HomeMy WebLinkAbout96-1223
96-1223.txt
No. 24
Common Council
Proceedings
of the
City of Buffalo
Regular Meeting, December 23, 1996
MAYOR
Hon. Anthony M. Masiello
COMPTROLLER
Joel A. Giambra
COMMON COUNCIL
PRESIDENT OF THE COUNCIL
James W. Pitts
PRESIDENT PRO TEMPORE
David A. Franczyk
MAJORITY LEADER
Rosemarie LoTempio
COUNCILMEMBERS-AT-LARGE
Beverly Gray
Barbra Kavanaugh
Rosemarie LoTempio
DISTRICT COUNCIL MEMBERS
Alfred T. Coppola Delaware
Barbara Miller-Williams - Ellicott
David A. Franczyk Fillmore
David J. Czajka Lovejoy
Byron Brown Masten
Robert Quintana Niagara
Dale Zuchlewski North
Bonnie K. Lockwood South
Kevin J. Helfer University
REGULAR COMMITTEES
CIVIL SERVICE COMMITTEE: David J. Czajka, Chairman, Alfred T. Coppola, Kevin J.
Helfer,David Franczyk, Bonnie Kane-Lockwood, Members
CLAIMS COMMITTEE: Bonnie K. Lockwood, Chairman, Kevin J. Helfer, Alfred T.
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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 A. Franczyk, Chairman, Byron Brown, Beverly Gray, Kevin
J. Helfer, Bonnie K. Lockwood, Dale Zuchlewski Members.
LEGISLATION COMMITTEE: Alfred Coppola, Chairman, David J. Czajka, Kevin J.
Helfer, Rosemarie LoTempio, Robert Quintana Barbra Kavanaugh Members
RULES COMMITTEE: James W. Pitts, Chairman, Kevin J. Helfer, Rosemarie LoTempio,
Members
EDUCATION COMMITTEE: Barbra A. Kavanaugh Chairman, Dale Zuchlewski, Kevin J.
Helfer, Beverly Gray, Bonnie K. Lockwood, Barbara Miller-Williams Members
SPECIAL COMMITTEES
TELECOMMUNICATIONS COMMITTEE: James W. Pitts, Chairman, Beverly
Gray, Robert Quintana, Alfred Coppola, Kevin J. Helfer.
BUDGET COMMITTEE: Rosemarie LoTempio, Chairman, Alfred T. Coppola, David
Franczyk, Kevin J. Helfer, Byron Brown
ERIE BASIN MARNA 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.
TASK FORCES
AUDITORIUM AND STADIUM TASK FORCE: James W. Pitts, Chairman, Kevin
J. Helfer, Bonnie K. Lockwood, Rosemarie LoTempio, Corporation Counsel/Designee,
Commissioner of Public Works/Designee, Commissioner of Community
Development/Designee, Commissioner of Administration and Finance/Designee,
President of Development Downtown.
ERIE BASIN MARINA TASK FORCE: James W. Pitts, Chairman, Kevin L. Helfer, Bonnie
K. Lockwood, Comptroller/Designee, Commissioner of Public Works/Designee,
President of Slip Renter's Assoc./Designee, Buffalo Sabres/Aud Club.
PARKS CONSERVANCY TASK FORCE: David A. Franczyk, Chairman, Kevin J. Helfer, Dale
L. Zuchlewski, John Scardino, Robert Kresse, Pamela DiPalma, Mark Mistretta,
Albert Howard, Marge Miller, Patty Farrell, Jack McGowan, Thomas J. Barnes, Wes
Olmsted, Robert Meldrum, Paula Mulligan, Louise Snyder, Rev. Benny Sheppard,
Friends of Olmsted designee, Commissioner of Parks/Designee, Commissioner of
Public Works/Designee, Commissioner of Community Development/Designee.
GREENWAY TASK FORCE: Bonnie Kane-Lockwood, Chairman, James August, Frederick
Holman, Barry Boyer, Allan Jamieson, Lucy Cook, Jesse Kregal, Mark Mistretta,
Thomas Pallas, Philip Snyder, Lorraine Pierro, Cynthia Schwartz, Ann Poole,
Suzanne Toomey-Spinks, Dr. Rae Rosen, Margaret Wooster, Jerry Malloy, David P.
Comerford, Tammy Barnes, Terry Wherry
CARBON MONOXIDE TASK FORCE: David Czajka Chairman, Fred Larson, Matthew Baudo,
Paul Mielcarek, David Pierowicz, Phil Haberstro, Mike Rabb, Donna DeCarolisle,
Jay Burney, Mark Kubiniec, Yerby Dixon.
CORPORATION PROCEEDINGS
COMMON COUNCIL
CITY HALL- BUFFALO
Tuesday, December 23, 1996
at 2:00 P.M.
PRESENT- James W. Pitts President of the Council, and Council
Members Brown, Coppola, Czajka, Franczyk, Gray, Helfer, Kavanaugh, Lockwood,
LoTempio, Pitts, Quintana, Williams and Zuchlewski- 13.
ABSENT- None.
On a motion by Mrs. LoTempio, seconded by Mr. Czajka, the minutes of the stated
meeting held on December 10, 1996 were approved.
FROM THE MAYOR
No. 1
Appointment of Member to the
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Buffalo Board of Ethics
Pursuant to the powers vested in me by Section 12-19, Article
11, Chapter 12 of the Buffalo Code, I hereby appoint Lee Charles LaMendola,
residing at 218 Bedford Avenue, Buffalo, New York 14216, as a member of the
Board of Ethics for a term expiring September 4, 1997. Mr. LaMendola is filling
the unexpired term of James M. Lanz, who has resigned.
Lee LaMendola is a graduate of the University of Buffalo and Vermont Law
School. He has been a practicing attorney for the past nineteen years, with
primary emphasis on litigation.
I hereby certify that the above named individual is fully qualified to
serve as a member of the Buffalo Board of Ethics.
REFERRED TO THE COMMITTEE ON LEGISLATION.
FROM THE MAYOR - EXECUTIVE DEPARTMENT
FROM THE CITY PLANNING BOARD
No. 2
V. Coppola, Request to Use 291 Bryant
for a Sit-In Restaurant
Item No. 64, C.C.P., 12/10/96
The City Planning Board at its regular meeting held Tuesday, December
17, 1996 considered the matter captioned above pursuant to Section 511-56 of the
Buffalo Code, the Elmwood Avenue Business District.
The applicant seeks to use a fire damaged apartment to expand an existing
sit-in restaurant.
The site is located in the EB zone which considers the expansion of eating
and drinking places to be restricted uses which require the approval of your
Honorable Body. Under SEQR the proposed facility is considered an unlisted
action which may be studied through uncoordinated review.
The Planning Board voted to approve the proposed restaurant expansion.
RECEIVED AND FILED.
No. 3
Retake Corp., Request to Use 520 Seventh
Street for job Training and Storage of Furniture
Item No. 63, C.C.P., 12/10/96
The City Planning Board at its regular meeting held Tuesday, December
17, 1996 considered the matter captioned above pursuant to Sections 511-68 and
136 of the Buffalo Code, the Niagara Coastal Review District and the Review of
Human Service Providers.
The applicant seeks to use a vacant factory/warehouse building to conduct
various vocational training programs and also to store furniture on an interim
basis for needy families searching for dwellings.
The site is located in the coastal review area but is not riparian.
Furthermore, the site is located in an R3 zone and under the Buffalo Code, human
service providers are allowed with the approval of your Honorable Body.
Upon review of the proposal, the Planning Board determined that there was
a modest concentration of human service providers but that such a concentration
did not constitute a negative impact on the surrounding neighborhood. Under
SEQR the proposed facility is considered an unlisted action which may be studied
through uncoordinated review.
The Planning Board voted to approve the proposed facility.
RECEIVED AUD FILED.
FROM THE BOARD OF PARKING
No. 4
Report of Bids
Aud Lots 1,2 and 3
The Parking Board advertised for three year leases for the above
stated lots on November 19, 1996. The public bid opening took at 11:00 a.m.,
December 18, 1996 in 1801 City Hall. The results are as follows:
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OPERATOR ANNUAL RENTAL
Allright Parking Buffalo Inc. $5328.00
107 Delaware Avenue
Buffalo, NY 14202
REFERRED TO THE COMMITTEE ON FINANCE.
FROM THE ENVIRONMENTAL MANAGEMENT COMMISSION
No. 5
Solid Waste Board Appointments
The Environmental Management Commission understands that the Common
Council will be appointing three members to the City's newly created Solid Waste
Board. The Commission would like to recommend the appointment of James Brem,
Gary Carrel, and Andrew Goldstein to the Board.
Mr. Brem, Mr. Carrel, and Mr. Goldstein have done a tremendous job as
members of the Environmental Management Commission's Solid Waste Task Force.
They have played key roles in the development and implementation of the
Recycling Enhancement & Education Program (R.E.E.P), and have worked tirelessly
to make recycling successful in the City of Buffalo. Their years of work on
recycling and solid waste management issues have given them the kind of
knowledge and expertise that will be critically needed by the Solid Waste Board
if it is to make Buffalo's recycling effort a world-class program. A
world-class recycling program, with high household participation rates achieved
through intensive public education, can generate enough revenue and cost savings
to significantly reduce the City's need for revenue from the Solid Waste fee.
This places added importance on the appointment of Board Members who are
committed recycling and recycling education. Mr. Brem, Mr. Carrel, and Mr.
Goldstein are among the strongest recycling advocates our City has ever known.
A brief description of each of the Environmental Management Commission's
recommendations is being provided to each Councilmember by the Commission.
Thank you for your consideration in this matter.
RECEIVED AND FILED.
No. 6
City-Owned Waterfront Property
Item No. 190, C.C.P. 10/29/96
The Buffalo Environmental Management Commission strongly supports
the policy resolution entitled "City Owned Waterfront Property" (#190, C.C.P.
October 29, 1996), introduced by Councilmember Kavanaugh at the October 29, 1996
Common Council Meeting.
Enhanced public access and greenway system development have been central
elements emerging from all of the efforts to plan revitalization of Buffalo's
waterfront that have been undertaken during the past decade. The 100 foot
setback or easement has been proposed by Friends of the Buffalo River and others
as an important policy prerequisite for effective public access and greenway
planning on our waterfront. The EMC agrees.
The policy resolution introduced by Ms. Kavanaugh appears to be a
realistic approach for establishing a one hundred (100) foot easement along the
portion of our waterfront that is currently owned by the City of Buffalo. By
requiring the City, "as a condition of sale for any city-owned waterfront
land...", to -...hold title to or retain an exclusive easement for a one hundred
(100) wide strip of land... along the full length of the parcel's waterfront
edge for public use and enjoyment...-, this proposed policy should protect the
resulting one hundred (100) foot "green" zone from legal attack as a "taking, of
private property. The policy would also allow the City the flexibility to
provide access to the water across the one hundred (100) foot zone for private
water dependent uses. Thus, these water dependent uses are not absolutely
precluded by the policy.
Establishment of the one hundred (100) easement is one of the
recommendations contained within the Buffalo River Greenway study recently
completed by Friends of the Buffalo River and their consultants. The EMC
reviewed and approved the Greenway Study. In a recent letter to Council
President James Pitts, we urged the Common Council to adopt the Buffalo River
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Greenway Plan, and requested that it be incorporated into the City's Master Plan
process.
REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT.
FROM THE BUFFALO ARTS COMMISSION
No. 7
Permission to Engage Consultant-Art Conservation Survey
Item #3, CCP 10/1/96
On October 1, 1996 a detailed request for proposals (RFP) was
issued to over 60 Art Conservationists specializing in the restoration and
preservation of portrait artwork. A total of eleven (11) responded with
proposals for a conservation survey of the Mayoral and Council President
portrait collection. A summary of the proposals is attached.
Each proposal was reviewed and scored based on the selection procedure
criteria outlined in the RFP. The Commission has endeavored to select the
conservator considered best qualified for the work pursuant to this criteria.
The Arts Commission voted to recommend to Your Honorable Body that the
professional service of West Lake Conservators, Ltd., P.O. Box 45, Skaneateles,
New York 13152, be engaged under contract for the work prescribed and at the
cost of $14,226. Funding is available through the Percent for Art Allocation
from Account CPF #200-717-028.
In forwarding the recommendation, the Arts Commission also requests
immediate approval so that work on the survey may commence in January 1997 in
preparation for actual restoration work planned for early next year.
In response to Your Honorable Body's request for an explanation of the
attached chart: the chart is supplied as a summary report of proposals received.
It lists the firms, the amount of time proposed to complete the project, as
well as a breakdown of proposed costs into the following categories: labor,
materials, travel/lodging and totals.
In response to Your Honorable Body's request for an explanation of the
selection process: the Committee which reviewed the proposals, scored each
proposal based on the criteria outlined in the RFP. The Committee's
recommendation was approved by the Commission, which now respectfully recommends
Your Honorable Body approve the same.
Thank you for your consideration and we are always available to answer any
questions regarding this matter.
Mrs. LoTempio moved:
That the communication from the Buffalo Arts Commission dated December 18,
1996 be received and filed; and
That the Buffalo Arts Commission be, and he hereby is authorized to engage
the consultant West Lake Conservators, Ltd., P.O. Box 45, Skaneateles, New York
13152 for a conservation survey. Funds for this project are available through
the Percent for Art Allocation from Account CPF #200-717-028.
PASSED.
AYES-13. NOES-0.
SPECIAL EVENTS COMMITTEE
No. 8
St. Patrick's Day Parade
Item No. 122, C.C.P., 11/26/96
You requested that I comment and provide recommendations regarding
the above-cited item. I have met with the sponsors of the St. Patrick's Day
Parade, including the author of the filed item, under the auspices of the
Council President and Councilmember Lockwood. In these meetings, we discussed a
compromise as to the fees the parade sponsors would pay and the services the
City would provide in hosting the St. Patrick's Day Parade. We have made
significant progress towards resolving the issues between the City and the
parade sponsors. We have scheduled a follow up meeting with the parade sponsors
on January 13, 1997.
REFERRED TO THE COMMITTEE ON FINANCE.
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FROM THE COMPTROLLER
No. 9
Buffalo Police Department
Federal Asset Forfeiture Account
Annual Certification Report
Item No. 32, C.C.P. 11/12/96
Lumsden and McCormick, LLP, performs an annual audit of the Federal
Asset Forfeiture Account of the Buffalo Police Department which we review.
The report is prepared to comply with the rules and regulations of the
Federal Asset Forfeiture program. Attached is a copy of their report for fiscal
year ending June 30, 1996.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 10
Report of Audit
Entertainment Ticket Fee Revenue
In response to the directive requiring the Comptroller to file
audit reports with the Common Council, I hereby submit copies of the
Entertainment Ticket Fee Revenue of the City of Buffalo audit report for the
period July 1, 1995 to September 30, 1996.
AUDIT SUMMATION
Our audit has revealed that two organizations, specifically, Blizzard
Soccer (a.k.a. Buffalo Soccer, LP) and Prime Seats, Inc. have collected the 5%
ticket surcharge monies on the City's behalf, and yet have failed to remit said
receipts to the City for the periods 7/1/93 to 6/30/96 and 7/1/95 to 9/30/96
respectively.
We recommend that the City utilize every possible means of collecting
these monies, which are in arrears to the City for an unreasonable amount of
time.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 11
Abandonment/Exchange
Portion of Clyde & Hutchinson
for Harrison Property
The Comptroller's office, Division of Real Estate, has received
a request from the Department of Public Works to acquire a parcel of land on
Hutchinson Avenue owned by Industrial Realty and Funding, Inc. (formally owned
by Harrison Radiator). The parcel to be acquired by the City will be used to
construct a cul-de-sac. Funds for the construction are available in Account
#200-401-562 - Construction of Northeast Parkway - Phase II.
The acquisition will involve the abandonment and exchange of a portion of
Hutchinson Avenue (a parcel 60' wide x 270' east of Clarence to Clyde) and a
portion of Clyde (60' wide x 270' south of Hutchinson), for a total of
approximately 0.75 acres. The City will exchange these two parcels for the
former Harrison Radiator parcel which is approximately .16 acres.
The abandonment/exchange will also involve either the abandonment of the
underground utilities or the utilities being secured by acceptable easement
agreements before the streets are officially abandoned.
Your Honorable Body may, by a 2/3 vote, authorize the abandonment/exchange
in accordance with Article 27, Section 516 of the City Charter.
I am recommending that Your Honorable Body refer this item to the City
Planning Board, in accordance with Article 17, Section 317.1. since this
involves the abandonment of a street or alley.
Should Your Honorable Body approve the abandonment/exchange, I am
recommending further that the Comptroller be authorize to negotiate the exchange
and report the results of negotiations back to the Common Council for final
approval.
REFERRED TO THE COMMITTEE ON FINANCE, CITY PLANNING BOARD, AND THE CORPORATION
COUNSEL.
No. 12
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Result of Negotiations
292-294 Reed, 163.75' S Genesee
Vacant Lot: 60' x 115'
Assessed Valuation: $2,900
The Office of the Comptroller, Division of Real Estate, has received
a request from King Urban Life Center, 945 Genesee Street, Buffalo, New York, to
purchase the above captioned property. The vacant lot is directly behind 945
Genesee Street owned by the Center and they intend to use the lot for parking
and creation of a community garden at the rear of the premises.
The Department of Community Development and the Division of Collections
have been contacted and they have no objections to the sale. There are no
building code violations, taxes or other liens owed to the City of Buffalo by
the purchaser.
An independent appraisal of the property was conducted by Mr. Frank
Pirritano, Appraiser, P.O. Box 650, West Seneca, New York 14224. He has
estimated the fair market value of the property to be One Thousand and Fifty
Dollars ($1,050). This represents approximately Fifteen Cents (.15) a square
foot for the subject property. The Division of Real Estate concurs with the
appraisers estimate of value.
The results of our negotiations are that the King Urban Life Center has
agreed and is prepared to pay One Thousand and Fifty Dollars ($1,050) for the
property. They have also agreed to pay for the cost of the appraisal, recording
fees, transfer tax and cost of the legal description.
I am recommending that Your Honorable Body approve the sale of 292-294
Reed Street to the King Urban Life Center in the amount of One Thousand and
Fifty Dollars ($1,050). I am further recommending that the Corporation Counsel
prepare the necessary documents for the transfer of title and that the Mayor be
authorized to execute the same.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 13
Result of Negotiations
39 Coit Street, 146.35' S William
Lot Size: 60' x 108'
Assessed Valuation: $3,400
The Comptroller's Office, Division of Real Estate, has received
a request from Richard J. Attea, Attorney, P.O. Box 120, Boston State Road,
North Boston, New York 14110, on behalf of Sahlen Packing Co., Inc., to purchase
the above captioned property. We have also received a request from Ms. Martha
Cole of 143 Coit Street, Buffalo, New York 14206, to acquire a portion of the
property at 39 Coit Street. The two parties have agreed to split the property
as follows:
1. 15' x 108' to Ms. Martha Cole
2. 45' x 108' to Sahlen Packing Co., Inc.
Ms. Cole will use her portion for additional yard space and Sahlen Packing
Co., Inc. will use their portion for additional parking.
The Department of Community Development and the Division of Collections
have been contacted. They have no objections to the sale. There are no code
violations, taxes, or other liens owed to the City of Buffalo by the purchaser.
An independent appraisal of the property was conducted by Howard P.
Schultz, MAI, 288 Linwood Avenue, Buffalo, New York 14209. He has estimated the
fair market value of the property to be Three Thousand Two Hundred and Fifty
Dollars ($3,250.00). The Division of Real Estate has investigated the sales of
similar properties in the area and concurs with the appraisers estimate of
value.
The results of our negotiations are that Sahlen Packing Co., Inc. has
agreed and is prepared to pay Thirty-Two Hundred and Fifty Dollars ($3,250.00)
for the subject property. As part of the consideration for the transfer of
title to Sahlen, Sahlen Packing Co., Inc. has agreed to deed 151 of the property
to Ms. Martha Cole at 43 Coit Street. They have also agreed to pay for the cost
of the appraisal, recording fees, transfer tax and cost of the legal
description.
I am recommending that Your Honorable Body approve the sale of 39 Coit
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Street in the amount of Thirty-Two Hundred and Fifty Dollars ($3,250.00), upon
the above terms and conditions. I am further recommending that the Corporation
Counsel prepare the necessary documents for the transfer of title and that the
Mayor be authorized to execute the same.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 14
Response/Policy of Sale
of City-Owned Properties
Resolution No. 235, C.C.P. 11/26/96
The above resolution has been forwarded to the Dept. of Community
Development, Corporation Counsel and this office for a response. The resolution
requests the Division of Real Estate to file its policy for selling city-owned
properties, including provisions for clearing the sale with other departments.
The body of the resolution also mentions that workable policies need to be in
place to accommodate potential uses of city-own properties, when they are put
forth by creditable individuals and institutions and that in many cases the city
is selling properties for a nominal fee, while in other cases City Officials
attempt to drive hard bargains.
The Division of Real Estate is responsible for management and disposition
of all city properties that were original acquired for a public purpose and no
longer needed for such purpose (capital assets) and properties acquired through
tax foreclosure auctions (in-rem).
I. Disposition of of Properties Acquired for Public Purposes for Which
Public Use Has Been Abandoned:
Capital assets can be disposed of in accordance with Article 27, Section
513 through 522 of the City Charter. To summarize these sections, the following
is offered:
1.Upon requests, Your Honorable Body may authorize the disposition of
property which is either unappropriated or which has been abandoned for public
use by 2/3 votes of its members. There are two options to be used for said
disposition:
a.)By Section 514 of the Charter, upon approval of Your Honorable Body, the
prospective purchaser of such property would petition Supreme Court to appoint
appraisers, at petitioner expense, to determine a reasonable value of said
property. The appraisal results are filed with Your Honorable Body for
consideration/approval, and the appraised value is the amount to be paid by the
purchaser, who also pays all costs of disposition.
b.)In the alternative, Your Honorable Body, by 2/3 votes of its members, may
authorize disposition by public auction to be conducted by the Comptroller
(Section 515). Normally no appraisal is performed and the results of said
auction are then transmitted to the Council for consideration/approval.
2.By 2/3 votes of its members the Council may authorize an exchange of land
of like value, so long as the land to be acquired by the City in the exchange is
required for public use (Section 516).
3.By 3/4 votes of its members the Common Council may authorize the sale or
lease for development, redevelopment, reconstruction and rehabilitation in
substandard and insanitary areas for Urban Renewal, at public auction or sealed
bid at the highest marketable price or rental.
II.)DISPOSITION OF REAL PROPERTY ACQUIRED AT TAX FORECLOSURE SALE:
The Common Council, by resolution contained in Item #198, C.C.P. May 16,
1978, established the basic guide lines and procedures governing disposition of
property acquired at tax foreclosure sales. The following is a general outline
of our policies established in accordance with the above mentioned resolution:
a.)All purchase requests and offers shall be made in writing and be on forms
to be furnished by the City and shall be filed with the Comptroller's Office,
Division of Real Estate.
b.)The Division of Real Estate forwards the request to purchase city property
to various departments in the City to determine whether the property is needed
for public purposes or development. The Division of Real Estate also requests
information from the Division of Collections to insure the purchasers are
current on their taxes and have no outstanding liens or other obligations owed
to the City of Buffalo. The Department of Community Development is also
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contacted to determine that there are no outstanding building code violations by
the purchaser, who may own other property in the City. If the purchaser has
outstanding liens or outstanding code violations, no negotiations can take place
until all aforementioned obligations are satisfied.
c.)If the property is released and the purchaser has no outstanding
obligations to the city, an appraisal of the property is ordered and paid for by
the purchaser to determine the fair market value of the property. The Director
of Real Estate then negotiates with the perspective purchaser and prepares a
purchase offer, which is forwarded to the Common Council with the results of
negotiations and the Comptroller's recommendation.
d.)Upon receipt of the results of negotiations and the Comptroller's
recommendation, the Common Council may:
1.Approve the sale;
2.Receive and File the offer;
3.Authorize the Comptroller to sell the property through public auction.
If the Council approves the sale, the Division of Real Estate prepares the
sale of the property for closing and the sale and transfer of title is completed
by the Law Department.
These are the general policies and procedures for the sale of vacant land.
When a sale involves an improved property the purchasers, in addition to the
above requirements, are asked to submit cost estimates for any repairs,
renovations or additional improvements that may be required to bring the
property into code compliance. The purchaser is also required to provide proof
of financial ability to complete the repairs and purchase of the property.
Proof of financial ability means a letter of commitment or line of credit from a
recognized lending institution, or documentation showing cash on hand or other
evidence showing sufficient funds available to the purchaser.
As the City Comptroller, it has always been my goal, when it comes to the
disposition and sale of city-owned property to try and return the property to
the tax rolls as soon as possible and to receive a fair and reasonable price for
the tax payers of the City of Buffalo. Independent appraisals are ordered to
establish the current value of a property and used in the negotiation process.
Although the price to be received by the City is an important consideration,
when negotiating with possible purchasers other factors which may be important
are also considered such as, proposed use of the property, financial ability of
the purchaser to rehabilitate, maintain or use the property for a designated
purpose, character and/or experience of the purchaser, including ownership of
other property within the City, etc.
I am aware that over the years the Administration, Council and My Office
have received numerous requests for the donation of city property from various
individuals and organizations. We as elected officials are guided not only by
the City Charter, in the manner in which these properties are to dispose of, but
also the laws of New York State. Article 8 of the New York State Constitution
prohibits a municipality from gifting or loaning money or property to or in aide
of any individual, private corporation or association, unless specifically
authorized by State Statue.
This past February I filed with the Common Council my Comptroller's report
on Neighborhood Housing Conditions and Related Problems. In that report a
number of problems and issues involving the disposition of city-owned properties
were identified and specific recommendations made to improve and correct
problems. My staff and I have been meeting with the Council's Committee on
Community Development and the Administration and have made progress in
developing solutions for controlling and disposing of city-owned properties that
were identified in the report.
I hope that the above information will be helpful to the Common Council in
its discussion of the item before you. Additional information or clarification
on our policies or procedures can be obtained from my office or John Hannon in
the Division of Real Estate.
REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT.
FROM THE PRESIDENT OF THE COUNCIL
No. 15
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Lease-Kleinhan's Music Hall
Attached is the freshly negotiated lease for Kleinhans Music Hall.
Mrs. LoTempio moved:
That the Common Council does hereby approve the lease agreement between
Kleinhans Music Hall Management, Inc., and Buffalo Philharmonic Orchestra
Society, Inc. which is for a ten (10) year term to commence on September 1, 1996
and ending August 31, 2006.
PASSED.
AYES-13. NOES-0.
FROM THE COMMISSIONER OF ASSESSMENT
No. 16
Temporary Board of Assessment Review
Based upon the number of inquiries and requests for forms already
made and the forms already submitted to challenge an assessment, The Department
of Assessment is projecting a total number of complaints in excess of the over
2800 complaints received last year. As a result of last year's number of
complaints, the permanent five member Board of Assessment Review scheduled
hearings in three minute increments thereby severely limiting taxpayer, assessor
and Board of Review time to consider the merits of the challenge.
At this time it is nearly impossible to forecast the actual number of
requests for formal assessment hearings this office will receive for the 1997-98
Assessment year. However, based on last year's count and scheduling, it is
quite apparent the department will need to supplement the Board of Assessment
Review with temporary board members this year. This will enable the permanent
Board of Review to combine with the temporary members and form two mini-boards
to review the assessment applications.
Therefore, I am requesting Common Council approval of four (4) temporary
Board of Assessment Review members. The Director of Budget has identified funds
in the budget allocation of the Department of Assessment to cover the salary
cost for these temporary members.
I respectfully request, given that hearings begin January 2 and conclude
in early February, that your Honorable Body give immediate attention to this
matter.
REFERRED TO THE COMMITTEE ON LEGISLATION.
FROM THE COMMISSIONER OF PUBLIC WORKS
No. 17
Settlement of Conrail lawsuit
This is to advise that Consolidated Rail Corporation, better known
as Conrail, instituted an action in the United States District Court for the
Southern District of New York in White Plains, New York, in the late summer of
1993. Conrail claimed that the method of taxing railroad real property in New
York State was in violation of federal law prohibiting taxation of railroad
property at a higher rate than other commercial and industrial property. The
State was a defendant as well as various tax-receiving jurisdictions, including
the City of Rochester and Erie County. Buffalo was not an original defendant.
The Judge eventually required Conrail to add the ten jurisdictions which
received the most in taxes from Conrail, and Buffalo was added at that time.
The defendants have been in negotiation with Conrail for the last several
months and a proposed settlement has been agreed upon. Under the proposed
settlement, Conrail would drop all four years of actions. Conrail's property
taxes would be limited to $220 million statewide over an eight-year period
(1993-2000), or $27.5 million each year. Since the first year of the lawsuit, a
portion of property taxes in all jurisdictions which include Conrail
transportation property has been withheld and put in a fund known as the
registry. Under the settlement, between $500,000 and $600,000 would be returned
to Buffalo from the registry, and no refunds from Buffalo to Conrail would be
required. Future taxes to Buffalo for the remainder of the eight-year period
would be capped at approximately $1.2-$1.3 million per year, or slightly more
than Conrail paid in property taxes to Buffalo in 1993-1994, the last fiscal
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year not covered by the lawsuit.
The Law Department joins me in recommending this settlement, which is
subject to your approval Because of time constraints placed on the parties by
Judge Breiant and Magistrate Fox in the district court in White Plains, I must
request your immediate consideration of this matter. I hereby request that the
Law Department be authorized to join in the settlement of the case of
Consolidated Rail Corporation v. State Board of Equalization and Assessment of
the State of New York, et al., such settlement to include a state-wide
eight-year tax cap of not less than $220 million.
Mrs. LoTempio moved:
That the communication from the Commissioner of Assessment, dated December
16, 1996 be received and filed; and
That the Corporation Counsel be, and hereby is, authorized to join in the
settlement of the case of Consolidated Rail Corporation v. State Board of
Equalization and Assessment of the State of New York, et. al such settlement to
include a state-wide eight-year tax cap of not less than $220 million.
PASSED.
AYES- BROWN, COPPOLA, CZAJKA, FRANCZYK, GRAY, HELFER, KAVANAUGH, LOCKWOOD,
LOTEMPIO, QUINTANA, WILLIAMS, ZUCHLEWSKI-12.
NOES-PITTS-1.
No. 18
Municipalization of Electric Utilities
Item No. 150, C.C.P. 10/1/96
I understand that the Council witnessed a presentation by the
Wing Group regarding the municipalization of the electric utility. I think that
the Council is wise in finding out as much information as possible regarding
this very complicated issue. I do suggest, however, that before the Wing Group
or any other consultant is employed, that this office be allowed to solicit
proposals from other competent firms.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 19
Difference in Salary
Approval to receive a supplemental sum equal to the difference
between wages and compensation benefits
Mr. Karl Hawthorn, a Caulker Supervisor, in the Division of Water is on
disability from 10/21/96. Pursuant to the City Ordinance, Chapter 35, Article
VI, Sec. 22, each employee is entitled to a difference in pay allowance under
the provisions of the Worker's Compensation Law.
Therefore, Mr. Hawthorn is entitled to a difference in pay. The normal
salary for 10 days - $1,230.76. Less deductions for NYSTATE - $59.77; FEDERAL -
$191.86; FICA-MED $94.16 and NY State Retirement $36.92 for a total of $382.71
for deductions. Less payment by Compensation Carrier in the amount of $800.00.
Amount due to the employee is $48.05 for Payments to continue bi-weekly until
employee returns to work of for 6 months.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE AND COMMISSIONER OF ADMINISTRATION
AND FINANCE.
No. 20
Difference in Salary
Approval to receive a supplemental sum equal to the difference
between wages and compensation benefits
Mr. Richard Coppola, a Carpenter, in the Division of Water was on
disability from 10/22/96 until returning to work on 11/12/96. Pursuant to the
City Ordinance, Chapter 35, Article VI, Sec. 22, each employee is entitled to a
difference in pay allowance under the provisions of the Worker's Compensation
Law.
Therefore, Mr. Coppola is entitled to a difference in pay. The normal
salary for 15 days - $1586.03. Less deductions for NYSTATE - $68.33; FEDERAL -
$179.96; FICA-MED -$121.34 and NY State Retirement $0 for a total of $369.63 for
deductions. Less payment by Compensation Carrier in the amount of $1123.71 for
the period from 10/22/96 through 11/12/96. Amount due to the employee is
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$92.69.
Payments to continue bi-weekly until employee returns to work of for 6
months.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE AND COMMISSIONER OF ADMINISTRATION
AND FINANCE.
No. 21
Change in Contract
Ken Bailey Recreation Center
2777 Bailey Avenue
I hereby submit to Your Honorable Body the following changes for
the Ken Bailey Recreation Center/Police Precinct, 2777 Bailey Avenue, Nichter
Construction Co., Inc., General Construction - C #9 1 820500.
1 .Furnish and install fire rate soffits under Stairs 134 and 149 to provide
a continuation of rated stair enclosure that was omitted on the construction
drawings. Add $879.00
2.Revise three room identification and occupancy signs for the Captain's
Office (5 slots - 5 names), the Detective's Office (5 slots - 8 names), and the
Lieutenant's Office (5 slots - 12 names) as requested by the Buffalo Police
Department to identify each officer in the room. Add $473.00
3.Furnish and install one fire alarm pedestal foundation at the corner of
Langfield and Bailey in lieu of the assumed installation by the Buffalo Fire
Dept. Add $623.00
4.Furnish and install full height ceramic tile wall finish in shower rooms
116 and 119 which was not included on the construction drawings. Add $3,795.00
5.Decrease door 136 from 3'-6" to 3'-0" in width. Deduct $ 780.00
6.Revise ceiling at Entry 170 to provide soffit pocket to accommodate louver
opening for Generator Room due to the fact that the scheduled ceiling heights
conflicted with the elevation of the louver. Add $482.00
7.Furnish and install spandrel glass panels at police vestibule entry frame
required for completion of barrel vaulted ceiling detail. Add $1,375.00
8.Furnish and install blinds on observation windows and doors in Rooms 139
(Juvenile Interview) and 160 (Detectives Interview) as requested by the Buffalo
Police Department. Add $ 193.00
9.Furnish and install 16 inch by 24 inch one-hour rated access door in
mechanical shaft in Room 204 above the finish ceiling required for access to
smoke detector in duct. Add $768.00
TOTAL ADD $7,808.00
The foregoing change results in a net increase in the contract of Seven
Thousand Eight Hundred Eight and 00/100 Dollars ($7,808.00).
Summary:
Original Amount of Contract $3,151,000.00
Change Order #1, CCP 0 1/09/96; item 11 Add 87,853.00
Change Order #2, CCP 01/23/96; item 22 Add 6,544.00
Change Order #3, CCP 02/20/96; item 51 Add 7,416.00
Change Order #4, CCP 05/14/96; item 30 Add 737.00
Change Order #5, CCP 07/09/96; item 15 Add 15,443.00
Change Order #6, CCP 07/23/96; item 39 Add 13,647.00
Change Order #7, CCP 9/3/96; item 40 Add 4,083.00
Change Order #8, CCP 10/1/96; item 115 Add 15,455.00
Change Order #9, CCP 12/10/96; item 120 Add 22,138.00
Amount of This Change (No. 1 ) Add 7,808.00
Revised Amount of Contract $3,332,124.00
These changes could not be foreseen at the time contract was let. Costs
have been reviewed by the Consulting Architect and the Department of Public
Works and found to be fair and equitable. Funds for this work are available in
CPF 200402-022 - Division of Buildings.
I recommend that Your Honorable Body authorize the Commissioner of Public
Works to issue a change order to the contractor as set forth above.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 22
Closure of Abandoned Underground Fuel
Page 12
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Storage Tank Located at 1785 Hertel Avenue, s.e. corner of Voorhees St.
This to advise your Honorable Body that on August 14, 1996, this
office was notified of an underground fuel storage tank that was uncovered at
1785 Hertel Avenue, by National Fuel Gas Corp. during a routine gas service
operation.
We, also have been put on notice that, since the tank is on City property,
the City is responsible for the timely and expeditious removal of the fuel tank
in accordance with New York State Department of Environmental Conservation and
Federal EPA regulations and procedures.
As such, I have taken informal bids on November 1, 1996 from certified and
licensed contractors for the removal and disposal of this underground storage
tank as follows:
Unit Price
Base BidIncreaseTotal
Pinto Equipment, Inc.$6,667.00$1,333.40 $8,000.40
Elmwood Tank & Piping $9,373.50 $1,874.70 $11,248.20
Innovative Services Intnal.$12,195.00 $2,439.00 $14,634.00
I hereby certify that the lowest responsible bidder for the above project
is Pinto Equipment, Inc.
I respectfully recommend that your Honorable Body order the work, the cost
thereof to be charged to the Capital Projects Fund *200-401-507-00-000 in an
amount of $6,667.00, plus approved unit prices not to exceed $1,333.40, for a
total encumbrance of $8,000.40. The engineer's estimate for this work is
$9,000.00.
The above is certified to be a true and correct statement of the three
lowest bids received. Under provisions of the General Municipal Law any of the
bidders may withdraw his bid if an award of the contract is not made by December
16, 1996, Individual bid submissions are available in our office for inspection
and copies are available upon request.
REFERRED TO THE COMMITTEE ON FINANCE AND CORPORATION COUNSEL.
No. 23
Certificate of Appointment
Appointment Effective December 9, 1996 in the Department of Public
Works Division of Water, James A. Berebko, 54 South Crossman, Buffalo, 14211 to
the Position of Chief Water Service Inspector, Permanent, at the Maximum
Starting Salary of $33,109
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
No. 24
Certificate of Appointment
Appointment Effective Dec. 9, 1996 in the Department of Public
Works, Division of Buildings, Richard A. Sacco, 33 Parkview Place, Buffalo 14210
to the Position of Assistant Building Superintendent, Temporary, at the Maximum
Starting Salary of $36, 322
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
No. 25
Response to Performance Audit Report
In response to the directive requiring the Department of Public
Works, Division of Engineering to file a response to the Performance Audit
conducted by the Division of Audit, I hereby submit the Department of Public
Works, Division of Engineering's response to that audit report.
Audit - Division of Engineering - Item # 15, C.C.P. September 17, 1996
(Attached)
REFERRED TO THE COMMITTEE ON FINANCE.
No. 26
Adjust Water 17-19 Irving
Item No. 119, C.C.P. 11/26/96
I have reviewed the concern regarding the above property. The
owner contends that part of the property was unoccupied during the billing
period and feels that the water could not be used. A service call was made to
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the property on November 26, 1996 to re-investigate for high usage and leaks.
The owner at 19 Irving requested that the Meter Mechanic remove the remote
register due to discrepancies between the reading on the outside register and
the inside meter. After removing the outside register the Meter Mechanic
returned to the Meter Shop and notified Mr. Ted Comstock, Water Meter Mechanic
Supervisor, that the removed remote had been connected to another water meter
other than a 3/411 meter which he found in the closet at 19 Irving. Mr.
Comstock had the Mechanic return to 17-19 Irving to further investigate. When
he returned the building was locked and the Mechanic left notice for the owner
to call for an appointment for further investigation. Mr. Comstock also
contacted Water Inspection to see if the Water Inspector who verified the new
service installation could assist in locating the water meter.
On November 29, 1996 the Inspector met the owner of 19 Irving and was able
to locate a trap door in another closet at 19 which gave access to a crawl
space. When he opened the trap door he could see another water meter in the
crawl space but was unable to access the meter due to whatappeared to be a
break at a sweated joint on the water service just after the water meter. He
then advised the owner to engage a plumber to repair the leak. On
December 13, 1996, after the owner had engaged the plumber to make the repair,
the Mechanic met the Inspector at 19 Irving. The Mechanic got the correct
state on the 1" Badger Meter' (#91041377) State: 146120. The Mechanic
reinstalled the remote register and synched the remote with the inside meter.
This 11 meter was found to be servicing both 17 and 19 Irving while the 3/4"
meter was found to be installed after the 1" meter and being used as a sub-meter
to register the water used at 19 Irving only. The Mechanic advised the owner of
the policy of only one (1) city meter per service.
The 3/4" City Meter #89481076 was picked up at City Hall on June 5, 1990
and was to be installed at 25 Barthel Street - not 17-19 Irving. On June 13,
1996 we notified by letter Erin M. Peradotto of this illegal hook-up. As you
can see when we went out on location on December 13, 1996 this still had not
been removed and the meter returned to the Meter Shop.
In closing, the high water bill was due to the a leak on the service after
the inside meter in the crawl space. Previously we had been billing a service
charge for a 3/4" meter and not a 1" meter. This billing will be adjusted to
reflect this. We have canceled a Miscellaneous Charge for a 1" meter as that
was found in the crawl space. The owner must remove that 3/41 meter immediately
and return to the Division of Water or we will be forced to bill for a missing
3/4" meter.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 27
City Pay Phone Rental & Licenses
Item No. 165, CCP 11/12/96
Pursuant to a request of Your Honorable Body please be advised
of the following:
A) The coin phones in City owned Buildings or on City of Buffalo property
which is not considered right of way.
61 - No license fee charges/pay local and toll revenue.
B) Number of pay phones on City of Buffalo right of way defined as public
right of way as last inspection on may 1, 1993:
1)NYNEX Coin Phones
208-licensed but "grandfathered locations that pay revenue only but not annual
license fees due to "grandfathering'.
*17 of these are currently out of service. 23-coin phones that pay annual fees
of $131.25 each plus local/toll revenue.
*37-of these coin phones have been converted to "smart phones, per Councilmanic
or Administrative requests. These phones are programmed to deter drug dealers
and prostitute use by preventing access to cellular phones, beepers, incoming
calls, and they will shut off, except for 911 at a pre-programmed time.
2)WNY/Trustee Coin Phones
67- illegally installed coin phones as of 5/1/93. Notified that phones were
illegal and the City of Buffalo was owed $7,087.50 plus court fees as of 5/1/93.
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2-phones have been licensed since 5/1/93.
3)Pay Tel Corporation
55 - illegally installed coin phones as of 5/1/93. Notified that phones were
illegal and the City of Buffalo was owed $14,437.50 plus court fees on 5/1/93.
This vendor was summoned to Court by the City of Buffalo.
3-phones have been licensed since 5/l/93.
4)Hello Pay phones
35- illegally installed coin phones as of 5/1/93. Notified that phones were
illegal and the City of Buffalo was owed $9,187.50 plus court fees as of 5/1/93.
5)Four other smaller vendors had 10 additional violations as of 5/1/93.
They were collectively notified, that they owed the City of Buffalo $2,625.00,
plus court fees as of 5/1/95.
C)Revenues on Coin Phones from July 1, 1995 to June 30, 1996:
1)
NYNEX
Local Usage: 6% to 9%
based on volume:$4,980.56
Toll Usage 22% to 26%
based on volume;$10,883.81
License fees - 23 coin phones
x 131.25 each$3,018.75
TOTAL$18,883.21
2)WNY Trustee Coin Phones
Local/Toll usage: $214.42
License fees - 2 coin phones
x 131.25 each $262.50
TOTAL $476.92
3)Pay Tel Corporation
Local/Toll Usage:$0
License fees - 3 coin phones
x $131.25 each$393.65
TOTAL$393.65
4)Hello Pay phones:
Local/Toll usages:$0
License fees$0
TOTAL$0
5)Four various vendors:
Local/Toll Usage$0
License fees$0
Total$0
The information provided above regarding the number was accurate as of
1993. Since that time all of these operators have attempted to legalize their
installations through the process developed by Your Honorable Body. Nearly 95%
of these requests have been denied.
Regarding the bidding of pay phone locations, we would like to review the
Corporation Counsel's response before we develop a bidding process.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 28
Permission to Hire a Consultant for Work
at Erie Basin Marina
I hereby request permission from Your Honorable Body to authorize
the Commissioner of Public Works to engage the services of a consultant engineer
to prepare plans and specifications and to advertise for bids for the necessary
repair work at the Erie Basin Marina. This work shall include, but not be
limited to replacing the existing fuel tanks which do not meet Department of
Environmental Conservation (D.E.C.) or Environmental Protection Agency (E.P.A.)
requirements and must be brought up to compliance by December, 1998. other work
to be considered will be to seal the concrete tower which is showing
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deterioration, update the power supply to accommodate more modern boats,
miscellaneous roof repairs, sidewalks, parking lot and landscape improvements.
Funds for the construction portion of this necessary work are being
requested as a priority project in our department's Capital Budget Request for
fiscal year 1997 - 1998.
REFERRED TO THE ERIE BASIN MARINA TASK FORCE.
No. 29
Extension of Time on Contract
Buffalo Fire Department
Various Locations Decontamination Areas
Item No. 28, CCP 05/28/96
In accordance with the terms of the contract between the City
of Buffalo and the following contractor, the plumbing work on the above project
should have been completed by December 23, 1996.
Due to extended shipping schedules, the contractor has not yet been able
to complete certain portions of their work.
This is the first extension of time on this project.
I have granted an extension of time to January 31, 1997 for the following
contractor:
C #91872900 - MKS Plumbing
REFERRED TO THE COMMITTEE ON FINANCE.
FROM THE COMMISSIONER OF POLICE
No. 30
District Boundaries
No. #237, CCP November 26, 1996
District boundaries and allocations of officers to patrol districts
are determined using standards approved by the National Commission on
Accreditation of Law Enforcement Agencies. These requirements allocate
personnel to the patrol component based on a workload assessment containing an
analysis of; number of incidents handled by patrol during a specified period,
average time required to handle an incident (weighted calls for service),
calculations of time available for handling incidents and available staffing
days based on time off.
The span of control (ratio of supervisors to officers), size and
accessibility of the district and neighborhood specific concerns are also
considerations.
During the next year the department will be working with UB and, with this
assistance, a widely used computer system for determining patrol staffing.
Patrol staffing and district boundaries will be part of this year long review
and adjusted upon completion.
The setting of district boundaries is the duty and responsibility of the
Police Commissioner and is done in order to improve or maintain the operational
effectiveness and efficiency of the police department. Political boundaries are
never a consideration in setting police districts.
RECEIVED AND FILED.
No. 31
Unsolved Homicide Cases
No. 222, CCP November 26, 1996
Any review of other large city police department homicide sections
will clearly show that the ratio of homicides-to-detective is well within or
below that of other agencies. It makes absolutely no sense to equate the number
of detectives on a shift or on call or to something discussed in this resolution
as "minimum standard" to the solving of these cases. I am unfamiliar from what
professional association this minimum standard was derived from.
Also attached are relevant statistics from annual reports regarding the
additional information requested.
REFERRED TO THE COMMITTEE ON LEGISLATION
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No. 32
Interim agreement with BMHA
Attached is a copy of an interim agreement between the Buffalo
Police Department and the BMHA. It provides for necessary and legally required
services involving public safety and response to calls for service until the
BMHA can hire additional personnel and have them trained. Director Sharon West
and I have cooperated fully and both staffs have worked to develop a system that
provides service and protection to those who reside in BMHA residences during
this interim period. The BPD has offered all possible assistance to BMHA in the
hiring and training process for new officers.
Further discussions will result in agreements that finalize the duties and
responsibilities of each agency.
RECEIVED AND FILED
FROM THE CORPORATION COUNSEL
No. 33
Acquiring Title to the Delavan Armory
Resolution # 166, Nov. 14, 1995
You have requested a response from this Department regarding the
proposed sale of the Delavan Avenue Armory to the City of Buffalo for $ 1.00.
Pursuant to correspondence received from the New York State Office of General
Services, the instrument of conveyance will contain environmental indemnity
provisions to the effect that the State will be indemnified and held harmless
against existing and potential environmental liability arising in connection
with the realty to be conveyed.
This Department advises that prior to obtaining any property, a
preliminary environmental assessment be performed to determine the condition of
the property. If remediation is deemed to be necessary, a cost estimate should
be obtained as well.
While this department has not yet seen the actual indemnification
language, the City should not be put in the position of indemnifying the State
for any environmental condition which it created and/or maintained during the
term of its ownership. Furthermore, if the City does decide to accept the
property under these conditions, any future conveyance by the City of this
parcel should provide identical language, holding the City harmless.
The Board of Education for the City of Niagara Falls once got a great deal
on a parcel of property, Love Canal for $1.00.
The City would be well advised to know the environmental condition of any
property it intends to purchase.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 34
Additional Info Acquiring Title to the
Delavan Armory
Resolution # 166, Nov. 14, 1995
You have requested a response from this Department regarding the
proposed sale of the Delavan Avenue Armory to the City of Buffalo. Pursuant to a
phone conference held on December 17, 1996 with the State Office of General
Services, the transfer agreement will contain environmental indemnification
language as well as a reverter clause. The reverter clause will state that if
the property ceases to be used for municipal purposes, it shall revert back to
the State of New York.
It is this Department's understanding that the property, upon receipt by
the City, will be cleaned up for the ultimate purpose of transferring it to
another entity. Any conveyance to a private organization would require a
special act of the Legislature, due to the reverter provision. Furthermore, any
transfer must be for full and adequate consideration and must compensate the
City for funds expended for the remediation.
This Department has previously advised you (by communication dated
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December 12, 1996) regarding the indemnification language.
The legislation authorizing the transfer will expire December 31, 1996.
Because of the time constraints, if the City chooses to accept title to this
property, it should do so subject to the environmental indemnification language
and the reverter clause.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 35
Marine Midland Arena
Attached is Requisition No. 24 relating to the Marine Midland
Arena Project.
REFERRED TO THE SPECIAL COMMITTEE ON STADIUM/AUDITORIUM.
No. 36
Main Seneca, et al vs. Amherst IDA, et al
Attached for each of you is a copy of James L. Magavern's letter
dated November 26th to Attorneys William M. Murray and Edward S. Bloomberg
regarding the AIDA lawsuit.
REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT.
No. 37
Great Northern Grain Elevator
Demolition Process
Item No. 174, C.C.P., 4/30/96
You have asked the Law Department to explain the procedure prior
to the demolition of the Great Northern Grain Elevator (the "Elevator") now that
the litigation with Archer Daniels Midland Milling Company ("ADM") has been
settled.
Since the Elevator is a local historic landmark, a Certificate of
Exception must be obtained from the Preservation Board before a demolition
permit will be issued by the City. Prior to the issuance of the Certificate of
Exception, ADM must comply with the following seven (7) mitigative conditions
for the loss of the Elevator:
1) supply a letter from an appropriate corporate official stating that it
is aware of the planned demolition and the historical significance of the
Elevator; 2) submit a resolution from the Board of Directors authorizing the
construction of a new grain elevator and allocating capital funds for its
construction; 3) submit security to guarantee construction in the form of a
fully executed construction agreement and an executed promissory note; 4) give
the City copies of the Historical American Building Survey or Historic American
Engineering Record which relate to the Elevator; 5) provide a signed contract
for videotaping of the interior of the Elevator; 6) submit a signed contract for
the construction of a "to-scale" model of the Elevator, and 7) deliver various
archival material from the Elevator to the City.
Once the above conditions have been satisfied, the Preservation Board will
issue the Certificate of Exception. The demolition permit will then be issued
by the City once ADM has met all of the normal legal requisites for acquiring a
demolition permit. Upon ADM's receipt of the demolition permit, the demolition
of the Elevator may proceed.
REFERRED TO THE COMMITTEE ON LEGISLATION AND PRESERVATION BOARD.
FROM THE COMMISSIONER OF COMMUNITY DEVELOPMENT
No. 38
Appointment-Director of Housing & Inspections
In accordance with the provisions of Section 441, of the Charter
of the City of Buffalo, I hereby transmit the following Certificate of
Appointment:
Pursuant to the powers vested in me under the provisions of Section 273 of
the Charter of the City of Buffalo, I hereby certify that I have appointed Gary
Ziolowski as Director of Housing & Inspections, in the Department of Community
Development - Division of Inspections, Licenses & Permits effective December 5,
1996. Mr. Ziolowski resides at 82 Howell, Buffalo, New York 14209.
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Mr. Ziolowski has been a Building Inspector with the City of Buffalo since
March 23, 1981. In February of 1994 he was appointed as Chief Building
Inspector of Multiple Dwellings and has held that title until the present time.
His education, construction experience and on the job experience qualify him
for the position of Director of Housing & Permits with the Department of
Community Development.
I hereby certify that Mr. Ziolowski is fully qualified to fill the
position of Director of Housing & Inspections.
RECEIVED AND FILED.
No. 39
Monthly Report of Licenses Issued In November 1996
I am respectfully submitting the enclosed report of licenses issued
in the month of November 1996 by the Division of Inspections, Licenses and
permits.
RECEIVED AND FILED
No. 40
Auditorium Re-Use
Attached, please find a copy of the December 3, 1996 correspondence
received from Essinger, Wooten and Maxwell, Incorporated of Coral Gables,
Florida pertaining to the re-use of Memorial Auditorium. Wayne Kwiatkowski of
my staff has been advised by EWM that they along with their client will be
visiting the Buffalo area along with the site after the 1st of the New Year
1997.
REFERRED TO THE SPECIAL COMMITTEE ON STADIUM/AUDITORIUM.
No. 41
Consistent Policy Regarding
Bid Requirements MBE & WBE Participation
Res. 148, CCP Oct 1,1996
The Department of Community Development has been asked to respond
to the above mentioned Common Council Communication.
The Department of Community Development fully supports uniform bidding
requirements seeking to ensure access for minority and women business
enterprises. We are eager to work with other City Departments to establish
same. As the Corporation Counsel has been working on an Affirmative Action
Policy Statement that ensures economic opportunities for MBE and WBE concerns
our Department will contact Mr. Peace to participate in implementation of the
policy and steps toward ensuring uniform bidding requirements.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 42
Permission to Accept
Fund Transfer Allendale Theater
I respectfully request that Your Honorable Body accept a fund
transfer for the historic Allendale Theater reconstruction project. The Buffalo
Urban Renewal Agency has previously approved a total transfer of $134,500 and
Your Honorable Body previously accepted $41,000 of this amount.
I, therefore respectfully request that Your Honorable Body accept an
additional transfer of $93,500 for a total of $134,500 from Community
Development Block Grant Account 96-50200 to Capital Project Account 200-717-041
to continue this project.
Mrs. LoTempio moved:
That the communication from the Commissioner of Community Development,
dated December 17, 1996 be received and filed; and
That the Commissioner of Community Development be, and he hereby is,
authorized to accept an additional transfer of $93,500 for a total of $134,500
from Community Development Block Grant Account 96-50200 to Capital Project
Account 200-717-041 to continue this project.
PASSED.
AYES - 13 NOES - 0.
Page 19
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No. 43
M. Newkirk-Problems 183 Box
Item No. 117, C.C.P. 11/26/96
With regard to the above subject property please be advised a
title search was done on February 9, 1995 (copy Attached) which determined that
Mary Alice MClain aka Mary Alice Newkirk, is the owner of the property located
at 183 Box. Although, the owner is claiming the city owns the property. This
is not true. The property is presently in Housing Court. The last appearance
was 11/26/96. At that time a demolition hearing was requested. The case has
been adjourned until January 3, 1997. Note: A demo hearing date has not been
determined as of this writing.
We trust this will satisfy your inquiry.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 44
Report of Emergency Demolition Bid 96 Archie, etc
Due to the very serious and hazardous condition(s) of the building(s)
located at the below stated property(ies), inspections were conducted by this
department and it was determined that immediate demolition was necessary due to
(1) the structural condition of the building(s) and/or (2) the resulting
dangerous and hazardous condition which exists at this( these) location(s),
i.e., in accordance with the guidelines outlined in Chapter 113 of the
Ordinances of the City of Buffalo. Please be advised, therefore, that offers to
demolish were solicited on November 18, 1996 and the contract(s) will be awarded
to the following lowest responsible bidder(s):
ADDRESS/OWNER CONTRACTOR/AMOUNT OF BID
Aggregate Bid
96 Archie
City of Buffalo GREAT LAKES CONTRACTING CORP
$ 4,400.00
371-373 BROADWAY GREAT LAKES CONTRACTING CORP
City of Buffalo $3,700.00
26 DAVIS GREAT LAKES CONTRACTING CORP
City of Buffalo $4,400.00
97 MORTIMER GREAT LAKES CONTRACTING CORP
City of Buffalo$ 4,400.00
254 PECKHAM GREAT LAKES CONTRACTING CORP
City of Buffalo $6,100.00
193 SHUMWAY GREAT LAKES CONTRACTING CORP
City of Buffalo $5,100.00
370 SHERMAN GREAT LAKES CONTRACTING CORP
City of Buffalo$5,100.00
299 SYCAMORE GREAT LAKES CONTRACTING CORP
City of Buffalo $ 4,400.00
$ 37,600.(X) Total Aggregate Bid
Please be further advised that the sewer and water services will be
terminated by the demolition contractor and this cost is included in the cost of
the project.
We, therefore, respectfully request that upon approval by your Honorable
Body, that the cost of the project be charged to the CAPITAL PROJECTS FUND
#200-241-003-00000.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 45
Report of Emergency Demolition 26 Kosciuszko, etc
Due to the very serious and hazardous condition(s) of the building(s)
located at the below stated property(ies), inspections were conducted by this
department and it was determined that immediate demolition was necessary due to
(1) the structural condition of the building(s) and/or (2) the resulting
dangerous and hazardous condition which exists at this(these) location(s), i.e.,
in accordance with the guidelines outlined in Chapter 113 of the Ordinances of
the City of Buffalo. Please be advised, therefore, that offers to demolish were
solicited on November 18, 1996 and the contract(s) will be awarded to the
Page 20
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following lowest responsible bidder(s):
ADDRESS/OWNERCONTRACTOR/AMOUNT of BID
Aggregate Bid
26 KOSCIUSZKO Youngs Auto & House Wrecking
City of Buffalo$ 4,297,00
55 REEDYoung's Auto & House Wrecking
City of Buffalo $ 4,666.00
311 ROTHERYoungs Auto & House Wrecking
City of Buffalo $ 4,876.00
$ 13,849.00 Total Aggregate Bid
Please be further advised that the sewer and water services will be
terminated by the demolition
contractor and this cost is included in the cost of the project.
We, therefore, respectfully request that upon approval by your Honorable
Body, that the cost of the project be charged to the CAPITAL PROJECTS FUND
#200-241-003 -00000.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 46
Report of Emergency Demolition Bid 116 SCHUELE , etc
Due to the very serious and hazardous condition(s) of the building(s)
located at the below stated
property(ies), inspections were conducted by this department and it was
determined that immediate
demolition was necessary due to (1) the structural condition of the building(s)
and/or (2) the resulting dangerous and hazardous condition which exist at
this(these) location(s), i.e., in accordance with the guidelines outlined in
Chapter 113 of the ordinances of the City of Buffalo. Please be advised,
therefore, that offers to demolish were solicited on November 18, 1996 and the
contract(s) will be awarded to the following lowest responsible bidder(s):
ADDRESS/OWNER CONTRACTOR/ AMT. OF BID
Aggregate Bid
116 SCHUELE, garage only Youngs Auto & House Wrecking
City of Buffalo$400.00
770 NORTHAMPTONYoung's Auto &House Wrecking
City of Buffalo$ 4,816.00
229 BOX & garageYoung's Auto & House Wrecking
City of Buffalo$ 4,873.00
351 BOXYoung's Auto & House Wrecking
City of Buffalo$ 4,673.00
139 DOAT & garageYoung's Auto & House Wrecking
City of Buffalo$ 6,956.00
$21,615.00 Total Aggregate Bid
Please be further advised that the sewer and water services will be
terminated by the demolition contractor and this cost is included in the cost of
the project.
We, therefore, respectfully request that upon approval by your Honorable
Body, that the cost of the project be charged to the CAPITAL PROJECTS FUND
-#200-241-003-00000.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 47
Report of Emergency Demolition Bid 68 UTICA EAST, etc
Due to the very serious and hazardous condition(s) of the building(s)
located at the below stated property(ies), inspections were conducted by this
department and it was determined that immediate demolition was necessary due to
(1) the structural condition of the building(s) and/or (2) the resulting
dangerous and hazardous condition which exists at this(these) location(s), i.e.,
in accordance with the guidelines outlined in Chapter 113 of the Ordinances of
the City of Buffalo. Please be advised, therefore, that offers to demolish were
solicited on November 18, 1996 and the contract(s) win be awarded to the
following lowest responsible bidder(s):
ADDRESS/OWNER CONTRACTOR/AMOUNT of BID
Page 21
96-1223.txt
Aggregate Bid
68 UTICA EASTGREAT LAKES CONTRACTING CORP
City of Buffalo$ 9,000.00
19 GARNER & garage GREAT LAKES CONTRACTING CORP
City of Buffalo$ 5,100.00
371 VERMONTGREAT LAKES CONTRACTING CORP
City of Buffalo$ 5,100.00
169 WESTGREAT LAKES CONTRACTING CORP
City of Buffalo$ 6,000.00
$ 25,200.00 Total Aggregate Bid
Please be further advised that the sewer and water services will be
terminated by the demolition contractor and this cost is included in the cost
of the project.
We, therefore, respectfully request that upon approval by your Honorable
Body, that the cost of the project be charged to the CAPITAL PROJECTS FUND
#200-241-003 -00000.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 48
Restaurant Dancing Class IV 884 Main
Pursuant to Chapter 150 of the City of Buffalo ordinances, please
be advised that I have examined the attached application for Restaurant Dancing
Class IV located at 884 Main and find that as to form it is correct. I have
caused an investigation into the premises for which said application for
Restaurant Dancing Class IV is being sought and according to the attached
reports from the Fire Department and the Building Inspector, I find it complies
with all regulations and other applicable laws. I have caused an investigation
by the Police Department into the moral character of Anthony Trusso. The report
from the Police Department recommending approval is attached hereto for Anthony
Trusso, d/b/a Roxy's Buffalo, Inc. This request is submitted for your
consideration and whatever action you deem appropriate.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 49
Accept and Assign Environmental
Protection Fund Grant
New York State has awarded the City of Buffalo a $100,000 matching
grant under Title 11 of the Environmental Protection Fund. Grant proceeds will
fund design for redeveloping the Niagara Frontier Transportation Authority
(NFTA) owned DL&W Terminal into a waterfront access center at the foot of Main
Street. The NFTA will provide all local match for the project.
We request your Honorable Body approve an appropriate resolution
authorizing acceptance of the grant by the City, authorizing the Mayor to
execute project agreements with the State, and further authorizing the Mayor to
execute an agreement assigning the project agreement and grant proceeds to t he
NFTA.
Your resolution should also direct the City Comptroller to establish an
appropriate account for receipt of said funds, and further direct the City
Comptroller and City Treasurer to transfer grant proceeds to the NFTA to pay
project expenses pursuant to the project agreement.
Mrs. LoTempio moved:
That the communication from the Commissioner of Community Development
dated December 17, 1996 be received and filed; and
That the Commissioner of Community Development be, and he hereby is
authorized to accept the $100,000 grant under Title 11 of the Environmental
Protection Fund for redeveloping the Niagara Frontier Transportation Authority;
that the Mayor be authorized to execute project agreements with the State, and
to execute an agreement assigning the project agreement and grant proceeds to
the NFTA and also authorizes the Comptroller to establish an appropriate account
for receipt of said funds and further direct the Comptroller and City Treasurer
to transfer grant proceeds to the NFTA to pay project expenses pursuant to the
project agreement.
PASSED.
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AYES - 13 NOES - 0.
No. 50
4th Street Hazardous Waste Site
See Attached Letter form Michael L. McCarthy, General Counsel
for the Buffalo Urban Renewal Agency.
REFERRED TO THE COMMITTEE ON EDUCATION.
FROM THE COMMISSIONER OF STREET SANITATION
No. 51
Request to Purchase Scrap Engine
The Department of Street Sanitation has a scrapped John Deere
engine in its scrap pile. The scrap value of this engine is $65.00 per ton.
The engine is approximately 500 pounds. Mr. Peter Rose, my Deputy
Commissioner, is willing to pay $100.00 for this engine.
Can we have the Council's approval to this request?
REFERRED TO THE COMMITTEE ON FINANCE AND COMMISSIONER OF GENERAL SERVICES.
FROM THE COMMISSIONER OF ADMINISTRATION AND FINANCE
No. 52
Appoint-Administrative Director
I hereby appoint Gladys Herndon, 24 Huntington Ave, Buffalo NY
14214 to the position of Administrative Director, exempt, Division of Civil
service Commission effective Dec. 11, 1996 at the flat salary of $37,209.00
RECEIVED AND FILED
No. 53
Status Report on the Bureau of Administrative Adjudication
The Bureau of Administrative Adjudication has encountered a variety
of obstacles within the past year but has overcome most of them and continues to
improve and expand its procedures and functions. Attached you will find a chart
listing the number of summonses written by each department, the number of
hearings held (and pending) from January 1, 1996 to December 4, 1996. The chart
also compares the 1996 figures to 1995 figures. Listed below are issues the
Bureau has addressed and will address in the future.
STREET SANITATION DEPARTMENT
Illegal dumping and non-compliance with street sanitation ordinances
continues to be a problem throughout the City. However, the Bureau improved the
existing system, I.e., enforcement of street sanitation ordinances and
adjudication of violators, and made the system more effective and efficient.
Presently, there are approximately fourteen street sanitation foremen and two
administrative adjudication officers writing street sanitation summonses.
Examples of violations cited are: illegal dumping, excessive bulk trash, garbage
not property enclosed, and garbage out twelve hours ahead of collection. Not
only does the Bureau adjudicate violators and issue summonses, it also handles
individual complaints, approximately five hundred (500) since the beginning of
the year. An adjudication officer is sent within 24 hours after the complaint
is received to investigate and issue a summons, if warranted. Furthermore, the
Bureau has issued summonses for violations referred to us by Street Sanitation
Department because they were unable to respond to all the complaint calls. In
addition to referrals from Street Sanitation Department, the Mayor's Impact Team
has referred matters to the Bureau.
In 1996, there have been thirty-five (35) illegal dumping summonses issued
by the Bureau, Street Sanitation Department, Police Department and Mayor's
Impact Team. The Bureau has held twenty-two (22) illegal dumping hearings this
year as compared to two (2) in 1995. As noted, several departments as well as
city residents have cooperated in apprehending and prosecuting the violators
charged with illegal dumping. Moreover, the Bureau, in cooperation with the Law
Department and Common Council, amended the City's illegal dumping ordinance to
make it easier to apprehend the violators. Now, an eyewitness to the dumping can
get the license plate number of the vehicle involved in the dumping and the
Page 23
96-1223.txt
owner, operator, registrant and any occupants of the vehicle involved shall be
jointly and severally liable for the illegal dumping. Previously, the ordinance
only charged the individual actually caught dumping illegally.
Recently, the Common Council adopted a resolution transferring the duty of
enforcing numbering of building from the City Engineer to the Bureau, Chapter
109 Section 109-3 of the Code of the City of Buffalo. An ordinance amendment
designating a fine schedule will be prepared by the Bureau and submitted to the
Common Council in the near future. It is anticipated that enforcing the
ordinance will make it easier for building inspectors, street sanitation
foremen, police officers and adjudication officers to properly identify
buildings in violation of city ordinances and correctly cite those buildings.
COLLECTIONS DIVISION
The Bureau in conjunction with the Collections Division developed a
collection system for past due street sanitation summonses dating back to 1998.
Before this system was established, if a violator did not pay a street
sanitation summons, nothing happened and the outstanding account was filed away.
In September 1996, three thousand five hundred ninety-four (3,594) backlog
letters were sent out, the amount owed to the City being approximately $525,000.
To date, one hundred ninety-three (193) summonses have been paid, totaling
seven thousand nine hundred seventy-three dollars ($7,973.00). On December 16,
the balance of the outstanding accounts were referred to FCA, the collection
agency under contract with the City. Collections notices are now sent out on a
regular basis, i.e., ninety (90) days after the violation date. If the account
is not paid within twenty (20) days, it is transferred to the collection agency.
Presently, the Bureau is discussing referring past due accounts to the City
Marshal's office for collection. These referrals would be made instead of or in
conjunction with referring the accounts to the collection agency. The City
Marshal has a wide variety of enforcement options available that are not
available to the Collections Division or the
FIRE DEPARTMENTSince May of this year, the Fire Prevention Bureau has been
able to issue fire ordinance summonses that are adjudicated at the Bureau.
Examples of violations cited are: no sprinklers in basement, no smoke alarms,
improper storage of combustible materials and fire safety equipment. Although
the Fire Prevention Bureau has not issued many summonses, it has used the threat
of issuing a summons as a tool for gaining compliance.
DIVISION OF INSPECTIONS, LICENSES AND PERMITS
License Office
Since June of this year, the License Office has issued license ordinance
summonses that are adjudicated at the Bureau. Examples of violations cited are:
restaurant license, pay telephone license, and sidewalk cafes. There have been
approximately two hundred thirty-two (232) license summonses issued.
Additionally, one of the Bureau's adjudication officers has been assigned to
work nights and weekends.
Housing Inspections
On September 26, 1996, building inspectors were given ordinance violation
summons books. Example of violations cited are "nuisance" violations such as,
tall grass and weeds, garbage and debris on private property, abandoned and junk
vehicles, rodent harborage, maintenance of open areas, and inadequate sanitary
facilities. Unlike violations that are written for Buffalo City Housing Court,
which may take three months to be heard, violations cited with adjudication
summonses can be heard within two weeks, if a hearing is requested. This speed
makes violators more accountable sooner and heightens effectiveness. To date,
there have been two hundred nineteen (219) summonses written. There is a
meeting scheduled next week with the Inspections Division to arrange a system
whereby a violator, who has been issued an adjudication summons and has neither
compiled with the summons nor corrected the violation, will be immediately
written for Housing Court.
POLICE DEPARTMENT
Currently, approximately eight (8) police officers have been given street
sanitation summons books to write summonses. The police officers will be able
to write summonses that other writers find difficult to write, e.g., snowplowing
without a license, snowplowing into the City's right-of-way. Police should be
more successful at writing these types of violations because of their ability to
Page 24
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stop snowplow drivers on the street.
Additionally, the Bureau has been working with Dr. Pamela Chief Pelletier
and Inspector Brill to design an ordinance summons book especially for police
officers. A survey of officers was conducted to determine what they see as
ordinance violations that city residents complain about and whether these
complaints could be addressed by using adjudication summonses. One ordinance
violation summons that the police will write and that was recently passed by the
Common Council was a noise ordinance and fine schedule. Inspector Brill stated
that this year the Police Department had over eight thousand (8,000) complaint
calls regarding noise. It appears that once the summons books are available for
the police, one district will start writing as a pilot project. This will
address any potential problems that may exist in the system.
Avoidable Alarms
An ordinance amendment was passed in April that enable the Bureau to hear
fee disputes for an alarm owner who has had more than three avoidable alarms.
Notices started going out on May 22, 1996. The amount billed has been
approximately $115,800.00 and the total amount paid has been $14,050.00. To date
the Bureau has adjudicated over eight hundred ninety-eight (898) incidents. The
Police Department has stated that there has been a decrease in the number of
false alarms since the enforcement and adjudication of the ordinance. The
Police Department, License Office, Data Processing Division and the Bureau are
still in the process of working out some of the problems with the system.
If you have any questions, we would be glad to discuss this further.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 54
Resident Contract with Private Firm
Garbage Collection
Item No. 244, C.C.P. 11/26/96
In response to your request for information regarding the past
5 years of "write-ups" of employees in the Streets Department.
Please be informed that this division has record of only formal
disciplinary actions that produce charges, specifications, and, sometimes a
hearing. Also please note that this information is filed chronologically by the
employee's name, not by department.
If, this is, in fact the type of information you are interested in, I will
make every effort to provide it, but it will be time consuming.
I am also forwarding your request to Vincent J. LoVallo, Commissioner of
Streets, in that he may have records of less formal "write-ups".
REFERRED TO THE COMMITTEE ON FINANCE.
FROM THE COMMISSIONER OF HUMAN SERVICES, PARKS AND RECREATION
No. 55
Vacancies- Citizens Funding Review Committee
The Citizens Funding Review Committee was established to make
recommendations for Grant-in-Aid funding for human services agencies. For the
last four years the committee has not made recommendations due to the inability
to Convene a meeting of committee members.
Applications for Grant-in-Aid proposals will be mailed to community groups
soon with requests due in the City Budget Office by February 1, 1997. Committee
review of these proposals should begin immediately after this date.
Attached please find a listing of committee positions showing that all of
the thirteen positions are currently vacant.
If you elect to fill any of the six (6) vacancies, please notify this
office immediately so that we may prepare for the review process. If at lease
half of the positions are not filled I will not anticipate the possibility of
convening a meeting of this committee.
If you have any questions, please feel free to contact me at extension 401
1.
REFERRED TO THE COUNCIL PRESIDENT.
No. 56
Page 25
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Permission to trade-in vehicles
I am writing to request permission to trade-in the following vehicles
for a new stump grinder and chipper.
PK36EQ 1985 Vermeer Stump Grinder ID # IVRC191HOF1000716
PK 8909 - 1989 Asphlund Chipper ID# JEY213 39BK
Your anticipated cooperation in this matter is appreciated.
Mrs. LoTempio moved:
That the communication from the Department of Human Services, Parks &
Recreation dated December 13, 1996, be received and filed; and
That the Commissioner of Human Services, Parks & Recreation, be and he
hereby is, authorized to trade-in the following equipment for a new stump
grinder and chipper:
1.PK36EQ 1985 Vermeer Stump Grinder ID #IVRC191HOF1000716
2.PK 8909 - 1989 Asphlund Chipper ID #JEY21339BK
PASSED.
AYES - 13 NOES - 0.
FROM THE BUFFALO MUNICIPAL HOUSING AUTHORITY
No. 58
Memorandum OF Agreement
MANAGERIAL UNIT CONTRACT
On August 28, 1996 we submitted the Memoranda of Agreement between
the Buffalo Municipal Housing Authority and Local 264, White, Blue & Managerial
Units for your approval.
Our original submission omitted the first page of the Managerial Unit
contract. Attached please find a completed copy for your records.
I apologize for any inconvenience this may have caused.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
No. 58
Approval of Memorandum of Agreement between
BMHA and Local 71, representing Heating Plant Personnel.
We respectfully request that your Honorable Body consider and
approve the attached Memorandum of Agreement between the BMHA and Local 7 1,
l.U.O.E., representing Heating Plant Personnel of the Buffalo Municipal Housing
Authority.
The Memorandum of Agreement amends the existing contract between the
parties and provides a successor Agreement for the period July 1, 1995 through
June 30, 1988. Acceptance of the Contracts was reached after a prolonged period
of negotiations between the parties.
Terms of the Agreement are within the parameters of the Memoranda of
Agreements recently approved for approximately 350 BMHA employees represented by
Local 264 and the City of Buffalo's labor agreement representing City Blue
Collar Unit employees.
The Agreement reflects a zero increase in salary effective July 1, 1995, a
lump sum distribution and a 3% (,three percent) increase in base salary
effective July 1, 1996, and 3% increase in base salary effective July 1, 1997.
The Board of Commissioners of the Authority approved the attached
Memorandum of Agreement at their regular Board Meeting of November 21, 1996. A
certified extract of the minutes of this meeting is attached.
In addition to the wage adjustments, the following are the highlights of
the Agreement:
Medical Insurance - change the core coverage from Blue Cross/Blue Shield to
Independent Health Gold with dependent rider to age 23 at no cost to employees
hired prior to January 1, 1997. Employees hired after January 1, 1997 will
contribute $40 per month for family coverage and $20 per month for single
coverage. Employees electing an alternate medical plan pay the difference in
premiums.
Dental Insurance - Upgrade GHI dental coverage to GHI Preferred Plan with I 00%
prosthetics.
Flexible Spending Account - Establish a non-refundable flexible spending
account.
Page 26
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Automobile Allowance - Change method of reimbursement for use of personal
vehicles from a daily rate to the mileage based on the IRS rate.
Work Clothing and Safety Shoes - Provide an allowance for work clothing and
safety shoes in the amount of $100 per contract year.
Performance Review - Implement annual performance evaluation for permanent
employees.
Drug and Alcohol Testing - Implement policy including drug and alcohol testing
for represented employees for reasonable suspicion.
If this Memorandum of Agreement is approved by your Honorable Body and the
Mayor, it must then be submitted to the U.S. Department of Housing and Urban
Renewal for their consideration and concurrence.
The New York State Division of Housing and Community Renewal requires that
your approval of these items include a specific acknowledgment at the operating
costs of the Authority's State sponsored Public Housing Program, may incur
increases that the City of Buffalo under the loan and subsidy contract must fund
in addition to any deficit the Authority may incur in its State sponsored
operation.
It is anticipated that the net dollar costs of this Agreement and salary
schedule for approximately 36 BMHA employees would total approximately $91,421
for three years. The share of this cost to the City for the three year period
will total approximately $13,84 1.
Thank you for your consideration in this matter.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
FROM THE BUFFALO SEWER AUTHORITY
No. 59
K. Helfer -"Deployment of Sewer Maint. Emp./to Streets"
(#63, C.C.P. Oct. 1, 1996)
Pursuant to your correspondence dated December 13, 1996, at this
time the status of negotiations between C.W.A. Local 1186 and Buffalo Sewer
Authority management continues. The current contract is still in effect.
RECEIVED AND FILED.
FROM THE BUFFALO URBAN RENEWAL AGENCY
No. 60
It is my understanding, following our meeting of December 10,
1996, that we have until December 30,1996 to respond to Mr. Ryan's certified
letter of November 26, 1996. Further,youinformedmethatyouhadnotreceiveda
response to your letter of November 22,1996.
Allow me first to apologize for my failure to answer your letter of
November 22,1996. My initial impression, and my current review of that letter
does not lead me to the conclusion that a response was requested. Again, if I
misunderstood, I apologize. To respond to that letter, please be advised that
we will weigh the access to the BURA property against the Department of Health's
conclusion that there is no current health danger. In fight of these factors,
we win take appropriate action.
I had informed the official under whom our BURA site crew labored, that
the situation with- the uprooted tree should be rectified. I understand that the
tree has been removed, but that the resultant hole has not been backfilled. I
will request that the site crew be ordered to immediately fill the hole.
Finally, I note your request for any and all additional environmental data
from BURA's files with regard to the above site. While I know of the existence
of no other files, I will request staff to search again for any such material.
Should we find anything, we will forward it to you.
I again apologize for the misunderstanding and the resulting delay in my
response to your letter.
REFERRED TO THE COMMITTEE ON EDUCATION
FROM THE CITY CLERK
No. 61
Page 27
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Use Permit - 520 Seventh St.
Attached please find correspondence filed in this office regarding
the above matter.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 62
Liquor License Applications
Attached hereto are communications from persons applying for liquor
licenses from the Erie County Alcohol Beverage Control Board.
AddressBusiness NameOwners Name
2160 Seneca St.---Theodore J. Coffey
Buffalo, NY
140 Allen St.Megan-Bflo. Inc.Patrick J. Kelleher
Buffalo, NY 14202
RECEIVED AND FILED.
No. 63
Leaves of Absence Without Pay
I transmit herewith notifications received by me, reporting the
granting of the leaves of absence without pay, in the various departments as
listed:
Public Works- Rodney Martz
Police- Charles Beuchat, Kate Galley, Bradford Pitts
Street Sanitation-Sean Carney
RECEIVED AND FILED.
No. 64
Reports of Attendance
I transmit herewith communications received by me, from the various
boards, commissions, agencies and authorities reporting the membership
attendance at their respective meetings:
Board of Stadium and Auditorium
Buffalo Sewer Authority
City Planning Board
RECEIVED AND FILED.
No. 65
Notices of Appointments - Seasonal/Flat
I transmit herewith certificates received by me, reporting seasonal
and flat salary appointments made in various departments.
RECEIVED AND FILED.
AYES - COPPOLA, CZAJKA, FRANCZYK, GRAY, HELFER, KAVANAUGH, LOCKWOOD, LOTEMPIO,
PITTS, QUINTANA, WILLIAMS, ZUCHLEWSKI - 12.
NOES - BROWN - 1.
DEPARTMENT OF PUBLIC WORKS
Appointment Effective December 16, 1996 in the Department of Public
Works, Division of water to the Position of Clerk, seasonal, at the flat
starting salary of $5.20/hr Jennifer A. Lafferty, 20 Columbus Avenue, Buffalo
14220
Appointment Effective December 18, 1996 in the Department of Public Works
Division of Water, to the position of Account Clerk, Temporary, at the flat
starting salary of $5.46/hr Helen A. Miranda, 7 Susan Lane, Buffalo 14220
Appointment Effective December 16, 1996 in the Department of Public Works,
Division of Water to the Position of Water Service Worker, Seasonal, at the flat
starting salary of $6.26/hr Philip E. Frederick, 80 Avery Ave., Buffalo 14216
Appointment Effective December 17, 1996 in the Department of Public Works
Division of Water, to the Position of Water Service Worker, Seasonal, at the
flat starting salary of $6.26/hr. Gary A. Moore, 18 Lakeview Ave., Apt. 3,
Buffalo 14201
Appointment Effective December 6, 1996 in the Department of Public Works,
Division of Buildings, to the Position of Second Class Stationary Engineer
Temporary, at the flat starting salary of $ 5.63. James A. Delmont, 106 Hartwell
Road, Buffalo 14216
Page 28
96-1223.txt
Appointment Effective December 6, 1996 in the Department of Public Works
Division of Buildings, to the Position of Senior First Class Stationary
Engineer, Temporary, at the Flat Starting Salary of $7.33.
William J. Collins Jr., 343 Newburgh Avenue, Buffalo 14215
Daniel J. Schamann, 49 Hammerschmidt, Buffalo 14210
Andrew J. Moffett, 258 Abbott Road, Buffalo 14220
Appointment Effective December 9, 1996 in the Department of Public Works,
Division of Water to the Position of Clerk, Seasonal, at the flat starting
salary of $5.20 Susan Nowak, 48 Jones Street, Buffalo 14206
DEPARTMENT OF POLICE
Appointment Effective December 10, 1996 in the Department of Police
to the Position of Civilian School Crossing Guard, Temporary, at the Minimum
Starting Salary of $6.09.
Christie Pullo, 439 Busti Avenue, Buffalo, New York 14201
Dana Masecchia, 407 Colvin Avenue, Buffalo, New York 14216
Kim Benintende, 707 Columbus Pkwy., Buffalo, NY 14213
DEPARTMENT OF STREET SANITATION
Appointment effective December 16, 1996 in the Department of Street
Sanitation, to the position of Laborer II, Seasonal, at the Flat Starting Salary
of $6.92
Peter Aramini, 351 Gold St., Buffalo, NY 14206
Charles Cirringione, 62 Alden Ave, Buffalo, NY 14216
William Coke 18 Gibson St., Buffalo, NY 14206
Charles A. Guagliano, 181 Congress St., Buffalo, NY 14213
Gerald McClinton, 169 Landon St, Buffalo, NY 14208
Michael J. Moran, 232 Ideal Street, Buffalo, NY 14206
Michael Sacilowski, 161 Weiss Street, Buffalo, NY 14206
Jules Stover, 371 Watson, Apt 18, Buffalo, NY 14206
Francis Tobin, 427 Fargo Avenue, Buffalo, NY 14213
Leonard P. Wachowski, 1310 Bailey Avenue, Buffalo, NY 14206
Pedro A. Millan, 33 Lafayette Avenue, Buffalo, New York 14213
DEPARTMENT OF ADMINISTRATION & FINANCE
Appointment Effective December 30, 1996 in the Department of
Administration
and Finance Division of Parking Enforcement, to the Position of Parking
Enforcement Officer Temporary, at the Flat Starting Salary of $ 6.22. Alfred
Jaycox Jr., 17 Barry Place, Buffalo 14213
Appointment Effective December 9, 1996 in the Department of Administration
and Finance Division of Labor Relations, to the Position of Clerk, Seasonal at
the Flat Starting Salary of $ 5.20 hr. Diane Lemanski, 126 Peabody Street,
Buffalo, NY 14210
DEPARTMENT OF GENERAL SERVICES
Appointment Effective Dec. 10, 1996 in the Department of General
Services, Division of Inventory & Stores to the Position Of Laborer II,
Seasonal, at the Flat Starting Salary of $6.92.
Jesus D. Acosta, 309 Fargo Ave., Buffalo New York 14213
Eric Haynes, 202 S. Division St Apt. 804, Buffalo NY 14204
No. 66
Appointments - Temporary, Provisional or Permanent
I transmit herewith Appointments in the various departments made
at the Minimum (Temporary, Provisional or Permanent) and for Appointments at the
Maximum (as per contract requirements) .
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
DEPARTMENT OF POLICE
Appointment Effective December 16, 1996 in the Department of Police,
to the Position of Police Lieutenant, Permanent, at the Flat Starting Salary of
$49,769.
Steven R. Malkowski, 57 Abbottsford, Buffalo, New York 14213
Michael Schuta, 1059 Abbott Road, Buffalo, New York 14220
Jose Rodriguez, 65 Roma, Buffalo, New York 14215
Daniel A. Burke, 102 Whitfield, Buffalo, New York 14220
David E. Wilcox, Jr., 12400 Rapids Road, Akron, NY 14001
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Carl A. Terranova, 49 Altair, Getzville, New York 14068
Ralph S. Zangara III, 10349 Tillman Road, Clarence, NY 14031
Appointment Effective December 16,1996 in the Department of Police to the
Position of Police Lieutenant, Contingent Permanent, at the Flat Starting Salary
of $ 49,769.
Phyllis A. Ostrowski, 222 Audubon Drive, Snyder, NY 14226
Neil D. Shropshire, 628 Norfolk, Buffalo, New York 14215
Brian S. Strobele, 135 Longnecker, Buffalo, New York 14206
Michael Kaska, 122 Crownland Circle, West Seneca, NY 14224
Karen L. Healy, 43 Old Post Road, Lancaster, New York 14086
DEPARTMENT OF PUBLIC WORKS
Appointment Effective 12-19-96 in the Department of Public Works,
Division of Engineering to the position of Junior Engineer, Permanent, at the
Minimum Starting Salary of $ 27,731.00. Joseph J. Poltorak, 106 Delsan Court,
Buffalo, NY 14216
DEPARTMENT OF ADMINISTRATION AND FINANCE
Appointment effective 12-23-96, in the Department of Administration
& Finance, Division of Parking Enforcement to the position of Junior Traffic
Clerk, Permanent, at the starting salary of $20,215. Christa Colangelo, 155 S.
Legion Dr., Buffalo, New York 14220.
NON-OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES
NON-OFFICIAL COMMUNICATIONS
No. 67
F. BAKER
Canadiana ISTEA Award
We are attaching a copy of the answer we received from the State
D.O.T. dated November 20, 1996, regarding the Canadiana ISTEA award.
They are not going to make this easy. They make no effort to answer our
questions on their need to cancel the ISTEA award. They only relate to things we
have complied with and requirements that we fulfilled. The letter has wording
such as "involved' (eligibility for the register), but not "required". None of
it means the Canadiana cannot be funded. One would certainly expect that IF
there were laws, codes, regulations, or so on, that they would be nice enough to
point them out.
The letter goes on that the D.O.T. will hold the funds until January 2
1998 so that we have a chance to work with SHPO and get on the Register. This
appears to be an effort, on their part, to seem "helpful" but will only serve to
lead us down a blind alley and waste our time. Just for the record; we asked
SHPO about this once more and their 12/4/96 negative response is attached. We
have four months, from the date we signed for their letter, to take them to
court. That is the time frame we are interested in.
We want to avoid litigation. The whole idea that people are trying to
stop this project is insane. For all the benefits it will bring to the City of
Buffalo and the people of W.N.Y., it must succeed. Regarding our present appeal
to the Common Council, we would like to reiterate; the D.O.T. wants to take this
half million dollar investment away from Buffalo. They want to give it away,
down state, to projects which did not rate in the first place. They will in
effect, be burning the money. Mr. Russell states as much in his original letter
of October 3, 1996 to the Mayor.
We ask that the Common Council not accept a simple statement that the
D.O.T. can, more or less, do as they please. Ask them to explain the reasons
for trying to remove funding from our area where it can do so much good; as
determined by their own review board. Ask them to identify regulations,
sections, etc. that are applicable. Ask them to explain why they are going
against the goals of ISTEA. ISTEA looks for projects that are "non-traditional"
and those which would not normally be funded.
How does D.O.T. come to feel it can impose what they imply are
"traditional" methods. Are certain individuals simply attempting to destroy the
Canadiana; what will soon be seen as a tragedy beyond words?
FYI. I have a copy of a report that Mr. Giambra presented to the Common
Council. In it he indicates that Mr. Russell accuses us of misrepresenting
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ourselves in our ISTEA application. That is absolutely not true and Mr. Russell
knows it. There is not a single reference to either the State or National
Historic Register in our entire 79 page ISTEA application nor is there mention
of the Canadiana's status in regard to the Registers. Is this what they must do
to discredit us? This is the stuff National TV News programs are made of.
Please make every effort necessary and possible to prevent the State
D.O.T. from removing these funds. Thank you, as always, for your vision and
wisdom.
RECEIVED AND FILED.
No. 68
S. MANKA
Complaint-Sign Permit Fees
As you know my wife and I own a business in the City of Buffalo.
We recently spent much time, effort and expense in rebuilding this business
after a tragic fire destroyed it. The decision was made to rebuild the business
in The City of Buffalo, as opposed to just outside the city in West Seneca,
because of my strong ties to South Buffalo. However, in order to keep the
business profitable we need your help.
In the course of operating this business, we have occasion to rent a
portable, lighted sign which I place on my property to increase my business.
Ordinarily this would not be a problem. However, I have been informed by the
City of Buffalo that in the future if this sign is to be placed I must obtain a
permit for said sign even though it is on my property. For your information,
the sign is a standard size sign approximately 3 ft. by 6 ft., which is brought
in by a sign company. The cost of the sign for a thirty day period (this sign
is never exhibited longer than 30 days) is $129.00.
Upon contacting the city permit department, in order to obtain more
information regarding displaying this sign and the permits, I was informed that
the cost of the permit for such a sign is over $100 and that fee allows you to
display the sign for 60 days. At the end of the 60 days the sign must be
removed and the permit is terminated. By comparison, I contacted the Town of
Amherst which has a large commercial base similar to the City of Buffalo and
their fee for a sign is $45.00, $20.00 of which is refundable if the sign is
removed in the specified time. Therefore, the net cost of a permit there is
$25.00, a fee I feel is much more reasonable. This letter is to ask you to
please contact the appropriate officials in the City to reconsider this harsh
permit fee.
The effect of the $100 plus permit fee is that I will no longer place a
sign on my property. I cannot afford to do so. The overall effect to the City
of Buffalo is that I am going to loose business, the city will get no permit fee
whatsoever and also it is going to have an adverse effect on the sign company in
that my revenue is no longer going to be added to their gross sales because I am
not going to rent a sign anymore. This letter is being written because the sign
does help our business and is needed. Also, the sign is totally on my property
and does not interfere with any city walkways or things of that nature.
This excessive fee is overly burdensome and should be reviewed as such.
Some possible recommendations are either a $100.00 fee for the entire year which
would allow you to place a sign for 30 days, remove it and put it up for
subsequent 30 day periods with no consecutive 30 day periods allowed, a flat $25
fee or no fee at all if the sign is placed on the owners property for a period
less than 30 days.
Lastly, please bear in mind that the inspection of these signs by the
inspector only consists of the inspector viewing the sign to insure that it is
plugged into a ground fault interrupter switch and that it is not obstructing
any pedestrian or other traffic. There are no special requirement or repeated
inspections necessary which would warrant a higher permit fee.
Thank you for your consideration of this and please do not hesitate to
contact me if you have any questions.
REFERRED TO THE COMMITTEE ON FINANCE AND THE COMMISSIONER OF COMMUNITY
DEVELOPMENT.
No. 69
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L. MATTELIANO
Resignation from CAC
I have enjoyed my involvement with the CAC in the past. However,
for many reasons I must tender my resignation as a member of the committee
effective immediately. I wish the committee the best of luck in the future.
RECEIVED AND FILED.
No. 70
NYS DEPARTMENT OF ENVIRONMENTAL CONSERVATION
Haz. Fourth Street Site #915165
This office is in receipt of your resolution entitled "Fourth
Street Hazardous Waste Site" item # 208, C.C.P. December 10, 1996. This
resolution asks the Department of Environmental Conservation to keep the Common
Council apprised of new developments regarding the issue of access to the
property owned by the Buffalo Urban Renewal Agency.
In an effort to keep the Council apprised I have attached letters dated
November 22, 1996 [Doster to McCarthy] and December 11, 1996 [McCarthy to
Doster] regarding the access issue denoted in your resolution.
If there is any further information you require please feel free to
contact Mr. Jaspal Walia, P.E. of my staff at 851-7220.
REFERRED TO THE COMMITTEE ON EDUCATION.
No. 71
G. ROBINSON
Parking Problems-Children's Hospital
I would like Lo address the Common Council at the next meeting
concerning the parking problems around Children's Hospital and the position the
City holds that it is far more important to attend to a parking meter as opposed
to an emergency situation with a small child.
REFERRED TO THE COMMITTEE ON LEGISLATION THE COMMISSIONER OF ADMINISTRATION AND
FINANCE AND THE CITY PLANNING BOARD.
No. 72
ROSWELL PARK INST.
Request Temporary Stop Sign-Carlton St.
Roswell Park Cancer Institute is currently in the process of a
major modernization project. The Institute's temporary Main Entrance is located
on Carlton Street, between Elm and N. Oak Streets. This location is directly
across from the Institute's Research Studies Center Building Main Entrance.
Located inside the Research Studies Center is the Institute's Main Auditorium,
Library, Conference Rooms, Education Department, as well as several other
departments and service orientated offices.
This area of Carlton Street endures a tremendous amount of vehicular and
pedestrian traffic daily. It is the central location for patient and visitor
loading and unloading and the main thoroughfare for patients, visitors,
students, staff and volunteers.
In order to provide safety for the entire Institute environment, the
Institute Safety Committee has requested permission to install a temporary "Stop
Sign" at this location for the duration of the construction period,
approximately the Spring of 1998. The "Stop Sign" location would be of a
temporary nature to be removed when the major modernization is complete and the
new Main Entrance is moved to its permanent location at Elm and Carlton Streets.
On behalf of the entire Safety Committee, I wish to express our thanks for
our consideration in this matter.
REFERRED TO THE COMMITTEE ON LEGISLATION AND THE COMMISSIONER OF PUBLIC WORKS.
No. 73
ROSWELL PARK INST.
Roswell Park Major Modernization Program
M/WBE Minority Participation
Enclosed please find information regarding minority participation
statistics and a current project progress overview. If you have any questions
about this report do not hesitate to call our office. Thank you.
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RECEIVED AND FILED.
No. 74
R. SCOTT
Parking Meters Near Federal Bldgs.
I had the opportunity to meet with Leonard Sciolino yesterday
and he provided me with some information regarding these meters. The number of
meters involved is approximately 50 with each meter taking in at least $33.00
weekly and an average of 20-40 parking violation tickets to be generated weekly
from these 50 meters.
My computation for the year these meters have now been out of service is
as follows:
Hourly fees:
50 meters
x $33.00 weekly revenue/per meter
$ 1,650.00 weekly
x 52 weeks
$85,800.00 yearly revenue lost
Tickets:Assume 35 weekly for all 50 meters
35 Tickets
X $15.00per ticket fine (lowest amount possible)
$ 525.00weekly
52
$27,300.00 yearly lost revenue
Approximately total revenue for 50 meters yearly $113,100.00.
The Federal Government has cost the City approximately $113,100.00 in
parking revenues by bagging these meters for the last year. It appears to be
their intention to do it forever. This would mean the City will continue to
lose this substantial amount each year. If this is the case, the City should be
compensated by the Federal Government for the present value of the income stream
that it is losing. I have asked an economist to give me an approximate figure
on this and I anticipate it will be a very substantial sum.
As I indicated in my letter of May 13th, it is my intention to pursue this
matter for the benefit of our City and to expand it into a class action for all
municipalities who have also lost revenue due to this Federal action.
I would like to meet with you and the Mayor as soon as possible to discuss
the matter in more detail.
Thank you for your time and consideration.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 75
SORRENTO CHEESE CO., INC.
Notice-Filing Rezoning-Leland Dr. with County Clerk
Attached please find receipt of filing the rezoning of 21-63 Leland
Drive with the County Clerk.
RECEIVED AND FILED.
No. 76
TCI
Info-Reduction in Workforce
Tele-Communication, Inc. (TCI) today announced reductions in its
corporate and field work force throughout the company, including 19 positions
here in Buffalo.
The company has notified employees affected by these work force reductions
and is providing compensation and other benefits to them consistent with company
policies. We have worked diligently to be fair to the employees involved in the
reductions. The last day of work for these employees is December 6, 1996. This
reduction in work force will be permanent.
These changes are painful but necessary as part of our effort to evolve
towards a new operation structure that can effectively and efficiently provide
excellent information and entertainment services in a competitive environment.
We have already achieved some structural and technological efficiencies which
make possible the adjustments the Company is announcing today without
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sacrificing customer service, product quality or achievement of our goals,
If you have any questions or concerns at any time, please feel free to
contact me at 843 -8090.
REFERRED TO THE COMMITTEE ON TELECOMMUNICATIONS.
No. 77
TCI
Progress Report-Education Technology
Initiative w/Bd. of Education
Enclosed, please find a report on the progress of the technological
transformation of the Buffalo Public School System, a project spear-headed by
TCI of New York and the Superintendent of Schools. This report details the
events that have taken place within the past 60-days.
This 60-day report, reviewed by Dr. James Harris and myself, includes a
copy of Toward 2000, a long range technology plan that was prepared by the
Buffalo Public Schools' Department of Instructional Computer Services back in
1994.
Five additional copies of the 60-day report and Toward 2000 will be
forwarded to the City Clerk's office as well.
If you have any questions, please give me a call at 843-8090.
REFERRED TO THE COMMITTEE ON TELECOMMUNICATIONS.
No. 78
TONAWANDA FIRE DEPT.
Plaudits-Twin City Ambulance Service
I have been with the City of Tonawanda Fire Department for eighteen
years and during that time we have dealt with several ambulance companies. The
Twin City Ambulance Company has been one company that always stood a cut above
the rest. Their service has always been prompt, professional , courteous and
above all, caring.
I can honestly say that in my entire career, I have never had a negative
experience with this company. In fact, they have assisted our department every
time we've upgraded our Emergency Medical status.
Now that the City of Buffalo is using this service on a provisional basis,
you'll have a chance to see for yourself, what I've been writing about.
If myself or our Department can be of any service for information in this
matter, please feel free to call on us.
RECEIVED AND FILED.
No. 79
USDA
Maximizing the Ecological Benefits of
Unused Railroad Land
Resolution 187, C.C.P. July 23, 1996
On Wednesday, December 4, 1996 I spoke briefly at the City of
Buffalo Community Development Committee meeting regarding Common Council Member
David Franczyk's resolution encouraging inventory and protection of unused
railroad land and corridors for maximum ecological benefits.
As a follow-up to my oral remarks, I am hereby providing a written summary
of my comments and transmitting some other materials to help address concerns
related to greenways.
In many respects, the abandoned railroad properties through the City of
Buffalo can be viewed as part of the larger "greenway" issue. While these
corridor areas are not pristine wilderness by any stretch, natural succession is
restoring many of the old railroad grades to reasonably good wildlife habitat.
The hundreds of greenways projects under way across the country reflect
the importance communities place on maintaining and restoring pieces of the
natural environment. Greenways are about connections:
between natural spaces and human spaces
between neighborhoods
between parks and community gardens
between other natural and cultural resources
between the past and the future.
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Greenways preserve vital open space and create recreational pathways away
from roads and streets. Greenways like the unused railroad corridors provide
important habitat for songbirds and other wildlife. Communities across the
country have also found that greenways encourage neighboring property owners to
invest in landscaping and structural improvements.
Greenways bring such community benefits as:
protecting ecologically sensitive or endangered corridors (or creating new
corridors)
enhancing neighborhood quality of life, and creating a greater community "sense
of place'
easing transportation demands by providing routes for healthier, more
ecologically sensitive forms of transportation like walking and bicycling
bringing economic benefits such as increased property values and tourist
revenues at little additional public service cost
Greenways may provide additional environmental benefits by:
filtering runoff
creating visual screens
enhancing visual diversity
improving air quality
forming windbreaks and living snow fences
maintaining future mass transportation corridors preserved at low cost
Some issues and concerns need to be addressed when considering the
long-term use and management of unused rail corridors for greenways. These
include among others:
community involvement in planning
crime (see the accompanying fact sheet)
possible site contamination
maintenance
management
liability
ownership
funding
Groups like the Olmsted Parks Conservancy and the Western New York Land
Conservancy may be interested in providing planning to incorporate the unused
railroad properties into ongoing greenway planning efforts. Our office,
together with a number of other federal agencies, is working with Jim Smith in
the City's Office of the Environment to organize an "Urban Resource Partnership"
project (an LTRP flyer is also enclosed). This is the kind of project that
would be well supported by the coordinated technical and financial assistance we
are hopeful the URP will bring to Buffalo.
National Geographic produced an article about greenways in the June 1990
issue calling Greenways "paths to the future." This reference has interesting
parallels to this year's election discussion about "bridges to the future." The
article implies that our society should concern itself more with green
connections and less with asphalt, steel and concrete connections.
Thank you for the opportunity to comment on this issue. Please contact
our office if you have any questions or if you need further assistance with this
or other resource planning and soil and water conservation projects.
REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT AND THE CORPORATION COUNSEL.
PETITIONS
No. 80
B. Bell and others - Oppose use of 537 East Delevan Ave.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD
AND THE ZONING BOARD OF APPEALS.
REGULAR COMMITTEES
CIVIL SERVICE
HON. DAVID J. CZAJKA
CHAIRMAN
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No. 81
Appointment
Superintendent of Street Sanitation
That Communication 36, November 18, 1996 be received and filed
and the permanent appointment of Robert R. Battaglia stated above at the maximum
salary $35,386.00 effective on November 18, 1996 is hereby approved.
PASSED.
AYES- COPPOLA, CZAJKA, FRANCZYK, HELFER, KAVANAUGH, LOCKWOOD, LOTEMPIO, PITTS,
WILLIAMS-9.
NOES- BROWN, GRAY, QUINTANA, ZUCHLEWSKI-4.
No. 82
Appointment Heavy Equipment Operator
That Communication 37 be received and filed and the maximum appointment
of Anthony P. Gallo, Jr. stated above at the maximum salary $28,946.00 effective
on November 18, 1996 is hereby approved.
PASSED.
AYES- COPPOLA, CZAJKA, FRANCZYK, HELFER, KAVANAUGH, LOCKWOOD, LOTEMPIO, PITTS,
WILLIAMS-9.
NOES- BROWN, GRAY, QUINTANA, ZUCHLEWSKI-4.
No. 83
Appointment Truck Driver
That Communication 38, December 10, 1996 is received and filed
and the Provisional appointment of David A. Petruzzi stated above at the maximum
salary $26,691.00 effective on December 2, 1996 is hereby approved.
PASSED.
AYES- COPPOLA, CZAJKA, FRANCZYK, HELFER, KAVANAUGH, LOCKWOOD, LOTEMPIO, PITTS,
WILLIAMS - 9.
NOES- BROWN, GRAY, QUINTANA, ZUCHLEWSKI - 4.
No. 84
Appointment Truck Driver
That Communication 38, December 10, 1996 be received and filed
and the Provisional appointment of Sean F. Carney stated above at the maximum
salary $26,691.00 effective on December 2, 1996 is hereby approved.
PASSED.
AYES- COPPOLA, CZAJKA, FRANCZYK, HELFER, KAVANAUGH, LOCKWOOD, LOTEMPIO, PITTS,
WILLIAMS-9.
NOES- BROWN, GRAY, QUINTANA, ZUCHLEWSKI-4.
No. 85
Notices of Appt.-Temp/Prov/Perm (Cclk)
(Item # 53 CCP December 10. 1996)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 86
Salary Ordinance Amendment
06-Department of Administration and Finance
3-Division of Labor & Employee Relations
002-Civil Service
(Item No. 191, C.C.P., December 10, 1996)
That the Salary Ordinance Amendment as contained in Item No. 191,
C.C.P., December 10, 1996, be and the same hereby is approved.
PASSED.
AYES-13 NOES-0.
No. 87
Salary Ordinance Amendment
70 - Department of Street Sanitation
0 - Streets
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O21-Administrative Services
(Item No 192, C.C.P., Dec. 10, 1996)
That the Salary Ordinance Amendment as contained in Item No. 192,
C.C.P., December 10, 1996, be and the same hereby is approved.
PASSED.
AYES-13 NOES-0.
No. 88
Salary Ordinance Amendment
20 - Department of Police
1 - Police Administration
011 - Detective Bureau
(Item No. 193, C.C.P., Dec. 10, 1996)
That the Salary Ordinance Amendment as contained in Item No. 193,
C.C.P., December 10, 1996, be and the same hereby is approved.
PASSED.
AYES-13 NOES-0.
FINANCE
HON. DAVID FRANCZYK
CHAIRMAN
No. 89
Beneficial Homeowners Corp-Give 107 Welker to City
(Item # 128 CCP September 3, 1996)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 90
Donate 107 Welker to City (CC)
(Item # 41 CCP October 1, 1996)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 91
Report of Audit - BPO (Compt)
(Item # 8 CCP October 15, 1996)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 92
Funding Recycling Education
(Item No. 153, C.C.P., Nov. 12, 1996)
That this Common Council requests the Department of Street Sanitation
to file its plan for recycling education, including its budget for funding this
activity, by the next filing deadline of January 2, 1997.
ADOPTED.
No. 93
User Fee Charge for Eggert Road
(Item No. 228, C.C.P., Nov. 28, 1996)
That the Street Sanitation Department take the necessary measures
to clarify and correct the billing for these Eggert Road property owners; and
That these owners be notified in writing by the Street Sanitation
Department to clarify this situation.
ADOPTED.
No. 94
User Fee Charge - Eggert Rd. (A&F)
(Item # 41 CCP December 10, 1996)
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That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 95
Common Council Req. to Discuss City Solvency (Compt)
(Item # 16 CCP November 12, 1996)
That the above mentioned Item be and the same is hereby referred
to Budget.
ADOPTED.
No. 96
Compt. Rpt. on City Insolvency (A&F)
(Item # 82 CCP November 26, 1996)
That the above mentioned item be and the same is hereby referred
to Budget.
ADOPTED.
No. 97
Agreements between the Buffalo Philharmonic Orchestra and Kleinhans Music Hall
Management, Inc.
(Item No. 239, C.C.P., Nov. 26,1996)
That the above item be, and the same hereby is, returned to the
Common Council without recommendation.
Mr. Franczyk moved:
That the Common Council hereby authorizes the Buffalo Philharmonic
Orchestra and Kleinhans to charge and collect the proceeds generated from the
collection of a five percent (5%) ticket surcharge from events at Kleinhans
Music Hall during the term of the Lease Agreement; and
That the Buffalo Philharmonic Orchestra shall have the responsibility to
pay to Kleinhans Music Hall Management, Inc. the ticket surcharge proceeds from
its events at Kleinhans Music Hall during the term of the Lease Agreement as
well as the ticket surcharge proceeds from City of Buffalo Fiscal Years 1993-94,
1994-95 and 1995-96; and
That the Mayor be, and he hereby is authorized to execute and deliver the
Ticket Tax Surcharge Agreement and the Lease Agreement.
PASSED.
AYES-13. NOES-0.
No. 98
Renew Lease - Girl Scout Council
(Item No. 9, C.C.P., Dec. 10, 1996)
That the Comptroller be, and hereby is authorized to renew the
lease between the City of Buffalo and the Girl Scout Council of Buffalo and Erie
County, Inc. for the lease of Room #237 and the Engineer's Room located at
former School 29, for a five (5) year term commencing November 1, 1991 and to
expire October 31, 1996, the annual rental fee to be charged is $ 1.00 (One
Dollar); and that the Corporation Counsel be authorized to prepare the necessary
documents to renew said lease and that the Mayor be authorized to execute the
same.
PASSED.
AYES-13. NOES-0.
No. 99
Certiorari Proceedings - Thomas J. Corey
481 Delaware Avenue
(Item No. 12, C.C.P., Dec. 10, 1996)
That the Corporation Counsel be, and he hereby is authorized to
settle the 1993-94, 1994-95, 1995-96 and 1996-97 tax certiorari proceedings on
481 Delaware Avenue, Buffalo, New York, by reducing the assessment for each year
from $375,400 to $275,000.
PASSED.
AYES-13 NOES-0.
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No. 100
Certiorari Proceedings - Joan M. Kubiniec - 19 Middlesex Rd
(Item No. 13, C.C.P., Dec. 10, 1996)
That the Corporation Counsel be authorized to settle the 1993-94
tax certiorari proceeding on 19 Middlesex Road, Buffalo, New York, by reducing
the assessment from $550,000 to $425.000.
PASSED.
AYES-13 NOES-0.
No. 101
Change in Contract - Repair to City Pavements - 1996
(Item No. 16, C.C.P., Dec. 10, 1996)
That the Commissioner of Public Works be, and he hereby is, authorized
to issue change order No. 1 to Destro & Brothers, Concrete Co., Inc., changes
resulting in a net increase in the amount of $9,996.00, as more fully described
in the above communication, for work relating to the Repair to City Pavements -
1996, Group #405 - C#91851000. Funds for this project are to be charged to
Division of Engineering Capital Project Fund Account No. 200-401-507-00-000.
PASSED.
AYES-13 NOES-0.
No. 102
Change in Contract - Reconstruction of 118 East Utica Street
(Item No. 17, C.C.P., Dec. 10, 1996)
That the Commissioner of Public Works be, and he hereby is, authorized
to issue change order No. 1 to Claude Mayo Construction, changes resulting in a
net increase in the amount of $9,971.00, as more fully described in the above
communication, for work relating to the Reconstruction of 118 East Utica Street
- C#91850500. Funds for this project are to be charged to CPF 200-402-533
Division of Buildings.
PASSED.
AYES-13 NOES-0.
No. 103
Chg. Contr.- Reconst. Var. Pools (PW)
(Item # 18 CCP December 10, 1996)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 104
South Park Avenue Lift Bridge Over the Buffalo River
(Item No. 19, C.C.P., Dec. 10, 1996)
That the Commissioner of Public Works be, and he hereby is, authorized
to award a contract for the South Park Avenue Lift Bridge over the Buffalo River
for emergency repairs. Funds for this project are available in Bond Fund No.
200-401-015.
PASSED.
AYES-13 NOES-0.
LEGISLATION
HON. ALFRED T. COPPOLA
CHAIRMAN
No. 105
Retake Corp. - Petition to use 520 Seventh Street - Training Center/Warehouse
(Item No. 63, C.C.P., Dec. 10, 1996)
That after a public hearing before the Committee on Legislation
on December 17, 1996, the petition of Retake Corporation, owner, for permission
to use 520 Seventh Street for a Job Training Center and Storage for needy
families be, and hereby is approved
PASSED.
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AYES-13 NOES-0.
No. 106
Vincent Coppola - Petition to use 291 Bryant - Sit-in Restaurant
(Item No. 64, C.C.P., Dec. 10, 1996)
That after a public hearing before the Committee on Legislation
on December 17, 1996, the petition of Vincent Coppola, owner, for permission to
use 291 Bryant for a Sit-in restaurant and 5 (five) apartments be, and hereby is
approved.
PASSED.
AYES-13 NOES-0.
No. 107
Req. Info. Daniels Milling Co. (2nd Resolve)
(Item # 174 CCP April 30, 1996)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 108
J. Rejewski & O- Complaints- Conrail- N. Ogden/Reiman
(Item # 104 CCP May 28, 1996)
That the above mentioned Item be and the same is hereby received
and fired.
ADOPTED.
No. 109
Conrail- Prop. Reiman/No. Ogden
(Item # 55 CCP December 10, 1996)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 110
Barrier on Conrail ROW/-Forman
(Item # 180 CCP October 29, 1996)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 111
Barrier - Conrail ROW (Pol)
(Item # 35 CCP November 12, 1996)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 112
Update-Gun Intercept Program
(Item No.185 July 23, 1996)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 113
Info.-Removal of Promotional Signs (CC)
(Item # 40 CCP September 17, 1996)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 114
Adopt-a-lot Program
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(Item # 166 CCP October 15, 1996)
That the above mentioned Item be and the same is hereby received
and filed.
Mr. Coppola moved that the above item be recommitted to the Committee on
Legislation.
ADOPTED.
No. 115
Adopt-a-lot Program (A&F)
(Item # 62 CCP October 29, 1996)
That the above mentioned Item be and the same is hereby received
and filed.
Mr. Coppola moved that the above item be recommitted to the Committee on
Legislation.
ADOPTED.
No. 116
BEDC - Adopt-a-Lot Program
(Item # 71 CCP November 12, 1996)
That the above mentioned Item be and the same is hereby received
and filed.
Mr. Coppola moved that the above item be recommitted to the Committee on
Legislation.
ADOPTED.
No. 117
Amend Code of Ethics - City Residency
(Item # 167 CCP October 15, 1996)
That the above mentioned Item be and the same is hereby received
and filed.
Mr. Coppola moved that the above item be recommitted to the Committee on
Legislation.
ADOPTED.
No. 118
City Union Hiring Practices/Recruitment
(Item # 169 CCP October 15, 1996)
That the above mentioned Item be and the same is hereby referred
to Civil Service.
ADOPTED.
No. 119
City/Union Hiring Practices/Recruitment
(Item # 63 CCP October 29, 1996)
That the above mentioned Item be and the same is hereby referred
to Civil Service.
ADOPTED.
No. 120
W. Schwan-City/Union Hiring Practices
(Item # 82 CCP November 12, 1996)
That the above mentioned Item be and the same is hereby referred
to Civil Service.
ADOPTED.
No. 121
Local 264-City/Union Hiring/Recruitment
(Item # 113 CCP November 26, 1996)
That the above mentioned Item be and the same is hereby referred
to Civil Service.
ADOPTED.
No. 122
City/Union Hiring Practices/Recruitment (A&F)
Page 41
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(Item # 42 CCP December 10, 1996)
That the above mentioned Item be and the same is hereby referred
to Civil Service.
ADOPTED.
No. 123
Concerns- Understaffing Pcts. 6 & 12
(Item # 177 CCP October 29, 1996)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 124
Number of Police Officers on Leave
(Item # 182 CCP October 29, 1996)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 125
Number of Police Officers on Leave (Pol)
(Item # 34 CCP November 12, 1996)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 126
Req. Info.-Open Police Lt. Positions
(Item # 183 CCP October 29. 1996)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 127
Info. Open Lt. Police Positions (POL)
(Item # 33 CCP November 12. 1996)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 128
Malkowski, & O- Open Police Lt. Positions
(Item # 78 CCP November 12, 1996)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 129
Req. Info. Police Positions
(Item # 192 CCP October 29, 1996)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 130
"Light Duty" officers Assigned to City Hall
(Item # 155 CCP November 12, 1996)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 131
"Light Duty" Officers Assigned to City Hall (POL)
Page 42
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(Item # 49 CCP November 26, 1996)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 132
Mem. of Understanding BMHA/Police Department (BMHA)
(Item # 96 CCP November 26, 1996)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED
No. 133
Concerned Citz-Req. Public Hrg. on Police Issues
(Item # 107 CCP November 26. 1996)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 134
Renaming Var. Street Segments (PW)
(Item # 36 CCP November 26, 1996)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 135
Renaming Sts. - Addn. Comments (PW)
(Item # 24 CCP December 10. 1996)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 136
Appointments to the Solid Waste Advisory Committee
(Item No. 232, C.C.P., Nov. 26, 1996)
That this Common Council appoints the following individuals to
the Solid Waste Advisory Committee:
Andrew Goldstein Gary Carrel Jamir Floyd
257 Pennsylvania 167 Parkside Ave 277 Hill Street
Buffalo, N.Y. 14201 Buffalo, N.Y. 14214 Bflo, N.Y. 14214
Ms. Floyd is the Regional Director of Citizen Action of New York; and
That this Council requests the Mayor to make his appointments to the Solid
Waste Advisory Committee as soon as possible; and
That this Council requests the Commissioner of Street Sanitation to file a
report detailing a meeting schedule, agenda and staffing plan for the Solid
Waste Advisory Committee as quickly as possible.
ADOPTED.
Mr. Zuchlewski moved to amend to separate names. Seconded by Mr. Brown.
Mrs. LoTempio made a motion to appoint the name of Andrew Goldstein to the
Solid Waste Advisory Committee.
ADOPTED.
AYES- BROWN, COPPOLA, FRANCZYK, HELFER, KAVANAUGH, LOTEMPIO, QUINTANA-7.
NOES- CZAJKA, GRAY, LOCKWOOD, PITTS, WILLIAMS, ZUCHLEWSKI- 6.
Mrs. LoTempio made a motion to appoint Gary Carrel to the Solid Waste
Advisory Committee.
ADOPTED.
AYES- BROWN, COPPOLA, CZAJKA, FRANCZYK, GRAY, HELFER, KAVANAUGH, LOCKWOOD,
LOTEMPIO, QUINTANA, WILLIAMS, ZUCHLEWSKI- 12.
NOES- PITTS- 1.
Mrs. LoTempio made a motion to appoint Jamir Floyd to the Solid Waste
Advisory Committee.
ADOPTED.
AYES-13. NOES-0.
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No. 137
Amend City Code 511-115.E (1)(a)
(Item No. 224, C.C.P., Nov. 26,1996)
That the Corporation Counsel be, and he hereby is authorized to
prepare an Ordinance Amendment to the City Code 511-115.E (1)(a) Projections
into Yards and Courts.
ADOPTED.
No. 138
Notif. Ser. Nos. 8767-8768
(Item # 15 CCP December 10, 1996)
That the above mentioned item be and the same is hereby received
and filed.
Mrs. Lockwood made a motion to deny Notification Serial Nos. #8767-8768.
ADOPTED.
No. 139
Notif Ser. Nos. 8740-8743 8745-8746 (PW) (#17, 11/26)
(Item # 167 CCP December 10, 1996)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 140
Roswell Park Cancer Institute Project
Pedestrian Bridge over High Street
(Item No. 20, C.C.P., Dec. 10, 1996)
That the Commissioner of Public Works be and he hereby is, authorized
to grant the requested permanent easement to the Dormitory Authority of the
State of New York for the Roswell Park Cancer Institute to erect an enclosed
Pedestrian Bridge over and across High Street, subject to the following
conditions:
1.That the Dormitory Authority of the State of New York provide an insurance
policy indemnifying the City of Buffalo in a form and amount as approved by the
City Law Department.
2.That the Dormitory Authority of the State of New York provide the City of
Buffalo with a bond approved by the City Law Department as to form and amount
that would be adequate to maintain or remove said Pedestrian Bridge if that
should ever become necessary.
PASSED.
AYES-13. NOES-0.
No. 141
Police Hourly Rate (Pol)
(Item # 28 CCP December 10, 1996)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
COMMUNITY DEVELOPMENT
HON. DALE ZUCHLEWSKI
CHAIRMAN
No. 142
Virginia Street Corridor Urban Renewal Plan - Additional Site Designation
(Item No. 240, C.C.P., Nov. 26, 1996)
That the above item be and the same is returned to the Common
Council without recommendation.
A public hearing has been set, before the Common Council, at this
regularly scheduled meeting, on the above item, and a Notice of same has been
published in the Buffalo News, a copy of which is attached hereto.
On a motion by Mrs. LoTempio, seconded by the item is properly before the
Page 44
96-1223.txt
Common Council, and the hearing be opened.
CARRIED.
Appearances - Anthony Marconi
Mrs. LoTempio now moved that the hearing be closed. Seconded by Mrs.
Williams.
CARRIED.
Mr. Zuchlewski now moved:
That the Common Council does hereby approve the additional site
designation of the boundaries of the Virginia Street Corridor Urban Renewal
Plan, as more fully described in the above communication and directs the
Department of Community Development to draft a redevelopment plan for the
additional site designation.
PASSED.
AYES-13. NOES-0.
No. 143
Est. Prog. Coord. Neigh. Efforts
(Item # 197 CCP March 19, 1996)
That the above mentioned Item be and the same is hereby received
and filed.
Mr. Zuchlewski moved that the above item be recommitted to the Committee
on Community Development.
ADOPTED.
No. 144
Erie Co. Leg. - Res. Bakery Salvage
(Item # 78 CCP October 29, 1996)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 145
Potential Projects- Clean Water/Air Bond Fund (CD)
(Item #70 CCP November 26, 1996)
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
No. 146
City Bond Act Budget
(Item #234, CCP November 26, 1996)
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
No. 147
City Bond Act Budget (A&F)
(Item #43, CCP December 10, 1996)
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
No. 148
Transfer of Title - Urban Homestead Program
49 St. Paul Street
(Item No. 55, C.C.P., Oct. 29, 1996)
(Item No. 204, C.C.P., Nov. 26, 1996)
That the City-owned property commonly known as 49 St. Paul Street,
is hereby designated as Homestead Property, and that the Mayor be, and he hereby
is, authorized to execute a deed transferring said property to Ms. Bonita
Whitlock, residing at 47 St. Paul Street, for the amount of $1.00 (One Dollar),
and all costs of transfer, on the condition the property is cleared and improved
within six (6) months and is maintained in a sanitary manner for at least
Page 45
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thirty-six (36) months.
PASSED.
AYES-13. NOES-0.
No. 149
Transfer of Title - Urban Homestead Program
63-65 Oneida Street
(Item No. 33, C.C.P., Dec. 10, 1996)
That the City-owned property commonly known as 63-65 Oneida Street,
is hereby designated as Homestead Property, and that the Mayor be, and he hereby
is, authorized to execute a deed transferring said property to Mr. Renee Golya,
residing at 59 Oneida Street, for the amount of $ 1.00 (One Dollar), and all
costs of transfer, on the condition the property is cleared and improved within
six (6) months and is maintained in a sanitary manner for at least thirty-six
(36) months.
PASSED.
AYES-13. NOES-0.
No. 150
Info--HOME Rental Rehab- Status Rpt.,
(Item # 68 CCP November 26, 1996)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 151
BEDC- 1996-97 Budget
(Item # 186 CCP December 10, 1996)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
SPECIAL COMMITTEES
STADIUM/AUD TASK FORCE
HON. JAMES W. PITTS
CHAIRMAN
No. 152
A. Gardner- Addn info Aud. constr. agree
(Item # 110 CCP March 21, 1995)
That the above mentioned Item be and the same is received and
filed.
ADOPTED.
No. 153
NUSUDC- Constr. Report- Crossroads
(Item # 92 CCP April 18, 1995)
That the above mentioned item be and the same is hereby and filed.
ADOPTED.
No. 154
Crossroads Proj., constr. Report (CC)
(Item # 53 CCP April 14, 1995)
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
No. 155
Crossroads Arena- Constr. Summaries (City Clerk)
(Item #75 CCP July 25, 1995)
That the above mentioned item be and the same is hereby received
and filed.
Page 46
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ADOPTED.
No. 156
Crossroad meeting on Bed Tax Agreement (City Clerk)
(Item # 51 CCP April 4, 1996)
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
No. 157
Use of Crossroad Bond Proceeds (Compt)
(Item # 10 CCP November 16, 1994)
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
No. 158
Use of Crossroads Bond Proceeds (City Clerk)
(Item# 47 CCP November 16, 1994)
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
No. 159
Traffic Impact Study-Crossroads Complex (PW)
(Item #52 CCP February 22, 1994)
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
No. 160
Privately held Prop. in Crossroads area (CD)
(Item # 67 CCP October 5, 1994)
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
No. 161
25% Minority Participation-New Arena
(Item # 149, CCP February 2, 1994)
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
No. 162
Explaining awarding of Crossroads contracts
(Item #174, CCP February 7, 1996)
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
No. 163
Crossroads-Listing of Subcontractors
(Item # 81 CCP April 4, 1995)
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
No. 164
Crossroads meeting minutes (City Clerk)
(Item # 48 CCP February 21, 1996)
That the above mentioned item be and the same is hereby received
and filed.
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ADOPTED.
No. 165
Crossroads Project Tax Immunity (City Clerk)
(Item # 49 CCP February 21, 1995)
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
No. 166
Feasibility Study-
Distr. Htg. Crossroads (PW)
(Item # 87 CCP November 28, 1995)
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
No. 167
Crossroads Arena proj.
Requisitions 8 & 9
(Item # 60 CCP September 5, 1995)
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
No. 168
Crossroads Arena - Requisitions 1-5
(Item # 38 CCP September 19, 1995)
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
No. 169
Crossroads Arena Requisition 10
(Item # 40 CCP October 3, 1995)
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
No. 170
Crossroads Arena- Requisition 12
(Item # 37 CCP November 28, 1995)
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
No. 171
Crossroads Arena - Requisition # 13
(Item # 38 CCP December 26, 1995)
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
No. 172
Crossroads Arena- Requisition # 14
(Item #32- February 6, 1995)
That the above mentioned item be and the same hereby received
and filed.
ADOPTED.
No. 173
Crossroads Arena- Requisition # 14 (CC)
(Item# 72 CCP February 20, 1996)
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That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
No. 174
Req # 16-Marine Midland Arena
(Item # 35 CCP April 12, 1996)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 175
Marine Midland Arena - Req. # 15 (City Clerk)
(Item # 73 CCP February 20, 1994)
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
No. 176
Marine Midland Arena-Req. # 17 (City Clerk)
(Item # 46 CCP April 30, 1996)
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
No. 177
Marine Midland Arena-Req. # 18 (City Clerk)
(Item # 42 CCP May 28, 1996)
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
No. 178
Marine Midland Arena - Req. # 19
(Item # 58 CCP June 25, 1996)
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
No. 179
Marine Midland Arena-Req. # 20
(Item # 64 CCP September 3, 1996)
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
No. 180
Marine Midland Arena-Req. #21
(Item #65 CCP September 3, 1996)
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
No. 181
Marine Midland Arena/Insurance
(Item # 37 CCP March 5, 1996)
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
No. 182
Curbing- Marine Midland Arena
(Item # 30 CCP April 16, 1996)
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That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
No. 183
Info- Crossroads Arena Project
(Item # 29 CCP October 1994)
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
No. 184
Use Aud - Amateur Hockey
(Item # 67 CCP May 14, 1996)
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
No. 185
J. Pitts- Draft Index- Closing Doc.- Crossroads
(Item #93 - CCP November 14, 1994)
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
No. 186
Req. Greenway Trail on South
(Item #166 - CCP December 12, 1994)
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
No. 187
Narrow Sect. S. Park- Crossroads (PW) (#49, 12/27)
(Item # 147 CCP February 6, 1994)
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
No. 188
Encroach Trees-S. Pk.- Crossroads (PW) (#50, 12/27)
(Item #148 CCP February 6, 1994)
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
No. 189
Audit-Mem. Aud.
(Item #188 CCP October 15, 1996)
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
No. 190
Marine Midland Arena-Req. #22
(Item #47 CCP October 15, 1996)
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
No. 191
Nia. Insulation- Compliant Committee/Cobblestone St.
(Item #88 CCP July 23, 1996)
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That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
TELECOMMUNICATIONS
HON. JAMES W. PITTS
CHAIRMAN
No. 192
Ord. Amend. Chapter 6 -Cable Commission (NSATF)
(Item #220 CCP July 20, 1993)
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
No. 193
TCI- Channels added/Rate Increase (HRG HELD)
(Item #65 CCP January 10, 1993)
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
No. 194
TCI-Cable Serv. Rate form filing
(Item #129 CCP September 6, 1993)
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
No. 195
TCI Listing of req./unreq. costs
(Item #108 CCP June 28, 1993)
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
No. 196
TCI- Explanation of basis tier/equip. rates
(Item #109 CCP June 28, 1993)
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
No. 197
TCI- Service Charge for in-home cable maint.
(Item #91 CCP March 8, 1993)
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
No. 198
TCI-Rate Incr. for Expanded Basic Cable
(Item #96 CCP November 1, 1996)
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
No. 199
Realignment of Channels
(Item #71 CCP February 2, 1993)
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
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No. 200
TCI- Channel realignment/Rate Adjustment
(Item #175 CCP September 7, 1996)
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
No. 201
TCI- Addn. of Federal Regulatory User Fee
(Item #97 CCP November 1, 1993)
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
No. 202
TCI- Compliance with franchise agreement
(Item #85 CCP March 3, 1993)
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
No. 203
TCI- Comments on company performance
(Item #101 CCP March 31, 1991)
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
No. 204
TCI- Reply to rate/regulation request
(Item #89 CCP May 3, 1993)
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
No. 205
FCC Forms for Rate Increase
(Item #85 CCP October 18, 1993)
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
No. 206
TCI- Annual Report
(Item #82 CCP March 22, 1993)
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
No. 207
TCI Annual Report
(Item #82 October 1, 1996)
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
No. 208
TCI- Notification of Corporate Reorganization
(Item #92 CCP April 19, 1993)
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
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No. 209
TCI- Add "Spice" Channel
(Item #93 CCP November 3, 1991)
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
No. 210
TCI- Info on "Spice" Channel
(Item #90 CCP May 3, 1993)
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
No. 211
TCI- Inflation adjust to current rates
(Item #115 CCP March 21, 1994)
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
No. 212
TCI-Req. to NYS for continuation of Operations
(Item #74 CCP February 8, 1994)
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
No. 213
TCI- Response to City's franchise proposal
(Item #92 CCP March 8, 1993)
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
No. 214
TCI- Neg. Proposal for Cable Serv. Contract
(Item #113 CCP July 7, 1991)
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
No. 215
FCC Form-Auth. to regular Cable Rates (City Clerk)
(Item #103 CCP September 7, 1992)
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
No. 216
NYS Cable Comm.- Ability to Chall. Rates
(Item #104 CCP March 16, 1992)
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
No. 217
FCC- Regulatory Policies on CATV
(Item #90 CCP February 16, 1992)
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
Page 53
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No. 218
Rate Regulations Cert.- Cable TV (City Clerk)
(Item #36 CCP January 11, 1993)
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
No. 219
Cable TV Rate regulation Certification (CC)
(Item #58 CCP March 8, 1993)
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
No. 220
Cable TV Rate Regulations (City Clerk)
(Item #50 CCP May 3, 1993)
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
No. 221
Complaint filed with FCC on TCI Rates (City Clerk)
(Item #59 CCP March 8, 1996)
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
No. 222
D. Zinkin- Complaints with TCI Service
(Item #76 CCP February 8, 1993)
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
No. 223
D. Bates & O- Oppose TCI Rate Increase
(Item #93 CCP January 24, 1994)
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
No. 224
C. Gmyrek & O- Req. removal of "Spice" Channel
(Item #79 CCP January 25, 1993)
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
No. 225
PAPB- Education Channel Proposal
(Item #65 CCP September 15, 1991)
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
No. 226
B. Rowe- Education Access TV Report
(Item #67 CCP December 8, 1991)
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
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No. 227
BCAM- 8 mos. Fin. Report ending 2/28/95
(Item #103 CCP March 21, 1996)
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
No. 228
BCAM- Activities Report
(Item #75 CCP April 1994)
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
No. 229
BCAM- Prop. 95-96 Budget
(Item #87 CCP July 11, 1994)
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
No. 230
BCAM- Prop. 95-96 Budget
(Item #132 CCP September 5, 1994)
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
No. 231
Buffalo Cable Access
Media- Proposed Budget Fiscal Year 96-97
(Item No. 77, CCP June 11, 1996)
That Buffalo Cable Access Media ("BCAM") be, and hereby is, granted
and extension for their services for the period commencing July 1, 1996 through
December 31, 1996, and that the proposed budget for BCAM for fiscal year 1996-97
be, and hereby is approved.
PASSED.
AYES-13 NOES-0.
No. 232
BCAM- Fin. Rpt. 1st Qtr. 1996-97
(Item #54 CCP December 10, 1996)
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
No. 233
BCAM- New Comm. Outreach Initiatives
(Item #84 CCP April 16, 1996)
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
No. 234
BCAM Appts. (Council Pres.)
(Item #23 CCP May 14, 1996)
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
No. 235
Reappt. Dr. Niman to BCAM Bd.
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(Item #176 CCP May 14, 1996)
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
No. 236
BCAM- Appt. to Board
(Item #81 CCP May 28, 1996)
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
No. 237
FCC- Ext Time- TCI
(Item #75 CCP December 12, 1994)
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
No. 238
NYS Comm. Cable TV- Order App. Renewal TCI
(Item #52 CCP January 9, 1995)
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
No. 239
TCI- Info. Annual Rate Filing & Increase
(Item #88 CCP March 5, 1996)
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
No. 240
TCI- Insurance Certificate, etc.
(Item #92 CCP April 16, 1996)
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
No. 241
Comment- Cable TV Industry
(Item #34 CCP June 25, 1996)
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
No. 242
R. Corbett- TCI Problem w/installation
(Item #134 CCP September 3, 1996)
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
RESOLUTIONS
No. 243
BY: Mr. Czajka
Salary Ordinance Amendment
40 - Department of Public Works
1 - Division of Engineering
The Common Council of the City of Buffalo does ordain as follows:
That part of Section 1 of Chapter 35 of the Code of the City of Buffalo,
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relating to 40 Department Of Public Works I - Division Of Engineering 023
Traffic Engineering Services, is hereby amended by deleting:
1Superintendent of Traffic Signs
and Pavement Markings $27,333 - $31,889
1Superintendent of Traffic
Signal Systems$27,333 - $31,889
That part of Section 1 of Chapter 35 of the Code of the City of Buffalo,
relating to 40 -Department Of Public Works 1 - Division Of Engineering 021
Administrative Services, is hereby amended by adding:
1 Superintendent of Engineering Maintenance $35,455 - $41,594
WE, JOSEPH N. GIAMBRA, Commissioner of Public Works and JAMES B. MILROY,
Director of the Budget, hereby certify that the above changes are necessary for
the proper conduct, administration and performance of essential services of that
department. We recommend that the compensation for said positions be fixed at
the respective amounts set forth in the foregoing ordinance.
APPROVED AS TO FORM
Edward D. Peace
Corporation Counsel
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
No. 244
BY: Mr. Czajka
Salary Ordinance Amendment
71 - Department of Community Development
3 - Division of Housing & Inspections
011- Housing & Enforcement
The Common Council of the City of Buffalo does ordain as follows:
That part of Section 1 of Chapter 35 of the Code of the City of Buffalo,
relating to 71 Department Of Community Development - 3 Division Of Housing &
Inspections - 01 1 Housing & Enforcement, which reads:
4 Plumbing Inspector $33,145 - $38,424
is hereby amended to read:
1 Chief Plumbing Inspector $36,919 - $42,773
3 Plumbing Inspector$33,145 - $38,424
1 Plumbing Inspector (A. Ando, Only)$33,145 - $38,424
WE, ALAN H. DELISLE, Commissioner of Community Development and JAMES B.
MILROY, Director of the Budget, hereby certify that the above changes are
necessary for the proper conduct, administration and performance of essential
services of that department.
We recommend that the compensation for said positions be fixed at the
respective amounts set forth in the foregoing ordinance.
APPROVED AS TO FORM
Edward D. Peace
Corporation Counsel
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
No. 245
By: Mr. Czajka
Salary Ordinance Amendment
60 - Department of Human Services
6 - Division for Youth
604-Lighted Schoolhouse Program
The Common Council of the City of Buffalo does ordain as follows:
That part of Section 1 of Chapter 35 of the Code of the City of Buffalo,
relating to 50 Department Of Human Services - 6 Division For Youth - 604 Lighted
Schoolhouse Program, which reads:
Supervisor -Lighted Schoolhouse
(Part-Time) Hourly $5.20
is hereby amended to read:
Supervisor -Lighted Schoolhouse
(Part-Time) Hourly$5.60
WE, DANIEL T. DURAWA, Commissioner of Human Services, Parks & Recreation
and JAMES S. MILROY, Director of the Budget, hereby certify that the above
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changes are necessary for the proper conduct, administration and performance of
essential services of that department. We recommend that the compensation for
said positions be fixed at the respective amounts set forth in the foregoing
ordinance.
APPROVED AS TO FORM
Edward D. Peace
Corporation Counsel
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
No. 246
By: Mr. Czajka
Lease Agreement for space at 2056 Genesee Street- Former Polk
Brothers building.
Whereas:The City of Buffalo has acquired and rehabilitated the
former Polk Brothers Furniture store at 2056 Genesee Street for the purpose of
housing a multifaceted human service center; and
Whereas:One of the original intentions of the project was to link a
community organization with a health related provider at the site; and
Whereas:Schiller Park area resident, Dr. Quinton Bullock has expressed
interest in leasing approximately 1400 square feet of space at the former Polk
Brothers building for the purpose of establishing a dental clinic; and
Whereas: This partnership would create a unique public/private relationship
between the City of Buffalo and a health area provider.
Now, Therefore, Be It Resolved:
That this Honorable Body authorize the Comptroller's Office Division of
Real Estate to negotiate a lease agreement with Dr. Bullock; and
Be It Further Resolved:
That upon completion the Division of Real Estate file this agreement with
the Common Council.
REFERRED TO THE COMMITTEE ON FINANCE, THE CORPORATION COUNSEL AND THE
COMPTROLLER.
No. 247
By: Mr. Czajka
Negative Declaration Under SEQR
Whereas:The City of Buffalo seeks to designate 609 Bailey Avenue
as replacement parkland in connection with the Hennepin Community Center
project; and
Whereas:This Common Council has been designated as the lead agency under
SEQR; and
Whereas:A Negative Declaration - Notice of Determination of Non-Significance
filed with this Resolution states that there is no adverse effect on the quality
of the environment;
Now, therefore be it resolved:
That this Common Council adopt the Negative Declaration; and
Be It Further Resolved:
That this Common Council designate the 1.7 acre parcel of vacant city
owned waterfront land known as 609 Bailey Avenue as parkland.
ADOPTED.
No. 248
By: Mr. Franczyk
Bond Resolution
$300,000 Bonds
Tree Removal and Planting North District
Account 200-717
Bond Resolution of the City of Buffalo, New York, authorizing
the issuance of $300,000 General Improvement Bonds of said City to finance the
cost of removal of diseased trees and the planting of new trees in the North
Councilmanic District, in the City, at the estimated maximum cost of $300,000.
The Common Council of the City of Buffalo, in the County of Erie, New
York, hereby resolves (by the favorable vote of not less than two-thirds of all
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the members of said Common Council) as follows:
Section 1. The Comptroller of the City of Buffalo, in the County of Erie, New
York (herein called "City"), is hereby authorized and directed to issue General
Improvement Bonds of said City in the principal amount of Three Hundred Thousand
Dollars ($300,000), pursuant to the provisions of the Charter of said City and
the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the
State of New York (the "Law") to finance the cost of removal and replacement of
diseased trees and the planting of new trees in the North Councilmanic District,
in the City. The estimated maximum cost of said class of objects or purposes
for which the bonds authorized by this resolution are to be issued, including
preliminary costs and costs incidental thereto and the financing thereof, is
$300,000, as set forth in the duly adopted Capital Improvements Budget of said
City for fiscal year 1996-97, as amended.
Section 2. The proceeds of the sale of the bonds authorized by this resolution,
or any bond anticipation notes issued in anticipation of the sale of said bonds,
shall be deposited in the Capital Projects Fund to the credit of the Department
of Community Development, Division of Development, "Tree Planting North
District, 1996-97, " Bond Authorization Account No. 200-717, and shall be used
for the purpose specified in Section 1 of this resolution.
Section 3. The City intends to finance, on an interim basis, the costs or a
portion of the costs of said improvements for which bonds are herein authorized,
which costs are reasonably expected to be incurred by the City, pursuant to this
Bond Resolution, in the maximum amount of 300,000. This resolution is a
declaration of Official Intent adopted pursuant to the requirements of Treasury
Regulation Section 1.150-2.
Section 4. The following additional matters are hereby determined and stated:
(a) The period of probable usefulness applicable to the class of objects or
purposes for which the bonds authorized by this resolution are to be issued,
within the limitations of Section 11.00 a. 57 (1st) of the Local Finance Law, is
five (5) years.
(b) Current funds are not required by the Law to be provided as a down payment
prior to the issuance of the bonds authorized by this resolution or any bond
anticipation notes issued in anticipation thereof in accordance with Section
107.00 d. 9. of the Law.
Section 5. Each of the bonds authorized by this resolution and any bond
anticipation notes issued in anticipation of the sale of said bonds and the
renewals of said notes shall contain the recital of validity as prescribed by
Section 52.00 of the Local Finance Law. Said bonds and said notes shall be
general obligations of the City of Buffalo payable as to both principal and
interest by a general tax upon all the taxable real property within said City
without limitation as to rate or amount. The faith and credit of said City are
hereby irrevocably pledged to the punctual payment of the principal of and
interest on said bonds and said notes. Provision shall be made annual for the
payment of interest on and for the amounts required for the amortization and
redemption of said bonds and said notes.
Section 6. The validity of the bonds authorized by this resolution or any bond
anticipation notes issued in anticipation of the sale of said bonds, may be
contested only if:
(a)such obligations are authorized for an object or purpose for which the
City of Buffalo is not authorized to expend money, or
(b)the provisions of law which should be complied with at the date of the
publication of such resolution are not substantially complied with, and an
action, suit or proceeding contesting such validity is commenced within twenty
days after the date of such publication, or
(c)such obligations are authorized in violation of the provisions of the
constitution.
Introduced: December 23, 1996
LAID ON THE TABLE.
No. 249
By: Mr. Franczyk
Need for City Reval
WHEREAS:Assessed property valuation has changed dramatically in
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the city since the last comprehensive revaluation; and,
WHEREAS:The system of appeal before the Assessment Review Board in December
and now January is a very inefficient and ultimately unfair way to shift the tax
burden fairly and equitably; and,
WHEREAS:City tax dollars and Council staff time have been expended in
soliciting some of the city's wealthiest tax payers to trot into city hall to
lower their assessed valuation, while poor citizens will be forced to bear the
burden of carrying the expense for those who are more able to pay; and,
WHEREAS:Rather than pandering to a certain class of citizens in only one or
a few areas of the city, all property owners should share the benefit of
revaluation; and,
WHEREAS:As the city is desperately scraping for every source of revenue, it
is unfair and unwise to drain monies from city coffers, and then expect
increased city services; and,
WHEREAS:Citizens generally do not leave for the suburbs because taxes are
lower, but because they perceive better services and safer streets; and,
NOW THEREFORE BE IT RESOLVED:
That this Common Council supports a full scale property revaluation in
Buffalo, thus ensuring a fair and equitable tax responsibility for all property
owners, not only the solicited few.
REFERRED TO THE COMMITTEE ON FINANCE, COMMISSIONER OF ADMINISTRATION AND
FINANCE, AND CORPORATION COUNSEL.
No. 250
By: Mr. Franczyk
Discharge Committee on Finance
HEARING- Obj. Board up Charge - 107 Alabama
Whereas:The above item is currently tabled in the Committee on
Finance; and
Whereas:There is a hearing scheduled on the above item;
Now Therefore, Be It Resolved;
That this Common Council does hereby discharge the Committee on Finance from
further consideration of Item 14, Dec. 10, 1996, and said item is now before the
Council.
Mrs. LoTempio now moved that the hearing be closed.
Mrs. LoTempio now moved to recommit the above item to the Committee on
Finance.
ADOPTED.
No. 251
By: Mr. Franczyk
Appoint Robert Zielinski to Temp Assessment Board
WHEREAS:Because of a heavy load of anticipated tax challenges
Assessment Commissioner Sole has requested the appointment of four persons to
two mini-boards of Assessment Review; and,
WHEREAS:Robert Zielinski of 30 Lyman Street, Buffalo, had for many years
been a top Assessor and Administrator in the Buffalo Assessment Department; and,
WHEREAS:Mr. Zielinski had recently retired from the Assessment Department
after many decades of service, but he is eager to be of service again;
NOW THEREFORE BE IT RESOLVED:
That this Common Council appoint Richard Zielinski of 30 Lyman St. as one
of the four vacancies to the Temporary Assessment Board of Appeals.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 252
By: Ms. Gray
City of Buffalo
Local Law No. (1996)
Introductory No. 13 (1996)
A LOCAL LAWamending Section five hundred fifty-two of Article
twenty-nine of the Charter of the City of Buffalo in relation to assessment
grievance procedures.
BE IT ENACTED BY THE COMMON COUNCIL OF THE CITY OF BUFFALO AS FOLLOWS:
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Section 1. That Section five hundred fifty-two of Article twenty-nine of
the Charter of the City of Buffalo, adopted pursuant to law, is hereby amended
to read as follows:
Section 552. Grievances.
During said month of December, in any year and during the month of
January, nineteen hundred [ninety-three] ninety-seven any person conceiving
himself aggrieved by the assessed valuation of his real property may apply to
the department to have the same corrected.
The application must be in writing, stating the grounds of objection
thereto and thereupon the department must examine into the complaint.
If, after such examination, the assessment is erroneous, in the judgment
of the department, it shall correct the same.
Section 2. This local law shall take effect immediately.
APPROVED AS TO FORM
Edward D. Peace
Corporation Counsel
NOTE: Matter in brackets [ ] to be deleted; matter underlined is new.
LAID ON THE TABLE.
No. 253
By: Mr. Helfer
Use of Quint Fire Trucks
Whereas:At this time last year, the City of Buffalo invested over
$2 million to purchase five (5) new pieces of fire-fighting equipment, trucks
called "quints"; and
Whereas:A quint can be used as either a ladder truck or a pumper truck
interchangeably; and
Whereas:The Fire Department currently employs the five quints as ladders
only; and
Whereas:There was great objection to the purchase of the quints by the
President of the Firefighter's Union; and
Whereas:The President of the Firefighter's Union stated that these quints
would not function due to his observations that
a. They weigh too much and cannot cross city bridges;
b. Their turning radius is too large to maneuver on City Streets;
c. The quints would not fit into the fire stations; and
Whereas:The City of Buffalo has a capital budget for 1996-1997 that includes
new fire equipment purchases of $1,700,000; and
Now, Therefore, Be It Resolved:
That the Fire Commissioner appear at the next Finance Committee meeting of
December 30, 1996 to provide an actual performance evaluation of the five
quints, specifically addressing the previously stated constraints of the
equipment; and
Be it Finally Resolved:
That the Commissioner of Fire inform the Common Council if his equipment
purchases planned for 1996-1997 will include more quints.
REFERRED TO THE COMMITTEE ON FINANCE AND COMMISSIONER OF FIRE.
No. 254
By: Ms. Kavanaugh
Ordinance Amendment
Chapter 309-Parks and Other Open Spaces
The Common Council of the City of Buffalo does Hereby ordain as
follows:
That Section 309-36 of Chapter 309 of the Code of the City of Buffalo be
amended to read as follows:
No person shall erect a tent or any kind of temporary structure in a city
park or open space without the permission of the Common Council. Permission of
the Council, pursuant to the terms and conditions set by the Special Events
Advisory Committee under Section 414-10(H) of this Code, is deemed granted for
the erection of a tent or other temporary structure approved for a special
event. The Special Events Advisory Committee shall set forth reasonable
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conditions for the erection and dismantling of a tent or other temporary
structure approved for a special event.
The Council may impose reasonable conditions, including those set by the
Special Events Advisory Committee for tents and other temporary structures
permitted in a special event, of the purpose of protecting the health, welfare
and safety of the public and persons and property in the area.
APPROVED AS TO FORM
Edward D. Peace
Corporation Counsel
NOTE: Matter in brackets [ ] to be deleted; matter under-lined is new.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 255
By: Ms. Kavanaugh
Ordinance Amendment
Chapter 175 - Fees
The Common Council of the City of Buffalo does hereby ordain as
follows:
That Section 175-1 of Chapter 175, Fees, of the Code of the City of
Buffalo be amended to read as follows:
Chapter 263, LicensesFee
263-21. tent permit
issuance of tent permit $25.00
APPROVED AS TO FORM
Edward D. Peace
Corporation Counsel
NOTE: Matter in brackets [ ] to be deleted; matter underlined is new.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 256
By: Ms. Kavanaugh
Ordinance Amendment
Chapter 414-Special Events
The Common Council of the City of Buffalo does hereby ordain as
follows:
That Section 414-1O(E) (2) of Chapter 414 of the Code of the City of
Buffalo be amended to read as follows:
2. Emergency Medical Services
The sponsor must provide a designated emergency medical service area or areas as
needed. The sponsor shall meet all guidelines imposed by the New York State
Department of Health. If ambulance services are required by the New York State
Department of Health, such ambulance services shall be licensed to operated in
the City of Buffalo pursuant to Section 72-3 of this Code. If an event expects
an estimated crowd of five thousand (5,000) people or more, the sponsor must
submit proof of contracted medical services to the SEAC before the issuance of
any City permit or license. The Department of Fire will not station personnel
on the event site for the purpose of providing first aid.
That Section 414-10 of Chapter 414 of the Code of the City of Buffalo be amended
to add new subsections (H) and (1), to read as follows:
H. Tents and Temporary Structures
When the sponsor indicates that the special event may use tents or any kind of
temporary structure in City parks or open spaces and, in determining whether to
approve the event and establishing its conditions, the SEAC will set forth
reasonable conditions for the erection and dismantling of the tent or other
temporary structure for the purpose of protecting the health, welfare and safety
of the public and persons and property in the area of the special event. The
sponsor is responsible for obtaining necessary permits from the Bureau of Fire
Prevention and other relevant agencies or departments and meeting any other
applicable requirements. If the sponsor is permitted to erect a tent, the
sponsor is responsible for erecting the tent or other temporary structure, as
well as later dismantling the tent or temporary structure upon the conclusion of
the event or when the necessity for the tent or temporary structure ceases.
I. Parades, Motorcades and Road Races
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Sponsors requesting to conduct a parade, motorcade or road race must apply to
the Police Department Traffic Bureau for traffic coordination or escort
services. Escort services will be provided based on the availability of police
officers on that particular day and the perceived needs of the parade, motorcade
or road race. Fees for such services may be charged as outlined in Chapter 175,
Fees.
APPROVED AS TO FORM
Edward D. Peace
Corporation Counsel
NOTE: Matter in brackets [ ] to be deleted, matter under-lined is new.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 257
By: Mr. Kavanaugh
Ordinance Amendment
Chapter 175-Fees
The Common Council of the City of Buffalo does hereby ordain as
follows:
That Chapter 175, Fees, of the Code of the City of Buffalo be amended to
read as follows:
Chapter 414, Special Events Fee
414-10(I), parade motorcade $50.00
and race
APPROVED AS TO FORM
Edward D. Peace
Corporation Counsel
NOTE: Matter in brackets [ ] to be deleted; matter under-lined is new.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 258
By: Councilmembers Kavanaugh and Franczyk
Accept and Assign Environmental Protection Fund Grant
WHEREAS, the Environmental Protection Act provides for State assistance
to municipalities for local waterfront revitalization projects; and
WHEREAS, the State awarded the City of Buffalo a $100,000 matching grant under
Title II of the Environmental Protection Fund; and
WHEREAS, grant proceeds will fund design for redeveloping the Niagara Frontier
Transportation Authority (NFTA) owned DL&W Terminal into a waterfront access
center at the foot of Main Street; and
WHEREAS, the NFTA is providing all required local match funds for this project;
NOW, THEREFORE BE IT RESOLVED, by the Common Council of the City of Buffalo
that:
The Mayor be, and he hereby is, authorized on behalf of the City of Buffalo to
accept the grant award tendered by the State;
The Mayor is authorized to enter into all necessary agreements and contracts to
assure the prompt and expeditious implementation of said project.
The Mayor is authorized to execute an agreement assigning the Environmental
Protection Fund Agreement and grant proceeds to the NFTA;
The City Comptroller is directed to establish an appropriate account for receipt
of Environmental Protection Fund grant funds;
The City Comptroller and City Treasurer are directed to transfer Environmental
Protection Fund grant proceeds to the NFTA to pay project expenses pursuant to
the terms and conditions of the Project Agreement;
The Mayor is further authorized to execute such other action as may be necessary
to effectuate the purpose of the grant and this resolution.
PASSED.
AYES-13. NOES-0.
No. 259
By: Mrs. Lockwood
Discharge Committee on Claims
F. Piracci & Jos. Scinta, Sr.
Item 134, C.C.P. 11/26/96
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Whereas:The above item is currently in the Committee on Claims;
and
Whereas:It is no longer necessary for this item to be considered by that
committee;
Now, Therefore, Be It Resolved:
That this Common Council does hereby discharge the Committee on Claims
from further consideration of Item 134, C.C.P. November 26, 1996, and said item
is now before the Council.
Carried.
Mrs. LoTempio moved:
That the Corporation Counsel be, and he hereby is, authorized to settle
the claim of Frank Piracci and Joseph Scinta, Sr. v. City of Buffalo in the
amount of $20,725.96 and that the Comptroller be, and he hereby is authorized to
pay the $20,725.96 in settlement of the claim of Frank Piracci and Joseph
Scinta, Sr., v. City of Buffalo as follows:
Frank Piracci $8,067.23
Joseph Scinta, Sr. 7,379.48
Cost of court filing fee
and deposition transcript 279.25
Attorneys fees 5,000.00
Total $20,725.96
PASSED.
AYES-BROWN, COPPOLA, CZAJKA, FRANCZYK, GRAY, HELFER, KAVANAUGH, LOCKWOOD, PITTS,
QUINTANA, WILLIAMS -11.
NOES-LOTEMPIO, ZUCHLEWSKI- 2.
No. 260
By: Mrs. LoTempio
Update on Buffalo Financial Plan Commission Report
Whereas:In February 1993 the Buffalo Financial Plan Commission
(BFPC) submitted its Five-Year Financial and Management Plan for the City of
Buffalo; and
Whereas:The BFPC analyzed the financial position of the City of Buffalo and
developed a five-year plan to help the City address its fiscal concerns and
eliminate the budget deficits that were projected through the 1997-98 fiscal
year; and
Whereas:The report was broken into sections dealing with: Police, Fire,
Public Works, Housing, Administration and Finance, Revenue, Information
Technology, Benefits and Compensation, Reorganization, Vehicle Maintenance and
Additional Alternatives; and
Whereas:Each section contained specific recommendations that primarily
reflected five major issues: employee benefits, more efficient use of resources,
bringing costs in line with market rates, cost recovery and maintaining adequate
management information systems and up-to-date financial records;
Now. therefore be it resolved:
That the Commissioner of Administration and Finance be requested provide a
written status report on the Buffalo Financial Plan Commission's Five-Year
Financial and Management Plan for the City of Buffalo documenting what has been
done to implement the recommendations contained in the report; and
Be it further resolved:
That this status report detail which recommendations have been implemented
and what the monetary impact has been as compared to projected savings; and
Be it finally resolved:
That the report also contain a listing of which recommendations have been
rejected, and which will be implemented in the future.
REFERRED TO THE COMMITTEE ON BUDGET AND COMMISSIONER OF ADMINISTRATION AND
FINANCE.
No. 261
By: Mr. Pitts
Ordinance Amendment
Chapter 440-Telecommunications
The Common Council of the City of Buffalo does hereby ordain as
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follows:
That a new Chapter 440 be added to the Code of the City of Buffalo to read
as follows:
ARTICLE I
Sec. 440-1 Purpose and intent
The Purpose and intent of this Chapter is to:
A. establish a local Policy concerning telecommunication providers and services;
B. establish clear local guidelines and standards for the exercise of local
authority with respect to the regulation of telecommunications providers and
services while recognizing State and Federal regulations in this area;
C. permit and manage access to the public rights-of-way of the City and to
ensure fair and reasonable compensation from telecommunication providers on a
competitively neutral and nondiscriminatory basis for the use of public
rights-of-way;
D. assure that the City can continue to fairly and responsibly protect the
public health, safety and welfare;
E. enable the City to discharge its public trust consistent with rapidly
evolving federal and state regulatory policies, industry competition and
technological development.
Article II
Sec. 440-2 Definitions
Affiliate. A person that directly or indirectly owns or controls, is owned or
controlled by, or is under common ownership or control with another person.
Commissioner. The Commissioner of Public Works.
Person. Corporations, companies, associations, joint stock companies or
associations, firms, partnerships, individuals, limited liability companies and
their lessors, trustees and receivers.
Public Ground. City right-of-ways, highways, roads, streets, alleys, sidewalks,
skyways, public ways, utility easements and public easements in the City.
Telecommunications carrier. Every person that directly or indirectly owns,
controls, operates or manages plant, equipment or property within the City, used
or to be used for the purpose of offering telecommunications service.
Telecommunications facilities. The plant, equipment and property, including but
not limited to, cables, wires, conduits, ducts, pedestals, antennae, electronics
and other appurtenances used or to be used to transmit, receive, distribute,
provide or offer telecommunications service.
Telecommunications provider. Every person that provides telecommunications
service over telecommunications facilities without ownership or management
control of the facilitates.
Telecommunications service. The Providing or offering for rent, sale or lease,
or in exchange for other value received, of the transmittal of voice, data,
image, graphic and video programming information between or among points by
wire, cable, fiber optics, laser, microwave, radio, satellite or similar
facilities, with or without the benefit of any closed transmission medium.
Article III
Sec. 440-3 Registration Required.
All telecommunications carriers and providers that offer or provide any
telecommunications service to the public, either within the City, or outside the
City from telecommunications facilities within the City, shall register with the
City pursuant to this Article by providing the following information.
A.The identity and legal status of the registrant, including any affiliates.
B.The name, address and telephone number of the officer, agent or employee
responsible for the accuracy of the registration statement.
C.A description of registrant's existing or proposed telecommunications
facilities within the City.
D.A description of the telecommunications service that the registrant
intends to offer or provide, or is currently offering or providing, to persons,
firms, businesses, or institutions within the City.
E.Information sufficient to determine whether the registrant is subject to
public way licensing or franchising under this Title.
F.Information sufficient to determine whether the transmission, origination
or receipt of the telecommunications services provided or to be provided by the
registrant constitutes an occupation or privilege subject to Buffalo Charter
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Section 545 (Taxes Upon Gross Incomes or Gross Operating Incomes of Corporations
and Persons Furnishing Utility Services).
G.Information sufficient to determine that the registrant has applied for
and received any authorizations required by the New York State Public Service
Commission to provide telecommunications services or facilities within the City.
H.Information sufficient to determine that the registrant has applied for
and received any construction permit, operating license or other authorizations
required by the Federal Communications Commission to provide telecommunications
services or facilities within the City.
I.Such other information as may be reasonably required by the City.
Sec. 440-4 Registration Fee.
Each application for registration as a telecommunications carrier or provider
shall be accompanied by a fee of Fifty Dollars ($50.00).
Sec. 440-5 Purpose of Registration,
The purpose of registration under this Article is to:
A.provide the City with accurate and current information concerning the
telecommunications carriers and providers who offer or provide
telecommunications services within the City, or that own or operate
telecommunication facilities within the City;
B.assist the City in enforcement of this Chapter;
C.assist the City in the collection and enforcement of any municipal taxes,
franchise fees, license fees or charges that may be due the City)
D.assist the City in monitoring compliance with local, State and Federal
laws.
ARTICLE IV
Sec. 440-6 Telecommunications Franchise.
A telecommunications franchise granting permission by the City shall be
required of any telecommunications carrier who desires to occupy public ground
of the city and to provide telecommunications service to any person or area in
the City.
Sec. 440-7 Application Procedure.
Any person that desires a telecommunications franchise pursuant to this
Chapter shall file an application with the City which shall include the
following information:
A.The identity of the franchise applicant, including all affiliates of the
applicant.
B.A description of the telecommunications services that are or will be
offered or provided by the franchise applicant over its existing or proposed
facilities.
C.A description of the transmission medium that will be used by the
franchisee to offer or provide such telecommunication services.
D.Preliminary engineering plans, specifications and a network map of the
facilities to be located within the City, all in sufficient detail to identify:
(1)the location and route requested for applicant's proposed
telecommunications facilities;
(2)the location of all overhead and underground public utility,
telecommunication, cable, water, sewer drainage and other facilities in the
public way along the proposed route;
(3)the location(s), if any, for interconnection with the telecommunications
facilities of other telecommunication carriers,
(4)the specific trees, structures, improvements, facilities and obstructions,
if any, that applicant proposes to temporarily or permanently remove or
relocate.
E.If applicant is proposing to install overhead facilities, evidence that
surplus space is available for locating its telecommunications on existing
utility poles along the proposed route.
F.If applicant is proposing an underground installation in existing ducts or
conduits within the public ways, information in sufficient detail to identify:
(1)the excess capacity currently available in such ducts or conduits before
installation of applicant's telecommunications facilities;
(2)the excess capacity, if any, that will exist in such ducts or conduits
after installation of applicant's telecommunications facilities.
G.If applicant is Proposing an underground installation @thin new ducts or
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conduits to be constructed within the public ways:
(1)the location proposed for the new ducts or conduits;
(2)the excess capacity that will exist in such ducts or conduits after
installation of applicant's telecommunications
facilities.
H.A preliminary construction schedule and completion dates.
I.Financial statements prepared in accordance with generally accepted
accounting
principles demonstrating the applicant's financial ability to construct,
operate, maintain, relocate
and remove the facilities.
J.Information in sufficient detail to establish the applicant's technical
qualifications, experience and expertise regarding the telecommunications
facilities and services described in the application.
K.Information to establish that the applicant has obtained all applicable
governmental licenses, approvals and permits including those required by the New
York State Public Service Commission and the Federal Communications Commission,
to construct and operate the facilities and to offer or provide the
telecommunications services.
L.Whether the applicant intends to provide cable service, video dialtone
service or other video programming service, and sufficient information to
determine whether such service is subject to cable franchising.
M.An accurate map showing the location of any existing telecommunications
facilities in the City that applicant intends to use or lease.
N.A description of the services or facilities that the applicant will offer
or make available to the City and other public, educational and governmental
institutions,
O.A description of applicant's access co-location and line extension
policies.
P.The area or areas of the City the applicant desire to serve and a schedule
for buildout to the entire franchise area.
Q.Such other and further information as may I be reasonably requested by the
City.
Sec. 440-8 Determination by the City.
Within One Hundred and Fifty (150) days after receiving a complete
application under Section 440-7 of this Chapter, the City shall issue a written
determination granting or denying the application, in whole or in part, applying
the following standards:
A.The financial, legal, technical and managerial experience and capabilities
of the applicant.
BThe adequacy of the proposed compensation to be paid to the City,
including the wiring and provision of telecommunications service to public
schools and other building owned by the City.
C.The capacity of the public ways to accommodate the applicant's proposed
facilities.
D.The capacity of the public ways to accommodate additional utility and
telecommunications facilities if the franchise is granted.
E.The damage or disruption, if any, of public or private facilities,
improvements, service, travel or landscaping if the franchise is granted.
F.The public interest in minimizing the cost and disruption of construction
within the public ways.
G.The service that applicant will provide to the community and region.
H.The effect, if any, on public health, safety and welfare if the franchise
requested is granted.
I.The availability of alternate routes and/or locations for the proposed
facilities.
J.Applicable federal and state telecommunications laws, regulations and
policies.
K.Such other factors as may demonstrate that the grant to use the public
ways will serve the community interest.
Sec. 440-9 Franchise Agreement.
Any Franchise Agreement granted pursuant to this Chapter shall be by
written agreement which shall include, but not be limited to, the following
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terms and conditions:
A.The term of the franchise shall not exceed fifteen (15) years.
B.No franchise granted under this Chapter shall confer any exclusive right,
privilege, license or franchise to occupy or use the public ways of the City for
delivery of telecommunications services or any other purposes.
C.The compensation to be paid to the City shall be adequate and may include
the provision of facilities or services to the City or both.
D.The franchise may be terminated or cancelled in the event of the
franchisee's failure to comply with the material terms and conditions of the
agreement.
E.A security fund shall be established to ensure the performance of the
franchise's obligations under the agreement.
F.The City shall have the right to inspect the facilities of the franchisee
and to order the relocation of such facilities.
G.There shall be adequate insurance and indemnification requirements.
H.All franchisees shall be required to maintain complete and accurate books
of' account and records which shall be made available on demand to the City for
inspection.
I.There shall be provisions to ensure quality workmanship and construction
methods.
J.There shall be provisions requiring the franchisee to comply with City
laws, regulations and policies related to, but not limited to, employment,
purchasing and investigations.
K.There shall be provisions to ensure adequate oversight and regulation of
the franchisee by the City.
L.There shall be provisions to restrict the assignment or other transfer of
the franchise without the prior written consent of the City.
M.There shall be remedies to protect the City's interest in the event of the
franchisee's failure to comply with the terms and conditions of the agreement.
N.All franchisees shall obtain all necessary licenses and permits from and
comply with the Rules of the New York State Public Service Commission and the
Federal Communications Commission and any other governmental body having
jurisdiction over the franchisee.
0.There shall be provisions preserving the right of the City to perform
public works or public improvements in and around those areas subject to the
franchise.
P.There shall be provisions requiring the franchisee to protect the property
of the City and the delivery of public services from damage or interruption of
operation resulting from the construction, operation, maintenance, repair or
removal of improvements related to the franchise.
Q.There shall be provisions designed to minimize the extent to which the
public use of the streets of the city are disrupted in connection with the
construction of improvements relating to the franchise.
R.There shall be provisions to ensure that the franchise shall make its
telecommunication services available to any customer within its franchise area
who shall request such service, without discrimination as to the terms,
conditions, rates or charges for grantee's services.
S.There shall be provisions to ensure that the franchisee shall make its
telecommunications services available to the City at its most favorable rate for
similarly situated users.
T.Any other provisions as may be reasonably requested by the City.
ARTICLE V
Sec. 440-10 Renewal Applications.
A grantee that desires to renew its franchise under this chapter shall,
not more than 240 days nor less than 150 days before expiration of the current
franchise, file an application with the City for renewal of its franchise which
shall include the following information:
A.The information required pursuant to Section 440-6 of this Chapter.
B.Any additional information required pursuant to the franchise agreement
between the City and the grantee or other information as may be reasonable
required by the City.
Sec. 440-11 Renewal Determinations.
Within 150 days after receiving a complete renewal application under
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Section 4409 of this Chapter, the City shah issue a written determination
granting or denying the renewal application in whole or in part applying the
standards contained in Section 440-7 of this Chapter in addition to the
following standards. If the renewal application is denied, the written
determination shall include the reasons for non-renewal.
A.The financial and technical ability of the applicant.
B.The legal ability of the applicant.
C.The continuing capacity of the public ways to accommodate the applicant's
existing facilities.
D.The applicant's compliance with the requirements of this Title and the
franchise agreement.
E.Applicable federal, state and local telecommunications laws, rules and
policies.
F.Such other factors as may demonstrate that the continued grant to use the
public ways will or will not serve the community interest.
Sec. 440-12 Obligation to Cure As a Condition of Renewal
No franchise shall be renewed until any ongoing violations or defaults in
the grantee's performance of the franchise agreement, or of the requirements of
this Chapter, have been cured, or a plan detailing the corrective action to be
taken by the grantee has been approved by the City.
ARTICLE VI
Sec. 440-13 Telecommunications License
A telecommunications license shall be required of any telecommunications
carrier who desires to occupy public grounds of the City for the sole purpose of
providing telecommunications services to persons or areas outside the City.
Sec. 440-14 License Application:
Any person that desires a telecommunications license shall file an
application with the City which shall include the following information:
A.The identity of the license applicant, including all affiliates of the
applicant.
B.A description of the telecommunications services that are or will be
offered or provided by licensee over its telecommunications facilities.
C.A description of the transmission medium that will be used by the licensee
to offer or provide such telecommunications services.
D.Preliminary engineering plans, specifications and a network map of the
facilities to be located within the City, all in sufficient detail to identify:
(1)The location and route requested for applicant's proposed
telecommunications facilities.
(2)the location of all overhead and underground public utility,
telecommunication, cable water, sewer drainage and other facilities- in the
public way along the proposed route.
(3)the location(s), if any, for interconnection with the telecommunications
facilities of other telecommunications carriers.
(4)the specific trees, structures, improvements, facilities and obstructions,
if any, that applicant proposes to temporarily or permanently remove or
relocate.
E.If applicant is proposing to install overhead facilities, evidence that
surplus space is available for locating its telecommunications facilities on
existing utility poles along the proposed route,
F.If applicant is proposing an underground installation in existing ducts or
conduits within the public ways, information in sufficient detail to identify:
(1)The excess capacity currently available in such ducts or conduits before
installation of applicants telecommunications facilities;
(2)The excess capacity, if any, that will exist in such ducts or conduits
after installation of applicant's telecommunications facilities.
G.If applicant is proposing an underground installation within new ducts or
conduits to be constructed within the public ways:
(1)the location proposed for the new ducts or conduits;
(2)the excess capacity, if any, that will exist in such ducts or conduits
after installation of applicant's telecommunications facilities.
H.A preliminary construction schedule and completion date.
I.A preliminary traffic control plan.
J.Financial statements prepared in accordance with generally accepted
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accounting principles demonstrating the applicant's financial ability to
construct, operate, maintain, relocate and remove the facilities.
K.Information in sufficient detail to establish the applicant's technical
qualifications, experience and expertise regarding the telecommunications
facilities and services described in the application.
L.Information to establish that the applicant has obtained all other
governmental approvals and permits to construct and operate the facilities and
to offer or provide the telecommunications services.
M.All fees, deposits or charges required pursuant to this Chapter.
N.Such other and further information as may be reasonably required by the
City.
Sec. 440-15 Determination by the City
Within 150 days after receiving a complete application under Section 440-13, the
City shall issue a written determination granting or denying the application in
whole or in part, applying the following standards. If the application is
denied, the written determination shall include the reasons for denial.
A.The financial and technical ability of the applicant.
B.The legal ability of the applicant.
C.The capacity of the public ways to accommodate the applicant's proposed
facilities.
D.The capacity of the public ways to accommodate additional utility and
telecommunications facilities if the license is granted.
E.The damage or disruption, if any, of public or private facilities,
improvements, service, travel or landscaping if the license is granted.
F.The public interest in minimizing the cost and disruption of construction
within the public ways.
G.The service that applicant will provide to the community and region.
Sec 440-16 Fees and Compensation
Reserved Compensation for Public Ways:
The City explicitly reserves its right to fix a fair and reasonable compensation
to be paid for the property rights granted to a telecommunications license or
franchise grantee. Nothing in this Chapter shall prohibit the City and a
grantee from agreeing to the compensation to be paid for the granted property
rights. Such compensation shall be required by the City on a competitively
neutral and nondiscriminatory basis.
Sec. 440-17: Permit Fees: All license or franchise grantees shall pay all
applicable permit fees as required by the City.
Sec. 440-18: Cable Franchise Fees: Nothing in this Chapter shall preclude the
City from requiring a franchise fee from a cable operator or from requiring a
franchise fee up to five per cent (5%) of a franchisee's gross revenues as
allowed under Federal Law.
Sec. 440-19: Regulatory Fees and Compensation Not a Tax:
The regulatory fees and costs provided for in this Chapter, and any compensation
charged and paid for the public ways provided for in this Chapter, are separate
from, and additional to, any and all federal, state, local and city taxes as may
be levied, imposed or due from a telecommunications carrier or provider, its
customers or subscribers, or on account of the lease, sale, delivery or
transmission of telecommunications services.
ARTICLE VII
Sec 440-20 Conditions of Grant
Location of Facilities: All facilities shall be constructed, installed and
located in accordance with the following terms and conditions, unless otherwise
specified in a license or franchise agreement: All facilities shall meet any
applicable zoning ordinances or other applicable ordinances of the City.
A.A grantee shall install its telecommunications facilities within an
existing underground duct or conduit whenever excess capacity exists within such
utility facility,
B.A grantee with permission to install overhead facilities shall install its
telecommunications facilities on pole attachments to existing utility poles
only, and then only if surplus space is available.
C.Whenever any existing electric utilities, cable facilities or
telecommunications facilities are located underground within a public way of the
City, a grantee with permission to occupy the same public way must also locate
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its telecommunications facilities underground.
D.Whenever any new or existing electric utilities, cable facilities or
telecommunications facilities are located or relocated underground within a
public way of the City, a grantee that currently occupies the same public way
shall relocate its facilities underground within a reasonable period of time,
which shall not be later than the end of the grant term, Absent extraordinary
circumstances or undue hardship as determined by the City Engineer, such
relocation shall be made concurrently, to minimize the disruption of the public
ways.
E.Whenever new telecommunications facilities will exhaust the capacity of a
public street or utility easement to reasonably accommodate future
telecommunication carriers or facilities, the grantee shall provide additional
ducts, conduits, manholes and other facilities for nondiscriminatory access to
future carriers
Sec. 440-21: Construction Permits: All license or franchise grantees are
required to obtain construction permits for telecommunications facilities as
required in Article 8 of this Title. However, nothing in the Article shall
prohibit the City and a grantee from agreeing to alternative plan review, permit
and construction procedures in a license or franchise agreement, provided such
alternative procedures provide substantially equivalent safeguards for
responsible construction practices.
Sec. 440-22: Interference with the Public Ways: No license or franchise grantee
may locate or maintain its telecommunications facilities so as to unreasonably
interfere with the use of the public ways by the City, by the general public or
by other persons authorized to use or be present in or upon the public ways.
All such facilities shall be moved by the grantee, temporarily or permanently,
as determined by the City Engineer.
Sec. 440-23: Damage to Property. No license or franchise grantee nor any person
acting on a grantee's behalf shall take any action or permit any action to be
done which may impair or damage any City property, public ways of the City,
other ways or other property located in, on or adjacent thereto.
Sec. 440-24: Notice of Work: Unless otherwise provided in a license or franchise
agreement, no license or franchise grantee, nor any person acting on the
grantees behalf, shall commence any non-emergency work in or about the Public
Ways of the City or other ways without ten (10) working days advance notice to
the City.
Sec. 440-25: Repair and Emergency Work: In the event of an unexpected repair or
emergency, a grantee may commence such repair and emergency response work as
required under the circumstances, provided the Grantee shall notify the City as
promptly as possible, before such repair or emergency work or as soon thereafter
as possible if advance notice is not practicable.
Sec. 440-26: Maintenance of Facilities: Each license or franchise grantee shall
maintain its facilities in good and safe condition and in a manner that complies
with all applicable federal, state and local requirements.
Sec. 440-27: Relocation or Removal of Facilities: Within thirty (30) days
following written notice from the City, a license or franchise grantee shall, at
its own expense, temporarily or permanently remove, relocate, change or alter
the position of any telecommunications facilities within the public ways
whenever the corporate authorities shall have determined that such removal,
relocation, change or alteration is reasonably necessary for:
A.The construction, repair, maintenance or installation of any City or other
public improvement in or upon the public ways.
B.The operations of the City or other governmental entity in or upon the
public ways.
Sec. 440-28: Removal of Unauthorized Facilities: Within thirty (30) days
following written notice from the City, any grantee, telecommunications carrier,
or other person that owns, controls or maintains any unauthorized
telecommunications system, facility or related appurtenances within the public
ways of the City shall, at its own expense, remove such facilities or
appurtenances from the public ways of the City. A telecommunications system or
facility is unauthorized and subject to removal in the following circumstances:
A.Upon expiration or termination of the grantee's telecommunications license
or franchise.
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B.Upon abandonment of a facility within the public ways of the City.
C.If the system or facility was constructed or installed without the prior
grant of a telecommunications license or franchise.
D.If the system or facility was constructed or installed without the prior
issuance of a required construction permit.
E.If the system or facility was constructed or installed at a location not
permitted by the grantee's telecommunications license or franchise.
Sec. 440-29: Emergency Removal or Relocation of Facilities: The City retains the
right and privilege to cut or move any telecommunications facilities located
within the public ways of the City, as the City may determine to be necessary,
appropriate or useful in response to any public health or safety emergency.
Sec. 440-30: Damage to Grantee's Facilities: Unless directly and proximately
caused by the wilful, intentional or malicious acts by the City, the City shall
not be liable for any damage to or loss of any telecommunications facility
within the public ways of the City as a result of or in connection with any
public works, public improvements, construction, excavation, grading filling, or
work of any kind in the public ways by on or behalf of the city.
Sec. 440-31: Restoration of Public Ways, Other Ways and City Property.
A.When a license or franchise grantee, or any person acting on its behalf,
does any work in or affecting any Public Ways or Other Ways or City Property, it
shall, at its own expense, promptly remove any obstructions therefrom and
restore such ways or property to as good a condition as existed before the work
was undertaken, unless otherwise directed by the City.
B.If weather or other conditions do not permit the complete restoration
required by this Section, the grantee shall temporarily restore the affected
ways or property. Such temporary restoration shall be at the Licensee's sole
expense and the Licensee shall promptly undertake and complete the required
permanent restoration when the weather or other conditions no longer prevent
such permanent restoration.
C.A grantee or other person acting in its behalf shall use suitable
barricades, flags, flagmen, lights, flares and other measures as required for
the safety of all members of the general public and to prevent injury or damage
to any person, vehicle or property by reason of such work in or affecting such
ways or property.
Sec. 440-32: Facilities Maps: Each license or franchise grantee shall provide
the City with an accurate map or maps certifying the location of all
telecommunications facilities within the public ways Each grantee shall provide
updated maps annually.
Sec. 440-33: Duty to Provide Information: Within ten (10) days of a Written
request from the City , each license or franchise grantee shall furnish the City
with information sufficient to demonstrate:
A.That grantee has complied with all requirements of this Title.
B.That all municipal taxes and compensation due the City in connection with
the telecommunications services and facilities provided by the grantee have been
properly collected and paid by the grantee.
C.All books, records, maps and other documents, maintained by the grantee
with respect to its facilities within the public ways shall be made available
for inspection by the City at reasonable times and intervals.
Sec. 440-34: Leased Capacity: A license or franchise grantee shall have the
right, without prior City approval, to offer or provide capacity bandwidth to
its customers; provided:
A.Grantee shall furnish the city with a copy of any such lease or agreement.
B.The customer or lessee has complied, to the extent applicable, with the
requirements of this Title.
Sec. 440-35: Grantee Insurance: Unless otherwise provided in a license or
franchise agreement, each grantee shall, as a condition of the grant, secure and
maintain the following liability insurance policies insuring both the grantee
and the City, and its elected and appointed officers, officials, agents and
employees as coinsureds:
A.Comprehensive general liability insurance with limits not less than
(a)Five Million Dollars ($5,000,000.00) for bodily injury or death to each
person;
(b)Five Million Dollars ($5,000,000.00) for property damage resulting from
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any one accident; and,
(c)Five Million Dollars ($5,000,000,00) for all other types of liability.
B.Automobile liability for owned, non-owned and hired vehicles with a limit
of Three Million Dollars ($3,000,000.00) for each person and Three Million
Dollars ($3,000,000.00) for each accident.
C.Worker's Compensation within statutory limits and employer's liability
insurance with limits of not less than One Million Dollars ($1,000,000.00).
D.Comprehensive form premises-operations, explosions and collapse hazard,
underground hazard and products completed hazard with limits of not less than
Three Million Dollars ($3,000,000.00).
E.The liability insurance policies required by this section shall be
maintained by the grantee throughout the term of the telecommunications license
or franchise, and such other period of time during which the grantee is
operating without a franchise or license hereunder, or is engaged in the removal
of its telecommunications facilities. Each such insurance policy shall contain
the following endorsement:
"It is hereby understood and agreed that this policy may not be cancelled nor
the intention not to renew be stated until 30 days after receipt by the City, by
registered mail, of a written notice addressed to the City Manager of such
intent to cancel or not to renew,"
F.Within sixty (60) days after receipt by the City of said notice, and in no
event later than thirty (30) days prior to said cancellation, the grantee shall
obtain and furnish to the City replacement insurance policies meeting the
requirements of this Section.
Sec. 440-36: General Indemnification: Each license or franchise agreement shall
include, to the extent permitted by law, grantee's express undertaking to
defend, indemnify and hold the City and its officers, employees, agents and
representatives harmless from and against any and all damages, losses and
expenses, including reasonable attorney's fees and costs of suit or defense,
arising out of, resulting from or alleged to arise out of or result from the
negligent, careless or wrongful acts, omissions, failures to act or misconduct
of the grantee or its affiliates, officers, employees, agents, contractors or
subcontractors in the construction, operation, maintenance repair or removal of
its telecommunications facilities, and in providing or offering
telecommunications services over the facilities or network, whether such acts or
omissions are authorized, allowed or prohibited by this Chapter or by a grant
agreement made or entered into pursuant to this Chapter.
Sec. 440-37: Performance and Construction Surety: Before a license or franchise
granted pursuant to this Chapter is effective, and as necessary thereafter, the
grantee shall provide and deposit such monies, bonds, letters of credit or other
instruments in form and substance, acceptable to the City as may be required by
this Chapter or by an applicable license or franchise
Sec. 440-38: Security Fund: Each grantee shall establish a permanent security
fund with the City by depositing the amount of $50,000.00 with the City in cash,
an unconditional letter of credit, or other instrument acceptable to the City,
which fund shall be maintained at the sole expense of grantee so long as any of
grantee's telecommunications facilities are located within the public ways of
the City.
A.The fund shall serve as security for the full and complete performance of
this Title, including any costs, expenses, damages or loss the City pays or
incurs because of any failure attributable to the grantee to comply with the
codes, ordinances, rules, regulations or permits of the City.
B.Before any sums are withdrawn from the security fund, the City shall give
written notice to the grantee:
1.describing the act, default or failure to be remedied, or the damages,
costs or expenses which the City has incurred by reason of grantee's act or
default;
2.providing a reasonable opportunity for grantee to first remedy the
existing or ongoing default or failure, if applicable;
3.providing a reasonable opportunity for grantee to pay any monies due the
City before the City withdraws the amount thereof from the security fund, if
applicable;
4.that the grantee will be given an opportunity to review the act, default
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or failure described in the notice with the City Manager or his designee.
C.Grantees shall replenish the security fund within fourteen (14) days after
written notice from the City that there is a deficiency in the amount of the
fund.
Sec. 440-39: Construction and Completion Bond: Unless otherwise provided in a
license or franchise agreement, a performance bond written by a corporate surety
acceptable to the City equal to at least 100% of the estimated cost of
constructing grantee's telecommunications facilities within the public ways of
the City shall be deposited before construction is commenced.
A.The construction bond shall remain in force until sixty (60) days after
substantial completion of the work, as determined by the City, including
restoration of public ways and other property affected by the construction.
B.The construction bond shall guarantee, to the satisfaction of the City:
1.timely completion of construction;
2.construction in compliance with applicable plans, permits, technical codes
and standards;
3.proper location of the facilities as specified by the City;
4.restoration of the public ways and other property affected by the
construction, agreement.
5.the submission of "as-built" drawings after completion of the work as
required by this Chapter;
6.timely payment and satisfaction of all claims, demands or liens for labor,
material or services provided in connection with the work.
Sec. 440-40: Coordination of Construction Activities: All grantees are required
to cooperate with the City and with each other.
A.By February 1 of each year, grantees shall provide the City with a
schedule of their proposed construction activities in, around or that may affect
the public ways.
B.Each grantee shall meet with the City, other grantees and users of the
public ways annually or as determined by the City to schedule and coordinate
construction in the public ways.
C.All construction locations, activities and schedules shall be coordinated,
as ordered by the City, to minimize public inconvenience, disruption or damages.
Sec. 440-41: Assignments or Transfers of Grant: Ownership or control of a
telecommunications system, license or franchise may not, directly or indirectly,
be transferred, assigned or disposed of by sale, lease, merger, consolidation or
other act of the grantee, by operation of law or otherwise, without the prior
consent of the City, which consent shall not be unreasonably withheld or
delayed, as expressed by ordinances and then only on such reasonable conditions
as may be prescribed therein.
A.No grant shall be assigned or transferred in any manner within twelve (12)
months after the initial grant of the license or franchise, unless otherwise
provided in a license or franchise agreement.
B.Absent extraordinary and unforeseeable circumstances, no grant, system or
integral part of a system shall be assigned or transferred before construction
of the telecommunications system has been completed.
C.Grantee and the proposed assignee or transferee of the grant or system
shall provide and certify the following information to the City not less than
one hundred and fifty (150) days prior to the proposed date of transfer:
1.Complete information setting forth the nature, terms and condition of the
proposed transfer or assignment;
2.All information required of a telecommunications license or franchise
applicant pursuant Sections 440-7 or 440-14 of this Chapter with respect to the
proposed transferee or assignee;
3.Any other information reasonably required by the City.
D.No transfer shall be approved unless the assignee or transferee has the
legal, technical, financial and other requisite qualifications to own, hold and
operate the telecommunications system pursuant to this Title.
E.Unless otherwise provided in a license or franchise agreement, the grantee
shall reimburse the City for all direct and indirect fees, costs, and expenses
reasonably incurred by the City in considering a request to transfer or assign a
telecommunications license or franchise.
F.Any transfer or assignment of a telecommunications grant, system or
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integral part of a system without prior approval of the City under this Section
or pursuant to a license or franchise agreement shall be void and is cause for
revocation of the grant.
Sec. 440-42: Transactions Affecting Control of Grant: Any transactions which
singularly or collectively result in a change of ten percent (10%) or more of
the ownership or working control of the grantee, of the ownership or working
control of a telecommunications license or franchise, of the ownership or
working control of affiliated entities having ownership or working control of
the grantee or of a telecommunications system, or of control of the capacity or
bandwidth or grantee's telecommunication system, facilities or substantial parts
thereof, shall be considered an assignment or transfer requiring the City
approval pursuant to Section 440-41 hereof. Transactions between affiliated
entities are not exempt from City approval.
Sec. 440-43: Revocation or Termination of Grant: A license or franchise granted
by the City to use or occupy public ways of the City may be revoked for the
following reasons:
A.Construction or operation in the City or in the public ways of the City
without a license or franchise grant of authorization.
B.Construction or operation at an unauthorized location.
C.Unauthorized substantial transfer of control of the grantee.
D.Unauthorized assignment of a license or franchise.
E.Unauthorized sale, assignment or transfer of grantee's franchise or
license assets, or a substantial interest therein.
F.Misrepresentation or lack of candor by or on behalf of a grantee in any
application to the City.
G.Abandonment of telecommunications facilities in the public ways.
H.Failure to relocate or remove facilities as required in tills Chapter.
I.Failure to pay taxes, compensation, fees or costs when and as due the
City.
J.Insolvency or bankruptcy of the grantee.
K.Violation of material provisions of this Chapter.
L.Violation of the material terms of a license or franchise agreement.
Sec. 440-44: Notice and Duty to Cure: In the event that the City believes that
grounds exist for revocation of a license or franchise, he shall give the
grantee written notice of the apparent violation or noncompliance, providing a
short and concise statement of the nature and general facts of the violation or
noncompliance, and providing the grantee a reasonable period of time not
exceeding thirty (30) days to furnish evidence:
A.That corrective action has been, or is being actively and expeditiously
pursued, to remedy the violation or noncompliance.
B.That rebuts the alleged violation or noncompliance.
C.That it would be in the public interest to impose some penalty or sanction
less than revocation.
Sec. 440-45: Standards for Revocation or Lesser Sanctions: If after a hearing
with due and adequate notice to the grantee the City determines that the grantee
has violated or failed to comply with material provisions of this Chapter, or of
a franchise or license agreement, the corporate authorities shall determine
whether to revoke the license or franchise, or to establish some lessee sanction
and cure, considering the nature, circumstances, "tent and gravity of the
violation as reflected by one or more of the following factors:
A.Whether the misconduct was egregious.
B.Whether substantial harm resulted.
C.Whether the violation was intentional.
D.Whether there is a history of prior violations of the same or other
requirements.
E.Whether there is a history of overall compliance.
F.Whether the violation was voluntarily disclosed, admitted or cured.
ARTICLE IX
CONSTRUCTION STANDARDS
Sec. 440-46: General: No person shall commence or continue with the
construction, installation or operation of telecommunications within the City
except as provided in this Article.
Sec. 440-47: Construction Codes: Telecommunications facilities shall be
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constructed, installed, operated and maintained in accordance with all
applicable federal, state and local codes, rules and regulations including the
National Electrical Safety Code.
Sec. 440-48: Construction Permits: No person shall construct or install any
telecommunications facilities within the City without first obtaining a
construction permit therefore, provided, however:
A.No permit shall be issued for the construction or installation of
telecommunications facilities within the City unless the telecommunications
carrier has filed a registration statement with the City pursuant to Article 3
of this Chapter.
B.No permit shall be issued for the construction or installation of
telecommunications facilities in the public ways unless the telecommunications
carrier has applied for and received a license or franchise pursuant to Articles
4 or 6 of this Chapter.
C.No permit shall be issued for the construction or installation of
telecommunications facilities without payment of the applicable permit fees.
Sec. 440-49: Applications: Applications for permits to construct
telecommunications facilities shall be submitted upon forms to be provided by
the City and shall be accompanied by drawings, plans and specifications in
sufficient detail to demonstrate:
A.That the facilities will be constructed in accordance with all applicable
codes, rules and regulations.
B.The location and route of all facilities to be installed on existing
utility poles.
C.The location and route of all facilities to be located under the surface
of the ground, including the line and grade proposed for the burial at all
points along the route which are within the public ways.
D.The location of all existing underground utilities, conduits, ducts,
pipes, mains and installations which are within the public ways along the
underground route proposed by the applicant.
E.The location of all other facilities to be constructed within the City,
but not within the public ways.
F.The construction methods to be employed for protection of existing
structures, fixtures, and facilities within or adjacent to the public ways.
G.The location, dimension and types of all trees within or adjacent to the
public ways along the route proposed by the applicant, together with a landscape
plan for protecting, trimming, removing, replacing and restoring any trees or
areas to be disturbed during construction.
Sec. 440-50: Engineer's Certification: All permit applications shall be
accompanied by the certification of a registered professional engineer that the
drawing, plans and specifications submitted with the application comply with
applicable technical codes, rules and regulations.
Sec. 440-51: Traffic Control Plan: All permit applications which involve work
on, in, under, across or along any public ways shall be accompanied by a traffic
control plan demonstrating the protective measures and devices that will be
employed, consistent with Uniform Manual of Traffic Control Devices, to prevent
injury or damage to persons or property and to minimize disruptions to efficient
pedestrian and vehicular traffic.
Sec. 440-52: Issuance of Permit: Within forty-five (45) days after submission of
all plans and documents required of the applicant and payment of the permit fees
required by this Chapter, the Commissioner, if satisfied that the applications,
plans and document comply with all requirements of this Chapter, shall issue a
permit authorizing construction of the facilities, subject to such further
conditions, restrictions or regulations affecting the time, place and manner of
performing the work as he may deem necessary or appropriate.
Sec. 440-53: Construction Schedule: The permittee shall submit a written
construction schedule to the Commissioner 10 working days before commencing any
work in or about the public ways. The permittee shall further notify the
Commissioner not less than 2 working days in advance of any excavation or work
in the public ways.
Sec. 440-54: Compliance with Permit: All construction practices and activities
shall be in accordance with the permit and approved final plans and
specifications for the facilities. The Commissioner or his designee shall be
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provided access to the work and such further information as he or she may
require to ensure compliance with such requirements.
Sec. 440-55: Display of Permit: The permittee shall maintain a copy of the
construction permit and approved plans at the construction site, which shall be
displayed and made available for inspection by the Commissioner or his designee
at all times when construction work is occurring.
Sec. 440-56: Survey of Underground Facilities: If the construction permit
specifies the location of facilities by depth, line, grade, proximity to other
facilities or other standard, the permittee shall cause the location of such
facilities to be verified by a registered Illinois land surveyor. The permittee
shall relocate any facilities which are not located in compliance with permit
requirements.
Sec. 440-57: Noncomplying Work: Upon order of the Commissioner, all work which
does not comply with the permit, the approved plans and specifications for the
work, or the requirements of this Chapter, shall be removed.
Sec. 440-58: Completion of Construction: The permittee shall promptly complete
all construction activities so as to minimize disruption of the city ways and
other public and private property. All construction work authorized by a permit
within city ways, including restoration, must be completed within 120 days of
the date of issuance.
Sec. 440-59: As-Built Drawings: Within sixty (60) days after completion of
construction, the permittee shall furnish the City with two (2) complete sets of
plans, drawn to scale and certified to the City as accurately depicting the
location of all telecommunications facilities constructed pursuant to the
permit.
Sec. 440-60: Restoration of Improvements: Upon completion of any construction
work, the permittee shall promptly repair any and all public and provide
property improvements, fixtures, structures and facilities in the public ways or
otherwise damaged during the course of construction, restoring the same as
nearly as practicable to its condition before the start of construction.
Sec. 440-61: Landscape Restoration:
A.All trees, landscaping and grounds removed, damaged or disturbed as a
result of the construction, installation maintenance, repair or replacement of
telecommunications facilities, whether such work is done pursuant to a
franchise, license, permit replaced or restored as nearly as may be practicable,
to the condition existing prior to performance of work.
B.All restoration work within the public ways shall be done is accordance
with landscape plans approved by the City Engineer.
Sec. 440-62: Construction Surety: Prior to issuance of a construction permit,
the permittee shall provide an adequate performance bond.
Sec. 440-63: Exceptions: Unless otherwise provided in a license or franchise
agreement, all telecommunications carriers are subject to the requirements of
this Article 9.
Sec. 440-64: Responsibility of Owner: The owner of the facilities to be
constructed and, if different, the license or franchise grantee, are responsible
for performance of and compliance with all provisions of this Chapter.
Sec. 440-65: Severability: If any section, subsection, sentence, clause, phrase,
or other portion of this Chapter, or its application to any person, is, for any
reason, declared invalid, in whole or in part by any court or agency of
competent jurisdiction, said decision shall not affect the validity of the
remaining portions hereof.
It is hereby certified, pursuant to Section 34 of the Charter, that the
immediate passage of the foregoing ordinance is necessary.
APPROVED AS TO FORM
Edward D. Peace
Corporation Counsel
NOTE: Matter in brackets [ ] to be deleted; matter under-lined is new.
REFERRED TO THE SPECIAL COMMITTEE ON TELECOMMUNICATIONS.
No. 262
By: Messrs. Pitts, Zuchlewski, and Quintana
Public Hearing on Parking
Enforcement in the Theatre District
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WHEREAS:The merchants in the Theatre District and particularly
on Chippewa Street have complained about parking enforcement; and
WHEREAS:While merchants are supportive of enforcement procedures generally
their concern relates to the issuance of summons between 10:00 p.m. and 4:00
a.m.; and
WHEREAS:The area around Chippewa Street has had a marked decline in
patronage. Merchants relate complaints from customers who are upset about
receiving summons and the lack of parking in the area; and
WHEREAS:The merchants have developed some ideas that they would like to
include in a plan to make the entertainment area "parking friendly" which would
boost patronage and welcome new businesses.
NOW, THEREFORE BE IT RESOLVED:
That the Common Council's Legislation Committee hold a Hearing to review the
parking enforcement in the Theatre District; and
BE IT FURTHER RESOLVED:
That the Commissioner of Police, Precinct #3 Captain and the Director of Parking
Enforcement attend.
REFERRED TO THE COMMITTEE ON LEGISLATION, COMMISSIONER OF POLICE, AND
COMMISSIONER OF ADMINISTRATION AND FINANCE.
No. 263
By: Mr. Pitts
In Memoriam
Delmar L. Mitchell
Whereas:Delmar L. Mitchell, a member of the Buffalo Common Council
from 1961 through 1983, was called to his eternal reward on December 16, 1996;
and
Whereas:A leader, conciliator, mentor, historian, statesman, and most
genuinely, a true gentleman, Delmar Mitchell's mark on Buffalo is indelible. A
staunch believer that "Buffalo is greater than any individual", he was the
consummate consensus builder who brought people together and made government
work; and
Whereas:First elected to the old Erie County Board of Supervisors in 1957,
he was named Masten District Councilman in 1961. Twice re-elected, he won an
At-Large Council seat in 1965, became Majority Leader in 1970, and in 1974
earned his 'sweetest victory' when elected Council President; and
Whereas:Delmar Mitchell's legacy extends far beyond his legislative
accomplishments. The friendship and true affection he displayed to people of
all walks of life was returned in kind, and his very special character earned
him the respect and admiration of all fortunate enough to share his company;
Now, Therefore, Be It Resolved:
That the Common Council of the City of Buffalo extends its deepest and
most sincere sympathies to his loving wife Carol and sons Delmar K., Joseph L.,
Gregory D., and Darryl J. at this time of personal loss and sorrow; and
Be it Further Resolved:
That in honor of a man who dedicated his life to the City of Good
Neighbors, this Honorable Body adjourn this day, December 23, 1996, in memory of
Delmar L. Mitchell.
ADOPTED.
No. 264
By: Mr. Pitts
Engrossed Copy
Delmar L. Mitchell
In Memoriam
Now, Therefore, Be It Resolved:
That this Common Council authorize an engrossed copy of an In Memoriam for
Delmar L. Mitchell at a cost not to exceed $200.00.
ADOPTED.
No. 265
By: Mr. Pitts and Mrs. Williams
Buffalo Place Inc. Contract Extension
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Whereas:The previous contract between the City of Buffalo and
Buffalo Place, Inc. was extended through June 30, 1996 and provided funding to
Buffalo Place, Inc. at the annual rate of $80,000 for contracted services; and,
Whereas:The Common Council has approved funding for Buffalo Place, Inc. for
the City fiscal year beginning July 1, 1996 at the same $80,000; and
Whereas:Both the City of Buffalo and Buffalo Place Inc. have agreed that the
contract relationship is mutually beneficial and should be continued; and
Whereas:Buffalo Place Inc. and the City of Buffalo wish to further explore
additional mutually beneficial and cost-effective opportunities in the forging
of a new five-year agreement.
Now, Therefore Be It Resolved That:
The Board of Directors of Buffalo Place, Inc. and Buffalo Place Foundation
authorizes the Administration Committee with the assistance of Counsel to extend
the existing agreement with the City of Buffalo for one year (July 1, 1996 -
June 30, 1997) with the intention of negotiating a new five year agreement prior
to its June 30, 1997 expiration date.
Finally Be It Resolved That:
The Common Council approve the extension of Buffalo Place's contract 'm
accordance with the directive of the Board of Directors of Buffalo Place, Inc.
PASSED
AYES-13. NOES-0.
No. 266
By: Mr. Quintana
Essex Street Pub
Whereas:The Essex Street Pub, located at 530 Rhode Island Street,
Buffalo, has been the source of numerous complaints from area residents and
block clubs for many years; and
Whereas:Neighborhood residents have stated that patrons of this
establishment regularly engage in such behavior as selling and using illegal
drugs in and around the Pub, loud yelling and swearing at all hours, public
urination, illegal parking on the sidewalks, breaking bottles and littering,
frequent fist-fights, and prostitution; and
Whereas:The management of the Pub apparently condones this continuing
pattern of illegal activity, and has reportedly had the liquor license suspended
for serving alcohol to under-age customers; and
Whereas:Many crimes have apparently been committed in and around the Essex
Street Pub, and it was reported in the Buffalo News that Wendy Kashuba was seen
snorting cocaine there shortly before her death in 1994; and
Whereas:It also appears that Pub management has openly flaunted laws of the
City of Buffalo, and is presently operating in direct violation of various
statutes regulating the operation of such an establishment; and
Whereas:Chapter 511-28, Section D of the Zoning Code provides that the sale
of alcoholic beverages "shall not be allowed on a lot in a C1 District which lot
is located in the same block frontage as any R District or in frontage directly
across the street from any R District;" the Pub is in a C1 District and its
frontage directly faces an R District; and
Whereas:Live music has been played at the Essex Street Pub, both indoors and
outside on the patio even though a music license was never granted to the
owners; and
Whereas:The pub is apparently in violation of the terms and conditions of
the outdoor cafe that it was permitted to construct; and
Whereas:Property owners and tenants of the area are finding their quality of
life and their property values being sacrificed by an unscrupulous business
owner who has no concern for the surrounding community; and
Whereas:The good, law-abiding citizens who live in the area surrounding the
Essex Street Pub do not deserve to have to endure the intolerable conditions
that now exist,
Now, therefore be it resolved:
That the Zoning Board of Appeals file a written report detailing how and
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why the Essex Street Pub has been allowed to operate in clear violation of the
Zoning Code, and what can and will be done to rectify this situation; and
Be it further resolved:
That the Planning Board be requested to file a report on this property,
specifically pertaining to whether the outdoor cafe is in compliance; and
Be it further resolved:
That the Inspections Department be requested to submit its most recent
inspection reports on 530 Rhode Island; and
Be it further resolved:
That the Buffalo Police Department be requested to provide a report of all
calls to that location for the past five years; and
Be it further resolved:
That the State Liquor Authority be asked to provide its files regarding
the Essex Street Pub, and to take action against the Essex Street Pub in order
to ensure its compliance with New York State laws or to suspend or terminate
their liquor license; and
Be it further resolved:
That the Law Department be requested to render its legal opinion regarding
the problems detailed in this resolution and provide advice, in executive
session if necessary, as to what legal action can be taken to curtail the
illegal operation of the Essex Street Pub; and
Be it finally resolved:
That this Honorable Body extend an invitation to the ownership and
management of the Essex Street Pub to answer the above mentioned allegations
before the Committee on Legislation at the Tuesday, January 14, 1997, meeting
which will take place at 2:00 PM in Council Chambers, 13th floor, City Hall.
Be it further resolved:
That the Law Department take immediate steps to revoke the license of the
Essex Street Pub.
REFERRED TO THE COMMITTEE ON LEGISLATION, CORPORATION COUNSEL, ZONING BOARD,
COMMISSIONER OF POLICE, AND STATE LIQUOR AUTHORITY.
No. 267
By: Mrs. Williams
Cancer Survivors Park
Whereas:The City of Buffalo has been awarded an $850,000 Grant
from the R. A. Bloch Cancer Foundation to develop a Cancer Survivors Park at the
area bounded by Washington, Ellicott, North Division and South Division Streets;
and
Whereas:The proposed site for the Cancer Survivors Park is park land owned
by the State of New York Department of Transportation; and
Whereas:The State of New York is willing to transfer the property to the
City of Buffalo by quitclaim deed for the sum of $1.00 (One Dollar) and
Whereas:The Common Council must authorize the City to accept the property in
order for the Cancer Survivors Park to become a reality.
Now Therefore Be It Resolved:
That the Common Council does hereby authorize the Comptroller, on behalf
of the City of Buffalo, to acquire the land bounded by Washington, Ellicott,
North Division and South Division Streets from the State of New York Department
of Transportation for the sum of $1.00 (One Dollar); and
Be It Further Resolved:
That the Corporation Counsel be and he hereby is authorized to prepare any
and all necessary documents to complete this transaction; and
Be It Finally Resolved:
That the Comptroller be and he hereby is authorized to execute and deliver
any and all necessary documents to acquire this property.
PASSED.
AYES-13. NOES-0.
No. 268
By: Mrs. Williams
Investigate possibility of alternate parking on Johnson Park
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Whereas:Johnson Park is one of the few cul-de-sac's in the Ellicott
District; and
Whereas:A number of residents residing on Johnson Park, west of Elmwood,
have experienced numerous problems with driving on this section of the street
after an accumulation of snow has fallen; and
Whereas:Residents and emergency vehicles are nearly prevented from entering,
exiting or safely parking on Johnson Park; and
Whereas:During the winter months snow plows can not effectively remove the
snow because cars are allowed to park on both sides of the street; and
Whereas:Currently there are no parking restrictions designating alternate
parking.
Whereas:Alternate parking would allow the city Streets & Sanitation
Department to effectively remove snow;
Now, Therefore, Be It Resolved:
That the Department of Public Works immediately investigate the
possibility of designating on-street alternate parking on Johnson Park, west of
Elmwood Avenue, during the winter season; and
Be it Further Resolved:
That the Department of Public Works give a full report of its
investigation and recommendation to this Common Council.
REFERRED TO THE COMMITTEE ON LEGISLATION AND COMMISSIONER OF PUBLIC WORKS.
AYES- BROWN, COPPOLA, CZAJKA, FRANCZYK, GRAY, HELFER, KAVANAUGH, LOCKWOOD,
LOTEMPIO, QUINTANA, WILLIAMS, ZUCHLEWSKI- 12.
NOES- PITTS-1.
No. 269
By: Mrs. Williams & Mr. Brown
Establish Payroll Deduction Plan
for United Negro College Fund
Whereas:The United Negro College Fund has provided thousands of
young people in this country and throughout the world with the opportunity to
receive a college education; and
Whereas:The UNCF, founded in 1944, has generated over $ 1 Billion in support
for member colleges, with Western New Yorkers annually contributing
approximately $200,000; and
Whereas:The United Negro College Fund Public Employees Division has greatly
benefitted from a payroll deduction plan that enables employees to contribute
directly to UNCF. The Buffalo Board of Education and Erie County participate in
the Payroll Deduction Plan; and
Whereas:The City of Buffalo has been requested by the United Negro College
Fund Public Employees Division to implement a payroll deduction procedure for
its employees;
Now, Therefore, Be It Resolved:
That this Common Council support and endorse the creation of a payroll
deduction plan for city employee participation for donations to the United Negro
College Fund; and
Be it Further Resolved:
That the City Comptroller be asked to undertake any and all necessary
procedures to implement a payroll deduction plan for UNCF; and
Be it Finally Resolved:
That the City Clerk forward a certified copy of this resolution to The
College Fund/UNCF, 135 Delaware Avenue, Suite 401, Buffalo, NY 14202.
ADOPTED.
No. 270
By: Mrs. Williams
Grant Easement to 98 Delaware
Whereas:Allright Parking Buffalo, Inc., located at 98 Delaware
Avenue is requesting to construct a permanent fixture on City property. This
fixture- a New Period Style fence which is wrought-iron like, would be placed
two feet onto city Property; and
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Whereas:This new fence will be placed where the old car barriers previously
existed and it will not infringe on the pedestrian right-of-way.
Whereas:An easement is required from the City of Buffalo for a two feet
access on the pedestrian right of way at 98 Delaware Avenue; and
Now, Therefore Be It Resolved:
That the Common Council request that the Corporation Counsel and the
Department of Public Works comment on the feasibility of Allright Parking
Buffalo, Inc.'s request; and
Be It Further Resolved That:
This Council requests the Corporation Counsel and the Department Public
Works to report back to this Honorable Body by the next Filing Date.
REFERRED TO THE COMMITTEE ON LEGISLATION, CORPORATION COUNSEL AND COMMISSIONER
OF PUBLIC WORKS.
No. 271
By Mr. Zuchlewski
Felicitations/In Memoriam
Attached hereto are Felicitation and In Memoriam Resolutions sponsored
by Members of the Common Council as indicated:
Felicitation for Sister Rise Marie Shaver
By Councilmember Lockwood
Felicitation for Henry Pollard
By Councilmember Pitts
ADOPTED.
No. 272
By: Mr. Zuchlewski
Appointments Commissioner of Deeds
Required-Performance Of Public Duties
That the following persons are Hereby appointed as Commissioner
of Deeds for the term ending December 31, 1998 , conditional upon the person so
appointed certifying, under oath, to their qualifications and filing same with
the City Clerk:
Donna L. Mohan-Grace
Russell Charles Link
Jose R. Rodriguez
Jennifer Fecio McDougall
Barbara Miller-Williams
Robert Quintana
Daniel Derenda
Gwendolyn Williams
Darla J. Schwanz
Mary K. Gannon
Arlene Benbenek
Sheila M. Gervase
Lois J. Simonsen
Cheryl L. Hils
Elaine F. Pinski
Lynn E. Gedraitis
Karen M. Ortiz
John E. Davidson
David H. Dwczarzak
Heta B. Martin
Judith A. Bartlett
Theresa A. Sullivan
Gary J. Szczesny
Susan M. Otto
Cheryl L. Matter
Virginia A. Everett
Deborah R. Blatt
Maria L. Dempsey
Rose Marie Kuta
Helen T. Nigro
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Geraldine A. Barone
John M. Abraham
Anne Adams-Smutzer
Olivia A. Dragone
Barbara Duk
Gladys G. Herndon
Diane C. Lemanski
Carolyn A. Lenczyk
Willie McLaughlin
Phyllis A. Rossi
Barbara A. Slisz
Mary C. Donohue
Joseph S. Sperrazza
Linda J. Donovan
Jean Polino
Deborah L. Burgatahler
David Frey
Reginald Hocking
Glenda Lake
Joseph L. Maciejewski
Mary Mackey
Mary Nagel
Michael Byron
Peter M. Czombel, Jr.
Audrey Nuwer
Maria Pryndota
Kathleen Smith
Margaret Starzynski
Laverna S. Armbruster
Jacqueline A. Blachowski
Dennis J. Crangle
Nancy M. Cullinan
Kathy M. Koscielniak
Shawn Mathowson
Michael A. Smyntek
Kimberly L. Beaty
Vernon K. Beaty
Michelle C. Brooks
Lynell W. Chestnut
Alpha LaVada
James T. Dee
Benjamin Crespo
Albert Dainiani
Johnnie A. Fritz
Mary Pat Kaempf
John P. King
Patrick Mann
Thomas Mudd
Danny Owens
Frank A. Relosky
Deborah M. Rodriguez
David Sadlocha
Deborah A. Losardo
Thomas M. Tarapacki
Beverly Gray
James W. Perry
Suzanne M. Pacholski
Deborah R. Zdon
Theresa D. Andruszko
Susan D. Evans
Sara J. Hibbard
Margaret Kasper
Catherine E. Keane
Page 83
96-1223.txt
Diane Kloss
Ann S. Marchese
Elaine Taylor
Debra R. Tout
Kathleen Palka Armstrong
Peter Barone
Bridget M. Carpino
Angela J. Fillippone
Bruce L. Fisher
Kathleen A. Gregoire
Pamela L. Grzebielucha
Nancy A. Hammond
John P. Hannon Jr.
Patrick K. Irwin
Lawrence D. Jasinski
William Murphy
Andrew SanFilippo
Judy A. Winnert
John Benitez
Joanne W. Browne
Patti A. Calandra
Ronald B. Carey
Joel M. Carter
Richard W. Degnan
John J. Fahey
Anthony Fasanello
Russell A. Fioella
Robert A. Gemerek
Maxine E. Hare
Robert Hickey
Lucille C. Hicks
John Holenski
Jane Lussier
John J. Meegan
James W. Perry
Robert W. Rice
Barry R. Romeo
David Rosolowski
Eric J. Rosser
Peter J. Schifferli
Francis X. Schwab
Marquerite L. Spears
Robert C. Swan
Thomas G. Sztaba
Charles F. Cutrona
Maria D. Garozzo-Payne
David G. Gilling
John A. Grieco Jr.
Eric D. Herndon
Robert E. Honan
Mary C. Jackson
Joseph Koscielniak
Phillip Kozerski
Anthony Krayna
James P. Larkin
Ann Marie R. LoFaso
Daniel P. Lombardo
Susan Majewski
Rachelle Malek
Sandra Marciniak
Bruna Michaux
Carl M. Nasca
Rosemary Rooney
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96-1223.txt
Joseph Sole
Cynthia L. Walczak
Cheryl A. Yeates
Rosemary Fasco
Chester J. Paluch, Jr.
Shirley Fay
ADOPTED.
No. 273
By: Mr. Zuchlewski
Appointments Commissioner of Deeds
That the following persons are hereby appointed as Commissioner
of Deeds for the term ending December 31, 1998, conditional upon the person so
appointed certifying under oath to their qualifications and filing same with the
City Clerk:
Michael R. O'Connor
Mari Walterich
Dorothy Groblewski
Gloria R. Bogdan
Judith J. Pahnos
Stephen De Marie
Ann DeGeorge
Luann M. Goettel
Dorothy Smith-Bell
JoAnn Poulsen
Annmarie Higgins
Mary P. Schreiner
Lisa M. Piecki
Katherine Weinzler
Linda M. Savage
William D. Savage
Carol A. Benz
Margaret D. Brown
Joyce S. Jowdy
Scott W. Gehl
Rita M. Eisenbeis
Dow W. Griffith
Dena M. Stainsby
Dorothy L. Brown
Edwin Kasperek
Robert J. Baldes, Jr.
Stephanie McAllister
Maureen M. Geoghan
Maureen Wilson
Madonna Kaminski
Jessica Rodriguez
Ellen Hoffman
Nora A. Diggins
Jill Crist
Gail Buch
Louise B. Szymczak
Deborah A. Cascio
Olga Dranka
Virlee Townsel
Marylou Altieri
Shirley A. Graziadei
Geraldine C. Caul
Lawrence Kent
Dolores E. Leahy
Joan Gruszecki
Donald M. Dade
Laura A. Weigand
Carolyn C. Kaiser
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Priscilla G. Scott
Florence Cirino
Elaine Vandi
Lum Smith
Cheryl B. Sturtevant
Dorothy J. Wagstaff
Barbara A. Peoples
ADOPTED.
UNFINISHED BUSINESS
No. 274
Bond Res.- $500,000- Renovate Apollo Theater
(Item #195, CCP, Dec. 10, 1996)
Mrs. LoTempio moved that the above be taken from the table
Second by Mr. Czajka.
Carried.
Mrs. LoTempio now moved that the above Bond Resolution be and the same is hereby
approved.
Second by Mr. Czajka.
PASSED.
AYES-13. NOES-0.
No. 275
Announcement of Committee Meetings
The following meetings are scheduled. All meetings are held in
the Council Chambers, 13th floor, City Hall, Buffalo, New York, unless otherwise
noted.
Regular Committees
Civil Service Monday, December 30, 1996 9:30 a.m.
FinanceMonday, December 30, 1996 - following Civil
LegislationMonday, December 30, 1996 2:00 p.m.
Committee on Education until further notice
No. 276
Adjournment
On a motion by Mrs. LoTempio, seconded by Mr. Brown, the Council
adjourned at 4:10 p.m.
Charles L. Michaux III
City Clerk
Page 86