HomeMy WebLinkAbout98-0922
No.(#17)
COMMON COUNCIL
PROCEEDINGS
OF THE
CITY OF BUFFALO
(September 22, 1998
MAYOR
Hon. Anthony M. Masiello
COMPTROLLER
Joel A. Giambra
COMMON COUNCIL
PRESIDENT OF THE COUNCIL
James W. Pitts
PRESIDENT PRO TEMPORE
David A. Franczyk
MAJORITY LEADER
Rosemarie Lo Tempio
COUNCILMEMBERS-AT-LARGE
Beverly Gray
Barbara Kavanaugh
Rosemarie LoTempio
DISTRICTCOUNCILMEMBERS
ALFRED T. COPPOLA - DELAWARE
BARBARA MILLER-WILLIAMS - ELLICOTT
DAVID A. FRANCZYK - FILLMORE
RICHARD A. FONTANA - LOVEJOY
BYRON BROWN - MASTEN
ROBERT QUINTANA - NIAGARA
DALE ZUCHLEWSKI - NORTH
DENNIS T. MANLEY - SOUTH
KEVIN J. HELFER - UNIVERSITY
REGULARCOMMITTEES
CIVIL SERVICE COMMITTEE: Beverly Gray,
Chairman, Alfred T. Coppola, Kevin J. Helfer, Barbra
Kavanaugh, Dennis T. Manley
CLAIMS COMMITTEE: Robert Quintana, Chairman,
Alfred T. Coppola, David Franczyk, Kevin J. Helfer, Barbara
Miller-williams, Members
COMMUNITY DEVELOPMENT COMMITTEE: Dale L.
Zuchlewski Chairman, Byron Brown, Richard A. Fontana,
Kevin J. Helfer, Rosemarie LoTempio, Barbara Miller-Williams
Members
FINANCE COMMITTEE: David Franczyk, Chairman,
Byron Brown, Beverly Gray, Kevin J. Helfer, Dennis T. Manley,
Dale Zuchlewski Members.
LEGISLATION COMMITTEE: Alfred T. Coppola,
Chairman, Richard A. Fontana, Kevin J. Helfer, Barbra
Kavanaugh, Rosemarie LoTempio, Robert Quintana, Members
RULES COMMITTEE: James W. Pitts, Chairman Kevin
J. Helfer, Rosemarie LoTempio , Members
EDUCATION COMMITTEE: Barbra A. Kavanaugh
Chairman, Beverly Gray, Kevin J. Helfer, Barbara Miller-
Williams, Dale Zuchlewski Members
SPECIALCOMMITTEES
TELECOMMUNICATIONS COMMITTEE: James W.
Pitts, Chairman, Alfred T. Coppola, Richard A. Fontana,
Beverly Gray, Kevin J. Helfer
BUDGET COMMITTEE: Rosemarie LoTempio ,
Chairman, Byron Brown , Alfred T. Coppola, David Franczyk,
Kevin J. Helfer,
ERIE BASIN MARINA LEASE COMMITTEE: James
W. Pitts, Chairman, Alfred T. Coppola, Richard A. Fontana,
Kevin J. Helfer, Rosmarie LoTempio, Robert Quintana
POLICE REORGANIZATION COMMITTEE: Robert
Quintana, Chairman, Beverly Gray, Kevin J. Helfer, Rosemarie
LoTempio, Dennis T. Manley
CORPORATION PROCEEDINGS
COMMONCOUNCIL
CITYHALL-BUFFALO
TUESDAY,(INSERTDATE)
AT2:00P.M.
NO4.
PRESENT - James W. Pitts President of the Council, M.GADEMSKY
and and Council Members Brown, Coppola, Fontana, 478ELMWOODAVE.
Franczyk, Gray, Helfer, Kavanaugh, LoTempio,Manley, SIT-INRESTAURANTANDSIDEWALKCAFE
Pitts, Quintana, Williams and Zuchlewski - 13. ITEMNO.120,C.C.P.7/21/98
The City Planning Board at its regular meeting held Tuesday,
ABSENT - None. September 15, 1998, considered the matter captioned above
pursuant to Section 413-59 and 511-56 of the Buffalo Code,
On a motion by Mrs. LoTempio, seconded by Sidewalk Cafe's and Elmwood Avenue Business District
Mr.Fontana, the minutes of the stated meeting held on respectively.
(INSERT DATE) were approved. The applicant seeks to expand a take-out restaurant into
a sit-in restaurant and add live music and install a sidewalk
FROMTHEMAYOR cafe which will encroach the right-of- way at 478 Elmwood Ave.
FROM THE CITY PLANNING BOARD aka 177 Hodge. Under SEQR the restaurant is considered an
NO.1 unlisted action which may be studied through uncoordinated
APPOINTMENTOFMEMBERTOTHE review.
MUNICIPALCIVILSERVICECOMMISSION The Planning Board voted to approve the restaurant
Pursuant to the powers vested in me by Section 66 of the expansion and sidewalk cafe with the conditions that the
Charter of the City of Buffalo, I hereby appoint Richard A. sidewalk cafe operations close at 11 pm, and that no outside
Grimm III, residing at 1723 Amherst St., Buffalo, New York music or trash receptacles be allowed.
14216 to the Municipal Civil Service Commission for a term RECEIVED AND FILED
expiring May 31, 2004.
Mr. Grimm is a partner in the law firm of Magavern, NO5
Magavern and Grimm. He is a graduate of St. Bonaventure R.CHAIANI
University with a degree in business administration and 520ELMWOODAVE,
received his doctorate in law from the State University of New RESTAURANTEXPANSION
York at Buffalo. His practice involves civil litigation, including ITEMNO.209,C.C.P,9/8/98
insurance defense, personal injury, real property and The City Planning Board at its regular meeting held
commercial litigation. Mr. Grimm has been active with the Tuesday, September 15, 1998, considered the matter
Leukemia Society, the BISON Fund, Children's Hospital and captioned above pursuant to Section 511-56 of the Buffalo
the Erie County Bar Association. Code, Elmwood Avenue Business District.
I hereby certify that the above named individual is fully The applicant seeks to expand an existing restaurant
qualified to serve as a member of the Municipal Civil Service into a vacant adjoining store front located at 520 Elmwood Ave.
Commission. Under SEQR the restaurant is considered an unlisted action
REFERRED TO THE COMMITTEE ON LEGISLATION, which may be studied through uncoordinated review.
CORPORATION COUNSEL, DIVISION OF COLLECTIONS The Planning Board voted to approve the restaurant
AND COMPTROLLER. expansion.
RECEIVED AND FILED
NO.2
APPOINTMENT&RE-APPOINTMENTOFMEMBERSTONO6
THE A.LEWIN
BUFFALOPRESERVATIONBOARD 807ELMWOODAVE.
Pursuant to the powers vested in me by Article II, Section CONVERTBANKINTORESTAURANT
337-3, Part II of the Code of the City of Buffalo, I hereby ITEMNO.212,C.C.P.9/8/98
appoint & re-appoint the following individuals to the Buffalo The City Planning Board at its regular meeting held Tuesday,
Preservation Board: September 15, 1998, considered the matter captioned above
RE-APPOINTMENTS: pursuant to Section 511-56 of the Buffalo Code, Elmwood
John M. Laping, FAIA 166 Bryant Street Buffalo, New York Avenue Business District.
14222 Mr. Laping's term will commence immediately and expire The applicant seeks to convert a former bank into a 1
August 31, 2001. story restaurant with an outdoor patio located at 807 Elmwood
Sam Gurney 772 Potomac Avenue Buffalo, New York 14209 Ave. Under SEQR the restaurant is considered an unlisted
Mr. Gurney's term will commence immediately and expire action which may be studied through uncoordinated review.
August 31, 2001. The Planning Board voted to approve the restaurant
Christopher f. Guerra: 513 Virginia Street Buffalo, New York and patio with the conditions that the patio have a closing time
14202 Mr. Guerra's term will commence immediately and of 11:00 p.m.. and that there is no outside music allowed.
expire August 31, 1999. He is filling Francesca Mesiah's RECEIVED AND FILED
vacancy.
I hereby certify that the above named individuals are fully NO7
qualified to serve as members of the Buffalo Preservation A.SCACCIA
Board. 1842-1850SENECAST.
REFERRED TO THE COMMITTEE ON LEGISLATION, RESTAURANTEXPANSION
CORPORATION COUNSEL, DIVISION OF COLLECTIONS ITEMNO.213,C.C.P.9/8/98
AND COMPTROLLER. The City Planning Board at its regular meeting held Tuesday,
September 15, 1998, considered the matter captioned above
pursuant to Section 511-64 of the Buffalo Code, Seneca Street
District.
The applicant seeks to expand an existing restaurant
NO.3 into a vacant adjoining store front located at 1848 Seneca St.
A.SERAFINI Under SEQR the restaurant is considered an unlisted action
1880SENECAST which may be studied through uncoordinated review.
SIT-INRESTAURANT The Planning Board voted to approve the restaurant
ITEMNO.93,C.C.P.5/12/98 expansion.
The City Planning Board at its regular meeting held RECEIVED AND FILED
Tuesday, September 15, 1998, considered the matter
captioned above pursuant to Section 511-64 of the Buffalo NO.8
Code, Seneca Street District. BUFFALOCOLORCORP
The applicant seeks to convert an existing take-out USESO.PARKNEARLIFTBRIDGE
restaurant into a sit-in restaurant by expanding operations into FIREMAIN
a vacant adjoining store front. Under SEQR the restaurant is ITEMNO.70-,CCP.9/8/98
considered an unlisted action which may be studied through The City Planning Board at its regular meeting held Tuesday,
uncoordinated review. September 15, 998, considered the matter captioned above
The Planning Board voted to approve the proposed sit-in pursuant to Section 413 of the Buffalo Code,
restaurant expansion. Encroachment Regulations.
RECEIVED AND FILED The applicant seeks to install a fire main below grade on
So. Park north of the lift bridge which encroach the right-of-
way. Under SEQR the fire main is considered an unlisted Planning Board voted to received and file the proposed
action which may be studied through uncoordinated review. sidewalk cafe expansion.
The Planning Board voted to approve the fire main. REFERRED TO THE COMMITTEE ON LEGISLATION
RECEIVED AND FILED.
NO.14
NO.9 GELINMACSTORAGE
R.WHITMAN 20BUFFALORIVER
532NORFOLKAVE. ITEMNO.65,C.C.P.11/25/97
BILLBOARDSIGN The City Planning Board at its regular meeting held Tuesday,
The City Planning Board at its regular meeting held Tuesday, September 15 1998, considered the matter captioned above
September 15 1998, considered the matter captioned above pursuant to Section 511-67 of the Buffalo Code, Buffalo
pursuant to Section 387-19 of the Buffalo Code, Application for Coastal Special Review District.
ground, pole or billboard sign permit. The applicant seeks to The applicant seeks to have the previously approved 1 year
replace an existing billboard sign with a new 14'x48'x6O' restricted use permit renewed to continue the animal feed
billboard sign located at 532 Norfolk Ave. Under SEQR the production activities. After several attempts to contact the
billboard sign is considered an unlisted action which may be applicant and many months of this item being on the table, the
studied through uncoordinated review. Planning Board voted to receive and file the application.
The Planning Board voted to approve the billboard sign. REFERRED TO THE COMMITTEE ON LEGISLATION
RECEVIED AND FILED
NO.15
RESPONSETO"AUDITEDFINANCIAL
NO.10 STATEMENTS,ETC.-NORTHAMERICAREPARK.
LEHIGHVALLEY ITEM#14,C.C.P.SEPTEMBER8,1998
110FUHRMANNBLVD. I am writing in response to the Common Council's request for
BILLBOARDSIGN my comments on "Audited Financial Statements, etc.-North
ITEMNO.122,C.C.P.7/21/98 AmeriCare Park" (Item #14, C.C.P, September 8, 1998i.
The City Planning Board at its regular meeting held Tuesday, I regret to report that North AmeriCare Park has finished
September 15, 1998, considered the matter captioned above fiscal year 1997 with a financial deficit for the fifth consecutive
pursuant to Section 387-19 and 511-67 of the Buffalo Code, year. Over the same time period, however revenues generated
Application for ground, pole or billboard sign permit and Buffalo from the lease agreement with the Buffalo Bisons is down
Coastal Special Review District. nearly $650,000. We have made every attempt to minimize this
The applicant seeks to erect a 14'x48'x55' billboard sign drastic reduction in.revenues by reducing our operating budget,
located at 110 Fuhrmann Blvd. Under SEQR the billboard sign re-bidding the Naming Rights for the stadium and eliminating
is considered an unlisted action which may be studied through the rent for other events with incremental costs.
uncoordinated review. If you need additional information, please feel free to call
The Planning Board voted to approve the billboard. upon me.
REFERRED TO THE COMMITTEE ON LEGISLATION Thank you.
REFERRED TO THE COMMITTEE ON FINANCE
NO.11 NO.16
N.F.T.A. CERTIFICATEOFNECESSITY
BUSSHELTERS TRANSFEROFFUNDS
ELMWOODAVE.ANDDELAWARE RESERVEFORCAPITALIMPROVEMENTS
ITEMNO.69,C.C.P.9/8/98 DIVISIONOFBUILDINGS
The City Planning Board at its regular meeting held Tuesday, We, Anthony M. Masiello, Mayor and Joel A. Giambra,
September 15, 1998, considered the matter captioned above Comptroller, do hereby certify, pursuant to Section 42 of the
pursuant to Section 413 of the Buffalo Code, Encroachment Charter, that it is necessary that the sum of $125,000 be
Regulations. transferred and reappropriated from the Reserve for Capital
The applicant seeks to construct bus shelters on Elmwood at Improvements, as set forth W,
Summer and W. Utica and at Delaware and Hertel Ave. Under Dated: Buffalo NY September 8, 1998
SEQR the bus shelters are considered an unlisted action RECEIVED AND FILED.
which may be studied through uncoordinated review.
The Planning Board voted to approve the bus shelters. NO.17
REFERRED TO THE COMMITTEE ON LEGISLATION CERTIFICATEOFNECESSITY
TRANSFEROFFUNDS
NO.12 FRINGEBENEFITS-POLICEANDFIRERETIREMENT
SHIPCANAL SYSTEM
9SHIPCANAL GRANTSINAID-WESTSIDECOMMUNITYSERVICES
BILLBOARDSIGN We, Anthony M. Masiello, Mayor and Joel A. Giambra,
ITEMNO.211,C.C.P.9/8/98 Comptroller, do hereby certify, pursuant to Section 42 of the
The City Planning Board at its regular meeting held Tuesday, Charter, that it is necessary that the sum of $5,000 be
September 15, 1998, considered the matter captioned above transferred and reappropriated from Fringe Benefits - Police
pursuant to Section 387-19 and 511-67 of the Buffalo Code, and Fire Retirement System, as set forth below:
Application for ground, pole or billboard sign permit and Buffalo Dated: Buffalo, NY September 9, 1998
Coastal Special Review District respectively. RECEIVED AND FILED
The applicant seeks to erect a 14'x48'x3O' billboard sign
located at 9 Ship Canal. Under SEQR the billboard sign is NO.18
considered an unlisted action which may be studied through INTERFUNDLOAN
uncoordinated review. BOARDOFEDUCATION
The Planning Board voted to approve the billboard sign at an Over the last six years, the City has provided interfund
overall height of 30'. loans from the City General Fund to The City, Board and
REFERRED TO THE COMMITTEE ON LEGISLATION Enterprise Capital Projects Funds to implement financing of the
Capital Improvements Budget. The interfund loans are repaid
NO.13 when the Bond Anticipation Notes or Bonds are issued to
A.ROGERS finance these projects.
1434HERTELAVE. As of today, we have two requests for money to
SIDEWALKCAFE finance projects and we will not reenter the bond market at this
ITEMNO.36,C.C.P.6/23/98 time.
The City Planning Board at its regular meeting held Tuesday, We are requesting that you approve interfund cash
September 15, 1998, considered the matter captioned above loan from the General Fund to the City's Capital Projects Fund
pursuant to Section 413-59 and 511-59 of the Buffalo Code, in the amount of $1,321,693, Roofs, Phase II, Board of
Sidewalk Cafes and Hertel Avenue District respectively. Education, $857,000, Exterior Reconstruction of Various
The applicant seeks to install a 20'x6' sidewalk cafe which Schools, Board of Education. The loans will be repaid when
will encroach the right-of-way which will also expand the Bond Anticipation Notes or Bonds are issued.
business operations. Under SEQR the restaurant is From To Account Repayment Date
considered an unlisted action which may be studied through Total
uncoordinated review. 100 Gen. 200 Cpt Proj. 299-975-023 BAN/Bnd Sale
After failing to appear at several planning board meetings, the 1,321,693
100 Gen. 200 Cpt. Proj.299-975-024 BAN/Bnd Sale and conditions of said lease shall remain the same. That the
857,000 Corporation Counsel to prepare the necessary documents to
Mrs. LoTempio moved: renew said lease and that the Mayor be authorized to execute
That the above communication from the Comptroller dated the same.
September 15, 1998, be received and filed; and PASSED.
That the Comptroller be, and he hereby is authorized to make AYES-13. NOES-0.
interfund cash loans from the General Fund to the City's
Capital Projects Fund in the amount of $1,321,693, for Roofs,
Phase II, Board of Education and in the amount of $857,000,
for Exterior Reconstruction of Various Schools, Board of NO.21
Education. The loans will be repaid when Bond Anticipation DONATIONOFPRIVATEPROPERTYTOCITY
Notes or Bonds are issued. 78MORELAND
PASSED. ITEMNO.225,C.C.P.9/25/98
AYES-13. NOES-0. The above captioned item was referred to the Comptroller's
Office, Division of Real Estate, for a response. This item is a
NO.19 Resolution from Councilmember Fontana recommending that
INTERFUNDLOAN the City accept Edwin R. Pac's request to accept the donation
COMM.CTRS,ETC. of property he owns at 78 Moreland (an unoccupied double
Over the last six years, the City has provided interfund dwelling).
loans from the City General Fund to The City, Board and The Division of Real Estate no longer has housing stock
Enterprise Capital Projects Funds to implement financing of the under it's jurisdiction. The Department of Community
Capital Improvements Budget. The interfund loans are repaid Development, Division of In-Rem, now handles the City owned
when the Bond Anticipation Notes or Bonds are issued to housing stock.
finance these projects. However, it has been a past practice not to accept property
As of today, we have two requests for money to donated to the City of Buffalo, unless it was needed for a
finance projects and we will not reenter the bond market at this municipal purpose or for new construction. This office receives
time. a number of phone calls from property owners wishing to
We are requesting that you approve interfund cash donate their houses to the City of Buffalo. It is our position that
loan from the General Fund to the City's Capital Projects Fund it would be unfair to the taxpayers of the City of Buffalo to
in the amount of $70,000 for Reconstruction of Community accept privately owned buildings from individuals who own
Centers, $97,916 for Reconstruction Shea's Restrooms. The property and cannot dispose of them for whatever reason. We
loans will be repaid when Bond Anticipation Notes or Bonds are have directed individuals wanting to dispose of their properties
issued. to groups that may be able to assist them such as B.N.R.C.,
From To Account Habitat for Humanity, A.B.L.E.Y., or the Neighborhood Housing
Repayment Date Total. Service Center in their area. All of these are organizations
100 General 200 Capital Projects 203-402-00 renovate housing and sell to low-income families and may be
BAN/Bond Sale $ 70,000 interested in taking title to Mr. Pac's property.
100 General 200 Capital Projects 203-402-00 This office would not recommend accepting this property due
BAN/Bond Sale $ 97,1916 to the fact that it will start a precedent and being a burden on all
Mrs. LoTempio moved: the other taxpayers of this City.
That the above communication from the Comptroller dated REFERRED TO THE COMMITTEE ON FINANCE
September 15, 1998, be received and filed; and
That the Comptroller be, and he hereby is authorized to make NO.22
interfund cash loans from the General Fund to the City's CERTIORARIPROCEEDINGS
Capital Projects Fund in the amount of $70,000 for BETTYJ.BRINKWORTH
Reconstruction of Community Centers, $97,916, for 1180HERTELAVENUE
Reconstruction Shea's Restrooms. The loans will be repaid This is to advise that the owner, Betty J. Brinkworth instituted
when Bond Anticipation Notes or Bonds are issued. certiorari proceedings on 1180 Hertel Avenue, Buffalo, New
PASSED. York, regarding the assessments for fiscal year 1997-98. The
AYES-13. NOES-0. assessment was reviewed by the Department and the owner
expressed a willingness to settle the proceeding.
NO.20 The final assessment for fiscal year 1997-98 was $190,000.
RENEWLEASEAGREEMENTBETWEENTHECITYOF The owner is agreeable to a settlement which would result in a
BUFFALO reduction to $115,000 on 1180 Hertel Avenue. The 1997-98
ANDBELLAVISTAGROUP,INC.FORUSEOF2237taxes on 118O Hertel Avenue were $7,428.38. The taxes on
NIAGARASTREET $115,000 would have been $4,496.12, a reduction of
ITEMNO.94,C.C.P.11/12/97 $2,932.26.
Pursuant to Item No. 94, C.C.P. 1 1/1 2/97, Your The property sold a few months ago for $105,000, and the
Honorable Body authorized a one (1) year lease agreement building has been demolished.
between the City of Buffalo and the Bella Vista Group, Inc. for Based on a review of the current market value of the
use of 2237 Niagara Street. This lease was for the period of property, I feel this settlement would be in the best interest of
October 1, 1997 through September 30, 1998. the City. I recommend this settlement, in which the
The Comptroller's Office, Division of Real Estate, Department of Law concurs.
has received a request from the BE!IIa Vista Group, Inc. to The proposed settlement is subject to approval by Your
renew their lease for a five year period commencing on October Honorable Body. I therefore request that the Acting
1, 1998 and expiring on September 30, 2003. Corporation Counsel be authorized to settle the 1997-98
The Bella Vista Group, Inc. pays for private garbage certiorari proceeding on 1180 Hertel Avenue by reducing the
pick-up, so there would be no cost involved for the garbage assessment from $190,000 to $115,000.
user fee. The rental will remain at One Hundred Fifty-Five REFERRED TO THE COMMITTEE ON FINANCE
Dollar ($155.00) per year, and all other terms and conditions of
said lease shall remain the same. NO.23
This office recommends that Your Honorable Body CERT.PROCEEDING
renew their present lease agreement for a five (5) year period 461HEWITT
commencing on October 1, 1998 and expiring on September ITEM#44,C.C.P.09/08/98
30, 2003. 1 am further mCOMmending that Your Honorable The Finance Committee requested additional information on
Body authorize the Corporation Counsel to prepare the the above item sent to the Council for approval.
necessary documents to renew said lease and that the Mayor The owner of record filed an assessment challenge
be authorized to execute the same. with the Board of Assessment Review (BAR) in December
Mrs. LoTempio moved: 1997. The BAR decision was to lower the assessment from
That the above communication from the Comptroller dated $59,000 to $53,000 and that value was entered on the Final
September 17, 1998, be received and filed; and Assessment roll for March 1998. The owner, dissatisfied with
That the Comptroller be, and he hereby is authorized to renew the decision, filed a certiorari proceeding, as provided for in
a lease between the City and the Bella Vista Group, Inc., for New York state law, to appeal the BAR decision. As part of the
use of 2237 Niagara Street for a five (5) year certiorari proceeding, arrangements were made for the
term commencing on October 1, 1998 and expiring September assessor to conduct a thorough interior and exterior inspection
30, 2003. The annual rental fee is One Hundred and Fifty-Five of the premises.
Dollars ($155.00) per year and all other terms The inspection of the property found water problems in the
basement, old heating units, empty units, both upper and lower, 22OAKGROVEAVENUE
with considerable work needed due to tenants and the need for THOMASM.DEAN
major renovations in at least the bathrooms. Based on the This is to advise that the owner, Thomas M. Dean instituted
findings from this inspection the assessor performed a certiorari proceedings on 22 Oakgrove Avenue, New York,
comparative analysis of similar properties sold and determined regarding the assessments for fiscal year 1997-98. The
that recent sales coupled with the condition of the property assessment was reviewed by the Department and the owner
would support a value of $30,000. expressed a willingness to settle the proceeding.
The owner was requesting a reduction to $16,000 based on The final assessment for fiscal year 1997-98 was $32,200.
the purchase price but has agreed to the $30,000 value. The owner is agreeable to a settlement which would result in a
Please keep in mind that this office has a policy of revisiting reduction to $20,000 on 22 Oakgrove. The taxpayer would be
properties that have had major reductions in assessed value entitled to a refund of $223.18 for the 1997-98 fiscal year. The
based on the need for rehab or repairs. When the work is property has been for sale for over a year and was recently
completed the property is re-examined to determine what the reduced to an asking price of $20,000.
assessed value should now be based on the property's current Based on a review of the current market value of the
repaired condition. property, I feel this settlement would be in the best interest of
REFERRED TO THE COMMITTEE ON FINANCE the City. I recommend this settlement, in which the
Department of Law concurs.
The proposed settlement is subject to approval by Your
NO.24 Honorable Body. I therefore request that the Corporation
CERTIORARIPROCEEDINGS Counsel be authorized to settle the 1997-98 certiorari
THOMASM.DEAN proceeding 22 Oakgrove Avenue by reducing the assessment
196KEYSTONEAVENUE from $32,200 to $20,000 for each year.
This is to advise that the Administrator of an Estate, Thomas REFERRED TO THE COMMITTEE ON FINANCE
M. Dean, instituted certiorari proceedings on 196 Keystone,
Buffalo, New York, regarding the assessment for fiscal year NO.27
199798. The assessment was reviewed by the Department and GARASSOCIATES,INC.ANDCITYOFBUFFALO
the owner expressed a willingness to settle the proceeding. PERSONALSERVICESCONTRACT
The final assessment for fiscal year 1997-98 was $30,000. Attached please find a copy of the contract for professional
The owner is agreeable to a settlement which would result in a services for Gar Associates, Inc. and the City of Buffalo in
reduction to $14,000 on 196 Keystone. The taxpayer would be relation to the reassessment project.
entitled to a refund of $292.70 for the 1997-98 year. The 1997-REFERRED TO THE COMMITTEE ON FINANCE.
98 city taxes would be reduced from $548.80 to $256.10. The
property was sold by the Public Administrator earlier this year NO.28
for $5,000. NOTIFICATIONSERIAL#9072
Based on a review of the current market value of the INSTALLNOPARKING
property, I feel this settlement would be in the best interest of ONBAILEYAVENUE,EASTSIDEBETWEENGENESEE
the City. I recommend this settlement, in which the STREETANDAPOINTOPPOSITETHESOUTHCURB
Department of Law concurs. LINEOFEASTFERRYSTREET.
The proposed settlement is subject to approval by Your NO PARKING - INSTALL
Honorable Body. I therefore request that the Corporation in conformity with Section 49 of Chapter 479 of the Ordinances
Counsel be authorized to settle the 1996-97 and 1997-98 of the City of Buffalo, the City Engineer hereby notifies Your
certiorari proceeding on 196 Keystone by reducing the Honorable Body of this action supplementing, amending, or
assessment from $30,000 to $14,000 for the 199798 tax year. repealing existing provisions of Chapter 479 of the Ordinances,
REFERRED TO THE COMMITTEE ON FINANCE as stated below, to be effective forty five days after the first
Council meeting at which they appear on the agenda as an item
business.
NO.25 That that part of Subdivision 24 Section 15 of Chapter 479 of
CERTIORARIPROCEEDINGS Ordinances of the City of Buffalo be supplemented by adding
VIOLETREALTY thereto the following : NO PARKING
350&416MAINSTREET PROH. PORTION OF HGHWY PROHIBITED PERIOD
This is to advise that the owner, Violet Realty, Inc., instituted Bailey Avenue, east side At all times
certiorari proceedings on 350 Main Street (Main Place Mall and between Genesee Street
Tower) and 416 Main Street (Liberty Building), regarding the and a point opposite the
assessments for the fiscal years 1996-97 and 1997-98 and south curb line of East
1998-99. The assessments were reviewed by the Department Ferry Street.
and the owner expressed a willingness to settle the This action is being taken at the request of the president of
proceedings. Harmac Medical Products, Inc.
The final assessments for each year at issue were
$17,000,000 for Main Place and $8,000,000 for the Liberty NOTIFICATIONSERIAL#9073
Building for a total of $25,000,000. The owner is agreeable to INSTALLSTOPSIGNS(ALL-WAY)
a settlement under which the 1996-97 proceeding would be INESSERAVENUEATPHILADELPHIASTREET
discontinued. The 1997-98 assessment would be reduced STOP SIGNS (ALL-WAY) - INSTALL
from a total of $25,000,000 to a total of $20,000,000 for both In conformity with Section 49 of Chapter 479 of the Ordinances
properties. The 1997-98 taxes on $25,000,000 were of the City of Buffalo, the City Engineer hereby notifies Your
$977,419.14. The taxes on $20,000,000 would have been Honorable Body of this action supplementing, amending, or
$781,935.40, for a reduction of $195,483.84. repealing existing provisions of Chapter 479 of the Ordinances,
Under the terms of the agreement, the 1998-99 assessments as stated below, to be effective forty five days after the first
would be reduced from a total of $25,000,000 to a total of Council meeting at which they appear on the agenda as an item
$15,100,000 for both properties. The 1998-99 taxes on business.
$25,000,000 are $986,252.94. The taxes on $15,1 00,000 That that part of Subdivision 9 Section I I of Chapter 479 of
would be $595,696.80, for a reduction of $390,556.14. Ordinances of the City of Buffalo be supplemented by adding
Based on a review of the current market value of the thereto the following: STOP SIGNS
property, I believe this settlement to be in the best interest of VEHICLES ON SHALL STOP BEFORE
the City. I recommend, therefore, this settlement in which the ENTERING
Department of Law concurs. Esser Avenue Philadelphia Street
The proposed settlement is subject to approval by Your RECEIVED AND FILED.
Honorable Body. I therefore request that the Corporation
Counsel be authorized to settle the 1997-98 certiorari NO.29
proceeding on 350 and 416 Main by reducing the assessments REPORTOFBIDS
from a total of $25,000,000 to a total of $20,000,000 and to BUFFALO&ERIECOUNTYHISTORICALSOCIETY
settle the 1998-99 proceeding on the same properties by HEATINGSYSTEMRECONSTRUCTION
reducing the assessments from a total of $25,000,000 to a total I advertised for on August 25, 1998 and received the following
of $15,100,000 sealed formal proposals for the Buffalo & Erie County Historical
.
Society, Heating System Reconstruction, which were publicly
REFERRED TO THE COMMITTEE ON FINANCE
opened and read on September 15, 1998.
Base Bid Alternate #1
NO.26
Colgate Heating $74,868.00 $1,066.00
CERTIORARIPROCEEDINGS
Simeone Mechanical $122,000.00 $1,500.00 sealed formal proposals for Delaware Park, Rose Garden
Alternate #1 is to provide the services of a professionally Improvements, which were publicly opened and read on
trained person to video and trace the building sewer line to the September 15, 1998.
public main located in southwest corner of the Old Coal General Construction Base Bid Alt #1 Alt #2 Alt
Bunker. #3
I hereby certify that the foregoing is a true and correct Nichter Associates $ 53,000 $3,000 $ 7,000
statement of all bids received and that Colgate Heating, with a $16,000
Base Bid of $74,868.00, and an Add Alternate of $1,066.00 for G. B. H. Paving, Inc. $ 87,000 $3,500 $11,000 $
a total amount of Seventy Five Thousand Nine Hundred Thirty 6,000
Four and 00/100 Dollars ($75,934.00) is the lowest responsible The Hadala Corp. $ 89,900 $6,000 $ 8,900 $
bidder in accordance with the plans and specifications 9,600
I recommend that Your Honorable Body authorize the Gleason's Nursery $ 73,686 $1,872 $26,730
Commissioner of Public Works to order the work on the basis $22,385
of the low bids. Funds for this work will be available in CPF Johnstone Landscape $112,370 $5,700 $19,440
200-402-535 - Division of Buildings. $17,530
Mrs. LoTempio moved: Alternate #1 is for foundations at the Shakespeare Dell.
That the above communication from the Commissioner of Alternate #2 is for pergola wood repairs and paint.
Public Works dated September 15, 1998, be received and Alternate #3 is for pergola foundation repairs.
filed; and Plumbing Work Base Bid Alt #1
That the Commissioner of Public Works be, and he hereby is Gleason's Nursery $10,400 $3,611
authorized to award a contract to; Buffalo & Erie County Carino Plumbing $13,980 $3,875
Historical Society, Heating System Reconstruction to Colgate MKS Plumbing Corp. $15,700 $2,700
Heating, the lowest responsible bidder, with a base bid of H & M Plumbing $20,075 $4,470
$74,868.00. Numarco $23,600 $2,900
PASSED Alternate #1 is for a drinking fountain.
AYES-13. NOES-0. I hereby certify that the foregoing is a true and correct
statement of all bids received and that the following firms are
NO.30 the lowest responsible bidders in accordance with the plans
REPORTOFBIDS and specifications:
CONSTRUCTIONOFHANDICAPRAMPS General Construction: Nichter Associates with a Base Bid of
PHASEV-1998/1999, $53,000, add Alternate #1 for $3,000, add Alternate #2 for
GROUP#485 $7,000, add Alternate #3 for $16,000, for a total amount of
ITEM#58,C.C.P.9/8/98 $79,000.00.
ITEM#126,C.C.P.3/3/98 Plumbing Work: Gleason's Nursery with a Base Bid of
This is to advise your Honorable Body that I have $10,400, add Alternate #1 for #3,61 1, for a total amount of
advertised and received bids on September 2, 1998 for The $14,01 1.00.
Construction of Handicap Ramps - Phase V - 1998/1999, I recommend that Your Honorable Body authorize the
Group #485. Commissioner of Public Works to order the work on the basis
In obtaining bids for the above project, I have asked of the low bids. Funds for this work are available in CPF 200-
for bids on a unit price covering the various items of work and 402-080 - Division of Buildings.
material which will be performed. The final cost of the work will Mrs. LoTempio moved:
be based on the actual measured quantities of materials
entering into the work and may be either more or less than the
total bid.
The following bids were received: PASSED.
Base Bid Unit Price Increase AYES-13. NOES-0.
P & J Construction Co., Inc. $85,995.00* $94,594.50*
Master's Edge, Inc. $91,215.00* $99,774.50* NO.32
North America Const., Co. $93,790.00 $102,349.50 REPORTOFBIDS
C Contractors, Inc. $97,605.00 $106,164.50 TOWNEGARDENINFRASTRUCTURE
C &
IMPROVEMENTS-1998
Campobello Constr.Co. $134,383.00 $142,942.50
GROUP#457
ITEM#59,CCP9/8/98
*Adjusted Amount
ITEM#126,CCP3/3/98
I hereby certify that the lowest responsible bidder for the
This is to advise your Honorable Body that I have
above project is P & J Construction Co., Inc.
advertised and received bids on September 2, 1998 for
I respectfully recommend that your Honorable Body
Improvements to Towne Garden Infrastructure - 1998, Group
order the work, the cost thereof to be charged to the Capital
#457.
Projects Fund #202-401-006-00-000 in an amount of
In obtaining bids for the above project, I have asked
$85,995.00 plus approved unit prices not to exceed $8,599.50
for bids on a unit price covering the various items of work and
as per Item #126, C.C.P. 3/3/98 for a total encumbrance of
material which will be performed. The final cost of the work will
$94,594.50. The engineer's estimate for this work is $
be based on the actual measured quantities of materials
100,000.00.
entering into the work and may be either more or less than the
The attached is certified to be a true and correct
total bid.
statement of the two (2) lowest bids received. Under provisions
The following bids were received:
of the General Municipal Law, any of the bidders may withdraw
Base Bid Unit Price Increase
his bid if an award of the contract is not made by October 19,
1998. Individual bid submissions are available in our office for
P & J Construction Co., Inc. $53,184.00 $58,565.40
inspection and copies are available upon request.
A.B.P. Concrete Const. Inc. $78,559.00 $83,940.40
Mrs. LoTempio moved:
Campobello Constr. Co. $99,153.00 $104,471.40
That the above communication to the Commissioner of Public
I hereby certify that the lowest responsible bidder for
Works dated September 15, I 999, be received and filed, and
the above project is P & J Construction Co., Inc.
that the Commissioner of Public Works he, and the hereby is
I respectfully recommend that your Honorable Body
authorized toward a contract for the Construction of Handicap
order the work, the cost thereof to be charged to the Capital
Ramps - Phase V - 1'998/19, Group 9485 to
Projects Fund 9202-401-504-00-000 in an amount of $
PI& 3 Construction Co., Inc. the lowest
53,184.00, plus approved unit prices not to exceed $5,381.40
responsible bidder, in an amount of $85,995.01)
as per ltem#126, C.C.P.3/3/98 for a total encumbrance of
approved unit price not to exceed $8,599.50 as per
$58,565.40. The engineer's estimate for this work is $
Item No 126, CC.P for a total encumbrance of $94,594,50.
75,000.00.
Funds for full proiect are available in the Capital Projects
The attached is certified to be a true and correct
Fund 202-401 1
statement of the two (2) lowest bids received. Under provisions
PASSED.
of the General Municipal Law, any of the bidders may withdraw
AYES-13. NOES-0.
his bid if an award of the contract is not made by October 19,
NO.31
1998. Individual bid submissions are available in our office for
REPORTOFBIDS
inspection and copies are available upon request.
DELAWAREPARK
Mrs. LoTempio moved:
ROSEGARDENIMPROVEMENTS
That the above communication from the Commissioner of
I advertised for on August 18, 1998 and received the following
Public Works dated September 15, 1998, tie received and 3.Revise restaurant exhaust hood. Add $ 878.16
filled; and 113 at the Commissioner of Public Works be, and 4. Repair three bay sink. Add $ 296.00
he hereby is authorized to award a contract for the The foregoing change results in a net increase in the contract
Improvements to Towne Garden Infrastructure - 1998, Grouo of One Thousand Three Hundred Sixty Four and 92/100
#457 to P & J Construclion Co., Inc. to the lowest responsible Dollars ($1,364.92).
bidder as per Item No 126, C.C.P., 33,13/98, Summary: Original Amount of Contract $ 14,450.00
a total encumbrance of $58,656.40. Fund., for this project are Amount of This Change (No. 1) Add $ 1,364.92
available in the Capital Projects Fund 9202-401-504-00-C-00. Revised Amount of Contract $ 15,814.92
PASSED. These changes could not be foreseen at the time contract was
AYES-13. NOES-0. let. Costs have been reviewed by the Consulting Architect
NO.33 (DiDonato Associates, PE, PC) and the Department of Public
CHANGEINCONTRACT Works and found to be fair and equitable. Funds for this work
RECONSTRUCTIONOFBROADWAYMARKET are available in 202-402-002 - Division of Buildings.
PHASEII I request that Your Honorable Body authorize the
ELECTRICALWORK Commissioner of Public Works to issue a change order to the
I hereby submit to Your Honorable Body the following changes contractor as set forth above.
for the Reconstruction of Broadway Market, Phase II, Electrical Mrs. LoTempio moved:
Work, Grand Island Electric, C #919501 00. No.35
1. Revise electrical scope of work to accommodate Mrs. LoTemplo moved:
refrigeration revisions from Save-A-Lot Market.
Add $13,460.00 That the above communication from the
Additional electrical work for Save-A-Lot Market. Commissioner of Public Works dated
Add $ 2,182.70 September 15, 1998, be received and filed; and
3. Repairs to damaged electrical lines.
Add $ 1,789.69 That the Commissioner of Public Works be, and
The foregoing change results in a net increase in the contract he hereby is authorized to issue change
of Seventeen Thousand Four Hundred Thirty Two and 39/100 order No. 1, to Buffalo Sheet Metals, Inc., an increase
Dollars ($17,432.39). in the amount of $1,364.92, as more fully
Summary: Original Amount of Contract $103,829.00 described in the above communication, for work
Amount of This Change (No. 1) Add $ 17,432.39 relating to Reconstruction of Broadway Market,
Revised Amount of Contract $121,261.39 Phase 11, Mechanical Work, C #1 1696980. Funds
These changes could not be foreseen at the time contract was for this project are available in 202-402-002 -
let. Costs have been reviewed by the Consulting Architect Division of Buildings.
(DiDonato Associates, PE, PC) and the Department of Public PASSED.
Works and found to be fair and equitable. Funds for this work AYES-13. NOES-0.
are available in 202-402-002 - Division of Buildings.
I request that Your Honorable Body authorize the NO.36
Commissioner of Public Works to issue a change order to the CHANGEINCONTRACT
contractor as set forth above. RECONSTRUCTIONOFBROADWAYMARKET
Mrs. LoTempio moved: PHASEII
PLUMBINGWORK
I hereby submit to Your Honorable Body the following changes
PASSED. for the Reconstruction of Broadway Market, Phase 11,
AYES-13. NOES-0. Plumbing Work, Elmwood Plumbing, C #91950000.
1 .Cut and cap water lines. Add $ 566.32
NO.34 2. Remove and cap existing water lines. Add $ 243.32
CHANGEINCONTRACT 3. Relocate water heater and install pop dispenser
RECONSTRUCTIONOFBROADWAYMARKET connections Add $ 529.07
PHASEII 4. Disconnect and remove plumbing fixtures.
GENERALCONSTRUCTION Add $1,254.65
I hereby submit to Your Honorable Body the following changes 5. Clean and repair roof leader. Add $1,128.14
for the Reconstruction of Broadway Market, Phase 11, General 6. Relocate underslab plumbing due to cooler changes.
Construction, Cypress Development, C #91950200. Add $3,048.45
1.Repair masonry at exterior wall. Add $ 6,760.00 7. New sink at waitress station. Add $ 234.05
2. Substitute cement board at exterior soffit. Add $ 110.00 The foregoing change results in a net increase in the contract
3. Revise contract scope of work to accommodate Save-A-Lot. of Seven Thousand Thre and 98/100 Dollars ($7,003.98).
Add $ 6,670.00 Summary: Original Amount of Contract $ 52,000.00
The foregoing change results in a net increase in the contract Amount of This Change (No. 1) Add $ 7,003.98
of Thirteen Thousand Fiv Hundred Forty and 00/100 Dollars Revised Amount of Contract $ 59,003.98
($13,540.00). These changes could not be foreseen at the time contract was
Summary: Original Amount of Contract $221,500.00 let. Costs have been reviewed by the Consulting Architect
Amount of This Change (No. 1) Add $ 13,540.00 (DiDonato Associates, PE, PC) and the Department of Public
Revised Amount of Contract $235,040.00 Works and found to be fair and equitable. Funds for this work
These changes could not be foreseen at the time contract was are available in 202-402-002 - Division of Buildings.
let. Costs have been reviewed by the Consulting Architect I request that Your Honorable Body authorize the
(DiDonato Associates, PE, PC) and the Department of Public Commissioner of Public Works to issue a change order to the
Works and found to be fair and equitable. Funds for this work contractor as set forth above.
are available in 202-402-002 - Division of Buildings. Mrs. LoTempio moved:
I request that Your Honorable Body authorize the That the above communication from the Commissioner of
Commissioner of Public Works to issue a change order to the Public Works dated September 15, 1998, be received and
contractor as set forth above. filed; and
Mrs. LoTempio moved: That the Commissioner of Public Works be, and he hereby is
authorized to issue change order No. 1, to Elmwood Plumbing,
PASSED. an increase in the amount of $7,003.98, as more fully
AYES-13. NOES-0. described in the above communication, for work relating to
Reconstruction of Broadway Market,
NO.35 Phase 11, Plumbing Work, C 991950000. Funds for
CHANGEINCONTRACT this project are available in 202-402-002 -
RECONSTRUCTIONOFBROADWAYMARKET Division of Buildings.
PHASEII PASSED.
MECHANICALWORK AYES-13. NOES-0.
I hereby submit to Your Honorable Body the following changes NO.37
for the Reconstruction of Broadway Market, Phase 11, PERMISSIONTOPREPAREPLANS&SPECIFICATIONS
Mechanical Work, Buffalo Sheet Metals, Inc., Order ANDADVERTISEFORPROPOSALS
#11696980. FORTHEREPAIRTOCITYPAVEMENTS
1.Eliminate thru-wall A.C. unit. Deduct $ 849.40 1998/1999GROUP#463
2. Provide air supply to office. Add $ 1,040.16 ITEMNO.151,C.C.P.9/2/97
I hereby request permission from your Honorable Body to Terrace. That right-of-way now serves as part of the access
prepare plans, specifications and advertise for sealed ramp to the Niagara Section of the New York State Thruway.
proposals for the Repair to City Pavements - 1998/1999, Group Our records and our review of the plans for the new bridge
#463. indicate that the only existing utilities within the area
This project is to repair damaged pavements at various immediately surrounding Parcel 11 are those belonging to the
locations in the City. following agencies:
This project was approved as part of the 1997-1998 Capital 1. Niagara Mohawk Power Corporation
Improvements Budget. Funds should be available in the 2. Buffalo Sewer Authority
Division of Engineering Capital Projects Fund 4202-401-003- We have since contacted both Niagara Mohawk and the
00-000. Buffalo Sewer Authority, by letter, to advise them that the plans,
No37 maps and descriptions are available for their review and
Mrs. LoTempio moved: comment in the office of the City Engineer.
In addition, we have contacted, by letter, the following
That the above communication from the agencies, also advising them of the availability of the plans for
Commissioner of Public Works dated their review:
September 16, 1998 be received and filed; and 1. Buffalo Water Board
That the Commissioner of Public Works be, 2. Bell Atlantic
and he hereby is authorized to prepare 3. National Fuel
plans, specifications and advertise for seated 4. Adelphia Cable
proposals for the Repair to City Pavements - 5. T.C.I. of New York
1998/1999, Group #463. Funds for this project are The Riverwalk also crosses Parcel 11, and therefore, we also
available in Capital Projects Fund wrote to Erie County Parks Commissioner James J. Jankowiak
#202-401-003-00-000. to advise him of the proposed easement.
The Department of Public Works has also received the
Passed. attached copy of the proposed detour route and signage details
for our review. The detour route and signage is presently being
PASSED. reviewed by our Traffic Engineer.
AYES-13. NOES-0. As stated by the representative of DeLeuw Cather & Company,
Consulting Engineers, the construction within Parcel 11 is
NO.38 tentatively scheduled for the period between October 1999 to
PERMISSIONTOENGAGECONSULTANT April of 2000.
RECONSTRUCTIONOFTHETIMOTHYBURVID Also, it was stated at the Finance Committee that all cost for
ICERINK the construction and maintenance of the detour would be
I respectfully request Your Honorable Body's permission to covered in the basic bids for the bridge project and would be at
engage an Architectural/ Engineering Consultant to prepare no cost to the City. This would include signage and pavement
plans, specifications, advertise and receive proposals for the striping. This is common practice. The consulting engineer
Reconstruction of the Timothy Burvid Ice Rink as funded in the will confirm this in writing under separate cover.
1998/99 Capital Budget. The question was asked as to "what provisions will be made
Funds for this work are be available in CPF 202-402-013. on the new bridge for telecommunication conduits?" We have
Mrs. LoTempio moved: been advised by the consultant engineers that the new bridge
No.38 will be constructed with a cable tray for a telecommunication
Mrs. Lotempio moved: conduit system; however, there are no utility companies
currently under contract to use these facilities. We have also
That the above communication from the been supplied with the attached list of carriers presently using
Commissioner of Public Works dated the conduit facilities on the existing bridge.
September 17, 1998 be received and filed; and The form of all easement agreements will be, of course, in a
form acceptable to the City of Buffalo Law Department.
That the Commissioner of Public Works be, REFERRED TO THE COMMITTEE ON FINANCE
and he hereby is authorized to engage
an Architectural/Engineering Consultant to prepare FROMTHEDEPARTMENTOFPUBLICWORKS
plans, specifications and advertise for
sealed proposals for the Reconstruction of the NO.43
Timothy Burvid Ice Rink as funded in the CERTIFICATEOFAPPOINTMENT
1998/1999Capita lBudget,not to exceed Appointment Effective: September 14, 1998 in the
$100,000.00. Funds for this project are available in CPF 202-Department of Public Works Division of Water to the Position
402-013. of Teller Provisional Appointment at the: Maximum Starting
PASSED. Salary of: $ 27,136
AYES-13. NOES-0. Sandra McGowan 3 Oneida Street Buffalo, 14206
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
NO.41
WATERSYSTEM
5YEARCAPITALIMPROVEMENTPROGRAM FROMTHECOMMISSIONEROFPOLICE
The attached is the planned Capital Improvements to the water
facilities for the next five years. It is being submitted to your NO.44
Honorable Body for your consideration. The Five Year Plan CHECKRECEIVED
has been approved by the Water Board at their September 9, ITEMNO.104,C.C.P.2/2/88
1998 meeting. 8155-00108159 C2-98-0071 $ 3,772.20
REFERRED TO THE COMMITTEE ON FINANCE AND TOTAL DEPOSIT $ 3,772.20
AMERICAN ANGLICAN. The above referenced property has been administratively
forfeited by the Drug Enforcement Administration. (DEA). The
NO.42 checks were received by this Department and duly deposited in
EASEMENTS-PEACEBRIDGE the Trust & Agency Account, #610-200-217-00-300.
At the Finance Committee meeting of September 15, 1998, RECEIVED AND FILED
the Department of Public Works was directed to prepare and
submit a report in regard to our communication concerning the FROMTHECORPORATIONCOUNSEL
granting by the City of Buffalo of the two (2) permanent
easements requested by the Buffalo and Fort Erie Pubic Bridge NO.49
Authority for the construction of the proposed twin bridge span. REVIEWOFAPPOINTMENTSAND
Parcel 6 will be a permanent easement that would allow for REAPPOINTMENTSFORMAYOR'S
the construction of the proposed bridge span over City owned COMMITTEEFORPERSONSWITH
land which contains the service road to the Massachusetts DISABILITIES
Avenue Water Pumping Station. This easement is essentially C.C.P.,9/8/98,NO.2
for air rights and would not affect any existing overhead or The Corporation Counsel conferred with the Division of
underground utilities. Collections and reports (as verified by that Division as of
Parcel 11 will be a permanent easement that falls within the September 15, 1998) that the following reappointees and
right-of-way of the former park road known as Sheridan appointees have no outstanding debts to the City:
Nancy Siegel Management Board has no outstanding debts to the City:
James Lembeck James E. Hornung
Virginia Williams RECEIVED AND FILED
Madonna Priore
Kathleen Hoffinan NO.57
Jack Farrell REVIEWOFNOMINEESFOR
Joseph Schmid BOARDOFETHICS
Susan Kahaly C.C.P.,9/8/98,NO.10
Gerald J. Caci The Corporation Counsel conferred with the Division of
RECEIVED AND FILED Collections and reports (as verified by that Division as of
September 15, 1998) that the following nominees for the Board
NO.50 of Ethics have no outstanding debts to the City:
REVIEWOFNOMINEESFOR Richard T. Sullivan, Esq.
EMERGENCYMEDICALSERVICESBOARD Olga Mendell, Ph.D.
C.C.P.,9/8/98,NO.3 RECEIVED AND FILED
The Corporation Counsel conferred with the Division of
Collections and reports (as verified by that Division as of
September 15, 1998) that the following nominees for the NO.60
Emergency Medical Services Board have no outstanding debts OAKSTREETREDEVELOPMENTPROJECTNYR-197
to the City: APPROVALOFCONTRACTFORSALEOFLAND
Dr. C. Richard Braen ZAEPFELDEVELOPERNENTCOMPANY
Michael V. Walters Attached herewith is a Contract For Sale of Land by and
RECEIVED AND FILED between the City of Buffalo Urban Renewal Agency and
Zaepfel Development Company. It is now necessary for Your
Honorable Body to set a date for a public hearing, and to direct
NO.51
the publication of a notice of said hearing. In the interest of
REVIEWOFNOMINEEFOR
time and anticipating that Your Honorable Body is willing to
BUFFALOURBANRENEWALAGENCY
expedite this matter, I have taken the liberty to prepare a
C.C.P.,9/8/98,NO.4
Resolution together with a Notice of Public Hearing for your
The Corporation Counsel conferred with the Division of
action.
Collections and reports (as verified by that Division as of
Forwarded herewith are the following documents:
September 15, 1998) that the following nominee for the Buffalo
1. Resolution setting Public Hearing
Urban Renewal Agency has no outstanding debts to the City:
2. Notice of Public Hearing
Virginia C. Purcell
3.Resolution approving proposed Land Disposition
RECEIVED AND FILED
Agreement
4. Proposed Land Disposition Agreement
NO.52
After the Public Hearing is held, Your Honorable Body may
REVIEWOFNOMINEESFOR
adopt a Resolution authorizing the mayor to execute the
BUFFALOARTSCOMMISSION
necessary documents for the disposition of the land to Zaepfel
C.C.P.,9/8/98,NO.5
Development Company.
The Corporation Counsel conferred with the Division of
REFERRED TO THE COMMITTEE ON COMMUNITY
Collections and reports (as verified by that Division as of
DEVELOPMENT
September 15, 1998) that the following nominees for the
Buffalo Arts Commission have no outstanding debts to the City:
NO.61
Judy C. Beecher
DOWNTOWNENTERTAINMENT
Joseph G. Giambra
DISTRICTPHASEIURBANRENEWAL
RECEIVED AND FILED
AREA
APPROVALOFDEEDFORSALEOFLAND
NO.53
279FRANKLINSTREET
REVIEWOFNOMINEESFOR
Attached for your review and approval is a Quitclaim Deed
BUFFALOSEWERAUTHORITY
transferring the property known as 279 Franklin Street from the
C.C.P.,9/8/98,NO.6
City of Buffalo Urban Renewal Agency to Skydeck Corporation.
The Corporation Counsel conferred with the Division of
279 Franklin Street is a vacant parking lot and will continue to
Collections and reports (as verified by that Division as of
be used as a parking lot. Skydeck Corporation is in the
September 15, 1998) that the following nominees for the
process of developing a substantial number of projects in
Buffalo Sewer Authority have no outstanding debts to the City:
Buffalo's theatre district. The Brownstone Bistro, a full service
Rt. Rev. Msgr. John R. Gabalski
food and beverage restaurant, will cater to the needs of theatre
Herbert L. Bellamy, Jr.
goers. This property, located at 297 Franklin Street, was an old
RECEIVED AND FILED
abandoned apartment building. These projects substantiate
the need for off-street parking in the area.
NO.54
The Agency has determined that the proposed Quitclaim
REVIEWOFNOMINEEFOR
Deed negotiated by the Agency and the Redeveloper is
CITYPLANNINGBOARD
satisfactory. We are therefore requesting Your Honorable
C.C.P.,9/8/98,NO.7
Body's permission to transfer 279 Franklin Street to Skydeck
The Corporation Counsel conferred with the Division of
Corporation.
Collections and reports (as verified by that Division as of
REFERRED TO THE COMMITTEE ON COMMUNITY
September 15, 1998) that the following nominee for the City
DEVELOPMENT
Planning Board has no outstanding debts to the City:
Henry L. Bums
NO.64
RECEIVED AND FILED
SOUTHELLICOTTURA-PHASEII
NO.55
221-225SENECASTREET
REVIEWOFNONFINEEFOR
REQUESTTOTRANSFERTOBNRC
BUFFALOWATERBOARD
In an effort to assist the Buffalo Neighborhood Revitalization
C.C.P.,9/8/98,NO.8
Corp. In assembling land in the Home Zone Area, BURA has
The Corporation Counsel conferred with the Division of
been asked to transfer title of the above parcel to BNRC in
Collections and reports (as verified by that Division as of
order for them to complete a trade of several parcels between
September 15, 1998) that the following nominee for the Buffalo
BNRC and James Sandoro. Mr. Sandoro currently owns
Water Board has no outstanding debts to the City:
several properties in the Home Zone that are needed by BNRC
Charles L. McGriff
and BNRC owns parcels that no longer have an active project
RECEIVED AND FILED
for new housing. They will do a trade so that each party has
parcels that are necessary for their individual development
NO.56
plans.
REVIEWOFNOMINEEFOR
A copy of a map with the subject area outlined along with a
PESTMANAGEMENTBOARD
copy of a Quitclaim Deed is attached for your review.
C.C.P.,9/8/98,NO.9
We, therefore, respectfully request Your Honorable Body to
The Corporation Counsel conferred with the Division of
approve the transfer of title from BURA to the City of Buffalo for
Collections and reports (as verified by that Division as of
the sum of Ten Thousand Dollars ($10,000.00) and no more
September 15, 1998) that the following nominee for the Pest
which is based on an appraisal completed by Howard Schultz, The results of our negotiations is that Mr. Eugene Lemon has
MAI. agreed and is prepared to pay Six Hundred Dollars ($600),
REFERRED TO THE COMMITTEE ON COMMUNITY which is Seventeen Cents (.17) a square foot, for this parcel.
DEVELOPMENT He has also agreed to pay for the cost of the appraisal, transfer
tax, recording fee's and cost of the legal description.
NO.64 I am recommending that Your Honorable Body approve the
HOMEFUNDS sale of 55 Reed Street to Mr. Eugene Lemon in the amount of
121ARDEN Six Hundred Dollars ($600). I am further recommending that
I am respectfully requesting your approval for a total of the Corporation Counsel prepare the necessary documents for
$21,500.00 of HOME funds to assist in the rehabilitation of this the transfer of title and that the Mayor be authorized to execute
2 unit apartment building. The apartments will be rented to the same.
low-mod income tenants. The loan terms will be 4% for 15 REFERRED TO THE COMMITTEE ON FINANCE
years. The monthly payment will be $159.03.
The owner, Mr. Rodney Richardson, is a BURA NO.70
Boardmember and the appropriate paperwork for a conflict of TRANSFEROFTITLE,URBANHOMESTEADPROGRAM
interest exemption has been filed with the City Clerk's office 17ZENNER(CITYOWNED-VACANTLOT,DIMENSIONS
and the local HUD office. 30'X93')
OWNER The Department of Community Development has surveyed
Mr. Rodney Richardson the city-owned vacant lot at 17 Zenner Street, Buffalo, New
688 Crescent Avenue York 1421 1, parcel is 30' x 93' in dimension; and it has been
Buffalo, New York, 14216 determined that this parcel is inappropriate for either the
The property is on Arden, between Suffolk and Newburgh. construction of new housing or needed for public purposes.
There are two units in this project. The property is located Mrs. Fannie Wheeler residing at 23 Zenner Street indicated
within two blocks of the Bailey Avenue Neighborhood that he will clean, improves and maintains the lot in the event
Commercial Strip Development, as defined in the City of that he obtains title to the property under the Urban Homestead
Buffalo's 1996-97 Consolidated Plan. Program.
The developers have met all criteria outlined; i.e. current City The Division of Inspections and Division of Collections have
tax, County tax, and water bills; before-after appraisals; copy of been contacted. There are no property code violations, taxes or
mortgage/deed; contractor's work write-up; H.O.M.E. Rental other liens owed to the City of Buffalo by the homesteader.
Rehab application. We, therefore, recommend that the city-owned vacant lot to
REFERRED TO THE COMMITTEE ON COMMUNITY be designated as a Homestead Property and be transferred to
DEVELOPMENT Mrs. Fannie Wheeler on the condition that the property is
cleared and improved within (6) months and maintained in a
NO.67 sanitary manner.
4PROVIDENCESTREET REFERRED TO THE COMMITTEE ON COMMUNITY
LOTSIZE:30’X100’ DEVELOPMENT
PORTIONOFFORMERPROVIDENCESTREET
LOTSIZE:25’X30’ NO.72
The Department of Community Development, Division of In-RESPONSE
Rem Properties, has received a request to acquire the above MRS.JANICEMOORE-276MASTENAVENUE
mentioned properties from Mr. William Borowski and Mrs. B.GRAY-276MASTEN-BREACHOFCONTRACT(#90
Maryann Borowski, of 40 Folger Street, Buffalo, New York. C.C.P.7/7/98)
The two parcels consist of 4 Providence, a 30’ x 100’ Robert Katilus, Pat Panaro, Jim Kleinsmith went to 276
landlocked parcel of the former Providence Street subdivision, Masten, Mrs. Janice Moore would not let them in for Inspection,
and a 25’ x 30’ landlocked portion of Providence Street, which she claimed that all items were taken care of. However, they
was abandoned by the City, Item #160, C.C.P. 11/15/83. The were able to see that the work was not done.
parcels are adjacent to the Borowski's home. REFERRED TO THE COMMITTEE ON COMMUNITY
The Department of Community Development and the Division DEVELOPMENT
of Collections have been contacted and have no objection to
the sale. There are no building code violations, taxes or other NO.74
liens owed to the City of Buffalo by the purchaser. CERTIFICATEOFAPPOINTMENT
Mr. and Mrs. Borowski have offered Five Hundred Dollars Appointment Effective: 9/8/98 in the Department of Community
($500) for the two parcels. This represents approximately Development Division of Development .to the Position of
Thirteen Cents (.13) a square foot for the parcels. Sales price Project Manager Permanent Appointment (41A)
for similar parcels range from Ten Cents (.10) a square foot to at the Intermediate (Step 2) Starting Salary of. $36,309
Fifteen Cents (.15) a square foot. They have also agreed to Francisco Guzman, 259 Abby Street,Bflo, New York 14220
pay for the cost of transfer tax, recording fees and legal REFERRED TO THE COMMITTEE ON CIVIL SERVICE
description.
I am recommending that Your Honorable Body approve the
sale of 4 Providence Street and a 25’ x 30’ portion of the former NO.75
street to Mr. William and Mrs. Maryann Borowski in the amount CERTIFICATEOFAPPOINTMENT
of Five Hundred Dollars ($500). I am further recommending Appointment Effective September 8,1998 in the Department
that the Corporation Counsel prepare the necessary of Division of Street Sanitation to the Position of Equipment
documents for the transfer of title and that the Mayor be Operator provisional appointment at the maximum Starting
authorized to execute the same. Salary of $28,425
REFERRED TO THE COMMITTEE ON FINANCE Steven Iraci 45 Tacoma Avenue Buffalo, New York 14216
James Ralph, 578 Plymouth Ave, Bflo, NY 14213
NO.69 William Yohn, 6672 Presott Dr., Derby, NY 14047
RESULTSOFNEGOTIATIONS REFERRED TO THE COMMITTEE ON CIVIL SERVICE
55REED,520.401NBROADWY
VACANTLOT:30’X115’ NO.76
ASSESSEDVALUATION:$1,500 ERIEBASINMARINA-GROSSREVENUE-MAY1998
The Department of Community Development, Division of In-#73,C.C.P.9/8/98;#74,C.C.P.9/8/98
Rem Properties, has received a request from Mr. Eugene #75,C.C.P.9/8/98
Lemon, 51 Reed Street, Buffalo, New York 14212, to purchase I have reviewed the three reports of the Erie Basin Marina -
the above captioned vacant lot. Mr. Lemon intends to use the Gross Revenues for May 98, June 98 and July 98. These
property for additional yard space. reports are gross revenues and do not reflect expenses for
The Department of Community Development and the Division these operations.
of Collections have no objection to the sale. There are no They were prepared and submitted to the Council to satisfy a
building code violations, taxes or other liens owed to the City of contractual requirement. In addition, the contractual agreement
Buffalo by the purchaser. also sets parameters for what revenue is remitted to the city.
An independent appraisal of the property was conducted by This would be the amount recorded by our Accounting Division.
Robert E. Jones, Jones Real Estate Appraisal & Financial Also, please be advised that there may be a time lag between
Service, Inc., 1325 Kensington Avenue, Buffalo, New York these reports and the actual deposit date on the city's books.
14215. He has estimated the value of the parcel to be Five In short, there is not a direct correlation between these reports
Hundred Dollars ($500), Fourteen Dollars and Fifty Cents and the revenue recorded by the City of theses same periods.
($14.50) a square foot. The City realized $555,7000 in net revenue for Marina
operations in FY 1997-98. Net revenue for the months in passed the attached resolution on vocational education at their
question was: regularly scheduled meeting of September 9, 1998.
May 1998 $26,395 The Board Members felt it was very important that your office
June 1998 $11,704 receive a copy of the resolution.
July 1998 $29,021 REFERRED TO THE COMMITTEE ON EDUCATION
I trust this answers your questions.
REFERRED TO THE TASK FORCE ON ERIE BASIN NO.86
MARINA. POWERCHOICE
The Buffalo Sewer Authority met several times with Niagara
NO.77 Mohawk regarding the options that are available through Power
AUDIT-COMM.DEV.-LICENSES Choice. At this time, no final decision has been made. We
CCP#19,9/8/98 have until September 21, 1998 to make a decision on which
I have reviewed the Comptroller's audit and in general am purchase option for electricity appears to be the best for the
supportive of all of its recommendations. I will make sure that Buffalo Sewer Authority.
the Division of Treasury works with the Division of Licenses-As you may be aware, the cost of Electricity Supply Service
under the leadership of Data Processing-to develop a more (ESS), the power component, is only a small component
immediate and safer means of depositing fees daily. charge under Power Choice. The transmission charge,
I trust this answers your questions. distribution charge, customer connect charge and CTC
REFERRED TO THE COMMITTEE ON FINANCE (standard costs) will be a fixed charge per KWH regardless of
where the energy is purchased. Also, the additional charges
will all be based on the demand usage and the number of hours
that are on and off peak.
NO.78 To see if the combined purchasing of power may be beneficial
CITYWIDEDEPARTMENTDEPOSITS" to all, it would be necessary to have a load profile for each
CCP#189/8/98 entity that wants to join it. If you could provide a load profile for
I am in support of the policy, as stated, of depositing all the City and a contact person who is knowledgeable in the City
receipts on a daily basis in the Treasury. As you know, the usage pattern, then we could take a preliminary look to see how
Treasury has a similar policy of depositing all of its receipts a combined purchase may work out.
daily-into the bank--as well. REFERRED TO THE SPECIAL COMMITTEE ON
As far as the need to amend the Charter, I would defer to the MUNICIPALIZATION.
advice of Corporation Counsel.
I trust this answers your questions. NO.87
REFERRED TO THE COMMITTEE ON FINANCE LIQUORLICENSEAPPLICATIONS
Attached hereto are communications from persons applying
NO.81 for liquor licenses from the Erie County Alcohol Beverage
CERTIFICATEOFAPPOINTMENT Control Board.
Appointment Effective: Aug 21, 1998 in the Department of Address Business Name Owner's Name
General Services, Division of Inventory & Stores to the Position 561 Forest Avenue Capricorn, Inc. no name given
of Supt. Auto Supplies, Permanent Appointment at the 1334 Broadway Club Romway P. Niliszewski
maximum Starting Salary of $33,341 REFERRED TO THE COMMITTEE ON LEGISLATION AND
David Lawler, 1042 Abbott Rd, Buffalo, NY 14220 CORPORATION COUNSEL.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO.89
REPORTSOFATTENDANCE
NO.83 I transmit herewith communications received by me, from the
INVEST.ALLEGATIONS-IMPROPERTRAININGPOLICE various boards, commissions, agencies and authorities
RECRUITS reporting the membership attendance at their respective
RES.#279CCP9-8-98 meetings:Buffalo Sewer AuthorityRECEIVED AND FILED.
The Civil Service Commission is in receipt of your
communication relative to the above matter. NO.90
This matter is not within the Commission's jurisdiction. Please CERTIFICATEOFAPPOINTMENT
be advised that you will have to contact the Erie County Police Appointment Effective: September 14, 1998, in the
Services Training Academy relative to the incidents alleged. Department of Common Council, to the Position of Intern VI,
REFERRED TO THE POLICE Seasonal Non-Competitive at the Flat Starting Salary of: $10.00
REORGANIZATION/OVERSIGHT COMMITTEE. per hr.Tracey M. McNerney, 6 Norman Ave, Buffalo, NY 14210
Appointment Effective September 8, 1998, in the Department
NO.84 of Common Council to the Position of Intern IV, Seasonal Non-
UPCOMINGPOLICEOFFICEREXAMINATION Competitive, at the Flat Starting Salary of $6.00 per hr.Gail
ITEM#156CCP9-8-98 Prange, 428 Taunton Pl, Buffalo, NY 14216
Relative to your communication of September 10, 1998, ADOPT.
please be advised of the following information:
1. The Civil Service Commission cannot estimate how much NO.91NOTICESOFAPPOINTMENTS-SEASONAL/FLAT
money they will raise for this examination. This information is I transmit herewith certificates received by me, reporting
based on how many individuals applied to take the examination seasonal and flat salary appointments made in various
at the end of the final filing date. The last Police Officer had departments.RECEIVED AND FILED.
5,000 applicants. However, approximately 3,700 of those Appointment Effective: September 21, 1998, Department of
applicants actually took the exam. Administration and Finance, Division of Parking Enforcement to
The Civil Service Commission raised the application fee the Position of Laborer I, Seasonal Non-Competitive at the: Flat
2.
Starting Salary of: $6.22
because this exam will be a great expense for the City of
Donald R. Palmer, 31 Philadelphia St., Buffalo 14207
Buffalo. As was discussed at the Council meeting on
Daniel D. Tadusz, 1160 Hertel Avenue, Buffalo 14216
September IS, 1998, we have to pay a fee to the consultant, in
Appointment Effective: September 21, 1998, in the
addition to some of the following expenses: printing of
Department of Administration and Finance, Division of Parking
applications, announcements and receipt cards; rental of the
Enforcement to the Position of Laborer I, Seasonal Non-
Convention Center, monitors for written and oral portions of the
Competitive at the: Flat Starting Salary of: $6.22
exam, preparation of tutorial material; Hogan personality test.
Loretta Matthewson, 454 Breckenridge, Buffalo 14213
3. The Civil Service Commission thought they had the
Appointment Effective September 14, 1998 in the Department
capability to raise fees for examinations. However, they later
of Human Services, Division of Recreation to the Position of
found out that this is not in the Commission's jurisdiction.
Laborer II, Seasonal Non-Competitive at the flat Starting Salary
4. Fee waivers are accepted for persons on public assistance,
of $6.92
for persons who receive social security insurance, and for
Vincent McCarthy, 274 Hartwell, Buffalo 14216
persons who are unemployed. Employees of the City of Buffalo
Appointment Effective September 15, 1998 in the
who are in Local 65O can also obtain fee waivers from their
Department of Human Services, Division of Recreation to the
union officials.
Position of Fee Collector, Seasonal non-competitive at the Flat
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
Starting Salary of $5.15
Rafael Ramos, 200 Condon, Buffalo 14207
NO.85
William Stevenson, 123 Laird Avenue, Bufalo 14207
VOCATIONALEDUCATION
Appointment Effective September 10, 1998 in the
The Buffalo Board of Education Members unanimously
Department of Human Services, Division of Recreation to.the Starting Salary of: $62,022
Position of Refrigeration Plant Engineer, Seasonal Non-David J. State, 43 Edgewood, Buffalo, NY 14220
Competitive, at .the flat Starting Salary of $6.92 Appointment Effective: September 7, 1998, in the
Raymond Boyer, 435 East, Buffalo 14207 Department of Administration and Finance, Division of Parking
Walter Burshtnyski, 126 Bird, Buffalo 14213 Enforcement, Temporary Appointment, at the: Minimum
Howard Melcher Jr, 210 Riverside, Buffalo 14207 Starting Salary of: $23,028
Encil Palmer, 202 Vermont, Buffalo 14213 Nicole L. Bongiovanni, 410 Dearborn Street, Buffalo 14207
Joseph Trillizio, 108 Laird, Buffalo 14207 Appointment Effective September 15,1998 in the
AMMENDED Department of Street Sanitation, to the Position of Dog Control
Appointment Effective September 9, 1998 to the Department Officer, Permanent Appointment at the Minimum Starting
of Human Services, Division of Senior Citizens to the Position Salary of $23,622.
of Senior Citizen, Seasonal Non-Competitive at; the Minimum Mario R. LoTempio, 229 Villa Ave., Buffalo, New York 14220
Starting Salary of 6.92 per hr Appointment Effective September 15, 1998, in the Department
Betty Pieri, 90 Virgil Avenue, Buffalo, New York 14216 of Street Sanitation, to the Position of Laborer II Hrly,
Appointment Effective, September 8, 1998, in the permanent Appointment, at the Minimum Starting Salary of
Department of Assessment, Seasonal Non-Competitive at the: $21,819
Flat Starting Salary of $5.20 / Hr. Diane M. Banyi, 22 Elgas Street, Buffalo, New York 14207
Patricia S. Boyer, 67 Good Avenue, BuffaIo, NY 14220 Appointment Effective: September 14, 1998, in the
Department of Human Services, Parks & Recreation, Division
of Youth, to the Position of Case Manager, Permanent
Appointment, at the: Minimum Starting Salary of: $ $25,920,
Mary M. Tomporowski, 727 Abbott Road, Buffalo, 14220
Appointment Effective: September 15, 1998, in the
Department of Human Services, Parks & Recreation
NO.92 Division of Youth, to the Position of Senior Account Clerk
APPOINTMENTS-TEMPORARY,PROVISIONALORTypist Provisional Appointment, at the: Minimum, Starting
PERMANENT Salary of: $ 23,397
I transmit herewith Appointments in the various departments Paula Loman, 96 St. Marys Road, Buffalo, 14211
made at the Minimum (Temporary, Provisional or Permanent) Appointment Effective: Semptember 14, 1998, in the
and for Appointments at the Maximum (as per contract Department of Human Services, Parks & Recreation, Division
requirements) . of Youth, to the Position of Typist Permanent Appointment at
REFERRED TO THE COMMITTEE ON CIVIL SERVICE. the: Minimum Starting Salary of: $ 21,917
Charmaine Fagan, 79 Richlawn Avenue,,Buffalo, 14215
Appointment effective September 21, 1998 in the Department
of Audit & Control, Division of Data Processing to the position NO.93
of Coordinator of Office Automation, Temporary Appointment at MINUTES-9/10&9/17/98
the first step of $31,008. Attached please find minutes from 9/10/98 & 9/17/98 from
Mary Bartolotta, 52 Kimberly Avenue, Buffalo, NY 14220 the Buffalo Charter Revision Commission.
Appointment Effective: September 14, 1998, in the REFERRED TO THE COMMITTEE ON LEGISLATION.
Department of Public Works, Division of Water to the Position
of Account Clerk-Typist, Provisional Appointment at the: NO.94
Minimum Starting Salary of: $ 22,883 A.COPPOLA
Vivian Rodriquez, 199 Prospect Avenue Buffalo, 14201 ELECTRICRATES
Appointment Effective: September 8, 1998 in the Department This letter is in response to your letter of July 30, 1998 to my
of. Police, to the Position of: Public Safety Dispatcher, colleagues and myself. I do not intend to engage in a verbal or
Contingent Permanent Appointment at the: Minimum Starting written communicative battle but I feel that it Is critical that all
Salary of: $ 25,146 the facts be known. Therefore I must address the points made
Jill E. White, 15 Wex Avenue, Buffalo, New York 14210 in your letter.
Appointment Effective: September 8, 1998 in the The July 17 Kiplinger Newsletter. I agree that factors other
Department of. Police, to the Position of: Report Technician, than high electric rates contribute to Buffalo's economic woes.
Contingent Permanent Appointment, at the Minimum Starting However, high electric rates are a major contributor to those
Salary of $ 23,705 problems and electric rates are one of those problems, the
Michele M. Parks, 31 Marine Drive #6D, Buffalo, NY, 14202 major problem, which -we have some control of. For years we
Andrea L. Meegan, 60 Ramona Ave., Buffalo NY 14220 citizens of Buffalo have patiently and passively stood back and
Josephine Cutolo, 462 W. Delavan Ave., Buffalo NY 14213 listened to you and others who stated that your initiatives would
Laurie Piazza, 499 Crescent Ave, Buffalo, NY 14214 result in lower electric rates and thus fuel the starving Buffalo
Susan A. Tinti, 177 Breckenridge, Buffalo, NY 14213 economy. Your initiatives, such as PowerChoice, economic
Appointment Effective September 8, 1998 in the Department development zone rates and Replacement Power have done
of: Police, to the Position of: Public Safety Dispatcher, little or nothing to stimulate Buffalo's economic growth. We still
Contingent Permanent Appointment at the: Minimum Starting pay among the highest rates in the country and those high
Salary of: $ 25,146 rates (55% above the national average) contribute in a very
Sharon A. Welsh, 97 Pomona Place, Buffalo, NY 14210 significant way to Buffalo's economic depression.
Appointment Effective August 17, 1998 in the Department You state in your letter that you and NIMo "remain committed
of: Police, to the Position of Chief of Patrol Exempt Non-to a collaborative partnership with Buffalo..." Evidence shows
Competitive at the Flat Starting Salary of. $ 73,915 that not to be the case. Recently, the city requested several
Mark E. Blankenberg, 758 Robin Rd, Amherst, N.Y. 14228 items from NiMo; in each case the request was denied by
Appointment Effective September 14, 1998 In the department NiMo.
of Fire, to the position of Fire Lieutenant Permanent Promotion "Junk Bonds." You present several arguments, other than
at the flat Starting Salary of $49,769 NiMo mismanagement for reasons for NiMo's high electric
Frank Lucca, 416 North Forest, Williamsville, 14221 rates. You insinuate that high rates are the result of the
Appointment Effective September 14, 1998 In the government's mistake, not Niagara Mohawks. As I have stated
Department of Fire, to the Position of Fire Lieutenant, on several occasions, who's to blame is not important- there is
Permanent Contingent Promotion at the flat Starting Salary of plenty of blame to go around. No matter who is to blame, the
$49,769 fact remains that electric rates are high. The highest in the
Bernard Garrasi, 94 N. Lane, Angola, 14006 country and it looks like are rates will remain high, again or still,
Appointment Effective September 14, 1998 In the the highest in the country. Your strategy, as espoused by
Department of Fire, To the position of Fire Lieutenant, PowerChoice, results in the continuation of high electric rates
Permanent Contingent, Promotion, at the flat Starting Salary of which severely damage the Buffalo economy. You state that
$49,769 NIMO has "used a market based solution-- without any
Robert Gee, 165 Bloomfield, Buffalo, 14220 government bailout -to resolve a government created problem."
Appointment Effective September 14, 1998, In the PowerChoice is not a market based solution; rather it is a
Department of Fire, Permanent Promotion at the flat Starting government (PSC) approved program which guarantees a
Salary of $49,769 monopoly to NiMo. There is no solution, at least to high electric
Gamell Smith, 9286 Pine Breeze, Clarence, 14032 rates; it is a continuation of the status quo. No matter what is
Appointment Effective: 9/7/98 In the Department of Law, To said, PowerChoice does not offer any meaningful savings in
the Position of Deputy Corporation Counsel, Non-Competitive, electric rates to the average Buffalo citizen.
Exempt Non-Competitive - Exempt at the: minimum/Flat Replacement Power. I agree with your description and
assessment of the replacement power issue. However, you fail the temporary detour of the Riverwalk as outlined in the
to state that such replacement power must be allocated and communication of the Department of Public Works to the
sold to customers within 30 miles distance to the Niagara Common Council dated today.
project. NiMo has to sell that power to industrial customers in 2. Attached are copies of the correspondence between
the Buffalo area or not at all. the Authority's traffic consultants and the City of Buffalo and
Cheap electricity. In spite of the rhetoric, we remain the County of Erie regarding the temporary detour of the
frustrated that we sit astride one of the most valuable and Riverwalk. As you can see, neither the City nor the County
economical power resources in the world and derive little or no administrations had any objection to this temporary detour.
benefit from it. 3. The Authority has no contracts at this time with any
Rates in Buffalo are 55% above the national average. This party regarding the placing of utility or telecommunication
fact cannot be disputed. Again, the reasons are not important; transmission lines along the new span.
what is going to be done about the high rates is important. 4. Other than the temporary detour of the Riverwalk, a
NiMo management has demonstrated that it is either incapable temporary closure/detour of the Thruway ramps leading off of
or unable to do anything about high electric rates. The fact Niagara Street, and temporary closure/detour of the Thruway
remains that with NiMo's strategy, to include the underneath the twin span for steel erection, there is not
implementation of PowerChoice, our electric rates will still be anticipated to be any other disruptions of traffic along public
55% above the national average! rights-of-way in the United States during construction of the
Your argument that since all state utilities have high rates, it twin span. Other than rebuilding the Riverwalk, no City streets
is implausible that management failure could be the cause of or sidewalks will be excavated in connection with this
high rates is irrelevant. High rates by all New York State construction.
Investor owned utilities do not justify those high rates. It is 5. The easements which the Authority needs from the
relevant to note that New York State municipal utility rates are City would be permanent easements as described in the recent
the lowest in the country and are about 1/3 of NiMo's rates. communications from the Department of Public Works to the
Again, the issue is - What are electric rates and what is going Common Council.
to be done about them? We have previously provided you with the Authority's state
Executive bonuses. Executive salaries need not be legislation as per your request.
controversial and contentious. Everyone should be paid a fair Please call us if you require any further information. We will
wage commensurate with performance. You state that NiMo be at the Common Council meeting on September 22, 1998 to
has instituted a pay-for-performance program that ties answer any other questions or concerns which you and your
management compensation more closely to results achieved colleagues may have regarding this critically important public
and that customers benefit from these results. I fail to see how project.
NiMo executives can be given a $14 million bonus when the REFERRED TO THE COMMITTEE ON FINANCE
electric rates are among the highest in the country and
shareholders have not been given a dividend for two years. I
fail to see how these results justify the compensation given. I NO.100
further fail to see the relevance of what compensation is paid to MEDICALCOVERAGEOFRETIREE
Western Resources executives; that is a matter for their My name is Ronald J. Martin and my social security number
stockholders and the citizens of Kansas to be concerned is 056-30-5597. For thirty-six and one-half years I was
about. Furthermore, I understand that Western Resources employed by the City Of Buffalo, New York, until my retirement
executives have achieved electric rates which are comparable in September of 1994.
to the national average, not 55% above it. As you may be aware, in the Agreement between the City of
In addition to poor performance, which has resulted in high Buffalo, New York and Local 650, American Federation of
rates, I am also disappointed in the process. The bonuses State, County and Municipal Employees, AFL-CIO, for the
mentioned above, were given after the approval of period ending June 30, 1995, Article VI - Health and Life
PowerChoice. One can not help but question the timing of Insurance, Section 6.3 - Medical Insurance Upon Retirement,
such action; if the management performance truly justified states in part:
such bonuses, the bonuses should have been announced "Without any cost to them, all members of the bargaining
before PowerChoice. unit shall receive upon retirement, until death, the plan in effect
Again, communicative battle, which only addresses half at the last day of service to the City," (copy enclosed)
truths or convenient facts, serves no purpose. The discussion I also have a letter of agreement from the then Director of
needs to concentrate on Labor Relations of the City Of Buffalo, Daniel Farberman,
THE ISSUE - wbat is going to be
setting forth these same contractual conditions regarding
done about high electric rates?
"Medical Coverage Upon Retirement. (copy enclosed)
REFERRED TO THE SPECIAL COMMITTEE ON
It has recently come to my attention that in the current
MUNICIPALICATION
coverage from Blue Cross and Blue Shield of Western New
York, Inc., dated 7/1/98, a portion of my coverage has been
NO.97
changed. The Major Medical Rider covers no drugs.
PROPOSEDNEWZOOANDAQUARIUM
Specifically, the co-pay part of one's drug prescription costs
CCP#102-9/8/98
may no longer be submitted to Major Medical for an eighty
This letter is in response to your inquiry of September 10,
percent reimbursement.
1998 regarding the proposed Zoo and Aquarium. As of this
This unilateral change is not acceptable to me and I hereby
date no public funds of any kind from the federal, state, county
request that my former coverage, as called for by my contract
or city levels of government have been committed to this
with the City of Buffalo, be reinstated, or a coverage of mutual
project:
acceptance be negotiated by both parties.
To date, more than $100,000 have been received from
If you have any questions, please contact me at the above
Private sources, as well as a specific pledge from the TOY
address, or you may telephone me at area code 716 - 437-
Town USA Museum, of East Aurora to generate as much as
5169. Thank you for your attention to this matter.
$220,000 in support of the new Zoo and Aquarium over the
REFERRED TO THE COMMITTEE ON CIVIL SERVICE,
next 4-5 years.
CORPORATION COUNSEL AND COMMISSIONER OF
Very soon the Board of Directors of the Zoological Society of
ADMINISTRATION AND FINANCE.
Buffalo will choose a future direction for this regional institution.
We are hopeful that all the members of the Common Council
will be our strong partners in an effort to preserve a family
experience, protect nature and build Buffalo.
NO.102
REFERRED TO THE COMMITTEE ON FINANCE
L.RENFORD
PROCEDURESTOSAFEQUARD
NO.98
VICTIMSOFCRIME
KAVINOKY&COOK
We were contacted, September 14, 1998 in regards to Mr.
BUFFALOANDFT.ERIEPUBLICBRIDGEAUTHORITY
Donovan Morris, who on September 3, 1998 was shot eight
CITYEASEMENTSFORTWINSPAN
times while riding his bicycle home.
In response to the questions raised at the Finance
There are several concerns with regard to this incident
Committee meeting on September 15, 1998 regarding the
* after the filing of this report, follow-up to investigate incident
proposed easements from the City of Buffalo ("City") to the
* identification of shooter
Buffalo and Fort Erie Public Bridge Authority ("Authority") for
* possible witness to crime
the construction and operation of the twin span, please be
* safeguarding of victim during hospital stay and or
advised as follows:
apprehension of shooter
1. We confirm that the Authority will be responsible for
* officers initially involved in reporting of incident and policy
all costs associated with the construction and maintenance of
procedures Renaissance Corporation, we respectfully submit the following
We had Mr. Morris moved to another room and information information for your consideration.
restraint put in place While this was after the fact, it would In 1978, the City of Buffalo established the local
seem that these kinds of issues would have been addressed development corporation as a public-private partnership
initially by BPD and the hospital. organization eligible to receive federal economic development
I would like to know what are your procedures when these aid and designed to more involve the private sector in City
crimes are committed to safeguard the victim and his/her economic development initiatives. In 1998, the Buffalo
family. If someone has the boldness to shoot another human Enterprise Development Corporation changed its name to the
being eight times it would seem they for all purposes should be Buffalo Economic Renaissance Corporation.
sought and placed in custody without bail. The Buffalo Economic Renaissance Corporation is a Section
I would appreciate an expeditious reply. 501(c)(3), not-for-profit local development corporation
REFERRED TO THE SPEICAL COMMITTEE ON POLICE incorporated under New York State. The Buffalo Economic
REORGANIZATION/0VERSIGHT Renaissance Corporation also qualifies under HUD and EDA
regulations to receive funding as a local development
NO.103 corporation. It is a membership corporation that meets SBA
T.WHITE requirements.
SEIZURE/EUTHANASIAOFDOGBYCITYPOUND Since 1978, the Buffalo Economic Renaissance Corporation
On Wednesday, August 19, 1998 at approximately 6:00pm, has made a total of 692 loans for the purpose of expanding the
my dog a 5 year old Rottweiller was illegally stunned and taken private sector in the City of Buffalo. Since 1978, the Buffalo
from my residence at 225 Winslow Avenue, Buffalo, NY. Economic Renaissance Corporation has lent over $193 million,
At the time of the invasion of my property, I was out of town which has generated total project investments of over $671
and was not aware of this incident until Thursday, August 20, million. This equates to one public dollar leveraging $3.50 in
1998 when I called home and was informed of the illegal raid private-sector investment.
and the confiscation of my dog. 0n the same day, I called the LENDING PHILOSOPHY
Buffalo City Pound from out-of-town and was informed that the The Buffalo Economic Renaissance Corporation designs
dog in question would be put to sleep at 3:00pm on Monday, and operates loan programs that invest in industrial and
August 24, 1998 unless the owner came with proper commercial projects which benefit the City of Buffalo and its
identification and ownership papers by 3:00 pm. I informed the citizens by retaining or increasing employment opportunities
people at the Buffalo City Pound that I would return to Buffalo and providing necessary services throughout the Buffalo
on Monday, August 24 with proper papers and identification to metropolitan area.
claim the female Rottweiller. Two fundamental principles guide the Buffalo Economic
I returned home on Sunday, August 23, 1998 and called the Renaissance Corporation's lending philosophy. First, we aim
Buffalo City Pound which was closed for the weekend. On to share risk with all participating parties and/or agents.
Monday, August 24th at approximately 9:00 am I called again to Second, we lend in partnership with a private-sector financial
the Buffalo City Pound and spoke to personnel that I was the institution.
owner of the dog that was seized in a raid on August I 9th and In underwriting loans, the Buffalo Economic Renaissance
would be there by 11:00 am. Corporation will put funds at risk to increase the feasibility of a
When I arrived at 11:15 am, I was informed that the dog had project more so than to maximize a financial return. The
been euthanized earlier that day. I asked for the ashes and Buffalo Economic Renaissance Corporation aids the investing
was informed that she had been burned with 15 other dogs and business by. reducing the amount of equity or private capital
it would be impossible to segregate the ashes. that must be dedicated to a given project, and influences a
I feel as though my rights have been violated as I informed conventional lender by reducing the collateral risk. As a further
them the morning of August 24th I would be at the City Pound aid to the borrowing business, the Buffalo Economic
so that I could claim my dog. There was an attachment and Renaissance Corporation will lend at a below market fixed rate,
sentiment for my 5-year old Rottweiller which was affectionately with terms comparable to a conventional lender. Loan terms
called Lady-Bug. The cost of the dog, the pain and suffering are limited to the useful life of the asset being financed.
and the humiliation that I endured should be compensated for Loans made by the Buffalo Economic Renaissance
even though it can't bring back Lady-Bug. Corporation must meet all federal regulations. Paramount
REFERRED TO THE COMMITTEE ON CLIAMS among these are the necessary and appropriate guidelines, as
well as, national objective goals (e.g., area benefit, removal of
NO.104 slum and blight, and job creation for low-mod individuals). The
WORLDWIDEWEATHER Buffalo Economic Renaissance Corporation has and will
EXCESSSNOWFALLINSURANCE continue to make loans to support minority-owned businesses.
Worldwide Weather has been in the business of providing For such loans, the Buffalo Economic Renaissance
weather related insurance coverages for nearly a decade. Corporation weighs the. positive community impact of such
Among these coverages is a very specialized form of excess projects heavily, often accepting higher risks than it assumes
snowfall insurance which is specifically designed to stabilize on other projects.
the often wildly fluctuating costs of year-to-year snow removal The Buffalo Economic Renaissance Corporation recognizes
and other extra expenses or business interruption associated that the unconventional financing it makes available benefits
with snowfall. both the participating bank and the borrowing business. In
Municipalities, airports, cities, and towns are already making providing loan funds, the Buffalo Economic Renaissance
use of this cover to allow credible budgeting for snow removal. Corporation seeks to preserve the partnership of risk sharing.
It is impossible to predict from one year to the next how much Thus, it is necessary for there to be an appropriate amount of
overtime expense will be incurred for snow removal if a very owner equity in a project and that the private sector be involved
bad series of storms hits a particular area. A very carefully in the project on an at-risk basis. The Buffalo Economic
planned budget can literally be thrown out thanks to the volatile Renaissance Corporation seeks to make both owners and
unpredictability of Mother Nature. lenders, more aggressive by increasing the feasibility of
Worldwide Weather can help provide an insurance cushion projects that benefit the community. In cases where other
for the inevitable costs associated with severe snow forms of government support are being provided, the aggregate
accumulation. of all public support will be considered in determining what, if
Quotes will be provided free of any obligation within 48 hours any, participation is appropriate for the support will Buffalo
of a simple telephone inquiry to our local office in Manhasset. Economic Renaissance Corporation.
Thank you for your valuable time in reviewing the enclosed HISTORICAL PERFORMANCE
brochure. I will be contacting you by phone for your feedback Since its inception, the Buffalo Economic Renaissance
and look forward to speaking with you then. If you would like to Corporation has devised new lending programs to meet
direct any inquiries to our office before then, please feel free to identified market niches. Today, we operate eleven (11)
contact me at (516) 365-7373. separate lending programs, including:
REFERRED TO THE COMMITTEE ON FINANCE,
CORPORATION COUNSEL AND COMMISSIONER OF 60/40 Commercial Loan Program
ADMINISTRATION AND FINANCE. Industrial Loan Program
Small Business Loan Program
NO.105 Enterprise Loan Program
BUFFALOECONOMICRENAISSANCECORPORATION Construction Financing Float Loan Program
BERCBUSINESSLOANS HUD Section 108 Loan Program
ITEMNO.263,C.C.P.,SEPTEMBER8,1998 Minority Contractor Loan Program
Following your request for information regarding the lending Niagara Street Small Business Facade Improvement Loan
process and current loan portfolio of the Buffalo Economic Program
EDA Title IX Loan Program For any questions on this matter please contact Salvatore
Federal Enterprise Community Loan Program Initiatives A. Morreale, 83 Turner Avenue, Buffalo NY 14220.
65/35 MWB and Start-up Business Loan Fund Program (with Thank you for your attention on this very important matter.
the ECIDA) REFERRED TO THE COMMITTEE ON CIVIL SERVICE,
From January 1, 1998, to September 17, 1998, the Buffalo COMMISSIONER OF ADMINISTRATION AND FINANCE
Economic Renaissance Corporation has closed fourteen (14) AND CORPORATION COUNSEL.
loans totaling $1.83 million, which generated total financing of
$7.58 million. NO.107
OUTSTANDING LOANS AND STATUS A.COPPOLA
As of August 31, 1998, the Buffalo Economic Renaissance INFORMATIONPAPER
Corporation. I had a total of 188 outstanding loans. Of these NIAGARAMOHAWK
loans: ENERGYPARTNERSHIPPROPOSAL
131 are current - PURPOSE:
14 are past due 30 days To provide analysis of Niagara Mohawk City of Buffalo
3 are past due 31 to 60 days Briefing dated September 2, 1998--Energy Partnership
2 are past due 61 to 90 days Proposal.
38 are past due over 90 days GENERAL:
The following is a breakdown of the funding sources of the It appears that subject proposal is designed to dissuade
Buffalo Economic Renaissance Corporation's Loan Portfolio: Buffalo city officials, especially the City Common Council, from
HUD Section 108 Loans 53.0% pursuing municipalization of electric service as a means to
CDBG Loans 15.4% lower electric rates.
UDAG Loans 15.0% The proposal offers several incentives to the government of
Non-federal Loans 5.3% o UDAG Repayment Loans 4.8% Buffalo but offers nothing to the citizen rate payers of Buffalo.
Float Loans 3.3% The proposal discusses the utility Work force and its
EDA Title IX Loans 1.9% o Program Income & Other 1.3% economic impact. A municipal utility would have the same
The Breckenridge Brewery loans that defaulted in July 1998 Work force and same economic impact.
were funded as follows: A municipal utility pays the same amount of taxes as the
$430,000 EDA Title IX Loan Funds investor owned utility. The municipal utility makes the in lieu of
$170,000 UDAG Loan Repayment Funds Misc. Revenue) tax payments to the City which are equal to taxes presently paid
LENDING REFORMS by NiMo.
In January 1998, while acknowledging the historically MOST IMPORTANT ARE THE SAVINGS TO ALL!
successful loan practices of the corporation, the Buffalo A MUNICIPAL UTILITY OFFERS RATE SAVINGS OF 25 TO
Economic Renaissance Corporation simultaneously recognized 40% FOR ALL CUSTOMERS.
the need for certain adjustments. NIMO'S ENERGY PARTNERSHIP PROPOSAL DOES
We embarked, therefore, on establishing the corporation's NOT DESCRIBE ANY SAVINGS AVAILABLE TO ALL.
first strategic plan for lending and loan approval. Our lending PRICE REDUCTION/ SAVINGS OPPORTUNITIES:
strategic plan was approved by the corporation's Board of NiMo proposes varying rate reductions over the next 3 years; a
Directors in June 19,98 and was distributed to members of the rate reduction of 9% in the third year is suggested for city
Common Council. We have attached it again for your review. accounts-total savings= $2.6 million/year.
This departure from the past reinforces the business ANALYSIS SHOWS THAT MUNICIPALIZATION WILL
development areas for which the corporation is targeting. OFFER AR GREATER SAVINGS:
Mainly, these six business development areas are:
Manufacturing; Urban Entertainment and Tourism; High-CITY ACCOUNTS WILL SAVE $9.55 MILLION/YEAR.
Tech/Information Technologies, Medical Industries; Trade, AND
Distribution, and Logistics; and, Small Business. ALL BUFFALO CUSTOMERS WILL REALIZE SAVINGS OF
Therefore, upon review of the status of our loan portfolio $71.5 MILLION/YEAR.
beginning in January 1998 and recommending a new lending THE NIMO ENERGY PARTNERSHIP PROPOSAL
strategy in June1998, we immediately proceeded to institute SUGGESTS 9% REDUCTION FOR CITY ACCOUNTS IN
stricter and more responsive mechanisms to collect overdue YEAR 3.
loan accounts. Over the course of the last nine (9) months, the MUNICIPALIZATION ANALYSIS SHOWS 25 TO 40%
Buffalo Economic Renaissance Corporation has also REDUCTION OF ELECTRIC RATES FOR ALL BUFFALO
reorganized staff to aid, in part, in collecting past due accounts. CUSTOMERS.
In addition, our staff has begun performing collection work in- Council represents all the City of Buffalo residents-they do
house to reduce our reliance on outside counsel. For your not represent just the city government.
information, we have also attached a copy of our current INCREASE EFFICIENCY OPPORTUNITIES:
collections procedures. Programs/ Projects suggested by NiMo are also available to a
REFERRED TO THE COMMITTEE ON COMMUNITY municipal utility.
DEVELOPMENT As a municipal utility, Buffalo would be eligible for membership
in the
NO.106 American Public Power Association and other professional
S.MOREALLE&OTHERS groups, which would provide assistance and guidance in
HEALTHINSURANCEBC/BS efficiency/conservation matters.
CITYOFBUFFALORETIREES A municipal utility, owned and managed by the customers (the
citizens of Buffalo) would be more responsive than an investor
Until our recent retirements, we the undersigned were career owned utility.
employees of the City of Buffalo, New York and our Civil ALL SAVINGS SUGGESTED through EFFICIENCY
Service classifications and titles were covered by Local 650, OPPORTUNITIES ARE AVAILABLE TO AN EQUAL OR
American Federation of State, County and Municipal GREATER AMOUNT TO A MUNICIPAL UTILITY.
Employees, AFL-CIO. CITY/COMPANY PARTNERSHIP:
As you may be aware, in the Agreement between the City of The concept of a new a tariff to buy down competitive transition
Buffalo and Local 650 for the period ending June 30, 1995, charges is not new or attributable to NiMo.
Article VI - Health and Life Insurance, Section 6.3 - Medical The federal government (Federal Energy Regulatory
Insurance Upon Retirement, states in part: Commission) has directed that all such charges, if applicable,
"Without any cost to them, all members of the bargaining can be paid up front-in a lump SUM.
unit shall receive upon retirement, until death, the plan in effect The FERC has recently suggested that in the case of
at the last day of service to the City" municipalization (Las Cruces New Mexico case ) that charges
It has recently come to our attention that in the current such as CTC, exit fees, and stranded costs, will not
coverage from Blue Cross and Blue Shield of Western New necessarily be granted in the amounts claimed by the investor
York, Inc., dated July 1, 1998, a portion of our coverage has owned utility. In the Las Cruces case the fees may be reduced
been changed. The Major Medical Rider covers no drugs. to only 10% of what the utility requested.
Specifically, the co-pay part of one's drug prescription costs Other programs such as Power for jobs and conservation
may no longer be submitted to Major Medical for an eighty programs can be administered by a municipal utility with equal
Percent (80%) reimbursement. ability to that of NiMo.
This unilateral change is not acceptable to us and we hereby ECONOMIC DEVELOPMENT PARTNERSHIPS:
request that our former coverage, as called for by the contract The programs suggested by NiMo can easily be handled with
with the City of Buffalo, be reinstated, or a coverage of mutual equal ability by a municipal power utility.
acceptance be negotiated by both parties. In addition, a municipal utility will have more opportunities
through its participation in American Public Power income Customer Assistance Program "provide valuable
Association programs. assistance to City residents." We agree wholeheartedly. Both
And since a municipal utility is owned by the City, the City has those programs continue to be available to all customers, and
the ability to create its own unique programs to benefit the the low-income plan is being expanded to reach more eligible
City, its businesses and its citizens as it sees fit. Its consumers.
chances to develop programs are not constrained by I hope this addresses the concerns that resulted in the
stockholders whose corporate headquarters are in above-referenced resolution. However, if there are additional
Syracuse. questions, please do not hesitate to contact me directly on 857-
OTHER PROPOSALS: 4285. Thank you.
Again a municipal electric utility has the same or greater REFERRED TO THE SPECIAL COMMITTEE ON
opportunities to provide service to the citizens of Buffalo. MUNICIPALIZATION.
SUMMARY: NO.109
The NiMo Proposal suggests: GRAPHICCONTROLS
* $12 million reduction in city energy costs. INFO-OFFEROFPURCHASEFROMTYCO
* $400,000 in increased economic development activity. INTERNATIONAL
* 7-13% reduction to annual consumption in benefits to The purpose of this letter is to confirm that Graphic Controls
residents of the City. has received a firm offer of purchase from Tyco International
NOTE THAT THE PROPOSAL DOES NOT IDENTIFY (NYSE: TYC) and in concurrence with our board of directors, a
ELECTRIC RATE SAVINGS TO THE CITIZENS definitive purchase agreement has been executed. We will
RATEPAYERS OF BUFFALO. work with Tyco management to obtain approval from U.S.
In contrast, municipalization offers the following: regulatory agencies. A copy of the press release is attached.
* Estimated savings to the citizens of Buffalo. Briefly, Tyco International Ltd. is a diversified, $14+ billion
* $71.5 million/year. manufacturing and service company headquartered in
* $1.072 billion over 15 years. Hamilton, Bermuda. They are the world's largest manufacturer
Estimated savings to Buffalo City Government and installer of fire protection systems, the largest provider of
* $9.55 million/year. electronic security services, and have leadership positions in
*$143.2 million over 15 years. disposable medical products, packaging materials, flow control
THESE SAVINGS STAY IN BUFFALO-THEY HAVE A products, electrical and electronic components, and undersea
MULTIPLIER EFFECT ON THE BUFFALO ECONOMY telecommunications systems. The company operates in more
THE QUESTION IS SIMPLE: than 80 countries around the world with a workforce of
DO YOU WANT 25-40% SAVINGS FOR ALL? approximately 75,000 people. Its stock trades not only on the
OR New York Stock Exchange, but also on the London and
DO YOU WANT 9% SAVINGS FOR CITY Bermuda stock exchanges. Detailed information about Tyco is
GOVERNMENT? available on the Internet.
REFERED TO THE SPECIAL COMMITTEE ON Tyco offers us substantial benefits-a much larger
MUNICIPALIZATION. organization that can help us grow our business and expand
our marketing opportunities, especially on the industrial side of
NO.108 our business. The acquisition is good for Tyco and good for
NIAGARAMOHAWK Graphic Controls.
INFO-ACCEPTANCEOFNIMOPAYMENTS Yes, the merger will bring change, but Tyco has a reputation
We are responding to a letter of Sept. 9, 1998 from Council for merging acquired businesses in a structured, deliberate
Member Coppola transmitting Item #266 C.P.P. "Request manner. They also run a highly decentralized organization
Information Regarding Acceptance of Niagara Mohawk which implies that they let local management manage. This
Payments." bodes well for Graphic Controls.
Attached you will find a complete list of agents that will As we go through the merger process, Graphic Controls will
accept payment of Niagara Mohawk bills throughout Western maintain a business as usual position in terms of our
New York, as requested. This list is current as of Sept. 1, customers and suppliers, and all of our operations worldwide
1998. However, our plans for new facilities in Buffalo must be further
These payment agents receive a fee from Niagara Mohawk discussed with our potential new owners. At this point, work on
to process bills for our customers. Per our agreements with the Waterfront building continues but startup of the Exchange
these vendors, customers should NOT be assessed a fee to Street building will await those discussions with Tyco.
have their Niagara Mohawk payments processed. Any Clarification on these initiatives may take some time, perhaps
authorized payment agent assessing a fee for processing a until after the merger is completed.
Niagara Mohawk bill would be in clear violation of our contract. Graphic Controls has been owned by Bessemer Holdings, a
We would appreciate being made aware of any such instances financial firm, since 1995. The exit path from this financial
that are brought to the attention of the Council. ownership to a strategic owner has been one of the
Recently, one of our vendors - the NYCE network - began possibilities we have examined since that time. Joining with
charging a small fee to process Niagara Mohawk payments by Tyco allows us to move forward with definitive plans and begin
customers. This is in violation of our contract with NYCE, and the next century well-positioned for growth.
we has commenced immediate action to stop these charges. REFERRED TO THE COMMITTEE ON COMMUNITY
Further legal action is pending. DEVELOPMENT, CORORATION COUNSEL AND BUFFAL
Several other utilities in the state recently made decisions to URBAN RENEWAL AGENCY
stop payments to agents. In other words, the utilities will no
longer subsidize the payment of customer bills. Local agents NO.110
may still accept a utility bill payment, but will charge a small fee PETROLEUMSALES,OWNER,PETITIONTOUSE1780
to cover their costs. SENECAFORAPOLESIGN.
For Niagara Mohawk, the payment agent system costs REFERRED TO THE COMMITTEE ON LEGISLATION, THE
nearly $2 million per year. We are examining our position CITY PLANNING BOARD AND THE COMMISSIONER OF
relative to these services, but have made no changes in our COMMUNITY DEVELOPMENT
policy to date.
The number and locations of payment agents throughout our NO.111
system is somewhat fluid. For various reasons, vendors leave LASALLEAMBULANCEOWNERPETITIONTOUSE1593
our network or we find it necessary to remove vendors. We MAINFORAAUTOREPAIR.
work very hard to make sure that our customers have a location REFERRED TO THE COMMITTEE ON LEGISLATION, THE
to make a direct payment within a reasonable distance. CITY PLANNING BOARD AND THE COMMISSIONER OF
However, we cannot guarantee that any particular payment COMMUNITY DEVELOPMENT
agent will remain within our system at all times.
Certainly, the vast majority of our customers (more than 90
percent) make their payments through the mail - via check or NO.112
money order - or through electronic transfer with their banking ASHLANDAVENUEBLOCKCLUBANDO-OPPOSE
institution. In fact, we encourage our customers to use such REZONE–196BRYANT
payments methods since, it is more efficient and cost effective. RECEIVED AND FILED.
We recognize, however, that there are customers who prefer CIVILSERVICE
to pay in cash or otherwise pay directly, and that is why we (BEVERLYA.GRAY,CHAIRPERSON)
continue to maintain this service.
Finally, in the body of the resolution, it was mentioned that NO.113
Niagara Mohawk programs like the Budget Plan and the Low-ELIGIBILITYLIST-POLICELIEUTENANT
(ITEMNO.48,C.C.P.,MAY26,1998) NO.125APPOINTMENTSYSTEMSANALYST
That the Common Council does hereby request the Buffalo That Communication 26, September 8, 1998 be received and
Municipal Civil Service Commission to remain with the two (2) filed and the Provisional appointment of Maria Hejna, above at
year eligibility list for police lieutenant. the Fifth Step salary $42,302.00 effective on July 7, 1998 is
PASSED hereby approved.
AYES-13, NOES-0 PASSED
AYES-13, NOES-0
NO.114
PROV.EMPLOYEESINOPP.OFDETECTIVENO.126APPOINTMENTSYSTEMSANALYST
(CSC)(ITEM#87C.C.P.MAY26,1998)That the above That Communication 27, September 8, 1998 be received and
mentioned item be and the same is hereby received and filed and the Temporary appointment of Michael Kujawski,
filed.Adopted above at the Fourth Step salary $40,675.00 effective on August
NO.115 10, 1998 is hereby approved.
M. BETTINGER&0-REQUESTUPGRADEOFPASSED
CELLBLOCKOFFICERS AYES-13, NOES-0
(ITEM#78C.C.P.JUNE9,1998)
That the above mentioned item be and the same is hereby NO.127APPOINTMENTCOMPUTERPROGRAMMER
received and filed. That Communication 28, September 8, 1998 be received and
ADOPTED filed and the Temporary appointment of Catherine N. Barton,
above at the Thirds Step salary $36,162.00 effective on August
NO.116 10, 1998 is hereby approved.
REQ.FORUPGRADE-CELLBLOCKOFFICERSPASSED
(A&F)(ITEM#71C.C.P.JUNE23,1998) AYES-13, NOES-0
That the above mentioned item be and the same is hereby
received and filed. NO.128APPOINTMENTASSISTANTENGINEER
ADOPTED That Communication 83, September 8, 1998 be received and
filed and the Provisional appointment of Kenneth J. Wierzbicki,
NO.117 above at the Maximum salary $38,665.00 effective on August
SAL.UPGRADEREQUEST-CELLBLOCKATTENDANTS21, 1998 is hereby approved-
(CC)(ITEM#42C.C.P.JULY7,1998) PASSED
That the above mentioned item be and the same is hereby AYES-13, NOES-0
received and filed.ADOPTED
I NO.129APPOINTMENTENGINEERINGINSPECTOR
NO.118 That Communication 84, September 8, 1998 be received and
UPGRADEFORCELLBLOCKOFFICERS(CS) filed and the Permanent appointment of William Moss, above at
(ITEM#74C.C.P.JULY21,1998) the Maximum salary $35,843.00 effective on August 25 1998 is
That the above mentioned item be and the same is hereby hereby approved.
received and filed. PASSED
ADOPTED AYES-13, NOES-0
NO.119 NO.130
APPOINTMENTSTREETSADMINISTRATOR APPOINTMENT
That Communication 82, July 21, 1998 be received and filed REPORTTECHNICIAN
and the Provisional appointment of Florence M. Hill, above at That Communication 94, September 8, 1998 be received and
the Maximum salary of $39,004.00 effective on July 1, 1998 is filed and the Permanent appointment Of Marilyn M. Diehl,
hereby approved. above at the Intermediate salary $24,348.00 effective on
PASSED August 28, 1998 is hereby approved.
AYES-13, NOES-0 PASSED
AYES-13, NOES-0
NO.120APPOINTMENTSANITATIONWORKER
That Communication 83, July 21, 1998 be received and filed NO.131
and the Permanent appointment of Frederick R. Mosca, above APPOINTMENTREPORTTECHNICIAN
at the Maximum salary of $26,024.00 effective on June 30, That Communication 95, September 8, 1998 be received and
1998 is hereby approved. filed and the Permanent appointment of Sara Rose Buscaglia,
PASSED above at the Intermediate salary $24,992.00 effective on
AYES-13, NOES-0 August 28, 1998 is hereby approved.
PASSED
NO.121APPOINTMENTLABORERII AYES-13, NOES-0
That Communication 84, July 21, 1998 be received and filed
and the Permanent appointment of Lawrence A. Boruszewski, NO.132APPOINTMENTREPORTTECHNICIANS
above at the Maximum salary of $11.89 hr. effective on July 1, That Communication 96, September 8, 1998 be received and
1998 is hereby approved filed and the Permanent appointments of Christine M.
PASSED MacMillan and Stephania M. Ovak, above at the Intermediate
AYES-13, NOES-0 salary $24,348.00 effective on August 28, 1998 is hereby
approved.
NO.122EARLYRETIREMENTINCENTIVEPROG.(BSA) PASSED
(ITEM#89C.C.P.JULY21,1998) AYES-13, NOES-0
That the above mentioned item be and the same is hereby
received and filed. NO.133APPOINTMENTREPORTTECHNICIAN
ADOPTED That Communication 97, September 8, 1998 be received and
filed and the Permanent appointment of Rose M. Borczynski,
NO.123 above at the Intermediate salary $24,348.00 effective on
NOTICEOFAPPTS.-TEMP/PROV/PERM(ITEM#101August 28, 1998 is hereby approved.
C.C.P.JULY21,1998) PASSED
That the above mentioned item be and the same is hereby AYES-13, NOES-0
received and filed.
ADOPTED NO.134APPOINTMENT
REPORTTECHNICIAN
NO.124 That Communication 98, September 8, 1998 be received and
APPOINTMENTSYSTEMSADMINISTRATOR filed and the Permanent appointment of Hedwig Paula Gross,
That Communication 25, September 9, 1998 be received and above at the Intermediate salary $24,992.00 effective on
filed and the Permanent appointment of Thomas Cavaretta, August 28, 1998 is hereby approved.
above at the Fifth Step salary $45,979.00 effective on August PASSED
31, 1998 is hereby approved. AYES-13, NOES-0
PASSED
AYES-13, NOES-0 NO.135
APPOINTMENTCOMMUNICATIONELECTRICIAN
That Communication 99, September 8, 1998 be received and
filed and the Provisional appointment of Daniel McQuire, above NO.146APPOINTMENT
at the Intermediate salary $28,526.00 effective on August 10, SUPT.AUTOSUPPLIES
1998 is hereby approved. That Communication 155, September 8, 1998 be received
PASSED and filed and the Permanent appointment of David Lawler,
AYES-13, NOES-0 above at the Maximum salary $33,341.00 effective on August
17, 1998 is hereby approved.
NO.136APPOINTMENTPROJECTMANAGER PASSED
That Communication 133, September 8, 1998 be received AYES-13, NOES-0
and filed and the Permanent appointment of Francisco
Guzman, above at the Intermediate salary $30,309.00 effective NO.147SALARYORDINANCEAMENDMENT20-1POLICE
on August 31, 1998 is hereby approved. ADMINISTRATION021ADMINISTRATION&
PASSED COMMUNICATIONS(ITEMNO.255,C.C.P.,SEPT.8,1998)
AYES-13, NOES-0 That the Salary Ordinance Amendment as contained in Item
No. 255, C.C.P., September 8, 1998, be and the same hereby
NO.137APPOINTMENTDIRECTOROFANIMALCONTROL is approved.
That Communication 137, September 8, 1998 be received PASSED.
and filed and the Permanent appointment of Kelly M. McCarthy, AYES-13, NOES-0
above at the Maximum salary $34,102.00 effective on July 27,
1998 is hereby approved NO.148SALARYORDINANCEAMENDMENT040-0AUDIT
PASSED &CONTROL002DATAPROCESSING(ITEMNO.256,
AYES-13, NOES-0 C.C.P.,SEPT.8,1998)
That the Salary Ordinance Amendment as contained in Item
NO.138APPOINTMENTDOGCONTROLOFFICER No. 256, C.C.P.,September 8, 1998, be and the same hereby
That Communication 138, September 8, 1998 be received is approved.
and filed and the Permanent appointment of William Vivian, PASSED.
above at the Maximum salary $26,43 1.00 effective on July 27, AYES-13, NOES-0
1998 is hereby approved.
PASSED NO.149SALARYORDINANCEAMENDMENT01-ICITY
AYES-13, NOES-0 CLERK001CITYCLERK(ITEMNO.260,C.C.P.,SEPT.8,
1998)
NO.139APPOINTMENTDOGCONTROLOFFICER That the Salary Ordinance Amendment as contained in Item
That Communication 139, September 8, 1998 be received No. 260, C.C.P., September 8, 1998, be and the same hereby
and filed and the Permanent appointment of Charles L. is approved.
Loubert, above at the Second Step salary $24,322.00 effective PASSED.
on July 27, 1998 is hereby approved- AYES-13, NOES-0
PASSED
AYES-13, NOES-0 NO.150SALARYORDINANCEAMENDMENT01-ICITY
CLERK02-OFFICEOFTELECOMMUNICATIONS(ITEM
NO.140APPOINTMENTSTREETWORKER NO.261,C.C.P.,SEPT.8,1998)
That Communication 140, September 8, 1998 be received That the Salary Ordinance Amendment as contained in Item
and filed and the Permanent appointment of Jules A. Stover, No. 26 1, C. C.P., September 8, 1998, be and the same hereby
above at the Intermediate salary $25,515.00 effective on May is approved.
31, 1998 is hereby approved. PASSED.
PASSED AYES-13, NOES-0
AYES-13, NOES-0
FINANCE
NO.141APPOINTMENTEXTERMINATOR
(DAVIDA.FRANCZYK,CHAIRMAN)
That Communication 141, September 8, 1998 be received
NO.151
and filed and the Permanent appointment of Thomas Hudak,
AUDIT-A&F-TREASURY(COMPT.)(ITEM#15C.C.P.
above at the Second Step salary $24,322.00 effective on
MAY26,1998)
August 17, 1998 is hereby approved.
That the above mentioned item be and the same is hereby
PASSED
received and filed.ADOPTED
AYES-13, NOES-0
NO.152AUDITTREASURY(COMPT.)(ITEM#28
C.C.P.JULY21,1998)
NO.142APPOINTMENTEXTERMINATOR
That the above mentioned item be and the same is hereby
That Communication 142, September 8, 1998 be received
received and filed.
and filed and the Permanent appointment of Michael H.
ADOPTED
Murphy, above at the Fifth Step salary $26,431.00 effective on
August 17, 1998 is hereby approved.
PASSED
NO.153
AYES-13, NOES-0
AUDITHSPR(COMPT)(ITEM#17C.C.P.SEPTEMBER8,
1998)
NO.143DIFFERENCEINSALARY-STEVENMISKA(ITEM
That the above mentioned item be and the same is hereby
NO.144,C.C.P.,SEPT.8,1998)
received and filed.ADOPTED
That the Comptroller be, and he hereby is authorized to pay
NO.154
Steven Miska, Assistant Director of Labor Relations, in the
RESPONSETOAUDIT-HSPR(HSPR)
amount of $402.87 bi-weekly for difference in pay from 7/20/98
(ITEM#149C.C.P.SEPTEMBER8,1998)
through 8/9/98.
That the above mentioned item be and the same is hereby
PASSED
received and filed.
AYES-13, NOES-0
ADOPTED
NO.144APPOINTMENTSENIORCITIZENAIDE
NO.155
That Communication 151, September 8, 1998 be received
RESULTOFNEGOTIATIONS-361BARAGA
and filed and the Provisional appointment of Deborah Gavazzo,
(ITEMNO.59,C.C.P.,JULY7,1998)
above at the Intermediate salary $22,499.00 effective on
That the offer from Mr. Robert L. Strainese, of 355
August 26, 1998 is hereby approved.
Baraga Street, in the sum of One Thousand Dollars
PASSED
($1,000.00) for the sale of 361 Baraga Street, be and it hereby
AYES-13, NOES-0
is accepted; and
That the appraisal requested by the City of Buffalo
NO.145APPOINTMENTSENIORCITIZENAIDE
shall be paid by the purchaser; and
That Communication 152, September 8, 1998 be received
That the transfer tax, recording fees and cost of
and filed and the Provisional appointment of Lisa Masiello,
legal description shall be paid by the purchaser- and
above at the Maximum salary of $23,669.00 effective on
That the Corporation Counsel be authorized to
August 31, 1998 is hereby approved.
prepare the necessary documents for the transfer of title and
PASSED
that the Mayor be authorized to execute the same, in
AYES-13, NOES-0
accordance with the terms of sale upon which the offer was
submitted. PASSED.
PASSED. AYES-13. NOES-0.
AYES-13. NOES-0. NO.161
NO.156RESULTOFNEGOTIATIONS-22ROSEPAULBAPSTREFUNDBUILDINGPERMIT-357BARAGA
STREET(ITEMNO.70,C.C.P.,JULY21,1998) (ITEMNO.80,C.C.P.,MAY12,1998)
That the offer from Ms. Cynthia Compito, Trustee for (ITEMNO.133,C.C.P.,JULY7,1998)
Gethsemane Baptist Church, located at 55 Grape Street, in the That the Comptroller be, and he hereby is authorized
sum of One Thousand Dollars ($1,000.00) for the sale of 22 to refund $797.50 building permit fee for 357 Baraga Street to
Rose Street, be and it hereby is accepted; and Paul Bapst, 3312 Nash Road, Hamburg.
That the appraisal requested by the City of Buffalo PASSED.
shall be paid by the purchaser; and AYES-13. NOES-0.
That the transfer tax, recording fees and cost of NO.162
legal description shall be paid by the purchaser; and REQUESTFORPARCELUSE(ITEMNO.184,C.C.P.,JULY
That the Corporation Counsel be authorized to 7,1998)
prepare the necessary documents for the transfer of title and That this Common Council support the application
that the Mayor be authorized to execute the same, in for grant moneys by the Polish Community Center of Buffalo,
accordance with the terms of sale upon which the offer was Inc. for the neighborhood greenspace enhancement project
submitted. called "Seeing Green"; and
PASSED. That this Honorable Body request that the Buffalo
AYES-13. NOES-0. Neighborhood Revitalization Corporation, the Buffalo Urban
Renewal Agency, the Division of In-Rem Properties, Division of
NO.157 Real Estate grant permission for parcel use of the respective
RESULTOFNEGOTIATIONS-3SORDYL(ITEMNO.71,C.sites at 1097 Sycamore, 226-228 Stanislaus, 1259 Sycamore
C.P.,JULY21,1998) and 146-148 Walden.
That the above item be, and the same hereby is ADOPTED.
returned to the Common Council without recommendation.
Mr. Franczyk moved: NO.163
That the offer from Mr. Joseph A. Doyle, of 9 AMENDLEASE-MASSACHUSETTSAVENUEPROJECT-
Andrew Alley, in the sum of One Thousand Dollars ($1,000.00) USEOF382MASSACHUSETTS
for the sale of 3 Sordyl, be and it hereby is accepted- and (ITEMNO.20,C.C.P.,JULY21,1998)
That the appraisal requested by the City of Buffalo That the Comptroller be, and he hereby is authorized
shall be paid by the purchaser; and to amend the lease between the City and Massachusetts
That the transfer tax, recording fees and cost of Avenue Project /Wellness Institute of Greater Buffalo and
legal description shall be paid by the purchaser; and Western New York, for the use of 3 82 Massachusetts,
That the Corporation Counsel be authorized to excluding the pool area and dressing rooms, that they amend
prepare the necessary documents for the transfer of title and their insurance saving the City harmless as indicated in their
that the Mayor be authorized to execute the same, in present lease agreement for the entire premises and to amend
accordance with the terms of sale upon which the offer was the lease wherein it pertains to shared areas of the premises to
submitted. make the Massachusetts Avenue Project/Wellness Institute of
PASSED. Greater Buffalo and Western New York responsible for the
AYES-13. NOES-0. entire garbage user fee, maintenance and repairs, etc. That
NO.158RESULTOFNEGOTIATIONS-ABANDONANDthe Corporation Counsel be, and he hereby is authorized to
SALEOF19VIRGIL(ITEMNO.21,C.C.P.,SEPT.8,1998) prepare the necessary documents to amend said lease and
That the above item be, and the same hereby is that the Mayor be authorized to execute the same.
returned to the Common Council without recommendation. PASSED.
Mr. Franczyk moved: AYES-13. NOES-0.
That the City of Buffalo does hereby abandon 19 Virgil NO.164LEASE-POLICEATHLETICLEAGUE-USEOF
and authorizes the City to sell such property pursuant to PORTIONOFFORMERSCHOOL#29(ITEMNO.21,C.C.P.,
Section 513 of the Charter of the City of Buffalo; and JULY21,1998)
That the offer from Ivy Rose Housing Corporation, in That the Comptroller be, and he hereby is authorized
the sum of Twenty Thousand Dollars ($20,000.00) for the to renew the lease between the City and the Police Athletic
purchase of 19 Virgil, be and hereby is accepted; and League, for the use of the Recreation Room, Room 103 and an
That the Corporation Counsel be authorized to Office in former School #29 and also use of the gym Monday-
prepare the necessary documents for the transfer of title and Friday from September-June between the hours of 3:00 p.m.-
that the Mayor be authorized to execute the same. 11:00 p.m. and the outdoor basketball court during the months
PASSED. of June, July and August from 4:00 p.m.-9:00 p.m. When
AYES-13. NOES-0. weather prohibits the use of the outside basketball court the
NO.159RESULTOFNEGOTIATIONS-97BOXP.A.L. utilizes the inside gym basketball court, for a term
AVENUE(ITEMNO.117,C.C.P.,SEPT.8,1998) commencing July 1, 1998 and to expire on June 30, 2000, with
That the offer from Mrs. Mary A. Rolack, of 99 Box the conditions as listed in the above communication. That the
Avenue, in the sum of Five Hundred Dollars ($500.00) for the Corporation Counsel be, and he hereby is authorized to prepare
sale of 97 Box Avenue, be and it hereby is accepted; and the necessary documents to renew said lease and that the
That the appraisal requested by the City of Buffalo Mayor be authorized to execute the same.
shall be paid by the purchaser; and PASSED.
That the transfer tax, recording fees and cost of AYES-13. NOES-0.
legal description shall be paid by the purchaser; and
That the Corporation Counsel be authorized to NO.165
prepare the necessary documents for the transfer of title and RESPONSE-USEOFPARCEL-POLISHCOMM.CTR.
that the Mayor be authorized to execute the same, in (ITEM#30C.C.P.JULY21,1998)
accordance with the terms of sale upon which the offer was That the above mentioned item be and the same is hereby
submitted. received and filed.
PASSED. ADOPTED
AYES-13. NOES-0.
NO.160RESULTOFNEGOTIATIONS-274REEDNO.166
STREET(ITEMNO.119,C.C.P.,SEPT.8,1998) BRACO-IREFUNDOFEXCESSREALPROPERTYTAXES
That the offer from Ms. Eloise Hall, of 276 Reed 1997-98
Street, in the sum of Eight Hundred Dollars ($800.00) for the (ITEMNO.61,C.C.P.,JULY21,1998)
sale of 274 Reed Street, be and it hereby is accepted and That the Corporation Counsel be, and he hereby is
That the appraisal requested by the City of Buffalo authorized to refund from the Prior Year Judgment and Claims
shall be paid by the purchaser; and Account to BRACO-I a total of $15,191.64 for excess property
That the transfer tax, recording fees and cost of taxes paid on 210 Allen, 359-375 Busti, 279 Niagara, 231
legal description shall be paid by the purchaser- and West, 87 Whitney, 346-350 Franklin, 352-354 Franklin, 922-
That the Corporation Counsel be authorized to 928 Main and 74-78 Grant.
prepare the necessary documents for the transfer of title and PASSED.
that the Mayor be authorized to execute the same, in AYES-13. NOES-0.
accordance with the terms of sale upon which the offer was NO.167
submitted. TAXEXEMPTIONS-REALPROP.IMPROVEMENTS-ADA
(CC)(ITEM#62C.C.P.JULY21,1998) an aesthetically attractive building on the site, the elimination of
That the above mentioned item be and the same is hereby the vacant gas station currently on the site and the economic
received and filed. benefits of job creation of this property.
ADOPTED PASSED.
NO.168 AYES-13. NOES-0.
"POP"MACHINESATVARIOUSDEPARTMENTSITES NO.177
(ITEMNO.87,C.C.P.,JULY21,1998) MARKL.GADEMSKY,
That the Commissioner of Human Services, Parks PETITIONTOUSE478ELMWOOD-SIT-INRESTAURANT
and Recreation be, and he hereby is authorized to the Police (ITEMNO.120,C.C.P.,JULY21,1998)
Athletic League, Inc. to place vending machines in various That after the public hearing before the Committee on
department locations for the benefit of the Police Athletic Legislation on September 15, 1998, the petition of Mark L.
League and the City. Gademsky, owner, for permission to use 478 Elmwood Avenue
PASSED. for a sit-in restaurant and apartments be, and hereby is
AYES-13. NOES-0. approved.
NO.169 PASSED.
RESCINDSALE-428CARLTON(#215,6/23)(ITEM#149AYES-13. NOES-0.
C.C.P.JULY21,1998)
That the above mentioned item be and the same is hereby NO.178
received and filed. RAMESHCHAIANI,PETITIONTOUSE520ELMWOOD-
ADOPTED RESTAURANT
(ITEMNO.209,C.C.P.,SEPT.8,1998)
NO.170 That after the public hearing before the Committee on
RESCINDSALE-843CLINTONSTREET-JAMESLegislation on September 15, 1998, the petition of Ramesh
CROOM,JR. Chainani, owner, for permission to use
(ITEMNO.104,C.C.P.,SEPT.8,1998) 520 Elmwood Avenue for a restaurant and apartment be, and
That the action of the Common Council under Item No. 137, hereby is approved.
C.C.P., March 7, 1995, authorizing the reconveyance of 843 Passed.
Clinton Street, be and the same hereby is rescinded, the Ayes-13, Noes-0
deposit is forfeited and the premises returned to the
Comptroller for future sale or transfer. NO.179
PASSED. RAYANDMARYWHITMAN,PETITIONTOUSE532
AYES-13. NOES-0. NORFOLK-POLESIGN
NO.171TAXCANCELLATION1998-99 (ITEMNO.210,C.C.P.,SEPT.8,1998)
(ITEMNO.45,C.C.P.,SEPT.8,1998) That after the public hearing before the Committee on
That the Comptroller be, and he hereby is authorized Legislation on September 15, 1998, the petition of Ray and
to issue a check from the 81-2 General City Charges, 000-00-Mary Whitman, owner, for permission to use 532 Norfolk for
802 Tax Adjustment Fund, in favor of the City for t taxes a pole sign be, and hereby is approved.
indicated on the list as attached to the above communication in Passed.
the amount of $302,716.62. Ayes-13, Noes-0
PASSED.
AYES-13. NOES-0. NO.180
ARTHURLEWIN,PETITIONTOUSE807ELMWOOD-SIT-
NO.172PERMANENTEASEMENTPEACEBRIDGETWININRESTAURANT
SPAN(ITEMNO.67,C.C.P.,SEPT.8,1998) (ITEMNO.212,C.C.P.,SEPT.8,1998)
That the above item be, and the same is hereby returned to the That after the public hearing before the Committee on
Common Council without recommendation. Legislation on September 15, 1998, the petition of Arthur
Mr. Franczyk moved that the above item be recommitted to the Lewin, owner, for permission to use 807 Elmwood Avenue
Committee on Finance. for a sit-in restaurant be, and hereby is approved with the
ADOPTED. following conditions.
A The following are items agreed to as part of the approval
NO.173 of this proposal: 1. No alcohol will be served on the
REQUESTABATEMENTFORRENT– premises. 2. The parking lot exit to Lancaster Street will be
DELAWAREPARKCONCESSION(ITEMNO.150,C.C.P.,closed-off, and landscaped.
SEPT.8,1998) 3. The kitchen exhaust fans, will be located on the roof
That due to a failure of the City to provide adequate City and will include noise protection.
Service, the Commissioner of Human Services, Parks and 4. Replace existing fences adjoining 2 homes on
Recreation be, and he hereby is authorized to abate the annual Lancaster Ave.
rent of $9,600 for "The Deli at Delaware" concession to Jerry B. Signs will be installed as follows:
Sansonese. 1. Existing stone "Key Bank" sign, replace sign face only.
PASSED. 2. Existing pole, new sign.
AYES-13. NOES-0. 3. Existing building sign, replace with new neon.
NO.174 PASSED
WAIVEFEESFORSTEVE'SMEATS(ITEM#223AYES-13, NOES-0
C.C.P.SEPTEMBER8,1998)
That the above mentioned item be and the same is hereby NO.181
received and filed.ADOPTED ANTHONYSCACCIA,PETITIONTOUSE1842-1850
LEGISLATION(ALFREDT.COPPOLA,CHAIRMAN)NO.CLINTON-SIT-INRESTAURANT
1759274GROUP,INC.-PETITIONTOREZONE (ITEMNO.213,C.C.P.,SEPT.8,1998)
296BRYANTSTREET That after the public hearing before the Committee on
(ITEMNO.208,C.C.P.,SEPT.8,1998) Legislation on September 15, 1998, the petition of Anthony
That after a public hearing held on September 15, Scaccia, owner, for permission to use 1842-1850 Clinton for
1998, the petition of 9274 Group, Inc. for permission to rezone a sit-in restaurant be, and hereby is approved.
296 Bryant Street from a "R-3" Residential District to "EB" Passed.
District for a pharmacy, be and hereby is denied. AYES-13, NOES-0
ADOPTED
NO.182
NO.176 A.MSERAFINI,PETITIONTOUSE1880SENECASTREET
JOHNSCHENNE-APPEALCITYPLANNINGBOARD-SIT-INRESTAURANT
DECISION– (ITEMNO.93,C.C.P.,MAY12,1998)
3101MAINSTREET(ITEMNO.117,C.C.P.,JUNE21,1998) That after the public hearing before the Committee on
That pursuant to Section 511-79.9 of the Code of the City of Legislation on May 19, 1998, the petition of A. M. Serafini,
Buffalo, this Common Council does hereby reverse the owner, for permission to use 1880 Seneca Street for a sit-
decision of the Planning Board in relation to the proposed in/take-out restaurant be, and hereby is approved.
AlIcare Physical Therapy Building at 3101 Main Street and Passed.
does hereby approve the project plan as outlined in Item No AYES-13, NOES-0
117, C.C.P., June 21, 1998.
The reasons for this action are the benefits of having NO.183
RENTOKILENVIR.SVS.-RODENTCONTROL-GELMAC-60address, subject to the following conditions:
CHILDSST. That the fire main be installed exactly as shown on plans
(ITEM#101C.C.P.JUNE23,1998) submitted to and approved by the Department of Public
That the above mentioned item be and the same is hereby Works, Division of Engineering.
received and filed. 2. That the applicant restore all city right-of-way disrupted
ADOPTED during installation.
3. That the applicant supply the City of Buffalo with a five
NO.184 thousand dollar ($5,000.00) construction in street bond or
REQ.GRAFFITIORD.(4227,2/17) certificate of insurance which will indemnify and save
(ITEM#129C.C.P.JUNE9,1998) harmless the City of Buffalo against any and all loss or
That the above mentioned item be and the same is hereby damage arising out of the construction, maintenance, use
received and filed. and removal of said fire line.
Mr. Coppola moved that the above item be recommitted to Passed.
the Committee on Legislation. Ayes-13, Noes-0
ADOPTED.
NO.190
NO.185 POLITICALSIGNS(CC)
CONCERNS-NUISANCEBEHAV./OFFENSIVEBEHAV.-(ITEM#33C.C.P.NOVEMBER12,1998)
EMPIREIIPAWNBROKER(HRG.3/24) That the above mentioned item be and the same is hereby
(ITEM#195C.C.P.FEBRUARY3,1998) received and filed.
That the above mentioned item be and the same is hereby ADOPTED
received and filed.
ADOPTED NO.191
POLITICALSIGNS(CC)
NO.186 (ITEM#45C.C.P.MARCH17,1998)
REQ.ATTY.GENERALINVESTIGATENIMOCHARGES That the above mentioned item be and the same is hereby
(A&F) received and filed.
(ITEM#73C.C.P.APRIL28,1998) ADOPTED
That the above mentioned item be and the same is hereby
referred to by the Committee on Municipalization of Electrical NO.192
Services. ASHLANDBIRDBLOCKCLUB-TRAFFICPROBLEMS-
ADOPTED ELMWOODAVE.
(ITEM#95C.C.P.APRIL14,1998)
NO.187 That the above mentioned item be and the same is hereby
REQ.INFO.ACCEPTNIMO,PAYMENTS(ITEM#266C.C.P.received and filed.
SEPTEMBER8,1998) ADOPTED
That the above mentioned item be and the same is hereby
referred to by the Committee on Municipalization of Electrical NO.193
Services. ASHLANDBIRDBLOCKCLUB-TRAFFICPROBLEMS-
ADOPTED ELMWOODAVE.(PW)
(ITEM#40C.C.P.JULY21,1998)
NO.188 That the above mentioned item be and the same is hereby
SIDEWALKCAFE-437ELLICOTTSTREET received and filed.ADOPTED
(ITEMNO.50,C.C.P.,JULY21,1998)
That the Commissioner of Public Works be, and he NO.194
hereby is authorized to issue a mere license" to Mr. William HERMANST.BLOCKCLUBPETITION(ST.SAN)
Oshei, owner of The Golden Swan Case, located at 437 (ITEM#78C.C.P.MAY26,1998)
Ellicott Street, to install a sidewalk cafe, which would That the above mentioned item be and the same is hereby
encroach city right-of-way at said address, subject to the received and filed.
following conditions: ADOPTED
1. That the applicant obtain any and all other City of
Buffalo permits necessary. NO.195
2. That the sidewalk cafe be installed exactly as shown on INVEST.BUSINESS-177WEST(ASMT)
plans submitted to and approved by the Department of (ITEM#37C.C.P.JULY21,1998)
Public Works, Division of Buildings. That the above mentioned item be and the same is hereby
3. That the sidewalk cafe does not exceed eight feet (8') in received and filed.ADOPTED
length or extend more than six feet (6') from the building
face. NO.196
4. That no portion of the sidewalk cafe be permanent in INVEST.BUSINESS-177WEST(CD)
nature or permanently affixed to the main building or public (ITEM#129C.C.P.SEPTEMBER8,1998)
sidewalk. That the above mentioned item be and the same is hereby
5. That the sidewalk cafe be completely removed from City received and filed.
right-of-way from November 15 to April I each year. ADOPTED
6. That the applicant be assessed the annual fee of one
dollar and thirty cents ($1.30) per square foot of City right-of-NO.197
way occupied by said sidewalk cafe as described in Chapter INVEST.BUSINESS-177WEST(A&F)
413, Article IX, Section 59 (Sidewalk Cafes) of the City (ITEM#146C.C.P.SEPTEMBER8,1998)
Ordinances. That the above mentioned item be and the same is hereby
7. That the applicant supply the City of Buffalo with a five received and filed.
thousand dollar ($5,000.00) construction in street bond or ADOPTED
certificate of insurance which will indemnify and save
harmless the City of Buffalo against any and all loss or NO.198
damage arising out of the construction, maintenance, use LIQUORLICENSEAPPLNS.(CCLK)
and removal of said sidewalk cafe. (ITEM#95C.C.P.JULY21,1998)
Passed. That the above mentioned item be and the same is hereby
Ayes-13, Noes-0 received and filed.
ADOPTED
NO.189
SOUTHPARKAVENUE-BUFFALOCOLORNO.199
CORPORATION-ENCROACHMENT LIQUORLICENSEAPPLNS.(CCLK)
(ITEMNO.70,C.C.P.,SEPT.8,1998) (ITEM#165C.C.P.SEPTEMBER8,1998)
That the Commissioner of Public Works be, and he That the above mentioned item be and the same is hereby
hereby is authorized to issue a "mere license" to Mr. Lavern received and filed.
B. Heiler, P.E., Engineering Supervisor at Buffalo Color ADOPTED
Corporation, located four (4) feet below grade beneath the
elevated portion of South Park Avenue north of the Lift NO.200
Bridge, which would encroach city right-of-way at said REAPPT./APPT.MEM.COMM.PERSONS
W/DISABILITIES(MAYOR) SOUTHTOWNSPESTCONTROL-INSPECTRPT.-
ITEM#2C.C.P.SEPTEMBER8,1998) GELINMACFEEDS
That the above mentioned item be and the same is hereby (ITEM#201C.C.P.SEPTEMBER8,1998)
received and filed. That the above mentioned item be and the same is hereby
ADOPTED received and filed.
ADOPTED
NO.201
REAPPT./APPT.MEM.EMERG.MOD.SVS.BD.NO.211
(MAYOR) P.WISNIEWSKI-BOOSTBFLO.W/CHIRSTMASOR
(ITEM#3C.C.P.SEPTEMBER8,1998) THANKSGIVINGPARADE
That the above mentioned item be and the same is hereby (ITEM#206C.C.P.SEPTEMBER8,1998)
received and filed. That the above mentioned item be and the same is hereby
ADOPTED received and filed.
ADOPTED
NO.202
APPT.MEM.BFLO.ARTSCOMM.(MAYOR) COMMUNITYDEVELOPMENT
(ITEM#5C.C.P.SEPTEMBER8,1998) (DALEZUCHLEWSKI,CHAIRMAN)
That the above mentioned item be and the same is hereby
received and filed. NO.212
ADOPTED REQUESTORDINANCEAMENDMENTONRESTRICTING
USESFORTHEBUFFALOWATERFRONT(ITEMNO.109,
NO.203 C.C.P.,JAN.6,1998)
APPOINTMENTMEMBERSTOTHEBUFFALOSEWER That this Common Council requests the Corporation Counsel
AUTHORITY to prepare for Council consideration an amendment to the
(ITEMNO.6,C.C.P.,SEPT.8,1998) City's zoning ordinances that protects the aesthetic and natural
That the appointments of Rt. Reverend Monsignor John resources of the Buffalo Waterfront by restricting the issuance
R. Gabalski and Herbert L. Bellamy, Jr., as members of the of new permits for the following uses within the Waterfront
Buffalo Sewer Authority for terms expiring June 30, 2001 be, Greenway Special Review District:
and hereby are approved. A. Automobile salvage yards, billboards, demolition debris
Passed. processing facilities, junkyards, landfills, waste incinerators,
Ayes-13, Noes-0 and solid waste transfer facilities,
B. The storage, use, manufacture or disposal of
NO.204 bioaccumulative chemicals of concern designated in the Great
APPOINTMENTOFMEMBERTOTHECITYPLANNINGLakes Initiative published by the USEPA.
BOARD ADOPTED.
(ITEMNO.7,C.C.P.,SEPT.8,1998)
That the appointment of Henry L. Burns, residing at 47 NO.213BEDC-RESPONSETOGREETINGINNER
Beard Avenue, as a member of the City Planning Board for a HARBORRES.(ITEM#175C.C.P.SEPTEMBER8,1998)
term commencing on October 9, 1998 and expiring October That the above mentioned item be and the same is hereby
9, 2001 be, and hereby is confirmed. received and filed.ADOPTED
Passed.
Ayes, Noes-0 NO.214
ESTABLISHADDITIONALREQUIREMENTFOR
NO.205 HOMESTEADINGPROPERTY(ITEMNO.158,C.C.P.,MAY
APPOINTMENTOFMEMBERTOTHEBUFFALOWATER12,1998)
BOARD That the homestead process for both the City and Buffalo
(ITEMNO.8,C.C.P.,SEPT.8,1998) Urban Renewal Agency be expanded to include a step which
That the appointment of Charles L. McGriff, residing at would determine whether the party interested in homesteading
117 Lexington Avenue, a member of the Buffalo Water a particular property owns any property which is in violation of
Board for a term expiring December 31, 1999 be, and any City building codes; and
hereby is confirmed. That if any building code violations are found on any property
Passed. owned by a potential homesteader, the homestead property will
Ayes-13, Noes-0 not be transferred until such time as all violations are corrected
and the buildings are in compliance with all City building codes.
NO.206 ADOPTED.
APPT-MEM.PESTMGMT.BD.(MAYOR)
(ITEM#9C.C.P.SEPTEMBER8,1998) NO.215B. GRAY-LANDONMOSELLETOBE
That the above mentioned item be and the same is hereby HOMESTEADBYNEIGHBORHOOD(ITEM#89C.C.P.JULY
received and filed. 7,1998)
ADOPTED That the above mentioned item be and the same is hereby
received and filed.
NO.207 ADOPTED
PROP.PURCHASINGBD.(CC)
ITEM#103C.C.P.SEPTEMBER8,1998) NO.216
That the above mentioned item be and the same is hereby B. GRAY-LANDONMOSELLETOBEHOMESTEADBY
received and filed. NEIGHBORHOOD(COMPT)(ITEM#32C.C.P.JULY21,
ADOPTED 1998)
That the above mentioned item be and the same is hereby
NO.208 received and filed.ADOPTED
PROP.PURCHASINGBD.(CD)
(ITEM#130C.C.P.SEPTEMBER8,1998) NO.217
That the above mentioned item be and the same is hereby C. CRUTCHER-HOMESTEADPROP.-81RATHER
received and filed. (ITEM#180C.C.P.SEPTEMBER8,1998)
ADOPTED That the above mentioned item be and the same is hereby
received and filed.
NO.209 ADOPTED
RESTAURANTDANCINGCLASSIII-20ALLEN
(ITEMNO.111,C.C.P.,SEPT.8,1998) NO.218TRANSFEROFTITLE,URBANHOMESTEAD-20,
That pursuant to Chapter 150 of the City Code, the Director 24,25,29,31,33,48&50GREYSTREET(ITEMNO.61,C.
of Inspections, Licenses and Permits be, and he hereby is C.P.,MAY26,1998)
authorized to grant a Restaurant Dancing Class III license to That the city-owned properties commonly known as 20, 24,
William Krurnowski Bad Boys, Inc., d/b/a Secrets, located at 25, 29, 31, 33, 48 & 50 Grey Street, are hereby designated as
20 Allen. Homestead Property, and that the Mayor be, and he hereby is
Passed. authorized to execute a deed transferring said properties to
Ayes-13, Noes-0 Habitat for Humanity, all costs of transfer, and on the condition
the homesteader occupy the premises for a period of not less
NO.210 than thirty-six (36).
PASSED. NO.226
AYES-13, NOES-0 C. KAUPP-IDEATOINCREASETOURISM(ITEM#188
C.C.P.SEPTEMBER8,1998)
NO.219 That the above mentioned item be and the same is hereby
TRANSFEROFTITLE,URBANHOMESTEAD-15DORRISreceived and filed.ADOPTED
AVENUE(ITEMNO.73,C.C.P.,JULY21,1998)
That the city-owned property commonly known as 15 Dorris NO.227
Avenue, is hereby designated as Homestead Property, and that P.PERONA-SUPPORTPRES.ETC.BFLO.NAVAL&
the Mayor be, and he hereby is authorized to execute a deed SVSMEN'SPK.
transferring said property to Mr. Douglas Ferguson, residing at (ITEM#198C.C.P.SEPTEMBER8,1998)
II Dorris Avenue, in the amount of $1.00 (One Dollar), and all That the above mentioned item be and the same is hereby
costs of transfer, on the condition the property is cleared and received and filed.
improved within six (6) months and maintained in a sanitary ADOPTED
manner.
PASSED. EDUCATION(BARBARAA.KAVANAUGH,CHAIRPERSON)
AYES-13, NOES-0 NO.228PUBLICSCHOOLPARENTALINVOLVEMENT
(ITEM#200C.C.P.JUNE23,1998)
NO.220TRANSFEROFTITLE,URBANHOMESTEAD-112 That the above mentioned item be and the same is hereby
BARTHEL(ITEMNO.121,C.C.P.,SEPT.8,1998) received and filed.
That the city-owned property commonly known as 112 ADOPTED
Barthel, is hereby designated as Homestead Property, and that
the Mayor be, and he hereby is authorized to execute a deed NO.229
transferring said property to Mr. Tyus L. McClain, residing at POLICEC.DIST.STAFFING(ITEM#179C.C.P.MARCH3,
108 Barthel Street, in the amount of $1.00 (One Dollar), and all 1998)
costs of transfer, on the condition the property is cleared and That the above mentioned item be and the same is hereby
improved within six (6) months and maintained in a sanitary received and filed.
manner. ADOPTED
PASSED.
AYES-13, NOES-0 NO.230C.DIST.STAFFING(POL)(ITEM#56
C.C.P.MARCH31,1998)
NO.221TRANSFEROFTITLE,URBANHOMESTEAD-112 That the above mentioned item be and the same is hereby
EDNA(ITEMNO.122,C.C.P.,SEPT.8,1998) received and filed.ADOPTED
That the city-owned property commonly known as 112 Edna,
is hereby designated as Homestead Property, and that the NO.231
Mayor be, and he hereby is authorized to execute a deed POLICEC.DIST.STAFFING(ITEM#90
transferring said property to Ms. Alberta Berry, residing at 108 C.C.P.SEPTEMBER8,1998)
Edna Place, in the amount of $1.00 (One Dollar), and all costs That the above mentioned item be and the same is hereby
of transfer, on the condition the property is cleared and received and filed.
improved within six (6) months and maintained in a sanitary ADOPTED
manner.
PASSED. NO.232
AYES-13, NOES-0 CONCEM-ESTABLISHMENTOFSEXOFFENSE
SQUAD(ITEM#117C.C.P.JANUARY6,1998) THAT
NO.222TRANSFEROFTITLE,URBANHOMESTEAD-THEABOVEMENTIONEDITEMBEANDTHESAMEIS
1626AND1628GENESEE(ITEMNO.123,C.C.P.,SEPT.8,HEREBYRECEIVEDANDFILED.
1998) ADOPTED
That the above item be, and the same hereby is returned to
the Common Council without recommendation. NO.233
Mr. Zuchlewski moved: CONCERN-ESTABLISHMENTOFSEXOFFENSESQUAD
That the city-owned properties commonly known as 1626 (POL)(ITEM#92C.C.P.SEPTEMBER8,1998)
and 1628 Genesee Street, are hereby designated as THATTHEABOVEMENTIONEDITEMBEANDTHESAME
Homestead Property, and that the Mayor be, and he hereby is ISHEREBYRECEIVEDANDFILED.ADOPTED
authorized to execute a deed transferring said properties to
Habitat for Humanity, all costs of transfer, and on the condition NO.234
the homesteader occupy the premises for a period of not less CHANGESHIFTFIRS.FORPOLICEDEPT.(ITEM#205
than thirty-six (36). C.C.P.MARCH3,1998)
PASSED. That the above mentioned item be and the same is hereby
AYES-13, NOES-0 received and filed.
ADOPTED
NO.223TRANSFEROFTITLE,URBANHOMESTEAD-200
PROSPECT(ITEMNO.124,C.C.P.,SEPT.8,1998) NO.235
That the city-owned property commonly known as 200 COPS-DISTRESSNEIGHBORHOODSPILOTPROJ.
Prospect, is hereby designated as Homestead Property, and (ITEM#241C.C.P.JULY21,1998)
that the Mayor be, and be hereby is authorized to execute a That the above mentioned item be and the same is hereby
deed transferring said property to Mrs. Zoraida Matos, residing received and filed.
at 198 Prospect, in the amount of $1.00 (One Dollar), and all ADOPTED
costs of transfer, on the condition the property is cleared and
improved within six (6) months and maintained in a sanitary NO.236
manner. COPS-DISTRESSNEIGHBORHOODSPILOTPROJ.(POL)
PASSED. (ITEM#241C.C.P.JULY21,1998)
AYES-13, NOES-0 That the above mentioned item be and the same is hereby
received and filed.ADOPTED
NO.224 NO.237
B. GRAY-INSPECTIONVIOLATION-141WILLIAM By: Mr. Brown
(ITERN#82C.C.P.JUNE9,1998) DONATIONOF1632GENESEESTREETTOHABITATFOR
That the above mentioned item be and the same is hereby HUMANITY
received and filed. Whereas: The organization, Habitat for Humanity, is working
ADOPTED to create opportunities for residents to own their homes in
economically distressed areas of the City of Buffalo; and
NO.225 Whereas: An essential part of the Masten District
INSPECTIONVIOLATION-141WILLIAM(1TEM#76Improvement Plan is the creation of new, residential housing
C.C.P.JULY21,1998) that is designed to meet the varied needs of upper, middle,
That the above mentioned item be and the same is hereby moderate, and low income families; and
received and filed. Whereas: The Masten District Improvement Plan
ADOPTED recognizes that with an increase in the number of residential
homeowners in economically distressed areas, there will be
measurable progress toward the restabilization of these
communities; and government done, thereby offering tax relief or improvement in
Whereas: The intentions of Habitat for Humanity merge with City provided services. All savings stay in Buffalo and have
the strategies of the Masten District Office to continue the a multiplies effect on the Buffalo economy; and
revitalization of the Genesee/Nevada/Montana area of the Whereas: These savings are contrasted against those
Masten District through specifically assisting low income described in Power Choice; 3.2% over 3 years, with
persons in becoming homeowners; and increases in following years; and
Whereas: The Buffalo Economic Renaissance Corporation Whereas: A municipal electric system will continue to pay
(BERC) owns the parcel of land located at 1632 Genesee taxes in the form of "in lieu of taxes" to the City. Contrary to
Street through their Neighborhood Commercial Land Bank; and the gross misrepresentation by NiMo, the municipal utility
Whereas: BERC has approved the donation of this parcel for will pay in lieu taxes which are equal to taxes presently paid
the purpose of building new residential housing, contingent by NiMo. These in lieu of taxes are included in the "all in"
upon final approval by the City of Buffalo Common Council; and municipal power price which yields savings of 25 to 40%.
Whereas: Habitat for Humanity intends to group the parcel of NiMo is presently the City's highest tax payer, the new
land located at 1632 Genesee Street with the parcels of City municipal utility will also be. No tax base will be lost; and
owned land that they are in the process of acquiring located at Whereas: The City will incur debt in a municipalization
1626 Genesee Street and 1628 Genesee Street for the project but the debt is in the form of revenue bonds, paid for
purpose of building three residential housing units; as part of the electric rate. The debt payment is included in
Now, Therefore, Be It Resolved: the price for electricity which is 25 to 40% lower than NiMo
That this Common Council approves the donation of 1632 rates. It is like the difference between renting or owning
Genesee Street by the Buffalo Economic Renaissance your own home, most of us would rather own a home and
Corporation to the organization Habitat for Humanity for the pay a mortgage (such as municipalization) rather than
purpose of building three residential housing units. pay rent (such as we do with NiMo). In addition, when the
PASSED debt is paid off the municipal electric price will go down
AYES-13, NOES-0 again... contrast with the continued high and increasing
prices paid to NiMo; and
NO.238 Whereas: Competition will not produce lower prices.
By: Mr. Coppola Under competition NiMo will still transmit and distribute
SPECIALCOMMITTEEONTHESTUDYOFpower. If a customer selects another supplier of
MUNICIPALIZATION electricity, NiMo will charge that customer a non by passable
Whereas: The Council President requested the formation of fee which will put the competitive price right where they
a Special Committee on the Study of Municipalization of are at now, nearly double the national average; and
Electrical Services in Buffalo, that request was adopted by Whereas: The municipal utility will not initially have access to
the Common Council at a full Council meeting on September low- cost hydra power, but it will have access to other cheap
8th.; and power on the open market. The municipal utility will be able
Whereas: The first meeting has been scheduled to take to purchase wholesale power at about 21/2 cents per
place on Wednesday, September 23, 1998; and kilowatt hour. NiMo's cost of power is much higher often
Whereas: The Committee's goal is to reduce the high cost of above 7 cents per kilowatt hour. Later, lower cost hydro
electricity in the City of Buffalo; and power will be available to the municipal utility and prices will
Whereas: The committee should file a report with the drop again; and
Common Council, including the need for cost savings that Whereas: NiMo contends that it has 900 employees based in
willl help boost the economic growth in a declining Buffalo Buffalo and that most of those positions would be in
economy; and jeopardy. That is not the case. A municipal utility will need
Whereas: The report should also include impressions of qualified workers. In addition simple economics dictates
visits and discussions with municipal electric departments that lower cost electricity will result in more business with
around the North East US ;and more meaningful well-paying jobs relocating in Buffalo. If
Whereas: A breakdown of all Niagara Mohawk's assets anything, a municipal electric system will insure job security
in the City of Buffalo, the availability of qualified and expand opportunities; and
competent personnel to operate such a municipal electrical Whereas: The job security is contrasted with the top
system and the establishment of a separate board of heavy management first attitude presently exhibited by NiMo.
Commissioners to operate any such municipal system. In the recent past we have seen hundreds of blue collar
Now Therefore Be It Resolved; workers released by NiMo. Those workers who have
That the goal of this commission is to lower Electric Rates remained employed have seen little or no wage increase.
which will contribute to the future development of the City of Meanwhile, NiMo executives have given themselves
Buffalo by attracting new industries and additional employment outrageous bonuses which averaged over $66,000 per
opportunities. executive in 1998. In addition, the NiMo shareholders have
ADOPTED not seen a dividend payment for several years. It appears
the only secure positions in NiMo are the top executives; and
NO239 Whereas: The issues are simple; Do we want to do
By: Mr. Coppola something about high electric rates'' NiMo even under the
FEASIBILITYSTUDYONREDUCINGELECTRICRATESINbest of circumstances can offer a 3.2 % rate decrease over
THECITYOFBUFFALO 3 years. Such a situation will mean that the City of Buffalo
Whereas: The City of Buffalo Common Council formed a continues to pay amongst the highest electric rates in the
Committee on the Study of Municipalization of Electrical country. Should we further investigate municipalization which
Services in Buffalo; and offers electric rate reductions of 25 to 40% ? We should
Whereas: Several recent independent studies, to include ask the voters to decide this issue with us.
feasibility studies done for the towns of Ogdensburg, Now, Therefore, Be It Resolved:
Gouvemor, Potsdam and Canton clearly show that there That this Common Council request the Administration in
are means to avoid stranded costs or exit fees and even if conjunction with this Common Council do a comprehensive
they are payable the towns realize savings of 25 to 40% ;and study into the feasibility of a City owned electric distribution
Whereas: A current feasibility study has not been system at the cost of $50,000 -$125,000.
conducted, such studies are expensive. Prior to taking on Be It Finally Resolved:
such an expense it is prudent to ask the voters for their That an interim progress report be filed with this Common
opinion about high electric rates and their input into the Council no later than November 1, 1998 by the Division of
development of a strategy to achieve lower rates. It is Public Works.
difficult to see how anyone can oppose asking the voters to ADOPTED
express themselves; and
Whereas: The cost of developing a municipal system is well NO.240
defined. The cost must be the value that NiMo is paying By: Mr. Coppola
property taxes on, if it is not, NiMo is paying either too TREEREQUESTS;PARKSDEPARTMENT
much or too little in property taxes. Other costs such as Whereas: This Common Council receives numerous forestry
start up costs, working capital, reserve accounts, and related calls on a daily basis; and
bonding in lieu of taxes are also easily defined. Taking all Whereas: Tree planting, tree removal and tree trimming
these costs into consideration yields a Buffalo municipal requests seem to be the majority of calls received; and
power price 25- 40% lower than the present and Now Therefore, Be It Resolved:
anticipated NiMo prices. A municipal electric system will That the Department of Human Services, Parks & Recreation
offer the following savings: $71.5 million per year, over 1 submit a list of all tree planting, tree removal and tree trimming
billion will be saved over 15 years, $9.55 million to city done in the City of Buffalo for 1997 and 1998; and
Be It Finally Resolved: From:
That the list be submitted and filed with the City Clerk no 81-8 Interfund Transfers
later than Thursday, September 24, 1998 at 2:00 pm. 010 - Transfer to Capital Projects Fund $125,000
REFERRED TO THE COMMITTEE ON COMMUNITY To:
DEVELOPMENT AND COMMISSIONER OF HUMAN 200 Capital Project Fund
RELATIONS PARKS AND RECREATION. 402 - Division of Buildings
063 - Reconstruction of City Owned Swimming & Diving Pools
$125,000
NO.241 PASSES
By: Mr. Coppola, Mr. Fontana and Mr. Zuchlewski AYES-13, NOES-0
ORDINANCEAMENDMENT
CHAPTER511-ZONING NO244
The Common Council of the City of Buffalo does hereby BY:MR.FRANCZYK
ordain as follows: TRANSFEROFFUNDS
That Section 511-95 of Chapter 511 of the Code of the City FRINGEBENEFITS-POLICEANDFIRERETIREMENT
of Buffalo be amended to read as follows: SYSTEM
§ 511-95. Adult uses; uses subject to special regulation. GRANTSINAID-WESTSIDECOMMUNITYSERVICES
A. Adult uses: adult bookstores, adult motion-picture That pursuant to section 42 of the Charter and the Certificate
theaters, including adult video stores, commercial of the Mayor and the Comptroller submitted to the Common
establishments offering private visual presentations or Council, the sum of $5,000 be and the same is hereby
commercial establishments offering body rubs, as defined in § transferred from the Fringe Benefits - Police and Fire
511-4 of this chapter, and exotic cabarets as defined in § 511-4 Retirement System and said sum is hereby reappropriated as
of this chapter. set forth below:
(1) It shall be unlawful to hereafter establish any adult From:
bookstore, adult motion-picture theater, including adult video 100 - General Fund
stores, commercial establishments offering private visual 813 - Fringe Benefits
presentations, commercial establishments offering body rubs 151 - Police and Fire Retirement System $5,000
or exotic cabarets in any district other than a CM- or M-zoned To:
district, within seven hundred fifty (750) feet of another adult 100 General Fund
use or within [five hundred (500)] seven hundred fifty feet of 811 - Human Services
any R-zoned district or any church, school, playground, child- 736 - West Side Community Services $5,000
care center, public park or community center, even if such PASSED
adult use is located or proposed to be located within a CM- or AYES-13, NOES-0
M-zoned district. The word "establish" means to operate such
an adult use as the owner of premises wherein such use is NO.245
contained or as the lessee of premises wherein such use is By: Mr. Franczyk
contained or as an employee of the owner or operator of an BONDRESOLUTION
adult use so established. $6,295,260BONDS
It is hereby certified, pursuant to Section 34 of the Charter, MARINEMIDLANDARENA
that the immediate passage of the foregoing ordinance is INFRASTRUCTURE&RIGHT-OF-WAYIMPROV.
necessary. ACCOUNT200-401
APPROVED AS TO FORM Bond Resolution of the City of Buffalo, New York,
Michael Risman authorizing the issuance of $6,295,260 General
Corporation Counsel Improvement Bonds of said City to finance the cost of
NOTE: Matter in brackets [ ] to be deleted; matter underlined partial reconstruction of various streets, curbs and sidewalks
is new. located in the City, at the estimated total cost of
REFERRED TO THE COMMITTEE ON LEGISLATION, CITY $6,295,260.The Common Council of the City of Buffalo, in
PLANNING BOARD AND CORPORATION COUNSEL. the County of Erie, New York, hereby resolves (by the
favorable vote of not less than two-thirds of all the members
of said Common Council) as follows:
NO.242 Section 1. The Comptroller of the City of Buffalo, in the
By: Mr. Fontana County of Erie, New York, is hereby authorized and directed
REQUESTTOWAIVELICENSE&PERMITFEESFOR to issue General Improvement Bonds of said City in the
EASTLOVEJOYBUSINESSASSOCIATION principal amount of Six Million Two Hundred Ninety-Five
Whereas: On Saturday, October 31, The ELBTA is Thousand Two Hundred Sixty Dollars ($6,295,260),
sponsoring A Halloween Parade which will be a festive pursuant to the provisions of the Charter of said City and the
gathering of Community residents; and Local Finance Law, constituting Chapter 33-a of the
Whereas: The parade will start at 6:00 PM at the bus loop on Consolidated Laws of the State of New York (the "Law"), to
Lovejoy and Goethe Streets and continue down to the finance the cost of partial reconstruction of various streets
Hennepin Park area where it will conclude it's activities by 9:00 near the Marine Midland Arena, and various curbs and
PM sidewalks in relation to the City's Multi-Modal Program. The
Whereas: The ELBTA requests that all licenses and permit estimated total cost of said class of objects or purposes for
fees Related to the parade be waived, and which the bonds authorized by this resolution are to be issued,
Now, Therefore, Be It Resolved: including preliminary costs and costs incidental thereto and
That all license and permit fees be waived for the ELBTA the financing thereof, is $6,295,260 as set forth in the duly
Festivities to be held on October 31,1998 adopted Capital Improvements Budget of said City for fiscal
PASSED year 1998-99, as amended.
AYES-13, NOES-0 Section 2. The proceeds of the sale of the bonds authorized
by this resolution, or any bond anticipation notes issued in
NO243 anticipation of the sale of said bonds shall be deposited in the
By: Mr. Franczyk Capital Projects Fund to the credit of the Department of
TRANSFEROFFUNDS Public Works, Division of Engineering, "Reconstruction of
DIVISIONOFBUDGETANDMANAGEMENT Marine Midland Arena Infrastructure and Right-of-Way
DIVISIONOFBUILDINGS Improvements and Various Infrastructure Improvements
That pursuant to section 42 of the Charter and the Certificate (Multi-Modal Program), 1998-99, Bond Authorization
of the Mayor and the Comptroller submitted to the Common Account No. 200-401, and shall be used for the class of
Council, the sum of $125,000 be and the same is hereby objects or purposes specified in Section I of this resolution.
transferred from the Reserve for Capital Improvements Section 3. The City intends to finance, on an interim basis,
account and said sum is hereby reappropriated as set forth the costs or a portion of the costs of said improvements for
below: which bonds are herein authorized, which costs are
From: reasonably expected to be incurred by the City, pursuant to
100 General Fund this Bond Resolution, in the maximum amount of
81-9 - Exempt Items $6,295,260.
842 - Reserve for Capital Improvements $125,000 This Resolution is a declaration of official Intent adopted
To: pursuant to the requirements of Treasury Regulation
81-8 Interfund Transfers Section 1.150-2.
010 - Transfer to Capital Projects Fund $125,000 Section 4. The following additional matters are hereby
determined and stated: $500,000. This resolution is a declaration of Official Intent
(a) The period of probable usefullness applicable to the class adopted pursuant to the requirements of Treasury
of objects or purposes for which the bonds authorized by this Regulation Section 1. 150-2.
resolution are to be issued within the limitations of Section Section 4. The following additional matters are hereby
11.00 a. 20. of the Law, is fifteen (15) years. determined and stated:
(b) Current funds are not required by the Law to be (a) The building to be partially reconstructed is of at least
provided as a down payment prior to the issuance of the Class "B" construction, as defined by Section 11.00 a.11(b)
bonds authorized by this resolution or any bond of the Law and the period of probable usefulness
anticipation notes issued in anticipation thereof in applicable to the specific object or purpose which the bonds
accordance with Section 107.00 d. 9. of the Law. authorized by this resolution are to be issued, within the
Section 5. Each of the bonds authorized by this resolution limitations of Section 11.00 a. 12(a)(2) of the Local Finance
and any bond anticipation notes issued in anticipation of the Law, is fifteen (15) years.
sale of said bonds and the renewals of said notes shall (b) Current funds are not required by the Law to be
contain the recital of validity prescribed by Section 52.00 of the provided as a down payment prior to the issuance of the
Local Finance Law. Said bonds and said notes shall be bonds authorized by this resolution or any bond
general obligations of the City of Buffalo payable as to both anticipation notes issued in anticipation thereof in accordance
principal and interest by a general tax upon all the taxable with Section 107.00 d. 9 of the Law.
real property within said City without limitation as to rate or Section 5. Each of the bonds authorized by this resolution
amount. The faith and credit of said City are hereby and any bond anticipation notes issued in anticipation of the
irrevocably pledged for the punctual payment of the principal of sale of said bonds and the renewals of said notes shall contain
and interest on said bonds and said notes. Provision shall be the recital of validity as prescribed by Section 52.00 of the
made annually by appropriation by said City for the Local Finance Law. Said bonds and said notes shall be
payment of interest on and for the amounts required for the general obligations of the City of Buffalo payable as to both
amortization and redemption of said bonds and said notes. principal and interest by general tax upon all the taxable real
Section 6. The validity of the bonds authorized by this property within said City without limitation as to rate or amount.
resolution or any bond anticipation notes issued in anticipation The faith and credit of said City are hereby irrevocably
of the sale of said bonds may be contested only if: (a) Such pledged to the punctual payment of the principal of and
obligations are authorized for an object or purpose for which interest on said bonds and said notes. Provision shall be
the City of Buffalo is not authorized to expend money, or (b) made annually by appropriation by said City for the
The provisions of law which should be complied with at the payment of interest on and for the amounts required for the
date of the publication of this resolution are not substantially amortization and redemption of said bonds and said notes.
complied with, and an action, suit or proceeding contesting Section 6. The validity of the bonds authorized by this
such validity, is commenced within twenty days after the date of resolution or any bond anticipation notes issued in anticipation
such publication, of the sale of said bonds, may be contested only if-
or (a)such obligations are authorized for an object or purpose
(c) Such obligations are authorized in violation of the for which the City of Buffalo is not authorized to expend
provisions of the constitution. money, or
Introduced: September 22, 1998 (b) the provisions of law which should be complied with at the
LAID ON THE TABLE date of the publication of such resolution are not substantially
complied with, and an action, suit or proceeding contesting
NO246 such validity, is commenced within twenty days after the date
By: Mr. Franczyk: of such publication, or
BONDRESOLUTION (c) such obligations are authorized in violation of the
$500,000BONDS provisions of the constitution.
SCHOOL#62CONVERSION-PHASEII Introduced: September 22, 1998
ACCOUNTNO.200-402 LAID ON THE TABLE
Bond Resolution of the City of Buffalo, New York,
authorizing the issuance of $500,000 General Improvement NO247
Bonds of said City, to finance the 1998-99 phase cost of By: Mr. Franczyk:
partial reconstruction of the former School No. 62 building, BONDRESOLUTION
located at 382 Urban Street, to provide a Community $110,000BONDS
Center, at the estimated maximum cost of $500,000. ALLEYWAYTHEATREROOF
The Common Council of the City of Buffalo, in the REPLACEMENT
County of Erie, New York, hereby resolves (by the favorable ACCOUNT200-717
vote of not less than two-thirds of all the members of said Bond Resolution of the City of Buffalo, New York,
Common Council as follows: authorizing the issuance of $110,000 General Improvement
Section 1. The Comptroller of the City of Buffalo, in the Bonds of said City, to finance the cost of the partial
County of Erie, New York (herein called "City"), is hereby reconstruction of the Alleyway Theatre located at One Curtain
authorized and directed to issue General Improvement Up Alley between the Main Street Mall and Pearl Street, at
Bonds of said City in the principal amount of Five Hundred the estimated maximum cost of $110,000.
Thousand Dollars ($500,000), pursuant to the provisions The Common Council of the City of Buffalo, in the County
of the Charter of said City and the Local Finance Law, of Erie, New York, hereby resolves (by the favorable vote of
constituting Chapter 33-a of the Consolidated Laws of the not less than two-thirds of all the members of said Common
State of New York (the "Law"), to finance the 1998-99 Council as follows:
phase cost of partial reconstruction of the former School Section 1. The Comptroller of the City of Buffalo, in the
No. 62 building, located at 382 Urban Street, to provide a County of Erie, New York (herein called "City"), is hereby
Community Center, including construction of a recreational authorized and directed to issue General Improvement Bonds
and day care facility. The estimated maximum cost of said of said City in the principal amount of One Hundred Ten
specific object or purpose for which the bonds authorized by Thousand Dollars ($110,000), pursuant to the provisions of
this resolution are to be issued, including preliminary costs the Charter of said City and the Local Finance Law,
and costs incidental thereto and the financing thereof, is constituting Chapter 33-a of the Consolidated Laws of the
$500,000 as set forth in the duly adopted Capital State of New York (the "Law"); to finance the cost of the
Improvements Budget of said City for fiscal year 1998-99, partial reconstruction of the Alleyway Theatre located at one
as amended. Curtain Up Alley between the Main Street Mall and Pearl
Section 2. The proceeds of the sale of the bonds authorized Street, including roof replacement. The estimated maximum
by this resolution, or any bond anticipation notes issued in cost of said specific object or purpose for which the bonds
anticipation of the sale of said bonds, shall be deposited in the authorized by this resolution are to be issued, including
Capital Projects Fund to the credit of the Department of preliminary costs and costs incidental thereto and the
Public Works, Division of Buildings, " "School #62 financing thereof, is $110,000, as set forth in the duly
Conversion- Phase II, 1998-99, " Account No. 200-402, and adopted Capital Improvements Budget of said City for fiscal
shall be used for the specific object or purpose specified year 1998-99, as amended.
in Section 1 of this resolution. Section 2. The proceeds of the sale of the bonds
Section 3. The City intends to finance, on an interim basis, authorized by this resolution, or any bond anticipation notes
the costs or a portion of the costs of said improvements for issued in anticipation of the sale of said bonds, shall be
which bonds are herein authorized, which costs are deposited in the Capital Projects Fund to the credit of the
reasonably expected to be incurred by the City, pursuant to Department of Community Development, Division of
this Bond Resolution, in the maximum amount of Development, "Alleyway Theatre Roof Replacement, 1998-
9911, Bond Authorization Account No. 200-717, and shall be charged a fee as specified in Chapter 175.]
used for the purpose specified in Section 1 of this resolution. Sec. 264-12. Fees.
Section 3. The City intends to finance, on an interim basis, A Rental Housing Business License shall be issued until
the costs or a portion of the costs of said improvements for the Commissioner receives the application fee, inspection
which bonds are herein authorized, which costs are fee and license fee in accordance with the schedule in
reasonably expected to be incurred by the City, pursuant to Chapter 175.]
this Bond Resolution, in the maximum amount of $110,000. [B.] The Commissioner shall review the fee schedule annually
This resolution is a declaration of Official Intent adopted and recommend changes as he deems appropriate to the
pursuant to the requirements of Treasury Regulation Section Common Council.
1.150-2. It is hereby certified, pursuant to Section 34 of the Charter,
Section 4. The following additional matters are hereby that the immediate passage of the foregoing ordinance is
determined and stated: necessary.
(a) The existing building is of Class "B" construction APPROVED AS TO FORM
as defined by Section 11.00 a. 11. (b) of the Law, and the Michael Risman
period of probable usefulness applicable to the said specific Corporation Counsel
object or purpose for which the bonds authorized by this NOTE: Matter in brackets to be deleted.
resolution are to be issued, within the limitations of Section PASSED
11.00 a.12.(a)(2) of the Local Finance Law, is fifteen (15) AYES-13, NOES-0
years.
(b) Current funds are not required by the Law to be provided NO249
as a down payment prior to the issuance of the bonds BY: MS. GRAY
authorized by this resolution or any bond anticipation notes SALARYORDINANCEAMENDMENT
issued in anticipation thereof in accordance with Section 40-DEPARTMENTOFPUBLICWORKS
107.00 d. 9. of the Law. 2-DIVISIONOFBUILDINGS
Section 5. Each of the bonds authorized by this resolution 22PLANNING&DESIGNOFPUBLICBUILDINGS
and any bond anticipation notes issued in anticipation of the The Common Council of the City of Buffalo does ordain as
sale of said bonds and the renewals of said notes shall contain follows:
the recital of validity as prescribed by Section 52.00 of the That part of Section 1 of Chapter 35 of the Code of the City
Local Finance Law. Said bonds and said notes shall be of Buffalo, relating to 40 Department of Public Works 2 -
general obligations of the City of Buffalo payable as to both Division of Buildings - 022 Planning and Design of Public
principal and interest by general tax upon all the taxable real Buildings which reads:
property within said City without limitation as to rate or amount. 3 Building Code Specialists $36,566 - $42,303
The faith and credit of said City are hereby irrevocably Is hereby amended to read:
pledged to the punctual payment of the principal of and 2 Building Code Specialists $36,566 - $42,303
interest on said bonds and said notes. Provision shall be 1 Chief Building Inspector $38,541 - $44,571
made annually by appropriation by said City for the payment IT IS HEREBY CERTIFIED, pursuant to Section 34 of the
of interest on and for the amounts required for the Charter, that the immediate passage of the foregoing
amortization and redemption of said bonds and said notes. ordinance is necessary.
Section 6. The validity of the bonds authorized by this WE, JOSEPH N. GIAMBRA , Commissioner of Public
resolution or any bond anticipation notes issued in Works, and JAMES B. MILROY, Director of the Budget,
anticipation of the sale of said bonds, may be contested only if: hereby certify that the above change is necessary for the
(a) such obligations are authorized for an object or purpose for proper conduct, administration and performance of essential
which the City of Buffalo is not authorized to expend money, or services of that department. We recommend that the
(b) the provisions of law which should be complied with at compensation for said position be fixed at the respective
the date of the publication of such resolution are not amount set forth in the foregoing ordinance.
substantially complied with, and an action, suit or proceeding That a personnel requisition incident to the creation of the
contesting such validity, is commenced within twenty days after above-mentioned position containing a statement of the duties
the date of such publication, or for such position, has been filed with the Municipal Civil
(c) such obligations are authorized in violation of the Service Commission, and said Commission has approved and
provisions of the constitution. certified the position title set forth in the foregoing ordinance
Introduced: September 22, 1998 as being the appropriate Civil Service title for the proposed
LAID ON THE TABLE position
PASSED
NO248 AYES-13, NOES-0
By: Mr. Franczyk and Ms. Kavanaugh
ORDINANCEAMENDMENT NO.250
CHAPTER264-LICENSINGOFRENTALHOUSINGBy: Mr. Helfer
BUSINESS REQUESTORDINANCEAMENDMENTREGARDING
The Common Council of the City of Buffalo does hereby VARIOUSANIMAL-RELATEDISSUES
ordain as follows: Whereas: Recent news reports have highlighted the
That Chapter 264 of the Code of the City of Buffalo be fact that there are numerous issues of concern regarding
amended to read as follows: animals in the City of Buffalo; and
Sec. 264-6. Issuance or Denial of Rental Housing Business Whereas: These issues include, but are not limited
License. to, slaughtering live animals, butchering dead animals, keeping
A. After issuance of a provisional license, the Commissioner farm animals and/or exotic animals in domestic situations, and
shall, within a reasonable period of time not to exceed staging animal fights; and
twenty-four (24) months, cause to be conducted an Whereas: The Charter of the City of Buffalo does
inspection of the subject building and dwelling units therein. not specifically address the aforementioned issues of concern;
Upon completion of an inspection of a building and and
dwelling units therein, if the Commissioner finds compliance Whereas: Without a section in the Charter that
with the housing code and the requirements of this Chapter, specifically pertains to these crucial issues, City officials have
a Rental Housing Business License shall be issued if the very limited power with which to address and rectify any
applicant has paid all inspection fees and the license fee resulting problems; and
pursuant to Chapter 175 . Whereas: The result is that numerous problematic
Sec. 264-9. Transfer of Rental Housing Business License or situations, including slaughtering animals in the presence of
Provisional License. children and housing dangerous exotic animals, have arisen;
A. Rental Housing Business License issued pursuant to and
this Chapter is transferable, to any person who has acquired Whereas: These situations negatively impact the
ownership of a licensed building for the unexpired portions of quality of fife for residents of the surrounding areas and often
the three-year term for which it was issued, provided that an eventually result in injury and/or death for the animals; and
application to transfer such license is filed with the Whereas: Providing the appropriate City officials
Commissioner within thirty days (30) of title transfer and the with the means to address these problems would benefit the
dwelling units therein are in compliance with the housing residents of the City of Buffalo who have to tolerate these
code. A provisional license issued pursuant to this Chapter is situations and would result in fewer animal injuries and deaths;
transferable provided that an application to transfer such Now, Therefore, Be It Resolved:
license is filed with the Commissioner within thirty days (30) That the Buffalo Common Council requests that the
of title transfer. [Any transfer pursuant to this Section shall be Corporation Counsel prepare an ordinance amendment to
include the following: respond to crises in our communities; and
1. It is illegal to slaughter live animals and/or butcher dead Whereas: Animal shelters provide animals with comfort and
animals in the City of Buffalo. care; these facilities are safe havens fbr homeless and
2. It is illegal to house most farm and exotic animals in the abused animals; and
City of Buffalo. Whereas: Animal shelters help people and animals in
3. It is illegal to stage fights between any animals in the City numerous ways, including returning lost pets to their
of Buffalo. owners, enforcing animal control laws, rescuing injured
4. The City of Buffalo Police Department and City of Buffalo animals, educating the public about animal-related issues,
Animal Shelter personnel shall have the powers necessary to and matching potential owners with new animal companions;
enforce these ordinances. and
REFERRED TO THE COMMITTEE ON LEGISLATION AND Whereas: Unfortunately, many citizens are unaware of the
CORPORATION COUNSEL. numerous services animal shelters provide;
Now, Therefore, Be It Resolved:
NO.251 That the Buffalo Common Council recognizes the valuable
By: Mr. Helfer and Mr. Zuchlewski services provided by the City of Buffalo Animal Shelter and
REQUESTORDINANCEAMENDMENTREGARDINGsimilar facilities throughout the country; and
POLICEUNIFORMPOLICY Be It Further Resolved:
Whereas: A recent article in the Buffalo News That this Honorable Body, in recognition and appreciation
highlighted a current policy conflict between the Buffalo Police for these services, declares November 1-7, 1998, "National
Department and the Police Benevolent Association (PBA); and Animal Shelter Appreciation Week" in the City of Buffalo.
Whereas: At issue is the Buffalo Police ADOPTED
Department's order prohibiting officers from wearing their
uniforms while working security jobs during their off-duty hours; NO.253
and By: Ms. Kavanaugh
Whereas: In this Buffalo News article, Buffalo Police PROTESTEXPANSIONOFCANADIANSEALHUNT
Department officials cited exposure to an increased chance of Whereas: The Canadian commercial seal hunt, once thought
lawsuits against the City of Buffalo as the rationale for this to have been effectively ended, has began to increase once
prohibition; and again at an alarming rate; and
Whereas: PBA officials, however, argue that police Whereas: The hunt was curtailed in the 1980s because of
officers are "expected to uphold the law at all times and are the international outcry over the cruelty used in the slaughter, a
indemnified whether they are in or out of uniform and on the job cruelty that has returned again with the new hunt; and
or off the job"; and Whereas: According to the International Fund for Animal
Whereas: Police officials from many other Western Welfare (IFAW), the number of seals killed continues to grow
New York communities are quoted, in the aforementioned each year, with at least one Canadian government scientist
article, as agreeing with PBA officials. Amherst, for example, stating that up to 500,000 seals may have been killed in the
allows its officers to wear uniforms while they are acting as 1996 spring hunt, far exceeding the Canadian
private security during their off duty hours, except when they government's own hunt quota, which rose from 194,000 in
are working on private property; and 1995 to258,000 in 1996; and
Whereas: Many suburban police officials opined that Whereas: The commercial seal hunt is the largest slaughter
it is beneficial to allow police officers to wear their uniforms of marine marrunals in the world and could quickly lead to the
while they are working security jobs during their off-duty hours extinction of the Canadian seals, just as Atlantic walruses and
because it creates the perception of increased police presence; Atlantic gray whales were hunted to extinction; and
and Whereas: Even though Canadian policy requires full
Whereas: The Bailey Amherst District Management utilization of the seal bodies after they are killed, video evidence
Association (BADMA) recently hired off-duty Buffalo Police obtained by IFAW shows many skinned carcasses left to rot
Officers to patrol Bailey Avenue; and after their pelts were cut off-, and
Whereas: BADMA officials viewed this initiative as a Whereas: Critics claim that the demand for most seal
way to increase the police. presence along Bailey Avenue while products is so weak that the Canadian government must
simultaneously strengthening the business district; and subsidize the hunt to make it commercially viable; and
Whereas: The Buffalo Police Department order Whereas: Polling performed by Angus Reid in Canada
prohibiting officers from wearing their uniforms while off-duty, shows that a majority of Canadians oppose the commercial
even in situations such as the BADMA initiative described seal hunt; and
above, was a great disappointment to both BADMA officials Whereas: On March 31, 1998, ten U.S. Senators, including
and the officers that BADMA hired; and both Senators from New York, sent a letter to the Premier of
Whereas: Buffalo Police Department officials, in Newfoundland and Labrador calling upon him to work for the
conjunction with the City of Buffalo Corporation Counsel, cited curtailment of the hunt,
a provision in the City charter which states that officers can Now, Therefore, Be It Resolved:
wear their uniforms only when they are on duty or "in going to That this Common Council joins with those in Canada and
or returning from their tour of duty", around the world who oppose the Canadian commercial seal
Now, Therefore, Be It Resolved: hunt and calls upon the Canadian government to stop
That the Buffalo Common Council requests that the City of subsidizing and promoting this slaughter; and
Buffalo Corporation Counsel prepare an ordinance amendment Be It Further Resolved:
that would make it possible for Buffalo Police Officers to wear That the City Clerk send a certified copy of this Resolution to
their Police Department uniforms while they are working as the Canadian Consulate General in Buffalo.
security officers during their off-duty hours. This ordinance ADOPTED
amendment should make it clear that this permission to wear
uniforms does not apply when. Buffalo Police officers are
working on NO.255
REFERRED TO THE COMMITTEE ON LEGISLATION, BY:MRS.LOTEMPIOANDMR.HELFER
CORPORATION COUNSEL AND COMMISSIONER OF INDEPENDENTHEALTHINSURANCECOVERAGE
POLICE. Whereas: Recently, Independent Health Insurance
changed their insurance policy for Senior Citizen health care
NO.252 which offers less health coverage than previously offered; and
By: Mr. Helfer Whereas: Accompanying this change in benefits for
DESIGNATENOVEMBER1-7,1998,"CITYOFSenior Citizens, it has come to our attention that there was also
BUFFALOANIMALSHELTERAPPRECIATIONWEEK" a change in general coverage for all Independent Health
Whereas: There are more than 66 million cats and 58 subscribers; and
million dogs living in households across the United States. Whereas: It has been reported that City employees
Unfortunately, some pet owners are irresponsible and allow have been denied certain prescription coverage of medications
their pets to run loose and unsupervised; and that were normally and previously administered and covered
Whereas: This lack of supervision causes many problems, under the Independent Health Insurance plan; and
including a threat to public safety. If the animals in question Whereas: The patrons of Independent Health are very
have not been spayed or neutered, their activities have the surprised and upset in finding that by December 1, 1998, they
potential to contribute to pet overpopulation; and will be asked to pay in full for their prescriptions or to accept
Whereas: Animal shelter employees must respond to these Independent Health substitute; and
problems and crises, much the same way that police Whereas: The City negotiates contracts with all
officer, firefighters, and emergency medical personnel health carriers to provide proper and adequate health care
benefits to their employees and their employees families; and Whereas: This plan, where 93 of the 163 jobs are in
Whereas: These contracts are bid and negotiated by the maintenance department and in middle management, came
the Division of Labor Relations and the City's unions; and unexpectedly, without union input; and
Whereas: It would be plausible that a change in Whereas: There is significant cause for concern in
terms and agreements of these contracts by the providers must ensuring that proper and adequate service to low-income
be reported and negotiated back to the City and its' unions for tenants is provided. Questions have been raised as to whether
approval as to ensure a fair price for adequate health care; and or not this swift and drastic plan is a hasty BMHA reaction
Whereas: Should these rumors prove true, the City without much forethought to devising and maintaining a
must take action for any violations found in any provider sufficient organizational work plan; and
contract that would reduce the benefits of the subscriber; and Whereas: The City of Buffalo has constructively
Now, Therefore, Be It Resolved: reduced their workforce costs through other means such as
That the Division of Labor Relations investigate any violations attrition; and
in terms and agreements of the Independent Health insurance Whereas: It would be in the best interest for all
contract, as well as all the City's health care provider contracts, parties involved to discuss more appropriate measures in
and report its findings back to this Common Council as soon rectifying Finding 6;
as possible; and Now, Therefore, Be It Resolved:
Be it Finally Resolved: That this Common Council request that the Buffalo Municipal
That should it be found there are violations of terms and Housing Authority (BMHA) file their current, written plan to
agreements that resulted in changes in employee coverage, the rectify all of Finding 6 with the City Clerk, Room 1308, City
City of Buffalo's Law Department immediately start proceedings Hall, immediately, for this Honorable Body's review; and
to remediate these violations. Be It Further Resolved:
REFERRED TO THE SPECIAL COMMITTEE ON TAYLOR The Board of Commissioners at the Buffalo Municipal
LAW IMPASSE, CORPORATION COUNSEL, Housing Authority postpone any further decisions in laying off
COMMISSIONER OF ADMINISTRATION AND FINANCE, employees until the union, Department of Housing and Urban
CITY UNIONS AND INDEPENDENT HEALTH. Development, the City Administration and this Common
Council have the opportunity to meet and discuss this matter;
NO.262 and
By: Ms. Miller-Williams Be It Further Resolved:
REQUESTREPORTSONJUSTICEDEPARTMENTGRANT That this Common Council urge the Department of Housing
Whereas: Recently, an article appeared in the and Urban Development not to approve any layoff plan until
Buffalo Criterion in which Congressman Jack Quinn stated that further joint discussion; and
the City of Buffalo is targeted to receive a U.S. Justice Be it Finally Resolved:
Department grant of more than $1.5 million for its crime That the Executive Director, Assistant Executive Director,
prevention efforts and for public safety improvements; and and Board of Commissioners of the BMHA, representatives
Whereas: The funding will enhance the crime from HUD, representatives from Local 264, as well as the
prevention efforts of law enforcement agencies that are fighting general public, meet to discuss this matter at a special meeting
the most serious, violent crimes in the community. This grant of Committee on Community Development to be held
will provide police officers with the ability to perform their jobs Thursday, September 24, 1998, at 7pm, in Council
more efficiently by allowing them to spend more time out on REFERRED TO THE COMMITTEE ON COMMUNITY
patrol, and will help their efforts to reduce crime and DEVELOPMENT, BUFFALO MUNICIPAL HOUSING
significantly improve public safety; and AUTHORITY, HOUSING AND URBAN DEVELOPMENT,
Whereas: The grant will provide funding to the COMMISSIONER OF ADMINISTRATION AND FINANCE,
Buffalo Police Department to obtain equipment and strengthen AND AFSCME LOCAL 264.
technology to assist officers. It will also be used to improve
security measures at schools and locations that are at-risk for NO268
crime incidents, as well as support drug courts and develop UNFINISHEDBUSINESS
cooperatives community oriented crime prevention programs in
which police and citizens work together to control crime; and BONDRESOLUTION
Whereas: The City will be required to provide $10,000,000-MICHIGANAVE.BRIDGE
$173,268 in matching funding; (RES.227,C.C.P.,SEPT.8,1998)
Now, Therefore, Be It Resolved: Mrs. LoTempio moved that the above item be taken from the
That the Common Council requests the Police Department table.
and the Department of Administration & Finance to submit Seconded by
reports specifically outlining the City's spending plan for this CARRIED
$1.5 million grant, and also the specific requirements and/or Mrs. LoTernpio now moved approval of the above item.
guidelines of the grant. Seconded by
REFERRED TOTHE COMMITTEE ON FINANCE, PASSED
COMMISSIONER OF ADMINISTRATION AND FINANCE,
CORPORATION COUNSEL AND COMMISSIONER OF NO269
POLICE. BONDRESOLUTION
$8,650,000-HERTELAVE.RECONST
(RES.228,C.C.P.,SEPT.8,1998)
NO.264 Mrs. LoTempio moved that the above item be taken from the
By: Messrs. Dale Zuchlewski and James Pitts, Mrs. table.
LoTempio, Mrs. Williams, Seconded by Mr. Franczyk
BMHALAYOFFS CARRIED
Whereas: The Buffalo News reported that the Mrs. LoTempio now moved approval of the above item.
Buffalo Municipal Housing Authority will be eliminating 163 jobs Seconded by Mr. Fontana
over the next five years; and PASSED
Whereas: This plan is in response to the
Department of Housing and Urban Development Inspector
General's Audit Report of June, 1996, Finding 6; and NO270
Whereas: In general, Finding 6 found that staffing BONDRESOLUTION
levels and overtime costs exceeded HUD guidelines, personnel $4,310,000-INFRASTRUCTUREIMPROVEMENTS
and travel practices lacked control, and that Commissioners (RES.229,C.C.P.,SEPT.8,1998)
were receiving compensation in breach of the ACC; and Mrs. LoTempio moved that the above item be taken from the
Whereas: HUD said these findings were directly table.
attributed to poor management and the failure to evaluate staff, Seconded by Mr. Franczyk
to keep a personnel policy, and to abide by administrative CARRIED
policies; and Mrs. LoTempio now moved approval of the above item.
Whereas: The original Audit Report had a total of 9 Seconded by Mr. Fontana
Findings, all of them rectified by November 1997, except for PASSED
Finding 6. The intentional neglect in rectifying all issues in
Finding 6 caused HUD administrators to reopen this case; and NO271
Whereas: As a result, the BMHA board has BONDRESOLUTION
approved a plan to eliminate 163 jobs over the next five years to $3,000,000-SQUAWISLAND
address the excessive staff levels; and (RES.230,C.C.P.,SEPT.8,1998)
Mrs. LoTempio moved that the above item be taken from the
Mrs. LoTempio moved that the above item be taken from the table.
table. Seconded by Mr. Franczyk
Seconded by Mr. Franczyk CARRIED
CARRIED Mrs. LoTempio now moved approval of the above item.
Mrs. LoTempio now moved approval of the above item. Seconded by Mr. Fontana
Seconded by Mr. Fontana PASSED
PASSED
NO280
NO272 BONDRESOLUTION
BONDRESOLUTION $300,000-ALLENDALETHEATER
$2,500,000-GEN.ST.RECONST. (RES.239,C.C.P.,SEPT.8,1998)
(RES.231,C.C.P.,SEPT.8,1998) Mrs. LoTempio moved that the above item be taken from the
table.
Mrs. LoTempio moved that the above item be taken from the Seconded by Mr. Franczyk
table. CARRIED
Seconded by Mr. Franczyk Mrs. LoTempio now moved approval of the above item.
CARRIED Seconded by mr. Fontana
Mrs. LoTempio now moved approval of the above item. PASSED
Seconded by Mr. Funtana
PASSED NO281
BONDRESOLUTION
NO273 $275,000-ERIEBASINMARINA-PHASEV
BONDRESOLUTION (RES.240,C.C.P.,SEPT.8,1998)
$1,750,000-APOLLOTHEATER. Mrs. LoTempio moved that the above item be taken from the
(RES.232,C.C.P.,SEPT.8,1998) table.
Mrs. LoTernpio moved that the above item be taken from the Seconded by Mr. Franczyk
table. CARRIED
Seconded by Mr. Franczyk Mrs. LoTempio now moved approval of the above item.
CARRIED Seconded by Mr. Funtana
Mrs. LoTempio now moved approval of the above item. PASSED
Seconded by Mr. Fontana
PASSED NO282
BONDRESOLUTION
NO274 $250,000-NIAGARAST.RECONST
BONDRESOLUTION (RES.241,C.C.P.,SEPT.8,1998)
$1,416,000-LOC.MATCHRESERVE-ROADS. Mrs. LoTernpio moved that the above item be taken from the
(RES.233,C.C.P.,SEPT.8,1998) table.
Mrs. LoTempio moved that the above item be taken from the Seconded by Mr. Franczyk
table. CARRIED
Seconded by Mr. Franczyk Mrs. LoTempio now moved approval of the above item.
CARRIED Seconded by Mr. Font-ana
PASSED
Mrs. LoTempio now moved approval of the above item.
Seconded by Mr - Fontana NO283
PASSED BONDRESOLUTION
$200,000-NIAGARAST.IMPROVEMENTS
NO275 (RES.242,C.C.P.,SEPT.8,1998)
BONDRESOLUTION
$850,000-LOC.MATCHRESERVE-BRIDGES Mrs. LoTempio moved that the above item be taken from the
(RES.234,C.C.P.,SEPT.8,1998) table.
Mrs. LoTempio moved that the above item be taken from the Seconded by Mr. Franc7yk
table. CARRIED
Seconded by Mr. Franczyk Mrs. LoTempio now moved approval of the above item.
CARRIED Seconded by Mr. Fontana
Mrs. LoTempio now moved approval of the above item. PASSED
Seconded by Mr- Fontana
PASSED NO284
BONDRESOLUTION
NO276 $100,000-HANDICAPPEDRAMPS
BONDRESOLUTION (RES.243,C.C.P.,SEPT.8,1998)
$725,000-ERIEBASINMARINA Mrs. LoTempio moved that the above item be taken from the
(RES.235,C.C.P.,SEPT.8,1998) table.
Mrs. LoTempio moved that the above item be taken from the Seconded by Mt. Franczyk
table. CARRIED
Seconded by Mr- Franczyk Mrs. LoTempio now moved approval of the above item.
CARRIED Seconded by Mr. Fontana
Mrs. LoTempio now moved approval of the above item. PASSED
Seconded by Mr. Fontana
PASSED NO285
L.L.INTRO.#11(1998)-TAXGROSSINCOMES,ETC.-
NO277 UTILITYSVS.
BONDRESOLUTION (RES.269,C.C.P.,SEPT.8,1998)
$500,000-ELMWOODAVE.PROJECT Mrs. LoTempio moved that the above item be taken from the
(RES.236,C.C.P.,SEPT.8,1998) table.
Mrs. LoTempio moved that the above item be taken from the Seconded by Mr. Franczyk
table. CARRIED
Seconded by Mr. Franczyk Mrs. LoTempio now moved approval of the above item.
CARRIED Seconded
Mrs. LoTempio now moved approval of the above item. PASSED
Seconded by Mr. Fontana
PASSED
NO279
BONDRESOLUTION
$450,000-DELAVANARMORYDEMO
(RES.238,C.C.P.,SEPT.8,1998)