HomeMy WebLinkAbout98-0428
No. #9
COMMON COUNCIL
PROCEEDINGS
OF THE
CITY OF BUFFALO
APRIL 28, 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
CITYHALL-BUFFALO
TUESDAY,(INSERTDATE)
COMMONCOUNCIL AT2:00P.M.
as 363 Dingens Street, Buffalo, New York, more particularly
PRESENT - James W. Pitts President of the Council, described as follows on the attached legal description.
and and Council Members Brown, Coppola, Fontana, Under the aforestated Special Development Plan , pursuant to
Franczyk, Gray, Helfer, Kavanaugh, LoTempio,Manley, the first two paragraphs of Subdivision (F) of section 511-126,
Pitts, Quintana, Williams and Zuchlewski - 13. Article XXV of the Buffalo Code this special development plan
shall be known as "Special Development Plan, Serial No. 31,"
ABSENT - None. the following conditions and limitations are placed upon the
above described premises:
On a motion by Mrs. LoTempio, seconded by 1. The following shall be permitted uses in Special
Mr.Fontana, the minutes of the stated meeting held on Development Plan 31
(INSERT DATE) were approved. a No use other than that of a self service storage operation
shall be permitted under Special Development Plan 31.
FROMTHEMAYOR b. No non accessory signs shall be permitted in Special
Development Plan 31.
c. Accessory signs are not permitted on the rear of the
NO.1
buildings or parcel facing the 1-190.
RE-APPOINTMENTANDAPPOINTMENTOFMEMBERS
2. Vehicular access to the site shall be permitted from S.
TOTHEEXAMININGBOARDOFELECTRICIANS
Ogden Street at a distance no greater than 80' from Dingens
Pursuant to the powers vested in me in Part 11, Chapter 165,
Street.
Article I, Section 3 of the Code of the City of Buffalo, I hereby
3. A rive foot wide strip of land contiguous to the western
re-appoint and appoint, subject to approval by Your Honorable
boundary of the subject property along Old South Ogden Street
Body, the following individuals to the Examining Board of
shall be developed by the applicant. This strip of land shall be
Electricians:
grassed and planted with five foot high Austrian Pines fifteen
RE-APPOINT:David J. Pierowicz, residing at 91 Radcliffe
feet on center and a 7 foot high stockade fence of commercial
Road, Buffalo, New York 14214 for a term commencing
grade be place between the buildings and the landscaped area.
immediately and will expire December 31, 2000.
4.Landscaping including hedging shall be placed along the
APPOINT:Michael P. Griffin, residing at 80 Payne Avenue,
front of the property along Dingens St.
Buffalo, New York 14220, for a term commencing immediately
5.All lighting shall be directed toward the interior of the
and will expire December 31, 2000. Mr. Griffin is a
property.
Journeyman Inside Wireman Electrician with Ferguson Electric
6. Hours of operation shall be 6:00 a.m. - 11:00 p.m.
Construction Co., Inc. for the past 14 years. He is currently a
7. That Special Development Plan 31 shall take effect on
foreman for Ferguson Electric. Mr. Griffin has worked on
April 21, 1998.
numerous large projects such as East Aurora Union Free
8. No modification of this Special Development Plan shall be
Schools Renovation, Uniland Development, Amherst Schools,
permitted except upon application, as for rezoning, under
Marine Midland Atrium, Blue Cross Building, etc. Michael
section 511-126 of Article XXV of the Buffalo Code with notice
Griffin is replacing Thomas Heidinger, whose term has expired.
and public hearing. 9. Any building or use permit issued for the
I hereby certify that the above named individual is fully qualified
property involved in Special Development Plan 31 shall
to serve as a member of the Examining Board of Electricians.
conform to the requirements of the plan as approved, in which
REFERRED TO THE COMMITTEE ON LEGISLATION,
case the permit shall contain all conditions and limitations
CORPORATION COUNSEL, DIVISION OF COLLECTIONS,
placed thereon by the Common Council. If a building permit is
AND COMPTROLLER.
not issued within six (6) months of the Common Council's
approval, said approval shall be void and the zoning
FROMTHEMAYOR-EXECUTIVEDEPARTMENT
classification shall be as it was when the petition for the plan
was filed. 10. As a condition to the issuance on any and all
FROMTHECITYPLANNINGBOARD
permits by the City of Buffalo, the petitioner shall be required to
comply with all pertinent ordinances, statutes, rules and
NO.2
regulations.
UNITEDREFININGCO.
RECEIVED AND FILED
2543DELAWAREAVE.
POLESIGN
NO.4
The City Planning Board at its regular meeting held Tuesday,
J.PRIVITERA
April 21, 1998 considered the matter captioned above pursuant
340ELMWOODAVE.
to 387-19 of the Buffalo Code, Application for ground, billboard
COMMUNITYRESIDENCE
or pole signs. The applicant seeks to erect an illuminated
The City Planning Board at its regular meeting held Tuesday,
131x7lx231 pole "ID" sign at 2543 Delaware Ave. The Common
April 21, 1998 considered the matter captioned above pursuant
Council voted to approve the requested sign at their meeting of
to Section 511-136 of the Buffalo Code, Use permit required
April 14, 1998 conditioned that the height of the sign not
for human service facilities.
exceed 201 and the base of the sign be landscaped. Under
The applicant seeks to convert an existing rooming house
SEQR the proposed sign is considered an unlisted action
into a community residence sponsored by the Veterans
which may be studied through uncoordinated review.
Coalition. Under SEQR the proposed community residence is
The Planning Board voted to receive and file the proposed
considered an unlisted action which may be studied through
sign because the Common Council has already approved the
uncoordinated review.
sign with conditions.
The City Planning Board voted that their findings conclude
RECEIVED AND FILED
there is a concentration of similar uses within a mile radius of
the proposed site.
NO.3
RECEIVED AND FILED
COUNCILMEMBERFONTANA
REZONE363DINGENSST.
NO.5
R2TOCMSPECIALDEVELOPMENTPLAN
D.LEONE
ITEMNO.81,C.C.P.10/28/97
976-980ELMWOODAVE.
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 21, 1998 considered the matter captioned above pursuant
126 of the Buffalo Code, Procedures for changes and
to 511-56 of the Buffalo Code, the Elmwood Business District.
amendments.
The applicant seeks to convert a store into a sit-in restaurant
The Common Council approved the rezoning of 363 Dingens
with a passthrough to the adjoining take-out restaurant. Under
St. from "R2" to "CM" at their meeting of January 6, 1998, Item
SEQR the proposed sit-in restaurant is considered an unlisted
No. 82 subject to conditions set by the City Planning Board.
action which may be studied through uncoordinated review.
The Planning Board set the following conditions based on the
The City Planning Board vote to approve the proposed sit-in
Council action and a separate Public Hearing held by the
restaurant.
Planning Board for City Wide Site Plan Review. The
RECEIVED AND FILED
conditions are as follows:
A. The rezoning is approved as;
NO.6
Special Development Plan , Serial No. 31, P. Gramaglia,
D.LEONE
Petition to Rezone 363 Dingens Street (Item No. 81, C.C.P. ,
982ELMWOODAVE.
October 28, 1997)
PETDAYCARE
That part of Article XXV of the Buffalo Code , as it relates to the
The City Planning Board at its regular meeting held Tuesday,
map thereof, is hereby amended to show a "CM" General
April 21, 1998 considered the matter captioned above pursuant
Commercial District instead of an "R2" for the property known
to 511-56 of the Buffalo Code, Elmwood Business District. $7,500 in the estimates for the fiscal year beginning July 1,
The applicant seeks to use 982 Elmwood Ave. as a pet day 1997 are necessary in Appropriation Allotments for the
care facility, with grooming and the sale of pet products. Under Department of Police - Clothing and Uniforms and Fleet
SEQR the proposed pet day care is considered an unlisted Maintenance, to meet a contingency which could not have been
action which may be studied through uncoordinated review. reasonably foreseen when the budget was adopted. The
The City Planning Board voted to approve the proposed pet amount of increased appropriation will be met from an increase
day care facility with the following conditions: of $50,000 in the General City Revenue account 100-200-402-
1.A one (1) year restricted use permit be issued, after which 62032 - Deposit of Unclaimed Property not otherwise
the applicant apply for permanent restricted use permit. appropriated for any other purpose. The detail of the
2. The hours of operation be 7:30 am - 6:30 pm, Monday - requirements are set forth below:
Friday, 9:00 am 5:00 pm, Saturday. To:
3. No pets would remain in the shop after normal operating 100 General Fund
hours. 20 - Department of Police
RECEIVED AND FILED 1- Police Administration
NO.7 021 - Administration and Communications
WESTERNAUTOSUPPLY 427 Clothing and Uniforms $35,000
2751BAILEYAVE.
REZONE“R2”TO"C2" 100 General Fund
The City Planning Board at its regular meeting held Tuesday, 20 - Department of Police
April 21, 1998 considered the matter captioned above pursuant 1 - Police Administration
to 511-126 of the Buffalo Code, Procedures for changes or 032 - Fleet Maintenance
amendments. 501 Automotive - Body Repairs $7,500
The applicant seeks to amend the rear portion of 2751 Bailey 503 - Automotive - Transmission Service $7,500
Ave. from R2 to C2 for the purpose of constructing a auto parts Dated: Buffalo, NY, April 17, 1998
store. Under SEQR the proposed rezoning is considered an RECEIVED AND FILED
unlisted action which may be studied through uncoordinated
review. NO.11
The City Planning Board voted to approve the rezoning. INTERFUNDCASHLOAN
REFERRED TO THE COMMITTEE ON LEGISLATION Over the last six years, the City has provided interfund loans
from the City General Fund to The City, Board and Enterprise
FROMTHEBOARDOFSTADIUMANDAUDITORIUM Capital Projects Funds to implement financing of the Capital
Improvements Budget. The interfund loans are repaid when
NO.8 the Bond Anticipation Notes or Bonds are issued to finance
LADIESLEAGUEBASEBALL these projects.
Attached for your approval is a lease agreement for Ladies As of today, we have three requests for money to finance
League Baseball to utilize North AmeriCare Park for projects and we will not reenter the bond market at this time.
professional baseball games. The term of the lease is May 1, We are requesting that you approve interfund cash loans
1998 to April 30, 2000. from the General Fund to the City's Capital Projects Fund in
It is anticipated that this will become an exciting new the amount of $100,000 for Improvements to Hennepin Center,
attraction for the downtown area. As we strive to bring new Department of Public Works, $110,000 for Land Acquisition
attractions to North AmeriCare Park, we hope we have your Jefferson Renaissance, Department of Community
support. Development and $150,000 for Site Improvements Jefferson
Mrs. LoTempio moved: Renaissance, Department of Community Development. The
That the above communication from the Board of North loan will be repaid when Bond Anticipation Notes or Bonds are
AmeriCare Park and Memorial Auditorium dated April 15, 1998, issued.
be received and filed; and From To Account Repayment Date Total
That the Director of North AmeriCare Park be, and he hereby is 100 200 203-402-003 BAN/Bond Sale $100,000
authorized to execute the lease agreement for Ladies League General Capital Projects
Baseball to utilize North AmeriCare Park for professional 100 200 203-717-002 BAN/Bond Sale $110,000
baseball games for the period of May 1, 1998 and to expire 100 200 203-717-002 BAN/Bond Sale $150,000
April 30, 2000. Mrs. Lotempio moved:
Passed That the above communication from the Comptroller dated
AYES-12, NOES-0 April 17, 1998, be received and filed; and
That the Comptroller be, and he hereby is authorized to make
FROMTHECOMPTROLLER interfund cash loans from the General Fund to the City's
Capital Projects Funds in the amount of $ 100, 000 for
NO.9 Improvements to Hennepin Center, Department of Public
CERTIFICATEOFNECESSITY Works, $110,000, for Land Acquisition Jefferson Renaissance,
INCREASEDAPPROPRIATION Department of Community Development and $150,000 for Site
DEPARTMENTOFCOMMUNITYDEVELOPMENT Improvements Jefferson Renaissance, Department of
DIVISIONOFPLANNING Community Development. The loans will be repaid when Bond
We, Anthony M. Masiello, Mayor and Joel A. Giambra, Anticipation Notes or Bonds are issued.
Comptroller, do hereby certify pursuant to Section 41 of the Passed
Charter, that an increase in the sum of $3,223 in the estimates AYES-12, NOES-0
for the fiscal year beginning July 1, 1997 are necessary in
Appropriation Allotments for the Division of Planning, to meet a NO.12
contingency which could not have been reasonably foreseen REPORTOFAUCTION
when the budget was adopted. The amount of increased 1733SENECA,35ESOUTHSIDE
appropriation will be met from an increase of $3,223 in the FORMERPRECINCT#9INCLUDESFIREHOUSE#25
General City Revenue account 100-711-402-90008 LOTSIZE:65'X130'
Miscellaneous not otherwise appropriated for any other ASSESSEDVALUATION:
purpose. The detail of the requirements are set forth below: LAND:$16,900TOTAL:$211,800
To: 1731SENECA,ECORNEROFSOUTHSIDEPKWY.
100 General Fund (FORMERPRECINCT#9PARKINGLOT)
711 - Division of Planning LOTSIZE:35'X130'
001 - Community Development Planning ASSESSEDVALUATION:
536 - Advertising $3,223 LAND:$9,100TOTAL:$14,300
Dated: Buffalo, NY, April 17, 1998 The Comptroller's Office, Division of Real Estate, and the
RECEIVED AND FILED Department of Community Development, Division of In-Rem,
held a Public Auction on Thursday, April 2, 1998.
NO.10 The above properties were offered for sale at said auction
CERTIFICATEOFNECESSITY after public notice and due advertisement.
INCREASEDAPPROPRIATION Terms and conditions of the auction were established in
DEPARTMENTOFPOLICE accordance with Article 27, Section 515 of the City Charter.
We, Anthony M. Masiello, Mayor and Joel A. Giambra, The property at 1733 Seneca Street consists of a one story,
Comptroller, do hereby certify pursuant to Section 41 of the brick building, with 4,000 sq. ft. that was once used by the
Charter, that increases in the sums of $35,000, $7,500 and Police Dept. and 10,246 sq. ft. which is still being utilized by
the Fire Department. The property at 1731 Seneca Street is lot located at 105 Glenwood (49'x 192' with a piece 38'x
the former parking lot for Precinct #9. 77'west) and small piece of 115 Glenwood located in the
At closing the purchaser will enter into a lease with the City of southwesterly corner of the parcel approximately 60'x 25' to the
Buffalo where in the City will lease the portion the Fire City of Buffalo. In exchange the City of Buffalo will transfer two
Department is currently utilizing for a term of five years with an City owned vacant lots located at 120 Glenwood (33'x 106') and
option for two additional five year terms. The annual rent will be 122-124 Glenwood (45'x 106') to the Buffalo Half-Way House.
$4.00 per sq. ft. with the lessee paying its proportional share of The Buffalo Half-Way House, Inc. will retain a 25'x 192' portion
taxes, water, and sewer charges and utilities. Cost of living of 105 Glenwood, which adjoins their property at 115
adjustments will begin at the end of the second year and will be Glenwood. They will also retain all of 115 Glenwood with the
adjusted annually there after throughout the initial term and exception of the southwesterly corner (approximately 60'x 25).
option periods. The lessor will be responsible for the exterior of Since, the Buffalo Half-Way House, Inc. is willing to
the structure and for the mechanicals. The lessee will be exchange a portion of 105 Glenwood and a small portion of 115
responsible for all routine maintenance, minor plumbing and Glenwood for 120 and 122-124 Glenwood the City of Buffalo,
heating repairs, underground tanks and the interior of the Department of Public Works shall assume all costs in this
space it occupies. property exchange.
The highest bid received was in the amount of One Hundred I am, therefore, requesting Your Honorable Body to approve
Five Thousand Dollars ($105,000) from Western New York the exchange of a portion of 105 Glenwood (49'x 192’ with a
Realty, Mr. Harold Schectman of 135 Delaware Avenue, P.O. piece 38'x 77') and a portion of 115 Glenwood (approximately
Box 1011, Buffalo, New York 14240. A deposit of Twenty-60'x 25') from the Buffalo HalfWay House for City owned
Three Thousand One Hundred Dollars ($23,100) has been properties located at 120 Glenwood (33'x 106) and 122-124
received. The balance shall be paid in full at closing. There is Glenwood (45'x 106'). I am also requesting that Your Honorable
no bond and mortgage involved. Body authorize the Corporation Counsel Office to prepare all
Mr. Schectman has been contacted and he has informed the necessary documents for said exchange and for the Mayor to
Comptroller's Office, Division of Real Estate, that he intends to execute same.
lease back to the City the Fire Department portion of the Mrs. LoTempio moved:
building and convert the former Precinct #9 into an office for a That the comptroller be and he hereby is authorized to
local Real Estate Broker. exchange a portion of 105 Glenwood (49' x 192' with a piece
A tax and title search or survey will not be provided to the 38' x 72') and a portion of 115 Glenwood (approximately 60' x
purchaser. The purchaser will pay for the transfer tax, 25') from the Buffalo Halfway House for City owned properties
recording fees and cost of the legal description. There was a located at 120 Glenwood (33' x 106') and 122-124 Glenwood
10% buyer's premium added to the high bid to cover the cost of (45' x 106'), and
the auctioneer's fees. That the Corporation Counsel be authorized to prepare all
The Division of Collections has indicated that there are no necessary documents for such exchange and that the Mayor
outstanding taxes, parking tickets, street fines and/or be authorized to execute the same.
demolition liens owing to the City of Buffalo by Westem New PASSED
York Realty, Mr. Harold Schectman. AYES- 12 NOES- 0
I am recommending that Your Honorable Body approve Mr.
Schectman's bid, in the amount of One Hundred Five NO.15
Thousand Dollars ($105,000), authorize the Common Council LEASEAGREEMENTBETWEENTHECITYOFBUFFALO
to prepare the necessary documents for the transfer of title and ANDFRIENDSTOTHEELDERLY,YOUTHANDFAMILY
that the Mayor be authorized to execute the same. CENTER,INC.FORUSEOF118EASTUTICA
REFERRED TO THE COMMITTEE ON FINANCE ITEMNO.216,C.C.P.7/22/97
The Comptroller's Office, Division of Real Estate has
NO.13 determined that there is no lease agreement between the City
SETTLEMENTOFDEMOLITIONCOST of Buffalo and the Friends to the Elderly, Youth and Family
69HARRIETT Center, Inc. for use of city-owned property located 118 East
The demolition of the structure at 69 Harriett Street was Utica Street (the former P.A. L. Center).
funded by Special Assessment Fund, as approved by the It appears that the Friends to the Elderly, Youth and Family
Common Council, at a cost of $ 4,150.00. Center, Inc. took occupancy of this building sometime in early
However, due to a typographical error on the bid sheet, which Spring of 1997. This office is requesting Your Honorable Body
is the basis on which the Division of Collections begins to approve the attached lease agreement between the City of
collection, the demolition cost was listed as $ 3,950.00. Only Buffalo and the Friends of the Elderly, Youth and Family
after promissory agreement was executed with the owner did Center, Inc. for use of 118 East Utica Street (the former P.A. L.
the Division of Collections learn that the actual cost of Center) in order to provide community services.
demolition was $4,150.00. 1 This lease should be for a 5 year period commencing April
The owner of the property has in good faith and under terms 1, 1998 and expire March 30, 2003. The lease shall have an
of agreement paid the $3,950.00, plus the 15%. administrative option to renew for an additional five (5) year period, upon
surcharge, for a total of $ 4,542.50. written notice to the other party of its intention to renew at least
It is requested that this Common Council approve as six (6) months prior to the expiration of the term.
payment in full the amount of $4,542.50, and authorize that the 2. The City of Buffalo shall pay for the cost of the electric,
balance due on demolition ($200.00) as well as any accrued gas and water for the duration of the renovation project. Upon
interest or penalties associated with the demolition now on the completion of the renovation the Friends to the Elderly and the
tax roll be canceled. City of Buffalo shall each pay a percentage of the electric, gas
Mrs. LoTempio moved: and water utilities on the leased premises at a ratio of 60% City
That the above communication from the Comptroller dated and 40% Friends to the Elderly for the remaining term of this
April 23, 1998, be received and filed; and lease and any lease renewal periods. It is understood that the
That the Comptroller be, and he hereby is authorized to utility bills will be mailed to the City of Buffalo, Dept. of Audit
approve as payment in full the amount of $4,542.50, and to and Control, Attn: Accounts Payable, Room 1214 City Hall,
cancel the balance due on demolition of 69 Harriet ($200.00) Buffalo, New York and paid by same. Upon completion of
as well as any accrued interest or penalties associated with the renovations, the City of Buffalo will in turn bill the Friends of the
demolition now on the tax roll. Elderly reimbursement of 40% of each utility bill thereafter on a
Passed. quarterly basis.
AYES-12, NOES-0 3. Friends to the Elderly shall provide all routine maintenance
custodial, landscaping, and snow removal services from the
NO.14 leased premises, front walks, adjacent side walks and parking
EXCHANGE120AND122-124GLENWOODFORAareas. The City of Buffalo, Department of Public Works shall
PORTIONOF105GLENWOOD be responsible for all costs related to structural repairs of the
ANDAPORTIONOF115GLENWOOD facility, as required during the lease period.
The City of Buffalo is desirous in acquiring a portion of 105 4. Friends of the Elderly may renovate or remodel the
Glenwood and a small portion of 115 premises, upon plans submitted to and approved by the City of
Glenwood for use in the expansion of the former Buffalo, Director of Buildings, at no cost or expense to the City.
P.A.L./Community Center building located at 118 E. Utica. 5. Friends of the Elderly shall allow the City of Buffalo,
(This building is now being leased to Friends of the Elderly, Director of Buildings or his delegate, reasonable access to the
Youth and Family Center.) leased premises for the purpose of making inspections of the
After discussions with Mr. Pierce, President of the Buffalo condition and upkeep of same.
Half-Way House, Inc. it has been decided that the Buffalo Half- 6. The annual rental fee shall be One Dollar ($1.00) per year.
Way House, Inc. is willing to exchange a portion of their vacant 7. Friends of the Elderly may not sublease, underlet or assign
over said premises or any part thereof for any purpose, for the Serial Bonds 563,711.25 Aug. 14, 1997 Mellon Bank
whole part of said term or any part thereof and to collect any Pittsburgh, PA
rents unless specifically authorized by the Common Council of Serial Bonds 656,978.75 Aug. 14, 1997 Marine Midland
the City of Buffalo. Bank NY, NY
8. Friends to the Elderly or its sublessee may install and Serial Bonds 1,780,000.00 Aug. 15, 1997 Marine Midland
operate any equipment, signs or machinery which is helpful to Bank NY, NY
the operation of the facility. Personal property, machinery, and Serial Bonds 633,061.26 Aug. 29, 1997 Marine Midland
equipment placed in the premises by Friends to the Elderly Bank NY, N Y
shall remain the property of Friends to the Elderly and may be Serial Bonds 178,225.00 Oct. 1, 1997 Chase Manhattan
removed at any time. Friends to the Elderly shall be liable for Bank NY, N Y
any and all damages caused by the removal of such personal Serial Bonds 444,503.13 Sept. 30,1997 Marine Midland
property, machinery and/or equipment. Any fixtures installed by Bank NY, N Y
Friends to the Elderly shall become part of the real estate and Serial Bonds 668,321.25 Sept. 30, 1997 State Street Bank &
therefore remain City property upon termination of the lease. Trust Boston, Massachusetts
Any equipment and/or appliances supplied by the City of Serial Bonds 382,026.25 Sept30,1997 Chase Manhattan
Buffalo shall remain property of the City of Buffalo. Bank NY, N Y
9. The Friends of the Elderly shall provide insurance saving Serial Bonds 1,680,000.00 Oct. 1, 1997 Marine Midland
the City harmless from any liability, as indicated in the attached Bank NY, N Y
lease. However, if the Law Department determines that said Serial Bonds 178,650.00 Nov. 1, 1997 Chase Manhattan
limits do not meet with requirements set forth per Item #197, Bank NY, N Y
C.C.P. 3/31/87 - Insurance Requirements for lease of city-Serial Bonds 40,940.00 Nov.28,1997 M & T Trust Company
owned properties, then said insurance shall be amended to Bflo, N Y
conform to said requirements. Serial Bonds 688,685.00 Nov.28,1997Marine Midland Bank
10. The lease shall have a 30 day cancellation clause by New York, New York
either party. Serial Bonds 439,680.00 Nov 28, 1997 Mellon Bank
I am recommending that Your Honorable Body authorize the Pittsburgh, Pa.
Corporation Counsel to review the attached lease, make any Serial Bonds 140,000.00 Dec.1, 1997M & T Trust Co
changes deemed necessary to protect the interest of the City of Bflo, New York
Buffalo, and approve same as to form. I am also requesting Serial Bonds 17,875.00 Dec. 1, 1997 Chase Manhattan
that Your Honorable Body authorize the Mayor to execute the Bank
same. Serial Bonds 1,885,000.00 Dec. 1, 1997 Mellon Bank
REFERRED TO THE COMMITTEE ON FINANCE AND Pittsburg, Pa.
CORPORATION COUNSEL. Serial Bonds 1,075,000.00 Dec. 1, 1997 Marine Midland
N Y, N Y
NO.16 $14,937,373.77
CERTIFICATEOFAPPOINTMENT 5. The aggregate amount to be deposited by the Director of
Appointment Effective April 20, 1998, in the Department of the Treasury with the Fleet Bank, Buffalo, New York,
Audit and Control, Division of Accounting, to the Position of commencing on July 1, 1997 is $14,937,373.77.
Senior Accountant, Provisional, at the: Intermediate Starting 6. The Second Collection Period portion of the Capital Debt
Salary of: $35,128 William R. Heinold 285 McKinley Parkway Service Requirement is due and payable during the period
Buffalo NY 14220 commencing January 1, 1998, and ending June 30, 1998, on
REFERRED TO THE COMMITTEE ON CIVIL SERVICE the obligations, in the amounts, on the dates, and at the place
or places as set forth below:
NO.17 Obligation Amount Due Date Due Place Due
CAPITALDEBTSERVICEFUNDDEPOSITS-1997/1998Serial Bonds $2,419,715.63 Jan.30,1998 M & T Trust
FISCALYEAR Co. Buffalo, New York
Certificate Number 2-97-98 of the Comptroller of the City of Serial Bonds 371,976.25 Jan.30,1998 Mellon Bank
Buffalo, New York, relative to the Capital Debt Service of Fund Pittsburgh, Pennsylvania
of said city, stating the amounts to be deposited therein and Serial Bonds 444,697.50 Jan.30,1998 Marine Midland
paid therefrom for the period New York, New York
Commencing July 1, 1997 and ending June 30, 1998 Serial Bonds 9,232,000.00 Feb. 1, 1998 M & T Trust
1. Joel A. Giambra, Comptroller of the City of Buffalo, New Company Buffalo, New York
York, in accordance with the provisions of Section 202 of the Serial Bonds 7,525.00 Feb. 1, 1998 Chase Manhattan
resolution entitled: Bank, NA New York,NY
"Enabling Resolution of -the City of Buffalo, New York, Serial Bonds 1,370,000.00 Feb. 1, 1998 Mellon Bank
Establishing a Capital Debt Service Fund, Determining the Pittsburgh, Pennsylvania
Terms and Conditions of Such Fund and Other Matters in Serial Bond 90,000.00 Feb. 1, 1998 Marine Midland
Connection Therewith, and Providing for the Rights of Holders ` New York, New York
of Capital Debt Obligations of the City." duly adopted by the Serial Bonds 563,711.25 Feb.13,1998 Mellon Bank
Common Council on March 8, 1977, and pursuant to the duties Pittsburgh, Pennsylvania
of the chief fiscal officer set forth therein, Do Hereby Certify as Serial Bonds 608,473.75 Feb.13,1998 Marine Midland
follows: Bank New York, New York
1. The Capital Debt Service Fund Requirements for the fiscal Serial Bonds 1,815,000.00 Feb.15,1998 Mellon Bank
year commencing July 1, 1997 and ending June 30, 1998 is Pittsburgh, Pennsylvania
$41,107,943.78. Serial Bonds 301,142.50 Feb.27,1998 Marine Midland
2. The portion of said Capital Debt Service Requirement Bank New York, New York
allocated to the First Collection Period (July 1, 1997 through Serial Bonds 1,810,000.00 Mar. 1, 1998 “ :
and including November 30, 1997), is $14,937,373.77. New York, New York
3. The portion of said Capital Debt Service Requirement Serial Bonds 215,776.25 Mar. 31, 1998 State Street Bank
allocated to the Second Collection Period (December 1, 1997 &Trust Boston, Massachusetts
through and including June 30, 1998), is $27,170,570.01. Serial Bonds 668,321.25 Mar. 31, 1998 State Street Bank &
4. The First Collection Period portion of the Capital Debt Trust Boston, Massachusetts
Service Requirement is due and payable during the period Obligation Amount Due Date Due Place Due
commencing July 1, 1997 and ending December 31, 1997 on Serial Bonds 403,763.13 Mar. 31, 1998 Marine Midland
the obligations, in the amounts, on the dates, and at the place Bank New York, New York
or places as set forth below: Serial Bonds 960,000.00 Apr. 1, 1998 Chase Manhattan
Obligation Amount Due Date Due Place Due New York, New York
Serial Bonds $2,419,715.63 Jul. 31, 1997 M&T Trust Co. Serial Bonds 2,685,000.00 Apr. 1, 1998 State Street Bank
Buffalo,New York & Trust Boston, Massachusetts
Serial Bonds 371,976.25 Jul. 31, 1997 Mellon Bank Serial Bonds 501,475.00 Apr. 1, 1998 Chase Manhattan
Pittsburgh, PA Bank, NA New York, New York
Serial Bonds 444,697.50 Jul. 31, 1997 Marine Midland Serial Bonds 40,005.00 Apr.30,1998 Chase Manhattan
Bank Bank, NA New York, New York
New York, New York Serial Bonds 85,000.00 May 1, 1998 Chase Manhattan
Serial Bonds 248,327.50 Aug. 1, 1997 Chase Manhattan Bank NA New York, New York
Bank, NA Serial Bonds 36,390.00 May 29, 1998 M & T Trust Company
New York, New York Buffalo, New York
Serial Bonds 794,800.00 May 29, 1998 Marine Midland Inventory & Stores
Bank New York, New York 3:00 P.M. - Community Development Chair: ZUCHLEWSKI
Serial Bonds 402,922.50 May 29, 1998 Chase Manhattan Development
New York, New York Planning
Serial Bonds 342,875.00 Jun. 1, 1997 Chase Manhattan Housing Inspections (Prev. NHI)
Bank, NA NY, NY Neighborhoods (Employment/Training)
$26,170,570.01 Licenses & Permits
7. The aggregate amount to be deposited by the Director of WEDNESDAY, MAY 6th
the Treasury with the M & T Bank, Buffalo, New York, 9:00 A.M. - Police Chair: COPPOLA
commencing on December 1, 1997 is $26,170,570.01. Administration
8. Pursuant to Section 202 (b) of said Enabling Resolution, Adm. & Communication
the Director of the Treasury shall deposit the amounts shown in Special Services/Investigation
Section 5 and 7 hereof in the Capital Debt Service Fund held Detective Bureau
by the Trustee, M & T Bank, Buffalo, New York, immediately Patrol Services
upon receipt of any payment of or on account of any City ad Traffic Services
valorem property taxes, until the amount deposited during each Facilities & Fleet Maintenance
Collection Period is equal to the amount shown in Section 5 Building Maintenance
and 7, respectively. 1:30 P.M. - Fire Chair: FONTANA
9. I have this day delivered a copy of Certificate Number 2- Fire Fighting Service
97/98 to the Director of Treasury and to the M & T Bank, Fire Prevention
Buffalo, New York. Support Services
IN WITNESS WHEREOF, I have hereunto set my hand this Administrative
24th Day of April, 1998 Training
REFERRED TO THE COMMITTEE ON FINANCE Alarm System
Station Maintenance
Automotive Equipment
FROMTHEPRESIDENTOFTHECOUNCIL 3:00 P.M. - Comptroller Chair: HELFER Audit
NO.18 Accounting
APPOINTTAYLORLAWIMPASSECOMMITTEE Collections
I am appointing Council Members Rose LoTempio, Alfred Data Processing
Coppola, Beverly Gray and Kevin Helfer to the Taylor Law Real Estate
Impasse Committee. I will serve as Chairman. 7:00 P.M. - Board of Education Chair: KAVANAUGH
The Committee will meet April 30, 199 8 at 8:30 a.m. in THURSDAY, MAY 7th
Room 1417. 9:00 A.M. - Public Works Chair: BROWN
RECEIVED AND FILED Engineering
Buildings
NO.19 Water
APPOINTMENTTOERIECOUNTY Enterprise Fund - Water
COURTHOUSEDESIGNREVIEWCOMMITTEE 1:30 P.M. Streets & Sanitation Chair: MANLEY
I am appointing Professor Dennis Andrejko of the Refuse
S.U.N.Y.A.B. School of Architecture and Design to the Erie Vermin/Animal Control
County Courthouse Design Review Committee. Cleaning/Snow Removal
As you know, the Erie County Public Works Commissioner, Recycling
John Loffredo has requested that there be two City Building/Fleet Maintenance
representatives on the Committee to oversee the pending FRIDAY, MAY 8th 9:00 A.M. - Human Services, Pk &
Courthouse design. Earlier this year I appointed Recreation Chair: QUINTANA Senior Services
Councilmember Barbara Miller Williams to the committee and Substance Abuse
the committee will have its first meeting within the next thirty Parks
days. Youth
Professor Andrejko is a member of the American Institute of Recreation
Architecture and has vast experience in the field. His specialty 3:00 P.M. - B.M.H.A. Chair: GRAY
has been with energy efficiency and solar technology. MONDAY, MAY 11th
Professor Andrejko is exceptionally qualified to serve upon the 9:00 A.M. - Board of Elections Chair: LoTEMPIO Kleinhans
committee. 9:30 A.M. - Civic Bodies Chair: LoTEMPIO 1:30 P.M. - Civic
His resume is available in the City Clerk's Office. Bodies
RECEIVED AND FILED RECEIVED AND FILED
NO.20 NO.21
COUNCIL1998BUDGETSCHEDULE INTERNATIONALWATERFRONTGATEWAY
The following is the Common Council's Budget Hearing STRATEGYFORBUFFALOANDFORTERIE
schedule beginning May 4, 1998. I have filed a copy of the proposed International Waterfront
SCHEDULE OF 1998 BUDGET HEARINGS Gateway Strategy for Buffalo and Fort Erie for the purposes of
MONDAY, MAY 4th discussion and input by the Common Council.
9:00 A.M. - Common Council Chair: WILLIAMS As you are aware, our Super Span/Signature Bridge Task
President of the Council Force has been meeting to assist in developing a consensus
City Clerk on the proposed Peace Bridge Authority plan for a new Twin
Vital Statistics Bridge. Earlier this week, April 20 and 21, 1998, the Task
9:30 A.M. - Mayor Executive Force participated in the Buffalo-Niagara Partnership's
Zoning Board workshops to develop a design of the Plaza at Front Park.
Advisory Office Also, the Task Force will be participating in the two remaining
Parking Enterprise Fund workshops to be held April 28 and 29, 1998 which will be
Employment & Training (See Com. Dev.) facilitated by David Crombie, a renowned planner and expert in
Compliance city building who has the skills to create consensus on complex
North Americare Park issues.
10:30 A.M. - Corporation Counsel 11:00 A.M. - Assessment The International Gateway Agreement being filed is a
MONDAY, MAY 4th separate agreement from the Partnership, but utilizes Mr.
1:30 P.M. - Administration & Finance Chair: FRANCZYK Crombie as well. What I propose is to refer this report to the
Budget Council Task Force to merge the two processes. This will
Civil Service Commission allow for any prospective independent reviews beyond the
F.C.A. Partnership's conclusions, as well as formulate a consensus
Labor Relations "City position".
Parking Enforcement REFERRED TO THE TASK FORCE ON SUPERSPAN.
Administrative Adjudication
Towing FROMTHECOMMISSIONEROFASSESSMENT
Treasury NO.22
2:30 P.M. - General Services Chair: FRANCZYK FLEISCHAUER-REQUEST
Purchase REDUCEPROPERTYASSMT
70REGENT under the provisions of the Worker's Compensation Law.
ITEM#99,C.C.P.04/14/98 Therefore, Mr. Boone is entitled to a difference in pay. The
This office was requested to attend the Finance Committee normal salary for 31 days from 2/2/98 - 3/17/98 is $3,443.01
meeting on April 21, 1998 relative to this issue and this is a (based on the daily rate of $111.065). Less deductions for
written report of what information was provided at that time. Federal Tax - $356.81; State Tax - $115.32; FICA/Med. -
The owner of 70 Regent, through a representative, filed a $263.19 and New York State Retirement - $103.23 for a total
challenge in December 1997 to the assessed value of the deductions of $838.55. The payment from the Compensation
property and had a hearing before the Board of Assessment Carrier was $2,480.00 making the difference for this period
Review. The Board reduced the assessment from $99,300 to $124.46.
$79,000 for the upcoming tax bill to be generated for July 1998. Mr. Boone is also entitled to a difference in pay for the period
This assessment challenge process is provided for in the Real 3/17/98 to 4/20/98. The normal salary for 24 days from
Property Tax Law (RPTL) and that same law specifies what 3/17/98 - 4/20/98 is $2,665.56 (based on the daily rate of
method must be utilized to appeal decisions of the Board of $111.065). Less deductions for Federal Tax - $276.24; State
Assessment Review. In the case of an owner occupied Tax - $89.28; FICA/Med. $203.76 and New York State
residential property the appeal must be filed in Small Claims Retirement - $79.92 for a total deductions of $649.20. The
Court within a set number of days from the final roll date. In payment from the Compensation Carrier totals $1,312.22 for
the case of 70 Regent, the owner did not file the required small this period making the difference due the employee $704.14.
claim form to appeal the Board decision. Therefore by Mr. Boone will continue to be entitle to a difference for a six
application of the RPTL, the assessed value as established by month period from the date of his accident on 2/2/98 to 8/2/98.
the Board of Assessment Review will be the basis for the 1998- Payments will continue from 4/21/98 to 8/2/98 based on the
99 tax bill. As stated at the Committee meeting, the only normal salary for 10 days - $1110.65. Less deductions from
recommendation this office can make relative to this matter is Federal Tax $115.14; State Tax - $37.20; FICA/Med. - $84.96
to receive and file the communication. and New York State Retirement - $33.32 for a total deductions
I trust this information combined with the committee of $270.62. The payment from the Compensation carrier will be
appearance has provided the Council with sufficient information $546.76 biweekly making the difference due the employee
to act on this matter. $293.27.
RECEIVED AND FILED Mrs. LoTempio moved:
That the above communication from the Commissioner of
FROMTHECOMMISSIONEROFPUBLICWORKS Public Works dated April 21, 1998, be received and filed; and
That the Comptroller be, and he hereby is authorized to pay
NO23 Robert Boone, a Caulker, in the Division of Water for difference
NOTIFICATIONSERIAL#9000 in pay allowance under the provisions of the Workers'
INSTALLSTOPSIGNS(ALL-WAY) Compensation Law for the period 2/2/98-3/17/98 in the amount
INBRADLEYSTREETATREESSTREET of $124.46; for the period from 3/17/98-4/20/98 in the amount
In conformity with Section 49 of Chapter 479 of the of $704.14 and the period 2/2/98-8/2/98 in the amount of
Ordinances of the City of Buffalo, the City Engineer hereby $293.27.
notifies Your Honorable Body of this action supplementing, PASSED
amending, or repealing existing provisions of Chapter 479 of AYES-12 NOES-0
the Ordinances, as stated below, to be effective forty five days
after the first Council meeting at which they appear on the NO.26
agenda as an item business. 0&MCOSTSATMEMORIALAUDITORIUM
That that part of Subdivision 9 Section 11 of Chapter 479 of 11/1/96TO10/31/97
Ordinances of the City of Buffalo be supplemented by adding ITEMNO.208,C.C.P.2/3/98
thereto the following: STOP SIGNS The Common Council has requested 0 & M costs at
VEHICLES ON SHALL STOP BEFORE ENTERING Memorial Auditorium for the period November 1, 1996 to
Bradley Street Rees Street October 31, 1997.
This action is being taken in order to update our records to Expenditures were:
reflect current conditions on Bradley Street at Rees Street. LABOR:
NOTIFICATIONSERIAL#9001 Cost of 1 Laborer II (Security) plus 7 Senior First Class
INSTALLSTOPSIGNS(ALL-WAY)INLUDINGTONStationary Engineers including fringe benefits:
STREETATLONGNECKERSTREET TOTAL: S 79,819.00
In conformity with Section 49 of Chapter 479 of the MAINTENANCE:
Ordinances of the City of Buffalo, the City Engineer hereby Replace boiler feed pump $917.00
notifies Your Honorable Body of this action supplementing, Repair 6" boiler flange 300.00
amending, or repealing existing provisions of Chapter 479 of Emergency Enclosures 5,000.00
the Ordinances. as stated below, to be effective forty five days Install alarm system 960.00
after the first Council meeting at which they appear on the Evacuate ammonia 3,475.00
agenda as an item business. Exterminating 870.00
That that part of Subdivision 9 Section 11 of Chapter 479 of TOTAL: $11,522.00
Ordinances of the City of Buffalo be supplemented by adding UTILITIES:
thereto the following: STOP SIGNS Electric $98,567.00
VEHICLES ON SHALL STOP BEFORE ENTERING Gas 103,193.00
Ludington Street Longnecker Street Telephone 2,800.00
RECEIVED AND FILED TOTAL: S204,560.00
GRAND TOTAL OF 0& M EXPENDITURE: $295,901.00
NO.24 REFERRED TO THE COMMITTEE ON BUDGET
NEIGHBORHOODSIGNS-LOVEJOYDISTRICT
WILLIAMANDNORTHOGDENSTREETS NO.27
ITEMNO.183;C.C.P.03/17/98 REPORTOFBIDS
This is in response to Item No. 183 of March 17, 1998 COLDMILLINGOFCITYPAVEMENTS-1998
regarding the installation of a neighborhood sign on the island GROUP#466
at William and North Ogden Streets. Please be advised that ITEM#151,C.C.P.9/2/97
the Department of Public Works - Traffic Engineering Section ITEM#126,C.C.P.3/3/98
has investigated the site. This is to advise your Honorable Body that I have advertised
This department has no objection to the placement of a sign and received bids on April 15, 1998 for Cold Milling of City
at this location. However, we request approval of size, location Pavements.
and materials as it will be in City right-of-way. In obtaining bids for the above project, I have asked for bids
RECEIVED AND FILED on a unit price covering the various items of work and material
which will be performed. The final cost of the work will be
NO.25 based on the actual measured quantities of materials entering
APPROVALTOSUBMITASUPPLEMENTALFORinto the work and may be either more or less than the total bid.
PAYMENTOFASUMEQUALTOTHEDIFFERENCE The following bids were received:
BETWEENWAGESANDCOMPENSATIONBENEFITS Unit Price
Mr. Robert Boone, Caulker (Permanent) in the Division of Base Bid Increase
Water has been on disability from 2/2/98 to the present. Municipal Milling & Mix-In-Place, Inc. $149,200 $164,120
Pursuant to the City Ordinance, Chapter 35, Article VI, Section Highway Rehabilitation Corp. $176,000 $190,920
22, each employee is entitled to a difference in pay allowance *Adjusted Amount
I hereby certify that the lowest responsible bidder for the in the amount of One Hundred Twenty Four Thousand Two
above project is Municipal Milling. Hundred Fifty Eight and 00/1 00 Dollars ($124,258.00) is the
I respectfully recommend that your Honorable Body order lowest responsible bidder in accordance with the plans and
the work, the cost thereof to be charged to the Capital Projects specifications.
Fund #202-401-003-00-000 in an amount of $149,200 plus I recommend that Your Honorable Body authorize the
approved unit prices not to exceed $14,920 as per Item # 126, Commissioner of Public Works to order the work on the basis
C.C.P. 3/3/98 for a total encumbrance of $164,120 . The of the low bid. Funds for this work are available in CPF 200-
engineer's estimate for this work is $150,000 and work 402-063 - Division of Buildings.
locations are those streets previously submitted as part of the Total estimate for this work was $130,000.00.
bid report for Resurfacing of City Pavements which was Mrs. LoTempio moved:
approved, Item #36, C.C.P. 3/31/98. That the above communication from the Commissioner of
The attached is certified to be a true and correct statement Public Works dated April 15, 1998, be received and filed; and
of the two (2) lowest bids received. Under provisions of the That the Commissioner of Public Works be, and he hereby
General Municipal Law, any of the bidders may withdraw his is authorized to award a contract for Reconstruction of Pools -
bid if an award of the contract is not made by June 1, 1998. Various Locations - 1998, General Construction, to Patterson
Individual bid submissions are available in our office for Stevens, Inc., the lowest responsible bidder, in the amount of
inspection and copies are available upon request. $124,258.00, with said cost to be charged to CPF 200-402-063
Mrs. LoTempio moved: - Division of Buildings.
That the above communication from the Commissioner of PASSED
Public Works dated April 20, 1998, be received and filed; and AYES-12 NOES-0
That the Commissioner of Public Works be, and he hereby
is authorized to award a contract for Cold Milling of City NO.30
Pavements - 1998, Group #466, to Municipal Milling & Mix-In-REPORTOFBIDS
Place, Inc., the lowest responsible bidder, in an amount of ROOFREPLACEMENT
$149,200 plus approved unit pries not to exceed $14,920 as NORTHBUFFALOCOMMUNITYCENTER
per Item No. 126, C.C.P., 3/3/98 for a total encumbrance of CARMICHAELCOMMUNITYCENTER
$164,120. Funds for this project are available in the Capital HENNEPINCOMMUNITYCENTER
Projects Fund #202-401-003-00-000. I advertised for on March 27, 1998 and received the
PASSED following sealed proposals for the Roof Replacement, North
AYES-12 NOES-0 Buffalo Community Center, Carmichael Community Center,
Hennepin Community Center, which were publicly opened and
NO.28 read on April 21, 1998.
REPORTOFBIDS
RECONSTRUCTIONOFBROADWAYMARKET Base Bid Alt. #1
PHASE2RENOVATIONS Weaver Metal and Roofing, Inc. $390,000 $3,000
I advertised for on April 7, 1998 and received the following Jos. A. Sanders & Sons $447,099 $2,639
sealed proposals for the Reconstruction of Broadway Market, All Weather Contractors $482,356 $2,500
Phase 2 Renovations, which were publicly opened and read on McGonigle & Hilger $497,362 $2,900
April 21, 1998. Jameson Roofing, Inc. $506,924 $1,200
HVAC Work Progressive Roofing $536,945 $2,900
Buffalo Sheet Metals, Inc. $ 14,450.00 Alternate #1 is for masonry repainting work at chimney stack
Plumbing Work at the North Buffalo Community Center.
Elmwood Plumbing, Inc. $ 52,000.00 I hereby certify that the foregoing is a true and correct
Electrical Work statement of all bids received and that the Weaver Metal and
Grand Island Electric $103,829.00 Roofing, Inc., with a base bid of $390,000.00, plus Alternate #1
CIR Electrical Construction $113,700.00 of $3,000, for a total of Three Hundred Ninety Three Thousand
Tunney Electric Inc. $121,455.00 and 00/1 00 Dollars ($393,000.00) is the lowest responsible
I hereby certify that the foregoing is a true and correct bidder in accordance with the plans and specifications.
statement of all bids received and that the following firms are I recommend that Your Honorable Body authorize the
the lowest responsible bidder in accordance with the plans and Commissioner of Public Works to order the work on the basis
specifications: of the low bid. Funds for this work will be available in CPF 203-
HVAC Work: Buffalo Sheet Metals $14,450.00 402-501 - Division of Buildings.
Plumbing Work: Elmwood Plumbing, Inc. $52,000.00 Total estimate for this work was $443,935.00.
Electrical Work: Grand Island Electric $103,829.00 Mrs. LoTempio moved:
I recommend that Your Honorable Body authorize the That the above communication from the Commissioner of
Commissioner Of Public Works to order the work on the basis Public Works dated April 21, 1998, be received and filed; and
of the low bid. Funds for this work are available in CPF 202- That the Commissioner of Public Works be, and he hereby
402-002 - Division of Buildings. is authorized to award a contract for Roof Replacement, North
Total estimate for this work was $180,000,00. Buffalo Community Center, Carmichael Community Center and
Mrs. LoTempio moved: Hennepin Community Center, to Weaver Metal and Roofing,
That the above communication from the Commissioner of Inc., the lowest responsible bidder, in the amount of
Public Works dated April 21, 1998, be received and filed; and $390,000.00, plus Alternate #1 of $3,000, for a total of
That the Commissioner of Public Works be, and he hereby $393,000.00 Funds for this project will be available in CPF
is authorized to award a contract for Reconstruction of 203-402-501 Division of Buildings.
Broadway Market, Phase 2 Renovations, to the: lowest PASSED
responsible bidders, for HVAC Work to Buffalo Sheet Metals, AYES-12 NOES-0
in the amount of $14,450.00; for Plumbing Work to Elmwood
Plumbing, Inc., in the amount of $52,000.00; for Electrical NO.31
Work to Grand Island Electric, in the amount of $103,829.00, REPORTOFBIDS
with said cost to be charged to CPF 202402-002 - Division of ZOOLOGICALGARDENS
Buildings. BOOTHCOMMUNICATIONSAND
PASSED ZOOTIQUELIGHTING
AYES-12 NOES-0 I asked for and received the following sealed informal
proposals for the Zoological Gardens, Booth Communications
NO.29 and Zootique Lighting, which were publicly opened and read on
REPORTOFBIDS April 14, 1998.
RECONSTRUCTIONOFPOOLS
VARIOUSLOCATIONS-1998 Weydman Electric $8,494.00
GENERALCONSTRUCTION Ferguson Electric No Bid
I advertised for on March 24, 1998 and received the Goodwin Electric No Bid
following sealed proposals for the Reconstruction of Pools, Grand Island Electric No Bid
Various Locations - 1998, General Construction, which were Metro Electrical No Bid
publicly opened and read on April 7, 1998. Warrens Electric No Bid
Patterson Stevens Inc. $124,258.00 I hereby certify that the foregoing is a true and correct
Progressive Weatherproofing No Bid statement of all bids received and that Weydman Electric, in
I hereby certify that the foregoing is a true and correct the amount of Eight Thousand Four Hundred Ninety Four and
statement of all bids received and that Patterson Stevens Inc., 00/100 Dollars ($8,494.00) is the lowest responsible bidder in
accordance with the plans and specifications. That the Commissioner of Public Works be, and he hereby
I recommend that Your Honorable Body authorize the is authorized to issue change order No. 1, to Joseph Davis
Commissioner of Public Works to order the work on the basis Mechanical Services, a decrease in the amount of $4,607.3 8,
of the low bid. Funds for this work are available in CPF 200-as more fully described in the above communication, for work
402-028 - Division of Buildings. relating to the Riverside Park Ice Rink, Reconstruction, C
Total estimate for this work was $1 0,000.00. #91912500. Funds for this project are to be credited to CPF
Mrs. LoTempio moved: 201-402-002 Division of Buildings.
That the above communication from the Commissioner of PASSED
Public Works dated April 15, 1998, be received and filed; and AYES-12 NOES-0
That the Commissioner of Public Works be, and he hereby
is authorized to award a contract for the Zoological Gardens, NO.34
Booth Communications and Zootique Lighting, to Weydman CONTRACTEXTENSION-SOLIDWASTEDISPOSAL
Electric, the lowest responsible bidder, in the amount of ITEMNO.190,C.C.P.4/14/98
$8,494.00. Funds for this project will be available in CPF 200- As authorized by your Honorable Body in Item #190, C.C.P.
402-028- Division of Buildings. of 4/14/98, I have negotiated the attached contract amendment
PASSED between the City of Buffalo and Modern Landfill, Inc. for the
AYES-12 NOES-0 disposal of solid waste from the City of Buffalo.
The highlights of the contract include the exercising of our
NO.32 option to renew the contract for an additional 5 years, the
BAILEYAVENUE reduction of the contract price for the next two years of $1.00
BRIDGEJOINTS per ton, and Modern's agreement to supply the City with
PERMISSIONTORECEIVEBIDS twenty-five (25) 40 yard roll off containers for use in our pilot
I hereby request permission from Your Honorable Body to demolition program.
allow the Commissioner of Public Works to advertise and I respectfully request your Honorable Body's authorization to
receive formal bids for the repair of bridge joints on the Bailey enter into this agreement with Modern Landfill, Inc.
Avenue Bridge over Cazenovia Creek and the Bailey Avenue Mrs. LoTempio moved:
Bridge over the Buffalo River. That the above communication from the Commissioner of
The Engineer's estimate for this repair work is $120,000.00 Public Works dated April 23, 1998, be received and filed; and
and funds are available in the Division of Engineering Bond That the Commissioner of Public Works be, and he hereby is
Account No. 200-401-015 and No. 200-401-027. authorized to execute the contract amendment between the
Mrs. LoTempio moved: City and Modem Landfill, Inc. for the disposal of solid waste
That the above communication from the Commissioner of from the City.
Public Works dated April 22, 1998, be received and filed; and PASSED
That the Commissioner of Public Works be, and he hereby AYES-12, NOES-0
is authorized to advertise and receive formal bids for the repair
of bridge joints on the Bailey Avenue Bridge over Cazenovia NO.35
Creek and the Bailey Avenue Bridge over the Buffalo River. PLANS,SPECIFICATIONSANDBIDSFORINSTALLATION
Funds for this project will be available in the Division of OFTRAFFICSIGNALDETECTIONLOOPS
Engineering Bond Account No. 200-401-015 and No. 200401-ITEMNO.29,C.C.P.4/14/98
027. The subject item was referred to the Finance Committee
PASSED pending submission of a list of locations by our Department.
AYES-12 NOES-0 Please find attached for your information a list of existing traffic
signal locations at which vehicle detection loops will be
NO.33 replaced. These replacements are necessary to replace
CHANGEINCONTRACT outdated sonar equipment and existing detection loop locations
RIVERSIDEPARKICERINK affected by street rehabilitation projects.
RECONSTRUCTION REFERRED TO THE COMMITTEE ON FINANCE
I hereby submit to Your Honorable Body the following
changes for the Riverside Park Ice Rink, Reconstruction, NO.36
Joseph Davis Mechanical Services, C #91912500. ABANDONMENT,RELOCATIONAND
REDEDICATIONOFLARIVIEREDRIVE
1. Repair concrete floor @ south wall. Add $863.00 GRAPHICCONTROLSPROJECT
2. Credit for removal of non-hazardous soils bid As you are aware, the Graphic Control Corporation will be
as hazardous. Deduct 31,350.98 moving their Corporate Headquarters to an existing building at
3. Modify dasher board base plates. Add $6,949.24 40 LaRiviere Drive in the Waterfront Village. To make this
4. Install waste heat exchanger for subsoil heating move possible, it will be necessary for Graphic Controls
system. Add $7,783.24 Corporation to construct a 7,800 square foot addition to the
5. Remove secondary wall, SE trench. Add $552.18 existing building. This substantial-new construction will require
6. Edge form at west end of warm slab. Add $1,047.00 the abandonment of a portion of the present LaRiviere Drive,
7. Replace/rebuild existing chilled water pumps. and relocating the street to the vacant land currently owned by
Add $6,854.60 the Buffalo Urban Renewal Agency.
8. Repair of temperature sensor conduit. Add $1,669.54 That portion of the present right-of-way of LaRiviere Drive
9. Rebuild existing player boxes. Add $3,448.64 which is to be closed, abandoned and conveyed to the Buffalo
10. Replace 8" valve @ chilled water pump. Add $1,484.16 Urban Renewal Agency is described as follows:
11. Delete 3-way control valve on heat system. All that tract or parcel of land being part of the public street
Deduct $258.00 known as LaRiviere Drive, as shown on the subdivision map of
12. Substitute maximent dry shake in lieu of the. WATERFRONT VILLAGE PART I (filed in map cover
Emery #4 dry shake. Deduct $3,300.00 2432 in the Erie County Clerk's Office), in the City of Buffalo,
13. Delete system cleaning. Deduct $350.00 County of Erie and State of New York and being more
The foregoing change results in a net decrease in the particularly described as follows:
contract of Four Thousand Six Hundred Seven and 38/100 Beginning at the point of intersection of the northeasterly line
Dollars (-$4,607.38). of sub-lot #3 of cover 2432 with the northwesterly line of
Summary: Original Amount of Contract $ 581,800.00 LaRiviere Drive, as presently laid-out, said point of beginning
Amount of This Change (No. 1) Deduct $4,607.38 being also three hundred forty-five (345.00) feet southwest of
Revised Amount of Contract $ 577,192.62 the truncated corner of LaRiviere Drive and Lakefront
These changes could not be foreseen at the time contract Boulevard, as measured along the northwesterly line of
was let. Costs have been reviewed by the Consulting Architect LaRiviere Drive and running thence, southeasterly and at right
(Wilson, Klaes, Brucker & Worden) and the Department of angles to the northwesterly line of LaRiviere Drive thirty-nine
Public Works and found to be fair and equitable. Funds for (39.00) feet, to a point;
this project to be credited to CPF 201-402-002 - Division of Running thence southwesterly and parallel to the
Buildings. northwesterly line of LaRiviere Drive two hundred nine and six
I request that Your Honorable Body authorize the hundredths (209.06) feet, to a point;
Commissioner of Public Works to issue a change order to the Running thence northwesterly and at right angles thirty-nine
contractor as set forth above. (39.00) feet, to a point;
Mrs. LoTempio moved: Running thence northeasterly and along the northwesterly
That the above communication from the Commissioner of line of LaRiviere Drive, and its southwesterly extension two
Public Works dated April 23, 1998, be received and filed; and hundred nine and six hundredths (209.06) feet, to the point of
beginning, containing 8,153.3 square feet, 0.187 acres of land, herein recommends that Your Honorable Body approve the
more or less; abandonment, relocation and rededication of LaRiviere Drive as
The above described portion of LaRiviere Drive that is to be described above. The abandonment and rededication should
abandoned contains certain permanent easements that were not be made final until the deeds of transfer have been filed in
granted to the various utility companies. The abandonment will the Office of the Erie County Clerk.
be made subject to modifications to these easements to In addition to the above described relocation and dedication
provide for the relocation of the underground utilities in the new of LaRiviere Drive it will be necessary to grant to Waterfront
right-of-way of LaRiviere Drive. Associates, LLC a 4'x 24' permanent easement (as more
The following described two parcels of land, presently owned particularly described on the attached Exhibit A) within the
by the Buffalo Urban Renewal Agency are to be dedicated as newly dedicated right-of-way of LaRiviere Drive for the
part of the new right-of-way of LaRiviere Drive: construction of steps and/or pedestrian ramps into the new
PARCEL NO. 1 buildings. The Department of Public Works has reviewed the
All that tract or parcel of land situate in the City of Buffalo, necessity for this permanent easement and herein
County of Erie and State of New York, being part of sub-lot #13 recommends that your Honorable Body approve a permanent
as shown on the subdivision map of the 'WATERFRONT easement limited to those encroachments necessary to
VILLAGE - PART I', filed in map cover 2432 in the Erie County construct stairs and/or pedestrian ramps in the building.
Clerk's Office, and more particularly described as follows: Mrs. Lotempio moved:
Beginning at a point in the present southwest line of That the above communication from the Commissioner of
Wilkeson Way at the angle point formed by the truncated Public Works dated April 21, 1998, be received and filed; and
corner with LaRiviere Drive and running thence southeasterly That the Comptroller be, and he hereby is authorized to
and along the southwesterly line of Wilkeson Way thirty-nine abandon a portion of the present LaRiviere Drive and relocate
(39.00) feet, to a point; and rededicate the street to the vacant land currently owned by
Running thence westerly and along a line forming an interior the Buffalo Urban Renewal Agency. That portion of the
angle of 45 degrees -00 minutes a distance of fourteen and present right-of-way of LaRiviere Drive which is to be closed,
fourteen hundredths (14.14) feet, to a point; abandoned and conveyed to the BURA is described as listed
Running thence southwesterly parallel to the present above; and
southeasterly line of LaRiviere Drive and thirty-nine (39.00) feet That the Commissioner of Public Works be, and he hereby is
southeasterly therefrom, as measured at right angles thereto, a authorized to grant a permanent easement to Waterfront
distance of two hundred (200.00) feet, to a point in the Associates, LLC for the construction of steps and/or pedestrian
southwesterly line of sublot #13; ramps into the building. Such easement shall be limited to
Running thence northwesterly and along the southwesterly these encroachments.
line of sublot #13, a distance of nine (9.00) feet to a point in the PASSED.
southeasterly line of LaRiviere Drive; AYES-12, NOES-0
Running thence northeasterly and along the present
southeasterly line of LaRiviere Drive one hundred twenty NO.37
(120.00) feet to an angle point in LaRiviere Drive; MORATORIUMONBANNERS
Running thence northwesterly and along the present ONNIAGARASQUARE
northeasterly line of LaRiviere Drive twenty (20.00) feet, to an ITEMNO.211;C.C.P.04/14/98
angle point; Running thence northerly and along the present This is in response to Item No. 211 of April 14, 1998 which
easterly line of LaRiviere Drive fourteen and fourteen placed a moratorium on the installation of banners at Niagara
hundredths (14.14) feet, to an angle point; Square until January 1, 2000,
Running thence northeasterly and along the present Please be advised that the Department of Public Works has
southeasterly line of LaRiviere Drive seventy (70.00) feet to an no objection to the moratorium and completely supports Your
angle point at the truncated corner of LaRiviere Drive and Honorable Body's resolution.
Wilkeson Way; Running thence easterly and along the line REFERRED TO THE COMMITTEE ON LEGISLATION
forming the truncated corner of LaRiviere Drive and Wilkeson
Way fourteen and fourteen hundredths (14.14) feet, to the point NO.38
of beginning, containing 4,540.0 square feet, or 0.104 acres of E.TUTTLE-INSTALLALL-WAYSTOPCONTROL
land, more or less. INTERSECTIONOFTUDORPLACEAND
PARCEL NO. 2 WESTFERRYSTREET
All that tract or parcel of land situate in the City of Buffalo, ITEMNO.110;C.C.P.03/31/98
County of Erie and State of New York, being part of sublot #12 This is in response to Item No. 110 of March 31, 1998 which
as shown on the subdivision map of the 'WATERFRONT requested the installation of all-way stop control at the
VILLAGE - PART I" as filed in map cover 2432 in the Erie intersection of
County Clerk's Office and being more particularly described as Tudor Place and West Ferry Street. Please be advised that
follows: the Department of Public Works - Traffic Engineering Division
Beginning at a point in the present, southeasterly line of has investigated this request.
LaRiviere Drive at the angle point formed at the truncated Research of our records and an inspection of the site has
corner with the northeasterly line of Wilkeson Way and running found the following.
thence northeasterly and along the present southeasterly line of 1) Tudor Place is a one block street between Cleveland Avenue
LaRiviere Drive two hundred three and twenty-four hundredths and West Ferry Street. Tudor Place forms a T-intersection with
(203.24) feet, to a point, said point being one hundred eighty-West Ferry Street.
six and seventy-six hundredths feet southwest of the angle 2) Stop control presently exists in Tudor at West Ferry.
point formed by the truncated corner of LaRiviere Drive and 3) No line-of-sight/visibility obstructions exist when exiting
Lakefront Boulevard; Tudor onto West Ferry.
Running thence southerly and along a line forming an interior 4) Traffic volumes on Tudor are low and no long term delays
angle of 26 degrees, 22 minutes, 11 seconds for a distance of were observed when vehicles attempted to exit Tudor and enter
eighty-seven and eighty-one hundredths (87.81) feet, to a point; West Ferry.
Running thence southwesterly, parallel to the present 5) No accidents have been reported from 1992 to the present.
southeasterly line of LaRiviere Drive and thirty-nine (39-00) feet 6) The Manual of Uniform Traffic Control Devices specifically
southeasterly therefrom, as measured at right angles thereto, states that stop signs shall not be used to control speed.
for a distance of one hundred twenty-four and fifty seven Given the above, the Department of Public Works must deny
hundredths (124.57) feet, to a point: the above request and will not be installing all-way stop control
Running thence southerly along a line deflective to the left 45 at the intersection of Tudor Place and West Ferry Street.
degrees - 00 minutes for a distance of fourteen and fourteen REFERRED TO THE COMMITTEE ON LEGISLATION
hundredths (14.14) feet to a point in the northeasterly line of
present Wilkeson Way; NO.39
Running thence northwesterly and along the present ITEM#2-COMMUNITYDEVELOPMENTCOMMITTEE
northeasterly line of Wilkeson Way thirty-nine (39.00) feet to an BICYCLEACCESSIBILITYONSTREETIMPROVEMENT
angle point, formed by the truncated corner of Wilkeson Way PROJECTS
with LaRiviere Drive; Running thence northerly and along the ITEMNO.215,C.C.P.4/14/98
line forming the truncated corner of Wilkeson Way and This is in response to the subject resolution which requested
LaRiviere Drive a distance of fourteen and fourteen hundredths more specific information regarding bicycle access treatment
(14.14) feet, to the point of beginning, containing 6,782.3 on future roadway projects administered by the Department of
square feet, or 0.156 acres of land, more or less. Public Works.
The Department of Public Works has reviewed the revised From a safety, liability and engineering standpoint, our
street plan as proposed for the Graphic Controls Project and Department must adhere to design standards established by
NYSDOT and AASHTO as stated in the NFTC Regional fines. The City of Buffalo will receive 50% of any fines levied in
Bikeway Implementation Plan. In short all pavement sections in order to continue the efforts to reduce tobacco sales to minors.
the City are deemed urban curbed streets and the minimum Last year's program resulted in 112 stops; 106 were in
width of a striped, signed, one-way bike lane is 5', two-way 10'. compliance and 6 were fined which resulted in an additional
The City Bicycle Master Plan (Item #134, CCP 9/30/97) $300.00 over the $4,000 we received under this grant program.
basically recommended a bikeway system on the majority of This year, because we are eligible for double the
arterial streets in the City. In most cases it is not feasible to reimbursement, the County wishes to begin as soon as
delineate 10' of pavement width for bike lanes unless we possible (May 1, 1998) . Therefore we are requesting that your
remove parking or widen the street. Currently, our resurfacing Honorable Body authorize the acceptance of these funds at
projects are limited to mill, overlay and striping which allows us your April 28, 1998 meeting so that there will be sufficient time
to maximize funds allocated and pave as many street miles as to fulfill our obligation, thus enabling the City to receive the
possible. Based on Capital and O&M Funds at existing levels, maximum reimbursement.
widening streets to provide bike lanes with so many others in If you require additional information, please contact Deputy
disrepair is not considered prudent. Police commissioner John Battle or Chief Kevin Comerford at
We are currently reviewing the suggested NFTC bike routes ext. 4475.
and related pavement widths to determine the feasibility of each Thank you for your immediate attention to this matter.
and will continue to make bike lanes a priority on all future Mrs. Lotempio moved:
reconstruction projects where funding and space requirements That the above communication from the Commissioner of
allow. Police dated April 21, 1998, be received and filed; and
REFERRED TO THE COMMITTEE ON COMMUNITY That the Mayor be, and he hereby is authorized to renew the
DEVELOPMENT sub-agreement with the County of Erie (Department of Health)
for Operation Protect Kids to run through September 30, 1998.
NO.40 PASSED
CERTIFICATEOFAPPOINTMENT AYES-12, NOES-0
Appointment Effective April 16, 1998 in the Department or
Public Works, Division Or Engineering to the Position of FROMTHECORPORATIONCOUNSEL
Associate Account Clerk, Permanent, Intermediate at the
Starting Salary of: $ 26,444 Carole M. Getz . 25 Knox Ave. NO.44
Buffalo, NY 14216 REVIEWOFNOMINEESFOR
REFERRED TO THE COMMITTEE ON CIVIL SERVICE BROADWAYMARKETMANAGEMENTBOARD
C.C.P.,2/3/98,NO.2
NO.41 The Corporation Counsel conferred with the Division of
CERTIFICATEOFAPPOINTMENT Collections and reports (as verified by that Division as of April
Appointment Effective: April 20, 1998 in the Department of 17, 1998) that the following nominee for the Broadway Market
Public Works Division of Water to the Position of Machine Management Board has satisfied his debts to the City:
Operator-Water, Permanent, Non-Competitive, Intermediate Name
Starting Salary of: $ 25,898 Paul Tatu 316 Bedford Street Peter Cammarata
Buffalo, 14216 RECEIVED AND FILED
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
NO.45
FROMTHECOMMISSIONEROFPOLICE REVIEWOFNOMINEESFOR
SUPERSPANTASKFORCE
NO.42 C.C.P.,4/14/98,NO.17
CHECKSRECEIVED The Corporation Counsel conferred with the Division of
ITEMNO.104,C.C.P.2/2/88 Collections and reports (as verified by that Division as of April
8155-00107319 C2-97-0 I 01 $ 2,860.20 17, 1998) that the following nominees for the Super Span Task
8155-00107333 C2-97-0103 757.80 Force have no outstanding debts to the City:
8155-00107331 C2-97-0103 3,093.60 Name
8155-00107321 C2-97-0107 723.60 Kevin Gaughan
8155-00107323 C2-97-0108 859.20 Matthew Meier
8155-00107325 C2-97-0115 1,003.80 Patricia Rehak
8155-00107329 C2-98-0003 26,893.80 RECEIVED AND FILED
8155-00107327 C2-98-0005 3,519.60
TOTAL DEPOSIT $39,711.60 NO.46
The above referenced property has been administratively DELAVANARMORY
forfeited by the Drug Enforcement Administration. (DEA). The On December 31, 1996, the State of New York executed
checks were received by this Department and duly deposited in Letters Patent conveying title to the Delavan Armory to the City
the Trust & Agency Account, #610-200-217-00-300. of Buffalo. At that time the City objected to certain terms of the
RECEIVED AND FILED transfer and requested amendments thereto. In January 1997
the State rejected certain of those amendments.
NO.43 In February 1997, this Department requested an approving
OPERATIONPROTECTKIDSRENEWAL:FY97/98 motion from your Honorable Body either authorizing the
The Buffalo Police Department is respectfully requesting Corporation Counsel to return the deed to New York State
authorization for the Mayor to renew our sub-agreement with marked “void and unaccepted" or authorizing the Corporation
the County of Erie (Department of Health) for operation Protect Counsel to accept and file the deed.
Kids. This grant was awarded to the County of Erie under the At this time, this Department has not yet received a response
New York State Department of Health's Youth Tobacco to that request.
Enforcement and Prevention Grant and will run through Recently Ecology and Environment was hired to perform a
September 30, 1998. preliminary site assessment on this property. E & E reported
Under this agreement, the County will reimburse the City of that there are three areas which mandate remedial activity as
Buffalo the sum of $30.00 for every completed compliance well as other areas of concern due to unknowns, possibly
check of merchants who sell tobacco products. Using PCB's.
underage operatives as decoys, compliance checks will be The three areas which need to be addressed are as follows:
conducted to see if active enforcement of New York State the removal of three underground storage tanks and possible
Public Health Laws reduces the availability of tobacco products surrounding soil excavation and removal; asbestos abatement
to children. A national survey was conducted and found that prior to any demolition work; disposal of paint products, waste
63% of youths between the ages of 12 to 18 years who smoke, solvents, chemicals and lubricants.
purchase their own cigarettes and that cigarette smoking is As you may recall, this Department had objected to the
responsible for nearly I in 5 deaths in New York State. transfer by the State because of the terms of the transfer
Another focus of this project is to educate local business agreement. The objectionable terms of transfer were: complete
owners with licenses to sell tobacco products as to the law, and indemnification of the State for any environmental problems
how this law must be enforced. and reversion to the State if the City ceased using the property
As previously stated, underage operatives will be employed to for municipal purposes. This Department further objected to
randomly check city-wide businesses for compliance. taking title when no funds had been identified which would
Merchants who are found to violate this law and allow the adequately address the clean-up or demolition of the building
operative to purchase tobacco products, will be subject to on this property.
penalties imposed by the Health Department which may include This Department, once again, respectfully requests direction
from your Honorable Body as to how to proceed either returning (ITEMNO.167,C.C.P.,3/31/98)
the deed to New York State marked "void and unacceptable" or The Rules for the Classified Civil Service of the City of
by filing the deed and thereby accepting title. Buffalo Municipal Civil Service Commission provide at Rule
REFERRED TO THE COMMITTEE ON FINANCE 12.5 as follows:
The duration of all eligible fists shall be for a term of not less
NO.47 than one nor more than four years. Notice of the duration of an
70REGENTSTREET eligible list and of the date of establishment of such list shall be
REQUESTFORASSESSMENTREVIEW given to all successful candidates at the time when notice of
Mrs. Felicita Fleischauer, owner of property at 70 Regent standing on the eligible list is given to such candidates. Where
Street, Buffalo has written to the City requesting a reduction in the duration of an eligible list is fixed at less than four years, the
assessment. Commission may, prior to the expiration date of such list,
Sections 729-739 of the Real Property Tax Law (RPTL) extend the duration of the list up to the maximum limit of four
provide an inexpensive method for the owner-residents of one, years, provided the eligibles on such list are notified in writing
two and three family houses to seek a reduction in assessment. of the extension of the eligible list.
The property owner must file a complaint in the month of Civil Service Law, Section 56 (1) provides in relevant part
December. The matter is then heard by the Board of that:
Assessment Review. If the homeowner is not satisfied with the The duration of an eligible list shall be fixed at not less than
results of this hearing, he or she may file a petition for Small one nor more than four years;...
Claims Assessment Review (SCAR) under RPTL Section 730- An eligible list that has been in existence for one year or more
This petition must be filed within a time frame dictated by the shall terminate upon the establishment of an appropriate new
RPTL; this year, such a petition had to be filed in the Erie list, unless otherwise prescribed by the state civil service
County Clerk's Office by April 1. department or municipal commission having jurisdiction.
The only other procedure for assessment reduction after The current lieutenant's eligibility list is scheduled to expire
decision by the Board is through a tax certiorari proceeding in on December 31, 1998. The lieutenant's exam date is
Supreme Court. This proceeding also had to be filed by April scheduled for June 20, 1998.
1. The Civil Service Commission may vote to extend the
Under the law, it is not possible to reduce an assessment duration of the eligibility list provided all lieutenant's on the
after the tax roll becomes final (on March 1) in the absence of present list are notified in writing of such action.
one of these two proceedings. Unfortunately, Mrs. Fleischauer RECEIVED AND FILED
did not file either type of petition and the deadline for doing so
has now passed. The taxpayer has no further remedy NO.50
regarding the 1998-99 assessment. She may pursue a CITYSEXUALHARASSMENTPOLICY
reduction for the 1999-2000 tax year by filing a complaint in ITEMNO.189,C.C.P.,3/31/98
December 1998. The City's Sexual Harassment Policy was originally issued in
RECEIVED AND FILED 1992. The policy was issued to all unions and department
heads. The policy was revised and reissued to all unions,
NO.48 commissioners and department heads on June 24, 1996. The
CONCERNEDOFFICERS complaint procedure was reissued by the Division of Labor
EXAMFORPOLICEDETECTIVE Relations in January 1998.
ITEMNO.95,C.C.P.,3/31/98 The policy is supposed to be posted in all city departments.
On March 31, 1997, the State Legislature amended Civil There are a number of ways, however, to increase
Service Law Section 58 by repealing subdivision (4)(c) and dissemination of the policy. One is to post the policy on e-mail
adding a new paragraph (c). The new law recognizes and direct it to all Lanusers. Another approach is to make
[paragraph (c)(1)] that many police departments do not copies of the policy and distribute it to all City employees with
administer competitive tests for the position of "detective". The or without requiring the employee to sign for his or her copy.
new law also recognizes that "fitness" for the position of In response to the Council's Resolution, it must be pointed
detective "has always been determined by evaluation of the out that harassment is included in parts II and III
quid pro quo
capabilities of an individual by supervisory personnel,. The law
of the policy. The phrase is not specifically
"quidpro quo"
provides that a person who has satisfactorily performed "in an
defined; it is, however described. As a point of information, the
investigator position in a manner sufficiently satisfactory to the
reference to "salary reduction of female hires" in the resolution
appropriate supervisors" for a period of 18 months "has
is not in and of itself an example of sexual harassment. Neither
demonstrated fitness for the position of detective" at least as
is the reference to "job performance credit being overlooked or
well as could be ascertained by means of a competitive exam.
transferred to a male superior. Such conduct must be related
In the Buffalo Police Department, there are no formal
to unwelcome verbal or physical conduct of a sexual nature in
evaluations of the detective's capabilities by supervisory
order to be raised in the context of sexual harassment.
personnel.
The term "sexual harassment' is further defined in the City's
The newly added Section 58(c) permits jurisdictions who do
policy using the definition contained in the U. S. Equal
not administer competitive examinations for the position of
Employment Opportunity Commission guidelines. Those
"detective" to "tenure" detectives who have 18 months'
guidelines (29 CFR 1604.1 1) are used in interpreting Title VII,
experience in their positions. Nothing in Civil Service Law, as
Section 703 of the Civil Rights Act.
amended, prohibits a jurisdiction from administering a test to
The City's policy has three methods for reporting complaints
detectives with less than 18 months' experience in the position.
of sexual harassment. An employee may report the matter to a
The Commission voted to classify the position of detective in
supervisor or to the Director of Labor Relations. A union
the competitive class of the Civil Service after consulting with
employee may also pursue the grievance provisions of the
the Buffalo Police Department command staff and the Buffalo
applicable collective bargaining agreement. Most sexual
Police Benevolent Association. The Commission voted to
harassment policies contain only two reporting hierarchies.
require a competitive examination for the position of detective
The most useful method by which to prevent sexual
after holding public hearings on the subject at which the
harassment and to strengthen the sexual harassment policy
Buffalo Police Department and the PBA were present. It was
would be to conduct general orientation and training for
determined by the Civil Service Commission that a detective
supervisors and employees. There are many entities who
position constitutes a bona fide civil service position as
perform such services for a fee. Training is recommended by
evidenced by factors including enhanced pay, benefits, and
all entities involved in the prevention and investigation of sexual
dignity of position. For years, the State Civil Service
harassment claims.
Department has made available to local jurisdictions a
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
competitive exam for the position of detective.
It is the legal prerogative of the Buffalo Municipal Civil
FROMTHECOMMISSIONEROFCOMMUNITY
Service Commission to determine the classification of a
DEVELOPMENT
position and whether an examination should be administered.
The Commission has the discretion to determine the nature of
NO.51
such a test, e.g., written or oral, etc. The Commission's
HOMEFUNDS
actions are reviewable by the State Civil Service Department
302HARTWELL
and in State Supreme Court by means of an Article 78 petition.
The property located at 302 Hartwell is a owner - occupied
RECEIVED AND FILED
double. The rental unit will be rehabilitated for rental to low-
mod income tenants. I am requesting $11,500.00 of HOME
NO.49
funds at 4% for 15 years. The owner is current with all City,
EXTENSIONOFPOLICELIEUTENANT
County, Water bills, and outstanding letters of violation for this
ELIGIBLELIST
property and all other properties owned either solely or jointly
within the City of Buffalo. The monthly payment will be $85.06. REFERRED TO THE COMMITTEE ON COMMUNITY
The developer has met all criteria outlined; ie. current City DEVELOPMENT
tax, County tax, and water bills; copy of mortgage/deed;
contractor's work write-up; H.O.M.E. Rental Rehab application. NO.54
OWNER TRANSFEROFTITLE,URBANHOMESTEADPROGRAM
Mr. Paul Bonvisuto 855FILLMORE(CITYOWNED-VACANTLOT,
302 Hartwell DIMENSIONS32'X115')
Buffalo, New York, 14216 `The Department of Community Development has surveyed the
BUDGET city-owned vacant lot at 855 Fillmore , the parcel is 32' x 115 in
$1,500 Soft Costs dimension; and it has been determined that this parcel cannot
$10,000 Construction be sold, is inappropriate for either the construction of new
$11,500 Total housing or needed for public purposes.
The property is located on Hartwell, between Virgil and Mr. Patrick B. Hayes, residing at 853 Fillmore Avenue indicated
Delaware. There is one rental unit in this project. The property that he will clean, improve and maintain the lot in the event that
is located in close proximity to both the Hertel Avenue he obtain title to the property under the Urban Homestead
Commercial District and the Delaware Consumer Square. program.
Mrs. LoTempio moved: We, therefore, recommend that the city-owned vacant lot to
That the Commissioner of Community Development be and he be designated as a Homestead Property and be transferred to
hereby is authorized to release HOME funds for 302 Hartwell to Mr. Patrick B. Hayes on the condition that the property is
owner Paul Bonvisato in the amount of $11,500 at 4% for 15 cleared and improved within (6) months and maintained in a
years. sanitary manner.
PASSED REFERRED TO THE COMMITTEE ON COMMUNITY
AYES-12 NOES- 0 DEVELOPMENT
NO.52 NO.55
HOMEFUNDS DELAWAREANDUNIVERSITYDISTRICTTREE
180HERTELAVENUE PLANTING
The property is located at 1180 Hertel Avenue, at the I hereby request permission to take bids for the above
intersection of Hertel and Virgil. project; and have asked for and received the following bids for
The 35 unit, (34 one-bedroom & 1 two-bedroom), Senior Delaware and University District Tree Planting on April 22,
Citizen project will provide housing for those people who are 62 1998:
years and older. COMPANY
Gleason's Nursery $15,687
Household Size Income Guidelines* Village Green Landscaping 16,261
1 $14,900 2 $17,050 Birch Grove Landscaping 25,718
*As of 12/96 Adams Nursery No Bid
Funding Sources Instant Tree No Bid
$2,655,600 HUD 202 Grant I hereby certify that the foregoing is a true & correct
$62,968 CDBG account 98-50303 statement of the bids received. We are accepting the low base
$100,000 HOME funds* bid of 15,687. Therefore, Gleason's Nursery, 4780 Sheridan
$2,818,568 Total Project Cost Drive, Williamsville, New York is the lowest responsible bidder
The CDBG/HOME funds will assist in the soft costs, in accordance with the plans & specifications.
demolition ($96,300), and construction costs. I recommend that Your Honorable Body authorize the City to
The Common Council approved the allocation (2/3/98, item order the work on the basis of the low bid. Funds for this work
56) of $100,000 of HOME funds to People, Inc. for the are available in Bond Fund Account 201-717-004.
demolition of the property located at 1180 Hertel Avenue. Mrs. Lotempio moved:
I am requesting that as an interim step, these monies be That the above communication from the Commissioner of
allocated to: Community Development dated April 22, 1998, be received and
Hertel - Virgil, Inc. filed; and
1430 Millersport Highway That the Commissioner of Community Development be, and
Williamsville, New York, 14221 he hereby is authorized to award a contract for Delaware and
The HOME funds will be used for the demolition of the University Tree Planting, to Gleason's Nursery, the lowest
property, and will be assigned to People, Inc. (Ivy Rose responsible bidder, in the amount of $15,687.00, with said cost
Housing Corp.) after the demolition and HUD 202 closing. to be charged to Bond Fund Account 201-717-004.
Mrs. LoTempio moved: Passed.
That the Commissioner of Community Development be and he AYES-12, NOES-0
hereby is authorized to release HOME funds to Hertel - Virgil,
Inc. in the amount of $ 100,000 for the demolition of the NO.56
property at 1180 Hertel LOVEJOYANDMASTENDISTRICTTREEPLANTING
PASSED I hereby request permission to take bids for the above
AYES- 12 NOES- 0 project; and have asked for and received the following bids for
Lovejoy and Masten District Tree Planting on April 22, 1998:
NO.53 COMPANY BID
HOMEFUNDS Gleason's Nursery $13,997
290JERSEY Village Green Landscaping 15,133
The property located at 290-292 Jersey is a 4 unit building. Birch Grove Landscaping 24,975
The units will be rehabilitated for rental to low-mod income Adams Nursery No Bid
tenants. I am requesting $41,500.00 of HOME funds at 4% for Instant Tree No Bid
15 years. The owner is current with all City, County, Water I hereby certify that the foregoing is a true & correct
bills, and outstanding letters of violation for this property and all statement of the bids received. We are accepting the low base
other properties owned either solely or jointly within the City of bid of 13,997. Therefore, Gleason's Nursery, 4780 Sheridan
Buffalo. The monthly payment will be $306.97. Drive, Williamsville, New York is the lowest responsible bidder
The developers have met all criteria outlined; ie. current City in accordance with the plans & specifications.
tax, County tax, and water bills; copy of mortgage/deed; I recommend that Your Honorable Body authorize the City to
contractor's work write-up; H.O.M.E. Rental Rehab application. order the work on the basis of the low bid. Funds for this work
OWNER are available in Bond Fund Account 201-717-004.
Mr. Angelo Lococo Mrs. Lotempio moved:
157 Ranch Trail West That the above communication from the Commissioner of
Amherst, New York, 14221 Community Development dated April 22, 1998, be received and
BUDGET filed; and
$1,750 Soft Costs That the Commissioner of Community Development be, and
$42,870 Construction he hereby is authorized to award a contract for Lovejoy and
$44,620 Total* Masten District Tree Planting, to Gleason's Nursery, the lowest
*The owner will be closing the "gap" with private funds responsible bidder, in the amount of $13,997.00, with said cost
The property is located on Jersey Street, between Plymouth to be charged to Bond Fund Account 201-717-004.
and West. There are four units in this project. The property is PASSED.
located within the HOPE VI project boundary. AYES-12, NOES-0
he hereby is authorized to award a contract for South and
NO.57 Fillmore District Tree Planting, to Gleason's Nursery, the
NIAGARA&ELLICOTTDISTRICTTREEPLANTING lowest responsible bidder, in the amount of $12,90 1. 00, with
I hereby request permission to take bids for the above said cost to be charged to Bond Fund Account 201-717-004.
project; and have asked for and received the following bids for That the Fillmore District allocation be dedicated to planting
Niagara & Ellicott District Tree Planting on April 22, 1998: trees in the Clinton/Fillmore Community to complete the tree
COMPANY BID planting program started in the fall of 1997.
Gleason's Nursery $14,020 PASSED
Village Green Landscaping 15,665 AYES- 12 NOES- 0
Birch Grove Landscaping 23,151
Adams Nursery No Bid NO.60
Instant Tree No Bid BROADWAYFILLMORE
I hereby certify that the foregoing is a true & correct COMMERCIALDISTRICTPERMISSIONTOTRANSFER
statement of the bids received. We are accepting the low base TITLE021-1033BROADWAYFROMCITYTOBURA
bid of 14,020. Therefore, Gleason's Nursery, 4780 Sheridan The Buffalo Urban Renewal Agency transfer-red title to
Drive, Williamsville, New York is the lowest responsible bidder 1021-1027 Broadway in 1994 to the City of Buffalo. Immediate
in accordance with the plans & specifications. action was required to demolish the building due to a partial
I recommend that Your Honorable Body authorize the City to collapse of the roof and east facade that occurred on March 15,
order the work on the basis of the low bid. Funds for this work 1994. The property consisted of a dilapidated vacant five (5)
are available in Bond Fund Account 201-717-004. story structure.
Mrs. Lotempio moved: Due to the unsafe condition of the building, immediate action
That the above communication from the Commissioner of was required to demolish 1021-1027 Broadway along with
Community Development dated April 22, 1998, be received and another City owned building known as 10331 Broadway. Title
filed; and to the property had to be transferred to the City because Bond
That the Commissioner of Community Development be, and Fund Money was being used to demolish both buildings.
he hereby is authorized to award a contract for Niagara and BURA is preparing to transfer title to a Redeveloper, Market
Ellicott District Tree Planting, to Gleason's Nursery, the lowest Square at 1021 Broadway. We therefore respectfully request
responsible bidder, in the amount of $14,020.00, with said cost that Your Honorable Body approve the transfer of title to 1021-
to be charged to Bond Fund Account 201-717-004. 1033 Broadway from the City of Buffalo to BURA for the sum
Passed. of $1.00.
AYES-12, NOES-0 That the above communication from the Commissioner of
Community Development dated April 20, 1998, be received and
NO.58 filed; and
NORTHDISTRICTTREEPLANTING That the Common Council does hereby authorize the transfer
I hereby request permission to take bids for the above of 1021-1033 Broadway from the City of Buffalo to the Buffalo
project; and have asked for and received the following bids for Urban Renewal Agency for the sum of One Dollar ($1.00).
North District Tree Planting on April 22, 1998: PASSED.
COMPANY BID AYES-12, NOES-0
Village Green Landscaping $15,905
Gleason's Nursery 19,999 NO.61
Birchgrove Landscaping 29,066 RESULTSOFNEGOTIATIONS
Adams Nursery No Bid 22DIGNITYCIRCLE,193.50'EHUMBOLDT
Instant Tree No Bid LOTSIZE:30'X110'
I hereby certify that the foregoing is a true & correct 413EASTDELAVAN,3861WFILLMORE
statement of the bids received. We are accepting the low base LOTSIZE:247'X110'W/A/P196.50'FRONT,2551REAR,
bid of 15,905. Therefore, Village Green Landscaping, P.O. 110'EMOHICAN
Box 522, Hamburg, New York is the lowest responsible bidder The Department of Community Development, Division of In-
in accordance with the plans & specifications. Rem Properties, has received a request to purchase the above
I recommend that Your Honorable Body authorize the City to properties from Attorney F. William Gray III, on behalf of Ms.
order the work on the basis of the low bid. Funds for this work Constance B. Eve, Chairperson, Women for Human Rights
are available in Bond Fund Account 202-717-001. and Dignity, Inc., 2278 Main Street, Buffalo, New York 14214.
Mrs. LoTempio moved: Women for Human Rights and Dignity, Inc., a not-for-profit
That the above communication from the Commissioner of organization intends to coordinate the building of ten (10) new
Community Development dated April 22, 1998, be received and homes as part of a support program for single woman and their
filed; and children.
That the Commissioner of Community Development be, and The Department of Community Development and the
he hereby is authorized to award a contract for North District Division of Collections have no objections to the sale. The
Tree Planting, to Village Green Landscaping, the lowest properties are not needed for public purposes, there are no
responsible bidder, in the amount of $15,905.00, with said cost outstanding building code violations, taxes or other liens owed
to be charged to Bond Fund Account 202-717-001. to the City by the purchaser.
Passed. An independent appraisal of the property was conducted by
AYES-12, NOES-0 Mr. Dennis Walker, Able Appraisal Associates, 43 St. Paul
Street, Buffalo, New York. He has estimated the value of 22
NO.59 Dignity Circle to be Seven Hundred Dollars ($700) and 413
SOUTHANDFILLMOREDISTRICTTREEPLANTING East Delavan Avenue to be Thirty Thousand Five Hundred
I hereby request permission to take bids for the above Dollars ($30,500). The Division of In-Rem Properties concurs
project; and have asked for and received the following bids for with the appraisers estimates of value.
South and Fillmore District Tree Planting on April 22, 1998: Women for Human Rights and Dignity, Inc. have agreed and
COMPANY BID are prepared to:
Gleason's Nursery $12,901 1. Pay Seven Hundred Dollars ($700) for 22 Dignity
Village Green Landscaping 13,049 Circle and Thirty Thousand Five Hundred Dollars ($30,500) for
Birch Grove Landscaping 21,444 413 East Delavan Avenue.
Adams Nursery No Bid 2. The sale and transfer of title are contingent upon the
Instant Tree No Bid purchasers receipt of federal funds for the purchase and
I hereby certify that the foregoing is a true & correct development of the property.
statement of the bids received. We are accepting the low base 3. They have agreed to pay for the cost of the appraisals,
bid of 12,901. Therefore, Gleason's Nursery, 4780 Sheridan transfer tax, recording fees and cost of the legal descriptions.
Drive, Williamsville, New York is the lowest responsible bidder I am recommending that Your Honorable Body approve the
in accordance with the plans & specifications. sale of 22 Dignity Circle for $700.00 and 413 East Delavan
I recommend that Your Honorable Body authorize the City to Avenue for $30,500.00 to Women for Human Rights and
order the work on the basis of the low bid. Funds for this work Dignity, Inc. upon the above stated terms and conditions. I am
are available in Bond Fund Account 201-717-004. further recommending that the Corporation Counsel prepare
Mrs. Lotempio moved: the necessary documents for the transfer of title and that the
That the above communication from the Commissioner of Mayor be authorized to execute the same.
Community Development dated April 22, 1998, be received and REFERRED TO THE COMMITTEE ONFINANCE
filed; and
That the Commissioner of Community Development be, and NO.62
RESULTOFNEGOTIATIONS -REPORTOFBIDS
PORTIONOF1590FILLMORE Having received permission, Item #51, C.C.P. 3/17/98, to
281X123' take bids for work in Roosevelt Park, I have asked for and
The Department of Community Development, Division of In-received on April 16, 1998 the following bids for repair and
Rem Properties, has received a request from Moses and Ruby renovation work to the Shelter House.
Graham, 33 Richert Avenue, Buffalo, New York to acquire a COMPANY BASE BID
281 x 123' portion of 1590 Fillmore Avenue. They intend to North Boston Construction $ 91150.00
acquire the parcel and use for extra yard space. 7440 Boston State Rd, Hamburg, NY 14075
The Department of Community Development and the Division Johnson & Sons General Contracting $22,245.00
of Collections have no objection to the sale. There are no 45 Pannell St., Buffalo, NY 14215
outstanding code violations, taxes or other liens owed to the Aladdin Construction Co., Inc. No Bid
City by the purchaser. 484 Niagara Street, Buffalo, NY 14201
An independent appraisal of the property was conducted by Claude Mayo General Carpentry No Bid
Mr. Dennis Walker, appraiser. He has estimated the value of 53 Humber Avenue, Buffalo, NY 14215
the property to be One Thousand Dollars ($1,000). The Peace Development Group, LLC. No Bid
Division of In-Rem Properties concurs with the appraisers 341 Parkside Avenue, Buffalo, NY 14214
estimate of value. SLR Contracting & Services Co. No Bid
The results of our negotiations are that Mr. and Mrs. Graham 602 E. Delavan Ave., Buffalo, NY 14211
have agreed and are prepared to pay One Thousand Dollars I hereby certify that the foregoing is true and correct
($1,000) for the parcel. They have also agreed to pay for the statement of the bids received and that North Boston
cost of the appraisal, transfer tax, recording fee's and cost of Construction is the lowest responsible bidder at the base bid
the legal description. amount of $9,150 in accordance with the plans and
I am recommending that Your Honorable Body approve the specifications. Funds for this work are available in the City
sale of a portion of 1590 Fillmore Avenue, approximately 28' x Bond Fund Account No. 200-717-054
132' to Moses and Ruby Graham for One Thousand Dollars I therefore recommend that Your Honorable Body authorize
($1,000) I am further recommending that the Corporation the Commissioner of Community Development to order the
Counsel prepare the necessary documents for the transfer of work to North Boston Construction of 7440 Boston State Road,
title and that the Mayor be authorized to execute the same. Hamburg, NY 14075 on the basis of this report of bids.
REFERRED TO THE COMMITTEE ON FINANCE Mrs. LoTempio moved:
That the above communication from the Commissioner of
NO.63 Community Development dated April 22, 1998, be received and
"REQUESTDRAFTTOWINGORDINANCE" filed; and
CCPMARCH31,1998#166 That the Commissioner of Community Development be, and
In response to CCP March 31, 1998 #166 "Request Draft he hereby is authorized to award a contract for Roosevelt Park
Tow Ordinance, " please be advised that the City of Buffalo Shelter House, to North Boston Construction, the lowest
does license tow trucks as per Chapter 454. The City of responsible bidder, in the amount of $9,150.00, with said cost
Buffalo licenses each individual tow truck. This is a biennial to be charged to City Bond Fund Account No. 200-717-054.
license which expires on October I and has a $52.50 fee. Each PASSED
licensed tow truck is assigned a specific city license number AYES- 12 NOES- 0
which is to be conspicuously displayed in clear legible numbers
of at least two inches in height on both doors of the tow truck. NO.66
The licensed tow trucks are also given a city of Buffalo license CHANGEORDER#1TOCONTRACT91944700
stating the city license number, date of issuance, name and ROOSEVELTPARK
address of licensee,-motor vehicle number, NYS license plate SUBURBANBLACKTOP-CONTRACTOR
number and date the license expires. This license should be After the project was put out to bid and bids opened, it was
physically available upon request in each tow truck. Any tow noted at a meeting with the Kensington Little League there were
truck unable to provide this license upon request at an accident several construction items omitted from the initial scope of
scene should not be allowed to tow. The city of Buffalo does work. The following additions, deletions and modifications to
not have any licensing requirement for tow truck drivers. the original scope of work are being requested.
REFERRED TO THE COMMITTEE ON LEGISLATION Therefore, due to unforeseen contingencies, we recommend
and request the following changes to the scope of work of
NO.64 contract #91944700 be made.
"SETHEARINGLDAWILLERTPARK-BNRC” SUMMARY
RESOLUTION#216CCP-APRIL14,1998 1. 40 sq. ft. of additional asphalt paving
In response to your correspondence of April 16, 1998; in front of the concession building. Add: $250.00
requesting additional information relative to the involvement of 2. 1,980 sq. ft. of additional asphalt paving
the Homeownership Zone Steering Committee in the selection between the hockey rink and shelter house. Add: $ 4,600.00
of the proposed model site as well as its relationship to the 3. Roll field, fill in ruts and low spots with top soil and
implementation of the LDA, please be advised as follows: hydroseed barren, burned out areas
1.) as early as the June 25, 1997 meeting, the proposed over the entire field Add: $ 1,000.00
"Model Center" was submitted for review and discussion to the 4. Credit back for not removing the wooden bollards
Willert Park Village Steering Committee; and adjacent to the playground. Credit: ( $100.00)
2.) final approval for the proposed "Model Center"; together 5. Credit back for deleting concrete
with the "Housing Design Review Guidelines" was completed in trenches. Credit:($ 1,050.00)
at the August 19, 1997 Steering Committee Meeting. 6. Credit back for not removing fence from the
As the LDA is a legal contract for the acquisition and east side of hockey rink. Credit: ( $540.00)
redevelopment of real property the day to day implementation of 7. Credit back for using chain link fencing in
the LDA shall be the responsibility of appropriate Departmental lieu of 3 precast bollards Credit: ($ 800.00)
employees. CHANGE ORDER #1 TOTAL: $3,360.00
However, it has always been the intention of the Department of Original Contract Amount: $35,834.00
Community Development that the Willert Park Village Steering Change Order #1: $ 3,360.00
Committee would be an integral component of the planning and Revised Contract Amount: $39,194.00
implementation of the over-all redevelopment project proposed These additional costs and credits have been reviewed by
in the Homeownership Zone Grant Application. this Division and it's consultant and are found to be fair. Funds
As the Department is currently in the final phase of securing for this increase to the contract are available in C.P.A. 200-
the Homeownership Zone finding for this most important 717-054
redevelopment project the Steering Committee win be meeting I therefore recommend that Your Honorable Body authorize
on a regular basis once again. the Commissioner of Community Development to order the
I trust that you will find the above information satisfactory, additional work and issue Change Order #1 increasing the
however in the event you have further questions and/or require amount of the contract to Suburban Blacktop Services by
additional information I encourage you to contact me at Ext. $3,360.00.
5016. Mrs. LoTempio moved:
REFERRED TO THE COMMITTEE ON COMMUNITY That the above communication from the Commissioner of
DEVELOPMENT Community Development dated April 22, 1998, be received and
filed; and
NO.65 That the Commissioner of Community Development be, and
ROOSEVELTPARKSHELTERHOUSE he hereby is authorized to issue change order No. I to
Suburban Blacktop, for Roosevelt Park, an increase in the Service Center has once per week collection
amount of $3,360.00, with said cost to be charged to C.P.A. 367 x $103.44 = $37,965
200-717-054. $88,000.00 (current contract price) - $37,965 = $50,035
PASSED balance remaining for disposal
AYES- 12 NOES- 0 Solid Waste GeneratedAccording to a recent study of the
-
garbage generation rates for the Buffalo Public School System,
NO.67
we have found that approximately 96 tons per week of garbage
PERMISSIONTOHIREACONSULTANT
is being generated. This study was based on collecting
FRANCZYKPARK
garbage from schools separately for a week, and weighing the
SOILANDWATERTESTING
loads that were collected. Assuming a 40 week school year,
I hereby request permission from the Common Council
there is 3,840 tons of solid waste generated during the normal
authorizing the Commissioner of Community Development to
school year. With our current cost for disposal at $41.79, this
engage the services of a consultant to perform environmental
equates to a disposal charge alone of $160,475. Again, this
testing at Franczyk Park.
figure does not include the summer school program.
Less than $5,000 will be required for this activity.
If we use the balance disposal figure from above we find the
Funds are available in City environmental bond account No.
following:
202-717-005, representing the sale of bonds.
Balance of contract after collection costs $50,
Mrs. LoTempio moved:
Current disposal charges ($41.79 per ton)
That the communication from the Commissioner of Community
Total tons covered under the balance 1,200 ($50,035/$41.79)
Development dated April 28, 1998 be received and filed and
Total pounds covered under the balance 2,400,000
That the Commissioner of Community Development be and
(1,200 tons x 2,000 lbs.)
he hereby is authorized to engage the services of a Consultant
Total stops per year 14,680 (367 stops x 40 weeks)
to perform environmental testing at Franczyk Park. Funds are
Total pounds per stop collected under balance 165 (2,400,000
available in City Environmental Bond Account No 202-717-005.
lbs. / 14,680 stops)
PASSED
Total bags allowed under balance 5.5 bags per collection
AYES-12 NOES- 0
(165lbs. / 30lbs. )
Neither of the above figures include costs for container rental.
FROMTHECOMMISSIONEROFSTREETSANITATION
The purpose of this analysis is to show the costs associated
for providing collection services to the schools, and the need
NO.68
for re-negotiating their contract. Our Department is ready to
SALEOFEQUIPMENTTOBMHA
work with the schools to identify any cost saving measures that
The Department of Street Sanitation has been working the
we can. However, we must at least cover our costs for
Buffalo Municipal Housing Authority for approximately nine
operation and disposal.
months in coming to an agreement for the collection of solid
If you should have any questions regarding this analysis,
waste. In the past the Streets Department was collecting all
please contact our office. Thank you for your attention to this
solid waste from BMHA complexes using Streets department
matter.
labor and equipment.
REFERRED TO THE COMMITTEE ON EDUCATION AND
An agreement has recently been agreed upon by both the
THE CORPORATION COUNSEL
BMHA and the Streets Department, with the assistance of
Corporation Counsel, for the following terms:
FROMTHECOMMISSIONEROF
The BMHA will pay $43.00 per ton for all solid waste
ADMINISTRATIONANDFINANCE
dumped at the transfer stations
All BMHA solid waste will be collected by BMHA labor and
NO.70
two (2) trucks from the Streets Department to be sold the
INCREASEDAPPROPRIATION-DIV.INVENTORYAND
BMHA for a price of $10,000.
STORES($60,000)
Any solid waste collected from BMHA properties by the
This increased appropriation uses additional funds received
Streets Department will charged to the BMHA.
from the enterprise funds (through charges for postage costs)
The Streets Department would like to permission from the
to pay for postage costs required in association with mailings
Common Council to sell the following two (2) vehicles to
that they required. Postage is almost always budgeted on the
complete the agreement.
"light" side.
Truck # Year Make/Model Description
I respectfully request that your Honorable Body approve this
115 1991 Peterbuilt 320 31 cu. yd. Leach packer body
item.
1292 1987 Mack MR6885 25 cu. yd. Leach packer body
RECEIVED AND FILED
The price for this agreement will bring the current price of
$80,000 to approximately $250,000. This agreement will also
NO.71
save much needed labor which could be used in other areas of
INCREASEDAPPROPRIATION-DIV.INVENTORYAND
the department.
STORES:($7,552)
REFERRED TO THE COMMITTEE ON FINANCE AND
This increased appropriation uses funds from unspent
CORPORATION COUNSEL.
capital outlay in prior years to pay for a tire truck service body.
The Division of Inventory and Stores had enough capital outlay
NO.69
money to buy the truck chassis, but not enough to buy the body
BUFFALOPUBLICSCHOOLSOLIDWASTEAND
that will make the chassis able to function as a tire service
RECYCLINGCOLLECTIONCONTRACT
truck. It does not make sense to own "half a truck"; thus we
As per the request of the Education Sub-Committee, please
are asking your Honorable Body to assist in making the truck
let the following serve as an overview of the Buffalo Public
whole.
School solid waste and recycling collection services that our
I respectfully request that your Honorable Body approve this
Department currently provides, and the cost estimate for same.
item.
Some assumptions made for this analysis are:
RECEIVED AND FILED
1. Collection services for once per week collection have an
annualized cost of $103.44. If a school has multiple week
NO.72
collections, then the annualized cost would be the number of
AUDITREPORT-DIVISIONOFTREASURY
days served times $103.44 (i.e. 3 day per week collection x
ITEM#13,CCP4/14/98
$103.44 = $310.32 annualized collection costs for that
I have read the Division of Audit's report on Treasury
particular school).
operations for the period I/I/97 - 6/30/97. Below are detailed
2. Each bag of garbage generated by a school weighs
responses pertaining to each of the report's findings and
approximately 30 pounds.
recommendations.
Current Collection Practices
My general response to the audit would be that every one of
This does not include the additional services provided during
the findings has been addressed already, many of them
the summer months for those schools that have summer
completely.
programs.
In addition, I would point out that many of the findings are
Number of Schools86 (including the annex and service
- not about Treasury at all, but about other areas of the City. The
center) symptoms may show themselves in Treasury, but the origin of
Total Number of Stops per Week3 67 the problem in those cases is not in Treasury; thus, the main
-
effort toward a solution needs to be undertaken in an area or
55 schools have 5 day per week collection
areas outside of Treasury as well. I have tried to point this out
29 schools have three day per week collection
in general below and in the detailed comments associated with
1 school has once per week collection
each finding.
Annex has 3 day per week collection
I have divided the findings into groups to illustrate the above. the two biggest escrow agents. The next two biggest agents
Findings Addressed by February 28, 1998 will be using an electronic transfer but between themselves and
The first group are those findings that, as the Comptroller the lockbox. Thus, as of July 1998, upwards of 75% of our
mentions in his cover sheet, were addressed completely by the escrow payments will be electronically transferred, cutting
end of February 1998. The group includes findings pertaining down dramatically on the items that need to be processed
to: anywhere.
check numbering (Clearing) With respect to the last two recommendations, Treasury is
changes in signatures/payees (Clearing, Credit Card, in compliance with them now.
Parking Meter) Finding B - Parking Meter Account
reconciliation procedures for various accounts The payee on this account was changed on February 23.
use of reallocation procedures for paying bank fines We agreed to close this account in our exit conference on
IOU's March 24, 1998. This essentially makes the reconciliation and
Findings Addressed on March 24, 1998 Accounts Payable recommendation moot.
A second set of findings were clarified and addressed Finding C - Credit Card Receipt Account
completely during our exit conference with the comptroller’s This account was conceived of as temporary from its
staff on Tuesday, March 24. No further action is required of inception; it was intended to allow the separate tracking of the
Treasury at this point. This group includes findings pertaining then new use of credit cards for payment.
to: We agreed to close this account in our exit conference on
closing out the Credit Card Receipts account March 24, 1998. This essentially makes the reconciliation
closing out the Parking Meter receipts account recommendation moot.
Findings Worked on Since February 23--Progress Good Finding, D - Clearing Account
A third group of findings/recommendations has been the focus Blank check stock was prenumbered beginning 2/23/98.
of much work over the last 40 days, and is well on the way to Payee was changed 2/23/98; in order to use the accounts
being completely addressed. This group includes findings payable section, some automation needs to be done by Data
pertaining to: Processing.
parking meter collections Likewise, in order to have Accounting perform the bank
lockbox usage reconciliation, Data processing has to automate the
Findings Under Discussion - Complex Issues transactions. Treasury is happy to have Accounting do the
The last group of findings/recommendations have been reconciliations once this is done.
discussed in some detail, some beginning with the 1995 audit With respect to the closing of the clearing account, this
and some more recently. They are areas where the answers recommendation needs more analysis. It is not clear that the
are not clear--e.g. they require more analysis--or they are not City's bank fees would necessarily be reduced and its
simple-e.g. acting on them causes other problems and as such investment income increased by this move, as it might be that
they need to be looked at more carefully for alternatives. These the move leads to a greater delay in the availability of funds;
findings include those pertaining to: during our exit conference on March 24, 1998. we asked
centralized cash collections Accounting and Debt/Investment Management to perform a
closing the clearing account more in depth analysis of the issues raised by this
use of credit cards for tax, water, user fee recommendation. Once the analysis is complete, we will work
Findings Which Require Action Outside of Treasury/Admin. & together with the Comptroller's office to choose the best option.
Finance Finding E - Monthly Bank Statements
Addressing these findings requires work by a City Hall actor With respect to the first recommendation, this was corrected
outside the Treasury Division: on February 23, 1998; Treasury now freely requests
Lockbox usage - Data Processing reallocations of funds as need be to pay for bank service
Standard bank reconciliation form - Accounting, Data charges.
Processing With respect to the bank reconciliation form, Accounting and
Checks "issued, paid and outstanding" form - Data Data Processing are in the final stages of completing this form
Processing and procedure; once it has been completed, it will be used.
Automating manual recordkeeping - Data Processing, With respect to the "issued, paid, and outstanding" report,
Accounting Treasury is pleased to have one generated, and has in fact
T&A recordkeeping - Accounting, Line Departments been requesting same for many years--Data Processing needs
Revenue information - Accounting, Line Departments to act first to do this.
Trust monies investment/pooling - Law, Investment Finding, F - Accepting Credit Cards as Payment
Detailed Responses The administration's position is that the use of credit cards
Finding A - Increase Use of Lockbox should be pursued, but slowly, as there are multiple issues that
I have always been a supporter of increased lockbox usage. arise, especially when considering the use of credit cards for
Unfortunately, most of the work that is recommended in this items that are high dollar volume and that become real property
finding needs to be performed by Data Processing, not liens.
Treasury. Treasury is the "end of the line" for this issues--they As your Honorable Body is aware, the City currently accepts
merely receive what doesn't go through the lockbox. credit cards for parking tickets and licenses/permits.
Attaining a higher level of lockbox usage requires action by While I am open to discussing adding another area for credit
departments other than Treasury. In order to have more card use, I would not agree with the idea that Tax, Water and
payments go to the lockbox, Data Processing--the origination User fee should be that next area. I would instead opt for
point for all the invoices that the City generates--needs to make looking at areas like the City Clerk's office, where numerous
all of them fit onto a template that can be made scannable and transactions of low dollar amount could be paid by card.
needs to make sure that the return addresses on all of them are My concern with items such as taxes comes from the
the lockbox address, not the Treasury. following reality: first, credit card debt is troublesome for many
There was a meeting on March 31 to begin to address this individuals and families, often those with relatively low incomes
problem, and I am confident that with Data Processing's who have built up high interest charges. City taxes would fall
leadership we can move toward complying with the into that category and my fear would be that the City accepting
recommendation in the audit. those payments would encourage high credit card spending. I
I wholeheartedly support any and all efforts by Data have a great deal of concern about the implications of this
Processing and Collections to design and standardize City choice for low income people.
invoices so that they are able to be scanned, and to change all For this reason, I will continue to examine areas where
addresses contained on the invoices so that the lockbox accepting credit card payment improves the City's ability to get
address is the only address for remittance. Data Processing paid while not making life more difficult for our customers. I
should start with the high volume (# of payments) and high welcome the Council's comments on this issue.
dollar amount items such as delinquent taxes, delinquent user With respect to the last two recommendations, the City does
fee, etc. and move on from there. Treasury will continue to encourage the use of credit cards--where we accept them--but
handle walk-in, nonconforming payments and those low is not in favor of holding back the service or document at this
volume, low dollar amount items that remain. time. The amount of NSF checks that Treasury processes is
With respect to the "two envelope" issue, Data Processing about I% of total transactions. While the goal should be to
informed me on March 31 that the best solution will be to move have no NSF checks, this is not a high volume according to the
to a three envelope mailing as of July 1999 and that any other industry.
solution before that date is not feasible or practical. Finding G - IOUs
With respect to the "electronic transfer" of escrowed tax The first recommendation was complied with beginning
payments, we will be using that method for the first time in July February 23, 1998. Treasury now requests the Division of the
1998--direct between the mortgage servicer and the City--for Budget for an increased appropriation as need be.
The second recommendation has been requested by working with Accounting and Data Processing to finalize the
Treasury of Data Processing for approximately 20 years, system discussed in the audit. It is our understanding, and we
according to staff. We are completely in agreement with this discussed this in our March 24 exit conference, that the "bugs"
idea and stand ready to assist. are being worked out and the system should be available on or
The third recommendation is really a matter for the about May 1.
Accounting Division and the depositing department to address; Finding M - Investment of Trust Monies
what is needed is for the depositing department to include, on The Law Department did review the issue of combining trusts
the back of any checks they are pay in to Treasury, the exact in 1994, opining that they had to remain separate. We agreed
revenue account that the money is for. Licenses and Permits on our March 24 exit conference that the Law Department
does this; other departments do not. Treasury stands ready to would be asked again to look at this issue.
help in any way, but is not able to address this issue on its own; We also raised the fact that the largest single one of these
we discussed this in our March 24 exit interview and funds is $46,000, and that 3 of them are less than $10,000.
Accounting is aware of this issue. We are pleased to have the Investment Division do anything
The last two recommendations will be addressed that could increase earnings.
immediately. Some cash-approximately $25,000--is required to Finding N - Trust and Agency Accounts
be on hand, but the rest will be moved out. This is really not a finding about Treasury; we are happy to
Finding H - Parking Meters help in any way, but it appears that the initial effort needs to
This area has been the focus of a lot of work over the last 45 come from Accounting. Treasury is merely acting as a backup
days. I am pleased to report that all of the audit recordkeeper for those departments that were (apparently)
recommendations were complied with by March 18, 1998. inadequate in recordkeeping on their own.
In fact, with respect to the last recommendation, the City began My feeling is that the Accounting and Audit divisions should
to use more people for meter collection prior to that date. We pursue those departments in order to correct the primary
have appointed three of the four Parking Meter Coin collectors, problem; in this way, Treasury could reduce its own workload,
are using a zone system for collection and recording the which is duplicative. In the meantime, Treasury should
revenue daily, are accounting for all canisters daily (signing in continue to back up the records so that there is something to
and out), and are transitioning to a "vault... collection system--rely on.
where no collector touches money and cans are immediately REFERRED TO THE COMMITTEE ON FINANCE
replaced in the meter, not taken to City Hall. By the end of the
summer we should be fully operational in the vault collection NO.73
system. REQUESTATTORNEYGENERALINVESTIGATE
We have requested proposals for private meter collection; NIMOOVERCHARGING
the proposals are due in the week of April 13th, Depending on RES#195,CCP4/14/98
the quality and cost of what is proposed, we may recommend a Commissioner Giambra is in possession of the entire report
private collector in the Mayor's May I budget. generated by Niagara Mohawk's review of the 225 City
I would also like to inform your Honorable Body that we are accounts over the last year; this is the work that resulted in the
moving to replace all locks in the City's parking meters. We discovery of the three overbilled accounts. I presume he can
took this step for many reasons. The meter locks have not share it with your Honorable Body.
been changed since 1964, and while we have no reason to With respect to the total amount overcharged by Niagara
believe that there is a security problem--we have inventoried Mohawk for those three accounts, I am informed that the
and accounted for all of the keys that the vendor has shipped in Division of Buildings does not have actual records that go back
the last 9 years--we are not willing to live with 99% confidence 22 years. Any documentation as far as the City's records
about the 25 years prior to that. Funding for the new locks was would have to come from Buildings, and more recently (last 2
approved by your Honorable Body in late March; the new locks years) from the Comptroller's office. I have asked that
should be in place by the end of the fiscal year. Commissioner Giambra assemble as many years worth of data
While I realize that there was much to be done in the area of as is available, and to work with me to compare it to Niagara
meter collection, I believe that we are currently complying with Mohawk's calculations. I believe that we do have information
everything that the audit suggests, and that the operation will in going back at least 6 years, and that we can use that
a short time be very close to what we believe it should be. information to validate at least in part Niagara Mohawk's
Finding I - Centralized Cash Collections calculations.
Adhering to this recommendation is more complex than it I am in possession of Niagara Mohawk's estimates of the 22
sounds. The price of complete and literal centralization of cash year costs--all but 6 of which were generated through the use
collection is that customers are inconvenienced, as they must of a model that tries to recreate years 7-22, as Niagara Mohawk
move around City Hall longer (for instance back and forth does not have actual records either.
between the City Clerk's office and the Treasury twice, in the I believe that the next best thing for the City to do at this
case of a marriage license) in order to get their need met. I do point is to use our own information to verify the 6 year string of
not support inconveniencing the public if it is at all avoidable. numbers, and then--presuming that we believe the numbers
My feeling is that there is much "gray area”' short of that are somewhat accurate--try to negotiate the best total
complete centralization, involving controls on the collection and reimbursement that we can get from Niagara Mohawk. We will
deposit of cash (e.g. require all departments that accept cash obviously inform your Honorable Body of our findings and of
to record, deposit daily, and suprise audit them), remote any progress, and know that any proposed settlement needs
printing stations (e.g. clerk can print in treasury) locations, etc., Council approval.
that will move toward a more secure cash policy without With respect to the issue of the Powerchoice information
negatively affecting the customer or shifting the workload from and the proposed nondisclosure agreement, I believe that
the line departments to Treasury. Corporation Counsel has spoken with Niagara Mohawk's
I am pleased to, and plan on, talking further with the divisions attorneys and can update the Council on the issue.
of audit, accounting and data processing about this function. I trust this answers your question.
Again, I should point out that Treasury is not the primary actor REFERRED TO THE COMMITTEE ON LEGISLATION
here, but the line departments, accounting/audit and data.
I welcome Council comments on this issue. NO.74
Finding J - Drop Box/Night Deposit FALSIFYINGDISCLOSURESTATEMENTS
The drop box was made available beginning April 7 in ITEMNO.,130CCP9-2-97
Treasury. This letter is in response to your request from the March 24,
Construction of a night deposit is underway, with the work 1998, Civil Service Committee meeting. As per the decision of
done by the Division of Buildings to specifications developed the Honorable Robert C. Williams regarding PERB's
jointly among Buildings, M & T Bank and the security company application for injunctive relief and a decision of Administrative
that they use. I would estimate completion within 90 days. Law Judge Jean Doerr from Case No. U-16868, Article 18 of
Last, not recommended but underway is the proposal the General Municipal Law, S 806, 1(a) provides:
advanced by M & T to have some of their branch banks around The governing body of each county, city, town, village and
the City accept City payments. M & T will select approximately school district shall and the governing body of any other
4-5 branches located in different areas of the City for this work; municipality may by local law, ordinance or resolution adopt a
in this way, residents can avoid the trip to City Hall if they wish. code of ethics setting forth for the guidance of its officers and
We expect proposals back from M & T shortly. employees the standards of conduct reasonably expected of
Finding K - Voided Transactions them.
We will continue to work toward a I 00% compliance level. In 1987, the State Legislature added S 8 1 0 to Article 18
Finding L - Manual Recordkeeping and subsection 3 thereof defined those subject to the reporting
Treasury is completely in agreement with the requirements of a local code of ethics:
recommendation to automate these records, and has been The term "local officer or employee" shaft mean the heads
(other than local elected officials) of any agency, department, REFERRED TO THE COMMITTEE ON CIVIL SERVICE
division, council, board, commission, or bureau of a political
subdivision and their deputies and assistants, and the officers NO.78
and employees of such agencies, departments, divisions, USE340ELMWOODAVE.-COMMUNITYRESIDENCE
boards, bureaus, commissions or councils who hold policy- In regard to item 45 on the Common Council Agenda for
making positions, as annually determined by the appointing April 28, 1998, please allow me. to address a very sensitive
authority and set forth in a written instrument which shall be issue.. The residence at 340 Elmwood is currently a licensed
filed with the appropriate body during the month of February. boarding house in the City of Buffalo. The Veterans Housing
The definition of covered employees under the City's Code Coalition is looking to change the nature, of this residence to a
of Ethics is much broader and, to that extent, in excess of that transitional housing program for veterans leaving the hospital
required by Article 18 of the GML. As a result, for those before they become actual homeowners or apartment. dwellers
employees that haven't been required to file in the past, the City in our City.
of Buffalo can't unilaterally require employees, that don't meet At the present time, residents of the boarding house are not
the definition, to file financial disclosure statements. In subject to any more control than the, average person has over
contract negotiations with AFSCME Local 650, we currently their own neighbors. With the Veterans Transitional Housing
have a proposal submitted that would enable us to obtain the Coalition, a program that has many successful apartment
disclosure statements from the necessary employees. programs and housing units in the City of Buffalo, you have the
If you have any questions, you can contact, Brian Stocker, at opportunity to complain about problem residents that are not
4270. good neighbors -.and resolve the issues. 1, for one, Would feel
REFERRED TO THE COMMITTEE ON CIVIL SERVICE better knowing that I do have a voice to correct a bad situation.
'While there does seem to be a concentration of social
NO.75 services agencies in this area, each program deserves to be
CITYSEXUALHARASSMENTPOLICY evaluated individually and not painted with the same sweeping
#189,CCP3/31/98 generalization that seems to be taking place here. This is not a
The Administration's position on sexual harassment is, we soup kitchen, counseling program or drug addiction program-
feel, clear and strong: we do not condone and will not tolerate Instead this program supports veterans who were willing to give
any instance of sexual harassment, and we encourage any City their lives, for their country. Don't we owe them the. chance to
employee who feels that they have been harassed to make a become fruitful members of our society?
complaint as outlined in the policy and procedures that are Unfortunately, I can not be in attendance today due to a prior
posted conspicuously throughout City Hall. commitment. I do encourage all of you to vote with your head
I have referred your resolution, along with the City's current for a program that will be beneficial to the City and our
policy and procedure statement, to the Law department for their veterans. I encourage you to support this project.
guidance as to whether or not the definitions contained in the REFERRED TO THE COMMITTEE ON LEGISLATION
current policy are lacking in any way, including those that are
cited in the resolution. FROMTHECIVILSERVICECOMMISSION
We will of course make any change that is required once we NO.79
are advised that there is a problem, and we are grateful for the CONCERNEDOFFICERS-EXAMFORPOLICEDET.
suggestions made in the relocation. ITEM#95CCP3/31/981
I trust this answers your question. The Civil Service Commission was notified by the New York
REFERRED TO THE COMMITTEE ON CIVIL SERVICE State Department of Civil Service of the legislation signed into
law on June 2 5, 1997, regarding the matter of Wood v. Irving
FROMTHECOMMISSIONEROFHUMANSERVICES,for the position of Detective.
PARKSANDRECREATION The New York State Department of Civil Service notified all
local jurisdictions that, in view of the Court of Appeals decision
NO.76 in the Wood v. Irving case, local civil service agencies must
REPORTOFBIDS-FOOTOFONTARIOSTREETreview their detective positions to change classification where it
CONCESSION has been determined that this assignment constitutes a
C.C.P.#35,03/31/98 promotion as evidenced by factors such as enhanced pay,
As authorized by your Honorable Body this department benefits, and dignity of position.
prepared specifications for the Foot of Ontario Street The local jurisdictions were also notified to seek advisement
Concession. Advertisement and bids were handled and from their local Corporation Counsel.
received by the Division of Purchase. They are as follows: The Buffalo Civil Service Commission has worked closely
with the Corporation Counsel, Buffalo Police Department, and
NAME OF BIDDER AMOUNT Police Benevolent Association on this matter. On December 3,
1997, it was determined that the positions of Detective and
William Shylo $ 2,004.00 Detective Sergeant met the criteria described above and placed
110 Albemarle Street these positions in the competitive class requiring an exam to
Buffalo, New York 14207 achieve competitive permanent status.
James Karamonos $ 4,400.00 However, in accordance with the Governor's Bill, persons
90 Magnolia Street holding the position of Detective for 18 months or longer, on a
Lackawanna, New York 14218 permanent assignment, from the date the local Commission
Per page 8 of the proposal package, paragraph headed classified this position as competitive, were "grandfathered"
"Proposals Rejected" we are rejecting Mr. James Karamonos' into the position and do not have to participate in an exam to
high bid of $ 4,400. for failure to honor past bid/contract at keep the position.
LaSalle Park -- specific documentation attached. RECEIVED AND FILED
$16,723.23 per the City of Buffalo Outstanding Accounts
Receivable Report, Mr. James Karamonos, along with Mr. NO.80
Brent Karamonos, were the principal players involved in this CIVILSERVICECOMMISSION-EXTENDPOLICE
previous endeavor. LIEUTENANTELIGIBLELIST
We are enclosing a copy of both proposals with the RES#167CCP3/31/981
recommendation that Mr. William Shylo be granted the rights to The current eligible list for Police Lieutenant adopted on
this concession. Mr. Shylo has been a concessionaire for January 8, 1997, has been extended to January 8, 1999, at
many years at the Riverside Ice Rink and has never failed to which time it will expire.
fulfill all requirements including, especially, the payment of The two-year duration of said list was determined as a result
annual rent due the City. of the request of the Police Commissioner and the agreement
Upon your Honorable Body's approval we will proceed to of the Police Benevolent Association, which is the collective
draw up of a contract per the terms of the bid proposal bargaining unit for all. Police Officers who participated in the
package. exam.
REFERRED TO THE COMMITTEE ON FINANCE After several discussions with both the Buffalo Police
Department and Police Benevolent Association and upon
NO.77 mutual agreements of both parties, the Civil Service
CERTIFICATEOFAPPOINTMENT Commission determined the duration of said eligible list to be
Appointment effective April 20, 1998, in the Department of two years from the date of adoption, which they are authorized
Human Services, Division of Parks, to the position of Parks to do in accordance with Civil Service Law and Rules.
Superintendent, Permanent, Promotion at the Maximum The duration of the list was clearly stated on the examination
starting salary of $ 34,102 announcement which was available to all officers applying for
Franklin Salvo, 98 South Pontiac, Buffalo 14206 the exam. The announcement further stated the number of
anticipated vacancies during the life of the list to be five. As of NO.87
this date, seven appointments have been made. REPORTSOFATTENDANCE
A copy of the examination announcement is attached for I transmit herewith communications received by me, from the
your review. various boards, commissions, agencies and authorities
RECEIVED AND FILED reporting the membership attendance at their respective
meetings:
NO.81 City Planning Board
CITYSEXUALHARASSMENTPOLICY RECEIVED AND FILED.
#189CCP3/31/981
Please be advised that the Civil Service Commission was NO.88
not instrumental in the development of the City of Buffalo's NOTICESOFAPPOINTMENTS-COUNCILINTERNS
policy regarding sexual harassment. It is our understanding I transmit herewith appointments to the position of Council
that complaint procedures and resolution would be the Intern.
jurisdiction of the Director of Labor Relations and the Mrs. LoTempio moved the approval of the appointments to the
Department of Law, therefore, questions should be referred to position of Council Intern.
same. ADOPTED.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE Appointment Effective: April 15, 1998 in the Department of
Common Council Division of to the Position of Intern IV
FROMTHECITYCLERK Seasonal, Non-Competitive, at the flat Starting Salary of: $6.00
per hr.
NO.82 Mary E. O'Donnell, 56 Murnford ,Buffalo, NY 14220
MUNICIPALTELECOMMUNICATIONSORDINANCE
Attached is a copy of the latest draft Municipal NO.89
Telecommunications Ordinance developed earlier this year by NOTICESOFAPPOINTMENTS-SEASONAL/FLAT
the Town of Tonawanda. It was drafted after a great deal of I transmit herewith certificates received by me, reporting
discussion with various individuals, including representatives of seasonal and flat salary appointments made in various
the PSC and other NYS municipalities, and review by a departments.
telecommunications consultant. RECEIVED AND FILED.
I think that there are two key provisions in this ordinance:
1. It covers only facilities-based telecommunications BOARDOFSTADIUMANDAUDITORIUM
providers (not including cable TV companies) who own Appointment Effective: April 17, 1998, in the Department of
physical plant in the Right-Of-Way. 61-Stadium and Auditorium, Division of 1-North AmeriCare
2. The license-franchise distinction is based on the amount Park to the Position of Laborer I, Seasonal, Non-Competitive at
of plant in the ROW, not where they are coming from or going the Flat Starting Salary of: $ 6.22
to. If it is less than 2500 feet, a license is needed with a Kraig Jones, 122 A Willert Park Court, Buffalo, 14204
$10,000 annual fee; if it is more than 2500 feet, a franchise is Appointment Effective: April 21, 1998 in the Department of
required with a 1% of gross fee (same basis as gross receipts 61-Stadium and Auditorium Division of 1-North AmeriCare
tax) required. Park to the Position of Laborer I, Seasonal Non-Competitive at
I have also attached some responses from the flat Starting Salary of: $6.22
telecommunications providers to the draft ordinance. Sean Cunningham, 151 Wakefield Avenue, Buffalo, 14214
I think that this model MTO presents a very reasonable Samuel White, 51 Crestwood Avenue, Buffalo, 14216
overall approach, and that the City of Buffalo should prepare a Neil Egan, 135 Wilkes Street, Buffalo, 14215
revised draft MTO along these lines. I would welcome your
comments. DEPARTMENTOFPUBLICWORKS
REFERRED TO THE SPECIAL COMMITTEE ON
TELECOMMUNICATIONS AND THE OFFICE OF Appointment Effective April 16, 1998, in the Department of
TELECOMMUNICATIONS Public Works, Division of Engineering,to the Position of Marina
Dock Attendant, Seasonal, Appointment at the flat Starting
NO.83 Salary of $10.00
MAYORREPORTEDOUTOFSTATE Christopher Nasca ,12 Woodley Rd.,Buffalo, NY 14215
I transmit herewith a communication received by me from the Appointment Effective April 16, 1998 in the Department of
Mayor, reporting his absence from the state from Monday, April Public Works, Division of Engineering, to the Position of
27, 1998 from 7:06 a.m. until Tuesday, April 28th, 1998 at Laborer I, Seasonal, at the Flat Starting Salary of: $ 6.22hr.
12:35 p.m. James J. Francis, 137 Vandalia St., Buffalo, NY 14204
RECEIVED AND FILED.
DEPARTMENTOFHUMANSERVICES,PARKSAND
NO.84 RECREATION
AUTOALLOWANCE Appointment Effective: April 13,1998 in the Department of
The following departments have filed the required certificate Human Services, Parks & Recreation, Division of Youth
relative to the granting of automobile transportation allowances to the Position of Attendant, Temporary, at the Flat, Starting
for employees in their respective departments: Salary of: $ 5.15 p/h
Jeffrey Zirnheld, Division of Engineering Rebecca Harzewski, 73 Vernon, Buffalo 14214
RECEIVED AND FILED Michele Hoosier, 353 Woodlawn, Buffalo 14209
Appointment Effective April 16,1998 in the Department of
NO.85 Human Services, Parks & Recreation, Division of Parks, to the
LIQUORLICENSEAPPLICATIONS Position of Laborer, Seasonal, at the flat Starting Salary of
Attached hereto are communications from persons applying $6.92
for liquor licenses from the Erie County Alcohol Beverage John Kregg, 443 Linwood, Buffalo 14209
Control Board. Keith Plant, 152 Thompson, Buffalo 14207
Address Business Name Owner's Name Appointment Effective April 16,1998, in the Department of
Delaware Park Delaware Park Casino Armand DeBan Human Services, Parks & Recreation, Division of Recreation ,
1096-1098Elmwood Oune Vongprachanh Same to the Position of Laborer II, Seasonal at the flat starting salary
Symphony Circle Kleinhan's Music Hall J. Leone of $ 6.92
REFERRED TO-THE COMMITTEE ON LEGISLATION AND Willie Simmons, 81 Waverly, Buffalo 14208
CORPORATION COUNSEL. Alvin Thomas, 22 Mapleridge, Buffalo 14215
NO.86 Joseph Thompson, 140 Deerfield, Buffalo 14215
LEAVESOFABSENCEWITHOUTPAY Judith Zaccagnino, 178 Fenton, Buffalo 14206
I transmit herewith notifications received by me, reporting the Appointment Effective April 20,1998, in the Department of
granting of the leaves of absence without pay, in the various Human Services, Parks & Recreation, Division of Parks , to the
departments as listed: Position of Fee Collector, Seasonal at the flat starting salary of
Comptroller- CarIa Duke $ 5.15
Public Works- Charles Trimper, Patrick McNamara Evelyn Cardin, 41 Helen,Buffalo 14213
Police- Terry L. Abram, Sean P. Doctor, Vanessa Rowe, Arthur Kelly Haug,45 Armin Place,Buffalo 14210
Burgin, Christopher Dill Corey Krug,153 Shenandoah Road.Buffalo 14220
Street Sanitation- Frank A. Militello, Thomas Laudico Patricia Monaco, 168 Mariemont Ave, Buffalo 14220
RECEIVED AND FILED. Edward Woefle, 239 Parkside, Buffalo 14214
Walter Burshtynski, 126 Bird Avenue, Buffalo NY 14213
Bridget Granville, 57 Hanson, Buffalo 14220 Thomas Bardo 349 Davey - 14206
Catherine Long, 14 Vale Place buffalo 14220 Timothy H. Gorman 290 Downing - 14220
David Morey, 8 Taunton Piace, Buffalo 14216 Christopher W. Dill 7 Linview Terrace - 14216
Michael Wachowicz, 147 Barnard Buffalo I4206 David E. Wilds 153 Pries - 14210
Appointment Effective April 20,1998, in the Department of Gregory P. Blum 298 Eden - 14220
Human Services, Parks & Recreation, Division of Parks , to the Kenneth R. Sikora 83 Sheffield - 14220
Position of Laborer II, Seasonal at the flat starting salary of Ronald J. Barrett 197 Hertel Avenue - 14207
$6.92 Eric C. Harper 455 Colvin Avenue - 14216
Joseph Anastaio, 98 West Avenue, Buffalo 14201 Sean D. Eagen 99 Columbus - 14220
Jeffrey Bartels, 117 West Ryan, Buffalo 14210 Mark J. Flanagan 43 Hammerschmidt - 14210
Jerry Brinkworth, 205 Marine Drive, Buffalo 14202 Scott C. Hayden 136 Cumberland - 14220
Philip Nott, 54 Clifford, Buffalo 14210 James P. Hart 19 Macamley - 14220
Sarah Torres, 260 Roslyn, Buffalo 14215 Sean P. Doctor 79 Marine Drive - Apt. 2C - 14202
Appointment Effective April 20, 1998 in the Department of Joseph C. Flett 765 Tift - 14220
Human Services, Parks & Recreation, Division of Youth Christopher A. Ray 2202 Main Street - 14214
to the Position of Attendant, Temporary, at the Flat Starting Timothy M. Maloney 97 Sage - 14210
Salary of: $ 5.15 p/h Thomas B. O'Leary 100 Ryan Street - 14210
Cecil Edgerton, 195 Maple, Buffalo 14204 James J. Coughlin, Jr. 137 Sheffield - 14220
Appointment Effective April 22, 1998 in the Department of James J. Pierce 242 Tuscarora - 14220
Human Services, Parks & Recreation, Division of Youth Sean M. McKinnie 571 High Street - 14201
to the Position of Fee Collector, Seasonal, at the Flat Starting Michael C. Vitiello 366 Colvin Avenue - 14216
Salary of $5.15 per hour Jonathan D. Cohill 82 Oxford - 14209
John LoBuglio, 2310 South Park Avenue, Buffalo 14220 Wayne D. Bolden 248 Purdy - 14208
Appointment Effective: April 22, 1998, in the Department of David J. Burgin 79 Bruswick 14208
Human Services, Parks & Recreation, Division of Youth Gore J. Vidal 64 Lester - 14210
to the Position of Attendant, Temporary, Appointment at the Gerald W. Walls 168 Jewett - 14214
Flat Starting Salary of: $ 5.15 p/h Mark J. Serrano 42 Norwalk - 14216
Daryl Oliver, 673 Fulton, Buffalo 14210, Floyd B. Wilson 417 Cornwall - 14215
Sherry Gibson, 29 Newton, Buffalo 14212 Arthur Burgin 204 Keystone - 14211
Darius Huff, 76 Sussex, Buffalo 14215 Vernon E. Calander, Jr. 87 Hagen - 14211
Angela Cislaghi, 234 University, Buffalo 14223 Kathleen A. Granville 57 Hanson - 14220
Appointment Effective: April 22, 1998, in the Department of Carla Duke 115 Folger - 14220
Human Services, Parks & Recreation, Division of Parks to the Deborah A. Ernest 293 Cable - 14220
Position of Laborer, Seasonal, Non-Competitive at the Flat Wendy A. Majtyka 599 Marilla - 14220
Starting Salary of: $ 5.15 p/h Tammy L. Edin 19 Perkins Place - 14213
Dominic LoVallo 288 Dearborn Buffalo 14207 Appointment Effective April 13, 1998 in the Department of
Appointment Effective: April 22, 1998, in the Department of Fire, to the Position of Captain, Contingent Permanent,
Human Services, Parks & Recreation, Division of Youth to the Promotion at the Flat Starting salary of $52,296
Position of Supervisor,Temporary, Appointment at the: Flat, Thomas Coyne 19 High View Buffalo, 14220
Starting Salary of: $ 6.00 p/h Joseph Nowadly, 62 Wellington, Buffalo, 14216
Daniel Skinner, 179 Mackinaw, Buffalo 14204 Appointment Effective April 13, 1998 in the Department of
Fire, to the Position of Fire Lieutenant, Permanent, promotion at
NO.90 the flat Starting salary of : $49,769
APPOINTMENTS-TEMPORARY,PROVISIONALORDaniel McCarthy, 35 Hawthorne, Cheektowaga, NY 14227
PERMANENT Cephus Vaughn, 126 Mona Drive, Amherst, 14226
I transmit herewith Appointments in the various departments
made at the Minimum DEPARTMENTOFHUMANSERVICES,PARKSAND
(Temporary, Provisional or Permanent) and for Appointments RECREATION
at the Maximum (as per contract requirements) .
REFERRED TO THE COMMITTEE ON CIVIL SERVICE. Appointment Effective April 22, 1998 in the Department of
Human Services Parks and Recreation, Division of Parks, to
DEPARTMENTOFPUBLICWORKS the Position of Laborer, Permanent, Appointment, at the
Corrected Copy Appointment Effective April 20, 1998 to the Minimum Starting Salary of $10.45
Department of Public Works Division of Engineering to the Alra Staples, 57 Plymouth, Buffalo, NY 14201
Position of Engineering Aide, Permanent Appointment at the
Minimum Starting Salary of $24,083 NON-OFFICIALCOMMUNICATIONS,PETITIONSAND
Jeffrey A. Zirnheld, 655 Amherst St., Buffalo, NY 14207 REMONSTRANCES
Appointment Effective: April 20, 1998, in the Department of
Public Works, Division Of Engineering, to the Position of' NO.91
Engineering Aide, Permanent, Appointment, at the Minimum AFSCME-LOCAL650
Starting Salary of: $ 24,083 DENTALINSURANCE
Jeffrey A. Zirnheld, 655 Amherst St., Buffalo, NY 14207 Enclosed is a summary of events between the City of Buffalo
and Local 650 pertaining to the issue of the Union's Dental
DEPARTMENTOFPOLICE insurance.
Appointment Effective: April 13, 1998, in the Department of: We respectfully request an appearance before the Taylor
Police to the Position of: Report Technician, Permanent. Impasse Committee.
Appointment at the: Minimum Starting Salary of $ 23,705 Thank you for your cooperation in this matter.
Rene L. Granda, 235 Abbott Road #3, Buffalo, New York REFERRED TO THE TAYLOR LAW IMPASSE
14220 COMMITTEE.
DEPARTMENTOFFIRE
Appointment Effective April 13, 1998 in the Department of NO.92
Fire, to the Position of Firefighter, Permanent, Appointment at C.AGOLA
the minimum Starting salary of $31,792 LEGISLATION-DELI.1715JEFFERSON
Brian M. Monkelban 16 Fairchild Place - 14216 I am Counsel for the Hamlin Park Taxpayers Association.
Walter W. Majtyka III 599 Marilla Street - 14220 Upon request of Chairman Coppola I attached herein the
Andrew A. Hayes 95 Hollywood Avenue - 14220 proposed resolution discussed at the Common Council
Matthew S. Osinski 312 Newfield Avenue - 14207 Legislation Committee meeting on 4/22[98.
Richard E. Grochala, Jr. 337 Eden Street - 14220 REFERRED TO THE COMMITTEE ON LEGISLATION,
Joseph R. DeGrasse 931 Hertel Avenue - 14216 CORPORATION COUNSEL A10 ZONING BOARD OF
Ronald K. Bourgeois 120 Babcock - 14220 APPEALS.
Thomas P. Darling 96 Dunlop Avenue - 14215
Thomas J. Hauser 30 Bogardus - 14206 NO.93
Dennis C. Maciejewski 64 Unger - 14210 BUFFALOPLACEINC.
John R. Broderick 299 Wellington - 14216 ITEM#71,C.C.P.APRIL14,1998
Joseph A. Lembke 804 McKinley Pkwy. - 14220 "DOWNTOWNSPECIALDIST.
Kyle J. Zappia 7 Hines Street - 14220 REVISEVEND.SITES98-99"
Gregory M. Bodkin 134 Hamburg - 14204 Per your correspondence dated April 17, 1998, please
accept this letter as Vindication that we are aware of and in departments that demanded millions of dollars in damages be
approval of the proposed changes to the Downtown Special awarded him. King, Horvatits and Hurd in turn met with The
District Revised Vending Map for 1998-99 as submitted by the City law department and testified on it's behalf in Supreme
Department of Community Development. If you have any Court. Through the competency of the corporation counsel and
questions regarding this matter, please do not hesitate to assistance from the three female employees (along with other
contact us. witnesses), the matter was rightfully concluded in favor of The
REFERRED TO THE COMMITTEE ON FINANCE City, et al. We also made themselves available to the Attorney
General I s Of f ice f or their investigation.
NO.94 So what happened after all this assistance and cooperation
CITIZENADVISORYGROUPTOTHEPOLICEby the three female employees? Everyone disappeared. Once
COMMISSIONER the decision by Commissioner Margarita Rosa was rendered,
THIRDANNUALSTATEMENT-CRITICALNEEDSOFthe Father Belle Community Center appealed to the Appellate
POLICEDEPT. Division. They never perfected their appeal in the proper
On behalf of the Citizen Advisory group to the Police amount of time, so an automatic dismissal was issued.
commissioner, I respectfully submit our third annual statement However, because the NYS Division of Human Rights had also
of Critical Needs of the Buffalo Police Department made a motion at the same time as the appeal to have the
We believe that law enforcement issues are of utmost Commissioner's order become an enforceable judgment, this,
importance to the well-being of our city, and as such are worthy too, was automatically dismissed. Knowing the legality of the
of significant attention. Some of the views we have expressed appeal process, numerous telephone calls were placed to the
here will be easy for you to agree with, while others you may responsible party at the Division of Human Rights regarding the
find somewhat more controversial. We hope our statement will enforcement process of the order once the appeal had not
generate some discussion of all of these very important issues, been perfected. Although much time and effort was expended
and would very much appreciate hearing whatever reaction you during the hearing process, these inquiries were now being
might have. ignored, and it was not until a letter was sent to General
REFERRED TO THE SPECIAL COMMITTEE ON POLICE Counsel Lawrence Kunin, Esq., on March 22, 1995, that the
REORGANIZATION/OVERSIGHT.' requests were given attention, which still took another 4 months
for appropriate action. At that point, a motion had to be made
NO.95 to reopen the appeal (vacate the automatic dismissal) to allow
A.COPPOLA the motion to become a perfected enforceable judgment. This,
REHEARINGONPOWERCHOICE in turn, also allowed the Father Belle Center, et al., an
Attached is a copy of the joint petition for a rehearing on additional opportunity to perfect the appeal they had filed over 2
PowerChoice. I am part of the petition as a representative of years previously.
the City of Buffalo and have made copies for my colleagues on As stated prior, this appeal was denied and the enforcement
the Common Council. judgment granted. However, still continuing on with the
REFERRED TO THE COMMITTEE ON LEGISLATION dissatisfaction of justice being dispensed, it did not end there.
Human Rights has a special division that enforces and
NO.96 collects judgments. They sent out subpoenas to freeze the
KING,HORVATITUS&HURD bank accounts of Father Belle to try to get some sort of results
VITOCARUSO&FR.BELLECOMMUNITYCENTER in relation to payment of this judgment continuously ignored
This letter is being sent for filing and reading/presentation at even though duly notified of the Court decisions and their
the next council meeting: responsibilities. The Center decided to file bankruptcy. At this
As I am sure you are all aware, Commissioner Margarita point, Human Rights "washed their hands" of us and we had to
Rosa from the NYS Division of Human Rights rendered a seek private counsel. This bankruptcy petition was filed April
decision and order against "Fr. Belle Community Center and 3, 1997--a little over 1 year ago--and is still pending.
its agents; Vito Caruso, Executive Director and Board of As you are aware, the Father Belle Community Center has
Directors" and the Center's successors for damages in a filed a Chapter 11 petition wherein payments can be made to
sexual harassment case lodged by three former female creditors under same. However, no firm plan has been given to
employees. This decision was dated March 12, 1993, and the Trustee as the Bankruptcy Act requires regarding these
came after numerous months of discovery, testimony and payments to date. Also, the now Executive Director, Modesto
cross-examination that spanned a period of 6 years. Among Candelario by his attorney has stated that he has diligently
other directives pertaining to perfecting sexual harassment endeavored to find additional funding through The City and
policies, etc., they were ordered to pay a total of $181,169.60 in State to pay this judgment against the Center but has basically
monetary damages. Not only was this decision rendered, but been turned down by every department he has approached.
the Appellate Division of the Supreme Court, State of New There is also no insurance available to pay this judgment
York, Fourth Judicial Department, affirmed the Commissioner's because proper notification by the Center of legal action being
decision and granted enforcement of the monetary judgment, instituted was never given to the insurance agent when this
all in a 7 page, ground breaking opinion setting forth employer's matter commenced. Further, the insurance company feels that
responsibilities regarding sexual harassment. The NYS Court this is an employer/employee relationship of an intentional
of Appeals also denied Father Belle the permission to appeal nature not governed under their insurance policy. Clearly the
from this decision, and all legal avenues to reverse the judgment does not say this specifically and as of 4 months
Commissioner's order were thus exhausted. now, even the insurance carrier has not issued a written denial
These decisions, opinions and judgments were rendered in of this claim.
favor of the female employees, King, Horvatits and Hurd, even After numerous adjournments, there is now an Order that a
though certain council members termed the repremandatory plan be submitted or perfected by June 30, 1998, or the
actions of Caruso and the Fr. Belle Center taken immediately Chapter 11 petition will be dismissed. The Father Belle Center
after the institution of the investigation to be an "over-reaction" will then try to convert the case into a Chapter 7 proceeding
and stating the "Board acted responsibly". Presiding Appellate wherein no creditors will be paid. At this point, complainant's
Justice Hon. M. Dolores Denman, Administrative Law Judge attorneys plan on opposing such petition on the grounds that
William E. Straub and Commissioner Margarita Rosa the judgment granted, as per the decision and opinion of the
disagreed. Appellate Division, was due to an intentional act embodied in a
But are you also aware of the fact that this monetary court order, and, therefore, not dischargeable under the
judgment has not yet been paid--over 5 years after the original bankruptcy laws. Further, the judgment itself is against
order was rendered? Not only has it not been paid, but there FATHER BELLE COMMUNITY CENTER, IT'S EMPLOYEES,
has also been no assistance by anyone to assure that payment SERVANTS, AGENTS, SUCCESSORS AND/OR ASSIGNS.
be had. The attitude seems to be--Well, we tried, but what can Counsel, if necessary, will obtain payment on this Appellate
we do? We had the "guts" to stand up against a man and a Division affirmed judgment against each of the above.
community center that is well known in the community and The Father Belle Center has stated they have no money to
political arena and say, "No more." With proper moral support, pay this judgment and no funding source will help them with the
we dredged onward for an outrageous 6 years period toward a payment of same. But we ask you this question, where did
favorable decision, and then another 4 years until all legal they come up with the funds over the 11 year period of time for
avenues available to the respondents had been exhausted. attorney representation, the costs of perfecting an appeal to the
And during all this time, we assisted and cooperated with Appellate Division and to continue to pay for representation on
everyone who wanted us to-including the City of Buffalo Law the Chapter 11 bankruptcy petition?
Department. But where is the City of Buffalo now that its So there you have it. Almost 11 years later, we are no
assistance is needed? farther along in terms of justice than we were when the matter
To refresh memories, Vito Caruso instituted a few various began. Although people are willing to listen, no assistance, as
law suits against The City and certain key members and was offered by us previously to help others in their endeavors,
is being offered to us. WE NEED THE COUNCIL'S HELP, again this year during the Allentown Art Festival.
COOPERATION AND ADVICE AT THIS TIME. Please let me know at your earliest convenience if you have
And Vito Caruso? Where is he now? Well, if you do not any questions or need more information. Pictures of last year's
know, according to an article in The Buffalo News dated April "Aspiring Artists" activity are enclosed (we did note with some
12, 1998, he (owns) and operates the Happy Days Child Care interest the presence of radio stations broadcasting at the
Center at 484 Niagara Street, (apparently with The City and Festival last year; see pictures and the presence of
State's blessings). He also heads Diversified Industries, the loudspeakers) . Please forward copies of this letter to all
legal owner of the Niagara Street day care building that the city members of the City Council for consideration and review. I
is looking at for purchase as part of their redevelopment look forward to hearing from you or someone from your office
project. From our point of view, Caruso now stands to not only soon to discuss this matter. WKSE, Walgreens and Crayola
make a good sum of money but to also be put back into a look forward to once again providing a unique, safe and fun
position to control the proposed "one-stop shopping center for activity for children and their families during the 1998 Allentown
day care, job training and other support services". This seems Art Festival.
to be fitting justice for this man, huh? Thank you for your attention and assistance in this matter.
We ask The City, how can you, as our representatives allow REFERRED TO THE COMMITTEE ON FINANCE,
this to continue and offer no assistance or input. If it is CORPORATION COUNSEL, AND SPECIAL EVENTS
because you were unaware of the situation at this point, this ADVISORY COMMITTEE.
has now been rectified. Will you now offer us assistance and
justice as we did for you many years ago? NO.98
REFERRED TO THE CORPORATION COUNSEL. LTVSTEELCOMPANYINC.
STEELMANUFACTURINGSITE-DONNERHANNACOKE
NO.97 YARDPARCEL
KISS98.5 NYSDECINACTIVEHAZARDOUSWASTESITE#915017
TIMINGARTISTS"-WALGREEN'SPKG.LOT- NOTICEOFSUBSTANTIALCHANGEOFUSE
ALLENTOWNARTFESTIVAL Enclosed for your review as Attachment A is a brief
In 1996 and 1997, WKSE Radio, Walgreens and Crayola description of a construction project that LTV Steel Company,
conducted a children’s activity, "Aspiring Artists", in the Inc. and the Hanna Furnace Corporation plan to implement on
Walgreens parking (Delaware & North) lot in conjunction with the Steel Manufacturing Site (the Site) in the Summer of 1998.
the Allentown Art Festival. The purpose of this activity has The proposed construction activity (i.e., coke removal and
been to provide young children the opportunity to color and berm demolition) is consistent with the Voluntary Cleanup
perform other simple "arts and crafts" activities in a safe and Agreement currently being negotiated for the Site. This notice
comfortable environment during the Festival. is being provided to the New York State Department of
Last year, the Festival Committee declined to approve this Environmental Conservation (NYSDEC) and other concerned
activity, at first citing their concerns regarding the seeming parties in accordance with 6 NYCRR Part 375-1.6.
violation of a Festival rule regarding the prohibition of "radio and Please feel free to contact us if you have any questions.
television broadcasts on the public streets or out-of-doors on RECEIVED AND FILED
adjacent private property without the permission of the event
sponsor". Upon notification of this concern by Sean Hill of Hill NO.99
& McCready, WKSE withdrew any reference to itself in the PASCHAMANN
promotion and execution of the event. When Mr. Hill and the BURKEBROS.CONSTRUCTION
Allentown Village Society were notified of this change, and Attached are cover letters concerning Burke Bros.
were asked by us for a review of our revised application to Construction, Co. Inc. about property of myself at 757 East
conduct this event, our request was again denied. In a letter Eagle Street to other City Officials and a matter brought up to
dated June 12, 1997 to Al Green, Director of Sales for WKSE the entire Common Council on March 17, 1998.
Radio, Mary Myszkiewicz, President of the Allentown Village Thank you and God Bless You.
Society, Inc., explained that the request had been denied once REFERRED TO THE COMMITTEE ON COMMUNITY
again, this time based on the Society's concern that 11 ... it is a DEVELOPMENT AND DEPARTMENT OF COMMUNITY
promotional activity for Crayola. This is not allowed under the DEVELOPMENT.
resolution passed by the Common Council under the section
"Be It Finally Resolved". NO.100
In other words, our request to conduct this activity was R.STANLEY
declined twice for two unrelated reasons. Somewhat RESPONSE&STATEMENT-LEGISLATION
surprisingly (to us), Ms. Myszkiewicz concluded in her letter COMMITTEEMEETINGMAY5TH,1998
that 11 ... the large crowd discourages families to bring young Please be advised that my client Rosa Stanley of 1570 Main
children to the Festival". It would seem that a benign and Street owner of Empire Pawn Broker II wishes to make oral and
pleasant activity conducted in the large, protected Walgreens written statements in contravention of any statements made in
parking lot, at tables under tents with adult supervision and the writing (submission to committee of complaint forms or given
participation of parents with their children would help resolve orally into the record by persons at the meeting of April 217
the concern the Society seems to have regarding the safety 1998). In brief we wish to put into the record at the meeting the
and comfort of children and families at the Festival. actual facts as they occurred given as part of any and all
WKSE Radio, Walgreens and Crayola are once again complaints at the meeting of April 21, 1998 and March 24,
requesting permission to conduct the "Aspiring Artists" activity 1998 (meeting held at East Ferry St. and Humboldt Parkway).
during the 1998 Allentown Art Festival. WKSE Radio will not REFERRED TO THE COMMITTEE ON LEGISLATION
be mentioned by name in any broadcast or printed promotional
activity, nor will it have any presence at the event itself, other NO.101
than supplying unidentified staff to help run the event. There TCI
will be no music playing. Walgreens will host the event, as it CORRECTION-CUSTOMERTELEPHONECALLS
has done in the past. Crayola will be providing art supplies Please accept this letter as a formal notice to modify the
such as crayons, finger paints, paper, etc., and small prizes for April 8, 1998 letter submitted to Thomas Tarapacki and filed
participating children. Crayola pays a promotional fee to with your office in connection with the Adelphia/TCI
WKSE Radio to promote the activity to help Walgreens transaction.
conduct the event. "Aspiring Artists" has! in its two years, Item number 6 of the above-referenced letter incorrectly
provided a welcome "sit down" interactive activity for parents states, "Customer telephone calls will be taken at the new
(grandparents, uncles, aunts, cousins, guardians, etc.) and Adelphia regional call center located at the Appletree facilities
children. in West Seneca and East Aurora." As discussed at the April 9,
While we do understand the Society's need to control the 1998 public meeting, this sentence should be replaced with the
activities which take place during the Festival to maintain the following sentences: "Customer telephone calls will be taken at
thematic integrity of this outstanding and unique event, we are the new Adelphia regional call center located at the Appletree
somewhat taken aback by the Society's "letter of the law" Business Park in Cheektowaga. Tentative plans have most
reading of the rules to prevent our activity from taking place. administrative and engineering departments as well as the
What possible harm is the "Aspiring Artists" activity doing to technical dispatch department located at the TCI office on
the Festival? Further, isn't this the very kind of activity the Chicago Street. Technical operating centers will be maintained
Festival needs to help counter the impression that the Society at the Adelphia facilities located in West Seneca and East
itself holds that the Festival "discourages families to bring Aurora."
young children to the Festival"'> There are no other corrections to the letter. If you have any
Please consider this letter a formal application for approval questions or comments, please contact me at (732) 560-7609.
from the City Council to conduct the "Aspiring Artists" activity REFERRED TO THE SPECIAL COMMITTEE ON
TELECOMMUNICATIONS AND TELECOMMUNICATIONS
CIVILSERVICE
NO.102 (BEVERLYA.GRAY,CHAIRPERSON)
TCIOFNEWYORK,INC.
NOTICEOFPRICECORRECTION NO.108
Attached please find the notice of price correction that TCI COMPLAINTPROCESS
of New York placed with THE BUFFALO NEWS. (ITEM#73,C.C.P.FEBRUARY,17,1998)
This notice of price correction ran in the newspaper for 5 That the above mentioned item be and the same is hereby
consecutive days commencing Thursday, April 9, 1998 and received and filed
continuing through all of today's editions. This was placed in ADOPTED
direct response to a printing error on our rate card that was
recently mailed to our customers. The printing error was in the NO.109
area of nonrecurring charges and DID NOT affect the REQUESTCOURTS-HALTDELAYS
regulated basic or expanded basic tiers of services. The RESIDENCYLAWBREAKERS
printing error was in the area of upgrades and downgrades. (ITEM#131,C.C.P.SEPTEMBER02,1997)
If you have questions or need clarification, please contact That the above mentioned item be and the same is hereby
me at 843-8030 or Mary Margaret April at 8438040. TCI received and filed
continues to be committed to providing quality cable television ADOPTED
service to the residents of the City of Buffalo.
REFERRED TO THE SPECIAL COMMITTEE ON NO.110
TELECOMMUNICATIONS AND THE OFFICE OF INFO-HIRING/SELECTIONPROCEDURES(CS)
TELECOMMUNICATIONS. (ITEM#85,C.C.P.APRIL14,1998)
That the above mentioned item be and the same is hereby
NO.103 received and filed
TCIOFNEWYORK,INC. ADOPTED
SHOWCASESCHOOL
As requested, this letter is to serve as a confirmation of TCI NO.111
of New York's (”TCI”)') intention to proceed and commitment to REQ.ORD.-FALSIFYINGDISCLOSURESTATEMENTS
complete the Showcase School project as contemplated by (#130,9/2)
TCl's December 12, 1995 letter previously forwarded to your (ITEM#135,C.C.P.MARCH03,1998)
attention (copy attached). That the above mentioned item be and the same is hereby
As discussed at the April 17, 1998 public workshop session, received and filed
TCl will construct the Showcase School at the Buffalo ADOPTED
Academy for the Visual and Performing Arts located at 333
Clinton St., as unanimously resolved by the City Council in NO.112
Resolution No. 185 on February 6, 1996 (copy attached). APPT.CELLBLOCKATTENDANT(INTER)(POL)
If you have any questions or concerns regarding this matter, (ITEM#59,C.C.P.MARCH31,1998)
please do not hesitate to contact me at (732) 356-1010 ext. That the above mentioned item be and the same is hereby
5109. received and filed
REFERRED TO THE SPECIAL COMMITTEE ON ADOPTED
TELECOMMUNICATIONS AND THE OFFICE OF
TELECOMMUNICATIONS. NO.113
APPOINTMENT-STREETWORKER
NO.104 (ITEMNO.78,C.C.P.,APR.14,1998)
C.ZANE That the above item be, and the same hereby is, returned to
MEDICALBENEFITS-RETIREDBLDG.INSPECTOR the Common Council without recommendation.
On the first day January, 1991, l retired from the Inspections Mrs. Gray moved:
Department as a Building Inspector. That the appointment of Jules A. Stover stated above at the
In my 21 years of service I worked as a Building Inspector, Intermediate salary of $23,909.00 effective March 31, 1998.
Chief Building Inspector, Coordinator of Development Plans Passed.
and various/ jobs enforcing the Building codes of the City of AYES-12, NOES-0
Buffalo.
When I retired I signed an agreement that spelled out NO.114
the benefits I would enjoy in my retirement, among which was APPOINTMENTS-STREETWORKERS
co payment of drugs. (ITEMNO.79,C.C.P.,APR.14,1998)
A week ago I received a new policy that stated “no drugs". That the above item be, and the same hereby is, returned to
I request your Honorable Body restore my co payment on the Common Council without recommendation.
drugs, as before. Mrs. Gray moved:
Thank you for your attention to this matter. That the appointments of Charles J. Berthiaume and Robert
REFERRED TO THE COMMITTEE ON CIVIL SERVICE M. Bouquard stated above at the Maximum salary of
AND THE COMMISSIONER OF ADMINISTRATION AND $27,177.00 effective March 31, 1998.
FINANCE Passed.
AYES-12, NOES-0
PETITIONS
NO.115
NO.105 APPOINTMENT
Westwood Pharmaceuticals, owner, petition to use 36 REFUSECONTRACTCOORDINATOR
Danforth for a Parking Lot. That Communication 80, April 14, 1998 be received and filed
REFERRED TO THE COMMITTEE ON LEGISLATION, THE and the Provisional appointment of Eli Hazzen stated above at
CITY PLANNING BOARD AND THE COMMISSIONER OF the Maximum salary $26,317.00 effective on April 14, 1998 is
COMMUNITY DEVELOPMENT hereby approved.
PASSED
NO.106 AYES-12, NOES-0
Hodge Properties, Inc., owner, petition to use 459-467 NO.116
Elmwood for a sit-in restaurant. APPOINTMENT
REFERRED TO THE COMMITTEE ON LEGISLATION, THE TELLER
CITY PLANNING BOARD AND THE COMMISSIONER OF That Communication 81, April 14, 1998 be received and filed
COMMUNITY DEVELOPMENT and the Provisional appointment of Michelle M. Scibetta stated
above at the Intermediate salary $26,364.00 effective on April
NO.107 6, 1998 is hereby approved.
500 Furhrmann Blvd., owner, petition to use 500 Furhmann PASSED
for a billboard. AYES-12, NOES-0
REFERRED TO THE COMMITTEE ON LEGISLATION, THE NO.117
CITY PLANNING BOARD AND THE COMMISSIONER OF APPOINTMENT
COMMUNITY DEVELOPMENT TELLER
That Communication 82, April 14, 1998 be received and filed
REGULARCOMMITTEES and the Provisional appointment of Joyce Quackenbush stated
above at the Maximum salary $27,136.00 effective on April 20, the Committee on Finance.
1998 is hereby approved. ADOPTED.
PASSED NO.127
AYES-12, NOES-0 FORGIVETAXES-345TACOMA(CC)
(ITEM#44,C.C.P.MARCH17,1998)
NO.118 That the above mentioned item be and the same is hereby
APPOINTMENT received and filed
ASSISTANTFIREALARMDISPATCHER ADOPTED
That Communication 91, March 31, 1998 be received and
filed and the Provisional appointment of David Manuella stated NO.128
above at the Maximum salary $47,073.00 effective on March RESCINDGRASSCUTTINGCHG.-498MONROE
21, 1998 is hereby approved. (ITEM#259,C.C.P.FEBRUARY17,1998)
PASSED That the above mentioned item be and the same is hereby
AYES-12, NOES-0 received and filed
ADOPTED
NO.119
NOTICEOFAPPOINTMENTS-TEMP./PROV./PERM. NO.129
(ITEM#94,C.C.P.APRIL14,1998) PAYPHONEAPPLICATIONS(8)BELLATLANTIC
That the above mentioned item be and the same is hereby (ITEMNO.37,C.C.P.,APR.14,1998)
received and filed That the Common Council does hereby denies licenses to
ADOPTED Mr. Douglas Mutton, Account Executive with Bell Atlantic, 200
NO.120 Langer Road, West Seneca, New York, for payphones at 2038
CONCERNEDOFFICERS-EXAMFORPOLICEBailey Avenue, 442 Elmwood Avenue, 1120 East Ferry Street,
DETECTIVE 1861 Hertel Avenue and 1221 Sycamore Street; and
(ITEM#95,C.C.P.MARCH31,1998) That the remaining payphone applications for 2870 Bailey
That the above mentioned item be and the same is hereby Avenue, 1164 West Avenue and 900 Niagara Street will be
received and filed recommitted to the Committee on Finance.
ADOPTED ADOPTED
NO.121 NO.130
CONCERNEDOFFICERS-EXAMFORPOLICEOFFICERSFUNDINGPURCH.OFK'9S(POL)
(POL) (ITEM#54,C.C.P.MARCH31,1998)
(ITEM#39,C.C.P.APRIL14,1998) That the above mentioned item be and the same is hereby
That the above mentioned item be and the same is hereby received and filed
received and filed ADOPTED
ADOPTED NO.131
122 WAIVEBIDDINGPROCESS-K-9DOGS,ETC.
APPOINTMENT (ITEMNO.55,C.C.P.,MAR.31,1998)
CELLBLOCKATTENDANT That the Common Council waive the normal bidding process
That Communication 41, April 14, 1998 be received and filed for the purchase of five(5) new K-9 dogs for the Police
and the Permanent appointment of Dwight L. Daniels stated Department.
above at the Intermediate salary $25,023.00 effective on March Mrs. Lotempio now moved: that the above motion be amended
9, 1998 is hereby approved. to read.
PASSED That the Common Council waive the normal bidding process
AYES-12, NOES-0 for the purchase of one(l) new k-9 dog for the Narcotic Division
NO.123 of the Police Department, and
REQUESTCIVILSERVICECOMMISSIONTOEXTEND That the remainder of the item be referred to the Committee
CURRENT on Budget.
POLICELIEUTENANTELIGIBLELIST Seconded by Mr. Zuchlewski
(ITEMNO.167,C.C.P.,MAR.31,1998) PASSED
That this Common Council requests the Civil Service AYES- 12 NOES- 0
Commission to extend the expiration date of the current Police
Lieutenant Eligible fist for an additional one (1) year; and NO.132
That the Buffalo Police Department, the Police Benevolent WAIVEBIDDINGPROCESSK-9DOGSETC.(POL)
Association, and the Civil Service Commission seek to promote (ITEM#429,C.C.P.APRIL14,1997)
officers from the 1997-1999 list, in conjunction with any future That the above mentioned item be and the same is hereby
Police Lieutenant openings. received and filed.
ADOPTED ADOPTED
NO.124 NO.133
CIVILSERV.COMM.EXTENDEDPOL.LT.ELIGIBLEREPORTOFAUCTION-2930AND2950BAILEYAVENUE
LIST(POL) (ITEMNO.14,C.C.P.,APR.14,1998)
(ITEM#40,C.C.P.APRIL14,1998) That the above item be, and the same hereby is returned to
That the above mentioned item be and the same is hereby the Common Council without recommendation.
received and filed Mr. Franczyk moved:
ADOPTED That the offer from Ms. Rosanne Lettieri, of Dreamco
NO.125 Development Corp., 100 Stradtman Street, Cheektowaga, in
SALARYORDINANCEAMENDMENT the sum of Eighty-Two Thousand Five Hundred Dollars
ENTERPRISEFUND ($82,500.00 ) to purchase the properties described as 2930
98-0DIVISIONOFWATER Bailey, (Former Precinct # 16 including Firehouse) and 2950
015DISTRIBUTIONSYSTEM Bailey (Former Precinct # 16 Parking Lot), are hereby
(ITEMNO.205,C.C.P.,APR.14,1998) accepted; and
That the above item be, and the same hereby is returned to That a tax and title search or survey will not be provided to
the Common Council without recommendation. the purchaser; and
Mrs.Gray moved that the above item be recommitted to the That the purchaser will pay for the transfer tax, recording
Committee on Civil Service. fees and cost of the legal description; and
ADOPTED. The buyer will be required to pay a ten percent (10%) buyer
premium to Cash Realty and Auction; and
FINANCE That all property taxes of the purchaser must be paid and the
(DAVIDA.FRANCZYK,CHAIRMAN) property must be maintained to Code; and
That the Corporation Counsel be authorized to prepare the
NO.126 necessary documents for the transfer of title and that the Mayor
LEASE-1269GENESEESTREET be authorized to execute the same, in accordance with the
(ITEMNO.20,C.C.P.,JULY22,1997) terms of sale upon which the bids were submitted.
(ITEMNO.106,C.C.P.,OCT.14,1997) PASSED.
(ITEMNO.75,C.C.P.,JAN.6,1998) AYES-12, NOES-0
That the above item be, and the same hereby is returned to
the Common Council without recommendation. NO.134
Mr. Franczyk moved that the above item be recommitted to BIDS-SHEA'SPERFORMINGARTSCENTER-STAGE
EXPANSION (ITEMNO.63,C.C.P.,APR.14,1998)
(ITEMNO.20,C.C.P.,APR.14,1998) That the above item be, and the same hereby is returned to
That the Commissioner of Public Works be, and he hereby is the Common Council without recommendation.
authorized to award an emergency contract for the Shea's Mr. Franczyk moved that the above item be recommitted to
Performing Arts Center, Stage Expansion Project, to C.I.D. the Committee on Finance.
Refuse Service, Inc., the lowest responsible bidder in the ADOPTED.
amount of $173,400.00, with said cost to be charged to CPF NO.142
292-402-501. REPORTOFAUCTION-164WATSON
PASSED. (ITEMNO.64,C.C.P.,APR.14,1998)
AYES-12, NOES-0 That the above item be, and the same hereby is returned to
NO.135 the Common Council without recommendation.
REPORTOFAUCTION-2453BAILEYAVENUE Mr. Franczyk moved that the above item be recommitted to
(ITEMNO.54,C.C.P.,APR.14,1998) the Committee on Finance.
That the above item be, and the same hereby is returned to ADOPTED.
the Common Council without recommendation. NO.143
Mr. Franczyk moved that the above item be recommitted to the CHANGEINCONTRACT-NYSCLEANWATERBONDACT
Committee on Finance. -BROWNFIELDS
ADOPTED. (ITEMNO.66,C.C.P.,APR.14,1998)
NO.136 That the Commissioner of Community Development be, and
REPORTOFAUCTION-920EASTDELAVANAVENUE he hereby is authorized to issue a change order, to Ecology
(ITEMNO.56,C.C.P.,APR.14,1998) and Environment Engineering, P.C., an increase in the amount
That the offer from Ms. Martha J. Williams, of 905 East of $30,000.00, as more fully described in the above
Delavan Avenue, in the sum of Three Thousand and Five communication, for work relating to contract for work with New
Hundred Dollars ($3,500.00 ) to purchase the property York State Clean Water/Clean Air Bond Fund for sites on
described as 920 East Delavan Avenue, be and hereby is Liberty, E. Ferry and Kensington Avenue. Funds for this
accepted; and project are available in Account No. B.F. 202-717-005.
The buyer will be required to pay a ten percent (10%) buyer PASSED
premium to Cash Realty and Auction; and That the Corporation AYES-12, NOES-0
Counsel be authorized to prepare the necessary documents for NO.144
the transfer of title and that the Mayor be authorized to execute BIDS-DELAWAREPARKCONCESSION
the same, in accordance with the terms of sale upon which the (ITEMNO.83,C.C.P.,APR.14,1998)
bids were submitted. That the Commissioner of Human Services, Parks and
PASSED. Recreation be, and he hereby is authorized to award a contract
AYES-12, NOES-0 for Delaware Park Concession, to Gerald F. Sansonese and
NO.137 Charles J. Cane, the highest responsible bidders in an amount
REPORTOFAUCTION-394GENESEESTREET of $9,600.00 annually.
(ITEMNO.59,C.C.P.,APR.14,1998) PASSED.
That the above item be, and the same hereby is returned to AYES-12, NOES-0
the Common Council without recommendation. NO.145
Mrs. Lotempio moved: BROADWAYMKT.-INFO.AUCTION-256GIBSONST.
That the offer from Mr. Lionel Lucas, of 253 Moselle, in the (ITEM#98,C.C.P.APRIL14,1998)
sum of Three Thousand and One Hundred Fifty Dollars That the above mentioned item be and the same is hereby
($3,150.00 ) to purchase the property described as 394 received and filed
Genesee Street, be and hereby is accepted; and ADOPTED
The buyer will be required to pay a ten percent (10%) buyer NO.146
premium to Cash Realty and Auction; and F.FLEISCHAUER-REQ.REDUCEPROPERTYASSMT.
That the Corporation Counsel be authorized to prepare the (ITEM#99,C.C.P.APRIL14,1998)
necessary documents for the transfer of title and that the Mayor That the above mentioned item be and the same is hereby
be authorized to execute the same, in accordance with the received and filed
terms of sale upon which the bids were submitted. ADOPTED
PASSED. NO.147
AYES-12, NOES-0 JAMIEC.MOORE-REQUESTREIMBURSEMENTAUTO
IMPOUNDFEE
NO.138 (ITEMNO.102,C.C.P.,APR.14,1998)
REPORTOFAUCTION-669GENESEESTREET That the Commissioner of Administration and Finance be,
(ITEMNO.60,C.C.P.,APR.14,1998) and she hereby is authorized to reimburse Jamie C. Moore the
That the above item be, and the same hereby is returned to $82.00 impound fee which he paid.
the Common Council without recommendation. PASSED.
Mr. Franczyk moved that the above item be recommitted to AYES-12, NOES-0
the Committee on Finance. NO.148
ADOPTED. INCREASEDAPPROPRIATION-DIVISIONOFINVENTORY
NO.139 ANDSTORES
REPORTOFAUCTION-1615MAINSTREET (ITEMNO.203,C.C.P.,APR.14,1998)
(ITEMNO.61,C.C.P.,APR.14,1998) That the Comptroller be, and he hereby is authorized and
That the above item be, and the same hereby is returned to directed to transfer the sum of $7,552 from 100-890-050
the Common Council without recommendation. Reserve for Capital Appropriations to 100 General Fund 981
Mr. Franczyk moved that the above item be recommitted to Passenger Cars & Other Vehicles (Tire Service Truck Body) to
the Committee on Finance. meet this increased appropriation for the Department of
ADOPTED. General Services as set forth in the above communication.
NO.140 PASSED.
REPORTOFAUCTION-750PERRYSTREET AYES-12, NOES-0
(ITEMNO.62,C.C.P.,APR.14,1998) NO.149
That the offer from Mr. Robert Nucherino of Lamar ACQUIRE166&170DART-PROPOSEDAUTOIMPOUND
Advertising, 4800 Shimmerville, Clarence, in the sum of Forty (ITEMNO.13,C.C.P.,MAR.3,1998)
Seven Thousand Dollars ($47,000.00 ) to purchase the (ITEMNO.126,C.C.P.,APR.14,1998)
property described as 750 Perry Street, be and hereby is That the Corporation Counsel be, and he hereby is
accepted; and authorized to proceed in accordance with Eminent Domain
The buyer will be required to pay a ten percent (10%) buyer Procedure Law with Mr. Daniel Mele, President/Owner of
premium to Cash Realty and Auction; and Buffalo Core Realty, Inc. to acquire 166 Dart and 170 Dart.
That the Corporation Counsel be authorized to prepare the Passed.
necessary documents for the transfer of title and that the Mayor AYES-BROWN, FONTANA,FRANCZYK, HELFER,
be authorized to execute the same, in accordance with the KAVANAUGH, LOTEMPIO, MANLEY, PITTS, WILLIAMS,
terms of sale upon which the bids were submitted. ZUCHLEWSKI-10
PASSED. NOES- COPPOLA, GRAY-2
AYES-12, NOES-0
NO.141 NO.150
REPORTOFAUCTION-241VERMONTSTREET BIDS-REPAIRTOCITYMANHOLES-1998GROUP#464
(ITEMNO.38,C.C.P.,MAR.31,1998) (ITEM#193,C.C.P.MARCH17,1998)
(ITEMNO.134,C.C.P.,APR.14,1998) That the above mentioned item be and the same is hereby
That the Commissioner of Public Works be, and he hereby is received and filed
authorized to award a contract for Repair to City Manholes, ADOPTED
Group #464, to A.B.P. Concrete Construction, Inc., the lowest
responsible bidder, in the amount of $77,967.50 plus approved NO.158
unit prices not to exceed $7,796.75 for a total encumbrance in INFO-REQ.ORD.AMEND.NUISANCESABATEMENT(CC)
the amount of $85,764.25 as per Item No. 126, C.C.P., 3/3/98. (ITEM#48,C.C.P.APRIL14,1998)
Funds for this project are available in Capital Projects Fund That the above mentioned item be and the same is hereby
#202-401-003-00-000. received and filed
PASSED. ADOPTED
AYES-12, NOES-0
NO.151 NO.159
BIDS-REPAIRTOCITYWATERCUTS-1998GROUP#471 TRAILBLAZINGSIGNAGEFOREASTFERRYSTREETAS
(ITEMNO.39,C.C.P.,MAR.31,1998) "RICHARDALLENWAY"
(ITEMNO.135,C.C.P.,APR.14,1998) (ITEMNO.170,C.C.P.,MAR.3,1998)
That the Commissioner of Public Works be, and he hereby is That this Common Council approves the installation of
authorized to award a contract for Repair to Watercuts - 1998, trailblazing signs proclaiming the portion of East Ferry Street
Group #471, to A.B.P. Concrete Construction, Inc., the lowest between Michigan Avenue and Fillmore Avenue as "Richard
responsible bidder, in the amount of $186,182.00 plus Allen Way"; and
approved unit prices not to exceed $18,618.20 for a total That this Common Council requests the Department of
encumbrance in the amount of $204,800.20 as per Item No. Public Works to install trailblazing signs that read "Richard
126, C.C.P., 3/3/98. Funds for this project are available in Allen Way" beneath the existing street signs on East Ferry
Division of Water Capital Projects Fund. Street between Michigan Avenue and Fillmore Avenue.
PASSED. ADOPTED
AYES-12, NOES-0
NO.160
LEGISLATION INVEST.FEASIBILITY"WHITETOPPING"
(ALFREDT.COPPOLA,CHAIRMAN) ONCITYPROJ.
(ITEM#195,C.C.P.MARCH03,1998)
NO.152 That the above mentioned item be and the same is hereby
JOMARIEPRIVITERA,PETITIONTOUSE340ELMWOODreceived and filed
AVENUE-COMMUNITYRESIDENCE ADOPTED
(ITEMNO.111,C.C.P.,MAR.31,1998)
That the above item be, and the same hereby is, returned to NO.161
the Common Council without recommendation. INVEST.WHITETOPPINGCITYPROJECTS(PW)
Mr. Coppola moved that the above item be recommitted to (ITEM#36,C.C.P.APRIL14,1998)
the Committee on Legislation. That the above mentioned item be and the same is hereby
ADOPTED. received and filed
NO.153 ADOPTED
REQUESTORDINANCEAMENDMENTREGARDING
PAWNSHOPS NO.162
(ITEMNO.172,C.C.P.,MAR.3,1998) LAUB&0-REVOKECAFEPERMIT
That this Common Council requests that the Corporation -ESSEXPUB-530RHODEIS.
Counsel draft an ordinance amendment pertaining to (ITEM#99,C.C.P.MARCH17,1998)
pawnshops. This ordinance amendment should include a That the above mentioned item be and the same is hereby
provision which allows the City of Buffalo to fine pawnshop received and filed
owners when they violate City ordinances; furthermore, the ADOPTED
provision should allow for the fines to increase progressively
with each successive violation; and NO.163
That the amendment modify the existing ordinance to enable REVOKESDWLKCAFEPERMIT-530RHODEIS.(PW)
the Commissioner of Community Development, rather than the (ITEM#33,C.C.P.APRIL14,1998)
Commissioner of Public Works, to convene a hearing That the above mentioned item be and the same is hereby
regarding a specific pawnshop when necessary; and received and filed
That this Honorable Body requests that the Corporation ADOPTED
Counsel file the aforementioned ordinance amendment with the
City Clerk's Office. NO.164
ADOPTED REVOKEOUTDOORCAFEPERMIT-530RHODEIS.(CD)
(ITEM#73,C.C.P.APRIL14,1998)
NO.154 That the above mentioned item be and the same is hereby
REQ.ORD.AMEND.REG.PAWNSHOP(CD) received and filed
(ITEM#72,C.C.P.MARCH31,1998) ADOPTED
That the above mentioned item be and the same is hereby
received and filed NO.165
ADOPTED CITYPLANNINGBD.USE530RHODEISLAND(EXEC)
(ITEM#6,C.C.P.APRIL14,1998)
NO.155 That the above mentioned item be and the same is hereby
REQUESTORDINANCEAMENDMENTREGARDINGreceived and filed
PROPERTYINSPECTIONS ADOPTED
(ITEMNO.210,C.C.P.,JAN.20,1998)
That this Honorable Body requests that the Corporation NO.166
Counsel amend Section 242-3A of the Ordinances of the City NEIGHBORHOOD.SIGNS
of Buffalo by including "the Commissioner of Community (ITEM#183,C.C.P.MATCH17,1998)
Development and/or his/her designee" at every point at which That the above mentioned item be and the same is hereby
the Erie County Commissioner of Health or County Health received and filed
Department representative is mentioned. Mr. Coppola now moved:
ADOPTED That the City of Buffalo Parks Department be requested to
grant its permission to install a welcome sign on the Island at
NO.156 William and North Ogden Streets.
REQ.ORD.AMEND.PROP.INSPECTIONS(CD) Mr. Coppola now moved:
(ITEM#64,C.C.P.FEBRUARY3,1998) That the City of Buffalo Parks Department be requested to
That the above mentioned item be and the same is hereby grant its permission to install a welcome sign on the Island at
received and filed William and North Ogden Streets.
ADOPTED ADOPTED
NO.157 NO.167
REQ.ORD.AMEND.-ABATEMENTOFNUISANCES NEIGHBORHOODSIGNS(HSPR)
(ITEM#82,C.C.P.MARCH31,1998) waste in all public areas left by their clients.
That the above mentioned item be and the same is hereby 4. The operators will take appropriate measures to
received and filed control sound and odor.
ADOPTED 5. The final sign and awning design will be approved by
the Division of Planning.
NO.168 6. No pets will remain in the store overnight.
CHARTERREVISIONCOMM.(MAYOR) PASSED
(ITEM#2,C.C.P.MARCH31,1998) AYES-12 NOES-0
That the above mentioned item be and the same is hereby
received and filed NO.175
ADOPTED SEWERGASES
(ITEM#199,C.C.P.APRIL14,1998)
NO.169 That the above mentioned item be and the same is hereby
REPORTSOFATTENDANCE(CCLK) received and filed
([TEM#88,C.C.P.MARCH31,1998) ADOPTED
That the above mentioned item be and the same is hereby
received and filed COMMUNITYDEVELOPMENT
ADOPTED (DALEZUCHLEWSKI,CHAIRMAN)
NO.170 NO.176
NOTIFSERIAL48994-8999(PW) LDA-ST.NICHOLASPI.AFFORD.HSG.PROG.
(ITEM#19,C.C.P.APRIL14,1998) -BHDPROP.
That the above mentioned item be and the same is hereby (ITEMNO.74,C.C.P.,APR.14,1998)
received and filed That the above item be and the same is returned to the
ADOPTED Common Council without recommendation.
A public hearing has been set, before the Common Council,
NO.171 at this regularly scheduled meeting, on the above item, and a
ENCROACH2151NIAGARASTREET Notice of same has been published in the Buffalo News, a copy
-DISPLAYINGVEHICLES of which is attached hereto.
(ITEMNO.34,C.C.P.,APR.14,1998) On a motion by Mrs. LoTempio, seconded by . the item is
That the Commissioner of Public Works be, and he hereby properly before the Common Council, and the hearing is
is authorized to issue a “mere license" to Mr. Kenneth Strimple, opened.
of Number One Auto Sales, located at 2151 Niagara Street, to CARRIED.
utilize city right-of-way for the purpose of displaying vehicles for Appearances - David Pawlak, Deputy Commissioner of
sale at said address, subject to the following conditions: Community Development
1. That the vehicles are permitted to be parked in the Mrs. LoTempio now moved that the hearing be closed.
main sidewalk abutting the building face only. This area Seconded by
measures 8' x 46'. No vehicles are to be parked between the CARRIED.
main sidewalk and curbline. Mrs. LoTempio moved that
2. That the applicant supply the Department of Public WHEREAS, the City of Buffalo Urban Renewal Agency
Works with a certificate of insurance which will indemnify and (hereinafter referred to as the "Agency") has duly designated
save harmless the City of Buffalo, in an amount deemed B.H.D. Properties Co., Inc., as the qualified and eligible
sufficient by the Corporation Counsel, which lists the City as Redeveloper in accordance with all applicable rules, regulations
additionally insured. and/or procedures duly adopted by the Agency; and
3 . That the applicant be assessed the annual fee of WHEREAS, the City Clerk has published a "Notice of Public
one dollar ($ 1. 00) per linear foot of City right-of-way utilized to Hearing" in accordance with Section 507, Subdivision 2 (d) of
display said vehicles. the General Municipal Law of the State of New York; and
PASSED WHEREAS, said Public Hearing has been duly held in the
AYES-12 NOES-0 Council Chambers, City Hall, at 2:00 P.M. on Tuesday, April
28, 1998; and
NO.172 WHEREAS, the proposed Land Disposition Agreement has
RESTAURANTDANCINGCLASSIV-75WESTCHIPPEWAbeen duly submitted to this Common Council by the Agency.
(ITEMNO.53,C.C.P.,APR.14,1998) NOW, THEREFORE, BE IT RESOLVED:
That pursuant to Chapter 150 of the City Code, the Director 1. that B.H.D. Properties Co., Inc., has been duly
of Inspections, Licenses and Permits be, and he hereby is designated as a qualified and eligible Redeveloper by the
authorized to grant a Restaurant Dancing Class IV license to Agency, is hereby approved as the Redeveloper for the Saint
Michael Sherk, d/b/a Zoo Bar, located at 75 West Chippewa. Nicholas Place Affordable Housing Program
PASSED 2. that the Mayor of the City of Buffalo and the
AYES-12 NOES-0 Chairman and/or other duly appointed officer of the Agency are
hereby authorized and directed to execute any and all deeds
NO.173 and/or other documents and/or affidavits deemed necessary
D.J.LEONE,PETITIONTOUSE976ELMWOODAVENUE-and appropriate to convey title to the land described in the
SIT-INRESTAURANT proposed Land Disposition Agreement to the Redeveloper ; in
(ITEMNO.II0,C.C.P.,APR.14,1998) accordance with all terms covenants and conditions of said
That after the public hearing before the Committee on Land Disposition Agreement and for the consideration recited
Legislation on April 14, 1998, the petition of D. J. Leone, owner, therein.
for permission to use 976 Elmwood Avenue for a sit-in PASSED
restaurant be, and hereby is approved. AYES-12 NOES-0
Mr. Coppola moved that the above item be recommitted to
the Committee on Legislation. NO.177
ADOPTED. LDA-THRUWAYIND.PK.-WATVCORP.
(ITEMNO.75,C.C.P.,APR.14,1998)
NO.174 That the above item be and the same is returned to the
D.LEONE,PETITIONTOUSE982ELMWOODAVENUE-Common Council without recommendation.
STOREAND2APARTMENTS A public hearing has been set, before the Common Council,
(ITEMNO.111,C.C.P.,APR.14,1998) at this regularly scheduled meeting, on the above item, and a
That after the public hearing before the Committee on Notice of same has been published in the Buffalo News, a copy
Legislation on April 21, 1998, the petition of D. J. Leone, owner, of which is attached hereto.
for permission to use 982 Elmwood Avenue for a dog grooming On a motion by Mrs. LoTempio, seconded by the item is
store and two (2) apartments be, and hereby is approved with properly before the Common Council, and the hearing is
the following conditions: opened.
1 . Permission is granted to have an awning overhang CARRIED.
on the city right-of-way with conditions as determined by the Appearances- Maria Scinta, Dept. of Community Dev.
Department of Public Works. Sid Wallach, President, WATV Corp.
2. Dog waste will be disposed of in a double trash bag CARRIED.
in a closed container. Mrs. LoTempio now moved that the hearing be closed.
3 . The operators and employees will pick up any dog Seconded by Mr. Franczyk
Mrs. LoTempio moved: ADOPTED
WHEREAS, a Public Hearing has been duly held on the
28th day of April, 1998 at 2:00 P.M. in the Common Council NO.180
Chambers in the City of Buffalo, pursuant to the provisions of IMPLEMENTCOMERSETTLEMENTCOMM.
Section 507, subdivision 2 (d) of the General Municipal Law. HGS.CTR.ADM.(CC)
NOW, THEREFORE, BE IT RESOLVED: (ITEM#55,C.C.P.JANUARY20,1998)
1. That the proposed agreement between the City of That the above mentioned item be and the same is hereby
Buffalo and WATV Corp., for the sale of 700 Babcock Street, received and filed
in the Thruway Industrial Park Pilot Project is satisfactory. ADOPTED
2. That it is hereby found and determined that the
disposal of land described in the proposed agreement by NO.181
negotiation, pursuant to Section 507, subdivision 2 (d) of the IMPLEMENTCOMERSETTLEMENT(CC)
General Municipal Law is an appropriate method for making (ITEM#61,C.C.P.MARCH31,1998)
land available for development. That the above mentioned item be and the same is hereby
3. That it is hereby found and determined that WATV received and filed
Corp. possesses the qualifications and financial resources ADOPTED
necessary to acquire and develop 700 Babcock Street as
described in the proposed agreement in accordance with the NO.182
Urban Renewal Plan. BELMONTSHELTERCORP.-SECTION8HSG.PROG.
4. That the price proposed to be paid by the developer (ITEM#88,C.C.P.FEBRUARY3,1998)
for the land described in the proposed agreement is That the above mentioned item be and the same is hereby
satisfactory. received and filed
5. That the Mayor of the City of Buffalo is hereby ADOPTED
authorized to execute the proposed agreement for an in behalf
of the City of Buffalo, and all other documents which may be NO.183
necessary to deliver a good and marketable title to the RENTALASST.CORP.-SECTION8HSG.PROG.
redevelopers. (ITEM#101,C.C.P.FEBRUARY3,1998)
PASSED That the above mentioned item be and the same is hereby
AYES-12 NOES-0 received and filed
ADOPTED
NO.178
LDA-WILLERTPK.VILLAGE-BNRC NO.184
(ITEMNO.76,C.C.P.,APR.14,1998) HUD-CONCERNSSECTION8HSG.PROG.
That the above item be and the same is returned to the (ITEM#102,C.C.P.FEBRUARY17,1998)
Common Council without recommendation. That the above mentioned item be and the same is hereby
A public hearing has been set, before the Common Council, received and filed
at this regularly scheduled meeting, on the above item, and a ADOPTED
Notice of same has been published in the Buffalo News, a copy
of which is attached hereto. NO.185
On a motion by Mrs. LoTernpio, seconded by Mrs. Williams R.QUINTANA-WESTSIDENEIGHBORHOOD
the item is properly before the Common Council, and the HSG.SERVICES
hearing is opened. (ITEM#100,C.C.P.FEBRUARY3,1998)
CARRIED. That the above mentioned item be and the same is hereby
Appearances - Fred Heinle, Dept. of Community Dev. received and filed
Terry Sexton ADOPTED
Mrs. LoTempio now moved that the hearing be closed.
Seconded by Mr. Manley. NO.186
CARRIED. R.QUINTANA-WESTSIDENEIGHBORHOOD
Mrs. LoTempio moved that: HSG.SERVICES(CD)
WHEREAS, the City of Buffalo Department of Community (ITEM#69,C.C.P.FEBRUARY17,1998)
Development (hereinafter referred to as the "City ") has duly That the above mentioned item be and the same is hereby
designated Buffalo Neighborhood Revitalization Corporation as received and filed
the qualified and eligible Redeveloper in accordance with an ADOPTED
applicable rules, regulations and/or procedures duly adopted by
the City ; and NO.187
WHEREAS, the City Clerk has published a "Notice of Public ABANDONPROPERTY/FORMERLYDEC
Healing" in accordance with Section 507, Subdivision 2 (d) of (ITEM#185,C.C.P.OCTOBER14,1997)
the General Municipal Law of the State of New York; and That the above mentioned item be and the same is hereby
WHEREAS, said Public Hearing has been duly held in the received and filed
Council Chambers, City Hall, at 2: 00 P.M. on Tuesday April ADOPTED
28, 1998; and
WHEREAS, the proposed Land Disposition Agreement has NO.188
been duly submitted to this Common Council. REBUILDLARKINBUILDINGASCONVENTIONCENTER
NOW, THEREFORE, BE IT RESOLVED: (ITEMNO.230,C.C.P.,JAN.20,1998)
1. that Buffalo Neighborhood Revitalization Corporation That this Common Council supports the building of a new
has been duly designated as a qualified and eligible convention center in conjunction with the celebration of the I
Redeveloper, is hereby approved as the Redeveloper for Willert 00th Anniversary of the Pan American Exposition in style
Park Village New Housing Program - Model Center. replicating the Frank Lloyd Wright Larkin Administration
2. that the Mayor of the City of Buffalo is hereby building; and
authorized and directed to execute any and all deeds and/or That the Erie County Executive and Legislature, the Mayor,
other documents and/or affidavits deemed necessary and Buffalo Convention & Visitors Bureau, Buffalo Convention
appropriate to convey title to the land described in the proposed Center Corporation and all interested parties be invited to
Land Disposition Agreement to the Redeveloper ; in comment on designing a new convention center as a replica of
accordance with an term, covenants and conditions of said the Larkin Administration building.
Land Disposition Agreement and for the consideration recited ADOPTED
therein.
3. This approval is subject to the receipt of the NO.189
construction costs by the end of the week. G.KORB&0-OPP.DEMO/RECONST.LAKEVIEWDEV.
PASSED (ITEM#108,C.C.P.MARCH31,1998)
AYES-12NOES-0 That the above mentioned item be and the same is hereby
received and filed
NO.179 ADOPTED
M.ALFANO-CONCERNSSEC.8HSG-PROG. AYES - BROWN, COPPOLA, FONTANA, FRANCZYK,
-COMERSETTLEMENT HELFER, KAVANAUGH, LOTEMPIO, MANLEY, WILLIAMS
(ITEM#75,C.C.P.OCTOBER14,1997) ZUCHLEWSKI - 10 NOES - GRAY, PITTS - 2.
That the above mentioned item be and the same is hereby
received and filed NO.190
SEQRDETERMINESIGNIFICANCE-LAKEVIEWHOMESMr. Zuchlewski moved that the above item be recommitted to
(BMHA) the Committee on Community Development.
(ITEM#83,C.C.P.MARCH31,1998) ADOPTED.
That the above mentioned item be and the same is hereby
received and filed BUDGETCOMMITTEE
ADOPTED (ROSEMARIELOTEMPIO,CHAIRPERSON)
NO.191 NO.197
RECOMMENDEDCOMMUNITYDEVELOPMENTBLOCKREVENUERECOVER-FIREDEPARTMENT
GRANTYEAR24BUDGET (ITEMNO.43,C.C.P.,APR.14,1998)
(ITEMNO.2,C.C.P.,MAR.17,1998) That the Commissioner of Fire be, and he hereby is
That the above item be, and the same hereby is returned to authorized to institute a Revenue recovery program.
the Common Council without recommendation. PASSED
Mr. Zuchlewski now moved to amend the Community AYES-12, NOES-0
Development Black Grant Year 24 Budget for 1998-1999 as
per attached list. RESOLUTIONS
Seconded by Mrs. LoTempio.
CARRIED NO.198
Mr. Zuchlewski now moved approval of the Community By: Mr. Brown
Development Block Grant Year 24 Budget, as amended. ORDINANCEAMENDMENT
Seconded by Mrs. LoTempio. CHAPTER254-JUNKDEALERSANDPAWNBROKERS
PASSED The Common Council of the City of Buffalo does hereby
AYES-12 NOES-0 ordain as follows:
That Chapter 254 of the Code of the City of Buffalo be
NO.192 amended to read as follows:
CHIPPEWABUS/PROP.OWNERS-MASTER§ 254-12. Report of articles acquired for sale; exceptions.
PLAN/CHIPPEWADISTR. A. Legislative purpose. This Legislature finds that there have
(ITEM#102,C.C.P.MARCH31,1998) been increased cases of burglary and larceny within its
That the above mentioned item be and the same is hereby jurisdiction over the past few years. In many instances,
received and filed attempts have been made to sell stolen property to pawnshops
ADOPTED or other dealers of secondhand articles for cash. While this
NO.193 Legislature is aware that the State of New York has adopted
REQUESTNFTA-CONSTRUCTPAVEMENTS&statutes to punish or prevent burglary and larceny, this body
IMPROVEMENTSMAINSTREETROW(ITEMNO.31,finds that adoption of this chapter which requires record
C.C.P.,APR.14,1998) keeping by such dealers will assist in making the sale of stolen
That the Commissioner of Public Works grant permission to property more difficult, will help in a recovery of identifiable
Kevin T. McCarthy, Property Group Director for the Niagara property and will conform reporting requirements to the
Frontier Transportation Authority to construct certain experiences of those law enforcement officials charged with the
permanent pavement improvements within the public street responsibility of carrying out the provisions of said chapter.
right-of-way of Main Street, adjacent to the Buffalo River under B.Time for reporting. Every person, firm or corporation
the supervision of the Department of Public Works. engaged in the business of dealing in, purchasing, selling or
PASSED. pawning secondhand articles shall, before 10:00 a.m. of each
AYES-12, NOES-0 business day, prepare a report of all articles received in the
NO.194 prior business day in connection with the license granted in this
TRANSFEROFTITLE,URBANHOMESTEAD-147chapter and shall furnish this report to the police upon request.
WAVERLY C. Form of reporting. Such report shall be upon forms to be
(ITEMNO.69,C.C.P.,APR.14,1998) supplied by the Department of Police and shall be limited to
That the above item be, and the same hereby is returned to one (1) item per form. Such report shall include a complete
the Common Council without recommendation. description of each article, including brand name, make, serial
Mr. Zuchlewski moved: and model numbers, color and size. In the case of any article
That the city-owned property commonly known as 147 of jewelry or containing jewels, the description shall also
Waverly is hereby designated as Homestead Property, and that include size, setting, shape, color, number of karats, type of
the Mayor be, and he hereby is authorized to execute a deed metal, number and type of stones and a complete and accurate
transferring said property to Mr. Booker T. Nailor, residing at description of any initials, dates or inscriptions found thereon.
145 Waverly, for the amount of $ 1.00 (One Dollar), and all D. Identification of seller. Such report shall also describe the
costs of transfer, on the condition the property is cleared and name and verified address of the person selling said item,
improved within six (6) months and maintained in a sanitary including the seller's age, height, weight, race and gender. The
manner. seller's address must be verified by proper identification,
PASSED. showing the person described, and the type of identification so
AYES-12, NOES-0 used must be noted, along with any identifying numbers on
NO.195 said identification. "Proper identification" shall mean any
TRANSFEROFTITLE,URBANHOMESTEAD-90identification documents that contain the person's name and
MONTANA either a photograph or physical description of said person.
(ITEMNO.55,C.C.P.,MAR.17,1998) Social security cards, draft registration cards, voter registration
(ITEMNO.176,C.C.P.APR.14,1998) cards and library cards, etc., shall not be considered sufficient
That the above item be, and the same hereby is returned to identification for purposes of this chapter.
the Common Council without recommendation. E. Bulk sales; automobiles. A person, firm or corporation
Mr. Zuchlewski moved: doing business in wagonload, truckload or carload lots only
That the city-owned property commonly known as 90 shall furnish the Department of Police with a weekly report of
Montana, is hereby designated as Homestead Property, and each wagonload, truckload or carload of material bought during
that the Mayor be, and he hereby is authorized to execute a the week immediately preceding, containing a brief statement of
deed transferring said property to Mrs. Sarah Torrence, the kind and quantity of such material and the name and
residing at 88 Montana for the amount of $1.00 (One Dollar), address of the seller of the same, together with the date of
and all costs of transfer, on the condition the property is each transaction. In describing an automobile so purchased,
cleared and improved within six (6) months and maintained in a the name thereof, the maker's name, the motor number, the
sanitary manner. manufacturer's number, the vehicle identification number and
PASSED. the make and number of tires should be given.
AYES-12, NOES-0 F. Exceptions.
NO.196 (1) Estate sales. Dealers acquiring ten (10) or more items
TRANSFEROFTITLE,URBANHOMESTEAD-180from an estate sale shall be exempt from this reporting
JEWETTAVENUE(ITEMNO.43,C.C.P.,DEC.23,1997) requirement, except that they shall have to file any inventory
(ITEMNO.187C.C.P.,FEB.17,1998) listing each item and stating from where and whom it was
(ITEMNO.151,C.C.P.,MAR.3,1998) purchased.
(ITEMNO.175,C.C.P.,MAR.17,1998) (2) Known individuals. Dealers acquiring, selling or
(ITEMNO.177,C.C.P.,APR.14,1998) exchanging one (1) or more items from or to person(s) known
That the above item be, and the same hereby is returned to to them shall be exempt from this reporting requirement, except
the Common Council without recommendation. that they shall have on file an inventory listing each item and
shall be able to properly and sufficiently identify the person, above changes; and
including name and address, upon request by the police. Be It Finally Resolved:
G. Penalty. Any person violating the provisions of this That the Department of Public Works include in the report,
section may be liable for penalties as prescribed in Chapter the status of the approving action taken by the Common
137, Article 1, of this Code. Council in regard to "Closing Museum Parking Lot" (Item No.
§ 254-23. Report of noncompliance; revocation of license. 165, C.C.P. July 11, 1995) and (Item No. 41, C.C.P. June 13,
It shall be the duty of the Commissioner of Police to report to 1995).
the Commissioner of [Public Works] Community Development REFERRED TO THE COMMITTEE ON LEGISLATION AND
any failure to comply with or any violation of the applicable COMMISSIONER OF PUBLIC WORKS.
foregoing sections on the part of any licensee, and the NO.201
Commissioner of [Public Works] Community Development may By: Mrs. Brown, Helfer, Williams
thereupon revoke the license of such person upon good cause REQUESTPOSTPONEMENTOFJUNE1998DETECTIVE'S
after notice and hearing. EXAM
APPROVED AS TO FORM Whereas: The New York State Department of Civil
Michael Risman Service offers a statewide Detective's Exam. However, State
Corporation Counsel municipalities including the City of Buffalo are not mandated to
NOTE: Matter in brackets [ ] to be deleted; matter underlined offer the exam for detectives; and
is new. Whereas: On December 23, 1997, the Civil Service
REFERRED TO THE COMMITTEE ON COMMUNITY Commission decided to participate in the June 1998 State
DEVELOPMENT exam upon the recommendation of the Police Commissioner
and the Police Benevolent Association; and
NO.199 Whereas: The Buffalo Police Department recently
By: Mr. Brown promoted a number of highly skilled officers to the rank of
ORDINANCEAMENDMENT detective; and
CHAPTER137-CODEENFORCEMENT Whereas: Detectives appointed prior to December of
The Common Council of the City of Buffalo does hereby 1997 were not aware, with certainty, that an exam would be
ordain as follows: given for detectives; and
That Section 137-7 of Chapter 137 of the Code of the City of Whereas: This Civil Service Law, Section 58,
Buffalo be amended to read as follows: provide tenure for detectives with 18 months of experience; and
Initial Additional Maximum Whereas: The Civil Service Commission has the
Fine Penalty Penalty Total ability to reverse its decision and postpone the exam until 1999;
FINE CLASS C$52.50 $52.50 $52.50 $157.50 and
First failure to properly report violation, § 254-12 Whereas: Postponing the Detective's Exam will
Initial Additional Maximum allow recently promoted detectives who are doing an excellent
Fine Penalty Penalty Total job of protecting and serving the citizens of the City of Buffalo
FINE CLASS D $75.00 $75.00 $75.00 $225.00 to rightfully earn their anticipated tenure.
Second failure to properly report violation, § 254-12 Now, Therefore, Be It Resolved:
Initial Additional Maximum That this Common Council supports postponing the
Fine Penalty Penalty Total Detective's Exam until June 1, 1999, enabling all officers
FINE CLASS E $105.00 $105.00 $105.00 $315.00 appointed detectives prior to December of 1997 to keep the
Third and subsequent failure to properly report violations, position they earned through demonstrated qualifications; and
§ 254-12 Be it Further Resolved:
Approved As To Form That this Common Council requests the Civil Service
Michael Risman Commission to rescind its decision to hold the Detective Exam
Corporation Counsel in June 1998, and postpone the Detective's exam until June
Note: Matter underlined is new. 1999.
REFERRED TO THE COMMITTEE ON LEGISLATION ADOPTED
NO.200 NO.202
By: Mr. Byron Brown By: Mr. Coppola
TRAFFICPROBLEMSATTHEBUFFALOMUSEUMOFANNUALHELLENICFESTIVAL
SCIENCE Whereas: The Hellenic Orthodox Church of the
Whereas: King Park West Drive was widened Annunciation will be celebrating their 22nd Annual Hellenic
during the construction of the Charles Drew Science Magnet Festival on Friday, Saturday and Sunday, May 15, 16, and 17,
School and now serves as the parking lot for the staffs of the 1998; and
Charles Drew School and the Buffalo Museum of Science; and Whereas: Each year, a tent is rented and placed on
Whereas: Visitors to the Museum and to the School the Northwest side of the church complex up to the sidewalk;
use this drive as their primary parking space;and and
Whereas: An average of 35 vehicles an hour drive Whereas: To accommodate a tent large enough for
through this area between 7 a.m. and 7 p.m., and most of these the crowds expected for this annual festival, it will be necessary
vehicles tend to ignore the posted 15 mph Park speed limit, the for the guide ropes to be anchored across the sidewalk on
electronic traffic control devices and the stop signs; and West Utica; and
Whereas: This clearly presents a danger to the more Whereas: As in previous years, event organizers
than 150,000 annual visitors to the Museum and to the many have requested permission to place ropes across a 100 foot
parents, children, and visitors to the School; and section of the sidewalk (diagram attached); and
Whereas: Removing approximately 240 linear feet of Whereas: To assure pedestrian safety, flasher
the West Drive and replacing it with lawn and trees would warning signs will be installed and security personnel will be
eliminate the traffic problem and would also create a welcome stationed at night; and
green space on the west side of the Museum/School complex Whereas: The tent will be erected on Monday, May
thus adding to the open space that the Park provides; and 11, 1998, and will be removed the following Monday, May 18,
Whereas: By permitting two way traffic on the Dodge 1998, weather permitting.
Street bridge between West Parade and Humbolt Parkway, Now therefore be it resolved that
residents in the area west of the Expressway, north of Best T his Common Council grants temporary approval to the
Street and south of Northampton Street will improve their Hellenic Orthodox Church of the Annunciation to encroach on
access to their homes from the Kensington Expressway and the public right of way from Monday, May 11TH through and
Best Street. including Monday, May 18, 1998, by allowing the event
Now, Therefore, Be It Resolved: organizers for the 22nd Annual Hellenic Festival to place ropes
That this Common Council requests that the department of across a 100 foot section of the sidewalk on West Utica Street
Public Works investigate the feasibility of closing the west drive adjacent to the church grounds provided that all requirements
in Martin Luther King. Jr. Park by removing approximately 240 of the Department of Public Works have been satisfied.
linear feet of driveway and adding curbs, grass and PASSED
landscaping and, also the feasibility of converting of the Dodge AYES-12, NOES-0
Street bridge between West Parade and Humboldt Parkway NO.203
from one way traffic, south, to two way traffic; and By: Mr. Coppola
Be It Further Resolved SUPPORTPEACEANDJUSTICEINTHESOUTHERN
That the Department of Public Works file with this Common STATESOFMEXICO
Council a report indicating the feasibility of implementing the Whereas: Since January, 1994, the policy of the
Mexican government toward the people of Chiapas has failed to 100 General Fund
bring about peace in the region; and 20 - Department of Police
Whereas: Talks have completely broken down, and 1 - Police Administration
operations have escalated into a low intensity conflict involving 032 - Fleet Maintenance
members of the army, paramilitary groups, and local security - Automotive - Body Repairs $7,500
501
forces; and
503 - Automotive - Transmission Service $7,500
Whereas: Suspicions are high that the Mexican
PASSED
army's complacency may have allowed the December 22,
AYES-12, NOES-0
1997, massacre of 45 Mayan men, women, and children, and
with the arny continuing to occupy Chiapas, there is little sign
NO.206
that the violence will end; and
By: Ms. Beverly
Whereas: Amnesty International has reported that
REQUESTTOWAIVELICENSE&PERMITFEESFOR
the army committed "widespread human rights violations"
JEFFERSONRENAISSANCEARTSFESTIVAL
during their operations in Chiapas through 1997; and
Whereas: On Sunday July 26, 1998, "50 Women
Whereas: Soldiers from the Mexican Federal Army
with a Vision" will sponsor the 3rd Annual Jefferson Avenue
continue to harass and terrorize peasants by interrogating
Arts Festival to celebrate the revitalization of Jefferson Avenue
them, ransacking their homes, and killing their farm animals;
and the adjacent communities; and
and
Whereas: The Jefferson Arts Festival is the
Whereas: Investigations reveal that United States
continuation of efforts to bring substantial community activities
military aid is being used for counterinsurgency activities
and development to the inner city; and
directed against the indigenous people in Southern Mexico; and
Whereas: The organization requests that all licenses
Whereas: At least 13 graduates from the School of
and permit fees related to the festival be waived; and
the Americas (SOA), who are now top Mexican military
Now, Therefore, Be It Resolved:
officials, have played a key role in the policy of repression of the
That all license and permit fees be waived for the Jefferson
indigenous people of the Southern Mexican states; and
Renaissance Arts Festival to be held on Sunday July 26, 1998.
Whereas: Demonstrations have been held across
PASSED
the United States in which protesters blame the war in Chiapas
AYES-12, NOES-0
on the United States, citing the role of SOA graduates in the
NO.207
conflict.
By: Mrs. LoTempio
Now therefore be it resolved that
HOMERULEMESSAGE-S.6739-A;A.10I22-A:
This Common Council does hereby go on record as
FINANCINGCOSTSOFREMEDIATIONOFBROWNFIELD
condemning the violence which has plagued Chiapas and
SITESINTHECITYOFBUFFALO
Southern Mexico; and
Whereas: There has been introduced in the New
Be it further resolved that
York State Legislature Senate Bill S. 6739-A and Assembly Bill
Certified copies of this resolution be sent to President
A. 10122-A, "An act to amend the local finance law, in relation
Clinton, Speaker of the House Gingrich, and our Western New
to financing costs of remediation of brownfield sites in the City
York Congressional delegation urging them to support
of Buffalo"; and
Representative Joseph P. Kenndey's "Dear Colleague" letter
Whereas: The purpose of this bill is to provide a
dated January 12, 1998, which condemns Mexico's Chiapas
period of probable usefulness of thirty years in the Local
policy.
Finance Law for financing remediation and removal costs
ADOPTED
incurred in relation to sites in the City of Buffalo; and
NO.204
Whereas: The current Local Finance Law does not
By: Mr. Franczyk
provide for such a period of probable usefulness, thereby
INCREASEDAPPROPRIATION
preventing the City of Buffalo from spreading removal and
DEPARTMENTOFCOMMUNITYDEVELOPMENT
remediation costs over time for various environmental
DIVISIONOFPLANNING
restoration projects, including 1996 Clean Air/Clean Water
That, Pursuant to Section 41 of the Charter and the
Brownfield Restoration Projects; and
Certificate of the Mayor and the Comptroller submitted to the
Whereas: Amending the Local Finance Law to
Common Council, the appropriation in the budget for the
benefit the City of Buffalo would enable the City to prepare
current fiscal year for Appropriation Allotments - Division of
contaminated properties for economic development and reentry
Planning be and the same hereby is increased in the sum of
onto the City tax rolls;
$3,223
Now Therefore Be It Resolved:
That, the comptroller be and hereby is authorized and
That the City of Buffalo hereby requests the enactment into
directed to increase the revenue estimate of account:
law of Senate Bill S. 6739-A and Assembly Bill A. 10I22-A, "An
act to amend the local finance law, in relation to financing costs
100 - 711 - 402 - 90008 Miscellaneous $3,223
of remediation of brownfield sites in the City of Buffalo" and
To meet the increased appropriation as set forth below:
Be It Further Resolved:
100 General Fund
That the City Clerk is hereby authorized and directed to
711 - Division of Planning
certify passage of this resolution and to send copies thereof to
001 - Community Development Planning
the Home Rule Counsel of the Senate and the Assembly and to
536 - Advertising $3,223
the members of the Western New York delegation of the State
PASSED
Legislature.
AYES-12, NOES-0
ADOPTED
NO.205
NO.208
By: Mr. Franczyk
By Mrs. LoTempio
INCREASEDAPPROPRIATION
MR.QUINTANAEXCUSEDFROMTHEAPRIL28,1998
DEPARTMENTOFPOLICE
COUNCILMEETING
That, Pursuant to Section 41 of the Charter and the
Now, Therefore, Be It Resolved:
Certificate of the Mayor and the Comptroller submitted to the
That Councilmember Robert Quintana be excused from
Common Council, the appropriation in the budget for the
attendance at the stated Common Council meeting of April 28,
current fiscal year for Appropriation Allotments Department of
1998.
Police - Clothing and Uniforms and Fleet Maintenance be and
ADOPTED
the same hereby are increased in the sums of $35,000, $7,500
NO.209
and $7,500.
By: Mrs. LoTempio, Mrs. Barbara Miller-Williams
That, the comptroller be and hereby is authorized and
HOMERULEMESSAGE-S.2530-A;A.142-A:EXPANDED
directed to increase the revenue' estimate of account:
DOWNTOWNECONOMICDEVELOPMENTZONE
100 - General Fund
Whereas: There has been introduced in the New
200 - Department of Police General City Revenue
York State Legislature Senate Bill S.2530-A and Assembly Bill
402 - City Revenues
A. 142-A, "An act to amend the general municipal law
62032 - Deposit of Unclaimed Property
$50,000[subdivision (e) to Section I of Section 958], in relation to
To meet the increased appropriation as set forth below: providing for an expanded downtown Buffalo economic
100 General Fund development zone”; and
20 - Department of Police Whereas: The purpose of this bill is to enhance the
1 - Police Administration economic vitality of the downtown section of the city of Buffalo
021 - Administration and Communications by designating that area an economic development zone and by
427 - Clothing and Uniforms $35,000 adding a "retail sales tax" provision to the zone; and
Whereas: Implementation of this legislation would
assist in halting the downward economic spiral of the Challenge Basic and Expanded Rate Increases
downtown area by creating benefits to relocating businesses Whereas: TCI of New York has announced plans to
and by creating the added incentive of a sales tax exemption to raise its cable TV rates effective June 1, 1998;and
lure prospective customers to the area; Whereas: Under the proposal, basic rates would increase by
Now Therefore Be It Resolved: $.04, and expanded basic service would increase by $1.43;
That the City of Buffalo requests the enactment into law and
Senate Bill S.2530-A and Assembly Bill A. 142-A, "An Act to Whereas: Already many cable subscribers have protested
amend the general municipal law, in relation to providing for an the rate increase, including one who pointed out that increases
expanded downtown Buffalo economic development zone"; and totaling over 22 percent have been imposed by TC1 of NY over
Be It Further Resolved: a two-year period; and
That the City Clerk is hereby authorized and directed to Whereas: The City has the authority to review the basic rates
certify passage of this resolution and to send copies thereof to to determine the accuracy of the calculations according to the
the Home Rule Counsel of the Senate and the Assembly and to rules and regulations established by the Federal
the Western New York delegation of the State Legislature. Communications Commission, while the FCC has the sole
ADOPTED authority to review expanded basic rates; and
AYES-BROWN, COPPOLA, FONTANA, FRANCZYK, GRAY, Whereas: If those calculations are proven to be inaccurate
HELFER, LOTEMPIO, MANLEY, PITTS, WILLIAMS, the rate increase can be denied if that determination is made
ZUCHLEWSKI,-11 after the new rates have taken effect, the cable company can
NOES- KAVANAUGH be ordered to pay a fall refund to all affected subscribers, as
NO.210 occurred in 1996 when TCI of NY was ordered to credit
By: Mr. Pitts subscribers a $1.90 refund;
EXPANSIONOFADULTUSEAT622MAINSTREET-CLUB Now, therefore be it resolved;
MARCELLA That the New York Public Service Department be requested
Whereas: Club Marcella has been operating an to assist the City of Buffalo by performing a full fiscal analysis
exotic nightclub at 622 Main Street for the past few years; and of TCl's request for a basic rate increase; and
Whereas: This use has been on-going without the Be it further resolved:
required adult use permit; and That the Office of Telecommunications be directed to file
Whereas: Club Marcella recently went before the FCC form 329 (Cable Programming Services Rate Complaint
Zoning Board of Appeals for approval to validate their present Form) with the Federal Communications Commission, asking
use and expand their adult use; and that it review TCI's request for an increase in expanded basic
Whereas: After receiving approval from the Zoning rates and
Board of Appeals, they applied for and received Common Be it finally resolved:
Council approval for their restaurant/dance license; and That the City Clerk be directed to forward certified copies of
Whereas: A large public outcry over the potential this resolution to TCI of New York (Arthur Nephew and Mary
proliferation of adult uses in the downtown area has raised Margaret Aprile. 355 Chicago St. Buffalo, NY 14214), the
questions over the process and factors which lead to the Public Service Commission(Chairman 3 Empire
Zoning Board of Appeals' decision to grant a variance to Club State Plaza, Albany, NY 12223) and the Federal
Marcella. Communications Commission (Meredith J. Jones, Cable
Now Therefore Be It Resolved That: Services Bureau, 2033 M St. NW, Washington, D.C. 20554 .
The Common Council does hereby request the Zoning Board ADOPTED
of Appeals to explain its rationale for granting a variance to
Club Marcella, which is zoned in the Downtown Opportunity NO.213
District, and/or revoke the existing permit which allows exotic By: Mr. Pitts
dancing. ORDINANCEAMENDMENT
Be It Further Resolved That: CHAPTER399-SMOKING
The operators of Club Marcella be requested to appear The Common Council of the City of Buffalo does hereby
before the Common Council to explain why they are expanding ordain as follows:
their existing operation and confirm what their plans are. That Section 399-13 of Chapter 399 of the Code of the City
Be It Finally Resolved That: of Buffalo be amended to read as follows:
The Corporation Counsel either take the necessary steps to § 399-13. Prohibited acts.
join the Common Council in Shea's lawsuit against the Zoning A. It shall be unlawful for any person to smoke within
Board of Appeals or declare a conflict of interest and allow the any city building or any vehicle owned or leased by or to the city
Council to engage separate counsel to join suit. entity. This prohibition extends to all workplaces, public
REFERRED TO THE COMMITTEE ON LEGISLATION, lobbies, rest rooms, storage areas, corridors, elevators and
ZONING BOARD OF APPEALS, CLUB MARCELLA AND other enclosed areas within any city building; provided,
SHEA'S AND THE CORPORATION COUNSEL however, that the provisions of this Article shall not apply to the
NO.211 downtown baseball stadium currently known as North
By: Mr. Pitts AmeriCare Park.
USEMEMORIALAUDITORIUMASTEMPORARYPUBLIC B. Smoking may be permitted solely within
ACCESSTVSITE the city building known as City Hall provided the smoking takes
Whereas: Buffalo Community Television (BCTV) will be place within an enclosed device known as a smoking booth that
vacating its current site at 101 LaSalle Ave. by the end of April; has been deemed acceptable to the Erie County Department of
and Health and approved by the Commissioner of Public Works.
Whereas: TCI will continue to provide an area at 101 LaSalle It is hereby certified, pursuant to Section 34 of the Charter,
for the playback of tapes on the public access channel, but that that the immediate passage of the foregoing ordinance is
space will not accommodate editing, tape drop-off, or any other necessary.
activities; and APPROVED AS TO FORM
Whereas: BCTV is funded through June 30, 1998, and a Michael Risman
Request For Proposals for a cable TV public access operator Corporation Counsel
has been issued, with proposals due by June 1, 1998; and NOTE: Matter underlined is new.
Whereas: Plans are underway to redevelop the former Apollo PASSED
Theater on Jefferson Ave. as a public access studio, but that AYES- BROWN, COPPOLA, FRANCZYK, HELFER,
building is not yet ready to accommodate the public access KAVANAUGH, LOTEMPIO. MANLEY. PITTS, WILLIAMS-9
facility; and NOES- FONTANA, GRAY, ZUCHLEWSKI
Whereas: The best available site for public access at this NO.214
point is Memorial Auditorium; it is owned and maintained by the By: Mr. Quintana
City of Buffalo, has plenty of available room including office REVOKESIDEWALKCAFEPERMIT-530RHODEISLAND
space and secure storage area, and is centrally located; Whereas: The Common Council granted permission for the
Now, therefore be it resolved: installation of a sidewalk cafe at 530 Rhode Island (Item No.
That Buffalo Memorial Auditorium be immediately designated 169, C.C.P., 4/14/87) pursuant to Section 413-59 of the Code
as the temporary location for public access TV operations until of the City of Buffalo; and
other accommodations can be made,. and Whereas: Section 413-59 (G) gives the Common Council the
Be it Further Resolved, power to revoke such sidewalk cafe permit; and
That this lease be approved on a month to month basis. Whereas: The Council has received complaints regarding
ADOPTED the use of the sidewalk cafe at 530 Rhode Island over the past
NO.212 few years; and
By: Mr. Pitts Whereas: The sidewalk cafe is in violation of the size
restrictions given in the permit; and Lamont V.Johnson
Whereas: In light of this disregard for the authority and Christopher J.Kustra,Jr.
privilege granted by the permit, the Common Council should Larry J.Long
exercise its power as granted by Section 413-59 (G); Wendy N.Marshall
Now Therefore Be It Resolved: Rosella E.Meyers
That the Common Council does hereby revoke the sidewalk George Stokes
cafe permit granted to 530 Rhode Island (Essex Street Pub) Lee A.WInfield,Jr.
under the authority of Section 413-59 of the Code of the City of Thomas L.Zlmmerman
Buffalo; and NO.219
Be It Further Resolved: By: Mr. Zuchlewski
That the Director of Inspections, Licenses and Permits be APPOINTMENTS
and hereby is authorized to take any and all necessary action to COMMISSIONEROFDEEDS
ensure that the revocation of the sidewalk cafe permit at 530 That the following persons are hereby appointed as
Rhode Island is executed. Commissioner of Deeds for the term ending December
PASSED 31,1998 , conditional upon the person so appointed certifying
AYES-12, NOES-0 under oath to their qualifications and filing same with the City
NO.215 Clerk:
By: Mr. Quintana Donald Herbert Hill
INMEMORIAM-WILLIAMEATON Fern E.Beavers
Whereas: William Eaton, owner of Eaton Galleries, passed Aloma D.Johnson
away on April 19, 1998, following a struggle with lung cancer; NO220
and By:Mr. Zuchlewski
Whereas: A true Buffalonian, Eaton dedicated himself to BANNER-10THANNUALFORDBUFFALOMARATHON
Allentown and to Buffalo. A director of the Allentown Whereas: Ford Dealers throughout Western New York will
Association, he helped organize the first Blizzard Ball to be sponsoring the 10th Annual Ford Marathon Race on
commemorate the Blizzard of 1977; and Sunday, May 3rd; and
Whereas: Eaton also championed gay and lesbian rights and Whereas: This race draws well over 1,000 runners to the
chaired the first "Cause for Celebration" to raise funds for the City of Buffalo and is a total of 26.2 miles long; and
treatment of HIV and AIDS; and Whereas: Racers begin downtown and run toward the south
Whereas: Described as generous, Eaton loved helping side of the city, then, toward the north side of the city where
others; he often made anonymous donations to help people in they will finish in Niagara Square; and
need; Whereas: Promoters have requested permission to install a
Now, Therefore, Be It Resolved: banner on Elmwood Avenue at Bidwell Parkway; and
That this Common Council posthumously honors William Whereas: The banner will be installed during the weekend of
Eaton for his dedication to our City and our citizens; we are April 25th and it will be removed on Monday, May 4th; and
grateful for all that he shared with us. Now, Therefore, Be It Resolved:
NO216 That the sponsors of the 10th Annual Ford Marathon Race
By: Mr. Quintana be granted permission to hang a banner on Elmwood Avenue
ENGROSSEDCOPYOFINMEMORIAMFORWILLIAMJ.from April 25th through May 4th.
EATON PASSED
Now, Therefore, Be It Resolved: AYES-12, NOES-0
That this Common Council authorize an engrossed copy of NO.221
an In Memoriam for William Eaton at a cost not to exceed ANNOUNCEMENTOFCOMMITTEEMEETINGS
$125.00 The following meetings are scheduled. All meetings are held in
ADOPTED the Council Chambers, 13th floor, City Hall, Buffalo, New York,
NO.217 unless otherwise noted.
By Mr. Zuchlewski Regular Committees
FELICITATIONS/INMEMORIAM Civil Service Committee Tuesday, May 5, 1998 at 9:30 A.M.
Attached hereto are Felicitation and In Memoriam Resolutions Finance Committee Tuesday, May 5, 1998 following Civil
sponsored by Members of the Common Council as indicated: Service
Felicitation for Angela Stribling By Councilmembers Miller-Legislation Committee Tuesday, May 5, 1998 at 2:00 P.M.
Williams, Pitts, Brown and Gray Community Development Tuesday, May 5, 1998 following
ADOPTED. Legislation.
NO.218 Committee on Education Tuesday May 5, 1998 following
By: Mr. Zuchlewski Community Development.
APPOINTMENTS Ancillary Meetings
COMMISSIONEROFDEEDS Special meeting on Budget, Thursday, April 30, 1998 at I 1:00
REQUIRED-PERFORMANCEOFPUBLICDUTIES o'clock A.M. in Room 1417.
That the following persons are hereby appointed as Special meeting of the Office of Telecommunications, Friday,
Commissioner of Deeds for tile term ending December May 29, 1998, at 10:00 o'clock A.M.in Room 1417.
31,1998 , conditional upon tile person so appointed certifying, Special meeting of the Police Reorganization/Oversight
under oath, to their qualifications and filing same with the City Committee, Thursday, June 4, 1998 2:00 o'clock A.M. in Room
Clerk: 1417
Kara M.Conboy Special meeting on Claims, Wednesday, June 10, 1998 at 2:00
Jill E.Brenner o'clock P.M. in Council Chambers
Martin D.Cordero Gretchen A. Pound
Shirley P.Covella Council Reporter
Michele P.Fanton NO.222
Susan C.Foley ADJOURNMENT
Maralouise M.Jarosz On a motion by Mrs. LoTempio, Seconded by Ms. Kavanaugh
Susan M.Nardozzi the Council adjourned at 4:30
Tracey O'Brien CHARLES L. MICHAUX, III
Catherine E.Panczykowski CITY CLERK
Francis W.Quinn,Jr. BOARDOFPOLICEANDFIREPENSION
Sharon Rozmus PROCEEDINGS#4MAYOR'SOFFICE-201CITYHALL
Mary C.Rutski Present: James W. Pitts, Council President; Bruce Fisher,
Richard E.Schaaf,Jr. Deputy Comptroller-2
Thomas W.Somerville Absent: Anthony M. Masiello, Mayor-1
KennethT.Thomas The Journal of the last meeting was approved.
Rosemary Vander Haeghe NO.1
Christine Adamczyk I transmit herewith the Pension Payroll for the Fire Pension
Mairo Alaimo Fund for the month of April, 1998 amounting to $23,653.43 and
Rudolph G.Bravo respectfully request that checks be drawn to the order of the
Barbara E.Campbell persons named herein for the amounts stated.
Ruth Casacci Adopted
Jeffrey Crosta Ayes-2. Noes-0.
Eric A.Hucksoll NO.2
I transmit herewith the Pension Payroll for the Police Pension
Fund for the month of amounting to $27,712.00 and
respectfully request that checks be drawn to the order of the
persons named herein for the amounts stated.
Adopted.
Ayes-2. Noes-0.
NO.3
On motion by Mr. Pitts, the City of Buffalo Police and Fire
Pension Board Meeting adjourned at 11:15 a.m.