioned item be and the same is hereby
UNITPRICECONTRACTS referred to the Committee on Civil Service.
(ITEMNO.36,C.C.P.,FEB.17,1998) ADOPTED
That the Common Council shall hereby approve bids on unit
price contracts as follows: NO.136
Total Base Bid Awarded REQ.FILING&CONSEQUENCESOFFALSE
Under $1 million Base bid, plus additional unit prices DISCLOSURESTATEMENTS
not to exceed 10% (ITEM#40DECEMBER09,1997)
$1 million to $3 million Base bid, plus additional unit prices That the above mentioned item be and the same is hereby
not to exceed 6% referred to the Committee on Civil Service.
Above $3 million Base bid, plus additional unit prices ADOPTED
not to exceed 4%
PASSED NO.137
AYES-12 NOES-0 OPPOSEEXPANSION-DISCLOSUREREQ.-ALLCITY
EMPLOYEES(BD.ETHICS)
NO.127 (ITEM#10FEBRUARY17,1998)
MINCOSTPROJECTSREQUIRINGBLDG.PERMITS(CD) That the above mentioned item be and the same is hereby
(ITEM#59FEBRUARY17,1997) referred to the Committee on Civil Service.
That the above mentioned item be and the same is hereby ADOPTED
received and filed. I
ADOPTED NO.138
I ORD.AMENDCH.131-CERT.OFOPERATION
NO.128 (ITEM#160DECEMBER23,1997)
LEASE-E.C.YOUTHBUILD-2946BAILEY(CC)(#31,11/12) That the above mentioned item be and the same is hereby
(ITEM9131FEBRUARY17,1998) received and filed.
That the above mentioned item be and the same is hereby ADOPTED
received and filed.
ADOPTED NO.139
B.LOCKWOOD-REQ.TRAFFICSTUDY
LEGISLATION SO.PARK&ALDRICH
(ALFREDT.COPPOLA,CHAIRMAN) (ITEM#82OCTOBER14,1997)
That the above mentioned item be and the same is hereby
NO.129 received and filed.
TRAILBLAZINGSIGNAGE-MICHIGANAVE./HARRIETADOPTED
TUBMANWAY(ITEM#246FEBRUARY17,1998)
That the above mentioned item be and the same is hereby NO.140
referred to the committee on Legislation. D.WILLIAMS-NEWSTEPSTOLIFE
Mr. Coppola now moved that the above item be received and -RECOVERYPROGRAM
filed (ITEM#65JANUARY06,1998)
ADOPTED That the above mentioned item be and the same is hereby
received and filed.
NO.130 ADOPTED
ECIDA,PETITIONTOUSE2638DELAWARE
AVENUE-POLESIGN NO.141
(ITEMNO.104,C.C.P.,FEB.17,1998) RESPONSE-REQ.COUNCILAPP.-DELICATESSENSIN
That after the public hearing before the Committee on TARGETAREAS(CD)
Legislation on February 17, 1998, the petition of ECIDA, owner, (ITEM#65FEBRUARY03,1998)
for permission to use 2638 Delaware Avenue for a pole sign That the above mentioned item be and the same is hereby
be, and hereby is approved. received and filed
PASSED ADOPTED
AYES-12 NOES-0
NO.142
NO.131 ENCROACH827TONAWANDASTREET-SIGN
BETTYBRINKWORTH,PETITIONTOUSE1487-1509(ITEMNO.46,C.C.P.,JAN.20,1998)
HERTELAVENUE-SIT-INRESTAURANT That the Commissioner of Public Works be, and he hereby
(ITEMNO.107,C.C.P.,FEB.17,1998) is authorized to issue C4 mere license" to Mr. Jim Popiela, of
That after the public hearing before the Committee on Advision Signs, acting as agent for Off Track Betting,
Legislation on February 17, 1998, the petition of Betty applicant, located at 827 Tonawanda Street, to install a sign,
Brinkworth, owner, for permission to use 1487-1509 Hertel which would encroach city right-of-way at said address, subject
Avenue for an addition to an existing sit-in restaurant be, and to the following conditions:
hereby is approved. 1 . That the applicant obtain any and all other City of
PASSED Buffalo permits necessary for said installation.
AYES-12 NOES-0 2. That the sign be installed exactly as shown on plans
NO.132 submitted to and approved by the Department of Public Works,
BURA-USE289EXCHANGE-BILLBOARD(HRG.2/24) Division of Buildings.
(ITEM#108FEBRUARY17,1998) 3. That the applicant supply the City of Buffalo with a
That the above mentioned item be and the same is hereby five thousand dollar ($5,000.00) construction in street bond or
received and filed. certificate of insurance which will indemnify and save harmless
ADOPTED the City of Buffalo against any and all loss and damage arising
out of the construction, maintenance, use and removal of said
NO.133 sign.
SAFETYOFCITYBLDG.INSPECTORS PASSED
(ITEM#124DECEMBER09,1997) AYES-12 NOES-0
That the above mentioned item be and the same is hereby
received and filed. NO.143
ADOPTED 164E.UTICA(ST.SAN)
j (ITEM#76JANUARY20,1998)
NO.134 That the above mentioned item be and the same is hereby
SAFETYOFCITYBLDG.INSPECTORS(POL) received and filed .
(ITEM#44FEBRUARY17,1998) ADOPTED
That the above mentioned item be and the same is hereby
received and filed. NO.144
ADOPTED APPT.MEMBER-BUFFALOSEWERAUTHORITY
(ITEM#01FEBRUARY03,1998)
NO.135 That the above mentioned item be and the same is hereby
REQ.ORD.-FALSIFYINGDISCLOSURESTATEMENTS received and filed.
ADOPTED received and filed .
ADOPTED
NO.145
ASHLANDAVE.BLD.CLUB-VARIANCESFORELMWOODNO.154
AVE. OUTERHARBORINACTHAZ.WASTESITE(ENVIRON.
(ITEM#87FEBRUARY03,1998) MGMT))
That the above mentioned item be and the same is hereby (ITEM#01JANUARY06,1998)
received and filed. That the above mentioned item be and the same is hereby
ADOPTED received and filed.
ADOPTED
NO.146
MINUTES-11/21/97,12/16/98(BD.ETHICS) NO.155
(ITEM#09FEBRUARY17,1998) S.ELLICOTTURPLANSEQRNEG.DEC.(C.P.BD.)
That the above mentioned item be and the same is hereby (ITEM#07FEBRUARY03,1998)
received and filed. That the above mentioned item be and the same is hereby
ADOPTED received and filed.
ADOPTED
NO.147
612BAILEYAVE-(PW) NO.156
(ITEM#40FEBRUARY17,1998) 208BRISTOLST.(C.P.BD.)
That the above mentioned item be and the same is hereby (ITEM#08FEBRUARY03,1998)
received and filed. That the above mentioned item be and the same is hereby
ADOPTED received and filed .
NO.148 ADOPTED
RESTAURANTDANCINGCLASS11-622MAINSTREET
(ITEMNO.53,C.C.P.,FEB.17,1998) NO.157
That the above item be, and the same hereby is returned to TRINIDADPARK
the Common Council without recommendation. (ITEMNO.61C.C.P.,FEB.17,1998)
Mrs. LoTempio moved: That the Mayor be, and he hereby is authorized to pursue
That pursuant to Chapter 150 of the City Code, the Director funding for site investigation at Trinidad Park under the New
of Inspections, Licenses and Permits be, and he hereby is York State Clean Water/Clean Air Bond Fund and after the
authorized to grant a Restaurant Dancing grant is received to act as necessary in the management of this
Class II license to Joseph Guagliardo, d/b/a Club Marcella, grant.
located at 622 Main Street. PASSED
PASSED AYES-12 noes 0
AYES-12.
NO.149 EDUCATION
RECYCLING-BMHAPROPERTIES (BARBARAA.KAVANAUGH,CHAIRPERSON)
(ITEM#71FEBRUARY17,1998) NO.158
That the above mentioned item be and the same is hereby INCREASEDAPPROPRIATION-BOARDOFEDUCATION
received and filed SOvies- (ITEMNO.228,C.C.P.,JAN.20,1998)
ADOPTED That the above item be, and the same hereby is returned to
the Common Council without recommendation.
COMMUNITYDEVELOPMENT Mrs. Kavanaugh moved that the above item be recommitted to
(DALEZUCHLEWSKI,CHAIRMAN) the Committee on Education.
ADOPTED.
150 AYESBROWN,COPPOLA,FONTANA,FRANCZYK,HELFER,
TRANSFEROFTITLE,URBANHOMESTEAD-250KAVANAUGH,LOTEMPIO,MANLEY,QUINTANA,ZUCHLEW
BRISTOL SKI-10.NOES-GRAY,PITTS-2
(ITEMNO.42,C.C.P.,OCT.14,1997)
(ITEMNO.142,C.C.P.,CT.18,1997) NO.159
That the city-owned property commonly known as 250 K.HELFER-BD.OFED.RES.ONCHARTERSCHOOLS
Bristol Street, is hereby designated as Homestead Property, (ITEM#91FEBRUARY17,1998)
and that the Mayor be, and he hereby is authorized to execute a That the above mentioned item be and the same is hereby
deed transferring said property to Mr. Thomas Bailey, residing received and filed.
at 252 Bristol Street, for the amount of $ 1. 00 (One Dollar), ADOPTED
and all costs of transfer, on the condition the property is
cleared and improved within six (6) months and maintained in a POLICEOVERSIGHTCOMMITTEE
sanitary manner. (ROBERTR.QUINTANA)
PASSED. NO.160
AYES-12 RESPONSE-PKG.NEEDS,ETC.-"B"DISTR.BLDG.
(ITEM#08JULY22,1997)
151 That the above mentioned item be and the same is hereby
TRANSFEROFTITLE,URBANHOMESTEAD-180JEWETTreceived and filed.
AVE(ITEMNO.43,C.C.P.,DEC23,1997) ADOPTED
(ITEMNO.187C.C.P.,FEB17,1998
That the above item be,and the same hereby is returned to NO.161
the Common Council without recommendation. BFLO.PI.-PKG.ASSOCIATEDWITH"B"DISTR.BLDG.
Mr. Zuchlewski moved that the above item be recommitted to (ITEM#101JULY22,1997)
the Committee on Community Development. That the above mentioned item be and the same is hereby
ADOPTED. received and filed.
ADOPTED
NO.152
TRANSFEROFTITLE,URBANHOMESTEAD-161NO.162
CHESTERSTREET(ITEMNO.31,C.C.P.,JAN.6,1998) CCAPA-POLICEOFFICERS'BEHAVIOR.
(ITEMNO.183,C.C.P.,FEB.3,1998) (ITEM#97JANUARY20,1998)
(ITEMNO.188,C.C.P.,FEB.17,1998) 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
Mr. Zuchlewski moved that the above item be recommitted to
the Committee on Community Development. NO.163
ADOPTED. D.WATKINS-USEOFMACE,ETC.
(ITEM#108JANUARY20,1998)
That the above mentioned item be and the
NO.153
NYSDEC-HAZ.WASTEDISPOSAL-910FUHRMANN(CD)
same is hereby received and filed.
(ITERN-#24JANUARY06,1998)
ADOPTED
That the above mentioned iteni be and the same is hereby
NO.164 would not be able to start employment until verification that the
CCAPA-REQ.HRG.ONPOLICEBRUTALITY,ETC(#58,9/30) position is in compliance with the current equal employment
(ITEM#147JANUARY20,1998) opportunity and affirmative action strategy; and
That the above mentioned item be and the same is hereby REFERRED TO THE COMMITTEE ON CIVIL SERVICE
received and filed. FINANCE AND THE CIVIL SERVICE COMMISSION
ADOPTED
NO.170
NO.165 BY:MR.BROWN
CCAPA-REQ.HRG-ONPOLICEBRUTALITY TRAILBLAZINGSIGNAGEFOREASTFERRYSTREETAS
(POL)(#34,10/14) "RICHARDALLENWAY”
(ITEM#148JANUARY20,1998) Whereas: Richard Allen, an ex-slave, was very
That the above mentioned item be and the same is hereby instrumental in fighting for the rights of African-Americans to
received and filed. worship with dignity and spiritual freedom; and
ADOPTED Whereas: When denied the right to participate in a Philadelphia
church -congregation, Richard Allen proceeded to organize the
NO.166 African Methodist Episcopal Church in 1787; and
CCAPA-REQ.ISSUESOFPOLICINGANDABUSEWhereas: This church has remained on the cutting edge of the
(#68,12/23) struggle to eradicate racism and to provide for the spiritual
(ITEM#149JANUARY20,1998) needs of Americans since the colonial days; and
That the above mentioned item be and the same is hereby Whereas: Richard Allen is remembered in history as a
received and filed. prominent leader and should be honored for his struggle in
ADOPTED providing spiritual freedom to many people of African decent;
Now, Therefore, Be It Resolved:
NO.167 That this Common Council approves the installation of
RESPONSE-PUB.HRG.ONPOLICEMISCONDUCTtrailblazing signs proclaiming the portion of East Ferry Street
(CC)(#33,12/23) between Michigan Avenue and Fillmore Avenue as "Richard
(ITEM#151JANUARY20,1998) Allen Way"; and
That the above mentioned item be and the same is hereby Be It Further Resolved:
received and filed. That this Common Council requests the Department of Public
ADOPTED Works to install trailblazing signs that read "Richard Allen
Way" beneath the existing street signs on East Ferry Street
NO.168 between Michigan Avenue and Fillmore Avenue.
D.ANDERSON-COMMENTSRE:DARNELLJACKSON REFERRED TO THE COMMITTEE ON LEGISLATION AND
(ITEM#84FEBRUARY17,1998) THE COMMISSIONER OF PUBLIC WORKS
That the above mentioned item be and the same is hereby
received and filed. NO.171
ADOPTED BY:MR.BROWN
TRAILBLAZINGSIGNAGEFORFLORIDASTREETAS
RESOLUTIONS "JOHNNIEQ.EDWARDSWAY"
NO.169 Whereas: Pastor Johnnie Q. Edwards has served the City of
BY:MR.BROWN Buffalo for many years as both Pastor and Founder of the
MINORITYHIRINGANDEMPLOYEEINITIATIVES Upper Room Church of God in Christ; and
Whereas: The City of Buffalo is comprised of Whereas: Through his spiritual guidance, development and
diverse constituencies and it is important that equal access to support of the youth and elderly, Pastor Johnnie Q. Edwards is
employment be made available for all citizens; and a prominent leader in the community; and
Whereas: The City of Buffalo is duty bound to encourage equal Whereas: For all of his contributions, commitment and
employment opportunities for all residents, and to provide well-dedication to both his community and the City of Buffalo, it is
organized strategies and procedures to meet this objective; and fitting to honor Pastor Johnnie Q. Edwards on the occasion of
Whereas: Unfortunately, our current Affirmative Action Plan his 40th Anniversary and for his faithful service to our
does not adequately address many of the broad issues that community;
relate to equal employment opportunity; and Now, Therefore, Be It Resolved:
Whereas: Minority participation in taking Civil Service Exams, That this Common Council approves the installation of
and the recruitment and promotional efforts for exempt, trailblazing signs proclaiming the portion of Florida Street
seasonal, provisional and temporary workers need between Spillman and Jefferson Avenue as "Johnnie Q.
improvement; and Edwards Way"; and
Whereas: The position of Minority Recruiter in the Division of Be It Further Resolved:
Civil Service should be restored and funded in the 1998-99 city That this Common Council requests the Department of Public
budget. This position would assist with developing ongoing Works to install trailblazing signs that read: "Johnnie Q.
strategies to recruit minorities to apply for employment; and Edwards Way" beneath the existing street signs on Florida
Whereas: We are rapidly approaching the dawn of a new Street between Spillman and Jefferson Avenue.
century, and it is imperative that we develop comprehensive REFERRED TO THE COMMITTEE ON LEGISLATION AND
strategies to propel us forward that do not stifle our progress or COMMISSIONER OF PUBLIC WORKS
growth;
Now, Therefore, Be It Resolved: NO.172
That this Common Council requests that the position of BY:MR.BROWN
Minority Recruiter be restored and funded in the 1998-99 REQUESTORDINANCEAMENDMENTREGARDING
budget; and PAWNSHOPS
Be it Further Resolved: Whereas: Recently there have been numerous complaints
That two seats be added to the Civil Service Commission so made in regard to pawnshops, their operational practices, and
that the Civil Service Commission reflects the diversity of the their treatment of customers; and
City of Buffalo; and Whereas: Many members of this Honorable Body have
Be it Further Resolved: received complaints about employees of certain pawnshops
That the City of Buffalo establish an equal opportunity office making derogatory and insulting remarks towards local
that is located in City Hall and available to all employees; and residents and customers; and
Be it Further Resolved: Whereas: Numerous pawnshops operate in the city with little or
That monthly, quarterly and annual reports on hiring patterns no regard for the laws and regulations as established in the city
and equal employment opportunity information be filed with the ordinances; and
Common Council; and Whereas: The City of Buffalo does not currently fine
Be it Further Resolved: pawnshops when they violate City ordinances;
That the current practice of disqualifying candidates for Now, Therefore Be it Resolved:
employment or promotions because of poor/unsatisfactory That this Common Council requests that the Corporation
credit be prohibited by all departments and city agencies; and Counsel draft an ordinance amendment pertaining to
Be it Further Resolved: pawnshops. This ordinance amendment should include a
That an Equal Employment Opportunity Authorization Form be provision which allows the City of Buffalo to fine pawnshop
developed that would require the signature of the Director of owners when they violate City ordinances; furthermore, the
Labor Relations, the Administrative Director of Civil Service, provision should allow for the fines to increase progressively
and the Director of Budget, and accompany all jobs. Persons with each successive violation; and
Be it Further Resolved: are open; and
That the amendment modify the existing ordinance to enable Whereas: Currently, the City of Buffalo has not established an
the Commissioner of Community Development, rather than the M/WBE requirement for subcontracting and workforce on
Commissioner of Public Works, to convene a hearing construction projects that are utilizing City of Buffalo capital
regarding a specific pawnshop when necessary; and bond money; and
Be it Finally Resolved: Whereas: M/WBE requirements would ensure that skilled
That this Honorable Body requests that the Corporation minority and women-owned businesses are not blocked or left
Counsel file the aforementioned ordinance amendment with the out of opportunities to participate on capital bond funded
City Clerk's Office by 2:00 p.m. Thursday, March 12, 1998. construction projects; and
REFERRED TO THE COMMITTEE ON LEGISLATION, Whereas: Such requirements must be established and include
CORPORATION COUNSEL, COMMISSIONER legislation which stipulates, all City of Buffalo projects utilizing
OF COMMUNITY DEVELOPMENT AND THE capital bond funds include provisions for hiring minority and
COMMISSIONER OF PUBLIC WORKS female workforce and subcontracting with minority and women-
owned businesses.
NO.173 Now, Therefore, Be It Resolved:
BY:MR.BROWN That this Common Council requests the Corporation Counsel
REQUESTTOESTABLISHCITYOFBUFFALOMINORITYto draft legislation that would require M/WBE requirements to
BUSINESSENTERPRISETASKFORCE be part of any construction project that utilizes Capital Bond
Whereas: The City of Buffalo is a culturally and ethnically Funds.
diverse municipality. It is important that business opportunities Disclosure Requirement for City Board Appointments
with the city government be available to all constituencies and Whereas: Currently, all elected officials, appointees to key city
groups; and jobs, and appointees to city boards, both salaried and
Whereas: In recent years, policy initiatives to increase unsalaried, must file a disclosure form with the Board of Ethics;
opportunities for Minority Business Enterprises (MBE's) in and
construction and purchasing contracts with the city of Buffalo Whereas: New appointees are supposed to be told of the
have been established, however, these efforts need reform so financial disclosure requirement when they are sworn into
that results can be improved; and office or when their appointment is finalized by the Common
Whereas: Annually, the city of Buffalo spends millions of Council; and
dollars on purchasing products and various construction Whereas: Over the past several years, some appointees have
projects. Currently, it is difficult to secure data on MBE's that either not been informed of the necessity of filing financial
were awarded construction and purchasing contracts. An MBE disclosure forms with the Board of Ethics or it was not
Task Force would assist with monitoring data on MBE impressed upon them that it is mandatory and not optional; and
participation, and with establishing a uniform reporting process, Whereas: It would make matters easier for everyone involved,
and would provide a vehicle to encourage the inclusion and and would expose anyone not willing to disclose personal
participation of all constituencies; and information, if all appointees, whether salaried or unsalaried, be
Whereas: Presently minorities represent more than forty (40%) required to file financial disclosure forms with the Board of
of the population of the city Ethics before their names are submitted to the Common
of Buffalo. However, construction and procurement Council for final approval.
opportunities are not reflective of our population. An MBE Task Now therefore be it resolved that
Force that includes representatives from BMHA, General This Common Council is supportive of the information required
Services, BEDC, the Common Council, the Sewer Authority, on financial disclosure forms filed with the Board of Ethics for
BURA, the Police and Fire Departments, the Department of both salaried and unsalaried appointees, but is also sensitive to
Public Works, and the Mayor's Office of Contract Compliance the personal nature of the disclosure forms; and therefore
would place many of the responsible parties at the same table directs that all appointing authorities inform all appointees, prior
monthly to discuss this issue and provide solutions to the to acceptance of any appointment, of the requirement to file the
problem; and disclosure forms with the Board of Ethics prior to the
Whereas: An MBE Task Force is essential to the growth and appointment being finalized by this body.
development of this city. A comprehensive approach to Update on Central Park Luminaries on Ring Road
handling these issues is necessary. For too many years, Whereas: On June 28, 1994, this Common Council adopted
minority-owned businesses have struggled to acquire access to Resolution No. 186, Request Installation of Central Park Lights
city contracts in construction and purchasing; and in Delaware Park; and
Whereas: An MBE Task Force would not eliminate the Whereas: It has been four years since that resolution was
responsibility of persons whose job it is to encourage inclusion adopted, and the Central Park lights or luminaries have not
in city government. It would merely provide a process for been installed, although the Murphy Standards already exist
ongoing dialogue and interaction on this issue between policy-and are in place on the Ring Road; and
makers, buyers, legislators, and community and business Whereas: Because of the historical significance of Delaware
representatives; Park and our whole Olmsted Park System, and to promote a
Now, Therefore, Be It Resolved: uniform appearance throughout the park, it is desirable to have
That this Common Council establish a City of Buffalo Minority the Central Park Luminaries installed as soon as possible on
Business Enterprise Task Force charged with the responsibility the Ring Road.
of holding monthly meetings, reviewing quarterly reports on Now therefore be it resolved that
MBE issues, and analyzing, developing and recommending This Common Council requests that the Department of Public
minority business enterprise policy initiatives; and Works Division of Street Lighting respond to this body by
Be it Further Resolved: providing the date it will begin installation of the Central Park
That the MBE Task Force be comprised of the Commissioner Luminaries on the Murphy Standards already in place on the
of the Department of Public Works, the Commissioner of the Ring Road in Delaware Park; and
Department of General Services, the Director of the Buffalo Be it further resolved that
Municipal Housing Authority, the Director of the Buffalo Urban The City Clerk send certified copies of this resolution to the
Renewal Agency, the President of the Buffalo Enterprise Olmsted Parks Conservancy and the Delaware Park Steering
Development Corporation, the General Manager of the Buffalo Committee for their information.
Sewer Authority, and two representatives from the Buffalo REFERRED TO THE COMMITTEE ON LEGISLATION AND
Common Council. THE COMMISSIONER OF PUBLIC WORKS
ADOPTED
NO.175
NO.174 BY: MR.COPPOLA
BY:BYRONW.BROWN SUBJECT:DISCLOSUREREQUIREMENTFORCITY
ESTABLISHM/WBESUBCONTRACTORANDBOARDAPPOINTMENTS
WORKFORCEREQUIREMENTONBONDFUNDS. Whereas: Currently, all elected officials, appointees to key
Whereas: The City of Buffalo established a policy to provide city jobs, and appointees to city boards, both salaried and
the greatest possible benefit to Minority and Women-owned unsalaried, must file a disclosure form with the Board of Ethics;
businesses, by assuring that Equal Employment Opportunities and
are practiced, and that the work force reflect the diversity of the Whereas: New appointees are supposed to be told of the
city; and financial disclosure requirement when they are sworn into
Whereas: The City must continue to reaffirm its commitment to office or when their appointment is finalized by the Common
Equal Employment Opportunity through contracting and Council; and
subcontracting with Minority and Women owned businesses; Whereas: Over the past several years, some appointees have
and in a manner which guarantees all avenues of opportunity either not been informed of the necessity of filing financial
disclosure forms with the Board of Ethics or it was not to be formed (herein referred to as the "Redeveloper") has
impressed upon them that it is mandatory and not optional; and been duly designated as qualified and eligible Redeveloper in
Whereas: It would make matters easier for everyone involved, accordance with the rules and procedures prescribed by the
and would expose anyone not willing to disclose personal City of Buffalo Urban Renewal Agency; and
information, if all appointees, whether salaried or unsalaried, be WHEREAS, the City of Buffalo Urban Renewal Agency and
required to file financial disclosure forms with the Board of the Redeveloper has negotiated a Land Disposition Agreement
Ethics before their names are submitted to the Common for the disposition of a portion of disposition Parcel 3 in the
Council for final approval. New Buffalo Industrial Park.
Now therefore be it resolved that WHEREAS, the terms of said Land Disposition Agreement
This Common Council is supportive of the information required have been approved by the City of Buffalo Urban Renewal
on financial disclosure forms filed with the Board of Ethics for Agency; and
both salaried and unsalaried appointees, but is also sensitive to WHEREAS, said Land Disposition Agreement has been
the personal nature of the disclosure forms; and therefore forwarded by the City of
directs that all appointing authorities inform all appointees, prior Buffalo Urban Renewal Agency to this Common Council for
to acceptance of any appointment, of the requirement to file the action, pursuant to section
disclosure forms with the Board of Ethics prior to the 507, subdivision 2(d) of the General Municipal Law; and
appointment being finalized by this body. WHEREAS, Article 15A of the "General Municipal Law"
REFERRED TO THE COMMITTEE ON CIVIL SERVICE requires that the disposition of land in an Urban Renewal
AND CORPORATION COUNSEL Project may be approved only after a public hearing on due
notice.
NO.176 NOW, THEREFORE, BE IT RESOLVED:
BY: MR.COPPOLA 1. That the City Clerk is hereby directed to publish the notice
SUBJECT:UPDATEONCENTRALPARKattached hereto and marked "Notice of Hearing" in the Buffalo
LUMINARIESONRINGROAD News, no later than the 7th day of March 1998.
Whereas: On June 28, 1994, this Common Council adopted 2. That this Common Council will conduct a Public Hearing on
Resolution No. 186, Request Installation of Central Park Lights the matter stated in said "Notice of Hearing" at 2:00 P.M. in the
in Delaware Park; and Council Chambers on the 17th of March, 1998.
Whereas: It has been four years since that resolution was ADOPTED
adopted, and the Central Park lights or luminaries have not
been installed, although the Murphy Standards already exist NO.179
and are in place on the Ring Road; and BY:MR.FONTANA,MR.FRANCZYK,ANDMR.BROWN
Whereas: Because of the historical significance of Delaware POLICECDISTRICTSTAFFING
Park and our whole Olmsted Park System, and to promote a Whereas:Protecting our neighborhoods from crime is a major
uniform appearance throughout the park, it is desirable to have concern of this council; and
the Central Park Luminaries installed as soon as possible on Whereas: The C District has the highest number of calls for
the Ring Road. service. The C District area accounts for over 35% of priority
Now therefore be it resolved that calls in the city and over 28% of the total calls for service city
This Common Council requests that the Department of Public wide- and
Works Division of Street Lighting respond to this body by Whereas: The C District also accounts for over 30% of city
providing the date it will begin installation of the Central Park wide arrests and over 30% of city wide Part I crimes; and
Luminaries on the Murphy Standards already in place on the Whereas: The Common Council approved the plan in 1997 to
Ring Road in Delaware Park; and have a new C District site built at East Ferry and Fillmore
Be it further resolved that Avenue. In addition The Lovejoy Station House would be fully
The City Clerk send certified copies of this resolution to the staffed, refurbished and remain open 24 hours. In addition, a
Olmsted Parks Conservancy and the Delaware Park Steering site would be named in the Broadway/ Fillmore area for Police
Committee for their information. Community Services. ; and
REFERRED TO THE COMMITTEE ON LEGISLATION AND Whereas: Staffing would be a C District Inspector, 4 Captains,
THE COMMISSIONER OF PUBLIC WORK 13 Lieutenants, and 170 total personnel to C District. (132
Police Officers); and
NO.177 Whereas: While the total may fluctuate slightly there will be 70
BY:MR.COPPOLA total staff at the Lovejoy Station House;
ROADRAGE Now, Therefore, Be It Resolved:
Whereas: A lack of tolerance on our country's That the Police Commissioner or Chief respond to this Council
highways has created a frightening behavioral pattern known as by March 10, 1998
Road Rage; and on staffing levels for the C District- and
Whereas: Road Rage occurs when one driver uses his or her Be It Finally Resolved:
vehicle to harass or intimidate another; and frequently, the other The status of the East Ferry building and remodeling status of
driver has no idea why Road Rage has occurred; and Lovejoy Station
Whereas: Road Rage in this area has caused numerous House
dangerous incidents involving serious injury and death from REFERRED TO THE SPECIAL COMMITTEE ON POLICE
minor occurrences such as fender-benders; and REORGANIZATION AND THE COMMISSIONER OF
Whereas: Road Rage has become a means for aggressive POLICE
individuals to act out their aggressions; however, in doing so
they also create hazardous conditions for innocent drivers who NO.180
could be injured or killed by thoughtless and careless actions of BY:MR.FRANCZYK
the aggressor; and TRANSFEROFFUNDS
Whereas: Road Rage may never be totally eradicated; DIVISIONOFBUDGETANDMANAGEMENT
however, education through the media could help lessen the DIVISIONOFBUILDINGS
number of incidents by informing the public on how to identify That pursuant to section 42 of the Charter and the Certificate
and avoid drivers suffering from this phenomenon. of the Mayor and the Comptroller submitted to the Common
Nor therefore be it resolved that Council, the sum of $75,000 be and the same is hereby
This Common Council recognizes the hazardous conditions transferred from the Division of Budget and Management -
caused by aggressive individuals acting out their aggressions Planning for Capital Improvements account and said sum is
through Road Rage, and requests that the City Clerk send hereby reappropriated as set forth below:
certified copies of this resolution to all local media requesting From:
that they performing a public service by donating 200 Capital Project Fund
announcement time educating the public on how to identify and 061 - Division of Budget and Management
avoid drivers suffering from this phenomenon. 001- Planning for Capital Projects $75,000
ADOPTED To:
NO.178 200 Capital Project Fund
BY:MR.FONTANA 401 - Division of Engineering
SETPUBLICHEARING 568 - Consulting- Engineer for the Main LaSalle
NEWBUFFALOINDUSTRIALPARK Roadway Infrastructure $75,000
URBANRENEWALPLAN PASSED AYES-
APPROVAL-CONTRACTFORSALEOFLAND 12 NOES- 0
GEMINIFINISHERS,INC.
WHEREAS, Gemini Finishers, Inc. and/or other legal entity NO.181
BY:MESSERSFRANCZYK,PITTSANDGRAY
RE: PRIORITIZEAUDFORICERINK NO.183
WHEREAS: The Buffalo Enterprise Development BY:MS.GRAY
Corporation has proposed building an up to $25 million ice rink SALARYORDINANCEAMENDMENT
complex to be located adjacent to the Cobblestone Historic 71-DEPARTMENTOFCOMMUNITYDEVELOPMENT
District; and, 3-DIVISIONOFHOUSING&INSPECTIONS
WHEREAS: Developers and planners assert that the four-rink 013LICENSES&PERMITS
concept will stimulate support from a consortium of ice rink The Common Council of the City of Buffalo does ordain as
enthusiasts, teams and organizations; and, follows:
WHEREAS: Much of the funding for the proposed ice rink That part of Section I of Chapter 35 of the Ordinances of the
complex will flow from city coffers; and, City of Buffalo, relating to 71 Department Of Community
WHEREAS: As many as 900 parking spaces will subsequently Development 3 - Division Of Housing & Inspections 013
vanish for use by Marine Midland Arena; and, Licenses & Permits, which reads:
WHEREAS: There have been numerous questions about the Senior Account Clerk Typist $ 23,397 - $ 26,231 3 Typist $
wisdom of building a megaice development, primarily from 21,917 - $ 24,256
preservationists, developers and other citizens; and, is hereby amended to read:
WHEREAS: The Common Council Cobblestone Task Force 1 Senior Inventory Clerk $ 25,617 - $ 29,030
questioned the construction of large, unwieldy structures 1 Research Aide $ 25,199 - $ 28,566
dwarfing the perspective of the district; and, 1 Senior Clerk (Mary Zizzo, Only) $ 23,160 - $ 25,846
WHEREAS: It is unclear if those attending activities at the ice 2 Typist $ 21,917 - $ 24,256
rink complex will exit such a massive facility to partake of WE, JOSEPH E. RYAN, Commissioner of Community
attractions in the Cobblestone District; and, Development, and JAMES B. MILROY, Director of the
WHEREAS: The Ice Rink mega concept seems a classic case Budget, hereby certify that the above change is necessary for
of a "Planner Driven" project, conceived and forwarded in a the proper conduct, administration and performance of
vacuum. as opposed to divining the true natural drive of the essential services of that department. We recommend that the
market, community or historicity of the area; and, compensation for said position be fixed at the respective
WHEREAS: The Buffalo waterfront, cobblestone area and amount set forth in the foregoing ordinance.
adjacent area should be allowed to reflect its own true essence That a personnel requisition incident to the creation of the
free from the grafting of "alien," historically inconsistent or above-mentioned position, containing a statement of the duties
inappropriate top-down projects; and, for such position, has been filed with the Municipal Civil
WHEREAS: It seems absurd to build a multi-million dollar four-Service Commission, and said Commission has approved and
ice rink concept when an ice rink sits inside Memorial certified the position title set forth in the foregoing ordinance as
Auditorium; and, being the appropriate Civil Service title for the proposed
WHEREAS: Probably at a much smaller city outlay the Aud position.
could be leased to a private operator for all ice skating activities APPROVED AS TO FORM
and organizations; and, MICHAEL RISMAN
WHEREAS: This concept does not prevent exploring an REFERRED TO THE COMMITTEE ON CIVIL SERVICE
Amtrak Station for the Aud, which could be saved as a multi-
use facility; and, NO.184
WHEREAS: The Cobblestone District could then be allowed to BY:MS.GRAY
develop "organically" and naturally, with a mix of industrial, SALARYORDINANCEAMENDMENT
retail and educational attractions; 50-0DEPARTMENTOFHUMANSERVICES,PARKS&
NOW THEREFORE BE IT RESOLVED: RECREATION
That this Common Council supports the prioritization of 021-DIVISIONOFPARKSADMINISTRATION
Memorial Auditorium as the prime location for any proposed Ice 50 I DIVISION OF PARKS
-
Rink Complex, relegating the expensive proposal of building
012 CARE & REPLACEMENT OF TREES
four (!) new ice rinks as a clearly secondary consideration.
The Common Council of the City of Buffalo does ordain as
REFERRED TO THE COMMITTEE ON BUDGET AND THE
follows:
COBBLESTONE TASK FORCE
That part of Section I of Chapter 35 of the Ordinances of the
City of Buffalo, relating to 50 - 0 Department Of Human
NO.182
Services, Parks & Recreation - 021 Division of Parks
BY:MS.GRAY
Administration and 501 - Division Of Parks 012 Care &
SALARYORDINANCEAMENDMENT
Replacement of Trees, which reads:
06-DEPARTMENTOFADMINISTRATION&FINANCE
50-0-021
3-DIVISIONOFLABOR&EMPLOYEERELATIONS
2 Account Clerk Typist $ 22,883 - $ 25,495
001LABORRELATIONS
50-1-012
The Common Council of the City of Buffalo does ordain as
2 Forestry Crew Supervisor $ 25,159 - $ 28,425
follows:
Is hereby. amended to read:
That part of Section I of Chapter 35 of the Ordinances of the
50-0-021
City of Buffalo, relating to 06 - Department Of Administration &
3 Account Clerk Typist $ 22,883 - $ 25,495
Finance 3 - Division Of Labor & Employee Relations 001 Labor
50-1-012
Relations, which reads:
1 Forestry Crew Supervisor $ 25,159 - $ 28,425
Deputy Director Of Labor Relations $ 42,067
WE, DANIEL T. DURAWA, Commissioner of Human
Assistant Director Of Labor Relations $ 39,945
Services, Parks and Recreation, and JAMES B. MILROY,
is hereby amended to read:
Director of the Budget, hereby certify that the above change
2 Assistant Director Of Labor Relations $ 39,945
is necessary for the proper conduct, administration and
IT IS HEREBY CERTIFIED, pursuant to Section 34 of the
performance of essential services of that department. We
Charter, that the immediate passage of the foregoing ordinance
recommend that the compensation for said position be fixed at
is necessary.
the respective amount set forth in the foregoing ordinance.
WE, EVA M. HASSETT, Commissioner of Administration
That a personnel requisition incident to the creation of the
and Finance, and JAMES B. MILROY, Director of the
above-mentioned position, containing a statement of the duties
Budget, hereby certify that the above change is necessary for
for such position, has been filed with the Municipal Civil
the proper conduct, administration and performance of
Service Commission, and said Commission has approved and
essential services of that department. We recommend that the
certified the position title set forth in the foregoing ordinance as
compensation for said position be fixed at the respective
being the appropriate Civil Service title for the proposed
amount set forth in the foregoing ordinance.
position.
That a personnel requisition incident to the creation of the
APPROVED AS TO FORM
above-mentioned position, containing a statement of the duties
MICHAEL RISMAN
for such position, has been filed with the Municipal Civil
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
Service Commission, and said Commission has approved and
certified the position title set forth in the foregoing ordinance as
NO.185
being the appropriate Civil Service title for the proposed
BY:MS.GRAY
position.
SALARYORDINANCEAMENDMENT
APPROVED AS TO FORM
ENTERPRISEFUND
MICHAEL RISMAN
70-DEPARTMENTOFSTREETSANITATION
PASSED AYES-
I-SOLIDWASTE&RECYCLING
12 NOES- 0
011COLLECTIONOFREFUSE&RECYCLING
The Common Council of the City of Buffalo does ordain as for such position, has been filed with the Municipal Civil
follows: Service Commission, and said Commission has approved and
That part of Section I of Chapter 35 of the Ordinances of the certified the position title set forth in the foregoing ordinance as
City of Buffalo, relating to 70 - Department Of Street Sanitation being the appropriate Civil Service title for the proposed
I - Solid Waste & Recycling 011 Collection Of Refuse & position.
Recycling, which reads: APPROVED AS TO FORM
78 Streetworkers $ 23,909 - $ 27,117 MICHAEL RISMAN
8 Laborer II $ 21,829 - $ 24,819 PASSED AYES-
Is hereby amended to read: 12 NOES- 0
79 Streetworkers $ 23,909 - $ 27,117
3 Laborer II $ 21,829 - $ 24,819 NO.188
WE, PAUL V. SULLIVAN, Commissioner of Street BY:MS.GRAY
Sanitation, and JAMES B. MILROY, Director of the SALARYORDINANCEAMENDMENT
Budget, hereby certify that the above change is necessary for 04-DEPARTMENTOFAUDIT&CONTROL
the proper conduct, administration and performance of I-DIVISIONOFAUDIT
essential services of that department. We recommend that the 001AUDITSERVICES
compensation for said position be fixed at the respective The Common Council of the City of Buffalo does ordain as
amount set forth in the foregoing ordinance. follows:
That a personnel requisition incident to the creation of the That part of Section 1 of Chapter 35 of the Ordinances of the
above-mentioned position, containing a statement of the duties City of Buffalo, relating to 04 - Department Of Audit & Control I
for such position, has been filed with the Municipal Civil - Division Of Audit 001 Audit Services, which reads:
Service Commission, and said Commission has approved and 1 Stenographer $ 22,366 - $ 24,819
certified the position title set forth in the foregoing ordinance as is hereby amended to read:
being the appropriate Civil Service title for the proposed 1 Senior Stenographer $ 23,397 - $26,231
position. IT IS HEREBY CERTIFIED, pursuant to Section 34 of the
APPROVED AS TO FORM Charter, that the immediate passage of the foregoing ordinance
MICHAEL RISMAN is necessary.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE WE, JOEL A. GIAMBRA, Comptroller and JAMES B.
MILROY, Director of the Budget, hereby certify that the
NO.186 above change is necessary for the proper conduct,
BY:MS.GRAY administration and performance of essential services of that
SALARYORDINANCEAMENDMENT department. We recommend that the compensation for said
40-DEPARTMENTOFPUBLICWORKS position be fixed at the respective amount set forth in the
1-DIVISIONOFENGINEERING foregoing ordinance.
023TRAFFICENGINEERINGSYSTEMS That a personnel requisition incident to the creation of the
The Common Council of the City of Buffalo does ordain as above-mentioned position, containing a statement of the duties
follows: for such position, has been filed with the Municipal Civil
That part of Section I of Chapter 35 of the Ordinances of the Service Commission, and said Commission has approved and
City of Buffalo, relating to 40 - Department Of Public Works I certified the position title set forth in the foregoing ordinance as
Division Of Engineering 023 Traffic Engineering Systems, being the appropriate Civil Service title for the proposed
which reads: position.
2 Account Clerk Typist $ 22,883 - $25,495 APPROVED AS TO FORM
is hereby amended to read: MICHAEL RISMAN
I Account Clerk Typist $ 22,883 -$25,495 PASSED AYES-
1 Associate Account Clerk $ 25,416 -$ 29,525 12 NOES- 0
WE, JOSEPH N. GIAMBRA, Commissioner of Public
Works, and JAMES B. MILROY, Director of the Budget, NO.189-
hereby certify that the above change is necessary for the
proper conduct, administration and performance of essential
services of that department. We recommend that the
compensation for said position be fixed at the respective
amount set forth in the foregoing ordinance.
That a personnel requisition incident to the creation of the
above-mentioned position, containing a statement of the duties
for such position, has been filed with the Municipal Civil
Service Commission, and said Commission has approved and
certified the position title set forth in the foregoing ordinance as
being the appropriate Civil Service title for the proposed
position.
APPROVED AS TO FORM
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
NO.187
BY:MS.GRAY
SALARYORDINANCEAMENDMENT
06-4DEPARTMENTOFADMINISTRATION&FINANCE
022PARKINGVIOLATIONSBUREAU
The Common Council of the City of Buffalo does ordain as
follows:
That part of Section I of Chapter 35 of the Ordinances of the
City of Buffalo, relating to 06 - 4 Department Of Administration
& Finance 022 Parking Violations Bureau, which reads:
Paralegal Assistant $ 30,026 - $ 34,861
is hereby amended to read:
I Assistant Collection Officer $ 29,057 - $ 32,891
IT IS HEREBY CERTIFIED, pursuant to Section 34 of the
Charter, that the immediate passage of the foregoing ordinance
is necessary.
WE, EVA M. HASSETT, Commissioner of Administration
& Finance, and JAMES B. MILROY, Director of the
Budget, hereby certify that the above change is necessary for
the proper conduct, administration and performance of
essential services of that department. We recommend that the
compensation for said position be fixed at the respective
amount set forth in the foregoing ordinance.
That a personnel requisition incident to the creation of the
above-mentioned position, containing a statement of the duties
By: Messrs. Helfer and Zueh1cwski and
AMENDTAYLOR-LAW
Whereas: Although the Buffalo Common Council is tile final
arbiter in most of the City of Buffalo's municipal arbitration, tile
City's public safety unions generally operate under tile umbrella
of binding arbitration; and
Whereas: Binding arbitration means that if the City
Administration and the union in question cannot agree, an
independent arbitrator settles tile disagreement by issuing a
judgement by which all parties are bound; and
Whereas: The ramifications of binding arbitration arc
enormous; in effect, a person whom tile citizens of the City of
Buffalo did not elect determines a major portion of the City's
budget and leaves the City Administration and the Common
Council with no recourse; and
Whereas: Binding arbitration amounts to ail unfunded mandate
which becomes especially problematic when the City of Buffalo
is experiencing financial difficulties; tile City's fiscal woes are
exacerbated when it is forced to fund an arbitration ruling which
it call ill afford; and
Whereas: It is frustrating for many City officials that the
municipality's ability to pay is not ,Sufficiently factored into the
arbitrator's decision; and
Whereas: In his 1997 Budget proposal, Governor Pataki urged
that a city's ability to pay be tile primary factor weighed by
arbitrators when considering negotiations; unfortunately for
Buffalo and other cities, this change was never implemented;
and
Whereas: Tile result is that tile City of Buffalo forces a $16
million budget gap in the 1998-1999 fiscal year- this gap is
reported to be largely due to rulings made during binding
arbitration in December, 1997;
Now, Therefore, Be It Resolved:
That this Common Council memorializes (lie New York State
Legislature to introduce legislation which would alter the Taylor Whereas: According to New York State Governor George
Law to make the legislative body of a given municipality the final Pataki's Traffic Safety Committee home page, children under
arbiter of all municipal arbitration within that particular the age of four are also required to be in a car seat if they are
municipality; and riding in campers, recreation vehicles, or mobile homes; and
Be It Further Resolved: Whereas: The issue of child safety seats on public
That, if the aforementioned change is not made to the Taylor transportation is not addressed; however, many adults use
Law, this Honorable Body requests that the Taylor Law be public transportation as a means of taking their young children
amended to make ability to pay the primary factor weighed by to school, day care, medical appointments, and other daily
arbitrators when considering negotiations; and activities; and
Be It Further Resolved: Whereas: The issue of child safety seats on public
That this Honorable Body requests that the New York State transportation is one which we must address for the safety and
Legislature allow binding arbitration to end when the sunset well-being of all children who may ever use this form of
clause is available oil June 30, 1999; and transportation in the future;
Be it Finally Resolved: Now, Therefore, Be It Resolved:
That the City Clerk be directed to forward certified copies of That the Buffalo Common Council requests that a
this resolution to the members of tile Western New York representative of the Niagara Frontier Transportation Authority
delegation of tile New York State Legislature as well as the (NFTA) attend the Common Council's Legislation Committee
secretary of the New York State Senate and [lie Clerk of the meeting on Tuesday, March 10, 1998 at 2:00 in the Council
New York State Legislature. Chamber on the 13th floor of City Hall to discuss the feasibility
REFERRED TO THE COMMITTEE ON BUDGET of installing child safety seats on all forms of public
transportation within the NFTA's jurisdiction; and
NO.190 Be It Further Resolved:
BY:MESSERSHELFERANDZUCHLEWSKI That the City Clerk forward certified copies of this resolution to
MEMORIALIZENEWYORKSTATELEGISLATURETOthe Niagara Frontier Transportation Authority, Erie County
PASSPINSLEGISLATION Executive Dennis Gorski, the members of the Western New
Whereas: The PINS (Persons In Need of Supervision) York delegation of the New York State Legislature, and the New
process was designed to assist parents with troubled children; York State Department of Transportation.
and REFERRED TO THE COMMITTEE ON LEGISLATION AND
Whereas: Once a young adult is petitioned to the PINS THE NIAGARA FRONTIER TRANSPORTATION
process, he or she can receive the assistance necessary to AUTHORITY
learn to reject negative influences and make the transition to
adulthood as smoothly and successfully as possible; and NO.192
Whereas: The present definition of a Person In Need of BY Mr. Pitts
Supervision includes males up to 16 years of age and females HIRECONSULTANTFORCABLEFRANCHISEPROCESS
up to 18 years of age; the current PINS statute also declares Whereas: Tele-Communications Inc. and Adelphia
that male runaways up to 16 years of age and female runaways Communications Corp. have finalized plans for a joint venture
up to 18 years of age can be returned to the persons who are which would result in Buffalo's cable system being managed by
legally responsible for them; and Adelphia; and
Whereas: The distinctions between the ages for males and Whereas: TO filed a 394 form with the City on February 23,
females with regard to the PINS process have been declared 1998, initiating a transfer process that must be completed in
unconstitutional by the New York State Court of Appeals; and 120 days; and
Whereas: Following this declaration of unconstitutionality, the Whereas: According to the terms of the franchise agreement
Family Courts ruled that the age of 16 would be the limitation of between the City of Buffalo and TCI of New York, any such
their PINS jurisdiction for both males and females, including transfer of control would have to be approved by the City before
runaways; and if could take effect; and
Whereas: As a result of this Family Court ruling, young adults Whereas: This will be a critical process for the City of Buffalo,
aged 16 and 17 are not required to return to the party who is especially since there are a number of critical franchise
legally responsible for them even though this legal responsibility obligations that have not been complied with by TCl; and
extends until the youth reaches the age of 18; and Whereas: This process involves a variety of highly complex
Whereas: In addition, the parents of a 16 and 17 year olds are and technical issues that require a great deal of careful
obligated to support that child even if the child has left home; analysis and a high level of expertise; and
however, the parents are unable to petition the Family Court to Whereas: TCl and Adelphia, the largest and seventh largest
have the youth declared a Person In Need of Supervision; and cable operators in the country, respectively, have assembled
Whereas: S255/A120 would raise the age of both males and teams of experts to protect the interests of the corporations;
females eligible for the PINS process to age 18; and
Now, Therefore, Be It Resolved: Whereas: The Communications Division of the New York State
That the Buffalo Common Council memorializes the New York Public Service Department has consented to assist the City in
State Legislature to pass S255/AI20; passage of this bill would this process, but the City needs as much outside expertise as
ensure that both males and females up to the age of 18 are possible, especially individuals or firms that have experience in
eligible for the PINS process; and cable system transfers; and
Be It Further Resolved: Whereas: For a relatively modest investment, the City can bring
That this Council also supports the portion of this bill which in a consultant who is intimately familiar with the transfer
would ensure that runaways under the age of 18 are returned to process to help ensure that all matters of concern to the City
the persons who are legally responsible for them; and are properly addressed, particularly complete compliance with
Be It Finally Resolved: the existing franchise agreement and the full payment of all
That the City Clerk forward certified copies of this resolution to revenues that are due to the City; and
Governor George Pataki, all the members of the Western New Whereas: No finds have been placed in the 1997-98 budget for
York delegation, and the Children and Families Committee of this purpose since plans for the transfer were announced in
the New York State Assembly. June, but it behooves the City to identify a source of funding
REFERRED TO THE COMMITTEE ON LEGISLATION AND which could be used to hire a cable consultant to assist in the
CORPORATION COUNSEL transfer process; and
Whereas: The Mayor, Comptroller and Council should
undertake a cooperative effort to identify a funding source and
arrange for the hiring of a qualified cable consultant as soon as
NO.191 possible;
BY:MRS.LOTEMPIO Now, therefore be it resolved:
INSTALLCHILDSAFETYSEATSONPUBLICThat the Mayor and Comptroller be requested to immediately
TRANSPORTATION identify a source of
Whereas: Section 1229-c(l) of the New York State funds to hire a cable transfer consultant; and
Vehicle and Traffic Law states that "no person shall operate a Be It Further Resolved:
motor vehicle in this state unless all ... passengers of such That the City Clerk be directed to forward certified copies of
vehicle under the age of four are restrained in a specially this resolution to the
designed seat which meets the Federal Motor Vehicle Safety Mayor and Comptroller, and ask that they respond no later than
Standards;" and March 12, 1998.
Whereas: NYS Vehicle and Traffic Law Section 1229-c(l 1) ADOPTED
states that children under the age of four must be similarly
restrained while riding on a school bus; and NO.193
By: Mr. Pitts Using tobacco also increases the risk of emphysema,
COUNCILMEMBERWILLIAMSEXCUSEDFROMosteoporosis and cancers of the mouth, tongue, larynx, cervix,
COUNCILMEETING pancreas, bladder and kidneys; and
RESOLVED: Whereas:Smoking at a young age is particularly problematic
That Council Member Barbara Miller-Williams be and hereby is because young people's bodies are vulnerable when they are
excused from the at the Common Council meeting of March 3, still developing and because addictions are hard to break when
1998, due to illness. they start so early; and
ADOPTED. Whereas: In spite of a state law which forbids smoking by
students on school grounds, the prevalence of teen smoking
NO.194 can be seen every day in Buffalo's school yards as children
By: Mrs. Miller-Williams smoke openly; and
MAINTENANCEOFCITYOWNEDPROPERTIES Whereas: The County of Erie has received $86,000 from the
Whereas: Numerous complaints have been made State of New York in Tobacco Enforcement Program Funding
regarding unkept vacant lots, for 1997-98; and
including both city-owned and privately-owned parcels located Whereas: The prevention of teen smoking is one of the most
within the city; and effective and important steps that can be taken to protect the
Whereas: With springtime and warmer weather just around the public health;
comer, there have been problems related to both private and Now, Therefore, Be It Resolved That:
city-owned properties which must be maintained properly; and This Common Council requests the Buffalo Wellness Institute,
Whereas: The City of Buffalo enforces regulations upon the Roswell Park Office of Cancer Control, the Coalition for a
residents to maintain their properties, and the City should be Tobacco Free Erie County, and the Erie County Department of
able to provide information on how it responsibly maintains its Health to file reports on any and all efforts being undertaken to
properties; and prevent teen smoking in Buffalo, including education,
Whereas: The emphasis on more demolition’s in the city will enforcement, and the use of sting operations to identify stores
only increase the need for a comprehensive plan to maintain that sell tobacco products to minors; and
and keep vacant city-owned lots clean; and Be It Further Resolved That:
Now, therefore be it resolved: In as much as minors are still taking up tobacco use at an
That the Buffalo Common Council requests the Department of unacceptable rate, this Council requests the above listed
Street Sanitation to provide information on how maintenance agencies to include in their reports any suggestions they may
and cleaning of city-owned lots will be handled in 1998; and have for further steps that could be taken to combat this
Be it Further Resolved: problem.
That the Department of Street Sanitation provide this Council REFERRED TO THE COMMITTEE ON LEGISLATION,
with its plans for maintenance and upkeep of unattended WELLNESS INSTITUTE, ROSWELL MEMORIAL
private lots and how the cost of these expenses will be INSTITUTE AND ERIE COUNTY HEALTH DEPARTMENT
collected from the property owners; and
Be it Finally Resolved: NO.197
That the Department of Street Sanitation file their response BY:MS.MILLER-WILLIAMS
with the City Clerk's Office no later than 2:00 p.m. Thursday, SETPUBLICHEARING
March 12, 1998. DOWNTOWNENTERTAINMENT
REFERRED TO THE COMMITTEE ON BUDGET, AND THE DISTRICT
COMMISSIONER OF STREET URBANRENEWALPLAN
APPROVAL-CONTRACTFORSALEOFLAND
NO.195 86W.CHIPPEWAL.P.
By: Ms. Miller-Williams WHEREAS, 86 W. Chippewa L.P. and/or other legal entity to
REINVESTIGATETHEFEASIBILITYOFbe formed (herein referred to as the "Redeveloper") has been
"WHITETOPPING"ON duly designated as qualified and eligible Redeveloper in
PROJECTS accordance with the rules and procedures prescribed by the
Whereas: "Whitetopping" is a term that describes the use of City of Buffalo Urban Renewal Agency; and
concrete to rehabilitate deteriorated asphalt paving; and WHEREAS, the City of Buffalo Urban Renewal Agency and
Whereas: With whitetopping, the worn asphalt surface is used the Redeveloper has negotiated a Land Disposition Agreement
as a base course for a layer of concrete - a process reputed to for the disposition of 234 Franklin Street in the Downtown
result in a long service life with virtually no maintenance; and Entertainment District.
Whereas: In addition, supporters claim concrete reflects light WHEREAS, the terms of said Land Disposition Agreement
better than asphalt and therefore cuts lighting costs; and have been approved by the City of Buffalo Urban Renewal
Whereas: Although concrete is more expensive to install, Agency; and
supporters claim it is competitive with asphalt on a life cycle WHEREAS, said Land Disposition Agreement has been
basis because of lower maintenance and lighting costs; forwarded by the City of
Now, Therefore, Be It Resolved That: Buffalo Urban Renewal Agency to this Common Council for
This Common Council requests the Commissioner of Public action, pursuant to section
Works to investigate the feasibility of using whitetopping on city 507, subdivision 2(d) of the General Municipal Law; and
projects and to report his findings back to the Council. WHEREAS, Article 15A of the "General Municipal Law”
REFERRED TO THE COMMITTEE ON LEGISLATION AND requires that the disposition of land in an Urban Renewal
COMMISSIONER OF PUBLIC WORKS Project may be approved only after a public hearing on due
notice.
NO.196 NOW, THEREFORE, BE IT RESOLVED:
BY:MS.MILLER-WILLIAMS 1. That the City Clerk is hereby directed to publish the notice
STEPUPEFFORTSONTEENSMOKING attached hereto and marked "Notice of Hearing" in the Buffalo
Whereas:According to the Roswell Park Cancer Institute, News, no later than the 7th day of March 1998.
tobacco kills more Americans each year than alcohol, cocaine, 2. That this Common Council will conduct a Public Hearing on
crack, heroin, homicide, suicide, car accidents, fires and AIDS the matter stated in said "Notice of Hearing" at 2:00 P.M. in the
combined; and Council Chambers on the 17th of March, 1998.
Whereas: Every day, 3,000 teenagers in the U.S. start smoking ADOPTED
and the majority of them are girls; and
Whereas: According to a Roswell Park brochure, among the NO.198
immediate effects of tobacco use are the following: BY:MS.MILLER-WILLIAMS
Less money available for things other than cigarettes • Smelly SUBJECT:POSSIBLEREUSESFORBUFFALO
hair, clothes, and breath • Reduced sense of smell and taste • CONVENTIONCENTERBUILDING
Loss of athletic endurance Whereas: The Buffalo Convention Center was constructed in
A yellow-gray complexion caused by the toxins in smoke that 1978 to serve as the primary site for various events, including
reduce circulation to the skin; and conventions, trade shows, and festivals; and
Whereas: Among the long-term effects listed in the brochure Whereas: C.H. Johnson Consulting, Inc., billed as experts in
are: convention, sport, and real estate consulting, recently
Smokers get more facial wrinkles, at a younger age, than non-conducted an extensive study of this twenty-year old building
smokers and found numerous deficiencies; and
More women die of tobacco-induced lung cancer than of breast Whereas: The report details problems with the existing
cancer or any other cancer convention center, including inadequate building size, inferior
Tobacco users run a high risk of heart disease and stroke building organization, inability to expand on the existing site,
inadequate facilities and amenities, incapacity to host multiple EFFECTSOFPEPPER-SPRAY
and/or concurrent events, and poor aesthetics ; and Whereas:The use of Pepper Spray has been brought to
Whereas: As a result, C.H. Johnson consultants question by residents and community groups who feel that the
recommended in their report that the City of Buffalo construct a use of the spray by police officers is more punitive in motive
new facility which would enable the City to attract a greater than as a means to more peacefully effect an arrest and calls to
share of events, etc.; and question the negative side effects; and
Whereas: Countless people, including elected officials, officials Whereas: The debate continues over the adverse effects that
from the convention and tourism industry, community leaders, pepper spray has on human physiology which has lead to
and visitors have also recommended that the City update the claims filed against the City of Buffalo; and
existing convention facilities with a new, state of the art facility Whereas: Law enforcement officials state that the use of
which would make us more competitive in the convention pepper spray as a progressive alternative to subdue a suspect,
market; and versus the use of deadly force by using a police baton or
Whereas: According to the report by Johnson Consulting, if we drawing a service revolver and drastically decreases the injury
succeed in attracting more convention business, the economic rates during arrest. As a result of such findings, the Buffalo
impact will extend to our hotels, restaurants, retail outlets, Police Department has equipped its officers with chemical and
transportation services and other local enterprises; and pepper sprays for several years; and
Whereas: As we acknowledge the deficiencies in our current Whereas: Councilmember Robert Quintana has recently filed a
convention facilities and begin planning for a new convention "Pepper Spray Task Force Report" from the City of Berkeley
center, we must also address the question of potential reuse that has recommended to Berkeley's Common Council to end
for the existing building; the use of pepper spray by the Berkeley Police Department
Now, Therefore, Be It Resolved: immediately. The study also presents research conducted by
That the Department of Public Works issue an RFP to begin the United States Military; and
investigating potential reuses for the building which currently Whereas: The summary of the United States Army study
houses the Buffalo Convention Center; and states, "Studies using the active ingredient capsicum from OC
Be It Further Resolved: (Oleoresin Capsicum=an extract of capsicum pepper plants)
That the City Clerk forward certified copies of this resolution to indicate the material may cause: mutagenic effects,
Erie County Executive Dennis Gorski, the Clerk of the Erie carcinogenic effects, sensitization, cardiovascular toxicity,
County Legislature and the Buffalo Convention Center. pulmonary toxicity, neurotoxity, and human fatalities." (United
REFERRED TO THE COMMITTEE ON COMMUNITY States Army Report, United States Army ERDEC, 12/93 p.
DEVELOPMENT, COMMISSIONER OF COMMUNITY 101; and
DEVELOPMENT AND COMMISSION OF PUBLIC WORKS Whereas: Because of the overall health concerns of the
broader community, the community should be well aware of the
NO.199 information presented in the Berkeley Report.
B:MRS.MILLER-WILLIAMS Now Therefore It Be Resolved:
DEDUCATINGNEWHOMEOWNERS That the Common Council request that R. Gil Kerlikowske,
Whereas:The Ellicott District has been progressing over the Commissioner of the Buffalo Police Department, review the
years with new development, particularly in the area of housing "Pepper Spray Task Force Report," file a report in response to
through Income Subsidy Programs from the State and Federal the adverse effects of pepper spray As outlined in the Berkeley
government; and Report; and
Whereas: These Subsidy Programs were new and some Be It Further Resolved That:
people at the time of closing on their house were not totally That the Common Council request that R. Gil Kerlikowske,
aware of the legal liabilities which they incurred at closing. For Commissioner of the Buffalo Police Department report to the
example, there were new home buyers who were awarded Council whether the packaging of pepper spray that the Police
large, substantial subsidies from the New York State Housing Department receives include any type of warning label that
& Municipal Trust for $40,000 and are still unclear to this day if informs the officer how the pepper spray may have a greater
there is a time limit on when the subsidy converts to a grant or effect on people who have hidden illnesses and how it is to be
if it ever converts to a grant, and if in fact, becomes a loan if the properly administered.
owner ever decides to sell their house; and REFERRED TO THE COMMITTEE ON POLICE
Whereas: The residents of the Eastside Coalition are currently REORGANIZATION, THE COMMISSIONER OF POLICE,
considering a civil lawsuit "Bill of Rights" against the previous CORPORATION COUNSEL AND POLICE BENEVOLENT
lawyers and responsible developers who, in the homeowners ASSOCIATION
opinion, failed to adequately inform them of complete subsidy
infuriation, inspection procedures, and lawyer/developer NO.201
responsibilities; and BY: MR.ZUCHLEWSKI
Whereas: Residents have numerous questions and concerns PROSPERINTERESTARBITRATION
of what exactly are the responsibilities of the different parties Whereas:The State of New York Public Employment
involved with the construction and sale of a new build house, Relations Board, settled in final and binding opinion and award
particularly, the role of City Inspectors and the warrantees that of tripartite arbitration panel the matter of the Interest Arbitration
are guaranteed by the developers; and between the Buffalo Police Benevolent Association, Inc. and
Whereas: As a result of community meetings, evidently there is The City of Buffalo, New York, PERB Case Number IA91 -01
a lack of awareness of the rights of some new home buyers. In 0; M91-04 1; and
some instances, there are allegations by new home buyers that Whereas: This case, more familiarly known as the "Prosper
City Inspectors are not properly inspecting new builds during Interest Arbitration Award" was settled in 1992; and
the various stages of construction( i.e. digging, pouring, ruff, Whereas: A provision in this Award pertained to the
insulation, and final); and establishment of a combination one/two person vehicle, or,
Whereas: This perception on the part of some residents that what is better known as a one officer patrol car; and
inspections are not doing their required function is based upon Whereas: The City and the PBA came to an impasse over this
the problems residents have experienced in and around their issue, relieving the matter to an independent arbitrator to
homes after the purchase. Who is exactly responsible and determine what is best for Buffalo's citizenry; and
what they are responsible for when there are problems, the Whereas: The Public Arbitration Panel endorsed the concept
procedures by which a new home owner should follow should of one/two person patrol vehicles, and made the following
be available and outlined in a detailed document which Award:
illustrates this process clearly. A Committee of equal City of Buffalo/Police Benevolent
Now, Therefore It Be Resolved: Association membership is to be formed to study and discuss
That the Common Council request that Community such matters as safety, bargaining unit impact, and other items
Development investigate allegations made by new home buyers regarding a shift to one-person/two person patrol vehicles. The
in reference to inspections of new builds; and total number of members is to be mutually determined by the
Be it Further Resolved: City and the PBA.
That the Department of Community Development research The Committee shall make effective recommendations to the
feasible methods of disseminating a Home Buyers Educational Commissioner of Police.
brochure and/or implementing a workshop in conjunction with The City and the PBA shall negotiate a timetable for the
Developers that conduct business within city limits for all implementation of one-person/two-person patrols; and
housing purchases that involved financial assistance within the Whereas: Since this Award in 1992, there has been no effort to
past ten years as well as applicability to future purchases. follow the determination of the panel by either, the City of
Buffalo or the Buffalo Police Benevolent Association; and
NO.200 Whereas: This issue has been a matter of constant suggestion
BY: MRS.MILLER-WILLIAMS and controversy for many years between the Council, the
Administration, and the Police Department; and opening
Whereas: Disconcerting and inexcusable, this matter has Now, Therefore, Be It Resolved,
never been addressed by either party even after the tripartite That this Common Council request the Buffalo School Board
arbitration panel's final and binding opinion and award of 1992; to begin discussions with the Northwest Buffalo Community
Now, Therefore, Be It Resolved: Center, and the Northwest Buffalo Community Health Care
That this Common Council request that the matter of the Center on the provision of services to the community and
Interest Arbitration between the Buffalo Police Benevolent students upon the opening of the Northwest Academy in
Association, Inc. and The City of Buffalo, New York, PERB September 1999.
Case Number IA91-010; M91-041 be addressed, with REFEREED TO THE COMMITTEE ON EDUCATION, THE
particular attention to the Award of One Officer Patrols; and BOARD OF EDUCATION AND THE SUPERINTENDENT
Be it Further Resolved: OF BOARD OF EDUCATION.
That the Division of Labor Relations, the Buffalo Police
Benevolent Association, and the Buffalo Police Commissioner NO.204
organize to meet and address the Awards in the Prosper By: Messrs. Zuchlewski and Franczyk
Interest Arbitration and carry out their determination through a RE:INCLUSIONOFPOLAND,HUNGARY,ANDCZECH
designated committee; and REPUBLICINNATO
Be it Further Resolved: Whereas: The North Atlantic Treaty Organization
That the decided committee present its recommendations and (NATO) has proven its strength as an institution by maintaining
plan for "One peace in Europe since World War 11; and
Officer Patrols" to the Police Commissioner and to this Whereas: For fifty years of the Cold War, this
Common Council; and military alliance delivered incredible political and economic
Be It Finally Resolved: benefits to its members; and
That Buffalo Police Commissioner R. Gil Kerlikowske, report to Whereas: The continued success of NATO in the
this Honorable post Cold War world is clear by its accretion of new democratic
Body the process of implementing the committee's plan. states into its alliance and its ability to continue its mission of
REFERRED TO THE SPECIAL COMMITTEE ON POLICE diminishing the threat of communism; and
REORGANIZATION, COMMISSIONER OF Whereas: NATO's ability to stabilize politically
ADMINISTRATION AND FINANCE, COMMISSIONER OF vulnerable states can be added to a list of accomplishments
POLICE AND POLICE BENEVOLENT ,ASSOCIATION that include a half century of peace, economic stability, and
democratic dominance; and
NO.202 Whereas: Peace has to be secured through all
By: Mr. Zuchlewski facets; smaller, insolvent nations like Poland, Hungary and the
ADMISSIONSPLANFORNORTHWESTACADEMY Czech Republic must be considered an ally of NATO and,
WHEREAS: The Buffalo School Board has begun therefore, included in its alliance; and
construction on the Northwest Academy which is scheduled to Whereas: An agreement to enlarge NATO to include
be open in September 1999, and Poland, Hungary and the Czech Republic has been signed by
WHEREAS: Although the school has been in the the United States and now is awaiting ratification in the United
planning stages for at least five years, the Board still does not States Senate; and
have a plan for which students will be attending the new Whereas: Senator Daniel Patrick Moynihan, a
school, which current schools will be closed and how the senior, influential member of the Senate, and an ardent
children will be transported to the school, and advocate for these countries in the past, should impel the
WHEREAS: If current school buildings are going to be support of fellow members for the ratification of this historic
closed next year, the City must be informed of these decisions proposal;
with as much advance notice as possible in order to plan for Now, Therefore, Be It Resolved:
their rehabilitation, reuse or demolition and its effect on the That this Honorable Body support the inclusion of Poland,
surrounding neighborhoods, and Hungary and the Czech Republic in the North Atlantic Treaty
WHEREAS: The children living in the area adjacent to Organization ; and
the new school should have the opportunity to attend a school Be it Further Resolved:
in their neighborhood rather than being bussed to another That this Honorable Body urge United States Senator Daniel
school, and Patrick Moynihan to advocate the inclusion of these countries
WHEREAS: If the children living adjacent to the new in NATO and use his influence as a senior member of the
school are allowed to attend, it will have a ripple effect on the Senate to persuade his colleagues to ratify this monumental
rest of the Board's admission policies, and agreement; and
Now, Therefore, Be It Resolved: Be It Further Resolved:
That this Common Council request the Buffalo School Board That this Common Council memorialize the entire United
to inform this Honorable Body of its plans for admission to the States Senate to ratify this agreement to protect and promote
Northwest Academy, its transportation plans and its plans for democracy globally; and
the use of any potentially closed schools. Be it Finally Resolved:
REFEREED TO THE COMMITTEE ON EDUCATION, THE That the City Clerk send certified copies of this Resolution to:
BOARD OF EDUCATION AND THE SUPERINTENDENT United States Senator Daniel Patrick Moynihan, the Western
OF BOARD OF EDUCATION. New York Congressional delegation, and President William
Clinton.
NO.203 ADOPTED
By: Mr. Zuchlewski
COORDINATEPROGRAMSATNORTHWESTACADEMYNO.205
ANDNORTHWESTBUFFALOCOMMUNITYCENTER BY:MR.ZUCHLEWSKI
WHEREAS: The Buffalo School Board has recently CHANGESHIFTHOURSFORBUFFALOPOLICE
begun construction on the Northwest Academy which is DEPARTMENT
adjacent to the Northwest Buffalo Community Center, and Whereas: The Buffalo Police Department's current
WHEREAS: One of the primary reasons this site was daily work schedule is divided into 3 shifts of 10 hours; and
chosen was because it would allow for the coordination of Whereas: In the past, there have been various
services between the Buffalo School Board and the Community discussions to change the number of hours in a shift; and
Center, and Whereas: It is believed that the current shift
WHEREAS: Every effort should be made to ensure the structure tends to lack flexibility for the officers and supervisors
school facilities such as the pool, gym, library, etc. are open to on duty; and
the public and not shut down at the end of the school day, and Whereas: There have been questions as to whether
WHEREAS: This presents the Community Center with or not the current shift structure provides the most efficient use
the opportunity to provide after school programs to another of manpower on the streets during high crime times; and
segment of the population and it presents the opportunity for Whereas: A restructuring of shifts may increase the
the School to become a true "Community School," and efficiency of operations, provide greater service to the people of
WHEREAS: The Northwest Buffalo Community Health Buffalo, and increase productivity in general by greater
Care Center also operates within the Community Center flexibility;
building which provides the opportunity to offer health services Now, Therefore, Be It Resolved:
to the approximately 1000 proposed students, and That Buffalo Police Commissioner R. Gil Kerlikowske and the
WHEREAS: Discussion of details, such as security, Buffalo Police Benevolent Association consider negotiating a
union contracts, hours of operation and staffing need to be new shift structure that would benefit the residents of the City
commenced now in preparation of the September 1999 of Buffalo as well as the police officers employed to protect
them; and NO.212
Be It Finally Resolved: MULTISORBTECH.,INC.-SUPERSPANUPPERNIAGARA
That the Police Commissioner report back to this Common CONCEPT
Council the results of any negotiations in creating a new shift (NO.95,C.C.P.,FEB.17,1998)
structure. Mrs. LoTempio moved that the above item be taken from the
REFERRED TO THE SPECIAL COMMITTEE ON POLICE table. Seconded by Mr. Quintana
REORGANIZATION, THE COMMISSIONER OF POLICE CARRIED
AND PBA. Mrs. LoTempio now moved the approval of the above item.
Seconded by Mr. Quintana
NO.206 REFERRED TO THE SUPERSPAN BRIDGE TASK FORCE
BYMR.ZUCHLEWSKI
FELICITATIONS/INMEMORIAM NO.213
Attached hereto are Felicitation and In Memoriam ANNOUNCEMENTOFCOMMITTEEMEETINGS
Resolutions sponsored by The following meetings are scheduled. All meetings are
Members of the Common Council as indicated: held in the Council Chambers, 13th floor, City Hall, Buffalo,
Felicitation for FEBRUARY 21, 1998 TRINIDAD New York, unless otherwise noted.
NEIGHBORHOOD ASSOCIATION DAY Regular Committees
By Councilmember GRAY Civil Service Committee Tuesday, March 10, 1998
Felicitation for PAUL H. MAC CLENNAN, 44 YEARS OF at 9:30 A.M.
INSPIRING SERVICE Finance Committee Tuesday, March 10, 1998
By Councilmernber PITTS following Civil Service
Legislation Committee Tuesday, March 10, 1998
NO.207 at 2:00 P.M.
By: Mr. Zuchlewski Community Development Wednesday, March 11,
APPOINTMENTS 1998 at 10:00 A.M.
COMMISSIONEROFDEEDS Committee on Education Wednesday, March 11, 1998 at
That the following persons are hereby appointed as 2:00 P.M. in Room 1417.
Commissioner of Deeds for the term ending December Ancillary Meetings
31,1998 conditional upon the person so appointed certifying Special meeting on Finance, Wednesday, March 04, 1998 at
under oath to their qualifications and filing same with the City 10:00 o'clock A.M. in Room 1417
Clerk: Claims Committee Meeting held on Wednesday, March 04,
Linda Capers-Wheeler 1998 at 2:00 o'clock P.M. in Council Chambers
Thomas Louis Wheeler Special meeting on Budget, Thursday, March 05, 1998 at
Claudia Walsh 11:00 o’clock. in Room 1417.
Karen Brim Special meeting on Finance, Thursday, March 12 1998 in
ADOPTED Room 1417 at 2:30 o'clock P.M. in Room 1417
Special meeting on Budget, Monday, March 9, 1998 at
N0.208 10:00 o'clock A.M. in Room 1417.
By: Mr. Zuchlewski
APPOINTMENTS Gretchen A. Pound
COMMISSIONEROFDEEDS Council Reporter
REQUIRED-PERFORMANCE.OFPUBLICDUTIES
That the following persons are hereby appointed as NO.214
Commissioner of Deeds for tile term ending December ADJOURNMENT
31,1998 , conditional upon tile person so appointed certifying, On a motion by Mrs. LoTernpio, Seconded by Ms. Kavanaugh
under oath, to their qualifications and filing same with the City the Council adjourned at 4:40
Clerk:
Frank J. Sandarelli,Jr.
Paula J. Scanlon CHARLES L. MICHAUX, III
Earl Smith CITY CLERK
Thomas M. Wilcox
Sherry A. Holtz
UNFINISHEDBUSINESS
NO.209
BONDRES.-$200,000-POOLDEMO.-CITYPARKS
(NO.237,C.C.P.,FEB.17,1998)
Mrs. LoTempio moved that the above item be taken from the
table.
Seconded by Mr.Quintana
CARRIED
Mrs. LoTempio now moved the approval of the above item.
Seconded by Mr. Zuchlewski
PASSED
AYES-12
NO.210
BONDRES.-$550,000-SO.ELLICOTTUR
(NO.238,C.C.P.,FEB.17,1998)
Mrs. LoTempio moved that the above item be taken from the
table. Seconded by Mr.Quintana
CARRIED
Mrs. LoTempio now moved the approval of the above item.
Seconded by Mr.Quintana
PASSED
NO.211
BONDRES.-$750,000-DEMO.SO.ELLICOTTUR
(NO.239,C.C.P.,FEB.17,1998)
Mrs. LoTempio moved that the above item be taken from the
table. Seconded by Mr. Quintana
CARRIED
Mrs. LoTempio now moved the approval of the above item.
Seconded by Mr.Quintana
PASSED