HomeMy WebLinkAbout92-0512
1No. 10
Common Council
Proceedings
of the
City of Buffalo
Regular Meeting, May 12, 1992
MAYOR
Hon. James D. Griffin
COMPTROLLER
Joel A. Giambra
COMMON COUNCIL
PRESIDENT OF THE COUNCIL
George K. Arthur
PRESIDENT PRO TEMPORE
David A. Franczyk
MAJORITY LEADER
Eugene M. Fahey
COUNCILMEMBERS-AT-LARGE
Clifford Bell
Eugene M. Fahey
Rosemarie LoTempio
DISTRICT COUNCIL MEMBERS
Alfred T. Coppola - Delaware
James W. Pitts - Ellicott
David A. Franczyk - Fillmore
Norman M. Bakos - Lovejoy
David A. Collins - Masten
Carl A. PerIa Jr. - Niagara
Dale Zuchlewski - North
Brian M. Higgins - South
Archie L. Amos, Jr. - University
REGULAR COMMITTEES
CIVIL SERVICE COMMITTEE
: James W. Pitts, Chairman,
George K. Arthur, Alfred T. Coppola, Eugene M. Fahey,
Carl A. Perla, Jr. Members
CLAIMS COMMITTEE:
Brian Higgins, Chairman, Archie L. Amos, David Franczyk,
Rosemarie LoTempio, Carl A. Perla, Jr., Members
ECONOMIC DEVELOPMENT COMMITTEE
: Clifford Bell, Chairman, Archie L Amos, Jr.,
David Collins, David A. Franczyk,
Alfred Coppola, James W. Pitts, Members.
FINANCE COMMITTEE
: David Collins, Chairman,
Clifford Bell, Eugene M. Fahey, David A. Franczyk,
Brian M. Higgins, Carl A. PerIa, Jr., Members.
LEGISLATION COMMITTEE:
Alfred Coppola, Chairman,
Archie L. Amos, Jr., Norman M. Bakos, Rosemarie LoTempio,
James Pitts, Dale Zuchlewski Members
RULES COMMITTEE
: George K. Arthur, Chairman, Eugene M. Fahey, James W. Pitts,
Members
URBAN RENEWAL:
Archie L. Amos, Jr., Chairman, David A. Franczyk., Brian M.
Higgins, Rosemarie Lotempio, Carl A. Perla, Jr.
SPECIAL COMMITTEES
SPECIAL COMMITTEE ON BUDGET
: Hon. Archie L. Amos, Jr., Chairperson, Hon. Norman
M. Bakos, Hon. Eugene M. Fahey, Hon. James W. Pitts, Hon. Dale Zuchlewski, Hon.
Joel A. Giambra, Mr. Richard Planavsky.
SPECIAL COMMITTEE ON CATV
: Hon. James W. Pitts, Chairman, Hon. Archie L. Amos,
Hon. Brian M. Higgins, Hon. Rosemarie LoTempio, Dale Zuchlewski.
PARKS DEPARTMENT OVERSIGHT COMMITTEE
: James W. Pitts, David A. Franczyk,
Rosemarie LoTempio, Joel A. Giambra/Designee, Samuel F. Houston/Designee, John
Scardino, Jr., Representative of the Friends of Olmstead Park, Representative
of Delaware Park Steering Committee Representative of Martin Luther King Park
Steering Committee, Representative of the Friends of Cazenovia Casino.
TASK FORCES
TASK FORCE- AUDITORIUM-STADIUM:
Hon. James W. Pitts, Chairman, Hon. Alfred T.
Coppola, Hon. Eugene M. Fahey, Hon. Dale Zuchlewski, Henry Nowak, Anthony
Masiello, Dennis Gorski, Roger Blackwell, Vincent Tese, Charles Rosenow, George
Gould, George Wessel, William Greely, Women for Downtown/Designee, Donald
Quinlan, Rev. Bennett Smith.
MEDICAL BENEFITS TASK FORCE:
Richard J. Piontek, Larry Insinna, Mary Ann
Sansone, Charles W. Pruet, M.D., Leo C. Welsh, David Donnelly, Thomas J.
Carella, John Walker, John D. Smith.
EDUCATION FUNDING FORMULA REVIEW TASK FORCE-
Hon. Brian M. Higgins, Chairman;
Hon. Archie L. Amos, Hon. Dale Zuchlewski, Judith Fisher, Mozella Richardson,
Dr. Oscar Smuckler.
POLICE REORGANIZATION TASK FORCE-
Hon. Eugene M. Fahey, Chairman; Hon. George
K. Arthur, Hon. Clifford Bell, Hon. Rosemarie LoTempio, Michael Trimboli, Ralph
Degenhart, Edward C. Hempling, Richard Donovan, Kenneth R. Kirby, Richard
Planavsky, George J. Panepinto, Martha Dippel, James J. McMahon, Craig Speers,
William Dunford, Levirn Hill, John V. Elmore.
STREETS DEPARTMENT OVERSIGHT TASK FORCE-
Hon. Alfred T. Coppola, Chairman; Hon.
Brian M. Higgins, Hon. Dale Zuchlewski, Bart Sumbrum/Designee, John Scardino.
CORPORATION PROCEEDINGS
COMMON COUNCIL
CITY HALL - BUFFALO
Tuesday, May 12, 1992
at 2:00 P.M.
PRESENT - George K. Arthur, President of the Council, and Council Members Amos,
Bakos, Bell, Collins, Coppola, Fahey, Franczyk, Higgins, LoTempio, Perla,
Pitts, and Zuchlewski - 13.
ABSENT - None.
On a motion by Mr. Fahey, seconded by Mr. Higgins, the minutes of the stated
meeting held May 7, 1992, and the adjourned session held May 11, 1992, were
approved.
FROM THE MAYOR
No. 1
Veto Message - Nicholas Costantino
Vernon Triangle Park
(Item No. 131, C.C.P., 4/28/92)
The above resolution concerns publicly- owned land constituting
a public right-of-way, which public area is landscaped with monies from a
federal grant.
The resolution purportedly gives a "mere license" to the abutting land
owner to enclose the public area with a fence and to restrict access to patrons
of the business located on the abutting owner's property.
I am advised that the resolution illegally contemplates conveyance of
public rights to a private party without benefit of the necessary findings to
justify the effective abandonment of and conveyance of publicly- owned property
and rights-of-way and without going through the proper procedures provided in
the Charter.
For the above reasons, I am compelled to veto the resolution.
REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CORPORATION COUNSEL.
FROM THE MAYOR -EXECUTIVE DEPARTMENTS
FROM THE CITY PLANNING BOARD
No. 2
M. Schneider - Request to place a sidewalk cafe in the
right-of-way of 45 Court St.
(Item No. 31, C.C.P., April 28, 1992)
The City Planning Board at its regular meeting held Tuesday, May
5, 1992, considered the above request pursuant to Section 387-19 of the Buffalo
Code, Review of Sidewalk Cafes.
The applicant sought to place a 9 foot by 25 foot (225 square feet)
sidewalk cafe in the right-of-way of 45 Court Street, -which would have
restricted the sidewalk to 2 feet due to the placement of the raised
planter/seats on Court Street. Under S.E.Q.R., the proposed sidewalk cafe is
considered a Type II action which does not require further environmental
review.
The Planning Board, while cognizant of the need to encourage such uses,
could not recommend approval of the cafe as presented. Therefore, the Board
voted to approve the proposed cafe on the following conditions:
1. That the cafe be placed no closer than 5 feet from the
seat edge of the newly installed planters,
2. That no music be played in the cafe area,
3. That no trash receptacles be placed in the cafe area,
and
4. That the cafe be opened no later than 11:00 p.m. daily.
RECEIVED AND FILED.
No. 3
N. Bufalino - Request to place a portable sign in the right-of-way of 1195
Hertel Ave.
(Item No. 95, C.C.P., April 28, 1992)
The City Planning Board at its regular meeting held Tuesday, May
5, 1992, considered the above application pursuant to Section 387-27-31, and
413-67 of the Buffalo Code, the Council's Review of Portable Signs and the
Review of Right-of-Way Encroachments.
The applicant seeks to place a 6 foot by 8 foot (48 square feet) portable
sign in the right-of-way for a period of 30 consecutive days beginning with the
issuance of a portable sign permit by the Commissioner of Public Works. The
purpose of the sign will be to advertise the opening of a new business. Under
S.E.Q.R., the proposed sign is considered a Type II action which does not
require further environmental review.
The Planning Board voted to approve the proposed sign on the condition
that it is removed promptly after the expiration date of the sign permit.
RECEIVED AND FILED.
No. 4
J. Santor - Application to convert
a vacant retail store to a take-out restaurant at
1292-1300 Hertel Ave.
(Item No. 96, C.C.P., April 28, 1992)
The City Planning Board at its regular meeting held Tuesday, May
5, 1992, considered the above application pursuant to Section 511-59 of the
Buffalo Code, The Hertel Avenue Special Zoning District.
The applicant seeks to convert a vacant retail store into a take-out
restaurant. The proposed restaurant will be approximately 1500 square feet in
area. The applicant is also proposing to place an accessory sign measuring 15
feet by 29 inches and mounted flush against the building.
The site is located in a "C2" zone which permits such uses. The special
district, however, considers the establishment of eating and drinking places to
be restricted uses which require the approval of Your Honorable Body. The
proposed sign also complies with the sign requirements of the "C2" zone. Ten
off-street parking spaces would be suggested which can be satisfied by existing
public parking lots in the area. Lastly, under S.E.Q.R. the proposed
restaurant is considered an unlisted action which may be studied through
uncoordinated review.
The Planning Board voted to approve the proposed restaurant.
RECEIVED AND FILED.
No. 5
Braun Cadillac - Application to place an illuminated, pole mounted, accessory
sign at 2421 Main St.
(Item No. 97, C.C.P., April 28, 1992)
The City Planning Board at its regular meeting held May 5, 1992,
considered the above request pursuant to Section 387-19 of the Buffalo Code,
Review of Pole Signs.
The applicant seeks to place an illuminated pole sign which will have a
sign face area of 245 square feet and an overall height of 47 feet.
The site is located in a "CM" zone which permits such accessory signs.
Under S.E.Q.R., the sign is considered a Type II action which does not require
further environmental review.
The Planning Board voted to approve the proposed sign.
RECEIVED AND FILED.
No. 6
Brondy Real Estate Co. - Application To Erect an Illuminated, accessory, pole
at sign at 2565 Bailey Ave.
(Item No. 98, C.C.P., April 28, 1992)
The City Planning Board at its regular meeting held Tuesday, May
5, 1992, considered the above application pursuant to Section 387-19 of the
Buffalo Code, Review of Pole Signs.
The applicant seeks to place an illuminated, accessory, pole sign which
will measure 6 feet by 8 feet, or 48 square feet in sign face area, and 20 feet
in overall height.
The site is located in a "C2" zone which permits such accessory signs.
Under S.E.Q.R., the proposed sign is considered a Type II action which does not
require further environmental review.
The Planning Board voted to approve the proposed sign.
RECEIVED AND FILED.
No. 7
Nicholas Costantino - Request to purchase Vernon Triangle.
(Item No. 86, C.C.P., January 21, 1992)
The City Planning Board at its regular meeting held Tuesday, May
5, 1992, considered the above request pursuant to Section 317.1 of the City
Charter, Review of Right-of-Way Abandonments.
The Planning Board voted to approve the granting of a "mere license" in
keeping with the condition which dour Honorable Body enumerated in item No.
131, C.C.P., April 28, 1992.
RECEIVED AND FILED.
No. 8
Ordinance Amendment for Non-Accessory Signs
(Item No. 163, C.C.P., March 3, 1992)
The City Planning Board at its regular meeting held Tuesday, May
5, 1992, considered the above ordinance amendment pursuant to Section 317.1 of
the City Charter - referrals from the Common Council.
The Planning Board voted to receive and file the proposed legislation
until involved City departments have been allowed the opportunity to review it.
The Planning Board looks forward to a review of this important
legislation.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 9
Ordinance Amendment for Non-Accessory Signs
(Item No. 167, C.C.P. March 3, 1992)
The City Planning Board at its regular meeting held Tuesday, May
5, 1992, considered the above ordinance amendment pursuant to Section 317.1 of
the City Charter - referrals from the Common Council.
The Planning Board voted to receive and file the proposed legislation
until involved City departments have been allowed the opportunity to review it.
The Planning Board looks forward to a review of this important
legislation.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 10
Ordinance Amendment for Non-Accessory Signs
(Item No. 168, C.C.P. March 3, 1992 )
The City Planning Board at its regular meeting held Tuesday, May
5, 1992, considered the above ordinance amendment pursuant to Section 317.1 of
the City Charter - referrals from the Common Council.
The Planning Board voted to receive and file the proposed legislation
until involved City departments have been allowed the opportunity to review it.
The Planning Board looks forward to review of this important legislation.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 11
Rev. J. Long - Request to use 50 Wyoming
for a halfway house for refugees.
(Item No. 85, C.C.P., April 28, 1992)
The City Planning Board at its regular meeting held Tuesday, May
5, 1992, considered the above request pursuant to Section 511-94 of the Buffalo
Code, Council Review of Halfway Houses.
The applicant- VIVE, an organization for world refugees, seeks to use the
south wing of the former St. Matthew's Parochial School as a county- sponsored
halfway house for immigrants awaiting entry into Canada. Approximately 100
individuals (including families) will be housed for a maximum of 6 weeks while
their requests for Canadian citizenship are being processed.
Halfway houses are permitted in any "R" zone in the city, provided
however that your Honorable Body approves. In this instance, local community
support has been expressed for the VIVE operation. Under S.E.Q.R., the
proposed use is considered an unlisted action which may be studied through
uncoordinated review.
The Planning Board voted to approve the requested halfway house.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 12
Hawley Development - Request to place an illuminated pole sign at 117-119
Colvin Ave.
(Item No. 94, C.C.P., April 28, 1992)
The City Planning Board at its regular meeting held Tuesday, May
5, 1992, considered the above application pursuant to Sections 387-19 and
431-67 of the Buffalo code, Review of Pole Signs and Encroachments on the
Right-of-Way.
The applicant seeks to place an accessory illuminated pole sign measuring
6 feet by 8 feet in sign face area (48 square feet) and 20, feet in overall
height. The sign will also encroach the right-of-way at Linden and Colvin
Avenues.
Since the site is located in an "R2" zone which prohibits such signs, the
Planning Board voted to deny the proposed sign.
REFERRED TO THE COMMITTEE ON LEGISLATION.
FROM THE COMPTROLLER
No. 13
Certificate of Necessity
Increased Appropriation
New York State Revenue
Debt Service & Related Charges
We, James D. Griffin, Mayor and Joel A. Giambra, Comptroller,
do hereby certify, pursuant to Section 41 of the Charter, that an increase in
the sum of $5,420,657 in the estimates for the fiscal year beginning July l,
1991 is necessary in Appropriation Allotments - Debt Service and Related
Charges to meet a contingency which could not have been reasonably foreseen
when the budget was adopted. The amount of increased appropriation will be met
from an increase in the General Fund - New York State Revenue account
100-504-403-85930 - Emergency Financial Aid to Eligible Municipalities not
otherwise appropriated for any other purpose. The detail of the requirements
are set forth below:
DATED: BUFFALO, NEW YORK, MAY 5, 1992
RECEIVED AND FILED.
No. 14
Certificate of Determination
$17,077,000 Budget Notes
CERTIFICATE OF DETERMINATION BY THE COMPTROLLER AS TO THE AUTHORIZATION,
ISSUANCE, FORM AND CONTENT, SALE AND AWARD OF $17,077,000 BUDGET
NOTES-1991/1992 OF THE CITY OF BUFFALO, NEW YORK.
The Notes are hereby sold at private sale to Donaldson, Lufkin & Jenrette
Securities Corp., New York, New York as Underwriter between said Underwriter
and the City. The Notes will be dated May 7, 1992 and will bear interest at
the rate of (5.00%) per annum, payable on December 31, 1992.
The Notes will be delivered and shall be paid for on or about May 7, 1992
in New York, New York.
A Supplemental Official Statement may be obtained from the offices of the
financial advisor to the City, Government Finance Associates, Inc. of New York,
in New York, at (212) 809-5700, or the office of the Comptroller, Room 1225
City Hall, Buffalo, New York, at (716) 851-5255.
RECEIVED AND FILED.
No. 15
CERTIFICATE OF NECESSITY
INCREASED APPROPRIATION
APPROPRIATION ALLOTMENTS -
RESERVED FUND BALANCE
DIVISION OF INVENTORY & STORES
We, James D. Griffin, Mayor and Joel A. Giambra, Comptroller,
do hereby certify, pursuant to Section 41 of the Charter, that an increase in
the sum of $13,000 in the estimates for the fiscal year beginning July 1, 1991
is necessary in Appropriation Allotments - Division of Inventory & Stores to
meet a contingency which could not have been reasonably foreseen when the
budget was adopted. The amount of increased appropriation will be met from
100-890-050 - Fund Balance Reserve for Capital Budget Appropriations not
otherwise appropriated for any other purpose. The detail of the requirements
are set forth below:
DATED: BUFFALO, NEW YORK, MAY 5, 1992
RECEIVED AND FILED.
No. 16
CERTIFICATE OF NECESSITY
INCREASED APPROPRIATION
UNRESERVED RETAINED EARNINGS
APPROPRIATION ALLOTMENTS -
ENTERPRISE FUND - STADIUM & AUDITORIUM
We, James D. Griffin, Mayor and Joel A. Giambra, Comptroller,
do hereby certify, pursuant to Section 41 of the Charter, that an increase in
the sum of $212,000 in the estimates for the fiscal year beginning July 1, 1991
is necessary in Appropriation Allotments - Enterprise Fund - Stadium &
Auditorium to meet a contingency which could not have been reasonably foreseen
when the budget was adopted. The amount of increased appropriation will be met
from 430- -899 - Unreserved Retained Earnings not otherwise appropriated for
any other purpose. The detail of the requirements are set forth below:
DATED: BUFFALO, NEW YORK, MAY 7, 1992 Aid
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 17
"Auth. Sale of HURD Computer"
Item # 27 Apr 14,1992
The Prime Computer and peripheral equipment was purchased for
$115,000.
The Prime computer was designated as the vendor by Price Waterhouse because
they had software already written for that operating system. If the Prime
computer was not chosen, new software would have to be written by Price
Waterhouse at an additional cost.
RECEIVED AND FILED.
No. 18
Handicap Accommodations- Chamber
A bond resolution authorizing the issuance of $250,000 General
improvement Serial Bonds to finance Handicapped Access improvements for City
Owned Facilities was passed by the Common Council on April 30, 1991.
The bond is authorized but unissued. The department, in this case
Buildings, must send a letter to the Comptroller requesting him to sell the
bonds to fund this project. We will not sell the bonds until the project is
ready to begin.
RECEIVED AND FILED.
No. 19
Permission ;to Negotiate
722 Northampton, N 216' W Fillmore
Vacant Land: 30' x 164'
Assessed Valuation:
Land: $ 1,500
Total: $ 18,400
The Office of the Comptroller, Division of Real Estate, has received
a request from Mr. Samuel Whitaker of 15 French Street, Buffalo, New York 14211
to purchase the above captioned property. The property consists of a two family
home with a cottage in the rear and is in fair condition.
Mr. Whitaker is the father of Wendell Whitaker, an employee in the
Division of Real Estate's maintenance shop. Mr. Whitaker would like to
purchase this property to renovate, use one apartment for his residence and the
other for rental income.
The Tax and Demolition Lien Offices were contacted and there are no taxes
and/or demolition liens owing to the City of Buffalo.
This office, therefore, is requesting that we be permitted to negotiate a
private sale for the above mentioned property and report back to Your Honorable
Body the results of negotiations.
REFERRED TO THE COMMITTEE ON FINANCE AND THE BOARD OF ETHICS.
No. 20
Establishing a SEQRA process
for Capital Budget Projects
Item # 164 C.C.P. April 28, 1992
Bond Counsel has informed this Office that a SEQRA - review must
be done before a bond resolution can be written to authorize the issuance of
bonds for capital projects that are part of the adopted Capital Improvement
Budget.
Bond Counsel was present for meetings that were held during the summer of
1991 with all interested parties. This Office has worked with all interested
parties in the hope that the City does adopt a SEQRA review process for all
projects that are part of the Capital Improvement Budget.
REFERRED TO THE COMMITTEE ON LEGISLATlON.
No. 21
Monthly Overtime Usage Report
Attached is an updated report regarding the use of overtime by
department as of 4/30/92. This report also includes year -end projections based
on current patterns of overtime on a monthly average.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 22
CERTIFICATE OF APPOINTMENT
Appointment to become effective May 7, 1992, in the Department
of Audit & Control, Division of Accounting, Albert J. Renzoni 20 Brost St.,
Buffalo, N.Y. 14220 to the position of Supervising Accountant, Permanent
Contingent at the starting salary of $38,089.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
No. 23
CERTIFICATE OF APPOINTMENT
Appointment to become effective May 7, 1992 in the Department
of -Audit & Control, Division of Accounting, Anne Forti- Sciarrino 28 Blantyre
Rd., Buffalo, N.Y. 14216 to the position of Principal Accountant, Permanent at
the starting salary of $41,822.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
FROM THE COMMISSIONER OF ASSESSMENT
No. 24
Object to Grass Cutting Charges
341-347, 355, 493 Swan
206-208, 214, 310 William
130, 134, 144, 262 Myrtle
Item No. 90, C.C.P. April 28, 1992
Mr. James Sandoro states he objects to being billed by the Department
of Street Sanitation for grass cutting at the above mentioned lots.
The Department of Assessment received a list of parcels and names which
contain the above mentioned lots from the Department of Street Sanitation. The
Department of Assessment has started procedures to prepare the 1991 Local
Assessment Roll for Grass & Weeds as directed by the Common Council under
C.C.P. Item No. 127 dated March 3, 1992.
The issue of when the grass was cut and by whom is a matter that should
be addressed by the Department of Street Sanitation.
Therefore, to resolve this matter, l recommend that you refer it to the
Department of Street Sanitation.
RECEIVED AND FILED.
No. 25
Cancel Grass Cutting Charge
176 Guilford
Item No. 91, C.C.P. April 28, 1992
Mary H. Simon states that the City of Buffalo Department of Street
Sanitation did not cut grass on a lot at 176 Guilford Street in July of 1991.
The Department of Assessment has started procedures to prepare the 1991
Local Assessment Roll for Grass & Weeds which will contain the above mentioned
lot. The Common Council directed that the said 1991 Local Assessment Roll be
prepared by this Department by C.C.P. Item No. 127 dated March 3, 1992.
Therefore, I recommend that you refer this matter to the Department of
Street Sanitation to determine if, in fact, City Sanitation personnel had cut
the grass on this lot in July of 1991.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 26
Ignorance Costs Us Money
Item No. 150, CCP 03-17-92
While I was in the process of reviewing this resolution, the Data
Processing Division of the Comptroller's Office contacted me about the
feasibility of marketing and selling to interested parties the Assessment
Department's Real Property Data Base and Real Property Tax Payment files.
Currently, Comptroller Joel A. Giambra is in the process of conducting a
marketing survey to determine the extent of interest that exists for computer
access to the City's Real Property Data Base and Real Property Tax Payment
files. A fee schedule for computer access to the City's Assessment files will
be developed by the Comptroller's Data Processing Division. I agree with the
concept of marketing and selling the real property and tax data base that the
Department of Assessment has on file.
Generally, assessment information is deemed by law to be open and available to
the general public. So, the Department of Assessment provides assessment and
tax information over the phone free of charge to everyone. The City can still
offer this information, over the phone, free of charge to the individual
property owner and taxpayer.
However, this department currently processes over the phone, free of charge,
many requests for real property data and tax information from businesses.
Businesses such as credit agencies, banks, real estate firms, real estate
Multiple Listing Services, appraisers, title companies, public utility
companies, property development firms and others phone this department on a
daily basis for information. I am sure these types of businesses would be
willing to pay for computer access to the Department of Assessment's data file
rather than phone this department daily for information. Computer access to
real property and tax information is sold by numerous Assessment departments
throughout this country.
In light of the City's current financial condition, perhaps this is the time
the City of Buffalo should pursue the marketing of the City's real property
data and tax base information.
I am available to discuss this matter with Your Honorable Body at your request.
REFERRED TO THE SPECIAL COMMITTEE ON BUDGET.
FROM THE COMMISSIONER OF PUBLIC WORKS
No. 27
Notification Serial # 8231
PERMISSIVE PARKING
In conformity with Section 49 of Chapter 479 of the Ordinances of the
City of Buffalo, the City Engineer hereby notifies your Honorable Body of this
action supplementing, amending, or repealing existing provisions of Chapter 479
of the Ordinances, as stated below, to be effective forty five days after the
first Council meeting at which they appear on the agenda as an item business.
That that part of Subdivision 25 of Section 15 of Chapter 479 of
Ordinances of the City of Buffalo be supplemented by adding thereto the
following: PERMISSIVE PARKING
PERIOD OF PERMISSIVE PKG
PERMISSIVE PKG LOCATIONS DAILY EXCEPT SUNDAY
Seventh Street west side between 2 Hour Parking 8AM- 6PM
West Ct. Street and W. Genesee St.
Notification Serial # 8232
PERMISSIVE PARKING
In conformity with Section 49 of Chapter 479 of the Ordinances of the
City of Buffalo, the City Engineer hereby notifies your Honorable Body of this
action supplementing, amending, or repealing existing provisions of Chapter 479
of the Ordinances, as stated below, to be effective forty five days after the
first Council meeting at which they appear on the agenda as an item business.
That that part of Subdivision 25 of Section 15 of Chapter 479 of
Ordinances of the City of Buffalo be supplemented by adding thereto the
following: PERMISSIVE PARKING
PERIOD OF PERMISSIVE PKG
PERMISSIVE PKG LOCATIONS DAILY EXCEPT SUNDAY
Seventh Street east side between 2 Hour Parking 8AM 6PM
West Court Street and a point 273'
north of W. Genesee
Notification Serial # 8233
PARKING METERS
In conformity with Section 49 of Chapter 479 of the Ordinances of the
City of Buffalo, the City Engineer hereby notifies your Honorable Body of this
action supplementing, amending, or repealing existing provisions of Chapter 479
of the Ordinances, as stated below , to be effective forty five days after the
first Council meeting at which they appear on the agenda as an item of
business.
That that part of Subdivision 3 of Section 33 of Chapter 479 of
ordinances of the City of Buffalo be supplemented by adding thereto the
following: PARKING METERS
HIGHWAY LOCATION PORTION OF HIGHWAY
LOCATION
Elmwood Avenue West side between
Bidwell and Bird Avenue
RECEIVED AND FILED.
No. 28
City of Buffalo - New York State Thruway Authority Agreement
Item No. 245, C.C.P. 01/21/92
The City of Buffalo has requested funds from the New York State
Thruway Authority and the Consolidated Rail Corporation to complete the plans
and specifications and the Rehabilitation of the Louisiana Street Viaduct over
Exchange Street, Conrail and the New York State Thruway Authority.
This Department would request that your Honorable Body approve the attached
agreements with the New York State Thruway Authority. The City portion of the
funds for this project were approved on 1/21/92, C.C.P. # 245, Capital Bond
Fund # 200-401-003.
Mr. Fahey moved:
That the communication from the Department of Public Works, dated April
28, 1992, be received and filed; and
That the above agreements with the New York State Thruway Authority with
regard to the Rehabilitation of the Louisiana Street Viaduct, be, and hereby
are, approved subject to approval as to form by the Law Department.
PASSED.
AYES- 13 NOES- 0.
No. 29
Permission to Hire a Consultant for Gateway Tunnel
I hereby request your Honorable Body's authorization to enter
into a contract with a consultant to provide a supplemental investigation for
plans and specifications for the Gateway Tunnel Feasibility Study.
Funds for this study are available in account No. 200-401-059-00-000.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 30
Permission to Prepare Plans &Specifications And Advertise
Proposals for Street Resurfacing Contracts, Various Streets
I hereby request permission from your Honorable Body to prepare
plans and specifications and advertise for sealed proposals for street
resurfacing contracts, various streets in the City, as specified below:
1. Repair to City Pavements - 1992
2. Resurfacing of City Pavements - 1992
3. Resurfacing of City owned Street facilities - 1992
4. Repair to City Sidewalk - 1992
5. Repair to City Curbs - 1992
6. Heater/Scarifying of City Pavements - 1992
Funds for these projects will be available in Capital Projects Fund #
200-401-507-00-000.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 31
Bids-New Handicapped Ramp Delaware Park Casino Lincoln Parkway
I asked for and received the following Informal Proposal for
the New Handicapped Ramp, Delaware Park Casino, Lincoln Parkway, Buffalo, New
York on April 21, 1992.
Gerald T. Stay Co. 9,690.00
Nichter Associates, Inc. 13,900.00
Vara-Science, Inc. 14,844.00
Feddington-Allen, Inc. 15,723.00
Maplewood Construction 17,250.00
I hereby certify that the foregoing is a true and correct statement of all bids
received and that Gerald T. Stay Co. in the amount of $9,690.00 is the lowest
responsible bidder in accordance with the plans and specifications.
I recommend that Your Honorable Body authorize the Commissioner
of Public Works to order the work on the basis of the low bid. Funds for this
work are in B/F 200-402-092 - Division of Buildings.
Estimate for this work was $11,000.00.
Mr. Fahey moved:
That the communication from the Department of Public Works, dated April.
22, 1992, be received and filed; and
That the Commissioner of Public Works be, and he hereby is authorized to
award contract to Gerald T. Stay Co., the lowest responsible bidder, for the
New Handicapped Ramp -Delaware Park Casino, Lincoln Parkway, in the amount of
$9,690.00. Funds for this work are in B/F 200-402-092 Division of Buildings.
PASSED.
AYES- 13 NOES- 0.
No. 32
Report of Bids - Group # 331 Reconstruction of Delaware Avenue Ferry Street to
West Delavan Avenue
Item No. 74, C.C.P. 9/3/85
As authorized and directed by your Honorable Body in Item # 74
of September 3, 1985, I have advertised and received bids on April 29, 1992 for
the Reconstruction of Delaware Avenue Group # 331 - Ferry Street to Delavan
Avenue.
In obtaining bids for the above project, I have asked for bids on a unit
price basis covering two fiscal shares for work which will be performed. The
final cost of the work will be based on the actual measured quantities of
materials entering into the work and may be either more or less than the total
bid
The following bids were received:
Destro Brothers $1,818,687.50
Collana brothers $1,859,629.65
Hartford Paving $2,088,975.50
Nichter Utility Construction $2,181,000.00
M. Passucci Inc $2,374,113.00
I hereby certify that the lowest responsible bidder for the above project
is Destro Brothers Construction Company, Inc and I respectfully recommend that
your Honorable Body order the work done immediately in Fiscal Share I in an
amount not to exceed $756,634.00 plus approved unit prices not to exceed an
additional amount of $60,000,00 the cost thereof to be charged to Bond Fund
200-401-543
In addition I also request that your Honorable Body order the work done
after July 1, 1992 in Fiscal Share II contingent upon funding, in an amount not
to exceed $1,062,053.50 plus approved unit prices not to exceed an additional
amount of $70,000.00, the cost thereof to be charged to Bond Fund 200-401-543
The engineer's estimate for the two fiscal shares of this work is
$2,084,000.00
The attached is certified to be a true and correct statement of the bids
received Under provisions of the General Municipal Law, any of the bidders may
withdraw his bid if an award is not made by June 12, 1992 for Phase I.
Individual bid submissions are available in our office for inspection and
copies are available upon request.
Mr. Fahey moved:
That the communication from the Department of Public Works, dated May 4,
199 2, be received and filed; and
That the Commissioner of Public Works be, and he hereby is, authorized to
award a contract to Destro Brothers Construction Company, the lowest
responsible bidder, for the Reconstruction of Delaware Avenue Group #331 -
Ferry Street to Delavan Avenue in the amount of $1,818,657.50. The work in
Fiscal Share I is to be done immediately in an amount not to exceed $756,634
plus approved unit prices not to exceed an additional amount of $60,000. The
work in Fiscal Share II shall be done after July 1, 1992, contingent upon
funding, in an amount not to exceed $1,062,053.50 plus approved unit prices not
to exceed an additional amount of $70,000. Funds for this work will be charged
to Bond Fund 200-401-543.
PASSED.
AYES- 13 NOES- 0.
No. 33
Report of Bids - Walden Heights Subdivision Group # 349
Item No. 38, C.C.P. 1/21/92
As authorized and directed by your Honorable Body in Item # 38,
CCP of 1/21/92, I have advertised and received bids on April 29, 1992 for the
Construction of Roads in the Walden Heights Subdivision - Group # 349.
In obtaining bids for the above project, I have asked for bids on a unit
price basis covering the various items of work and material which will be
performed. The final cost of the work will be based on the actual measured
quantities of materials entering into the work and may be either more or less
than the total bid.
The following bids were received:
1. Destro Brothers Concrete Company, Inc. $1,299,779.55
2. DiPizio Construction Company $1,439,080.60
3. Passucci, Inc. $1,450,264.00
4. Kandy Company, Inc. $1,456,575.50
5 Accadia Enterprises $1,486,203.90
6. Milherst Construction $1,493,393.20
7. Collana Brothers $1,512,528.50
8. Hartford Paving Corp. $1,780,231.05
I hereby certify that the lowest responsible bidder for the above project
is Destro Brothers Concrete Company, Inc., and I respectfully recommend that
your Honorable Body order the work and the cost thereof to be charged to the
following Capital Project Bond accounts 200-401-554 in an amount not to exceed
$1,299,779.55, plus approved unit prices not to exceed an additional amount of
$150,000. Funds for this work will be available when bonds are sold.
The engineer's estimate for this work is $1,700,000. The attached is
certified to be a true and correct statement of the 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 June 15, 1992. Individual bid
submissions are available in our office for inspection and copies are available
upon request.
Mr. Fahey moved:
That the communication from the Department of Public Works, dated May 6,
1992, be received and filed; and
That the Commissioner of Public Works be, and he hereby is authorized to
award contract to Destro Brothers Concrete Company, Inc., the lowest
responsible bidder, for the Construction of Roads in the Walden Heights
Subdivision Group
# 349, in the amount of $1,299,779.55, plus approved unit prices not to exceed
an additional amount of $150,000.00 to be charged to Capital Project Bond
Accounts 200-401-554. Funds for this work will be available when bonds are
sold.
PASSED.
AYES- 13 NOES- 0.
No. 34
Bids- Louisiana Street Bridge Rehabilitation
As authorized and directed by your Honorable Body in Item # 151,
CCP of November 1, 1988, I have advertised and received bids on May 6, 1992 for
the rehabilitation of the Louisiana Street Bridge.
In obtaining bids for the above project, I have asked for bids on a unit
price basis covering various items of work and material which will be
performed. The final cost of the work will be based on the actual measured
quantities of materials entering into the work and may be either more or less
than the total bid.
The following bids were received:
Oakgrove Construction Inc. $716,998.50
Nichols, Long & Moore $737,402.50
Falgiano Construction $772,110.00
Nichter Assoc. Inc. $788,480.00
Collana Products Construction $799,681.00
Depew Development $827,837.00 (Corrected)
I hereby certify that the lowest responsible bidder for the above project
is Oakgrove Construction Inc., and I respectfully recommend that your Honorable
Body order the work and the cost thereof to be charged to the following Capital
Project Bond Account 200-401-003-00-000 in an amount not to exceed $716,998.50.
The Engineer's estimate for this work is $759,525.00. The attached is
certified to be a true and correct statement of the 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 June 19, 1992. Individual bid
submissions are available in our office for -inspection and copies are
available upon request.
Mr. Fahey moved:
That the communication from the Department of Public Works, dated May 6,
1992, be received and filed; and
That the Commissioner of Public Works be, and he hereby is authorized to
award contract to Oakgrove Construction, Inc. , the lowest responsible bidder,
for Louisiana Street Bridge Rehabilitation, in the amount of $716,998.50.
Funds for this work will be charged to Capital Project Bond Account
200-401-003-00-000.
PASSED.
AYES- 13 NOES- 0.
No. 35
Bids- W. Ferry Street Lift Bridge Rehabilitation
This is to advise your Honorable Body that I have advertised and
received bids on April 30, 1992 for the repair of the concrete counterweight of
the West Ferry Street Lift Bridge.
In obtaining bids for the above project, I have asked for bids on a unit
price basis covering the various items of the proposal and materials which will
be performed. The final cost of the project will be based on actual measured
quantities of materials used.
The following bids were received:
Hudson Rumsey $ 31,876.00
Amherst Construction 38,790.00
Nichter Associates 41,000.00
Stimm Associates 63,862.00
Patterson Stevens 66,465.00
I hereby certify that the lowest responsible bidder for the above project
is Hudson Rumsey, the cost thereof to be charged to the O & M Account
100-401-015-000-561 in an amount not to exceed $35,063.60.
The Engineer's estimate for this work is $43,291.00. The attached is
certified to be a true and correct statement of the two (2) 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 June 12, 1992.
Individual bid submissions are available in our office for inspection and
copies are available upon request.
This communication is for informational purposes only.
Mr. Fahey moved:
That the communication from the Department of Public Works, dated May 6,
1992, be received and filed; and
That the Commissioner of Public Works be, and he hereby is authorized to
award contract to Hudson Rumsey, the lowest responsible bidder, for the repair
of the concrete counterweight of the West Ferry Street Lift Bridge, in the
amount of $31,876.00. Funds for this work will be charged to O & M Account
100-401-015-000-561 in an amount not to exceed $35,063.60.
PASSED.
AYES- 13 NOES- 0.
No. 36
Change in Contract Old First Ward Community Center
Republic & Tennessee Sts.
I herewith submit to Your Honorable Body the following change
in contract for the New Building, Old First Ward Community Center, Republic &
Tennesee Street, Buffalo, New York, Burgio & Campofelice, Inc. C-91610400:
1. Removal of old foundation walls
from site and add additional fill. ADD 5,940.00
2. Extra excavation and hauling. ADD 7,962.00
3. Additional old equipment
foundations removed from site. ADD 2,688.00
The foregoing change results in a net increase in the contract of
Sixteen Thousand Five Hundred Ninety and 00/100 ($16,590.00).
Summary Original Amount of Contract $1,567,037.00
Change Order No.1- CCP 53 12-23-91 ADD 834.59
Change Order No. 2 CCP 41 1-21-92 ADD 2,734.62
Change Order No. 3 CCP 37 2-18-92 ADD 21,260.00
Amount of this
change (No.
4) ADD 16,590.00
Revised Amount of
Contract
$1,608,456.21
This change could not be foreseen at the time contract was let. Costs have been
reviewed by the Department of Public Works and found to be fair and equitable.
Funds for this work are in B/F 200-402-024 - 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.
Mr. Fahey moved:
That the communication from the Department of Public Works, dated April
8, 1992, be received and filed; and
That the Commissioner of Public Works be, and he hereby is, authorized to
issue a change order # 4 to Burgio & Campofelice, Inc., changes resulting in a
net increase in the amount of $16,590.00, as more fully described in the above
communication, for additional work relating to the Old First Ward Community
Center, Republic & Tennessee Streets, Contract No. 91610400. Funds to be
charged against the Division of Building's B/F 200-402-024.
PASSED.
AYES- 13 NOES- 0.
No. 37
CHANGE IN CONTRACT - CHANGE: ORDER NO. 5 FIRSTRHYME CONSTRUCTION CORP., INC.
CITY CONTRACT NO. 91546200
I hereby submit to your Honorable Body the following change order
on the contract with Firstrhyme Construction Corp., Inc. for work relating to
Filtered Water Conduit Replacement and Modifications, Contract No. 15, City
Contract No. 91546200.
Work Item No. 10
Called for 1,900 cubic yards of additional excavation. A total of
1,281.40 cubic yards was used.
Decrease: $ 12,372.00
Work Item No. 11
Called for 200 cubic yards of rock excavation. This work was not
required.
Decrease: $ 4,000.00
Work Item No. 12
Called for 1,000 cubic yards of select fill in lieu of excavated
material. This material was not required.
Decrease: $ 16,000.00
Work Item No. 13
Called for 400 cubic yards of additional # 1 select fill. This material
was not required.
Decrease: $ 8,000.00
Work Item No. 14
Called for 100 cubic yards of crusher stone. A total of 71 cubic yards
were used.
Decrease: $ 580.00
Work Item No. 15
Called for 1,800 cubic yards of additional # 2 select fill. A total of
1,776.10 cubic yards were used.
Decrease: $ 478.00
Work Item No. 17
Called for 50 cubic yards of concrete. A total of 8.5 cubic yards were
used.
Decrease: $ 4,150.00
Work Item No. 20
Called for 1,500 square yards of pavement replacement. A total of 1,340
square yards were used.
Decrease: $ 160.00
Work Item No. 2A
Called for 200 cubic yards of cleaning of wet well and North Canal. A
total of 25 cubic yards were cleaned.
Decrease: $ 49,525.00
Work Item No. 2B
Called for 2,000 linear feet of crack repairs in wet wall and North
Canal. A total of 593 linear feet were repaired.
Decrease: $ 28,140.00
Work Item No. 2C
Called for 500 square feet of spalled concrete repair in wet wall and
North Canal. A total of 364 square feet were repaired.
Decrease: $ 8,976.00
New Work Item No. 26 - Various Site improvements
The contractor installed guardrails, pavement repair and replacement and
repair of existing hatches, stairwells, drainlines and other miscellaneous site
repairs. This work was done at the request of the Division of Water and was
not in the work item covered under the contract.
Increase: $ 103,742.00
New Work Item No. 27 - Conflicts with Existing Utilities
The contractor encountered several existing utilities that were not shown
or differed from record information obtained during the project design. These
utilities required repair, relocation or replacement by the contractor.
Increase: $ 37,770.00
New Work Item No. 28 - Unanticipated Obstructions
The contractor encountered unanticipated obstructions which included, but
were not limited to, original building foundations, large boulders, existing
sheet piling in several locations, seawall foundation and existing overhead
debris in North Canal which required removal prior to making necessary repairs.
Increase: $ 113,233.00
New Work Item No. 29 - Groundwater Control
The contractor encountered heavy ground water infiltration. Construction
methods were employed including placing grout bulkheads in the bedding to
control longitudinal migration of groundwater, placing corner pieces to isolate
sheeting cells, and use of large pumps to keep groundwater below pipe bedding
during pipe installation.
Increase: $ 104,637.00
Work Item No. 30 - Discrepancies in Drawings - Realignment of 90 Inch Conduit
During construction it was found the as-built drawings established the
depth of the proposed conduit and elevations to the Clearwell and North Canal
were incorrect. These differences in elevation required that the pipe profile
be revised and special piping and adapters be installed.
In addition, the poor condition of existing clearwell concrete required
additional dive time for relocating of connection bulkheads and seals of same.
Increase: $ 34,463.00
New Work item No. 31 - Delays due to Unanticipated Plant Activities
Additional costs due to delays incurred to facilitate Filtration Plant
and Pumping Station operations including, but not limited to additional testing
and disinfection which prolonged the contractor's scheduled testing time and
chlorination procedures, removal of silt in the Black Rock Canal from the
Filter Plant's existing outfall. To avoid plant disruption, the contractor
incurred delays during dewatering operations and shutdowns during connection
and cleaning of the North Canal and connections to the Clearwater Reservoir.
Increase: $ 54,577.00
New Work Item No. 32 - Miscellaneous Credits
Miscellaneous credits are owed to the Division of Water for the
following: contractor was able to use existing conduits in Filter gallery
Building eliminating the need for new buried conduit. The Division of Water
provided the contractor a power source, this eliminating the need for the
contractor to install an independent power source.
Decrease: $ 13,600.00
Work Item No. 33 - Liquidated Damage
The Division of Water's assessment of liquidated damages against
contractor due to the overrun of the project completion date in order to
recover additional costs.
Decrease: $ 60,000.00
The above changes could knot be foreseen at the time the contract was
let.
Costs have been reviewed by the Division of Public Works and found to be
fair and equitable.
SUMMARY:
Original Amount of Contract $4,746,925.00
Amount of Change Order No. 1 - Increase $150,982.00
Amount of Change Order No. 2 - Increase $44,404.00
Amount of Change Order No. 3 - Increase $46,442.79
Amount of Change Order No. 4 - No Change $ -0-
Amount of Change Order No. 5 - Increase $242,441.00
CURRENT AMOUNT OF CONTRACT $5,231,194.79
Funds for this work are available in the Division of Water's Bond Fund
Account 503.
Mr. Fahey moved:
That the communication from the Department of Public Works, dated April
27, 1992, be received and filed; and
That the Commissioner of Public Works be, and he hereby is, authorized to
issue a change order # 5 to Firstrhyme Construction Corp., Inc., changes
resulting in a net increase in the amount of $242,441.00, as more fully
described in the above communication, for additional work relating to the
Filtered Water Conduit Replacement and Modifications, Contract No. 15 City
Contract No. 91546200. Funds to be charged against the Division of Water's Bond
Fund Account 503.
PASSED.
AYES- 13 NOES- 0.
No. 38
Thompson- Water Charges-617 Linwood
Item # 93 C.C.P. April 28, 1992
The water meter for 617 Linwood Ave. was picked up on March 12,
1991. The Division of Water's Meter Department inspected the installation on
May 15, 1991 and found a consumption of 16,020 on the meter. The owner was
notified by phone that the reading on the meter was considered high. The owner
agreed to check for any leaks on her water lines.
On 8/29/91, another service call was made to 617 Linwood Avenue. The inside
meter was found to be working properly and the reading was 44,857 cubic feet.
On 11/22/91, this meter was changed for testing, per the owners request. The
meter was removed with a reading of 58,618 cubic feet. This meter was bench
tested for accuracy at our Meter Shop and found to be 99% accurate.
Per Mr. Comstock, the Meter Department Supervisor, the high bills were not due
to a defective water meter, but due to the fact that the owner waited until
August 21, 1991 to make the repairs to the plumbing. A copy of this billing
was sent to the Director of Water.
The Division of Water adjusted the meter account in the amount of $206.18, thus
starting the meter May, 1991 as zero and not 16,020 as shown on the meter.
Also, the Division of Water Employees could not and would not tell a Flat Rate
customer what their water bills would be with a meter installed. All
customers, that sign for a meter installation, are told to make sure that their
plumbing on the property has no leaks.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 39
Restaurant/Dancing Class IV
1239 Niagara Street
Pursuant to Chapter 150 of the City of Buffalo Ordinances, please
be advised as follows:
I have examined the attached application for Restaurant/Dancing Class IV
located at 1239 Niagara Street 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 License is being sought and according to the
attached reports from the Fire Department, Zoning 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 Susan J. Blackley. The Police Department's approval is attached
hereto.
In consideration of the application of:
Susan J. Blackley d/b/a
Images Cafe, Inc.
1239 Niagara Street
Buffalo, New York
This request is submitted for your consideration and whatever action you deem
appropriate.
REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD.
No. 40
130 Genesee Street Requests Permission
to Install a Sidewalk Cafe
Mr. Dennis Bellanca owner of the Curve Restaurant. 130 Genesee
Street has requested permission to install a sidewalk cafe which would encroach
city right of way at said address.
The proposed cafe would measure thirty three feet in length and project
seven feet from the building face into city right of way.
The Department of Public Works has reviewed Mr. Bellanca' s application
pursuant to Chapter 413 Section 39 (sidewalk cafes) of the City ordinances and
has no objection to Your Honorable Body authorizing the Commissioner of Public
Works to issue a 'Mere License" for installation of said sidewalk cafe provided
the following conditions are met:
1. That the applicant obtain any and all other City of Buffalo permits
necessary for said installation
2. That the sidewalk cafe be installed exactly as shown on plans submitted
to and approved by the Department of Public Works Division of Buildings.
3. That the sidewalk cafe does not exceed 33 feet in length or extend more
than 7 feet from the building face.
4. That no portion of the sidewalk cafe be permanent in nature or
permanently affixed to the main building or public sidewalk.
5. That the sidewalk cafe be completely removed from city right of way from
November 15 to April 1 each year
6. That the applicant be assessed the annual fee of $1.05 per square foot of
city right of way occupied by said sidewalk cafe as described in Chapter 413
Article IX Section 59 (sidewalk cafes) of the City Ordinances.
7. That the applicant supply the City of Buffalo with a five thousand dollar
($5,000.00) construction in street bond which will indemnify and save harmless
the City of Buffalo against any and all loss and damage arising out of the
construction , maintenance, use and removal of said sidewalk cafe.
REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD.
No. 41
Spikes Restaurant, 268 Main Street
requests permission to install Sidewalk Cafe
Ms. Cindy Blake, owner of Spikes Restaurant, located at 268 Main
Street, has requested permission to install a sidewalk cafe which would
encroach city right of way at said address.
The proposed cafe would measure thirty-two feet in length and project twenty
feet from the building face into city right of way.
The Department of Public Works has reviewed Ms. Blakes application pursuant to
Chapter 413 Section 59 (sidewalk cafes) of the City Ordinances and has no
objection to Your Honorable Body authorizing the Commissioner of Public Works
to issue a "Mere License" for installation of said sidewalk cafe provided the
following conditions are met:
1. That the applicant obtain any and all other City of Buffalo permits
necessary for said installation.
2. That the sidewalk cafe be installed exactly as shown on plans submitted to
and approved by the Department of Public Works, Division of Buildings.
3. That the sidewalk cafe does not exceed thirty-two feet in length or extend
more than 20 feet from the building face.
4. That no portion of the sidewalk cafe be permanent in nature or permanently
affixed to the main building or public sidewalk.
5. That the sidewalk cafe be completely removed from city right of way from
November 15 to April l each year.
6. That the applicant be assessed the annual fee of $1.05 per square foot of
city right of way occupied by said sidewalk cafe as described in Chapter 413
Article IX Section 59 (Sidewalk Cafes) of the City Ordinances.
7. That the applicant supply the City of Buffalo with a five thousand dollar
($5,000.00) construction in street bond which will indemnify and save harmless
the City of Buffalo against any and all loss and damage arising out of the
construction, maintenance, use and removal of said sidewalk cafe.
REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD.
No. 42
2421 Main Street Requests Permission To Install Sign Within City Right of Way
Mr. Paul J. Braun of Cadillac, located at 2421 Main Street, has
requested permission to install a sign which would encroach city right of way
at said address.
The proposed sign would be located on the Jewett Avenue side of the
property $ be installed perpendicular to the building face and measure six feet
six inches square.
The Department of Public Works has reviewed Mr. Braun's application
pursuant to Chapter 413-67 (encroachment regulations) of the City Ordinances
and has no objection to Your Honorable Body authorizing the Commissioner of
Public Works to issue a "Mere License" for said installation provided the
following conditions are met
1. That the applicant obtain any and all other City of Buffalo permits
necessary for said installation.
2. That the sign be installed exactly as shown on plans submitted to and
approved by the Department of Public Works, Division of Buildings.
3. That the applicant supply the City of Buffalo with a five thousand dollar
($5,000.00) construction in street bond which will indemnify and save harmless
the City of Buffalo against any and all loss and damage arising out of the
construction, maintenance, use and removal of said sign.
REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD.
No. 43
Denial of Request- Parking on West Utica during Hellenic Festival
Item No. 216 C.C.P. 4/14/92
Your request for preferential parking along West Utica Street
during the Hellenic Festival must be denied. This Department does not provide
preferential on-street parking. In addition, while sob parking does currently
exist on the north side of West Utica, parking is restricted along the south
side. Allowing parking along both sides of West Utica would severely restrict
traffic flow on this 32' wide bus route.
REFEREED TO THE COMMITTEE ON LEGISLATION.
No. 44
Multi-way Stop at Stanislaus & Sobieski
Item No. 155 C.C.P. 03/17/92
This is in reply to your request to perform a traffic study to
install a multi-way stop at Stanislaus and Sobieski. This Department feels that
a stop on Stanislaus is not needed. New York State guidelines for such an
installation require 5 or more reported accidents in one year. Our records
indicate that only l reported accident per year has occurred there in the last
2 years. In addition, the guidelines clearly state that stop signs will not be
used for speed control. This is a matter for police enforcement. Multi-way
stop intersections are also available nearby and provide adequate pedestrian
crossing.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 45
Claim for wages for Vincent Astyk
18 Strathmore Ave., Buffalo, 14220
Mr. Astyk was appointed to the Department of Public Works, Division
of Engineering, as a Bridge Operating Engineer (Seasonal) at a rate of
$7.02/hr. on April 24, 1992.
Do to an oversight by this department, Mr. Astyk's Certificate of Appointment
was not filed until Monday, April 27, 1992.
Mr. Astyk started work in this department on Sunday, April 26, 1992 and is due
wages for the following dates and amounts indicated.
Sunday, April 26, 1992 $112.32 (16 hours worked)
Mr. Fahey moved:
That the communication from the Department of Public Works, dated April
28, 1992, be received and filed; and
That Mr. Astyk, Bridge Operating Engineer (Seasonal), Division of
Engineering be paid $112.32 for wages due from April 26, 1992, and said check
be drawn on the account of 81-2 General City Charges 100-812-000-00-809
Judgment and Claims Account.
PASSED.
AYES- 13 NOES- 0.
No. 46
Claim for wages for Robert Brill
282 Katherine St., Buffalo, NY 14210
Mr. Brill was appointed to the Department of Public Works, Division
of Engineering, as a Bridge Operating Engineer (Seasonal) at a rate of
$7.02/hr. on April 24, 1992.
Do to an oversight by this department, Mr. Brill's Certificate of Appointment
was not filed until Monday, April 27, 1992.
Mr. Brill started work in this department on Friday, April 24, 1992 and is due
wages for the following dates and amounts indicated.
Friday, April 24, 1992 $56.16
Saturday, April 25, 1992 56.16
Sunday, April 26, 1992 56.16
$168.48
Mr. Fahey moved:
That the communication from the Department of Public Works, dated April
28, 1992, be received and filed; and
That Mr. Robert Brill, Bridge Operating Engineer (Seasonal), Division of
Engineering be paid $168.48 for wages due from April 24, 25, & 26, 1992, and
said check be drawn on the account of 81-2 General City Charges
100-812-000-00-809 Judgment and Claims Account.
PASSED.
AYES- 13 NOES- 0.
No. 47
Claim for wages for John Smigiel
44 Young Street, Buffalo 14212
Mr. Smigiel was appointed to the Department of Public Works, Division
of Engineering, as a Bridge Operating Engineer (Seasonal) at a rate of
$7.02/hr. on April 24, 1992.
Do to an oversight by this department, Mr. Smigiel's Certificate of Appointment
was not filed until Monday, April 27, 1992.
Mr. Smigiel started work in this department on Sunday, April 26, 1992 and is
due wages for the following dates and amounts indicated.
Sunday, April 26, 1992 $56.16
Mr. Fahey moved:
That the communication from the Department of Public Works, dated April
28, 1992, be received and filed; and
That Mr. John Smigiel, Bridge Operating Engineer (Seasonal), Division of
Engineering be paid $56.16 for wages due from April 26, 1992, and said check be
drawn on the account of 81-2 General City Charges 100-812-000-00-809 Judgment
and Claims Account.
PASSED.
AYES- 13 NOES- 0.
No. 48
Certificate of Appointment
Appointment to become effective May 5, 1992 in the Department
of Public Works, Division of Water, David Golba, 66 N. Parker Ave., Buffalo, NY
14216 to the position of Filtration Plant Operator, Provisional at the starting
salary of $24,168.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
FROM THE COMMISSIONER OF PARKS
No. 49
LaSalle Park Waterfront Pavilion
Renewal of Junior League Lease
The lease made by the Junior League of Buffalo and the City of
Buffalo for operation of the LaSalle Park Waterfront Pavilion expired on
September 30, 1991. The league has requested renewal under essentially the
same terms and conditions as in prior years.
We have met with the Junior League and Corporation Counsel to review the
proposed lease and to incorporate some minor revisions.
Authorization to execute this lease once approved as to form by the City
Law Department is hereby requested of Your Honorable Body.
A copy of the lease is attached.
Mr. Fahey moved:
That the communication from the Director of Recreation dated May 7, 1992
be received and filed; and
That authorization to execute renewal of lease between Junior League of
Buffalo and City of Buffalo for operation of LaSalle Park Waterfront Pavilion
be and the same hereby is granted.
PASSED.
AYES- 13 NOES- 0.
No. 50
Bids- Playground Renovations
Item No. 54, April 14, 1992
Listed below are the areas to be worked on for the "City-wide
Playground Renovations Phase II."
1. Parcel 17 (Emerson Young) Park-Village Ct. and Carolina St. (behind the
Shoreline and Pine Harbor Apartments). All new equipment will be furnished.
2. Douglas Towers Play Area-Jefferson Ave. & So. Division St. Repair
existing equipment.
3. Montessori School Play Area-Clinton St. near Hickory. Repair existing
equipment.
4. School 19 Play Area-Hampshire St. & West Ave. Repair existing equipment.
5. School 38 Play Area-Vermont St. and Lowell PI. Repair existing equipment.
6. MLK Park - Best St. and Fillmore Ave. Two play areas.
1. Adjacent to the Casino
2. Adjacent to Tennis Courts and Greenhouse Repair existing equipment.
7. Elmwood Village Green-Elmwood Ave. between Breckenridge and Auburn Aves.
Repair existing equipment.
8. Delaware Park-Amherst St. adjacent to the Zoo. New equipment.
9. McCarthy Park-E. Amherst St. adjacent to the quarry. Equipment removal
and new equipment.
10. Lafayette Field-Tacoma Ave. adjacent to School 81. Equipment removal and
new equipment.
11. Mullen Playground-Milton St. adjacent to School 26. Equipment removal.
12. Cazenovia Park-Seneca St. and Cazenovia Parkway. Equipment removal.
Also since the last meeting of Your Honorable Body's Finance Committee, I
can report to you that Gay Playground and Schiller Park are now identified in
this program with The Planning Division of Community Development.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 51
Report On Baseball & Softball Diamonds
Item # 190, C.C.P., March 31,1992
Throughout the summer the Parks Department maintains 59 Softball
Diamonds and 12 Hardball Diamonds for use by Grammar School Leagues, High
School Leagues, the Buffalo Softball League, approximately 25 Independent
Softball Leagues, the Muny League, Erie County American Legion League, and the
AAABA League.
The Buffalo Softball League according to our information total approximately
430 teams The Independent Softball Leagues total approximately 285 teams. The
Baseball Teams excluding Grammar and High School Teams total approximately 60.
These Leagues total 775 Teams.
Besides the Adult Leagues the Parks Department maintains the Little League
Diamonds located at LaSalle Park, Shoshone Park, McCarthy Park and Riverrock
Park. The number of teams in these Leagues are also not included in the 775
total teams previously identified.
For last season (from April '91 to June '91) the Parks Department spent $48,700
on sandy loam and top soil. We also spent approximately $1,000 for new sod for
2 Diamonds at Delaware Park.
We can approximate that the total cost to the City of Buffalo to maintain these
diamonds including material, and personnel is $150,000 per season (based on a
20 week season). Besides the material, this figure is based on 10 Park Utility
workers per day @ $11.22 per hour, 5 Laborers per day @ $10.26 per hour x 4
days per week each.
In answer to the second question on how much revenue the City receives, the
answer is zero - nothing.
REFERRED TO THE SPECIAL COMMITTEE ON BUDGET.
No. 52
Elm Leaf Beetle Pilot Program of the Richmond Avenue Neighborhood Association
# 223, C.C.P. 4/14/92
If all the logistics and finances can be worked out between the
Parks Department, the Common Council, the Pest Management Board and the private
sector, Richmond Avenue will be used as the pilot program for control of the
elm leaf beetle using non-toxic materials.
This department has no objections to the residents of Richmond Avenue
using burlap on their trees to help alleviate the beetle problem.
REFERRED TO THE COMMITTEE ON LEGISLATION.
FROM THE COMMISSIONER OF POLICE
No. 53
L. Penkalski -Claim Police Brutality
(C.C.P. # 89 April 28, 1992)
This case, which is a claim for $31,000,000 in compensation for
an alleged beating which happened in 1984, has been forwarded to the Law
Department for whatever action they deem appropriate.
RECEIVED AND FILED.
No. 54
Use Governmental Confiscated Funds
C.C.P. # 208 - April 14, 1992
We are looking into the use of confiscated drug funds to establish
a "Weapons Surrender Program".
We hope to develop such a program as soon as the "Operation Rescue" event ends.
We will keep you advised in relation to this.
RECEIVED AND FILED.
No. 55
Linwood Pkg. Problems
(C.C.P. # 162 April 28, 1992)
This problem was caused by the restrictions put on parking during
the last two weeks because of Operation Rescue procedures at the clinic at 305
Linwood.
Space was restricted to Police vehicles and other authorized vehicles such as
ambulances, Government Agencies, etc., who participated in this operation.
The operation has ended and thus the complaints should no longer be
forthcoming.
REFERRED TO THE COMMITTEE ON LEGISLATION.
FROM THE CORPORATION COUNSEL
No. 56
L. Penkalski- Claim Police Brutality
Item # 89, CCP April 28, 1992
Mr. Leo Penkalski filed a claim relating to an alleged arrest
on November 13, 1984. Mr. Penkalski has a long term history of significant
mental illness. He has visited the Law Department on a regular basis for the
past twelve (12) years. On those occasions, he regularly demands payment in
the millions of dollars. He has been removed by security from our office on
frequent occasions. No lawsuit was ever filed by Mr. Penkalski and his claims
were barred by the statute of limitations seven (7) years ago. It would appear
that Mr. Penkalski is still suffering from mental illness. An examination of
his claims demonstrates this fact. He has been advised that payment will not
be made to him under any circumstances.
RECEIVED AND FILED.
No. 57
Settlement of Collection Matter
City of Buffalo v. Gerald M. Malachowski
On October 4, 1987 a vehicle owned and operated by Gerald M. Malachowski
struck a light standard, tennis court fencing and shrubs. No claim was filed
by Gerald M. Malachowski pertaining to this accident.
A law suit was commenced by the City of Buffalo against Mr. Malachowski in the
amount of $3,429.00, the total estimate of the City's property damages.
Subsequently, a default judgment was awarded at Buffalo City Court in the
amount of $5,137.00 including court costs and interest charges.
The Comptroller's office turned this matter over to Amana Capital Corporation
for collection of this default judgment. Amana Capital has been contacted by
Malachowski's attorney, and has offered to settle this matter for the sum of
$3,900.00 or 76% of the City's judgment. The Law Department recommends
acceptance of this settlement offer for the following reasons: Mr. Malachowski
for the past several years resides in the state of Florida, he had no valid
automobile insurance in effect during this accident and has had no permanent
employment. Therefore, our ability to enforce the judgment appears to be very
limited.
Therefore, it is respectfully requested that your Honorable Body authorize the
Corporation Counsel to settle this matter for the sum of $3,900.00
Mr. Fahey moved:
That the communication from the Corporation Counsel, dated May 5, 1992,
be received and filed; and
That the Corporation Counsel be, and hereby is, authorized to settle the
claim against Gerald Malachowski for $3,900.00.
PASSED.
AYES- 13 NOES- 0.
No. 58
Costs Connected to Operation Rescue
Item No. 160, C.C.P., 4/28/92
Your request for a report on the "legal implications of the Mayor's
conduct in this action" is not specific enough to enable me to provide a
response. While more information may enable me to respond more definitively,
the conduct in question probably falls within the range of executive and
political discretion normally attributed to that office.
RECEIVED AND FILED.
No. 59
Financial Recovery Plan -R.F.P.
Item No. 70, C.C.P., April 28, 1992
We have reviewed and have no comment on the proposed request for
proposals relating to a review of the financial implications of various City
functions.
RECEIVED AND FILED.
No. 60
Increase Fees for Various Permits
Item No. 36, C.C.P , 3/31/92
The proposed increases in fees for load zone permits, hauling
permits and house moving permits are within the authority of Your Honorable
Body. A proposed Ordinance Amendment is attached for your convenience.
Please note that the current charge for load zone permits is $1.00 per
lineal foot with a renewal charge of $.50 per lineal foot, not a renewal charge
of $ .50 as found in the communication.
RECEIVED AND FILED.
No. 61
Opinion Removal of Member of the
Board of Assessment Review
Item No. 176, C.C.P., March 31, 1992
Your Honorable Body had requested an opinion from this office
as to removal of a member of the Board of Assessment Review for cause.
The Board of Assessment Review is created by the New York State Heal
Property Tax Law, Section 523. This law provides that the local legislative
body appoint members to the Board. No provision is made in this law for
removal, whether for cause or without cause.
You ask whether Public Officers Law Section 36 and Civil Service Law
Section 75 include any provisions for removal of members of the Board. They do
not. Public Officers Law Section 36 does not apply to cities, and Board
members are not civil servants.
Our research, including consultation with attorneys with the State Board
of Equalization and Assessment, has not unearthed any law or procedure directly
on point. However, it is a general rule that where the power of appointment of
officers for fixed terms is confirmed on a municipal officer or body in general
terms without restriction, as is the case here, than the power of removal by
such municipal officer or body is implied and always exists. Repeated and
unexcused absences from Board meetings and failure to discharge the duties of
the Board member would constitute sufficient cause or removal.
The removal procedure would have to meet due process requirements,
including specific charges regarding the misconduct involved and the individual
being given an opportunity to defend himself. The Council should conduct the
hearing itself to consider the charges and hear testimony. Our office would
assist in the preparation and prosecution of the charges.
RECEIVED AND FILED.
No. 62
Establishing A SEQRA Process For Capital Budget Projects
Item 164 CCP, 4/28/92
A resolution establishing a SEQRA process for capital budget projects
has been referred to this department for comment.
The Law Department supports instituting this procedure on a trial basis
by resolution rather than by ordinance.
REFERRED TO THE COMMITTEE ON LEGISLATION.
FROM THE COMMISSIONER OF COMMUNITY DEVELOPMENT
No. 63
J. Santor - Application to convert a vacant retail store into a take-out
restaurant at 1292-1300 Hertel Ave.
Item No. 96, C.C.P., April 28, 1992
Attached for your information is the Short Environmental Assessment
Form for the matter captioned above.
Mr. Fahey moved:
That the communication from the Commissioner of Community Development,
dated May 5, 1992, be received and filed; and
That "J. Santor - Application to convert a vacant retail store into a
take-out restaurant at 1292-1300 Hertel Avenue" is an unlisted action as
defined in 6 NYCRR Part 617.2. The Common Council has approval power over this
item, and is therefore an involved agency as defined in 617.2. As part of an
uncoordinated review, the Common Council has evaluated an Environmental
Assessment form (EAF) on this item which has been completed by the applicant
(Part l) and by the City Planning Board (Part II); and
Having made an independent assessment of the information contained in the
EAF, the Common Council adopts the findings set forth in Part II and, as a
result, finds that this proposed action will not result in any significant
adverse environmental impacts. Therefore, this Common Council issues a negative
declaration.
ADOPTED.
No. 64
RFP Rotary Rink Fountain Plaza
Attached for your review is the amended RFP for the operation
of Rotary Rink at Fountain Plaza.
Mr. Fahey moved:
That the communication from the Department of Community Development,
dated May 6, 1992, be received and filed; and
That the Commissioner of Community Development be and he hereby is
authorized to issue a Request for Proposal for the Operation of Rotary Rink at
Fountain Plaza as amended in the above communication.
PASSED.
AYES- 13 NOES- 0.
No. 65
Theater District Site Improvements
Change Order 1
I am requesting that Your Honorable Body approve the following
changes and additions to the above contract:
-Field Changes occurred during construction
including additional concrete sawcutting
required and repairs to planter walls
damaged by automobiles. $ 3,500.
- Four additional 8'X8' Planters (at the
contract unit price of $3,850 each. $15,400.
- Three additional 8'X20' curb height
Planters (at a unit price of $5,934 each). $17,802.
TOTAL $36,702.
This addition will raise the total amount of the contract to $133,102. The
Contractor is Feddington Allen, 70 Hawkins Ave., Hamburg, New York 14075. All
prices have been reviewed by our consultant and professional staff and have
been found to be fair and reasonable.
I also request that the amount of retention held on the job be reduced to 2.5%
and that the completion date of the contract be extended to October 30, 1992.
Private construction adjacent to the site will prevent the installation of two
trees until Fall. Funds for this work are available in Account 200-717-520.
Mr. Fahey moved:
That the communication from the Department of Community Development,
dated May 12, 1992, be received and filed; and
That the Commissioner of Community Development be, and he hereby is,
authorized to issue a change order # 1 to Feddington Allen, for Theater
District Site Improvements, changes resulting in a net increase in the amount
of $36,702.00, as more fully described in the above communication; and
That the Commissioner of Community Development, be and he hereby is
authorized to reduce the amount of retention to 2.5% on a contract with
Feddington Allen, 70 Hawkins Avenue, Hamburg, New cork for Theater District
Site Improvements and to extend the completion date of the contract to October
30, 1992. Funds for this work are available in Account # 200-717-520.
PASSED.
AYES- 13 NOES- 0.
No. 66
Permission to accept fund transfer MASTEN POOL
I respectfully request that Your Honorable Body accept a fund
transfer for reconstruction work at the Masten swimming pool and building. The
amount is $9,000 from Community Development Block Grant Account 90-03200 to
Capital Project Account No. 200-402-063 in the Division of Buildings.
Mr. Fahey moved:
That the communication from the Commissioner of Community Development
dated April 28, 1992 be received and filed; and
That a fund transfer for reconstruction work at the Masten swimming pool
in the amount of $9,000.00 from Community Development Block Grant Account
90-03200 to Capital Project Account No. 200-402-063 in the Division of
Buildings be and the same hereby is approved.
PASSED.
AYES- 13 NOES- 0.
No. 67
Establishing a SEQRA Process for Capital Budget Projects
Item No. 164, C.C.P., 4/28/92
We have reviewed your memorandum regarding the SEQRA Process for
Capital Budget Items and find the process generally acceptable with some minor
modifications. We would like to see point 2 clarified requiring specific
information, including project applicant, location, description, acreage of
land affected, zoning, necessary permits and funding sources.
Point 4 should include the provision to refer projects back to the
Council for more information with a concomitant extension of time.
Point 5 should clarify what is expected and who cures incomplete
assessments.
It is recommended that this process be put on a trial basis, therefore
not be enacted as a local law initially.
Finally, we would again like to see the proposed model local SEQRA
ordinance be reviewed and discussed.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 68
Assisting City Centre Project
Attached please find a copy of the Multi-Party Agreement by and
among the City, Buffalo Urban Renewal Agency and Buffalo Economic Development
Company. As you are aware, the approval of Your Honorable Body is required in
order to provide financial assistance to the City Centre Condominium Project.
This project is a vital component of our Residential Downtown Development
efforts. Accordingly, I respectfully request your authorization to enter into
said agreement.
REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT.
No. 69
Revenues/Fixed Assets Report-BURA
Please be advised that there are no additional "allocation agreements"
and be further advised that two of the three contracts on file with the
Comptroller are merely reimbursements of interfund transfers for LaSalle Park
and Ride and Schiller Park Community Center. The other contract is the
Operating Agreement for Rotary Rink, which may or may not generate additional
revenue.
RECEIVED AND FILED.
FROM THE COMMISSIONER OF STREETS
No. 70
H. Gourdin - Oppose Grass Cutting Charge - 67 Alexander
Item # 111, C.C.P. April 14, 1992
I have attached the response received from the foreman when asked
to check if we did indeed cut the lot at 67 Alexander. You will note in his
response we did cut so therefore the bill remained.
RECEIVED AND FILED.
No. 71
J. Robinson - Cancel Erroneous Trash Removal Charge
Item # 121, C.C.P. April 14, 1992
On May 3, 1991 tires were removed from 4 lots Mr. Robinson's being
one of them. The total number of tires removed was 6.23 ton from all 4 lots.
Mr. Robinson was charged for 1.56 ton of tires which is 1/4 of the total
amounts. I have attached a copy of the invoice received from Integrated Tire
RECEIVED AND FILED.
No. 72
E. Whitehead - Purchase Lot Next
to 954 Glenwood
Item # 123, C.C.P. April 14, 1992
The owner of the vacant lots at 956 & 958 Glenwood was billed
for grass cutting done by our department on July 3, 1991.
REFERRED TO THE COMMITTEE ON FINANCE.
FROM THE COMMISSIONER OF INSPECTIONS AND COMMUNITY REVITALIZATION
No. 73
Report of Emergency Demolitions
Due to the very serious and hazardous condition of the properties
listed below, inspections were conducted by this department and it was
determined that immediate action was necessary dye to (l) the structural
condition of the buildings and/or (2) the resulting dangerous and hazardous
condition which exists at the various locations, i.e. in accordance with
guidelines outlined in Chapter 113 of the Ordinances of the City of Buffalo.
Please be advised, therefore, that offers to demolish were solicited on April
22, 1992. The contracts will be awarded to the following lowest bidders:
ADDRESS /OWNER CONTRACTOR/AMOUNT OF BID
872 Fillmore and Garage Integrated Waste Special Services
Willie Ella Sharp $7188.00
956 Northampton
Buffalo, New York
384 Fulton Mainline Contracting
William Mongrow $5100.00
384 Fulton - Buffalo, New York
386 Fulton C. Mays Tree Experts
James and Veronica Clancy $3250.00
386 Fulton - Buffalo, New York
559 Goodyear Integrated Waste Special Services
Bobby and Carey Gilbert $4677.00
559 Goodyear - Buffalo, New York
929 Jefferson Mainline Contracting
Bishop Robert Sanders $4300.00
943 Jefferson
Buffalo, New York
76 Lark and Garage Great Lakes Dismantling
DenIer Sheet Metal Inc. $4600.00
82 Lark
Buffalo, New York
1249 Michigan Maplewood Construction
Evette Warford $5880.00
161 Northampton
Buffalo, New York
41 Parkridge and Garage Pilot Construction
Charles and Diana Johnson $5450.00
41 Parkridge
Buffalo, New York
1052 Smith C. Mays Tree Experts
New York Recycling Inc. $3125.00
336 Emslie
Buffalo, New York
69-71 West C. Mays Tree Experts
Nemenicio Gonzanlez $9500.00
69-71 West
Buffalo, New York
486-90 William Pilot Construction
Wared Brito Abdelmajeed $13,950.00
239 Whitney Place Maplewood Construction
Victor Faracca $3770.00
225 Woltz
Buffalo, New York
Please be further advised that the demolition contractor will arrange for the
sewer and water termination and that the cost is included in the cost of the
project.
We, therefore, respectfully request that upon approval by your honorable body
and inspections made by this department, that the cost of the project be
charged to the Special Assessment Fund # 500-000-002-00000, and that said cost
shall be collected against the owner or person in possession benefitted, under
the provision of Chapter 113 of the Ordinances.
Mr. Fahey moved:
That the communication from the Department of Inspections and Community
Revitalization, dated April 29, 1992, be received and filed; and
That the award by the Commissioner of Inspections and Community
Revitalization of emergency demolition contracts to integrated Waste Special
Services for demolition of 872 Fillmore and Garage in the amount of $7,188.00,
Mainline Contracting for demolition of 384 Fulton in the amount of $5,100.00,
C. Mays Tree Experts for demolition of 386 Fulton, in the amount of $3,250.00,
Integrated Waste Special Services, for demolition of 559 Goodyear, in the
amount of $4,677.00, Mainline Contracting for demolition of 929 Jefferson, in
the amount of $4,300.00, Great Lakes Dismantling for the demolition of 76 Lark
and Garage, in the amount of $4,600.00, Maplewood Construction for demolition
of 1249 Michigan, in the amount of $5,880.00, Pilot Construction for demolition
of 41 Parkridge and Garage, in the amount of $5,450.00, C. Mays Tree Experts
for demolition of 1052 Smith, in the amount of $3,125.00, for demolition of
69-71 West, in the amount of $9,500.00, Pilot Construction for the demolition
of 486-90 William, in the amount of $13,950.00, Maplewood Construction for the
demolition of 239 Whitney Place, in the amount of $3,770.00, the lowest
responsible bidders, are hereby confirmed, ratified and approved. That the cost
of the project be charged against Special Assessment Fund #500-000-002-00000,
and that said cost shall be collected against the owner or person in possession
of the premises and/or shall be assessed against the property benefitted, in
accordance with Chapter 113, of the Ordinances of the City of Buffalo.
PASSED.
AYES- 13 NOES- 0.
No. 74
Request For Inspections At 95 West Humboldt Parkway, 121 West Humboldt Parkway
And 24 Agassiz Circle
Item No. 210, C.C.P. 4/14/92
As per your request recent inspections of 95 Humboldt Parkway
and 121 West Humboldt Parkway, owned by Medaille College and used for student
housing has indicated the following:
95 WEST HUMBOLDT PARKWAY: An interior inspection was conducted on April 22,
1992 by Building Inspectors Angelo Caico, Ray Ostrowski and Richard J.
Herdlein, Dean of Students from Medaille College. The entire interior of the
dwelling was inspected. There is approximately 1368 square feet of habitable
floor space on the first floor and approximately 1272 square feet of habitable
floor space on the second floor. Based on code requirements of one (1) occupant
per one-hundred (100) square foot of habitable floor space, the dwelling has
more than ample square footage to house ten (10) women that live in this
building. In addition to habitable space requirements (square footage),
electrical, plumbing, windows for ventilation, heating, smoke detector
requirements have been met to satisfy state and local building codes.
The concern regarding Zoning 511-Sec. 12 (b.) - Permitted Uses in a R-2
Dwelling District must be addressed as follows:
On June 4, 1984, then presiding Chief City Court Judge H. Buswell Roberts,
addressed the issue of roomers, boarders or lodgers in any building in a R-2
district. Attached for your consideration is a copy of that decision that
Judge Roberts sent to Daniel Devine, Assistant Corporation Counsel Attorney for
the city of Buffalo.
Judge Roberts states the statute does not define "family." More than one or
more persons living together in one dwelling unit and maintaining a common
household may be defined as maintaining a common household. This is in terms of
the statute a ~"family".
In trying to clarify Judge Roberts decision, I have quoted him as it is worded
on page two of that decision. The highlighted area reflects the position we
seem to be locked into with respect to unrelated people sharing a common
dwelling.
121 WEST HUMBOLDT PARKWAY: This one family dwelling was recently purchased by
Medaille College. Its proposed use once remodeled will house off campus
students. Based on the square footage in this dwelling, 12 people could be
housed in this building. However, Mr. Herdlein said nine (9) students would
occupy this building. Mr. Herdlein was made aware of necessary permits that
would have to obtained to remodel 121 West Humboldt Parkway.
24 AGASSIZ CIRCLE: To date our investigation regarding permits issued for 24
Agassiz Circle is not complete. However, preliminary findings indicate this
building is located in a R-2 zoning area. "A Junior College, college or
university either public or private is a permitted use in a R-2 dwelling
district."
Hopefully this resolution submitted by Councilman Coppola regarding the above
addresses has been addressed to your satisfaction at this time.
REFERRED TO THE COMMITTEE ON LEGISLATION.
FROM THE COMMISSIONER OF ADMINISTRATION AND FINANCE
No. 75
Fiscal Independence For The Buffalo Board Of Education
Item # 219, C.C.P. April 14, 1992
The current real property constitutional taxing limit, as it applies
to both the City and the Board of Education for the 1991-92 fiscal year, is
$136,279,340. The property tax levy for 1991-92 was set at $114,014,524 which
left a property tax levying margin of $22,264,816. For 1992-93, The City has a
tentative property tax levying margin of $37 million.
The City's tax levy is limited by the so called "2% tax limit". This tax
limit amount is derived by taking the total assessed property values of the
previous five years and dividing them by the special equalization rates
(supplied by the State) for each of those years to reach "full property values"
for those five (5) years. The average of the five (5) years of "full value" is
then calculated. To the average full value are added certain amounts that are
excluded from the 2% limit. The resultant amount is the taxing limit and is
the total tax that can be levied for both City and Board of Education
requirements.
In the matter of apportioning the tax limit between City and Schools, if
the school system were to gain fiscal independence, there is no readily
available precedent. The Law department should be consulted as to what is
legally permissible.
Finally, the recent severe cutbacks in general purpose aid to the City
are causing the general City departments to become increasingly dependent on
local revenue sources such as the property tax. In contrast, State Education
aid to Buffalo has consistently increased. This trend must be considered in any
apportioning of the tax limit between the City and its school system.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 76
Costs for Evening Hearings
In response to your request, the feasibility of holding one (l)
evening hearing a month in the Parking Violations Bureau will require:
2 Hearing Room Employees, to enter the hearing results, at time and a half
2 x 2 1/2hrs. x $15= $75
2 Public Service Employees, to assist with questions and information requested
by the public, at time and a half
2 x 2 1/2hrs. x $14.54=$72.70
2 Hearing Officers, to adjudicate the hearings.
2 x 4 hrs. x $13.75=$110
1 Supervisor, to oversee the operation, at time and a half
1 x 2 1/2hrs. x $22.83=$57.07
For treasury:
2 Tellers, to accept payments of the hearing results, at time and a half
2 x 2 1/2hrs. x $16.01=$80.05
1 Supervisor, to oversee the tellers, at time and a half
l x 2 1/2hrs. x $22.83=$57.07
Plus 1 Police Officer for security in treasury.
The total cost would be approximately $455 per month for 1 evening hearing,
excluding the cost of the police officer.
Due to the relocation of our tellers, the new fine structure effective May 1,
and other programs we are involved with, we would not be able to institute
evening hearings until July 1, 1992, providing the funds are added to the
budget.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 77
Request Response On Current Linwood Avenue
Parking Problems
C.C.P. # 162 April 28, 1992
The above item was referred to this office for a response.
On April 28, 1992 I appeared before Your Honorable Body as requested, to
explain my decision to not dispatch Parking Enforcement Officers to enforce the
illegally parked vehicles on Linwood Avenue where the abortion protestors were
protesting.
As I explained, my foremost and absolute concern is the safety of my officers
and that I will do whatever I must to secure their safety. Our parking
enforcement officers are without protection. They have no means to protect
themselves and considering the volatility of the crowd that assembled at the
Linwood Clinic, I was concerned for their safety. Unfortunately, society even
though they parked illegally are not willing to admit they are wrong. They
tend to release their anger by physically attacking the officers. Weighing the
situation that existed, I could not consciously subject the officers to
possible assault. I felt that since the police, who are equipped with
protection, were present, they could enforce illegally parked vehicles.
I spoke to Commissioner Degenhart and asked if the police officers assigned to
the area could tag. The Commissioner agreed to help.
REFERRED TO THE COMMITTEE ON LEGISLATION.
FROM THE COMMISSIONER OF HUMAN RESOURCES
No. 78
Father Belle Boxing Program
Pursuant to the request from the Father Belle Community Center
to use the boxing ring at the closed youth center on Austin Street, I have
received notification from the Law Department that the center has adequate
insurance coverage. I am, therefore, requesting your Honorable Body to approve
the transfer of the ring from the division for youth to the Father Belle
Community Center to be used by the boxing program for inner city youths.
REFERRED TO THE COMMITTEE ON LEGISLATION.
FROM THE COMMISSIONER OF GENERAL SERVICES
No. 79
Police Vehicle Auction
April 15, 1992
At an open bid auction held at the Police Garage on April 15,
1992, the Department of General Services accepted bids for a 1967, Chevrolet
Corvette. This vehicle was acquired as abandoned property.
Enclosed is a photograph of the vehicle and NYS Department of Motor Vehicles
form MV-272 assigning a NYS Vehicle Identification Number to the vehicle.
Request your approval to dispose of this vehicle to bid from Mr. Paul Smith of
Lockport, NY for the high bid of $7800.00.
Filing delayed due to verification of the correct account for deposit of
proceeds from the sale of this vehicle.
That the communication from the Commissioner of General Services dated
April 27, 1992 be received and filed; and
That the Commissioner of General Services be and the same hereby is
authorized to accept the high bid of Mr. Paul Smith of Lockport, NY in the
amount Of $7,800.00 for a 1967 Chevrolet Corvette. The City acquired this
vehicle as abandoned property.
PASSED.
AYES- 13 NOES- 0.
FROM THE MUNICIPAL CIVIL SERVICE COMMISSION
No. 80
Contingent- Permanent Employees
At a meeting held on April 15, 1992 the Commission considered
your request for information relative to civil service positions presently
filled on a contingent-permanent basis. Listed below are the current
contingent-permanent appointments:
Paul Bonvissuto, Computer Programmer
Albert J. Renzoni, Grants Audit Supervisor
Joseph P. Pendolino, Chief Audit Inspector
Janet M. Kniazuk, Associate Account Clerk
Louis M. Biondi, Associate Accountant
Charles E. McSwain, Associate Accountant
Ruth O'Leary, Teller
Phillip Kozerski, Senior Assessor
Patrick H. O'Rourke, Assistant to the Commissioner of
General Services
Robert B. Collier, Police Lieutenant
David R. Schweitzer, Police Lieutenant
Fred D. Young, Police Lieutenant
Martin J. Jurewicz, Police Captain
Victor D. Makosky, Police Captain
Lawrence M. Ramunno, Police Captain
Louis A. Angrisano, Fire Lieutenant
Davis S. Marciniak, Fire Lieutenant
Charles F. Mullins, Fire Captain
Robert C. Russell, Battalion Chief
Thomas J. Peltz, Supervising Accountant
June V. Barnes, Administrative Assistant
If you have any questions in this regard, please contact this office.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
No. 81
Park Utility Worker List
Item # 212, CCP 4/14/92
This is in reply to your inquiry dated April 15, 1992.
You requested a report relative to the status of Kevin DellaPenta and Paul
Maranca, candidates on the eligible list for Park Utility Worker.
Be advised that Kevin DellaPenta is currently ranked # 1 on the promotional and
open competitive eligible lists, and Paul Maranca is currently ranked # 2 on
the promotional eligible list.
If you have any questions in this regard, please contact me.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
FROM THE BOARD OF EDUCATION
No. 82
Board Support for Fiscal Independence
Enclosed is a copy of a page of the Board of Education minutes
for the January 9, 1991 Board of Education meeting. The indicated excerpt
contains a motion asking the Common Council to send the State Legislature a
home rule message supporting fiscal independence for the Board, as recommended
in the Higgins Commission Report. The motion passed seven to one.
A letter indicating this action was sent to the Council subsequent to the
meeting.
REFERRED TO THE COMMITTEE ON FINANCE.
FROM THE CITY CLERK
No. 83
Support/Objections Operation Rescue
Attached for your information are letters for and against Operation
Rescue demonstrations.
RECEIVED AND FILED.
No. 84
COUNCIL STAFF
Authorize Release of BCAM Equipment
As agent for The City of Buffalo approves the removal of the
public access equipment for your facility by Buffalo Cable Access Media (BCAM).
Ms. Mooney has informed me that she has made arrangements with you to remove
the equipment on Wednesday May 6th at 1:30 PM. I understand that they plan to
rent a vehicle to make the move themselves to their new location at 101 LaSalle
Ave.
If further correspondence is needed, please do not hesitate to contact me
at 851-4195.
RECEIVED AND FILED.
No. 85
Liquor License Applications
Attached hereto are communications from persons applying for liquor
licenses from the Erie County Alcohol Beverage Control Board.
Address Business Name Owner's Name
365-367 Connecticut Lound, Inc. Louis M. Dipasquale, president
RECEIVED AND FILED.
No. 86
Leaves of Absences Without Pay
I transmit herewith communications received by me, reporting the
granting of leaves of absences without pay, in the various departments as
listed:
Public Works- Donald T. Schmelzinger
Street Sanitation- Richard L. Fontana
Human Resources- Doris I. Luchey
RECEIVED AND FILED.
No. 87
Reports of Attendance
Various Boards, Etc.
I transmit herewith communications received by me from various
Boards, Commissions, Agencies and Authorities, reporting the membership
attendance at their respective meetings:
Board of Stadium and Auditorium
Buffalo Sewer Authority
Civil Service Commission
Municipal Housing Authority
Zoning Board of Appeals
RECEIVED AND FILED.
No. 88
Notices of Appointments
I transmit herewith communications received by me, reporting appointments
made in various departments. (Minimum, Flat Rate, Hourly, Etc.)
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
FROM THE DEPARTMENT OF STADIUM & AUDITORIUM
Appointment to become effective April 27, 1992 in the Department
of Stadium & Auditorium, Division of Pilot Field to the position of Laborer I,
Seasonal at the starting salary of $5.98/hour.
Willie Anderson, 115 Shumway St., Buffalo, 14206
Michael Burns, 92 Portland Ave., Buffalo, 14220
Guy Cammarano, 56 Folger St. Buffalo, 14212
Sharon Campbell, 205 Marine Drive, Buffalo, 14202
John Conrad, 53 Oakhurst St., Buffalo, 14220
Jacob Craddock , 32 Hoffman St. , Buffalo, 14207
James Cummings , 58 Good Avenue, Buffalo, 14220
Patrick Farry, 26 Regent St., Buffalo, 14206
Michael Glavey , 7 Britt St., Buffalo, 14220
Timothy Gozdan, 39 Edson St. ,Buffalo 14210
Walter Griffin, 1039 Smith St., Buffalo, 14212
Edward Hackbush, 173 Heath St., Buffalo, 14214
Thomas Halbert, 117 Stevenson St., Buffalo, 14220
Richard Hehir, 140 Kenefick St., Buffalo, 14220
Mark Higgins, 186 Kentucky St., Buffalo, 14204
Kevin Horrigan, 68 Lockwood Ave., Buffalo, 14220
Denise Jones, 973 Ellicott St., Buffalo, 14203
John Kurziel, 43 Fitzgerald St., Buffalo, 14216
Leonard Laufer, 148 Brinkman St., Buffalo, 14211
William Laufer, 148 Brinkman St., Buffalo, 14211
Albert Maloney, 51 Trowbridge St., Buffalo, 14220
David Maloney, 16 Lakewood Ave., Buffalo, 14220
Norris Mays, 416 Winslow Ave., Buffalo, 14211
Kurt McGowan, 8 Fields St., Buffalo, 14210
James McLaughlin, 111 Southside Pkwy., Buffalo, 14220
Donald McLennan, 193 Ashland Ave., Buffalo, 14222
Kevin McNamara, 214 Tuscarora Rd., Buffalo, 14220
Thomas O'Leary, 100 Ryan St., Buffalo, 14210
Terrence O'Rourke, 712 McKinley Pkwy., Buffalo, 14220
Michael Parot, 10 South St., Buffalo, 14204
Maurice Perry, 1798 Seneca St., Buffalo, 14210
James Quinn, 723 McKinley Pkwy., Buffalo, 14220
Donald Rodriguez, 53 Good St., Buffalo, 14220
Kellie Safford, 284 Grape St., Buffalo, 14204
Rebekah Safford, 284 Grape St., Buffalo, 14202
Randolph Schuster, 77 Melrose St., Buffalo, 14220
Gerard Seltz, 192 Whitfield Ave., Buffalo, 14220
Darlene Swenton, 42 Philadelphia St., Buffalo, 14207
Daniel Wilson, 49 Carlyle St., Buffalo, 14202
Appointment to become effective April 29, 1992 in the Department of Stadium &
Auditorium, Division of Pilot Field Stadium to the position of Laborer I,
Seasonal at the starting salary of $5.98/hour.
William Gorman, 49 Essex St., Buffalo, 14213
Gerald Hayes, 28 Cazenovia St., Buffalo, 14220
Appointments to become effective May 6, 1992 in the Department of Stadium &
Auditorium, Division of Pilot Field Stadium to the position of Laborer I,
Seasonal at the starting salary of $5.98/hour.
Matthew Lalley, 21 Edgewood Avenue, Buffalo, 14220
Peter Nigrelli, 160 Bloomfield Avenue, Buffalo, 14220
Appointments to become effective April 27, 1992 in the Department of Stadium &
Auditorium, Division of Pilot Field Stadium to the position of Laborer II,
Seasonal at the starting salary of $6.65/hour.
Joyce Baginski, 170 Titus St. Buffalo, 14212
Frank Bell, 26 Dodge St., Buffalo, 14209
Margaret Bugaj, 31 Parkview St., Buffalo, 14210
Ann DiStefano, 2096 Delaware Ave. Buffalo, 14216
Salvatore Dobrowolski, 119 Arbour Lane, Buffalo, 14220
M.T. McNeal, 791 Sycamore St., Buffalo, 14212
Charles Mims, 74 Harmonia St., Buffalo, 14211
Joan Mutka, 146 Lewis St., Buffalo, 14206
Arlene Simpson, 42 Riverside Ave., Buffalo, 14207
James Toms, 82 Rosedale St., Buffalo, 14207
Appointment to become effective April 29, 1992 in the Department of Stadium &
Auditorium, Division of Pilot Field Stadium, John Thiry, Sr., 158 Montgomery
St., Buffalo, NY 14206 to the position of Laborer II, Seasonal at the starting
salary of $6.65/hour.
FROM THE DEPARTMENT OF PUBLIC WORKS
Appointment to become effective May 4, 1992 in the Department
of Public Works, Division of Water to the position of Clerk, Seasonal at the
starting salary of $5.00/hour.
Mary Frances Fay, 11 Pawnee Parkway, Buffalo, New York 14220
Ann M. Finger, 336 Eden Street, Buffalo, New York 14220
Appointment to become effective April 27, 1992 in the Department of Public
Works, Division of Engineering, Sandra Ortolano, 20 Fairchild Pl., Buffalo, NY
14216 to the position of Laborer I, Seasonal at the starting salary of
$5.98/hour.
Appointments to become effective April, 27, 1992 in the Department of Public
Works, Division of Engineering to the position of Bridge Operating Engineer,
Seasonal at the starting salary of $7.02/hour.
Robert A. Brill, 282 Katherine St., Buffalo, NY 14210
Joseph M. Mancini, 191 Como Avenue, Buffalo, NY 14220
Vincent S. Astyk, 18 Strathmore Avenue, Buffalo, NY 14220
John Smigiel, 44 Youngs St., Buffalo, NY 14212
Appointment to become effective April 27, 1992 in the Department of Public
works, Division of Engineering, Anthony R. Disarno, 69 Allegany, Buffalo, NY
14220 to the position of Electrician, Permanent at the starting salary of
$22,422.
Appointment to become effective May 5, 1992 in the Department of Public Works,
Division of Water, John P. School, 27 Seneca Parkside, Buffalo, NY 14210 to the
position of Sr. 1st Class Stationary Engineer, Temporary at the starting salary
of $25,017
FROM THE DEPARTMENT OF PARKS
Appointments to become effective April 27, 1992 in the Department
of Parks, to the position of Fee Collector, Seasonal at the starting salary of
$4.75/hour.
Walter Burshtynski, 126 Bird Ave., Buffalo 14213
Charles Agro, 856 Parkside Ave., Buffalo 14216
Gene Cullen, 90 Leedy St., Buffalo 14220
James Hillery, 141 Carlyle, Buffalo 14220
Thomas Lynch Sr., 54 Ashton St., Buffalo 14220
Stanley Murak, 1080 Kensington Ave., Buffalo 14215
James Neary, 33 O'Kell, Buffalo 14220
Appointments to become effective May 8, 1992 in the Department of Parks, to the
position of fee Collector, Seasonal, at the starting salary of $4.75/hour.
Eugene Heftka , 30 Warren Ave., Buffalo 14212.
Brian R. Donovan, 57 Susan Lane, Buffalo 14220
Appointment to become effective May 11, 1992, in the Department of Parks,
Robert O'Leary, 100 Ryan St., Buffalo, NY 14210 to the position of Fee
Collector, Seasonal at the starting salary of $4.75/hour.
Appointments to become effective May 4, 1992 in the Department of Parks, to the
position of Laborer II, Seasonal at the starting salary of $6.65/hour.
Kelvin B. Bell, 266 Northland St., Buffalo 14208 -
William A. Cieszynski, 104 Ashley St., Buffalo 14212
FROM THE DEPARTMENT OF POLICE
Appointment to become effective April 28,1992 in the Department
of Police Donald Gold, 108 Gorton St., Buffalo, NY 14207 to the position of
Laborer I, Permanent at the starting salary of $7.87/hour.
FROM THE DEPARTMENT OF STREET SANITATION
Appointments to become effective April 27,1992 in the Department
of Street Sanitation to the position of Laborer II, Seasonal at the starting
salary of $6.65/hour.
Patrick J. Lynch, 77 Milford, Buffalo, New York 14220
Carmen T. Pace, 328 Grant St., Buffalo, NY 14213
Scott C. Sullivan, 77 St. Johns Parkside, Buffalo, New York 14211
Robert J. Sumera, Jr., 180 Miller Ave., Buffalo, New York 14211
Appointments to become effective May 4, 1992 in the Department of Street
Sanitation to the position of Laborer II, Seasonal at the starting salary of
$6.65/hour.
Lawrence A. Boruszewski, 447 South Ogden, Buffalo, NY 14206
Anthony J. Chimera 406 Linden Avenue, Buffalo, NY 14216
Thomas A. Cieszynski, 104 Ashley St., Buffalo, NY 14212
Patrick T. Driscoll, 138 Bloomfield, Buffalo, NY 14220
Michael P. Edwards, 51 Alsace Avenue, Buffalo, NY 14220
Mark D. Hill, 931 Prospect Ave., Buffalo, NY 14213
Tracy W. Grant, 100 Columbus Avenue, Buffalo, NY 14220
Patrick A. Kelly, 9 Courtland Avenue, Buffalo, NY 14215
Wayne A. Mack, 28 Avondale Place, Buffalo, NY 14210
Kevin M. Kennedy, 6 Yale Place, Buffalo, NY 14210
Michael J. McCarthy, 376 McKinley Pkwy., Buffalo, NY 14220
Paul F. McMahon, 120 Tuscarora Rd., Buffalo, NY 14220
John J. Randolph, 191 Mackinaw St., Buffalo, NY 14204
Michael L. Scanlon, 201 Cumberland Ave., Buffalo, NY 14220
Paul E. Tytka, 7 Dorris Avenue, Buffalo, NY 14215
Vincent T. Vanderlip, 69 Seminole Pkwy., Buffalo, NY 14210
Appointments to become effective April 27, 1992 in the Department of Street
Sanitation to the position of Laborer II, Seasonal at the starting salary of
$6.65/hour.
Peter J. Aramini, 260 Ludington, Buffalo, NY 14206
Samuel D. Beu, Jr., 704 Abbott Road, Buffalo, NY 14220
Robert T. Black, 93 O'Connell Avenue, Buffalo, NY 14204
Brian Carrig, 53 Oakhurst, Buffalo, NY 14220
Matthew Cybulski, 88 Schiller Street, Buffalo, NY 14216
Robert J. Hughes, 30 Whitfield Avenue, Buffalo, NY 14220
Larry E. Klemp, 71 Red Jacket Pkwy., Buffalo, NY 14220
Michael D. Lane, 9 Greenfield St., Buffalo, NY 14214
FROM THE DEPARTMENT OF HUMAN RESOURCES
Appointment to become effective April 28, 1992 in the Department
of Human Resources, Division of Youth, Karshan R. Allen, 700 Humboldt Pkwy.,
Buffalo, NY 14211 to position of Attendant, Temporary at the starting salary of
$4.25/hour.
FROM THE DEPARTMENT OF GENERAL SERVICES
Appointment to become effective April 27, 1992 in the Department
of General Services, Division of Inventory & Stores to the position of Laborer
II, Seasonal at the starting salary of $6.65/hour.
Daniel A. Karlinski, 349 Walden Ave., Buffalo, 14211
Walter J. Polak, 67 Koons Ave., Buffalo, 14212
Appointment to become effective May 4, 1992 in the Department of General
Services, Division of Inventory & Stores to the position of Laborer II,
Seasonal at the starting salary of $6.65/hour.
Verley Davis, Jr., 35 Antwerp St., Buffalo, NY 14211
Dennis Vitale, 143 Saranac Ave., Buffalo, NY 14216
NON-OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES
NON-OFFICIAL COMMUNICATIONS
No. 89
BCAM
Increased Funding
Buffalo Cable Access Media (BCAM) the public access operator for
the City of Buffalo will open its doors this month at 101 LaSalle after a two
year absence of public access in the city.- During the 9 months since the
commencement of our contract in October 1991, BCAM has been actively developing
its foundation as a communications center which will outreach to and inform the
citizens and organizations in Buffalo about public access, and train them in
video production which will be cablecast on Channel 32.
As we prepare to offer services to the community in June, plan for the
new fiscal year, and put in motion our community action plan, it is clear that
the current funding level for public access in Buffalo is lower than what is
needed in studying other cities like Buffalo across the country, we find that
it is common for public access to receive a portion of the franchise fee (5% of
gross revenues paid by the cable company to the City as required by federal
law) for its operation. To achieve an appropriate level of funding such that
BCAM can deliver its services to citizens and organizations in the City of
Buffalo, BCAM is requesting that Common Council approve funding BCAM from the
franchise fee at the level of 2 of the 5% (that is, 40% of the franchise fee)
that it receives annually from TCI of New York. Monies received from the
franchise fee will be used to augment current funding from TCI to expand our
operational services.
To introduce the workings of public access television, a city-wide
outreach campaign will begin this month to inform the community of the
resources available. An informational brochure, with a tear-off return
questionnaire will be mailed to over 5,000 organizations and individuals who
provide services in Buffalo. A speakers bureau is currently being established
consisting of BCAM staff, members of the board of directors and community
volunteers to address potential users on what public access is, and how they
can take advantage of our services. Through the community outreach campaign
BCAM will be targeting not-for-profit organizations, cultural groups, human
services agencies and a multitude of other groups who will benefit from BCAM
services. The Buffalo Ad Council has offered to assist BCAM by providing
professional marketing and public relations experts and media resources to
continue working on outreach plans. The results derived from the outreach
campaign will further develop channel 32 as a broad public forum, reaching into
the homes of all of the city's neighborhoods, with programs representing
diverse ethnic, cultural and community interests and opinions.
It is imperative for the City to assist BCAM financially in achieving the
growth necessary to provide the breadth and quality of public access service
for the Buffalo community. We believe that our receiving 2 of the 5% of the
cable company gross revenue (40% of the franchise fee) will ensure that BCAM
can successfully deliver public access television in a city as large and
diverse as Buffalo.
REFERRED TO THE COMMITTEE OF THE WHOLE.
AYES- AMOS, BAKOS, BELL, COLLINS, COPPOLA, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO,
PERLA, PITTS, ZUCHLEWSKI- 12.
NOES- ARTHUR- 1.
No. 90
CITIZENS SALARY REVIEW COMMISSION
1992 Report
The Citizens Salary Review Commission was established pursuant
to Article 24, Section 452a of the Buffalo City Charter.
The purpose of the Commission is to "review the salaries of all elected
officials of the City of Buffalo except members of the Board of Education and
report its recommendations to the Common Council by May first of that year."
The City Charter further states that "the Common Council must adopt,
modify or reject the report of the Commission by June fifteenth of said year.
The effective date of any approved recommendations shall be January first of
the next even year after approval."
The 1992 Commission began its deliberations with an organizational
meeting on April 13, 1992. Warren Galloway was elected Chairman, Sergio
Fornasiero was elected Vice Chairman and Eunice A. Wozniak was elected
Secretary. The Comptroller's office staff provided the Commission with resource
materials and clerical assistance.
Due to time and scheduling constraints, the Commission decide to forego
the interview process with elected officials as well as a public hearing.
Instead, elected officials were surveyed informally if they wished to provide
either written or verbal suggestions to the Commission. Two Councilmembers
submitted written opinions, while several Councilmembers and the City
Comptroller expressed their opinions verbally.
In light of the current budgetary difficulties being experienced by the
City of Buffalo in fiscal year 1991-92 (a deficit of nearly $18 million)
and projected into fiscal year 1992-93 (an estimated deficit of approximately
$53 million or $70 million if budget notes are sold to eliminate the 1991-92
deficit), the Commission concluded that it can not recommend any increase to
the current salary structure of the City's elected officials until such time
the City's fiscal and budgetary problems are rectified.
Therefore, the Commission recommends that salary levels for the City's
elected officials beginning January 1,1994 remain:
Mayor $79,380
Comptroller $73,868
President of the Council $52,920
Councilmember $41, 895
Mr. Fahey moved:
That the communication from the Citizens Salary Review Commission 1992,
dated May 1, 1992 be received and filed; and
That the recommendation for no increase in the current salary structure
of the City's elected officials until such time as the City's fiscal and
budgetary problems are rectified, be, and hereby is, accepted; salary levels
for the Mayor, Comptroller, President of the Council and Councilmembers thereby
unchanged after January 1, 1994.
ADOPTED.
No. 91
KLEINHANS MUSIC HALL MGMT., INC.
Reply to Audit - Kleinhans
Item # 38 C.C.P. April 14, 1992
Thank you for your letter to me dated April 15, 1992, together
with the Report of Audit enclosed relative to the above.
I am sorry I was not able to respond to this by last Thursday, April 23.
I was out ill most of last week, this Preventing my doing so.
I have no comments or recommendations to add to the Report other than to
state that we are still awaiting action on our Council approved $140,975 claim,
by the Common Council and by the Comptroller and receipt of the City's check
for same.
RECEIVED AND FILED.
No. 92
MICHAEL LOVULLO
Offer to Purchase Bookcase
I have recently come across an old bookcase that is slated for
storage. I would like to purchase this bookcase and restore it. The bookcase
in question is located in the hall on the twelfth floor just outside Mr.
SanFilippo's office. The bookcase is a little dry rotted and the second case
has detached from the base. Also, the bottom glass window has unhinged.
I am willing to take this off the city hands for $25.00 (twenty-five
dollars).
Thank you for looking into this matter for me.
REFERRED TO THE COUNCIL STAFF.
No. 93
HERMAN J. MELLAN
Question Rationale of Water Board
The Mayor of Buffalo, the Honorable James D. Griffin, has submitted
to the Common Council for confirmation, the identity of a list of individuals
whom he has selected to serve as members of what he has identified as the
Buffalo Water Board, which power of appointment is granted under state law. As
stated, the appointments are subject to approval by the Common Council.
I reside in Buffalo in my own home, and, because any action which the
city government takes in the matter of establishing, or rejecting the proposed
establishment of a Buffalo Water Board, leading eventually to the establishment
or not, of a water authority, would impact directly upon me, I ask your
Honorable Body to hear my examination of the situation, and to act in support
of good government.
News stories carry the message of the city government, that creation of a
water authority would allow the city to "sell" the Buffalo water system to such
an authority, bringing to the city a one time windfall of $ 25 million. The
obvious potential effects of such a giant step should be examined and weighed
most carefully, before taking any action on the pleaded confirmation of the
proposed members of a proposed Water Board.
The establishment of a water board, achieved by confirmation of the
proposed members, cannot be predicated upon a claimed need for money for
operation and maintenance of the city. The decision to confirm or reject the
nominees must be based upon the evaluation of a water board, per se.
It is recognized that the motivation for initiating the proposal is to
obtain more money delivered to the city of Buffalo, by the establishment of a
Buffalo Water Board, and the source of money for such delivery, shall be , only
, the purchasers of water from the yet to be empowered Buffalo water authority.
News publicity about the proposed sale of the Division of Water, has shown
that the money for the purchase of the water system shall be extracted solely
from the users of city water , and that each three month bill will rise at
least sixty percent ( 60 % ) , with the certain potential that further
increases will follow, upon the establishment of a Buffalo Water Board, and,
eventually, a water authority.
The proposed plan to establish a Buffalo Water Board is harmful to all
users of city water. Implementation of the plan would attach a confiscatory
tax levy upon a common material, the continued availability and use of such
material, is essential for the continued existence of each person in the city.
In view of the extractions of monies as tax levies imposed by all levels of
government, the burden is intolerable. The city has become a city of fewer
residents, the city is becoming more and more a city of the elderly, the poor
and the disadvantaged, and those residents are less able to carry increased tax
burdens than residents in the past. The non-tax-producing entities continue in
position, so that there is a multiplyer effect put upon the tax paying public.
The drastic increases in the price of city water which would be forced
upon the users of city water, following a sell-off of the water system, would
be particularly unjustified as an added burden placed upon houses of worship,
private schools, facilities giving service to the community, small businesses
struggling to survive, and other users of city water who may have no procedure
for passing on the extra costs to some other consumer. The present cost of
city water is not a small item. Users of city water have experienced an
increase of the cost of the material over the past 25 years, substantially
greater than Inflation driven costs, generally
Recognition must be given to the fact that the cumulative effect of
rising government expenditures at the local, state, and federal levels combined
is the driving force which has loaded upon us all, destructive inflation and
loss of purchasing power. No matter how much income is added to government at
any level, the so-called "problems- of government are never solved, but rather
, are further intensified, bringing on demands by governments for more
government income.
Authorities do not solve problems, - authorities create problems.
The long line parade of the formation of authorities is a disservice to
good government. The formation of an authority, followed by the assignment of
powers to function, transfers governing power to an entity not responsive to
the democratic process of government, which process of government is the
foundation of this nation.
In the mid 1930s , the state department of health mandated Buffalo to end
its Polution of Niagara River, which meant that a treatment plant had to be
built. Buffalo 's bonded debt was so near the legal limit that Buffalo could
not float the bonds needed to finance the sewer plant construction. The
Buffalo Sewer Authority was created in 1935 , to move on with the construction
of a treatment plant to fulfill the mandate of the state health department.
Members of your Honorable Body are in the process of examining the financial
activities of the Sewer Authority, so, for now, I leave in your hands the
further examination of that subject.
Government must be aware, and citizens must aid government to be aware,
of the results of establishing authorities. No more severe example of warpage
of government can be found than the Niagara Frontier Transportation authority (
NFTA). NFTA has existed and continues to exist since its formation, dependant
upon vast outlays of tax monies, transferred to NFTA by the federal government,
the state government, the county government, and the city government. In
addition to receiving direct, annual tax support, NFTA receives additional tax
support tapped into unrelated activities, and the news stories report that NFTA
is on the prowl seeking additional support monies from unrelated functions.
NFTA sliced through Buffalo with a "light rail line" , without so much as
a reference to Buffalo government, except the singular act of getting a city
permit to cut a hole in Main Street for rail cars to enter. With vast transfers
of federal monies from Urban Mass Transportation Agency ( UMTA ) , the ambience
of downtown Buffalo was changed substantially, without proven good effect. And
when NFTA demanded more tax money be put into its coffers, it used the power of
its own billy-club, - NFTA suspended metro operations until the guarantee of
more money was in place, and some of that money came from the city of Buffalo.
None of this was contemplated when NFTA was formed as an authority. What
eventualities may befall us upon the establishment of a Buffalo Water Board ?
I repeat: AUTHORITIES DO NOT SOLVE PROBLEMS, - AUTHORITIES CREATE
PROBLEMS.
The Administrative Branch of Buffalo government, has informed the
residents of Buffalo, through a news release to the media, "... that proceeds
from the sale of the water system could be used to close the deficit.". The
purpose of the intended sale has been identified by city government. The
purpose of the proposed sale of the water system is to have and receive monies
for operation and maintenance of the city. The original source of monies to be
paid to the city in the sale of the water system, is, solely, the users of city
water. The users of city water would be billed for the cost of delivery of
city water, plus the cost of purchasing the water system from the city.
The pronouncements of city government have clearly and specifically
identified, that, the monies to be had and received by the city through the
sale of the water system are to be used as tax levies in support of the general
activities of operation and maintenance of the city.
In a settled case at law, the city is denied the legal authority to move
in the manner in which it is attempting to do, in proposing the establishment
of a Buffalo Water Board.
The President of the United States issued an Executive Order which
imposed a wage and price freeze, effective August 15, 1971. The city of Buffalo
raised water rates in violation of the presidential Executive Order. The
Department of Justice of the federal government brought the city of Buffalo
into federal court charging that violation. The city argued that making water
available to users of water was a service provided by the city, which requires
tax income to provide operation and maintenance of city government. The
service requires tax support. The city argued that the increase in rates
imposed on users of city water was not an increase in the price of a material,
but rather was in the nature of paying for a service in the manner of a tax.
The court threw out the city's argument.
The court ruled that the sale of water to users of city water was
substantially a sale of material, the price of which is controlled by the
Executive Order of the President. Accordingly the federal court ordered
refunds be made to users of Buffalo city water who were billed in violation of
the Executive Order. Refunds were made.
The grounds on which the federal court stated that it based its ruling,
was the court's observation that residents who pay water bills are purchasing a
material. That purchase of material is not in the realm of obtaining a service
from the city, supported by tax levies. The delivery of city water is a
delivery of a material and is not a taxable service. The ruling of the federal
court directs that money paid by users of city water to the city is payment for
a material, and the cost of delivering that material is included in the price
paid. The price paid for city water includes payment for the cost of filtering
and treating the water, and the cost of pumping the city water. The city
Annual Report shows that the cost of materials and supplies used to maintain
the water system each year is part of the total cost, and the total cost is the
basis for setting water rates.
The period of application of the Executive Order has expired.
The order of the court defining city water as a material remains without
limit of time.
The decision of the court in ruling that city water as a purchased
material cannot have attached to the purchase of city water, any value as a
tax, remains without limit of time.
The city of Buffalo government, legislature and administration, in
office, which moved to violate the presidential Executive Order, locked itself
into an historical position of infamy, for indeed, it was that same government
which acted in violation of the New York State Constitution as decided by the
Supreme Court of New York State in an action recognized as the Hurd decision.
The so-called " Hurd matter " continues as a burden for city taxpayers
currently, and for years to come, wherein the bond floated in 1991 by the city
to have funds to make the so-called refunds, must be amortized this year, and
continuing for years to come, with the burden for providing funds to amortize
being carried by city taxpayers. The so-called refunding procedure is a
travesty of misadministered justice. That same government in office in 1971
acted in a manner to invite the district attorneys investigation of the " no
shows " , which was a group of persons receiving wage payments from the city,
but the records showed that they did not appear on any scene to do any city
work.
The city of Buffalo government in office presently, has the opportunity
to avoid taking an action, which would certainly be excessively burdensome upon
users of city water for years to come, which raises questions of legality,
which proposal for action is a proposal to engage in gimmickry, and patently,
is a proposal to treat users of city water in a most cavalier manner. By
avoiding taking action to form a Buffalo Water Board, the present city
government would avoid having history align it with the 1971 city government.
The claim that the establishment of a Buffalo Water Board is essential to
secure fiscal integrity is without foundation in fact. There are procedures and
processes of paying for city services, which, do not involve the creation of an
authority; and I would be pleased to outline them at another time.
Your Honorable Body has a responsibility to fulfill.
Fulfillment of that responsibility demands that your Honorable Body deny
confirmation of the proposed appointees to a proposed Buffalo Water Board.
I make this statement as a conservator of good government, and I invite
you to join me in that good effort, to conserve good government.
REFERRED TO THE COMMITTEE ON LEGISLATION
No. 94
HERBERT MELLAN
Request Hearings on Fiscal/Budget Matters
On April 24, 1992, a document under the title, "Closing the City's
Budget Gap" stated to have been Prepared by a task group, having as prime
sponsors, The Greater Buffalo Development Foundation and the Buffalo chamber of
Commerce, was put in the hands of officers of the city, under a memorandum
addressed to Mayor James D. Griff in, Comptroller Joel A. Giambra, and Members,
Buffalo Common Council.
That document examined numerous tax sources, existing and potential, and
urged upon the officers of the city, actions to increase income to the city by
imposing upon city tax- payers, increases in taxes to the maximum allowed by
current law, increases in hidden taxes, institution of new taxes, etc. The
document urges many other actions be taken - reducing services to the community
which have been supported by tax income to the city in the face of stripping
more money from the community in the form of taxes.
The Common Council has begun the process of giving serious consideration
to the new and additional sources of income to the city, in the manner as urged
be done, by the task group statement identified above. The additional tax and
fee income, and the new tax and fee income, urged by the task group be put in
place, would have as its singular source, the taxpayers. It does appear
appropriate that a forum be provided for the taxpayers to be heard by you and
the Members of the Common Council, about the subject of taxation, fee
imposition and essential city services.
I respectfully request that the Common Council, enact a resolution to
hold a public hearing on the matter proposed bye the task group, and on the
matter of hearing the taxpayer's thoughts on taxation add services provided by
the city. I suggest that the hearing be held in the evening to allow full
participation, and it would be appropriate to have the ramp adjacent to the
court building open for free parking, properly policed, to minimize citizen
fear of being downtown in the evening.
It is customary for the Common Council to hold public hearings on the
mayor's budget. The public hearing I request be held would not displace that
hearing, but rather, it would be of value, only, if held prior to any action by
the Common Council, on any major items, particularly, the establishment of a
Buffalo water board.
Thank you for your kind consideration.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 95
NEW YORK STATE THRUWAY AUTHORITY
Niagara Street Detour Authorize Use Niagara Porter
by NYS Thruway Authority
Item # 48, C.C.P. 4/14/92
This is in response to your letter dated April 22, 1992 concerning
the above referenced project. All material requested has been enclosed for
your review.
At the meeting on April 21, 1992, the Niagara Thruway Relocation Study,
and its relationship with the on-going Reconstruction Program, was discussed.
I would like to further explain this issue.
The Niagara portion of the New York State Thruway, I-190, extends from
its intersection with 1-90 (MP* NO.0) near the Buffalo/ Cheektowaga city Line,
to the North Grand Island Bridge (MP N21.2). This 21 mile section was built in
the late 1950's and, for the most part, has been kept serviceable by remedial
maintenance repairs performed by Thruway forces. In 1982, the Authority
assessed the condition of the pavement and structures on our Niagara Section,
and determined that complete reconstruction was warranted. A program was
developed to complete the multi-phased project by 1996, with the most urgent
sections receiving attention first. Since then, nearly 100 million dollars
have been spent, and approximately 10 miles have been reconstructed. This
continual design/construction process is on a critical path if we are to
achieve complete reconstruction by the year 1996.
Recently, the Thruway Authority agreed to assess the feasibility of
relocating a portion of the Niagara Section to a parallel railroad corridor.
This potential relocation affects the Niagara Section between MP N8.3+ and MP
N12.5+.
The Niagara Street Detour in question encompasses two Thruway
Reconstruction Projects in the same area:
1. MP N6.6 (Porter Ave). to
MP N8.0 (Black Rock Toll Barrier)
2. MP N8.0 (Black Rock Toll Barrier) to
MP N10.8 (Buffalo/Tonawanda City Line
The most urgent project on our program is MP N6.6 - MP N8.0, due to the
deteriorated condition of our mainline structures and highway. Our request for
the detour is a result of this project and our inability to maintain any more
than 2 pavement lanes for traffic during construction because of limited
lateral clearance. Since the detour must extend along Niagara Street from
Porter Avenue (MP N6.6) to Ontario Street (MP N10.01), both projects were
combined (MP N6.6 - MP N10.8) to minimize disruption to local traffic. The
later contract would have been constructed during 1994 and 1995. Combining the
projects reduces the construction period by one full year, thereby reducing
associated traffic impacts.
As a result of the Relocation Study, our reconstruction program may be
revised. However, since the project from MP N6.6 to MP N8.0 is not affected by
the Study, we hope to proceed with reconstruction as planned in 1993. This
project alone requires the detour. Depending on the conclusions of the
feasibility study, the section from MP N8.0 to MP N10.8 may not be
reconstructed in its entirety. A portion of it, however, will most likely be
rehabilitated in some manner to take advantage of the detour, when it is put in
place.
With this information, I hope you will concur with the need for the
proposed detour, and support our commitment to ensure that is safely
implemented so that delays, encountered by the traveling public, are kept to a
minimum.
Thank you for your continued cooperation.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 96
OLYMPIC MGMT. SYSTEMS, INC.
Snyder Corp. - Goldome Parking Lot
Item # 70, C.C.P. October 29, 1991
Please be advised that an affiliate of Snyder Corp., Olympic Management
Systems, is the Manager of the Parking Facility on behalf of Niagara Asset
Corp. We operate the parking lot for the benefit of Niagara Asset, as Manager
of the certain assets of the former Goldome. We do not own the property. Our
agreement does not give us the right to sell the property. I suggest you
direct any inquiry concerning this matter to Niagara Asset Corp.
REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT.
No. 97
PROSTHETICS by NELSON
Request Payment for Services
Rendered to Police Department
I spoke with Mr. George Arthur on 4130192 and he advised me to
contact you. He said that you would be the person that Could assist us with our
problem.
Our Company fitted Mr. Derenda with a custom made Lenox Hill Brace (see
attached invoice, dated 12/26/92). This brace was fitted directly for Mr.
Derenda. The officer had to be casted, and measured for exact measurements.
Then the brace was configured to those specific measurements. These braces are
quite expensive and take much time and experienced knowledge to fit them
correctly, for the individual's usage. Mr. Derenda was instructed as to the
proper techniques of wearing the brace and he took delivery of his brace on
1/16/92. All of the events listed above were done at the request and
authorization of a Dr. Thomas J. Murphy (Police Surgeon, see attached dated
12/18/91).
Our problems now start here. We are attempting to recover our expenses
for our services. And not to mention equipment of which we already had to pay.
Since 2/11/92, I have spoken with a Marlene in the Buffalo Police Department
Administration Office at least 12 times. My questions have always been when
will we be receiving payment on M(. Derenda. l have been snowed in, by a
variety of excuses ranging from, our quarterly money ran out," "our annual
funds have been exhausted," and yes even "the Mayor won't give us anymore
money."
This invoice that now sets before you is six (6) months old. We are a
small business and cannot afford to do business in this manner. Do they or for
that part, do you think that our material suppliers will wait for their money
as well? People are always screaming at the rising costs of health care, well l
believe the answer lies right in the manners in which health care officials are
being paid. Costs have to go up to assure a proper cash flow to cover all
expenses. This is really the only solutions if a small business, such as
ourselves, is going to survive in today's economy.
Mr. Arthur assured me that you would know the route for our Company to
take for obtaining payment on this account. Or, he suggested that you might
bring it to a council meeting for direct approval for payment. I am sorry to
take up your time on something that to you, may be so trivial. However, to us
this is our sustenance and we cannot afford to wait for payment for such long
periods of time.
I would like to take this time to thank you now for any assistance that
you may be able to render on this account. If you should have any questions or
require any further information please do not hesitate to contact our office.
REFERRED TO THE COMMITTEE ON FINANCE, THE COMPTROLLER, THE COMMISSIONER OF
POLICE AND CORPORATION COUNSEL.
No. 98
PUBLIC ACCESS POLICY BOARD
Change Name of Policy Board
At last night's meeting of the Public Access Policy Boards members
voted to ask the Common Council to change the board's name to the Buffalo Cable
Television Policy Board. No other changes in the board's rules and regulations
were approved.
Your prompt approval of this amendment is respectfully requested.
Mr. Fahey moved:
That the communication from Mr. Stan Coleman, Chairman of the Public
Access Policy Board dated May 7, 1992 be received and filed; and
That the Public Access Policy Board be and the same hereby is authorized
to change the Board's name to the Buffalo Cable Television Policy Board.
PASSED.
AYES- AMOS, BAKOS, BELL, COLLINS, COPPOLA, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO,
PERLA, PITTS, ZUCHLEWSKI- 12.
NOES- ARTHUR-1.
No. 99
SAMUEL RADFORD AND OTHERS
Request Task Force-Rodney King
Verdict (Summer Violence)
We are requesting that the resolutions below be submitted to be
included on the agenda of the Common Council meeting of May 12, 1992. These are
resolutions that were brought before the Legislative Committee of the Common
Council on May 5, 1992.
We as students of Erie Community College and taxpaying citizens of
Buffalo, request that our Common Council prepare a resolution condemning the
Rodney King Verdict.
We also ask that in this resolution that the Council request from the
Federal government resources to address the underlying conditions that has
caused such a violent response nationally.
We ask that the Common Council resolve to establish a Task Force on which
we the students of Erie Community College can participate; to develop a plan of
action to prevent this summer from becoming one that is filled with the
violence that we have seen nationwide and the continuous rise in our homicide
rate.
Finally, we ask the Common Council endorse the recommendations of the
State Martin Luther King, Jr. commission that the green ribbon be worn to
symbolize outrage over the Rodney King verdict.
Erie Community College representatives: Samuel Radford, Derrick Smith,
Regina Hutchins and Samuel Hill will present the proposed resolution at the
Common Council meeting.
Mr. Fahey moved:
That the communication from Samuel Radford and others be referred to the
Committee on Legislation, and that the spirit of this communication is hereby
adopted and endorsed.
ADOPTED.
AYES- AMOS, ARTHUR, BAKOS, BELL, COLLINS, COPPOLA, FAHEY, HIGGINS, LOTEMPIO,
PERLA, PITTS, ZUCHLEWSKI- 12.
NOES- FRANCZYK-1.
No. 100
MARY SIMON
Cancel Grass Cutting Charge
176 Guilford
I received this billing stating that the City of Buffalo has turned
this matter over to a collection agency to collect the fifty ($50) dollars that
was billed to me. I have never received a billing from the City Street
Department stating they has cut grass at 176 Guilford owned by Mary H. Simon.
I have spoken to a number of employees in the City Street Department concerning
this matter. The City of Buffalo , Street Department claiming they maintained
the lot by cutting the grass in July 1991. The City of Buffalo has never cut
the grass on the lot. The lot is fenced in and has been fenced for seven years
or more with a lock and key. The City has reported this matter over to the
Collection Agency. The Agency is threatening to turn this billing to the
credit bureau. I do not appreciate my credit being impaired because of a
mistake of an employee of the City Streets department. Please look into this
matter.
REFERRED TO THE COMMITTEE ON FINANCE AND THE COMMISSIONER OF STREET SANITATION.
No. 101
PAUL L. SNYDER
Goldome Parking Lot
I have responded to this question on three (3) separate occasions.
We are not involved in any sale discussions now or in the past.
REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT.
No. 102
ZOOLOGICAL GARDENS
Underground Zoo Parking
In response to the resolution submitted by Councilman Coppola
# 203 pertaining to the construction of an underground parking facility at the
Buffalo Zoo. The following is respectfully submitted.
The Buffalo Zoo presently serves over 500,000 visitors each year. Our visitor
population consists of neighbors, tourists, family units from the Western New
York area, organized school groups as well as special interest groups. Parking
for our patrons is constantly a major problem since we can only accommodate 300
automobiles in our present parking lot. Additional parking in the form of
"underground parking" would certainly aid our visitors as well as alleviate the
parking problems presently in the neighboring city streets to the east of
Parkside Avenue.
The Buffalo Zoo favors the feasibility study and welcomes the possibility of
additional parking, which is badly needed to serve our visitors as well as park
users when the Zoo is closed.
RECEIVED AND FILED.
AYES- AMOS, ARTHUR, BAKOS, BELL, COLLINS, COPPOLA, FAHEY, FRANCZYK, HIGGINS,
LOTEMPIO, PERLA, ZUCHLEWSKI- 12.
NOES- PITTS- 1.
PETITIONS
No. 103
C. Hunt & J. Stevens, owners, petition to use 2303 Delaware for a Pole Sign
REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD
AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT.
No. 104
Atlantic Refining & Marketing, owner, petition to use 456-460 Elmwood for a
Pole Sign.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD
AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT.
No. 105
Atlantic Refining & Marketing, owner, petition to use 690 Kenmore for a Pole
Sign.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD
AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT.
No. 106
Atlantic Refining & Marketing, owner, petition to use 2075 Delaware for a Pole
Sign.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD
AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT.
No. 107
Columbus Hospital, use 300 Niagara Street for a pole sign.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD
AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT.
No. 108
The Hop, Inc., owner, use 325 Fuhrmann for a pole sign.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD
AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT.
No. 109
Arts Council- Buffalo And Erie County- Fair Treatment For Cultural
Organizations In The Upcoming City Budget
REFERRED TO THE COMMITTEE OF THE WHOLE.
REGULAR COMMITTEES
CLAIMS
HON. BRIAN M. HIGGINS
CHAIRMAN
No. 110
CLAIMS COMMITTEE REPORT
COMPROMISE AND SETTLEMENT OF
ACTIONS FOR PERSONAL INJURY
That, upon the recommendation of the Corporation Counsel, the
following actions for personal injury arising out of alleged negligence on the
part of the City, be compromised and settled:
A l. Mildred Bushley & Rosenthal, Siegel, Muenkel, Wolf
& Curvin Her Attorneys $2,500.00
A 2. Tonya Renee Harris & McKee, Phelps & Bowman
Her Attorneys $3,000.00
A 3. Sarah & Vincent Nesci & Bernard Gastel, Esq.
Her Attorney $1,000.00
A 4. Philip & Maria Salvia & Allen, Lippes & Shonn
As Attorneys $15,000.00
That checks be drawn on the account of 81-2 General City Charges
100-812-000-00-809 Judgment and Claims Prior Years, payable to the respective
claimants or plaintiffs and their attorneys, if any, hereinabove named, in the
amounts set opposite their names and delivered to them upon execution and
delivery to the Acting Corporation Counsel of proper releases and closing
papers.
PASSED.
AYES- 13 NOES- 0.
No. 111
PERSONAL INJURY
A 5. Steven B. Schneer Vs. City of Buffalo $6,000.00
That the above item be, and the same hereby is, returned to the Common Council
without recommendation.
Mr. Higgins now moved the approval of the claim of Steven B. Schneer in the
amount of $6,000.00
That checks be drawn on the account of 81-2 General City Charges
100-812-000-00-809 Judgment and Claims Prior Years, payable to the respective
claimants and plaintiffs and their attorneys, if any, hereinabove named, in the
amounts set opposite their names and delivered to them upon execution and
delivery to the Corporation Counsel of proper releases and closing papers.
PASSED.
AYES- 13 NOES- 0.
No. 112
COMPROMISE AND SETTLEMENT OF ACTIONS FOR PERSONAL INJURY
That, upon the recommendation of the Corporation Counsel, the
following actions for personal injury arising out of alleged negligence on the
part of the City, be compromised and settled:
A 6. Dennis Szewczyk As Administrator of the Estate of
Alex C. Szewczyk & Jaeckle, Fleischmann & Mugel,
As Attorneys $30,000.00
A 7. Deborah Webster & Sarles, Frey & Joseph
Her Attorneys $12,000.00
That checks be drawn on the account of 81-2 General City Charges
100-812-000-00-809 Judgment and Claims Prior Years, payable to the respective
claimants or plaintiffs and their attorneys, if any, hereinabove named, in the
amounts set opposite their names and delivered to them upon execution and
delivery to the Acting Corporation Counsel of proper releases and closing
papers.
PASSED.
AYES- 13 NOES- 0.
No. 113
PROPERTY DAMAGE
That upon the recommendation of the Corporation Counsel, and the
appropriate City Department, the following actions and claims for damage to
property caused by alleged negligence on the part of the City be compromised
and settled:
B 1. Daniel Adamski & General Accident Insurance Company of
America A/S/O
Claim for windshield damage during Street Sanitation pickup
operations. $402.56
B 2. Richard Bockhahn
Claim for expenses for plumbing work to correct a water leak that was not on
his line but on an abandoned service line adjacent to his. This has been
confirmed by the Director of Water. There is no Insurance Company involved in
the
settlement of this claim. $1,350.00
B 3. James C. Cavanaugh
Claim for damages due to City employees working on a fence post that fell on
the vehicle that was parked on Nash Street adjacent to the Broadway Garage.
There is no Insurance Company involved in the settlement of this claim.
$1,050.40
B 4. James A. Z. Cheaves
Claim for a vehicle which was sold by the City at auction. There is no
Insurance Company involved in the settlement of
this claim. $400.00
B 5. DiPasquale, Murphy & Curtin
Claim for property damage at 1250 Niagara Street. Claimants lease space in a
City owned building. City workers were replacing a watertank and accidentally
broke a water pipe. There is no Insurance Company involved in the
settlement of this claim. $162.28
B 6. William Gambino
Claim for damage to Police Officer Gambino's eyeglasses while performing his
duties in the men's cellblock. There is no Insurance Company involved in the
settlement of this claim
$177.95
B 7. Joan Gregory & Commercial Union Insurance
Companies A/S/O $500.00
B 10. Michael E. Kloc
Claim for a Yamaha motorcycle which was mistakenly auctioned by the City.
There is no Insurance Company involved in the
settlement of this claim. $975.00
B 12. Charles G. Militello
Claim for the destruction of Acting Detective Militello's service revolver in
the course of arresting an armed suspect. There is no Insurance Company
involved in the settlement of
this claim. $755.95
B 13. Gloria Stafford
Claim for expenses due to a shifted and broken water box as a result of new
curbs which were installed. There is no Insurance Company involved in the
settlement of this claim.
$200.00
B 14. Roderick Strom
Claim for damage to Firefighter Strom's eyeglasses while
performing his duties fighting a fire. There is no Insurance
Company involved in the settlement of this claim. $200.98
B 15. Diana Zarate & New York Central Mutual Fire insurance
Company A/S/O
Supplemental subrogation claim covering car rental. $225.00
That checks be drawn on the account of 81-2 General City Charges
100-812-000-00-809 Judgment and Claims Prior Years, payable to the respective
claimants or plaintiffs and their attorneys, if any, hereinabove named, in the
amounts set opposite their names and delivered to them upon execution and
delivery to the Acting Corporation Counsel of proper releases where such
releases are indicated.
PASSED.
AYES- 13 NOES- 0.
No. 114
MISCELLANEOUS
That, upon the recommendation of the Corporation Counsel and the
appropriate City Department, the following claim be paid:
C 1. Christopher Construction Company $3,000.00
There is no insurance company involved in the settlement of this claim.
That checks be drawn on the account of 81-2 General City Charges
100-812-000-00-809 Judgment and Claims Prior Years, payable to the respective
claimants and their attorneys, if any, in the amount set opposite their names,
respectively, and delivered to them upon execution and delivery to the Acting
Corporation Counsel of the proper releases where such releases are indicated.
PASSED.
AYES- 13 NOES- 0.
No. 115
MISCELLANEOUS INVOICE
That, upon the recommendation of the Corporation Counsel and the
appropriate City Department, the following claims be paid:
D 1. City of Buffalo - Division of Water
Claim for an outstanding prior fiscal year water bill for
City owned property at 20 Wadsworth Street $1,381.24
D-2. David M. Davidson, DPM
Claim for services rendered to the Civil Service Commission
in the past fiscal year. $145.00
D 3. D & M Plywood, Inc.
Claim for services rendered to the Fire Department in a past
fiscal year. $1,554.91
D 4. Michael S. Feinberg, M.D.
Claim for services rendered to the Civil Service Commission
in the past fiscal year. $225.00
D 5. Magnetic Resonance Imaging (MRI)
Claim for services rendered to Firefighter, ANTHONY
SEBASTIANO in the past fiscal year. $885.00
D 6. Niagara Frontier Transportation Authority
Claim for electric bills at Buffalo Place in a past fiscal
year. $2,200.21
There are no insurance companies involved in the settlement of the above
claims.
That checks be drawn on the account of 81-2 General City Charges
100-812-000-00-809 Judgment and Claims Prior Years, payable to the respective
claimants and their attorneys, if any, in the amount set opposite their names,
respectively, and delivered to them upon execution and delivery to the Acting
Corporation Counsel of the proper releases where such releases are indicated.
PASSED.
AYES- 13 NOES- 0.
No. 116
MISCELLANEOUS PAYROLL
That, upon the recommendation of the Corporation Counsel and the
appropriate City Department, the following claims be paid:
E 1. Arthur C. Herdzik $87,414.90
E 2. Victor Nelson
Claim for payment to Firefighter Nelson Pursuant to an interest arbitration
award to Local # 282 employees. $ 1,060.00
There are no insurance companies involved in the settlement of the above
claims.
That checks be drawn on the account of 81-2 General City Charges Fund No.
81300809 Judgment and Claims Prior Years, payable to the respective claimants
or plaintiffs and their attorneys, hereinabove named, in the amounts set
opposite their names and delivered to them upon the delivery of the proper
releases where indicated.
PASSED.
AYES- 13 NOES- 0.
No. 117
MISCELLANEOUS REFUND
That, upon the recommendation of the Corporation Counsel and the
appropriate City Department, the following claims be paid:
F 1. Buffalo Place Inc.
Claim for a refund of license fees at Buffalo Place for the past two fiscal
years. $5,125.00
F 2. Richard A. Root
Claim for a refund of unused building permits which were taken out in a
previous fiscal year. $522.00
F 3. Larry J. Schiavone
Claim for a refund of monies expended by Building Inspector Schiavone who
attended asbestos training sessions which were job related and authorized by
the department head in the past fiscal year.
$325.00
There are no insurance companies involved in the settlement of the above
claims.
That checks be drawn on the account of 81-2 General City Charges
100-812-000-00-809 Judgment and Claims Prior Years, payable to the respective
claimants and their attorneys, if any, in the amount set opposite their names,
respectively, and delivered to them upon execution and delivery to the Acting
Corporation Counsel of the proper releases where such releases are indicated.
PASSED.
AYES- 13 NOES- 0.
No. 118
REPORT TO THE CLAIMS COMMITTEE
That, upon the recommendation of the Corporation Counsel and the
appropriate City Department, the following claims be paid:
G 1. Dr. Joseph Bruzgul, Jr.
Item No. 65, C.C.P., September 17, 1991
Dr. Bruzgul provided Veterinary services to the Street Sanitation Department
during the past fiscal year. There is no Insurance Company involved in the
settlement of this
claim. 2,500.00
G 2. Milton E. Schreier
Item No. 88, C.C.P., May 28, 1991 and
Item No. 43, C.C.P., June 11, 1991
Claimant petitioned the Council for payment of a plumber's
bill for a blocked sewer at 63 Campbell Avenue. 1,739.45
That checks be drawn on the account of 81-2 General City Charges
100-812-000-00-809 Judgment and Claims Prior Years, payable to the respective
claimants and their attorneys, if any, in the amount set opposite their names,
respectively, and delivered to them upon execution and delivery to the Acting
Corporation Counsel of the proper releases where such releases are indicated.
PASSED.
AYES- 13 NOES- 0.
CIVIL SERVICE
HON. JAMES W. PITTS
CHAIRMAN
No. 119
Notices of Appointments (City Clerk)
(Item # 75 CCP Apr 28, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
FINANCE
HON. DAVID A. COLLINS
CHAIRMAN
No. 120
Transfer Of Funds
Appropriation Allotments - Exempt Items
Division Of Buildings
Item No. 200, C.C.P., Apr. 14, 1992
That pursuant to Section 42 of the Charter and the Certificate
of the Mayor and the Comptroller submitted to the Common Council, the sum of
$2,695.00 be and the same is hereby transferred from various accounts in
Appropriation Allotments -Exempt Items - and said sum is hereby reappropriated.
PASSED.
AYES- 13 NOES- 0.
No. 121
Transfer Of Funds Capital Projects Fund
Division Of Budget & Management
Division Of Buildings
Item No. 201, C.C.P., Apr. 14, 1992
That pursuant to Section 42 of the Charter and the Certificate
of the Mayor and the Comptroller submitted to the Common Council, the sum of
$19,700.00 be and the same is hereby transferred from various accounts in
Capital Projects Fund -Division of Budget & Management and said sum is hereby
reappropriated.
PASSED.
AYES- 13 NOES- 0.
No. 122
Increased Appropriation Reserved Fund Balance
Appropriation Allotments - Department Of Law
Item No. 203, C.C.P., Apr. 14, 1992
That pursuant to Section 41 of the Charter and the Certificate
of the Mayor and the Comptroller submitted to the Common Council, the
appropriation in the budget for the current fiscal year for Appropriation
Allotments - Department of Law be and same is hereby increased in the sum of
$30,000.00; and
That the Comptroller be and hereby is authorized and directed to transfer
the sum of $30,000.00 from 100-890-050 Reserved Fund Balance for Capital Budget
Appropriations to meet this increased appropriation as listed in the above
communication.
PASSED.
AYES- 13 NOES- 0.
No. 123
Fees For Environmental Review (CD)
(Item # 80 CCP Apr 14, 1992)
That the above mentioned Item be and the same is hereby referred
to the Special Committee on the Budget.
ADOPTED.
No. 124
Reevaluate Fee Structure (CD)
(Item # 46 CCP Apr 28, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 125
Veto/Local Law/Pay Fines by Credit Card (Mayor)
(Item # 1 CCP Apr 28, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 126
Permission To Negotiate 102 Shumway
(Item No. 33, C.C.P., Apr. 14, 1992)
That the Comptroller be, and he hereby is authorized to negotiate
with Frederick Jenkins residing at 48 Devonshire Road, Tonawanda, New York, for
the private sale of 102 Shumway, Buffalo, New York, and report to this
Honorable Body the results of such negotiations.
ADOPTED.
No. 127
Purchase Lot Next To 954 Glenwood (Compt)
(Item # 18 CCP Apr 28, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 128
Purchase Lot Next To 954 Glenwood (CC)
(Item # 42 CCP Apr 28, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 129
Snyder Corporation/Goldome Parking Lot
(Item # 70 CCP Oct 29, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 130
Change in Contract-Reconstruction of Central Booking at City Court Building
(Item No. 34, C.C.P. Mar. 31, 1992)
That the Commissioner of Public Works, be and he hereby is, authorized
to issue a change order to Louis Migliore Construction Co., C-91584300, in the
amount of $2,574.00 for additional work relating to the Reconstruction of
Central Booking, City Court Building. Funds to be charged against the Division
of Buildings B/F 200-402-520 account.
PASSED.
AYES- 13 NOES- 0.
No. 131
Removal of Additional Asbestos At 124 Edna Place A/K/A School No. 48 (Item No.
84, C.C.P., Apr. 14, 1992)
That the Commissioner of Inspections & Community Revitalization
be, and he hereby is authorized to award contract for Removal of Additional
Asbestos on the property known as 124 Edna Place a/k/a School No. 48, in the
amount of $8,425.00, to Peerless Environmental Controls, Inc., the lowest
responsible bidder. Funds for this project to be charged to Inspections &
Community Revitalization's Capital Outlay Account # 100-241-085-00-900.
PASSED.
AYES- 13 NOES- 0.
No. 132
Finance Recovery Plan R.F.P. (Staff)
(Item # 70 CCP Apr 28, 1992)
That the above mentioned Item be and the same is hereby referred
to the Special Committee on the Budget.
ADOPTED.
No. 133
Maryner Redevelopment Company, Inc., 186 Efner
Request For Refund Of Excess Tax Pursuant To Contract
(Item No. 51, C.C.P., March 31, 1992)
That the Comptroller be, and he hereby is authorized and directed
to draw a check on the appropriate account in the sum of $31,777.71 and return
the same to Maryner Redevelopment Company, Inc., in refund of excess taxes paid
by Maryner Redevelopment Company, Inc., to the City of Buffalo for the tax year
1991-92.
PASSED.
AYES- 13 NOES- 0.
No. 134
Abatement Of Grass Cutting Charges Helen M.Gourdin
67 Alexander Place
(Item No. 111, C.C.P., April 14, 1992)
That the Commissioner of Street Sanitation and the Commissioner
of Assessment be, and they hereby are, authorized and directed to abate the
charged assessments for grass cutting at 67 Alexander Place in the amount of
$50, and that the owner of such property and any collection agency hired to
collect such charges shall be notified of such abatement.
PASSED.
AYES- 13 NOES- 0.
No. 135
Oppose Grass Cutting Charges/67 Alexander (Assmt)
(Item # 22 CCP Apr 28, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 136
Abatement Of Grass Cutting Charges
James T. Sandoro
341-347 Swan, 355 Swan, 493 Swan,
206-208 William, 214 William, 310 William,
130 Myrtle , 144 Myrtle AND 282 Myrtle
(Item No. 90, C.C.P. April 28,1992)
That the Commissioner of Street Sanitation and the Commissioner
of Assessment be, and they hereby are, authorized and directed to abate the
charged assessments for grass cutting at 341-347 Swan, 355 Swan, 493 Swan,
206-208 William, 214 William, 310 William, 310 Myrtle, 144 Myrtle and 282
Myrtle imposed or intended to be imposed for such properties for the period
from January 1, 1992 to May 1, 1992.
That the owner of such property and any collection agency hired to
collect such charges shall be notified of such abatement.
PASSED.
AYES- 13 NOES- 0.
No. 137
Abatement Of Grass Cutting Charges
James Robinson 164 Eaton
(Item No. 121, C.C.P., April 14, 1992)
That the Commissioner of Street Sanitation and the Commissioner
of Assessment be, and they hereby are, authorized and directed to abate the
charges for grass cutting or trash removal at 164 Eaton Street in the amount of
$157.30.
That the owner of such property and any collection agency hired to
collect such charges shall be notified of such abatement.
PASSED.
AYES- 13 NOES- 0.
No. 138
Cancel Trash Removal Charge/164 Eaton (Assmt)
(Item # 23 CCP Apr 28, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 139
SOS Grant
(Item No. 15, C.C.P., April 28, 1992)
That the Mayor be and he hereby is authorized to accept a grant
in the amount of $17,000 from the National Institute for the Conservation of
Cultural Property and the Smithsonian Institution for the purpose of surveying
outdoor sculpture in the City of Buffalo, and
That the Mayor be further authorized to enter into such agreements as are
necessary to carry out the terms of such grant, including, without limitation,
subgrant agreements with the Buffalo State College Foundation or the University
of Buffalo Foundation or both of them.
PASSED.
AYES- 13 NOES- 0.
No. 140
Proposed Water Authority Reports (Staff)
(Item # 98 CCP Apr 14, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 141
Gates/General Ramps/Income/Costs (Bd . Pkg.)
(Item # 10 CCP Mar 17, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 142
List Of Services/Buffalo Place Inc. (PW)
(Item # 37 CCP Apr 28, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 143
Report Of Audit/Kleinhans (Compt)
(Item # 38 CCP Apr 14, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
LEGISLATION
HON. ALFRED T. COPPOLA
CHAIRMAN
No. 144
N. Bufalino, Petition To Use 1195 Hertel For A Portable Sign
(Item No. 95, C.C.P. April 28, 1992)
That after a public hearing before the Committee on Legislation
on May 5, 1992, the petition of Nicolo Bufalino for permission to place an
illuminated portable sign (4' x 8') on the city right-of-way in front of 1195
Hertel Avenue be and hereby is approved, such permit to be valid for thirty
days from the date of issuance, on the condition that it is removed promptly
after the expiration date of the sign permit.
PASSED.
AYES- 13 NOES- 0.
No. 145
J. Santor & D. Reeves Owners, Petition To Use
1292-1300 Hertel Avenue For A Take-Out Restaurant
(Item No. 96, C.C.P. April 28, 1990)
That after a public hearing before the Committee on Legislation
on May 5, 1992, the petition of John Santor and Donald Reeves, owners,
permission for a take-out restaurant on the city right-of-way in front of
1292-1300 Hertel Avenue be and hereby is approved.
PASSED.
AYES- 13 NOES- 0.
No. 146
Braun Cadillac, Owner, Petition To Use
2421 Main Street For A Pole Sign
(Item No. 97, C.C.P. April 28, 1992)
That after a public hearing before the Committee on Legislation
on May 5, 1992, the petition of Braun Cadillac, owner, for permission to place
an illuminated pole sign on the city right-of-way in front of 2421 Main Street
be and hereby is approved.
PASSED.
AYES- AMOS, ARTHUR, BAKOS, BELL, COLLINS, COPPOLA, FAHEY, FRANCZYK, HIGGINS,
LOTEMPIO, PERLA, ZUCHLEWSKI- 12.
NOES- PITTS- 1.
No. 147
Brondy Real Estate Co., Inc. Petition To Use
2565 Bailey Avenue For A Pole Sign
(Item No. .98, C.C.P. April 28, 1992)
That after a public hearing before the Committee on Legislation
on May 5, 1992, the petition of Brondy Real Estate Co., Inc. for permission to
place an illuminated pole sign on the city right-of-way in front of 2565 Bailey
Avenue be and hereby is approved.
PASSED.
AYES- 13 NOES- 0.
No. 148
28 Calumet Place Requests
Permission To Install Fence
(Item No. 30, C.C.P., Apr. 28, 1992)
That the Commissioner of Public Works be and he hereby is, authorized
to issue a "mere license" to Mr. David Duke, owner of the property located at
28 Calumet Place, to install a chainlink fence which would encroach city
right-of-way at said address, subject to the conditions from the Department of
Public Works as contained in the above communication.
PASSED.
AYES- 13 NOES- 0.
No. 149
45 Court Street Requests Permission To Install Sidewalk Cafe
(Item No. 31, C.C.P., Apr. 28, 1992)
That the Commissioner of Public Works be and he hereby is, authorized
to issue a "mere license" to Ms. Melinda Schneider, owner of Harvest Moon,
located at 45 Court Street, to install a sidewalk cafe which would encroach
city right-of-way at said address, subject to conditions as enumerated by the
Department of Public Works and the City Planning Board.
PASSED.
AYES- 13 NOES- 0.
No. 150
Negotiate Private Sale/469 Parker
(Item # 151 CCP Mar 17, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 151
Purchase ROW 469 Parker (CPBD)
(Item # 5 CCP Mar 31, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 152
Negotiate Sale/ROW/469 Parker (Compt)
(Item # 39 CCP Apr 14, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 153
Local Law Intro. No. 7 (1992)
Salaries Of Elective Officers
(Item No. 163, C.C.P. April 28, 1992)
That the Local Law as contained in Item No. 163, C.C.P., April
28, 1992, be and the same hereby is approved.
PASSED.
AYES- BAKOS, COPPOLA, FAHEY, FRANCZYK, HIGGINS, PERLA, ZUCHLEWSKI- 7
NOES- AMOS, ARTHUR, BELL, COLLINS, LOTEMPIO, PITTS- 6.
No. 154
Information/Local Law/Refusal Of Salary Increases (CC)
(Item # 40 CCP Apr 28, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 155
L. Penkalski/Claim Of Police Brutality
(Item # 89 CCP Apr 29, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 156
R. Gemerek/Oppose extra School Busses On Romona
(Item # 99 CCP Apr 28, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 157
Memorialize State Legislature/Absentee Landlords (Assmt)
(Item # 31 CCP Mar 17, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 158
Handicap Accommodations/Council Chambers (HO)
(Item # 5 CCP Mar 3, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 159
NYSDEC/Environmental Assessment Review Fees
(Item # 87 CCP Apr 28, 1992)
That the above mentioned Item be and the same is hereby referred
to the Special Committee on the Budget.
ADOPTED.
No. 160
NYSDEC/Delaware Park Lake Information
(Item # 88 CCP Apr 28, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 161
Compliance With Competitive Bidding (GS)
(Item # 60 CCP Apr 28, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 162
Abatement Of Grass Cutting Charges
Placid J. Parker
35, 37, 39 & 41 Chester Street
(Item No. 95, C.C.P., Mar. 31, 1992)
That the Commissioner of Street Sanitation and the Commissioner
of Assessment be, and they hereby are, authorized to abate the assessments for
grass cutting at 35, 37, 39 and 41 Chester Street in the amount of $50.00 for
each lot for a total of $200.00.
PASSED.
AYES- 13 NOES- 0.
No. 163
J. Clemons/Prayer Observance/Alleviate Violence
(Item # 79 CCP Apr 28, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 164
P. Gordon/Concerns About Operation Rescue Demonstration
(Item # 80 CCP Apr 28, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 165
NYS Department of Education/Bryant & Stratton, Art Program
(Item # 86 CCP Apr. 28, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 166
Request For Assistance From BSA (Mayor)
(Item # 2 CCP Mar 31, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 167
Status Of Sewer System (BSA)
(Item # 111 CCP Sep 3, 1991)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 168
Authority Work Force (BSA)
(Item # 112 CCP Sep 3, 1991)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
ECONOMIC DEVELOPMENT
HON. CLIFFORD BELL
CHAIRMAN
No. 169
Jefferson CURA/Major Plan Change(Hrg 6/9)
(Item # 48 CCP Apr 28, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
Mr. Bell now moved to recommit the above item to the Committee on Economic
Development.
ADOPTED.
No. 170
EAF/Jefferson CURA Plan Amendment (CD)
(Item # 50 CCP Apr 28, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
Mr. Bell now moved to recommit the above item to the Committee on Economic
Development.
ADOPTED.
No. 171
Jefferson CURA Plan Amendment (CPBD)
(Item # 12 CCP Apr 28, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
Mr. Bell now moved to recommit the above item to the Committee on Economic
Development.
ADOPTED.
No. 172
NFTA/RFP for Seaway Piers Marina
(Item # 87 CCP Feb 18, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 173
Negotiate Agreement On Fountain Plaza/Rotary Rink
(Item No. 181, C.C.P., February 4, 1992)
That the Buffalo Urban Renewal Agency and Department of Community
Development be and hereby are authorized to develop a Management Agreement with
the City of Buffalo to return revenues generated by the Fountain Plaza/Rotary
Ice Rink back to the City of Buffalo to offset its expenses.
ADOPTED.
No. 174
C.Bell/Fountain Plaza RFP/Ice Problems
(Item # 76 CCP Apr 28, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 175
Office Space Report (CD)
(Item # 61 CCP Feb 18, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 176
NYSDEC/Final Report/LaSalle Reservoir Site
(Item # 90 CCP Jun 25, 1991)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 177
E. Murphy/Comments On LaSalle Reservoir Site
(Item # 101 CCP Jul 9, 1991)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 178
Huntington/Westley Assn. Comments Reservoir Site
(Item # 101 CCP Jul 23, 1991)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
BUDGET COMMITTEE
HON. ARCHIE L. AMOS, JR.
CHAIRMAN
No. 179
Plan To Preserve Credit Rating
(Item # 107 CCP Mar 3, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 180
Solutions/Budget Imbalance
(Item # 108 CCP Mar 3,1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 181
Freeze City Departmental Spending
(Item No. 178, C.C.P., Mar. 31, 1992)
That all expenditures considered of an emergency nature shall
be placed before the Board of Review comprised of the Mayor, the Common Council
President and the City Comptroller for review.
ADOPTED.
AYES- AMOS, BAKOS, BELL, COLLINS, COPPOLA, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO,
PERLA, PITTS, ZUCHLEWSKI- 12.
NOES- ARTHUR- 1.
No. 182
Consolidate Water Division/BSA
(Item # 184 CCP Mar 31, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
AYES- AMOS, BAKOS, BELL, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO, PERLA, ZUCHLEWSKI-
9.
NOES- ARTHUR, COLLINS, COPPOLA, PITTS- 4.
No. 183
Consolidate Water Division/BSA (BSA)
(Item # 64 CCP Apr 28, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
AYES- AMOS, BAKOS, BELL, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO, PERLA,
ZUCHLEWSKI--9
NOES- ARTHUR, COLLINS, COPPOLA, PITTS-4
No. 184
Oppose Closing Engines 18 & 28
(Item # 163 CCP Mar 31, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
AYES- AMOS, BAKOS, BELL, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO, PERLA, ZUCHLEWSKI-
9.
NOES- ARTHUR, COLLINS, COPPOLA, PITTS- 4.
No. 185
Oppose Closing Ladder 1
(Item # 187 CCP Mar 31, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
AYES- AMOS, BAKOS, BELL, COPPOLA, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO, PERLA,
ZUCHLEWSKI- 10.
NOES- ARTHUR, COLLINS, PITTS- 3.
No. 186
Ignorance costs Money (Police)
(Item # 58 CCP Apr 14, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 187
Ignorance Costs Money (CC)
(Item # 44 CCP Apr 28, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 188
Support Cost Recovery System (1st Resolution Adopt)
(Item #226, CCP, Apr. 14, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
RESOLUTIONS
No. 189
BY:MR. AMOS
Property Damage Insurance Users Of City Ball Diamonds
WHEREAS: The number of citizen complaints related to personal property
damage resulting from recreational activity at city parks and playgrounds has
increased in recent years; and
WHEREAS: Errant balls from baseball and softball games have broken windows
in houses and motor vehicles and caused a variety of damages to personal
property adjacent to city recreational facilities; and
WHEREAS: At presents diamond permit holders are required to possess
liability insurance protecting both the league and the city; and
WHEREAS: There exist no provisions related to property damage insurance; and
WHEREAS: In order to protect the property of the general citizenry,
insurance safeguarding personal property of persons at risk should be required;
NOW THEREFORE BE IT RESOLVED:
That this Common Council requests that the Corporation Counsel prepare an
Ordinance Amendment requiring that operators of baseball and softball leagues
utilizing city diamonds be adequately insured to cover any personal property
damages resulting from league activity; and
BE IT FURTHER RESOLVED:
That this amendment be filed with this Honorable Body in time for its next
stated meeting.
ADOPTED.
AYES- AMOS, BAKOS, BELL, COLLINS, COPPOLA, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO,
PERLA, PITTS, ZUCHLEWSKI- 12.
NOES- ARTHUR- 1.
No. 190
BY: MR. AMOS
Hang Banner - Main/Englewood Unifest 92
WHEREAS: Unifest '92, a charity celebration unifying businesses,
residents, students, and area not-for-profit organizations in the University
Heights Community- will be held on August 29 and 30, 1992; and
WHEREAS: The event will be held on Main Street between Englewood and
Highgate; and
WHEREAS: Activities for the event will include amusement rides, music, games
of skill, and ethnic food, dance and crafts; and
WHEREAS: Proceeds from the festivities will benefit the Western New York
Independent Living Center, the University Heights Community Center and other
area agencies; and
WHEREAS: Sponsors of the event request permission to erect a promotional
banner across Main Street at Englewood from August 10 to August 30, 1992;
WHEREAS: Authorization to conduct the event has been granted by the Special
Events Committee;
NOW, THEREFORE, BE IT RESOLVED:
That this Common Council grants permission to the event sponsors to erect a
banner pursuant to the conditions set forth by the Commissioner of Public Works
and the Corporation Counsel.
PASSED.
AYES- 13 NOES- 0.
No. 191
BY: MR. AMOS
416 Kenmore Ave. Inc. dba "Kenmore Super Duper" Requests The Right
to Negotiate Sale to Acquire Portion of Seattle Street
WHEREAS: 416 Kenmore Ave. Inc. dba "Kenmore Super Duper" supermarket
requests the right to pursue negotiations to purchase a portion of Seattle
street which abuts their property at 416 Kenmore Ave; and
WHEREAS: 416 Kenmore Ave. Inc. dba "Kenmore Super Duper" supermarket has
recently invested approximately $1 million in renovation and improvements to
their existing property and would like to acquire the abutting portion of
Seattle St. land to landscape and beautify it; and
WHEREAS: The Seattle St. land abutting 416 Kenmore Ave. Inc. dba "Kenmore
Super Duper" is currently is being used as a dumping ground and is a haven for
rodents which are infiltrating the supermarkets waste compactor and its other
outdoor properties; and
WHEREAS: 416 Kenmore Ave. Inc. stands committed to improving this land to
render it pleasant and safe and is willing to enter negotiation with
appropriate parties; and
NOW, THEREFORE BE IT RESOLVED THAT:
This Common Council authorizes the City of Buffalo's office of the Comptroller
to negotiate with 416 Kenmore Ave. Inc. dba Kenmore Super Duper for the sale of
the portion of Seattle Street which abuts their property.
ADOPTED.
AYES- AMOS, ARTHUR, BAKOS, COLLINS, COPPOLA, FRANCZYK, HIGGINS, LOTEMPIO,
PERLA, PITTS, ZUCHLEWSKI- 12.
NOES- FAHEY- 1.
No. 192
BY: MESSRS. BAKOS, ARTHUR, BELL, AMOS, ZUCHLEWSKI, FRANCZYK, PERLA
AND COUNCILMEMBER LOTEMPIO
Residency Requirements For All Employees Of The City of Buffalo,
Buffalo Public Schools, BMHA, BURA, AND Buffalo Sewer Authority
WHEREAS: Recently Governor Cuomo urged residency requirements for
uniformed employees in New York City but excluded other cities in the state.
The Buffalo Common Council has memorialized the State Legislature a number of
times over the past twenty years to eliminate exemptions to municipal employees
requirements for all municipal employees presently under the New York State
Public Officers Law; and
WHEREAS: Under the present New York Public Officers Law, Section 3,
Qualifications for Holding Office, members of the uniformed police department,
fire department, and streets and sanitation departments are exempted from any
City residency requirements; and
WHEREAS: The Buffalo Public School System, Buffalo Municipal Housing
Authority, and Buffalo Sewer Authority are also allowed to establish their own
residency requirement guidelines but should be included in any new residency
requirements established for all City of Buffalo employees; and
WHEREAS: The City of Buffalo may not limit application for appointment to
its police, fire, and sanitation departments to only city residents, but can
show preference when it comes to hiring those who reside within the City of
Buffalo; and
WHEREAS: Even though the city attempts to hire individuals who reside within
the city, an individual who obtains permanent status employment with the
Police, Fire, or Sanitation department is allowed by law to move outside the
city limits; and
WHEREAS: The present exemptions were inspired by war time and post-war
conditions when there was a shortage of qualified persons to fill these
positions; and
WHEREAS: Present exemptions are no longer realistic, since whenever there is
an announcement for an examination for any of these departments, thousands of
individuals apply for the Civil Service examination to qualify for the
position, therefore showing there is no longer a shortage of qualified persons
to fill these positions; and
WHEREAS: The City of Buffalo continues to experience a dramatic decrease in
the number of middle income families; and WHEREAS: The present breakdown of
employees living outside the city and their salaries in the Police, Fire,
Sanitation Departments and Buffalo Public Schools is:
- 40% (or 469 employees) of the Police department live outside the City of
Buffalo with $15,072,282 in salaries;
- 46% (or 458 employees) of the Fire department live outside the City of
Buffalo with $15,029,362 in salaries;
- 18% (or 75 employees) of the Sanitation department live outside the City
of Buffalo with $1,694,242 in salaries;
- 35% (or 2569 employees) of the Buffalo Public School System live outside
the City of Buffalo with $127,156,561 in salaries; and
WHEREAS: There are many quantifiable benefits to require residency. A few of
those benefits would include,
1 - an increase in the number of middle income families in the
city;
2 - municipal employees who reside in the community show a
greater commitment and a greater sense of pride in their
employment and community;
3 - an increase in the need for new housing;
4 - an increase in owner occupied homes (therefore potentially
reducing the number of absentee landlords throughout the
city);
5 - neighborhood businesses would experience an increase in
business;
6 - more middle income families would have family reasons to
care about the school system; and
WHEREAS: In the Rules for the Classified Civil Service of the City of
Buffalo, Rule 10 Residence, gives the commission the authority at any time to
waive the residency requirement. This rule should also be abolished; and
WHEREAS: There is recognition that those employees who are currently covered
under the Public Officers Law be grandfathered in; and
WHEREAS: The present economic status of the City of Buffalo should be
heavily weighed when these decisions are addressed. Long term effects of
residency requirements can be very beneficial for the city.
NOW, THEREFORE BE IT RESOLVED THAT:
That this Honorable Body instruct the Corporation Counsel to draft appropriate
memorializations to amend our residency laws to fulfill the aforementioned
purposes; and
BE IT FINALLY RESOLVED THAT:
Copies of this resolution be sent to Albert Thompson, Superintendent Buffalo
Public Schools, Buffalo Board of Education, Buffalo Sewer Authority, Buffalo
Urban Renewal Agency, and the Buffalo Municipal Housing Authority for their
responses.
ADOPTED.
No. 193
BY:MR. BELL
Amendment To The Community-Wide Urban Renewal Homestead Program
WHEREAS, the Urban Renewal Plan for the Community Wide Urban Renewal
Homestead Program, approved September 18, 1981, C.C.P. No. 279 and subsequently
amended, has a twenty (20) year duration; and
WHEREAS, under Section E of said plan, additional supplements for housing
projects are permitted; and
WHEREAS, the last plan amendment, which included a supplement for several
hundred city-owned parcels targeted for residential development, was approved
on May 27, 1991, C.C.P. No. 177 and;
WHEREAS, the Department of Inspections and Community Revitalization, are
proposing to develop approximately one hundred twenty-eight (128) housing units
throughout the city; and
WHEREAS, the City Planning Board, after the required public hearing on
April 21, 1992, gave its unqualified approval to the plan amendment; and
WHEREAS, the Housing Act of 1949, as amended and Article 15 of the
General Municipal Law require that the Urban Renewal Plan Amendment be approved
only after a public hearing on due notice.
NOW, THEREFORE, BE IT RESOLVED:
1. That the City Clerk is hereby directed to publish the notice attached
hereto and marked "Notice of Hearing", in the Buffalo News and the City Record,
no later than the 30th day of May 1992.
2. That this Common Council will conduct a public hearing on the matters
stated in said "Notice of Hearing" at 2:00 P.M., in the Council Chambers on
Tuesday, June 9, 1992.
ADOPTED.
No. 194
BY: MESSRS. BELL & AMOS
Rodney King Verdict
WHEREAS: The entire nation was stunned when a jury in Ventura County
California found four Los Angeles police officers innocent of all charges in
connection with the beating of Rodney King; and
WHEREAS: This shocking miscarriage of justice prompted angry and often
violent reaction in Los Angeles and elsewhere as people across the country,
particularly the African American community, expressed outrage that such an
unjustified and violent attack by those sworn to uphold the law should be
condoned; and
WHEREAS: The U.S. Justice Department is currently reviewing the Rodney King
case in an effort to determine whether to initiate prosecution of the officers
under federal civil rights laws;
and
WHEREAS: Despite the very graphic videotape made of the beating, conviction
would be difficult because of jurors' reluctance to convict police officers and
the need to assemble sufficient corroborating evidence; and
WHEREAS: In addition, the narrowly written civil rights laws require that it
be proved that the officers intentionally violated the victim's civil rights,
and did not just act recklessly or negligently; and
WHEREAS: Although federal civil rights prosecutions tend to be very
difficult and cumbersome, it is incumbent upon the federal government to
undertake such an investigation in a very serious and expeditious manner in
order to restore some semblance of faith in the American system of justice;
NOW, THEREFORE BE IT RESOLVED:
That this Common Council strongly urges the United States Justice Department to
move quickly and decisively to investigate the federal prosecution of all 19
police officers involved in the Rodney King incident on possible civil rights
charges; and
BE IT FURTHER RESOLVED:
That this Honorable Body also memorializes the United States Congress to
strengthen the nation's civil rights legislation in order to make the
prosecution of civil rights violations a more viable and operative process; and
BE IT FURTHER RESOLVED:
That the City Clerk be directed to forward certified copies of this resolution
to U.S. Attorney General William Barr, the New York State delegation to the
U.S. Senate, and the Western New York delegation to the House of
Representatives.
ADOPTED.
No. 195
BY:MR. COLLINS
Increased Appropriation New York State Revenue
Debt Service & Related Charges
That, pursuant to Section 41 of the Charter and the Certificate
of the Mayor and the Comptroller submitted to the Common Council, the
appropriation in the budget for the current fiscal year for Appropriation
Allotments - General City Charges be and the same is hereby increased in the
sum of $5,420,657.
That, the Comptroller be and hereby is authorized and directed to
increase the revenue estimate of account:
Revenue
100 General Fund
810 - General City
403 - State
85930 - Emergency Financial Aid to
Eligible Municipalities $5,420.657
To meet this increased appropriation as set forth below:
TO:
100 General Fund
81-4- Debt Service and Related Charges
839- Reserve for Deficit Note Repayment $5,420.657
REFERRED TO THE COMMITTEE ON FINANCE.
No. 196
BY: MR. COLLINS:
BOND RESOLUTION
$150,000 SERIAL BONDS
THE CLEANING AND BEAUTIFICATION OF VARIOUS
CITY MONUMENTS
ACCOUNT 200-402-005
BOND RESOLUTION OF THE CITY OF BUFFALO, NEW YORK, AUTHORIZING
THE ISSUANCE OF $150,000 GENERAL IMPROVEMENT SERIAL BONDS OF SAID CITY, TO
FINANCE THE COST OF THE CLEANING AND BEAUTIFICATION OF VARIOUS CITY MONUMENTS,
AT THE ESTIMATED MAXIMUM COST OF $150,000.
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
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 Serial Bonds of said City in the principal amount of
one hundred fifty thousand dollars ($150,000), 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 the cleaning and beautification of city monuments, including the
presidential statues at City Hall.
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 one hundred
fifty thousand dollars ($150,000) as set forth in the duly adopted Capital
Improvements Budget of said City for fiscal year 1991-92.
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 Public Works, Division of Buildings, "Reconstruction of
Various Monuments 1991-92," Bond Authorization Account No. 200-402-005, 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 serial bonds are
herein authorized, which costs are reasonably expected to be reimbursed with
the proceeds of debt to be incurred by the City, pursuant to this Bond
Resolution, in the amount of $150,000. This resolution is a declaration of
official intent adopted pursuant to the requirements of Treasury Regulation
Section 1.103-18(a) through (l).
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) 76 of the Local Finance Law, is ten
(10) 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 annually by
appropriation by said City 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:
MAY 12 1992
LAID ON THE TABLE.
No. 197
BY: MR. COLLINS
Grass Cutting Charges
WHEREAS: The grass cutting season is upon us again and as in the
past years the' Common Council is being bombarded with constituent letters of
opposition to unjust grass cutting charges filed against them by the Department
of Street Sanitation; and
WHEREAS: This Council is aware of the City Charter, Chapter 133, which
states that the responsibility of the Commissioner of Street Sanitation is to
maintain vacant city-owned lots by cutting the overgrown grass, weeds, brush
and other vegetation and by removing all garbage, tree limbs or other debris
every year between May l and June l and as often thereafter as necessary to
maintain such lots in a sanitary and orderly condition; and
WHEREAS: It is also the responsibility of the Commissioner of Street
Sanitation to maintain privately-owned lots not properly maintained by the
owner; and
WHEREAS: The policy of the Street Sanitation Department seems unclear in
regard to when and how it is determined to maintain privately-owned lots.
NOW THEREFORE BE IT RESOLVED:
That the Commissioner of Street Sanitation is hereby requested to file with
this Common Council a report, outlining its policy in regard to the maintenance
of privately-owned lots; and
BE IT FURTHER RESOLVED:
That this report includes the following information:
1. How are privately-owned lots targeted for clean-up?
2. When are owners notified that a problem exists? Are summonses issued?
3. What method of record keeping is used to determine exactly which
privately-owned lots were maintained by the City? How does the Street
Sanitation Department ensure proper billing for lots maintained by the City?
4. What process is in place for residents who dispute maintenance charges?
ADOPTED.
No. 198
BY:MR. COLLINS
RE: RESPONSE TO RODNEY KING VERDICT
WHEREAS: Many people across this country were appalled by the beating
of Rodney King by police officers sworn to uphold the law, and outraged by the
acquittal of those same officers by a California jury; and
WHEREAS: Those events conveyed the message that police can commit violent
acts against citizens with impunity, that the people have no public redress
against such actions, and that the criminal justice system often operates in a
racially unjust manner; and
WHEREAS: The uproar that followed the acquittal clearly reflected the
frustration felt by many Americans about the inequities that currently exist in
this country; and
WHEREAS: Now is the time for this nation to take positive action to
eliminate the deplorable and unfair conditions that have been brought to the
forefront by the events of the past two weeks; and
WHEREAS: This unfortunate series of events should be viewed as an
opportunity for the American people and government officials to begin a serious
dialogue that will lead directly to constructive change in this country
NOW, THEREFORE BE IT RESOLVED:
That this Common Council urges the United States Attorney General to
aggressively pursue prosecution of the police officers involved in the beating
of Rodney King, and to actively investigate and prosecute all incidents of
abuse of police power in local communities; and
BE IT FURTHER RESOLVED:
That this Honorable Body calls upon city, county and state officials to work to
ensure that a clearly defined process be established that would allow citizens
to file complaints and receive fair redress for actions of police officers, and
that citizens be given the ability to participate in the establishment and
review of policies governing the operation of local law enforcement agencies;
and
BE IT FURTHER RESOLVED:
That this Council also call upon all residents of the Buffalo area to recommit
themselves to work peacefully and cooperatively toward establishing a just
Judicial system, alleviating the economic and social injustices that exist in
this nation, and promoting greater understanding among all people.
BE IT FURTHER RESOLVED:
That the Committee on Legislation hold a hearing to allow the students of Erie
Community college to present various proposals for City action.
Mr. Fahey moved approval of the first three resolves and the fourth resolved is
referred to the Committee on Legislation
ADOPTED.
AYES- 13 NOES- 0. *
* Mr. Higgins was in the negative to the first resolve only.
No. 199
BY: MR. COLLINS
RE: ORDINANCE AMENDMENT
CHAPTER 78, ANIMALS OF
CHAPTER 175 - FEES
The Common Council of the City of Buffalo does hereby ordain as
follows:
That Chapter 78, Animals, of Chapter 175 of the Code of the City of
Buffalo be amended to read as follows:
78-15, licenses
For each spayed or neutered dog [$7.50] $10.00
For each unspayed or unneutered dog [$7.50] $10.00
This ordinance shall take effect July 1, 1992.
APPROVED AS TO FORM
Lawrence K. Rubin
Corporation Counsel
NOTE: Matter in brackets [ ] to be deleted; matter underlined is new.
REFERRED TO THE COMMITTEE OF THE WHOLE.
No. 200
BY: MR. COLLINS
RE: ORDINANCE AMENDMENT
CHAPTER 1 OF CHAPTER 175 - FEES
The Common Council of the City of Buffalo does hereby ordain as
follows:
That Chapter 1 of Chapter 175 of the Code of the City of Buffalo be
amended by adding the following:
Chapter 1, General Provisions
1-15, general penalty
Charge for check returned -
not sufficient funds $15.00
This ordinance shall become effective July 1, 1992.
APPROVED AS TO FORM
Lawrence K. Rubin
Corporation Counsel
REFERRED TO THE COMMITTEE OF THE WHOLE.
No. 201
BY: MR. COLLINS
RE: ORDINANCE AMENDMENT
CHAPTER 1 - GENERAL PROVISIONS
The Common Council of the City of Buffalo does hereby ordain as
follows:
That Section 1-15 of Chapter 1 of the Code of the City of Buffalo be
amended to read as follows:
1-15. General penalty.
Every violation of any of the Code of the City of Buffalo shall be
punishable by a fine or penalty of not more than one thousand five hundred
dollars ($1,500) or by imprisonment for not more than fifteen (15) days, or by
both such fine and imprisonment, for each offense, in every case wherein no
punishment or fine for a violation thereof is provided. Each day that a
violation continues shall be deemed a separate violation. In addition to the
aforesaid fines and penalties, a licensee who violates any provision of the
Code shall be subject to a suspension or revocation of his license. Any
payment returned by the Director of Treasury for insufficient funds will be
subject to an additional charge as outlined in Chapter 175, Fees.
This ordinance shall become effective July 1, 1992.
APPROVED AS TO FORM
Lawrence K. Rubin
Corporation Counsel
NOTE: Matter in brackets [ ] to be deleted; matter underlined is new.
REFERRED TO THE COMMITTEE OF THE WHOLE.
No. 202
BY: MR. COLLINS
RE: ORDINANCE AMENDMENT
CHAPTER 361-21 OF CHAPTER 175 - FEES
SEARCH OF POLICE DEPARTMENT FILES
The Common Council of the City of Buffalo does hereby ordain as
follows:
That Chapter 361, Section 361-21 of Chapter 175, Fees, of the Code of the
City of Buffalo be amended to read as follows:
361-21. Search of Police Department Files.
Permit or License Fee
Records of Bureau of
Communications and Records [$5.00] $10.00
[Records of Auto Theft and
Robbery Bureau $5.00]
Records of the Bureau of
Identification and Central
Records Bureau [$5.00] $10.00
Records of the Bureau of
Traffic Records and Control [$5.00] $10.00
Records of [the Accident Record
Division] Accident and Crime
Reports [$5.00] $10.00
This ordinance shall become effective July 1, 1992.
APPROVED AS TO FORM
Lawrence K. Rubin
Corporation Counsel
NOTE: Matter in brackets [ ] to be deleted; matter underlined is new.
REFERRED TO THE COMMITTEE OF THE WHOLE.
No. 203
BY: MR. COLLINS
RE: ORDINANCE AMENDMENT
CHAPTER 116 - BURIALS
The Common Council of the City of Buffalo does hereby ordain as
follows:
That Section 116-33 of Chapter 116 of the Code of the City of Buffalo be
amended to read as follows:
A. No captain, agent or person having charge of or attached to any ferry
boat, sailing or other vessel nor any person in charge of any vehicle or public
or private conveyance shall convey or allow to be conveyed therein, by any
means aforesaid, nor shall any person convey or allow to be carried or conveyed
in any manner, from or in the City of Buffalo, the dead body of any human being
or any part thereof without a permit therefor from the Department of Health;
and the proper coupon for that purpose attached to such a permit, when issued,
shall be preserved and returned to the Department in accordance with its
regulations by the proper officer or person on such boat or vessel and the
proper person in charge of any train of cars or vehicles on which any such body
may be carried from said city.
B. Any undertaker wishing a police escort for a funeral burial procession
may apply to the Police Department Traffic Bureau for such escort. Funeral
escort service will be provided based on the availability of police officers on
that particular day. Fees for such service will be outlined in Chapter 175,
Fees.
This ordinance shall become effective July 1, 1992.
APPROVED AS TO FORM
Lawrence K. Rubin
Corporation Counsel
NOTE: Matter underlined is new.
REFERRED TO THE COMMITTEE OF THE WHOLE, AND THE CORPORATION COUNSEL.
No. 204
BY: MR. COLLINS
RE: ORDINANCE AMENDMENT
CHAPTER 116 OF CHAPTER 175 - FEES
The Common Council of the City of Buffalo does hereby ordain as
follows:
That Chapter 175 of the Code of the City of Buffalo be amended to read as
follows:
Chapter 116, Burial
116-33, funeral escort service
Funeral escort service, provided by
Police Department Traffic Bureau $50.00
This ordinance shall become effective July 1, 1992.
APPROVED AS TO FORM
Lawrence K. Rubin
Corporation Counsel
NOTE: Matter underlined is new.
REFERRED TO THE COMMITTEE OF THE WHOLE.
No. 205
BY: MR. COLLINS
RE: ORDINANCE AMENDMENT
CHAPTER 263, SECTION 263-12
The Common Council of the City of Buffalo does hereby ordain as
follows:
That Section 263-12 of Chapter 263 of the Code of the City of Buffalo be
amended to read as follows:
263-12. [Fire] [a]Alarm devices or systems.
A. Before any [fire] alarm device or system is offered for sale in the City
of Buffalo, an approval permit shall be secured from the [Bureau of Fire
Prevention] City of Buffalo by the manufacturer, agent or distributor. This
permit of approval is required for all [fire] alarm systems and devices,
including those required by this Code or other city ordinances or state laws or
for any other building, structure or private dwelling.
B. All [fire] alarm systems required to be installed in buildings or
structures within the City of Buffalo, whether by state law or local
ordinances, shall comply with the following:
(1) Approval by the Bureau of Fire Prevention or Police Department shall be
required for the installation of all [fire] alarm systems required under this
Code, state law or other local ordinances. Operation of an alarm system without
such approval will result in fines as outlined in Chapter 175, Fees.
(2) At least two (2) sets of plans for approval are required, showing
location of [fire] alarm boxes, gongs or signaling devices and detection
devices along with the location of the trouble bell and control panel. One (1)
copy of the approved plans shall be maintained on file with the [Bureau of Fire
Prevention] City of Buffalo. The other copy shall be returned to the
applicant.
(3) Fees for such licenses, permits and fines thereof shall be provided in
Chapter 175, Fees.
This ordinance shall become effective July 1, 1992.
APPROVED AS TO FORM
Lawrence K. Rubin
Corporation Counsel
NOTE: Matter in brackets [ ] to be deleted; matter underlined is new.
REFERRED TO THE COMMITTEE OF THE WHOLE.
No. 206
BY: MR. COLLINS
RE: ORDINANCE AMENDMENT
CHAPTER 263 OF
CHAPTER 175 - FEES
The Common Council of the City of Buffalo does hereby ordain as
follows:
That Chapter 263, Licenses, of Chapter 175 of the Code of the City of
Buffalo be amended by adding a new 263-12 to read as follows:
Chapter 263, Licenses
263-12, alarm services
Alarm company license fee $100.00
Alarm user permit fee $ 5.00
Excessive Avoidable Alarm Fines
1 to 3 Avoidable Alarms within
a 12 month period $ 5.00
More than 3 Avoidable Alarms within
a 12 month period $ 40.00
Operations without a permit fee $100.00
This ordinance shall take effect July 1, 1992.
APPROVED AS TO FORM
Lawrence K. Rubin
Corporation Counsel
REFERRED TO THE COMMITTEE OF THE WHOLE.
No. 207
BY:MR. COLLINS
ORDINANCE AMENDMENT
CHAPTER 165 ARTICLE V
JOURNEYMAN ELECTRICIANS
The Common Council of the City of Buffalo does hereby ordain as
follows:
Section 1. That a new Article V entitled "Journeyman Electrician", with
section and section headings be added to read as follows:
ARTICLE V
165-33 Definitions
165-34 License required; penalties for offenses
165-35 Form of license
165-36 Issuance and exhibit of card
165-37 Application
165-38 Referral to Examining Board of Electricians
165-39 Examination
165-40 Registration; issuance of license
165-41 Revocation of license
165-42 Reports of plumbing inspectors
165-43 Fees; expiration and renewal of license
165-44 Application for renewal
165-45 Apprentices
165-33 Definitions.
As used in this Article, the following terms shall have the meanings indicated:
Journeyman Electrician - Any person who holds himself or herself out to the
public as a "Journeyman Electrician", who has completed his/her apprenticeship
to the satisfaction of a duly authorized Union or agency, and who must be
employed to perform his/her duties under the supervision or a firm or
individual who is licensed by the City of Buffalo as a Master Electrician.
165-34 License Required; penalties for offenses.
A. No person shall perform any electrical work as a Journeyman Electrician
in the City of Buffalo without being licensed as hereinafter provided.
B. Any violation of this section shall be deemed to be the commission of an
unclassified misdemeanor and shall be punishable by a fine or penalty or not
more than one thousand dollars ($1,000) or by imprisonment for not more than
sixty (60) days, or by both such fine and imprisonment, for each such offense.
165-35 Form of License.
Said License shall be in printed form, containing the words:
City of Buffalo
Journeyman Electrician' s License
Date: ______________
License No. _______ Fee _________ is hereby granted to _____________________ to
perform electrical work as a journeyman electrician in the City of Buffalo,
pursuant to applicable codes of said city, and the rules and regulations
governing the installation of electrical work in said city.
Expires December 31, 19 __
Director of Licenses
165-36 Issuance and Exhibit of Card.
A card containing the wording on the aforesaid license, with blank spaces
filled in, shall, at the time of issuance of said license by the Director of
Licenses, be issued to said applicant, who shall carry the same upon his person
while in the performance of the electrical work, and said card shall be
exhibited, upon demand, to any policeman or inspector of electrical of said
city or to any owner or agent on any premises upon which said electrician is
doing work.
165-37 Application.
Any person desiring to obtain a license to perform any electrical work as a
journeyman electrician in the City of Buffalo shall first make application to
the Director of Licenses of said city, upon forms provided by said Director,
giving such details as are required by the Director. The application shall
contain:
A. The name, age, and address of the applicant.
B. A statement of the kind of work in which the applicant has been engaged
for the past five (5) years.
C. A statement of the experience and qualifications of the applicant in the
performance of electrical work.
165-38 Referral to Examining Board of Electricians.
Upon receipt of the aforesaid application, the Director of Licenses shall
thereafter refer the same to the Examining Board of Electricians of said city,
as now or hereafter constituted, for examination as to the qualifications of
the applicant to do electrical work. The Examining Board of Electricians shall
return to the Director of Licenses said application, together with a statement
of the Board's actions thereon.
165-39 Examination.
In order to ascertain the qualifications of any applicant for a license as
journeyman electrician, as herein provided, said Examining Board of
Electricians, before registering said electrician, shall require the applicant
to pass a test or examination as to his/her qualifications to do electrical
work in said city. Said examination or test shall be conducted by the Board
itself, or by a firm or agency which has been selected by the Board pursuant to
determination (by the Board) that said firm or agency is qualified to prepare
and/or administer said examination on behalf of the Board.
165-40 Registration; Issuance of License.
A. Every applicant for a license as a journeyman electrician aforesaid,
after taking said examination and satisfactorily passing the same, shall be
entitled to register his/her name and address with said Board under rules
established by the said Board. Upon so registering, said applicant shall
receive a certificate of registration from said Board, which he/she shall
present to the Director of Licenses before receiving a license from said
Director. Upon receiving said certificate of registration, the Director of
Licenses may issue a license to said applicant to perform electrical work as a
journeyman electrician in the City of Buffalo.
B. The Director of Licenses shall not issue any license, as herein provided,
to any applicant therefor unless and until there has been filed in his office
said application, together with a statement of the action of the Examining
Board of Electricians and a certificate of registration in the name of the
applicant, signed by the Examining Board of Electricians.
165-41 Revocation of License.
The Director of Licenses may revoke any license issued to any person under the
provisions of this Article for cause after a hearing upon three days' notice to
said person.
165-42 Reports of Electrical Inspectors.
City of Buffalo Electrical Inspectors shall report in writing to the City of
Buffalo Chief Electrical Inspector in the Department of Inspections and
Community Revitalization, or in whatever City agency the Chief Electrical
Inspector may be employed at the time, the name of any journeyman electrician
found installing any electrical work in the City of Buffalo without a
certificate of registration or a license, as herein required, and said Chief
Electrical Inspector shall then refer the matter to the Director of Licenses
for said Director's action. The Director of Licenses shall thereafter inform,
in writing, said Chief Electrical Inspector of the result of any action taken
by him/her as aforesaid against any such unlicensed journeyman electrician.
165-43 Fees; Expiration and Renewal of License.
The fee for a journeyman electrician's license and the fee for each renewal of
said license shall be as provided in Chapter 175, Fees. Each said license
shall expire on the 31st day of December of each year following the issuance of
said license and shall be renewable thereafter annually on the 31st day of
December of each succeeding year. The Examining Board of Electricians shall
charge a fee as provided in Chapter 175 Fees for each examination prepared and
administered by said Board; or shall direct examination candidates to make
payment of a fee in an amount approved by said 'Board, directly to an outside
firm duly selected by said Board for the purpose of preparing and administering
said examination on behalf of the Board.
165-44 Application for Renewal.
Every holder of a valid license hereunder shall, prior to December 31 .of each
year, make application to the Director of Licenses for a renewal of the same.
No renewal of said license shall be granted by the Director of Licenses unless
the applicant presents with his/her application for a renewal of license, a
certificate of registration obtained from the Examining Board of Electricians
of said city. The renewal of said license shall be in the discretion of the
Director of Licenses who may for a reasonable length of time stay the renewal
thereof pending investigation of any complaints or charges made against the
applicant. No rebate of any portion of said annual renewal, however, shall be
allowed pending such stay of license.
165-45 Apprentices.
A. In order to establish a record of his/her beginning an apprenticeship,
every electrical apprentice or learner, regardless of age, who contemplates
filing an application for a journeyman electrician license shall, within 60
days after beginning of such apprenticeship, register with the Examining Board
of Electricians on a blank furnished by said Board setting forth the date on
which apprenticeship was begun, began, by whom employed or trade school which
he/she has attended and such other information as the Board may require, and
which registration shall constitute a record of his/her apprenticeship and of
his/her right to file an application for examination and license subject to the
provisions of the application, sworn statement and the ordinances covering
journeyman electrician licenses.
B. An apprentice cannot be placed in charge of work of installing electrical
work and do such work alone, neither can such apprentice install electrical
work under the supervision of a Master Electrician when such Master Electrician
is not also physically present and taking an active part in the installation.
This ordinance shall become effective July 1, 1992.
APPROVED AS TO FORM
Laurence K. Rubin
Corporation Counsel
REFERRED TO THE COMMITTEE OF THE WHOLE.
No. 208
BY: MR. COLLINS
ORDINANCE AMENDMENT
CHAPTER 165, ELECTRICITY, OF
CHAPTER 175 - FEES
The Common Council of the City of Buffalo does hereby ordain as
follows:
That Chapter 165, Electricity, of Chapter 175 of the Code -of the City of
Buffalo be amended by adding a new 165-43 to read as follows:
165-43, fees
License fee $63.00
License renewal $42.00
Exam Fee $21.00 for each exam pre
pared and administered
by Examining Board of
Electricians; or an
amount approved by said
Board payable directly to
an outside firm duly
selected by said Board for
the purpose of preparing
and administering an exam
on behalf of the Board.
This ordinance shall take effect July 1, 1992.
APPROVED AS TO FORM
Laurence K. Rubin
Corporation Counsel
REFERRED TO THE COMMITTEE OF THE WHOLE.
No. 209
BY:MR. COLLINS
ORDINANCE AMENDMENT
CHAPTER 129 OF CHAPTER 175 - FEES
The Common Council of the City of Buffalo does hereby ordain as
follows:
That Chapter 129 of Chapter 175, Fees of the Code of the City of Buffalo
be amended to read as follows:
129-5, certificates
Conditional certificate for new
or altered structure [$ 26.25] $50.00
Existing structures (in no case should
fee exceed [$200.00]) $400.00
Residential structures
Base Plus Incremental
Fee Fees
Type
Single family [$26.25] $50.00 None
2-family [$26.25] $75.00 None
3 or more dwelling
units [$36.75] $70.00 [$10.50] $20.00
for each
dwelling unit
over 3
Rooming house [$36.75] $70.00 [ $5.25] $10.00
for each
rooming unit
over 4
Mixed dwelling and
rooming units [$36.75] $70.00
For each dwelling
unit over 3 [$10.50] $20.00
For each rooming
unit over 4 [$ 5.25] $10.00
Nonresidential Structures
Per Square Feet of
Type Fee Gross Floor Area
All uses [$26.50]$ 75.00 0 to 25,000
[$52.50]$125.00 25,001 to 50,000
[$105.00]$225.00 50,001 or more
Structure occupied in part for residential use and in part for nonresidential
use (to be added to fee calculated for nonresidential portion of structure)
Per dwelling unit [$10.50] $20.00
Per rooming unit [$ 5.25] $10.00
Conditional certificate for
existing structure [$26.50] $50.00
Renewal of certificate or
conditional certificate [$26.50] $50.00
129-6, certification of regis-
tration of mulitple housing [$10.50] $20.00
This ordinance shall become effective July1, 1992.
APPROVED AS TO FORM
Laurence K. Rubin
Corporation Counsel
NOTE: Matter in brackets [ ] to be deleted; matter underlined is new.
REFERRED TO THE COMMITTEE OF THE WHOLE.
No. 210
BY:MR. COLLINS
ORDINANCE AMENDMENT
CHAPTER 326 OF CHAPTER 175 - FEES
The Common Council of the City of Buffalo does hereby ordain as
follows:
That Chapter 326 of Chapter 175 of the Code of the City of Buffalo be
amended to-read as follows:
Chapter 326, Plumbing
326-11, journeyman plumber
License, per annum [$31.50] $63.00
Renewal [$21.00] $ 42.00
Examination [$10.50] $ 21.00
This ordinance shall become effective July 1, 1992.
APPROVED AS TO FORM
Laurence K. Rubin
Corporation Counsel
NOTE: Matter in brackets [ to be deleted; matter underlined is new.
REFERRED TO THE COMMITTEE OF THE WHOLE.
No. 211
BY:MR. COLLINS
ORDINANCE AMENDMENT
CHAPTER 479 - TRAFFIC ORDINANCES
The Common Council of the City of Buffalo does hereby ordain as
follows:
That subsection (11) of Section 15 of Chapter 479 of the Traffic
Ordinances of the City of Buffalo be amended to read as follows:
(11) Loading zone permits. Upon written application of the owner, occupant or
agent of any property within the City of Buffalo used principally for
religious, fraternal, professional, business or industrial purposes, or for
apartment house purposes where such apartment house contains twenty-five or
more apartments and upon payment of a permit fee [of one dollar per lineal foot
or part thereof] as outlined in Chapter 175, Fees, computed according to the
length of such loading zone as authorized and contained in the permit therefor,
the Division of Traffic Engineering may grant to such owner, occupant or agent
permission to maintain two signs in front of the property so owned, occupied or
controlled, prohibiting parking of any vehicle in front of such premises within
the limit fixed by such signs during the hours when such premises are open for
business or are used for religious, fraternal, professional or apartment house
purposes. A permit for two such signs in front of one entrance only to an
apartment house shall be issued. Annual renewals of loading zone permits may be
granted by the Division of Traffic Engineering in accordance with the
provisions of the within section and upon payment of a renewal fee [of fifty
cents per lineal foot or part thereof], as outlined in Chapter 175, Fees
computed according to the length of such loading zone as authorized and
contained in the permit. [thereof, but in no event to be less than ten
dollars.] No loading zone in front of any premises shall exceed thirty feet in
length and may, in the discretion of the Division of Traffic Engineering be
fixed at a shorter length. No such loading zone shall approach nearer than
fifteen feet to any safety zone now or hereafter established. The Division of
Traffic Engineering may also grant similar loading zone permits without the
payment of a fee for any entrance or exits to buildings occupied and used for
public purposes by federal, state, county or city authorities. Such signs shall
be subject to approval of the Division of Traffic Engineering as to material,
size, shape, color, location, construction and the wording thereon. The permit
so issued may be revoked by the Division of Traffic Engineering at any time.
No person, firm or corporation shall erect or maintain any loading zone signs
within the limit of any street in the City of Buffalo unless a permit has been
obtained as herein provided. Any permit issued pursuant to the provisions of
this section shall expire on the thirtieth day of June next after its issuance.
It shall be unlawful for the owner or driver of any vehicle to cause or permit
the same to be left parked within a loading zone established as hereinbefore
provided, except while being loaded or unloaded and then only for the
reasonable time necessary to accomplish this purpose.
This ordinance shall become effective July 1, 1992.
APPROVED AS TO FORM
Laurence K. Rubin
Corporation Counsel
NOTE: Matter in brackets [ ] to be deleted; matter underlined is new.
REFERRED TO THE COMMITTEE OF THE WHOLE.
No. 212
BY:MR. COLLINS
ORDINANCE AMENDMENT
CHAPTER 307 OF CHAPTER 175 - FEES
The Common Council of the City of Buffalo does hereby ordain as
follows:
That Chapter 307 of Chapter 175 of the Code of the City of Buffalo be
amended to read as follows:
307-21, parking lot operation annual license
Capacity of 6 to 10 spaces [$ 52.50] $100.00
Capacity of 11 to 25 spaces [$ 84.00] $160.00
Capacity of 26 to 50 spaces [$131.25] $250.00
Capacity of 51 to 75 spaces [$173.25] $330.00
Capacity of 76 to 100 spaces [$236.25] $450.00
Capacity of 101 to 150 spaces [$341.25] $650.00
Capacity of over 150 spaces [$388.50] $740.00
This ordinance shall become effective July 1, 1992.
APPROVED AS TO FORM
Laurence K. Rubin
Corporation Counsel
NOTE: Matter in brackets [ ] to be deleted; matter underlined is new.
REFERRED TO THE COMMITTEE OF THE WHOLE.
No. 213
BY:MR. COLLINS
ORDINANCE AMENDMENT
CHAPTER 413, SECTION 413-36 -
STREETS AND SIDEWALKS
The Common Council of the City of Buffalo does hereby ordain as
follows:
That Section 413-36 of Chapter 413 of the Code of the City of Buffalo be
amended to read as follows:
413-36. Use of streets for public events.
A. Legislative intent. The Common Council finds that streets and other
public places in the City of Buffalo are from time to time temporarily closed
and used as sites for ethnic festivals, art shows, neighborhood celebrations
and other public events which are privately sponsored but open to the public.
Events of this kind serve to improve the quality of life of the residents of
the city and often result in large crowds of people congregating within the
confines of the temporarily closed streets or public places, and the resulting
crowd conditions create concerns for police and fire access and control and
other concerns relating to the health, safety and welfare of the public and of
persons and property in the closed area. It is thereof essential that a policy
be established for governing these events which will facilitate control over
them by the sponsor and by police, fire, health and other public officials to
safeguard persons and property.
B. Definitions. The following words, when used in this section, shall have
the meanings herein stated, unless a different meaning clearly appears from the
context:
EVENT - The festival, show, celebration, performance, race, parade, march,
walk-a-thon, rally, sports event or other event for which the streets or public
place are temporarily closed.
EVENT AREA - The streets or other public place closed temporarily for purposes
of holding the event.
PARTICIPANT - Any exhibitor, vendor, concessionaire, performer or other
similarly occupied individual or corporation.
PUBLIC OFFICIAL - Police, fire, licensing, health, sanitation and other
officials and employees of the City of Buffalo whose departments are affected
by the event.
SPONSOR - The individual, group of individuals or corporation responsible for
organizating the event and requesting the temporary closing of the streets or
public place.
C. When a public place or street is temporarily closed for an event, the
Common Council may impose reasonable conditions in connection with the closing
for the purpose of facilitating control over the event area by the sponsors and
public officials for the health, welfare and safety of the public and persons
and property in the event area. Such conditions may include, among other
things, limitations upon the number, type and location of participants in the
event area, both on public property and out-of-doors on adjacent private
property and the Common Council may require the sponsor to designate in advance
the number, location and type of participants and to provide them with
identification showing that they are an authorized participant. There shall be
no other participants in the event area than those so designated and
authorized. The sponsor shall cooperate with all public officials to enforce
the conditions imposed by the Common Council. The conditions imposed under
this section shall take precedence over all other rights and privileges granted
to individuals and corporations under other chapters of this Code during the
hours of the event. Fees for conducting events are outlined in Chapter 175,
Fees.
APPROVED AS TO FORM
Laurence K. Rubin
Corporation Counsel
NOTE: Matter underlined is new.
REFERRED TO THE COMMITTEE OF THE WHOLE.
No. 214
BY:MR. COLLINS
ORDINANCE AMENDMENT
CHAPTER 413 OF CHAPTER 175 - FEES
The Common Council of the City of Buffalo does hereby ordain as
follows:
That Chapter 413 of Chapter 175 of the Code of the City of Buffalo be
amended by adding the following:
Chapter 413, Streets and Sidewalks
413-36, fees for use of streets for public events
Event permit per hour per day $100.00
Minimum three (3) hours
This ordinance shall become effective July 1, 1992.
APPROVED AS TO FORM
Laurence K. Rubin
Corporation Counsel
REFERRED TO THE COMMITTEE OF THE WHOLE.
No. 215
BY:MR. COLLINS
ORDINANCE AMENDMENT
CHAPTER 309-28 of CHAPTER 175
PARKS & OTHER OPEN SPACES
The Common Council of the City of Buffalo does hereby ordain as
follows:
That Chapter 309-28 entitled "Parks and Other Open Spaces" under Chapter
175 be amended to read as follows:
Chapter 309, Parks and Other Open Spaces
309-28, use of facilities
Fee
City Noncity
Resident Resident
DIAMONDS AND FIELDS
Team Permit, $50.00 $50.00
per season
(Grammar schools,
high schools and little
leagues excluded)
ICE SKATING
[Senior and] [y]Youths
under [12]18 and seniors $ .55 $ 2.10
18 years and over $1.05 $ 2.10
Designated private ice time:
Outdoor rink:
All groups, per hour $15.75 $15.75
Indoor rink:
All groups other than
developmental league,
per hour [$63.00] $80.00 [$105.00] $135.00
Developmental league,
(including Explorer league
Timon and Canisius High
School), per hour [$31.50] $50.00 [$105.00] $135.00
Non-resident participating - - - -$50.00 per
with resident or developmental - - - -individual/
league or high school - - - -per season
This ordinance shall become effective July 1, 1992.
APPROVED AS TO FORM
Lawrence K. Rubin
Corporation Counsel
NOTE: Matter in brackets [ ] to be deleted; matter underlined is new.
REFERRED TO THE COMMITTEE OF THE WHOLE.
No. 216
BY: MR. COLLINS
RE: ORDINANCE AMENDMENT
CHAPTER 479 - TRAFFIC ORDINANCES
The Common Council of the City of Buffalo does hereby ordain as
follows:
That subsection (7) of Section 33 of Chapter 479 of the Traffic
Ordinances of the City of Buffalo be amended to read as follows:
(7) Coin to be deposited. It shall be unlawful to deposit or cause to be
deposited in any parking meter any slug, device or substitute for a proper coin
of the United States. [The rate on one-hour meters providing 12/24/36/48/60
minutes of parking time shall be 5 cents for a period not exceeding 12 minutes
and 10 cents for a period not exceeding 24 minutes, 15 cents for a period not
exceeding 36 minutes, 20 cents for a period not exceeding 48 minutes and 25
cents for a period not exceeding 60 minutes.] The rate shall be $.50 per 60
minutes. [The rate on two-hour meters providing 12/24/36/48/60/72/84/96/108/120
minutes shall be 5 cents for a period not exceeding 12 minutes, 10 cents for a
period not exceeding 24 minutes, 15 cents for a period not exceeding 36 minutes
and 20 cents for a period not exceeding 48 minutes, 25 cents for a period not
exceeding 60 minutes, 30 cents for a period not exceeding 72 minutes, 35 cents
for a period not exceeding 84 minutes, 40 cents for a period not exceeding 96
minutes, 45 cents for a period not exceeding 108 minutes and 50 cents for a
period not exceeding 120 minutes.] Each meter shall have legibly printed
thereon the amount of money to be deposited therein.
This ordinance shall become effective July 1, 1992.
APPROVED AS TO FORM
Lawrence K. Rubin
Corporation Counsel
NOTE: Matter in brackets [ ] to be deleted; matter underlined is new.
REFERRED TO THE COMMITTEE OF THE WHOLE.
No. 217
BY: MR. COLLINS
RE: ORDINANCE AMENDMENT
CHAPTER 491, SECTION 35 -
WATER AND WATER POLLUTION
The Common Council of the City of Buffalo does hereby ordain as
follows:
That subsection (A) of 491-35 of Chapter 491 be amended to read as
follows:
491-35. Payment of bills; charges to become lien.
A. All water bills, except for water furnished by meter, are payable
quarterly in advance, on the first day of May, August, November and February,
or within ninety (90) days thereafter; and if not paid within the prescribed
time, there shall be added thereto [three percent (3%)] four and one-half
percent (4.5%) at the beginning of the next quarter and [three percent (3%)]
four and one-half percent (4.5%) for each succeeding quarter until paid, and
the water shall be turned off from the premises; and when turned off for
nonpayment, the sum as provided in Chapter 175, Fees, shall be added to the
bill for renewed supply. All water bills for fractions of the quarterly term
shall be payable in advance. No inspection for corrections of water bills will
be made after the 10th day of May, August, November and February or later than
ten (10) days from the date of the bill. The owner of the premises shall be
personally liable for the payment of bills for water furnished to premises; and
the tenant of such premises shall also be personally liable for bills for water
so furnished to premises during the term of his tenancy.
This ordinance shall take effect July 1, 1992.
APPROVED AS TO FORM
Lawrence K. Rubin
Corporation Counsel
NOTE: Matter in brackets [ ] to be deleted; matter underlined is new.
REFERRED TO THE COMMITTEE OF THE WHOLE.
No. 218
BY: MR. COLLINS
RE: ORDINANCE AMENDMENT
CHAPTER 491, SECTION 491-60 -
WATER AND WATER POLLUTION
The Common Council of the City of Buffalo does hereby ordain as
follows:
That subsection (A) of 491-60 of Chapter 491 be amended to read as
follows:
491-60. Payment of meter bills; charges to become lien.
A. Meter bills will be due and payable quarterly, with the exception of
accounts registering a consumption of two hundred fifty thousand (250,000) or
more cubic feet per month, which shall be paid monthly. All bills must be paid
by the 10th of the month in which they become due. The owner of premises shall
be personally liable for the payment of the bills for water furnished to
premises by meter; the tenant of such premises will also be personally liable
for the bills for water so furnished to premises during the term of his
tenancy. If bills for water furnished through meter are not paid within ninety
(90) days after they become due, there shall be added thereto [three percent
(3%)] four and one-half percent (4.5%) at the beginning of the next quarter and
[three percent (3%)] four and one-half percent (4.5%) for each succeeding
quarter until paid, and the water shall be turned off from the premises and an
additional charge as provided in Chapter 175, Fees, shall be paid before the
water is again turned on.
This ordinance shall take effect July 1, 1992.
APPROVED AS TO FORM
Lawrence K. Rubin
Corporation Counsel
NOTE: Matter in brackets [ ] to be deleted; matter underlined is new.
REFERRED TO THE COMMITTEE OF THE WHOLE.
No. 219
BY: MR. COLLINS
RE: ORDINANCE AMENDMENT
CHAPTER 175-2
SENIOR CITIZENS' RECREATIONAL ACTIVITIES
The Common Council of the City of Buffalo does hereby ordain as
follows:
That Chapter 175 of the Code of the City of Buffalo be amended by adding
a new 175-2 to read as follows:
175-2. Senior Citizens Recreational Activities.
The director for the aging shall set reasonable fees for recreational
activities for senior citizens sponsored by the City, including but not limited
to recreational bus trips and dances. The director in his discretion may waive
such fees On an individual basis for persons who cannot afford to pay.
APPROVED AS TO FORM
Lawrence K. Rubin
Corporation Counsel
REFERRED TO THE COMMITTEE OF THE WHOLE.
No. 220
BY: MR. COLLINS
RE: ORDINANCE AMENDMENT
CHAPTER 413 OF CHAPTER 175 - FEES
The Common Council of the City of Buffalo does hereby ordain as
follows:
That Chapter 413 of Chapter 175 of the Code of the City of Buffalo be
amended to read as follows:
Chapter 413, Streets and Sidewalks
413-62, inspection of work done by
public utility holding franchise from
city per hour for each inspector required,
with minimum of l hour per inspection [$54.60] $60.00
This ordinance shall become effective July 1, 1992.
APPROVED AS TO FORM
Lawrence K. Rubin
Corporation Counsel
REFERRED TO THE COMMITTEE OF THE WHOLE.
No. 221
BY: MR. COLLINS
RE: ORDINANCE AMENDMENT
CHAPTER 511 OF CHAPTER 175 - FEES
The Common Council of the City of Buffalo does hereby ordain as
follows:
That Chapter 511 of Chapter 175 of the Code of the City of Buffalo be
amended to read as follows:
Chapter 511, Zoning
511-55, filing of re- [$210.00], $250.00
stricted use permit plus 10% surcharge for
State Environmental
Quality Review Act
511-79.9, site development
plan review
Application for site [$52.50], $100.00 plus
plan review $1.00 for each $1,000.00 value of
construction or fraction thereof, up
to a maximum fee of $1,000.00
511-122, applications
and appeals to Board
of Appeals
Application [$52.50] $75.00
Appeal [$52.50] $75.00
511-126, petition to [$315.00], $350.00
amend change or supple- plus 10% surcharge
lement Chapter 511, Zoning for State Environmental Quality
Review Act
This ordinance shall become effective July 1, 1992.
APPROVED AS TO FORM
Lawrence K. Rubin
Corporation Counsel
NOTE: Matter in brackets [ ] to be deleted; matter underlined is new.
REFERRED TO THE COMMITTEE OF THE WHOLE.
No. 222
BY: MR. COLLINS
RE: ORDINANCE AMENDMENT
CHAPTER 421 OF CHAPTER 175 - FEES
The Common Council of the City of Buffalo does hereby ordain as
follows:
That Chapter 421 of Chapter 175 of the Code of the City of Buffalo be
amended to read as follows:
Chapter 421, Subdivision of Land
421-9, application for approval of preliminary layout
For each application [$52.50] $75.00
plus
For each 2,000 square feet of area or
fraction thereof, for the first 100,000
square feet [$ 2.10] $ 3.00
For each 2,000 square feet of area or
fraction thereof, for the next 100,000
square feet [$ 1.05] $ 2.00
Thereafter, for each additional 2,000
square feet of area or fraction
thereof [$ 0.55] $ 1.00
Plus 10% sur
charge for
State Environmental
Quality Review Act
This ordinance shall become effective July 1, 1992.
APPROVED AS TO FORM
Lawrence K. Rubin
Corporation Counsel
NOTE: Matter in brackets [ ] to be deleted; matter underlined is new.
REFERRED TO THE COMMITTEE OF THE WHOLE.
No. 223
BY: MR. COLLINS
RE: ORDINANCE AMENDMENT
CHAPTER 337 OF CHAPTER 175 - FEES
The Common Council of the City of Buffalo does hereby ordain as
follows:
That Chapter 337 of Chapter 175 of the Code of the City of Buffalo be
amended to read as follows:
Chapter 337, Preservation Standards
337-31, Preservation Board Review
Application for landmark designation
(nonowner occupied) $525.00
Certificate of compliance (for non-owner occupants)
Less than $10,000.00 $ 26.25
More than $10,000.00 $ 52.50
plus 10%
surcharge for State
Environmental
Quality Review Act
This ordinance shall become effective July 1, 1992.
APPROVED AS TO FORM
Lawrence K. Rubin
Corporation Counsel
NOTE: Matter underlined is new.
REFERRED TO THE COMMITTEE OF THE WHOLE.
No. 224
BY: MR. COLLINS
RE: ORDINANCE AMENDMENT
CHAPTER 491 OF CHAPTER 175 - FEES
The Common Council of the City of Buffalo does hereby ordain as
follows:
That Chapter 491 of Chapter 175 of the Code of the City of Buffalo be
amended to read as follows:
Chapter 491, Water and Water Pollution
491-72, use of water for building purpose
Permit
Per hydrant [$ 45.15] $ 51.70
plus
Per day, for water use for each
calendar day permit is in effect [$ 17.65] $ 20.21
Season permit [$470.10] $538.26
This ordinance shall become effective July 1, 1992.
APPROVED AS TO FORM
Lawrence K. Rubin
Corporation Counsel
NOTE: Matter in brackets [ to be deleted; matter underlined is new.
REFERRED TO THE COMMITTEE OF THE WHOLE.
No. 225
BY: MR. COLLINS
RE: ORDINANCE AMENDMENT
CHAPTER 175- FEES
The Common Council of the City of Buffalo do hereby ordain as
follows:
That Chapter 175- Fees, of the Code of the City of Buffalo is hereby amended to
read as follows:
Chapter 491, Water and Water Pollution
491- 74, water rates
YEARLY DWELLING RATES
For water used in laundry tubs, sinks and washstands in dwellings:
Regular Rates
Stories in Height
1 1 1/2 2
Under 25 feet [$45.20] $51.76 [$50.92] $58.32 [$62.24] $71.28
From 25 to 30 feet [$50.92] $58.32 [$62.24] $71.28 [$73.52] $84.20
From 30 to 35 feet [$62.24] $71.28 [$73.52] $84.20 [$79.08] $90.56
From 35 to 40 feet [$73.52] $84.20 [$79.08] $90.56 [$84.76] $97.08
From 40 to 45 feet [$79.08] $90.56 [$84.76] $97.08 [$96.08] $110.04
From 45 to 50 feet [$84.76] $97.08 [$96.08] $110.04 [$107.36]$122.96
2 1/2 3
[$73.52]$84.20 [$79.08] $90.56
[$79.08]$90.56 [$84.76] $97.08
[$84.76] $97.08 [$96.08] $110.04
[$96.08] $110.04 [$107.36]$122.96
[$107.36] $122.96 [$118.60]$135.80
[$118.60] $135.80 [$124.24]$142.28
4 5
[$84.76]$97.08 [$96.08]$110.04
[$96.08]$110.04 [$107.36]$122.96
[$107.36]$122.96 [$118.60]$135.80
[$118.60]$135.80 [$124.24]$142.28
[$124.24]$142.28 [$129.88]$148.72
[$129.88]$148.72 [$141.24]$161.72
Qualified Senior Citizens' Rates
Stories in Height
1 1 1/2 2
Under 25 feet [$28.92] $33.12 [$32.60] $37.36 [$39.84] $45.64
From 25 to 30 feet [$32.60] $37.36 [$39.84] $45.64 [$47.00] $53.84
From 30 to 35 feet [$39.84] $45.64 [$47.00] $53.84 [$50.60] $57.96
From 35 to 40 feet [$47.00] $53.84 [$50.60] $57.96 [$54.24] $62.12
From 40 to 45 feet [$50.60] $57.96 [$54.24] $62.12 [$61.44] $70.36
From 45 to 50 feet [$54.24] $62.12 [$61.44] $70.36 [$68.64] $78.60
2 1/2 3
[$47.00]$53.84 [$50.60] $57.96
[$50.60]$57.96 [$54.24] $62.12
[$54.24]$62.12 [$61.44] $70.36
[$61.44]$70.36 [$68.64] $78.60
[$68.64]$78.60 [$75.92] $86.96
[$75.92]$86.96 [$79.48] $91.00
4 5
[$54.24]$62.12 [$61.44] $70.36
[$61.44]$70.36 [$68.64] $78.60
[$68.64]$78.60 [$75.92] $86.96
[$75.92]$86.96 [$79.48] $91.00
[$79.48]$91.00 [$83.12] $95.20
[$83.12]$95.20 [$90.36] 103.48
Qualified Senior
Regular Rates Citizens' Rates
When more than one family
in house (no frontage
charge), each family [$ 45.20] $ 51.76 [$ 28.92]$ 33.12
Bathtubs (attached shower
bath, no charge) [$ 11.36] $ 13.04 [$7.24] $ 8.32
SHOWER BATHS
If not attached to
bathtub [$ 11.36] $ 13.04[ $7.24] $ 8.32
WATER CLOSETS
For first, if self-
closing valve [$ 22.64] $ 25.92 [$ 14.48]$ 16.60
For each additional, if
self-closing valve [$ 17.24]$ 19.76 [$ 11.08]$ 12.72
Evasive closets, charged
same as if water
connected [$ 33.96]$ 38.88 [$ 21.72]$ 24.88
Antifreezing or hopper
closet (rebate allowed if
in good repair: regular
rate [$124.76] $142.85; qualified
senior citizens rate
[$78.68] $90.09) [$169.32]$193.88[$108.36]$124.08
Urinals in private
dwellings [$ 22.64]$ 25.92 [$ 14.48]$ 16.60
LAWN SPRINKLERS
Lawn Sprinklers (fountains),
hose at rest or perforated
hose per season [$ 56.42] $ 64.60 [$ 36.10]$ 41.34
SWIMMING POOLS
Portable pools, 12 feet
in diameter or maximum
length by 30 inches in
height and smaller, per
season [$ 28.26] $ 32.36 [$ 18.06]$ 20.68
Pools larger than the
above, per season [$ 56.42] $ 64.60 [$ 37.26]$ 42.66
(Inground pools in dwellings
must be metered)
GARAGE AND AUTOMOBILES
Automobiles, in garage
or barn with water
connection, per car, per
season [$ 22.62] $ 25.90 [$ 14.46]$ 16.56
Automobiles, in garage
or barn without water
connection, per car, per
season [$ 11.30] $ 12.94 [$ 7.22] $ 8.28
BOARDERS OR ROOMERS
In addition to regular
family rates, for each
boarder or roomer [$ 8.56] $ 9.80 [$ 5.42] $ 6.24
BOILERS FOR HEATING
Private dwelling, water
system, per season [$ 11.30]$ 12.94 [$ 7.22] $ 8.28
Private dwelling, steam,
per season [$ 11.30]$ 12.94 [ $7.22] $ 8.28
CLOSETS
In tenements, used by
more than one family,
per family [$ 22.64]$ 25.92 [$ 14.48]$ 16.60
OFFICES
With water fixtures [$ 45.20]$ 51.76 [$ 28.92]$ 33.12
Without water fixtures [$ 22.64]$ 25.92 [$ 14.48]$ 16.60
SPRINKLING CONNECTIONS
{per season)
For lawns, when over 5,000
square feet, per square yard
of lawn area sprinkled [$0.12]$0.14 [$ 0.08] $ 0.10
For lawns, under 5,000
square feet and over 30
feet front, in block, per
lineal foot [$ 0.64]$0.74 [$ 0.40] $ 0.46
For lawns, under 5,000
square feet on corner
lots, measured on frontage,
per lineal foot [$ 0.90]$1.04 [$ 0.58] $ 0.66
For lawns, under 5,000
square feet and under 30
feet of lot block [$ 16.92]$ 19.38 [$ 10.84]$ 12.42
{per season)
For lawns, when over 5,000
square feet, per square yard
of lawn area sprinkled [$0.12]$0.14 [$ 0.08] $ 0.10
For lawns, under 5,000
square feet and over 30
feet front, in block, per
lineal foot [$ 0.64]$0.74 [$ 0.40] $ 0.46
For lawns, under 5,000
square feet on corner
lots, measured on frontage,
per lineal foot [$ 0.90]$1.04 [$ 0.58] $ 0.66
For lawns, under 5,000
square feet and under 30
feet of lot block [$ 16.92]$ 19.38 [$ 10.84]$ 12.42
For lawns, under 5,000
square feet and under 30
feet of lot corner [$ 23.48]$ 26.88 [$ 15.22]$ 17.44
FIRE SPRINKLER CONNECTIONS
Fire pipelines or sprinkler- [$135.44]$155.08 [$86.68] $99.28
connections, fire use only as
approved by commissioner of public works and type approved by Board of Fire
Underwriters, will be granted on special request, supply to be metered, at
expense of consumer, rate to be, per annum in addition to regular meter rate
for all water shown by meter to have been used, except in case of fire;
provisions of this entry not to apply to outside hose connections on buildings
intended for use of department of fire exclusively
The above rates shall become effective July 1, 1992
BUILDING PURPOSES
Stone, used, per cord [$ 2.27]$2.60 [$ 1.45]
Brick, used, per 1,000 [$ 1.50]$1.72 [$ 0.97]
Plastering, 2 coats,
per 100 square yards [$ 4.50]$5.15 [$ 2.89]
Plastering, 3 coats,
per 100 square yards [$ 5.91]$6.77 [$ 3.77]
Cement sidewalk or
flooring, per cubic yard [$ 0.62]$0.71 [$ 0.39]
Concrete building blocks,
per 1,000 [$ 10.61]$ 12.15[$ 6.78]
Fireproofing or tiling,
per 100 cubic feet [$ 1.13]$1.29 [$ 0.73]
FLUSHING SEWERS
6-inch sewer, each 100
feet or less [$ 22.60]$ 25.88 ---
12-inch sewer, each 100
feet or less [$ 33.86]$ 38.77 ---
18-inch sewer, each 100
feet or less and upwards
in proportion [$ 45.13]$ 51.67 ---
In addition, for use
of hydrant [$ 45.13]$ 51.67 ---
SETTLING TRENCHES
First 100 feet [$ 22.60]$ 25.88 ---
Each additional 100 feet
or less, 2-foot width [$ 3.52]$4.03 ---
Each additional 100 feet
or less, 3-foot width [$5.18]$5.93 ---
Each additional 100 feet
or less, 4-foot width [$ 6.82]$7.81 ---
Each additional 100 feet
or less, 5-foot width [$ 8.71]$9.97 ---
Each additional 100 feet
or less, 6-foot width [$ 10.36] 11.86 ---
Each additional 100 feet
or less of gas trench [$ 3.06]$3.50 ---
In addition, for use of
hydrant [$ 45.15] $ 51.70 ---
The above rates shall become effective July 1, 1992.
METER RATES
For water supplied by meter, the following monthly rates
are established:
Qualified Senior
Regular Rates Citizens' Rates
First 3,000 cubic feet,
per 1,000 cubic feet [$ 7.97] $ 9.13 [$ 4.79] $ 5.48
Next 9,000 cubic feet,
per 1,000 cubic feet [$ 6.38] $ 7.31 [$ 3.82] $ 4.37
Over 12,000 cubic feet,
per 1,000 cubic feet [$ 4.16] $ 4.76 [$ 2.50] $ 2.86
Minimum quarterly rates for furnishing meters, per meter:
Meter Size
(inches)
5/8 [$23.91] $ 27.39 [$14.37]$ 16.47
3/4 [$29.82] $ 34.14 [$17.94]$ 20.55
1 [$39.81] $ 45.60 [$23.88]$ 27.36
1 1/2 [$59.82] $ 68.49 [$35.85]$ 41.07
2 [$80.94] $ 92.70 [$48.51]$ 55.56
3 [103.56] $118.59 -----
4 [$268.92] $307.89 -----
6 [$529.20] $605.91 -----
8 [$794.73] $909.99 -----
10 [$1,057.17] $1,210.47 -----
12 [$1,319.34] $1,510.65 -----
16 [$3,799.56] $4,350.48 -----
20 [$5,025.00] $5,753.61 -----
The meter rates hereinabove set forth shall become effective July 1, 1992.
APPROVED AS TO FORM
Lawrence K. Rubin
Corporation Counsel
NOTE: (Matter underlined is new; matter in brackets [ ] to be omitted).
REFERRED TO THE COMMITTEE OF THE WHOLE.
No. 226
BY:MR. COLLINS
City Of Buffalo
Local Law No. _________ (1992)
Introductory No. 10 (1992)
A LOCAL LAW amending section five hundred forty-five of article
twenty-eight of the charter of the city of Buffalo, in relation to taxes upon
gross incomes or gross operating incomes of corporations and persons furnishing
utility services.
BE IT ENACTED BY THE COMMON COUNCIL OF THE CITY OF BUFFALO AS FOLLOWS:
Section 1. That subdivision (2) of section 545 of article 28 of the
charter of the city of Buffalo, adopted pursuant to law, be amended to read as
follows:
Sec. 545. Taxes Upon Gross Incomes or Gross Operating Incomes of Corporations
and Persons Furnishing Utility Services.
(2) Imposition of tax. Notwithstanding any other provision of this charter
or any other law, tax equal to three per centum of its gross income commencing
with the effective date of this subdivision as amended and ending [July first,
nineteen hundred eighty, and thereafter at one per centum until May
thirty-first, nineteen hundred eighty-one, and thereafter for each twelve-month
period commencing June first, nineteen hundred eighty-one, at two per centum,
until May thirty-first, nineteen hundred ninety, and thereafter for each
twelve-month period commencing June first, nineteen hundred ninety, at three
per centum] May thirty-first, nineteen hundred ninety-two, and thereafter at
four per centum for each twelve-month period commencing June first, nineteen
hundred ninety two, is hereby imposed upon every utility doing business in the
city of Buffalo which is subject to the supervision of the state department of
public service and which has a gross income for each such period in excess of
five hundred dollars, except motor carriers or brokers subject to such
supervision under article three-b of the public service law, and a tax equal to
one per centum of its gross operating income is hereby imposed for each such
period upon every other utility doing business in the city of Buffalo which has
a gross operating income for each such period from June first, nineteen hundred
fifty, in excess of five hundred dollars, which taxes shall be in addition to
any and all other taxes and fees imposed by any other provision of law for the
same period.
Section 2. This local law shall take effect June 1, 1992.
APPROVED AS TO FORM
Laurence K. Rubin
Corporation Counsel
NOTE: Matter in brackets [ ] to be deleted; matter underlined is new.
REFERRED TO THE COMMITTEE Of THE WHOLE.
No. 227
BY:MR. COLLINS
City Of Buffalo
Local Law No _________ (1992)
Introductory No. 11 (1992)
A LOCAL LAW amending section five hundred ninety-two of article
thirty of the charter of the city of Buffalo, in relation to increasing
interest rates on delinquent property taxes and water bills from 12% to 18% per
year.
BE IT ENACTED BY THE COMMON COUNCIL OF THE CITY OF BUFFALO AS FOLLOWS:
Section l. That section 592 of article 30 of the charter of the city of
Buffalo, adopted pursuant to law, be amended to read as follows:
Sec. 592. Additions for Nonpayment.
(a) July nonpayments.
(i) The department of assessment shall add the percentages stated below
in paragraph (ii) to the unpaid local assessments returned on the general tax
roll and the first half unpaid general city tax on the general tax roll until
the sum is paid.
(ii) Schedule of additions:
August 1 to August 31 [3%] 4.5%
September 1 September 30 [4%] 6.0%
October 1 to October 30 [5%] 7.5%
November 1 to November 30 [6%] 9.0%
December 1 to December 31 [7%] 10.5%
January 1 to January 31 [8%] 12.0%
February 1 to last day
of February [9%] 13.5%
March 1 to March 31 [10%] 15.0%
April 1 to April 30 [11%] 16.5%
For each succeeding month, [one] one and a half per centum shall be added.
(b) December nonpayments.
The department of assessment shall add the percentages stated below in
paragraph (ii) to the second half unpaid general city tax on the general tax
roll until the sum is paid.
(ii) Schedule of additions:
January 1 to January 31 [2%] 3.0%
February 1 to last day in
February [5%] 7.5%
March 1 to March 30 [10%] 15.0%
April 1 to April 30 [11%] 16.5%
For each succeeding month, [one] one and a half per centum shall be added.
(c) Day of payment. Whenever the last day to pay such taxes or assessments
without additions shall fall on a Saturday, Sunday or legal holiday, such taxes
may be paid on the next business day following such Saturday, Sunday or legal
holiday without incurring such additions as would have been made on that day.
Section 2. This local law shall take effect July 1, 1992.
APPROVED AS TO FORM
Laurence K. Rubin
Corporation Counsel
NOTE: Matter in brackets [ ] to be deleted; matter underlined is new.
REFERRED TO THE COMMITTEE OF THE WHOLE.
No. 228
BY:MR. COLLINS
Increased Appropriation Reserved Fund Balance Appropriation Allotments
-Division of Inventory & Stores
That, pursuant to Section 41 of the Charter and the Certificate
of the Mayor and the Comptroller submitted to the Common Council, the
appropriation in the budget for the current fiscal year for Appropriation
Allotments - Division of Inventory & Stores be and the same hereby is increased
in the sum of $13,000.
That, the Comptroller be and hereby is authorized and directed to
transfer the sum of $13,000 from 100-890-050 - Reserved Fund Balance for
Capital Budget Appropriations to meet this increased appropriation as set forth
below:
TO:
100 General Fund
10-4 Division of Inventory & Stores
085 - Capital Outlay
960 - Special Structures & Fixed Equipment
Fuel Management System $13.000
REFERRED TO THE COMMITTEE ON FINANCE.
No. 229
BY MR. COLLINS
Increased Appropriation Unreserved Retained Earnings-Appropriation
Allotments
Enterprise Fund - Stadium & Auditorium
That, pursuant to Section 41 of the Charter and the Certificate
of the Mayor and the Comptroller submitted to the Common Council, the
appropriation in the budget for the current fiscal year for Appropriation
Allotments - Enterprise Fund -Stadium & Auditorium be and the same hereby is
increased in the sum of $212,000.
That, the Comptroller be and hereby is authorized and directed to
transfer the sum of $212,000 from 430- -899 - Unreserved Retained Earnings to
meet this increased appropriation as set forth below:
TO:
430 Enterprise Fund - Stadium & Auditorium
61-2- Memorial Auditorium
031 - Operation & Maintenance
Personal Services
112 - Temporary Services $ 98,000
114 - Overtime Pay 28,000
Public Utility Services
221 - Electric 80,000
81-3 - Fringe Benefits
175 - Reserve for Unused Sick Leave 6,000
Total $212,000
PASSED.
AYES- 13 NOES- 0.
No. 230
BY MR. FAHEY
Discharge Item from Committee on Legislation
Appt. Mbrs. Water Board
Item No. 3, C.C.P. 4/28/92
Whereas: The above item is presently before the Committee on
Legislation,
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 Legislation from further consideration of the above
item, and said item is now before the Council.
Seconded by Mr. Bakos.
LOST.
AYES- BAKOS, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO, ZUCHLEWSKI- 6.
NOES- AMOS, ARTHUR, BELL, COLLINS, COPPOLA, PERLA, PITTS- 7.
No. 231
BY MR. FAHEY
Discharge Item from Committee on Legislation
Appt. Mbrs. Water Finance Authority
Item No. 4, C.C.P. 4/28/92
Whereas: The above item is presently before the Committee on
Legislation,
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 Legislation from further consideration of the above
item, and said item is now before the Council.
Seconded by Mr. Bakos.
LOST.
AYES- BAKOS, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO, ZUCHLEWSKI- 6.
NOES- AMOS, ARTHUR, BELL, COLLINS, COPPOLA, PERLA, PITTS- 7.
No. 232
BY:MR. FAHEY
City Of Buffalo
Local Law No. _______ (1992)
Introductory No. 8 (1992)
A LOCAL LAW amending section two hundred sixty-three of article
thirteen of the charter of the city of Buffalo, in relation to fire companies.
BE IT ENACTED BY THE COMMON COUNCIL OF THE CITY OF BUFFALO AS FOLLOWS:
Section 1. That section two hundred sixty-three of article thirteen of
the charter of the city of Buffalo, adopted pursuant to law, be amended to read
as follows:
Sec. 263. Fire Companies.
The number of fire companies and the location thereof as of [December
first, nineteen hundred eighty-one,] July 1, 1992, consisting of [twenty-five]
twenty-two engine companies and [thirteen] twelve hook and ladder companies
(not including the fire boat), shall be [re]established, with power in the
commissioner of fire, with the approval of the common council, to add to or
diminish the number thereof or relocate said companies by order, rule or
regulation.
Section 2. That this local law shall take effect July 1, 1992.
APPROVED AS TO FORM.
Laurence K. Rubin
Corporation Counsel
NOTE: (Matter underlined is new; matter in brackets [ ] to be omitted)
REFERRED TO THE COMMITTEE OF THE WHOLE.
No. 233
BY:MR. FAHEY
City Of Buffalo
Local Law No._____(1992)
Local Law Introductory No. 9 (1992)
A LOCAL LAW amending section two hundred forty-five of article
12 of the charter of the city of Buffalo in relation to "MINIMUM MANPOWER AND
EQUIPMENT REQUIREMENTS.
BE IT ENACTED BY THE COMMON COUNCIL OF THE CITY OF BUFFALO AS FOLLOWS:
Section 1. That section two hundred forty-five of article 12 of the
charter of the city of Buffalo, adopted pursuant to law, be repealed in its
entirety.
[Sec. 245. Minimum Manpower and Equipment Requirements.
The minimum number of police officers assigned to police stations shall
be forty-four, each police station shall have a minimum of three patrol cars
assigned per shift, and each police station shall be open twenty-four hours a
day unless otherwise established by the Common Council.]
Section 2. This local law shall take effect July 1, 1992.
APPROVED AS TO FORM
Laurence K. Rubin
Corporation Counsel
NOTE: Matter in brackets [ to be deleted.
REFERRED TO THE COMMITTEE OF THE WHOLE.
No. 234
BY: MESSRS. FAHEY & HIGGINS
Lead Agency Designation
Local Waterfront Revitalization Program
State Environmental Quality Review Act SEQR
WHEREAS, prior to the adoption of the City of Buffalo's Local
Waterfront Revitalization Program, the City must comply with the provisions of
the New York State Environmental Quality Review Act (SEQR), pursuant to Section
8-0113 of the New York State Environmental Conservation Law; and
WHEREAS, the adoption of the Waterfront Revitalization program
constitutes a Type I Action as defined by SEQR per Section 617.2, and requires
the preparation of a Generic Environmental Impact Statement (Gels); and
WHEREAS, a Lead Agency responsible for complying with all the provisions
of SEQR, for determining the impact of the action on the environment, and for
the preparation and filing of the GEIS must, be designated from all the
agencies involved in approving the Local Waterfront Revitalization Program; and
WHEREAS, the Buffalo Common Council is the only involved local agency,
which has the broadest governmental powers for investigation of the impacts of
the proposed action; and
WHEREAS, the anticipated impacts of the action are primarily of local
significance;
NOW, THEREFORE, BE IT RESOLVED:
That the Buffalo Common Council hereby proposes to be the lead SEQR
agency for the proposed action, and that the Common Council, as per Section
617.6 of SEQR, will notify each of the agencies involved in the approval of the
Local Waterfront Revitalization Program that the Council proposes to be the
lead SEQR agency for the action and that a lead agency must be agreed upon
within 30 calendar days of the date that the notice and a preliminary draft
GEIS was mailed to them.
REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT AND THE CORPORATION COUNSEL.
No. 235
BY: MR. FRANCZYK
Report On Bulk Trash Pick-Up And Fines
WHEREAS: The Commissioner of Streets instituted a bulk trash pick-up
schedule for the City of Buffalo, which is necessary to pick up heavy trash
property owners have accumulated; and,
WHEREAS: The speedy removal of this material throughout all council
districts is necessary for the health, safety, cleanliness, and aesthetic
well-being of the city; and,
WHEREAS: Slumlords, negligent tenants or other individuals who simply are
not aware of the printed schedule have once again heaped out large amounts of
bulk trash on various Fillmore District streets weeks ahead of the May 11th
date set by the Streets/Sanitation Department;
NOW THERE FORE BE IT RESOLVED:
That the Commissioner of Streets Sanitation be requested to appear before the
Common Council to speak to the progress of his Bulk Trash program for 1992;
BE IT FURTHER RESOLVED:
That the Commissioner report on how many fine tickets have been issued to
individuals who clog the streets with trash before the scheduled date;
BE IT FINALLY RESOLVED:
That the Commissioner of Streets Sanitation report on why his date schedule
should have been adopted as opposed to the schedule mandated by the bi-weekly
Council approved ordinance amendment for bulk trash pick-up.
REFERRED TO THE COMMITTEE ON LEGISLATION AND THE COMMISSIONER OF STREET
SANITATION.
No. 236
BY: MR. FRANCZYK
Protest Moving Kolbe School From Buffalo To Cheektowaga
WHEREAS: The Catholic Diocese of Buffalo announced that it will
close the Kolbe Catholic Elementary School located at St. John Kanty parish at
Broadway and Swinburne Street in the City of Buffalo; and,
WHEREAS: Although the city Kolbe school is superior to its suburban
counterpart, the school will be re-located to an inferior facility at St. John
Gualbert's in Cheektowaga; and,
WHEREAS: The original Kolbe Regionalization Plan, approved last year, led
city residents to believe that their school would remain open, yet the Kolbe
Catholic School Board betrayed that trust by clandestinely voting to close the
city school and move it to the Cheektowaga campus; and,
WHEREAS: Once again, city residents have lost a vital service to the
suburbs, and will suffer as a result; and,
WHEREAS: The Diocese and Kolbe School Board plan is hurtful to the City of
Buffalo and its residents, particularly in light of the fact that the board
could have voted to consolidate it's suburban Kolbe School into the city school
as opposed to the other way around; and,
WHEREAS: The Kolbe city campus should be retained particularly in light of
the fact that:
* Reading and math tutoring is available for all students
as needed in the city school and is paid for by the city of
Buffalo;
* The city school Kolbe building is in excellent physical
condition, as opposed to the Cheektowaga facility;
* The school library is expansive and well-organized;
* The large school lyceum is conducive for meetings;
* Buffalo city students would have to be bussed out of their
neighborhood school into Cheektowaga, at cost; and,
WHEREAS: Once again a major neighborhood employer will leave the city for
the suburbs, and city residents will be thoughtlessly deprived of a school of
their choice; and,
WHEREAS: The City of Buffalo does not involve itself in Diocesan affairs,
however it is sensitive to the loss of jobs, educational opportunity and
community cohesiveness to the suburbs;
NOW THEREFORE BE IT RESOLVED:
That this Common Council is opposed to the moving of a city based private
school to the suburbs, and urges Bishop Edward D. Head, Catholic School
superintendent Ronald Cook and the Kolbe Catholic School Board to reconsider
their decision and leave the Kolbe Catholic city school with its 117 students
where it belongs: at St. John Kanty parish in the City of Buffalo.
ADOPTED.
No. 237
BY: MR. FRANCZYK
Restore Crime Victims Program
WHEREAS: Since 1981 the Neighborhood Information Center, located
at 1081 Broadway, has been operating a Crime Victims Program to assist
residents of Buffalo's East Side; and
WHEREAS: Through the years the program has been an exemplary one, providing
aid to countless victims of crime while earning high marks from program
monitors and auditors; and
WHEREAS: The program's staff has a close rapport with and understanding of
the service area, and has done a highly effective job serving the entire
community, including the significant elderly, African American, Polish-speaking
and disabled populations; and
WHEREAS: With crime on the rise in Buffalo, particularly in the
neighborhoods served by NIC's program, it is imperative that this program be
continued in its present form; and
WHEREAS: For reasons that are vague and arbitrary at best, the New York
State Crime Victims Board has announced its intention to phase out the program
over the next three years, beginning with a one-third reduction effective July
1, 1992; and
WHEREAS: Coming at a time when the budget of the Crime Victims Board has
actually been increased, the decision to end a highly effective program located
in an area that is being ravaged by escalating crime is insensitive,
incomprehensible and ill-advised, and should be reconsidered;
NOW, THEREFORE BE IT RESOLVED:
That this Common Council strongly urges the New York State Crime Victims Board
to restore full funding to the Crime Victims Program at the Neighborhood
Information Center; and
BE IT FURTHER RESOLVED:
That the City Clerk forward certified copies of this resolution to the
Chairperson of the Crime Victims Board, Governor Cuomo, the Western New York
delegation to the New York State Legislature, the Secretary of the Senate and
the Clerk of the Assembly.
ADOPTED.
No. 238
BY: MR. FRANCZYK
Appoint Marlies Wesolowski to East
District School Board Vacancy
WHEREAS: Residents of the East District have been without representation
on the School Board for almost one year since Frank Jager left that position on
August 28, 1992, and this vacancy has jeopardized the representation of
residents concerns and problems; and
WHEREAS: Marlies Wesolowski was the winner of the May 5, 1992 election for the
East District, and Marlies Wesolowski has demonstrated commitment and for
quality education; and
WHEREAS: The residents of the East District deserve equal representation of the
School Board;
NOW THEREFORE BE IT RESOLVED THAT:
The Common Council request that the Mayor appoint Marlies Wesolowski to
fill the East District vacancy on the School Board, prior to her elected term
which begins on July 1, 1992.
ADOPTED.
No. 239
BY:MR. HIGGINS
Payment Of Certain Small Claims
WHEREAS, the Common Council, by Item No. 184, C.C.P., June 26,
1979, established a specific procedure for payment of claims of $100.00 or less
and Claims under Section 207 (a) and (c) of the General Municipal Law, which
pertain to medical bills of Policemen and Firemen in many amount; and
WHEREAS, the subject claims are eligible for consideration under the said
procedure; and
WHEREAS, the Department of Law has verified the validity of the claims
and recommend payment thereof;
NOW THEREFORE, BE IT RESOLVED:
That the Comptroller be, and hereby is authorized to make payment of the
following claims, and that said payment be charged against the "Judgment and
Claims Account" in the Department of Law:
1. Dennis Bartnik
Claim for loss of garbage can $6.00
2. Buffalo Hand Surgery, P.C.
Claim for services rendered to Firefighter JOHN
DELANEY JR. in a prior fiscal year. $52.13
3. Buffalo Hand Surgery, P.C.
Claim for services rendered to Firefighter EDWARD
LIPIARZ in a prior fiscal year. $52.12
4. City of Buffalo Claim for services
rendered to the Board of Parking
for excess xerox usage in a prior fiscal year $9.79
5. Gerald Klingler Claim for personal
property loss while performing his duties
in the Department of Street Sanitation. $ 35.00
6. Gerald Lewandowski
Claim for personal property that was damaged
while performing his duties as a Laborer
at the Police Garage. $64.99
7. Michael P. McKeating
Claim for reimbursement of "Petty Cash"
expenditures in the Division of Labor
Relations in a prior fiscal year. $ 61.55
8. Morgan Services, Inc.
Claim for services rendered to the Division of Water
in a prior fiscal year. $31.22
9. Robert J. Sumera
Claim for personal property damaged while
performing his duties in the
Department of Street Sanitation. $77.00
Investigation by the Department of Law reveals that the above claims are
valid and payment is hereby recommended.
PASSED.
AYES- 13 NOES- 0.
No. 240
BY: MR. PERLA
35th Annual Allentown Outdoor Art Show
WHEREAS:- The Allentown Village Society has requested permission
to conduct its Annual Allentown Outdoor Art Show on the weekend of June 13 and
14, 1992; and
NOW, THEREFORE, BE IT RESOLVED:
That the Allentown Village Society be and is hereby granted permission to
conduct its annual art show on the weekend of June 13 and 14 between the hours
of 11:00 am and 6:00 pm on said days within an event area bounded by Summer
Street on the north, Elmwood Avenue on the west, Tracy Street (extended
easterly) on the south, and Main Street on the east; and
BE IT FURTHER RESOLVED:
That exhibitors of arts and crafts work may be located within the said event
area on the following streets only: Delaware Avenue between North Street and
Tupper Street (east and west sides), Franklin Street between Allen Street and
Virginia Street (east and west sides), Allen Street from Elmwood Avenue to
Franklin Street (north and south sides), Virginia Street between Delaware
Avenue and Franklin Street (north and south sides). The Allentown Village
Society will provide each such exhibitor with suitable identification showing
each as an authorized participant in the art show; and
BE IT FURTHER RESOLVED:
That Delaware Avenue between North Street and Tupper Street, Franklin Street
between Allen Street and Virginia Street and Allen Street, from Elmwood Avenue
to Franklin Street shall be closed to vehicular traffic from 8:00 am until 7:30
pm on the dates of the show and the Buffalo Police Department may place
barriers for this purpose during those hours; and
BE IT FURTHER RESOLVED:
That this permission is granted subject to the following terms and conditions:
1) That no parking is to be allowed on the streets for exhibitors at said
times and said days and the Department of Public Works and the Police
Department are hereby directed to enforce this temporary ban on said streets
and on such other streets within the immediate area which the Police Department
may deem necessary for the safety of the public.
2) That the Allentown Village Society will issue permits to no more than 465
arts and crafts exhibitors excluding therefrom the exhibition or sale of
so-called "pseudo" art and exhibits of a strictly commercial nature
3) That the number of concession areas within the event area is limited as
follows: On Delaware Avenue in the block between North and Allen streets, in
the block between Allen and Virginia streets, and in the vicinity of Edward
Street, on Franklin between Virginia and Allen Streets. On Allen Street in the
vicinity of Franklin Street. The participants within these concession areas
shall be responsible concessionaires to be selected by the Allentown Village
Society which will provide them with identification showing that they are an
authorized participant in the event and the concession areas will be operated
jointly by those concessionaires and the Allentown Village Society. The
Allentown Village Society may also designate a single concessionaire employing
a reasonable number of persons to vend balloons in the event area. No other
concessionaires, vendors, or peddlers of any kind shall be permitted within the
event area during the hours of the art show. There shall be excluded from the
event area, all temporary inflatable devices used to advertise or direct
attention to a business, service, product or activity.
4) The Department of Inspections and Community Revitalization and the Police
Department are directed to enforce removal of all unauthorized participants.
5) The Allentown Village Society shall assume complete responsibility for
removing banners, decorations, barricades, stands, and equipment and any trash
or debris in the area resulting from the art show.
PASSED.
AYES- 13 NOES- 0.
No. 241
BY: MESSRS. PERLA AND PITTS
ORDINANCE AMENDMENT
CHAPTER 316 - PEDDLING AND SOLICITING
The Common Council of the City of Buffalo does hereby ordain as
follows:
That Section 316-6 of Chapter 316 of the Code of the City of Buffalo be
amended to read as follows:
316-6. Restricted areas.
A. No licensee shall be permitted to sell, peddle, hawk or cry out his
wares within the territory bounded on the west by Franklin Street, Upper
Terrace, Pearl Street, Pearl Street extended and Commercial Street, on the
south by the Buffalo River, on the east by Ellicott Street, Exchange Street
(from Ellicott Street to Washington Street), Washington Street and as extended
to the Buffalo River, and on the north by Tupper Street, including the streets
or parts of streets forming such boundaries; nor within the following
territory: that part of Clinton Street between Baitz Avenue and Roberts Street,
that part of Bailey Avenue from Seneca Street to Dingens Street, that part of
Hobart Street and Hubbard Street within five hundred (500) feet of Clinton
Street[.], and the area within that part bounded by School Street westerly to
the Niagara River shoreline, Prospect Avenue from School Street to Jersey
Street, Jersey Street from Prospect Avenue westerly to the Niagara River
shoreline, from this point northerly to the School Street Niagara River
shoreline point.
B. Upon written recommendation of the (Commissioner of Inspections and
Licenses] Director of Licenses and subject to such terms and conditions as the
Common Council may impose, the foregoing restrictions may be modified, altered,
changed or suspended for particular applications by resolution of the Common
Council.
APPROVED AS TO FORM
Lawrence K. Rubin
Corporation Counsel
NOTE: Matter in brackets [ ] to be deleted; matter underlined is new.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 242
BY: MR. ZUCHLEWSKI
RE: ORDINANCE AMENDMENT
CHAPTER 167 - ELEVATORS
The Common Council of the City of Buffalo does hereby ordain as
follows:
That 167-2 of Chapter 167 of the Code of the City of Buffalo be amended
to read as follows:
167-2. License required.
A. No person, firm or company shall erect, construct, alter, install,
service, repair, replace, [or] maintain, remove or dismantle any conveyance
contained within buildings or structures within the City of Buffalo or
structurally a part thereof unless an installer's license has been issued as
described herein or working under the direct day-to-day supervision of a
person, firm or company who is licensed pursuant to this chapter. A licensed
installer is not required for removing or dismantling dormant conveyances or
conveyances which are destroyed as a result of a complete demolition of a
secured building or structure whereby no access is permitted therein to
endanger the safety and welfare of a person.
APPROVED AS TO FORM
Lawrence K. Rubin
Corporation Counsel
NOTE: Matter in brackets [ ] to be deleted; matter underlined is new.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 243
BY: MR. ZUCHLEWSKI
RE: ORDINANCE AMENDMENT
CHAPTER 167 - ELEVATORS
The Common Council of the City of Buffalo does hereby ordain as
follows:
That subsection C of 167-15 of Chapter 167 of the Code of the City of
Buffalo be amended to read as follows:
167-15. Installation and annual inspection.
C. Display certificate of operation. Certificates of operation referenced
in Subsections A and B above are renewable annually except for certificates
issued for wheelchair lifts and inclined stairway chairlifts for private
residences which shall be valid for a period of three (3) years. [and]
Certificates of operation must be clearly displayed on each elevator or in the
elevator maintenance room for use for the benefit of city code enforcement
staff.
APPROVED AS TO FORM
Lawrence K. Rubin
Corporation Counsel
NOTE: Matter in brackets [ ] to be deleted; matter underlined is new.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 244
BY: MR. ZUCHLEWSKI
RE: ORDINANCE AMENDMENT
CHAPTER 167 OF CHAPTER 175 - FEES
The Common Council of the City of Buffalo does hereby ordain as
follows:
That Chapter 167 of Chapter 175 of the Code of the City of Buffalo be
amended to read as follows:
Chapter 167, Elevators
167-14B, Elevator construction permit
Construction permit $100.00
Each stop additional, except for
permits issued for wheelchair lifts
and inclined stairway chairlifts for
private residences $100.00
Material alterations $ 50.00
Each stop additional, except for permits
issued for wheelchair lifts and inclined
stairway chairlifts for private
residences $ 10.00
APPROVED AS TO FORM
Lawrence K. Rubin
Corporation Counsel
NOTE: Matter underlined is new.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 245
BY: MR. ZUCHLEWSKI
Amend Chapter 137, Section 7 Of The Code And Charter Of The City
Of Buffalo -Increase Fines For Bulk Trash Collection Exceeding Four (4) Cubic
Yards
WHEREAS: Paragraph 1, of Subsection (H) of Chapter 216, Section
15 of the Code of the City of Buffalo states that "Any excess (trash) over four
and zero tenths (4.0) cubic yards will not be collected. Any owner not
removing excess trash from in front of the property shall be subject to the
penalties in 137-7 herein."; and
WHEREAS: Chapter 137, section 137-7 imposes a fine of $20.00 for excessive
amounts of bulk trash exceeding the four (4) cubic yard limit; and
WHEREAS: The fine for violation of this ordinance is not severe enough to
dissuade people from placing too much trash at curbside; and
WHEREAS: Additionally, the fine seems to be too lenient with respect to the
manpower cost of removal of the trash and the cost of disposal; and
WHEREAS: Violators should be forced to pay a fine of two hundred fifty
dollars ($250) in addition to the cost of removal and disposal of excessive
bulk trash;
NOW, THEREFORE, BE IT RESOLVED:
That the Common Council request that the Corporation Counsel draft an amendment
to Chapter 137, section 137-7, "Schedule of fines and penalties," Class B, in
regard to excessive bulk trash increasing the fine to two hundred fifty dollars
($250) in addition to the cost of removal and disposal of the trash as
determined by the Department of Street Sanitation and the Department of Public
Works.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 246
BY: MR. ZUCHLEWSKI
Felicitations and/or In Memoriams
Attached hereto are Felicitations and/or In Memoriams sponsored
by members of the Common Council:
Felicitation for The Buffalo Bandits
By Councilmember Fahey
and the City Clerk is hereby directed to have the above resolutions framed at a
cost not to exceed Seven Dollars and Fifty Cents ($7.50) each.
ADOPTED.
No. 247
BY:MR. ZUCHLEWSKI
Appointments Commissioners of Deeds
Required for the Proper
Performance of Public Duties
That the following persons are hereby appointed as Commissioner
of Deeds for the term ending December 31, 1992, conditional upon the persons so
appointed certifying under oath to their qualifications and filing same with
the City Clerk:
Robert E. Hill
Paul D. Skinner
TOTAL: 2
ADOPTED.
No. 248
BY: MR. ZUCHLEWSKI
Appointments Commissioners of Deeds
That the following persons are hereby appointed as Commissioner
of Deeds for the term ending December 31, 1992, conditional upon the persons so
appointed certifying under oath to their qualifications and filing same with
the City Clerk:
David Downie
Robert Jenkins
Mahindra Maharaj
TOTAL: 3
ADOPTED.
No. 249
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 Tuesday, MAY 19, 1992 9:30 AM
FINANCE Tuesday, MAY 19, 1992
immediately Following Civil Service
LEGISLATION Tuesday, MAY 19, 1992 2:00 PM
ECONOMIC DEV. Tuesday, MAY 19, 1992, 1:00 PM
No. 250
Adjournment
On motion by Mr. Fahey, Seconded by Mr. Pitts, the Council adjourned
at 3:20 P.M.
Charles L. Michaux III
City Clerk
Meeting reported by Leonard G. Sciolino, Council and Committee Reporter.