HomeMy WebLinkAbout97-0415
No. 8
COMMON COUNCIL
PROCEEDINGS
OF THE
CITY OF BUFFALO
APRIL 15, 1997
TASKFORCES
MAYOR AUDITORIUM AND STADIUM TASK FORCE:
Hon. Anthony M. Masiello James W. Pitts, chairman, Kevin J. Helfer, Bonnie K.
Lockwood, Rosemarie LoTempio , Corporation
COMPTROLLER Counsel/Designee, Commissioner of Public Works/Designee,
Joel A. Giambra Commissioner of Community Development/Designee,
Commissioner of Administration and Finance/Designee,
COMMON COUNCIL President of Development Downtown.
PRESIDENT OF THE COUNCIL
James W. Pitts ERIE BASIN MARINA TASK FORCE: James W.
Pitts, Chairman, Kevin J. Helfer, Bonnie K. Lockwood,
PRESIDENT PRO TEMPORE Comptroller/Designee, Commissioner of Public
David A. Franczyk Works/Designee, President of Slip Renter’s Assoc/Designee,
Buffalo Sabres/Aud Club.
MAJORITY LEADER
Rosemarie Lo Tempio PARKS CONSERVANCY TASK FORCE: David
Franczyk, Chairman, Kevin J. Helfer, Dale L. Zuchlewski, John
COUNCILMEMBERS-AT-LARGE Scardino, Robert Kresse, Pamela DiPalma, Mark Mistretta,
Beverly Gray Albert Howard, Marge Miller, Patty Farrell, Jack McGowan,
Barbara Kavanaugh Thomas J. Barnes, Wes Olmsted, Robert Meldrum, Paula
Rosemarie LoTempio Mulligan, Louise Snyder, Rev. Benny Sheppard, Friends of
Olmsted desingee, Commissioner of Parks/Designee,
DISTRICTCOUNCILMEMBERS Commissioner of Public Works/Desingee, Commissioner of
ALFRED T. COPPOLA - DELAWARE Community Development/Designee.
BARBARA MILLER-WILLIAMS - ELLICOTT
DAVID A. FRANCZYK - FILLMORE GREENWAY TASK FORCE: Bonnie Kane-
DAVID J. CZAJKA - LOVEJOY Lockwood, Chairman, James August, Frederick Holman, Barry
BYRON BROWN - MASTEN Boyer, Allan Jamieson, Lucy Cook, Jesse Kregal, Mark
ROBERT QUINTANA - NIAGARA Mistretta, Thomas Pallas, Philip Snyder, Lorraine Pierro,
DALE ZUCHLEWSKI - NORTH Cynthia Schwartz, Ann Poole, Suzanne toomey-Spinks, Dr.
BONNIE KANE LOCKWOOD - SOUTH Rae Rosen, MargaretWooster, Jerry Malloy, David P.
KEVIN J. HELFER - UNIVERSITY Comerford, Tammy Barnes, Terry Wherry
CARBON MONOXIDE TASK FORCE: David
REGULARCOMMITTEES Czajka, Chairman, Fred Larson, Matthew Baudo, Paul
Mielcarek, David Pierowicz, Phil Haberstro, Mike Rabb, Donna
CIVIL SERVICE COMMITTEE: David J. Czajka, DeCarolisle, jay Burney, Mark Kubiniec, Yerby Dixon
Chairman, Alfred T. Coppola, Kevin J. Helfer, David Franczyk,
Bonnie Kane-Lockwood, Members
CLAIMS COMMITTEE: Bonnie K. Lockwood, Chairman,
Kevin J. Helfer, Alfred T. Coppola, David Franczyk, Barbara
Miller-williams, Members
COMMUNITY DEVELOPMENT COMMITTEE: Dale L.
ZUCHLEWSKI Chairman, Barbara Miller-Williams, Byron
Brown, Kevin J. Helfer, Robert Quintana, Rosemarie LoTempio
Members.
FINANCE COMMITTEE: David Franczyk, Chairman,
Byron Brown, Beverly Gray, Kevin J. Helfer, Bonnie Lockwood,
Dale Zuchlewski Members.
LEGISLATION COMMITTEE: Alfred T. Coppola,
Chairman, David J. Czajka, Kevin J. Helfer, Rosemarie
LoTempio , Robert Quintana, Barbara Kavanaugh Members
RULES COMMITTEE: James W. Pitts, Chairman Kevin
J. Helfer, Rosemarie LoTempio , Members
EDUCATION COMMITTEE: Barbara A. Kavanaugh
Chairman, Dale Zuchlewski, Kevin J. Helfer, Beverly Gray,
Bonnie K. Lockwood, Barbara Miller-Williams Members
SPECIALCOMMITTEES
TELECOMMUNICATIONS COMMITTEE: James W.
Pitts, Chairman, Beverly Gray, Robert Quintana, Alfred T.
Coppola, Kevin J. Helfer
BUDGET COMMITTEE: Rosemarie LoTempio ,
Chairman, Alfred T. Coppola, David Franczyk, Kevin J. Helfer,
Byron Brown
ERIE BASIN MARINA LEASE COMMITTEE: James
W. Pitts, Chairman, Kevin J. Helfer, Bonnie K. Lockwood, Carl
a. Perla, Jr.
POLICE REORGANIZATION COMMITTEE: David J.
Czajka Chairman, Kevin J. Helfer, Rosemarie LoTempio
CORPORATION PROCEEDINGS
PRESENT - James W. Pitts President of the Council,
and and Council Members Brown, Coppola, Czajka,
COMMONCOUNCIL Franczyk, Gray, Helfer, Kavanaugh, Lockwood,
CITYHALL-BUFFALO LoTempio, Pitts, Quintana, Williams and Zuchlewski - 13.
TUESDAY,APRIL15,1997
AT2:00P.M. ABSENT - None.
On a motion by Mrs. LoTempio, seconded by Mr. NO.2
Czajka, the minutes of the stated meeting held on April 1, R.BENDERSON,REQUESTTOERECTTWOGROUND
1997 were approved. SIGNSAT2141ELMWOODAVENUE
ITEMNO.86,C.C.P.,4/1/97
FROMTHEMAYOR The City Planning Board at its regular meeting held
Tuesday, April 8, 1997 considered the matter captioned
FROMTHEMAYOR pursuant to section 387-19 of the Buffalo Code, Review of
Ground Signs.
NO.1 The applicant seeks to place two accessory ground
DEPARTMENTOFJUSTICELOCALLAWENFORCEMENT signs. One sign will have a sign face which measures 6 feet
BLOCKGRANT by 4 feet 9 inches and will be 8.5 feet in overall height. The
As you are aware, the departments of Police and second sign will have a sign face measuring 3 feet by 3 feet
Community Development collaborated with Erie County in and will be 6 feet in overall height. The site is located in an Ml
applying for Local Law Enforcement Block Grant (LLEBG) zone which permits such signs. Under SEQR the proposed
monies through the Department of Justice (DOJ). The total signs are considered a Type 2 action which does not require
award of the grant is $1,394,612 with a DOJ required 10% further environmental review.
match of $154,956 in CDBG funds. The CDBG funds The Planning Board voted to approve the proposed
matched with the DOJ award brings the total of LLEBG funds signs.
to $1,549,568. RECEIVED AND FILED.
Attached for your review, you will find a breakdown
that contains a program budget and program descriptions. NO.3
The giant application was prepared according to the NIAGARACOLDDRAWNCORP.,REQUESTTOERECT
terms and conditions established by the Department of Justice. AONE-STORYOFFICEADDITIONAT110HOPKINS
Additionally, DOJ required that the County of Erie ITEMNO.87,C.C.P.,4/L/97
review and approve of the budget and programs listed in the The City Planning Board at its regular meeting held
grant. This approval has been provided by Erie County. Tuesday, April 8, 1997 considered the matter captioned
As a requirement of this grant, meetings with the pursuant to section 511-67 of the Buffalo Code,
Police Commissioner's Citizens Advisory Group and an The Buffalo Coastal Special Review District.
Advisory Board that was established specifically for this grant The applicant seeks to construct a one-story
were held. Also, a public hearing was held on April 4th. masonry office addition measuring 25 feet by 98 feet. The
Of note, any changes in the grant must conform to building will be used to expand existing office space. The
the terms and conditions established by the Department of proposed building will not encroach on the 25-foot Buffalo River
Justice and must be approved by the County of Erie. yard setback, nor will it be visible from the river itself.
The programs funded are a continuation of on going The site is located in an M2 zone which permits such uses.
efforts to modernize our Police Department and enhance Under SEQR the proposed office expansion may be
existing crime prevention activities. considered an unlisted action which may be studied through
I look forward to your comments and support in uncoordinated review.
fulfilling the Justice Department's requirements so that we can The Planning Board voted to approve the proposed
put these federal funds to use in further reducing criminal office expansion.
activities in our neighborhoods RECEIVED AND FILED.
$600,000 in MOBILE COMPUTER TERMINALS
for over I 00 cars. This "state of the art" technology will FROMTHEBUFFALOARTSCOMMISSION
enable our police officers to spend more time in the community
because they will be able to run plate checks, warrant checks, NO.4
and perform report writing from the computer in their patrol MERCHANTMARINEMARKER
vehicles instead of having to go back to the station house. Your Honorable Body is requested to permit the installation of a
$200,000 for marked police vehicles for the marker in honor of the Merchant Marines near the base of the
GANG SUPPRESSION UNIT existing Merchant Marine Monument at the south end of
will enable the Police Department to purchase Veterans Park.
approximately 8 additional police cars The Arts Commission has reviewed the attached plans and has
$95,000 TO EXPAND THE GANG SUPPRESSION no objection to t proposed marker with slight modifications to
UNIT CITYWIDE font and stone type. WNY Merchant Marine Post 1947
due to its success in the C DISTRICT we were able to (sponsor) is still seeking approximately $2,500 in funds to
secure additional funds to bring it citywide. complete the project.
$14,612 for SPEED ANNOUNCING TRAILER Thank you for your attention to this matter.
$100,000 for ON-LINE FINGER PRINTING Mrs. LoTempio moved:
ALMOST A HALF OF MILLION DOLLARS IN THE AREA That the Executive Director of the Buffalo Arts
OF PREVENTION Commission be and he hereby is authorized to permit the
There are several components of this grant that not only go installation of a marker in honor of the Merchant Marines near
towards law enforcement hut also assist with our efforts in the the base of the existing Merchant Marine Monument at the
area of prevention.south end of the Veterans Park.
$95,000 C.O.U.R.T.S. PROGRAM: Money for this PASSED.
grant will enable us to expand our C.O.U.R.T.S. PROGRAM in AYES-13. NOES-0.
which, offenders with drug addictions, are channeled through a
court centered program and treatment programs. NO.5
$50,000 HUMAN SERVICES CRIME PREVENTION 1997-1998ARTSANDCULTURALFUNDING
PROGRAMS: Pilot Juvenile Mentoring Program through PIC ADVISORYCOMMITTEEANDBUFFALOARTS
$50,000 BIKE PATROLS: for increased security in COMMISSIONCULTURALFUNDING
our parks RECOMMENDATION
$100,000 COMMUNITY SCHOOLS The Buffalo Arts Commission and The Arts and
$90,000 NEIGHBORHOOD MATCHING FUND: for Cultural Funding Advisory Committee is pleased to transmit the
crime prevention efforts. attached recommendations for cultural funding for fiscal year
Mrs. LoTempio moved: 1997-1998.
That the communication from the Mayor, dated April REFERRED TO THE COMMITTEE ON BUDGET.
10, 1997, be received and filed; and
That the Mayor be, and he hereby is, authorized to NO.6
enter into agreements, for the grants as more fully described in GIFTSOFART
the above communication, with the Departments of Police and The Buffalo Arts Commission recommends your
Community Development in collaboration with the County of Honorable Body accept the following original works of art as
Erie in applying for Local Law Enforcement Block Grant monies gifts to the city:
through the Department of Justice for a total award of Buffalo Skyline by Donna Jordan Dusel
$1,394,612 with a Department of Justice required 10% match City Hall by Biff Henrich
of $154,596 in Community Development Block Grant funds. Opening Night by Anita L. Johnson
The Community Development Block Grant funds matched with The Market Arcade by Terri Katz Kasimov
the DOJ award brings the total of LLEBG funds to $1,5449, Do the Right Thing by Stanford Lipsey
568. Portrait of City Hall by Gerald C. Mead, Jr.
PASSED. City Scene by James G. Pappas
AYES-13. NOES-0. South Buffalo By David Pratt
These works will be placed in the Common Council
FROMTHEMAYOR-EXECUTIVEDEPARTMENT Room 1417 City Hall. The ribbon cutting for the Grand
FROMTHECITYPLANNINGBOARD Opening of 1417 Conference Room is planned for 11:00 AM
on Thursday, May 1, 1997.
Mrs. LoTempio moved: Dated: Buffalo, NY, April 3, 1997
That the communication from the Buffalo Arts RECEIVED AND FILED.
Commission, dated April 10., 1997, be received and filed; and
That the Executive Director of the Buffalo Arts NO.12
Commission be, and he hereby is, authorized to accept the CERTIFICATEOFNECESSITY
original works of art as gifts to the city, as more fully described INCREASEDAPPROPRIATION
in the above communication. BOARDOFEDUCATION
PASSED. DIVISIONOFBUILDINGS
AYES-13. NOES-0. We, Anthony M. Masiello, Mayor and Joel A. Giambra,
Comptroller, do hereby certify, pursuant to Section 41 of the
NO.7 Charter, that it is necessary that an increase in the sum of
GIFTSOFBENCHESANDTRASHRECEPTACLES $30,000 in the estimates for the fiscal year beginning July 1,
The Arts Commission recommends your Honorable Body 1996 is necessary in Appropriation Allotments - Division of
accept the gifts of benches and trash receptacles being Buildings - Operation & Maintenance of Public Buildings -
donated to the City of Buffalo by the Renaissance Foundation Building Repair & Alteration to meet a contingency which could
and the Rotary Club of Buffalo to be placed in Niagara Square not have been reasonably foreseen when the budget was
this spring. adopted. The amount of increased appropriation will be met
Mrs. LoTempio moved: from a transfer of $30,000 from the Board of Education to the
That the communication from the Buffalo Arts Commission, General City Revenue account 100-402-402-9000 Division of
dated April 10, 1997, be received and filed; and Buildings - Miscellaneous not otherwise appropriated for any
That the Executive Director of the Buffalo Arts Commission be, other purpose. The detail of the requirements are set forth
and he hereby is, authorized to accept the gifts of benches and below:
trash receptacles donated to the City by the Renaissance Dated: Buffalo, NY, March 31, 1997
Foundation and the Rotary Club of Buffalo to be placed in RECEIVED AND FILED.
Niagara Square this spring.
PASSED. NO.13
AYES-13. NOES-0. CERTIFICATEOFNECESSITY
INCREASEDAPPROPRIATION
NO.8 NORTHAMERICAREPARK
GIFTOFART We, Anthony M. Masiello, Mayor and Joel A. Giambra,
The Buffalo Arts Commission recommends your Comptroller, do hereby certify pursuant to Section 41 of the
Honorable Body accept the gift of sculptured art by Silas Charter, that an increase in the sum of $4,500 in the estimates
Sandel, donated by Key Bank, and to be placed in permit for the fiscal year beginning July 1, 1996 is necessary in
reception area on the third floor of City Hall. Enterprise Fund - North AmeriCare Park - Exempt Items, to
Mrs. LoTempio moved: meet a contingency which could not have been reasonably
That the communication from the Buffalo Arts foreseen when the budget was adopted. The amount of
Commission, dated April 10, 1997, be received and filed; and increased appropriation will be met from the North AmeriCare
That the Executive Director of the Buffalo Arts Park account Reserve for Replacements as listed below, not
Commission be and he hereby is authorized to accept the gift otherwise appropriated for any other purpose. The detail of the
of sculptured art by Silas Sandel, donated by Key Bank to be requirements are set forth below:
placed in the permit reception area on the third floor of City Dated: Buffalo, NY, April 3,1997
Hall. RECEIVED AND FILED.
PASSED.
AYES-13. NOES-0. NO.14
CERTIFICATEOFNECESSITY
FROMTHECOMPTROLLER TRANSFEROFFUNDS
FRINGEBENEFITS-NYSPOLICEANDFIRE
NO.9 RETIREMENTSYSTEM
MONTHLYOVERTIMEUSAGE DEPARTMENTOFFIRE-MEDICALSERVICES
REPORT We, Anthony M. Masiello, Mayor and Joel A. Giambra,
I am providing the Common Council with the updated version of Comptroller, do hereby certify pursuant to Section 42 of the
the Monthly Overtime Usage Report. This report reflects Charter, that it is necessary that the sum of $350,000 be
overtime expenditures of all City departments as of 3/31/97. It transferred and reappropriated from Fringe Benefits - NYS
also projects overtime expenditures for the entire fiscal year Police and Fire Retirement System, as set forth below:
base on the current levels of overtime usage. Dated: Buffalo, NY, April 9, 1997
REFERRED TO THE COMMITTEE ON BUDGET. RECEIVED AND FILED.
NO.10 NO.15
CERTIFICATEOFAPPOINTMENT EXPLORECITYPAYPHONE
INCREASEDAPPROPRIATION ANDLICENSINGARRANGEMENTS
CITYREVENUE C.C.P.#165NOV.12,1996
DIVISIONOFCOLLECTIONS Although this office has no direct input or influence in
We, Anthony M. Masiello, Mayor and Joel A. Giambra, the bidding process and licensing arrangements with respect to
Comptroller, do hereby certify pursuant to Section 41 of the pay phone rentals and locations in the City, it is my considered
Charter, that an increase in the sum of $28,000 in the opinion that an open and fair bidding process would produce a
estimates for the fiscal year beginning July 1, 1996 is desirable result for the City. It has been suggested that current
necessary in Appropriation Allotments - Department of Audit agreements with NYNEX may have outlived their usefulness
and Control, Division of Collections, to meet a contingency and/or the City may gain additional revenues by subjecting City
which could not have been reasonably foreseen when the pay phone locations to the RFP process. The Department of
budget was adopted. The amount of increased appropriation Public Works and NYNEX would have to furnish the
will be met from an increase of $28,000 in the General Fund information necessary to make any such determination.
City Revenue account 100-402-044-30020 Charges for In any case, I certainly encourage an open and fair
Collection Services not otherwise appropriated for any other bidding process. Healthy competitive bidding in this area can
purpose. The detail of the requirements are set forth below: only prove to be beneficial to the City. Just how beneficial a
Dated: Buffalo, NY, April 2, 1997 bidding process would be can only be determined once all the
RECEIVED AND FILED. potential bids are in and scrutinized.
REFERRED TO THE COMMITTEE ON FINANCE.
NO.11
CERTIFICATEOFNECESSITY NO.16
TRANSFEROFFUNDS CERTIFICATEOFAPPOINTMENT
RESERVEFORCAPITALIMPROVEMENTS Appointment Effective 04/07/97 in the Department of Audit &
DEPARTMENTOFPUBLICWORKS Control, Division of Data Processing, to the Position of
We, Anthony M. Masiello, Mayor and Joel A. Giambra, Systems Analyst, Temporary, at the Starting Salary of $37,897.
Comptroller, do hereby certify pursuant to Section 42 of the Maria Hejna, 254 Pennsylvania, Buffalo, New York 14201
Charter, that it is necessary that the sum of $175,700 be REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
transferred and reappropriated from the Reserve for Capital
Improvements in Appropriation Allotments - Exempt Items as FROMTHEPRESIDENTOFTHECOUNCIL
set forth below:
The amounts to be transferred are unexpended balances of NO.17
items contained in the budget for the current fiscal year and will APPLICATION-GRANT-IN-AIDWASTE/RECYCLINGPROJ.
not be needed at this time for the purpose for which they were
appropriated.
Attached is a resolution authorizing the filing of an application citizens will be based on the following income schedule for the
for State Grant-in-Aid for a Municipal Waste Reduction and/or 1998/99 fiscal year tax roll:
Recycling Project and signing of the associated State Contract.
Mrs. LoTempio moved:
That the communication from the Buffalo Common Proposed for Fiscal Year 98/99
Council President, be received and filed; and (less than)
That the Edwin H. Marr, Director of Refuse and 50% 18,500
Recycling be, and he hereby is, authorized to file an application 45% 19,500
for State Grant-in-Aid for a Municipal Waste Reduction and/or 40% 20,500
Recycling Project and to sign the associated State Contract. 35% 21,500
PASSED. 30% 22,400
AYES-13. NOES-0. 25% 23,300
20% 24,200
FROMTHECOMMISSIONEROFASSESSMENT 15% 25,100
10% 26,000
NO.18 5% 26,900
VETERAN'SEXEMPTION REFERRED TO THE COMMITTEE ON FINANCE.
Legislation pertaining to RPTL 458a, Alternative Veterans
Exemption and enacted in 1996 by New York State permits FROMTHECOMMISSIONEROFPUBLICWORKS
municipalities to increase the home value cap from the current
$80,000.00 to $120,000.00. NO.20
Exemptions based on assessed values under $80,000 are not PERMISSIONTOPREPAREPLANS&SPECIFICATIONS
be effected by this legislation. Any value over $120,000.00 ANDADVERTISEFORTHERECONSTRUCTIONOF
would not be used in calculating exempt amounts. CURBS&SIDEWALKSINTHESOUTHDISTRICT-GROUP
The legislation effects only that part of an assessed value #448
between $80,000.00 and $120,000.00. ITEM#173,C.C.P.9/3/96
Raising the value cap to the recommended $120,000.00 would I hereby request permission from Your Honorable Body to
result in an estimated net loss to the City of Buffalo of prepare plans, specifications and advertise for sealed
approximately $70,564.38 actual tax dollars. The end result is proposals for the Reconstruction of Curbs & Sidewalks in the
an estimated average change in the net cost to the City of South District, Group #448.
Buffalo of approximately $56.80 per eligible veteran. This project was approved as part of the 1996-1997 Capital
The Erie County Assessors Association and The Erie County Improvements Budget. Funds are available in the Capital
Department of Taxation and Finance have recommended that Projects Fund #201-401-010-00-000.
the maximum home ceiling cap of $120,000.00 be adopted. Mrs. LoTempio moved:
Erie County is adopting the $120,000.00 level. Raising the That the communication from the Department of Public Works
maximum level of assessed value for exemption purposes by dated, April 8, 1997 be received and filed; and
The City of Buffalo will allow the City of Buffalo Department of That the Commissioner of Public Works be, and he hereby is
Assessment to calculate this veterans exemption based on the authorized to prepare plans, specifications and advertise for
same amount of assessed value for both The City of Buffalo sealed proposals for the Reconstruction of Curbs & Sidewalks
and Erie County. in the South District, Group #448. This project was approved
It is recommended by the Department of Assessment that the as part of the 19961997 Capital Improvements Budget. Funds
ceiling of assessed valuation for calculating veterans are available in the Capital Projects Fund #201-401-010-00-
exemption, pursuant to RPTL 458a be raised to the maximum 000.
level of $120,000.00. PASSED.
The provisions of this change is to take effect with taxable AYES-13. NOES-0.
status dates beginning with January 1, 1997 and thereafter. NO.21
The City of Buffalo's taxable status date is December 1, so this PERMISSIONTOPREPAREPLANS&SPECIFICATIONS
legislation will become effective for the tax roll for fiscal year ANDADVERTISEFORPROPOSALSFORTHE
1998/99. REPLACEMENTOFTREEROOTDAMAGEDSIDEWALKS
REFERRED TO THE COMMITTEE ON FINANCE. INTHEUNIVERSITYDISTRICT-1997
GROUP#449
NO.19 ITEMNO.261,C.C.P.9/17/96
SENIORCITIZENEXEMPTIONS I hereby request permission from Your Honorable Body to
The following change to Real Property Tax Law 467, Senior prepare plans, specifications and advertise for sealed
Citizen Exemptions, has been enacted by the State of New proposals for the Replacement of Tree Root Damaged
York effective with taxable status dates beginning on and after Sidewalks in the University District - Various Locations, Group
January 1, 1997: #449.
Increase the maximum income ceiling for purposes This Project is included in the 1996/97 Capital Improvements
of qualifying for the 50% level of senior citizens Budget and will involve the replacement of "tree root damaged"
exemption from "less than $17,500.00" to "less than sidewalk along with associated items.
$18,500.00." Funds for this project are available in Division of Engineering,
This increase also affects the "sliding scale" option previously Capital Projects Fund No. 201-401-011-00-000.
adopted by the City of Buffalo, raising the maximum income Mrs. LoTempio moved:
allowed to qualify for a senior citizen exemption from "less than That the communication from the Department of Public Works
$25,000.00" to "less than $26,000.00." dated, April 8, 1997 be received and filed; and
New York State previously authorized the addition of a 5% level That the Commissioner of Public Works be, and he hereby is
to the existing sliding scale for senior citizen exemptions. This authorized to prepare plans, specifications and advertise for
was a local option to begin with the 1996/97 fiscal year tax roll sealed proposals for the Replacement of Tree Root Damaged
but was not adopted by the City of Buffalo. Adoption of this Sidewalks in the University District - Various Locations, Group
level of exemption would raise the proposed maximum #449. Funds are available in the Capital Projects Fund #201-
qualifying income level an additional Nine Hundred Dollars 401 -01 I -00-000.
($900.00) to "less than $26,900.00." PASSED.
If the authorized changes are adopted by your Honorable body, AYES-13. NOES-0.
it is estimated that the financial impact to the City of Buffalo will
be a total of approximately $56,200.00 loss of revenue. This NO.22
Department's financial impact forecast is based upon REPORTOFBIDS
assumptions made in a review of previous years senior citizen BUFFALOFIREDEPARTMENT
exemption applications. VEHICLEEXHAUSTSYSTEM
It is noted that the Erie County Assessors Association and the ENGINE26
Erie County Department of Taxation and Finance have I asked for and received the following informal bids which were
recommended that these changes be adopted. Both changes opened on April 8, 1997.
are being adopted by Erie County. Air Cleaning Systems $13,900.00
Adoption by the City of Buffalo will allow the eligible senior Air Cleaning Specialists No Bid
citizens of Buffalo to received their authorized exemption for Environmental Mgmt. No Bid
both the City and the County to be based on the same income I hereby certify that the foregoing is a true and correct
levels. statement of all bids received and that Air Cleaning Systems, in
It is recommended by the Department of Assessment that the the amount of Thirteen Thousand Nine Hundred and 00/100
new basic exemption level of $18,500.00 be adopted. It is Dollars ($13,900.00) is the lowest responsible bidder in
further recommended by the Department of Assessment that accordance with the plans and specifications.
the 5% level of the sliding scale option also be adopted. I recommend that Your Honorable Body authorize the
In the event that your honorable body adopts the changes as Commissioner of Public Works to order the work on the basis
outlined, the senior citizen exemption granted to eligible senior
of the low bid. Funds for this work is available in CPF201402-That the above communication from the Commissioner of
004 - Division of Buildings. Public Works dated
Total estimate for this work was $13,000.00. April 8, 1997, be received and filed; and
Mrs. LoTempio moved: Mrs. LoTempio moved:
That the above communication from the Commissioner of That the Commissioner of Public Works be, and he hereby is,
Public Works dated April 8, 1997, be received and filed; and authorized to award a contract for Pools - 1997 Electrical
That the Commissioner of Public Works be, and he hereby is, Repairs, Various Locations, to Weydman Electric, the lowest
authorized to award a contract for the Buffalo Fire Department, responsible bidder in the amount of $4,149.00, with said cost to
Vehicle Exhaust System, Engine 26, to Air Cleaning Systems, be charged to CPF 200-402-063 Division of Buildings.
the lowest responsible bidder in the amount of $13,900.00, with PASSED.
said cost to be charged to CPF 201-402-004 - Division of AYES-13. NOES-0.
Buildings.
PASSED. NO.25
AYES-13. NOES-0. REPORTOFBIDS
RECONSTRUCTIONOFPOOLS
NO.23 VARIOUSLOCATIONS-1997
REPORTOFBIDS I advertised for on March 25, 1997 and received the following
BUFFALOPOLICEHEADQUARTERS sealed proposals which were publicly opened and read on April
1STAND4THFLOORS 8, 1997:
I advertised for on February 18, 1997 and received the General Construction:
following sealed proposals which were publicly opened and Patterson Stevens, Inc. $23,074.00
read on March 11, 1997: Summit Construction $38,800.00
General Construction C. H. Byron Co. $52,000.00
Ferraina Construction $79,000.00 Gerald Stay Co. $73,000.00
New Era Construction $81,000.00 Plumbing Work:
C. H. Byron Co., Inc. $84,000.00 Numarco, Inc $42,000.00
Maralex, Inc. $84,700.00 MKS Plumbing $74,447.00
Picone Construction Corp. $85,000.00 I hereby certify that the foregoing is a true and correct
Peyton Barlow Co. $85,489.00 statement of all bids received and the following are the lowest
Martech Construction Inc. $92,180.00 responsible bidders in accordance with the plans and
BSC Construction Co. $95,000.00 specifications.
Summit Construction $96,000.00 General Construction Work - Patterson Stevens, Inc. in the
The Hadala Corp. $97,900.00 amount of $23,074.00.
C. Nichter Inc. $121,500.00 Plumbing Work - Numarco, Inc. in the amount of $42,000.00.
Plumbing Work I recommend that Your Honorable Body authorize the
A. Gareleck & Sons $5,800.00 Commissioner of Public Works to order the work on the basis
H B Plumbing Inc. $5,970.00 of the low bid. Funds for this work will be available in CPF 200-
MKS Plumbing Corp. $6,104.00 402-063 - Division of Buildings.
Ackerman Mechanical $7,000.00 Total estimate for this work was $75,000.00.
Matthew Kandefer, Inc. $7,885.00 Mrs. LoTempio moved:
Numarco, Inc. $8,700.00 That the above communication from the Commissioner of
Electrical Work Public Works dated April 10, 1997, be received and filed; and
Grand Island Electric $21,313.00 That the Commissioner of Public Works be, and he hereby is,
Tunney Electric $24,347.00 authorized to award contracts for Reconstruction of Pools -
Goodwin Electric Corp. $28,850.00 Various Locations - 1997 to the lowest responsible bidders,
Weydman Electric Inc $32,460.00 Patterson Stevens, Inc. for General Construction in the amount
HVAC Work of $23,074.00; to Numarco, Inc. for Plumbing Work in the
J M State Refrigeration $21,995.00 amount of $42,000.00. Funds for this project to be charged to
Allied Mechanical Inc. $25,420.00 CPF 200-402-063 Division of Buildings.
Vastola Heating & AC $28,242.00 PASSED.
B H Mechanical $29,953.00 AYES-13. NOES-0.
Buffalo Sheet Metals $31,000.00
1 hereby certify that the foregoing is a true and correct NO.26
statement of all bids received and the following are the lowest REPORTOFBIDSFOR1997PAINTINGOFSTREETLIGHT
responsible bidders in accordance with the plans and STANDARDS
specifications. ITEMNO.18,C.C.P.1/21/97
General Construction Work - Ferraina Construction in the This is to advise your Honorable Body that I have advertised
amount of $79,000.00. and received bids on April 9, 1997 for the 1997 Painting of
Plumbing Work - A. Gareleck & Sons in the amount of Street Light Standards. In obtaining bids for the above project,
$5,800.00. I have asked for bids on a unit price covering the various items
Electrical Work - Grand Island Electric in the amount of of work and material which will be performed. The final cost of
$21,313.00. the work will be based on the actual quantity of light standards
HVAC Work - J M State Refrigeration in the amount of painted and may be either more or less than the total bid. The
$21,995.00. following bids were received:
I recommend that Your Honorable Body authorize the T & T Contracting $74,303.00 (plus unit price
Commissioner of Public Works to order the work on the basis increase $81,733.30)
of the low bid. Funds for this work will be available in CPF 100-E & M Star Painting $78,531.00 (plus unit price
201-085-00-910 - Department of Police. increase $86,384. 10)
Total estimate for this work was $130,000.00. Marine Steel Painting $109,264.00 (plus unit price
REFERRED TO THE COMMITTEE IN FINANCE. increase $120,190.40)
C & A Painting Contractors $133,947.00 (plus unit price
NO.24 increase $147,341.70)
REPORTOFBIDS Erie Interstate Contractors $134,625.00 (plus unit price
POOLS-1997 increase $148,087.50)
ELECTRICALREPAIRS Atlas Painting & Sheeting $156,572.00 (plus unit price
VARIOUSLOCATIONS increase $172,229.20)
I asked for and received the following informal bids which were I hereby certify that the lowest responsible bidder is T & T
publicly opened and read on April 7, 1997: Contracting. I respectfully recommend that your Honorable
Weydman Electric $4,149.00 Body order the work, the cost thereof to be charged to the New
Warrens Electric $5,262.00 York Consolidated Highway Improvement Program Account
Ferguson Electric No Bid #200-401-507-00000 at a base bid of $74,303.00 plus
I hereby certify that the foregoing is a true and correct approved unit prices for an additional $7,430.30 for a total
statement of all bids received and that Weydman Electric in the encumbrance of $81,733.30. The engineer's estimate for this
amount of Four Thousand One Hundred Forty Nine and 00/1 work is $90,000.00.
00 Dollars ($4,149.00) is the lowest responsible bidder in Mrs. LoTempio moved:
accordance with the plans and specifications: That the above communication from the Commissioner of
I recommend that Your Honorable Body authorize the Public Works dated April 9, 1997, be received and filed; and
Commissioner of Public Works to order the work on the basis That the Commissioner of Public Works be, and he hereby is,
of the low bid. Funds for this work will be available in CPF 200-authorized to award a contract for 1997 Painting of Street Light
402-063 - Division of Buildings. Standards to T & T Contracting, the lowest responsible bidder,
Total estimate for this work was $10,000.00. in the amount of $74,303-00 plus approved unit prices for an
additional $7,430.30 for a total encumbrance of $81,733.30.
Funds for this project to be charged to New York Consolidated encumbrance of $ 121,212.85. The engineer's estimate for this
Highway Improvement Program Account #200-401-507-00-work is $150,000.00
000. The attached is certified to be a true and correct statement of
PASSED. the two (2) lowest bids received. Under provisions of the
AYES-13. NOES-0. General Municipal Law, any of the bidders may withdraw his
bid if an award of the contract is not made by May 19, 1997.
NO.27 Individual bid submissions are available in our office for
REPORTOFBIDS-RECONSTRUCTIONOFCURBS& inspection and copies are available upon request.
SIDEWALKSONELMWOODAVENUE-NORTHTOALLEN Mrs. LoTempio moved:
1997 That the above communication from the Commissioner of
GROUP#440 Public Works dated April 8, 1997, be received and filed; and
C.C.P.#24,10/29/96 That the Commissioner of Public Works be, and he hereby is,
This is to advise your Honorable Body that I have advertised authorized to contract for Reconstruction of Curbs & Sidewalks
and received bids on April 2, 1997 for The Reconstruction of and Paving of Magnolia Street-Abbott Oakhurst Avenue - 1997,
curbs and sidewalks on Elmwood Avenue - North to Allen. Group #412, to M.P.J. Contracting, Inc., the lowest responsible
In obtaining bids for the above project, I have asked for bids on in the amount of $110,193.50 plus approved unit prices not to
a unit price covering the various items of work and material exceed $11,019.35 for a total encumbrance of $121,212.85.
which will be performed. The final cost of the work will be Funds for this project to be charged to the Division of
based on the actual measured quantities of materials entering Engineering Bond Fund Accounts #200-401-030-00-000.
into the work and may be either more or less than the total bid. PASSED.
The following bids were received AYES - 13 NOES - 0
Base Bid Unit Price Increase
North America Cons. Co., Inc. $204,100.00 $224,510.00 NO.29
Master's Edge, Inc. $230,325.00 $250,735.00 CHANGEINCONTRACT
Cemulini-Pecoraro Constr. Corp. $232,890.00 $253,300.00 RECONSTRUCTIONOF118E.UTICA
A.B.P. Concrete Construction, Inc. $245,015.00 $265,425.00 PLUMBINGWORK
Sunshine Concrete Co., Inc. $257,257.50 $277,667.50
M.P.J. Contracting, Inc. $267,900.50 $288,310.50 I hereby submit to Your Honorable Body the following changes
Leone Construction, Inc. $278,320.50 $298,730.50 for the Reconstruction of 118 E. Utica, Plumbing Work, MKS
Campobello Construction Co., Inc. $298,063.50 $318,473.50 Plumbing - C #91850100.
I hereby certify that the lowest responsible bidder for the above 1. Clean out existing drains including replacement of pipe
project is North America Construction Co., Inc. and fittings. Drains from two existing sinks were found
I respectfully recommend that your Honorable Body order the to be plugged after tenant
work, the cost thereof to be charged to the Capital Projects occupied premises. Add $ 295.00
Fund #201-401-007-00-000 in an amount of S 204,100.00, The foregoing change results in a net increase in the contract
plus approved unit prices not to exceed $ 20,410.00 for a total of Two Hundred Ninety Five and 00/100 Dollars ($295.00).
encumbrance of $ 224,510.00. The engineer's estimate for this Summary: Original Amount of Contract $ 58,845.00
work is $ 250,000.00. Amount of This Change (No. 1) Add 295.00
The attached is certified to be a true and correct statement of Revised Amount of Contract $ 59,140.00
the two (2) lowest bids received. Under provisions of the These changes could not be foreseen at the time contract was
General Municipal Law, any of the bidders may withdraw his let. Costs have been reviewed by the Consulting Architect,
bid if an award of the contract is not made by May 19, 1997. Trautman Associates, and the Department of Public Works
Individual bid submissions are available in our office for and found to be fair and equitable. Funds for this work are
inspection and copies are available upon request. available in CPF 200-402-533 - Division of Buildings.
Mrs. LoTempio moved: I recommend 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 April 7, 1997, be received and filed; and contractor as set forth above.
That the Commissioner of Public Works be, and he hereby is, Mrs. LoTempio moved:
authorized to award a contract for Reconstruction of Curbs & That the above communication from the Commissioner of
Sidewalks on Elmwood Avenue - North to Allen 1997, Group Public Works dated
#440, to North America Construction Co., Inc., the lowest April 10, 1997, be received and filed; and
responsible bidder, in the amount of $204,100.00 plus That the Commissioner of Public Works be, and he hereby is,
approved unit prices not to exceed $20,41 0.00 for a total authorized to award a contract for the Reconstruction of 118 E.
encumbrance of $224,510.00. Funds for this project to be Utica, Plumbing Work to the lowest responsible bidder, MKS
charged to Capital Projects Fund #201-401-007-00-000. Plumbing - C#918501 00, in the amount of $59,140.00. Funds
PASSED. for this project to be charged to CPF #200-402-533.
AYES-13. NOES-0. PASSED.
AYES- 13 NOES - 0
NO.28
REPORTOFBIDSRECONSTRUCTIONOFCURBS& NO.30
SIDEWALKANDPAVINGOFMAGNOLIASTREET- CHANGEINCONTRACT
ABBOTTRD.TOOAKHURSTAVE.-1997 KINGURBANLIFECENTER
GROUP#412 ROOFRESTORATION
ITEMNO.23,C.C.P.4/2/96 I hereby submit to Your Honorable Body the following changes
This is to advise your Honorable Body that I have advertised for the King Urban Life Center, Roof Restoration, International
and received bids on April 2, 1997 for the Reconstruction of Chimney Corp., Order #11520260.
Curbs and Sidewalk and Paving of Magnolia Street - Abbott 1 . Add snow guards to protect Sacristy entrance doors as a
Road to Oakhurst Avenue. safety measure as directed by the consulting architect.
In obtaining bids for the above project, I have asked for bids on During the winter, it was discovered that large amounts
a unit price covering the various items of work and material of snow and ice fell off the roof at the two Sacristy
which will be performed. The final cost of the work will be entrance door locations. Add $8,495.00
based on the actual measured quantities of materials entering 2. Repair additional PVC roof drainage system as directed
into the work and may be either more or less than the total bid. by the consulting architect. Additional damage from
The following bids were received: freezing occurred after receipt of bids. Add $l,685.00
Base Bid Unit 3. Probe lower level roof drain leakage as directed by the Price
Increase consulting architect. A new leak in the cast iron roof
M.P.J. Contracting, Inc. $110,193.50 $121,212.85 conductor at a lower level inside the building was
North America Const. Co., Inc. $112,020.00 $123,039.35 discovered which was causing extensive interior flooding.
C. Destro Development Co., Inc. $112,995.00 $124,014.35 Add $ 467.00
Thomann & Loewer 4. Install new built-in copper gutter at east side upper roof
Asphalt. Paving. Corp. $117,775.00 $128,794.35 as directed by the consulting architect. The original
Northeast Diversification, Inc. $130,145.00 $141,164.35 gutter, not visible until a lift was brought in, was split and
Leone Construction, Inc. $151,256.50 $162,275.85 drained away from the downspout. Add $ 2,756.00
A.B.P. Concrete Construction, Inc. $153,562.00 $164,581.35 5. Credit for not installing snow guards on upper roof due to
Master's Edge, Inc. $200,042.00 $211,061.35 denied access of rented man lift. Deduct $ 4,250.00
I hereby certify that the lowest responsible bidder for the above The foregoing change results in a net increase in the contract
project is M.P.J. Contracting, Inc. of Nine Thousand One Hundred Fifty Three and 00/100 Dollars
I respectfully recommend that your Honorable Body order the ($9,153.00).
work, the cost thereof to be charged to the Division of Summary Original Amount of Contract $ 8,950.00
Engineering Bond Fund Accounts #200-401-030-00-000 and Amount of This Change (No. 1) Add 9,153.00
#201401-010-00-000 in an amount of $ 110,193.50, plus Revised Amount of Contract $18,103.00
approved unit prices not to exceed $ 11,019.35, for a total
These changes could not be foreseen at the time contract was 5. That the sidewalk cafe be completely removed from City
let. Costs have been reviewed by the Consulting Architect, right-of-way from November 15 to April 1 each year.
Hamilton, Houston and Lownie, and the Department of Public 6. That the applicant be assessed the annual fee of two
Works and found to be fair and equitable. Funds for this work dollars per square foot of City right-of-way occupied by
are available in CPF 200-402-048 - Division of Buildings. said sidewalk cafe as described in Chapter 413, Article
I recommend that Your Honorable Body authorize the IX, Section 59 (Sidewalk Cafes) of the City Ordinances.
Commissioner of Public Works to issue a change order to the (8' x 6' =48 x $2.00/ft. = $96.00/year)
contractor as set forth above. 7. That the applicant supply the City of Buffalo with a five
Mrs. LoTempio moved: thousand dollar ($5,000.00) construction in street bond
That the communication from the Department of Public Works, or certificate of insurance which will indemnify and save
dated April 9, 1997, be received and filed; and harmless the City of Buffalo against any and all loss and
That the Commissioner of Public Works be, and he hereby is, damage arising out of the construction, maintenance,
authorize change order No. I to International Chimney Corp., use and removal of said sidewalk cafe.
changes resulting in a net increase amount of $9,153.00, as REFERRED TO THE COMMITTEE ON LEGISLATION.
more fully described in the above communication, for work King
Urban Life Center, Roof Restoration, Order #11520260. NO.33
Funds for this project charged to CPF 200-402-048 Division of 423ELMWOODAVENUE
Buildings. REQUESTSPERMISSIONTOINSTALL
PASSED. SIDEWALKCAFE
AYES - 13. NOES - 0. ITEMNO.136;C.C.P.03/22/94
Mr. David Zimtrewicz, owner of Peabody's Restaurant, located
NO.31 at 423 Elmwood Avenue, has requested permission to install a
CHANGEINCONTRACT sidewalk cafe which would encroach City right-of-way at said
KINGURBANLIFECENTER address. The previous business owner had a sidewalk cafe
MISCELLANEOUSRESTORATION (C.C.P. No. 136 of March 22, 1994) identical to the one now
I hereby submit to Your Honorable Body the following changes proposed.
for the King Urban Life Center, Miscellaneous Restoration, C. The proposed cafe would measure sixteen feet (16') in length,
Nichter, Inc. - Order #1 1519870. and project eight ') feet from the building face into City right-of-
1 . Additional stained glass repair as authorized by the way.
consulting architect. More glass repair The Department of Public Works has reviewed Mr.
required by additional breakage. Add $ 690.00 Zimtrewicz's application pursuant to Chapter 413-59 (sidewalk
2. Repair ramp door frame as directed by the cafes) of the City Ordinances and has no objection to Your
consulting architect. This work was not detectable until Honorable Body authorizing the Commissioner of Public Works
door repair was commenced. Add $ 805.00 to issue a mere license for said sidewalk cafe provided the
3. Cost in excess of allowance for security lighting as following conditions are met:
directed by the consulting architect. Amount of security 1. That the applicant obtain any and all other City of Buffalo
lighting exceeded original permits necessary for said installation.
allowance of $600.00. Add $ 685.00 2. That the cafe be installed exactly as shown on plans
The foregoing change results in a net increase in the contract submitted to and approved by the Department of Public
of Two Thousand One Hundred Eighty and 00/100 Dollars Works, Division of Buildings.
($2,180.00). 3. That the sidewalk cafe does not exceed sixteen feet (16')
Summary:Original Amount of Contract $16,515.00 in length or extend more than eight feet (8') from the
Amount of This Change (No. 1) Add 2,180.00 building face.
Revised Amount of Contract $18,695.00 4. That no portion of the sidewalk cafe be permanent in
nature or permanently affixed to the main building or
These changes could not be foreseen at the time contract was public sidewalk.
let. Costs have been reviewed by the Consulting Architect, 5. That the sidewalk cafe be completely removed from City
Hamilton, Houston and Lownie, and the Department of Public right-of-way from November 15 to April 1 each year.
Works and found to be fair and equitable. Funds for this work 6. That the applicant be assessed the annual fee of two
are available in CPF 200-402-048 - Division of Buildings. dollars per square foot of City right-of-way occupied by
I recommend that Your Honorable Body authorize the said sidewalk cafe as described in Chapter 413, Article
Commissioner of Public Works to issue a change order to the IX, Section 59 (Sidewalk Cafes) of the City Ordinances.
contractor as set forth above. (16' x 8' = 128 x $2.00/foot = $256.00/year)
Mrs. LoTempio moved: 7. That the applicant supply the City of Buffalo with a five
That the communication from the Department of Public Works, thousand dollar ($5,000.00) construction in street bond
dated April 9, 1997, be received and filed; and or certificate of insurance which will indemnify and save
That the Commissioner of Public Works be, and he hereby is, harmless the City of Buffalo against any and all loss and
authorized to issue change order No. I to C. Nichter, Inc., damage arising out of the construction, maintenance,
changes resulting in a net increase in the amount of $2,180.00, use and removal of said sidewalk cafe.
as more fully described in the above communication, for work REFERRED TO THE COMMITTEE ON LEGISLATION.
relating to King Urban Life Center, Miscellaneous Restoration,
Order #1 1519870. Funds for this project are to be charged to NO.34
CPF 200-402-048 Division of Buildings. CERTIFICATEOFAPPOINTMENT
PASSED. Appointment Effective April 1, 1997, in the Department of
AYES - 13 NOES - 0 Public Works, Division of Engineering, to the position of
Assistant Engineer, Temporary at the: Maximum Starting salary
NO.32 of: $34,727, Kenneth J. Wierzbicki, 771 McKinley Pkwy.,
528ABBOTTROAD Buffalo, NY 14220
REQUESTSPERMISSIONTOINSTALLSIDEWALKCAFE REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
Mr. James Wistner, owner of Jo Jo’s Pizzeria and Subs,
located at 528 Abbott Road, has requested permission to install NO.35
a sidewalk cafe which would encroach City right-of-way at said CERTIFICATEOFAPPOINTMENT
address. Appointment Effective: April 9, 1997 in the Department of'
The proposed cafe would measure eight feet (8') in length, six Public Works Division Of Engineering to the position of' Street
feet (6')in width and be located between the public sidewalk Repair Supervisor I, Temporary, at the: Maximum Starting
and the west curbline of Meridan Street. Salary of: $ 29,741, Emanuel Bonadonna, 57 Wiley
The Department of Public Works has reviewed Mr. Wistner's Place,Buffalo, NY 14207
application pursuant to Chapter 413-59 (sidewalk cafes) of the REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
City Ordinances and has no objection to Your Honorable Body
authorizing the Commissioner of Public Works to issue a mere FROMTHECOMMISSIONEROFPOLICE
license for said sidewalk cafe provided the following conditions
are met: NO.36
1. That the applicant obtain any and all other City of Buffalo CHECKSRECEIVED
permits necessary for said installation. ITEMNO.104,C.C.P.2/2/88
2. That the cafe be installed exactly as shown on plans C2-96-0007 - 8155-00104956 - $ 3,700.00
submitted to and approved by the Department of Public TOTAL DEPOSIT $ 3,700.00
Works, Division of Buildings. The above referenced property has been administratively
3. That the sidewalk cafe does not exceed eight feet (8') in forfeited by the Drug Enforcement Administration. (DEA).
length or six feet (6') in width. These checks were received by this Department and duly
4. That no portion of the sidewalk cafe be permanent in deposited in the Trust & Agency Account, 610-200-217-00-
nature or permanently affixed to the main building or 300.
public sidewalk. RECEIVED AND FILED.
Treasury through the DEA. The loan would then be repaid as
NO.37 the reimbursements are sent to the City from the federal
VARIOUSGRANTS-RESPONSETOCOUNCILINQUIRY government under the Weed and Seed Grant Program, through
#34,CCP3-18-97 the Asset Forfeiture portion.
#49CCP3-18-97 PASSED.
1. Program Evaluations (attached). AYES-13. NOES-0.
2. Gang Suppression Unit Program Description
(attached).
3. The source of funding for the Universal Hiring Grant FROMTHECORPORATIONCOUNSEL
is the U.S. Department of Justice / Office of
Community Oriented Policing Services (COPS). NO.39
4. There is no prior funding in place for any of the listed ALANMAJEWSKI-WORKERS,
programs. COMPENSATIONSETTLEMENT
5. Per the response in #4, there is no previous funding On May 6, 1992, Alan Majewski was injured in the course of
for these programs, the grant dollars will not his employment as a truck driver with the Street Sanitation
supplement or replace any city funds. Department. He slipped and fell at the transfer station owned
REFERRED TO THE COMMITTEE ON FINANCE. by Integrated Waste. Mr. Majewski sustained very serious
back and urological injuries as a result of the accident. He filed
NO.38 for Workers' Compensation with the City. Allied Claims has
ACCEPTANCEOFFUNDS:WEED been handling the case for the City. He also commenced a
SEEDGRANTPROGRAMUNDER third-party lawsuit against Integrated Waste.
ASSETFORFEITURE The City has a Workers' Compensation Lien for medical bills
The Department of Community Development, through the and wages paid of approximately $51,000.00. Mr. Majewski
Division for Neighborhoods and the Buffalo Police Department, had lumbar disc surgery in July, 1993. He also has been
on behalf of the City of Buffalo, has been awarded federal treated for severe urological problems. He has returned to
funding totalling $250,000 from the Executive Office of Weed work and is presently working for the City. The Workers'
and Seed through the U.S. Department of Justice, for the Compensation Board has determined that he sustained a
period October 1, 1996 through March 31, 1997. permanent partial disability -
Because of the nature of this agreement, part of the The attorney for Mr. Majewski has received a settlement offer
Department's funding for a gun abatement program ($74,500) of $285,000.00 from the insurance carrier for Integrated
must be included under Community Development as the Waste. The City's lien is approximately $51,000.00. Under the
implementing agency, and permission for this award Workers' Compensation Law, Mr. Majewski's attorney is
acceptance and interfund loan for non-personnel items entitled to one third of this amount due to the fact that the City's
pertinent to the Police Department has been filed separately by recovery is the result of his efforts in bringing the third-party
Community Development. lawsuit. A proposal has been made to compromise the
However, the Asset Forfeiture portion of the Weed and Seed remaining $34,000.00 lien in half. That is to say, that the City
Grant, which the City has been awarded $50,000, must be would receive a payment of $17,000.00 out of the settlement
implemented separately and solely by the Police Department, proceeds. In addition, the City will receive a credit for Mr.
because of the strict federal statutes imposed by the US Majewski's net recovery against future workers' compensation
Department of Treasury regarding asset forfeiture procedures. payments to be made to Mr. Majewski on this case.
Due to several bureaucratic inconsistencies at the federal level The Law Department requests that your Honorable Body
and the magnitude of the overall strategy as mandated by the approve this compromise. If a compromise is not reached and
Weed/Seed philosophy, we did not receive official notification the case goes to trial, it is possible that Mr. Majewski and the
that our full budget was accepted until April 8, 1997 (only City may not recover any amount. Allied Claims' representative
$45,000 had originally been approved) has advised the Law Department that the case has
Under the Asset Forfeiture portion of the "weeding" effort, the questionable liability and a jury might rule in favor of Integrated
Buffalo Police Department will enhance the gun abatement Waste. In addition, New York State Special Funds has agreed
program targeted for Precinct #12. In addition, the DEA will to accept the sum of $1,000.00 in Ml-settlement of its lien in
assign one agent to work exclusively on Buffalo's Gun the amount of $5,500.00. In addition, the plaintiff is
Abatement Program. The $50,000 funding will cover: compromising his total claim based upon his injuries in order to
$35,000 overtime for Buffalo Police Officers for the planning facilitate a settlement. Allied Claims has reviewed the
and identification drug/gun hot spots, sweeps, surveillances, proposed settlement and recommends its approval.
gun tracking/tracing The Law Department requests that your Honorable Body
$4,900 mapping computer with oversized monitor, printer and authorize the settlement of this matter for the
related software sum of Seventeen Thousand Dollars ($17,000.00) payable to
$500 computer paper, ribbons, printer cartridges, etc. the City and a credit in the amount of claimant's net recovery
$4,600 billboard, related "pr" materials for advertisement for against future workers' compensation benefits.
gun hotline and appropriate deterrent strategies Mrs. LoTempio moved:
$2,500 covering costs appropriate staff for Executive Office for That the communication from the Department of Law, dated
Weed and Seed conferences as required through our City's April 9, 1997, be received and filed; and
award of funds That the Acting Corporation Counsel be, and he hereby is,
$2,500 covering costs for the purchase of information, authorized to settle the Workers' Compensation claim of Alan
informant fees and gun buy-backs Majewski, a truck driver with the Street Sanitation Department,
These expenditures total $50,000. We are also requesting that in the amount of $17,000.00 (Seventeen Thousand Dollars)
your Honorable Body also authorize the Comptroller to provide payable to the City and a credit in the amount of claimant's net
for an inter-fund cash loan for all non-personnel items, totalling recovery against future workers' compensation benefits.
$15,000, as is our standard practice until such reimbursement PASSED.
is secured from the Department of Treasury through the DEA. AYES-13. NOES-0.
The loan would then be repaid as the reimbursements are sent
to the City from the federal government under the Weed and NO.40
Seed Grant Program, thru the Asset Forfeiture portion. We REPLYTOAUDIT
have been advised by the Executive Office for Weed and Seed INREMACTIONNO.30
that this program is a "reimbursable" program and that we will ITEMNO.11,C.C.P.,4/1/97
only be able to secure an advance in an emergency. The above referenced matter was referred to the Corporation
If you have any questions or require further clarification of the Counsel for a response.
above, please contact Chief Kevin J. Comerford or Report The In-rem foreclosure proceeding is conducted pursuant to
Technician Maureen Oakley at ext. 4475. the mandates of Chapter 724 of the Laws of New York, duly
Thank you for your immediate attention to this matter. adopted by the City of Buffalo in Item No. 186 Common
Mrs. LoTempio moved: Council Proceedings of December 23, 1974 and Article I 1,
That the communication from the Police Department, dated Title 3 of New York Real Property Tax Law.
April 9, 1997, be received and filed; and Basically, the target of the In Rem action proceeding is the Res
That the Mayor be, and he hereby is, authorized to enter into (real property) as opposed to In personam (personal liability).
agreement through the Department of Community Section I of Chapter 724 of the Laws of New York 1973 states
Development, through the Division for Neighborhoods, on that the City of Buffalo may bring a foreclosure action whenever
behalf of the City, for federal funding in the amount of $250,000 it appears that "a tax lien owned by the City of Buffalo has been
from the Executive Office of Weed and Seed through the U.S. due and unpaid for a period of at least two (2) years from the
Department of Justice, for the period October 1, 1996 through date on which the taxes .... became a lien." In Rem Action
March 3 1, 1997, as more fully described in the above No.30 was commenced by the Department of Law by filing the
communication. That the Comptroller be, and he hereby is List of Delinquent Taxes at the Erie County Clerk's Office on
authorized to provide for an interfund cash loan for all non-March 29, 1996. Section 2(3C) of Chapter 724 of the Laws of
personnel items, totalling $15,000, as is the standard practice New York 1973 provides in pertinent part that:
until such reimbursement is secured from the Department of
and DOLLAR CONCRETE BID AMOUNT of BID
"The filing of such list of delinquent taxes in the Office of the REPORTOFFIREEMERGENCYDEMOLITIONBID(S)FOR
County Clerk of the County of Erie shall constitute and have the THEBUILDING(S)STATEDBELOW:133ALBANY
same force and effect as the filing and recording in said office Due to the very serious and hazardous condition(s) of the fire-
of an individual and separate notice of pendency of action and damaged building(s) located at the below stated property(ies),
as the filing in the Erie County Court of an individual and Fire Commissioner Cornelius J. Keane requested that our
separate complaint by the City of Buffalo against all of the real department bid this property for immediate emergency
property therein described to enforce the payment of the demolition. Inspections were conducted by this department
delinquent taxes, assessments or other legal charges which and it was determined that immediate demolition was
have accumulated and become liens against such property." necessary due to (1) the structural condition of the building(s)
This provision is consistent with Section 1122(4) of the Real and/or (2) the resulting dangerous and hazardous condition
Property Tax Law. which exists at this(these) location(s), i.e., in accordance with
The public notice of foreclosure mandated by Section 3(c) of the guidelines outlined in Chapter 113 of the Ordinances of the
Chapter 724 of the Laws of New York 1973 provides in part City of Buffalo. Please be advised, therefore, that offers to
that: demolish were solicited on March 3, 1997 and the contract(s)
"No personal judgment shall be entered herein for taxes, will be awarded to the following lowest responsible bidder(s):
assessments or other legal charges or any part thereof " ADDRESS and OWNER CONTRACTOR
Again, this language is consistent with Section 1 124(l) of the 133 Albany BATTAGLIA
Real Property Tax Law. Jenny Rodriguez $ 4,985.00
Thus it is the opinion of the Department of Law that once the 133 Albany
City commenced the inrem proceeding against the property, the Buffalo NY 14213
City cannot simultaneously proceed personally against the Please be further advised that the sewer and water services will
owner to recoup the same taxes, assessments or other legal be terminated by the demolition contractor and this cost is
charges or any part thereof Notwithstanding the claim in the included in the cost of the project.
Audit Report, the Department of Law had communicated this We, therefore, respectfully request that upon approval by your
opinion in various meetings to the Department of Assessment, Honorable Body, that the cost of the project be charged to the
the Director of Treasury and the Division of Collections. SPECIAL ASSESSMENT FUND #500-000-002-00000, and
Furthermore, all the properties claimed to have been removed that said cost shall be collected against the owner or person in
by the Department of Law, were removed pursuant to Court possession benefited, under the provision of Chapter 113 of
Orders and Bankruptcys. Over the years, the in-rem the Ordinances of the City of Buffalo.
foreclosure has proved to be an effective tool for revenue Mr. LoTempio moved:
collection. However, it is the recommendation of the That the communication from the Department of Community
Department of Law that certain administrative aspects of the Development, dated March 25, 1997, be received and filed; and
procedures can be tightened and refined in order to reduce the That the award by the Commissioner of Community
number of properties struck down to the City at the foreclosure Development of a fire emergency demolition contract to
sale. Battaglia Concrete Construction, at a cost of $4,985.00,
REFERRED TO THE COMMITTEE ON FINANCE. relating to 133 Albany; be and hereby is confirmed, ratified and
approved, with said cost to be charged against Special
FROMTHECOMMISSIONEROFCOMMUNITYAssessment Fund #500-000-002-00000, and that said cost
DEVELOPMENT shall be collected against the owner or person in possession of
the premises and/or shall be assessed against the property
NO.41 benefited, in accordance with Chapter I 1 3 of the Code of the
CERTIFICATEOFAPPOINTMENT- City of Buffalo.
DIRECTOROFHOUSING&INSPECTIONS PASSED.
In accordance with the provisions of Section 441, of the AYES - 13 NOES - 0
Charter of the City of Buffalo, I hereby transmit the following
Certificate of Appointment: NO.45
Pursuant to the powers vested in me under the provisions of REPORTOFFIRE
Section 273 of Charter of the City of Buffalo, I hereby certify EMERGENCYDEMOLITIONBID(S)FORTHEBUILDING(S)
that I have appointed Gary Ziolkowski as Director of Housing & STATEDBELOW:20GUILFORD-AKA24GUILFORD
Inspections, in the Department of Community Development - Due to the very serious and hazardous condition(s) of the fire-
Division of Inspections, Licenses & Permits effective March 25, damaged building(s) located at the below stated property(ies),
1997. Mr. Ziolkowski resides at 82 Howell, Buffalo, New York, Fire Commissioner Cornelius J. Keane requested that our
14209. department bid this property for immediate emergency
Mr. Ziolkowski has been a Building Inspector since March 23, demolition. Inspections were conducted by this department
1981. In February of 1994 he was appointed as Chief Building and it was determined that immediate demolition was
Inspector of Multiple Dwellings. Mr. Ziolkowski's education, necessary due to (1) the structural condition of the building(s)
construction experience & on the job experience qualifying him and/or (2) the resulting dangerous and hazardous condition
for the position of Director of Housing & Permits with the which exists at this(these) location(s), i.e., in accordance with
Department of Community Development. the guidelines outlined in Chapter 113 of the Ordinances of the
I hereby certify that Mr. Ziolkowski is fully qualified to fill the City of Buffalo. Please be advised, therefore, that offers to
position of Director of Housing & Inspections. demolish were solicited on March 20,1997 and the
RECEIVED AND FILED. contract(s)will be awarded to the following lowest responsible
bidder(s):
NO.42 ADDRESS and OWNER CONTRACTOR and
MONTHLYREPORTOFLICENSESISSUEDINFEBRUARY DOLLAR AMOUNT of
1997 20 GUILFORD a/k/a 24 GUILFORD BATTAGLIA
I am respectfully submitting the enclosed report of licenses Wanda Oliger $ 3,800.00
issued in the month of February 1997 by the Division of 25 1 0 Cedar Grove Rd
Inspections, Licenses and Permits. Leesville SC 29070
RECEIVED AND FLIED. Please be further advised that the sewer and water services will
be terminated by the demolition contractor and this cost is
NO.43 included in the cost of the project.
RESTAURANTDANCINGCLASSIII We, therefore, respectfully request that upon approval by your
1683MAIN Honorable Body, that the cost of the project be charged to the
Pursuant to Chapter 150 of the City of Buffalo Ordinances, SPECIAL ASSESSMENT FUND #500-000-002-00000, and
please be advised that I have examined the attached that said cost shall be collected against the owner or person in
application for Restaurant Dancing Class III located at 1683 possession benefited, under the provision of Chapter 113 of
Main and find that as to form it is correct. I have caused an the Ordinances of the City of Buffalo.
investigation into the premises for which said application for Mrs. LoTempio moved:
Restaurant Dancing Class III is being sought and according to That the communication from the Department of Community
the attached reports from the Fire Department and the Building Development, dated March 25, 1997, be received and filed; and
Inspector, I find it complies with all regulations and other That the award by the Commissioner of Community
applicable laws. I have caused an investigation by the Police Development of a fire emergency demolition contract to
Department into the moral character of Reginald Wallace. The Battaglia Concrete Construction, at a cost of $3,800.00,
report from the Police Department recommending approval is relating to 20 Guilford a/k/a 24 Guilford; be and hereby is
attached hereto for Reginald Wallace, d/b/a Face's confirmed, ratified and approved, with said cost to be charged
Entertainment Comedy Cafe, at 1683 Main. This request is against Special Assessment Fund #500-000-002-00000, and
submitted for your consideration and whatever action you deem that said cost shall be collected against the owner or person in
appropriate. possession of the premises and/or shall be assessed against
REFERRED TO THE COMMITTEE ON LEGISLATION. the property benefited, in accordance with Chapter II 3 of the
Code of the City of Buffalo.
NO.44 PASSED.
AYES - 13 NOES - 0 - garage only; at a cost of $5,400.00, relating to 2218 Fillmore;
NO.46 at a cost of $6,750.00, relating to 195 Dewey and garage; a
REPORTOFEMERGENCYDEMOLITIONBID(S) total aggregate bid of $13,150.00, be and they hereby are
FORTHEBUILDING(S)STATEDBELOW: confirmed, ratified and approved, with said cost to be charged
130EDGEWOOD-GARAGEONLY against Capital Projects Fund #200-241-003-00000.
110STRAUSS PASSED,
Due to the very serious and hazardous condition(s) of the AYES - 13 NOES - 0
building(s) located at the below stated property(ies), NO.48
inspections were conducted by this department and it was REPORTOFEMERGENCYDEMOLITIONBID(S)417
determined that immediate demolition was necessary due to (1) LEROY298WALNUT,ETAL
the structural condition of the building(s) and/or (2) the Due to the very serious and hazardous condition(s) of the
resulting dangerous and hazardous condition which exists at building(s) located at the below stated property(ies),
this(these) location(s), i.e., in accordance with the guidelines inspections were conducted by this department and it was
outlined in Chapter 113 of the Ordinances of the City of determined that immediate demolition was necessary due to
Buffalo. Please be advised, therefore, that offers to demolish (1) the structural condition of the buildings and/or (2) the
were solicited on March 19, 1997 and the contract(s) will be resulting dangerous and hazardous condition which exists at
awarded to the following lowest responsible bidder(s): this(these) locations, i.e., in accordance with the guidelines
ADDRESS/ OWNER CONTRACTOR/AMT of BID outlined in Chapter 113 of the Ordinances of the City of
130 EDGEWOOD - Buffalo. Please be advised, therefore, that offers to demolish
garage ONLY EMPIRE PROPERTY were solicited on January 29, 1997 and the contracts will be
Philip M. & Mary Reed $ 2,250.00 awarded to the following lowest responsible bidder(s):
130 Edgewood ADDRESS/OWNER CONTRACTOR/ AMT of BID
Buffalo NY 14220 417 LEROY CEDAR WRECKING
110 STRAUSS ENGINEERED DISMANTLING City of Buffalo $ 6,200.00
Edna Hamilton $ 5,800.00 298 WALNUT GEORGIAN BAY
272 Strauss City of Buffalo $ 5,450.00
Buffalo NY 14211 138 SPRUCE J. MARTIN
Please be further advised that the sewer and water services will City of Buffalo $ 7,000.00
be terminated by the demolition contractor and this cost is 249 MARYLAND J. MARTIN
included in the cost of the project. City of Buffalo $ 5,500.00
We, therefore, respectfully request that upon approval by your 42 ROETZER & garage CEDAR WRECKING
Honorable Body, that the cost of the project be charged to the City of Buffalo $ 6,600.00
SPECIAL ASSESSMENT FUND #500-000-002-00000, and Please be further advised that the sewer and water services
that said cost shall be collected against the owner or person in will be terminated by the demolition contractor and this cost
possession benefited, under the provision of Chapter 113 of is included in the cost of the project.
the Ordinances of the City of Buffalo. We, therefore, respectfully request that upon approval by
Mrs. LoTempio moved: your Honorable Body, that the cost of the project be charged
That the communication from the to the CAPITAL PROJECTS FUND #200-241-003-00000.
Department of Community Development, dated March 25, Mrs. LoTempio moved:
1997, be received and filed; and That the communication from the
That the award by the Commissioner of Department of Community Development, dated March 24,
Community Development of emergency demolition contracts to 1997, be received and filed; and
Empire Property, at a cost of $2,250.00, relating to 130 That the award by the Commissioner of
Edgewood garage only; to Engineered Dismantling, at a cost of Community Development of emergency demolition contracts to
I IO Strauss, at a cost of $5,800.00; be and they hereby are Cedar Wrecking, at a cost of $6,200.00, relating to 417 Leroy;
confirmed, ratified and approved, with said cost to be charged to Georgian Bay, at a cost of $5,450.00, relating to 298 Walnut,
against Special Assessment Fund #500-000-002-00000, and to J. Martin, at a cost of $7,000.00, relating to 138 Spruce
that said cost shall be collected against the owner or person in Street; at a cost of $5,500.00, relating to 249 Maryland; to
possession of the premises and/or shall be assessed against Cedar Wrecking, at a cost of $6,600.00, be and they hereby
the property benefited, in accordance with Chapter II3 of the are confirmed, ratified and approved, with said cost to be
Code of the City of Buffalo. charged against Capital Projects Fund #200-241-003-00000.
PASSED PASSED AYES- 13 NOES- 0
AYES - 13 NOES - 0 NO.49
NO.47 REPORTOFASBESTOSREMOVAL/
REPORTOFEMERGENCYDEMOLITIONBID(S)FORTHEDEMOLITIONOFSCHOOLNO'S
BUILDING(S) 23AT877EASTDELAVANAVENUE&
2214FILLMORE-GARAGEONLY 41AT627JEFFERSONAVENUE
2218FILLMORE Due to the very serious and hazardous conditions of the
195DEWEY&GARAGE buildings located at the below-stated properties, inspections
Due to the very serious and hazardous condition(s) of the were conducted by this department and it was determined
building(s) located at the below stated property(ies), that immediate demolition was necessary due to (1) the
inspections were conducted by this department and it was structural condition of the buildings and/or (2) the resulting
determined that immediate demolition was necessary due to (1) dangerous and hazardous condition which exists at these
the structural condition of the building(s) and/or (2) the locations, i.e., in accordance with the guidelines outlined in
resulting dangerous and hazardous condition which exists at Chapter 113 of the Ordinances of the City of Buffalo. Please
this(these) location(s), i.e., in accordance with the guidelines be advised, therefore, that offers to demolish were solicited
outlined in Chapter 113 of the Ordinances of the City of on December 23, 1996 and the contracts will be awarded to
Buffalo. Please be advised, therefore, that offers to demolish the following lowest responsible bidder:
were solicited on January 29, 1997 and the contract(s) will be ADDRESS/OWNER CONTRACTOR/AMT OF BID
awarded to the following lowest responsible bidder(s): 877 East Delavan Avenue Lebis Enterprises
ADDRESS/OWNER CONTRACTOR/AMT of BID Public School No. 23 $305,450.00
Aggregate Bid City of Buffalo
2214 Fillmore - garage ONLY GEORGIAN BAY 627 Jefferson Avenue Lebis Enterprises
City of Buffalo $ 1,000.00 Public School No. 41 $154,400.00
2218 FILLMORE GEORGIAN BAY City of Buffalo
City of Buffalo $ 5,400.00 Please be further advised that the sewer and water services
195 DEWEY & garage GEORGIAN BAY will be
City of Buffalo $ 6,750.00
$13,150.00 total aggregate bid terminated by the demolition contractor and this cost is
Please be further advised that the sewer and water services will included. in the cost of the project.
be terminated by the demolition contractor and this cost is We, therefore, respectfully request that upon approval by
included in the cost of the project. your Honorable Body, that the cost of the projects be charged
We, therefore, respectfully request that upon approval by your to the Capital Projects Fund #200-241-003-00000.
Honorable Body, that the cost of the project be charged to the Mrs. LoTempio moved:
CAPITAL PROJECTS FUND #200-241-003-00000. That the communication from the
Mrs. LoTempio moved: Department of Community Development, dated March 20,
That the communication from the 1997, be received and filed; and
Department of Community Development, dated March 24, That the award by the Commissioner of
1997, be received and filed; and Community Development of emergency demolition contracts to
That the award by the Commissioner of Lebis Enterprises, at a cost of $305,450.00, relating to 877
Community Development of emergency demolition contracts to East Delavan Avenue, Public School No. 23; at a cost of
Georgian Bay, at a cost of $1,000.00, relating to 2214 Fillmore $154,400.00, relating to 627 Jefferson Avenue, Public School
No. 4 1, be and they hereby are confirmed, ratified and 397 Dearborn
approved, with said cost to be charged against Capital Projects Buffalo, New York
Fund #200-241-003-00000. The sewer and water services will be terminated by the
PASSED demolition contractor and this cost is included in the cost of
AYES - 13 NOES - 0 the project.
NO.50 We, therefore, respectfully request that upon approval by
REQUESTTORESCINDDEMOLITION your Honorable Body, that the cost of the project be charged
BIDSFOR273DETROIT&293COIT to the Special Assessment Fund #500-000-002-00000 and
CCPITEM#122DATED10/15/96 that said cost shall be collected against the owner or person
We are requesting your Honorable Body to rescind the in possession benefited, under the provision of Chapter 113
demolition bids as reported in CCP Item #122 dated 10/15/96. of the City of Buffalo.
The demolition bid offers reported were for Great Lakes The additional cost for this project will be $2,942.00
Contracting Inc. to demolish 273 Detroit - $5,060.00 and 293 Mrs. LoTempio moved:
Coit - $6,210.00. Great Lakes Contracting Inc. was awarded That the communication from the
the contracts for the above-stated properties and has not Department of Community Development, dated March 25,
performed the work. Our office therefore is canceling the 1997, be received and filed; and
contract for non-performance of contract. That the award by the Commissioner of Community
The total cost of this project is $11,270.00 and had been Development of emergency demolition contracts to Great Lakes
charged to the Special Assessment Fund #500-000-002-Contracting Inc. be rescinded for non-performance of contract
00000. and awarded to Lebis Enterprises, at a cost of $6,400.00,
Our office will award the contract to the second lowest bidder relating to 46 Wende; at a cost of $5,600.00, relating to 37
Lebis Enterprises for the building located at 273 Detroit and Wende; to J. Martin, at a cost of $7,100.00, be and they hereby
Young’s Auto & House Wrecking for the building located at 293 are confirmed, ratified and approved, with said cost to be
Coit, as listed below: charged against Special Assessment Fund #500-000-002-
ADDRESS/OWNER CONTRACTOR/AMT OF BID 00000, and that said cost shall be collected against the owner
273 Detroit Lebis Enterprises or person in possession of the premises and/or shall be
James & Inez Cureton $5,100.00 assessed against the property benefited, in accordance with
383 Emslie Chapter I 1 3 of the Code of the City of Buffalo. The additional
Buffalo, New York cost for this project will be $2,942.00.
293 Coit Youngs Auto & House Wrecking PASSED.
Marilyn D. Johnson $6,100.00 AYES - 13 NOES - 0
198 Hutchinson NO.52
Buffalo, New York ACCEPTANCEOFFUNDS:WEED
The sewer and water services will be terminated by the SEEDGRANTPROGRAM
demolition contractor and this cost is included in the cost of the The Department of Community Development, through the
project. Division for Neighborhoods, on behalf of the City of Buffalo,
we, therefore, respectfully request that upon approval by your has been awarded federal funding in the amount of $200,000
Honorable Body, that the cost of the project be charged to the from the Executive Office of Weed and Seed through the U.S.
Special Assessment Fund #500-000-002-00000 and that said Department of Justice, for the period October 1, 1996 through
cost shall be collected against the owner or person in March 31, 1998.
possession benefited, under the provision of Chapter 113 of Due to the several bureaucratic inconsistencies at the federal
the ordinances of the City of Buffalo. level and the magnitude of the overall strategy as mandated by
The additional cost for this project will be $70.00 the Weed/Seed philosophy, we did not receive official
Mrs. LoTempio moved: notification that our budget was accepted until April 8, 1997.
That the communication from the Under this grant program, the City of Buffalo will facilitate
Department of Community Development, dated March 25, community empowerment through community policing/law
1997, be received and filed; and enforcement, citizen participation, and neighborhood
That the award by the Commissioner of revitalization. Because this grant involves aggressive law
Community Development of emergency demolition contracts to enforcement and community policing (weeding) , Buffalo's
Great Lakes Contracting Inc. be rescinded for nonperformance Weed and Seed Program will target the area within the
of contract and awarded to Lebis Enterprises, at a cost of boundaries of Police District C in Sectors C1 and C2 (formerly
$5,100.00, relating to 273 Detroit; to Young’s Auto & House known as Precinct #12). This area is the core of the inner-city
Wrecking, at a cost of $6,100.00, relating to 293 Coit, be and and contains portions of the City's Masten (40%), Ellicott
they hereby are confirmed, ratified and approved, with said cost (30%), Fillmore (29%) and Lovejoy (1%) . As part of the
to be charged against Special Assessment Fund #500-000-requirement of this grant program, the overall strategy of
002-00000, and that said cost shall be collected against the Buffalo's Weed and Seed Program will be guided by an
owner or person in possession of the premises and/or shall be Executive Committee appointed by the U.S. Attorney (see
assessed against the property benefited, in accordance with detailed narrative attached).
Chapter ll3 of the Code of the City of Buffalo. The additional As awarded by the Executive Office for Weed and Seed,
cost for this project will be $70.00. through the categorization of the City of Buffalo, our award
PASSED must contain the following components: Please note that we
AYES - 13 NOES - 0 have been directed to keep the budgets for the "weeding"
NO.51 (enforcement) and the "seeding" totally separate - the seeding
REQUESTTORESCINDDEMOLITIONBIDSFOR46percentage must make-up 51% of the grant, while law
WENDE,37WENDE&413GOODYEAR enforcement makes up 49% budget activities, per the
CCPITEM#113DATED10/29/96 Executive Office cannot be mixed:
We are requesting your Honorable Body to rescind the $85,500 - Executive Office for Weed and Seed (EOWS) - This
demolition bids as reported in CCP 113 dated 10/29/96. funding will support the hiring of a Weed and Seed Coordinator
The demolition bid offers reported were for Great Lakes who will be assigned to work strictly within the targeted area
Contracting Inc. to demolish 46 Wende - $6,400.00, 37 (see map within detailed narrative) $39,772 (salary/fringes).
Wende - $5,600.00 and 413 Goodyear $7,100.00. Great Fund the employment of 30 youth through School 53
Lakes Contracting Inc. was awarded the contracts for the (Community School - mandate of grant) during the summer -
above-stated properties and has not performed the work. $16,200
Our office therefore is canceling the contract for non-Travel - Covering costs of coordinator and appropriate staff for
performance of contract. The total cost of this project is Executive Office for Weed and Seed conferences as required
$16,158-00 and had been charged to the Special through our City's award of funds - $3,610
Assessment Fund #500-000-002-00000. Supplies (consumable items for programmatic operations) -
our office will award the contract to the second lowest bidder, $14,300
Lebis Enterprises for the buildings located at 46 Wende & 37 Community Consultants (as requested by "seeding" committee
Wende, J. Martin for the building located at 413 Goodyear, - see detailed narrative) to run sensitivity and community
as listed below: oriented participation training - $5,198
ADDRESS/ OWNER CONTRACTOR/AMT OF BID Bus and Van Transportation for Safe Haven Summer Program
46 Wende Lebis Enterprises - $4,800
George Young Sr. $6,400.00 Phone Expenditures as result of hiring coordinator - $1,620
56 Cornwall $40,000 - Safe Haven - Community School 53 located within
Buffalo, New York targeted area. This funding will allow safe haven to remain
37 Wende Lebis Enterprises open 2 additional evenings per week. Support personnel to
Alan Perrington $5,600.00 manage this extra time - $29,355 (see detailed narrative).
397 Dearborn Travel - Covering cost to mandatory conferences as directed by
Buffalo, New York the Executive Office for Weed and Seed. - $4,740
413 Goodyear J. Martin Nutritional Snacks (for 100 children) as part of community
Alan Perrington $7,100.00 school program - $1,000
School Nurse - Attending to children during summer program empowering citizens by pushing control out of the bureaucracy
due to limited health care in targeted area - $2,000 and into the community. Missions and goals guide staff. They
Rites of Passage Training - Instruction teaching youth self are measuring their performance by focusing on outcomes.
discipline, self respect, etc. $2,000 Their focus is not simply on providing public services, but on
Phone Expenses - $905.00 catalyzing all sectors-public, private, and voluntary--into action
$74,500 - Gun Abatement - This funding will support a gun to solve community problems.
abatement program within the designated target area. Funds The attached document is a full agenda that presents many
will cover the expenses of a 2 officer detail gun car focusing on surmountable challenges. Our economic and housing
the identification and removal of guns from designated area, development agenda frames the Mayor's recommended
supervision, community police officer assigned to "seeding" direction for the 21st century. Most importantly, this agenda
activities, and community policing weed liaison to ensure calls on all sectors of the greater Buffalo community to join us-
coordination of grant activities between the Department and the Mayor, his staff, residents, and you- in forging a new
collaborative partner. (see detailed narrative). - $70,000 Buffalo for Western New York's next generations. If you have
Travel to mandatory conferences as directed by the Executive any questions or comments, please feel free to call me. Thank
Office for Weed and Seed. - $3,720 you for your consideration.
Miscellaneous General Office Supplies - $780.00 REFERRED TO THE COMMITTEE ON COMMUNITY
These expenditures total $200,000; be advised however, that DEVELOPMENT
the City also received $50,000 additional, however, it is federal NO.54
asset forfeiture funds and the Buffalo Police Department will CITYOFBUFFALOWATERFRONT
file separately for acceptance of this funding. MASTERPLAN
We are also requesting that your Honorable Body also Attached hereto, for your review and consideration is the City of
authorize the Comptroller to provide f or an inter-fund cash loan Buffalo Waterfront Master Plan which has been approved by
in the amount of $130, 000 (coordinator position and all other the City Planning Board and Downtown Development, Inc., and
non-personnel expenditures) until such reimbursement is will serve as a formal plan for the City's waterfront
secured from the Department of Justice. The loan would then development. A formal Environmental Impact Statement must
be repaid as the reimbursements are sent to the City from the also be completed.
federal government under the Weed and Seed Grant Program. We look forward to your continued support in our effort
We have been advised by the Executive in translating this plan into a fruitful reality.
Office for Weed and Seed that this program is a REFERRED TO THE COMMITTEE ON COMMUNITY
"reimbursable" program and that we will only be able to secure DEVELOPMENT
an advance in an emergency. FROMTHECOMMISSIONEROFADMINISTRATIONAND
If you are in need of addition information, or have any FINANCE
questions, please contact Maurine Falkowski at 851-4964. NO.55
Thank you for your immediate attention. 'D.SPASIANO-EST.NEWPROCED.CONCESSIONAIRES'
Mrs. LoTempio moved: ITEMNO.81,C.C.P.4/1/97
That the communication from the As the majority of concessionaire contracts are managed by
Department of Community Development, dated April 9, 1997, the Parks Department, I would suggest that any thoughts or
be received and filed; and guidelines your Honorable Body might have be forwarded to
That the Mayor be, and he hereby is, them and to all other departments that have similar
authorized to enter into agreement with the Department of responsibilities. In addition, though, since your Honorable
Community Development, through the Division for Body has final approval over all of the concession contracts, it
Neighborhoods, on behalf of the City, for federal funding in the would be possible for you to engage in discussion and/or make
amount of $200,000 from the Executive Office of Weed and any changes you deem necessary as part of that approval.
Seed through the U.S. Department of Justice, for the period I trust this answers your question.
October 1, 1996 through March 3 1, 1998. That the RECEIVED AND FILED
Comptroller be, and he hereby is authorized to provide for an NO.56
interfund cash loan in the amount of $130,000 (coordinator "RPT.AUDIT--INREMACTION#30"
position and all other non-personnel expenditures) until such ITEMNO.II,C.C.P.4/1/97
reimbursements are sent to the City from the federal The administration supports investigating alternative means for
government under the Weed and Seed Grant Program. pursuing the payment of back taxes. As pointed out in the
PASSED AYES- 13 NOES- 0 audit, the issues surrounding that decision are complex; we are
NO.53 currently part of a group convened by the Comptroller's office
1997STRATEGICPLAN and including representatives of Assessment, Treasury and the
As you begin deliberating the Mayor's recommended 1997-98 Law Department to examine and attempt to move forward in
Community Development Block Grant budget, I want to share addressing them. Should any Councilmember wish to be
with you the Department of Community Development's included in the meetings, I am sure that would be welcomed.
strategic plan. When I assumed the responsibilities as the I trust this answers your question.
Commissioner of both economic and housing development, the REFERRED TO THE COMMITTEE ON FINANCE
Mayor asked me to assemble staff from across all divisions to NO.57
produce such a comprehensive action plan. 'SAL.&WAGESCHEDULE.LOCAL650"
Common to every city neighborhood is a sense of community, ITEMNO.177,C.C.P.4/1/97
diversity, and a desire among residents to prosper. Buffalo's I do not believe that there are any items being disputed in the
backbone has always been the strength and vibrancy of its salary ordinances; they are simply to reflect the changes in
neighborhoods. Buffalo's neighborhoods and its people are the compensation levels that result from the recent contract
city's greatest assets. Mayor Masiello sees this diversity as an agreed to by the City and Local 650.
incredible resource to forge a new Buffalo with partners from all Whether there are ultimately items contained in the agreed-
levels of government, business, finance, philanthropic upon contract that are disputed is a separate issue, which
institutions, non-profit organizations, and community leaders. can be pursued through PERB with both parties
This point is central to the mission of the Department of participating. The administration believes that it acted
Community Development, which is: reasonably and in good faith throughout the negotiation
"TOCREATEECONOMIC,HOUSINGANDQUALITYOFprocess, and that the contract reflects the agreement
LIFEOPPORTUNITIESINBUFFALO'Sreached by the parties.
NEIGHBORHOODS." I trust this answers your question.
That's the first statement that staff and visitors read when they RECEIVED AND FILED
enter the department's main doors. With this mission in mind, NO.58
the staff's work falls under five broad, major goals: "MINORITYHIRINGATWATERAUTHORITY"
· Improve the Quality of Life in Neighborhoods. ITEMNO.173,C.C.P.4/1/97
· Create Home Ownership Opportunities and I have referred your resolution to the Division of Labor
Preserve a Quality Housing Stock. Relations. As you know, Mayor Masiello has made every
· Expand and Retain Businesses and effort to expand the representatives of the City's workforce,
Employment Opportunities. including the Water Authority. We believe that the results of
· Create Downtown as a Regional Mixed-Use those efforts are visible; we are also committed to improving
Center. further.
· Enhance Economic Assets (Paramount As you know, all of the hiring at the Water Authority is done
Projects) throughout the City. according to Civil Service requirements. And, as you are
The Mayor also asked me to draft this plan as a means to hold aware from previous communications, Labor Relations has
our staff accountable and more responsive to residents and convened - a group--including Civil Service--that will examine
others who do business in the City of Buffalo. Under his current city wide employee data in light of the City's
leadership, Community Development staff know that affirmative action plan and make recommendations as to
"community" and .neighborhood' are key elements of the ways that the City can improve its performance. As that
administration's public policy. Community Development's staff group continues its work, they will keep your Honorable Body
is embracing a new entrepreneurial spirit themselves. Staff are informed.
With respect to any privatization of water system operations, NO.64
I am sure you are aware that each of the companies NOTICESOFAPPOINTMENTS-COUNCILINTERNS
submitting proposals has included a statement confirming I transmit herewith appointments to the position of Council
their own commitment to affirmative action hiring, including a Intern.
focus on City residents. Should you have further questions Mrs. LoTempio moved the approval of the appointments to the
about the proposals, I am happy to speak directly with you. position of Council Intern.
I trust this answers your question. ADOPTED.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE Appointment Effective April 1, 1997 in the Department of
NO.59 Common Council, to the Position of Intern V, Seasonal,
AFFIRMATIVEACTIONPLAN at the Flat Starting Salary of $8.00 per hr.
ITEMNO.,201,C.C.P.12/10/96 Ivette Corredor, 585 Linwood Ave, Buffalo 14209
A monthly meeting has been established to review the City of Appointment Effective April 1, 1997 in the Department of
Buffalo Affirmative Action Plan, create action plans, assign Common Council, to the Position of Intern IV, Seasonal,
responsibilities, set goals and objectives, and implement at the Flat Starting Salary of $6.00 per hr.
recommendations. Deputy Director of Labor Relations, Brian Joshua Quintana, 7 Marine Drive ,Buffalo, NY 14202
Stocker, will be the coordinating this meeting. A meeting was Jakob Jung, 88 Cumberland Ave., Buffalo, NY 14220
held on March 25th in which the following people were in NO.65
attendance: Brian Stocker, Emilio Fuentes, Pat Frauenheim, NOTICESOFAPPOINTMENTS-SEASONAL/FLAT
Maureen Oakley, Alberto del Valle, Don Allen, Ruth Luchey- I transmit herewith certificates received by me, reporting
Toliver, G.G. Herndon. Issues that were discussed at the seasonal and flat salary appointments made in various
March 25th meeting were: departments.
Accuracy of our current data and establishing a RECEIVED AND FILED.
fail-safe system to get accurate data MAYOR-EXECUTIVE
Proper categorization of titles Appointment Effective 04-07-97 in the Department of Mayor
Survey of our current work force Executive, Division of Bd. of Parking to the position of
Scope of authority throughout various City Seasonal, at the Flat Starting Salary of $ $5.20
agencies JENNIFER, 37 HAVEN, BUFFALO, N Y 14211
Contracting with minority vendors BOARDOFSTADIUM&AUDITORIUM
Implementation Appointment Effective: April 21, 1997 in the Department of
Census data Stadium and Auditorium
Scope of authority outside of City employment Division of North AmeriCare Park to the Position of Laborer I
Reporting requirements for obtaining Federal grant Seasonal, at the Flat Starting Salary of $6.22
moneys Sidney Brown, 39 Strauss Street, Buffalo, 14211
We will keep your Honorable Body up to date with further Appointment Effective April 3, 1997 in the Department of
developments. If you have any questions, you can contact Stadium and Auditorium
the EEO Coordinator, Brian Stocker, at 5900. Division of North AmeriCare Park, to the Position of Laborer I
REFERRED TO THE COMMITTEE ON CIVIL SERVICE Seasonal, at the Flat Starting Salary of $6.22
NO.60 Janet Davis, 210 Olympic Avenue, Buffalo, 14215
CORRECTLOCAL650SALARYORDINANCE Appointment Effective April 1, 1997 in the Department of
The attached job titles were inadvertently left off the Stadium and Auditorium
recently approved 650 Contract Settlement. These positions Division of North AmeriCare Park, to the Position of Sr/. First
are funded under a T & A grant and they should have been Class Stationary
included in the Salary Ordinance. We respectively request that Engineer, Temporary at the flat starting salary of $7.33
these be approved. John LoTempio, 57 Wilbury, Buffalo 14216
(NOTE: Old Salaries are in brackets) James Delmont, 106 Hartwell, Buffalo 14216
620 TRUST AND AGENCY - STATE DEPARTMENTOFASSESSMENT
50 DEPARTMENT OF HUMAN SERVICES, PARKS & Appointment Effective April 7,1997 in the Department of
RECREATION Assessment
6 - DIVISION FOR YOUTH to the Position of Clerk, Seasonal, at the Flat
296 CRIMINAL JUSTICE starting salary of $5.20 / Hr.
Sandra J. Stotz, 4 Roebling Ave., Buffalo, NY 14215
DEPARTMENTOFPUBLICWORKS
1 Youth Court Program Coordinator ($37,000) $38,857
1 Youth Court Program Aide (Hourly) ($10.36) $ 10.79 Appointment Effective: April 9, 1997 in the Department of
Mrs. LoTempio moved: Public Works
That the Director of the Budget be and he hereby is Division of Water
authorized to amend the Salary Ordinances to include two (2) to the Position of Water Service Worker, Seasonal,
positions in the Department of Human Services, Parks and at the: Flat starting salary of $6.26
Recreation, Division of Youth funded under a Trust and Agency Philip E. Frederick, 80 Avery Ave., Buffalo 14216
Grant. James Vazquez, 55 Shoshone, Buffalo 14214
PASSED. Appointment Effective: April 7, 1997 in the Department of
AYES-13. NOES-0. Public Works Division
FROMTHECITYCLERK Of Buildings, to the Position of Laborer I, Seasonal,
NO.61 at the Flat Starting Salary of $ 6.22
LIQUORLICENSEAPPLICATIONS Rolinda C. Hill, 5 Viola Park, Buffalo 14208
Attached hereto are communications from persons applying for Joseph Pepe, 699 Abbott Road, Buffalo 14220
liquor licenses from the Erie County Alcohol Beverage Control DEPARTMENTOFFIRE
Board. Appointment Effective April 7, 1997 in the Department of Fire
Address Business Name Owner's Name ,to the Position of'
2 Schreck St. Sugar Hill Tavern Veronica Gerald Assistant Fire Alarm Dispatcher, contingent permanent
1111 Fuhrmann Blvd. Slip Aweigh Rest. Fieri of WNY at the flat Starting Salary of $45,693.
72-76 Pearl St. Pearl St. Brewing Anthony L. Fumerelle Frank M. Lucca, 416 North Forest , Williamsville,, 14221
RECEIVED AND FILED Appointment effecftive April 1, 1997 in the Department of Fire
NO.62 to the Position of' Master of tile fire boat
LEAVESOFABSENCEWITHOUTPAY Seasonal, Starting Salary of $24.31 per hr.
I transmit herewith notifications received by me, reporting the Michael Farrell, 255 Independence,Orchard Park, 14124
granting of the leaves of absence John Terech, 2 Ridgewood Dr.,Orchard Park, 14127
without pay, in the various departments as listed: Appointment Effective April 1, 1997 in the Department of
Comptroller- Maria Hejna Fire, to the position of marine Engineer, Seasonal
Police- Jenyne Langhorne at the flat Starting Salary Of $23.13/hr
Community Development- Gary Ziolkowski George Evans, 23 Arbour Dr., Buffalo, 14220
Street Sanitation- Kevin Lillis, Jr. William Robinson, 22 Chesterfield, Buffalo, 14215
RECEIVED AND FILED. John J. Hartek, 79 Heussy Street, Buffalo, 14220
NO.63
REPORTSOFATTENDANCE
I transmit herewith communications received by me, from the NO.66
various boards, commissions, APPOINTMENTS-TEMPORARY,PROVISIONALOR
agencies and authorities reporting the membership attendance PERMANENT
at their respective meetings: I transmit herewith Appointments in the various
Buffalo Sewer Authority departments made at the Minimum (Temporary, Provisional or
City Planning Board Permanent) and for Appointments at the Maximum (as per
RECEIVED AND FILED. contract requirements) .
REFERRED TO THE COMMITTEE ON CIVIL SERVICE. Broadway, just to name a few. The presence of so much night
DEPARTMENTOFPUBLICWORKS life acted as a major economic generator for the City by
Appointment Effective April 8, 1997 in the Department of attracting many talented people in the related arts who
Public Works established music stores, dance academies, and theater
Division of Water, to the Position of Maintenance Assistant-supply outlets etc., along Upper Main Street and in the
Water surrounding area. The most prominent was the Tonawanda-
Temporary, at the Minimum Starting Salary of $ 24,138 based Wurlitzer Company, which built a large music store near
William J. Appenheimer, 22 Kail Street, Buffalo, New York Shea's Buffalo. Pearl Street, then an area of boarding houses
14207 and residential hotels, became known as "Back Stage Street",
Appointment Effective April 9, 1997In the Department of its speakeasies, gambling parlors and bawdy houses were
Public Works frequented by visiting performers, as well as by Buffalo's more
Division of Buildings, to the Position of Laborer II, Permanent adventurous residents. The atmosphere was enlivened by the
at the: Minimum Starting Salary of $10.15 hr. presence each year of thousands of conventioneers who were
Victor C. Orlando, 232 Linden Avenue, Buffalo 14216 able to stay conveniently close to the area in the City's dozen,
NON-OFFICIALCOMMUNICATIONS,PETITIONSANDfirst-class hotels.
REMONSTRANCES During the 1960's and early 1970's, the Downtown
NON-OFFICIALCOMMUNICATIONS Retail/Theatre District, once recognized as one of the most vital
NO.67 in the State of New York, was reduced to a decaying center city
BEDC district.
"BUTFOR",A$1,225,000SECTION108LOANFORTHE In 1979, the City of Buffalo, in response to the
DOWNTOWN problems affecting the entire Central Business District (CBD)
RETAILPROJECT(L.L.BERGERS)("PROJECT")-in general, initiated a comprehensive redevelopment plan
BUFFALO,NEWYORK designed to reverse the pattern of urban decay impacting this
The City of Buffalo is requesting authorization area. Landmark restorations such as that of Shea's Buffalo
for a $1,225,000 Section 108 Loan for the purpose of financing were undertaken and successfully completed. The
the balloon payment on the Downtown Retail Project (L.L. establishment through special State Legislation of a Business
Bergers), which matures in August, 1997. Improvement District, Buffalo Place, helped stabilize the entire
DETERMINATION OF MEETING HUD NATIONAL CBD. New innovative projects like Theatre Place, formally the
OBJECTIVE: Goldome Corporate now M & T Bank's corporate offices,
The subject activity is determined to be an eligible Norstar Bank Headquarters, the Hyatt Hotel, Olympic Towers,
activity pursuant to Section 570.208 (b) (3) , Elimination of and many others helped to revive large areas of downtown and
Slums/Blight in an Urban Renewal Area. bring pedestrians back to areas of the City that had been
The project is located in the Downtown Entertainment virtually abandoned.
District Phase I Urban Renewal area which was designated Unfortunately, during these trying times in Buffalo's
July 25, 1978, C.C.P. No. 256; amended February 20, 1979, history when the market shifted from the City to suburban
C.C.P. No. 171. The Planning Board held public hearings and malls, and during that same period when the City's Light Rail
approved the Urban Renewal Plan May 1, 1979, C.C.P. No. 86. Rapid Transit System was being constructed along Main
The Urban Renewal Plan is of a 40 year duration and expires Street, the L.L. Bergers Department Store lost the majority of
April 30, 2019. its customer base. In an attempt to retain the business in
The following is an overview of the credit: downtown Buffalo while it implemented its
Background Information strategic plan to capture a different segment of the
The L.L. Bergers Department Store, which had marketplace, the city provided the business with a $2 million
operated an upscale clothing store out of the same location at float loan to pay down its aging payables. Also, during that
500-514 Main Street since 1928, filed petition for Chapter 7 same period, the Buffalo Enterprise Development Corporation
Bankruptcy and subsequently went out of business in April of (BEDC) provided a $485,000 credit facility which provided the
1991. funds to pay down a line of credit which was in full use.
Because of its strategic location in the Downtown Despite the efforts of the City and the BEDC to
Entertainment District Urban Renewal Plan Phase II area, the prevent closure of the business, the devastation it experienced
Buffalo Urban Renewal Agency (BURA) acquired the property, could not be reversed.
a 190,000 sq. ft., seven (7) story building, from the Bankruptcy COLLATERAL:
Trustee, to gain public control of it so that it did not lie vacant The Section 108 loan will be secured by a 1st
and deteriorate and be a blighting influence on Main Street. mortgage on the land and buildings located at 500-514 Main
The total cost to acquire the building of $1,735,000 was Street. An independent appraisal done in 1989 and again in
financed with Section 108 loan funds. 1990 assessed the FMV at $2,025,000 and $2,337,500
Purpose of the Financing: respectively. Because of the property's close proximity to
The purpose of the financing is to recast the balloon several major developments in downtown Buffalo, such as the
payment of $1,225,000 on the Section 108 loan, which is due Olympic Towers Office Complex, Hyatt Regency Hotel, the Key
and payable on August 1, 1997. Towers Office Building, the former Goldome Bank building and
Necessity of the financing: the Radisson Hotel, just to name a few, the value of the asset
Even though the large glass display windows are in today's downtown real estate market should be equivalent to
decorated with various antique artifacts of the City of Buffalo, or greater than the value determined in 1990. Therefore, the
other types of memorabilia, and occasionally an advertisement, HUD 1250% collateral coverage should be easily attainable.
there has been no activity in the building since L.L. Bergers DAVIS BACON:
closed in 1991. Davis-Bacon legislation does not apply because the
Marketing the building has been a difficult task Section 108 loan will finance a balloon payment. This is in
because the interior is configured in such a way that accordance with HUD area office policy determination
conversion from retail to other commercial uses would be regarding Davis-Bacon.
costly. Several interested parties have toured the building, and NECESSARY AND APPROPRIATE:
have expressed an interest in purchasing it and converting it to: The loan is Necessary due to the inability of the City
a four (4) star hotel, commercial office space, expansion of the to secure bank financing to refinance the existing $1,225,000
Buffalo Convention Center. However, to date, the City has not Section 108 loan.
received any bona fide offers. The primary reason refinancing of the Section 108
Unfortunately, in its present state, the building does by a bank is not an option is because the building is revenue
not meet the lease-up prerequisites of a private sector lender. neutral. Therefore, the debt coverage ratio and other
Therefore, conventional financing is unobtainable at this time. underwriting criteria imposed by a private sector lender can not
Demographic Information be met.
The Project is located in an area of the City of The most notable reason recasting of the Section
Buffalo known as the Downtown Retail/Theatre District. During 108 loan is Necessary is that the City of Buffalo is currently
the early 1900's, and up until the 1970's, the City of Buffalo's facing fiscal difficulties, caused in part, by the recent multi-
Theatre/Entertainment million court decision in favor of the Board of Education
District was one of the largest in the United States. There were Teachers Union. Therefore, the City does not have surplus
theater's, restaurant's, dance hall's, pinball parlor's, billiard revenues available to fund the balloon a payment.
hall's, speakeasies and more daring pleasures to attract The funding is Appropriate because it will relieve the
residents and out-of-towner's to downtown Buffalo. A 1925 City of Buffalo of a financial burden that it could not resolve
"Recreation Survey" of Buffalo sponsored by the City Planning without depriving its residents of services that are necessary
Association, a civil improvement group, identified seven (7) and appropriate to their well being.
theaters in the area between Genesee and Edward Streets TERMS AND REPAYMENT:
alone. By 1930, there were eleven "movie palaces" in operation The Section 108 loan will require principal and
along Main Street between Huron and Edward -Shea's interest payments amortized over a fourteen year 14) year
Hippodrome (later the Center) ; Shea's Great Lakes (later the period. Amortization of the loan will initially be paid out of
Paramount) ; Shea's Tech; Shea's Buffalo; the Cinema programmed CDBG funds until such time as a
Theater; the Century Theater; and the Lafayette Theatre on purchaser/developer for the property is secured and at which
time the purchaser/developer will be required to assume the in cardiac arrest. Without question, the sooner a patient in
Section 108 loan. cardiac arrest is defibrillated, the greater are his/her chances
Attached herewith as Attachment A is the proposed of survival. Buffalo Fire is the ideal agency to serve in this
amortization schedule. vital role within the City since Buffalo firefighters are usually
"But For" a Section 108 loan in the amount of the first care providers to treat critically ill patients. Even
$1,225,000 as a resolution to this dilemma, the City's fiscal though the transporting ambulance typically arrives within
difficulties will be further intensified. minutes, delaying defibrillation until the arrival of paramedics
REFERRED TO THE COMMITTEE ON COMMUNITY will result in lower chances of survival.
DEVELOPMENT Early defibrillation by a first responder has become
NO.68 the standard of care throughout Erie County. Currently,
R.KERN approximately 50 agencies including the City of Tonawanda
ETHICAL/LEGALISSUES-RESIDENCY Fire Department, City of Lackawanna Fire Department,
Attached please find a communication from Richard Kern, Lancaster Police Department, and numerous commercial
MSW, Housing Advocate, requesting an appearance before and volunteer fire departments and ambulance agencies
the Civil Service Committee meeting to address certain defibrillate throughout Erie County.
residency issues. Last year, the Buffalo Fire Department responded
RECEIVED AND FILED to a total of 32,000 calls of which 22,000 were EMS related.
NO.69 Although approximately two-thirds of Buffalo Fire's
REPLACEMENTOFROUTE62BRIDGE responses are EMS, only one officer is assigned to EMS
OVERCONRAILINBUFFALOERIECOUNTY administration. And of note, this lieutenant is also
The completed work on this contract was accepted by this responsible for other non-EMS duties!
department on March 10, 1997. I think you will agree that the current number of
The maintenance responsibilities for those features indicated Buffalo Fire officers assigned to EMS is inadequate to safely
on the attached contract plans and effectively oversee implementation of a successful
are hereby turned over to your agency. citywide EMS defibrillation program. Since Buffalo
RECEIVED AND FILED firefighters ultimately provide patient care under the medical
NO.70 licenses of our emergency physicians, I cannot in good
NYSDOTREPLACEMENTOFOHIOSTREETBRIDGEconscious allow this defibrillation program to proceed without
(COMPOSITE adequate dedicated Buffalo Fire administrative personnel.
GIRDER)OVERCONRAILINTHECITYOFBUFFALOERIETherefore, I request that you consider approval of a minimum
COUNTY of I additional EMS captain and 4 additional EMS lieutenant
The completed work on this contract was accepted by this positions to oversee daily patient care, conduct ongoing
department on February 21, 1997. quarterly training, and continuously perform quality
The maintenance responsibilities for the existing/new features assurance activities.
are hereby turned over to the Interestingly, local businesses and corporations
agency or local unit of government having the original will likely purchase defibrillators to hang on the wall next to
jurisdiction. the fire extinguisher for use by employees. A fire department
RECEIVED AND FILED that responds without a defibrillator to one of these locations
NO.71 would, in essence, mean sending a lower level of care!
ROSWELLPARK I hope you will agree that the Buffalo Fire
MODERNIZATIONPROGRAM Department is truly at a cross-roads in its development.
Enclosed please find information regarding minority Significant support has and will be continued to be provided by
participation statistics and a current project progress overview. us to allow this worthy program to proceed. I ask that you
If you have any questions about this report do not hesitate to consider giving Buffalo Fire the resources it needs to take
call our office. Thank you. advantage of this situation and provide state-of-the-art first
RECEIVED AND FILED response (i.e., non-transporting) pre-hospital care to our
NO.72 friends and neighbors. Please do not hesitate to contact me if
SUNYAB you would like to discuss this matter further.
BUFFALOFIREEMSOFFICERS REFERRED TO THE COMMITTEE ON LEGISLATION,
As the system medical director for the Buffalo Fire Department, CORPORATION COUNSEL, COMMISSIONER OF FIRE
I am writing to request your assistance with a matter that will AND EMERGENCY SERVICES MEDICAL BOARD.
mean the difference between life and death for some City of PETITIONS
Buffalo residents and visitors. As you may know, the fire NO.73
department has made significant strides in emergency medical A. Jacobi, petition to use 141 Abbott Rd. for a pole sign.
services (EMS) over the past three years. However, the ability REFERRED TO THE COMMITTEE ON LEGISLATION, THE
to upgrade to the current national standard of care which CITY PLANNING BOARD
includes early defibrillation hinges upon your support. At no AND THE COMMISSIONER OF COMMUNITY
cost to the City, Buffalo Fire has commitments for all but one of DEVELOPMENT.
the components necessary to add defibrillation (i.e.. electrically NO.74
shocking the heart of a patient in cardiac arrest) to the C. Wilson, petition to use 222-228 Emslie for a human service
firefighters' patient care armamentarium. I am asking that you facility.
help Buffalo Fire add the final component - dedicated Buffalo REFERRED TO THE COMMITTEE ON LEGISLATION, THE
Fire EMS officers to administrate this life saving program. The CITY PLANNING BOARD
three components already in place include: AND THE COMMISSIONER OF COMMUNITY
• Training: Nearly 60% of Buffalo firefighters DEVELOPMENT.
have been trained at the certified first NO.75
responder level, and approximately 25% are Watergate 11, owner, (CellularOne), petition to use 32 Hertel
certified to provide defibrillation thus far. for Antennas.
Training costs have amounted to more than REFERRED TO THE COMMITTEE ON LEGISLATION, THE
$64,000 and have been totally funded by the CITY PLANNING BOARD AND THE COMMISSIONER OF
County of Erie and New York State. COMMUNITY DEVELOPMENT
• Medical Direction: Emergency physicians and NO.76
support staff from the D. Rossitio and others-Oppose Privatization of
Department of Emergency Medicine at the University Water Division
of Buffalo, along with the Erie County Division of REFERRED TO THE COMMITTEE OF THE WHOLE
Emergency Services, have agreed to provide NO.77
medical direction (i.e., physician oversight and Petition from T. Glover and other residents asking
responsibility for patient care) for this proposed that Littell Street be repaved with blacktop over the cobblestone
Buffalo Fire EMS program. This medical direction street to insure safer road conditions.
will be provided at no cost to the City of Buffalo; REFERRED TO THE COMMITTEE ON FINANCE AND
however, charges for medical direction throughout COMMISSIONER OF PUBLIC WORKS.
the United States can be over $1 00,000 annually. NO.78
• Equipment: SurVivaLink Corporation has Charles J. Ciotta and others in opposition of the
committed to donating 33 opening of the Colonie Lounge; an Adult and Nude business on
defibrillators to Buffalo Fire at a total cost of $1 Hertel Avenue. The Colonie Lounge is located in a residential
00,000 in exchange for anonymous cardiac arrest area of North Buffalo at 1795 Hertel Ave.
survival data. Buffalo is fortunate to have been I am a concerned Citizen and lifelong resident of the North
selected as I of only 6 cities to participate in this Buffalo Community.
program! REFERRED TO THE COMMITTEE ON LEGISLATION
Early defibrillation has been accepted by both the NO.79
American Heart Association and national, as well as local, D. Daniels and others- Request paving of Ericson Avenue
emergency physicians as definitive treatment for patients
the
REFERRED TO THE COMMITTEE ON FINANCE AND CHAIRMAN
COMMISSIONER OF PUBLIC WORKS. NO.91
REGULARCOMMITTEES RESULTOFNEGOTIATIONS-586NIAGARA
CIVILSERVICE (ITEMNO.24,C.C.P.,MAR.4,1997)
HON.DAVIDCZAJKA That the offer of Mr. Jose Palma, 771
CHAIRMAN Ransom Road, Grand Island, New York, in the sum of
NO.80 $4,000.00 (Four Thousand Dollars) to purchase the property
AUDIT-POLICE/FIREIODCOST(COMPT) described as 586 Niagara Street, be and hereby is accepted;
ITEMNO.10,CCP,DEC.10,1996 and
That the above mentioned Item be and the same is hereby That the appraisal requested by the City
received and filed. of Buffalo shall be paid by the purchaser; and
ADOPTEDNO.81 That the transfer tax, recording fees and
RESPONSIBILITYFORINJUREDONDUTY(POL) cost of legal description shall be paid by the purchaser.
(ITEM#40CCPFEBRUARY18,1997) That the Corporation Counsel shall
That the above mentioned Item be and the same is hereby prepare the necessary documents for the transfer of title and
received and filed. that the Mayor be authorized to execute the same, in
ADOPTED accordance with the terms of sale upon which the bid was
NO.82 submitted.
AUDIT-IODCOSTS(FIRE) PASSED
ITEM#47CCPAPRIL1,1997) AYES- 13 NOES- 0
That the above mentioned Item be and the same is hereby NO.92
received and filed. EXPLOREPAYPHONE/RENTALLICENSING
ADOPTED ARRANGEMENT
NO.83 (ITEM#165CCPNOVEMBER12,1996)
NOTICEOFAPPTS.-TEMP./PROV./PERM.(CITYCLK) That the above mentioned Item be and the same is hereby
That Communication 77, April 1, received and filed.
1997, and all the appointments be hereby approved. ADOPTED
PASSED NO.93
AYES- 13 NOES- 0 PAYPHONERENTAL/LICENSEES(PW)
NO.84 (ITEM#27CCPDECEMBER23,1996)
APPOINTMENTJUNIORENGINEER That the above mentioned Item be and the same is hereby
That Communication 40, April 1, received and filed.
1997 be received and filed and the Intermediate appointment of Mr. Franczyk moved that the above item be recommitted to the
Steven J. Stepniak stated above at the intermediate salary Committee on Finance.
$28,898.00 effective on March 21, 1997 is hereby approved. ADOPTED.
PASSED NO.94
AYES- 13 NOES- 0 APPROVECONTRACT/CONTRACTCHANGES(PW)
NO.85 ITEMNO.6,CCP,JAN.7,1997
APPOINTMENT That the above mentioned Item be and the same is hereby
BRIDGEOPERATINGENGINEER received and filed.
That Communication 41, April 1, ADOPTED
1997 be received and filed and the Intermediate appointment of NO.95
Daniel Griffin stated above at the Intermediate salary GETHESEAMEBAPTISTCHURCH-ACQ.22ROSEST.
$26,252.00 effective on March 17, 1997 is hereby approved. ITEMNO.86,CCP,MAR18,1997
PASSED That the above mentioned Item be and the same is hereby
AYES- 13 NOES- 0 received and filed.
NO.86 ADOPTED
APPOINTMENT NO.96
BRIDGEOPERATINGENGINEER INFO.-ACQ.22ROSEST.(COMPT)
That Communication 42, April 1, (ITEM#16CCPAPRIL1,1997)
1997 be received and filed and the Intermediate appointment of That the above mentioned Item be and the same is hereby
Thomas Coonly stated above at the Maximum salary received and filed.
$27,018.00 effective on March 17, 1997 is hereby approved. ADOPTED
PASSED NO.97
AYES- 13 NOES- 0 WANDEL-REQ.ASST-ASSESSEDVALUATION-244
NO.87 WEISSST.
APPOINTMENT (ITEM#93CCPMARCH18,1997)
CAULKERSUPERVISORI That the above mentioned Item be and the same is hereby
That Communication 43 April 1, 1997 received and filed.
be received and filed and the Temporary appointment of ADOPTED
Salvatore Abbate, Jr., stated above at the Intermediate salary NO.98
$28,379.00 effective on March 31, 1997 is hereby approved. WANDEL-ASSESSEDVALUATION-224WEISS(ASSMT)
PASSED AYES- 13 NOES- 0 (ITEM#20CCPAPRIL1,1997)
NO.88 That the above mentioned Item be and the same is hereby
APPOINTMENT received and filed.
ASST.CORPORATIONCOUNSELI/MUNICIPALADOPTED
ATTORNEY NO.99
That Communication 49, April 1, REPORTOFEMERGENCYDEMOLITIONBID-1597
1997 be received and filed and the Temporary appointment of GENESEE(ITEMNO.50,C.C.P.,MAR.18,1997)(ITEMNO.
Kevin S. Doyle stated above at the Intermediate salary II9,C.C.P,APR.,1,1997)
$38,840.00 effective on March 17, 1997 is hereby approved. That the award by the Commissioner of
PASSED AYES- 13 NOES- 0 Community Development of emergency demolition contracts to
NO.89 Cedar Wrecking, at a cost of $13,600.00, relating to 1597
APPOINTMENT Genesee is hereby confirmed, ratified and approved, with said
SUPERVISOROFLICENSES&PERMITS cost to be charged against Special Assessment Fund #500-
That Communication 61, April 1, 1997 000-002-00000, and that said cost shall be collected against
be received and filed and the Permanent appointment of the owner or person in possession of the premises and/or shall
Patrick Sole, Jr. stated above at the Intermediate salary be assessed against the property benefited, in accordance with
$33,158.00 effective on March 14, 1997 is hereby approved. Chapter 113 of the Code of the City of Buffalo.
PASSED PASSED AYES- 13 NOES- 0
AYES- 13 NOES- 0 NO.100
NO.90 RESULTOFNEGOTIATIONS-88HOLT
APPOINTMENT (ITEMNO.8,C.C.P.,APR.1,1997)
CHIEFBUILDINGINSPECTOR That the offer from the Food Bank of
That Communication 62, April 1, Western New York, 91-95 Holt Street, in the sum of $6,300.00
1997 be received and filed and the Permanent appointment of (Six Thousand and Three Hundred Dollars) to purchase the
Gary Ziolkowski stated above at the Maximum salary property described as 88 Holt Street, be and hereby is
$42,773.00 effective on March 24, 1997 is hereby approved. accepted; and
PASSED That the appraisal requested by the City
AYES- 13 NOES- 0 of Buffalo shall be paid by the purchaser; and
FINANCE That the transfer tax, recording fees and
HON.DAVIDFRANCZYK cost of legal description shall be paid by the purchaser.
That the Corporation Counsel shall HON.ALFREDT.COPPOLA
prepare the necessary documents for the transfer of title and CHAIRMAN
that the Mayor be authorized to execute the same, in NO.106
accordance with the terms of sale upon which the bid was R.BENDERSON-PETITIONTOUSE2141ELMWOOD-
submitted. POLESIGN
PASSED AYES- 13 NOES- 0 (ITEMNO.86,C.C.P.,APR.1,1997)
NO.101 That after a public hearing before the Committee on Legislation
RENEWLEASE-THEHADJTEMPLE on April 8, 1997 the petition of R. Benderson (Lockport Savings
(ITEMNO.15,C.C.P.,APR.1,1997) Bank), for permission to use 2141 Elmwood Avenue for a pole
That the Comptroller be, and hereby is sign be, and hereby is approved on the condition that
authorized to renew the lease between the City of Buffalo and landscaping is provided at the base of the pole.
Jewell Magee on behalf of The Hadj Temple, No. 61, of 42 PASSED
Haven Street, for the lease of 50 Haven Street, for a five (5) AYES- 13 NOES- 0
year term commencing September 13, 1995 and to expire NO.107
September 12, 2000, the annual rental fee to be charged is NIAGARACOLDDRAWNCORP.-PETITIONTOUSE110
$5.00 (Five Dollars). Insurance is to be provided saving the HOPKINSSTREET-OFFICEADDITION
City harmless from any liability set forth per Item No. 197, (ITEMNO.87,C.C.P.,APR.1,1997)
C.C.P., 3/31/87; and that the Corporation Counsel be That after a public hearing before the
authorized to prepare the necessary documents to renew said Committee on Legislation on April 8, 1997 the petition of
lease and that the Mayor be authorized to execute the same. Niagara Cold Drawn Corp., for permission to use I IO Hopkins
PASSED Street for an office addition be, and hereby is approved.
AYES- 13 NOES- 0 PASSED
NO.102 AYES- 13 NOES- 0
PARKSIDELODGELEASE NO.108
(ITEMNO.37,C.C.P.,APR.1,1997) CONGREGATIONBETHABRAHAM-PETITIONTOUSE
That the above item be, and the same 1065ELMWOOD-OUTDOORCAFE
hereby is, returned to the Common Council without (ITEMNO.94,C.C.P.,MAR.18,1997)
recommendation. That the above item be, and the same
Mr. Franczyk moved: hereby is, returned to the Common Council without
That the Commissioner of Public Works recommendation.
be, and he hereby is, to enter into a lease agreement between Mr. Coppola moved:
the City and Buffalo Olmsted Parks Conservancy for the That after a public hearing before the
Parkside Lodge in Delaware Park for the rental fee of $ 1.00 Committee on Legislation on April 8, 1997 the petition of
per year, subject to the following conditions: Congregation Beth Abraham, owner, Tony Aucchia, agent, for
1. A provision will be added permission to use 1065 Elmwood Avenue for an outdoor cafe
addressing the future subleasing of the be, and hereby is approved with the following conditions:
lodge to a concessionaire which will detail 1. The sidewalk cafe will be enclosed
the assessment of garbage user fees and by a wrought iron railing.
other services beyond the normal usage; 2. No music will be allowed outside
and 3. The area surrounding the property
2. Additional language will be will be kept free of snow, ice and
included to clarify the Conservancy's debris.
insurance coverage against theft and loss 4. All conditions as recommended by
of Conservancy property within the the Planning Board.
building. PASSED
PASSED AYES- 13 NOES- 0
AYES- 13 NOES- 0 NO.109
NO.103 USE1065ELMWOOD(C.P.B.D.)
REPORTOFFIREEMERGENCYDEMOLITIONBID-384(ITEM#4CCPAPRIL1,1997)
CORNWALLANDGARAGE That the above mentioned Item be and the same is hereby
(ITEMNO.55,C.C.P.,APR.1,1997) received and filed.
That the award by the Commissioner of ADOPTED
Community Development of an emergency demolition contract NO.110
to Battaglia Concrete Construction, at a cost of $7,595.00, CITYHALLSECURITY
relating to 384 Cornwall and garage is hereby confirmed, (ITEM#164CCPJULY9,1997)
ratified and approved, with said cost to be charged against That the above mentioned Item be and the same is hereby
Special Assessment Fund #500-000-002-00000, and that said referred to Budget.
cost shall be collected against the owner or person in ADOPTED
possession of the premises and/or shall be assessed against NO.111
the property benefited, in accordance with Chapter 113 of the CITY-WIDEADOPT-A-LOTPROGRAM(CD)
Code of the City of Buffalo. (ITEM#49CCPFEBRUARY4,1997)
PASSED That the above mentioned Item be and the same is hereby
AYES- 13 NOES- 0 received and filed.
NO.104 ADOPTED
RESERVEFORCAPITALAPPROPRIATIONS-DIVISIONNO.112
OFTREASURY ADOPT-A-LOTPROGRAM(A&F)
(ITEMNO.180,C.C.P.,APR.1,1997) (ITEM#115CCPDECEMBER23,1997)
That pursuant to Section 41 of the That the above mentioned Item be and the same is hereby
Charter and the Certificate of the Mayor and the Comptroller, received and filed.
the Comptroller be, and he hereby, is authorized and directed ADOPTED
to transfer the sum of $5,218 from 100-890-050 - Reserve for NO.113
Capital Appropriations to meet the increased appropriation to
100 General Fund, 93 0 -Highway and Highway Improvement. ADOPT-A-LOTPROGRAMBEDC
PASSED (ITEM#116CCPDECEMBER23,1996)
AYES- 13 NOES- 0 That the above mentioned Item be and the
NO.105 same is hereby received and filed.
INCREASEDAPPROPRIATION-DEPARTMENTOFADOPTED
POLICE-EXEMPTITEMS NO.114
ANDENGINEERINGANDTECHNICALSERVICES ADOPT-A-LOTPROGRAM(PW)
(ITEMNO.181,C.C.P.,APR.1,1997) (ITEM#23CCPJANUARY21,1997)
That pursuant to Section 41 of the That the above mentioned Item be and the same is hereby
Charter and the Certificate of the Mayor and the Comptroller, received and filed.
the Comptroller be, and he hereby, is authorized and directed ADOPTED
to increase the revenue estimate of account 100- General Fund NO.115
6203 2 - Deposit of Unclaimed Property in the sum of ADOPT-A-LOTPROGRAMSTS)
$112,000 to I 00 General Fund 9 1 0 Building Construction and (ITEM#57CCPJANUARY21,1997)
Improvements in the sum of $ 1 00,000 and I 00 General Fund That the above mentioned Item be and the same is hereby
573 Engineering and Technical Services in the sum of received and filed.
$12,000. ADOPTED
PASSED NO.116
AYES- 13 NOES- 0 A.LOPEZ-RZN.16RAMSDELLR2TO
LEGISLATION C2/PKG.LOT(HRG.3/11)
(ITEM#115CCPMARCH4,1997)
That the above mentioned Item be and the same is hereby NO.129
received and filed. AAAOFWNY-HAUCK'SCOLLISIONCHASER
ADOPTED (ITEM#76CCPFEBRUARY18,1996)
NO.117 That the above mentioned Item be and the same is hereby
M. DONOWAN&0-OPPOSEREZONING16RAMSDELL-received and filed.
PKG.LOT ADOPTED
(ITEM#95CCPMARCH18,1997)
That the above mentioned Item be and the same is hereby NO.130
received and filed. AAAOFWNY-HAUCK'SCOLLISIONCHASER
ADOPTED (ITEM#82CCPMARCH4,1997)
That the above mentioned Item be and the same is hereby
NO.118 received and filed.
VIBRATECHINC.-HAZWASTESITE ADOPTED
(ITEM#221CCPNOVEMBER26,1996)
That the above mentioned Item be and the same is hereby NO.131
received and filed. HAUCK’SCOLLISIONCHASER(POL)
ADOPTED (ITEM#46CCPAPRIL1,1997)
That the above mentioned Item be and the same is hereby
NO.119 received and filed.
NYSDEC-VIBRATECH,INC.-HAZ.WASTESITE ADOPTED
(ITEM#108CCPMARCH4,1997)
That the above mentioned Item be and the same is hereby NO.132
received and filed. ORDINANCEAMENDMENT-CHAPTER175-FEES
ADOPTED (ITEMNO.206,C.C.P.,MAR.4,1997)
That the above item be, and the same hereby is, returned to
NO.120 the Common Council without recommendation.
K.HELFER-DEPLOYMENTOFSWR.MAINT.EMP.TOSTS. Mr. Coppola moved:
(ITEM#72CCPSEPTEMBER17,1996) That the above item be and the same is hereby received and
That the above mentioned Item be and the same is hereby filed.
received and filed. ADOPTED.
ADOPTED
NO.133
NO.121 D.SPASIANO-EST.NEWPROCEDURES-
DEPLOYMENTOFSWR.MAINT.EMPLOYEESTOCONCESSIONAIRES
STREETS(BSA) (ITEM#81CCPAPRIL1,1996)
(ITEM#63CCPOCTOBER1,1996) That the above mentioned Item be and the same is hereby
That the above mentioned Item be and the same is hereby received and filed.
received and filed. ADOPTED
ADOPTED
NO.134
NO.122 CLOSINGDOWNTOWNPKG.RAMPSONWEEKENDS
DEPLOYMENTOFBSAWORKERSTOSTREETS(ITEM#189CCPAPRIL1,1997)
(MAYOR) That the above mentioned Item be and the same is hereby
(ITEM#7CCPOCTOBER29,1997) received and filed.
That the above mentioned Item be and the same is hereby ADOPTED
received and filed.
ADOPTED COMMUNITYDEVELOPMENT
HON.DALEZUCHLEWSKI
NO.123 CHAIRMAN
MUNICIPALIZATIONOFELECTRICSERVICE(MAYOR)
(ITEM#8CCPOCTOBER29,1996) NO.135
That the above mentioned Item be and the same is hereby FAIRNESS-BONDACTAPPROPRIATIONS
received and filed. (ITEM#174CCPAPRIL1,1997)
ADOPTED That the above mentioned Item be and the same is hereby
received and filed.
NO.124 ADOPTED
ERIECO.EXEC.-MUNICIPALELECTRICSERVICE
(ITEM#74CCPNOVEMBER12,1996) NO.136
That the mentioned Item be and the same is hereby received LDA-SCHUTRUM/WICKSTS.-GAL-VANDEVELOPERS,
and filed. INC.
ADOPTED (ITEMNO.60,C.C.P.APR1,1997)
That the above item be and the same is returned to the
NO.125 Common Council without recommendation.
MUNICIPALIZATIONOFELECTRICUTILITIES(PW) A public hearing has been set, before the Common Council,
(ITEM#18CCPDECEMBER23,1996) at this regularly scheduled meeting, on the above item, and a
That the above mentioned Item be and the same is hereby Notice of same has been published in the Buffalo News, a copy
received and filed. of which is attached hereto.
ADOPTED On a motion by Mr. Zuchlewski, seconded by Mr. Brown,
the item is properly before the Common Council, and the
NO.126 hearing is opened.
B.BELLANDO-OPPOSEUSE537E.DELAVAN-AUTO CARRIED.
DISMANTLING
(ITEM#80CCPDECEMBER23,1996) Appearances -
That the above mentioned Item be and the same is hereby
received and filed. Mrs. LoTempio now moved that the hearing be closed.
ADOPTED Seconded by Mr. Quintana.
CARRIED.
NO.127 Mr. Zuchlewski now moved that
BELL&O-OPP.USE537E.DELAVAN-AUTO Whereas, the City of Buffalo Urban Renewal Agency
DISMANTLING(ZNG.BD.) (hereinafter referred to as the "Agency") has duly designated
(ITEM#25CCPJANUARY7,1997) Gal-Van Developers, Inc. as the qualified and eligible
That the above mentioned Item be and the same is hereby Redeveloper in accordance with all applicable rules, regulations
received and filed. and/or procedures duly adopted by the Agency; and
ADOPTED Whereas, the City Clerk has published a "Notice of Public
Hearing" in accordance with Section 507, Subdivision 2 (d) of
NO.128 the General Municipal Law of the State of New York; and
AMEND.ORD.-CLOSECITYPARKSEARLIER WHEREAS, said Public Hearing has been duly held in the
(ITEM#172CCPFEBRUARY4,1996) Council Chambers, City Hall, at 2:00 P.M. on Tuesday, April
That the above mentioned Item be and the same is 15, 1997; and
hereby received and filed Whereas, the proposed Land Disposition Agreement has been
ADOPTED duly submitted to this Common Council by the Agency.
NOW, THEREFORE, BE IT RESOLVED: That the Department of Public Works be, and
I . that Gal-Van Developers, Inc. has been duly hereby is, authorized to operate the Erie Basin Marina for the
designated as a qualified and eligible Redeveloper by the 1997 season.
Agency, is hereby approved as the Redeveloper for the Federal PASSED
Home Loan Bank `96 New Housing Program. AYES - 13. NOES-0.
2. that the Mayor of the City of Buffalo and the Chairman
and/or Vice Chairman of the Agency are hereby authorized and RESOLUTIONS
directed to execute any and all deeds and/or other documents
and/or affidavits deemed necessary and appropriate to convey NO.145
title to the land described in the proposed Land Disposition By: Messrs. Brown and Franczyk and Ms. Kavanaugh
Agreement to the Redeveloper ; in accordance with all term, FAIRNESSINSTATECLEANAIR/CLEANWATER
covenants and conditions of said Land Disposition Agreement BONDACTAPPROPRIATIONS
and for the consideration recited therein. Whereas: In 1996, Governor Pataki enlisted elected
PASSED officials regardless of party affiliation to support and help sell
AYES - 13. NOES - 0. the $1.75 billion Clean Air/Clean Water Bond Act to the voters
of New York State; and
COMMITTEEONEDUCATION Whereas: Despite early concerns about a fair
HON.BARBRAKAVANAUGH apportionment of bond act proceeds, this city actively
CHAIRMAN supported the Bond Act through adoption of resolution 183
C.C.P. October 18, 1996 "Environmental Bond Act" and
NO.137 through the efforts of the Mayor and individual
ADV.SPACEONSCHOOLPROP.(BD.ED) Councilmembers who stood with the Governor and with
(ITEM#61CCPFEBRUARY4,1997) Comptroller McCall when they came to town on this issue on
That the above mentioned Item be and the same is hereby separate occasions; and
received and filed. Whereas: The Bond Act passed in New York City, and
ADOPTED news reports have speculated that the role of New York's
largest city has been acknowledged in that hundreds of millions
NO.138 were written into the Bond Act for projects in the New York -
NYSEDUCATION-SALEOFADV.SPACEONSCHOOLLong Island area, including $75 million for closure of the Fresh
PROPERTY Kills landfill, $25 million for New York Harbor and $200 million
(ITEM#85CCPFEBRUARY18,1997) for Long Island Sound; and
That the above mentioned Item be and the same is hereby Whereas: Although most upstate communities did not
received and filed. support it, the Bond Act also passed with support in Buffalo,
ADOPTED New York's second largest city, because voters here were
convinced that the city could make good use of Bond Act
NO.139 proceeds; and
ADV.ONSCHOOLPROPERTY(CC) Whereas: While Buffalo wasn't pre-designated for any of
(ITEM#60,CCP,MARCH4,1997) the Bond Act funds it is not unreasonable ask that this city get
a fair share of the funds as they become available with $150
That the above mentioned Item be and the same is
million being a reasonable amount to use as a baseline figure;
hereby received and filed.
and
ADOPTED
Whereas: Enviromental justice is an important
consideration as national study after study has show that
minority and poor communities are overburdened with
NO.140
hazardous waste and pollution fact that is borne out in Buffalo,
REQUESTSTATESPONSORLEGISLATION-
a poor, increasingly minority city that is part of a DEC region
ADVERTISINGONSCHOOLPROPERTY
that has more than 25% of all hazardous waste sites statewide;
(ITEMNO.190,C.C.P.,MAR.4,1997)
Now, Therefore, Be It Resolved That:
That the above item be, and the same hereby is, returned to
This Common Council requests Governor Pataki and the
the Common Council without recommendation.
State Legislature to recognize the ongoing concern that Buffalo
Mrs. Kavanaugh moved:
receive Clean Air/Clean Water Bond Act proceeds
That this Common Council requests that the City Clerk send
commensurate with both the profound need of the city for
certified copies of this resolution to the Western New York
environmental remediation and support that citizens here
delegation to the New York State Legislature asking them to
showed for the Bond Act; and
sponsor the necessary legislation which would grant statutory
Be It Further Resolved That:
authority to boards of education to explore other means of
This Council requests the Governor and the Legislature to
raising revenue for education as advertising on school property.
consider assuring that Buffalo receives no less than $150
ADOPTED
million from the Bond Act by the year 2000; and
AYES - BROWN, COPPOLA, CZAJKA, LOCKWOOD,
Be It Finally Resolved That:
LOTEMPIO, PITTS, ZUCHLEWSKI-7.
This Council directs the City Clerk to send certified copies of
NOES - FRANCZYK, GRAY, KAVANAUGH, QUINTANA,
this resolution to Governor Pataki, to Comptroller McCall, to the
WILLIAMS-6
Commissioner of the Department of Environmental
Conservation, to the Commissioner of the NYS Office of Parks,
Recreation and Historic Preservation, to the Clerk of the NYS
NO.141
Assembly, to the Secretary of the NYS Senate, and the
BOARDGOVERNMENT(BD.ED.)
Western New York State Legislature delegation.
(ITEM#87CCPMARCH4,1997)
ADOPTED
That the above mentioned Item be and the same is
hereby received and filed
NO.146
ADOPTED
By: Mssrs. Brown, Quintana and Mrs. Williams
SUPPORTTHE"GUNKINGPINPENALTYACT"
NO.142
Whereas: The recent murder of Buffalo Police Officer
LIABILITYFORTEACHER'SCONTRACT(CC)
Charles E. McDougald and the wounding of Officer Michael N.
(ITEM#40CCPMARCH18,1997)
Martinez, apparently done with a gun that was originally bought
That the above mentioned Item be and the same is
in Georgia and transported to New York, has highlighted the
hereby received and filed
problem of gunrunning as a national scourge that undercuts
ADOPTED
efforts by states to decrease gun violence within their borders;
and
NO.143
Whereas: Representative Charles E. Schumer has
LIABILITY-TEACHER'SCONTRACT-(MAYOR)
introduced a "Gun Kingpin Penalty Act" (HR 1264) which sets
(ITEM#2CCPAPRIL1,1997)
minimum penalties for gunrunning crimes and authorizes the
That the above mentioned Item be and the same is
Secretary of the Treasury to hire 200 agents to enforce the Act;
hereby received and filed.
and
ADOPTED
Whereas: HR 1264 makes it a federal crime for an
unlicensed person to ship 5 or more guns from one state to
ERIEBASINMARINATASKFORCE
another within 12 consecutive months with the intent to transfer
HON.JAMESW.PITTS
the firearms to unlicensed individuals ; and
CHAIRMAN
Whereas: The Gun Kingpin Penalty Act provides a
mandatory minimum 3-year prison term for a first offense and a
NO.144
5-year term for second or subsequent violations; and
ERIEBASINMARINA
(COM.37,CCP,FEB.18,1997)
Mr. Pitts moved:
Whereas: The Act also provides a 10-year prison term for (C) That the city-owned residential area parking lot,
running guns that are subsequently used in an offense in which located behind 1180 Hertel, shall be closed to general use and
a person is killed or suffers serious bodily injury; and shall be reserved solely for those residents of Hertel Avenue
Whereas: While current laws outlaw many aspects of residing within the festival area, and this restriction shall be
gunrunning, HR 1264 would provide the law enforcement enforced strictly by the city and festival committee;
community with a direct and powerful tool to help tip the (D) That the festival committee be, and hereby is,
balance in the fight against this menace; authorized to erect appropriate banners and fittings on street
Now, Therefore, Be It Resolved That: lamp posts on Hertel Avenue from the easterly side of Colvin to
This Council strongly supports H.R. 1264, urges the House the westerly side of Delaware, and a banner across Hertel at
of Representatives to pass this bill, urges the U.S. Senate to Tennyson and at Crestwood, all within conditions specified by
pass companion legislation by Senators Torricelli and Durbin, the Department of Public Works;
and urges President Clinton to sign this legislation; and (E) Permittees shall furnish to the City of Buffalo proper
Be It Further Resolved That: liability insurance as determined by the Special Events
This Council directs the City Clerk to send certified copies of Committee and Corporation Counsel;
this resolution to President William J. Clinton, to the Speaker of (F) Permittees shall assure complete responsibility for
the House and the Senate Majority Leader, to Representative removing barriers, pennants, decorations, barricades, stands,
Charles E. Schumer, (2211 Rayburn Bldg., Washington, DC equipment and any trash or debris in the area arising out of the
20515), to Rep. Bill McCollum, Chair of the House Judiciary festival;
Subcommittee on Crime, (207 Cannon Bldg., Washington, DC (G) Permittees shall assume complete responsibility for
20515), to Rep. Henry J. Hyde, the Chair of the House conducting the festival in compliance with all laws and
Judiciary Committee (2138 Rayburn Bldg., Washington, DC ordinances applicable, and with all directives of the various city
20515), to the members of the WNY Congressional departments, including Police, Fire, Street Sanitation,
Delegation, to Buffalo Police Commissioner R. Gil Kerlikowske, Transportation and Public Works;
to the Buffalo Police Benevolent Association, to Gilbert (H) Permission is hereby granted for the above under
Gallegos, President of the Fraternal Order of Police (309 such terms and conditions so as to protect the interest of the
Massachusetts Avenue NE, Washington, DC 20002), and to City of Buffalo, as set forth by the Special Events Committee.
Thomas J. Scotto, President of the National Association of PASSED
Police Organizations (750 1 Street NE, Suite 1020, AYES - 13. NOES -0.
Washington, DC 20002).
ADOPTED NO.149
By: Mr. Coppola
NO.147 ANNUALHELLENICFESTIVAL
By: Mr. Coppola Whereas: The Hellenic Orthodox Church of the
REQUESTINFOONOUTSTANDINGCITYBONDS Annunciation is celebrating their 20th Annual Hellenic Festival
Whereas: Due to the upcoming budget process, it would on Friday, Saturday, and Sunday, May 16,17, and 18, 1997;
be helpful for this Council to be brought up to date on the and
current status of all city bonds, especially in light of the recent Whereas: Each year, a tent is rented and placed on the
teachers contract decision. Northwest side of the church complex up to the sidewalk; and
Now therefore be it resolved that Whereas: To accommodate a tent large enough for the
This Common Council requests that Comptroller Joel A. crowds expected for the 20th
Giambra provide this body with the following by the next full Anniversary, it will be necessary for the guide ropes to be
council meeting, April 29, 1997: anchored across the sidewalk on
1. A list of all outstanding bonds West Utica; and
2. Which bonds will be paid off this year Whereas: Event organizers have requested permission
3. Present cost on the bond market due to the recent from the City of Buffalo to place ropes across a 100 foot
teachers contract decision section of the sidewalk (diagram attached); and
4. Cost of bonds sold on behalf of the Board of Education Whereas: To assure pedestrian safety, flasher warning
REFERRED TO THE COMMITTEE ON FINANCE, signs will be installed and security men will be stationed at
COMPTROLLER AND COMMISSIONER OF night; and
ADMINISTRATION AND FINANCE. Whereas: The tent will be erected on Monday, May 12th,
and removed the following Monday, May 19th, weather
NO.148 permitting.
By: Mr. Coppola Now therefore be it resolved that
1997GREATERBUFFALOITALIANHERITAGEANDFOOD This Common Council grants temporary approval to the
FESTIVAL Hellenic Orthodox Church of the Annunciation to encroach on
Whereas: The North Buffalo Community Development the public right of way from Monday, May 12th through and
Corp., Hertel-North Buffalo Business Assn., and the West Side including Monday, May 19th, 1997, by allowing the event
Business and Taxpayers Assn., Inc. have requested organizers for the 20th Annual Hellenic Festival to place ropes
permission to, again, jointly conduct the Greater Buffalo Italian across a 100 foot section of the sidewalk on West Utica Street
Heritage and Food Festival from July 16 through July 20, 1996, adjacent to the church grounds provided that all requirements
on Hertel Avenue; and of the Department of Public Works have been satisfied.
Whereas: These groups are also requesting that Hertel PASSED
Avenue be closed to vehicular traffic between Crestwood and AYES - 13 NOES - 0
Tennyson Avenues during the above dates, and that
crossstreets between Colvin and Delaware Avenues, and also NO.150
Linden and Tacoma between Colvin and Delaware Avenues, be By: Mr. Franczyk
designated festival areas; and TRANSFEROFFUNDS
Whereas: This festival will be a major expression of Italian BOARDOFEDUCATION
Heritage which includes culture, customs, and foods and will DIVISIONOFBUILDINGS
once again attract people from hundreds of miles away. That, Pursuant to Section 41 of the Charter and the
Now, therefore, be it resolved that Certificate of the Mayor and the Comptroller submitted to the
The North Buffalo Community Development Corp., Hertel-Common Council, the appropriation in the budget for the
North Buffalo Business Assn., Inc., and the West Side current fiscal year for Appropriation Allotments - Division of
Business and Taxpayers Assn., Inc. are hereby granted Buildings - Operation & Maintenance of Public Buildings -
permission to jointly conduct the 1997 Greater Buffalo Italian Building Repair & Alteration be and the same hereby is
Heritage and Food Festival subject to the following conditions: increased in the sum of $30,000.
(A) The festival shall be conducted on Hertel Avenue That, the comptroller be and hereby is authorized and
from July 16 through July 20, 1997, between the hours of directed to perform the necessary accounting to meet this
10:00 am and 10:00 PM with Monday, July 14 from 6:00 PM increased appropriation as set forth below:
and Tuesday, July 15 to be used only as set-up days, and From:
Monday, July 21, 1997 to be used only as a breakdown day 9950-900 Board of Education $30,000
with traffic to recommence by noon of that day; To:
(B) Hertel Avenue, between Crestwood and Tennyson 100 - 402 - General City Revenue
Avenues, shall be closed to vehicular and bicycle traffic, and 40 - Department of Public Works
dogs and other animals shall also be prohibited, during the 2 - Division of Buildings
festival. In addition, cross streets bounded by Colvin, Linden, 90000 - Miscellaneous $30,000
Delaware and Tacoma Avenues, including those boundary From
streets, shall be part of the festival area subject to its rules and 100 - 402 - General City Revenue
regulations. Permittees, with the cooperation of and at the 40 - Department of Public Works
direction of the Police Department will furnish and locate 2 - Division of Buildings
barriers to be placed at the beginning time of the festival and to 90000 - Miscellaneous $30,000
be removed at the end of the festival; To:
100 - General Fund DEPARTMENTOFFIRE-MEDICALSERVICES
40 - Department of Public Works That pursuant to section 42 of the Charter and the
2 - Division of Buildings Certificate of the Mayor and the Comptroller submitted to the
031 - Operation & Maint of Public Buildings Common Council, the sum of $350,000 be and the same is
560 - Building Repair & Alteration $30,000 hereby transferred from the Fringe Benefits - NYS Police and
REFERRED TO THE COMMITTEE ON FINANCE. Fire Retirement System and said sum is hereby reappropriated
as set forth below:
NO.151 From:
By : Mr. Franczyk 100 - General Fund
TRANSFEROFFUNDS 813 - Fringe Benefits
RESERVEFORCAPITALAPPROPRIATIONS 151- NYS Police and Fire Retirement System $350,000
DEPARTMENTOFPUBLICWORKS To:
That Pursuant to Section 42 of the Charter and the 100 General Fund
Certificate of the Mayor and the Comptroller submitted to the · 210 - Department of Fire
Common Council, the sum of $175,700 be and the same is · 011 -Fire Fighting Services
hereby transferred from the Reserve for Capital Improvements 571 - Medical Services $350,000
account and said sum is hereby reappropriated as set forth PASSED
below: AYES - 13. NOES - 0.
From:
100 General Fund
81-9 - Exempt Items
842 - Reserve for Capital Improvements $175,700 NO.155
To: By: Mr. Franczyk
81-8 Interfund Transfers BUFFALOSEWERAUTHORITY
010 - Transfer to Capital Projects Fund $175,700 Whereas: From February 14th to 18th, the Buffalo Sewer
From: Authority pumped an estimated 3 million gallons of raw sewage
81-8 Interfund Transfers into the Buffalo Ship Canal when equipment malfunctioned and
010 - Transfer to Capital Projects Fund $175,700 a sewer line broke; and
To: Whereas: No information about this incident was filed with
200 Capital Project Fund the Common Council and it is not clear that the public was
40 - Department of Public Works notified of this discharge until it was reported in the Buffalo
1 - Division of Engineering News on February 27th; and
565 - Remediation of Truscon Site $175,700 Whereas: While the Sewer Authority may have followed
PASSED the law in the way they reported this incident, common sense
AYES - 13. NOES - 0. would dictate that the city's legislative body should be notified
quickly when breakdowns of this magnitude occur; and
NO.152 Whereas: This incident raises questions about what other
By : Mr. Franczyk releases of raw sewage the Sewer Authority may be allowing;
INCREASEDAPPROPRIATION and
CITYREVENUE Now, Therefore, Be It Resolved That:
DIVISIONOFCOLLECTIONS The Buffalo Sewer Authority be requested to propose a policy
That, Pursuant to Section 41 of the Charter and the for filing reports with the Council on the release of raw sewage
Certificate of the Mayor and the Comptroller submitted to the to local waterways, including a threshold amount of sewage
Common Council, the appropriation in the budget for the and a time limit for reporting the incident; and
current fiscal year for Appropriation Allotments - Department of Be It Further Resolved That:
Audit and Control, Division of Collections be and the same The Buffalo Sewer Authority be requested to file a report
hereby is increased in the sum of $28,000 detailing releases of raw and partially treated sewage to local
That, the comptroller be and hereby is authorized and water bodies over the last three years; and
directed to increase the revenue estimate of account: Be It Finally Resolved That:
Revenue City The Buffalo Sewer Authority be requested to file an estimate of
100 General Fund the percentages of untreated sewage and partially treated
044 - Division of Collections sewage sewage that is discharged to local water bodies.
402 - City REFERRED TO THE COMMITTEE ON LEGISLATION AND
30020 - Charges for Collection Services $28,000 BUFFALO SEWER AUTHORITY.
To meet the increased appropriation as set forth below: NO.156
100 General Fund By: Mr. Franczyk
044 - Division of Collections SUPPORTECCDOWNTOWNCAMPUS
001 - Collections WHEREAS: County Executive Gorski and State Senator
570 - Financial and Accounting Services $28,000 Anthony Nanula proposed a feasibility study to determine the
PASSED viability of consolidating the three Erie Community College
AYES - 13 NOES - 0. campuses into one downtown Buffalo campus; and,
WHEREAS: Endless suburban sprawl has bled the City of
NO.153 Buffalo white, gobbled up valuable Western New York farm
By: Mr. Franczyk land, and generally disrupted the economics and natural beauty
INCREASEDAPPROPRIATION of the region; and,
NORTHAMERICAREPARK WHEREAS: Ironically, most suburban residents moved out of
That, Pursuant to Section 41 of the Charter and the the city to get away from congestion and over-development,
Certificate of the Mayor and the Comptroller submitted to the which is now clogging their environs outside the city; and,
Common Council, the appropriation in the budget for the WHEREAS: The half century trend of deconstructing cities
current fiscal year for Appropriation Allotments - North must begin to be reversed now, as regions have been burst at
AmeriCare Park - Exempt Items be and the same hereby is the seams by suburban areas which are not centrally located
increased in the sum of $4,500. and are being choked by unsightly over-construction and are
That, the comptroller be and hereby is authorized and now finally undergoing radical drops in property values. The
directed to transfer the sum of $4,500 from Enterprise Fund - era of wild, unrestrained suburban growth is inevitably grinding
North AmeriCare Park 420-899002 - Reserve for to an end, as Erie County has dropped a whopping 17% in
Replacements to meet this increased appropriation as set forth population since its peak; and,
below WHEREAS: Regional planning must include the restoration
From: of the viability of urban downtowns, the traditional core of
420 Enterprise Fund - North AmeriCare Park commerce, government and education; and,
899002 - Reserve for Replacements $4,500 WHEREAS: The colossally destructive mistake of moving the
To: University of Buffalo campus to a swamp in Amherst can be
420 Enterprise Fund - North AmeriCare Park mitigated somewhat by consolidating the ECC campus in
085 - Exempt Items downtown Buffalo; and,
982 - Operating Equipment $4,500 WHEREAS: Comments by ECC Board President Louis Ricci
PASSED and Bruce Brandel, Chairman of Social Sciences at ECC
AYES - 13 NOES - 0 North, are incredibly myopic and parochial, larded with anti-city
bleatings that "middle class parents have never been to Buffalo
NO.154 and are afraid to send their children downtown."; and,
By :Mr. Franczyk WHEREAS: With "liberal arts" "educators" further
TRANSFEROFFUNDS denigrating Buffalo, along with a
FRINGEBENEFITS-NYSPOLICEANDFIREregion seemingly reluctant to help Buffalo, city leaders and
RETIREMENTSYSTEM residents must do all they can to help themselves;
NOW THEREFORE BE IT RESOLVED: NOTE: Matter in brackets [ ] to be deleted; matter
That the Buffalo Common Council is in full support of a study underlined is new.
determining the feasibility of consolidating the North and South PASSED
Erie Community College Campuses downtown; and, AYES-BROWN, COPPOLA, CZAJKA, FRANCZYK, GRAY,
BE IT FURTHER RESOLVED: HELFER, KAVANAUGH, LOCKWOOD, LOTEMPIO, PITTS,
That the Buffalo Common Council goes on record in support of QUINTANA, WILLIAMS-12
locating all ECC campuses in downtown Buffalo, thus NOESZUCHLEWSKI - 1
-
beginning the process of reversing the wasteful deconstruction
NO.159
and unraveling of Western New York's economic, cultural and
By: Ms. Kavanaugh
social fabric by too much wasteful growth outside city limits;
ORDINANCEAMENDMENT
and,
CHAPTER175-FEES
BE IT FINALLY RESOLVED:
The Common Council of the City of Buffalo does hereby ordain
That the City Clerk shall send certified copies of this Resolution
as follows:
to Mayor Anthony Masiello, State Senator Anthony Nanula,
That Section 175-1 of Chapter 175, Fees, of the Code of the
County Executive Dennis Gorski and ECC
City of Buffalo be amended to read as follows:
President Louis Ricci,
Chapter 263, Licenses Fee
ADOPTED
§ 263-21, tent permit
NO.157
issuance of tent permit
By: Ms. Gray
one (1) to nine (9) tents $25.00 per tent
INCREASENUMBEROFDOCUMENTSREREDAS
ten (10) or more tents $250.00
PROOFOFRESIDENCY
It is hereby certified, pursuant to Section 34 of the Charter, that
Whereas: In recent months, many residents of Buffalo
the immediate passage of the foregoing ordinance is
have expressed serious concerns related to residency
necessary.
requirements for employees of the City of Buffalo; and
APPROVED AS TO FORM
Whereas: The Buffalo Common Council has aggressively
Michael Risman
responded to this public outcry to retain salaries earned by City
Corporation Counsel
of Buffalo employees in this municipality; and
NOTE: Matter in brackets [ ] to be deleted; matter
Whereas: Although in the 1996-1997 city budget the
underlined is new.
Common Council approved funding for a residency
PASSED
investigator, their remains tremendous room for improvement to
AYES-BROWN, COPPOLA, CZAJKA, FRANCZYK, GRAY,
reduce the number of persons violating city residency rules;
KAVANAUGH, LOCKWOOD, LOTEMPIO, PITTS,
and
QUINTANA, WILLIAMS-11
Whereas: Often new hires and current employees easily
NOESHELFERZUCHLEWSKI -2
-,
manipulate city laws that require them to provide proof of
NO.160
residency because present Civil Service Commission policies
By: Ms. Kavanaugh
indicate that individuals present a minimum of two documents
PRINTSHOPCONSOLIDATION
when appointed or promoted. Citizens are required to provide
Whereas: The City of Buffalo and the Board of Education
more proofs of identification to receive a New York State Driver
have been exploring the cost saving option of consolidating
License than to receive a job with the City of Buffalo; and
their respective print shop operations- and
Whereas: In effort to combat this menace, it is imperative
Whereas: After much study, the Board of Education has
that employees be required to provide at least 6 items as proof
determined that a jointly operated, consolidated print shop is
of residency and that this information be updated annually, as
not feasible and will instead close its print shop at School #75,
similarly done with City of Buffalo ethics forms; and
effective September 30, 1996; and
Whereas: This strategy will continue the process of
Whereas: The Board of Education will give the City the
restoring taxpayer confidence in their city government, in
printing equipment from School #75 free of charge and pay the
addition to encouraging employee honesty, responsibility and
City up to $30,000.00 so the City can modify and renovate its
accountability; and
printing facilities; and
Now, Therefore, Be It Resolved:
Whereas: The Board of Education will arrange for the City
That this Common Council request that the Civil Service
to perform printing functions formerly performed by outside
Commission require individuals to present six documents as
companies as well; and
proof of residency annually, and when appointed or promoted;
Whereas: This arrangement will benefit the City of Buffalo
and
and display the value of eliminating wasteful duplicative
Be it Further Resolved:
services.
That a valid NYS Photo Drivers License that indicates the
Now Therefore Be It Resolved:
current address; a NYS vehicle registration indicating the
That the Common Council hereby authorize the Commissioner
current address; a voter registration card indicating the current
of General Services to accept the printing equipment from the
address; a maximum of two utility bills (gas, electric, telephone,
Board of Education and to execute any and all necessary
or cable) indicating the current address (within two months); a
agreements which may be required.
bank statement indicating the current address (within two
PASSED
months); a NYS Photo NonDrivers ID Card indicating the
AYES- 13 NOES- 0
current address; a major credit card (Visa, MasterCard or
NO.161
American Express) monthly statement (within the last months)
By : Ms. Kavanaugh and Mr. Quintana
indicating the current address; and a current life insurance
APPOINTMIGUELSANTOSTOENVIRONMENTAL
policy in effect at least 2 years indicating the current address
MANAGEMENTCOMMISSION
be considered as acceptable documents for proof of residency;
Whereas: With the resignation of Richard Lippes from the
and
Environmental Management Commission there is a vacancy for
Be It Finally Resolved:
this Council to fill on the Commission; and
That employees that are unable to provide adequate
Whereas: Mr. Miguel Santos has expressed an interest
documentation for proof of residency be terminated or accept a
and willingness to serve on the Commission; and
leave of absence from employment without pay until they move
Whereas: Mr. Santos works at National Fuel Gas and has
into the City of Buffalo.
become involved with environmental health issues in the
REFERRED TO THE COMMITTEE ON CIVIL SERVICE,
Hispanic Community; and
CIVIL SERVICE COMMISSION, AND COMMISSIONER OF
Now, Therefore, Be It Resolved That:
ADMINISTRATION AND FINANCE.
This Council hereby appoints Miguel Santos of 482 Vermont
NO.158
Street, Buffalo, NY 14213 to the Environmental Management
By: Ms. Kavanaugh
Commission for a two year term.
ORDINANCEAMENDMENT
REFERRED TO THE COMMITTEE ON LEGISLATION
CHAPTER175-FEES
NO.162
The Common Council of the City of Buffalo does hereby ordain
By: Mrs. LoTempio
as follows:
PAYINCREASESFORFIREFIGHTERS
That Chapter 175, Fees, of the Code of the City of Buffalo be
Whereas: The arbitrator has awarded the Buffalo
amended to read as follows:
Firefighters a two percent pay increase effective January 1,
Chapter 414, Special Events FEES
1995 through January 1, 1996; and
§-414-10(l), parade, motorcade $50.00
Whereas: Effective July, 1, 1995 the existing wage
and race
schedule will be increased by two percent; effective July 1,
It is hereby certified, pursuant to Section 34 of the Charter, that
1996 the wage schedule will be increased by one percent; and
the immediate passage of the foregoing ordinance is
Whereas: The award covers the period of July 1, 1995
necessary.
through June 30, 1996; and
APPROVED AS TO FORM
Whereas: The Comptroller has refused to make payment
Michael Risman
due to the fact that the salary ordinances have not been filed;
Corporation Counsel
Now, Therefore, Be It Resolved:
That the department of Administration and Finance respond to relatives of the oldest continuous residents, various historical
why they have not filed the salary ordinances regarding the exhibits, a carnival with rides for the children and fireworks
Buffalo Fire Department pay raises; and display.
Be It Finally Resolved: Now Therefore Be It Resolved That:
That the Comptroller, Department of Administration and This Common Council approve the waivering of all fees and
Finance, the Acting Director of Labor Relations, and permits for all participants/vendors involved in the City's 165th
Corporation Counsel come before the Budget Committee on Birthday Celebration on April 19, 1997 from 2: 00 p.m. until
April 23, 1997 to explain why the Buffalo Firefighters have not dusk.
received their pay increase. Be It Further Resolved That:
REFERRED TO THE COMMITTEE ON BUDGET, All participants/vendors will be subject to good business
COMMISSIONER OF ADMINISTRATION AND FINANCE, practices and all other city laws.
CORPORATION COUNSEL AND COMPTROLLER. PASSED.
NO.163 AYES - 13 NOES - 0
By: Mr. Pitts NO.165
CITYOFBUFFALO By: Mr. Pitts
LOCALLAWNO..(1997) USEOFNORTHBUFFALOLEERINKBYBUFFALO
INTRODUCTORYNO.2(1997) SABRES
A LOCAL LAW amending Article Six of the Charter of the Whereas: This season the Buffalo Sabres disposed of
City of Buffalo in relation to the division of pilot field and their long-time practice facility in Wheatfield known as
memorial auditorium. "Sabreland;" and
BE IT ENACTED BY THE COMMON COUNCIL OF THE Whereas: The Sabres decided not to pursue using
CITY OF BUFFALO AS FOLLOWS: Memorial Auditorium for a practice facility, even though it is
Section 1. That Article Six of the Charter of the City of Buffalo, adjacent to the Marine Midland Arena and had been the team's
adopted pursuant to law, is hereby amended to read as follows: home ever since it entered the National Hockey League; and
(a) By amending that portion of section eighty-one of article six Whereas; A large number of Sabres practices have been
to read as follows: Division of [stadium] north americare park held in the North Buffalo (formerly Lafayette Ice Rink) located
and memorial auditorium on Tacoma Avenue near Delaware Avenue; and
`b) By amending that portion of article six to read as follows: Whereas: The rink was constructed by the City of Buffalo
Sec. 109. Board of [Pilot Field] North AmeriCare Park and in order to help address the tremendous demand for ice hockey
Memorial Auditorium. leagues, skating organizations, and public skating; and
The board of [pilot field] north americare park and memorial Whereas: In 1994 the City entered into an agreement with
auditorium shall be the head of the division of [pilot field] north the North Buffalo Community Development Corporation to
americare park and memorial auditorium. operate the rink, and the center continues to do so under the
Sec. 109-b. Duties and Powers. direction of Jim Lorentz; and
a. The board of [pilot field] north americare_park and Whereas: The Commissioner of Public Works has
memorial auditorium shall be charged with the control, submitted a $2 million capital budget request to add another
management and operation of [pilot field] north armericare rink to the North Buffalo rink in order to accommodate the
park memorial auditorium and of such other similar activities of demands for ice time; and
the city as may hereafter be delegated to it by law or ordinance. Whereas: It appears that although this arrangement
The board shall appoint and at pleasure remove a director of exposes the young people using the facility to the high level of
[pilot field] north americare park and memorial auditorium who skill and professionalism, it may also have a detrimental impact
shall be the chief executive officer of the board of [pilot field] on the availability of ice time for youth groups and the general
north americare park and memorial auditorium and shall, public;
subject to its direction, have supervision and management of Now,Therefore Be It Resolved:
the affairs of the division of [pilot field] north americare park and That this Common Council requests that the North Buffalo
memorial auditorium and of its employees, and shall appoint Community Development Corporation provide the following
such other persons to positions as shall be provided by information regarding the North Buffalo Ice Rink:
ordinance. The board may from time to time enact orders, 1.) What has been the overall impact of the use of the facility
rules and regulations not inconsistent with general law or any by the Buffalo Sabres?
local law or ordinance for the regulation of its activities and the 2.) Have any programs been displaced by the Sabres'
government and discipline of its officers and employees. It practices?
shall issue permits for the use of [pilot field] north americare 3.) What is the schedule of rental rates at the North Buffalo
park and memorial auditorium, or any part of either, to persons, Rink?
associations or corporations in accordance with its rules and 4.) What rate have the Buffalo Sabres been paying?
regulations and a schedule of rental charges and regulations 5.) How much total ice time have the Sabres used?
therefor adopted by the council. 6.) Have the Buffalo Sabres provided any other considerations
b. When the board votes to close a facility under its jurisdiction, in return for the ice time?
the control, management and operation of such facility shall REFERRED TO THE COMMITTEE ON LEGISLATION,
shift to the commissioner of public works, These duties shall COMMISSIONER OF ADMINISTRATION
remain with the commissioner until such time as the board AND FINANCE, COMPTROLLER AND NORTH BUFFALO
votes to reopen the facility. NO.166
Sec. 109-c. Board Meeting. By: Messrs. Pitts and Brown
SUPPORTNINOCERUTTIINHISEFFORTTOKEEPJOBS
The board of [pilot field] north americare park and memorial INBUFFALO
auditorium shall hold stated meetings at least twice a month Whereas: Intercontinental Branded Apparel, Inc. which is
and more often as the board determines, and the chairman may still known locally by its former name of "M. Wile & Co.",
call special meetings. A majority of the board shall constitute a manufactures suits for the Paris-based designer Nino Cerutti;
quorum for the transaction of business. and
Section 2. This local law shall take effect immediately. Whereas: Cerutti suits have gained a reputation for quality
APPROVED AS TO FORM throughout the world, thanks in no small part to the skill and
Michael Risman integrity of local workers who have been making the suits for
Corporation Counsel Intercontinental; and
NOTE: Matter in brackets [ ] to be deleted- matter Whereas: Officials of Intercontinental, UNITE (United
underlined is new. Needle Trade and Industrial Textile Employees), the union
LAID ON THE TABLE which represents Intercontinental's workers, and the Empire
NO.164 State Development Corporation, are to be commended for their
By: Mr. Pitts efforts to keep jobs in Buffalo in the face of NAFTA's
CITYOFBUFFALO165THBIRTHDAYCELEBRATION provisions that make it easy for companies to take advantage of
Whereas: The City of Buffalo will be celebrating its 165th cheap labor and lower health and safety standards in
birthday on Saturday, April 19, 1997 in Niagara Square from developing countries; and
2:00 p.m. until dusk; and Whereas: However, as a cost cutting measure in a
Whereas: To mark this special event the City is inviting civic competitive industry,
and cultural groups, as. well as businesses from the north, Intercontinental has been sending sewing work on Cerutti suits
south, east and west of the city, to come together for this to Mexico and Costa Rica; and
celebration. These groups are welcome to promote their Whereas: Mr. Cerutti, cognizant of the excellent work done
businesses by displaying, selling or giving away of their locally, has objected to this arrangement and has gone to court
product; and to force Intercontinental to do all work on Cerutti brand suits in
Whereas: It is anticipated that this event will be a fun day Buffalo; and
for all and an excellent opportunity for businesses to make Whereas: In spite of Intercontinental's difficult situation,
consumer contacts; and Mr. Cerutti has a good point - one that illustrates the value of
Whereas: Some highlights are city-wide birthday cake keeping work in Buffalo.
contest, gifts from area municipalities, gifts from the Mayor to Now, Therefore, Be It Resolved That:
This Common Council offers its support to Nino Cerutti and NO.170
thanks him for his recognition of the quality of Buffalo's labor By: Mr. Zuchlewski
force; and APPOINTMENTSCOMMISSIONEROFDEEDS
Be It Further Resolved That: That the following persons are hereby appointed as
This Council urges Mr. Cerutti, and officials from UNITE and Commissioner of Deeds for the term ending December
Intercontinental Branded Apparel, Inc. to sit together and find a 31,1998 , conditional upon the person so appointed certifying
way to keep sewing work on Cerutti suits in Buffalo in a way under oath to their qualifications and filing same with the City
that meets the needs of all parties and, further, offers to be of Clerk:
service in arranging or facilitating such negotiations if that is HIPOLITO VASQUEZ,JR.
desired; and ADOPTED.
Be It Finally Resolved That: NO.171
This Council directs the City Clerk to send certified copies of By: Mr. Zuchlewski
this resolution to Mr. Nino Cerutti, to Intercontinental Branded APPOINTMENTSCOMMISSIONEROFDEEDS
Apparel, Inc., to Hartmarx, Intercontinental's parent company, REQUIREDPERFORMANCEFORPUBLICDUTIES
to the Empire State Development Corporation, and to UNITE That the following persons are hereby appointed as
(United Needle Trade and Industrial Textile Employees) the Commissioner of Deeds for the term ending December
union which represents Intercontinental's workers. 31,1998 , conditional upon the person so appointed certifying,
ADOPTED under oath, to their qualifications and filing same with the City
NO.167 Clerk:
By: Mr. Quintana Kenneth W. Poczkalski
ONE-TIME-ONLYPARKINGTICKETAMNESTY Charles A. Pitz
PROGRAM Robert J. Stasio
Whereas: New York State initiated a tax amnesty program Gerald Tomassi
which started in October of 1996; and Ricard C. Canazzi
Whereas: Under the NYS program delinquent taxpayers Patricia Bartolone
are liable for taxes and interest but are given amnesty from Diedre Cotter
penalties and administrative, civil and criminal sanctions; and Robert Doyle
Whereas: Under this "One Chance for a 2nd Chance" Beverly Johnson
program the State announced that penalties will be increased Ronald J. Empric
and tax enforcement will be intensified after the amnesty Steven Woroniak
period; and Thomas A. Bluff
Whereas: New York State reports having collected $252 Francis Doyle,Jr.
million through February 21 st under this program; and Vincent J. Felicetta
Whereas: In June of 1993, New York City instituted a one-Michael J. Patanella.
time-only parking ticket amnesty program which recovered Daniel F. Sullivan
$23.5 million in previously uncollected funds; and Paul F. Sullivan
Whereas: In 1994 this Council considered a Parking Rise T. Geller-Alongi
Ticket Amnesty resolution which was received and filed despite ADOPTED
the fact that no compelling arguments against the program NO.172
were filed with the Council; and ANNOUNCEMENTOFCOMMITTEEMEETINGS
Whereas: The city of Buffalo is in desperate need of The following meetings are scheduled. All meetings are held in
revenue and has an estimated $12.3 million in outstanding the Council Chambers, 13th floor, City Hall, Buffalo, New York,
parking ticket fines which could be accessed through a parking unless otherwise noted.
ticket amnesty program; Regular Committees
Now, Therefore, Be It Resolved That: Civil Service Tuesday, April 22, 1997 9:30 A.M.
This Council requests that a One-Time-Only Parking Ticket Finance Tuesday, April 22, 1997 - following Civil Ser.
Amnesty program be instituted for the City of Buffalo; and. Legislation Tuesday, April 22, 1997 2:00 P.M.
Be It Finally Resolved That: Comm. Dev. Wed. April 23, 1997, 10:00 A.M.
Proceeds from the One-Time-Only Parking Ticket Amnesty be Education Wed., May 7, 1997, 2:00 P.M. Room 1417.
earmarked for classroom level improvements in the Buffalo ANCILLARY MEETINGS
School Public School system. Special meeting on Budget on Wednesday, April 23, 1997 at
REFERRED TO THE COMMITTEE ON LEGISLATION 1:00 o'clock P.M. Council Chambers.
COMMISSIONER OF ADMINISTRATION AND FINANCE,, Special Meeting on Erie Basin Marina Task Force on Friday,
AND CORPORATION COUNSEL. April 25, 1997 at 2:00 o'clock P.M. in Room 1417
NO.168 Claims Committee Meeting, Wednesday, April 23, 1997 at 9:00
By Mr. Zuchlewski O'clock A.M. in Council Chambers
SETHEARING-DOWNTOWNRETAIL-SECTION108LOAN NO.173
Whereas, Section 10998 of the Housing and Community ADJOURNMENT
Development Act of 1974 authorized the Department of On a motion by Mrs. LoTempio, Seconded by Ms. Kavanaugh
Housing and Urban Development to offer Section 108 loans for the Council adjourned at 3:28 PM
community and economic development projects that cannot be
financed from annual grants; and
Whereas, The use of Section 108 guaranteed loan funds for
the Downtown Retail Refinancing requires the approval of the
local governing body.
Now Therefore Be It Resolved By The Common Council of the
.;
City of Buffalo
1. That this Common Council will conduct a Public Hearing
regarding the Section 108 loan for the Downtown Retail
refinancing before the Community Development Committee on
April 23, 1997 at 10:00 a.m. in the Common Council
Chambers; and
2. That the City Clerk is hereby directed to publish a notice
similar to the attached and marked “Notice of Hearing” in the
Buffalo News and the City Record no later than the 16th day of
April, 1997.
ADOPTED.
NO.169
By Mr. Zuchlewski
FELICITATIONS/INMEMORIAM
Attached hereto are Felicitation and In Memoriam Resolutions
sponsored by Members of the Common Council as indicated:
Felicitation for Lorraine P. Garner
By Councilmembers Brown, Gray, Miller-Williams, Quintana,
Kavanaugh & Pitts
Felicitation for Jack and Jill Inc.
By Councilmember Pitts
Felicitation for Avant Garde Hair Gallery
By Councilmembers Miller-Williams & Kavanaugh
Felicitation for Debbie Harris
By Councilmembers Pitts &
ADOPTED.