HomeMy WebLinkAbout98-0609
No.12
COMMON COUNCIL
PROCEEDINGS
OF THE
CITY OF BUFFALO
JUNE 9, 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 A. 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 T. 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, David A. Franczyk, Beverly Gray, Kevin J. Helfer,
Barbara Miller-Williams, Dale Zuchlewski Members
SPECIALCOMMITTEES
TELECOMMUNICATIONS COMMITTEE: James W.
Pitts, Chairman, Alfred T. Coppola, Richard T. 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 T. Fontana,
Kevin J. Helfer, Rosmarie LoTempio, Robert Quintana
POLICE REORGANIZATION COMMITTEE: Robert
Quintana, Chairman, Beverly Gray, Kevin J. Helfer, Rosemarie
LoTempio, Dennis A. Manley
CORPORATION PROCEEDINGS
COMMONCOUNCIL
CITYHALL-BUFFALO
TUESDAY,JUNE9,1998 S.E.Q.R. the proposed awning sign is considered an unlisted
AT2:00P.M. action which may be studied through uncoordinated review.
The Planning Board voted to approve the proposed awning
PRESENT - James W. Pitts President of the Council, sign with the condition that public works review and approve
and and Council Members Brown, Coppola, Czajka, said awning sign.
Franczyk, Gray,, Kavanaugh, Lockwood, LoTempio, Pitts, REFERRED TO THE COMMITTEE ON LEGISLATION
Quintana, and Zuchlewski - 11.
NO.3
ABSENT - Councilmembers Helfer and Williams-2. R.CHAINANI-1116ELMWOODAVE.
28’X10.5’SIDEWALKCAFE
On a motion by Mrs. LoTempio, seconded by Mr. ITEMNO.105,5/26/98
Fontana, the minutes of the stated meeting held on May The City Planning Board at its regular meeting held Tuesday,
26, 1998 were approved. June 2, 1998 considered the matter captioned above pursuant
to Section 413-59 and 511-56 of the Buffalo Code, Sidewalk
FROMTHEMAYOR Cafe’s and Elmwood Business District respectively.
NO.1 The applicant seeks to place a 28’x 10.5’ sidewalk cafe
RETURNBUDGETMESSAGE which will encroach the right-of-way. Under S.E.Q.R. the
I hereby return the City Budget for Fiscal Year 1998-99 to proposed sidewalk cafe is considered an unlisted action which
your honorable body without vetoes. In so doing I wish to may be studied through uncoordinated review.
commend the Council for the fiscal restraint it demonstrated in The Planning Board voted to approve the proposed sidewalk
limiting its line item cuts to a reasonable level. Further, I want cafe with the conditions that there will be no outside music, no
to thank the Council for adding funding to several important outside trash receptacles and that the sidewalk cafe will close
initiatives I had proposed in my recommended budget. at 12 p.m..
The Council's addition of $250,000 to the $100,000 I had RECEIVED AND FILED
included in my recommended budget for the Downtown NO.4
Parking Shuttle is an add I am very pleased to support. I 765ELMWOODAVE.
believe this initiative will go a long way toward rejuvenating the L.P.CONVERTSTOREANDENLARGERESTAURANT
market for downtown office and retail space and will serve as ITEMNO.108,5/26/98
an important tool in our fight to foster economic development in The City Planning Board at its regular meeting held Tuesday,
the downtown core. Discussions are already underway with June 2, 1998 considered the matter captioned above pursuant
Buffalo Place and Erie County concerning the purchase of the to Section 511-56 of the Buffalo Code, Elmwood Business
shuttle busses and operations of this service. District.
The Council's retention of the demolition crews I had The applicant seeks to convert an existing store into a take-
recommended and the expansion of this initiative is another out restaurant and enlarge an existing sit-in restaurant and
element of your adopted budget I want to acknowledge. These place a second floor outdoor patio along which will encroach
crews will now be funded whether or not Local 264 ratifies the the right-of-way. Under S.E.Q.R. the proposed restaurants
creation of the labor pool I had proposed as part of the and outdoor patio is considered an unlisted action which may
reorganization of the Refuse and Recycling Enterprise Fund. It be studied through uncoordinated review.
is unfortunate that the labor pool cannot yet be created as I had The Planning Board voted to approve the proposed
envisioned for this pool would have significantly improved the restaurants and outdoor patio with the conditions that there will
condition of our parks and helped with other infrastructure be no outside music, no outside trash receptacles and that the
maintenance responsibilities while reducing the garbage user outdoor patio will close at 12 p.m. and can only be entered from
fee and retaining the jobs of all Local 264 members. Still, the within the building and that public works approves the patio
Council's solution to the dilemma created by Local 264's failure structure. The patio is subject to a 1-year review in September
to ratify the Refuse and Recycling reorganization plan is 1999.
something I am pleased to support since it retains the very RECEIVED AND FILED
important demolition crews. On this point I want also to thank NO.5
Comptroller Giambra for his opinion allowing the use of bond HARBOURPLACEMARINA'S
funds to support city demolition crew activities. Additionally, I 2192NIAGARAST.
want to acknowledge the Council's unanimous resolution BANQUETROOMADDITION
committing to a reduction in the garbage user fee by whatever ITEMNO.107,5/26/98
means necessary. The City Planning Board at its regular meeting held Tuesday,
Finally, I want to recognize the addition of Precinct 11 June 2, 1998 considered the matter captioned above pursuant
rehabilitation funding to the Capital Budget. This is a project to Section 511-68 and 511-137 of the Buffalo Code, Niagara
which I am and have been committed to for some time. I was River Coastal Review District and City Wide Site Plan Review
awaiting the development of plans and specifications before respectively.
bringing this item to your honorable body but it is an item I am The applicant seeks to construct a 38’x48 1 story steel
happy to support at this time given your actions. While on this banquet room addition with a second floor patio. Under SEQR
issue of Police, I am compelled to address the issue of the the proposed addition is considered an unlisted action which
decentralization of the Traffic function which the Council may be studied through uncoordinated review.
proposed by way of transferring 27 Police Officer positions The Planning Board voted to approve the building addition
from Traffic to Patrol. Clearly, the Council has identified a and patio with the condition that no outside music is played on
pressing need here that must be addressed. However, I the patio.
believe this issue needs greater study before a final plan is RECEIVED AND FILED
implemented. I pledge to work closely with your honorable NO.6
body on this issue so that a workable solution can be put in IRISHPROPANECORP.
place. 218KATHERINEST.
In closing, I want to acknowledge the efforts of Majority 24’X40’BUILDINGADDITION
Leader LoTempio in fashioning a budget for Fiscal Year 1998-ITEMNO.106,5/26/98
99 that incorporates my and the Council's priorities. I believe The City Planning Board at its regular meeting held Tuesday,
this budget keeps us on a path toward bettering city June 2, 1998 considered the matter captioned above pursuant
government both fiscally and operationally. Thank you. to Section 511-67 of the Buffalo Code, Buffalo Coastal Special
RECEIVED AND FILED Review District.
The applicant seeks to erect a 24’x40’ 1 story steel building
FROMTHEMAYOR-EXECUTIVEDEPARTMENT addition to a previously approved addition. The building
addition is located 110’ away from the Buffalo River. Under
FROMTHECITYPLANNINGBOARD S.E.Q.R. the proposed building addition is considered an
unlisted action which may be studied through uncoordinated
NO.2 review.
BRISBANEREALTY395-403MAINST. The Planning Board voted to approve the proposed building
18.5'X4’AWNINGSIGN addition.
ITEMNO.94,5/12/98 RECEIVED AND FILED
The City Planning Board at its regular meeting held Tuesday, NO.7
June 2, 1998 considered the matter captioned above pursuant "DEMOLITIONOFVERNORBUILDING
to Section 511-63 of the Buffalo Code, Sign Overlay District. RESOLUTION#184,C.C.P.
The applicant seeks to erect an illuminated 18.5'x 4’ awning MAY26,1998
sign on the Washington St. side of 395 Main St. Under The owners of both the Vernor Building and the Schmidt
Building located at 736-750 Main Street will appear before the 71 - Department of Community Development
Buffalo Preservation Board on Thursday, June 4, 1998 at 3:00 7 - Division of Development
P.M. in Room 901 City Hall to discuss the proposed demolition 074 - Reconstruction Broadway Market $20,323.94
of these structures as ordered by Erie County Judge D'Amico. TO:
Community Development Commissioner Joseph E. Ryan, 202 Capital Projects Fund
Deputy Commissioner of Community Development, David 40 - Department of Public Works
Pawlik, Gary Ziolkowski, Director of Inspections, Licenses & 2 - Division of Buildings
Permits, Tracy Krug, Building Inspector and Kevin Keane, 002 - Renovations Broadway Market $20,323.94
Assistant Corporation Counsel and Sandra Nasca, Board Dated, Buffalo, NY May 26, 1998
Counsel will also be in attendance. RECEIVED AND FILED
The Buffalo Preservation Board will make its decision based NO.11
upon information presented and will forward their CERTIFICATEOFNECESSITY
recommendation to Judge D'Amico. TRANSFEROFFUNDS
The Common Council will be apprised of the outcome of the DIVISIONOFACCOUNTING
Preservation Board meeting and Judge D'Amico's decision COMPTROLLER
regarding the demolition of these buildings. We, Anthony M. Masiello, Mayor and Joel A. Giambra,
If you require additional information regarding this item, you Comptroller, do hereby certify, pursuant to Section 42 of the
may contact Thomas W. Marchese, Board Secretary at 851-Charter, that it is necessary that the sum of $2,648 be
5029. transferred and reappropriated from the Division of Accounting,
REFERRED TO THE COMMITTEE ON FINANCE as set forth below:
FROM:
FROMTHECOMPTROLLER 100 General Fund
04-2 Division of Accounting
NO.8 001 - Accounting
CERTIFICATEOFNECESSITY 110 - Salaries - Regular $2,648
INCREASEDAPPROPRIATION TO:
NORTHARMERICAREPARK 100 General Fund
We, Anthony M. Masiello, Mayor and Joel A. Giambra, 04-0 - Comptroller
Comptroller, do hereby certify pursuant to Section 41 of the 001 - Comptroller
Charter, that an increase in the sum of $8,080 in the estimates 570 - Financial & Accounting Services $2,648
for the fiscal year beginning July 1, 1997 is necessary in Dated: Buffalo, NY, June 2, 1998
Enterprise Fund - North ArneriCare Park, to meet a RECEIVED AND FILED
contingency which could not have been reasonably foreseen NO.12
when the budget was adopted. The amount of increased CERTIFICATEOFNECESSITY
appropriation will be met from the North AmeriCare Park TRANSFEROFFUNDS
account Reserve for Replacements as listed below, not DIVISIONOFACCOUNTING
otherwise appropriated for any other purpose. The detail of the COMPTROLLER
requirements are set forth below: We, Anthony M. Masiello, Mayor and Joel A. Giambra,
FROM: Comptroller, do hereby certify, pursuant to Section 42 of the
420 Enterprise Fund - North AmeriCare Park Charter, that it is necessary that the sum of $7,590 be
899002 - Reserve for Replacements $8,080 transferred and reappropriated from the Division of Accounting,
TO: as set forth below:
420 Enterprise Fund - North AmeriCare Park FROM:
61 1- North Americare Park 100 General Fund
031 - Mechanical Services 04-2 Division of Accounting
560 - Building Repairs & Alterations $8,080 001 - Accounting
Dated: Buffalo, NY, May 21, 1998 110 - Salaries - Regular $7,590
RECEIVED AND FILED TO:
NO.9 100 General Fund
CERTIFICATEOFNECESSITY 04-0 - Comptroller
TRANSFEROFFUNDS 085 - Exempt Items
MISCELLANEOUSCHARGES 982 - Office Equipment & Furnishing $7,590
DEPARTMENTOFCOMMUNITYDEVELOPMENT Dated: Buffalo, NY, June 2, 1998
We, Anthony M. Masiello, Mayor and Joel A. Giambra, RECEIVED AND FILED
Comptroller, do hereby certify, pursuant to Section 42 of the NO.13
Charter, that it is necessary that the sum of $140,000 be CERTIFICATEOFNECESSITY
transferred and reappropriated from Miscellaneous Charges, CAPITALBUDGETAMENDMENT
as set forth below: AUTHORIZATIONFORACHANGEINCAPITAL
FROM: INDEBTEDNESS
100 - General Fund We, Anthony M. Masiello, Mayor and Joel A. Giambra,
812 - Miscellaneous Charges Comptroller, do hereby certify, pursuant to Section 359 of the
818 - Reserve for Matching Fund Grants $140,000 Charter, that it is necessary to authorize a change in
TO: indebtedness for Capital Projects Program, provided by the
100 General Fund Common Council prior to July 1, 1997 for the ensuing fiscal
71 - Department of Community Development year, by eliminating the first item and adding the second item:
2 - Division of Neighborhoods ELIMINATE
021 - Office of Neighborhoods 200 Capital Projects
580 - Non-Professional Personal Services $140,000 402 Division of Buildings
Dated: Buffalo, NY, May 21, 1998 Construction of Urban Arts Center $1,000,000
RECEIVED AND FILED ADD
NO.10 200 Capital Projects
CERTIFICATEOFNECESSITY 402 Division of Buildings
TRANSFEROFFUNDS Construction of New North Jefferson Branch
COMMUNITYDEVELOPMENT-BONDFUNDS Library $1,000,000
DEPARTMENTOFPUBLICWORKS-BONDFUNDS Dated: Buffalo, NY, June 2, 1998
We, Anthony M. Masiello, Mayor and Joel A. Giambra, RECEIVED AND FILED
Comptroller, do hereby certify, pursuant to Section 42 of the NO.14
Charter, that it is necessary that the sum of $20,323.94 be CERTIFICATEOFAPPOINTMENT
transferred and reappropriated from the Department of Appointment Effective: May 18, 1998 in the Department of
Community Development - Division of Development - Capital Audit & Control, Division of Data Processing to the Position of
Projects Fund, as set forth below: Senior Data Processing Equipment Operator, Temporary,
The amount to be transferred represents an unexpended Promotion, at the Third Step, Starting Salary of: $28,522
balance of items contained in the budget for the current fiscal Janet Reyes: 242 Gorton Street, Buffalo, New York 14207
year and will not be needed at this time for the purpose for REFERRED TO THE COMMITTEE ON CIVIL SERVICE
which they were appropriated. NO.15
FROM: RESPONSETOITEMNO.14,C.C.P.5/26/98
200 Capital Projects Fund ITEMNO.14,C.C.P.5/26/98
The above captioned item has been referred to the CORPORATION COUNSEL.
Comptroller's Office, Division of Real Estate, for a response.
In particular Your Honorable Body is looking for information FROMTHEPRESIDENTOFTHECOUNCIL
pertaining to alternative sites that were considered their NO.18
assessment and evaluations of these parcels. The following CHANGELYTHSTREETTOTWO-WAY
alternative sites are: I am filing the following Petition in support of the changing of
1 . 752 Main Street (Vernor Bldg.) - Assessed Value Lyth Street to two-way.
$325,000 - This particular site has environmental issues, A Resolution has been filed and a copy of the Petition has
demolition costs and subsequent to the last time we looked at been sent to Commissioner of Public Works, Joseph Giambra
this site it now has preservation issues. and Councilmember Byron Brown.
2. 140 Genesee Street (between Elm & Oak) - Assessed REFEREED TO THE COMMITTEE ON LEGISLATION AND
Value $150,000 Commissioner Kerlikowske indicated that there COMMISSIONER OF PUBLIC WORKS.
may be some problems with ingress and egress if this site NO.19
were to be considered. CITY-WIDEYOUTHVIOLENCE
Once again considerations to a site other than 695 Main PREVENTIONPROJECT
Street are: The Urban Christian Ministries, again, has requested this
1. Timeliness year to implement the Youth Violence Prevention Project. This
2. Possible demolition costs is a summer project which features street basketball games
3. Cost of changing design with Block Clubs, a cook-off fund-raiser and a March Against
4. Possibility of environmental issues Youth Violence.
5. Accessibility to vehicular traffic. Last year the Council approved permits at no cost to facilitate
As mentioned in Item No. 14, C.C.P. 5/26/98, we feel that the the program. This year the request is the same.
acquisition price of Seven Hundred Thousand Dollars The following is the schedule for the Summer of 1998:
($700,000) for 695 Main (corner of Main & Tupper) is fair and July 11, 1998 - 9:00 a.m. - 8:00 p.m.
substantiated by a review appraiser. I am, therefore, Cook-of on Jefferson Avenue
requesting that Your Honorable Body to approve the acquisition between High and E. North Sts.
of the same. August 8, 1998
REFERRED TO THE COMMITTEE ON FINANCE March Against Youth Violence beginning at 967 Jefferson
NO.16 Avenue ending at City Hall.
CERTIFICATEOFNECESSITY Finally, there are 12 Block Clubs which are participating in the
TRANSFEROFFUNDS Street Block Club Basketball. This would require approximately
VARIOUSDEPARTMENTS 60 permits at the following locations:
REFUSE&RECYCLING Glenwood/Main (between Main & Michigan)
We, Anthony M. Masiello, Mayor and Joel A. Giambra, Stockbridge (between Bailey & Comstock)
Comptroller, do hereby certify, pursuant to Section 42 of the Frederick Douglas Towers (on Clinton at Jefferson)
Charter, that it is necessary that the sum of $1,068,581 be Ellicott Community (on Hickory between Swan & S.
transferred and reappropriated from the Various Departments, Division)
as set forth below: Linwood/Oxford (on Oxford between E. Ferry and Balcom)
FROM: Winslow (between Fillmore and Kehr)
100 General Fund Sidney (Between Humboldt and Fillmore)
40-2 Division of Buildings Chester (between E. Ferry and Northland)
021 - Administrative Services Northland (between Wohlers and Lonsdale)
574 - Services - Refuse Disposal $373,577 Shoreline (on 7th between W. Mohawk and Carolina)
812 - Miscellaneous Charges Butler (between Humboldt and Wohlers)
574 - Services - Refuse Disposal $185,004 Fox (between Broadway and Sycamore)
70-0 - Division of Streets I. would request that the Council approve the issuance of
013 - Cleaning of Streets & Snow Removal permits to the Urban Christian Ministries for the Youth Violence
110 - Salaries - Regular $370,000 Prevention Project.
032 - Building & Fleet Maintenance Mrs. LoTempio moved:
110 - Salaries - Regular $140,000 That the above communication from the Common Council
TO: President dated June 8, 1998, be received and filed; and
100-818-000-00-053 Transfer to Enterprise Fund - Refuse & That the Commissioner of Community Development and/or
Recycling $1,068,581 the Commissioner of Public Works, be, and they hereby are
FROM: authorized to waive permit fees to the Urban Christian
100-818-000-00-053 Transfer to Enterprise Fund - Refuse & Ministries for the Youth Violence Prevention Project for the
Recycling $1,068,581 programs listed in the above communication.
TO: PASSED
450 - Enterprise Fund - Solid Waste AYES-11, NOES-0
70-1 - Division of Solid Waste & Recycling NO.20
011 - Collection of Refuse & Recycling NIAGARAMOHAWK'SDEWEYSTREETFACILITY
574 - Services - Refuse Disposal $1,068,581 The attached report from Stanley Radon, Senior Engineering
Dated: Buffalo, NY, June 3, 1998 Geologist for the New York State Department of Environmental
RECEIVED AND FILED Conservation is a response to a resolution sponsored by
NO.17 Councilmembers Coppola and Brown concerning the clean up
REQUESTFORHEARINGFORTRANSAMERICAof Niagara Mohawk's Dewey Street Facility.
MUNICIPALFINANCE I have requested that Mr. Radon also provide two additional
I am respectfully requesting that the Common Council reports pertaining to this situation.
convene in whole or in committee to consider a proposal for (attachment)
bulk purchase of the City of Buffalo's outstanding property tax REFERRED TO THE COMMITTEE ON LEGISLATION
liens from the Municipal Finance Division of Transamerica
Business Credit Corporation. FROMTHECOMMISSIONEROFASSESSMENT
Transamerica is a Fortune 500 company and one of the
world's largest financial services companies, with over $50 NO.21
billion in assets. PERM.ACCEPT-60HEDLEYPLACE
A Transamerica representative recently made a preliminary ASGIFTTOCITY
presentation on this topic to the Comptroller, the City Auditor ITEMNO.169,C.C.P.MAY26,1998
and to the Commissioners of Assessment and of The above referenced item has been referred to this
Administration & Finance. department for a response.
I feel that the Common Council should be apprised as soon A review of our data files shows that the parcel assessed as
and as fully as possible of the potential benefits to taxpayers 60 Hedley Place and assessed to John C. Eberhart, Jr., 144
and to the City of the sale of tax liens to an outside entity. I also Hedley Place, Buffalo NY, is scheduled to be foreclosed by the
feel that Transamerica Corporation has a strong record of City of Buffalo, October 26, 1998.
redeveloping distressed central city properties, and that The city taxes and sewer rent owing are as follows:
Transamerica's proposed combination of tax-lien purchase and City Tax Sewer Rent
distressed-property rehabilitation merits broad consideration by 1996-97 $615.67 $44.87
your Honorable Body. 1997-98 500.87 38.90
REFERRED TO THE COMMITTEE ON FINANCE AND Interest is computed as of June 30, 1998. Foreclosure fee is
$450. INSTALLNOPARKING
1 would recommend that water and sewer charges, user fee, ONMARTHAJACKSONPLACE,SOUTHSIDEBETWEEN
and Erie County taxes be checked to determine if any amounts ENGLEWOODAVENUEANDMONTROSEAVENUE
remain outstanding. NO PARKING - INSTALL
REFERRED TO THE COMMITTEE ON FINANCE In conformity with Section 49 of Chapter 479 of the
Ordinances of the City of Buffalo, the City Engineer hereby
FROMTHECOMMISSIONEROFPUBLICWORKS notifies Your Honorable Body of this action supplementing,
amending, or repealing existing provisions of Chapter 479 of
NO.22 the Ordinances, as stated below, to be effective forty five days
NOTIFICATIONSERIAL#9011 after the first Council meeting at which they appear on the
INSTALLNOPARKING(HERETOCOMER)ONGENESEEagenda as an item business.
STREET,SOUTHEASTSIDEFROMBAILEYAVENUETOA That that part of Subdivision 23 Section 15 of Chapter 479 of
POINT150'SOUTHWESTTHEREFROM Ordinances of the City of Buffalo be supplemented by adding
thereto the following: NO PARKING
NO PARKING - INSTALL PROHIBITED
In conformity with Section 49 of Chapter 479 of the PORTION OF HIGHWAY PROHIBITED PERIOD
Ordinances of the City of Buffalo, the City Engineer hereby Martha Jackson Place, south side At all times
notifies Your Honorable Body of this action supplementing, between Englewood Avenue and
amending, or repealing existing provisions of Chapter 479 of Montrose Avenue
the Ordinances, as stated below, to be effective forty five days This action is being taken at the request of homeowners on
after the first Council meeting at which they appear on the Martha Jackson Place and the District Councilmember.
agenda as an item business. Martha Jackson Place currently does not contain any parking
That that part of Subdivision 23 Section 15 of Chapter 479 of restrictions.
Ordinances of the City of Buffalo be supplemented by adding NOTIFICATIONSERIAL#9015
thereto the following: NO PARKING INSTALLSTOPSIGN
PROHIBITED PROHIBITED INMARTHAJACKSONPLACE
PORTION OF HIGHWAY PERIOD ATENGLEWOODAVENUE
Genesee Street, southeast side At all times STOP SIGN - INSTALL
from Bailey Avenue to a point In conformity with Section 49 of Chapter 479 of the
150' southwest therefrom Ordinances of the City of Buffalo, the City Engineer hereby
This action is being taken to ease congestion, improve notifies Your Honorable Body of this action supplementing,
visibility and increase pedestrian and vehicle safety at this amending, or repealing existing provisions of Chapter 479 of
intersection. Due to the location of driveways, this action will the Ordinances, as stated below, to be effective forty five days
not result in the loss of additional on-street parking. after the first Council meeting at which they appear on the
NOTIFICATIONSERIAL#9012 agenda as an item business.
NOSTANDINGSCHOOLDAYS-INSTALLONWEST That that part of Subdivision 9 Section II of Chapter 479 of
FERRYSTREET,NORTHSIDEFROMAPOINT10'WESTOrdinances of the City of Buffalo be supplemented by adding
OFTHEWESTDRIVEWAYOF#700WESTFERRYthereto the
STREETTOAPOINT10'EASTOFTHEEASTDRIVEWAYfollowing: STOP SIGNS
#700WESTFERRYSTREET(MONTESSORIGRAMMARVEHICLES ON SHALL STOP BEFORE
SCHOOL) ENTERING
Martha Jackson Place Englewood Avenue
NO STANDING - INSTALL This action is being taken to update our records to reflect
In conformity with Section 49 of Chapter 479 of the existing field conditions.
Ordinances of the City of Buffalo, the City Engineer hereby NOTIFICATIONSERIAL#9016
notifies Your Honorable Body of this action supplementing, REPEALNOPARKING
amending, or repealing existing provisions of Chapter 479 of ONWESTMOHAWK,NORTHSIDE
the Ordinances, as stated below, to be effective forty five days BETWEENBEANALLEYANDFRANKLINSTREET
after the first Council meeting at which they appear on the NO PARKING - REPEAL
agenda as an item business. In conformity with Section 49 of Chapter 479 of the
That that part of Subdivision 22 Section 15 of Chapter 479 of Ordinances of the City of Buffalo, the City Engineer hereby
Ordinances of the City of Buffalo be supplemented by adding notifies Your Honorable Body of this action supplementing,
thereto the following: NO STANDING amending, or repealing existing provisions of Chapter 479 of
PROHIBITED PROHIBITED the Ordinances, as stated below, to be effective forty five days
PORTION OF HIGHWAY PERIOD after the first Council meeting at which they appear on the
West Ferry Street, north side 8:00 a.m. - 4:00 p.m. agenda as an item business.
from a point 10' west of the west School Days That that part of Subdivision 23 Section 15 of Chapter 479 of
driveway of #700 West Ferry Street Ordinances of the City of Buffalo be supplemented by repealing
to a point 10' east of the east therefrom the following: NO PARKING
driveway of #700 West Ferry Street PROHIBITED
This action is being taken to provide a safe area for school PORTION OF HIGHWAY PROHIBITED PERIOD
traffic at the request of Nardin Academy Montessori Grammar West Mohawk, north side 7:00 a.m. - 6:00 p.m.
School. (#700 West Ferry Street) between Bean Alley (except Saturday & Sunday)
NOTIFICATIONSERIAL#9013 and Franklin Street
REPEALOFNOSTANDING(PEAKHOURS)ONWEST This action is being taken in order to update our records to
FERRYSTREETNORTHSIDEBETWEEN reflect current parking conditions.
DELAWAREAVENUEAND NOTIFICATIONSERIAL#9017
ELMWOODAVENUE REPEALNOPARKINGONLEXINGTONAVENUE,NORTH
NO STANDING - REPEAL SIDEFROMAPOINT85'WESTOFDELAWAREAVENUE
In conformity with Section 49 of Chapter 479 of the TOAPOINT165'WESTTHEREFROM
Ordinances of the City of Buffalo, the City Engineer hereby NO PARKING -REPEAL
notifies Your Honorable Body of this action supplementing, In conformity with Section 49 of Chapter 479 of the
amending, or repealing existing provisions of Chapter 479 of Ordinances of the City of Buffalo, the City Engineer hereby
the Ordinances, as stated below, to be effective forty five days notifies Your Honorable Body of this action supplementing,
after the first Council meeting at which they appear on the amending, or repealing existing provisions of Chapter 479 of
agenda as an item business. the Ordinances, as stated below, to be effective forty five days
That that part of Subdivision 22 Section 15 of Chapter 479 of after the first Council meeting at which they appear on the
Ordinances of the City of Buffalo be supplemented by repealing agenda as an item business.
therefrom the following: NO STANDING That that part of Subdivision 24 Section 15 of Chapter 479 of
PROHIBITED Ordinances of the City of Buffalo be supplemented by repealing
PORTION OF HIGHWAY PROHIBITED PERIOD therefrom the following: NO PARKING
West Ferry Street, north side 4:00 p.m. - 6:00 p.m. PROHIBITED
between Delaware Avenue and PORTION OF HIGHWAY PROHIBITED PERIOD
Elmwood Avenue Lexington Avenue, north side At all times
This action is being taken in order to update our records and from a point 85' west of Delaware Avenue
to reflect current on-street parking conditions. to a point 165' west therefrom
NOTIFICATIONSERIAL#9014 This action is being taken at the request of the District
Councilmember and property owners on Lexington Avenue. of the low bid. Funds for this work will be available in CPF 202-
(See next serial) 402-012 - Division of Buildings.
NOTIFICATIONSERIAL#9018 Mrs. LoTempio moved:
INSTALLNOPARKINGONLEXINGTONAVENUE,NORTH That the above communication from the
SIDEFROMAPOINT85'WESTOFDELAWAREAVENUECommissioner of Public Works dated May 28, 1998, be
TOAPOINT85'WESTTHEREFROM received and filed; and
NO PARKING - INSTALL That the Commissioner of Public Works be, and he
In conformity with Section 49 of Chapter 479 of the hereby is authorized to award a contract for Kleinhans Music
Ordinances of the City of Buffalo, the City Engineer hereby Hall Restoration, Phase 7A, for Mechanical Work Contract B,
notifies Your Honorable Body of this action supplementing, to D. V. Brown & Associates, in the amount of $4,790.00; for
amending, or repealing existing provisions of Chapter 479 of Electrical Work - Contract D, to Metro Electrical, in the amount
the Ordinances, as stated below. to be effective forty five days of $11,500.00, the lowest responsible bidders, with said cost to
after the first Council meeting at which they appear on the be charged to CPF 202-402-012 Division of Buildings.
agenda as an item business. PASSED.
That that part of Subdivision 24 Section 15 of Chapter 479 of AYES-11. NOES-0.
Ordinances of the City of Buffalo be supplemented by adding
thereto the following: NO PARKING NO.25
PROHIBITED REPORTOFBIDS
PORTION OF HIGHWAY PROHIBITED PERIOD KLEINHANSMUSICHALL
Lexington Avenue, north side At all times RESTORATIONPHASE7A
from a point 85' west of Delaware Avenue I asked for and received the following sealed informal proposals
to a point 85' west therefrom for Kleinhans Music Hall, Restoration Phase 7A, which were
REFERRED TO THE COMMITTEE ON LEGISLATION publicly opened and read on June 4, 1998.
This action is being taken at the request of the District Interior 1st Floor Backstage Area
Councilmember and property owners on Lexington Avenue. A. Gareleck & Sons, Inc. $19,530.00
(See previous serial) H & B Plumbing No Bid
Kipphut & Neumann No Bid
NO.23 Exterior Canopy & Service Lift Work
REPORTOFBIDS A. Gareleck & Sons, Inc. $ 6,925.00
KLEINHANSMUSICHALLRESTORATION H & B Plumbing No Bid
PHASE7 Kipphut & Neumann No Bid
EXTERIORCONCRETEWORK/CANOPYREBUILD/ I hereby certify that the foregoing is a true and correct
EXTERIORSERVICELIFT/REROOFINGOFCANOPIES statement of all bids received and that the following firms are
I advertised for on May 5, 1998 and received the following the lowest responsible bidders in accordance with the plans
sealed proposals for Kleinhans Music Hall Restoration, Phase and specifications:
7, Exterior Concrete Work/Canopy Rebuild/Exterior Service Interior 1st Floor Backstage Area A. Gareleck & Sons,
Lift/Reroofing of Canopies, which were publicly opened and $19,530.00
read on May 21, 1998. Exterior Canopy & Service Lift Work - A. Gareleck & Sons
All State Development $417,000.00 $6,925.00
Gianadda Construction $433,900.00 I recommend that Your Honorable Body authorize the
Hadala Corporation $642,000.00 Commissioner of Public Works to order the work on the basis
I hereby certify that the foregoing is a true and correct of the low bid. Funds for this work will be available in CPF 202-
statement of all bids received and that All State Development, 402-012 - Division of Buildings.
Inc., in the amount of Four Hundred Seventeen Thousand and Mrs. LoTempio moved:
00/1 00 Dollars ($417,000.00), is the lowest responsible bidder That the above communication from the
in accordance with the plans and specifications: Commissioner of Public Works dated June 4, 1998, be
I recommend that Your Honorable Body authorize the received and filed; and
Commissioner of Public Works to order the work on the basis That the Commissioner of Public Works be, and he
of the low bid. Funds for this work are available in CPF 202-hereby is authorized to award a contract for Kleinhans Music
402-012 - Division of Buildings. Hall Restoration, Phase 7A, for Interior 1st Floor Backstage
Total estimate for this work was $450,000.00. Area, in the amount of $19,530.00; for Exterior Canopy and
Mrs. LoTempio moved: Service Lift Work in the amount of $6,925.00, to A. Gareleck &
That the above communication from the Sons, Inc., the lowest responsible bidder, with said cost to be
Commissioner of Public Works dated May 21, 1998, be charged to CPF 202-402-012 Division of Buildings.
received and filed; and PASSED.
That the Commissioner of Public Works be, and he AYES-11. NOES-0.
hereby is authorized to award a contract for Kleinhans Music
Hall Restoration, Phase 7, Exterior Concrete Work/Canopy NO.26
Rebuild/Exterior Service Lift/Reroofing of Canopies, to All State REPORTOFBIDS
Development, Inc., the lowest responsible bidder, in the amount PAINTINGOFLIGHTSTANDARDS1998/1999
of $417,000.00, with said cost to be charged to CPF 202-402-GROUP#478
012 Division of Buildings. ITEM#30CCP4/14/98
PASSED. ITEM#126CCP3/3/98
AYES-11. NOES-0. This is to advise your Honorable Body that I have advertised
and received bids on May 27, 1998 for the Painting of Light
NO.24 Standards 1998/1999 Group #478.
REPORTOFBIDS In obtaining bids for the above project, I have asked for bids on
KLEINHANSMUSICHALL a unit price covering the various items of work and materials
RESTORATIONPHASE7A which will be performed. The final cost of the work will be
I asked for and received the following sealed informal proposals based on the actual measured quantity of light standards
for Kleinhans Music Hall, Restoration Phase 7A, which were painted and may be more or less than the total bid. The
publicly opened and read on May 22, 1998. following bids were received:
Mechanical Work - Contract B Base Bid Unit Price Increase
D. V. Brown & Associates $ 4,790.00 E & M Star Pntg., Inc. $123,231.80 $135,554.98
Electrical Work - Contract D T & T Contr. & Pntg Inc. $124,182.00 $136,505.18.
Metro Electrical $11,500.00 I hereby certify that the lowest responsible bidder for the above
Goodwin Electric $14,300.00 project is E & M Star Painting, Inc. I respectfully recommend
Tunney Electric $20,287.00 that your Honorable Body order the work, the cost thereof to be
Frey Electric Construction $21,250.00 charged to our Capital Project Account #201-401-002 at a base
I hereby certify that the foregoing is a true and correct bid of $123,231.80 plus approved unit prices not to exceed
statement of all bids received and that the following firms are $12,323.18 as per Item #126 C.C.P. 3/3/98 for a total
the lowest responsible bidders in accordance with the plans encumbrance of $135,554.98. The engineer's estimate for the
and specifications: work is $115,000.00. Be advised that original permission to
Mechanical Work - D. V. Brown & Associates, $4,790.00 advertise, bid and award this project (Item #30, CCP 4/14/98)
Electrical Work - Metro Electrical, $11,500.00 identified account #200-401-507 which has been changed to
I recommend that Your Honorable Body authorize the 201-401-002.
Commissioner of Public Works to order the work on the basis The attached is certified to be a true and correct statement of
the two (2) lowest bids received. Under provisions of the General Construction, Ferraina Construction Co., Inc., C
General Municipal Law any of the bidders may withdraw his bid #91903200.
if an award of the contract is not made by June 13, 1998. 1. Relocate door 102A and crosswall per direction of
Individual bid submissions are available in our office for Police Department. Add $ 340.00
inspection and copies are available upon request. 2. Alteration in Room 102 per direction of Police
Mrs. LoTempio moved: Department. Add $ 555.00
That the above communication from the The foregoing change results in a net increase in the contract
Commissioner of Public Works dated June 4, 1998, be of Eight Hundred Ninety Five and 00/100 Dollars ($895.00).
received and filed; and Summary: Original Amount of Contract $ 79,000.00
That the Commissioner of Public Works be, and he Amount of This Change (No. 1) Add $895.00
hereby is authorized to award a contract for Painting of Light Revised Amount of Contract $ 79,895.00
Standards 1998/1999 Group #478, to E & M Star Painting, These changes could not be foreseen at the time contract was
Inc., the lowest responsible bidder, at a base bid of let. Costs have been reviewed by the Consulting Architect (E I
$123,231.80 plus approved unit prices not to exceed Team, LLC and the Department of Public Works and found to
$12,323.18 as per Item No. 126, C.C.P., 3/3/98 for a total be fair and equitable. Funds for this work are available in CPF
encumbrance in the amount of $135,554.98. Funds for this 100-201-085-00-91 0 - Department of Police.
project are available in the Capital Project Account #201-401-I request that Your Honorable Body authorize the
002. Commissioner of Public Works to issue a change order to the
PASSED. contractor as set forth above.
AYES-11. NOES-0. Mrs. LoTempio moved:
That the above communication from the
NO.27 Commissioner of Public Works dated June 3, 1998, be
REPORTOFBIDS received and filed; and
NEWDOORS,FRAMES&HARDWARE That the Commissioner of Public Works be, and he
VARIOUSLIBRARIES hereby is authorized to issue change order No. 1, to Ferraina
I advertised for on April 21, 1998 and received the following Construction Co., Inc., an increase in the amount of $895.00,
sealed proposals for New Doors, Frames & Hardware, Various as more fully described in the above communication, for work
Libraries, which were publicly opened and read on relating to Police Headquarters Renovations, 1st and 4th Floor
May 5, 1998. Area, General Construction, C #91903200. Funds for this
Summit Construction $106,800.00 project are available in CPF 100-201-085-00-910 - Department
Deronde Products No Bid of Police.
Forest Materials No Bid PASSED.
Infinity Window Systems No Bid Marcon Erectors No Bid AYES-11. NOES-0.
I hereby certify that the foregoing is a true and correct
statement of all bids received and that Summit Construction, in NO.30
the amount of One Hundred Six Thousand Eight Hundred and DIFFERENCEINPAY
00/100 Dollars ($106,800.00), is the lowest responsible bidder MICHAELJ.WOLASZ,JR.
in accordance with the plans and specifications: PAYOWED
I recommend that Your Honorable Body authorize the On Tuesday, May 26, 1998, the Department of Public Works
Commissioner of Public Works to order the work on the basis failed to file a Certificate of Appointment for Mr. Michael J.
of the low bid. Funds for this work will be available in CPF 203-Wolasz, Jr., for the title of Marina Dock Attendant (Seasonal).
402 Account - Division of Buildings. This error was corrected on Monday, June 1, 1998, with the
Total estimate for this work was $120,000.0G. filing of that certificate.
Mrs. LoTempio moved: As a result, the City of Buffalo owes Mr. Wolasz for the time he
That the above communication from the worked between the days of May 26, 1998 and May 30, 1998,
Commissioner of Public Works dated May 21, 1998, be in accordance with the following assigned schedule.
received and filed; and Tuesday, May 26, 1998 8 hr. 10.00 hr. $80.00
That the Commissioner of Public Works be, and he Wednesday, May 27,1998 8 hr. 10.00 hr. $80.00
hereby is authorized to award a contract for New Doors, Thursday, May 28, 1998 8 hr. 10.00 hr. $80.00
Frames & Hardware, Various Libraries to Summit Construction, Friday, May 29, 1998 8 hr. 10.00 hr. $80.00
the lowest responsible bidder, in the amount of $106,800.00, Saturday, May 30, 1998 8 hr. 10.00 hr. $80.00
with said cost to be charged to CPF 203-402 Account - I therefore request that Mr. Wolasz be paid the sum of
Division of Buildings. $400.00.
PASSED. Mrs. LoTempio moved:
AYES-11. NOES-0. That the above communication from the
Commissioner of Public Works dated June 1, 1998, be
NO.28 received and filed; and
PERMISSIONTORECEIVEBIDS That the Comptroller be, and he hereby is authorized
ONTARIOSTREET-CURBANDSIDEWALKS-PHASEI to pay Michael J. Wolasz, Jr., Marina Dock Attendant
SKILLENSTREETTOBEATRICEAVENUE (Seasonal), in the Department of Public Works the amount of
Permission is requested from your Honorable Body for the $400.00 for days worked between the days of May 26, 1998
Department of Public Works to advertise, receive bids and and May 30, 1998.
contract for the replacement of curbs and sidewalks on Ontario PASSED.
Street. It is anticipated that the first phase of this project from AYES-11. NOES-0.
Skillen Street to Beatrice Avenue will be bid later this summer
and construction will be complete by the end of the 1998 NO.31
season. INSTALLATIONOFHERTELAVENUESIGNAGE
The engineer's estimate for this work is $185,000.00 and funds ITEMNO.163;C.C.P.05/12/98
are available in Capital Project Account #201-401-002. This is in response to Item No. 163 of May 12, 1998 which
Mrs. LoTempio moved: granted permission to the Hertel North Buffalo Business
That the above communication from the Association to erect signage on Hertel Avenue. Please be
Commissioner of Public Works dated June 2, 1998, be advised that the Department of Public Works - Traffic Section
received and filed; and has reviewed this item.
That the Commissioner of Public Works be, and he As the signs listed are to be installed on City light standards, in
hereby is authorized to advertise, receive bids and contract for the interest of limiting liability, City sign crews will do the actual
replacement of curbs and sidewalks on Ontario Street. Funds installations. The Hertel North Buffalo Business Association
for this project are available in Capital Project Account #201-should have the signs made and inform the Traffic Office when
401-002. they are ready for installation. At this point, a City sign crew will
PASSED. be assigned to install these signs.
AYES-11. NOES-0. RECEIVED AND FILED.
NO.29 NO.32
CHANGEINCONTRACT LEASEAGREEMENTFORALLEYWAYTHEATER,INC.
POLICEHEADQUARTERSRENOVATIONS Attached is the proposed lease agreement, which was
1STAND4THFLOORAREA-GENERALCONSTRUCTION prepared by Corporation Counsel, between the City of Buffalo
I hereby submit to Your Honorable Body the following changes and Alleyway Theater, Inc. for a 25 year lease of the current
for Police Headquarters Renovations, 1st and 4th Floor Area, theater located at 672 Main Street. This lease is for a term of
25 years at $1 .00 per year. Alleyway Theater, Inc. will be economical way to screen services rather than installing filters
allowed to occupy the entire building once the City of Buffalo which must be changed and maintained on a regular basis.
Police Department vacates that portion of the building that they REFERRED TO THE COMMITTEE ON FINANCE.
are currently occupying. Conditions of this lease require
Alleyway Theater, Inc. to be responsible for all utilities, all NO.35
maintenance and all capital repairs to the facilities. 484ELMWOODAVENUE;
I respectfully request Your Honorable Body to authorize the REQUESTSPERMISSIONTOINSTALLSIDEWALKCAFE
Mayor to enter into this agreement. Mr. Omprakash Sabharwal, owner of Tandori Express
Mrs. LoTempio moved: Restaurant, located at 484 Elmwood Avenue, has requested
That the above communication from the Comptroller permission to install a sidewalk cafe which would encroach City
dated June 4, 1998, be received and filed; and right-of-way at said address.
That the Mayor be, and he hereby is authorized to enter into a The proposed cafe would measure seven feet (7’) in length
lease between the City and Alleyway Theater, Inc., for lease of and project six feet (6’) from the building face into City right-of-
672 Main Street for a twenty-five (25) year term at One Dollar way.
($1.00) per year. Alleyway Theater, lnc. will be responsible for The Department of Public Works has reviewed Mr.
alI utilities, all maintenance and all capital repairs to the Sabharwal's application pursuant to Chapter 413, Section 59
facilities. (Sidewalk Cafes) of the City Ordinances and has no objection
PASSED. to Your Honorable Body authorizing the Commissioner of
AYES-11. NOES-0. Public Works to issue a "Mere License" for said sidewalk cafe
provided the following conditions are met:
NO.33 1. That the applicant obtain any and all other City of
NEWYORKSTATEENVIRONMENTALBOND Buffalo permits necessary.
STATEASSISTANCEAPPLICATIONRESOLUTION 2. That the sidewalk cafe be installed exactly as
SCAJAQUADACREEKDREDGINGPROJECT shown on plans submitted to and approved by the Department
The purpose of this Item is to request a resolution from of Public Works, Division of Buildings.
your Honorable Body authorizing the submission of an 3. That the sidewalk cafe does not exceed seven feet
application for State assistance related to park development (7’) in length or extend more than six feet (61) from the building
and landfill closure pursuant to Title 5 of Article 54 of the New face.
York State Environmental Conservation Law. 4. That no portion of the sidewalk cafe be permanent in
WHEREAS, City of Buffalo, herein called the nature or permanently affixed to the main building or public
"Municipality", has hereby determined that certain work, as sidewalk.
described in the State assistance application and any 5. That the sidewalk cafe be completely removed from
amendments thereof, herein called the "Project", is desirable City right-of-way from November 15 to April 1 each year.
and in the public interest; and 6. That the applicant be assessed the annual fee of two
WHEREAS, Title 5 of Article 54 of the Environmental dollars per square foot of City right-of-way occupied by said
Conservation Law authorized State assistance payments to sidewalk cafe as described in Chapter 413, Article IX, Section
municipalities for development of parks and closure of 59 (Sidewalk Cafes) of the City Ordinances.
municipal landfills by means of a written agreement and the 7. That the applicant supply the City of Buffalo with a
Municipality deems it to be in the public interest and benefit five thousand dollar ($5,000.00) construction in street bond or
under this law to apply therewith; certificate of insurance which will indemnify and save harmless
NOW, THEREFORE, The Department of Public Works the City of Buffalo against any and all loss and damage arising
requests your Honorable Body approve an appropriate out of the construction, maintenance, use and removal of said
resolution as follows: sidewalk cafe.
1 . That the Commissioner of Public Works is directed and REFERRED TO THE COMMITTEE ON LEGISLATION AND
authorized as the official representative to act in CITY PLANNING BOARD-
connection with any applications, related agreements,
contracts, etc., between the Municipality and the State, NO.36
and to provide such additional information as may be 1519HERTELAVENUE;
required; REQUESTSPERMISSIONTOINSTALLSIDEWALKCAFE
2. That one (1) certified copy of this Resolution be prepared Mr. Phil Alagna, owner of M. T. Pockets Bar and Restaurant,
and sent to the Regional Grant's Officer of the New York located at 1519 Hertel Avenue, has requested permission to
State Office of Parks, Recreation and Historic install a sidewalk cafe which would encroach City right-of-way
Preservation in Niagara Falls, New York; at said address.
3. That this Resolution shall take effect immediately The proposed cafe measures fifteen feet (15’) in length and
authorizing the Commissioner to act as the official projects twelve feet (12’) from the building face into City right-
representative in all matters related to this grant of-way.
application and related documents. The Department of Public Works has reviewed Mr. Alagnals
Mrs. LoTempio moved: application pursuant to Chapter 413, Section 59 (Sidewalk
That the above communication from the Department Cafes) of the City Ordinances and has no objection to Your
of Public Works dated June 2, 1998, be received and filed; and Honorable Body authorizing the Commissioner of Public Works
That the Commissioner of Public Works be, and he to issue a "Mere License" for said sidewalk cafe provided the
hereby is authorized to submit an application, related following conditions are met:
agreements, contracts, etc. for State assistance related to park 1. That the applicant obtain any and all other City of
development and landfill closure pursuant to Title 5 of Article Buffalo permits necessary.
54 of the New York State Environmental Conservation Law. 2. That the sidewalk cafe be installed exactly as shown
That one (1) certified copy of this Resolution be prepared and on plans submitted to and approved by the Department of
sent to the Regional Grant's Officer of the New York State Public Works, Division of Buildings.
Office of Parks, Recreation and Historic Preservation in 3. That the sidewalk cafe does not exceed fifteen feet
Niagara Falls and that this Resolution shall take effect (15’) in length or extend more than twelve feet (12’) from the
immediately authorizing the Commissioner to act as the official building face.
representative in all matters related to this grant application and 4. That no portion of the sidewalk cafe be permanent in
related documents. nature or permanently affixed to the main building or public
PASSED. sidewalk.
AYES-11. NOES-0. 5. That the sidewalk cafe be completely removed from
City right-of-way from November 15 to April 1 each year.
NO.34 6. That the applicant be assessed the annual fee of two
REQUESTCITYTOINSTALLWATERFILTERS dollars per square foot of City right-of-way occupied by said
WITHMETERS sidewalk cafe as described in Chapter 413, Article IX, Section
ITEMNO.81,C.C.P.5/12/98 59 (Sidewalk Cafes) of the City Ordinances.
The referenced item was a petition from various residents of 7. That the applicant supply the City of Buffalo with a
the City of Buffalo requesting that we install filters along with five thousand dollar ($5,000.00) construction in street bond or
the water meters which we will be installing over the next certificate of insurance which will indemnify and save harmless
several years. Please be advised that the water meters and the City of Buffalo against any and all loss and damage arising
associated hardware that we will be installing does contain a out of the construction, maintenance, use and removal of said
screen that will filter out any noticeable sediment. sidewalk cafe.
I believe that this will satisfy some of the concerns regarding REFERRED TO THE COMMITTEE ON LEGISLATION AND
particles found in water services. This is a far more safer and CITY PLANNING BOARD.
PERMISSIONTOEXECUTEAGREEMENTS
NO.37 I hereby request permission from Your Honorable Body to
285PARKSIDEAVENUE,- execute all necessary agreements with the New York State
REQUESTSPERMISSIONTOINSTALLSIDEWALKCAFE Department of Transportation for the following project:
Mr. John Augustine, owner of Parkside Restaurant & Pizza, Replacement of existing traffic signals and controllers at
located at 285 Parkside Avenue has requested permission to various intersections along Franklin Street and Linwood Avenue
install a sidewalk cafe which would encroach City right-of-way between Virginia Street and West Delavan Avenue.
at said address. The project will be funded using Federal Congestion/Mitigation
The proposed cafe would measure ten feet (10’) in length and and Air Quality (CMAQ) Funds with the Federal Share being
project six feet (6’) from the building face into City right-of-way. 80% and the local share being 20%. The estimated cost of this
The Department of Public Works has reviewed Mr. Augustine's project is $600,000.00 and the City's share would be
application pursuant to Chapter 413, Section 59 (Sidewalk $120,000.00.
Cafes) of the City Ordinances and has no objection to Your Funds for the local match are available in Bond Fund Account
Honorable Body authorizing the Commissioner of Public Works No. 200-401-027-00-000.
to issue a "Mere License" for said sidewalk cafe provided the Mrs. LoTempio moved:
following conditions are met: That the above communication from the Department
1. That the applicant obtain any and all other City of of Public Works dated May 26, 1998, be received and filed;
Buffalo permits necessary. and
2. That the sidewalk cafe be installed exactly as shown That the Commissioner of Public Works be, and he
on plans submitted to and approved by the Department of hereby is authorized to execute all necessary agreements with
Public Works, Division of Buildings. the New York State Department of Transportation for the
3. That the sidewalk cafe does not exceed ten feet (10’) Replacement of existing traffic signals and controllers at
in length or extend more than six feet (61) from the building various intersections along Franklin Street and Linwood Avenue
face. between Virginia Street and West Delavan Avenue. Funds for
4. That no portion of the sidewalk cafe be permanent in the local match are available in Bond Fund Account No. 200-
nature or permanently affixed to the main building or public 401-027-00-000.
sidewalk. PASSED.
5. That the sidewalk cafe be completely removed from AYES-11. NOES-0.
City right-of-way from November 15 to April 1 each year.
6. That the applicant be assessed the annual fee of two NO.40
dollars per square foot of City right-of-way occupied by said CERTIFICATEOFAPPOINTMENT
sidewalk cafe as described in Chapter 413, Article IX, Section Appointment Effective: May 26, 1998 in the Department of
59 (Sidewalk Cafes) of the City Ordinances. Public Works Division of Water to the Position of Caulker
7. That the applicant supply the City of Buffalo with a Supervisor I, Permanent Promotion at the Starting Salary of:
five thousand dollar ($5,000.00) construction in street bond or $30,901.00
certificate of insurance which will indemnify and save harmless Salvatore Abbate, Jr., 74 Gunnell, Buffalo, New York 14216
the City of Buffalo against any and all loss and damage arising REFERRED TO THE COMMITTEE ON CIVIL SERVICE
out of the construction, maintenance, use and removal of said
sidewalk cafe. NO.41
REFERRED TO THE COMMITTEE ON LEGISLATION AND CERTIFICATEOFAPPOINTMENT
CITY PLANNING BOARD. Appointment Effective May 26. 1998 in the Department of
Public Works Division of Water to the Position of Caulker
NO.38 Supervisor I, Temporary, Promotion, at the Intermediate
1125TONAWANDASTREET; Starting Salary of $30,901.00.
REQUESTSPERMISSIONTOINSTALLSIDEWALKCAFE Raymond Canfield, 55 Northrup Place, Buffalo, New York
Ms. Emelia Magyarics, owner of Millie's Restaurant, located at REFERRED TO THE COMMITTEE ON CIVIL SERVICE
1125 Tonawanda Street, has requested permission to install a
sidewalk cafe which would encroach City right-of-way at said NO.42
address. CERTIFICATEOFAPPOINTMENT
The proposed cafe would measure twenty-eight feet (28’) in Appointment Effective May 22, 1998 in the Department of
length and project six feet (6’) from the building face into City Public Works, Division of Engineering, to the position of Junior
right-of-way. Engineer, Permanent Appointment at the Intermediate
The Department of Public Works has reviewed Ms. Magyarics, Starting Salary of $32,481
application pursuant to Chapter 413, Section 59 (Sidewalk Steven J. Stepniak, 429 Norwood Ave., Buffalo, NY 14222
Cafes) of the City Ordinances and has no objection to Your REFERRED TO THE COMMITTEE ON CIVIL SERVICE
Honorable Body authorizing the Commissioner of Public Works
to issue a "Mere License" for said sidewalk cafe provided the NO.43
following conditions are met: CERTIFICATEOFAPPOINTMENT
1. That the applicant obtain any and all other City of Appointment Effective May 22, 1998 in the Department of
Buffalo permits necessary. Public Works, Division of Engineering to the Position of Junior
2. That the sidewalk cafe be installed exactly as shown Engineer, Permanent, Promotion at the Intermediate Starting
on plans submitted to and approved by the Department of Salary of $32,481
Public Works, Division of Buildings. Joseph J. Poltorak, 106 Delsan Court, Buffalo, NY 14216
3. That the sidewalk cafe does not exceed twenty-eight REFERRED TO THE COMMITTEE ON CIVIL SERVICE
feet (28’) in length or extend more than six feet (6’) from the
building face. NO.44
4. That no portion of the sidewalk cafe be permanent in CERTIFICATEOFAPPOINTMENT
nature or permanently affixed to the main building or public Appointment Effective May 21, 1998 in the Department of
sidewalk. Public Works, Division of Buildings to the Position of Laborer I,
5. That the sidewalk cafe be completely removed from Permanent, Non-Competitive at the Intermediate Starting
City right-of-way from November 15 to April 1 each year. Salary of $9.88
6. That the applicant be assessed the annual fee of two Ann M. DiStefano, 93 Gelston Street, Buffalo 14213
dollars per square foot of City right-of-way occupied by said REFERRED TO THE COMMITTEE ON CIVIL SERVICE
sidewalk cafe as described in Chapter 413, Article IX, Section
59 (Sidewalk Cafes) of the City Ordinances. NO.45
7. That the applicant supply the City of Buffalo with a CERTIFICATEOFAPPOINTMENT
five thousand dollar ($5,000.00) construction in street bond or Appointment Effective June 1, 1998 in the Department of
certificate of insurance which will indemnify and save harmless Public Works, Division of Water to the Position of Maintenance
the City of Buffalo against any and all loss and damage arising Assistant-Water, Provisional Appointment at the Intermediate
out of the construction, maintenance, use and removal of said Starting Salary of $27,212
sidewalk cafe. Thomas J. Cegielski, 85 Keystone Avenue, Buffalo, 14211
REFERRED TO THE COMMITTEE ON LEGISLATION AND REFERRED TO THE COMMITTEE ON CIVIL SERVICE
CITY PLANNING BOARD.
NO.46
NO.39 REQUESTTOUSEERIEBASINMARINA
TRAFFICSIGNALSYSTEM The Dr. Schoirs Mobile Foot Care Tour has requested
FRANKLINSTREET/LINWOODAVENUEPROJECT permission to use an area approximately 30 feet x 22 feet at the
Erie Basin Marina. Their intention is to promote their products REFERRED TO THE COMMITTEE ON BUDGET
to individuals in the Buffalo area. They will be providing various NO.50
information on foot maintenance. They will also be distributing MUNICIPALIZATIONANDPOWERCHOICE
sample products and performing foot massages free of charge. ITEMNO.178,C.C.P.,5/26/98
They are requesting use of the Marina on Monday, June 22, You requested the Law Department to advise the Common
1998. Council on the necessary steps to achieve the goal of
Mrs. LoTempio moved: muncipalization and prepare a question to be submitted to the
That the above communication from the electorate on the issue of muncipalizing the electric utility of the
Commissioner of Public Works dated June 8, 1998, be City of Buffalo. At present, we are still examining whether the
received and filed; and City may conduct an advisory referendum on municipalization
That the Commissioner of Public Works be, and he and will provide further counsel on the subject shortly.
hereby is authorized to grant permission to the Dr. Scholl's INTRODUCTION
Mobile Foot Care Tour to use an area approximately 30 feet x The electric utility industry, currently undergoing deregulation
22 feet at the Erie Basin Marina on June 22, 1998. by both federal and state lawmakers, is a prospect for
PASSED. municipalization locally by the City of Buffalo ("City"). The idea
AYES-BROWN, COPPOLA, FONTANA, FRANCZYK, GRAY, is being proposed due to the fact a municipal utility is entitled to
KAVANAUGH, LOTEMPIO, MANLEY, PITTS, QUINTANA-purchase power from New York State Power Authority
10. ("NYPN') and cut rates for residents and businesses --
NOES-ZUCHLEWSKI-1. possibly in half, N.Y. GEN. MUN. LAW art. 14-A § 360 (2)
(McKinney 1986). NYPA supplies virtually all the power used
FROMTHECOMMISSIONEROFPOLICE by the existing municipal electric utilities in the State of New
York. Most of NYPA's power is hydroelectric power generated
NO.47 at the NYPA's Niagara Project and sold at a cost of about one
CHECKSRECEIVED cent per kilowatt hour. Under the Niagara Redevelopment Act,
ITEMNO.104,C.C.P.2/2/88 this "Preference Power" is preferentially allocated to "public
8155-00107678 C2-97-0104 $ 577.80 bodies” such as municipal systems and is currently fully
8155-00107677 C2-98-0035 1,713.60 allocated by contract. Additional allocations may not be
TOTAL DEPOSIT $2,291.40 available for at least ten years, but, considering it took the Town
The above referenced property has been administratively of Massena seven years to begin operating their municipal
forfeited by the Drug Enforcement Administration. (DEA). The utility, a ten year wait should not prevent the Common Council
checks were received by this Department and duly deposited in from considering the matter,
the Trust & Agency Account, #610-200-217-00-300. This report will review the process of municipalization and
RECEIVED AND FILED issues to be considered in light of deregulation.
Municipalization means the City would provide electric utility
FROMTHECOMMISSIONEROFFIRE services. The Common Council for the City of Buffalo
("Common Council"), as the legislative body for the City, is
NO.48 authorized to act on behalf of the City in establishing a
CERTIFICATEOFAPPOINTMENT municipal public electric utility. Therefore, the report will
Appointment Effective june 8, 1998 in the department of fire discuss the actions of the "Common Council" as opposed to
Division of Communications to the position of radio supervisor, the "City". In theory, the Common Council could build its own
permanent, appointment, at the intermediate Starting salary of generation and distribution system. However, the cost of doing
: $35,416 so would be prohibitive. Therefore, this report is based on the
Robert Andrycha, 75 Bame Street Buffalo, 14215 assumption the Common Council will condemn the property of
REFERRED TO THE COMMITTEE ON CIVIL SERVICE the City's current electric provider, Niagara Mohawk.
In considering municipalization, the Common Council must
FROMTHECORPORATIONCOUNSEL keep apprised of the status and possible results of proposed
legislation and federal and state agency rulings regarding
NO.49 deregulation of the electric utility which may impact the
ALLOWRESIDENTSTOCONTRACTWITH prospect of municipalization. Congress is currently reviewing
PRIVATEFIRMSFORGARBAGECOLLECTION proposed legislation, and both the Federal Energy Regulatory
ITEMNO.202,C.C.P,,5/26/98 Commission ("FERC") as well as the state Public Service
You again requested (C.C.P, 11/26/96, No. 244) a response Commission ("PSC") have issued rulings setting a preliminary
from the Law Department regarding the legality of allowing time line and standards for deregulation.
residential users of the City's solid waste collection services to Deregulation involves introducing competition to a utility
contract with private haulers. C.C.P., 2/18/97, No. 44.) Under industry and forcing corporations such as Niagara Mohawk to
the City's present system, no persons except City employees or release their stronghold on industrial and commercial
City contractors are authorized to collect residential solid waste businesses and residents. Naturally, Niagara Mohawk, and
and the Charter prohibits private solid waste collectors from other corporations with like monopolies, are reluctant to give up
collecting residential waste unless authorized by the such a powerful stance anytime soon. Therefore, it is up to
Commissioner of Street Sanitation. Charter § 294;,Vee Code § federal and state lawmakers, as well as agencies such as the
216-16. To change this system to allow residential users to FERC and the PSC, to wean these corporations of their power
contract with private haulers, several factors must be and encourage competition.
considered. An introduction to the inner-relationships as well as some of
The Enterprise Fund for Refuse and Recycling is directly the terminology involved in deregulation is necessary to attain a
based on the City's fixed and variable costs of providing solid basic understanding of it. The electric utility industry accrues
waste collection services to the users of the system. If every costs for three basic functions: generation, transmission and
residential property owner were allowed to contract with a distribution. Generation costs depend on the capital cost of
private hauler, the user fee would be spread among a smaller generation facilities, operations, maintenance and related fuel.
base of residential properties, increasing the fee to the Transmission costs are those associated with the nationwide
remaining City users. Certain costs, such as labor and wholesale movement of bulk electricity: steel towers,
equipment, would remain fixed regardless of the number of transformers and wire. And distribution costs involve the local
properties serviced by the City. SeeC.C.P., 12/10/96, No. 40. movement of electricity to end-users: wooden poles,
The user fee may also increase for additional administrative transformers, wires, and meters. Transmission and
and disposal costs not currently incurred under the present distribution will remain regulated monopolies and will not be
system. By allowing residents to contract with private haulers, opened to competition, i.e. common carriers in the public
the City would have to assume the task of monitoring among domain, and regulated cost-of-use fee schedules will be
tens of thousands of residential properties who has a current developed to ensure the free flow of commerce. Therefore,
private contract and who is being serviced by the City. The only the generation element will be deregulated and open to
City as the disposer of last resort (under its obligations to competition.
protect the public health and welfare, N.Y. Gen. City Law § The PSC will permit a transition period to free market
20(13); Charter § 33(14)) may also incur the costs of cleaning conditions. Over that period, rate-payers will continue to be
up illegal dumping which may result from those property charged for some portion of underperforming assets or
owners claiming to be under private contract but, in fact, are stranded costs. Since the bulk of these stranded utility assets
not (for example, those making fraudulent claims or those who reside in the generation of electricity, the heart of lower costs
defaulted under their contracts and the private haulers ceased resides in generation. The goal of deregulation is to lower
collection). These additional administrative and disposal costs those-, costs without destroying the network that permits
would have to be factored into the user fee. competition.
Strand[ed] ... costs are those costs incurred by utilities that is the enactment of local legislation. N.Y. GEN, MUN, LAW
may become unrecoverable during the transition from art. 14-A § 360 (4) (McKinney 1986). The local law must be
regulation to a competitive market for electricity. 96-12 Op. submitted to referendum for the approval of the electors
PSC 46 (1996). They are costs a wholesale supplier of following the required notice period. Id at § 360 (5). This
electricity incurs in anticipation of serving a customer which "...mandatory referendum requirement ... [is] applicable ...
later become unrecoverable, or stranded, because the where the municipality ... [is] effecting a complete takeover of
customer stops purchasing power from that supplier, and the the public utility system." 77-436 Op. State Compt 95 (1977).
supplier cannot recover those costs by selling the power The referendum must be submitted at ... a special election held
elsewhere. See FERC Order No. 888, 61 Fed. Reg. at in ... [the City of Buffalo] not less than sixty days after the
21,628; Cajun Elec. Power Coop. v. F.E.R.C., 307 U.S. App. adoption of the local law." N.Y. MUN. HOME RULE LAW art.
D.C. 306, 28 F.3d 173, 175 (D.C. Cir. 1994) (defining 2 § 23(1) (McKinney 1994). The local law must include the
"stranded costs" as "costs [a transmitting utility] incurs due to proposed method of acquiring, leasing, or purchasing the plant
any surplus in generation (or other) facilities resulting from the and facilities, the maximum and estimated costs thereof and
introduction of open access to its transmission services"). the method of furnishing the service. N.Y. GEN. MUN. LAW
When a utility spends money to build power generation or art. 14-A § 360 (3).
transmission facilities it plans to use to serve the needs of a The New York Court of Appeals has held that "flexibility in
particular customer, and that customer takes its business implementation of a section 360 project is ... necessary ...
elsewhere, the utility is suddenly left with more facilities than it [s]ince a project once implemented may be altered freely
needs to serve its remaining customers. Unless it can find a without referendum submission." Town of Massena v. Niagara
new customer to serve with its excess facilities, the money Mohawk Power Corp., 45 N.Y.2d 482, 490; 410 N.Y.S.2d 276,
spent on acquiring the new facilities will be "stranded." The 280 (1978). In that case, the Town of Massena instituted a
emergence of stranded costs is, in part, the product of a shift in condemnation proceeding pursuant to a resolution and
utility rate philosophy from a rate design based on "cost plus referendum authorizing it to own and operate electrical power
rate of return" to a market-driven. rate. facilities. Id. In its referendum, the Town proposed to construct
Deregulation, under which all wires will become common such facilities, and, after the referendum was passed, the
carriers, will permit retail wheeling i.e., the transfer of electric Town abandoned the idea of construction in favor of the
energy from any generator directly to any end user. Wheeling is condemnation of existing Niagara Mohawk facilities. Id. The
a term used to describe the procedure by which the owner of Court, in that case, also held the Town was entitled to use one
transmission lines transmits electricity produced by another figure in the proposal for both the maxiniurn and estimated
party for a specified charge. Retail wheeling would enable the costs. Id.
customers of Niagara Mohawk to choose other generators of Although the Town, in that case, won, it is recommended that
electricity which will compete for customers and thereby lower the Common Council decide whether it will be condemning the
rates. property owned by Niagara Mohawk before holding a
This report will begin by informing the reader about the referendum in order to avoid a similar lawsuit brought by
procedures to be followed in municipalization, including; laying Niagara Mohawk. Further, the referendum must include the
out the steps to be taken for the passage of a local law to proposed method and maximum and estimated costs of
authorize the Common Council to create a public utility, purchasing the property, as well as details regarding the
proposing a method by which such a utility may be financed, service to be provided. Therefore, as a first step, the Common
reviewing the procedure by which Niagara Mohawk property Council should issue a request for proposals for the
may be condemned and outlining some basic operating preparation of a feasibility study for a municipal power system.
concerns. Next, the reader will learn about agency rulings and On the other hand, the Common Council could also first seek
proposed legislation, at both the federal and state levels, state enabling legislation to establish a municipal utility, an
regarding deregulation and their effects on municipalization. authority, as a vehicle for exploring the options available to the
And finally, an overview of PowerChoice, Niagara Mohawk's city as potential costs and benefits are clarified. See "Common
proposed restructuring which alleges to introduce competition Council's Options" below.
and a brief case study which will allow the reader to understand FEASIBILITYSTUDY
why the idea of municipalization is being introduced in a time The feasibility study would examine the potential savings,
when local governments are leaning toward privatization. costs and risks a municipal utility would entail. The study
LOCALLAW should also address concerns raised by members of the
A local law is necessary to authorize the Common Council to Common Council and assist the Common Council in assessing
establish a public electric utility and requires a well laid plan to whether a municipal electric utility is a real possibility for the
be introduced to the voters. But before beginning the City. The study may develop alternatives available to the
procedure to pass a local law, the Common Council must Common Council, mentioned in the section below entitled "The
determine the answers to several questions regarding its Common Council's Options."
franchise agreement with Niagara Mohawk. For example, The savings produced by lower rates offered by a municipal
whether, under the terms of the agreement, the Common Coelectric utility, both to residential and commercial customers
uncil may unilaterally terminate the franchise agreement, or and to the City itself, should be compared to ithe rates charged
whether the franchise of perpetual duration? A franchise that by Niagara Mohawk. This would include applying an estimate
doesn't set forth a particular time limit is of perpetual duration of power supply costs and peak demand and energy
and cannot be revoked by a subsequent legislative act. NY requirements to projected power supply resource prices and
Central & Hudson River R.R. v. City of New York, 202 N.Y. 212 transmission service rates.
(191 1). A franchise of perpetual duration may only be revoked The costs of acquiring the property owned by Niagara
through a condemnation procedure including the payment of Mohawk and the cost of duplicating the electrical system in the
just compensation. Matter of City of New York, 304 N.Y. 215 City need to be assessed. See "Condemnation" below. The
(1952). issue of costs also includes operating costs including the cost
To determine whether the Niagara Mohawk franchise is of of operation & maintenance, depending on the number of
perpetual duration, the Common Council can look to the history facilities and staff members, billing, accounting and
of the first electric franchise granted to Niagara Mohawk's administrative costs, the cost of debt service on tax exempt
predecessor in Buffalo, Buffalo General Electric, and follow municipal bonds, and any necessary general and capital
agreements made or renegotiated with its successors up to the improvements. The best price for wholesale power charged by
one with Niagara Mohawk. There are two arguments the NYPA and both instate and out-of-state privately owned
supporting a conclusion the franchise is not of perpetual utilities, independent power producers and power marketers
duration: 1) no franchise shall be granted or operated longer should be determined. The prices for the municipal utility to
than fifty years. N.Y. GEN. CITY LAW art. § 2-A 23(2)(b) provide transmission service should be compared with the
(McKinney 1989); and 2) Niagara Mohawk's franchise may open access tariff. The open access tariff will charged by
stipulate rates, and, since those rates have changed, the Niagara Mohawk, owner of the transmission lines, when it
franchise may no longer be valid. However, because rates are transmits electricity produced by another party, such as the
regulated by the PSC, and the regulation doesn't revoke the municipal utility, for a specified charge.
franchise, a change in rates most likely does not revoke the Possible risks of establishing a municipal utility may include
franchise. PSC v. Pavilion Natural Gas Co., 232 N.Y. 146 deregulation due to the introduction of competition. The
(1921); People v. Village of S. Glens Falls, 225 N.Y. 216 municipal utility would probably offer the lowest rates due to its
(1919). ability to purchase power from the New York Power Authority,
Once it is determined the Common Council may establish a but the Common Council must factor the possibility of covering
municipal electric utility, Article 14-A of the General Municipal Niagara Mohawk's stranded costs into their rates. Stranded
Law ("GMV') authorizes municipalities to create a public costs, in this case, would involve the costs incurred by Niagara
electric utility and acquire utility facilities. Section 360 of the Mohawk resulting from surplus in generation facilities when the
GML provides that the first step for creating a municipal utility municipal utility takes over and Niagara Mohawk loses its
customers in the City. These costs may be recovered by other property..." Id. at § 1029(2). Therefore, the legislation
Niagara Mohawk in a number of ways including the establishing the Authority should grant to it the power to
condemnation offer or trial or by charging the municipal utility a acquire all or any part of Niagara Mohawk.
fee, depending on PSC rulings. The Common Council may be 1.WRITTENFINDINGS
able to connect the generating and distribution system currently After a public hearing is held, the Common Council will have
owned by Niagara Mohawk to NYPA’s or Ontario Hydro's ninety days to make written findings, including: the public use
transmission system in order to purchase power at cheaper to be served by the project, the approximate location for the
rate and minimize the risk of stranded cost recovery. project and reasons for that location, and other relevant factors.
Therefore, whether the Common Council decides to first do a N.Y. EM. DOM. PROC. LAW art. 2 § 204(B) (Consol.
feasibility study to gather more information to present to the 1997). The Common Council would then have to comply with
voters in a referendum, or whether a referendum is held to first the New York State Environmental Quality Review Act
establish the municipal utility before the study is done, the point ("SEQRN'). Id. at § 207(C)(3). Under SEQRA, the Common
is that there are many questions which need to be answered by Council would have to complete a full environmental
qualified experts before the Common Council should proceed. assessment form and, either issue a negative declaration --
It must be noted, perhaps repeatedly, that it took the Town of that the municipalization does not adversely affect the
Massena seven years before it began operating such a utility. environment, or file an environmental impact statement with the
FINANCING New York State Department of Environmental Conservation.
The Common Council's options for financing the cost of The Common Council may combine the SEQRA public hearing
creating the municipal utility include: 1) issuing debt, and 2) requirement with the EDPL public hearing requirement. Matter
seeking state legislation establishing a public authority or public of Acquisition of Real Propeqy by County of Eulton, 136 A.D.2d
benefit corporation. Section 11.00(a)(5) of the Local Finance 115 (App. Div. 3d Dept 1988).
Law provides that a municipality may issue up to thirty-year 2.DETERMININGTHEVALUEOFNIAGARAMOHAWK'S
bonds for the acquisition of electric power systems. N.Y. LOC. ASSETS
FIN. LAW art. 2, title I § 11.00(a)(5) (McKinney 1968). Under the EDPL, the Common Council must "...make every
However, the City is already close to its debt limit, and the reasonable and expeditious effort to justly compensate ...
Common Council is always hesitant to issue debt, as are most [Niagara Mohawk] by negotiation and agreement." N.Y. EM.
legislative bodies. Therefore, the second option, seeking state DOM. PROC. LAW art. 3 § 301. The Common Council must
legislation establishing a Buffalo Power Authority ("Authority"), have the property appraised prior to condemnation. Id. at §
is more desirable. The Authority, a publicly-owned tax-exempt 302. The Common Council is required to make an offer to
entity, would be established to provide a dependable and Niagara Mohawk for one hundred percent of the appraised
affordable source of electricity for residents, businesses, value. Niagara Mohawk can either accept, reject or consider
industries and institutions located within the City. Other such the offer as an advance payment. At the time the Common
public authorities have been established in Long Island, Albany Council makes the offer, the Common Council should be fully
and Green Island. prepared to acquire Niagara Mohawk's distribution system.
The Authority may be able issue tax-exempt electric system Because the Common Council would be committed to the
bonds, which would not be considered obligations of the City purchase once it exercises its powers of eminent domain and
because they would be payable out of revenues ofthe Authority. title passes, the appraisal report should address the worst case
However, on November 8, 1997, Senator Murkowski scenario, with an eye toward future litigation. "... [T]he
introduced a bill, S. 1483, to amend the Internal Revenue Code standard of compensation in utility condemnation is an
to require municipally-owned utilities which participate in an extremely vague one..." Onondaga CouM Water Auth. v. New
'Copen access plan" to forego tax-exempt financing. An open York Water Sery. Corp, 285 A.D. 655, 661 (App. Div. 4th
access plan is defined as a plan by a State to allow more than Dept. 1955).
one electric energy provider to offer such energy in a state- There are several different methods of valuing utility property:
authorized competitive market. The PSC has issued Opinion (a) reproduction cost new less depreciation, (b) income
96-12, which encourages utilities to facilitate the development capitalization, (c) original cost, (d) severance damages, and (e)
of a competitive market place and creates an open access consequential damages:
plan. If this bill were to become law, a municipally-owned a.)The reproduction cost new less depreciation is the method
electric utility in New York State would be forced to forego tax-by which Niagara Mohawk's real property is assessed by the
exempt financing due to its participation in an open access Department of Assessment for the City and the formula used
plan. The bill was sent to committee last year, and Senator by the Office of Real Property Services of the State of New
Murkowski has not answered questions presented to him York in assessing Niagara Mohawk's "special franchise"
regarding the bill s possible effects on municipalization. property. See. below. Niagara Mohawk is taxed by both the
Therefore, the Common Council should make an attempt to City and State based on these amounts, and they are not likely
determine the congressional reaction to the bill and exercise to be disputed.
caution with respect to making premature decisions regarding b.) The income capitalization method is "...based on ... [the
financing municipalization. property's] expected net yield to the owner, [and] uses as
CONDEMNATION evidence of value provable past earnings on a periodic basis,
Assuming the Common Council decides to condemn the growth rate in user fees, projected cost increases, new users
property and facilities of Niagara Mohawk, articles 2 and 3 of projected and governmental restrictions or regulations capping
the Eminent Domain Procedure Law ("EDPL") set forth a three-expansion of earnings." Saratoga Water Services, Inc. v.
step process for acquiring property: (1) the Common Council Saratoga Coupty Water Authqdty, 83 N.Y.2d 205, 210 (1994)
holds a public hearing and makes the necessary findings; (2) (quoting 5 Nichols Eminent Domain § 19.07[l] (rev. 3d ed.)).
the Common Council's appraiser determines the value of the However, the New York State Court of Appeals has found
property to be acquired and the Common Council makes an "...earned income imperfectly reflects the actual value of a utility
offer to Niagara Mohawk and, assuming the Common whose rates are subject to regulation." Id.
Council's offer is not accepted, (3) the Common Council c.) The original cost method is the basis for cost-of-service
secures a court order authorizing acquisition. rates, would tend to support a low appraisal and is admissible
It is a well settled rule that title would pass to the Common in evidence. However, this method does not "...carry much
Council before the condemnation court determined the value of weight in the determination of just compensation." Onondaga,
the condemned property, and, once title passed, the Common 285 A.D. at 662.
Council could not abandon the property. Saratoga Water d.) Severance damages sometimes allow the utility to recover
Services, Inc. v. Saratoga Counly Water Authority, 83 N.Y.2d damages that result from part of its system being taken, and
205 (1994); But see. "Acquisition 'below. Following may allow Niagara Mohawk to recover some portion of its
acquisition, assuming the offer is contested as being too low, stranded costs. When a utility spends money to build power
the Common Council and Niagara Mohawk must submit generation or transmission facilities it will use to serve the
appraisal reports supporting their evaluations to the court for needs of a particular customer, and that customer takes its
trial. business elsewhere, the utility is suddenly left with more
The legislation establishing the Authority must state with facilities than it needs to serve its remaining customers.
particularity the property the Authority is authorized to Unless it can find a new customer to serve with its excess
condemn. For example, the Long Island Power Authority is facilities, the money spent on acquiring the new facilities will be
empowered to "acquire all or any part" of the stock and assets "stranded."
owned by Long Island Lighting Company. N.Y. PUB. AUTH. e.) Consequential damages include the cost to the utility of
LAW art. 5 § 1020-h. The Green Island Power Authority is building new facilities.
empowered to "...acquire such real estate and other property as The real property, located within the City boundaries, owned
may be necessary for its corporate purposes..." Id. at § 1020-c. by Niagara Mohawk is valued by the City at $94, 569, 548.00
The Albany Light, Heat and Power Authority is empowered to based on the replacement cost new less depreciation formula.
acquire "...the whole or any part of any existing plant ... or any See. (a) above. However, this number may be reduced to $87,
569, 548.00 after a possible settlement between Niagara Supreme Court, stating the procedural requirements of the
Mohawk and the Common Council pursuant to a certiorari EDPL have been met, including the posting of a bond. The
proceeding. The "special franchise" property throughout the court is then required to issue an order permitting the Authority
State of New York, including steel towers, transformers, to take title to Niagara Mohawk property. N.Y. EDA. DOM.
wooden poles, meters and wires which are located on public PROC. LAW art. 4 § 402.
rights of way, is valued by the Industrial and Utility Valuation The trial on valuation is next. Under current State law, in the
Board of the Office of Real Property Services of the State of absence of a successful negotiation, the Common Council is
New York ("State Real Property Office") at $154, 369, 670.00 obliged to acquire the Niagara Mohawk's property before it
based on the original cost and the replacement cost new less knows how much it must pay for the property. The Common
depreciation formulas. Id. More information regarding the value Council cannot abandon the property once acquired. However,
of the special franchise property located in the City onIy may be the New York State Legislature has enacted special legislation
obtained by contacting in writing Mr. Don Card, Office of Real to permit a particular municipality to determine the value of
Property Services of the State of New York, 16 Sheridan, water utility property before it is acquired. Saratoga Water
Albany, New York, 12210, (518-474-1700). Because Niagara Services, Inc. v. Saratoga County Water Auth it , 83 N Y.2d
Mohawk has claimed trade secret status on much of this 205(1994). The State Legislature has also permitted the Long
property, the State Real Property Office cannot give Island Power Authority to determine the value of the Long
individualized valuations. Therefore, the Common Council Island Lighting Company before it was acquired. N.Y. PUB.
must request the value of such property "by account" to obtain AUTH. LAW art. 5 § 1020-h(4), (5)(f).
individualized special franchise property values and. determine Therefore, because, once it exercises its power of eminent
the value of such property located within the boundaries of the domain, the Common Council would be bound to acquire the
City. property, it is recommended the Common Council seek similar
Niagara Mohawk may attempt to claim trade secret status on State legislation allowing the Common Council to determine the
its meter-readilng, billing and collections systems, customer value of the property owned by Niagara Mohawk before it is
service system, facilities maintenance operations and acquired. Further, the Common Council, in determining such
emergency restoration capabilities as well. If the claim were value, should include an assessment of stranded costs which
successful the Authority might have to acquire its own property may be recoverable if approved by the PSC.
to provide such services. However, it is not probable Niagara 4.APPRAISALTRIAL
Mohawk would succeed on such a claim due to the Court of The appraisal trial will involve each side presenting the
Appeals decision in City of New York v. Fifth Avenue Coach testimony of its expert. The duty of a court in a valuation trial is
Lines, Inc., 22 N.Y.2d 613; 294 N.Y.S.2d 502 (1968). In that to determine whether the appraisal report of the condemnor or
case, proceedings were brought by the City of New York to the condemnee is more correct. If, in this case, Niagara
condemn properties owned by certain bus companies. Id. Mohawk is found to be more correct, the City would have to
There, the Court of Appeals, in allowing the intangible property increase its offer unless the offer is based on the value
to be condemned, determined the value of the companies determined pursuant to the special legislation as mentioned
intangibles including personnel, operating schedules, bus above.
routes and operating systems based on a reproduction cost OPERATINGAMUNICIPALELECTRICUTILITY
new less depreciation formula. Id. at 505. Because the This section briefly outlines some of the practical aspects of
intangible property in that case, which made it possible for the operating a municipal electric utility. The Council is
condemnor city to operate the transit system immediately after empowered to fix the method of operation. N.Y. GEN. MUN.
the condemnation, is so similar to the intangible property listed LAW art. 14-A § 360 (7). The Council is also authorized to
above owned by Niagara Mohawk, and is likewise needed by appropriate from moneys derived from the rates charged to
the municipal utility to operate immediately after condemnation, meet the municipal electric utility's expenses and activities for
Niagara Mohawk is not likely to succeed in requesting that the obtaining greater efficiency. N.Y. GEN. CITY LAW art 2. §
property be declared trade secret. 13-g. It is important to note, yet again, that it took the Town of
In addition to the real property and special franchise property, Massena nearly seven years to put its municipal utility into
representatives of Niagara Mohawk, in a meeting before the operation. Taking that into consideration, the Common
Council's Cornmittee on Legislation, told Council members they Council, and members of the Common Council for years to
would recover stranded costs through an exit fee added to the come must iron out every detail. As mentioned above, once the
price the Common Council would pay in a condemnation Common Council requests to be allocated preferential power
proceeding. November 18, 1997. However, it is unclear from the NYPA, it may take ten years to actually receive such
whether the Common Council would have to pay such a fee allocations. Topics covered by this section include: setting
intended to "discourage uneconomic bypass of.. [Niagara retail rates, the Public Service Cornmission's authority over
Mohawk's] services and charges...," or stranded costs in other rates set by a municipality, and emergency procedures. Again,
words, Niagara Mohawk's PowerChoice § 4.1 1. 1. this section is only a brief outline and is not meant to be an
Just compensation could be found to have included stranded exhaustive review of operating a municipal electric utility. The
costs. Stranded costs are costs a wholesale supplier of feasibility study mentioned above should address issues
electricity incurs in anticipation of serving a customer which involved in operation in more detail than can be found here.
later become unrecoverable, or stranded, because the 1.RETAILRATES
customer stops purchasing power from that supplier, and the The Common Council is authorized to collect in its rates an
supplier cannot recover those costs by selling the power amount equal to Niagara Mohawk's municipal tax payments as
elsewhere. well as a reasonable return on the value of the property. Article
In Village of Boonville v. Maltbie, 245 A.D. 468; 283 N.Y.S. IX, § I (f) of the New York State Constitution- N.Y. GEN. MUN.
460 (3d Dept. 1935), the Third Department stated "[m]any a LAW art. 5 § 94. The Common Council is also authorized to
utility has put a portion or all of its earning back into invested sell its surplus power. Id. at § 361(l). Under section 360 of the
capital and we fa to find any authority ... for holding that it General Municipal Law the Council is empowered to fix the
thereby waives a future retum upon such investment." Id. at rates for the electric utility services. N.Y. GEN. MUN. LAW
466. The court, in that case, found the lower court, in art. 14-A § 360 (7). Rates should cover all costs incurred by
determining what was a reasonable return on capital expended, the Common Council in providing service, including: debt
erred in excluding ... evidence as to reproduction cost new less service, municipal tax equivalent payments, depreciation, power
depreciation, going concern value, original cost, depreciation costs, operation and maintenance expenses, and contingency
and present value. Id. Therefore, if Niagara Mohawk shows funds.
evidence of the capital it has expended, their "stranded costs" Once the total cost is known, costs would have to be allocated
may be included in the price paid in the condemnation to the different service classes according to the cost of
proceeding instead of in addition to this price as contended by providing them service. These classes would need to be
Niagara Mohawk officials. determined in advance based on demographics such as
Therefore, according to the City records, the real property residential, commercial, industrial, and street lighting. The
alone located within the City owned by Niagara Mohawk is Common Council may establish separate
valued at between eighty-seven and ninety-four million dollars. transmission/distribution service classes under which large
In addition, to begin operating immediately after condemnation users could take only transmission and distribution service-,
and maintain electrical service in the City, the cost would and negotiate individual contracts for power. Thereby, these
include special franchise property, intangibles and possibly users are able to benefit from retail wheeling, the procedure by
damages or stranded costs. The Common Council, unwilling, which the owner of transmission lines transmits electricity
and most likely unable, to issue that kind of debt should seek produced by another party for a specified charge. A rate
state legislation creating an Authority for such an undertaking. design would need to be set for each service class based on
3.ACQUISITION usage, demand and hookup costs. The Cornmon Council
Acquisition of the property begins with the Common Council, could avoid hidden subsidies among rate classes or among
or more likely the Authority, filing a Notice of Petition in State customers by basing the rates on the usage of each class, a
me-thod used when establishing the Solid Waste User Fee on transmission services precludes the mitigation of Entergy's
rates. market power. Moreover, the procedures themselves hang
2.PSC'SAUTHORITYOVERRATES over any prospective deal like the sword of Damocles. To be
The provisions of article four of the Public Service Law forced to litigate to determine the price of a product introduces
govern certain aspects of a municipal utility's operations. N.Y. deal-killing transactional costs and uncertainties.
GEN. MUN. LAW art. 14-A § 364. The most significant of Id. at 179.
these provisions are those requiring utilities to file and maintain FEDERALDEREGULATION
tariffs with the PSC and to secure PSC approval of any Cajun held that the FERC, in that case, committed an error in
changes in those tariffs, including rate increases. N.Y. PUB. failing to explain adequately why the agency had approved a
SERV. LAW §§ 65, 66 (Consol. 1997). stranded-cost provision which seemed to have strong
The rates set by the Common Council must be kept on file anticompetitive overtones. Subsequently, the FERC issued
with the PSC. Id. at § 66 (12)(a). The initial tariffs are not two final rules in an attempt to correct the error. These rules
subject to approval by the PSC. The Common Council will address stranded costs at the wholesale level as well as open
need to decrease its rates only on order of the PSC after the access to promote competition regarding the sale of electric
PSC receives a complaint in writing of twenty-five active energy at wholesale in interstate commerce, FERC Order No.
consumers, holds a hearing and finds the rates result in an 888, 61 Fed. Reg. at 21,628, (issued April 24, 1996). The
excessive return to the utility. N.Y. GEN. MUN. LAW § 364 FERC ordered public utilities to open their transmission
(2)(b). systems to outsiders, including competitors, that obtain their
At any time the municipal utility proposes to change its rates, power supply from sources other than the transmitting utilities,
new tariffs must be filed with the PSC approximately sixty days thus the term "open access."
prior to their effectiveness. The PSC may disallow any change The FERC is encouraging the transition to a more
it finds not to be just and reasonable. If the change would competitive marketplace by requiring the utilities to file open
produce increased revenues of 2.5% or $100,000, public access transmission service tariffs and information on
hearings are mandatory. N.Y. PUB. SERV. LAW § 66(12)(c). wholesale power transactions. 96-12 Op. PSC 31. This "open
The PSC is empowered to suspend the new tariff for eleven access" directive threatens the utilities with a loss of business
months while conducting formal hearings. Id. at subsection selling power, which may never be made up, leaving them with
(12)(f). The Common Council would have the burden of costly excess generating capacity as well as other generation-
demonstrating the new rates are just and reasonable. Id. at § 6 related costs that may go unpaid. To moderate the threat, the
5 (I). FERC has pledged to the utilities that, in return for opening
3.EMERGENCYPROCEDURES their transmission systems, they will have an opportunity in
The Common Council must have the capability to deal with certain circumstances to try to recover stranded costs from
natural or man-made emergencies on the first day of operation. their customers when such customers switch by purchasing
This capability should include: a contingency plan with a power elsewhere. The FERC is also requiring the utilities to
system for reporting emergencies and dispatching these perform the separation, or "unbundling," of wholesale
reports, a control center, a contact list of response personnel, marketing and transmission operation functions. Id.
inventory to bring power back, an arrangement with other Through Order No. 888, currently pending on rehearing in
municipal utilities, and personnel comprised of local residents the ongoing rulemaking that prescribed open access, the
so people needed to respond are in the area. As mentioned FERC spelled out the standards that an electric utility must
above, some, if not all, of these components of an emergency fulfill to be eligible to recover stranded costs. With regard to a
procedure may be included as intangibles when the Common contract executed or renegotiated to be effective after July 11,
Council condemns the property owned b Niagara Mohawk. 1994, Order 888 requires that the contract must contain an
CAJUN explicit stranded cost provision or else the utility has waived its
The FERC's provisions used for stranded costs recovery in eligibility. FERC Order No. 888, 61 Fed. Reg. at 31,805.
Cajun Electric Power C99p,. Inc. v. FERC, 28 F.3d 173 (D.C. Such a provision identifies the specific amount of stranded cost
Cir 1994) are the same as the provisions used by the PSC. liability imposed on the utility by the lost customer and a
See. "State Deregulation" below. Although the Erie County specific method for calculating the stranded cost charge or
Supreme Court in the State of New York, which would hear a rate. Id.
condemnation proceeding brought by Niagara Mohawk, would As to a contract executed on or before July 11, 1994, Order
not be bound by the decision made by the District Court for the 888 requires that a change must be made before the contract
District of Columbia, it would probably find the court's analysis expires by its own terms or else the utility has waived its
in that case to be persuasive. After Cajun, the FERC issued eligibility. The timely change, according to the Order, can be
Order 888 in an attempt to answer the criticisms made by the accomplished at the discretion of the utility either by negotiation
court in Caun. Order 888, howev er, has not yet been (with the contracting parties amending the contract to include
challenged. Furthermore, the PSC ruling takes notice of the an explicit stranded cost or exit fee provision) or unilaterally (by
argument, made by the Municipal Electric Utilities Association, the utility alone filing with the Commission for resolution either
that investor-owned utilities are not entitled to any recovery of such a proposed contract amendment or a proposed rate
strandable costs under Cajun, but the ruling does not address increase covering stranded costs). Id. at 31,797-98. In
the argument directly. 96-12 Op. PSC 20. addition, the utility must prove that when it incurred specific
In Caun, wholesale and retail customers of Entergy costs (which need to be prudent, legitimate, and verifiable), it
Corporation petitioned for review of three electric power tariffs had a reasonable expectation that it would continue to serve the
filed by Energy and approved by the FERC. 28 F.3d 173. The particular sales customer after the existing contract terminated.
tariffs were supposed to permit Entergy to engage in market- Id. at 31,788.
based pricing in the generation market, while simultaneously The FERC stated it will defer to the State on several matters,
introducing competition to that market. Id. The court held the including retail service to ultimate consumers, service reliability,
FERC's decision to approve the tariffs without holding hearings authority to impose non-bypassable retail stranded cost
was arbitrary and capricious. Id. at 175. charges. Id. The question whether the federal or a state
The tariffs, in that case, were based on the notion that "if agency retains jurisdiction over retail wheeling, however,
Entergy los[t] a customer of generation capacity to a competitor remains open to debate. Wheeling is where the owner of
but the customer continues to employ Energy's transmission transmission lines will transmit power produced by another
grid, the charge for the transmission will include not only costs source for a fee. Order 888 takes into consideration the fact
directly associated with it, but also the cost of Entergy's that the issue of federal versus state jurisdiction over retail
generation capacity idled by the switch." Id. at 177. The court, wheeling programs is complex and not yet totally settled. In
found the tariffs to be a tying arrangement: "if a company can Order 888, the FERC declined to address the specific issue of
charge a former customer for the fixed cost of its product whether states have the authority to order retai lwheeling. Also,
whether or not the customer wants that product, and can tie in Order 888-A the FERC acknowledged that some states have
this cost to the delivery of a bottleneck monopoly product that implemented retail wheeling, and anticipates that more states
the customer must purchase, the products are....tied...... Id. at will do so. The FERC indicated that while it retains jurisdiction
178. The FERC argued its decision to approve the tariffs was over transmission of electric energy in interstate commerce, it
not arbitrary because decisions as to whether stranded costs will give deference to tariffs filed with and approved by states
are recoverable are made on a case-by-case basis. Id. But the as a result of implementation of retail wheeling programs. Both
court was not moved by that argument: federal statutory and FERC authority indicate that the FERC
The provision of procedures to determine stranded has not precluded states from implementing retail wheeling
investment cost on a case-by-case basis at a later date is no programs. The Public Service Commission for the State of
answer if the provision has a present anti-competitive effect. New York has begun the implementation of such programs.
Assurances that stranded investment cost is legitimate, See. "State Deregulation" and "PowerChoice" below.
verifiable and accurately calculated do not in themselves Most important to the issue of municipalization, however, in
resolve whether the imposition of such production-related costs Order 888, the FERC stated that, where newly created
municipal electric utilities required transmission service from determined by the PSC on a case-by-case basis where utilities
the displaced utility, the FERC will entertain requests for will be entitled to show why it would be reasonable for recovery
stranded cost recovery since such municipalization is made to be allowed. Id. The determination will involve a careful
possible by open access. Thus, if the Common Council uses balancing of the interests of the utility and the expectations of
the Niagara Mohawk facilities under open access it may have to its customers. Id. at 14.
pay for stranded costs. Therefore, in regards to municipalization, the PSC ruling
In addition to the rules set forth by the FERC, Senator provides for recovery of limited stranded costs, to be
Bumpers of Arkansas, has been the only senator so far to determined by the PSC on a case-by-case basis. Under Cajun
introduce federal deregulation legislation. On January 30, , however, a determination by the PSC will not help if the
1997, he introduced the Electric Consumers Protection Act of stranded costs are anti-competitive. 28 F.3d 173. "Moreover,
1997 (S.237). Due to the strong position of the industry's lobby the procedures themselves hang over any prospective deal like
in Washington, it is not likely the bill will be passed, but, as the sword of Damocles. To be forced to litigate to determine
mentioned above, the Common Council should be kept the price of a product introduces deal-killing transactional costs
apprised of all pending legislation, agency rulings and litigation and uncertainties." Id. at 179. The PSC ruling also requires
in this continually evolving area. In his introduction, among the Niagara Mohawk to try to mitigate those costs, and the court, in
reasons he stated for the need for federal deregulation, Senator Caun, found that just because the stranded costs are verifiable
Bumpers said six states--CA, NH, RI, PA, VE, and MA already does not mean Niagara Mohawk does not have to mitigate. Id.
have legislation providing for competition in the electric utility Further, although the stranded cost must be verifiable, as
industry and forty more are reviewing deregulation. This would stated under the section entitled "Condemnation," above, the
mean utilities operating in more than one State could be market price of a utility is difficult to determine because there is
subjected to conflicting regulatory regimes. Senator Bumpers no real market for utilities. This may mean Niagara Mohawk
also said it would be unfair for a utility in a State that does not would be unable to recover the full amount of their stranded
require retail competition to be able to sell power at retail in an costs due to the portions which are unverifiable.
adjoining State that requires retail competition, while a utility RESPONSETOTHEPSCRULING
subjected to retail competition is unable to mitigate its losses by In response to the PSC decision, the Energy Association of
competing for customers in the adjoining State which does not New York State, of which Niagara Mohawk is a member, filed a
provide for competition. Senator Bumpers concluded that sort lawsuit in the Supreme Court for the State of New York
of anomaly both increases stranded costs and distorts the requesting the court to order a review of the decision. On
generation marketplace. November 26, 1996, the court ruled against the Energy
He went on to explain the limitations which need to be set on Association. Energy Association of New York State v. PSC,
a utility's ability to recover stranded investments in facilities 653 N.Y. S.2d 502 (N.Y. Sup. 1996). Primarily, the court held:
which would be uneconomic as a result of a transition to 1.) under sections 5(2), 64, 66(10) and 4(l) of the Public
competition, in other words stranded costs. He said his bill Service Law, giving the PSC jurisdiction over utility rates,
would limit such recovery to those which: 1.) were prudent services and long-range economic planning, the PSC has
when incurred; 2.) are legitimate and verifiable; and 3.) cannot jurisdiction to require the companies to file restructuring plans.
be mitigated by selling power to others in the competitive Id. at 509. (Niagara Mohawk subsequently fulfilled the filing
market. The bill subjects a utility seeking to recover stranded requirement with its PowerChoice proposal, discussed below.)
costs to review by a State commission which would then 2.) The PSC did not lack authority to order retail wheeling
assess consumers a wires charge to compensate for the because the "[r]efusal to deliver a competitor's electricity, while
utility's stranded costs. Stranded costs, under the bill, are to delivering one's own, would create a preferential use of the
be fully recoverable, over a reasonable period of time, through a distribution system (contrary to PSL, sec. 65(3)) and otherwise
charge imposed on customers, who will grouped into classes, violate state and federal antitrust laws." Id. at 5 1 0. And, 3.)
and each class shall be responsible for its proportional share The PSC's decision to base the recovery of stranded costs on
that existed prior to deregulation. Id. at § 106 (d) and (e). a case-by-case basis did not constitute a breach of contract
Furthermore, the bill provides that "...if a retail electric energy under the utilities' regulatory compact with the State. Id. at 513
provider tells all of its generating facilities, [stranded costs will (ccitin N.Y. PUB. SERV. LAW § 72; Abrams v. PSC, 67
also mean] the difference between the book value of such N.Y.2d 205, 212; NX.S.2d 777 (1986), which interpreted
facilities less the amount received from their sale." Id. at (f)(2). section 72 as empowering the PSC to denyutilities recovery of
Therefore, should the Common Council decide to condemn prudent costs). The court, on that issue, held, in the absence
Niagara Mohawk's generating facilities after the passage of this of arbitrary and capricious decision-making, it must defer to the
bill, it may have to pay limited stranded costs. regulatory body. Energy Association of New York State v.
What the passage of this bill could mean to municipalization PSC, 653 N.Y. S.2d 502, 515. On December 24, 1996 the
is somewhat unclear. The bill calls for all persons seeking to Energy Association and its member companies filed a notice of
sell retail electric energy to have "...reasonable and appeal with the Appellate Division, Third Department, of the
nondiscriminatory access to the local distribution and retail New York State Supreme Court. The case is still pending.
transmission facilities of all retail electric energy providers and Therefore, the Common Council will probably have to wheel
all related services." S.23 7, 105th Cong., 1st Sess. § 102 (b). power to competitors, unless the decision as to that issue is
This would open such facilities, owned by Niagara Mohawk, to overturned. Id. The ruling made by the PSC to determine
the Common Council to provide retail service. It would also stranded cost recovery on a case-by-case basis is still open to
mean that, if the Common Council were to condemn such attack as being anti-competitive. See.
facilities, the Common Council would have to allow access to Ca'un, 28 F.3d 173. Best of all, under Abrams, the PSC may
the facilities by a competitive retail service. deny Niagara Mohawk recovery of stranded costs against the
STATEDEREGULATION Common Council, 67 N.Y.2d 205.
On May 16, 1996 the PSC made a ruling in the Competition POWERCHOICE
Opportunities Proceeding which ordered the restructuring of PowerChoice is the proposal, submitted by Niagara Mohawk
the electric industry in the State of New York. The decision and approved by the PSC, to restructure Niagara Mohawk in
calls for a competitive wholesale power market in 1997 and the accordance with the PSC opinion discussed above. The
introduction of retail access for all electric customers in early opinion given in this section will regard PowerChoice as
1998. originally submitted due to the failure of the PSC to answer
Similar to the bill before Congress, the ruling states that requests for the revised PowerChoice after approval. Under
strandable costs, which could be the subject of a separate PowerChoice, Niagara Mohawk will freeze its residential and
recovery mechanism (outside the market) must be prudent, commercial electricity prices for five years while cutting prices
verifiable, and non-mitigatable. 96-12 Op. PSC 13. Stranded for industrial customers. Thus, only one class of customers,
costs are costs a wholesale supplier of electricity incurs in large industries, will receive a reduction in rates for the first five
anticipation of serving a customer which later become years. There are several provisions in PowerChoice that affect
unrecoverable, or stranded, because the customer stops municipalization.
purchasing power from that supplier, and the supplier cannot For example, any municipality that establishes its own
recover those costs by selling the power elsewhere. The electric system will have to pay a competition transition charge
calculation of these costs “...requires comparing an asset s ("CTC"), also referred to as an exit fee, to enable the full
book value to its market price..., [and] in order to be verifiable recovery of stranded costs, even if the municipality remains
there should be a way to check any preliminary estimate of a connected to Niagara Mohawk's system. Full recovery,
strandable cost after the market price is known." Id. however, has never been promised by rulings made by federal
The ruling provides for recovery of utility stranded costs by a or state agencies. The PSC ruling limited recovery of these
non-bypassable "Wires charge" to be imposed on customers. costs to ones that are "...prudent, verifiable, and
Id. But the ruling also directs that creative means are to be nonmitigatable." 96-12 Op. PSC 13. The PSC ruling stated
used by utilities to reduce the amount of these costs before the PSC would determine which of these costs are recoverable
they are considered for recovery. Id. These costs will be on a case-by-case basis. Under Cajun, deciding the
recoverability of stranded costs on a case-by-case basis is not ruling made by the PSC. The revenues lost formula is equal to
acceptable if the costs are found by a court to be anti-the net present value over Y years of (R-E). Where R equals
competitive. 28 F.3d 173. the annual estimate revenue from the customer, E equals the
The CTC is anti-competitive because, as mentioned above, Company's estimate of the annual revenues it can receive by
according to PowerChoice, if the Common Council establishes selling the released capacity, and Y is the number of years
a municipal electric utility, but decides not to condemn Niagara required for the Company to recover its full stranded costs.
Mohawk's transmission grid -- steel towers, transformers and PowerChoice § 4.11.3. According to this formula, not only does
wire, and the municipal utility remains connected to Niagara any customer who chooses the competition have to pay for
Mohawk's transmission system, the Common Council would Niagara Mohawk's poor investment decisions, but Niagara
still be charged the CTC. The court, in Cajun, found the exact Mohawk determines the price. But the PSC ruling stated the
same type of charge to be a tying arrangement. Id. at 178. PSC would determine what stranded costs would be
The electric utility in that case wanted to build its stranded recoverable on a case-by-case basis. Suppose Niagara
costs into the charge former customers would pay for Mohawk didn't feel it should invest in the marketing required to
transmission so that the charge for transmission included the sell the released capacity? The customer, in this case the
cost of the utility's generation capacity idled by the loss of the Common Council, is not entitled to any mitigation of the CTC
customer. Id. at 177. The same situation is presented here, under PowerChoice. Again, PowerChoice is contrary to the
according to PowerChoice, if the municipal utility continues to PSC ruling which stated stranded costs must be "...must be
employ Niagara Mohawk's transmission grid, it will be charged prudent, verifiable, and non-mitigatable." 96-12 Op. PSC 13.
a CTC to enable the full recovery of stranded costs. Under The recommendeddecision to approve PowerChoice, written
Cajun, the CTC, in that situation where the utility continues to by Administrative Law Judge William Bouteiller, suggested
use Niagara Mohawk's transmission, is a tying arrangement Niagara Mohawk accept partialcontributions towards
and is anti-competitive, "Antitrust laws ... are as important to strandable costs from municipalities that prefer to form their
the preservation of economic freedom and our free-enterprise own systems. The decision states a one-time CTC would be
system as the Bill of Rights is to the protection of our based on the amount of revenues the company stands to loose-
fundamental personal freedoms. And the freedom guaranteed -but it could be paid in installments. In addressing the
each and every business, no matter how small, is the freedom concerns raised by municipalities wishing to operate their own
to compete -- to assert with vigor, imagination, devotion, and electric systems and their dissatisfaction with both the rates
ingenuity whatever economic muscle it can muster." United charged by Niagara Mohawk as well as the CTC, the
States v. Topco Associates, Inc., 405 U.S. 596, 610 1972). administrative law judge suggested the P SC find a way to
Furthermore, in PowerChoice, Niagara Mohawk states the forestall a continuation of this dissatisfaction as the state's
intent of the CTC, or exit fee, is to "discourage [the] electric industry is being restructured. Unfortunately, although
uneconomic bypass of the Company's services and charges in the PSC has approved PowerChoice, it has not yet rendered a
cases where such bypass is not economic from society's decision
standpoint and would therefore shift costs to other involving the concerns raised in the recommended decision
stakeholders." PowerChoice § 4.1 1. 1. These "other to approve PowerChoice and a revised PowerChoice as
stakeholders," include holders of shares in Niagara Mohawk. It approved by the PSC is not available.
is unfair that shareholders are entitled to full recovery of the Therefore, the PSC's approval of PowerChoice may provide
cost of investments unable to be recovered in a competitive ground for "arbitrary and capricious" challenges under Article
market. In a market where there is, and always has been, 78 of the CPLR, as well as a challenge as to its anticompetitive
competition, investments made by a manufacturer that could effect provided a potential plaintiff has standing. When the
not be recovered through the price of the product would be approval of PowerChoice was announced, still in the mist of
considered bad investments. For example, for twenty years researching the topic of municipalization and deregulation, it
Company A is the only company producing widgets for a given was hard to believe the PSC would approve of a plan that flies
community. Suddenly, Company B moves in and begins to in the face of its own ruling. Although the PSC approved a
compete with Company A. This new competition results in a revised PowerChoice which is still unavailable, it is almost
loss to the shareholders of A, because, due to the competition impossible that the revision obliterated all grounds for
the price of widgets has dropped and Company A is still paying challenge.
for the spa and health club it installed for its executive officers. ALLIEDSIGNAL,INC.
The customers of B certainly wouldn't be required to make up Allied Signal, Inc. ("Allied") provides a perfect example of
for the loss incurred by the shareholders of A due to their poor why deregulation and a competitive electric utility industry could
investment decision. be very important to the Common Council in its attempts to
Similarly, because the regulators of the utility industry allowed encourage commercial development within its boundaries.
Niagara Mohawk a monopoly for over twenty years, Niagara Allied, a manufacturer of products for the automotive and
Mohawk invested to its heart's content believing the pot of gold aerospace industries, has petitioned the PSC, on behalf of its
would never run low. But, now that Niagara Mohawk has to plant in the village of Green Island, to order Niagara Mohawk to
compete, the competition should not have to pay for Niagara disconnect the plant from its utility grid. The case may show
Mohawk's poor investment decisions. And the effect of forcing how inclined the PSC is to foster electric utility deregulation by
the competition to contribute to make up for the loss incurred its determination as to whether an industrial customer can ask
by Niagara Mohawk shareholders is no different than allowing to be disconnected from a utility electric system in order to take
the monopoly to continue. Although the PSC requires Niagara power from another utility. The legal issues will include
Mohawk to prove stranded costs are the result of prudent questions of anti-competitive behavior and antitrust violations.
investments, what is prudent? Furthermore, who will decide In addition, a number of economic issues are involved,
what is prudent? including the complaint that electric rates in New York State put
In approving PowerChoice the PSC noted that the bulk of the manufacturers at an almost insurmountable competitive
stranded costs were incurred in response to government disadvantage.
policies designed to promote the independent power industry. Allied alleges Niagara Mohawk has refused to disconnect it
The PSC determined that newly formed municipal systems for anti-competitive reasons. The company wants to purchase
should not be exempt from the CTC because to do so would electricity for the plant from the Green Island Power Authority
increase the burden on remaining customers. However, there ("GIPN'), a municipal utility, at a rate around 50 percent lower
are plenty of other industries that have to make large than it currently pays Niagara Mohawk. GIPA can offer lower
investments to comply with government regulations, and they rates because it purchases electricity from the New York Power
are not allowed to pass those costs on to the competition. If Authority. N.Y. GEN. MUN. LAW art. 14-A § 360 (2).
they were it would more than likely be found to be an unfair In response, Niagara Mohawk sought a permanent injunction
restriction on free trade. Instead, individual companies are in state Supreme Court in Albany County in October to prohibit
forced to either pass those costs on to their customers or go GIPA from providing electricity to the plant. To support its
out of business. For example, many companies in the steel position, Niagara Mohawk cited a 10-year-old settlement with
industry such as Bethlehem Steel, when faced with federal GIPA that essentially decided which classes of customers in
emissions standards, had to close their plants. Likewise, the Green Island were to be served by each of the utilities. Niagara
automotive industry is constantly faced with environmental and Mohawk also asked the PSC to dismiss the case because
safety regulations, and it must raise prices to cover the cost of disconnecting the plant would aid and abet the GIPA in its
compliance. Those industries are not afforded the luxury of plans to violate the settlement. The GIPA contends there are
passing on such costs to new competitors just entering the legal problems with the contract which it was coerced into
marketplace. Therefore, it is difficult to understand why signing, and Allied claims the settlement is an illegal restraint of
Niagara Mohawk is different, especially given the profits it trade which violates antitrust laws.
reaped due to a more than twenty-year monopoly. Allied charges that, after it inquired about the process by
To add to the anti-competitive nature of the CTC, Niagara which it could be disconnected, Niagara Mohawk terminated
Mohawk's formula for calculating the CTC is contrary to the the plant's negotiated rate arrangement, which had been in
existence for almost 10 years, increasing the rate paid by the there are potential problems due to pending legislation, the idea
plant to an average of around 10 cents per kilowatt hour should not be discarded, but rather explored further. At the
("Kwh"). It is Allied's position that it is ready and willing to very least, a request for proposals should be prepared to
make payments due under the tariff for the three months examine the costs and to determine what the financial
subsequent to the cancellation notice. Niagara Mohawk implications will be, now and in the future.
counters that it informed Allied that it would not waive its fights REFERRED TO THE COMMITTEE ON LEGISLATION
under the previous court-sanctioned agreements. Meanwhile,
GIPA has built a substation and is ready to connect Allied as
soon as Niagara Mohawk removes its wires. In its PSC filing, FROMTHECOMMISSIONEROFCOMMUNITY
Niagara Mohawk calls the substation a duplication of DEVELOPMENT
distribution facilities and refuses to strand its prudently incurred
costs. In the alternative, if the PSC rules against Niagara NO.51
Mohawk, the utility is requesting that no action be taken until LDA-SOUTHELLICOTTPHASE2URBANRENEWAL
Allied pays an exit fee established by PowerChoice. AREAAPPROVALOFCONTRACTFORSALEOFLAND-
The reason for the dispute is that the lowest rate Allied could 1.9ACRES
negotiate with Niagara Mohawk was 8.5 cents per kwh, but the PORTIONOF289EXCHANGESTREET
average cost for electricity for Allied's competitors ranges from The City of Buffalo Urban Renewal Agency duly
2.9 to 4.5 cents per kwh. GIPA offered 5 cents per kwh. designated Acquest Holdings, Inc. and/or joint venture,
Electric rates play a crucial role in a commercial business partnership, corporation or other legal entity to be formed as the
location decision, and Niagara Mohawk's stronghold over those qualified and eligible Redeveloper for the subject parcel.
rates causes those business to glean right past the prospect of The Agency has also determined that the proposed
setting up shop in the City of Buffalo. As far as residential Land Disposition Agreement negotiated by the Agency and the
rates, the GIPA charges its residential customers around 5.5 Redeveloper is satisfactory.
cents per kwh and commercial customers pay even less. Please be advised that in accordance with the
Niagara Mohawk charges residential customers in the City of provisions of Article 15A of the General Municipal Law, it is
Buffalo 10.5 cents per kwh. now necessary for your Honorable Body to set a date for a
Therefore, although, due to its fact-specific nature, the Allied public hearing, and to direct the publication of a notice of said
Signal dispute does not pose the same questions raised in this hearing. In the interest of time and anticipating that Your
paper, it is informative as to the way Niagara Mohawk operates Honorable Body is willing to expedite this matter, I have taken
to maintain its stronghold and discourage competition. This the liberty to prepare a Resolution together with a Notice of
dispute also exemplifies the difference in rates between Public Hearing for your action.
Niagara Mohawk and a municipally owned electric utility. Lower Forwarded herewith are the following documents:
rates are always a good idea, but in the case of a city 1. Resolution setting Public Hearing
attempting to attract both new business and residents, cheaper 2. Notice of Public Hearing
electric power is an exciting prospect. 3. Resolution approving proposed Land
THECOMMONCOUNCIL'SOPTIONS Disposition Agreement
As mentioned above in the section entitled "Feasibility 4. Proposed Land Disposition Agreement
Study," the Common Council should issue a request for After the Public Hearing is held, Your Honorable
proposals for the preparation of a feasibility study for a Body may adopt a Resolution authorizing the disposition of the
municipal power system. Next, it could either prepare the study land to the Redeveloper, which the Agency has designated as
using its own budget, or first establish a municipal utility, the being qualified and eligible.
Authority, as a vehicle for exploring the options available. REFERRED TO THE COMMITTEE ON COMMUNITY
Some of the options include, as mentioned above, either DEVELOPMENT.
condemning Niagara Mohawk's entire Buffalo operation, or
taking on the functions of an energy services company or an NO.52
aggregator. This would mean the Authority would use Niagara NEWCONSTRUCTIONPOLICY
Mohawk's transmission grid to provide its own power STATUSREPORTTOCOMMONCOUNCIL
generation services, or combine with other entities such as Attached for Common Council review are the
surrounding municipalities to provide such services. On the Department of Community Developments new home
other hand, the Common Council could choose to own and construction policies. The document outlines the process
operate the wires only, leaving the energy services role to the designating development areas, builder selection,
competitive marketplace. This would allow the Authority to use environmental review, and complaint review. Listed below are
its tax exempt financing ability to keep distribution rates low, the complaints the Division of Neighborhood's staff are
while at the same time allowing residents to shop for their own addressing and currently working with the homeowners and
power. Wires used to deliver power in wholesale transactions contractors to resolve the specific problems:
would be FERC jurisdictional, while those used to deliver power Address: 38 Schutrum
to end-users would be PSC jurisdictional. Contractor: Gal Van
Alternatively, the Common Council could leave the wires with Complaint: water in basement
Niagara Mohawk and provide aggregator services only. The Status: problem revolved
Authority may have the legal authority to serve as the exclusive Address: 209 East Ferry
aggregator for the community (a community-wide load Contractor: Gal Van
aggregator), compete with other aggregators or be the Complaint: water - roof leaking
exclusive aggregator for certain segments of the community. Status: problem addressed - simple solution - waiting for
The Common Council could also combine ownership of the contractor
distribution system with aggregator services on a non-Address: Suffolk Street New Housing
exclusive, competitive basis. This would bring the benefits of Contractor: Burke Brothers Developers
tax exempt financing to the rates paid by all end-users for Complaint: slow problems with escrow items -
delivery service and provide bulk purchasing benefits for all railings, sidewalks, landscaping
consumers while still allowing users to make their own Status: problem resolved - work being completed
purchasing decisions. Another option would be for the Address: 757 East Eagle
Common Council to create a portfolio of power generating Contractor: Burke Brothers Developers
resources from different suppliers, or to participate in joint Complaint: water ponding in rear yard
action agency. This agency currently consists of seventeen Status: problem being resolved
municipal systems in New York which purchase incremental Address: 588 Spring
power supplies from three different suppliers and was formed Contractor: James Management
under Section II9-o of the General Municipal Law. Complaint: garage pad and poor grade of top soil
The Common Council has so many options available that are Status: working with contractor to resolve the problem
mingled with numerous complexities. A feasibility study could Address: 165 Purdy
be a start to putting things into perspective. Municipalization of Contractor: Gal Van
the electric industry could help to entice new taxpayers to move Complaint: waiting for home owner to set-up an
to the City of Buffalo, as well as encourage the taxpayers appointment for inspection
currently residing here to stay. Therefore, the Common REFERRED TO THE COMMITTEE ON COMMUNITY
Council should, in the very least, be open to discussing the DEVELOPMENT.
idea.
CONCLUSION NO.53
Municipalization, in light of deregulation, should be PASCHAMANN-WATERDRAINAGEPROBLEM
considered and discussed by the Common Council. While AT757E.EAGLESTREET
CCP#99-APRIL28,1998 At this time, Ms. Pettigrew is out of town and not available for a
In response to several items that were bought to the Council's site visit. She has notified the Division that she will contact us
attention by Ms Pascha Mann on May 20, 1998 at the upon her return.
Community Development Committee meeting (CCP #99 - REFERRED TO THE COMMITTEE ON COMMUNITY
attached), the following items have been resolved: DEVELOPMENT.
1. Complaint: Toilet does not flush properly.
Response: Terry Sexton, Director of New NO.55
Construction, met with Ms. Mann and Channel 2 GRAPHICCONTROLSDEVELOPMENT-
News on May 14, 1998 to inspect Ms. Mann's toilet. EXCHANGESTREET
Mr. Sexton found that the toilet was working in SEQRNEGATIVEDECLARATION
proper order. A Negative Declaration for the above-referenced
2. Complaint: Replacement of three (3) stairs in project is hereby filed with your office in accordance with
rear by patio doors. Section 617.12 of the New York State Environmental Quality
Response: The stairs will be replaced once the work Review Act.
has been completed. If you should have any Questions please contact
3. Complaint: Landscaping - grass seed mixture Gregory Bernas in the Division of Planning at 851-5083.
had weeds. Thank you.
Response: A supreme hydroseed will be applied RECEIVED AND FILED.
upon the completion of the grading. NO.56
4. Complaint: Will the City replace the fence? 1269&1277JEFFERSONAVENUE
Response:Two sections of the existing fence will be 350&358RILEYSTREET
removed to conduct the necessary repairs and REQUESTTOTRANSFERTOCITYOFBUFFALO
properly reinstated. AMERICANREDCROSSPROJECT
5. Complaint: Will the berm be leveled? The American Red Cross is prepared to construct an
Response: The berm will not be leveled. A swail will emergency shelter on a parcel bounded by Jefferson - Riley
be graded around the sides of the property to divert and Landon Streets.
ground water. Drain tile will be added to the back The majority of the parcel is owned by the City of Buffalo
section of the property along the base of the berm. except for the above four (4) parcels.
6. Complaint: Foundation cracks were found. Attached is a copy of a letter from Councilmember Barbara
Response: A foundation crack was observed and Miller-Williams supporting the project.
determined to be a shrinkage crack, this will be John Hannon is having the entire parcel appraised with a
corrected by the contractor. separate dollar amount put on the BURA parcels. BURA will
7. Complaint: Sewer cleaning and street drainage then be compensated for the four (4) parcels from the final
grades. sale. A copy of a map with the subject area outlined is
Response: The sewers were previously cleaned and attached.
Public Works Department have been notified to We, therefore, respectfully request Your Honorable Body to
rebuild the front curbs. approve the transfer of title from BURA to the City of Buffalo for
8. Complaint: Possible damage to the Driveway the sum of One Dollar ($1.00) and no more.
and/or sidewalk by heavy machinery brought on to REFERRED TO THE COMMITTEE ON FINANCE.
the property to do the work.
Response: Heavy machinery will not be brought on NO.57
to the property RESULTSOFNEGOTIATIONS
9. Complaint: Coverage of loss of property in 69WEST,NORTHCORNEROFVIRGINIA
basement in case of flooding when work begins. VACANTLOT:41'X75’
Response: This Department cannot answer ASSESSEDVALUATION:$5,300
pertaining to the possibility of further flooding. The Department of Community Development,
In addition, the remaining houses were inspected and no Division of In-Rem Properties, has received a request to
problems were noted. One of the homeowners were purchase 69 West Avenue from Mr. Raul A. Hernandez, 186
interviewed while Channel 2 was present and reported that he Whitney Place, Buffalo, New York. Mr. Hernandez owns 288
loves his new home and does not have any problems to report. Virginia Street, which adjoins 69 West Avenue. He intends to
Mr. Sexton has been monitoring the Contractor to follow-up on clean up the area and use for extra yard space.
the work. The Contractor reports that work is scheduled to The Department of Community Development and
begin on June 8, 1998. Division of Collections have no objections to the sale. There
REFERRED TO THE COMMITTEE ON COMMUNITY are no outstanding taxes, building code violations, or other liens
DEVELOPMENT. owed to the City of Buffalo by the purchaser.
An independent appraisal of the property was
NO.54 conducted by Bronstein Appraisal Service, 3666 Main Street,
T.PETTIGREW-BNRCLOAN-258LEMONCOMPLAINTS Buffalo, New York 14226. He has estimated the value of the
CCP#104-APRIL14,1998 property to be Fifteen Hundred Dollars ($1,500). The Division
The Division of Neighborhoods has reviewed the concerns of In-Rem Properties concurs with the appraisers estimate of
noted in the letter dated March 31,1998 from Ms. Tracy value.
Pettigrew of 258 Lemon. Ms. Pettigrew obtained the house at The results of our negotiations are that Mr. Hernandez has
the County in rem auction in a state of advanced disrepair. The agreed and is prepared to pay Fifteen Hundred Dollars
Department provided assistance of $20,000 to help bring the ($1,500) for the subject property. He has also agreed to pay
home into compliance with local codes. As part of the work, for the cost of the appraisal, transfer tax, recording fees and
the contractor, Hefty's Construction, rebuilt the chimney, cost of the legal description.
installed a new roof with gutters and downspouts, sided the I am recommending that Your Honorable Body
entire house and added a porch deck, steps, awning and approve the sale of 69 West Avenue to Mr. Raul Hernandez in
railings, provided three new doors where previously there were the amount of Fifteen Hundred Dollars ($1,500). I am further
none, installed all new windows, reinforced flooring with recommending that the Corporation Counsel prepare the
plywood underlayment in areas on the first floor, installed a necessary documents for the transfer of title and that the Mayor
dropped ceiling and new cabinets in the kitchen, and installed a be authorized to execute the same.
new heating system. In December, 1997, Mickey Howard, REFERRED TO THE COMMITTEE ON FINANCE.
Frank Rossi, and Ron Sokolowski, the original project monitor,
visited the home. It was noted that there may be structural NO.58
problems which are causing some of the repairs to be pulled CERTIFICATEOFAPPOINTMENT
out of alignment (the floor, the awing, possibly the siding). In Appointment Effective June 1, 1998 in the Department of
order to determine if the problems cited by Ms. Pettigrew are Community Development, Division of Inspections, Licenses &
the result of poor workmanship, or if more serious structural Permits to the Position of Senior Inventory Clerk, Permanent
problems exist, the Division of Neighborhoods has designated Appointment at the Intermediate Starting Salary of $27,321
a new team to investigate her concerns. Tom Wilcox of BNRC, Salvatore Canazzi, 193 St. Lawrence Street, Buffalo, New York
Bob Krieger, Rehab Construction Analyst and Mickey Howard, 14216
will again schedule a meeting with Ms. Pettigrew and determine
what, if anything, should be done. In necessary, the Division FROMTHECOMMISSIONEROFSTREETSANITATION
will allocate additional funds to assist with corrective action. If
the problems are structural in nature, Ms. Pettigrew may need NO.59
to obtain additional assistance from a private lender. R.F.P.-EASTSIDETRANSFERSTATION
Enclosed please find copies of the following: The difference between the old and "new" language is that
1. Request for Proposals (RFP) for the operation of the East under the old, the insured could file under major medical for
Side Transfer Station; 80% reimbursement of the $3 co-pay amount--that is, could be
2. Comments on the draft RFP that was previously published; reimbursed $2 of the copay--and this is no longer available
3. Response to the substantive comments on the draft RFP. under "new language." Thus, the most that a policyholder is
I wish to file these with the City Clerks Office in accordance exposed in terms of drug cost should be the $2.
with 120-W of General Municipal Law. If you should have any Steve Miska, Assistant Director of Labor and Employee
questions, please contact me at 851-5355. Thank you for your Relations, is available to answer any questions you may have
assistance in this matter. on this issue.
REFERRED TO THE COMMITTEE ON BUDGET REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
NO.60 NO.63
AMENDEDFINALRFP-EASTSIDETRANSFERSTATION CHANGESTOGREATLAKESCONTRACT
Enclosed please find copies of the following: The following changes have been made and incorporated into
1 . Amended Final Request for Proposals (RFP) for the Agreement for Debt Recovery Services with Great Lakes
the operation of the East Side Transfer Station (ESTS); Collection Bureau, Inc.
2. Comments on the draft RFP that was previously Page 8 - Section 3 - Add...'address and employment' of each
published; debtor.
3. Amended response to the substantive Page 9 - Section 4 - CHANGE $ 1 00.00 to '$50.00'
comments on the draft RFP. Page 15 - Section 2 - ADD...'Commissioner of Administration
I am filing these with the Clerk's Office again since and Finance' proof
there has been an amendment to the RFP. The amendment of ..
consists of a due date change from June 12, 1998 to June 26, Mrs. LoTempio moved:
1998. If you should have any questions, please contact me at That the changes as listed above be added to the
851-5355. Thank you for your assistance in this matter. Agreement for Debt Recovery Services with Great Lakes
REFERRED TO THE COMMITTEE ON BUDGET. Collection Bureau, Inc. and incorporated into the final
document.
FROMTHECOMMISSIONEROFADMINISTRATIONANDPASSED.
FINANCE AYES-11. NOES-0.
NO.61 FROMTHECOMMISSIONEROFHUMANSERVICES,
ADOPTEDBUDGETREVISIONS PARKSANDRECREATION
Please be advised that the transfer to the Enterprise
Fund - Refuse & Recycling for $1,879,149 that was voted on in NO.64
the "change-by" Council budget sheets as account 100818-RESPONSE-HIRECONSULTANTTODEMOLISHCITY
00000-053 should not appear in the budget as a general DIVINGPOOL
charges appropriation. Rather, this transfer should appear in CCP#72C.C.P.MAY26,1998
the budget as an interfund transfer in the "Revenues, I have been asked to respond to the above-named matter.
Resources, and Interfund Transferes' section where the The pools in question are no longer used because
transfers to the Board of Education, NorthAmericare and they no longer meet state safety specifications. These pools
Capital Debt Service funds appear. The correct total for have not been open for at least ten (10) years and remain a
General Charges is $27,895,618 and the correct amount for serious liability question for the City.
transfers out is $95,552,016. Community Development has identified the
Also, there was an amendment made to the budget on demolition funds and we wholeheartedly support the demolition
the Council floor increasing the appropriation to the Division for effort.
Youth - Youth Court Administration in the amount of $55,400. REFERRED TO THE COMMITTEE ON FINANCE.
The balancing action was to reduce the amount the Council
added to the interfund transfer from the General Fund to the NO.65
Capital Debt Service Fund by $55,400. However the new PERMISSIONTOTRADEINEQUIPMENTTOPURCHASE
amount was miscalculated and the transfer to the Debt Service NEWEQUIPMENT-JACOBSONENGINE
was only reduced by $55,000. The correct amount to be added Iam writing to request permission to trade in the
to the transfer to the debt service should be $421,988 rather equipment listed below, to enable us to purchase seven (7)
than $422,388. (1998 Jacobson T 445G Turfcat 44.6 h.p. engine. ('Item No.
Both of these changes should be reflected when the adopted 13 #PO52035, $9,588. each for a total of $67,116. total.)
budget is printed. Monies from this trade in will be used to purchase this
Thank you for your attention to this matter. equipment under State contract.
Mrs. LoTempio moved: PK 8704 1987 CUSHMAN 3 CYL. DIESEL
That the above communication from the Department blown engine - no deck $200
of Administration and Finance dated June 2, 1998, be received PK 8705 1987 CUSHMAN 3 CYL. DIESEL
and filed; and transmission slips $1,300
That the 1998-1999 Fiscal Year Budget of the City PK 8811 1988 CUSHMAN 3 CYL. GAS frames and
of Buffalo be amended and corrected to read as stated in the cuffing decks worn out $1,000
above communication. PK 8812 1988 CUSHMAN 3 CYL. GAS frames and
PASSED. cutting decks worn out $1,000
AYES-11. NOES-0. PK 8813 1988 CUSHMAN 3 CYL. GAS frames and
cutting decks worn out $1,000
NO.62 PK 8814 1988 CUSHMAN 3 CYL. GAS frames and
C.ZANE-MEDICALBENEFITSRETIREDBLDG.INSP. cutting decks worn out $1,000
CCP#104-4/28/98 PK 8905 1989 TORO TORO GROUNDSMASTER
There were some slight changes, effective I/l/98, in the Blue frames and cutting decks worn out $1,500
Cross Blue Shield insurance riders. The changes were the PK 8906 1989 TORO TORO GROUNDSMASTER
result of Blue Cross Blue Shield shifting over to "new frames and cutting decks work out $1,500
language" contracts; the City negotiated this change with all PK 89G7 1989 TORO TORO GROUNDSMASTER
active employees in our last round of contracts, and asked Blue transmission slips $1,500
Cross Blue Shield to delay this change for retirees as long as PK 8908 1989 TORO TORO GROUNDSMASTER
possible. The result of our request for delay is that the City of frames and cutting decks work out $1,500
Buffalo is the last Blue Cross Blue Shield customer to change S 300 PK 1970 John Deere-CG clutch and
over to the C 4 new language" contracts; unfortunately, though, hydraulic pump doesn't work $1,750
there is no alternative but to make the shift. Blue Cross Blue PK 603 1966 FORD FORKLIFT rotted out
Shield simply will not make our previous contract available any needs engine $1,750
longer. PK 503 1975 JD TRUCK W/ BUCKET
We have attempted to make the "new language" contracts as clutch and hydraulic pump doesn't work $3,500
close as possible to the old ones; in that light, we included the PK 8316 1983 GMC DUMP won't run rotted
prescription drug rider with the $3 co-pay, which can be seen out $500
on any Blue Cross Blue Shield policyholder's insurance card. PK 8318 1983 GMC DUMP clutch - rotted out
Thus, drugs are still available with the $3 co-pay--to my $500
knowledge, there should be no one with a "no drugs" policy. PK 8320 1983 GMC DUMP cab/ floor rotting
$500 PUBLIC WORKS.
P 382 PK 1972 DODGE VAN rotted out needs
transmission $200 FROMTHECITYCLERK
Your anticipated approval is appreciated.
REFERRED TO THE COMMITTEE ON FINANCE. NO.70
LIQUORLICENSEAPPLICATIONS
NO.66 Attached hereto are communications from persons applying for
PERMISSIONTOTRADEINEQUIPMENTANDPURCHASEliquor licenses from the Erie County Alcohol Beverage Control
NEWEQUIPMENT-ZAMBONIS Board.
I am writing to request permission to trade in the following four Address Business Name Owner's Name
(4) Zarnboni's and take bids to purchase two (2) Zamboni's
with side brush and gas engine. 125 High St. Med Inn Ctrs of Amer. F. Ciccarelli
We are anticipating trading in the first three vehicles listed; and 229 Mackinaw St. same as address 229 Mackinaw
if necessary, the fourth Zamboni, St. Inc.
PKZ10 1985 Zamboni RECEIVED AND FILED
PKZ11 1986 Zamboni
PK8308 1983 Zamboni NO.71
PKZ12 1986 Zamboni LEAVESOFABSENCEWITHOUTPAY
Your anticipated approval is appreciated. I transmit herewith notifications received by me, reporting the
REFERRED TO THE COMMITTEE ON FINANCE. granting of the leaves of absence without pay, in the various
departments as listed:
NO.67 Comptroller- Janet Reyes
REPORTOFBIDS-SOUNDANDLIGHTINGSYSTEMFOR Public Works - Carmen Degener
LASALLEPARKPAVILION Police- Anthony Sisti Jr., Leonard R. Valvo
C.C.P.#8103/31/98 Community Development- Robert E. Katilus
As authorized by your Honorable Body this department Administration and Finance- John S. Petch
prepared specifications for the Sound and Lighting Human Services, Parks/Recreation- Gaetano Agro
System at LaSalle Park Pavilion. Advertisement and bids were RECEIVED AND FILED.
handled and received by the Division of Purchase.
Attached please rind a copy of the tabulations along with a copy NO.72
of the winning bid proposal. Upon your approval, we will REPORTSOFATTENDANCE
proceed with drawing tip a contract per the terms of the bid. I transmit herewith communications received by me, from the
NAME OF BIDDER AMOUNT various boards, commissions, agencies and authorities
Unistage, Inc. $ 1,294. Small Show reporting the membership attendance at their respective
330 Genesee Street 2,294. Large Show meetings:
Buffalo, New York 14204 $ 3,588. Buffalo Sewer Authority
Audio Arts Production Inc. 1,170. Small Show City Planning Board
255 Green Arrow Avenue 2.280. Large Show RECEIVED AND FILED.
Buffalo, New York 14207 $ 3,450.
Indigo Productions $ 1,200. Small Show NO.73
2820 Bailey Avenue 2,200. Large Show NOTICESOFAPPOINTMENTS-COUNCILINTERNS
Buffalo, New York 14215 $3,400. I transmit herewith appointments to the position of Council
I hereby certify that Indigo Productions is the low bidder for the Intern.
sound and lighting system at LaSalle Park Pavilion in the total Mrs. LoTempio moved the approval of the appointments to the
amount of $3,400. [small and large shows] position of Council Intern.
REFERRED TO THE- C0MMITTEE ON FINANCE. ADOPTED.
Appointment Effective May 21, 1998 in the Department of
NO.68 Common Council to the Position of Intern V, Seasonal, Non-
CERTIFICATEOFAPPOINTMENT Competitive, at the Flat Starting Salary of: $8.00 per hr.
Appointment effective May 29, 1998 in the Department of Christopher McCabe, 8 Britt Avenue, Buffalo, NY 14220
Administration and Finance, Civil Service Commission, to the Appointment Effective May 26, 1998 in the Department of
position of Personnel Assistant-(Civil Service), Permanent, Common Council to the Position of Intern V, Seasonal, Non-
Promotional, at the Intermediate Starting Salary of $26,364.00 Competitive, at the Flat Starting Salary of $8.00 per hr.
Carolyn A. Lenczyk, 129 Walter Street, Buffalo, NY 14210 Nicole Aquino, 375 Voorhees Ave., Buffalo, NY 14216
REFERRED TO THE COMMITTEE ON CIVIL SERVICE Appointment Effective June 1, 1998 in the Department of
Common Council, to the Position of Intern IV, Seasonal, Non-
FROMTHEBOARDOFEDUCATION Competitive, at the Flat Starting Salary of: $ 6.00 per hr.
Joseph Malkinski, 744 Amherst St. Buffalo NY, 14216
NO.69
REQUESTTOPURCHASE378NORMALAVE. NO.74
TOBEUSEDFORSCHOOL77 APPOINTMENTS-MAYOR'SYOUTHOPPORTUNITY&
TOPIC: Purchase of 378 Normal Avenue for potential EMPLOYMENT
playground adjacent to School #77 where the property is I transmit herewith appointments made in the Mayor's Youth
located. Opportunities and Employments Programs.
WHEREAS: The property owners are interested in selling the RECEIVED AND FILED.
house at 378 Normal; and Appointment Effective June 1, 1998 in the Department of
WHEREAS: The Buffalo Board of Education is interested in Mayor's Office, Mayor's Summer Youth & Intern Program, to
purchasing the property; and the Position of Intern V, Seasonal, Non-Competitive, at the Flat
WHEREAS: The Board is in the process of changing School Starting Salary of $8.00/hr
#77 from a PreKindergarten to 8th grade school to a Pre-Jason Bailey, 56 Brantford PI. #3, Buffalo NY, 14222
Kindergarten to 4th grade school;and Appointments Effective June 1, 1998 in the Department of
WHEREAS: The property would be ideal for use as a Mayor's Office, Mayor's Summer Youth & Intern Program, to
playground; and the Position of Intern IV, Seasonal, Non-Competitive, at the Flat
WHEREAS: The Board has identified the funding for the Starting Salary of $6.00/hr
$2500 purchase offer from A000-9950 and has approved Somer Mayer, 184 Aldrich PI., Buffalo NY, 14220
funding for same; and Kathy Toepfer, 81 Milford St., Buffalo NY, 14220
WHEREAS: The Board will work with Councilmember Eric Williams, 201 University Ave., Buffalo NY, 14214
Quintana for possible block grant funding; and Sean Alfano, 91 Dorchester Road, Buffalo NY, 14213
WHEREAS: The Board will work with the Councilmember and John Caputo, 317 Fargo Avenue, Buffalo NY, 14213
the City Officials in requesting City demolition of the house at James Creahan, 96 Shenandoah Rd., Buffalo NY, 14220
378 Normal Robert Gianadda, 90 Lexington Ave., Buffalo NY, 14222
NOW THEREFORE BE IT RESOLVED: Richard Hall IV, 50 Revere Pl., Buffalo NY, 14214
That this resolution be sent to the Common Council, the Real Amy Kasianowicz, 504 McKinley Pkwy., Buffalo NY, 14220
Estate Division of the City and the property owner, Mr. Allen Brian Kreutter, 101 Shoshone Rd., Buffalo NY, 14214
Rauch of 144 Briarwood Drive for completion of the purchase. Susan Schwing, 58 Polish Pl., Buffalo NY, 142 1 0
REFERRED TO THE COMMITTEE ON FINANCE Rachele William, 121 Burke Drive, Buffalo, N.Y. 14215
DIRECTOR OF REAL ESTATE,, AND COMMISSIONER OF Jennifer Barrett, 90 Ridgewood Road, Buffalo NY, 14220
Appointment Effective May 27, 1998 in the Department of to the position of Intern IV, Seasonal, at the flat starting salary
Mayor's Office, Mayor's Summer Youth & Intern Program of $6.00 /hr.
to the Position of Intern IV, Seasonal, Non-Competitive, at the Peter J. Savage, 207 West Ferry Street, Buffalo, NY 14213
Flat Starting Salary of $6.00/hr DEPARTMENT OF PUBLIC WORK
Alice M. Zebracki, 1092 Abbott Rd., Buffalo, N.Y. 14220 Appointment Effective June 1, 1998 in the Department of
Public Works, Division of Engineering, to the position of Marina
NO.75 Dock Attendant, Seasonal, at the flat starting salary of
NOTICESOFAPPOINTMENTS-SEASONAL/FLAT $10.00/hr.
I transmit herewith certificates received by me, reporting Michael J. Wolasz Jr., 53 Huntley Rd., Buffalo, NY 14215
seasonal and flat salary appointments made in various DEPARTMENT OF STADIUM AND AUDITORIUM
departments. Appointment Effective June 4, 1998 in the Department of
RECEIVED AND FILED. Stadium and Auditorium, Division of North Americare Park, to
DEPARTMENT OF ASSESSMENT the position of Laborer I, Seasonal, Non-Competitive, at the flat
Appointment Effective June 1, 1998 in the Department of starting salary of $6.22/hr.
Assessment, to the Position of Clerk, Seasonal, Non-Christopher Spadafora, 1173 Hertel Avenue, Buffalo, NY
Competitive at the: Flat $5.20 / Hr. 14216
Florence A. Alesi, 791 Busti, Buffalo, NY 14213 DEPARTMENT OF STREET SANITATION
DEPARTMENT OF AUDIT & CONTROL Appointment Effective May 21, 1998 in the Department of
Appointment Effective 5/26/98 in the Department of Audit & Street Sanitation, to the position of Laborer II, Seasonal, Non-
Control, Division of Real Estate, to the Position of Laborer I Competitive, at the flat starting salary of $6.92/hr.
Seasonal, at the flat Starting Salary of $6.22 per hour Kevin Durawa, 184 Wellington Road, Buffalo, N.Y. 14216
Jennifer L. SanFilippo, 703 Parkside Avenue, Buffalo, New Appointments Effective May 25, 1998 in the Department of
York 14216 Street Sanitation, to the position of Laborer II, Seasonal, Non-
DEPARTMENT OF GENERAL SERVICES Competitive, at the flat starting salary of $6.92/hr.
Appointment Effective June 2, 1998 in the Department of' Terry Freeman, 410 Clinton St., Buffalo, NY 14204
General Services, Division or Inventory & Stores, to the Jack W. Gerard, 200 Roebling Ave., Buffalo, NY 14215
Position of Laborer II, Seasonal, Non-Competitive, at the Flat Mark W. McKinnon, 325 Auburn Avenue, Buffalo, NY 14213
Starting Salary of: $ 6.92 Matthew B. O'Grady, 212 Summit, Buffalo, NY 14214
Marcellus Osborne, 316 Hamburg St Apt 6, Buffalo, New York David M. Taylor, 49 Norway Park, Buffalo, NY 14215
14204 John Taylor, 214 Linden Avenue, Bflo, New York 14216
DEPARTMENT OF HUMAN SERVICES, PARKS AND Edward Tooles, 26 Rose Street, Buffalo, New York 14204
RECREATION Appointment Effective May 26, 1998 in the Department of
Appointment Effective June 2, 1998 in the Department of Street Sanitation, to the position of Laborer II, Seasonal, Non-
Human Services, Parks and Recreation, Division of Parks, to Competitive, at the flat starting salary of $6.92/hr.
the position of Fee Collector, Seasonal, Non-competitive, at the James E. Quinn, 723 McKinley Pkwy., Buffalo, NY 14220
flat starting salary of $5.15/hr. Appointment Effective May 28, 1998 in the Department of
Patricia Monaco, 168 Mariemont, Buffalo 14220 Street Sanitation, to the position of Laborer II, Seasonal, Non-
Appointment Effective June 2, 1998 in the Department of Competitive, at the flat starting salary of $6.92/hr.
Human Services, Parks and Recreation to the position of Matthew E. Frank, 184 University Avenue, Buffalo, NY 14214
Laborer II, Seasonal, Non-competitive, at the Flat Starting
Salary of $6.92/hr. NO.76
Joshua Humann, 26 Bidwell Parkway, Buffalo 14222 APPOINTMENTS-TEMPORARY,PROVISIONALOR
Appointment Effective June 2, 1998 in the Department of PERMANENT
Human Services, Parks and Recreation, Division of Parks, to I transmit herewith Appointments in the various
the position of Fee Collector, Seasonal, Non-Competitive, at the departments made at the Minimum (Temporary, Provisional or
Flat starting salary of $6.92/hr. Permanent) and for Appointments at the Maximum (as per
Louis Dingeldey, 48 Sage, Buffalo 14210 contract requirements) .
Appointment effective May 27, 1998 in the Department of REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
Human Services, Parks and Recreation, Division of Parks, to DEPARTMENT OF ADMINISTRATION AND FINANCE
the position of Laborer II, Seasonal, Non-Competitive, at the flat Appointment Effective June 3, 1998 in the Department of
starting salary of $6.92/hr. Administration and Finance, Division of Parking Enforcement
Salvatore Cicatello, 90 Echhert, Buffalo 14207 to the Position of Junior Traffic Clerk, Permanent, at the
Appointments Effective June 4, 1998 in the Department of Minimum Starting Salary of $21,917.
Human Services, Parks and Recreation, Division of Recreation, Kirk C. McKenna, 225 North Drive, Buffalo, NY 14216
to the position of Laborer II, Seasonal, Non-competitive, at the Appointment Effective June 8, 1998 in the Department of
Flat starting salary of $ 6.92/hr. Administration and Finance, Division of Treasury, to the
Melissa Smith, 239 Wallace, Buffalo 14216 position of Laborer I, Temporary, at the Minimum Starting
Jose Ramirez, 37 Herkimer, Buffalo 14213 Salary of $19,982.00.
Appointments Effective June 1, 1998 in the Department of Christopher VanVessem, 148 Woltz, Buffalo, NY 14212
Human Services, Parks and Recreation, Division of Recreation, DEPARTMENT OF ASSESSMENT
Seasonal, Non-competitive, at the flat starting salary of $6.92 Appointment Effective June 3, 1998 in the Department of
Steven Alvarez, 519 South Legion, Buffalo 14220 Assessment, to the position of Account Clerk-Typist,
Regina Barrett, 65 Riverview Place, Buffalo 14210 Temporary, at the Minimum Starting Salary of $22,884.
Derek Davis, 39 E Depew, Buffalo 14214 Donna Jean Chapman, 129 Floss Avenue, Buffalo, NY 14215
Michael Karlinski, 349 Walden, :Buffalo 14211 DEPARTMENT OF COMMUNTY DEVELOPMENT
Joseph McMahon, 81 Briggs, Buffalo 14207 Appointment Effective June 8, 1998 in the Department of
Appointments Effective June 4, 1998 in the Department of Community Development, Division of Inspections, Licenses,
Human Services, Parks and Recreation, Division of Recreation, Permits, to the Position of Plumbing Inspector, Provisional, at
to the position of Supervising Lifeguard, Temporary, at the flat the Minimum Starting Salary of $34,654.
starting salary of $5.98/hr. Gary Fazio, 20 McClellan Circle, Buffalo, New York 14220
Kathleen Kinney, 31 Marine Dr., Buffalo 14202 DEPARTMENT OF PUBLIC WORKS
Laura Quider, 146 Dearborn, Buffalo 14207 Appointment Effective June 1, 1998 in the Department of
Appointment Effective May 26, 1998 in the Department of Public Works, Division of Buildings, to the Position of Painter,
Human Services, Parks & Recreation, Division of Youth, Permanent, Non-Competitive, at the Minimum Starting Salary
to the Position of Attendant, Temporary, at the flat starting of $ 26,849
salary of $5.15/hr. Russell A. Cottone, 56 Manchester Place, Buffalo, NY 14213
Reginald Hollis, 413 Eggert, Buffalo 14215 Appointment Effective May 26, 1998 in the Department of
DEPARTMENT OF LAW Public Works, Division of Buildings, to the Position of Laborer
Appointment Effective June 8, 1998 in the Department of Law, I, Permanent, Non-Competitive, at the Minimum Starting Salary
to the position of Intern V, Seasonal, at the flat starting salary of of $9.57/hr.
$8.00/hr. Joan E. Gulczewski, 67 Person Street, Buffalo, NY 14212
Jonathan M. Scibilia, 1044 Amherst Street, Buffalo NY 14216 Appointment Effective May 29, 1998 in the Department of
Appointment Effective June 1, 1998 in the Department of Law, Public Works, Division of Engineering, to the position of Traffic
to the position of Intern V, Seasonal, at the flat starting salary of Signal Specialist Supervisor I, Provisional, at the Minimum
$8.00/hr. Starting Salary of $27,505.
Brian M. Seachrist, 38 Brinton Street, Buffalo, NY 14214 Gerald E. Lewandowski, 173 Eden Street, Buffalo, NY 14220
Appointment Effective June 1, 1998 in the Department of Law , DEPARTMENT OF HUMAN SERVICES, PARKS &
RECREATION Commissioner R. Gil Kerlikowske, deputy police Commissoner
Appointment Effective May 29, 1998 in the Department of John Battle Chief of Detectives Philip Ramunno and Captain of
Human Services, Parks and Recreation, Division of Parks, to Administrative Services Capt. Mark Antonio, do support the
the position of Laborer II, Permanent, Non-Competitive, at the Cellblock personnel in their request for an upgrade.
Minimum Starting Salary of $10.89/hr. The above named rank and file officers are those most familiar
Jeffrey Dziedzic, 16 Glenn, Buffalo, NY 14206 with the cellblocks daily operations.
Appointment Effective June 1, 1998 in the Department of We would appreciate your time and consideration in making
Human Services, Parks and Recreation, Division of Parks, to this upgrade proposal an item before the honorable body of the
the position of Park Utility Workers, Provisional, Promotion, at common council thank you in advance for your time sand
the Minimum Starting Salary of $25,159. cooperation .
Gaetano Agro, 540 Tacoma, Buffalo, NY 14216 REFERRED TO THE COMMITTEE ON CIVIL SERVICE ,
DEPARTMENT OF POLICE CIVIL SERVICE COMMISSION, CORPORATION COUNSEL
Appointment Effective June 2, 1998 in the Department of AND COMMISSIONER OF ADMINISTRATION AND
Police to the Position of Laborer I, Permanent, Non-FINANCE.
Competitive, at the Minimum Starting Salary of $9.57/hr.
Daniel M. Woidula, 161 Cable St., Buffalo, NY 14206 NO.79
Appointment Effective May 24, 1998 in the Department of BUFFALOCHARTERREVISIONCOMMISSION
Police, to the Position of: Senior Cellblock Attendant, THURSDAYMAY28,1998
Temporary, at the Minimum Starting Salary of $25,891. AGENDA
Ellen M. Mann, 57 Pierce Street, Buffalo, NY 14206 1.Introduction of William M. Collins (resume enclosed as
DEPARTMENT OF STREET SANITATION Document 9:00 A.M. No. 1
Appointment Effective March 31, 1998 in the Department of 2. Meeting with Commissioners Giambra (Public Works) and
Street Sanitation, to the position of Street Worker, Permanent, Durawa 9:10 A.M. (Human Services, Parks and Recreation)
Non-Competitive, at the minimum Starting Salary of $23,909. 3 . Business Meeting 10-20 A.M.
Shannon V. Long, 2485 Niagara Street, Apt. #7, Buffalo, NY a. approval of minutes of Meeting of May 21 (enclosed,
14207 Document No. 2)
Appointment Effective May 26, 1998 in the Department of b. report of Committee on Meetings with Department Heads
Street Sanitation, to the position of Laborer II (Hrly), (Mr. Thomas)
Permanent, Non-Competitive, at the Minimum Starting Salary c. report of Public Information Committee (Ms. Randaccio)
of $10.45/hr. d. report of Committee on Academic and Pro Borlo Assistance
Martin K. Eve, 90 North Parade, Buffalo, NY 14214 (enclosed, Document No. 3) (Mr. Magavern)
e. request to Work Plan committee to consider coordination of
NON-OFFICIALCOMMUNICATIONS,PETITIONSANDmeetings with elected officials, former city officials, and former
REMONSTRANCES charter revision commission members, public information
NON-OFFICIALCOMMUNICATIONS program, initial public hearings, and work of research task
NO.77 forces in further development of Work Plan (Messrs. Wingate
INNERHARBORPROJECT and Magavern)
STATUSREPORT f. new business
COM.58C.C.P.5/27/97 Note: Enclosed for review prior to our meeting with the
This communication is intended to update the Common Commissioner of Community Development (to be scheduled) is
Council on the status of the Buffalo Inner Harbor Project, as a summary by Chris Jacobs of the organization and functions
requested by the Community Development Committee of that Department (Document No. 4). Chris will prepare
pursuant to the Inner Harbor Funding Agreement between the similar summaries prior to our meetings with the other
City of Buffalo, the Buffalo Urban Renewal Agency and the Department heads.
Empire State Development Corporation. REFERRED TO THE COMMITTEE ON LEGISLATION
The Inner Harbor consultant team led by Jambekhar Strauss
PC is in the process of completing the Master Plan phase of NO.80
the Project. BUFFALOCHARTERREVISIONCOMMISSION
Based on the Inner Harbor Urban Analysis, key stakeholder NOTICEOFMEETING
interviews, Targeted Use Workshops, and the Council's DATE:THURSDAY,JUNE4,1998
Community Development Committee's Recommended 1. Meeting with Commissioner Kerlikowske (Police Dept.)
objectives for the Project, the Project team developed three 9:00 A.M.
alternative plans for the Inner Harbor, refining the alternative 2. Business Meeting 10:20 A.M.
Organizational Concepts previously submitted to the Common a. approval of minutes of Meeting of May 28 (enclosed,
Council. The Inner Harbor alternatives were presented to the Document No. 1)
Inner Harbor Technical and Community Advisory Committees b. report of Work Plan Committee (Mr. Wingate)Doc. 4
on March 17, 1998. A Public Presentation of the alternatives c. report of Public Information Committee (Ms. Ranclaccio)
was made on March 23, 1998 at Waterfront School. Doc. #2
Following receipt of public comments on the alternative design d. New Business
options, the Inner Harbor Project team has developed a (i) proposed meeting with Alan De Lisle, President, Buffalo
preferred Inner Harbor Master Plan, combining the best Development Companies (Bishop Halton)
elements of each of the design alternatives, in particular the (ii) other
historic canal interpretation embodied in Alternative C and an #3 Summary of Police Charter Provisions
interpretation of the historic street pattern in Alternative B. The #5 Charter Review Rec. Michael Risman
preferred Master Plan reflects an historic interpretation of the REFERRED TO THE COMMITTEE ON LEGISLATION
site's legacy as the original terminus of the Erie Canal, as
requested by the Council's Community Development NO.81
Committee. The preferred Master Plan also provides for a GEICO
series of intermodal transportation connections, including AUTOMOBILEINSURANCERATESINTHECITYOF
transit, bus, auto, pedestrian, bicycles, and water-based BUFFALO
transportation (e.g., water-taxes). The GEICO Group (hereinafter referred to as GEICO) is in
A Public Presentation of the Preferred Master Plan is receipt of your letter dated May 13, 1998 and the Buffalo
scheduled for June 17, 1998, Place: To Be Determined. Common Council Resolution #166 C.C.P May 12, 1998, and
Preparation of the Environmental Impact Statement is the letter has been referred to me for response. The GEICO
continuing. A Public Hearing, pursuant to State Environmental Group is always concerned when any governmental entity feels
Quality Review Act (SEQRA) and national there is a problem with the cost of automobile insurance. On
Environmental Policy Act (NEPA) requirements is tentatively behalf of the Company, I would like to take this opportunity to
scheduled for September 1998. discuss some of the intricacies of the automobile insurance
REFERRED TO THE COMMITTEE ON COMMUNITY industry in hopes of revealing the equity of GEICO's rates.
DEVELOPMENT First and foremost, GEICO sets rates using cost based-
pricing. Rates for a particular area are dictated by loss
NO.78 experience. Put more simply, rates in one area will be higher if
M.BETTINGER&0 there are more claims and/ or more expensive claims than
REQUESTUPGRADE-CELLBLOCKPEACEOFFICERS another area with less losses and/or less expensive claims.
DEARHONORABLEBODY A metropolitan area may be subdivided for rating purposes
Enclosed is a copy of a proposal for an upgrade of all because a particular geographic subdivision has greater or less
cellblock peace officers. Please take note that police losses than another. It would be inequitable to require one
subdivision to subsidize the losses of another subdivision by Number 88.5-1-5.1 and 88.5-1-5.2 was recently added as a
only having one rate for the whole metropolitan area. Class 4 in the Registry. The name and site I.D. number of this
There is a myth that has perpetuated that must be addressed. property as listed in the Registry is Iroquois Gas/Westwood
There is a common belief that suburban drivers operate their Pharm. Terrestrial, Site ID #915141 A.
vehicles in urban areas and cause accidents that count against The Classification Code 4 means that the site is properly
the loss experience of the urban area. This is completely closed -- requires continued management.
untrue. The fact is an at-fault loss by a suburban driver in an We are sending this letter to you and others who own property
urban area is counted as a loss to the suburban territory where near the site listed above, as well as the county and town
the at-fault driver garages the vehicle. clerks. We are notifying you about these activities at this site
The Council resolution makes a claim that there is disparity in because we believe it is important to keep you informed.
rates of 40-50% for identical coverage between urban and If you currently are renting or leasing your property to someone
suburban territories in the Buffalo area. GEICO's rates do not else, please share this information with them. If you no longer
support this claim. GEICO divides the Buffalo metropolitan own the property to which this letter was sent, please provide
area into three different territories, urban, semi-suburban, and this information to the new owner and provide this office with
suburban. The basic bodily injury and property damage rates the name and address of the new owner so that we can correct
in GEICO's urban territory are orgy 10% higher than its our records.
suburban rates. GEICO's semi-suburban rates are lower than The reason for this recent classification decision is as follows:
there suburban rates. The remedial construction is complete. Long-term Operation &
In looking for a solution to the high cost of auto insurance, the Maintenance (O&M) of the containment and the pump and treat
Council should look to the factors that drive up the average cost system is underway in accordance with an approved O&M
of losses rather than merely looking at the resulting rates. Plan. The reclassification to "4" is, therefore, justified. This
Fraud is a major component in the loss cost that an insurer site is one of two sites created by the segmentation of the
must bear. Fraud is not limited to one particular area of original Site #91 5141 due to the completely different
automobile insurance. Fraud can be perpetrated by anyone investigative and remedial activities currently underway.
from medical providers, to repair shops, to claimants, to If you would like additional information about this site or the
attorneys and so on even, unfortunately insurer personnel from inactive hazardous waste site remedial program, call:
time to time. Because fraud is such a large part of loss cost, DEC's Inactive Hazardous Waste Site Toll-Free Information
GEICO has a very active investigation unit which works closely Number 1-800-342-9296 or New York State Health
with the Insurance Department's Fraud Bureau and with law Department's Health Liaison Program (HELP) 1-800-458-1158,
enforcement to combat the problem and contain cost. The ext. 6402.
council should work to aggressively attack insurance fraud in The Department of Environmental Conservation (DEC)
Buffalo. maintains a Registry of sites where hazardous waste disposal
Additionally, the Council should contemplate supporting has occurred. Property located in the Scajaquada Creek,
industry efforts at cost containment. One way to aid in upstream of the West Avenue Bridge in the City of Buffalo and
reducing costs would be to endorse legislation that would give County of Erie was recently added as a Class 2 in the Registry.
insurers the right to recommend a preferred repair shop. The name and site I.D. number of this property as listed in the
Insurers currently cannot recommend a preferred shop Registry is Iroquois Gas/Westwood Pharm. Riparian, Site ID
program unless first asked. Insurer preferred shops can #915141 B.
contain costs, provide enhanced customer service and cut The Classification Code 2 means that a significant threat exists
down on fraud. GEICO would propose further to guarantee to the public health or environment -- action required.
repairs made in a preferred shop for as long as the insured We are sending this letter to you and others who own property
owns the vehicle, at no added cost to the insured. Another cost near the site listed above, as well as the county and town
saver for insurers would be the continuation of the current law clerks. We are notifying you about these activities at this site
that authorizes insurers to offer a managed care option for no-because we believe it is important to keep you informed.
fault coverage. GEICO currently offers such a managed care If you currently are renting or leasing your property to someone
program and provides insures with a fifteen percent discount else, please share this information with them. If you no longer
on no-fault coverage for choosing the program. own the property to which this letter was sent, please provide
I hope that this letter has been helpful in explaining insurance this information to the new owner and provide this office with
cost, particularly what drives them. GEICO hopes that the the name and address of the new owner so that we can correct
Council reconsider the Resolution's request for territorial our records.
modifications, and instead focus on those issues that drive up The reason for this recent classification decision is as follows:
automobile insurance costs. The site is a 1600 foot long section of Scajaquada Creek
The GEICO Group would like to take this opportunity to thank extending upstream from the West Avenue bridge. Iroquois
the Council for the opportunity to comment on this important Gas (National Fuel Gas) operated a manufactured gas plant
issue. during the early and middle part of the century in an area on the
If there are any problems or further questions you may contact south bank of the creek near Dart Street. the wastes from the
me at (301) 986-2643. plant operations entered the creek via discharges from the
REFERRED TO THE COMMITTEE ON LEGISLATION piped outlets, spills, and movement of surface and
groundwater. The creek sediments are contaminated with high
NO.82 levels of PAHS (polynuclear aromatic hydrocarbons) and BTEX
BEVERLYA.GRAY (benzene, toluene, ethyl benzene, and xylene) and are the
INSPECTIONVIOLATIONMR.CLIFTONGULLEY same as those found at the main (Terrestrial) site (915141 A. A
141WILLIAMSTREET. ROD (Record of Decision), signed in 1994, selected a site
Today I received the attached letter from Mr. Gulley and the remediation to include removal of the contaminated stream
violation from the Inspections Department. Mr. Gulley is sediments and off-site disposal. A Consent Decree issued by
requesting that this complaint against the Inspections the Federal Court in 1 995 directed national Fuel Gas to
Department of Community Development be filed with the City implement the remedy and remove the sediments to a
Clerk's Office. maximum depth of six feet, as was found contaminated during
Mr. Gulley is a hard working young man, who purchased a new the remedial investigations. This site is one of two sites
built-home (M.J. Peterson Development Co.) that the wooden created by the segmentation of the original Site #91 5141 due
pillars supporting the front of the home rotted were replaced by to the completely different investigative and remedial activities
wrought iron pillars. Consequently the house numbers were currently underway.
never put back on the house. If you would like additional information about this site or the
Please notify Mr. Gulley as to when he will be heard in the inactive hazardous waste site remedial program, call:
Council Chamber. DEC's Inactive Hazardous Waste Site Toll-Free Information
REFERRED TO THE COMMITTEE ON COMMUNITY Number 1-800-342-9296 or New York State Health
DEVELOPMENT AND COMMISSIONER OF COMMUNITY Department's Health Liaison Program (HELP) 1-800-458-1158,
DEVELOPMENT. ext. 6402.
REFERRED TO THE COMMITTEE ON COMMUNITY
NO.83 DEVELOPMENT
NYSDEC
REGISTRYOFSITES-HAZARDOUSMATERIALS-DARTNO.84
ST. NIMO
The Department of Environmental Conservation (DEC) REFERENDUMONMUNICIPALELECTRICUTILITY
maintains a Registry of sites where hazardous waste disposal SERVICE
has occurred. Property located at Dart Street in the City of This letter is submitted in regard to the above item, which we
Buffalo and County of Erie and designated as Tax Map were made aware of through the local media late last week.
I can only reiterate and strengthen the points we have made are options available to the city that could bring benefits without
with the Council at earlier dates, urging extreme caution in any the risks inherent with full takeover. As such, we respectfully
effort that would commit the City to a costly, risky and ask the Council to move cautiously in this regard.
protracted effort that very well would gain little or no benefit - As always, we remain eager to provide information and
and perhaps increase costs for city residents. assistance when needed. Please call me
1. There is ample evidence to lead one to calculate at anytime at 857-4286. Thank you very much for your
municipalization costs in the hundreds of millions of dollars, consideration.
perhaps reaching or exceeding one billion dollars. REFERRED TO THE COMMITTEE ON LEGISLATION
The assessed value of our real property in the city is
approximately $80 million. However, special franchise property NO.85
(which makes up much of the transmission and distribution A.PARLATO
network necessary to run a utility) is assessed at another $156 MEDICALDRUGRIDERBENEFITSFORRETIREES
minion (approx.). That brings the assessed value of our Please be advised that Tomas Parlato, Social Security NO
network in the city to more than $235 million. 081-30-9099, has retained our Office. Mr. Partato was
A municipality would then be faced with a large number of so-employed with the City of Buffalo from approximately June,
called "start-up" costs, such as the creation of a meter reading 1967 through November, 1992. At the end of his tenure with
system, a billing system, a collection system, maintenance and the City of Buffalo, Mr. Parlato held the position of
repair facilities and systems, emergency response systems, Superintendent of Supplies 11. At the time of his retirement,
and so on. Mr. Partato was offered an incentive package to retire, and
When the City of Glens Falls studied this issue, its consultant Accepted the same. Mr. Parlatos retirement package was all
found that such costs are generally about two-thirds of the in accordance with the agreement between The City of Buffalo
acquisition costs. In Buffalo, that could result in startup" costs and Local 650 of the American Federation of State, County and
of $150 million or more, to be added to the acquisition costs. Municipal Employees (AFL-CIO), such contract being effective
(Glens Falls voters rejected the local law via referendum in from July 1,1992 through June 30, 1995, Section 6.3 on page
November, 1996.) 17 of the contract indicates that all retirees shall receive upon
Finally, recent regulatory and court rulings have allowed utilities retirement, until death, the plan. in effect the last day of service
like Niagara Mohawk to seek fair recovery of stranded costs to the City.
through an "exit fee" or other means. Although no exact exit As the above contract was effective and part of the retirement
fee has been calculated in this case, such a fee could easily package, Mr. Parlato, was provided the benefits therein namely
add several hundred million dollars to the overall cost of Major Medical Insurance Rider including full drug
establishing a municipal electric utility. 2. If the talked about reimbursement.
"savings" of 35-45 percent are calculated on an $80 million On or about May 22, 1998, Mr. Parlato received a note from
takeover cost as quoted in the press, what savings would there Blue Cross and Blue Shield (Attached) that he no longer had
be if the actual cost of establishing a municipal utility were the drug rider. As you can see, the new coverage is in
$500 minion? $750 million? $1 billion or more? Is the city contradiction to the terms of the contract upon which the City
prepared to assume such an enormous debt? and Mr. Parlato agreed upon his retirement. Accordingly, we
3. Forming a municipal utility at this time carries special risks. hereby formally request that Mr. Parlato's insurance benefits
The industry nationwide is being deregulated. The City would be reinstated immediately and retroactively, as they were
be forced to compete for customers, unlike municipal utilities previously agreed to at the date of his retirement.
created years ago. Property tax revenues currently paid to the Please contact me at your earliest convenience to provide us
city by Niagara Mohawk would have to be calculated into rates with the necessary documentation necessary to evidence the
charged by a municipal utility. Likewise, revenues the city reinstatement
receives from its local gross receipts tax against utility service In the event that the City of Buffalo chooses not to reinstate
also must be calculated into those rates. Finally, the taxpayer-said benefits in a timely fashioned coverage is lost for any
supported, low-cost power from the New York Power Authority period of time, we will not hesitate to pursue any and all action
that is used by some many municipal utilities in this state is necessary to protect Mr. Parlato's rights and hold the City
completely under contract, and no more is expected to be responsible for the costs associated therewith, including
available for the next dozen or so years. At face value, reasonable attorney's fees.
investor-owned utilities often do not compare favorably with REFERRED TO THE COMMITTEE ON CIVIL SERVICE,
existing municipal utilities. It must be remembered, however, CIVIL SERVICE COMMISSION AND DIRECTOR OF LABOR
that most of the municipalities in New York were created RELATIONS
decades ago under a completely different set of circumstances
Of today. The simple fact remains that no community in New NO.86
York has completed such an effort since 1981, and that was H.BUSWELLROBERTS
the only one we are aware of in the second half of this century. RESIGNATIONBOARDOFETHICS
5. Finally, where is the research that shows that Please accept my resignation from the City of Buffalo Board
municipalization is the best option available to the city? Last of Ethics. I believe, simply, that it is time for me to step down.
July, the Council approved a resolution creating an "Advisory It has been a pleasure and an honor to serve my City. I am
Committee on Municipal Electric Utility Service and Energy" deeply grateful for the opportunity which was afforded me.
that was charged with studying "the issue of municipalization RECEIVED AND FILED
and other alternative means to provide competitive power
sources for the City of Buffalo...... which shall include NO.87
developing a feasibility study and, if necessary, a request for TCIOFNEWYORK,INC.
proposals/qualifications to determine the best method..." The 750MHZREBUILDPROCESS
resolution further stated that this committee was to report back We are writing to inform you that work on the 750 Mhz
by June 1 of this year with a completed study. rebuild will begin the week of May 25, 1998. This process will
To our knowledge, no such committee was ever formed, nor be in progress approximately 8 to 12 weeks.
was a formal study ever completed. At the very least, a more We feel that it appropriate to notify you ahead of schedule so
detailed analysis of potential costs should be conducted before that you can appropriately field phone calls you may receive.
raising the issues before the voters. To date, we have had meetings with the Adelphia contractor -
Frankly, we are very aware of the concerns with utility costs in Precision Valley Communications Corp.. This is the company
the City and across the state. We, too, are concerned. High who will physically "walk out" the system. They have met with
costs do not mean increased profits for Niagara Mohawk. our technical team to coordinate how this will happen.
Instead, high costs mean loose of customers. That is why we Precision Valley will have very sophisticated equipment they will
are proceeding with our PowerChoice plan that will bring at use to measure and record the structure of the Buffalo system.
least modest price cuts (after three full years of a price freeze), If you have questions or would need additional information,
and choice of energy supplier for some customers as soon as please call either of us at our respective phone numbers.
this fall, and for all customers no later than the next 19 months. REFERRED TO THE SPECIAL COMMITTEE ON
While some view PowerChoice as unsatisfactory in terms of TELECOMMUNICATIONS AND OFFICE OF
the price reductions, it is necessary to deal with the TELECOMMUNICATIONS.
fundamental issues that drove price up, and unfortunately that
solution has been time consuming and will be expensive. PETITIONS
Obviously, any number of issues have surfaced in recent NO.88
months between the City and Niagara Mohawk. We would M.D.CRAMER&0,OWNER,PETITIONTOUSE185ALLEN
hope that, despite some apparent philosophical differences, FORASIT-INREST.W/LIVEMUSIC.
these issues could be resolved to everyone's satisfaction. On REFERRED TO THE COMMITTEE ON LEGISLATION, THE
the issue of municipalization, we remain convinced that there CITY PLANNING BOARD, AND THE COMMISSIONER OF
COMMUNITY DEVELOPMENT No. 190, C.C.P., May 26, 1998, be and the same hereby is
approved.
NO.89 PASSED
C.HAUNETAL,OWNERS,PETITIONTOUSE141AYES- 10 NOES- 1
BIDWELLFORASIDEWALKCAFE.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE FINANCE
CITY PLANNING BOARD AND THE COMMISSIONER OF (DAVIDA.FRANCZYK,CHAIRMAN)
COMMUNITY DEVELOPMENT. NO.99
LEASE-CULLENINDUSTRIES-960BUSTI
NO.90 (ITEMNO.19,C.C.P.,MAR.31,1998)
NEWWESTBROOKPROPERTIES,OWNER,PETITIONTO That the above item be, and the same hereby is returned to
USE675DELAWAREFORASIDEWALKCAFE. the Common Council without recommendation.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE Mr. Franczyk moved:
CITY PLANNING BOARD AND THE COMMISSIONER OF That the Comptroller be, and he hereby is authorized to take
COMMUNITY DEVELOPMENT all steps appropriate and necessary to assign a certain lease
agreement made between the City and Cullen Industries, Inc.,
NO.91 (a/k/a Multisorb Technologies) and dated the 3rd day of
T.KEOHANE,OWNER,PETITIONTOUSE487NIAGARASeptember, 1980 (the "Lease") to Cimin Construction Corp.,
FORAPOLESIGN. and/or to Cimininelli International Services, L.L.C. (collectively
REFERRED TO THE COMMITTEE ON LEGISLATION, THE the "Assignee"); and
CITY PLANNING BOARD AND THE COMMISSIONER OF That the Mayor of the City is authorized to execute the
COMMUNITY DEVELOPMENT. Estoppel Certificate in connection with said assignment of the
Lease; and
REGULARCOMMITTEES That the approval granted by the Common Council is
CIVILSERVICE conditioned upon the satisfactory completion of the following
(BEVERLYA.GRAY,CHAIRPERSON) conditions by the Assignee:
NO.92 1. The Assignee shall have an area on the top floor of
CITYSEXUALHARASSEMNTPOLICY their facility to be constructed at 960 Busti Avenue for the
(ITEM#189C.C.P.MARCH31,1998) purpose of providing access for official use by the City of
That the above mentioned item be and the same is hereby Buffalo, which area shall be accessible at scheduled times to
received. and filed. be determined at the mutual convenience of the parties.
ADOPTED 2. The Assignee, subsequent to taking title to the real
property located at 960 Busti Avenue and 990 Niagara Street,
NO.93 shall provide landscaping to and shall maintain the landscaping
APPOINTMENT upon a certain triangular parcel of land located directly across
RESEARCHAID Niagara Street from the property which is subject of the Lease
That Communication 63, May 12, 1998 be received and filed for as long as this Assignment remains effective. The City
and the Permanent appointment of Mary Zizzo above at the shall grant the Assignee permission to enter upon this
Intermediate salary $26,883.00 effective on May 4, 1998 is triangular parcel for the purposes of landscaping and
hereby approved. landscape maintenance; and the City shall indemnify and hold
PASSED harmless the Assignee from any and all claims arising from the
AYES- 11 NOES- 0 installation of the landscaping or maintenance thereof
3. That Paragraph 4a of the above-referenced lease
NO.94 shall be amended as follows:
APPOINTMENT The said parcel shall not be used for the purpose of
SUPERVISOROFBUILDINGCONSTRUCTION parking, storing, loading or unloading heavy trucks and/or
That Communication 75, May 26, 1998 be received and filed tractor trailers. Parking of automobiles shall be for the
and the Temporary appointment of Robert E. Katilus above at exclusive use of tenants of the building at 960 Busti Avenue
the Intermediate salary $40,888.00 effective on May 26, 1998 and 990 Niagara Street. There will be no public parking nor
is hereby approved. shall there be any parking fees allowed to be generated for
PASSED parking on this site.
AYES- 11 NOES- 0 4. That Paragraph 4c of the above-referenced lease
shall be amended as follows:
NO.95 Plans for any building of a temporary nature must be
APPOINTMENT submitted to the City of Buffalo and its approval secured from
BUILDINGPLANSINSPECTOR the City before construction of any such temporary building.
That Communication 76, May 26, 1998 be received and filed 5. All other terms and conditions of the said Lease shall
and the Temporary appointment of Michael Muscarella above at remain the same.
the intermediate salary $37,373.00 effective on June 1, 1998 is PASSED
hereby approved. AYES - 11 NOES - 0
PASSED
AYES- 11 NOES- 0 NO.100
DISCH.FIN.-ASSIGNLEASE-CULLENIND.(#19,3/31)
NO.96 (ITEM#188C.C.P.MAY26,1998)
NOTICESOFAPPTS.-TERNP/PROV/PERM(CCLK) That the above mentioned item be and the same is hereby
(ITEM#96C.C.P.MAY26,1998) received and filed.
That the above mentioned item be and the same is hereby ADOPTED
received and filed.
ADOPTED NO.101
STATELEGISLATIONRELATINGTOLIMITEDINCOME
NO.97 DISABLEDNYRPTL459(C)
APPT.MACHINEOPERATOR(WATER)(INTER) (ITEMNO.29,C.C.P.,MAY31,1998)
(ITEM#46C.C.P.MAY26,1998) That the Corporation Counsel be, and he hereby is
That the above mentioned item be and the same is hereby authorized to prepare a local law to provide a real property tax
received and filed. exemption to persons with disabilities with limited income as
ADOPTED specified in RPTL 459(C); and
That the City Clerk be, and he hereby is authorized to
NO.98 publish notice for a public hearing upon the completion of the
SALARYORDINANCEAMENDMENT local law.
ENTERPRISEFUND PASSED
98-0DIVISIONOFWATER AYES - 11 NOES - 0
013REPAIR&INSTALLWATERMETERS
(ITEMNO.190,C.C.P.,MAY26,1998) NO.102
That the above item be, and the same hereby is returned to AUDIT-DEPT.OFADMINISTRATION&FINANCE(COMPT)
the Common Council without recommendation. (ITEM#13C.C.P.APRIL14,1998)
Mrs. LoTempio moved: That the above mentioned item be and the same is hereby
That the Salary Ordinance Amendment as contained in Item received and filed.
ADOPTED ADOPTED.
NO.103 NO.111
REPLYTOAUDIT-TREASURY(A&F) PARKINGMETERS(A&F)
(ITEM#72C.C.P.APRIL28,1998) (ITEM#82C.C.P.MAY26,1998)
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.104 NO.112
REPORTOFAUDIT-HSPR(COMPT.) D.ZUCHLEWSKI-LATEFEEONTAXES-533MILITARY
(ITEM#9C.C.P.MAY12,1998) (ITEM#90C.C.P.MAY12,1998)
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. referred to the Claims Committee.
ADOPTED ADOPTED
NO.105 NO.113
RESPONSE.TOAUDIT(HSPR) 533MILITARY-FEEONTAXES(ASMT)
(ITEM#83C.C.P.MAY26,1998) (ITEM#21C.C.P.MAY26,1998)
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. referred to the Claims Committee.
ADOPTED ADOPTED
NO.106 NO.114
AUDIT-FIN.ASST.PROG.-FISCALYR. FORECLOSUREFEE-533MILITARY
ENDINGJUNE1997 (ITEM#50C.C.P.MAY26,1998)
(ITEM#16C.C.P.MAY26,1998) That the above mentioned item be and the same is hereby
That the above mentioned item be and the same is hereby referred to the Claims Committee.
received and filed. ADOPTED
ADOPTED
NO.115
NO.107 JELLYSTONECAMPGROUNDINNORTHJAVA
REPORTOFAUCTION-1446MAINSTREET (ITEMNO.171,C.C.P.,MAY12,1998)
(FORMERPRECINCT#6) That the Corporation Counsel look into the $800,000 grant-
(ITEMNO.11,C.C.P.,MAY12,1998) in-aid money for Jellystone, Campground in North Java; and
That the above item be, and the same hereby is returned to That this Common Council be updated as to the status of
the Common Council without recommendation. the campground and the status of the city homes owned by
Mr. Franczyk moved: Home Equity Living Plans (H.E.L.P.) and send a letter to
That the offer from Mr. Harinder Brar, 151 Mapleleaf, H.E.L.P. and Norman Bakos to arrange a meeting date.
Williamsville in the sum of Forty Thousand Dollars ADOPTED
($40,000.00) to purchase the property described as 1446 Main
Street (Former Precinct #6), be and hereby is accepted; and NO.116
The buyer will be required to pay a ten percent (10%) buyer RENEWLEASE-FIRSTBAPTISTCHURCH-USEOF620
premium to Cash Realty and Auction; and HUMBOLDTPARKWAY
That the Corporation Counsel be authorized to prepare the (ITEMNO.11,C.C.P.,MAY26,1998)
necessary documents for the transfer of title and that the Mayor That the Comptroller be, and he hereby is authorized to
be authorized to execute the same, in accordance with the renew the lease between the City and Faith Baptist Church, for
terms of sale upon which the bids were submitted. the use of 620 Humboldt Parkway, for a term commencing July
PASSED 1, 1998 and to expire on June 30, 2003, with the conditions as
AYES - 11 NOES - 0 listed in the above communication. Authorized the Corporation
Counsel to prepare the necessary documents to renew said
NO.108 lease and that the Mayor be authorized to execute the same.
RESULTSOFNEGOTIATIONS-20MONTANA PASSED
(ITEMNO.54,C.C.P.,MAY12,1998) AYES - 11 NOES - 0
That the above item be, and the same hereby is returned to
the Common Council without recommendation. NO.117
Mr. Franczyk moved that the above item be recommitted to FORECLOSUREPROCESSANDFEE(ASMT)
the Committee on Finance. (ITEM#20C.C.P.MAY26,1998)
ADOPTED. That the above mentioned item be and the same is hereby
received and filed.
NO.109 ADOPTED
RESULTSOFNEGOTIATIONS-266MYSTIC(ITEMNO.55,
C.C.P.,MAY12,1998) NO.118
That the offer from Teresa and Juan Jimenez, residing at PAYPHONEAPPLICATIONS(5)HELLOPAYPHONES
318 Mystic Street, in the sum of One Thousand and Five (ITEMNO.41,C.C.P.,MAY26,1998)
Hundred Dollars ($1,500.00) for the sale of 266 Mystic, be and That the Commissioner of Public Works be, and he hereby
hereby is accepted; and is authorized to deny licenses to Mr. Gohara Mohamed, of
That the appraisal requested by the City of Buffalo shall be Hello Payphones, 672 Walden Avenue for payphones at 2131
paid by the purchaser; and Bailey Avenue, Broadway, southeast comer Detroit Street,
That the transfer tax, recording fees and cost of legal Broadway, southwest comer of Detroit Street, Broadway,
description shall be paid by the purchaser; and northeast comer Reed Street and 1445 East Delavan Avenue.
That the Corporation Counsel be authorized to prepare the ADOPTED
necessary documents for the transfer of title and that the Mayor
be authorized to execute the same, in accordance with the NO.119
terms of sale upon which the offer was submitted. GREATLAKESCOLLECTIONBUREAUCONTRACT
PASSED (ITEMNO.80,C.C.P.,MAY26,1998)
AYES - 11 NOES - 0
That the Comptroller and the Commissioner of Administration
NO.110 and Finance be, and they hereby are authorized to enter into a
RESULTSOFNEGOTIATIONS-22DIGNITYCIRCLE&413contract between the City and Great Lakes Collection Bureau
EASTDELAVAN for the collection of past due parking and adjudication fines.
(ITEMNO.61,C.C.P.,APR.28,1998) PASSED
(ITEMNO.114,C.C.P.,MAY12,1998) AYES - 11 NOES - 0
That the above item be, and the same hereby is returned to
the Common Council without recommendation. NO.120
Mr. Franczyk moved that the above item be recommitted to TRADE-INVEHICLE-PARKINGVIOLATIONS
the Committee on Finance. (ITEMNO.81,C.C.P.,MAY26,1998)
That the Commissioners of Administration and Finance and 765ELMWOODAVENUE,L.P.,PETITIONTOUSE765
General Services be, and they hereby are authorized to trade-in ELMWOODFORASIT-IN/TAKE-OUTRESTAURANT(ITEM
one (1) 1990 model Chevy with a Vulcan wheel lift, toward the NO.108,C.C.P.,MAY26,1998)
purchase of a four (4) wheel drive Chevy with fully hydraulic That after the public hearing before the Committee on
Holmes wheel lift with dual winch. Legislation on June 2, 1998, the petition of 765 Elmwood
PASSED Avenue, owner, for permission to use 765 Elmwood Avenue for
AYES - 11 NOES - 0 a sit-in/take-out restaurant be, and hereby is approved with the
following conditions:
NO.121 1. No outside music on the patio is allowed and the
BIDS-LASALLECONCESSIONSTAND patio will close at I 1:00 p.m. for one year.
(ITEMNO.84,C.C.P.,MAY26,1998) 2. Public Works must approve the overhang on the
That the Commissioner of Human Services, Parks and patio.
Recreation, be and he hereby is authorized to award a contract 3. Signage must be valid under the City Code.
for the LaSalle Concession Stand to Raul H. Hernandez, the 4. No alcohol (liquor) is to be served without Common
highest responsible bidder, in the amount of $1,400.00 Council approval.
annually. PASSED
PASSED AYES - 11 NOES - 0
AYES - 11 NOES - 0
NO.122 NO.128
BROADWAYMARKETLEASEAGREEMENT C.CARAIA-CHANGENAMEFROM
(ITEMNO.183,C.C.P.,MAY26,1998) BUSTITOFRONTPARK
That the Mayor be, and he hereby is authorized to execute (ITEMNO.113,C.C.P.,APRIL14,1998)
the lease between the City and Broadway Market Management That the above item be and the same is returned to the
Corporation, for the Broadway Market, 999 Broadway, for a Common Council without recommendation.
term of five (5) years to 2003 with an automatic extension of A public hearing has been set, before the Common Council,
five (5) additional years. at this regularly scheduled meeting, on the above item, and a
PASSED Notice of same has been published in the Buffalo News for two
AYES - 11 NOES - 0 consecutive weeks, a copy of which is attached hereto.
On a motion by Mrs. LoTempio, seconded by Mr.
NO.123 Zuchlewski, the item is properly before the Common Council,
41STANNUALALLENTOWNOUTDOORARTFESTIVAL and the hearing is opened.
(ITEMNO.200,C.C.P.,MAY26,1998) CARRIED.
That-the above item be, and the same hereby is retained to Appearances -
the Common Council without recommendation. In Favor: Jose Palmer, Jr., 639 Busti Avenue
Mrs. LoTempio, moved: Mark Mitskovski, 637 Busti Avenue
That the above item be and same hereby is received and Carmen Palmer, 639 Busti Avenue
filed. Mrs. LoTempio moved that the hearing be closed. Seconded
ADOPTED. by Ms. Kavanaugh.
CARRIED.
LEGISLATION Mrs. LoTempio now moved that, after the required public
(ALFREDT.COPPOLA,CHAIRMAN) hearing held by this Common Council, the above item be
NO.124 recommitted to the Committee on Community Development.
RAMESHCHAINANI,PETITIONTOUSE1116ELMWOODSeconded By Mr. Manley.
FORANOUTDOORPATIO ADOPTED
(ITEMNO.105,C.C.P.,MAY26,1998)
That after the public hearing before the Committee on NO.129
Legislation on June 2, 1998, the petition of Ramesh Chainani, DRAFTGRAFFITIORDINANCE
owner, for permission to use II 6 Elmwood Avenue for an (ITEMNO.227,C.C.P.,FEBRUARY17,1998)
outdoor patio be, and hereby is approved with the following That the above item be, and the same hereby is returned to
conditions: the Common Council without recommendation.
1. No outside music is allowed to be played.
2. No outside receptacles should be placed. Mr. Coppola moved that the above item be recommitted to
3. The outdoor patio must close by 12:00 a.m. the Committee on Legislation.
PASSED ADOPTED.
AYES - 11 NOES - 0
NO.130
NO.125 GRAFFITIORD.(CD)
IRISHPROPANECORP.,PETITIONTOUSE218(ITEM#60C.C.P.MARCH3,1998)
KATHERINEFORPROPANECYLINDERPROCESSING That the above mentioned item be and the same is hereby
(ITEMNO.106,C.C.P.,MAY26,1998) received and filed.
That after the public hearing before the Committee on ADOPTED
Legislation on June 2, 1998, the petition of Irish Propane Corp.,
owner, for permission to use 218 Katherine for propane NO.131
cylinder processing be, and hereby is approved. GRAFFITIORD.(CC)
PASSED (ITEM#53C.C.P.MARCH26,1998)
AYES - 11 NOES - 0 That the above mentioned item be and the same is hereby
received. and filed.
NO.126 ADOPTED
HARBOURPLACEMARINAS,INC.PETITIONTOUSE
2192NIAGARASTREET-SIT-INRESTAURANT NO.132
(ITEMNO.107,C.C.P.,MAY26,1998) PROPOSEDLANDMARKDESIGNATION
That after the public hearing before the Committee on -FIREENGINEHOUSE#2
Legislation on June 2, 1998, the petition of Harbour Place HOOK&LADDER#9
Marinas, Inc., owner, for permission to use 2192 Niagara (ITEMNO.5,C.C.P.,MAY12,1998)
Street for a sit-in restaurant be, and hereby is approved with That the above item be, and the same hereby is returned to
the following conditions: the Common Council without recommendation.
1 . There will be no encroachment onto the City Mr. Coppola moved:
easement on the south end of the property. That after the public hearing held before the Committee on
2. No music will be allowed on the second floor outdoor Legislation on May 19, 1998, Fire Engine House #2 and Hook
seating area. and Ladder #9 at 3 1 0 Jersey Street be designated as a local
3. A ten foot (10") strip of greenspace along the historic landmark, pursuant to Article III, Section 337-9 through
Riverwalk will be planted and maintained. 12 of the Preservation Standards of the Buffalo Code; and
PASSED That this designation is made upon due consideration of the
AYES - 11 NOES - 0 reports of the Buffalo Preservation Code (Chapter 337 of the
Buffalo Code) and for the reasons set forth in the reports of the
NO.127 Buffalo Preservation Board and its Landmark Designation
Committee; and received and filed.
That the Secretary of the Preservation Board be, and hereby ADOPTED
is directed to file the property description with the City Clerk,
the Planning Board, the Division of Planning and with the NO.137
Department of Public Works; and ORD.AMEND.CH.137-CODEENFORCEMENT
That the Petitioner is directed to file a description or map of (#169-12/23)
the property with the Eire County Clerk's Office. (ITEM#129C.C.P.MAY12,1998)
PASSED That the above mentioned item be and the same is hereby
AYES - 11 NOES - 0 received and filed.
ADOPTED
NO.133
KREHBIELASSOCIATES,FORWESTERNAUTO,NO.138
PETITIONTOREZONE2751BAILEY E.TUTTLE&0.-INSTALLALLWAY
(ITEMNO.114,C.C.P.,APR.14,1998) CONTROL/TUDOR&WESTFERRY
That the Common Council of the City of Buffalo does hereby (ITEMNO.110,C.C.P.MARCH31,1998)
ordain as follows: That the above mentioned item be and the same is hereby
That that part of the Zoning Ordinances of the City of received and filed.
Buffalo, Section 511-126 of Article XXV of Chapter 511 as it ADOPTED
relates to the use map thereof be amended to show a "C2"
Commercial District rather than an "R2" Residential for the NO.139
premises known as 2751 Bailey Avenue more particularly INSTALLALLWAYSTOPCONTROL
described as follows: ATTUDOR&W.FERRY(PW)
ALL THAT TRACT OR PARCEL OF LAND situate in the (ITEM#38C.C.P.APRIL28,1998)
City of Buffalo, County of Erie and State of New York, being That the above mentioned item be and the same is hereby
part of Farm Lot 45, Township 11 and Range 7 of the Holland received and filed-
Land Company's Survey and being all of Lot Numbers 2207, ADOPTED
2208, 2240, 2241 and the westerly fifteen feet of Lot 2209 as
shown on Map Number 3 of The Lang Field Subdivision by NO.140
Albert Krause and Son, CE and Surveyor, dated February, LIQUORLICENSEAPPLNS.(CCLK)
1929 and recorded in the Erie County Clerk's Office June 4, (ITEM#85C.C.P.APRIL28,1998)
1929 in Map Cover 1493 and being more fully bounded and That the above mentioned item be and the same is hereby
described as follows: received and filed.
BEGINNING at a point in the southerly line of Langfield ADOPTED
Drive, 125.00 feet east of the intersection of the easterly line of
Bailey Avenue with the southerly line of Langfield Drive; thence NO.141
easterly along the southerly line of Langfield Drive, 80.00 feet to DELAWARECASINOLIQUORLICENSE(CC)
a point, being the northeasterly comer of said Sublot 2240; (ITEM#52,C.C.P.MAY261998)
thence southerly along the easterly line of Sublot 2240, at an That the above mentioned item be and the same is hereby
interior angle of 89'-39'-47", 110.00 feet to a point; thence received and filed.
easterly at an exterior angle of 89-39'-47", 5.00 feet to a point; ADOPTED
thence southerly at an interior angle of 89’-39'-47", 110.00 feet
to a point in the northerly line of Erskine Avenue; thence NO.142
westerly along the northerly line of Erskine Avenue at an interior CHANGEALTERNATEIPARKINGCHANGEOVERTIME
angle of 90’-20'-13", 85.00 feet to a point, being the (ITEMNO.167,C.C.P.,MAY12,1998)
southwesterly comer of Sublot 2207; thence northerly along the That in fairness to all city residents, the Common Council
westerly lines of Sublots 2207 and 2241 at an interior angle of hereby directs the Commissioner of Public Works to change
89'-39'-47", 220.00 feet to the point of beginning, being 18,150 the Alternate I parking regulations changeover time from 4:00
square feet or 0.4167 acres of land, to be the same more or p.m. Sunday and Wednesday to 9:00 p.m.
less. ADOPTED
This rezoning shall be effective providing the following
conditions are met: NO.143
That this rezoning shall not be effective unless and until a RELOCATEBROADWAYGARAGE(C.P.BD.)
certified copy thereof has been filed by the petitioner in the (ITEM#7C.C.P.MAY261998)
offices of the Erie County Clerk's Office and proof of such filing That the above mentioned item be and the same is hereby
is submitted to the City Clerk's Office. received and filed.
That this rezoning will not be effective until such conditions ADOPTED
as set by the City Planning Board are met.
That this Common Council finds this action to be an NO.144
Unlisted Action under the S.E.Q.R. Act and adopts petitioner's NOTIFICATIONSERIALS#9006-9010
findings such that no further environmental review is required (ITEM#22C.C.P.MAY261998)
under said Act. That the above mentioned item be and the same is hereby
It is hereby certified, pursuant to Section 34 of the Charter received and filed.
that the immediate passage of the foregoing ordinance is ADOPTED
necessary.
Approved as to Form NO.145
Michael B. Risman ENCROACH115CHICAGOSTREET-SIDEWALKCAFE
Corporation Counsel (ITEMNO.36,C.C.P.,MAY26,1998)
PASSED. That the above item be, and the same hereby is returned to
AYES-11. NOES-0. the Common Council without recommendation.
NO.134 Mr. Coppola moved:
RZ2751BAILEY(C.P.BD.) That the Commissioner of Public Works be, and he hereby
(ITEM#7C.C.P.APRIL28,1998) is authorized to issue a “mere license" to Mr. Daniel Crawford,
That the above mentioned item be and the same is hereby owner of Kitty O'Malleys Pub, located at 115 Chicago Street, to
received and filed. install a sidewalk cafe, which would encroach city right-of-way
ADOPTED at said address, subject to the following conditions:
1. That the applicant obtain any and all other City of
NO.135 Buffalo permits necessary.
PUBLICHARASSMENTOFCITYEMPLOYEES 2. That the sidewalk cafe be installed exactly as shown
(ITEM#209C.C.P.JANUARY20,1998) on plans submitted to and approved by the Department of
That the above mentioned item be and the same is hereby Public Works, Division of Buildings.
received and filed. 3. That the sidewalk cafe does not exceed eight feet
ADOPTED (8') in length or extend more than six feet (6') from the building
face.
NO.136 4. That no portion of the sidewalk cafe be permanent in
HARASSMENTOFCITYEMPLOYEES(CC) nature or permanently affixed to the main building or public
(ITEM#54,C.C.P.MAY261998) sidewalk.
That the above mentioned item be and the same is hereby 5. That the sidewalk cafe be completely removed from
City right-of-way from November 15 to April I each year. DISCHARGEOFITEM29-CCP-JUNE3,1998"TRANS.
6. That the applicant be assessed the annual fee of TITLE-UHP-PORTION-335GLENWOOD"
$1.30 per square foot of City right-of-way occupied by said Whereas: Item 29 - CCP - June 3, 1998 - "Trans. Title -
sidewalk cafe as described in Chapter 413, Article IX, Section UHP - Portion - 335 Glenwood" is presently before the
59 (Sidewalk Cafes) of the City Ordinances. Committee on Community Development; and
7. That the applicant supply the City of Buffalo with a Whereas: It is no longer necessary for this item to be
five thousand dollar ($5,000.00) construction in street bond or considered by that committee;
certificate of insurance which will indemnify and save harmless Now, Therefore, Be It Resolved That:
the City of Buffalo against any and all loss and damage arising This Common Council does hereby discharge the Committee
out of the construction, maintenance, use and removal of said on Community Development from further consideration of Item
sidewalk cafe. 29 - CCP June 3, 1998 - "Trans. Title - LTHP - Portion - 335
PASSED Glenwood" and said item is now before the Council.
AYES - 11 NOES - 0 CARRIED
Mrs. LoTempio moved:
NO.146 That the city-owned property commonly known as a portion of
SIDEWALKCAFE-1116ELMWOOD 335 Glenwood Street, is hereby designated as Homestead
(ITEM#37C.C.P.MAY261998) Property, and that the Mayor be, and he hereby is authorized to
That the above mentioned item be and the same is hereby execute a deed transferring said property to Mrs. Letha Jones,
received and filed. residing at 21 Dupont Street, for the amount of $ 1.00 (One
ADOPTED Dollar), and all costs of transfer on the condition the property is
cleared and improved within six (6) months and maintained in a
NO.147 sanitary manner.
LOCATIONOFFUELTANKS(GS) PASSED
(ITEM#85C.C.P.MAY261998) AYES- 11 NOES- 0
That the above mentioned item be and the same is hereby
received and filed. NO.155
ADOPTED BY: MR.COPPOLA
APPOINTLEGISLATIVEASSISSTANTTOCOUNCIL
NO.148 MEMBER
CHARTERREVISIONCOMM.-MTG.MINUTES Now, Therefore Be It Resolved:
(ITEM#98C.C.P.MAY261998) That Courtney L. Coppola, 121 Lancaster, Buffalo, New York
That the above mentioned item be and the same is hereby 14222, is hereby appointed as Legislative Assistant to Council
received and filed. Member Alfred T. Coppola effective Monday, June 1, 1998.
ADOPTED ADOPTED
NO.149 NO.156
ORDINANCEAMENDMENT-CHAPTER137-CODEBY: MR.FONTANA
ENFORCEMENT BILLBOARD236ELK
(ITEMNO.192,C.C.P.,MAY26,1998) Whereas: The petition to use 236 Elk Street for a Billboard
That the Ordinance Amendment as contained in Item No. was previously denied by this Council (C.C.P. 105, February
192, C.C.P., May 26, 1998, be and the same hereby is 17, 1998); and
approved. Whereas: The petitioner, Elk Smith Properties, has asked for a
PASSED reconsideration of the Item; and
AYES - 11 NOES - 0 Now, Therefore, Be It Resolved:
That this Common Council change its previous action from
COMMUNITYDEVELOPMENT Deny to Approve granting Elk Smith Properties the use of 236
(DALEZUCHLEWSKI,CHAIRMAN) Elk for a billboard; and
NO.150 Be It Further Resolved:
AUDITREPORT-BFLO.NEIGHBORHOODREVITAL.That the fee for resubmission of this application be waived for
CORP. Elk Smith Properties.
(ITEM#19C.C.P.JULY81998) PASSED
That the above mentioned item be and the same is hereby AYES- 11 NOES- 0
received and filed.
ADOPTED NO.157
BY:MR.FRANCZYK:
NO.151 BONDRESOLUTION
BNRC-ANNUALSINGLEAUDITFISCALY/E6/30/97(CD) $2,500,000BONDS
(ITEM#48C.C.P.MARCH171998) CONSTRUCTIONMAIN-LASALLEROADWAY
That the above mentioned item be and the same is hereby ACCOUNT200-717
received and filed. Bond Resolution of the City of Buffalo, New York, authorizing
ADOPTED the issuance of $2,500,000 General Improvement Bonds of
said City to finance the cost of construction of a new roadway
NO.152 between Main and LaSalle Streets, in the Main-LaSalle
RFP-MKT.ARCADECINEMA-DERNO.LOC.FORRevitalization Project Area, located within the City's University
CAPITALBUDGET(CD) Heights District, at the estimated total cost of $2,500,000.
(ITEM#49C.C.P.MAY121998) The Common Council of the City of Buffalo, in the County of
That the above mentioned item be and the same is hereby Erie, New York, hereby resolves (by the favorable vote of not
received and filed. less than two-thirds of all the members of said Common
ADOPTED Council) as follows:
Section 1. The Comptroller of the City of Buffalo, in the County
NO.153 of Erie, New York, is hereby authorized and directed to issue
TRANSFEROFTITLE,URBANHOMESTEAD-PORTIONGeneral Improvement Bonds of said City in the principal
OF649WOODLAWN(ITEMNO.60,C.C.P.MAY26,1998) amount of Two Million Five Hundred Thousand Dollars
That the city-owned property commonly known as 649 ($2,500,000), pursuant to the provisions of the Charter of said
Woodlawn, is hereby designated as Homestead Property, and City and the Local Finance Law, constituting Chapter 33-a of
that the Mayor be, and he hereby is authorized to execute a the Consolidated Laws of the State of New York (the "Law"), to
deed transferring the westerly half of said property to Mr. and finance the cost of construction of a new roadway between
Mrs. James Poole, residing at 651 Woodlawn, for the amount Main and LaSalle Streets, in the Main-LaSalle Revitalization
of $1.00 (One Dollar), and all costs of transfer, on the condition Project Area, located within the City's University Heights
the property is cleared and improved within six (6) months and District,. The estimated total cost of said specific object or
maintained in a sanitary manner. purpose for which the bonds authorized by this resolution are to
PASSED be issued, including preliminary costs and costs incidental
AYES- 11 NOES- 0 thereto and the financing thereof, is $2,500,000 as set forth in
the duly adopted Capital Improvements Budget of said City for
RESOLUTIONS fiscal year 1997-98, as amended.
NO.154 Section 2. The proceeds of the sale of the bonds authorized by
BY:MR.BROWNANDMR.ZUCHLEWSKI this resolution, or any bond anticipation notes issued in
anticipation of the sale of said bonds shall be deposited in the Capital Projects Fund to the credit of the Department of Public
Capital Projects Fund to the credit of the Department of Works, Division of Buildings, "Shea's Reconstruction/Repair
Community Development, Division of Development, Women's Rest Room, 1997-98, 11 Account No. 200402, and
"Infrastructure Improvements-Main-LaSalle, 1997-98", Bond shall be used for the purpose specified in Section 1 of this
Authorization Account No. 200-717, and shall be used for the resolution.
specific object or purpose specified in Section I of this Section 3. The City intends to finance, on an interim basis, the
resolution. costs or a portion of the costs of said improvements for which
Section 3. The City intends to finance, on an interim basis, the bonds are herein authorized, which costs are reasonably
costs or a portion of the costs of said improvements for which expected to be incurred by the City, pursuant to this Bond
bonds are herein authorized, which costs are reasonably Resolution, in the maximum amount of $97,916. This
expected to be incurred by the City, pursuant to this Bond resolution is a declaration of Official Intent adopted pursuant to
Resolution, in the maximum amount of $2,500,000. This the requirements of Treasury Regulation Section 1.150-2.
Resolution is a declaration of Official Intent adopted pursuant Section 4. The following additional matters are hereby
to the requirements of Treasury Regulation Section 1. 150-2. determined and stated:
Section 4. The following additional matters are hereby (a) Said building is of at least Class "B" construction, as
determined and stated:. defined by Section 11.00 a.11(b) of the Law and the period of
(a) The period of probable usefulness applicable to the specific probable usefulness applicable to the specific object or
object or purpose for which the bonds authorized by this purpose which the bonds authorized by this resolution are to be
resolution are to be issued within the limitations of Section issued, within the limitations of Section 11.00 a.12(a) (2) of the
11.00 a. 20. (c) of the Law, is fifteen (15) years. Local Finance Law, is fifteen (15) years.
(b) Current funds are not required by the Law to be provided as (b) Current funds are not required by the Law to be provided as
a down payment prior to the issuance of the bonds authorized a down payment prior to the issuance of the bonds authorized
by this resolution or any bond anticipation notes issued in by this resolution or any bond anticipation notes issued in
anticipation thereof in accordance with Section 107.00 d. 9. of anticipation thereof in accordance with Section 107.00 d. 9 of
the Law. Section 5. Each of the bonds authorized by this the Law.
resolution and any bond anticipation notes issued in Section 5. Each of the bonds authorized by this resolution and
anticipation of the sale of said bonds and the renewals of said any bond anticipation notes issued in anticipation of the sale of
notes shall contain the recital of validity prescribed by Section said bonds and the renewals of said notes shall contain the
52.00 of the Local Finance Law. Said bonds and said notes recital of validity as prescribed by Section 52.00 of the Local
shall be general obligations of the City of Buffalo payable as to Finance Law. Said bonds and said notes shall be general
both principal and interest by a general tax upon all the taxable obligations of the City of Buffalo payable as to both principal
real property within said City without limitation as to rate or and interest by general tax upon all the taxable real property
amount. The faith and credit of said City are hereby irrevocably within said City without limitation as to rate or amount. The
pledged for the punctual payment of the principal of and faith and credit of said City are hereby irrevocably pledged to
interest payment of interest on and for the amounts required for the punctual payment of the principal of and interest on said
the amortization and redemption of said bonds and said notes. bonds and said notes. Provision shall be made annually by
Section 6. The validity of the bonds authorized by this appropriation by said City for the payment of interest on and for
resolution or any bond anticipation notes issued in anticipation the amounts required for the amortization and redemption of
of the sale of said bonds may be contested only if: said bonds and said notes.
(a) Such obligations are authorized for an object or purpose for Section 6. The validity of the bonds authorized by this
which the City of Buffalo is not authorized to expend money, or resolution or any bond anticipation notes issued in anticipation
(b) The provisions of law which should be complied with at the of the sale of said bonds, may be contested only if:
date of the publication of this resolution are not substantially (a) such obligations are authorized for an object or purpose for
complied with, which the City of Buffalo is not authorized to expend money, or
and an action, suit or proceeding contesting such validity, is (b) the provisions of law which should be complied with at the
commenced within twenty days after the date of such date of the publication of such resolution are not substantially
publication, complied with,
or and an action, suit or proceeding contesting such validity, is
(c) Such obligations are authorized in violation of the provisions commenced within twenty days after the date of such
of the constitution. publication, or
Introduced: June 9, 1998 (c) such obligations are authorized in violation of the provisions
LAID ON THE TABLE of the constitution.
Introduced: June 9, 1998
NO.158 LAID ON THE TABLE
BY:MR.FRANCZYK
BONDRESOLUTION NO.159
$97,916BONDS BY:MR.FRANCZYK
RECONSTRUCTIONSHEA'SRESTROOMACCOUNTNO.INCREASEDAPPROPRIATION
200-402 NORTHARMERICAREPARK
Bond Resolution of the City of Buffalo, New York, authorizing That, Pursuant to Section 41 of the Charter and the
the issuance of $97,916 General Improvement Bonds of said Certificate of the Mayor and the Comptroller submitted to the
City, to finance the cost of partial reconstruction of Shea's Common Council, the appropriation in the budget for the
Center for the Performing Arts, at the estimated maximum cost current fiscal year for Appropriation Allotments - North
of $97,916. Americare Park be and the same hereby is increased in the
The Common Council of the City of Buffalo, in the County of sum of $8,080.
Erie, New York, hereby resolves (by the favorable vote of not That, the comptroller be and hereby is authorized and directed
less than two-thirds of all the members of said Common to transfer the sum of $8,080 from Enterprise Fund North
Council) as follows: AmeriCare Park 420-899002 - Reserve for Replacements to
Section 1. The Comptroller of the City of Buffalo, in the County meet this increased appropriation as set forth below:
of Erie, New York (herein called "City") , is hereby authorized From: 420 Enterprise Fund - North AmeriCare Park
and directed to issue General Improvement Bonds of said City 899002 Reserve for Replacements $8,080
in the principal amount of Ninety-Seven Thousand Nine To: 420 Enterprise Fund - North AmeriCare Park
Hundred Sixteen Dollars ($97,916), pursuant to the provisions 611- North Americare Park, 031 - Mechanical Services
of the Charter of said City and the Local Finance Law, 560 Building Repairs & Alterations $8,080
constituting Chapter 33-a of the Consolidated Laws of the State PASSED
of New York (the "Law"), to finance the cost of partial AYES- 11 NOES- 0
reconstruction of Shea's Center for the Performing Arts,
including reconstruction of the women's restroom. The NO.160
estimated maximum cost of said specific object or purpose for BY:MR.FRANCZYK
which the bonds authorized by this resolution are to be issued, TRANSFEROFFUNDS
including preliminary costs and costs incidental thereto and the MISCELLANEOUSCHARGES
financing thereof, is $97,916 as set forth in the duly adopted DEPARTMENTOFCOMMUNITYDEVELOPMENT
Capital Improvements Budget of said City for fiscal year 1997- That pursuant to section 42 of the Charter and the Certificate
98, as amended. of the Mayor and the Comptroller submitted to the Common
Section 2. The proceeds of the sale of the bonds authorized by Council, the sum of $140,000 be and the same is hereby
this resolution, or any bond anticipation notes issued in transferred from the Miscellaneous Charges and said sum is
anticipation of the sale of said bonds, shall be deposited in the hereby reappropriated as set forth below:
From: 100 - General Fund Branch Library $1,000,000
812 - Miscellaneous Charges, RECEIVED AND FILED
818 Reserve for Matching Fund Grants $140,000
To: 100 General Fund, NO.165
71 Department of Community Development, BY:MR.FRANCZYK
2 - Division of Neighborhoods, TRANSFEROFFUNDS
021 - Office of Neighborhoods, VARIOUSDEPARTMENTS
580 - Non-Professional Personal Services $140,000 REFUSE&RECYCLING
PASSED. That pursuant to section 42 of the Charter and the Certificate
AYES-11. NOES-0. of the Mayor and the Comptroller submitted to the Common
NO.161 Council, the $1,068,581 be and the same is hereby transferred
BY:MR.FRANCZYK from the Various Departments and said fair is list
TRANSFEROFFUNDS reappropriated as set forth below:
COMMUNITYDEVELOPMENT-BONDFUNDS From: 100 General Fund
DEPARTMENTOFPUBLICWORKS-BONDFUNDS 40-2 Division of Buildings
That pursuant to section 42 of the Charter and the Certificate 021 - Administrative Services
of the Mayor and the Comptroller submitted to the Common 574 - Services - Refuse Disposal $373.577
Council, the sum of $20,323.94 be and the same is hereby 812 - Miscellaneous Charges
transferred from the Department of Community Development - 574 - Services - Refuse Disposal $ 185,004
Division of Development - Capital Projects Fund and said sum 70-0 - Division of Streets
is hereby reappropriated as set forth below: 013 - Cleaning of Streets &, Snow Removal
From: 200 Capital Projects Fund 11O - Salaries - Regular $370,000
71 - Department of Community Development 032 - Building &, Fleet Maintenance
7 - Division of Development 11O - Salaries - Regular $140,000
074 - Reconstruction Broadway Market $20,323.94 TO: 100-8 18-000-00-053 Transfer to Enterprise Fund
To: 202 Capital Projects Fund Refuse Recycling $ 1,068,581
40 - Department of Public Works From:
2 - Division of Buildings 100-818-000-00-053 Transfer to Enterprise Fund
002 - Renovations Broadway Market $20,323.94 - Refuse & Recycling $1,068.581
PASSED. To:
AYES-11. NOES-0. 450 - Enterprise Fund - Solid Waste
NO.162 70-1 - Division of Solid Waste &, Recycling
BY:MR.FRANCZYK (011 - Collection of Refuse &, Recycling
TRANSFEROFFUNDS 574 Services Refuse Disposal $1,068,581
DIVISIONOFACCOUNTING PASSED
COMPTROLLER AYES- 11 NOES- 0
That pursuant to section 42 of the Charter and the Certificate
of the Mayor and the Comptroller submitted to the Common NO.166
Council, the sum of $2,648 be and the same is hereby By: Ms. Gray
transferred from the Division of Accounting and said sum is SETPUBLICHEARINGONWATERMETERING
hereby reappropriated as set forth below: PROGRAM.
From: 100 General Fund, 04-2 Division of Accounting Whereas: A New City Water Meter Program will
001 - Accounting require all City homeowners to have meters to measure their
110 - Salaries - Regular $2,648 water usage; and
To: 100 General Fund Whereas: This system will be good for the
04-0 - Comptroller environment by encouraging people to conserve water; and
001 - Comptroller Whereas: However, a raising number of community
570 - Financial & Accounting Services $2,648 organizations and residents have questions regarding how this
PASSED program will affect them; and
AYES- 11 NOES- 0 Whereas: A public hearing on this subject will give
the residents if the City of Buffalo an opportunity to understand
NO.163 how the meter program functions and may ease the concerns
BY:MR.FRANCZYK and fears of homeowners;
TRANSFEROFFUNDS Now, Therefore, Be It Resolved:
DIVISIONOFACCOUNTING That the City Clerk is hereby directed to publish with the
COMPTROLLER appropriate medias a notice of a Public Hearing to be held on
That pursuant to section 42 of the Charter and the Certificate Tuesday, June 30, 1998 at 6:00 p.m. 8:00 p.m. in the Council
of the Mayor and the Comptroller submitted to the Common Chambers.
Council, the sum of $7,590 be and the same is hereby REFERRED TO THE COMMITTEE ON LEGISLATION,
transferred from the Division of Accounting and said sum is BUFFALO WATER BOARD, COMMISSIONER OF PUBLIC
hereby reappropriated as set forth below: WORKS AND AMERICAN ANGLICAN.
From: 100 General Fund
04-2 Division of Accounting NO.167
001 - Accounting By: Councilmember Kevin J. Helfer
11O -Salaries - Regular $7,590 APPOINTMENTOFANNAGUSTINA,LEGISLATIVE
To: 100 General Fund ASSISTANT
04-0 - Comptroller I hereby appoint Anna Gustina, 111 University Avenue,
085 - Exempt Items Buffalo, New York, to the position of Legislative Assistant for
982 - Office Equipment & Furnishing $7,590 the University District, effective June 1, 1998.
PASSED. ADOPTED
AYES-11. NOES-0.
NO.164 NO.168
BY:MR.FRANCZYK By: Ms. Kavanaugh
CAPITALBUDGETAMENDMENT MEMORIALIZESTATESENATEONSEXUAL
CHANGETOCAPITALPROGRAM1997-98 ORIENTATIONNON-DISCRIMINATIONACT
That pursuant to section 359 of the Charter and the Whereas: The people of Buffalo have long
Certificate of the Mayor and the Comptroller submitted to the recognized the need to protect their fellow citizens who are gay
Common Council, the Capital Program for the fiscal year 1997-and lesbian from prejudice and bigotry, as evidenced by the
98 be and the same is hereby amended by eliminating one item Common Council passage almost 15 years ago of an
and adding the following item under the heading: Ordinance prohibiting the City from discriminating on the basis
Eliminate of sexual orientation; and
200 Capital Projects Whereas: In 1993, this Common Council called
402 Division of Buildings upon the New York State Legislature to pass legislation
Construction of Urban Arts Center $1,000,000 prohibiting discrimination on the basis of sexual orientation in
Add 200 Capital Projects employment, housing, credit, education and public
402 Division of Buildings accommodations; and
Construction of New North Jefferson Whereas: The New York State Assembly has
passed the Sexual Orientation NonDiscrimination Act Whereas: The purpose of this system is to increase
(SONDA) each year for the past 6 years, and again passed it the efficiency with which items are filed for consideration by the
on May 18, 1998 by a vote of 87 to 53; and Buffalo Common Council; and
Whereas: The New York State Senate has never Whereas: Under the current system, items must be
voted on SONDA before, but on May 26, 1998 the Senate submitted to the City Clerk's Office, then copied so that
Government Operations Committee voted 11 to 1 to release the Councilmembers and various other officials receive a copy of
Act, also known as Senate Bill 425B, out of committee; and each item for the Common Council meeting; and
Whereas: A majority of the Senators have publicly Whereas: The Open Image System would provide
pledged to support SONDA if the Senate leadership allows it to Councilmembers and others throughout City Hall with
come before them for a vote; and immediate electronic access to items which are filed for
Whereas: By passing SONDA, the Senate will make consideration by the Common Council; and
New York a leader once again among the states, joining the 10 Whereas: Officials from the Division of Data
other states that protect gays and lesbians from discrimination, Processing report that one version of the Open Image System
including our neighbors Vermont, Massachusetts, Connecticut was already installed, but users found it very difficult to use,
and New Jersey; and a new version will be installed in the near future;
Now, Therefore, Be It Resolved: Now, Therefore, Be It Resolved:
That the Buffalo Common Council opposes discrimination That this Common Council requests that City Comptroller
against gays and lesbians, and supports passage of the Sexual Joel Giambra and the Division of Data Processing provide a
Orientation NonDiscrimination Act, Senate Bill 42513; and written report on the status and costs associated with the
Be It Further Resolved: implementation of the Open Image System; and
That the City Clerk forward a Certified Copy of this Be It Further Resolved:
Resolution to the Clerk of the New York State Senate and all That the requested report be filed with the City Clerk's
Senators in the Western New York delegation. Office, Room 1308 City Hall, by 2:00 pm on Thursday, June
ADOPTED 18, 1998; and
Be It Finally Resolved:
NO.168 That Comptroller Giambra and a representative of the
By: Ms. Kavanaugh and Mr. Franczyk Division of Data Processing be prepared to address the Buffalo
CREATINGANEXEMPLARYANIMALSHELTERFORTHECommon Council to provide an update on the status and costs
CITYOFBUFFALO associated with the implementation of the Open Image System.
Whereas: In 1989, the City of Buffalo requested and REFERRED TO THE COMMITTEE ON FINANCE AND THE
received an evaluation by the Humane Society of the United COMPTROLLER.
States (HSUS) of the City's former Niagara Street animal
shelter and this evaluation recommended moving the shelter to NO.171
a more suitable facility which the City did by relocating to the By: Mrs. LoTempio
present Oak Street location; and EXCUSECOUNCILMEMBERHELFERFROMCOUNCIL
Whereas: The HSUS report also detailed numerous MEETINGSONJUNE9,1998,ANDJUNE23,1998
deficiencies in the operations of the Buffalo Animal Shelter and Whereas: Councilmember Kevin Helfer was recently
made recommendations which the City never implemented; and accepted to the Program for Senior Executives in State and
Whereas: Nearly ten years later the Buffalo Animal Local Government at the John F. Kennedy School of
Shelter continues to operate without the benefit of a Government at Harvard University; and
professionally trained staff, a humane education program, or an Whereas: This program will provide Councilmember
organized volunteer program (currently volunteers can only Helfer with the opportunity to network with other senior
greet members of the public); and executives at the state and local levels of government from
Whereas: The Buffalo Animal Shelter continues to throughout the United States; and
operate without a professional adoption program which would Whereas: This program, which represents a once-
include adoption screening and a mandatory spay and neuter in-a-lifetime opportunity, runs from June 7 until June 26, 1998;
policy; and Now, Therefore, Be It Resolved:
Whereas: Numerous professionally produced That Kevin J. Helfer is excused from attending the Common
studies have shown that animal shelters which are run Council meetings on June 9, 1998, and June 23, 1998.
according to the highest humane standards result in not only ADOPTED
more humane treatment of animals but also in long-term
financial savings to municipalities by decreasing the number of NO.172
unwanted, abandoned or lost animals which the shelter must By: Mrs. LoTempio
handle; and ORDINANCEAMENDMENT
Whereas: Both the citizens of Buffalo and stray or CHAPTER137-CODEENFORCEMENT
unwanted animals in Buffalo deserve an exemplary animal The Common Council of the City of Buffalo does hereby
shelter; and ordain as follows:
Whereas: The Erie County Society for the That Chapter 13 7-7 of Chapter 13 7 of the Code of the City
Prevention of Cruelty to Animals (SPCA) runs an exemplary of Buffalo be amended to read as follows:
animal shelter with pro-active professional care and programs Fine Initial Additional Maximum
based on the highest humane standards; and FINE CLASS A $10.50 $10.50 $10.50 $31.50
Whereas: The City of Buffalo should be committed [*Bakers and Confectioners - Chapter 88 - Section 2]
to the goal of establishing a genuinely humane, exemplary [*Exhibitor - Chapter 463 - Section 7(B)]
animal shelter and can achieve this goal by entering into a [*Certificate of Inspection - Chapter 75 - Section 14(b)]
dialogue with the SPCA to obtain guidance on program [*Pet Shop - Chapter 263 - Section 24(A)]
implementation and to discuss the possibility of developing a [*Sign Permit - Chapter 387 - Section 8(A)]
partnership with the SPCA to provide services such as training [*Temporary Stand - Chapter 370 - Section 2]
and consultation at the Buffalo Animal Shelter; [*Vending Machines - Chapter 483 - Section 2]
Now, Therefore, Be It Resolved: [*Tow Truck - Chapter 454 - Section 2]
That the Commissioner of Street Sanitation and his staff Fine Initial Additional Maximum
who run the Buffalo Animal Shelter appear at the Legislation FINE CLASS B $30.00 $30.00 $30.00 $90.00
Committee on Tuesday, June 16, 1998 to discuss the policies *Bakers and Confectioners - Chapter 88 - Section 2
of the Buffalo Animal Shelter; and *Exhibitor - Chapter 463 - Section 7(B)
Be It Further Resolved: *Certificate of Inspection - Chapter 75 - Section 14(b)
That a representative from the Erie County SPCA also be *Pet Shop - Chapter 263 - Section 24(A)
invited to the June 16, 1998 Legislation Committee meeting. *Sign Permit - Chapter 387 - Section 12
REFERRED TO THE COMMITTEE ON LEGISLATION, *Signs - Erection, repair, alteration or removal businesses -
COMMISSIONER OF STREET SANITATION AND SPCA Chapter 387 - Section 14
*Temporary Stand - Chapter 370 - Section 2
NO.170 *Vending Machines - Chapter 483 - Section 2
By: Ms. Kavanaugh *Tow Trucks - Chapter 454 - Section 2
REQUESTUPDATEONINSTALLATIONOFTHEOPEN It is hereby certified, pursuant to Section 34 of the Charter of
IMAGESYSTEM the City of Buffalo, that the immediate passage of the foregoing
Whereas: Various City departments, including the ordinance is necessary.
City Clerk's Office and the Division of Data Processing, have Approved As to Form
been working for approximately one year to implement the Michael B. Risman
Open Image System for the City of Buffalo; and Corporation Counsel
Note: Matter in [] to be deleted. Notwithstanding the foregoing, nothing herein is intended to
Matter underlined is new. limit the usual and customary operations of "Sidewalk cafes" as
REFERRED TO THE COMMITTEE ON LEGISLATION AND defined in Section 413-59 of the Code of the City of Buffalo-
DIRECTOR OF LICENSES AND PERMITS. and
Be It Further Resolved That:
NO.173 That radio and television broadcasts from remote broadcast
By: Mrs. LoTempio units located outside of a building normally occupied by a radio
COUNCILMEMBERBARBARAA.MILLER-WILLIAMSISor television station may be permitted within the events area by
EXCUSEDFROMTHEJUNE9,1998COUNCILMEETING. the event sponsor. No such remote broadcasts or telecasts
Now, Therefore, Be It Resolved: shall be permitted on the public streets or out-of-doors on
That Councilmember Barbara A. Miller-Williams be excused adjacent private property without the permission of the event
from attendance at the stated Common Council meeting of sponsor. In no case shall any radio or television station employ
June 9, 1998. blaring loudspeakers or conduct giveaways, sale of
ADOPTED merchandise, contests, displays or other promotional activities
beyond what is broadcast or telecast over their airwaves in the
NO.174 public street or out-of-doors on adjacent private property during
By Mrs. LoTempio the hours of the event; and
DISCHARGECOMMITTEEOFTHEWHOLE Be It Finally Resolved:
CAMPAIGNAGAINSTRATS Unauthorized participants. The AVS shall provide all
ITEMNO.65CCP,MAY12,1998 participants with suitable identification showing each as an
Whereas, the above item is currently tabled in the authorized participant in the event. Except as herein above
Committee of the Whole and provided, there shall be no other participants within the events
Whereas, it is no longer necessary for this item to be area during the event whether on public streets or out-of-doors
considered by that Committee, on adjacent private property, including exhibitors,
Now Therefore Be It Resolved, that this Common Council concessionaires, vendors, performers, promotional activities,
does hereby discharge the Committee from further fund raising activities, displays or goods or otherwise. Street
consideration of this item, and the item is now before the performers, buskers or similar performers or performances
Common Council for its consideration. shall not be permitted within the events area. All temporary
CARRIED. inflatable devices used to advertise or direct attention to a
Mrs. LoTempio now moved that the above item be referred to business, service, product or activity shall also be excluded
the Committee on Legislation. from the events area.
ADOPTED The property of Ascension Church at 16 Linwood Avenue
and Westminster Church at 724 Delaware Avenue shall not be
NO.175 subject to the foregoing provisions, provided, however, that
By: Mr. Quintana and Mrs. Miller-Williams neither shall conduct or sponsor any out-of-door activities
41STANNUALALLENTOWNOUTDOORARTFESTIVAL during the Art Festival event hours without prior approval of the
Whereas: The Allentown Village Society, Inc. (AVS), Common Council. The above-mentioned shall not conduct or
has requested permission to conduct its 41st Annual Allentown sponsor any outdoor amusement rides or art and craft show
Outdoor Art Festival on the weekend of June 13th and 14th, and the third resolved clause of this resolution governing radio
1998, and and television broadcasts and telecasts shall also be applicable
Whereas: The Special Events Advisory Committee, on those properties.
established pursuant to Chapter 414, Special Events, will meet PASSED
to consider the application of AVS to hold the said 41st Annual AYES - BROWN, COPPOLA, FONTANA, FRANCZYK,
Allentown Outdoor Art Festival; and KAVANAUGH, LOTEMPIO, MANLEY, PITTS, QUINTANA,
Now, Therefore, Be it Resolved That: ZUCHLEWSKI - 10 NOES - GRAY - 1
Subject to the additional conditions to be established by the
Special Events Advisory Committee and those stated herein NO.176
the AVS be and it hereby is granted permission to conduct the By: Mr. Quintana
41st Annual Allentown Outdoor Art Festival on the weekend of PERMISSIONFORWESTSIDEGOSPEL
June 13th and 14th, 1998, between the hours of I 1:00 a.m. CENTERTOUSECITY-OWNEDLOTS
and 6:00 p.m. on those days; within the events area bounded Whereas: The West Side Gospel Center is located
by Summer Street on the north, Elmwood Avenue and South at 372 Connecticut Street in the City of Buffalo; and
Elmwood Avenue (east side) on the west, Tracy Street Whereas: 368 and 370 Connecticut Street are City-
(extended easterly) on the south, and Main Street (west side) owned vacant lots which are contiguous to the property
on the east; and occupied by the West Side Gospel Center; and
Be It Further Resolved That: Whereas: The West Side Gospel Center has asked
Participants within the events area, whether on the public the City of Buffalo Department of Community Development,
streets or out-of-doors on adjacent private property, will be Division of In-Rem, for permission to use the City-owned
limited as follows: vacant lots at 368 and 370 Connecticut Street on a temporary
1. Art or craft exhibitors may be located within the basis; and
events area on the following streets only: Delaware Avenue Whereas: The West Side Gospel Center has
between North Street and Tupper Street (east and west sides); specifically requested that they be allowed to use this City-
Franklin Street between Allen Street and Virginia Street (east owned property for eight (8) Friday night services and four (4)
and west -sides); Allen Street from Elmwood Avenue to Saturday Bible School sessions during the months of July and
Franklin Street (north and south sides); Virginia Street between August, 1998; West Side Gospel Center officials note that
Delaware Avenue and Franklin Street (north and south sides). these events will be open to the public; and
Only art and craft exhibitors selected through the AVS Whereas: In lieu of paying rent, the West Side
application and selection process shall be permitted. The AVS Gospel Center will clean, grade, and seed the lots at 368 and
will select no more than 465 art and craft exhibitors, excluding 370 Connecticut Street; and
therefrom the exhibition or sale of so-called "pseudo" art and Whereas: The West Side Gospel Center will also
exhibits of a strictly commercial nature. provide liability insurance coverage, at its own expense, to hold
2. Concessionaires and vendors within the events area the City of Buffalo harmless from liability for any accident or
shall be located on the following streets only: Delaware Avenue injury which may occur while the West Side Gospel Center is
in the block between North and Allen Streets, in the block using this City-owned property;
between Allen and Virginia Streets; in the vicinity of Edward Now, Therefore, Be It Resolved:
Street between Virginia and Allen Streets; and Allen Street in That the Buffalo Common Council recommends granting
the vicinity of Franklin Street, on Allen Street between Park permission for the West Side Gospel Center to use the City-
Street and Elmwood Avenue. Such participant owned property at 368 and 370 Connecticut Street for eight (8)
concessionaires shall be responsible concessionaires to be Friday night services and four (4) Saturday Bible School
selected by the AVS. The AVS may select and designate a sessions during the months of July and August, 1998; and
single vendor employing a reasonable number of persons to Be It Further Resolved:
vend balloons in the events area. The AVS may also select That this permission will not involve rental charges provided
and designate a single vendor to produce and sell Art Festival that the West Side Gospel Center fulfill its agreement to clean,
T-shirts, sweatshirts or similar merchandise within the deemed grade, and seed the lots at 368 and 370 Connecticut Street;
concession areas. All participant concessionaires and vendors and
are required to comply with all otherwise applicable licensing Be It Finally Resolved:
and health requirements. That this agreement is also pursuant to any conditions set
forth by the Commissioner of Public Works and Corporation Holiness Church, the members and pastor of the church
Counsel. worked to obtain their valuable and necessary church
PASSED equipment, which was housed in the building at the time of the
AYES -11 NOES 0 demolition; and
Whereas: According to Bishop Montgomery, City
NO.177 Officials mistakenly demolished the building, and that the call
By: Mrs. Williams for an emergency demolition was unauthorized and
GREATERREFUGETEMPLECHRISTIAN unnecessary; and
ACADEMY5KRUNANDCARNIVAL Whereas: Bishop Montgomery Pastor of HolyGhost
Whereas: On July 9th, 10th, 11th, the Greater Headquarters #1, claimed the building was in the process of
Refuge Temple will be holding a benefit carnival as a being repaired and remodeled. He claimed, the church did not
springboard to the opening of it's Family Life Center; and suffer from a fire or have structural damage which would cause
Whereas: During this three day festival their will be a harm to the surrounding community; and
3. 5 mile run to raise funds for the Christian Academy, which is Whereas: The demolition crew proceeded to take
to open in September of 1998; and down the structure without cause, according to Bishop
Whereas: This events will be enlightening to the Montgomery. He also claims, he was never contacted by City
neighborhood to showcase the upcoming events plan for this Officials to verify whether or not the church removed its
particular area in terms of education and housing opportunity; property from the building; and
and Whereas: The City of Buffalo was recently accused
Whereas: In connection with this event , the Greater for attempting to raze a Historical Designated building in the
Refuge Temple Church is requesting permission from this downtown area. These accusations made by Bishop
Honorable Body to erect a banner across Jefferson Ave. and Montgomery against the City must be formally investigated; and
Best St. facing northerly, from July 1, 1998 to July II, 1998 to Whereas: A formal investigation will determine if this
promote this special event. property was in fact mistakenly demolished, and if the property
Now, Therefore Be It Resolved That: was demolished without proper authorization or notification to
This Honorable Body grant permission to Greater Refuge the owner.
Temple Church to erect said banner during the dates and at Now, Therefore, Be It Resolved:
the aforementioned location; and That the Common Council request the Mayor's Task Force
Be It Further Resolved That: on Housing, Department of Community Development,
This banner be erected in accordance with any regulations Department of Inspection, Corporation Counsel, and City of
and restrictions as may be imposed by the Buffalo Police Buffalo Housing Court, to formally review and investigate these
Department, and Corporation Counsel, and the Department of accusations and file a formal report with this Council.
Public Works. REFERRED TO THE COMMITTEE ON LEGISLATION,
PASSED COMMISSIONER OF COMMUNITY DEVELOPMENT AND
AYES -11 NOES 0 CORPORATION COUNSEL.
NO.178 NO.180
By: Ms. Williams By: Ms. Williams
INVESTIGATEBUSINESSLOCATEDAT REQUESTPERMISSIONTOINSTALLPLANTERSIN
893JEFFERSONAVENUE. ELLICOTTDISTRICTHOMEOWNERSHIPZONE.
Whereas: In the City of Buffalo, many church Whereas: The Bennett Park Montessori Center and
groups and community residents are working to improve the several neighborhood organizations have teamed up to create a
neighborhood through various community projects; and Neighborhood Garden Beautification Project in the Ellicott
Whereas: However, in the Ellicott District there exist District; and
an auto repair shop located at 893 Jefferson Avenue near Whereas: This project was recently funded through
Cayuga Street, which despite repeated requests from Mayor Masiello's Neighborhood Matching Fund Program; and
concerned citizens to improve the condition of the business, it Whereas: Approximately 50 flower baskets will be
continues to be a eye sore and a detriment to the community; located on Clinton Street from Michigan Avenue to Jefferson
and Avenue, including several blocks within the Towne Gardens
Whereas: According to the City Licensing Apartment Complex; and
Department, no licenses have been issued for any type of Whereas: The flower baskets will be made by
business at this address. It is also not known if the owners Montessori students, community members and parents, and
obtained a permit to operate or if this business has ever been will involve the creation of a perennial and naturalized bulb
inspected by the Buffalo Fire Department; and garden in front of the Montessori school; and
Whereas: In an effort to maintain the stability and Whereas: In a effort to beautify the neighborhood
safety of the neighborhood and to continue the growth of the and promote community friendship, Bennett Park Montessori
community an investigation of all questionable business at this has requested permission to hang flower planters on light posts
address must be required by the City; and in the designated area;
Whereas: It is also important that any business Now, Therefore, Be It Resolved:
located in the Ellicott District be neighbor friendly by keeping That this Common Council grant permission to Bennett Park
their property clean and environmentally safe; Montessori Center to hang flower planters subject to any
Now, Therefore, Be It Resolved: conditions set forth by the Department of Public Works and the
That this Honorable Body request the City of Buffalo Fire Corporation Counsel.
Inspector, the Department of Inspections, Department of PASSED
Permits, Department of Assessments and the Department of AYES -11 NOES 0
Parking Violation to conduct a formal inspection and
investigation on the status and legality of this business; NO.181
REFERRED TO THE COMMITTEE ON LEGISLATION, By: Ms. Miller-Williams
COMMISSIONER OF FIRE, COMMISSIONER OF SETPUBLICHEARING
COMMUNITY DEVELOPMENT, COMMISSIONER OF SOUTHELLICOTTPHASE2
ASSESSMENT, AND COMMISSIONER OF PORTIONOF289EXCHANGESTREET1.9ACRES
ADMINISTRATION AND FINANCE. WHEREAS, Acquest Holdings, Inc. and/or other legal
entity to be formed (herein referred to as the "Redeveloper")
NO.179 has been duly designated as qualified and eligible Redeveloper
By: Ms. Williams in accordance with the rules and procedures prescribed by the
REQUESTCITYOFBUFFALOTOINVESTIGATECity of Buffalo Urban Renewal Agency; and
EMERGENCYDEMOLITIONOFPROPERTY. WHEREAS, the City of Buffalo Urban Renewal Agency
Whereas: On Saturday, April 11, 1998, the property and the Redeveloper has negotiated a Land Disposition
located at 733 Genesse Street, was demolished at the request Agreement for the disposition of a portion of 289 Exchange
of the City of Buffalo; and Street in the South Ellicott Phase 2 Urban Renewal Area; and
Whereas: Bishop W.T. Montgomery Sr., Pastor WHEREAS, the terms of said Land Disposition
HolyGhost Headquarters #1 claimed he never received Agreement have been approved by the City of Buffalo Urban
notification by the City of Buffalo Housing Court or City Renewal Agency; and
Inspectors that this property was in need of emergency WHEREAS, said Land Disposition Agreement has
demolition; and been forwarded by the City of Buffalo Urban Renewal Agency
Whereas: Before the demolition, this building was to this Common Council for action, pursuant to section
the home of the HolyGhost Headquarters #1, Miracle Valley 507, subdivision 2(d) of the General Municipal Law; and
WHEREAS, Article 15A of the "General Municipal on display would be from June 30th through July 20, 1998, and
Law" requires that the disposition of land in an Urban Renewal Now, Therefore, Be it Resolved:
Project may be approved only after a public hearing on due That the Sponsors of the Suburu Buffalo 4 Mile Chase be
notice. granted permission to hang a banner on Elmwood Avenue from
NOW, THEREFORE, BE IT RESOLVED: June 30th through July 20, 1998.
1. That the City Clerk is hereby directed to PASSED
publish the notice attached hereto and marked "Notice of AYES -11 NOES 0
Hearing" in the Buffalo News, no later than the 13th day of
June 1998. NO.185
2. That this Common Council will conduct a By: Mr. Zuchlewski
Public Hearing on the matter stated SUBURUBUFFALO4MILECHASE
in said "Notice of Hearing" at 2:00 P.M. in the Council Whereas: the organizers of the 18th annual Suburu
Chambers on the 23th of June, 1998. Buffalo 4 Mile Chase have requested permission to conduct
ADOPTED their annual race on Saturday, July 18th along Elmwood
Avenue, and
NO.182 Whereas: in the past, there have been problems with
By: Mrs. Miller-Williams various individuals and/or vendors setting up and selling
PERMISSIONTOHANGZIONDOMINIONC.O.G.I.C.inappropriate wares, and
BANNER Whereas: through the sale of inappropriate wares,
Whereas: The Zion Dominion Church Of God In neighborhood merchants suffer adversely from this
Christ will be inviting people from all over the country to attend competition, and
a dedication service of their newly refurbish and revitalize Whereas: neighborhood merchants would not be
house of worship; and expected to have a permit and would be allowed to sell their
Whereas: This site, after numerous years of neglect goods as they normally would on a daily basis, and
and dormancy was scheduled for demolition and now has been Now, Therefore, Be it Resolved:
reconstructed and restored to become one of the premier sites That the area bounded by Forest to St. James and
of progress in the downtown area of the City of Buffalo; and Richmond to Delaware be a designated area in which
Whereas: Representatives from the church have neighborhood merchants are allowed, as always, to sell their
requested permission to utilize two street light post in wares and that illegal vendors be prohibited from soliciting
celebration of this event , to hang a banner across Genesse during this event.
Street in front of Zion Dominion Church, located at 360 PASSED
Genesse Street from Wednesday, June 10, 1998 through AYES -11 NOES 0
Wednesday, July 15, 1998.
Now therefore be it resolved that NO.186
This Common Council grants permission to the Zion By Mr. Zuchlewski
Dominion Church to hang a banner celebrating their dedication FELICITATIONS/INMEMORIAM
ceremony, on Genesse Street in front of Zion Dominion Church Attached hereto are Felicitation and In Memoriam
located at 360 Genesse Street from ,,Wednesday, June 10, Resolutions sponsored by Members of the Common Council as
1998 through Wednesday, July 15, 1998 providing the banner indicated:
meet all requirements of all pertinent city departments and Felicitation for EPIC
violate no existing laws or ordinances. By Councilmember Pitts
PASSED Felicitation for Bennett Park Montessori Center
AYES -11 NOES 0 By Councilmember Williams
ADOPTED
NO.183
By: Mr. Zuchlewski NO.187
LIQUORLICENSE-U.S.FOODSDELI-235ESSERAVE.] By: Mr. Zuchlewski
Whereas: on Friday, May 22 , the owner of the APPOINTMENTS
aforementioned deli was arrested by Buffalo Police for selling COMMISSIONEROFDEEDS
alcohol to a minor, and That the following persons are hereby appointed as
Whereas: officers reported that they observed a Commissioner of Deeds for the term ending December
nineteen year old male leaving the store with a 12-pack of 31,1998 , conditional upon the person so appointed certifying
Labatt's Blue beer, and under oath to their qualifications and filing same with the City
Whereas: officers questioned the youth and found Clerk:
out that he purchased the beer from the store owner and had Terrence J. Mescall
not been asked for proof of age, and Carla S. Mingarelli
Whereas: this store and its owners have had a long Barbara Overhorff
list of various charges brought against them in the last couple James E.Turner
of years, and Philip Best
Whereas: included in these charges was another Elizabeth M. Paray
charge for selling alcoholic beverages to a minor, and Arthur Eve,Jr.
Whereas: deli operators who sell alcoholic Daniel J. Ryan
beverages must be issued a license from the New York State Rickey T. Donovan
Liquor Authority, and Edward W. Jasinski,Jr.
Now, Therefore, Be It Resolved: Mary A. Kaye
That because of the ongoing problems association with this ADOPTED
deli, this Council feels that it is not in the best interest of the
community that alcohol is allowed to continue being sold at this NO.188
deli, and be it further By: Mr. Zuchlewski
Resolved: APPOINTMENTS
That the New York State Liquor Authority immediately revoke COMMISSIONEROFDEEDS
the license for U.S. Food Mart at 235 Esser Avenue so no REQUIRED-PERFORMANCEOFPUBLICDUTIES
alcoholic beverages can be sold at this deli. That the following persons are hereby appointed as
ADOPTED Commissioner of Deeds for the term ending December
31,1998 , conditional upon the person so appointed certifying,
NO.184 under oath, to their qualifications and filing same with the City
By: Mr. Zuchlewski Clerk:
SUBURUBUFFALO4MILECHASE-BANNER Courtney L. Coppola
Whereas: Organizers of Suburu Buffalo 4 Mile Karyn Elizabeth Connolly
Chase will be sponsoring this race which Andrew T. Rusiniak
will be held on Saturday, July 18th, and Sarah M. Martin
Whereas: This year marks the 18th annual run, and ADOPTED
Whereas: To publicize the event, the Race Director
has requested permission to display a banner across Elmwood UNFINISHEDBUSINESS
Avenue from 946 Elmwood Avenue to 951 Elmwood Avenue, NO.189
and BONDRES.-$300,000-RECONST.S.DISTR.BLDGS.
Whereas: The period in which this banner would be (NO.185,C.C.P.MAY26,1998)
Mrs. LoTempio moved that the above item be taken from the NO.3
table. The following annuitants were canceled from the roll:
Seconded by Mr. Manley. Eleanor Felicetta Died 4/18/98
CARRIED Franklin C. Haas Died 4/29/98
Mrs. LoTempio now moved the approval of the above item. Edna Rohde Died 5/10198
Seconded by Mr. Manley RECEIVED AND FILED.
PASSED NO.4
AYES -11 NOES 0 On motion by Mr. Masiello, the City of Buffalo Police and Fire
Pension Board Meeting adjourned at 11:10 a.m.
NO.190
BONDRES.-$500,000-RECONST.NIAGARAFALLS
BLVD.
(NO.186,C.C.P.MAY26,1998)
Mrs. LoTempio moved that the above item be taken from the
table.
Seconded by Mr. Manley.
CARRIED
Mrs. LoTempio now moved the approval of the above item.
Seconded by Mr. Manley.
PASSED
AYES -11 NOES 0
NO.191
BONDRES.-$1,000,000-COSTURBANARTSCTR.
(NO.187,C.C.P.MAY26,1998)
Mrs. LoTempio moved that the above item be taken from the
table.
Seconded by. Mr. Brown.
CARRIED
Mrs. LoTempio now moved the approval of the above item.
Seconded by Mr. Brown.
PASSED
AYES -11 NOES 0
NO.192
ANNOUNCEMENTOFCOMMITTEEMEETINGS
The following meetings are scheduled. All meetings are
held in the Council Chambers, 13th floor,
City Hall, Buffalo, New York, unless otherwise noted.
Regular Committees
Civil Service -Tuesday, June 16, 1998,9:30 o'clock A.M.
Finance -Tuesday, June 16, 1998 following Civil Service
Legislation -Tuesday, June 16, 1998 at 2: 00 o'clock P.M.
Community Dev.-Wed., June 17, 1998, 10:00 o'clock A.M.
Education-Wednesday June 17, 1998 at 2:00 o'clock P.M..
Ancillary Meetings
Special meeting on Claims, Wednesday, June 10, 1998 at
2:00 o'clock P.M. in Council Chambers.
Special meeting on Taylor Impasse, Wednesday, June 10,
1998 at 3:00 o'clock P.M. in Room 1417.
Special meeting of the Super Span Task Force, on
Thursday, June 11, 1998 at 2:00 o'clock P.M. in Room 1417.
Special meeting of the Office of Telecommunications,
Friday, June 12, 1998 at 10:00 o'clock A.M.
N0.193
ADJOURNMENT
On a motion by Mrs. LoTernpio, Seconded by Ms.
Kavanaugh the Council adjourned at 3:17 P.M.
CHARLES L. MICHAUX, III
CITY CLERK
BOARDOFPOLICEANDFIREPENSION
PROCEEDINGS#5
MAYOR'SOFFICE-201CITYHALL
MAY21,1998
Present:; Anthony M. Masiello, Mayor; Joel A. Giarnbra,
Comptroller-2
Absent: James W. Pitts, Council President -1
The Journal of the last meeting was approved.
NO.1
I transmit herewith the Pension Payroll for the Fire Pension
Fund for the month of May 1998 amounting to $23,653.43, 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.2
I transmit herewith the Pension Payroll for the Police
Pension Fund for the month of May 1998 amounting to
$25,519.95, and respectfully request that checks be drawn to
the order of the persons named herein for the amounts stated.
ADOPTED.
AYES-2. NOES-0.