HomeMy WebLinkAbout98-0414
No.( 8)
COMMON COUNCIL
PROCEEDINGS
OF THE
CITY OF BUFFALO
(APRIL 14, 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,(APRIL14,1998) RECEIVED AND FILED
AT2:00P.M. NO.5
SALVATIONARMY
PRESENT - James W. Pitts President of the Council, 154-156N.PEARL
and and Council Members Brown, Coppola, Fontana, The City Planning Board at its regular meeting held Tuesday,
Franczyk, Gray, Helfer, Kavanaugh, LoTempio, Pitts, April 7, 1998 considered the matter captioned above pursuant
Quintana, Williams and Zuchlewski - 12. to section 511-136 of the Buffalo Code, Use permit required for
human service facilities.
ABSENT - Manley -1. The applicant plans to convert an existing shelter into
administrative offices and a human service training facility with
On a motion by Mrs. LoTempio, seconded by various programs. The applicant is moving this operation from
Mr.Fontana, the minutes of the stated meeting held on an existing building located at 960 Main St.
(March 31, 1998) were approved. The Planning Board found that there is no increase in
concentration of these activities in the surrounding area.
FROMTHEMAYOR RECEIVED AND FILED
NO.6
FROMTHEMAYOR-EXECUTIVEDEPARTMENT I.LAUB&OTHERS
FROMTHECITYPLANNINGBOARD 530RHODEISLAND
The City Planning Board at its regular meeting held Tuesday,
NO.1 April 7, 1998 considered the matter captioned above pursuant
ELKSMITHPROPERTIES to 317.1 of the Buffalo Code, Referable matters to the City
236ELKSTREET Planning Board.
BILLBOARDSIGN The request from I Laub & Others to have the outdoor cafe
The City Planning Board at its regular meeting held Tuesday, permit revoked is a matter for the permitting agency. The
April 7, 1998 considered the matter captioned above pursuant Planning Board can only reference conditions recommended by
to section 387.19 of the Buffalo Code, Application for ground, the Board.
pole, or billboard sign. The Planning Board voted to receive and file this request and
The applicant seeks to erect a 14’x48'x59’ billboard sign along would recommend that Council staff research the conditions
the I-190 nearer than the required 10001 spacing between set by the Common Council or permitting agencies and
billboard signs along the same side of a highway. Under determine if enforcement action is warranted.
SEQR the proposed billboard sign is considered an unlisted REFERRED TO THE COMMITTEE ON LEGISLATION
action which may be studied through uncoordinated review. NO.7
The Planning Board voted to deny the proposed billboard sign. COUNCILMEMBERFONTANA
RECEIVED AND FILED REZONE363DINGENSST.
NO.2 R2TOCM
BENDERSONDEVELOPMENTCO. SPECIALDEVELOPMENTPLAN
2350FILLMOREAVE. ITEMNO.81,C.C.P.10/28/97
REZONE“R3”TO“C2” The City Planning Board at its regular meeting held April 7,
The City Planning Board at its regular meeting held Tuesday, 1998 considered the matter captioned above pursuant to 511-
April 7, 1998 considered the matter captioned above pursuant 126 of the Buffalo Code, Procedures for changes and
to section 511-126 of the Buffalo Code, Procedures for amendments.
changes and amendments. The Common Council approved the rezoning of 363 Dingens
The applicant seeks to rezone 2350 Fillmore Ave. from “R3” to St. from "R2" to "CM" at their meeting of January 6, 1998, Item
“C2” as part of an overall project to construct a pharmacy. The No. 82 subject to conditions set by the City Planning Board.
area will be fenced and landscaped from the adjoining The Planning Board set the following conditions based on the
residential fabric. Under SEQR the proposed sign is Council action and a separate Public Hearing held by the
considered an unlisted action which may be studied through Planning Board for City Wide Site Plan Review. The
uncoordinated review. conditions are as follows:
The Planning Board voted to approve the rezoning. A. The rezoning is approved as;
RECEIVED AND FILED Special Development Plan , Serial No. 31, P. Gramaglia,
NO.3 Petition to Rezone 363 Dingens Street (Item No. 81, C.C.P.
CONWAYPORTER,CPA October 28, 1997) That part of Article XXV of the Buffalo Code
147LINWOODAVE. , as it relates to the map thereof, is hereby amended to show a
The City Planning Board at its regular meeting held Tuesday, "CM" General Commercial District instead of an "112" for the
April 7, 1998 considered the matter captioned above pursuant property known as 363 Dingens Street, Buffalo, New York,
to section 387-19 of the Buffalo Code, Application for billboard, more particularly described as follows on the attached legal
pole or ground sign permit. description.
The applicant seeks to erect a non-illuminated 21x51x41 "ID" Under the aforestated Special Development Plan , pursuant to
sign. Under SEQR the proposed sign is considered an the first two paragraphs of Subdivision (F) of section 511-126,
unlisted action which may be studied through uncoordinated Article XXV of the Buffalo Code this special development plan
review. shall be known as "Special Development Plan, Serial No. 31,"
The Planning Board voted to approve the proposed sign. the following conditions and limitations are placed upon the
RECEIVED AND FILED above described premises:
NO.4 1. The following shall be permitted uses in Special
BENDERSONDEVELOPMENTCO. Development Plan 31
2577-2611MAINST. a.No use other than that of a self service storage operation
PHARMACY shall be permitted under Special Development Plan 31.
The City Planning Board at its regular meeting held Tuesday, b.No non accessory signs shall be permitted in Special
April 7, 1998 considered the matter captioned above pursuant Development Plan 31.
to section 511-79.9 of the Buffalo Code, T.S. site development [c. Accessory signs are not permitted on the rear of the
plan review. buildings or parcel facing the I-90]
The applicant seeks to construct a new pharmacy at the 2. Vehicular access to the site shall be permitted from S.
corners of Main St. and Fillmore Ave. rezone 2350 Fillmore Ogden Street at a distance no greater than 80' from
Ave. from R3 to C2 as part of an overall project to construct a Dingens Street.
10,908 s.f. pharmacy with parking, decorative fencing and 3. A five foot wide strip of land contiguous to the western
landscaping. The T.S. zone requires buildings to be built to the boundary of the subject property along Old South Ogden
front property line on Main Street. Because of the irregular Street shall be developed by the applicant. This strip of l
shape of these parcels the applicant can not situate the and shall be grassed and planted with five foot high
building to be built on the property line of Main St. Under Austrian Pines fifteen feet on center and a 7 foot high
SEQR the proposed sign is considered an unlisted action stockade fence of commercial grade be place between the
which may be studied through uncoordinated review. buildings and the landscaped area.
The Planning Board voted to deny the proposed pharmacy site 4. Landscaping including hedging shall be placed along the
plan based upon the requirements of the zoning ordinance. The front of the property along Dingens St.
Planning Board recommends that the Common Council grant 5. All lighting shall be directed toward the interior of the
an appeal to the applicant conditioned that the dumpster be property.
moved from the proposed location to a location which would not 6. Hours of operation shall be 6:00 a.m. - 11:00 p.m.
be near any housing. 7. That Special Development Plan 31 shall take effect on
April 21, 1998. Comptroller, do hereby certify pursuant to Section 41 of the
8. No modification of this Special Development Plan shall be Charter, that an increase in the sum of $7,552 in the estimates
permitted except upon application, as for rezonings, under for the fiscal year beginning July 1, 1997 is necessary in
section 511-126 of Article XXV of the Buffalo Code with Appropriation Allotments - Division of Inventory and Stores -
notice and public hearing. Exempt Items to meet a contingency which could not have
9.Any building or use permit issued for the property involved been reasonably foreseen when the budget was adopted. The
in Special Development Plan 31 shall conform to the amount of increased appropriation will be met from 100-890-
requirements of the plan as approved, in which case the 050 - Reserve for Capital Appropriations not otherwise
permit shall contain all conditions and limitations placed appropriated for any other purpose. Tile detail of the
thereon by the Common Council. If a building permit is requirements are set forth below:
not issued within six (6) months of the Common Council's TO:
approval, said approval shall be void and the zoning 100 General Fund
classification shall be as it was when the petition for the 10 - Department of General Services
plan was filed. 4 - Division of Inventory and Stores
10. As a condition to the issuance on any and all permits by 085 - Exempt Items
the City of Buffalo, the petitioner shall be required to 981 - Passenger Cars & Other Vehicles (Tire Service Truck
comply with all pertinent ordinances, statutes, rules and Body) $7,552
regulations. Dated: Buffalo, NY March 25, 1998
PASSED RECEIVED AND FILED
AYES-12 , NOES-0 NO.12
NO.8 CERTIFICATEOFNECESSITY
PLANNINGBOARDQUORUM CAPITALBUDGETAMENDMENT
The City Planning Board on March 24, 1998 did not have a AUTHORIZATIONFORADDITIONALCAPITAL
quorum present at the regularly scheduled meeting. Some of INDEBTEDNESS
the absent members notified staff that they would be available We, Anthony M. Masiello, Mayor and Joel A. Giambra,
for a vote via phone for any items that needed an affirmative or Comptroller, do hereby certify, pursuant to Section 359 of the
negative vote. Goia and Ms. Schartz were contacted after the Charter, that it is necessary to authorize an increase in
meeting and cast their votes on the four items which committed indebtedness for Capital Projects Program, provided by the
the Board to an official action. Common Council prior to July 1, 1997 for the ensuing fiscal
This has been the past practice of the Planning Board on the year, by adding the following item:
rare occasions it occurs. The Planning Board members are 200 Capital Projects
very aware of this situation and a making an attempt to the 401 Division of Engineering
frequency of these occurrences to a minimum. One of Reconstruction - Niagara Falls Boulevard $500,000
problems is that one of the members has been out on an Dated: Buffalo, NY, March 31, 1998
extended illness. Mr. Champagne had suffered a stroke and is RECEIVED AND FILED
trying to determine if he can continue to serve the Board. NO.13
If you have any additional questions regarding this matter Rev. REPORTOFAUDIT
Berg, Chairman of Planning Board would be happy to discuss DEPARTMENTOFADMINISTRATIONANDFINANCE
them with you. If you need any assistance from our office DIVISIONOFTREASURY
please do not hesitate to call. In response to the directive requiring the Comptroller to file
REFERRED TO THE COMMITTEE ON LEGISLATION audit reports with the Common Council, I hereby submit copies
NO.9 of the Department of Administration and Finance, Division of
1998-1999ARTS&CULTURAL Treasury, audit report for the period January 1, 1997 to June
FUNDING 30, 1997.
The Arts and Cultural Funding Advisory Committee and Audit Summation
Buffalo Arts Commission are pleased to submit the attached It is important to note that although all of the audit findings and
recommendations for cultural funding for the 1998-1999 fiscal recommendations directly impact the City Treasury, many of
year. the needed systematic improvements will require the efforts of
We respectfully submit the attached correspondence to your various other city departments and divisions. With the goal of
Honorable Body pursuant to the City Code and urge you to implementing all of the report's recommendations, members of
honor our funding request. the Comptroller's office and the Department of Administration
Thank you for your continued support and we look forward to and Finance staff held an audit exit conference to discuss in
further discussion of the above. depth the report's contents.
REFERRED TO THE COMMITTEE ON BUDGET Based on the above meeting, we are pleased to disclose that
steps are currently in place to implement many of the
FROMTHECOMPTROLLER recommendations which the Treasury Division can solely
control. Also, the aforementioned staffs have agreed to initiate
NO.10 a joint effort to make improvements to all systems which share
CERTIFICATEOFNECESSITY mutual controls. Finally, many of the needed changes which
INCREASEDAPPROPRIATION necessitate a broader city-wide effort will be initiated and
DEPARTMENTOFGENERALSERVICES monitored by key staff members who will be identified in
DIVISIONOFINVENTORYANDSTORES upcoming meetings.
We, Anthony M. Masiello, Mayor and Joel A. Giambra, Subsequent Events
Comptroller, do hereby certify pursuant to Section 41 of the Shortly after completion of this audit, certain matters were
Charter, that an increase in the sum of $60,000 in the brought to our attention regarding an apparent large volume of
estimates for the fiscal year beginning July 1, 1997 are tax receipts backdated to December 31, 1997 for the period
necessary in Appropriation Allotments for the Division of January 12 to February 13, 1998. Also, numerous tax receipts
Inventory and Stores, to meet a contingency which could not for this period were presented in an altered status with
have been reasonably foreseen when the budget was adopted. additional tax interest amounts removed.
The amount of increased appropriation will be met from an We are currently reviewing all backdated tax payments
increase of $60,000 in the General City Revenue account 100-deposited from August 1, 1997 to February 13, 1998 and will
104-402-32400 - Charges for Services - Postage not otherwise issue a report of our findings in the future.
appropriated for any other purpose. The detail of the REFERRED TO THE COMMITTEE ON FINANCE,
requirements are set forth below: COMMISSIONER OF ADMINISTRATION AND
TO: FINANCE, CORPORATION COUNSEL AND DIVISION OF
100 General Fund TREASURY
104 - Division of Inventory and Stores NO.14
001 - Inventory Management REPORTOFAUCTION
541 - Postage $60,000 2930BAILEY,NORTHCORNEROFCOLLINGWOOD
Dated: Buffalo, NY, April 2, 1998 FORMERPRECINCT#16INCLUDESFIREHOUSE
RECEIVED AND FILED LOTSIZE:67'X150'
NO.11 ASSESSEDVALUATION:
CERTIFICATEOFNECESSITY LAND:$20,100TOTAL:$241,700
INCREASEDAPPROPRIATION 2950BAILEY,67'NCOLLINGWOOD
RESERVEFORCAPITALAPPROPRIATIONS (FORMERPRECINCT#16PARKINGLOT)
DIVISIONOFINVENTORYANDSTORES LOTSIZE:32'X140'
We, Anthony M. Masiello, Mayor and Joel A. Giambra, ASSESSEDVALUATION:
LAND:$11,200TOTAL:$15,700 Real Estate that were sold at the auction along with the
The Comptroller's Office, Division of Real Estate, and the prospective purchaser and highest bid price:
Department of Community Development, Division of In-Rem, Property Prospective
held a Public Auction on Thursday, April 2, 1998. Address Purchaser Highest Bid
The above properties were offered for sale at said auction after 2930 Bailey Rosanne Lettieri,. $82,500
public notice and due advertisement. Terms and conditions of Former Pct. #16 Dreamco Dev
the auction were established in accordance with Article 27, with Firehouse 100 Stradtman, Cheektowaga, NY
Section 515 of the City Charter.
The property at 2930 Bailey consists of a two story, brick 647 Fillmore Jim McTigue, $3,750
building, with 7,770 sq. ft. that was once used by the Police Former Pct. #8 F. M. Consulting Firm
Dept. and 5,000 sq. ft. which is still being utilized by the Fire 107 Delaware Ave., Bflo., NY
Department. The property at 2950 Bailey is the former parking
lot for Precinct #16. 310 Jersey Jim McTigue $27,500
At closing the purchaser will enter into a lease with the City of Former 107 Delaware Ave.,
Buffalo where in the City will lease the portion the Fire Firehouse #2 Bflo., NY
Department is currently utilizing for a term of five years with an
option for two additional five year terms. The annual rent will be 1446 Main Barney Perry $40,000
$4.00 per sq. ft. with the lessee paying its proportional share of Former Pct. #6 614 Kensington Ave., Bflo, NY
taxes, water, and sewer charges and utilities. Cost of living
adjustments will begin at the end of the second year and will be 485 Michigan Richard Dunn $22,000
adjusted annually there after throughout the initial term and Former Pct. #4 701 Seneca St., Bfio., NY
option periods. The lessor will be responsible for the exterior of
the structure and for the mechanicals. The lessee will be 1731 Seneca Western New York $105,000
responsible for all routine maintenance, minor plumbing and Former Pct. #9 Realty Harry Schectman
heating repairs, underground tanks and the interior of the with Firehouse 124 Delaware Ave., Bflo., NY
space it occupies.
The highest bid received was in the amount of Eighty-Two This office has mailed letters to each of the above prospective
Thousand Five Hundred Dollars ($82,500) from Rosanne purchasers advising them that they must submit a letter
Lettieri of Dreamco Development Corp., 100 Stradtman Street, advising what their intended use for the property is. Once this
Cheektowaga, New York. A deposit of Eighteen Thousand office has determined what their intended use for said
One Hundred Fifty Dollars ($18,150) has been received. The properties are, we will submit communications to Your
balance shall be paid in full at closing. There is no bond and Honorable Body recommending either to approve or receive
mortgage involved. and file said sales.
Ms. Lettieri has been contacted and she has informed the RECEIVED AND FILED
Comptroller's Office, Division of Real Estate, that she intends
to lease back to the City the Fire Department portion of the FROMTHEPRESIDENTOFTHECOUNCIL
building and lease former Precinct #16 portion to a C-2
business. NO.17
A tax and title search or survey will not be provided to the APPOINTMENTTOTHESUPERSPAN
purchaser. The purchaser will pay for the transfer tax, TASKFORCE
recording fees and cost of the legal description. There was a I hereby appointment the following individuals to serve upon
10% buyer's premium added to the high bid to cover the cost of the Super Span Task Force:
the auctioneer's fees. 1) Kevin Gaughan 5042 Lakeshore Road Hamburg, New York
The Division of Collections has indicated that there are no 14075 An Attorney At Law who has been in private practice in
outstanding taxes, parking tickets, street fines and/or Western New York since 1981. Mr. Gaughan has served as
demolition liens owing to the City of Buffalo by Ms. Lettieri of Counsel to the Erie County Legislature and was the founder of
Dreamco Development Corp. the very successful Chautauqua Conference on Regionalism.
I am recommending that Your Honorable Body approve Ms. 2) Matthew Meier 300 Main Place Tower Buffalo, New York
Lettieri's bid, in the amount of Eighty-Two Thousand Five 14202 The President of the American Institute of Architecture
Hundred Dollars ($82,500), authorize the Common Council to of Western New York. Mr. Meier is a practicing Architect with
prepare the necessary documents for the transfer of title and Hamilton, Houston, Lownie and is currently working on the City
that the Mayor be authorized to execute the same. of Buffalo Schools construction and modernization forum.
REFERRED TO THE COMMITTEE ON FINANCE 3)Patricia Rehak of the Greater Buffalo Niagara Partnership.
NO.15 Mrs. Rehak's reputation and work is well known to the City of
AMENDLEASEAGREEMENTBETWEENTHECITYOFBuffalo.
BUFFALO These individuals will bring excellent credentials, skills and
ANDSENIORCITIZENS commitment to the present efforts to develop a consensus for
ITEMNO.13,C.C.P.3/18/97 the Signature Bridge proposal.
Pursuant to the above captioned Item Your Honorable Body REFERRED TO THE COMMITTEE ON LEGISLATION,
approved to renew the lease agreement between the City of CORPORATION COUNSEL, DIVISION OF COLLECTIONS
Buffalo and the Council of Senior Citizen Clubs of Buffalo and AND THE COMPTROLLER
Erie County for use of Room 221 City Hall for the period of
April 1, 1997 - March 31, 2000. FROMTHECOMMISSIONEROFASSESSMENT
This office has been informed by the Council of Senior Citizen
Clubs of Buffalo and Erie County that they have moved from NO.18
221 City Hall to Room 510 City Hall. I am, therefore, CERTIORARIPROCEEDINGS
requesting that Your Honorable Body amend their lease FISCALYEARS1996-97AND1997-98
agreement to use Room 510 City Hall instead of Room 221 233-239,241-249AND251MAIN
City Hall. AND14LAFAYETTESQUARE
AYES - 12, NOES-0 This is to advise that the owner, Main Seneca Corporation,
Mrs. Lotempio moved: has instituted certiorari proceedings on 233-239 Main Street,
That the above communication from the Comptroller dated April 241-249 Main Street, 251 Main Street and 14 Lafayette
14, 1998, be received and filed; and Square, Buffalo, New York, regarding the assessments for the
That the Comptroller be, and he hereby is authorized to amend fiscal years 1996-97 and 1997-98.
the Lease Agreement between the Council of Senior Citizen The assessments were reviewed by this Department and the
Clubs of Buffalo and the County and the City of Buffalo to read owner expressed a willingness to settle the proceedings.
Room 221 of City Hall instead of Room 510 for the period of The three Main Street properties adjoin and, are heated from a
April 1, 1997 through March 31, 2000 as previously approved common source. The combined assessment of the three
in Item No. 13, C.C.P., March 18, 1997. properties was $7,437,500 for fiscal years 1996-97 and 1997-
Passed. 98. The Rand Building, 14 Lafayette Square, was assessed at
AYES- 12, NOES-0 $4,400.00 for the two years at issue.
NO.16 The owner is agreeable to a settlement which would result in a
RESULTSOFPUBLICAUCTION reduction to a total of $5 million on 233-239, 241-249 and 251
HELDONAPRIL2,1998 Main Street for fiscal year 1997-98. The assessment on the
The Comptroller's Office, Division of Real Estate held a Rand Building, 14 Lafayette Square, would remain unchanged
Public Auction on Thursday, April 2, 1998. The following is a at $4.4 million. The 1996-97 proceeding would be
list of the properties under the jurisdiction of the Division of discontinued under this settlement. The owner is also willing to
waive the right to interest on any refund due for the Main Street DIRECTION PROHIBITION
properties. Northeast bound No Left Turn
The amount of city taxes on $7,437,500 was $290,782.22 for This action is being taken in response to traffic pattern
1997-98. The amount on $5,000,000 would have been changes due to the abandonment of Windemere Boulevard and
$195,483.84, a reduction of $95,298.38. the opening of Walgreens at Main/Kenmore. (See previous and
Based upon a review of the current market value of the next three (3) serials)
property, I feel this settlement would be in the best interest of NOTIFICATIONSERIAL#8997
the City. I therefore recommend this settlement, in which the REPEALNOLEFTTURN
Department of Law concurs. ALLENDRIVE,NORTHWESTBOUND
I hereby request that the Corporation Counsel be authorized to ATMAINSTREET
settle the 1997-98 certiorari proceeding on 233-239, 241-249 REGULATIONS OF TURNS -REPEAL
and 251 Main Street by reducing the assessments from a total In conformity with Section 49 of Chapter 479 of the
of $7,437,500 to a total of $5,000,000. Ordinances of the City of Buffalo, the City Engineer hereby
REFERRED TO THE COMMITTEE ON FINANCE notifies Your Honorable Body of this action supplementing,
amending, or repealing existing provisions of Chapter 479 of
FROMTHECOMMISSIONEROFPUBLICWORKS the Ordinances, as stated below, to be effective forty five days
after the first Council meeting at which they appear on the
NO.19 agenda as an item business.
NOTIFICATIONSERIAL#8994 That that part of Section 37 of Chapter 479 of Ordinances of
INSTALLNOPARKING the City of Buffalo be supplemented by repealing therefrom the
EXCEPTOFFICIAL following: REGULATION OF TURNS
POLICEBUSINESS STREET AT INTERSECTION HOURS
GENESEESTREET,NORTHSIDEBETWEENAPOINT40'Allen Drive Main Street 4:00 p.m.- 7:00 p.m.
EASTOFBLAKESTREET DIRECTION PROHIBITION
ANDAPOINT40'CASTTHEREFROM Northwest bound No Left Turn
NO PARKING - INSTALL This action is being taken in response to traffic pattern
In conformity with Section 49 of Chapter 479 of the changes due to the abandonment of Windemere Boulevard and
Ordinances of the City of Buffalo, the City Engineer hereby the opening of Walgreens at Main/Kenmore. (See previous two
notifies Your Honorable Body of this action supplementing, (2) and next two (2) serials)
amending, or repealing existing provisions of Chapter 479 of NOTIFICATIONSERIAL#8998
the Ordinances, as stated below, to be effective forty five days REPEALNOLEFTTURN
after the first Council meeting at which they appear on the KENMOREAVENUE,WESTBOUND
agenda as an item business. ATCAPENBOULEVARD
That that part of Subdivision 24 Section 15 of Chapter 479 of REGULATIONS OF TURNS -REPEAL
Ordinances of the City of Buffalo be supplemented by adding In conformity with Section 49 of Chapter 479 of the
thereto the following: NO PARKING Ordinances of the City of Buffalo, the City Engineer hereby
PROHIBITED notifies Your Honorable Body of this action supplementing,
PORTION OF HIGHWAY PROHIBITED PERIOD amending, or repealing existing provisions of Chapter 479 of
Genesee Street, north side At all times the Ordinances. as stated below, to be effective forty five days
between a point 40' east of Blake St Except after the first Council meeting at which they appear on the
and a point 40' east therefrom Official Police Bus. agenda as an item business.
This action is being taken at the request of the District That that part of Section 37 of Chapter 479 of Ordinances of
Councilmember for the Greater Schiller Park Police Satellite the City of Buffalo be supplemented by repealing therefrom the
Office. following: REGULATION OF TURNS
STREET AT INTERSECTION
NOTIFICATIONSERIAL#8995 Kenmore Avenue Capen Boulevard
REPEALNOLEFTTURN HOURS DIRECTION PROHIBITION
MAINSTREET,NORTHEASTBOUND 4:00 p.m-7:00 p.m. West bound No Left Turn
ATALLENHURSTROAD This action is being taken in response to traffic pattern
REGULATIONS OF TURNS -REPEAL changes due to the abandonment of Windemere Boulevard and
the opening of Walgreens at Main/Kenmore. (See previous
In conformity with Section 49 of Chapter 479 of the three (3) and next serial)
Ordinances of the City of Buffalo, the City Engineer hereby NOTIFICATIONSERIAL#8999
notifies Your Honorable Body of this action supplementing, REPEALNOLEFTTURN
amending, or repealing existing provisions of Chapter 479 of KENMOREAVENUE,WESTBOUND
the Ordinances, as stated below, to be effective forty five days ATALLENHURSTROAD
after the first Council meeting at which they appear on the REGULATIONS OF TURNS -REPEAL
agenda as an item business. In conformity with Section 49 of Chapter 479 of the
Ordinances of the City of Buffalo, the City Engineer hereby
That that part of Section 37 of Chapter 479 of Ordinances of notifies Your Honorable Body of this action supplementing,
the City of Buffalo be supplemented by repealing therefrom the amending, or repealing existing provisions of Chapter 479 of
following: REGULATION OF TURNS the Ordinances, as stated below, to be effective forty five days
STREET AT INTERSECTION HOURS after the first Council meeting at which they appear on the
Main Street Allenhurst Road 4:00 p.m-7:00 p.m agenda as an item business.
DIRECTION PROHIBITION That that part of Section 37 of Chapter 479 of Ordinances of
Northeast bound No Left Turn. the City of Buffalo be supplemented by repealing therefrom the
This action is being taken in response to traffic pattern following: REGULATION OF TURNS
changes due to the abandonment of Windemere Boulevard and STREET AT INTERSECTION
the opening of Walgreens at Main/Kenmore. (See next four (4) Kenmore Avenue Allenhurst Road
serials) HOURS DIRECTION PROHIBITION
NOTIFICATIONSERIAL#8996 4:00 p.m. -7:00 p.m. West bound No Left Turn
REPEALNOLEFTTURN This action is being taken in response to traffic pattern
MAINSTREET,NORTHEASTBOUND changes due to the abandonment of Windemere Boulevard and
ATCAPENBOULEVARD the opening of Walgreens at Main/Kenmore. (See previous four
REGULATIONS OF TURNS -REPEAL (4) serials)
In conformity with Section 49 of Chapter 479 of the NO.20
Ordinances of the City of Buffalo., the City Engineer hereby REPORTOFEMERGENCYBIDS
notifies Your Honorable Body of this action supplementing, CONTAMINATEDSOILDISPOSAL
amending, or repealing existing provisions of Chapter 479 of SHEA'SPERFORMINGARTSCENTER
the Ordinances. as stated below, to be effective forty five days STAGEEXPANSIONPROJECT
after the first Council meeting at which they appear on the During the excavation of basement and sub-grade utility work
agenda as an item business. for the Shea's Performing Arts Center, Stage Expansion
That that part of Section 37 of Chapter 479 of Ordinances of Project, we uncovered soils containing virgin petroleum
the City of Buffalo be supplemented by repealing therefrom the contamination. Subsequent tests were taken throughout the
following: REGULATION OF TURNS site and results confirmed that petroleum volatile and semi-
STREET AT INTERSECTION HOURS volatile organic compounds were present at various locations
Main Street Capen Boulevard 4:00 p.m- 7:00 p.m. throughout the site. Working with Ciminelli-Cowper Co., Inc.
(our Construction Manager) and NFCS Environmental and In obtaining bids for the above project, I have asked for bids on
Safety Consultants, we explored the financial options of a unit price covering the various items of work and material
disposal at landfill or bio-remediation. Approximately 6,000 which will be performed. The final cost of the work will be
cubic yards of material are involved. This converts to based on the actual measured quantities of materials entering
approximately 10,200 tons of material. The following into the work and may be either more or less than the total bid.
emergency bids were received for the trucking and disposal of The following bids were received:
this material at landfill by Ciminelli Cowper Co., Inc.
$17.00 per ton C.I.D. Refuse Service Inc. $23.25 per ton Base Bid Unit Price Increase
Modern Disposal Services, Inc. P & J Construction $349,020.00 - $383,922.00
$28.00 per ton BFI Waste Systems of North America, Inc. Sicilia Construction $367,284.99*- $402,186.99*
$17.00 per ton times 10,200 tons equals $173,400.00. The C & C Contractors, $408,810.00 $443,712.00
anticipated cost of bioremediation would be $194,700.00 if Sunshine Concrete $430,050.00 $464,952.00
remediation were complete in two seasons. Given the semi-*Adjusted Amount
volatile constituents found in the soil, it may take three seasons I hereby certify that the lowest responsible bidder for the above
and increase the cost to approximately $261,700.00. project is P & J Construction Co., Inc.
Please be advised that I have awarded an emergency contract I respectfully recommend that your Honorable Body order the
to C. L .D. Refuse Service, Inc., 10860 Olean Road, Chaffee, work, the cost thereof to be charged to the Capital Projects
NY 14030, in the amount of $173,400.00 to cover the cost of Fund #202-401-002-00-000 in an amount of $349,020.00, plus
the transportation and disposal of the contaminated soil at this approved unit prices not to exceed $34,902.00 as per Item #
project. Funds for this work are available in CPF 292-402-501. 126, C.C.P. 3/3/98 for a total encumbrance of $383,922.00 .
REFERRED TO THE COMMITTEE ON FINANCE The engineer's estimate for this work is $400,000.00.
NO.21 The attached is certified to be a true and correct statement of
REPORTOFBIDSFORTHEERIEBASINMARINA the two (2) lowest bids received. Under provisions of the
PUMPOUT General Municipal Law, any of the bidders may withdraw his
ITEMNO.143,C.C.P.01/21/97 bid if an award of the contract is not made by May 11, 1998.
ITEMNO.21C.C.P.09/02/97 Individual bid submissions are available in our office for
As authorized by Your Honorable Body in Item No. 143, inspection and copies are available upon request.
C.C.P. 01/21/97, 1 have received bids on April 8, 1998 for the At this time a list of locations is being finalized and upon
Erie Basin Marina Pump Out Construction Contract. completion will be forwarded to each Councilmember for review
In obtaining bids for the above project, I have asked for bids on and comment.
a unit price basis covering the various items of work and Mrs. Lotempio moved:
materials which will be performed. The final cost of the work That the communication from the Commissioner of Public
will be based on the actual measured quantities of material Works, dated March 26, 1998, be and hereby is received and
entering into the work and may be more or less than the total filed;
bid. That the Commissioner of Public Works be, and he hereby is
The following bids were received: authorized to award a contract for The Replacement of Tree
Unit Price Root Damaged Sidewalks - Citywide - 1998 to P & J
Contractor Base Bid Increase Construction Co., Inc., the lowest responsible bidder in the
(Base+10%) amount of $349,020.00, plus approved unit prices not to
Destro & Brothers. $19,850.00 $21,835.00 - Low Bid exceed $34,902.00 as per Item #126, C.C.P., 3/3/98 for a total
Concrete Co. Inc encumbrance of $383,922.00. Funds for this project will be
Gateway Welding. $19,908.00 $21,898.00 charged to the Capital Projects Fund #202-401-002-00-000.
Services Inc Passed.
Nichter Construction No Bid AYES-12,NOES-0
Co. Inc. NO.23
I hereby certify that the lowest responsible bidder for the above REPORTOFBIDS
project is Destro & Brothers Concrete Co. Inc., and I RECONSTRUCTIONOFPOOLS
respectfully recommend that your Honorable Body order the VARIOUSLOCATIONS-1998
work and the cost thereof to be charged to the Division of PLUMBINGWORK
Engineering Bond Fund 200-401-027. The amount shall be I advertised for on March 24, 1998 and received the following
$19,850.00, plus approved unit prices for an additional amount sealed proposals for the Reconstruction of Pools, Various
of $1,985.00 for a total encumbrance of $21,835.00. Locations - 1998, Plumbing Work, which were publicly opened
As authorized by Your Honorable Body in Item No. 21, C.C.P. and read on April 7, 1998.
09/02/97 seventy five percent (75%) of the cost of this project Base Bid Alt #1
will be reimburse by a New York State Clean Vessel Numarco, Inc. $ 58,700.00 $4,200.00
Assistance Grant. MKS Plumbing $123,456.00 $7,890.00
The engineers estimate for this work is $25,000.000. The
above is certified to be a true and correct statement of the bids Alternate #1 is for additional work items added by Mechanical
received. Services.
Individual bid submissions are available in our office for
inspection and copies are available upon request. I hereby certify that the foregoing is a true and correct
Mrs. LoTempio moved: statement of all bids received and that Numarco, Inc., with a
That the communication from the Commissioner of Public base bid of Fifty Eight Thousand Seven Hundred and 00/1 00
Works, dated April 8 1998, be and hereby is received and filed Dollars ($58,700.00), plus Alternate #1, in the amount of Four
and Thousand Two Hundred and 00/100 ($4,200.00), for a total
That the Commissioner of Public Works be, and he hereby is amount of Sixty Two Thousand Nine Hundred and 00/1 00
authorized to award a contract for the Erie Basin Marina Pump ($62,900.00), is the lowest responsible bidder in accordance
out Construction Contract to Destro, & Brothers Concrete Co. with the plans and specifications.
Inc-, the lowest responsible bidder in the amount Of I recommend that Your Honorable Body authorize the
$19,850.00 plus approved unit Prices for an additional Commissioner of Public Works to order the work on the basis
$1,985.00 for a total encumbrance in the amount of of the low bid. Funds for this work will be available in CPF 200-
$21,835.00. Funds for this Project are available in the Division 402-063 - Division of Buildings.
of Engineering Bond Fund 200-401-027. Seventy-five percent Total estimate for this work was $45,000.00.
(75%) of the cost of this project will be reimbursed by a New Mrs. Lotempio moved:
york State Clean Vessel Assistance Grant. That the communication from the Commissioner of Public
Passed. Works, dated April 7, 1998, be and hereby is received and
AYES-12, NOES-0 filed; and
NO.22 That the Commissioner of Public Works be, and he hereby is
REPORTOFBIDS authorized to award a contract for the Reconstruction of Pools,
THEREPLACEMENTOFTREEROOTDAMAGED Various Locations - 1998, Plumbing Work, to Numarco, Inc.,
SIDEWALKS-CITYWIDE-1998 the lowest responsible bidder in the amount of $58,700.00,
GROUP#473 plus alternate #1 in the amount of $4,200.00, for a total amount
ITEM#133,C.C.P.3/17/98 $62,900.00. Funds for this work will be available in CPF 200-
ITEM#126,C.C.P.3/3/98 402-063 - Division of Buildings.
This is to advise your Honorable Body that I have advertised Passed.
and received bids on March 25, 1998 for The Replacement of AYES-12, NOES-0
Tree Root Damaged Sidewalk - Citywide - 1998, Group #473. NO.24
REPORTOFBIDS I recommend that Your Honorable Body authorize the
BUFFALOFIREDEPARTMENT Commissioner of Public Works to order the work on the basis
VEHICLEEXHAUSTSYSTEM of the low bid. Funds for this work are available in CPF 201-
ENGINES16&21/LADDER6 402-004 - Division of Buildings.
I advertised for on March 17, 1998 and received the following Total estimate for this work was $13,000.00.
sealed proposals for the Buffalo Fire Department, Vehicle Mrs. Lotempio moved:
Exhaust System, Engines 16 & 21/Ladder 6, 1235 That the communication from Public Works, dated April 1,
Jefferson, which were publicly opened and read on March 31, 1998, be and hereby is received- and filed; and
1998.
Air Cleaning Systems $49,200.00 That the Commissioner of Public Works be, and he hereby is
I hereby certify that the foregoing is a true and correct authorized to award a contract for the Buffalo Fire Department,
statement of all bids received and that Air Cleaning Systems, Vehicle Exhaust System, Engine 33, 273 Kehr to Air Cleaning
with a base bid of Forty Nine Thousand Two Hundred and Systems, the lowest responsible bidder, in the amount of
00/100 Dollars ($49,200.00), is the lowest responsible bidder in $11,900.00. Funds for this work available in CPF 201-402-004
accordance with the plans and specifications. - Division- of Buildings
I recommend that Your Honorable Body authorize the Passed.
Commissioner of Public Works to order the work on the basis AYES-12, NOES-0
of the low bid. Funds for this work are available in CPF 201-NO.27
402-004 - Division of Buildings. REPORTOFBIDS
Total estimate for this work was $50,000.00. RECONSTRUCTIONOFBROADWAYMARKET
Mrs. Lotempio moved: PHASE2RENOVATIONS
That the communication from the Commissioner of Public GENERALCONSTRUCTIONWORK
Works, dated April 1, 1998, be and hereby is received and I advertised for on March 30, 1998 and received the following
filed; and sealed proposals for the Reconstruction of Broadway Market,
That the Commissioner of Public Works be, and he hereby is Phase 2 Renovations, General Construction Work, which were
authorized to award a contract for the Buffalo Fire Department, publicly opened and read on April 13, 1998.
Vehicle Exhaust System, Engines 16 & 21 Ladder 6, 1235 Cypress Development $221,500.00
Jefferson to Air Cleaning Systems, the lowest responsible Peace Development $250,000.00
bidder, in the amount of $49,200.00. Funds for this work are W C Roberson $288,295.00
available in CPF 201-402-004 - Division of Buildings. Nichter Associates $311,000.00
Passed. I hereby certify that the foregoing is a true and correct
AYES- 12, NOES-0 statement of all bids received and that Cypress Development,
NO.25 in the amount of Two Hundred Twenty One Thousand Five
REPORTOFBIDS Hundred and 00/100 Dollars ($221,500.00) is the lowest
BUFFALOFIREDEPARTMENT responsible bidder in accordance with the plans and
VEHICLEEXHAUSTSYSTEM specifications.
ENGINE22 I recommend that Your Honorable Body authorize the
I asked for and received the following sealed informal Commissioner of Public Works to order the work on the basis
proposals for the Buffalo Fire Department, Vehicle Exhaust of the low bid. Funds for this work will be available in CPF 202-
System, Engines 22, 1528 Broadway, which were publicly 402-002 - Division of Buildings.
opened and read on March 31, 1998. Total estimate for this work was $300,000.00.
Mrs Lotempio moved:
Air Cleaning Systems $11,800.00 That the communication from the Commissioner of Public
Air Cleaning Specialists $13,640.00 Works, dated April 13 1998, be and hereby is received and
Environmental Mgmt. Systems No Bid filed; and
That the Commissioner of Public Works be, and he hereby is
I hereby certify that the foregoing is a true and correct authorized to award a contract for the Reconstruction of
statement of all bids received and that Air Cleaning Systems, Broadway Market, Phase 2 Renovations, General Construction
with a base bid of Eleven Thousand Eight Hundred and 00/100 Work, to Cypress Development, the lowest responsible bidder,
Dollars ($11,800.00), is the lowest responsible bidder in in the amount of $221,500.00. Funds for this work are available
accordance with the plans and specifications. I recommend in CPF 202-402-002 - Division of Buildings.
that Your Honorable Body authorize the Commissioner of Passed.
Public Works to order the work on the basis of the low bid. AYES-12, NOES-0
Funds for this work are available in CPF 201-402-004 - NO.28
Division of Buildings. CHANGEINCONTRACT
Total estimate for this work was $13,000.00. ALTERATIONSTOMAINTENANCEFACILITY
Mrs. Lotempio moved: 1120SENECASTREET
That the communication from the Commissioner of Public BUFFALO,NEWYORK
Works, dated April 1, 1998, be and hereby is received and ITEMNO.23,C.C.P.3/17/98
filed; and I hereby submit to your Honorable Body the following contract
That the Commissioner of Public Works be, and he hereby is change for the alterations to the City Maintenance Facility at
authorized to award a contract for the Buffalo Fire Department, 1120 Seneca Street - Allied Fire Protection Systems, Inc.
Vehicle Exhaust System, Engine 22, 1528 Broadway to Air (Sprinkler System) Contract Number 91905800.
Cleaning Systems, the lowest responsible bidder, in the 1. Relocate 8 existing sprinkler heads $500.17 2.
amount of $11,800.00. Funds for this work are available in CPF 2. Add 5 new sprinkler heads $575.12
201-402-004 - Division of Buildings. This change order (change order #2) will result in an increase
Passed. to the contract of One thousand seventy five dollars and 29/100
AYES-12, NOES-0 ($1,075.29).
NO.26 By Item #23 of CCP of March 17, 1998, your Honorable Body
REPORTOFBIDS approved change order #1, which reduced the original contract
BUFFALOFIREDEPARTMENT by $4,499.83. At that time, the changes reflected in change
VEHICLEEXHAUSTSYSTEM order #2 were not foreseen.
ENGINE33 Summary
I asked for and received the following sealed informal Amount of original contract $ 27,860.00
proposals for the Buffalo Fire Department, Vehicle Exhaust Change Order #1 (Item #23, CCP 3/17/98) $4,499.83
System, Engines 33, 273 Kehr, which were publicly opened $ 23,360.17
and read on March 31, 1998. Change Order #2 $ 1,075.29
Amount of revised contract $ 24,435.46
Air Cleaning Systems $11,900.00 Costs have been reviewed by our engineering consultant and
Air Cleaning Specialists $13,640.00 the Department of Public Works and are found to be fair and
Environmental Mgmt. Systems No Bid equitable. Funds for this work are available in CPF 201-401-
005 - Division of Engineering. I request that your Honorable
I hereby certify that the foregoing is a true and correct Body authorize the Commissioner of Public Works to issue a
statement of all bids received and that Air Cleaning Systems, change order to the contractor as set forth above.
with a base bid of Eleven Thousand Nine Hundred and 00/100 Mrs. Lotempio moved:
Dollars ($11,900.00), is the lowest responsible bidder in That the communication from the Department of Public Works,
accordance with the plans and specifications. dated April 8, 1998, be received and filed; and
That the Commissioner of Public Works be, and he hereby is, Correspondence from the Niagara Frontier Transportation
authorized to issue change order No. 2, to Allied Fire Protection Authority has stated that regular bus service on Parkside and
Systems, Inc., an increase in the amount of $1,075.29, as Forest Avenues has been discontinued. Any remaining service
more fully described in the above communication, for the on Parkside is limited to that provided by Buffalo Transit
alterations to the City Maintenance Facility at 1120 Seneca Company, a private corporation, and service on Forest Avenue
Street - C 91905800. Funds for this project are to be charged is limited to one (1) daily "School Special" bus.
to CPF 201-401-005 - Division of Buildings. As Parkside and Forest Avenues are still designated bus
Passed. routes and subject to the provisions of Subsection 45 of
AYES-12, NOES-0 Section 15 of Article 1, Chapter 479 Traffic Ordinances of the
NO.29 Charter and Code of the City of Buffalo, these Traffic
PERMISSIONTOPREPAREPLANS& Ordinances need to be properly updated to reflect this change.
SPECIFICATIONSANDADVERTISE The Department of Public Works, therefore, requests Your
PROPOSALSFORTHEINSTALLATIONOF Honorable Body's approval of the following amendments to the
TRAFFICSIGNALVEHICLE Traffic Ordinances of the City of Buffalo, Chapter 479. Please
DETECTIONLOOPS-1998 note, that should the Niagara Frontier Transportation Authority
I hereby request permission from Your Honorable Body to ever need to reestablish bus service on these routes, these
prepare plans and specifications and advertise for sealed Traffic Ordinances can be revised.
proposals for the projects specified below: I. That Subsection 45 of Section 15 of Article I be amended to
1. Installation of Traffic Signal Vehicle Detection Loops - read as follows:
1998 (45) Parking regulated on bus routes, certain hours
The Engineer's estimate for this project is $50,000.00 and Notwithstanding any other provision of the Ordinances of the
funds are available in Bond Fund No. 201401-002-00-000. City of Buffalo, it is hereby declared to be unlawful for any
This contract will be used to install vehicle detection loops at person to park any vehicle on any portion of any street on which
signalized intersections where streets have been overlayed. passenger buses are legally operated, or permit any vehicle
REFERRED TO THE COMMITTEE ON FINANCE under his control to remain parked thereon for a longer time
NO.30 than necessary to load or unload passengers or property during
REQUESTPERMISSIONTOADVERTISEFORBIDSAND any period from 1:30 a.m. until 7:00 a.m. on any day between
AWARDACONTRACTFORTHEPAINTINGOFSTREET November fifteenth (15) and April first (1) with the following
LIGHTSTANDARDSFOR1998 exceptions and conditions on the streets hereinafter mentioned
We hereby request your Honorable Body's permission to in paragraphs I, II, III, [and] IV and V.
advertise for bids and to award a contract for the painting of I. Bus routes with no daytime parking restrictions;
street light standards. Painting of light standards in the City (Bus route in one direction only) On the streets listed below,
prevents costly replacement of standards that have to be parking shall be allowed at all times on one side of the street.
removed because they have rusted and become dangerous. On the opposite side, parking shall be prohibited from 1:30
The funds are available in Account #200-401-507. a.m. to 7:00 a.m.
Mrs. Lotempio moved: Hamburg Street between Perry Street and Republic Street
That the communication from the Commissioner of Public "New" Street between Efner Street and Trenton Avenue
Works, dated April 8, 1998, be and hereby is received and I. Bus routes with a full-time parking restriction on one side
filed, On the streets listed below, parking shall be prohibited at all
That the Commissioner of Public Works be and he hereby is times on one side of the street. On the opposite side, parking
authorized to advertise for bids and to award a contract for the shall be allowed at all times.
painting of street light standards for 1998. Funds are available Albany Street between Niagara Street and West Avenue
in Account #200-401-507. East Amherst St. between Parkridge Ave and Bailey Avenue
Passed. West Delavan Ave between Niagara St and Herkimer Street
AYES-12, NOES-0 Gorton St between Hamilton Street and Tonawanda Street
NO.31 Hager St between Northland Avenue and East Delavan Ave
REQUESTOFTHENIAGARAFRONTIERHamburg Street between Republic Street and South Street
TRANSPORTATIONAUTHORITYTOCONSTRUCTHamilton Street between Niagara Street and Gorton Street
PAVEMENTIMPROVEMENTSWITHINTHERIGHT-OF-Southbound Humboldt Pkwy service rd between Northland
WAYOFMAINSTREETATTHEBUFFALORIVER Avenue and East Delavan Avenue
I have recently received a letter from Kevin T. McCarthy, Maryland Street between Efner Street and College Street
Property Group Director for the Niagara Frontier Transportation Niagara Street between Ontario Street and Crowley Avenue
Authority, seeking our permission to have the authority North St between Symphony Circle and Delaware Avenue
construct certain permanent pavement improvements within the Schiller Street between Reiman Street and Broadway
public street right-of-way of Main Street, adjacent to the Buffalo Smith Street between South Park Avenue and Elk Street
River. West Utica St between Rhode Island St and Chenango St
The design of the proposed improvements is shown on the Wohlers Av between Dodge Street and Northland Avenue
attached drawing which was supplied to us by the Authority. III. Bus routes with Type I or Type III Alternate Parking
To further clarify the location of the proposed improvement, I On the streets listed below, parking shall be allowed on one
have indicated the site on the attached assessor's map. side of the street at all times when not prohibited by alternate
The Transportation Authority contends that the existing parking regulations.
agreements between the NFTA and the City of Buffalo allows Baynes Street between West Ferry Street and Forest Ave.
for such work to be performed on any City owned lands Brayton St. between Massachusetts Ave and Rhode Island
associated with the Light Rail Project. Considering the College Street between Cottage Street and Maryland Street
sensitivity of the site on the waterfront as it is adjacent to the Cottage Street between Virginia Street and Maryland Street
Inner Harbor Project, I am herein forwarding Mr. McCarthy's Dodge Street between Wohlers Avenue and Kensington
request to you for your consideration and recommendation. Expressway north service road
The Department of Public Works is in the process of reviewing Efher Street between Maryland Street and "New" Street
the construction drawings and details as submitted by the Harvard Place between Main Street and West Delavan Avenue
Engineering Consultants for NFTA and does not anticipate any Jersey St between Lakeview Avenue and Seventh Street
objection to the actual construction methods proposed. Kingsley Street between Wohlers Avenue and Kensington
If the plan is acceptable, we are requesting your Honorable Expressway north service road
Body's permission for NFTA to make improvements on the Lakeview Avenue between Porter Avenue and Jersey Street
City's Main Street Right-of-way under our supervision. Reiman St between North Ogden Street and Schiller Street
REFERRED TO THE COMMITTEE ON COMMUNITY Riley Street between Wohlers Avenue and Kensington
DEVELOPMENT Expressway north service road
NO.32 Roesch Ave between Kenmore Ave and Seabrook Street
REMOVALOFBUSROUTERESTRICTIONS Winter St between Massachusetts Ave and Hampshire St
PARKSIDEAVENUEAND II. Bus routes with Type II Alternate Parking
FORESTAVENUE On the streets listed below, parking shall be allowed on both
ITEMNO.230;C.C.P.02/17/98 sides of the street at all times when not prohibited by alternate
The District Councilmember has sponsored a resolution parking regulations.
requesting the elimination of the bus route parking restrictions Bird Avenue between West Avenue and Niagara Street
on Parkside and Forest Avenues. These restrictions are Herkimer Street between Lafayette Avenue and West Delavan
contained in Subsection 45 of Section 15 of Article 1, Chapter Avenue
479 Traffic Ordinances of the Charter and Code of the City of Lafayette Ave between Niagara Street and Herkimer Street
Buffalo. Memorial Drive between Paderewski Circle and Broadway
Niagara Street between Hertel Avenue and Arthur Street linear foot of City Right of Way utilized to display said vehicles.
Normal Avenue between Hampshire Street and York Street REFERRED TO THE COMMITTEE ON LEGISLATION AND
Paderewski Circle at Paderewski Drive and Memorial Drive THE CITY PLANNING BOARD
Paderewski Drive between Fillmore Avenue and Paderewski NO.35
Circle REUSE
Plymouth Ave between Hudson Street and Hampshire St BUFFALOCONVENTIONCENTER
Red Jacket Pkwy between McClellan Circle and Abbott Rd ITEMNO.198,3/3/98
Richmond Avenue between Porter Avenue/North Street and The referenced item requested that the Commissioner of
West Ferry Street Public Works prepare a Request for Proposals (RFP) for the
Seventh Street between Porter Avenue and and Jersey St re-use of the Buffalo Convention Center should a new Center
Swan Street between Hamburg Street and Michigan Avenue be built elsewhere.
Trenton Avenue between Maryland Street and "New" Street The Corporation Counsel's office has advised us that the
West Avenue between Forest Avenue and Bird Avenue Convention Center is no longer a City building and is no longer
West Avenue between West Ferry Street and Albany Street under the jurisdiction of this department. He further advises
West Avenue between Porter Avenue and Hudson Street that it would be inappropriate to allocate City resources for an
York Street between Normal Avenue and West Avenue RFP to benefit an Erie County facility.
Ill. Exclusions This department will therefore not be preparing the requested
On the streets listed below, parking shall be in accordance with document.
the provisions of the Ordinances of the City of Buffalo REFERRED TO THE COMMITTEE ON COMMUNITY
excluding Subsection 45 of Section 15 of Article 1, Chapter DEVELOPMENT AND COUNTY LEGISLATURE
479 of the Charter and Code of the City of Buffalo. NO.36
Parkside Avenue between Starin Avenue and Florence Avenue INVESTIGATETHEFEASIBILITYOF
Forest Avenue between Niagara Street and Delaware Avenue "WHITETOPPING"ONCITYPROJECTS
*New material is underlined; [ material is deleted. ITEMNO.195,C.C.P3/3/98
Mrs. LoTempio moved: With reference to the above item which was referred to the
That the Corporation Counsel and the City Engineer be and Commissioner of Public Works, the Division of Engineering
they hereby are authorized to amend Chapter 479 of the traffic wishes to submit the following report:
ordinances of the Charter and the Code of the City of buffalo to After exhaustive investigation of the subject, the Division of
reflect the changes as provided in the above communication. Engineering has concluded that "whitetopping" as an
PASSED alternative to asphalt is not appropriate for resurfacing of city
AYES-12, NOES-0 pavements, and is not recommended for the following reasons:
NO.33 1. "Whitetopping" is a relatively new type of high performance
530RHODEISLAND-REVOKE concrete pavement. Its use on urban streets, such as in the
SIDEWALKCAFEPERMIT city, has been limited to several test cases in the area. These
ITEMNO.99;C.C.P.03/17/98 test case locations are still under study.
The Department of Public Works, Division of Engineering has 2. With "whitetopping" the minimum thickness required as an
reviewed the Common Council proceeding (C.C.P. #169, of 4-overlay is 4 inches. This would require the removal of at least
14-87) granting permission to install a sidewalk café at 530 four inches of asphalt surface course to maintain curb reveal
Rhode Island, and has recently inspected said cafe. and to preserve proper profile of the street. In many instances
This department will address all conditions listed in the above this cannot be accomplished without removal of the concrete
mentioned council proceeding as they pertain to Engineering: base also.
Condition #3 [That no portion of said sidewalk cafe be 3. The cost for such removal would increase the cost of
permanent in nature or permanently affixed to the main building resurfacing and would cause most projects to be more
or the public sidewalk] reconstructive in nature than resurfacing. Data is still being
Inspection Result: Although the wrought iron railing is fastened obtained and reviewed regarding the life expectancy and
to the building and sidewalk, it is easily removable and maintenance cost of these products.
therefore not considered permanent. This type cafe border is 4. Also, the noise level of concrete pavements has been
preferable to ropes which can be easily altered. unacceptable for residential streets. Our current policy is to
Condition #4 [That no portion of said sidewalk cafe is less than restrict the construction of concrete pavements to strictly
20' from the west curbline of Essex Street, or extends more commercial streets and/or industrial park roadways. Our staff
than 4'10" from the face of the building, or more than 23'6" in will continue to monitor performance characteristics and other
length] paving industry data sources as they apply to urban use.
Inspection Result: The existing cafe is 13' from the west REFERRED TO THE COMMITTEE ON LEGISLATION
curbline of Essex Street, a violation of 7'. The existing cafe is
also 25' in length, a violation of 1.5'. NO.37
REFERRED TO THE COMMITTEE ON LEGISLATION PAYPHONEAPPLICATIONS
NO.34 (8),BELLATLANTIC
2151NIAGARAST.; Mr. Douglas Mutton, Account Executive with Bell Atlantic,
ENCROACHCITYRIGHTOFWAY 200 Langer Road, West Seneca, New York, 14224 has
Mr. Kenneth Strimple, of Number One Auto Sales, located at requested permission to install eight (8) public payphones
2151 Niagara Street, has requested permission to utilize city within City right-of-way as described in Chapter 441
right of way for the purpose of displaying vehicles for sale. (Telephone Facilities) of the City Ordinances.
The proposed area is concrete and located between the main The proposed payphone locations are as follows:
sidewalk and east curbline of Niagara Street. It is the opinion 1. 2038 Bailey Avenue; north west corner Doat Street, free
of this department that allowing vehicles to be parked at this standing, four feet from curbline in sidewalk area. .
location would create a potentially hazardous condition. 2. 2870 Bailey Avenue, southeast corner Berwyn Avenue, free
Specifically, cars exiting Garfield Avenue, attempting to travel standing, two feet from curbline in sidewalk area.
south on Niagara, would have an obstructed view of oncoming 3. 442 Elmwood Avenue, southwest corner Bryant Street, free
traffic. Secondly, parking vehicles at the proposed site would standing, twelve feet from curbline in sidewalk area.
severely limit the space needed to deposit snow removed from 4. 1120 East Ferry Street; northeast corner Cambridge
the pavement and sidewalk areas during the winter months. Avenue, free standing, two feet from curbline in sidewalk area.
However, this Department has no objection to allowing vehicles 5. 1861 Hertel Avenue; southeast corner Parker Avenue, free
to be parked in the area located between the main sidewalk and standing, nine feet from curbline in sidewalk area.
the building face. 6. 1164 West Avenue; southwest corner West Delavan
Therefore, the Department of Public Works has no objection to Avenue, adjacent to existing storefront.
Your Honorable Body authorizing the Commissioner of Public 7. 900 Niagara Street; northwest corner Massachusetts
Works to issue a "Mere License" for the above described Avenue, free standing, two feet from curbline in sidewalk area.
encroachment provided the following conditions are met: 8. 1221 Sycamore Street; southwest corner Gittere Avenue,
1. That vehicles are permitted to be parked in the area located free standing, fourteen feet from curbline in sidewalk area.
east of the main sidewalk and abutting the building face only. The Department of Public Works has reviewed these
This area measures 8' x 46'. No vehicles are to be parked applications and has no objection to the installation of said
between the main sidewalk and curbline. payphones. However, before a license may be issued, each
2. That the applicant supply the Department of Public Works individual proposed location must be approved by Your
with a certificate of insurance, in an amount deemed sufficient Honorable Body in accordance with Chapter 441-4 of the City
by the Corporation Counsels office, which lists the City of Ordinances as revised (C.C.P. #136 of December 26, 1995).
Buffalo as additionally insured. REFERRED TO THE COMMITTEE ON FINANCE
3. That the applicant be charged an annual fee of $ 1.00 per
FROMTHECOMMISSIONEROFPOLICE VOHNE LICHE KENNELS
NO.38 R.R. 1
CHECKSRECEIVED DENVER: INDIANA 46926
ITEMNO.104,C.C.P.2/2/88 PHONE (765) 985-2274
8155-00107189 C2-97-0116 $981.60 8155-00107190 C2-5-PRE-TRAINED K-9'S @ $6,300 AVG. COST EACH
97-0105 591.60 31,500
TOTAL DEPOSIT $ 1,573.20 4-5 WEEK TRAINING FOR OUR TRAINER @ NO COST 00
The above referenced property has been administratively SHIPPING OF K-9'S TO BUFFALO @ NO COST---00
forfeited by the Drug Enforcement Administration. (DEA). The 5 EQUIPMENT PACKAGES @ $200.00 =1,000
checks were received by this Department and duly deposited in 4-5 WEEKS OF LODGING FOR OUR TRAINER @ NO
the Trust & Agency Account, #610-200-217-00-300. COST 00
RECEIVED AND FILED TOTAL COST $32,500.06
A ONE YEAR GUARANTEE THAT FOR ANY REASON WE
NO.39 CAN RETURN THE K-9 FOR REPLACEMENT NO
"CONCERNEDOFFICERS-EXAM QUESTIONS ASKED.
FORPOLICEDETECT." A TWO YEAR HEALTH GUARANTEE WILL REPLACE K-9
TEXT: Once again we are addressing the issue of a Civil NO QUESTIONS ASKED.
Service Commission approved test for detective, this time HAVE A TRAINING CLASS SCHEDULED FOR MAY 4,
based upon a letter purported to be from an officer(s) who 1998.
refuses to sign his or her name. First, NYS has had an HAVE 40 K-9'S ON HAND AND READY FOR TRAINING,
approved test for the position of detective for many years. AND TO CHOOSE FROM AT ALL TIMES. HAVE DOGS ON
Second, the Police Commissioner and the PBA have supported HAND AND READY SHOULD A REPLACEMENT BE
a test for the position, with a Civil Service approved list as the NEEDED.
outcome. Third, the state law concerning whether or not a KASSEBERG CANINE TRAINING CENTER
municipality conducts a test for detective is irrelevant. If you do 6321 D. MOORES RD.
not provide benefits (money, assignment, prestige, etc.) to a HUNTSVILLE,,ALABAMA 35811
detective, you do not have to hold a test. BPD detectives PHONE (205) 859-6186
receive additional compensation and are eligible for transfer 5-PRE-TRAINED K-9'S @ $7,000.00 EACH $35,000.00
based upon a separate list. The Court of Appeals has clearly 5 WEEK TRAINER COURSE @ NO COST- .00
ruled that these constitute a promotion and, therefore can only TOTAL COST FOR K-9'S ONLY $35,000.00
be granted based on merit. Merit has previously been defined GUARANTEE - SIX MONTH HEALTH WARRANTY ONLY
as a test. EQUIPMENT - NOT INCLUDED
REFERRED TO THE COMMITTEE ON CIVIL SERVICE LODGING FOR TRAINER - NOT INCLUDED
WOULD NEED HALF THE MONEY DOWN TO GO TO
NO.40 EUROPE TO GET THE K-9-S.
"CIVILSERV.COMM.-EXTEND WE DO NOT HAVE OTHER K-9'S TO CHOOSE FROM
POL.LT.ELIGIBLELIST" TRANSPORTATION TO BUFFALO - NOT INCLUDED
TEXT: It is neither in the best interest of the citizens of WOULD NEED TIME TO GET THE K-9'S AND PRE-TRAIN
Buffalo nor the Buffalo Police Department to extend the THEM
eligibility list for police lieutenant. Everyone who is on the DOES NOT HAVE A TRAINING CLASS SCHEDULED
current list was well aware that this would be a two year list, as WOULD HAVE TO GO TO EUROPE AND SELECT
evidenced in the notice of examination. After the list was ANOTHER K-9 AND TRAIN IT SHOULD A REPLACEMENT
published, those who did not score competitively could resume BE NEEDED.
study and preparation for the next examination. A two year list VON DER HAUS GILL GERMAN SHEPHERDS
for lieutenant and captain provides the opportunity for those 301 DOGWOOD DR.
who wish to be promoted to actively and continuously study. WAPAKONETA, OHIO 45895
The department and citizens benefit by having a cadre of PHONE (419) 738-8021
individuals who remain current in their knowledge about 5-PRE-TRAINED K-9'S @ $5,800 EACH- $29,000.00
changes in the law, training, su- pervision, and policy and 6-12 WEEK TRAINING COURSE - NO COST-- .00
procedure. There is no lag time wherein personnel can put SHIPPING TO BUFFALO BUT NO RETURN IF NEEDED.00
away books and materials for several years waiting for the next EQUIPMENT FOR TRAINING - NO COST .00
test. TOTAL COST $29,000.00
It would be a grave injustice to all the personnel who have been GUARANTEE - 30 DAY HEALTH ONLY
preparing for the upcoming test, and a contradiction to equal WOULD NEED TO GO TO EUROPE TO SELECT K=9'S
opportunity, to deny them the right to take the test and be WE DO NOT HAVE OTHER K-9'S TO CHOOSE FROM
eligible for promotion. There is absolutely no demonstrable LODGING FOR TRAINER - NOT INCLUDED
justification for extending the list and if those individuals are not WOULD NEED TIME TO GET THE K-9'S AND PRE TRAIN
allowed to participate in the announced testing process they THEM
can certainly exercise any legal options available to them. In VOHN LICHE KENNELS CAN PROVIDE US WITH A
further support of this, the time for expiration of the old list and SELECTION OF K-9-S, THE BEST GUARANTEE,
adoption of the new list by Civil Service have been established EQUIPMENT, TRANSPORTATION, LODGING FOR OUR
with the Administration and the PBA. TRAINER AT NO COST, HAS A TRAINING CLASS
It should be further noted that complaints about a two year list STARTING IN MAY SO WE CAN HAVE THE READY AND
were not made during the time the matter was before Civil WORKING IN JULY. HAS REPLACEMENT DOGS ON
Service, nor were they made when the notice of examination HAND SHOULD ONE BE NEEDED.
was published, nor when the test was given, when the list was SHOULD YOU NEED FURTHER INFORMATION OF HAVE
published, nor during the period that the list has been in use. ANY QUESTIONS PLEASE CALL ME. AT THE K-9
Only now that the list is going to expire are concerns being TRAINING CENTER AT 851-4587 OR PAGER # 460-6620
voiced. OR AT HOME # 549-5081 ANYTIME. THANK YOU FOR
REFERRED TO THE COMMITTEE ON CIVIL SERVICE YOUR CONSIDERATION IN THIS MATTER.
REFERRED TO THE COMMITTEE ON FINANCE
NO.41
"STATUSCHANGEONLY” FROMTHECOMMISSIONEROFFIRE
CERTIFICATEOFAPPOINTMENT NO.43
Appointment Effective: March 9, 1998, in the Department of: REVENUERECOVERY
Police Division of: to the Position of: Cellblock Attendant The Buffalo Fire Department is in the process of instituting a
Permanent Appointment at the: Intermediate Starting Salary of: program that will raise revenues for the City of Buffalo. This
$ 25,023 program, called Revenue recovery, bills insurance companies
Dwight L. Daniels 86 Zelmer Street Buffalo, New York 14211 for rescue and extrication services, which are necessary at the
REFERRED TO THE COMMITTEE ON CIVIL SERVICE scene of an automobile accident. The services rendered by the
Buffalo Fire Department win not in any way place additional
NO.42 costs on the taxpayers. The potential for revenue recovery in
K-9CORPS the first year may be as much as $500,000.
WAIVEBIDDINGPROCESSK-9DOGSETC. REFERRED TO THE COMMITTEE ON BUDGET
THE FOLLOWING IS THE INFORMATION REQUESTED
REGARDING ITEM #52, C.C.P. MARCH 31, 1998 FOR FROMTHECORPORATIONCOUNSEL
WAIVE BIDDING PROCESS FOR K-9 DOGS, ECT. NO.44
IMPLEMENTATIONOFCOMER Island, the City is required to file a document in the Erie County
SETTLEMENT:COMMUNITYHOUSING Clerk's Office which contains notice that the site had been
CENTERADMINISTRATOR used as a landfill, the period of time during which such use
ITEMNO.61,C.C.P.,3/31/98 occurred, a description of the wastes contained within and a
Pursuant to the terms of the Consent Decrees and restrictive covenant to restrict future use of the property. This
Comer
Department respectfully requests that your Honorable Body
the Request for Proposals ("RFP") for the operation of the
authorize the Mayor to execute this document on behalf of the
Community Housing Center ("CHC"), the City received four
City.
proposals from not-for-profit teams to operate the CHC. The
Mrs. LoTempio moved:
administration formed an ad hoc task force of representatives
That the communication from the Corporation Counsel, dated
from the Law Department, Department of Community
April 2, 1998, be and hereby is received and filed.
Development and private citizens (Angela Blue), reviewed the
That the Mayor be and he hereby is authorized to execute any
proposals received and recommend for this Honorable Body's
and all documents necessary pursuant to Orders on Consent
selection the eligible applicant group as administrator for the
#96-02S and 96-02N for the remediation of Squaw Island.
CHC, with such evaluations subject to the criteria set forth in
PASSED AYES-
the RFP and conducted interviews with the applicants.
12 NOES- 0
Included with this communication for your information is the
blank scoring sheet used by the task force, which reflects the
NO.47
evaluation factors set forth in the RFP.
CONVEYINGLANDFORPUBLICUSE
The task force made its recommendation, which the
ITEMNO.197,C.C.P.2/3/98
Commissioner of Community Development and the Mayor
You requested a response from the Law Department
agreed with, and recommends the selection of Housing
regarding the proposal to convey a parcel of land acquired by
Opportunities Made Equal, Inc. ("HOME"), with Buffalo
the City of Buffalo through tax foreclosure and dedicating such
Federation of Neighborhood Centers, Inc. As the administrator
parcel to public use for the erection of a gateway sign.
and operator of the CHC. We recommend that this Honorable
Section 20 (2) of the General City Law states, among other
Body approve the selection of HOME as the administrator and
things, that "every city is empowered.... to acquire real and
operator of the CHC.
personal property within the limits of the city, for any public or
Under the decree, the City has 40 days from the March 23
municipal purpose...... It is fully within the City's power to take
closing date of proposals under the RFP, or by May 4, 1998
property within its possession and use it for a public purpose.
(the first business day after Saturday, May 2), to select
am
The Council must pass a resolution by a two-thirds vote
administrator, including approval by this Honorable Body.
specifying that a particular piece of property acquired by tax
Again, once the City makes this selection, HUD has 30 days,
foreclosure is being designated as public property and that
or by June 1, 1998 (again, the next business day after
such property is going to be used in a particular way. In this
Saturday, May 30), to approve or disapprove of the City's
case, it would be for a gateway sign.
selection.
There must be some coordination with other City departments.
We would be happy to answer any further questions this
The Division of In-Rem Properties should be contacted in
Honorable Body has regarding this matter.
order to determine exactly how much of the parcel of land is
REFERRED TO THE COMMITTEE ON COMMUNITY
being dedicated for public use. If the entire parcel is not being
DEVELOPMENT
used, the remaining portion may be used for other purposes or
resold. The Department of Human Services, Parks and
NO.45
Recreation would be interested in the question of maintenance.
CZACHOROWSKISETTLEMENT
There may be funds to erect a gateway sign at present, but
On May 3, 1991, a Buffalo Police vehicle being driven by
future maintenance issues should be considered. If a
Police Officer Alphonso Wright was on route patrol near the
particular community group pledges to maintain the sign and
intersection of Bailey Avenue and East Ferry Street. As the
the immediate area, what will happen in the event the group
police vehicle approached the intersection, a white 1989
fails to meet its obligation? What if the group ceases to exist?
Chrysler being driven by Gregory Czachorowski swerved into
The Department of Human Services, Parks and Recreation
its path. Mr. Czachorowski's vehicle did not strike the police
would most likely end up with the responsibility of maintaining
vehicle; however, to avoid striking the Czachorowski vehicle,
the sign if a problem should later arise.
the police vehicle skidded and crossed into another lane and
The Corporation Counsel's office is interested in how the public
struck a third vehicle being driven by Michael McCann. The
use of this property would increase the City's exposure in a
collision with Mr. McCann's vehicle resulted in approximately
lawsuit. How much would the liability to the City increase if the
$3,060.85 damage to the police vehicle.
gateway sign falls into disrepair? Is there going to be a
The City sued Mr. Czachorowski for $3,060.85 because it was
contract between the City and the community group to address
alleged that he caused the accident. The complaint was
concerns over maintenance and liability? Will there be waivers
answered by Colonial Penn Insurance Company on behalf of
executed by any and all parties who agree to maintain the sign
Mr.Czachorowski.
and the surrounding area?
After extensive discussions with representatives of Colonial
These are some of the concerns that should be considered in
Penn Insurance Company, they have agreed to pay $2,295.64
relation to the proposal to convey land for a public use. If you
(75% of $3,060.85). This office recommends that this amount
have additional questions or concerns, please do not hesitate to
be accepted in full satisfaction of the City's claim. In addition to
contact this office.
the expenses of preparing this case for trial (i.e. depositions,
REFERRED TO THE COMMITTEE ON LEGISLATION
discovery, etc.) and the expenses of a trial (i.e. overtime of
police witnesses), it is possible that a jury may find the driver of
NO.48
the police vehicle negligent in some degree in that the
NUISANCEABATEMENT(BAWDYHOUSE
Czachorowski vehicle did not directly strike the police vehicle.
LAW)
rather, the police vehicle attempted to maneuver out of the way
C.C.P.ITEMNO.104,3/17/98
and consequently struck a third vehicle which resulted in the
In response to your resolution of March 17, 1998, Item No.
damage.
104, the office of the Corporation Counsel provides the
In that this matter is not a claim against the City, it should be
following information.
submitted to the Finance Committee not the Claims Committee.
This Office currently uses New York State Real Property
Based on the above, the Office of the Corporation Counsel
Actions and Proceedings Law Section 715 (i.e., the Bawdy
recommends settlement in the amount of $2,295.64.
House Law) to evict tenants involved in drug dealing, and other
Mrs. LoTempio moved:
illegal businesses, in property that they occupy in the City of
That the communication from the Corporation Counsel, dated
Buffalo.
April 2, 1998, be and hereby is received and filed;
After recommendation by this Office, the Narcotics and Vice
That the Corporation Counsel be and he hereby is authorized to
Bureau of the Buffalo Police Department began sending out
settle the Matter of the City of Buffalo v. Gregory Czachorowski
notices including Bawdy House Law information to property
in the amount of $2,295.64, payable to the City.
owners where there has been a documented incident of drug
PASSED AYES-
activity. The Police Department considers a "documented
12 NOES- 0
incident" to be one where a search warrant has been executed,
drugs have been found and arrests have been made. This
NO.46
Office receives a copy of the Police correspondence and keeps
CONSENTORDERS
a running list of the owners and the locations.
SQUAWISLANDREMEDIATION
In many instances, owners will respond to the Police
Pursuant to Orders on Consent #96-02S and 96-02N
Department's letter. Some will call the Police Department or
between the City and the New York State Department of
this office and arrange for a satisfactory solution to the
Environmental Conservation for the remediation of Squaw
problem. RECEIVED AND FILED
Others, through their attorney or otherwise, will send back a
letter indicating that they are evict the involved tenants. Still NO.52
others want more information about the drug transaction. All of REVIEWOFNOMINEESFOR
these inquiries are handled through this Office or the Narcotics APPOINTMENTS--VARIOUSAGENCIES
and Vice Bureau. C.C.P.,2/3/98,NO.2
If we receive no response, or the owner is not willing to C.C.P.2/17/98NO.3
cooperate, and we identify a location where there has been two The Corporation Counsel conferred with the Division of
(2) or more documented incidents of drug activity, a letter is Collections and reports (as verified by that Division as of April
sent from this Office to the owner identifying the documented 2, 1998) that the following nominees for the following boards
incidents and requesting that the owner contact the Law have satisfied their debts to the City:
Department within ten (IO) days of their receipt of the letter to Name City Board
discuss t situation. We also ask the Police Department to send Joseph A. Fiorella Broadway Market Management Board
us a copy of the complete search warrant file for each James K. Morrell City Planning Board
documented incident. RECEIVED AND FILED
Once we get a copy of the search warrant file, we make a
determination as to whether a Bawdy House Eviction FROMTHECOMMISSIONEROFCOMMUNITY
proceeding is warranted. If the owner is cooperative, we assist DEVELOPMENT
the owner in evicting involved tenants. We also look at whether NO.53
other civil remedies such as the Nuisance Abatement Law RESTAURANTDANCINGCLASSIV
(Buffalo Code Chapter 294) or Drug Law (Buffalo Code 75WESTCHIPPEWA
Chapter 161) are indicated and proceed according to the facts Pursuant to Chapter 150 of the City of Buffalo Ordinances,
of each case. please be advised that I have examined the attached
In that State Law comprehensively deals with landlord-tenant application for Restaurant Dancing Class IV located at 75
relations and specifically address the procedure for evicting West Chippewa and find that as to form it is correct. I have
drug-involved tenants pursuant to the Bawdy House Law, it is caused an investigation into the premises for which said
likely that a City Ordinance in this area would be preempted by application for Restaurant Dancing Class IV is being sought
State Law. Additionally, a City Ordinance in this area would be and according to the attached reports from the Fire Department
redundant of the Bawdy House Law and the Nuisance and the Building Inspector, I find it complies with all regulations
Abatement and Drug Law. and other applicable laws. I have caused an investigation by
We would be happy to provide further details about the Bawdy the Police Department into the moral character of Michael
House Program at the Common Council's convenience. Sherk. The report from the Police Department recommending
REFERRED TO THE COMMITTEE ON LEGISLATION approval is attached hereto for Michael Sherk, d/b/a Zoo Bar at
75 West Chippewa. This request is submitted for your
NO.49 consideration and whatever action you deem appropriate.
SMOKINGBOOTHS REFERRED TO THE COMMITTEE ON LEGISLATION
ITEMNO.47,C.C.P.,3/31/98
You requested a response from the Law Department NO.54
regarding the Commissioner of Public Works' communication REPORTOFAUCTION-BID
on smoking booths. The Commissioner has been contacted 2453BAILEY,204'NWECKER
about placing smoking booths within City Hall. He then LOTSIZE:30'X115'
checked with the Law Department to see whether installing the ASSESSEDVALUATION:LAND-$6,900
booths would be a violation of County or City law. TOTAL33,500
The County's ban on smoking in public buildings, the Clean Air On April 2nd, 1998 a public auction was held by the
Act, does apply to government buildings, including City Hall. Comptroller's office and the Department of Community
However, the County Department of Health has advised that Development. After due notice and advertisement, the
the use of such smoking booths is acceptable within public following bid was received for the above captioned property:
buildings. As such, we can imply that they do not violate the Address 2453 Bailey, Bid Amount $ 1,600.00 Purchaser Name
County law. and Address, Mr. Venere Hutchinson, 104 Dorris Avenue,
The City's ordinance, Article IV of Chapter 399 of the Code of Buffalo, New York 14215
the City of Buffalo, provides an absolute prohibition against The subject property consists of a four apartment building
smoking within City buildings. The fact that the smoking is acquired by the City of Buffalo through tax foreclosure in 1996.
done within a booth does not negate the unlawful nature of The purchaser intends to acquire, rehabilitate and use as his
smoking inside a City building. The ordinance would have to residence. The purchaser has deposited twenty percent of the
be amended to allow smoking booths to be used within City bid price.
Hall. The bid price is the amount to be received by the City. The
Previously, the City successfully litigated the right to maintain a buyer will be required to pay a ten percent buyer premium to
smoke-free environment in City Hall. The Council may want to Cash Realty and Auction.
consider the purpose of the ordinance before-. deciding I am recommending that Your Honorable Body approve the bid
whether to amend it to accommodate smoking booths. of Mr. Venere Hutchinson in the amount of One Thousand Six
REFERRED TO THE COMMITTEE ON LEGISLATION Hundred Dollars ($1,600.00). I am further recommending that
the Corporation Counsel prepare the necessary documents for
NO.50 the transfer for title and that the Mayor by authorized to execute
REVIEWOFNOMINEESFOR the same.
BUFFALOARTSCOMMISSION REFERRED TO THE COMMITTEE ON FINANCE
C.C.P.,3/31/98,NO.22
The Corporation Counsel conferred with the Division of NO.55
Collections and reports (as verified by that Division as of April REPORTOFAUCTION-BID
6, 1998) that the following nominees for the Buffalo Arts 1163BROADWAY,WESTCOR.HOUGHTON
Commission have no outstanding debts to the City: LOTSIZE:34'X112'
Name Christine Tebes ASSESSEDVALUATION:LAND-$2,900
RECEIVED AND FILED TOTAL90,000
On April 2nd, 1998 a public auction was held by the
NO.51 Comptroller's Office and the Department of Community
REVIEWOFNOMINEESFOR Development. After due notice and advertisement, the
CHARTERREVISIONCOMMISSION following bid was received for the above captioned property:
C.C.P.,3/31/98,NO.2 Address 1163 Broadway, Bid Amount $6,500.00 Purchaser
The Corporation Counsel conferred with the Division of Name and Address Mr. Willie Ellis, 27 Connelly, Buffalo, New
Collections and reports (as verified by that Division as of April York 14215
6, 1998) that the following nominees for the Charter Revision The subject property consists of a two story frame building
Commission have no outstanding debts to the City: formerly used as a restaurant and banquet facility. The
Names property was acquired by the City of Buffalo through tax
James J. McLoughlin, Sister Barbara Ciarico, RSM, John J. foreclosure in 1995. The purchaser intends to acquire,
Hurley, Robert S. Pacholski, Bishop Nathan S. Halton, Gary P. rehabilitate and rent for income purposes. The purchaser has
Hess, R. Marshall Wingate, George K. Arthur, Lourdes T. deposited twenty percent of the bid price I price.
Iglesias, Robert M. Greene, Sharon D. Randaccio, Leeland N. The bid price is the amount to be received by the City. The
Jones, Jr., Amy H. Friedman, Dr. John M. Thomas, Ph.D. buyer will be required to pay a ten percent buyer premium to
Cash Realty and Auction. of Mr. Venere Hutchinson in the amount of Two Thousand Five
I am recommending that Your Honorable Body approve the bid Hundred Dollars ($2,500.00). I am further recommending that
of Mr. Willie Ellis in the amount of Six Thousand Five Hundred the Corporation Counsel prepare the necessary documents for
Dollars ($6,500.00). I am further recommending that the the transfer for title and that the Mayor by authorized to execute
Corporation Counsel prepare the necessary documents for the the same.
transfer for title and that the Mayor by authorized to execute the REFERRED TO THE COMMITTEE ON FINANCE
same.
RECEIVED AND FILED NO.59
REPORTOFAUCTION-BID
NO.56 394GENESEE,160'WESTOFSPRING
REPORTOFAUCTION-BID LOTSIZE:25'X125'
920EASTDELAVAN,EASTCOR.CAMBRIDGE ASSESSEDVALUATION:LAND-$2,300
LOTSIZE:35'X123' TOTAL26,400
ASSESSEDVALUATION:LAND-$3,700 On April 2nd, 1998 a public auction was held by the
TOTAL44,600 Comptroller's Office and the Department of Community
On April 2nd, 1998 a public auction was held by the Development. After due notice and advertisement, the
Comptroller's Office and the Department of Community following bid was received for the above captioned property:
Development. After due notice and advertisement, the Address 394 Genesee Bid Amount $ 3,150.00 Purchaser
following bid was received for the above captioned property: Name and Address Mr. Lionel Lucas, 253 Moselle, Buffalo,
Address, 920 East Delavan Bid Amount $ 3,500.00 Purchaser New York 14211
Name and address Ms. Martha J. Williams, 905 East Delavan, The subject property is a three story brick building with retail on
Buffalo, New York 14215 the first floor and apartments in the second story. The
The subject property is a single family home acquired by the purchaser intends to acquire, rehabilitate and use for an
City of Buffalo through tax foreclosure in 1997. The purchaser African Art Museum. The purchaser has deposited twenty
intends to acquire, rehabilitate and occupy the property as her percent of the bid price.
residence. The purchaser has deposited twenty percent of the The bid price is the amount to be received by the City. The
bid price. buyer will be required to pay a ten percent buyer premium to
The bid price is the amount to be received by the City. The Cash Realty and Auction.
buyer will be required to pay a ten percent buyer premium to I am recommending that Your Honorable Body approve the bid
Cash Realty and Auction. of Mr. Lionel Lucas in the amount of Three Thousand One
I am recommending that Your Honorable Body approve the bid Hundred Fifty Dollars ($3,150.00). I am further recommending
of Ms. Martha J. Williams in the amount of Three Thousand that the Corporation Counsel prepare the necessary
Five Hundred Dollars ($3,500). I am further recommending documents for the transfer for title and that the Mayor by
that the Corporation Counsel prepare the necessary authorized to execute the same.
documents for the transfer for title and that the Mayor by REFERRED TO THE COMMITTEE ON FINANCE
authorized to execute the same.
REFERRED TO THE COMMITTEE ON FINANCE NO.60
REPORTOFAUCTION-BID
NO.57 669GENESEESTREET,ECORMONROELOTSIZE:82'X
REPORTOFAUCTION-BID TOBROWNSTREETASSESSEDVALUATION:LAND-
994EASTFERRY,95'WSCHUELE $18,700TOTAL87,200
LOTSIZE:60'X163' On April 2nd, 1998 a public auction was held by the
ASSESSEDVALUATION:LAND-$7,300 Comptroller's Office and the Department of Community
TOTAL30,000 Development. After due notice and advertisement, the
On April 2nd, 1998 a public auction was held by the following bid was received for the above captioned property:
Comptroller's Office and the Department of Community Address 669 Genesee Street Bid Amount $ 10,000.00
Development. After due notice and advertisement, the Purchaser Name and Address Mr. Lyle N. Morgan, III, 28 Park
following bid was received for the above captioned property: Drive, Buffalo, New York 14221
Address 994 East Ferry Bid Amount $ 20,000.00 Purchaser The subject property consists of a three story brick warehouse,
Name and Address Mr. Curtis Drake of Drakes Car Service, acquired by the City of Buffalo through tax foreclosure in 1993.
1717 Fillmore, Buffalo, New York 14211 The purchaser intends to acquire, rehabilitate and use the
The subject property consists of a two story masonry building property for storage. The purchaser has deposited twenty
acquired by the City of Buffalo in 1987. The purchaser intends percent of the bid price.
to use the property for dry storage for cabs. The purchaser The bid price is the amount to be received by the City. The
has deposited twenty percent of the bid price. buyer will be required to pay a ten percent buyer premium to
The bid price is the amount to be received by the City. The Cash Realty and Auction.
buyer will be required to pay a ten percent buyer premium to I am recommending that Your Honorable Body approve the bid
Cash Realty and Auction. of Mr. Lyle N. Morgan in the amount of Ten Thousand Dollars
I am recommending that Your Honorable Body approve the bid ($10,000). I am further recommending that the Corporation
of Mr. Curtis Drake in the amount of Twenty Thousand Dollars Counsel prepare the necessary documents for the transfer for
($20,000). I am further recommending that the Corporation title and that the Mayor by authorized to execute the same.
Counsel prepare the necessary documents for the transfer for REFERRED TO THE COMMITTEE ON FINANCE
title and that the Mayor by authorized to execute the same.
REFERRED TO THE COMMITTEE ON FINANCE NO.61
REPORTOFAUCTION-BID
NO.58 1615MAINSTREET,WCORMICHIGANLOTSIZE:120'TO
REPORTOFAUCTION-BID MICHIGAN,961ONTRIANGLE
1254EASTFERRY,EASTCOR.LESLIE ASSESSEDVALUATION:LAND-$19,600
LOTSIZE:62'X106' TOTAL54,700
ASSESSEDVALUATION:LAND-$6,600 On April 2nd, 1998 a public auction was held by the
TOTAL30,000 Comptroller's Office and the Department of Community
On April 2nd, 1998 a public auction was held by the Development. After due notice and advertisement, the
Comptroller's Office and the Department of Community following bid was received for the above captioned property:
Development. After due notice and advertisement, the Address 1615 Main Street Bid Amount $ 10,500.00 Purchaser
following bid was received for the above captioned property: Name and Address Mr. Harinder Brar, 151 Mapleleaf,
Address 1254 East Ferry Bid amount $ 2,500.00 Purchaser Williamsville, New York 14221
Name and address Mr. Venere Hutchinson, 104 Dorris The subject property consists of a two story brick building
Avenue, Buffalo, New York 14215 formally known as the Le Paris Hotel and Restaurant, acquired
The subject property is a vacant two story brick office building by the City of Buffalo through tax foreclosure in 1994. The
acquired by the City of Buffalo through tax foreclosure in 1990. purchaser intends to acquire, rehabilitate and use the property
The purchaser intends to acquire, rehabilitate and use for as a hotel and restaurant. The purchaser has deposited twenty
office space. The purchaser has deposited twenty percent of percent of the bid price.
the bid price. The bid price is the amount to be received by the City. The
The bid price is the amount to be received by the City. The buyer will be required to pay a ten percent buyer premium to
buyer will be required to pay a ten percent buyer premium to Cash Realty and Auction.
Cash Realty and Auction. I am recommending that Your Honorable Body approve the bid
I am recommending that Your Honorable Body approve the bid of Mr. Harinder Brar in the amount of Ten Thousand Five
Hundred Dollars ($10,SOO). I am further recommending that Hundred Dollars ($1,500.00). I am further recommending that
the Corporation Counsel prepare the necessary documents for the Corporation Counsel prepare the necessary documents for
the transfer for title and that the Mayor by authorized to execute the transfer for title and that the Mayor by authorized to execute
the same. the same.
REFERRED TO THE COMMITTEE ON FINANCE REFERRED TO THE C0MMITTEE ON FINANCE
NO.62 NO.65
REPORTOFAUCTION-BID FIRSTCHANGEINCONTRACTNO.91936900
750PERRYSTREET,555EVANRENSSELAER BUFFALOCENTRALTERMINAL
LOTSIZE:120'X137',133.11E, TEMPORARYPROTECTIONPHASE1
192.43REAR During the construction of the above project certain items
ASSESSEDVALUATION:LAND-$8,220 that were unforeseen at the time of the bids were let, required
On April 2nd, 1998 a public auction was held by the attention.
Comptroller's Office and the Department of Community Therefore, we recommend that the following change be made
Development. After due notice and advertisement, the to Contract No. 91936900 with Gianadda Construction Corp.:
following bid was received for the above captioned property: 1. Provide new wood framing and roof at Roof Area "D", Open
Address 750 Perry Street Bid Amount $ 47,000.00 Purchaser Item No 2. in letter ADD: $46,318.91 dated with revision March
Name and Address Mr. Robert Nuchereno of Lamar 11, 1998 from Gianadda Construction Corp.
Advertising, 4800 Shimmerville, Clarence, New York 14031 2. Provide additional window infill, Open Item No. 3 in letter
The subject property is a vacant parcel of land acquired by ADD: $6,751.31 dated with revision March 11, 1998 from
the City of Buffalo through tax foreclosure in 1943. The Gianadda Construction Corp.
purchaser intends to use the property for the posting of a Original Contract Amount $ 243,190.00
billboard. The purchaser has deposited twenty percent of the Change Order No. 1 (This Change) Add $ 53,071.22
bid price. New Contract Amount $ 296,261.22
The bid price is the amount to be received by the City. The These cost have been reviewed and approved by Hamilton
buyer will be required to pay a ten percent buyer premium to Houston Lownie Architects, PC, project Architectural
Cash Realty and Auction. Consultant. FundsforthisextraworkisavailableinC.P.A.200-717-
I am recommending that Your Honorable Body approve the bid 531.
of Mr. Robert Nuchereno in the amount of Forty Seven I recommend the Your Honorable Body authorize the
Thousand Dollars ($47,000). I am further recommending that Commissioner of Community Development issue a change
the Corporation Counsel prepare the necessary documents for order to Gianadda Construction Corp., as set forth above.
the transfer for title and that the Mayor by authorized to execute Mrs LoTempio moved:
the same. That the communication from the Department of Community
REFERRED TO THE COMMITTEE ON FINANCE Development, dated 1 2, 1998, be received and filed-, and
That the Commissioner of Community Development be, and he
NO.63 hereby is, authorized to issue change order No. 1, to Giandda
REPORTOFAUCTION-AP Construction Corp., an increase in the amount of $53,071.22
241VERMONTSTREET,72'SWNORMAL as more fully described in the above communication, for work
LOTSIZE:33'X991 relating to the Buffalo Central Terminal - Temporary Protection
ASSESSEDVALUATION:LAND-$2,100 Phase 1, C 91936900. Funds for the project are to be charged
TOTAL49,000 to C. P. A. 200-717-53 1.
On April 2nd, 1998 a public auction was held by the PASSED AYES-
Comptroller's office and the Department of Community 12 NOES- 0
Development. After due notice and advertisement, the
following bid was received for the above captioned property: NO.66
address 241 Vermont Street Bid Amount $ 6,500.00 Purchaser CHANGEINCONTRACT91943600
Name and address Mr. Carlos Medina, 72 Arnold Street, NEWYORKSTATECLEANWATER/
Buffalo, New York 14213 CLEANAIRBONDACT
The subject property consists of a one and one half story frame BROWNFIELDSSITEEVALUATION
three family home. The property was acquired by the City of
Buffalo through tax foreclosure in 1995. The purchaser As environmental evaluation has proceeded with regard to
intends to acquire, rehabilitate and use the property for rental the above referenced contract for work with New York State
purposes. The purchaser has deposited twenty percent of the under the New York State Clean Water/Clean Air Bond Fund
bid price. for sites on Liberty, E. Ferry, and Kensington Avenue, it has
The bid price is the amount to be received by the City. The become evident that some evaluation and costs beyond that
buyer will be required to pay a ten percent buyer premium to originally contemplated will be necessary.
Cash Realty and Auction. Contract Summary:
I am recommending that Your Honorable Body approve the bid Original Contract Amount $206,578
of Mr. Carlos Medina in the amount of Six Thousand Five Change Order 30,000
Hundred Dollars ($6,500). I am further recommending that the New Contract Amount $236,578
Corporation Counsel prepare the necessary documents for the The proposed issues have been reviewed and approved by the
transfer for title and that the Mayor by authorized to execute the Environmental Office, Division of Planning. Funds for this
same. extra work are available in Account No. B.F. 202-717-005.
REFERRED TO THE COMMITTEE ON FINANCE I recommend that your Honorable Body authorize the
Commissioner of Community Development to issue a change
NO.64 order to Ecology and Environment Engineering, P.C. as set
REPORTOFAUCTION-BIDC4 forth above.
164WATSON,167.29,SWILLIAM REFERRED TO THE COMMITTEE ON FINANCE
LOTSIZE:60'X1071
ASSESSEDVALUATION:LAND-$16,900 NO.67
TOTAL56,000 SECONDCHANGEINCONTRACTNO.91925100
On April 2nd, 1998 a public auction was held by the 382MASSACHUSETTSAVENUE
Comptroller's Office and the Department of Community NEIGHBORHOODOUTREACHCENTER
Development. After due notice and advertisement, the During the construction of the above project certain items
following bid was received for the above captioned property: that were unforeseen at the time of the bids were let, required
Address 164 Watson Bid Amount $ 1,500.00 Purchaser Name attention.
and Address Mr. Venere Hutchinson, 104 Dorris Avenue, Therefore, we recommend that the following changes be made
Buffalo, New York 14215 to Contract No. 91925199 with Miller Enterprises, Inc.:
The subject property consists of a two story masonry building 1. `Revise the slope of the new sidewalk in order to keep pitch
acquired by the City through tax foreclosure in 1994. The to a minimum. Coat existing curb with acrylic bonding agent.
purchaser intends to acquire, rehabilitate and use for storage. Add: $ 1,254.00
The purchaser has deposited twenty percent of the bid price. 2. ` Additional work for floors in rooms #105 and #106 due to
The bid price is the amount to be received by the City. The condition of previous tiles. Add: $443.00
buyer will be required to pay a ten percent buyer premium to 3A. Remove locks from 2 existing storage rooms. Install new
Cash Realty and Auction. locks with steel plate and repaint doors. Add: $568.00
I am recommending that Your Honorable Body approve the bid B. Remove transom panel. Paint and install new transom
of Mr. Venere Hutchinson in the amount of One Thousand Five panel.
Original Contract Amount $58,700.00
Change Order No. 1 Add: $ 4,733.00 NO.71
Change Order No. 2 (this change) Add: $ 2,669.87 DOWNTOWNSPECIALDISTRICTREVISED
New Contract Amount $66,102.87 VENDINGSITESFOR1998-1999
These costs have been reviewed and approved by Moser Please be informed that I am submitting the attached list of
Architect project Architectural Consultant. Funds for this extra approved revised sites for the Downtown District Vendors for
work is available in C.P.A. 200-717-029. 1998-1999 from Buffalo Place. The following changes were
I recommend that Your honorable Body authorize the made to the original map:
Commissioner of Community Development issue a change Site 52(SE Corner of City Hall and Niagara Square) has been
order to Miller Enterprise Inc., as set forth above. removed from the list until further notice.
Mrs. LoTempio moved: Sites, 45,46,47,48 and 49(in front of the Bon Ton) have also
That the communication from the Department of Community been removed until further notice.
Development, dated April 3, 1998, be received and filed; and REFERRED TO THE COMMITTEE ON FINANCE
That the Commissioner of Community Development be, and he AND BUFFALO PLACE
hereby is, authorized to issue change order No. 2, to Miller
Enterprises, Inc., an increase in the amount of $2,669.87, as NO.72
more fully described in the above communication, for the EXPLORINGTHEPOSSIBILITYOFDEMOLITION
alterations to 3 82 Massachusetts Avenue - Neighborhood BEINGPERFORMEDBYCITYDEPARTMENTS
Outreach Center - C 91925199. Funds for this project are to ITEM#253.C.C.P.FEBRUARY26,1998
be charged to CPA 200 - 717-029, In response to the above stated Common Council
PASSED AYES- Communication I would like to supply your Honorable Body with
12 NOES- 0 the following information. On March 16, 1998 representatives
of the Department of Community Development, Division of
NO.68 Inspections, Licenses ands Permits visited the Division of
RESULTOFNEGOTIATIONS Inspections of the city of Utica, New York. The City of Utica
201MASSACHUSETTS,WESTCORNEROF performs demolition's with city personnel and currently
PLYMOUTH estimates that labor costs for a typical demolition are
LOTSIZE:30'X106' approximately two thousand four hundred dollars ($2,400) per
The Department of Community Development, Division of In-house. The City of Utica demolishes no privately owned
Rem Properties, has received a request to purchase the above buildings. Their demolition program consists of buildings
property from Mr. Francisco Herrera, 197 Massachusetts, for "struck" to the City of Utica in foreclosure action.
extra yard space. As these properties are demolished with non-friable asbestos
The Department of Community Development and the Division in place, all persons working in the designated work area are
of Collections have no objections to the sale. There are no duly trained and licensed by the New York Stated Department
outstanding code violations, taxes or other liens owed to the of Labor to perform any work associate with asbestos projects.
City by the purchaser. The variance used by the city of Utica requires no fee. If the
An independent appraisal of the property was conducted by Mr. City of Buffalo were to apply for a variance similar to the one
Charles Vacanti, appraiser, 3800 Harlem Road, Cheektowaga, used by Utica, we would have to identify each property and its
New York He has estimated the value of the property to be Nine condition. Other options include using applicable variance
Hundred Dollars ($900). The Division of In-Rem Properties Number 107 which requires a $ 2,000 fee per demolition, or the
has investigated the sale of similar properties in the area. conventional method of asbestos removal currently used prior
Sales prices range from .28 cents to .45 cents a square foot. to razing these structures.
The results of our negotiations are that Mr. Herrera has agreed The City of Utica has purchased their own backhoe. Public
and is prepared to pay $1,000 for the subject parcel or works personnel uses city owned tandem trucks to haul the
approximately .31 cents a square foot. He has also agreed to construction and demolition debris to a City owned dump. If
pay for the cost of the appraisal, transfer tax, recording fee's the City of Buffalo were to establish and run their own
and cost of the legal description. demolition crew, decisions would be have to be addressed as
I am recommending that Your Honorable Body approve the sale to if this crew were to be used for city owned properties and the
of limits of the size and spectrum that this newly formed crew
201 Massachusetts to Mr. Francisco Herrera in the amount of would be directing their efforts towards.
One Thousand Dollars ($1,000). I am further recommending Currently in the city of Buffalo, asbestos surveys are performed
that the Corporation Counsel prepare the necessary by representatives of the Division of Inspections Licenses and
documents for the transfer of title and that the Mayor be Permits. The proposed demolition crew should consist of one
authorized to execute the same. "backhoe operator", two drivers (heavy equipment operators),
REFERRED To THE COMMITTEE ON FINANCE one "hoser" (laborer) and one "spotter" (laborer).The cost of
leasing a John Deer 490 with grapple and bucket is
NO.69 approximately five thousand, five hundred dollars ($ 5,500.00)
TRANSFEROFTITLE,URBANHOMESTEADPROGRAM per month. The Department of Streets has a "low-boy" trailer
147WAVERLY(CITYOWNED-VACANTLOT,DIMENSIONSthat could be use to transport the backhoe to be used for
25'XI00') demolition. One hundred (1 00) yard, and/or twenty (20) ton
The Department of Community Development has surveyed trailers currently owned by the City of Buffalo and one tandem
the city-owned vacant lot at 147 Waverly, the parcel is 25' x I dump will be needed for refuse removal.
00' in dimension; and it has been determined that this parcel Current dumping charges vary from thirty to thirty-five dollars $
cannot be sold, is inappropriate for either the construction of 30.00 - $35.00) per ton utilizing city personnel and equipment.
new housing or needed for public purposes. This cost rises to thirty-five to forty dollars ($35.00 to $40.00)
Mr. Booker T. Nailor, residing at 145 Waverly Street indicated per ton if independent truckers are contracted to perform the
that he will clean, improve and maintain the lot in the event that hauling of debris. Baiting for rodents prior to demolition could
he obtain title to the property under the Urban Homestead be performed by City of Buffalo exterminators. The sewer
program. termination shall be performed by the proposed demolition crew
We, therefore, recommend that the city-owned vacant lot to be at the basement wall. A secondary method shall be the
designated as a Homestead Property and be transferred to Mr. placement concrete at house trap to terminate the sewer
Nailor on the condition that the property is cleared and connection. Water termination may be performed by a private
improved within (6) months and maintained in a sanitary contractor or the Buffalo Water Authority may provide our
manner. department with a quote to provide this service".
REFERRED TO THE COMMITTEE ON COMMUNITY Fill material and grading may be obtained in cooperation with
DEVELOPMENT the new construction section for subsidized housing. In
addition to present specifications for backfilling and grading, we
NO70 wish to change these specifications to require that the top one
ORDINANCEAMENDMENTCH.137CODEfoot of fill be clean with no rubble to facilitate for the placement
ENFORCEMENT of "hydro-seed. Hydro-seed specifications and information are
ITEM#169,C.C.P.112/23/97 currently being prepared by the Mayor's Task Force on
In response to Item #169, C.C.P., December 23, 1997, the Housing. The City of Buffalo must purchase construction type
Department of Community Development, Division of snow fence with proper support stakes to clearly define the
Inspections, Licenses and Permits would recommend the work area and to prevent unauthorized trespass. Any damage
inclusion of these license ordinance violations to the Code of to sidewalks would be referred to the Department of Public
the City of Buffalo. Works for replacement. The City of Buffalo is self insured, any
REFERRED TO THE COMMITTEE ON LEGISLATION damage to other privately owned property will be satisfied
through the claims process currently being implemented by the ACRES700BABCOCKWATVCORPORATION
Honorable Common Council. The City of Buffalo sold this parcel to Tooling Enterprises in
If further research shows the demolition of buildings by city 1975. Tooling was required to build on the land as part of their
crews would be better addressed with the asbestos containing contract. They never fulfilled this requirement and we took title
material removed prior to demolition, asbestos abatement may back from them on April 2, 1997 for $1.00.
be let to bid by a "Request for Proposal" for the removal of both Pursuant to Section 507 (2) (d) of the General Municipal Law, I
friable and non-friable material priced per liner foot and square hereby designate WATV Corp., as a qualified and eligible
foot. If these buildings are demolished using a variance similar developer for a 1.7 acre parcel known as 700 Babcock Street in
to Utica's or if Specific Variance 107 is employed, asbestos air the Thruway Industrial Park Pilot Project.
monitoring may be let to bid by a "Request for Proposal" on a WATV Corp. Has been interested in purchasing the parcel for
per hour basis. The city of Buffalo will be also obligated to several years and we have now reached an agreement with
purchase a remote decontamination unit for the use of workers them to do so. The property was appraised for $33,250.00 Fair
that enter a defined work area. A unit of this type will cost in Market Value. The negotiated sale price is $30,000.00. WATV
the range of twelve to fifteen thousand dollars ($ will construct a test tract for their recreational vehicles on this
12,000415,000). parcel. They are also expanding their existing building at 60
When a building having asbestos containing material is Depot Street by 4,000 square feet. This expansion will be in
demolished, the demolition must be "wetted down" to minimize the amount of $300,000.00.
air pollution and minute amounts of asbestos containing Forwarded herewith are the following documents:
materials. The time limit for this activity according to the 1. Proposed Sales Contract
current policy of the Buffalo Water Authority, hydrant permits 2. Proposed Notice of Public Hearing.
are only valid from April 15 to November 15. This situation 3. Proposed Resolution setting Public Hearing.
warrants further discussion as the hydrants require pumping It is requested that your Honorable Body approve the proposed
and winterization in the winter months. resolution so that a public hearing may be held. The developer
Administration of this service should be performed under the is in a position to begin immediate construction.
direction of the Department of Community Development, REFERRED TO THE COMMITTEE ON COMMUNITY
Division of Inspections, Licenses and Permits. Staffing DEVELOPMENT
coordination of equipment, scheduling for waste disposal and
establishment of safety procedures are all areas of concern NO.76
that will take planning and implementation by persons familiar THECITYOFBUFFALOHOMEOWNERSHIPZONE
with this proposed operation. WILLERTPARKVILLAGE-MODELCENTER
We feel that the goal of this program could be to demolish APPROVALOFLANDDISTRIBUTIONAGREEMENT
approximately 150 city owned properties in one years time. We BUFFALONEIGHBORHOODREVITALIZATION
also feel that it is advisable to perform a work study prior to CORPORATION
further discussion to determine if indeed a cost savings will be The City of Buffalo Department of Community Development
realized. it is my sincere hope that this response satisfies your has duly designated the Buffalo Neighborhood Revitalization
inquiry Corporation as the qualified and eligible Redeveloper for the
REFERRED TO THE COMMITTEE ON BUDGET subject project.
Please be advised that in accordance with the applicable rules
NO.73 of the New York State General Municipal Law of the State of
REVOKEOUTDOORCAFEPERMIT New York, it is now necessary for Your Honorable Body to set a
RDILAND date for a public hearing, and to direct the publication of the
ITEM#99C.C.P.,3/17/98 appropriate notice of said hearing. In the interest of time and in
In response to Item #99, please be advised that the Common the anticipation that your Honorable Body desires to expedite
Council does have the authority to revoke any sidewalk cafe this matter, I have taken the liberty of preparing the appropriate
permit as per Chapter 413-59 Sidewalk Cafes, Section G; "Any Resolution together with the Notice of Public Hearing for your
permit issued there under may be revoked by the Common attention and action.
Council without prior notice to the permittee. This power of Presented herewith are the following documents
revocation shall be considered a condition to the issuance of 1. Resolution setting Public Hearing
the permit. All permits issued here under shall be 2. Notice of Public Hearing
nontransferable and nonassignable, except upon obtaining the 3. Resolution Approving proposed Land Disposition Agreement
prior approval of the Common Council." 4. Proposed Land Disposition Agreement
REFERRED TO THE COMMITTEE ON LEGISLATION After the public hearing is held, your Honorable Body may
adopt a resolution approving and authorizing the disposition of
NO.74 the land to the Buffalo Neighborhood Revitalization Corporation,
SAINTNICHOLASPLACE-AFFORDABLEHOUSINGas the duly designated as being a qualified and elgible
PROGRAM Redeveloper.
APPROVALOFLANDDISTRIBUTIONAGREEMENT REFERRED TO THE COMMITTEE ON COMMUNITY
B.H.D.PROPERTIESCO.,INC.,REDEVELOPER DEVELOPMENT
The City of Buffalo Urban Renewal Agency has duly
designated B.H.D. Properties Co., Inc. as the qualified and NO.77
eligible Redeveloper for the subject project. PERMISSIONTOEXECUTEANAMENDMENTTOALAND
Please be advised that in accordance with the provisions of DISPOSITIONAGREEMENTFORGRAPHICCONTROLS
Article 15 A of the New York State General Municipal Law of Graphic Controls has requested and BURA has approved an
the State of New York, it is now necessary for Your Honorable amendment to the original LDA which clarifies some language
Body to set a date for a public hearing, and to direct the and removes assignment-restrictions to enable Graphic
publication of the appropriate notice of said hearing. In the Controls to publicly list and sell their stock during( the
interest of time and in the anticipation that your Honorable Body construction phase of the Exchange Street Graphics project.
desires to expedite this matter, I have taken the liberty of Mrs. LoTempio moved:
preparing the appropriate Resolution together with the Notice of That the communication from the Commissioner of
Public Hearing for your attention and action. Community Development, dated April 9, 1998, be and hereby is
Presented herewith are the following documents: received and filed;
1. Resolution setting Public Hearing That the Common Council does hereby approve an amendment
2. Notice of Public Hearing to the original Land Disposition Agreement between the Buffalo
3. Resolution Approving proposed Land Disposition Agreement Urban Renewal Agency and Graphic Controls to clarify
4. Proposed Land Disposition Agreement language and to enable Graphic Controls to publicly list and
After the Public Hearing is held, your Honorable Body may sell their stock during the construction phase of the Exchange
adopt a resolution approving and authorizing the disposition of Street Graphics project.
the land to B.H.D. Properties Co., Inc. which the City of Buffalo PASSED AYES-
Urban Renewal Agency, has duly designated as being a 12 NOES- 0
qualified and eligible Redeveloper.
REFERRED TO THE COMMITTEE ON COMMUNITY FROMTHECOMMISSIONEROFSTREETSANITATION
DEVELOPMENT NO.78
CERTIFICATEOFAPPOINTMENT
NO.75 Appointment Effective March 31 , 1998 To the Position of
THRUWAYINDUSTRIALPARK Street Worker, Temporary, Non-Competitive at the Intermediate
PILOTPROGRAM Salary $23,909.
APPROVALOFCONTRACTFORSALEOFLAND-1.7Jules A. Stover, 85 Weber Street, :Buffalo, New York 14215
REFERRED TO THE COMMITTEE ON CIVIL SERVICE products for its' copying/duplicating purposes. The result was
that of inferior printing. The recycled paper had left a
NO.79 substantial amount of lint on the presses causing copies to be
CERTIFICATEOFAPPOINTMENT unclear, and machines jamming. Many of the manufacturers of
Appointment effective March 31, 1998 to the position of the machinery were warning us that if we continued to use the
Street Worker, permanent, non competitive at the maximum recycled paper they would no longer cover the machinery under
,
warranty. We then reduced the use of recycled paper. Within
starting salary of $27117
the last year we discovered the quality of the recycled paper
Charles J. Berthiaume, 1796 A Kenmore Ave., Buffalo, NY
was better. Our Print Shop has been testing several types and
14216
will continue to do so. We are also sending out bids for July 1,
Robert M. Bouquard, 93 Vandalia, Buffalo, N.Y. 14204
1998 start up on recycled copy paper.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
There are many items that we deal with on the recycled list. Of
those would be out toilet tissue and towels that are
NO.80
manufactured in Winslow, Maine at Kimberly Clarke's recycling
CERTIFICATEOFAPPOINTMENT
plant. Out hand soap is also form Kimberly Clarke with
Appointment Effective April 8, 1998 in the Department of Street
recyclable containers.
Sanitation to the Position of Refuse Contract Coordinator,
The exact amount of recycled content still remains an issue
Provisional Appointment at the Maximum Starting Salary of
that many of use are unaware. The questions remains, what is
$26,317
post consumer waste versus pre consumer waste? Perhaps
Hazzan, Eli, :27 Hobmoor, Apt #2, Buffalo, New York 14216
SUNYAB can produce some type of factual sheet on recycling
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
that can be distributed throughout the Departments. Our policy
for all future bids will be to attempt to give preference to
FROMTHECOMMISSIONEROFADMINISTRATIONAND
recycled product if, price is competitive, quality meets our
FINANCE
standards, along with the ordering departments needs. In the
NO.81
upcoming fine paper bid, we will be asking for pricing on virgin
CERTIFICATEOF'APPOINTMENT
and recycled paper.
Appointment Effective 4/6/98 In the Department of
Our department can only intercede with assisting in recycling
Administration & Finance, Division of Treasury, to the Position
issues with the purchase of material and supplies. We will
of Teller, Provisional Appointment, at the Intermediate Starting
endeavor to reach the ordering departments with awareness.
Salary of $ 26,364.00
REFERRED TO THE COMMITTEE ON LEGISLATION
Michelle M. Scibetta, 777 Prospect Ave, Buffalo NY 14213
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
FROMTHECIVILSERVICECOMMISSION
NO.85
NO.82
INFOHIRING/SELECTIONPROCEDURES
CERTIFICATEOFAPPOINTMENT
We are in receipt of your communication of March 17.1998
Appointment Effective 4/20/98 In the Department of
requesting information regarding canvassing, hiring and
Administration & Finance Division of Treasury to the Position of
selection procedures.
Teller, Provisional, Appointment at the Maximum
Please be advised the Civil Service Commission is responsible
Starting Salary of, $ 27,136.00
for certifying the appropriate names from an eligible fist so that
Joyce Quackenbush, 137 Norwalk Avenue, Buffalo NY 14216
appointments may be made in accordance with Civil Service
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
Law and Rules. In the case of an incomplete eligible list or if no
list exists for a title for which there is a vacancy the commission
FROMTHECOMMISSIONEROFHUMANSERVICES,
is responsible for approving or disapproving the application of a
PARKSANDRECREATION
candidate nominated for appointment prior to said appointment
NO.83
becoming effective.
REPORTOFBIDS-DELAWAREPARKCONCESSION
Nomination, canvassing and selection/hiring of candidates for
C.C.P,#89,03/31/98
appointment are the responsibilities of the appointing authority
As authorized by your Honorable Body this department
(department head).
prepared specifications for the Delaware Park
As the information sought by the Committee is both lengthy and
Concession known formerly as the "Juicery." Advertisement
detailed, may I suggest convening a meeting between
and bids were handled and received by the Division of
Committee members and the Commission staff so that the
Purchase. They are as follows:
numerous procedures involved in the hiring process may be
NAME OF BIDDER AMOUNT
explained in detail and any questions the Committee may have
Gerald F. Sansonese 9,600.
can be answered?
27 Wainright Court, Williamsville, New York 14221
Kindly notify me if this suggestion is acceptable to the
and
Committee. Our staff will be available at your convenience.
Charles J. Cane
Should this recommendation not be acceptable, I would then
Kathleen M. Ciocca $ 6,000.
request additional time to formalize a detailed response to your
107 18th. Street, Buffalo, New York 14213
request.
and
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
Daniel Santaxiero
Jeffrey J. Ryan $2,002.1st. year
FROMTHEBOARDOFEDUCATION
40 Colvin Avenue 9,000. 2nd. year
NO.86
Buffalo, New York 14216
MAKESCHOOL#90YEARROUNDSCHOOL
and
Unfortunately, I will be out of town at a meeting in New York
Jeffrey S. Drury
City and will be unable to attend the Education Committee
James A. Karamanos 4,000.
meeting on Wednesday. April 8. 1998.
90 Magnolia Street, Buffalo, New York 14218
Please be advised that this Resolution is creating great unrest
William Shylo 2,600.
and discontent among the teachers at School #90 who have
110 Albemarle Street, Buffalo, New York 14207
Ceara of it.
Josephine Terrana. 2,5,00.
Over two-thirds Of the teachers at School #90 voted against
7881 Clinton Street, Elma, New York 14059
going to a year-round school. Many felt that the idea was not
1 hereby certify that Gerald F. Sansonese and Charles J. Cane
well developed. was initiated in isolation from the Buffalo Board
were the high bidders for the Delaware Park
of Education's Central Office and will ultimately be a disservice
Concession in the amount of S 91600. annually.
to the students of School #90 as it currently proposed
Attached please rind a copy of the tabulations along with a copy
You should know that the school district cannot be reimbursed
of the winning bid proposal. Upon your approval, we will
for any instruction that was done over the summer months as
proceed with drawing up a contract per the terms of the bid.
this is precluded by State law. In addition. the details of how
REFERRED TO THE COMMITTEE ON FINANCE
transportation would be arranged. how part-time teachers
would be arranged and other similar concerns have rot been
FROMTHECOMMISSIONEROFGENERALSERVICES
addressed. Also, neither the Superintendent nor the upper
NO.84
level staff have been involved in the development of this plan
POLICYONBUYINGRECYCLEDPRODUCTS
nor has it received approval from the Central Office Board
ITEMNO.118,C.C.P.MARCH31,1998
administration.
The Department of General Services has been in the
The Principal has created great- dissent and disruption of the
process of reviewing cur-rent purchasing practices with
school by her attempt to shove this down the throats of the
regards to the purchase of recycled content. Some time ago
teachers rather than working with the teachers. the BTF. and
(approximately two years) our Print Shop tested recycled paper
all concerned. That is truly sad to see. She has posted a Seasonal, Non-competitive at the flat Starting Salary of 8.00/hr
letter.,From a retired administrator from another ;School Judith Zaccagnino, 178 Fenton St., Buffalo, N.Y. 14206
district, in. the hall where all teachers an anyone entering the
building can see it . The letter, in Effect. accused the teachers NO.93
of caring more about the union than the kids. You can imagine NOTICESOFAPPOINTMENTS-SEASONAL/FLAT
the impact this has had on teacher morale I transmit herewith certificates received by me, reporting
Additionally, there are many teachers who use the present, seasonal and flat salary appointments made in various
summer recess to do the graduate course work 'Which they departments.
need for permanent certification. Many others take advantage RECEIVED AND FILED.
of staff-development offerings to aid in their professional Appointment Effective: April 1, 1998 in the Department of
growth and keep current on new concepts in education 61-Stadium and Auditorium, Division of 1-North AmeriCare
I find it quite interesting that some members of the Common Park, to the Position of Laborer I, Seasonal, Non-Competitive,
Council would Withhold $1 million from the students because at the Flat, Starting Salary of: $ 6.22/hr
they felt there had not been enough (Communication with) the Pablo Sanchez 17 19th Street Buffalo, 14213
school district and now we see Members of the Common Louis Carey 136 Avery Street Buffalo, 14216
Council, without any conversation with teachers, taking Jerry Kirkland 4 Devon Green Court Buffalo, 14204
positions and writing resolutions on an issue about which they Kurt McGowan 8 Fields Avenue Buffalo, 14210
have no. or very little. knowledge. It seems there may be a bit Appointment Effective: April 11, 1998
of a double standard here. in the Department of 61-Stadium and Auditorium
We hope this does not portend a continuing practice by the Division of 1-North AmeriCare Park, to the Position of Laborer
Common Council and that prior to becoming involved in issues II, Seasonal, Non-Competitive, at the Flat Starting Salary of $
that affect teachers and students members would at least 6.92
touch base with those who are on the front lines. Russell Olivieri, 50 Pavonia Street, Buffalo, 14207
REFERRED TO THE COMMITTEE ON EDUCATION Carl Rizzo, 142 Dorchester Road, Buffalo, 14213
Appointment Effective: April 6, 1998, in the Department of
FROMTHECITYCLERK 61-Stadium and Auditorium, Division of 1-North AmeriCare
NO.87 Park, to the Position of Laborer I, Seasonal, Non-Competitive,
MAYORREPORTEDOUTOFSTATE at the Flat, Starting Salary of $6.22
Please be advised that I will be out of the state from Kerry Kominiarek, 590 Windspear Avenue, Buffalo, 14215
Saturday, April 4th, from 10:00 A.M. until Saturday, April Ilth, at Dennis O'Connor, 93 Dempster, Buffalo, 14206
5:00 P.M. Darren Ross, 190 Manhattan Avenue Apt.#5 Buffalo, 14215
RECEIVED AND FILED Ronald Ventola 169 Virgil Avenue Buffalo, 14216
Franklin Washington 365 Dartmouth Avenue Buffalo, 14215
NO.88 Noelia Vega-Gonzalez 422 Louisiana Street Buffalo, 14202
AUTOALLOWANCE Kathy Elliott, 136 York Street Buffalo, 14213
BRIANHIGGINS Sharon Campbell, 147 Marine Dr, Apt.# 9H, Buffalo, 14202
Please be advised that I have authorized Mr. Brian Higgins, James Paul, 139 Kelburn, Buffalo, 14206
an Engineering Aide in the Division of Engineering, to use his Salvatore Cicatello, 90 Eckhert Street, Buffalo, 14207
personal vehicle on City business. Mr. Higgins will be James Cummings, 58 Good Avenue, Buffalo, 14220
reimbursed for this use in accordance with the Local 650 Union Appointment Effective April 8, 1998, in the Department of 61-
Agreement. Stadium and Auditorium, Division of 1-North AmeriCare Park to
The Engineering Aide is required to make field trips to verify the position of Laborer I, Seasonal, Non-Competitive
design and construction information on the job site. He is also at the Flat Starting Salary of $ 6.22
required to verify quantities and to do some field survey work. Melvin Jemison, 60 York, Buffalo, 14213
RECEIVED AND FILED Appointment Effective April 1,1998, in the Department of
Human services, Division of Recreation to Position of Laborer
NO.89 II, Seasonal, Non-competitive, at the Flat Starting Salary of $
LIQUORLICENSEAPPLICATIONS 6.92
Attached hereto are communications from persons applying Norman Anderson, 1050 Ellicott, Buffalo 14209
for liquor licenses from the Erie Paul Crowley, 40 Portland, Buffalo 14220
County Alcohol Beverage Control Board. Mary Thomas, 55 1/2 Arkansas, Buffalo 14213
Address Business Name Owner's Name Appointment Effective April 2,1998, in the Department of
Human Services, Division of Recreation to the Position of
51 Court Street Court Street Pub Murray J. Grashow Laborer II, Seasonal, Non-competitive at the Flat Starting
454 Pearl St. Jg8 Inv fnc/DBA 454 Pearl John Bousquet Salary of $ 6.92
1096 Elmwood Oune Vbngprac,hkih Oune Voncjprachanh Edward Cudney, 103 Harrison, Buffalo 14210
RECEIVED AND FILED Appointment Effective March 30, 1998, in the Department of
Public Works, Division of Buildings
NO.90 to the Position of Laborer I, Seasonal, Non-Competitive
LEAVESOFABSENCEWITHOUTPAY at the Flat, Starting Salary of $ 6.22
I transmit herewith notifications received by me, reporting the Rolinda C. Hill, 5 Viola Park, Buffalo 14208
granting of the leaves of absence without pay, in the various Joan D. Mutka, 146 Lewis Street, Buffalo 14206
departments as listed: Appointment Effective April 6, 1998, in the Department of
Mayor/Mayor Executive- Bernard Hoare Amended Public Works, Division of Buildings, to the Position of Laborer
Public Works- Scott Sullivan I, Seasonal, Non-Competitive at the Flat, Starting Salary of $
Police- Vanessa Rowe 6.22
Community Development Charles Moore Ann M. Parot, 10 South Street, Buffalo 14204
RECEIVED AND FILED Appointment Effective: 4/7/98, in the Department of Public
Works, Division of Engineering, to the position of Laborer I,
NO.91 Seasonal Appointment at the Flat Starting Salary of $ 6.22/hr
REPORTSOFATTENDANCE Brian Purcell, 27 Athol St., Buffalo, NY 14220
I transmit herewith communications received by me, from the Earl Rott, 382 Abbott Rd., Buffalo, NY 14220
various boards, commissions, Jonathan Lalley, 21 Edgewood Ave., Buffalo, NY 14220
agencies and authorities reporting the membership attendance Appointment Effective: March 27,1998, in the Department of
at their respective meetings: Human Services, Parks & Recreation, Division of Youth
Buffalo Sewer Authority to the Position of Lifeguard Seasonal, Non-Competitive, at the
City Planning Board Flat Starting Salary of $ 5.20/hr
RECEIVED AND FILED. Jamal Harris, 482 Norfolk, Buffalo 14215
Appointment Effective March 30 , 1998, in the Department of
NO.92 Street Sanitation, to the position of Seasonal Laborer II, Non-
APPOINTMENTS-MAYOR'SYOUTHOPPORTUNITY&Competitive, at the Flat Starting Salary of $6.92/hr.
EMPLOYMENT Nathan Hall, 592 Clinton Street, :Buffalo, New York 14210
I transmit herewith appointments made in the Mayor's Youth Appointment Effective April 3, 1998, in the Department of
Opportunities and Employments Programs. Street Sanitation to the position of Seasonal Laborer II, Non
RECEIVED AND FILED. Competitive, at the flat starting salary of $6.92/ hr.
Appointment Effective April 3, 1998, in the Mayor’s Office Anthony Maccagnano, 220 Hartwell, Buffalo, NY 14216
Division of Intern Program, to the position of Intern V,
NO.94 go around the Ashland, Forest, Elmwood, Bird loop several
APPOINTMENTS-TEMPORARY,PROVISIONALORtunes. This is a residential neighborhood with many children
PERMANENT and the high volume of traffic and high speeds have created a
I transmit herewith Appointments in the various departments very dangerous situation. Furthermore the traffic flow has been
made at the Minimum (Temporary, Provisional or Permanent) a discouraging factor deterring people from considering this
and for Appointments at the Maximum (as per contract neighborhood as a place to raise a family. The high volume of
requirements) . traffic has lowered our quality of life and stunted the growth of
REFERRED TO THE COMMITTEE ON CIVIL SERVICE. our neighborhood.
Appointment Effective April 1, 1998 in the Department of 61-We are proposing that the city change the direction of Bird
Stadium and Auditorium Division of 1-North AmeriCare Park to Avenue from westbound to eastbound between Elmwood and
the Position of Senior First Class Stationary Engineer, Richmond Avenues. Tilts would stop the flowtraffic off
of
Temporary Appointment at the Flat Starting Salary of $ 7.33/hr
Elmwood intothis residential neighborhood. This proposal has
John LoTempio, 57 Wilbury Place, Buffalo, 14216
broad support of the residents of this neighborhood and the
James Delmont, 106 Hartwell Road, Buffalo, 14216
Ashland-Bird Block Club. We are asking help and
for your
Appointment Effective 4/6/98 in the department of Law
advice to reduce the traffic flow intoneighborhood. Please
our
(Corporation Counsel), to the Position of Assistant Corporation
take this as an open invitation to visit our neighborhood and
Counsel II, Temporary, Non-Competitive, at the Minimum/Flat,
make your own assessment of the situation.
Starting Salary of$ 48,566
REFERRED TO THE COMMITTEE ON LEGISLATION AND
Kevin J. Keane, 228 McKinley Parkway, Buffalo, NY 14220
THE COMMISSIONER OF PUBLIC WORKS
Appointment Effective March 31, 1998 in the Department of
NO.96
Street Sanitation to the position of Street Worker, Temporary,
BYRONW.BROW
Non-Competitive, at the minimum starting salary of $23,909.
EMPIREIIPAWNBROKERS
Shannon V. Long, 2485 Niagara Apt #7, Buffalo, NY 14207
I am submitting these complaints filed with the Buffalo Division
A appointment Effective March 31, 1998, in the Department of
of Inspections, Licensing & Permits to be filed as items on the
Human Services, Parks & Recreation, Division of Youth
next Common Council agenda. These complaints are in
to the Position of Attendant, Temporary Appointment, at the:
reference to Res. 172, CCP, March 3, 1998.
Flat Starting Salary of: $ 5.15 /hr
REFERRED TO THE COMMITTEE ON LEGISLATION
Mylinda Hunt, 140 Stockbridge, Buffalo 14215
Appointment Effective: April 1, 1998, in the Department of
NO.97
Human Services, Parks & Recreation, Division of Youth
BCTV
to the Position of Attendant, Temporary Appointment the Flat
BUDGETREVISIONFUNDINGCAMPAIGN
Starting Salary of: $ 5.15 /hr
We (BCTV) are in the midst of a fundraising campaign that will
Stella Yebernetsky, 67 Royal, Buffalo 14207
generate $10,000. We are reaching out to the Church
Appointment Effective April 6, 1998, in the Department of
Community, our membership and the Corporate Community for
Human Services, Parks and Recreation, Division Of Substance
their help. All monies raised will go into a separate (account
Abuse Services, to the Position of Art Program Aide,
Fundraising) to be monitored by James Amato & Co. Mr. Art
Temporary Appointment, at the Flat Starting Salary of:
Nephews of TCI of NY is willing to help BCTV with a $5,000.
$10.00/hr
donation and give us contacts with other Corporations in the
James R. Dupree, 361 Newbourgh Street, Buffalo 14215
area. In the event that we fall short of raising the $10,000 we
Appointment Effective March 31, 1998 in the Department of
will revise the budget and use monies in line item 4200 of our
Assessment Division of to the Position of Account Clerk,
present budget, ($5000.); line item 4100 ($1500.) and line item
Provisional Appointment, at the: Minimum starting salary of
4210 ($500.)
$22,883
K. Mitchell Sr.
Jacqueline Hennings, 66 Whitney Pl #6, Buffalo, NY 14201
REFERRED TO THE COMMITTEE ON
Appointment Effective April 1, 1998 in the Department of
TELECOMMUNICATIONS AND THE OFFICE OF
Audit & Control, Division of Collections, to the position-of
TELECOMMUNICATIONS
Account Clerk Typist, Permanent Appointment, at the
minimum, starting salary of $ 22,883
NO.98
Laurie a. Piazza, 499 Crescent, Buffalo, NY 14214
BROADWAYMARKET
Appointment Effective: March 30, 1998, in the Department
CITYAUCTIONOF256GIBSONSTREETONAPRIL1,1998
of., Police, to the Position of., Report Technician, Permanent
The above referenced vacant lot is within the footprint of the
Appointment, at the Minimum Starting Salary of. $ $23,705
parking lot planned for the new SAVE-A-LOT Supermarket at
Lovinia Thrist, 639 N. Division St., Buffalo, New York 14210
the Broadway Market. Preparation of this parking lot by the
Appointment Effective April 6, 1998, in the Department of
City of Buffalo is a clause in their twenty year lease with the
Fire to the position of Fire Lieutenant AMENDED
Broadway Market. Please see attached memo from Ron
permanent promotion at the flat Starting salary of : $49,769
Empric of 12/10/97 and letter from Rodney Hensel of 3/27/98.
William Craft, 5099 Curriers Road, Arcade, NY 14009
These correspondences verify the properties addresses and
Appointment Effective April 6, 1998, in the Department of
the parties commitments.
Fire, to the position of Fire Lieutenant, Contingent permanent
The City's Real Estate Department must have been unaware of
promotion at the flat Starting salary of $49,769
the Departments of Community Development and Public
Patrick J. McCarthy, 6978 Scherff, Orchard Park, 14127
Works' commitment to the parking lot, and inadvertently
Appointment Effective March 31 , 1998, in the Department
auctioned off the lot.
of Street Sanitation to the position of Street Worker,
Please do not allow the auction sale of the above property to be
Permanent, Non-Competitive at the minimum starting salary of
approved at the Common Council meeting on April 10, 1998.
$23,909
Instead, please see to it that this property is included into the
Matthew Cybulski, 90 Ideal Street, Buffalo, New York 14206
previously agreed-upon City acquisition, demolition, site
Peter J. Aramini, 351 Gold, Buffalo, New York 14206
preparation, paving and landscaping of 248-256 Gibson Street.
NON-OFFICIALCOMMUNICATIONS,PETITIONSAND
If I can be of any assistance, please do not hesitate to call.
REMONSTRANCES
Thank you.
REFERRED TO THE COMMITTEE ON FINANCE
NON-OFFICIALCOMMUNICATIONS
NO.99
NO.95
F.FLEISCHAUER
ASHLANDBIRDBLOCKCLUB-TRAFFICPROBLEMS
REQ.REDUCEPROPERTYASSMT.
ELMWOODAVENUE
The purpose of this correspondence is to request a reduction
I am writing as a resident and home owner on Ashland Avenue
in the tax assessment of my residential property at 70 Regent
and on behalf of the Ashland-Bird Block Club. I've also been
Street in Buffalo. I am an eighty-one year old widow in poor
encouraged to contact you by Michael Attardo who praised your
health. I live on a fixed income of less than $1,300 per month.
work on traffic problems in the city.
On this level of income I can no longer pay all my medical bills
The problem our neighborhood faces is the traffic that flows
and afford to maintain my property. Although it has been on
from Elmwood Avenue westbound down Bird Avenue and/or
the market for twelve months, my real estate agent claims they
northbound down Ashland Avenue. We have observed, during
have been unable to sell the property because the taxes are too
peak hours: cars an hour traveling westbound down Bird
88
high.
Avenue between Elmwood and Richmond and 47 cars an hour
The assessment was previously lowered from $99,300 to the
flowing northbound down Ashland Avenue (From Bird). This is
present evaluation of $79,300. However, based on
a total 135 cars/hour that flow into our neighborhood from
of
assessment information I have obtained on all the other
Elmwood Avenue. This is an unbearable situation. Many cars
residential units on Regent Street (list attached), it appears that
the average assessment is significantly less than my present approval of the waiver and immediate reimbursement of the fee.
assessment. In addition, I was recently informed that the Please feel free to contact me for any further information that
property could not be legally sold as a triple since the bathroom will help expedite this request. Thank you for your assistance
in the upstairs apartment does not have a sink. on this matter.
My real estate agent has valued the property at $49,900. REFERRED TO THE COMMITTEE ON FINANCE AND THE
Consequently, I respectfully request that you lower the CORPORATION COUNSEL
assessment to approximately $50,000, so I can sell the NO.103
property. D.MOYNIHAN
I have maintained my property in excellent condition for over 38 EXTENDCOMMENTPERIODPROPOSEDBRIDGE
years and have promptly paid my 'taxes during this period. I write in response to U.S.C.G. Public Notice 09-02/98
Now, I need your help. I ask that you favorably consider this soliciting public comment on the application for a proposed
request to lower my property assessment to a more realistic bridge crossing between Buffalo, New York and Fort Erie,
level so I can sell the property and relocate to a more Ontario. I respectfully request that the Coast Guard extend the
manageable and affordable residence. public comment period on this very important project for an
Thank you for you consideration. additional 90 days.
REFERRED TO THE COMMITTEE ON FINANCE, THE The new "twin" bridge plan submitted by the Buffalo and Fort
CORPORATION COUNSEL AND DEPARTMENT OF Erie Public Bridge Authority (PBA) does not enjoy the full
ASSESSMENT support of Buffalo's citizens, elected officials, civic and
NO.100 business leaders. In fact, public dissatisfaction with the PBA
LFRAZIER plan has already given birth to two alternative proposals from a
OFFERTOPURCHASEBCAMVEHICLE local business group, SuperSpan Upper Niagara, and from the
I write at the suggestion of Ty Shaw, the Director of Erie renowned bridge engineer, T.Y. Lin, and Bruno Freschi, dean
County's Equal Employment Opportunity Commission. There of the University at Buffalo School of Architecture and
is an offer I would like to make to the City of Buffalo that I Planning. Both of these proposals offer compelling advantages
believe will benefit both the city and a Buffalo small business over the PBA's "twin" plan and have stimulated a great deal of
owner, me. community discussion and support.
BCAK on LaSalle Avenue, has a 1987 Econoline 360 cargo In view of this heightened public interest Senator D'Amato and I
van that I would like to purchase. This vehicle has been sitting, have requested that Governor Pataki ask PBA board members
unused (and with a seized engine) for 11 years. BCAM has to give these alternative proposals due consideration. Other
told me that they would greatly appreciate my purchasing the groups, including the Buffalo Common Council Task Force, the
vehicle as they can use the funds. Buffalo Partnership, the Buffalo Chapter of the American
The benefits of selling this vehicle to me: Institute of Architects, and have also asked
The Buffalo News,
· This would assist me in the operation of and eventual
the PA to give other interested parties a chance to produce a
expansion of my Buffalo-based business, Videography by
consensus plan. A 90-day extension of the Coast Guard's
Frazier.
public comment period would greatly facilitate this process.
· This would help alleviate what, as a sitting and unused older
REFERRED TO THE SPECIAL COMMITTEE ON
vehicle, is an eyesore to the neighborhood.
SUPPRESSION TASK FORCE
· By purchasing this from the City of Buffalo, this revenue can
be used by the city to defer other BCAM costs.
NO.104
· This would be an excellent example of the City of Buffalo and
T.PETTIGREW
the Common Council working to assist small business owners
BNRCLOAN-258LEMON-COMPLAINTS
in the Buffalo area.
In August of 1995 I received a loan of twenty-thousand dollars
I am offering $1500 to purchase this vehicle.
($20,000) for the Buffalo Neighborhood Revitalization
Thank you very much; I look forward to hearing from you and
Corporation.
what I hope will be a positive response from the Common
Upon receiving this loan it stated that a contractor would come
Council.
and do work on my house at 258 Lemon St. The work included:
REFERRED TO THE COMMITTEE ON
1. New Roof
TELECOMMUNICATIONS AND THE CORPORATION
2. Sliding for the whole house
COUNSEL
3. All new windows (1 3)
4. New Front Porch
NO.101
5. Aluminum Awing (Front Porch)
LEBISINC.
6. Two steel fire doors
INFODEMOLITIONPRATT&LAMBERTPROJECT
7. Two sub floors (Living room & Kitchen)
At this time, we would like to thank you for the opportunity to
8. One new kitchen cabinet
quote you on the Pratt & Lambert demolition project.
9. Double Sink (Kitchen)
Unfortunately, we did not receive the award of the project,
There were several inspections make during the construction
considering our bid was approximately $100,000.00 lower than
phase of the project, but, not to my satisfaction. On numerous
the contractor awarded the project.
occasions I complained of work that was not completed in a
However, if in the future you have any projects of this nature,
timely manner and work that was, in my opinion, not up to par
please consider us to provide you with a quote.
with passing inspection concerning NYS housing codes.
RECEIVED AND FILED
Problems that occurred:
NO.102
1. New Faucets leaking in Kitchen
J.MOORE
2. Kitchen floor has started to buckle making floor uneven
REQ.REIMBURSEAUTOIMPOUNDFEE
3. Holds left between installments of doors, creating air
I am writing to you at the urgency of Corporate Counsel Darryl
drafts
McPherson, Esq. My purpose in writing is to request a waiver
4. New windows installed improperly, uneven fit
and put forward a board resolution for reimbursement of an
5. Sliding has started to detach from house
auto impound fee paid by our client Jamie C. Moore. Mr.
6. Paint is starting to peel off the porch
Moore was the victim of an armed robbery on February 3, 1998.
7. Leaking awing
Enclosed is a copy of an article from the Buffalo Evening
8. Gutters detaching from house
News regarding the robbery. Subsequent to the robbery, Mr.
I have constantly complained to B.N.R.C. of these problems
Moore has been the victim of vicious hate crimes that it is
and no one has even bother to respond. Back in
believed are directly related to his being a witness of the armed
November/December of 1997 I had inspectors and
robbery.
representatives from BNRC, Ellicott District Corp. . (644
On March 22, 1998, Mr. Moore found his car spray painted
William St.), department of contract compliance meet me at my
with vulgar and prejudicial words. The Buffalo Police
house to inspect these problems. We all toured the property
Department impounded the car to investigate and obtain
and agree there were serious problem which needed to be
fingerprints. When Mr. Moore picked up the car he was forced
address.
to pay an $82 impound fee despite his being the victim of a
To this date, I had a verbal commitment by the City of Buffalo
crime and the vehicle being impounded by police request.
division of BNRC that they would a least address my problem
Enclosed is a copy of the receipt for payment of the impound
and get back to me within a reasonable time.
fee, the towed vehicle release form and the recovered vehicle
Councilmembers, I have not heard from one person in the
report and copies of the photographs of the car.
department since the inspection and yet these problems still
If possible, we ask that, under the circumstances of this case,
exist and I'm still making payments on this twenty-thousand
Mr. Moore be immediately reimbursed for the $82 impound fee.
dollars ($20,000) loan.
Alternatively, we ask that you submit a waiver on his behalf
Councilmembers I am asking for your assistance in helping me
and put forward a resolution at the next board meeting for
with this dilemma. I have use all resources I have to resolve
this matter but, to no avail. remaining to be done. Adelphia has been conferring with TCI
I would greatly appreciate your assistance in this matter. If you regarding the Showcase School. TCI is preparing to present
need further information, please contact me at (w) 859-2808 or some options to the City which Adelphia is 'willing to support
(h) 884-5231. I hope that you find this information responsive to your request
Looking forward to hearing from you. If you have any comments or need additional information,
REFERRED TO THE COMMITTEE ON COMMUNITY please call me at (732) 560-7609 or write to me at TCI Atlantic,
DEVELOPMENT AND THE COMMISSIONER OF 67 B Mountain Blvd. Warren, NJ 07059
COMMUNITY DEVELOPMENT REFERRED TO THE COMMITTEE ON
NO.105 TELECOMMUNICATIONS AND THE OFFICE OF
J.QUINNO TELECOMMUNICATIONS
BILLBOARDADVERTISINGONTHRUWAY
I have recently been contacted by my constituent, Dr. Ronald NO.107
Zydowicz, regarding the mass billboard advertising along the BUDGET-BAILEYAMHERSTDIST.MGMTASSOC.
Niagara Thruway. 1998-1999BUDGET
I have taken the liberty of forwarding the correspondence I Attached is the budget for Bailey Amherst District Management
received regarding this matter, and look forward to your Association (BADMA), for the fiscal year that runs from July 1,
expedited review and response. 1998 through June 31, 199F. Please submit this to the
I have also enclosed for your review correspondence I received Common Council for approval. Should you have any questions
from the New York State Thruway Authority concerning this regarding this request, please contact me at ext. 5165.
matter. Mrs. Lotempio moved:
Thank you in advance for your attention to this matter. If you That the communication from the Councilmember Kevin J.
have any questions or suggestions, please do not hesitate to Helfer, University District, dated April 7, 1998, be and hereby is
contact me. received and filed;
RECEIVED AND FILED That the budget for the Bailey Amherst District Management
Association (BADMA) for the fiscal year July 1, 1998 through
NO.106 June 31, 1999 be and hereby is approved.
TCI Passed.
ADELPHIA/TCITRANSACTION AYES-12, NOES-0
Please accept this letter, along with the corresponding
attachments, as a response to your letter dated March 20, NO.108
1998. R.MINNS
COMPLAINTANDESTIMATESEWERLEAKUNDER
1. Attached as Exhibit A, is a diagram and written description of HOUSE73ELMER
the ownership structure of Parnassos L.P. On 3/19/98 the Sewer Authority was doing work under the
2. Policies and procedures that will impact the Buffalo cable street where I reside. The next morning I went to the basement
system will be implemented by Parnassos L.P. through to get clothes out of my dryer and found a basement full of
Adelphia Cablevision, Inc. ("Adelphia") the "Manager" of day-water. I had a plumber come out on 3/20/98 to drain water from
today operations. my basement.
3. Effective, as of the date of closing of the above-referenced Now I learn there is a leak in my sewer in the street end (under
transaction, all technical, financial, legal or contractual records the street). I had an estimate done enclosed is a copy of the
will be maintained by Adelphia. least expensive one I got.
4. The Parnassos Limited Partnership, which will be managed Since the damage is under the street I feel it is the Sewer
by Adelphia, will be responsible for any issues that are not Authority's responsibility to repair this. This is $200.00 I cannot
resolved by TCI. afford to spend. I would appreciate any assistance you can
5. Adelphia has not been found in default, or assessed fines or give me in this matter.
penalties, or has entered into a settlement agreement regarding
franchise violations in any of its franchise areas. REFERRED TO THE BUFFALO SEWER AUTHORITY AND
6. The operation of the joint venture will be managed by THE CORPORATION COUNSEL
Thomas Haywood, Regional General Manager, Erie County;
Vincent Laurendi, Jr., Regional General Manager, Niagara NO.109
County; and August Palmisano, regional call Center and ALFREDT.COPPOLA
Administrative Director. Certain of the joint venture's CLAIMFORREIMBURSEMENTPERMIT289EXCHANGE
operations will be located at the various facilities presently I have enclosed two claims for reimbursement from the City of
occupied by Adelphia and TCI in Buffalo, West Seneca and Buffalo for a billboard permit for 289 Exchange Street.
Cheektowaga. Customer telephone calls will be taken at the The permit department accepted the application from LAMAR
new Adelphia regional call center located at the Appletree Outdoor Advertising, and the City Clerk's office accepted the
facilities in West Seneca and East Aurora. Various satellite check for $250 plus another check from LAMAR Real Estate
offices are located throughout the area for customer payments Manager Robert Harper for $25 for the SEQRA review. The
and equipment pickup and exchange. Customer service and permit was later denied because it was determined that 289
technical staffing levels will be maintained at least at current Exchange Street is located within an urban renewal area, which
levels for both Adelphia and TCI. Technical service and does not allow billboards. The urban renewal area was not
maintenance personnel deployed in the City of Buffalo will not designated on the zoning map.
change, and total employees located at Chicago Street will at I would appreciate it if you would authorize reimbursement of
least be the same as at present. Attached as Exhibit B, for $250 to LAMAR and $25 to Robert Harper. Thank you for your
further reference, is a copy of Adelphia's presentation made to consideration in this matter.
the Office of Mrs. Lotempio moved:
Telecommunications on April 2, 1998. That the above communication from the Comptroller and the
7. Please refer to Exhibit A. Director of the Treasury, dated March 18, 1998, be received
8. Attached as Exhibit C, is a copy of the current TCI rate of and filed; and
penetration, broken down by zip code That the Comptroller and the Director of the Treasury, and they
9. Attached as exhibit D, is a copy of TCI's estimated rate of hereby Care authorized to reimburse LAMAR Outdoor
cable theft for the Buffalo cable systern and measures for Advertising in the amount of $250.00 and Robert Harper in the
addressing cable theft. amount of $25.00 for unused permit fees.
10. The transfer of franchise in, and of itself will not impact Passed.
cable rates. Rates increase are however, based on calculations AYES-12, NOES-0
prescribed by the FCC and include factors such as the
number and types of services provided to customers, along
with external factors such as franchise related costs,
programming costs and annual inflation. To that extent, the* PETITIONS
provision of additional program services will result in an
increase in rates. NO.110
11. Please refer to Exbibit B.
12. Adelphia believes that the various issues remaining to be D. J. Leone, owner, petition to use 976 Elmwood Ave. for a
solved between TCI and the City of Buffalo regarding the side Sit-in Restaurant.
letters to the franchise agreement are well along in the of being REFERRED TO THE COMMITTEE ON LEGISLATION, THE
resolved. The institutional network appears to have been CITY PLANNING BOARD
worked out technically with just the actual construction AND THE COMMISSIONER OF COMMUNITY
DEVELOPMENT That the above mentioned item be and the same is hereby
received and filed.
NO.111 ADOPTED
D. LEONE, owner, petition to use .982 Elmwood St. for a NO.121
store and 2 apartments. L.L.INTRO.#10(1997)HIST.PROP.TAXEXEMPTION
REFERRED TO THE COMMITTEE ON LEGISLATION, THE (PRESV.BD.)
CITY PLANNING BOARD (ITEM#9C.C.P,DECEMBER9,1997)
AND THE COMMISSIONER OF COMMUNITY That the above mentioned item be and the same is hereby
DEVELOPMENT. received and filed.
ADOPTED
NO.112 NO.122
Lamar Advertising, owner, petition to use 750 Perry for a L.KELLY-PROP.FORECLOSUREFEEREF/APPL.TO
Billboard. FUTURETAXES
REFERRED TO THE COMMITTEE ON LEGISLATION, THE (ITEMS93C.C.P,FEBRUARY17,1998)
CITY PLANNING BOARD AND THE COMMISSIONER OF That the above mentioned item be and the same is hereby
COMMUNITY DEVELOPMENT received and filed.
ADOPTED
NO.113 NO.123
C.Cararia and others Petition name change from Busti Ave. 53ZENNER-REFUNDORAPPLYFORECL.FEETO
to Front Pk. TAXES(ASMT)
REFERRED TO THE COMMITTEE ON LEGISLATION, THE (ITEM#32C.C.P,MARCH31,1998)
CORPORATION COUNSEL, COMMISSIONER OF That the above mentioned item be and the same is hereby
PUBLIC WORKS, COMMISSIONER OF POLICE AND THE received and filed.
COMMISSIONER OF FIRE ADOPTED
NO.124
NO.114 AUDIT-PW/BLDGS(COMPT)
Krehbiel Associates, for Western Auto owner, Petition to (ITEM#10C.C.P.,MARCH3,1998)
rezone 2751 Bailey from R2 to C2 (East Side Only) for retail That the above mentioned item be and the same is hereby
operation. received and filed.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE ADOPTED
CITY PLANNING BOARD AND THE COMMISSIONER OF NO.125
COMMUNITY DEVELOPMENT. REPLYAUDIT-PW/BLDGS.(PW)
(ITEM#34C.C.P,MARCH31,1998)
REGULARCOMMITTEES That the above mentioned item be and the same is hereby
received and filed.
CIVILSERVICE ADOPTED
(BEVERLYA.GRAY,CHAIRPERSON) NO.126
115 ACQUIRE166&170DART-PROPOSEDAUTOIMPOUND
CHG.TIEBREAKINGMETHODCIVILSERVICEEXAMS (ITEM#13,C.C.P.MARCH,3,1998)
(ITEM#255C.C.P,FEBRUARY17,1998) That the above item be, and the same hereby is returned to
the Common Council without recommendation.
That the above mentioned item be and the same is hereby Mr. Coppola moved that the above item be recommitted to the
received and filed. Committee on Finance.
ADOPTED ADOPTED.
AYES-BROWN, COPPOLA, FONTANA,GRAY,
NO.116 KAVANAUGH, PITTS, QUINTANA, WILLIAMS -8
CHG.TIEBREAKINGMETHOD-CIVILSERV.EXAMSNOES-FRANCZYK, HELFER, LOTEMPIO, ZUCHLEWSKI
(CSC)
(ITEM#75C.C.P,MARCH3,1998) NO.127
That the above mentioned item be and the same is hereby REPLY-CONDEMNATIONPROC.166-170DART(COMPT)
received and filed. (ITEM#18C.C.P,MARCH31,1998)
ADOPTED That the above mentioned item be and the same is hereby
received and filed.
NO.117 ADOPTED
APPOINTMENT
SENIORSTENOGRAPHER NO.128
That Communication 20, March 31, 1998 be received and MT.AARONMISS.BAPTISTCH.-PURCH.532GENESEE
filed and the Provisional appointment of Joanne Milioto stated (ITEM#95C.C.P,MARCH3,1998)
above at the Maximum salary $26,231.00 effective on March That the above mentioned item be and the same is hereby
16, 1998 is hereby approved. received and filed.
PASSED ADOPTED
AYES-12, NOES-0
NO.118 NO.129
SALARYORDINANCEAMENDMENT MT.AARONMISS.BAPTISTCH.-PURCH.532GENESEE
ENTERPRISEFUND (CD)
980DIVISIONOFWATER (ITEM#59C.C.P,MARCH17,1998)
013REPAIR&INSTALLWATERMETERS That the above mentioned item be and the same is hereby
(ITEMNO.184,C.C.P.,MAR.31,1998) received and filed.
That the Salary Ordinance Amendment as contained in Item ADOPTED
No. 184, C.C.P.,March 31, 1998, be and the same hereby is NO.130
approved. BUFFALOZOO-CHANGEADMISSIONFEESTRUCTURE
Passed. (ITEMNO.83,C.C.P.,MAR.17,1998)
AYES-12, NOES-0 That the Buffalo Zoological Gardens be, and hereby is to
authorized to change their admission policy to children under
FINANCE the age of 2 are admitted free, youngsters aged 3-14 a child
(DAVIDA.FRANCZYK,CHAIRMAN) admission and 15 and up to an adult admission.
Passed.
NO.119 AYES-12, NOES-0
HIST.PROP.TAXEXEMPTION(CC) NO.131
(ITEM#21C.C.P,NOVEMBER25,1997) LEASERENEWALZOOLOGICALSOCIETYOFBUFFALO,
That the above mentioned item be and the same is hereby INC.
received and filed. (ITEMNO.1,C.C.P.,MAR.31,1998)
ADOPTED That the Mayor be, and hereby is to authorized to renew the
lease between the City and the Zoological Society of Buffalo,
NO.120 Inc. The renewal will be for the same terms and conditions
L.L.INTRO.#10(1997)HIST.PROP.TAXEXEMPTION previously approved by the Common Council and will extend
(ITEM#119C.C.P,NOVEMBER25,1997) the lease for a new ten (10) year term, commencing April 4,
1998 and expiring April 4, 2008. received and filed.
Passed. ADOPTED
AYES-12, NOES-0
NO.132 NO.141
HANDICAPACCESSIBLEMODIFICATIONSEXEMPTIONREQUESTTOLOANCARTOGRAPHYEQUIPMENTTO
NYRPTL459(A) THEDISTRICTATTORNEY
(ITEMNO.27,C.C.P.,MAR.31,1998) (ITEMNO.57,C.C.P.,MAR.31,1998)
That the Corporation Counsel be, and hereby is to authorized That the Commissioner of Police be, and he hereby is
to prepare any necessary legislation/documentation to exempt authorized to loan the equipment as listed in the above
assessed value attributable to changes in an existing structure communication to the Erie County District Attorney's Office for
to remove architectural barriers to accommodate handicapped the take over of the Cartography functions.
individuals pursuant to New York Real Property Tax Law Passed.
459(A). AYES-12, NOES-0
Adopted
NO.133 NO.142
RESCINDGRASSCUTTINGFEE-498MONROE RESULTOFNEGOTIATIONS-826&830EASTEAGLE
(ITEMNO.259,C.C.P.,FEB.17,1998) (ITEMNO.68,C.C.P.,MAR.31,1998)
(ITEMNO.30,C.C.P.,MAR.31,1998) That the offer from Tu Hieu Buddhist Cultural Center, of 824
That the Commissioner of Assessment be and he hereby is East Eagle Street, in the sum of Four Thousand and Five
authorized to remove the grass cutting charge from the Hundred Dollars ($4,500.00 ) to purchase the properties
Assessment Roll for work performed during June to October described as 826 & 830 Eagle Street, be and hereby is
1997 on the property located at 498 Monroe. accepted; and
Passed. That the appraisal requested by the City of Buffalo shall be paid
AYES-12, NOES-0 by the purchaser; and
NO.134 That the transfer tax, recording fees and cost of legal
BIDS-REPAIRTOCITYMANHOLES-1998GROUP#464 description shall be paid by the purchaser; and
(ITEMNO.38,C.C.P.,MAR.31,1998) That the Corporation Counsel be authorized to prepare the
Mr. Franczyk moved that the above item be recommitted to necessary documents for the transfer of title and that the Mayor
the Committee on Finance. be authorized to execute the same, in accordance with the
ADOPTED. terms of sale upon which the bids were submitted.
NO.135 Passed.
BIDS-REPAIRTOCITYWATERCUTS-1998GROUP#471 AYES-12, NOES-0
(ITEMNO.39,C.C.P.,MAR.31,1998)
Mr. Franczyk moved that the above item be recommitted to NO.143
the Committee on Finance. RESULTOFNEGOTIATIONS-297MADISON
ADOPTED. (ITEMNO.69,C.C.P.,MAR.31,1998)
NO.136 That the above item be, and the same hereby is returned to
EMERGENCYREPAIRSDISTRIBUTIONSYSTEMSLUDGEthe Common Council without recommendation.
LAGOONSOLIDS Mr. Franczyk moved:
(ITEMNO.44,C.C.P.,MAR.31,1998) That the offer from Mrs. James McCutcheon (Brooksie
That the Commissioner of Public Works be, and he hereby is McCutcheon), of 301 Madison Street, in the sum of One
authorized to award a contract for the Cleaning and Disposal of Thousand Dollars ($1,000.00 ) to purchase the property
Sludge Lagoon Solids, to Philip/J.D. Meagher, Inc., the lowest described as 297 Madison Street, be and hereby is accepted;
responsible bidder, in the amount of $248,750.00. Funds for and
this project are available in Division of Water's Capital Account That the appraisal requested by the City of Buffalo shall be paid
416-985-001. by the purchaser; and
Passed. That the transfer tax, recording fees and cost of legal
AYES-12, NOES-0 description shall be paid by the purchaser; and
NO.137 That the Corporation Counsel be authorized to prepare the
LIGHTINGOFGEN.BIDWELLMONUMENT(PW) necessary documents for the transfer of title and that the Mayor
(ITEM#49C.C.P,MARCH31,1998) be authorized to execute the same, in accordance with the
That the above mentioned item be and the same is hereby terms of sale upon which the bid was submitted.
received and filed. Passed.
ADOPTED AYES-12, NOES-0
NO.138
PAYPHONEAPPLICATIONS(2)HELLOPAYPHONES NO.144
(ITEMNO.51,C.C.P.,MAR.31,1998) DELAWAREPARKJUICERY(HSPR)
That the Common Council does hereby deny a license to Mr. (ITEM#80C.C.P,MARCH31,1998)
Gohara A. Mohamed, of Hello Payphones, 672 Walden Avenue That the above mentioned item be and the same is hereby
for a payphone at 2502 Bailey Avenue. received and filed.
Mr. Franczyk moved that the above item be recommitted to the ADOPTED
Committee on Finance. NO.145
ADOPTED. AMENDBY-LAWSOFTHEBROADWAYMARKET
NO.139 MANAGEMENTCORPORATION
BIDS-SUPPLYOFWATERMETERS (ITEMNO.183,C.C.P.,MAR.31,1998)
(ITEMNO.52,C.C.P.,MAR.31,1998) That the Common Council approves the following changes to
That the above item be, and the same hereby is returned to the by-laws of the Broadway Market Management Corporation:
the Common Council without recommendation. Amend Article II, Section 2 by deleting the entire section and
Mrs. Lotempio moved: replace with the following:
Mr. Franczyk moved: Selection of Directors. The Board of Directors shall be made
That the Commissioner of Public Works be, and he hereby is tip as follows:
authorized to award a contract for Supply of Water Meters, to * One (1) President of the Broadway Market Tenant
Schlumberger Water, the lowest responsible bidder complying Association.
with the specifications for Supply of Water Meters, in an * Two (2) appointed by the Mayor of the City of Buffalo.
amount not to exceed $8,981,178.50, with said cost to be * Two (2) appointed by the District Common Council Member
charged to Division of Water's Capital Project Account for representing the market.
meters. * One (1) appointed by the County Legislator representing the
Passed. market.
AYES-BROWN, COPPOLA, FONTANA, FRANCZYK, * One (1) appointed by the City Comptroller.
HELFER, KAVANAUGH, LOTEMPIO, QUINTANA, * One (1) appointed by the Executive Director. Appointment
WILLIAMS. need not be a market tenant.
NOES-GRAY, PITTS, ZUCHLEWSKI * Three (3) Community-at-Large members appointed by the
Board of Directors.
NO.140 A. Appointed Directors. Appointed Directors may be elected
BADGERMETER-UNIVERSALWATERMETERPROJ. officials. Any elected official with appointing powers as
(ITEM#92C.C.P,MARCH31,1998) specified above may elect to serve as a board member instead
That the above mentioned item be and the same is hereby of appointing a representative. If any appointment is not made
within three (3) months, the Board of Directors shall make such 2. Decorative signs to be placed, one on Main and one on
appointment. Fillmore.
B. Term Office. The term of office for members of the Board of Passed.
Directors shall be three (3) years, except for the terms of the AYES-12, NOES-0
President of the Broadway Market Tenant Association and the
appointment of the Executive Director, which shall each be for NO.150
one year. Appointments shall be made within 3 months of the BENDERSONDEVELOPMENTCO.,PETITIONTOREZONE
adoption of this amendment and shall be governed by part C of 2350FILLMORE
this section. (ITEMNO.107,C.C.P.,MAR.31,1998)
C.Staggered Terms. The initial terms upon the adoption of this That the Common Council of the City of Buffalo does hereby
amendment shall be staggered as indicated below. The length ordain as follows:
of subsequent terms shall be governed by Article II, Section That that part of the Zoning Ordinances of the City of Buffalo,
2(B) of these by-laws: Section 511-126 of Article XXV of Chapter 511 as it relates to
President of the Broadway Market Tenant Association: one for the use map thereof be amended to show a "C2"
a one-year term. Commercial District rather than an "RY Residential for the
District Common Councilmember appointments: one for a premises known as 2350 Fillmore and more particularly
three-year term, one for a two-year term. described as follows:
* Mayor appointments: one for a three-year term, one for a two-ALL THAT TRACT OR PARCEL OF LAND situate in the City
year term. of Buffalo, County of Erie, State of New York, being part of Lot
* Comptroller appointment: one for a two-year term. 44, Township 11, Range 8, of the Holland Land Company's
* County Legislator appointment: one for a three-year term. survey bounded and described as follows:
* Executive Director appointment: one for a one-year term. Beginning at a point in the west line of Fillmore Avenue (66'
* Community-at-Large appointments: one for a three-year term, wide), distant 418.93 feet southerly from its intersection with
one for a two-year term, one for a one-year term. the southeast line of Main Street (99' wide); THENCE westerly
Amend Article II, Section 5 by deleting tile entire section and along a line drawn perpendicular to the westerly line of Fillmore
replacing it with the following: Avenue a distance of 147.38 feet to a point; THENCE
VACANCIES. Any vacancies on the Board of Directors northwesterly along a line at an interior angle of 66 degrees 1
occurring as a result of resignation or removal shall be filled by 8'29" a distance of 40.41 feet to a point; THENCE easterly
the same process as specified in this section. along a line drawn perpendicular to the westerly line of Fillmore
Amend Article VI Section 1 as follows: Avenue a distance of 131.14 feet to a point in the westerly line
Delete the following.. if with the Buffalo Common Council's of Fillmore Avenue; THENCE southerly along the westerly line
mutual agreement.” of Fillmore Avenue a distance of 37.0 feet to the point or place
passed of beginning, containing 5153 square feet more or less.
AYES-12, NOES-0 This rezoning shall be effective providing the following
conditions are met:
NO.146 That this rezoning shall not be effective unless and until a
INVESTIGATETHEOPERATIONOFHELPINGHANDS certified copy thereof has been filed by the petitioner in the
(ITEMNO.195,C.C.P.,MAR.31,1998) offices of the Erie County Clerk's Office and proof of such filing
That the Common Council requests the Comptroller to is submitted to the City Clerk's Office.
perform an audit of the operation of Helping Hands and how That this rezoning will not be effective until such conditions as
their monies have been appropriated; and set by the City Planning Board are met.
That the Common Council requests the Comptroller to revisit That this Common Council finds this action to be an Unlisted
the lease agreement as well as the agreement to pay utilities at Action under the S.E.Q.R. Act and adopts petitioner's findings
this location, in light of the recent controversies surrounding the such that no further environmental review is required under
operation of Helping Hands, and to report to this Council on said Act.
whether the city should continue to honor these agreements. It is hereby certified, pursuant to Section 34 of the Charter that
Adopted the immediate passage of the foregoing ordinance is
necessary.
Approved as to Form
Michael B. Risman
LEGISLATION Corporation Counsel
PASSED
(ALFREDT.COPPOLA,CHAIRMAN) AYES-12, NOES-0
NO.147 NO.151
SALVATIONARMY,PETITIONTOUSE154-156NORTH-ELKSMITHPROPERTIES,PETITIONTOUSE236ELK-
OFFICE,ETC. BILLBOARD
(ITEMNO.103,C.C.P.,MAR.31,1998) (ITEMNO.105,C.C.P.,FEB.17,1998)
That after a public hearing before the Committee on after a public hearing before the Committee on Legislation
Legislation on April 7, 1998, the petition of the Salvation Army, on April 7, 1998, the petition of Elk Smith Properties, owner, for
owner, for permission to use 154-156 North Pearl for an office permission to use 236 Elk for a billboard be, and hereby is
and training facility be, and hereby is approved. Denied
Passed. ADOPTED
AYES-12, NOES-0
NO.152
NO.148 CAMPAIGNAGAINSTRATS
CONWAYPORTER,PETITIONTOUSE147LINWOOD-(ITEMNO.185,C.C.P.,OCT.28,1997)
POLESIGN That the City Clerk be directed to send certified copies of this
(ITEMNO.104,C.C.P.,MAR.31,1998) resolution to the Commissioners of Street Sanitation and
That after a public hearing before the Committee on Community Development, to the County Executive, to the
Legislation on April 7, 1998, the petition of Conway Porter, Commissioner of the County Health Department, to the City
owner, for permission to use 147 Linwood for a pole sign be, Grants Office, to the Buffalo Pest Management Board and to
and hereby is approved. the Board of Block Clubs of Buffalo and Erie County.
Passed. Adopted
AYES-12, NOES-0
NO.153
NO.149 SETUPEFFORTSONTEENSMOKING
BENDERSONDEV.,PETITIONTOUSE2285MAINSTREET(ITEM#196,C.C.P.MARCH,3,1998)
-STORE,ETC. That this Common Council requests the Buffalo Wellness
(ITEMNO.106,C.C.P.,MAR.31,1998) Insitute, the Roswell Park Office of Cancer Control, the
That after the public hearing before the Committee on Coalition for a Tobacco Free Erie County, and the Erie County
Legislation on April 7, 1998, the petition of Benderson Dev., Department of Heal to file reports on any and all efforts being
owner, for permission to use 2285 Main Street for a store with undertaken to prevent teen smoking in Buffalo, including
parking be, and hereby is approved with the following education, enforcement, and the use of sting operations to
conditions: identify stores that sell tobacco products to minors; and
I . Pole sign should be placed on the comer of Main and That in as much as minors are still taking up tobacco use at an
Fillmore. unacceptable rate, this Council request the above listed
agencies to include in their reports any suggestions they may NO.164
have for further steps that could be taken to combat this 164E.UTICA-INSPECTION
problem. (ITEM#68C.C.P.FEBRUARY17,1998)
ADOPTED That the above mentioned item be and the same is hereby
received and filed.
NO.154 ADOPTED
ROSWELLPK.-STEPUPEFFORTSONTEENSMOKING
(ITEM#97C.C.P,MARCH31,1998) NO.165
That the above mentioned item be and the same is hereby LIGHTSFORGEN.D.BIDWELLMONUMENTON
received and filed. COLONIALCIR.
ADOPTED (ITEM#242C.C.P.JANUARY20,1998)
That the above mentioned item be and the same is hereby
NO.155 received and filed.
ORDINANCEAMENDMENT-CHAPTER72-ADOPTED
AMBULANCESANDAMBULANCEDRIVERS
(ITEMNO.248,C.C.P.,FEB.17,1998) NO.166
That the Ordinance Amendment as contained in Item No. LIGHTINGFORGEN.D.BIDWELLMONUMENTON
248, C.C.P., February 17, 1998, be and the same hereby is COLONIALCIR.(ARTSCOMM.)
approved. (ITEM#10C.C.P.MARCH17,1998)
Passed. That the above mentioned item be and the same is hereby
AYES-12, NOES-0 received and filed.
ADOPTED
NO.156
CITYFIREPREV/BLDG.CODES NO.167
(ITEM#257C.C.P,FEBRUARY17,1998) RE-APPOINTMENTOFMEMBERTOTHECITYPLANNING
That the above mentioned item be and the same is hereby BOARD
received and filed. (ITEMNO.3,C.C.P.,FEB.17,1998)
ADOPTED That the re-appointment of James K. Morell, residing at 65
Durham Avenue, as a member of the City Planning Board for a
NO.157 term expiring October 9, 2000, be, and hereby is confirmed.
FIREPREV.BLDG.CODE(CD) Adopted
(ITEM#61C.C.P,MARCH3,1998)
That the above mentioned item be and the same is hereby NO.168
received and filed. RESTAURANTDANCINGCLASSIV-736GENESEE
ADOPTED (ITEMNO.65,C.C.P.,MAR.31,1998)
That the above item be, and the same hereby is returned to
NO.158 the Common Council without recommendation.
PROPOSEDDEMOLITIONCODE Mr. Coppola moved:
(ITEMNO.258,C.C.P.,FEB.17,1998) That pursuant to Chapter 150 of the City Code, the Director
That the Common Council request that the Department of of Inspections, Licenses and Permits be, and he hereby is
Community Development review the "Proposed Demolition authorized to grant a Restaurant Dancing Class IV license to
Code" attached to the above communication and submit any Lizzie Leslie, d/b/a Lizzie Leslie, located at 736 Genesee.
changes that need to be updated for final approval, including a Passed.
section that addresses the minimum requirement of what type AYES-12, NOES-0
of fencing should be erected at a construction or demolition
site; and NO.169
That upon complete review of the "Proposed Demolition Code," APPOINTMENTTOTHEBUFFALOARTSCOMMISSION
the Common Council will make an amendment to the City (ITEMNO.22,C.C.P.,MAR.31,1998)
Charter to include a Demolition Code. That the appointment of Christine Tebes, residing at 95
Adopted Shoshone Street, to the Arts Commission be, and hereby is
approved.
NO.159 Adopted
PROP.DEMO.CODE(CD)
(ITEM#62C.C.P.MARCH17,1998) NO.170
That the above mentioned item be and the same is hereby NOT.SER.#4993(PW)
received and filed. (ITEM#33C.C.P.MARCH31,1998)
ADOPTED That the above mentioned item be and the same is hereby
received and filed.
NO.160 ADOPTED
STATUSOFBROADWAYGARAGE
(ITEM#186C.C.P,OCTOBER14,1997) NO.171
That the above mentioned item be and the same is hereby LDA-NEWBFLO.IND.PK.-J.ROMA(HRG.4/14)
referred to the Committee on Budget. (ITEM#75C.C.P.MARCH31,1998)
ADOPTED That the above item be, and the same hereby returned to the
Common Council without recommendation.
NO.161 ADOPTED
CASESONPOLITICALSIGNS(CC) RECOMMENDED BY THE COMMITTEE ON COMMUNITY
(ITEM#64C.C.P,MARCH31,1998) DEVELOPMENT
That the above mentioned item be and the same is hereby A public hearing has been set before the Common Council, at
received and filed. this regularly scheduled meeting, on the above item, and a
ADOPTED Notice of same has been published in the Buffalo News, a copy
which is attached hereto),.,
NO.162 On a motion by
REQ.PILOTPROG.-ELLICOTTDISTR. Mrs. LoTempio seconded by Fontana, the item is properly
(ITEM#135C.C.P,NOVEMBER25,1997) before the Common Council, and the hearing is opened.
That the above mentioned item be and the same is hereby CARRIED
received and filed. Appearances Maryanne De Marco
ADOPTED Mrs. LoTempio now moved that the hearing be closed.
Seconded by Mr. Quintana
NO.163 NOTICE OF PUBLIC HEARING
REQ.COUNCILAPPROVAL-DELICATESSENSINTARGETPursuant to provisions of the General Municipal Law, notice is
AREAS hereby given that a hearing will be held before the Common
(ITEM#108C.C.P.JANUARY6,1998) Council, Council Chambers, City Hall, at 2:00 P.M. on March
That the above mentioned item be and the same is hereby 17, 1998 on the following:
received and filed. To consider an Agreement for a 3.37 acre portion of Parcel # 4
ADOPTED in the New Buffalo Industrial Park. The parties of the proposed
contract are: Buffalo Urban Renewal Agency and John T.
Roma and/or other legal entity designated as the qualified and (DALEZUCHLEWSKI,CHAIRMAN)
eligible Redeveloper by Buffalo Urban Renewal Agency.
This Agreement is available for inspection at Buffalo Urban NO.173
Renewal Agency, Room 920 City Hall, Buffalo, New York, daily ENACTENVIRONMENTALAUDITRECOMMENDATIONS
from 8:30 A.M. - 4:30 P.M. All persons will be given an (ITEMNO.133,C.C.P.,SEPT.2,1997)
opportunity to be heard at the meeting. This Common Council endorses the above listed
C.L. Michaux III, City Clerk recommendations from the 1997 "Environmental Audit of
Mrs. LoTempio moved that: Buffalo City Hall" and thanks the students, faculty and advisors
WHEREAS, the Buffalo Urban Renewal Agency has duly who worked on this project; and
designated John T. Roma, and/or other legal entity to be Adopted.
formed as qualified and eligible Redeveloper in accordance
with rules and procedures duly adopted by the Agency; and NO.174
WHEREAS, the City Clerk has published a Notice of Public SUPPORTPILOTPROGRAMFORCAMOGAMBLINGMI
Hearing, as required by Section 507, Subdivision 2(d) of the DOWNTOWNBUFFALO
"General Municipal Law" and (ITEM#25I,C.C.P.FEBRUARY,17,1998)
WHEREAS, the proposed Land Disposition Agreement has That this Honorable Body support the establishment of a pilot
been duly submitted to this Common Council by the Buffalo program for a municipally owned casino in downtown Buffalo to
Urban Renewal Agency; and enhance economic development and tourism in the city and
NOW, THEREFORE, BE IT RESOLVED: throughout the region, and provide for increased revenue for
1. That John T. Roma and/or other legal entity to be formed was the City of Buffalo, Erie County and the State of New York; and
duly designated as qualified and eligible Redeveloper by the That the Erie County Legislature's Economic Development
Buffalo Urban Renewal Agency, is hereby approved as the Committee notify the City of Buffalo Council President of its
Redeveloper for a 3.37 acre portion of Parcel 44 in the New next meeting at which this item will be on the agenda; and
Buffalo Industrial Park. That the City Clerk sent certified copies of this resolution to
2. That the Mayor, the Chairman, Vice-Chainnan, or any officer Governor George Pataki, the Western New York delegation of
of the Buffalo Urban Renewal Agency is hereby authorized to the New York State Legislation, Erie County Executive Dennis
execute any and all deeds or other documents necessary to Gorski, Mayor Anthony Masiello, and to members of the Erie
convey land described in the proposed "Land Disposition County Legislature..
Agreement" to John T. Roma and/or other legal entity to be ADOPTED
formed in accordance with the terms of said Agreement and for AYES-COPPOLA, FONTANA, FRANCZYK, GRAY, HELFER,
the consideration recited therein. LOTEMPIO, PITTS, WILLIAMS-8,
PASSED NOES- BROWN, KAVANAUGH, QUINTANA,
AYES-12, NOES-0 ZUCHLEWSKI-4
NO.172 NO.175
LDA-S.ELLICOTTUR-RAYFORD(HRG.4/14) POSITIVEDECLAR.-SEQRA90PEARLST.(CD)
(ITEM#75C.C.P.MARCH31,1998) (ITEM#49C.C.P.MARCH17,1998)
That the above item be, and the same hereby returned to the That the above mentioned item be and the same is hereby
Common Council without recommendation. received and filed.
ADOPTED ADOPTED
RECOMMENDED BY THE COMMITTEE ON COMMUNITY
DEVELOPMENT NO.176
A Public hearing has been set before the Common Council, at TRANSFEROFTITLE,URBANHOMESTEAD-90
those regularly scheduled meeting, on the above item, and MONTANA(ITEMNO.55,C.C.P.,MAR.17,1998)
Notice of same has been published in the Buffalo News, a copy That the above item be, and the same, hereby, is returned to
of which is attached hereto. the Common Council without recommendation
On a motion by Mrs. LoTempio, seconded by Mr. Franczyk, the Mr. Zuchlewski moved that the above item be recommitted to
item is properly before the Common Council, and the hearing is the Committee on Community Development.
opened. ADOPTED.
CARRIED.
Appearances Lou Malucci NO.177
Mrs. LoTempio now moved that the hearing be closed. TRANSFEROFTITLE,URBANHOMESTEAD-180
Seconded by Mr. Zuchlewski JEWETTAVENUE(ITEMNO.43,C.C.P.,DEC.23,1997)
Mrs. LoTempio moved that (ITEMNO.187C.C.P.,FEB.17,1998)
WHEREAS, the Buffalo Urban Renewal Agency has duly (ITEMNO.151,C.C.P.,MAR.3,1998)
designated Rayford Enterprises Inc. and/or other legal entity to (ITEMNO.175,C.C.P.,MAR.17,1998)
be formed as qualified and eligible That the above item be, and the same hereby is returned to
Redeveloper in accordance with rules and procedures duly the Common Council without recommendation.
adopted by the Agency; and Mr. Zuchlewski moved that the above item be recommitted to
WHEREAS, the City Clerk has published a Notice of Public the Committee on Community Development.
Hearing, as required by Section 507, Subdivision 2(d) of the ADOPTED.
"General Municipal Law"and
WHEREAS, the proposed Land Disposition Agreement has NO.178
been duly submitted to this Common Council by the Buffalo TRANSFEROFTITLE,URBANHOMESTEAD-507EAST
Urban Renewal Agency; and NORTH
NOW, THEREFORE, BE IT RESOLVED: (ITEMNO.70,C.C.P.,MAR.31,1998)
1. That Rayford Enterprises Inc. and/or other legal entity to be That the above item be, and the same hereby is returned to
formed was duly designated as qualified and eligible the Common Council without recommendation.
Redeveloper by the Buffalo Urban Renewal Agency, is hereby
approved as the Redeveloper for a portion of New Buffalo Mr. Zuchlewski moved:
Industrial Park. That the city-owned property commonly known as 507 East
2. That the Mayor, the Chairman, Vice-Chairman, or any officer North, is hereby designated as Homestead Property, and that
of the Buffalo Urban Renewal Agency is hereby authorized to the Mayor be, and he hereby is authorized to execute a deed
execute any and all deeds or other documents necessary to transferring said property to Mrs. Ollie Carroll, residing at 505
convey land described in the proposed "Land Disposition East North Street, for the amount of $ 1.00 (One Dollar), and
Agreement" to Creditors Interchange and/or other legal entity to all costs of transfer, on the condition the property is cleared
be formed in accordance with the terms of said Agreement and and improved within six (6) months and maintained in a
for the consideration recited therein. sanitary manner.
3. That none of the costs associated with the construction or Passed.
leasing of this property shall be passed along to the consumer AYES-12, NOES-0
through an increase in the water rates.
4. That the total project costs and the project site and design SPECIALMEETINGS
plan be submitted to the Common Council when available.
PASSED POLICEOVERSIGHTCOMMITTEE
AYES-12, NOES-0
NO.179
COMMUNITYDEVELOPMENT ALTERNATESITESFORBDISTR.POL.STA.(COMPT)
(ITEM#14C.C.P.MARCH3,1998) (ITEMNO.38,C.C.P.,MAR.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 the
received and filed. Common Council without recommendation.
ADOPTED Mrs. Lotempio moved:
That the Commissioner of Public Works be, and he hereby is
NO.180 authorized to continue negotiations for an extension of the solid
ALTERNATESITESFORBDIST.POL.STA.(COMPT) waste disposal contract with Modem Corporation and that upon
(ITEM#41C.C.P.MARCH3,1998) the formation of an agreement, to bring such agreement to the
That the above mentioned item be and the same is hereby Common Council for final approval.
received and filed. Passed.
ADOPTED AYES-12, NOES-0
NO.181 NO.191
POLICEREORGANIZATION-CDISTRICT(POL) AMENDTAYLORLAW
(ITEM#44C.C.P.SEPTEMBER2,1997) (ITEM#207C.C.P.FEBRUARY3,1998)
That the above mentioned item be and the same is hereby That the above mentioned item be and the same is hereby
received and filed. received and filed
ADOPTED ADOPTED
AYES-BROWN,COPPOLA, FONTANA, FRANCZYK, GRAY,
NO.182 HELFER, LOTEMPIO, PITTS, QUINTANA, WILLIAMS,
POLICEACTIONONNOISEORD. ZUCHLEWSKI-11
(ITEM#113C.C.P.JANUARY6,1998) NOES-KAVANAUGH-1
That the above mentioned item be and the same is hereby
received and filed. NO.192
ADOPTED AMENDTAYLORLAW
(ITEMNO.189,C.C.P.,MAR.3,1998)
NO.183 That this Common Council memorializes the New York State
CCAPA-BANUSEOFPEPPERSPRAY(#46,1/6) Legislature to introduce legislation which would alter the Taylor
(ITEM#150C.C.P.JANUARY20,1998) Law to make the legislative body of a given municipality the final
That the above mentioned item be and the same is hereby arbiter of all municipal arbitration within that particular
received and filed. municipality; and
ADOPTED That if the aforementioned change is not made to the Taylor
Law, this Honorable Body request that the Taylor Law be
NO.184 amended to make ability to pay the primary factor weighed by
B.BROWN-COMPLAINT-EMPIREIIPAWNBROKERS arbitrators when considering negotiations; and
(ITEM#89C.C.P.FEBRUARY3,1998) That this Honorable Body requests that the New York State
That the above mentioned item be and the same is hereby Legislature allow binding arbitration to end when the sunset
received and filed. clause is available on June 30, 1999; and
ADOPTED That the City Clerk be directed to forward certified copies of
this resolution to the members of the Western New York
NO.185 delegation of the New York State Legislature as well as the
PROSPERINT.ARB. secretary of the New York State Senate and the Clerk of the
(ITEM#201C.C.P.MARCH3,1998) New York State Legislature.
That the above mentioned item be and the same- is hereby Adopted
received and filed. AYES-BROWN, COPPOLA, FONTANA, FRANCZYK, GRAY,
Mr. Quintana moved that the above item be recommitted to the LOTEMPIO, QUINTANA, WILLIAMS, ZUCHLEWSKI-9
Special Committee on Police/Oversight. NOES-KAVANAUGH, HELFER, PITTS -3
ADOPTED
RESOLUTIONS
NO.186
PROSPERINT.ARB.(POL) NO.193
(ITEM#39C.C.P.MARCH17,1998) By: Byron W. Brown
That the above mentioned item be and the same is hereby SETPUBLICHEARING
received and filed. SAINTNICHOLASPLACE-AFFORDABLEHOUSING
Mr. Quintana moved that the above item be recommitted to the PROGRAMAPPROVALOFLANDDISTRIBUTION
Special Committee on Police/Oversight. AGREEMENT
ADOPTED B.H.D.PROPERTIESCO.,INC.,REDEVELOPERS
WHEREAS, B.H.D. Properties Co., Inc. (hereinafter referred
BUDGETCOMMITTEE to as the "Redeveloper") has been duly designated as qualified
(ROSEMARIELOTEMPIO,CHAIRPERSON) and eligible Redeveloper in accordance with the rules,
regulations and/or procedures prescribed by the City of Buffalo
NO.187 Urban Renewal Agency (hereinafter referred to a the
PROP.REPEALGARBAGEFEE(1STRES.ADOPTED) "Agency"); and
(ITEM#203C.C.P.MARCH4,1998) WHEREAS, the Agency and the Redeveloper have
That the above mentioned item be and the same is hereby negotiated a Land Disposition Agreement for the disposition of
received and filed. certain real property within the proposed project area known as
ADOPTED Saint Nicholas Place - Affordable Housing Program Area;
AYES-BROWN, COPPOLA, FRANCZYK, KAVANAUGH, identified as being bounded by East Utica Street, Welker
LOTEMPIO, QUINTANA, WILLIAMS, ZUCHLEWSKI-9 Street, Verplanck Street and Glenwood Avenue; situate within
NOES- FONTANA, GRAY. PITTS-3 the Community Wide Urban Renewal Demonstration Program
Area located in the Masten Council District.; and
NO.188 WHEREAS, said Land Disposition Agreement has been
INFO.-COLLECTIONOFGARBAGE,ETC. forwarded by the Agency to this Common Council for the
(ITEM#86C.C.P.FEBRUARY3,1998) appropriate action, pursuant to Section 507, Subdivision 2 (d)
That the above mentioned item be and the same is hereby of New York State General Municipal Law; and
received and filed. WHEREAS, Article 15 A of New York State General
ADOPTED Municipal Law; requires that the disposition of municipally
owned land within an Urban Renewal Project Area shall be
NO.189 approved only upon the completion of a public hearing, held on
CHG.CONTR.SOLIDWASTEDISPOSAL(PW) due notice.
(ITEM#36C.C.P.MARCH3,1998) NOW, THEREFORE, BE IT RESOLVED:
That the above mentioned item be and the same is hereby 1. That the Clerk of the City of Buffalo is hereby directed to
received and filed. publish the notice attached hereto, identified as "Notice of
ADOPTED Public Hearing" in the Buffalo News, no later then Friday, April
17, 1998.
NO.190 2. That this Common Council shall conduct a Public Hearing on
EXTENSIONOFCONTRACT-SOLIDWASTEDISPOSAL the matter set forth in the said "Notice of Public Hearing"; at
2:00 o'clock p.m. in the Council Chambers on Tuesday, April Schools; and
28, 1998. Be it further resolved that
ADOPTED The City Clerk send a certified copy of this resolution to
NO.194 Niagara Mohawk Power Corporation with a request for a copy
By: Mr. Brown of the analysis performed on City of Buffalo electric usage for
CONFLICTRESOLUTIONANDAGGRESSIONthe Power Choice Settlement Program and detailed information
INTERVENTIONFORSCHOOLAGEYOUTH on every account with the City of Buffalo; and
Whereas: The Buffalo Public School System Be it further resolved that
currently has a program in some of its schools to deal with The City Clerk send a certified copy of this resolution to New
conflict resolution; and York State Attorney General Dennis Vacco requesting that he
Whereas: While the laudable efforts of the Buffalo include all City of Buffalo electric service accounts in his
School Board in instituting these programs cannot go investigation of Niagara Mohawk's billing practices in light of
unnoticed, a problem exists in the fact that these programs are revelations about the practice of overcharging residential
varied and are not contiguous throughout the entire school customers by charging them commercial rates; and in light of
district; and the results of the investigation showing the City of Buffalo has
Whereas: Because this program is not uniform been overcharged for electric service for twenty-two (22) years.
throughout the school system, some children may never ADOPTED
receive any benefits of the program at all; and
Whereas: In light of recent news events, especially NO.196
the tragedy that occurred in rural Arkansas, it is incredibly By: Mr. Coppola
important that our children are given the proper guidance and DISCHARGECOMMITTEEONLEGISLATION
training necessary, as well as the opportunity to express UNITEDREFINING-2543DELAWAREPOLESIGN
themselves and their feelings in a non-aggressive manner; and (COM105,MAR31,1998)
Whereas: Resolution No. 229, of February 17, 1998, Whereas: The above item is currently in the
"Make Conflict Resolution Part of Buffalo Public School Committee on Legislation; and
Curriculum", currently in the Education Committee, details even Whereas: It is no longer necessary for this item to
more the reasoning and objectives of having a comprehensive be considered by that committee; and
program for all children, youth, and teens; and Now, Therefore Be it Resolved:
Whereas: The public, including children, parents, That this Common Council does hereby discharge the
teachers, and school administrators should have the Committee on Legislation from further consideration of Item
opportunity to voice their concerns and ideas in a public form; 105, C.C.P. March 3 1, 1998, and said item is now before the
and Common Council for its consideration.
Now, Therefore, Be It Resolved: PASSED
That this Common Council hold an evening Public Hearing to AYES-12, NOES-0
address and discuss the need to create a standard curriculum
built upon the various programs that already exist that deal with NO.197
conflict resolution and aggression intervention for By: Mr. Fontana
comprehensive instruction from Kindergarten to the Twelfth APPROVECONTRACTWITHNATIONAL
Grade; and ENVIRONMENTALLAWCENTER
Be It Further Resolved: Whereas: The National Environmental Law Center
That this Council invites Buffalo Schools Superintendent (NELC), a non-profit corporation headquartered in Boston,
James Harris, School Board Members, the President of the Massachusetts, recently approached the Lovejoy Council office
Buffalo Teacher's Federation, Phil Rumore, along with with an offer to provide the City with a subgrant to contract with
administrators, teachers, parents, and children to this forum; a consultant to provide outreach and organizing for a training
and session for Local Emergency Planning Committees; and
Be it Finally Resolved: Whereas: The proposed half day training session
That the City Clerk advertise this Public Hearing for the date will focus on pollution prevention and is funded by the Great
agreed upon between this Council and the Council Chair of the Lakes Protection Fund; and
Education Committee. Whereas: The NELC, in consultation with the
REFERRED TO THE COMMITTEE ON EDUCATION, THE Lovejoy office, has chosen Dawn Caldarelli, of 189 Maurice
BOARD OF EDUCATION, THE BUFFALO TEACHERS Street, Buffalo, NY as the consultant for this project; and
FEDERATION AND THE SUPERINTENDENT OF Whereas: The NELC will pay Ms. Caldarelli a
EDUCATION maximum of $2,420 for her work, which will be completed by
June 30, 1998, and has agreed to pay the City 10% of the
NO.195 subgrant for administrative overhead along with printing,
By: Mr. Coppola postage and other office expenses associated with the
REQUESTATTORNEYGENERALINVESTIGATENIMOproject; and
OVERCHARGING Whereas: The NELC will provide the city with an
Whereas: Niagara Mohawk admitted this week to initial check for $2,420 to activate the contract; and
overcharging "several thousand" residential customers by Whereas: Ms. Caldarelli will work out of the Council
erroneously charging them commercial rates; and staff office 2 days each week and out of her home on other
Whereas: Because it was suspected that NiMo was days and the City will act as a pass through agency for the
overcharging the City and thus the taxpayers, this Common subgrant;
Council requested that the Commissioner of Public Works Now, Therefore, Be It Resolved That:
investigate Niagara Mohawk's billing practices of all City of This Council hereby authorizes the City Clerk to enter into a
Buffalo accounts; and contract with the National Environmental Law Center under the
Whereas: The investigation has been completed, terms outlined above.
and it was discovered that Niagara Mohawk has overcharged PASSED
the City of Buffalo for twenty-two (22) years; and AYES-12, NOES-0
Whereas: NiMo has offered to reimburse the City for
six years of overcharging, or roughly $533,000; or a formula NO.198
involving five percent (5%) compounded interest over twenty-By: Mr. Fontana
two years, or roughly $533,000; and GENESEESTREETRECONSTRUCTION
Whereas: Although NiMo's profits were the lowest in Whereas: Genesee Street is the gateway to our fine
ten years, bonuses and incentives of $14.7 million were city via the Buffalo Niagara International airport. When driving
recently paid to its executives; and down Genesee Street in Buffalo the roadway and sidewalks
Whereas: If NiMo can afford to pay out bonuses and become extremely bumpy; and
incentives totaling $14.7 million, it should fairly reimburse Whereas: Reconstruction of this gateway roadway
customers who have been overcharged, whether residential or from the city line to Leslie Street is needed to repair the
a large commercial account such as the City of Buffalo. surfaces properly; and
Now therefore be it resolved that Whereas: This is critical time to start this project for
This Common Council requests a full investigation and 1999 construction season; and
audits of all City of Buffalo electric service accounts including Whereas: Due to the fact that the state will be
the Buffalo Municipal Housing Authority and all city school reconstructing Genesee from the Buffalo city line to the airport;
buildings; with responses from the Commissioners of and
Administration & Finance and Department of Public Works, the Whereas: The county has money set aside money
Executive Director of the BMHA, and the Superintendent of for municipalities to work together on projects that effect both
area's; and That, Pursuant to Section 41 of the Charter and the
Whereas: These funds could be available to Certificate of the Mayor and the Comptroller submitted to the
enhance street lighting and atmosphere of Genesee Street in Common Council, the appropriation in the budget for the
Buffalo and Cheektowaga and Current fiscal year for Appropriation Allotments - Division of
Be It Finally Resolved: Inventory and Stores - Exempt Items be and the same hereby
That public works and administration include the is increased in the sum of $7,552.
reconstruction of Genesee Street in 1998/1999 City Budget. That, the comptroller be and hereby is authorized and
REFERRED TO THE COMMITTEE ON FINANCE AND THE directed to transfer the Sum of $7,552 from 100-890-050 -
COMMISSIONER OF PUBLIC WORKS Reserve for Capital Appropriations to elect this increased
appropriation as set forth below:
NO.199 To:
By: Mr. Fontana 100 General Fund
SEWERGASES 10 - Department of General Services
Whereas: The majority of the days of the year sewer 4 - Division of Inventory and Stores
gases can be smelled in the Schiller Park area causing 085 - Exempt Items
unpleasant problems; and 981 - Passenger Cars & Other Vehicles
Whereas: Due to improper venting sewer gases are (Tire Service Truck Body) $7,552
building up under Schiller Park and causing a problem and REFERRED TO THE COMMITTEE ON FINANCE, THE
Be It Finally Resolved: COMMISSIONER OF ADMINISTRATION AND FINANCE
That the Sewer Authority set aside funding to properly vent the AND THE COMMISSIONER OF GENERAL SERVICES
sewer system closer to the source alleviating the problem in the
system NO.204
REFERRED TO THE COMMITTEE ON LEGISLATION AND BY: Mr. Franczyk
THE BUFFALO SEWER AUTHORITY SAVEBUFFALOARTISTPAINTINGS
WHEREAS: Two of Buffalo's most accomplished
NO.200 artists are African-American artist Hubert H. Crawford and
By: David Franczyk, Fillmore District Councilmember Eugene Dyczkowski, both now deceased; and,
SETPUBLICHEARING WHEREAS: Some of the most inspiring works by
THRUWAYINDUSTRIALPARKPILOTPROJECTDyczkowski and Crawford were recently "discovered" in the
APPROVAL-CONTRACTFORSALEOFLANDWATVformer officers club at Old Fort Niagara in Lewiston, New York;
CORP. and,
WHEREAS, The Commissioner of Community Development WHEREAS: Four artists contributed very inspiring, but
has duly designated WATV Corp., as a qualified and eligible recently "forgotten" historic murals in the long-closed brick
developer for 700 Babcock Street in the Thruway Industrial officers club near the fort grounds in the state park. Two of the
Park Pilot Project. works were by Crawford and Dyczkowski; and,
NOW, THEREFORE, BE IT RESOLVED: WHEREAS: The paintings were done in the W.P.A.
THAT, the City Clerk be and is hereby directed to publish the 1930's period, with later paintings done by a German P.O.W. in
attached Notice of Hearing in the Buffalo News and the City 1944-45 and an American military artist, both now highly
Record on the 17th day of April, 1998 and recognized by the artistic community. The paintings are
THAT, this Common Council will hold a public hearing on the applied directly to the interior walls of the Officer's Club; and,
proposed agreement, on the 28th day of April, 1998. WHEREAS: Hubert H. Crawford's large painting is a
ADOPTED depiction of the Battle of Cantigny, America's first victory
against the Germans in World War I. The painting is huge,
NO.201 sweeping battle scene showing American troops locked in
By: Mr. Franczyk: battle in a devastated French hamlet, with aircraft engaged in
CAPITALBUDGETAMENDMENT dogfights overhead; and,
ADDITIONTOCAPITALPROGRAM1997-98 WHEREAS: Crawford's identity was "unknown," until
That pursuant to section 359 of the Charter and the painting restoration advocates advertised in the Challenger, and
Certificate of the Mayor and the Comptroller submitted to the made "cold calls" to Crawfords listed in the phone book in the
Common Council, the Capital Program for the fiscal year City of Buffalo, eventually finding Crawford's surviving family
1997-98 be and the same is hereby amended by adding the members. The family provided detailed information about
following item under the heading: Hubert Crawford, who died in 1985; and,
200 Capital Projects WHEREAS: Eugene Dyczkowski was an artist active
401 Division of Engineering in the Polish Arts Club of Buffalo and was the former President
Reconstruction - Niagara Falls Boulevard $500,000 of the prestigious Buffalo Society of Artists. His stirring murals
PASSED can be found today in Buffalo's Burgard High School and other
AYES-12, NOES-0 locations. The mural at Burgard depicts people and landmarks
in Buffalo. His painting at the Fort Niagara officer's club
NO.202 present military scenes from the history of forts through the
By: Mr. Franczyk ages; and,
INCREASEDAPPROPRIATION WHEREAS: The works of these Buffalo artists should
DEPARTMENTOFGENERALSERVICES be preserved and saved as part of a New York State museum,
DIVISIONOFINVENTORYANDSTORES although the state has contracted out to lease the Officer's
That, Pursuant to Section 41 of the Charter and the Club for a restaurant and other structures on the site for a hotel
Certificate of tile Mayor and tile Comptroller submitted to the complex; and,
Common Council, the appropriation in the budget for tile WHEREAS: These huge WPA works by Buffalo artists
current fiscal year for Appropriation Allotments - Division of are a unique Western New York and national treasure and
Inventory and Stores be and the same hereby is increased in should not be jeopardized in any way, but preserved, protected
the sum of $60,000. and promoted by New York State;
That, the comptroller be and hereby is authorized and NOW THEREFORE BE IT RESOLVED:
directed to increase the revenue estimate of account: That the Common Council requests that the New York. State
100-104-402-32400 Environmental Management Bureau, Office of Parks,
Charges for Services - Postage $60,000 Recreation, and Historic Preservation support and approve the
To meet the increased appropriation as set forth below: designation of the Officer's Club Building adjacent to historic
100 General Fund Fort Niagara as an official New York State operated museum;
104 - Division of Inventory and Stores and,
00 I - Inventory Management BE IT FURTHER RESOLVED:
541 - Postage $60,000 That the Council petition Governor Pataki and the Western
REFERRED TO THE COMMITTEE ON FINANCE AND THE New York legislative delegation to recognize the importance of
COMMISSIONER OF ADMINISTRATION AND FINANCE two great Buffalo artists by supporting the designation of the
AND THE DEPARTMENT OF GENERAL SERVICES Officer's Club in Lewiston into an official New York State
museum open and accessible to the public.
NO.203 ADOPTED
By: Mr. Franczyk
INCREASEDAPPROPRIATION NO.205
RESERVEFORCAPITALAPPROPRIATIONS By: Ms. Gray
DIVISIONOFINVENTORYANDSTORES SALARY ORDINANCE AMENDMENT
ENTERPRISE FUND That, after ensuring that each floor has an adequate number of
98 - 0 - DIVISION OF WATER fire marshals, the Buffalo Fire Department provide training
015 DISTRIBUTION SYSTEM which would enable these fire marshals to fulfill their duties
The Common Council of the City of Buffalo does ordain as during an emergency situation; and
follows: Be It Further Resolved:
That part of Section 1 of Chapter 35 of the Ordinances of the That the Buffalo Fire Department work with a City Hall liaison to
City of Buffalo, relating to 98 - 0 - Division Of Water 015 ensure that each floor in City Hall consistently maintains an
Distribution System, is hereby amended by adding: adequate number of fire marshals and that new marshals
I Water Distribution Superintendent $41,072 - $48,484 promptly receive the required training; and
IT IS HEREBY CERTIFIED, pursuant to Section 34 of the Be It Further Resolved:
Charter, that the immediate passage of the foregoing ordinance That fire marshals be provided with emergency flashlights to
is necessary. guide employees down the stairs when the power goes out
WE, JOSEPH N. GIAMBRA, Commissioner of Public during any other building emergency which requires
Works, and JAMES D. MILROY, Director of the Budget, evacuation; and
hereby certify that the above change is necessary for the Be It Further Resolved:
proper conduct, administration and performance of essential That the Buffalo Fire Department, in cooperation with the
services of that department. We recommend that the Department of Public Works, address the issue of evacuating
compensation for said position be fixed at the respective persons with disabilities, and develop adequate protocols if
amount set forth in the foregoing ordinance. none exist; and
That a personnel requisition incident to the creation of the Be It Finally Resolved:
above-mentioned position, containing a statement of the duties That this Honorable Body requests written confirmation of the
for such position, has been filed with the Municipal Civil completion of each of the aforementioned requests, as soon as
Service Commission, and said Commission has approved and each request is completed, prior to June 1, 1998.
certified the position title set forth in the foregoing ordinance as ADOPTED
being the appropriate Civil Service title for the proposed
position. NO.208
By: Ms. Kavanaugh, Mr. Quintana and Mrs.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
Williams
NO.206
REQUESTPUBLICMEETINGONLASALLEPARK
BY: Gray, Brown, Pitts,Mrs. Williams
MASTERPLAN
AMENDCAPITALBUDGETFORAPOLLOTHEATRE
Whereas: The Buffalo Common Council adopted a resolution,
WHEREAS: The Department of Public Works has
on February 3, 1998, opposing the use of LaSalle Park for the
developed plans for the redevelopment of the Apollo Theatre on
Super Span Plaza; the intent of this resolution was to preserve
Jefferson Avenue. The building would be utilized as the public
LaSalle Park so that all Buffalonians may continue to utilize and
access center for the City of Buffalo; and
enjoy this public jewel; and
WHEREAS: The project cost is approximately $2.8
Whereas: In adopting this resolution, the Common Council also
million. Presently $1.5 million has been allocated in previously
adopted the LaSalle Park Master Plan; and
sold Bonds; and
Whereas: Since the adoption of this resolution, numerous
WHEREAS: In order to proceed and complete funding of the
residents have contacted various Council offices to request
project, Public Works would need assurances that the
information, ask questions, and express concerns about the
additional funding through the Capital Budget is available; and
LaSalle Park Master Plan; and
WHEREAS: The Final specifications for the building
Whereas: A public meeting on the LaSalle Park Master Plan
will be completed by May 1998. Work can then proceed by
would provide community leaders, residents, and others who
July or August 1998 at the latest.
are concerned about LaSalle Park with a forum to express their
NOW THEREFORE BE IT RESOLVED THAT: The
concerns;
Common Council amend this year's Capital Budget to include
Now, Therefore, Be It Resolved:
an additional $1.5 million for the development of the Apollo
That the Buffalo Common Council hold a public meeting on
Theatre.
Tuesday, May 9, 1998, at 6:30 pin in the Common Council
PASSED
Chamber to discuss the LaSalle Park Master Plan; and
AYES-12, NOES-0
Be It Further Resolved:
NO.207
That the City Clerk's Office is hereby authorized to publish
by: Mr. Helfer
notice of said public hearing on the LaSalle Park Master Plan.
SETCITYHALLPOLICIESFOREMERGENCYREFERRED TO THE COMMITTEE ON COMMUNITY
EVACUATIONS DEVELOPMENT
Whereas: Approximately 2,000 people work in City Hall; and
Whereas: On any given business day, a large number of NO.209
by: Mrs. LoTempio & Mrs Williams
citizens are also in the building to attend a meeting, pay a bill,
participate in a marriage ceremony, consult with a city official,
HOMERULEMESSAGE-S.2530;A.142:EXPANDED
or perform some other function; and
DOWNTOWNECONOMICDEVELOPMENTZONE
Whereas: The safety of everyone in City Hall is of paramount
Whereas: There has been introduced in the New York State
importance; it is crucial that we take adequate measures to
Legislature Senate Bill S.2530 and Assembly Bill A. 142, "An
ensure that employees, citizens, and others are safe in the
act to amend the general municipal law [subdivision (e) to
building which so beautifully represents our City; and
Section 1 of Section 958], in relation to providing for an
Whereas: Fire alarms and other emergency situations which
expanded downtown Buffalo economic development zone"; and
require building evacuation are an item of major concern in City
Whereas: The purpose of this bill is to enhance the economic
Hall principally because the fire alarms are not audible
vitality of the downtown section of the city of Buffalo by
throughout the entire building when they are activated; and
designating that area an economic development zone and by
Whereas: For example, during the false alarm on Friday, April
adding a "retail sales tax" provision to the zone; and
3, 1998, the fire alarm was audible only on the twenty-second
Whereas: Implementation of this legislation would assist in
and surrounding floors; and
halting the downward economic spiral of the downtown area by
Whereas: This created a dangerous situation because
creating benefits to relocating businesses and by creating the
employees on other floors only became aware that a problem
added incentive of a sales tax exemption to lure prospective
existed if and when they chanced to see people evacuating the
customers to the area;
building; and
Now Therefore Be It Resolved:
Whereas: In addition, although several people per floor are
That the City of Buffalo requests the enactment into law Senate
designated as fire marshals, they have never received any
Bill S.2530 and Assembly Bill A. 142, "An Act to amend the
training to assist them in properly fulfilling this responsibility;
general municipal law, in relation to providing for an expanded
and
downtown Buffalo economic development zone"; and
Whereas: The evacuation of persons with disabilities is also an
Be It Further Resolved:
item of major concern because the elevators automatically shut
That the City Clerk is hereby authorized and directed to certify
down when the fire alarms are activated;
passage of this resolution and to send copies thereof to the
Now, Therefore, Be It Resolved:
Home Rule Counsel of the Senate and the Assembly and to the
That the Department of Public Works, in conjunction with the
Western New York delegation of the State Legislature.
Buffalo Fire Department, alter the fire alarm system throughout
ADOPTED
City Hall so that, in the event of an alarm, the evacuation signal
AYES, BROWN, COPPOLA, FONTANA, FRANCZYK,
is clearly audible throughout the entire building; and
GRAY, HELFER, LOTEMPIO, PITTS, QUINTANA,
Be It Further Resolved:
WILLIAMS 10 NOES KAVANAUGH, ZUCHLEWSKI 2
WHEREAS: While the Feasibility Study did review six
NO.210 prospective sites, it did not recommend a prime site. However,
By: Mrs. LoTempio
the Study does provide clear and substantial reasoning for
locating the Center at the Mohawk Ramp site. This location
MR.MANLEYEXCUSEDFROMTHEAPRIL14,1998
has also been supported by the Common Council and various
COUNCILMEETING
commercial and downtown interests; and
Now, Therefore, Be It Resolved:
WHEREAS: The Mohawk Ramp site which the Study
That Councilmember Dennis T. Manley be excused from
describes as excellent" meets all of the location requirements.
attendance at the stated Common Council meeting of April 14,
It also can be a focal point for developing a new Downtown
1998.
redevelopment strategy; and
ADOPTED
WHEREAS: In order to get this moving to a new phase to
begin developing a consensus for this project, the Mohawk site
NO.211
should be certified. This would allow for planning and
By: Mrs. LoTempio & Mrs. Williams
financing to be put in place.
MORATORIUMONBANNERSONNIAGARASQUARE
NOW THEREFORE BE IT RESOLVED THAT: The Common
Whereas: Niagara Square was designed by Joseph Ellicott in
Council hold a Public Hearing on the siting of the proposed
1804 as a public square with a large, open intersection of eight
New Convention Center on April 28, 1998 at 7:00 p.m. in its
streets; and
Chambers.
Whereas: Niagara Square is the site, since 1908, of the
BE IT FURTHER RESOLVED THAT: The Council requests
William McKinley memorial obelisk; and
the Mayor, County Executive, Council President and the
Whereas: The recent improvements to Niagara Square have
Convention Center and Visitors Board to appoint a Site
created a more beautiful setting for the public to enjoy; and
Selection Committee.
Whereas: The street light banners have been installed in
ADOPTED
recognition of Greater Buffalo as an "All-America City and
Community"; and
NO.213
Whereas For-profit and not-for-profit organizations have
By: Mr. Pitts
requested to install banners or
WITHOLDAPPROVALOFCABLEFRANCHISETRANSFER
temporary signs 'in or over Niagara Square, without any
Whereas: Tele-Communications Inc. and Adelphia
assurance that the banners will be aesthetically compatible with
Communications Corp. have finalized plans for a joint venture
the Square's "new look"; and
to manage Buffalo's cable system, and submitted the required
Whereas: The special events ordinance, Chapter 414 of tile
FCC form 394 on February 23, 1998; and
Code of the City of Buffalo,
Whereas: The FCC process mandates a 120-day review
requires that sponsors who request banners be responsible for
process, which would give the City until June 23, 1998 to act
the installation and removal of their banners; and
on the request; and
Whereas The City often finds its departments assisting the
Whereas: However, in its letter accompanying the 394, TCI
sponsoring organization by
referred to the City making a determination "within the 60 day
installing these banners in or over Niagara Square and
time period Provided for under Section 8.2 of the Franchise
elsewhere in the City at the City's own expense; and
Agreement;" and
Whereas: Current legislation, Sections 387.5, 387.6, 387.15,
Whereas: It is the City's opinion that Section 8.2 requires
387.31, and 414.1 (f) of the Code of the City of Buffalo, gives
TC1 to give the City at least 60 days notice before the effective
this Honorable Body authority to approve the erection of
date of any transfer, but does not mandate that the City act
banners across City streets according to the regulations set
within that period; and
forth by the Department of Public Works and (for special
Whereas: The City anticipates that it will need the 120-day
events) the conditions set forth by the Special Events Advisory
period to properly review the proposed transfer, given the
Committee; and
complexity of many of the issues involved; and
Now Therefore Be it Resolved That:
Whereas: The Office of Telecommunications had sent a
Effective as of the date of enactment and until January 1, 2000,
letter to TCI on March 20, 1998 requested 12 points of
a moratorium be placed on the instillation of banners in or
clarification, and
extended over Niagara Square, for the sake of establishing
Whereas: Under the 60-day time frame, the City would be
better criteria for the erection of banners in or over Niagara
required to act by April 23, I 998, the date of the public hearing
Square.
on the transfer; and
REFERRED TO THE COMMITTEE ON LEGISLATION AND
Whereas: Although the City does not want to terminate the
THE COMMISSIONER OF PUBLIC WORKS
franchise transfer process, but it is the best interests of the
community to protect the City's ability to conduct a thorough
NO.212
and comprehensive review of the proposal; and
BY: Mr. Pitts
Whereas: To protect the City's ability to act in a prudent and
NEWBUFFALOCONVENTIONCENTER-HEARING
deliberative manner regarding
WHEREAS: The Buffalo Convention and Visitors Bureau
this very crucial matter, the proper course of action would be to
recently completed a Feasibility Study proposing the
deny the transfer request during the 60-day period, but to
development of a new Buffalo Convention Center. The study
continue its review process with an anticipated completion date
issued in December, 1997, provided an in-depth analysis of the
120 days from the date of the submission of the 394;
inadequacy of the existing center relative to the national
Now, therefore be it resolved:
convention market; and
That the City of Buffalo does hereby withhold its consent to the
WHEREAS: The C.H. Johnson Study proposes the
transfer of TCI of New York, Inc. to Parnassos, L.P. at this
development of a 125,000 sq. ft. Exhibition Hall which would
time; and
double the existing Center's capacity. This size would provide
Be it further resolved:
the capability to compete effectively and position the City to
That the City affirm its intention to continue to its review of the
capture the largest convention market; and
transfer proposal, and to issue a final decision within the 120-
WHEREAS: A new Buffalo Convention Center will stimulate
day period, which would conclude on June 23, 1998.
economic development and become a major revitalization of
PASSED AYES-
Downtown. The Center will serve as a major catalyst for
12 NOES- 0
Downtown retail and other commercial development. Two
areas of economic impact which are becoming less evident in
NO.214
the Central Business District; and
By: Mr. Pitts
WHEREAS: The new Buffalo Convention Center will provide
BCTVFUNDING
for new spending in the regional economy. It will not only boost
Whereas: Buffalo Community Television (BCTV) has been
tourism but will importantly become a destination for events
granted a month-to-month contract to operate the public
Downtown. The net economic impact of the Center is
access center through April 30, 1998 based upon the
projected at $25 million locally and $59 million statewide; and
recommendations of the Telecommunications Committee and
WHEREAS: The proposed Center will generate an estimated
Whereas: The City has contracted with James Amato & Co.
1,000 permanent jobs. This is in addition to construction
to place BCTV under the control of a receivership program to
employment. Expenditures for retail, hotel and related services
monitor its finances and help BCTV address its internal
will provide a tremendous boost to the City's core; and
problems; and
WHEREAS: The Study, since its release has provided initial
Whereas: That receivership program requires that BCTV
discussions on developing a new Convention Center.
work with Amato to improve its financial management, including
However, because a specific site has not been proposed by the
establishing proper internal controls and procedures and
Convention Center Visitors and Management Board, actions to
preparing an inventory; and
realize this important project have slowed; and
Whereas: BCTV has not fully cooperated with the of New York State General Municipal Law; and
receivership program, and has not implemented the internal WHEREAS, the New York State General Municipal Law;
reforms necessary to operate in a fiscally prudent and requires that the disposition of municipally owned land within
responsible manner independent of the receivership program; an Urban Renewal Project Area shall be approved only upon
and the completion of a public hearing, held on due notice.
Now, therefore be it resolved: NOW, THEREFORE, BE IT RESOLVED:
That no lease for BCTV be approved at this time; and 1. That the Clerk of the City of Buffalo is hereby directed to
Be it finally resolved: publish the notice attached hereto, identified as "Notice of
That no contract for BCTV beyond June 30, 1998 be Public Hearing" in the Buffalo News, no later then Friday, April
considered until such time that there is full and complete 17, 1998.
compliance with all of the provisions of the receivership 2. That this Common Council shall conduct a Public Hearing
program. on the matter set forth in the said "Notice of Public Hearing"; at
That the Common Council shall approve the expenditures for 2:00 o'clock p.m. in the Council Chambers on Tuesday, April
BCTV on a month by-month basis in accordance with the 28, 1998.
terms of the receivership agreement with Amato until the end of ADOPTED
June 1998. No additional expenditures will be approved until
BCTV has fully complied with the receivership agreement. NO.217
By Mr. Zuchlewski
PASSED AYES-
12 NOES- 0
FELICITATIONS/INMEMORIAM
Attached hereto are Felicitation and In Memoriam
NO.215
Resolutions sponsored by
By: Mr. Quintana and Ms. Kavanaugh
Members of the Common Council as indicated:
BICYCLEACCESSIBILITYONSTREETIMPROVEMENTFelicitation for Rev Maurice L. Bolden March 29, 1998 Annual
PROJECTS Heritage Dinner, By Councilmember Pitts
Whereas: Item 36, C.C.P. March 31, 1998, “Resurface City Felicitation for Rev. Herman Alston Jr. March 23-27, Christian
Pavements” was a request to approve a list of street overlay Education Week, By Councilmember Pitts
projects for the coming year; and In Memoriam for Robert James McLellan, Buffalo Police
Whereas: The Council approved this item immediately Officer, Sponsored by all Councilmembers
because it is important that these improvements take place;
and NO.218
By: Mr. Zuchlewski
Whereas: However, this Council has requested the Public
Works Department to consider bicycle accessibility on all street
APPOINTMENTS
resurfacing, reconstruction and restriping projects and would
COMMISSIONEROFDEEDS
like raise this issue with Public Works in time to have
REQUIRED-PERFORMANCEOFPUBLICDUTIES
meaningful input on the proposed projects; and
That the following persons are hereby appointed as
Whereas: An earlier Council resolution on bicycle
Commissioner of Deeds for the term ending December
accessibility (Item 213 C.C.P., July 23, 1996) recognized
31,1998 , conditional upon tile person so appointed certifying,
striped and signed 5 foot bicycle lanes as the optimal
under oath, to their qualifications and filing same with the City
configuration for the safety and comfort of cyclists and
Clerk
requested Public Works to install such lanes whenever
Girard Ursitti
possible or to inform the Council when such lanes are
Michael N. Martinez
infeasible; and
Marvin V. Sanford
Whereas: With the approval of the City Bicycle Master Plan
Michael A. Mordino
(Item 134, C.C.P. September 30, 1997), and in consideration
Daniel F. Rinaldo
of the upcoming Regional Bikeway Implementation Plan, it will
Phillip Torre
be important to look at all the alternatives for each stretch of
Mark J. Vaugln
road, including official 5 foot bike lanes, more narrow striped
Salvature Zagarrigo
lanes for mixed uses, the use of the "Denver arrow", off road
ADOPTED
trails and wide curb lanes;
Now, Therefore, Be It Resolved That:
UNFINISHEDBUSINESS
This Common Council requests the Department of Public
NO.219
Works to file a letter listing all the projected street overlay
AMENDBONDRES.$550,000SO.ELLICOTTUR
projects for this year along with the projected treatment for
(NO.170,CCP3/31/98)
bicycle access on each and the rationale for those projected
Mrs. LoTempio moved that the above item be taken from the
treatments; and
table.
Be It Further Resolved That:
Seconded by Mr. Quintana
This Council requests that, in the future, all communications
CARRIED.
from Public Works regarding street reconstruction, resurfacing
Mrs. LoTempio now moved the approval of the above item.
or restriping include a proposed bicycle access treatment and
Seconded by Mrs. Williams
the rationale for that treatment.
PASSED AYES-
REFERRED TO THE COMMITTEE ON COMMUNITY
12 NOES- 0
DEVELOPMENT AND THE COMMISSIONER OF PUBLIC
WORKS
NO.220
L.L.INTRO.#3(1"8)HIST.PROP.TAXEXEMPTION
NO.216
(NO.180,CCP3/31/98)
by: Barbara A. Miller-Williams
Mrs. LoTempio moved that the above item be taken from the
SETPUBLICHEARING table.
The City of Buffalo Home Ownership Zone Willert Park Village Seconded by Mr. Coppola
- Model Center Approval Of Land Distribution Agreement CARRIED.
Buffalo Neighborhood Revitalization Corporation Mrs. LoTempio now moved the approval of the above item.
Seconded by Mr. Franczyk
WHEREAS, Buffalo Neighborhood Revitalization Corporation PASSED AYES-
(hereinafter referred to as the "Redeveloper") has been duly 12 NOES- 0
designated as qualified and eligible Redeveloper in accordance
with the rules, regulations and/or procedures prescribed by the Announcement of Committee Meetings
City of Buffalo Department of Community Development The following meetings are scheduled. All meetings are held in
(hereinafter referred to a the "City"); and the Council Chambers, 13th floor,
WHEREAS, the City and the Redeveloper have negotiated a City Hall, Buffalo, New York, unless otherwise noted.
Land' Disposition Agreement for the disposition of certain real Regular Committees
property situate at the comer of Sycamore Street and Jefferson Civil Service Committee Tuesday, April 21, 1998 at
Avenue (formerly known as "School 41) in the proposed project 9:30 A.M.
area known as the City of Buffalo Home Ownership Zone Finance Committee Tuesday, April 21, 1998
Willert Park Village - Model Center within the Community Wide following Civil Service
Urban Renewal Demonstration Program Area; and Legislation Committee Tuesday, April 21, 1998 at
WHEREAS, said Land Disposition Agreement has been 2:00 P.M.
forwarded by the City to this Common Council for the Community Development Wednesday, April 22,
appropriate action, pursuant to Section 507, Subdivision 2 (d) 1998 at I 0:00 A.M.
Committee on Education Wednesday, May 6,1998
at 2:00 P.M. in Room 1417.
Ancillary Meetings
Special meeting on Budget, Thursday, April 16, 1998 at I 1:00
o'clock A.M. in Room 1417.
Special meeting of Telecommunications, Friday, April 17, 1998,
at 10:00 o'clock
A.M. at 355 Chicago Street.
Special meeting of the Super Span Task Force, Friday, April
17, 1998 at 2:00 o'clock P.M. in
Room 1417
Special meeting on Claims, Wednesday, May 13, 1998 at 2:00
o'clock P.M. in Council Chambers
Gretchen A. Pound
Council Reporter
Adjournment
On a motion by Mrs. LoTempio, Seconded by Ms. Kavanaugh
the Council adjourned at 4:55
CHARLES L. MICHAUX, III
CITY CLERK