HomeMy WebLinkAbout93-0427
No. 9
Common Council
Proceedings
of the
City of Buffalo
Regular Meeting, April 27, 1993
Pension Meeting, April 29, 1993
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. Pills - 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. Pills, Chairman,
George K. Arthur, Alfred T. Coppola, Eugene M. Fahey, Carl A. PerIa, Jr.
Members
CLAIMS COMMITTEE
: Brian Higgins, Chairman, Archie L. Amos, David Franczyk,
Rosemarie LoTempio, Dale Zuchlewski, Members
ECONOMIC DEVELOPMENT COMMITTEE:
Clifford Bell, Chairman, Archie L Amos, Jr.,
David Collins, David A. Franczyk. Alfred Coppola. James W. Pills, 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 Pills, 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. PerIa, 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. Pills, Chairman, Hon. Archie L. Amos,
Hon. Brian M. Higgins, Hon. Rosemarie LoTempio, Dale Zuchlewski.
PARKS DEPARTMENT OVERSIGHT COMMITTEE:
James W. Pills, 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.
CareIa, 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, April 27, 1993
at 2:00 P.M.
PRESENT- George K. Arthur, President of the Council, and Council
Members Amos, Bell, Collins, Coppola, Fahey, Franczyk, Higgins, LoTempio,
Perla, Pitts, and Zuchlewski- 12.
ABSENT- Councilmember Bakos- 1.
On a motion by Mr. Fahey, seconded by Mr. Pitts, the minutes of the stated
meeting held on April 13, 1993 were approved.
FROM THE MAYOR
No. 1
Reappointment of Member of Board of Heating Examiners
Pursuant to the powers vested in me by Section 238.17 of Article
Il of Chapter 238 of the Code of the City of Buffalo,
I hereby reappoint Fred D. Langdon, residing at 311 Downing Street,
Buffalo - 14220, as a member of the Board of Heating Examiners for a term
expiring April 30, 1996.
I hereby certify that Fred D. Langdon is fully qualified to serve as a
member of the Board of Heating Examiners.
RECEIVED AND FILED.
No. 2
Renewal of TCI Franchise
In light of the announcements of TCI and other entities involved
in Cable TV and related fields, it is crucial that the City of Buffalo receive
as much revenue as possible from a new cable TV franchise and other services
and providers, such as the telephone companies, who may offer video services
over existing TelCo lines.
Entertainment, informational video and data services as supplied from
other providers in a total package to subscribers by telephone companies or
other common carriers, should be considered outside their normal tariff
provisions and need to be addressed. Other carriers could also include
wireless TV, optic networks, etc. The City of Buffalo may want to pass
legislation now to cover future expansion of other common carriers before they
apply for tariff revisions.
The new franchise of TCI should have a separate percentage for cable TV
revenue and either have a percentage of other possible revenues or language for
it. Specifically, I am thinking of TCI announced plans for home shopping or
interactive video, where revenue for the city could include a percentage of
sales in addition to the subscriber percentages.
Cable TV should cover only entertainment services to subscribers. Other
enhancements such as data, banking and other future services should be
separated into other agreements or franchises, with separate revenue streams
into the city. Recently a company called Fibernet installed a fiber optic ring
around the downtown area. They have announced plans to sell out to Adelphia
Communications, owner of some suburban franchises. This can mean expansion of
the fiber optic network through the city limits to the suburbs and plans need
to be formulated to see what revenue streams are available to Buffalo. Any
increase of fiber optic networks means availability to "tap" into the network
for services outside the Cable TV franchise and need to be addressed as a
separate issue.
As word of future technology increases, the buzzwords are "it will
benefit the consumer." I doubt that costs will drop, but rather increase.
Tighter price controls need to be in place to really benefit consumers. Cable
systems are using the excuse that the FCC has made them increase their rates.
In reality, if a total network of cable subscribers cover the U.S. they will
have a captured audience for their sales promotions and the value of a
subscriber will jump immeasurable to the value of a cable system. Cliff
Preisigke, of this office, has done research on this and is available for
consultation with Your Honorable Body.
REFERRED TO THE SPECIAL COMMITTEE ON CATV.
FROM THE MAYOR - EXECUTIVE DEPARTMENT
FROM THE CITY PLANNING BOARD
No. 3
F. Militello - Request to Place A Sidewalk Cafe Which Encroaches The
Right-Of-Way At 1330 Niagara St.
Item No. 56, C.C.P., March 16, 1993
The City Planning Board at its regular meeting held Tuesday, April
20, 1993 considered the above request pursuant to Section 413-59 of the Buffalo
Code, Review of Sidewalk Cafes.
The applicant seeks to use a portion of the right-of-way to place two
picnic tables which will form an outdoor eating area. The area of the proposed
cafe will be 7 feet by 15 feet (7 feet encroaching the right-of-way).
The site is located in an M1 zone which permits such uses. Moreover,
since there is a 17 1/2 foot wide sidewalk a 7 foot wide cafe area would leave
10 1/2 feet of unobstructed sidewalk. The Department of Public Works has
recommended that your Honorable Body grant the applicant a mere license.
Lastly, under S.E.Q.R., the proposed cafe is considered a Type II action which
does not require further environmental review.
The Planning Board voted to approve the proposed cafe with the following
conditions:
1. that no music is allowed in the cafe area,
2. that no trash receptacles be placed in the cafe area, and
3. that the cafe be opened no later than 11:00 p.m. daily.
RECEIVED AND FILED.
No. 4
Department of Public Works - Request to Place An Awning In The Right-Of-Way Of
372 Amherst St. (corner Grant)
Item No. 42, C.C.P., April 13, 1993
The City Planning Board at its regular meeting held Tuesday, April
20, 1993 considered the above request pursuant to Section 413-56 of the Buffalo
Code, Review of Encroachments.
The applicant seeks to place a 4 foot high by 40 foot long awning/sign
which will encroach 2 feet into the right-of-way of Amherst and Grant Streets.
The site is located in a C2 zone which permits the use which the proposed
awning is accessory to. The Department of Public Works has recommended that
your Honorable Body grant the applicant a mere license for the encroachment.
Under S.E.Q.R., the proposed awning is considered a Type II action which does
not require further environmental review.
The City Planning Board voted to approve the awning encroachment.
RECEIVED AND FILED.
No. 5
1224-1226 Hertel Ave. - Application To Place A Sidewalk Cafe And Awning In The
Right-Of-Way
Item No. 43, C.C.P., April 13, 1993
The City Planning Board at its regular meeting held Tuesday, April
20, 1993 considered the above application pursuant to Sections 413-56, 413-59
and 511-55 of the Buffalo Code, Review of Awning Signs, Sidewalk Cafes and
Expansion of Eating and Drinking Places in the Hertel Special Zoning District.
The applicant seeks to replace a (7'x 15') sidewalk cafe with a new (10'x
30') raised wooden platform. The cafe will be covered with an awning. The cafe
will encroach the right-of-way by 10 feet and 12 1/2 feet of unobstructed
sidewalk remains.
The site is located in a C2 zone which permits such uses on the condition
that your Honorable Body grants a restricted use permit to the applicant.
Public Works has granted a mere license for the encroachment.
Under S.E.Q.R., the proposed cafe is considered an unlisted action which
can be studied through uncoordinated review.
The Planning Board voted to approve the cafe and encroachment on the
following conditions:
1. that no music is played in the cafe area
2. that no trash receptacles are allowed in the cafe area and
3. that the cafe be opened no later than 11:00 p.m. daily.
RECEIVED AND FILED.
No. 6
298 Main St. - Application To Place An Awning
In The Right-Of-Way
Item No. 44, C.C.P., April 13, 1993
The City Planning Board at its regular meeting held Tuesday, April
20, 1993 considered the above application pursuant to Section 413-56 of the
Buffalo Code, Review of Awnings.
The applicant seeks to place an illuminated 6-foot high by 5-foot long
awning sign which will encroach the right-of-way by 5 feet, on the Erie St.
entrance.
Public Works has granted a mere license for the awning encroachment.
Under S.E.Q.R., the proposed cafe is considered an unlisted action which
may be studied through uncoordinated review.
The Planning Board voted to approve the awning on the condition that the
applicant seeks Preservation Board approval.
RECEIVED AND FILED.
No. 7
3173-3175 Main St. -Application To Place Two Awning
Signs In The Right-Of-Way
Item No. 45, C.C.P., April 13, 1993
The City Planning Board at its regular meeting held Tuesday, April
20, 1993 considered the above application pursuant to Section 413-56 of the
Buffalo Code, Review of Awnings.
The applicant seeks to place two 15-foot long by 3-foot high awnings
which will encroach the right-of-way by 2 feet.
Public Works has granted a mere license for the encroachment.
Under S.E.Q.R., the proposed awnings are considered an unlisted action
which can be studied through uncoordinated review.
The Planning Board voted to approve the two awning signs.
RECEIVED AND FILED.
No. 8
Oriole Management Inc. - Request To Erect An Illuminated Pole Sign At 161
Elmwood Ave.
Item No. 95, C.C.P., February 16, 1993
The City Planning Board at its regular meeting held April 20,
1993 considered the above request pursuant to Sections 387-19 and 511-56 of the
Buffalo Code, Review of Pole Signs and the requirements of the E.B. zone.
The applicant sought to erect a 16 foot high, 36 square foot (6 feet by 6
by 6 feet), illuminated pole sign which would have been accessory to an
automobile rental operation.
The site is located in the E.B. District which prohibits such signs and
is also within the Allentown Preservation District. The applicant has been
granted a variance for the sign by the Zoning Board of Appeals (March 24, 1993,
Item No. 6) and a "Certificate of Exception" from the Buffalo Preservation
Board (November 4, 1992) which includes the proposed sign.
This notwithstanding, the Planning Board voted to deny the proposed signs
given the opposition to it expressed by area residents.
REFERRED TO THE COMMITTEE ON LEGISLATION.
FROM THE BOARD OF PARKING
No. 9
Amend Lease With B.C.A.R.
Item No. 14 C.C.P. 03/30/93
Attached please find the information requested by the Finance
Committee:
1. Financial Statement of B.C.A.R. for 1991 and 1992.
2. List of B.C.A.R. Employees and salaries paid.
3. Buffalo Financial Commission Report on Parking Enterprise Fund.
4. A detail of overall City debt for Parking.
5. History of B.C.A.R.
REFERRED TO THE COMMITTEE ON FINANCE.
FROM THE COMPTROLLER
No. 10
Certificate Of Necessity Capital Budget Amendment
Authorization For Additional Capital Indebtedness
We, James D. Griffin, Mayor and Joel A. Giambra, Comptroller do
hereby certify, pursuant to Section 359 of the Charter, that it is necessary to
authorize an increase in indebtedness for Capital Projects Program, provided by
the Common Council prior to July 1, 1992 for the ensuing fiscal year, by adding
the following item:
DATED: BUFFALO, NEW YORK, April 22, 1993
RECEIVED AND FILED.
No. 11
Certificate Of Necessity Capital Budget Amendment
Authorization For Additional Capital Indebtedness
We, James D. Griffin, Mayor and Joel A. Giambra, Comptroller do
hereby certify, pursuant to Section 359 of the Charter, that it is necessary to
authorize an increase in indebtedness for Capital Projects Program, provided by
the Common Council prior to July 1, 1992 for the ensuing fiscal year, by adding
the following item:
DATED: BUFFALO, NEW YORK, April 22, 1993
RECEIVED AND FILED.
No. 12
Certificate of Necessity Transfer of Funds
Capital Projects Fund
Budget and Management Division of Development
We, James D. Griffin, Mayor and Joel A. Giambra, Comptroller,
do hereby certify, pursuant to Section 42 of the Charter, that it is necessary
that the sum of $125,000 be transferred and reappropriated from the Capital
Projects Fund - Budget and Management - Planning for Capital Projects account,
as set forth below:
The amounts to be transferred are unexpended balances of items contained
in the budget for the current fiscal year and will not be needed at this time
for the purpose for which they were appropriated.
Dated: Buffalo, New York, April 22, 1993
RECEIVED AND FILED.
No. 13
Interfund Cash Loan-Capital Projects Fund
Over the last six years, the City has provided interfund loans
from the City General Fund to the City, Board and Enterprise Capital Projects
Funds to implement financing of the Capital Improvements Budget. The interfund
loans are repaid when the Bond Anticipation Notes or Bonds are issued to
finance these projects.
As of today, we have one request for money to finance various projects
and we will not reenter the bond market at this time.
We are requesting that you approve an interfund cash loan from the
General Fund to the Capital Projects Fund in the amount of $100,000 for the
construction of an extension to the Scajaquada pathway. The loan will be
repaid when Bond Anticipation Notes or Bonds are issued.
From To Account Repayment Date Total
100 Gen 200 Cap Proj 200-717-004 BAN/Bond Sale $100,000
Mr. Fahey moved:
That the communication from the Comptroller, dated April 19, 1993, be
received and filed; and
That the Comptroller be and he hereby, is authorized to make an interfund
cash loan from the City General Fund to the Capital Projects Fund in the amount
of $100,00 for the construction of an extension to the Scajaquada pathway. The
loan will be repaid when Bond Anticipation Notes or Bonds are issued.
PASSED.
AYES- 12 NOES- 0.
No. 14
New Lease Agreement Between the City of Buffalo and Rainbow Day Care Center
Item No. 101, C.C.P. 1/12/82
In the above referenced item, Your Honorable Body approved the
leasing of various rooms at former School #29, for a day care center, to
Rainbow Day Care Center. The lease was a three (3) year lease and has been
renewed four (4) times. The Common Council authorized a one (1) year renewal,
Item #135, C.C.P. 11/27/90. The renewal was to run from June 1st, 1990 to May
31, 1991.
Due to an oversight by the lessee the lease was never executed and
returned to the Division of Real Estate for filing. However, Rainbow Day Care
Center continued to make monthly rental payments and provide the required
insurance coverage.
Rainbow Day Care Center is now requesting to enter into a new three (3)
year lease with the City of Buffalo under the same terms and conditions as the
previous lease agreement.
In addition, they will furnish to the City of Buffalo a copy of a
insurance policy naming the City of Buffalo as the sole insured with limits
established per Item #197, C.C.P. 3/31/87, for liability and bodily injury.
Said policy shall be approved by the Corporation Counsel.
Also, Room 230, 231, 232 and 234 shall be added to the lease agreement
and the monthly lease amount shall be Seven Hundred and Fifty Dollars ($750).
I am recommending that Your Honorable Body approve the request of Rainbow
Day Care Center for a new three (3) year lease agreement and the additional
rooms in the amount of Seven Hundred and Fifty Dollars ($750).
I am further recommending that the Corporation Counsel prepare the lease
agreement and that the Mayor be authorized to execute the same.
Mr. Fahey moved:
That the communication from the Comptroller, dated April 21, 1993, be
received and filed; and
That the Comptroller be and hereby is authorized to renew the lease with
the Rainbow Day Care Center, for the use of various rooms at School 29, also
rooms #230, 231, 232 and 234 shall be added to the lease, for a three year
period, at $750 (Seven Hundred and Fifty Dollars) a month, with the lessee to
save the City harmless from any liability and to provide insurance therefore
That the Corporation Counsel prepare the lease agreement and that the Mayor be
authorized to execute the same.
PASSED.
AYES- 12 NOES- 0.
No. 15
Lease Renewal Option Between the City of Buffalo and S.M. Flickinger Company,
Inc.
Item No. 28, C.C.P. 4/4/92
Pursuant to Item No. 153, C.C.P. 10/4/83, Your Honorable Body
authorized the leasing of 416 Kenmore Avenue, 8' x 210' parcel, to S.M.
Flickinger Company, Inc. This lease agreement was for a five (5) year term
commencing October 1, 1983 to September 30th, 19933, with succeeding one (1)
year renewal options upon the same terms and conditions.
This office has received a request from Mr. William T. Bishop, President
of the Scrivner, Regional Office/Flickinger Group requesting to exercise their
option to renew said lease for an additional one (1) year period as stated in
provision 9 of their lease agreement. The lessee has fully satisfied provision
9 and has complied with all other provisions and terms of the lease.
The renewal should commence on October 1, 1993 and expire on September
30, 1993.
This Office recommends Your Honorable Body's authorization to allow S.M.
Flickinger Company, Inc. to exercise their option to renew for the property
known as 416 Kenmore Avenue and that the Mayor be authorized to execute such
lease renewal agreement upon its approval as to form by the Law Department.
This Office recommends acceptance of this lease.
Mr. Fahey moved:
That the communication from the Comptroller, dated April 12, 1993, be
received and filed; and
That the Comptroller be and hereby is authorized to renew the lease with
S.M. Flickinger Company, Inc. for the use of 416 Kenmore Avenue, 8' x 210'
parcel, for a one year period, to commence on October l, 1993 and expire on
September 30, 1994, the lessee to save the City harmless from any liability and
to provide insurance therefor. That the Mayor be authorized to execute such
lease renewal agreement upon its approval as to form by the Law Department.
PASSED.
AYES- 12 NOES- 0.
No. 16
Renew Lease Agreement Between the City of Buffalo
and Polish Community Center of Buffalo, Inc.
379 Paderewski Drive
Item No. 22, C.C.P. 2/16/88
Pursuant to Item No. 22, C.C.P. 2/16/88, Your Honorable Body approved
the leasing of 379 Paderewski to the Polish Community Center for a five year
period commencing March 1, 1988 through February 28, 1993.
This office has received a letter from Annette A. Juncewicz, Executive
Director of the Polish Community Center indicating that the Polish Community
Center would like to renew said lease agreement under the same conditions as
the original lease. However, the Polish Community Center is requesting that
the terms of lease be amended from three (3) successive terms of five (5) years
to a one year lease with an option to renew. This is due to the decreasing
number of funding sources available to the Polish Community Center for its
programs, they cannot guarantee the utilization of 379 Paderewski Drive past
February 28, 1994.
As a result the renewal should have a commencement date of March 1, 1993
and expire on February 28, 1994 with a one year option to renew.
Insurance is to be provided saving the City of Buffalo harmless from any
liability set forth in the amounts determined per Item #197, C.C.P. 3/31/87
and/or determined sufficient by our Law Department.
This Office recommends acceptance of this lease.
Mr. Fahey moved:
That the communication from the Comptroller, dated April 12, 1993, be
received and filed; and
That the Comptroller be and hereby is authorized to renew the lease with
the Polish Community Center for the use of 379 Paderewski Drive, for a one year
period, to commence on March l, 1993 and expire on February 28, 1994, the
lessee to save the City harmless from any liability and to provide insurance
therefor as set forth in Item No. 197, C.C.P., 3/31/87. That the Mayor be
authorized to execute such lease renewal agreement upon its approval as to form
by the Law Department.
PASSED.
AYES- 12 NOES- 0.
No. 17
Renew Lease Agreement Between the City of Buffalo and Council of Senior Citizen
Clubs of Buffalo and Erie County - Room 221 City Hall
Item No. 15, C.C.P. 02/27/90
Pursuant to Item No. 15, C.C.P. 2/27/90, Your Honorable Body approved
the renewal of the above captioned lease. The lease expired on March 31, 1991
with an option to renew for a one year period.
This office did not receive notice from the Council of Senior Citizen
Clubs of Buffalo and Erie County requesting to renew their lease agreement
until April 7, 1993. However, the Council of Senior Citizen Clubs of Buffalo
and Erie County have continued to utilize Room 221 in City Hall and maintain
proper insurance coverage.
Insurance is to be provided saving the City of Buffalo harmless from any
liability set forth in the amounts determined per Item No. 197, C.C.P. 3/31/87
and/or limits to be determined sufficient by our Law Department.
Based on the above information, I am recommending that your Honorable
Body approve the renewal of the previous lease agreement between Council of
Senior Citizens Clubs of Buffalo and Erie County for the period of April 1st
1993 through March 30, 1994 and that the Mayor be authorized to execute the
same.
Mr. Fahey moved:
That the communication from the Comptroller, dated April 16, 1993, be
received and filed; and
That the Comptroller be and hereby is authorized to renew the lease with
the Council of Senior Citizen Clubs of Buffalo and Erie County for the use of
Room 221 City Hall for a one year period, to commence on April l, 1993 and
expire on March 30, 1994, the lessee to save the City harmless from any
liability and to provide insurance therefor as set forth per Item No. 197,
C.C.P., March 31, 1987 and/or limits to be determined sufficient by the Law
Department.
PASSED.
AYES- 12 NOES- 0.
No. 18
Amend Insurance Requirements in Lease Agreement Between the City of Buffalo and
Girl Scout Council of Buffalo and Erie County, Inc.
Item No. 8, C.C.P. 12/10/91
Pursuant to Item No. 8, C.C.P. 12/10/91, Your Honorable Body approved
the renewal of the above captioned lease.
After discussion with the Law Department, it has been revealed that on
Page 4, Paragraph 6 there was an error made when preparing the lease agreement.
The lease reads "The City shall be named insured on said policy. . .",
however, the Law Department has informed my office that the lease should read
"The City shall be named additional insured on said policy. .
I am, therefore, requesting Your Honorable Body to authorize the
Corporation Counsel to prepare an amended lease agreement naming the City as an
additional insured instead of named insured. All other terms and conditions of
the existing lease shall remain in effect.
Mr. Fahey moved:
That the communication from the Comptroller dated April 19, 1993, be
received and filed; and
That the Corporation Counsel is hereby authorized to prepare an amended
lease agreement between the City of Buffalo and Girl Scout Council of Buffalo
and Erie County, Inc., naming the City as additional insured in paragraph 6
page 4 instead of named insured.
PASSED.
AYES- 13 NOES- 0.
No. 19
Permission to Negotiate
865 South Park, SW
38' E Bolton
Vacant Lot Size: 36' x 140'
Assessed Valuation: $2,700
The Office of the Comptroller, Division of Real Estate, has received
a request from Nancy Beagle of 41 Bolton Place, Buffalo, New York 14210 to
purchase the above captioned property.
Ms. Beagles' property at 41 Bolton Place adjoins 865 South Park on the
Northeast side of her property. She would like to purchase this property to
maintain and use for gardening and recreation.
The Department of Community Development and the Department of Inspections
& Community Revitalization were contacted and they have no objection to this
sale. The Tax and Demolition Lien Offices were also contacted and there are no
outstanding 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.
Mr. Fahey moved:
That the communication from the Comptroller dated April 16, 1993, be
received and filed; and
That the Comptroller be, and he hereby is authorized to negotiate with
Nancy Beagel, residing at 41 Bolton Place, for the private sale of 865 South
Park and report to this Honorable Body the results of such negotiations.
ADOPTED.
No. 20
Permission to Negotiate
38 Timon, W 350' N High
Vacant Lot Size: 30' x 123'
Assessed Valuation: $1,500
The Office of the Comptroller, Division of Real Estate, has received
a request from Henry L. Rankin, Sr. of 34 Timon Street, Buffalo, New York
14210-1301 to purchase the above captioned property.
Mr. Rankin would like to purchase this property for beautification and
gardening purposes. He owns 34 and 36 Timon Street.
The Department of Community Development and the Department of inspections
& Community Revitalization were contacted and they have no objection to this
sale. The Tax and Demolition Lien Offices were also contacted and there are no
outstanding 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.
Mr. Fahey moved:
That the communication from the Comptroller dated April 16, 1993, be
received and filed; and
That the Comptroller be, and he hereby is authorized to negotiate with
Henry L. Rankin, Sr., residing at 34 Timon Street, for the private sale of 38
Timon and report to this Honorable Body the results of such negotiations.
ADOPTED.
No. 21
Results of Negotiations
57 Lemon, E 504' N Cherry
Vacant Lot: 25' x 100'
Assessed Valuation: $1,000
Item No. 14, C.C.P. 11/24/92
In the above referenced Item Your Honorable Body authorized this
Office, through the Division of Real Estate, to negotiate a private sale with
Mr. & Mrs. David Brown, 55 Lemon Street, Buffalo, New York 14204 to purchase
the above captioned property. Mr. & Mrs. Brown would like to purchase 57 Lemon
for extra yard space.
An independent appraisal of the property was conducted by Mr. Dennis G.
Krysztofowicz, Jones Real Estate, 2343 Bailey Avenue, Buffalo, New York 14211.
He has estimated the fair market value of the property to be Five Hundred
Dollars ($500). This represents about Twenty Cents (.20) a square foot. The
Division of Real Estate has investigated the sales of similar properties in the
area. Sale prices range from Thirteen Cents (.13) a square foot to
Seventy-Seven Cents (.77) a square foot with an average sale price of
approximately Forty-Two Cents (.42) a square foot.
The results of our negotiations are that Mr. & Mrs. David Brown have
agreed and are prepared to pay One Thousand Dollars ($1,000) for the subject
property. They have also agreed to pay for the cost of the appraisal, transfer
tax, recording fees and cost of the legal description.
Therefore, I am recommending that Your Honorable Body approve the sale of
57 Lemon Street to Mr. & Mrs. Brown in the amount of One Thousand Dollars
($1,000). I am further recommending that Your Honorable Body authorize the
Corporation Counsel to prepare the necessary closing documents and that the
Mayor be authorize to execute the same.
Mr. Fahey moved:
That the communication from the Comptroller, dated April 15, 1993, be
received and filed; and
That the offer of Mr. & Mrs. David Brown, 55 Lemon Street, in the sum of
$1,000.00 (One Thousand Dollars) to purchase the property described as 57 Lemon
Street, be and hereby is accepted; and
That the appraisal requested by the City of Buffalo will be paid by the
purchaser; and
That the transfer tax, recording fees and cost of legal description will
be paid by the purchaser; and
That the Mayor be authorized to execute a deed and sign the necessary
documents for the transfer of title, and the Comptroller be authorized to
deliver the same, in accordance with the terms of sale upon which the bid was
submitted.
PASSED.
AYES- 12 NOES- 0.
No. 22
Results of Negotiations
27 Spring, E 36.27' N Myrtle
Vacant Lot: 27' x 59'
Assessed Valuation: $1,100
Item No. 15, C.C.P. 11/24/92
In the above referenced Item Your Honorable Body authorized the
Office of the Comptroller, Division of Real Estate, to negotiate a private sale
with New Era Cap Co., Inc., to purchase the above City-owned property. They
intend to purchase and improve this property as parking for their employees.
An independent appraisal of the property was conducted by Mr. Howard P.
Schultz, Appraiser, 288 Linwood Avenue, Buffalo, New York 14209. He has
estimated the fair market value of the property to be Two Hundred and Fifty
Dollars ($250). This represents about Sixteen Cents (.16) a square foot for
the subject property. The Division of Real Estate has investigated the sales
of similar properties and concurs with the appraisers estimate of value. The
property has limited depth and, therefore, its utility is greatly diminished
resulting in very low value.
The results of our negotiations are that New Era Cap Co., Inc. has agreed
and is prepared to pay Two Hundred and Fifty Dollars ($250) for the property.
They have also agreed to pay for the cost of the appraisal, transfer tax,
recording fees and cost of the legal description.
Therefore, I am recommending that Your Honorable Body approve the sale of
27 Spring Street to New Era Cap Co., Inc. in the amount of Two Hundred and
Fifty Dollars ($250). I am further recommending that Your Honorable Body
authorize the Corporation Counsel to prepare the necessary closing documents
and that the Mayor be authorize to execute the same.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 23
Results - Abandonment and Sale Ohio Street Inlet, Approximately .61 Acres
Item No. 34, C.C.P. 9/1/92
In the above referenced Item Your Honorable Body authorized this
office to negotiate the abandonment and sale of the above property with Mr.
Carl Paladino and Mr. Louis Magnano. They own the adjoining property and
intend to develop both properties into a marina and boat storage facility.
They have petitioned Supreme Court for the appointment of appraisers to
establish the value of the City of Buffalo's interest in the property. The
first appraiser, Mr. Richard Bronstein, has estimated the fair market value of
the property to be Fifteen Thousand Dollars ($15,000). The second appraisal
was conducted by Mr. Howard P. Schultz. He has estimated the fair market value
of the property to be Seventeen Thousand Dollars ($17,000). The report of the
appraisers was filed with the Erie County Clerk's Office, 4/14/93, setting
forth the value of the City's interest in the property at Sixteen Thousand
Dollars ($16,000).
As stated in my previous communication, Item #34, C.C.P. 9/1/92,
conditions were recommended as follows:
1. That an easement be granted to the Buffalo Sewer Authority for
maintenance and possible repairs to existing facilities.
2. Access to the outfall pipe should be maintained and that no permanent
structure will be build over said outfall pipe.
3. That the 25' setback requirement be incorporated in the development
proposal for public access.
I am recommending that Your Honorable Body approve the final abandonment
and sale of the property to Mr. Carl Paladino and Mr. Louis Magnano with the
above stated conditions, in the amount of Sixteen Thousand Dollars ($16,000).
I am further recommending that the Corporation Counsel prepare the
necessary closing documents and that the Mayor be authorized to execute the
same.
Mr. Fahey moved:
That the communication from the Comptroller, dated April 21, 1993, be
received and filed; and
That the offer of Mr. Carl Paladino and Mr. Louis Magnano, in the sum of
$16,000.00 (Sixteen Thousand Dollars) to purchase the property described as
Ohio Street Inlet be and hereby is accepted and the abandonment and sale of
said property be and hereby is approved with the following conditions:
1. That an easement be granted to the Buffalo Sewer Authority for
maintenance and possible repairs to existing facilities.
2. Access to the outfall pipe should be maintained and that no permanent
structure will be build over said outfall pipe.
3. That the 25' setback requirement be incorporated in the development
proposal for public access.
That the appraisals will be paid by the purchaser; and
That the transfer tax, recording fees and cost of legal description will
be paid by the purchaser; and
That the Mayor be authorized to execute a deed and sign the necessary
documents for the transfer of title, and the Comptroller be authorized to
deliver the same, in accordance with the terms of sale upon which the bid was
submitted. That the Corporation Counsel prepare the necessary closing
documents.
PASSED.
AYES- 12 NOES- 0.
FROM THE COMMISSIONER OF ASSESSMENT
No. 24
Lease Agreement
Penn Advertising Billboards
Item No. 22, C.C.P. 04-13-93
I have reviewed Penn Advertising Inc.'s list of sign locations
on city-owned properties. This list should be revised by Penn Advertising Inc.
to follow a format that includes not only the locations of the signs but also
the number of signs, their size and type at each location.
I have enclosed a copy of a format that has been used in the past by Penn
Advertising Inc. which describes their signs' size, location, number of signs,
and type at each location.
It would be most helpful to this department if the above described format
is followed by Penn Advertising.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 25
Atkin Construction - Mineral Springs Trails
Item No. 87, C.C.P. 03-30-93
This department is not aware or any partial tax abatement that
the City of Buffalo could grant under the New York State Real Property Tax Law
to potential home purchasers in the proposed "Mineral Springs Trails"
development as said development is described in Mr. Atkin's letter of March 24,
1993 filed with Your Honorable Body.
Mr. Atkin's letter of March 24, 1993 correctly states that a residential
(homestead) tax rate of $28 per $1000 of assessed valuation would generate
$2800 in new taxes on a $100,000 home in the City of Buffalo. He further
states that if 50% of the $2800 in new taxes or $1400 were abated by the City,
the $1400 could be used to increase mortgage eligibility by an amount of
$18,000. Therefore, this $1400 abatement or savings would make a great deal of
difference in qualifying potential purchasers for mortgages.
It appears that Mr. Atkin's request for a tax abatement could not legally
be accomplished as he describes in his letter. However, since the City of
Buffalo has completed its 1993-94 Assessment Update, the Homestead Tax Base has
increased from $2,152,037,491 to approximately $4,250,613,156 which results in
a reduction in the City's tax rate from $28.35 to approximately $14.22 or a 50%
+/- reduction.
A tax rate of approximately $14.22 nearly accomplishes the tax savings
that Mr. Atkin's was seeking in his letter. So, if during this year's budget
process the $14.22 Homestead Tax Rate is not substantially increased, then
perhaps Mr. Atkin's goals can be achieved in the real property tax area for
this development.
I will send Mr. Atkin a copy of this response. He may find it helpful.
REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT.
FROM THE COMMISSIONER OF PUBLIC WORKS
No. 26
Monthly Report of Licenses Issued in March 1993.
I am respectfully submitting the enclosed report of licenses issued
in the month of March 1993 by the Division of License.
RECEIVED AND FILED.
No. 27
Notification Serial #8287
Stops on Purdy Street at Glenwood Avenue
Stop
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 Section II Subdivision 9 of Chapter 479 of Ordinances
Stop
of the City of Buffalo be supplemented by adding thereto the following:
Intersections
Shall Stop Before Entering
Vehicles on Intersection of
Purdy Street Glenwood Avenue
northwest and southeast
corners
Notification Serial #8288
Niagara Street between Hampshire and Tonawanda Streets
No Standing
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 22 of Section 15 of Chapter 479 of the
Ordinances of the City of Buffalo be supplemented by Repealing thereto the
No Standing
following:
Prohibited Portion of Highway Prohibited Period Daily
Niagara Street, east side 6AM - 9AM and 3PM - 6PM
between Hampshire & Tonawanda
Streets, excluding No Parking and
No Standing areas
This is necessary in order to restrict parking to allow for heavier
traffic volumes travelling north during the reconstruction of the 1-190. To be
repealed when construction is complete.
Notification Serial #8289
One Way - Cottage
ONE WAY STREET DIRECTION
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 (45) days after
the first Council meeting at which they appear on the agenda as an item
business.
That that part of Section 22 of Chapter 479 of Ordinances of the City of
Buffalo be supplemented by ADDING thereto the following:
ONE WAY STREET DIRECTION
NAME OF STREET DIRECTION OF TRAFFIC MOVEMENT
Cottage Street southeasterly
from Maryland to Virginia Sts.
Notification Serial #8290
Repeal Stop - Cottage @ Maryland
Stop - Repeal
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 Section II Subdivision 9 of Chapter 479 of Ordinances
Stop
of the City of Buffalo be supplemented by repealing thereto the following:
Intersections
Shall Stop Before Entering
Vehicles on the intersection at
Cottage Street Maryland Street
Notification Serial #8291
Stop - Cottage @ College
Stop
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 Section II Subdivision 9 of Chapter 479 of Ordinances
Stop
of the City of Buffalo be supplemented by adding thereto the following:
Intersections
Vehicles on Shall Stop Before Entering
Cottage Street College Street
Notification Serial #8292
Stop - Arlington Place @ Arlington
Place entrance, South Drive
Stop
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 Section II Subdivision 9 of Chapter 479 of Ordinances
Stop
of the City of Buffalo be supplemented by adding thereto the following:
Intersections
Vehicles on Shall Stop Before Entering
Arlington Place Entrance to Arlington Place
southwest corner south drive
Notification Serial #8293
No Standing Any Time, Arlington Place
No Standing Any Time
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 20 of Section 15 of Chapter 479 of the
Ordinances of the City of Buffalo be supplemented by Repealing thereto the
No Standing Any Time
following:
Public Highway Prohibited Portion of Highway
Arlington Place, North Drive between Arlington Place
south side and College Street
Notification Serial #8294
No Standing Any Time
Arlington Place - South Drive
No Standing Any Time
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 20 of Section 15 of Chapter 479 of the
Ordinances of the City of Buffalo be supplemented by Repealing thereto the
No Standing Any Time
following:
Public Highway Prohibited Portion of Highway
Arlington Place, South Drive between Arlington Place
north side and College Street
RECEIVED AND FILED.
No. 28
Permission to Engage Consulting Engineer
Rehabilitation of Cone Valves and Valve Operators - Massachusetts Pumping
Station
It is hereby requested that Your Honorable Body authorize the
Commissioner of Public Works to engage the services of a Consulting Engineer to
prepare plans and specifications and advertise for bids to Rehabilitate six (6)
30" and two (2) 24" cone valves and valve operators at the Massachusetts
Pumping Station.
The existing cone valves have been in operation since 1958 when the
Massachusetts Pumping Station was constructed. The valves on the upper level
have not been operated in a number of years and due to inactivity may not be
operable at this time. The pump discharge valves, on the other hand, have been
used more recently. It has been observed by Division of Water personnel that
the valves leak when closed. In addition, the actuators and their associated
parts are no longer available. This would mean that in the event of an
actuator failure the valve would be taken out of service.
Funds to engage the services of an engineering firm are available in the
Division of Water's 416-982-012-00-000 account.
Mr. Fahey moved:
That the communication from the Department of Public Works, dated April
21, 1993, be received and filed; and
That the Commissioner of Public Works be, and he hereby is authorized to
engage a consultant engineer to prepare reports, plans and specifications and
to advertise for bids for Rehabilitation of Cone Valves and Valve Operators at
the Massachusetts Pumping Station with said cost to be charged to Division of
Water's 416-982-012-00-000 account.
ADOPTED.
No. 29
Permission to Engage Consulting Engineer Vacuum Conversion of Voltage Air
Circuit Breakers and Replacement of Synchronous Motor Control Units -
Massachusetts Station
It is hereby requested that Your Honorable Body authorize the
Commissioner of Public Works to engage the services of a Consulting Engineer to
prepare plans and specifications and advertise for bids for Vacuum Conversion
of fifteen (15) Federal Pacific Medium Voltage Air Circuit Breakers and
Replacement of four (4) Synchronous Motor Control units and four (4)
Temperature Sensing Control panels at the Massachusetts Pumping Station.
Even though the City's electrical preventative program has kept the
equipment in good operating condition for nearly 35 years, the time has come to
replace this equipment.
The existing Federal Pacific switchgear is no longer manufactured.
Acceptable retrofitting is being performed by one switchgear supplier. However,
it requires extensive on-site modifications, such that new full unit
replacement may be more cost effective. Retrofitting is not available from
another manufacturer the Division of Water contacted. New replacement units
are available from both manufacturers which can be installed in place of the
existing sections and within the same space. The full voltage and reduced
voltage motor starters for the synchronous motor are also available in new
configurations. The motor/pump temperature control panels will be replaced.
Funds to engage the services of an engineering firm are available in the
Division of Water's 416-982-012-00-000 account.
Mr. Fahey moved:
That the communication from the Department of Public Works, dated April
21, 1993, be received and filed; and
That the Commissioner of Public Works be, and he hereby is authorized to
engage a consultant engineer to prepare reports, plans and specifications and
to advertise for bids for Vacuum Conversion of Medium Voltage Air Circuit
Breakers and Replacement of Synchronous Motor Control Units and temperature
Sensing Control Panels at the Massachusetts Pumping Station with said cost to
be charged to Division of Water's 416-982-012-00-000 account.
ADOPTED.
No. 30
Permission to Engage Consulting Engineer
Water Metering Program Feasibility Study
It is hereby respectfully requested that Your Honorable Body authorize
the Commissioner of Public Works to engage the services of a Consulting
Engineer to prepare plans and specifications and advertise for bids for a Water
Metering Program Feasibility Study.
The City of Buffalo, Division of Water, maintains a water billing system
which consists of both unmetered and meters accounts. Currently, approximately
75% of the non-commercial accounts are unmetered and billed on a system adopted
throughout the years based on water using fixtures, outside facilities, etc.
Previously, accounts were modified to metered accounts upon request and the
homeowner paid at least a portion of the costs.
The establishment of the new Water Authority for the City increased the
need and desire to convert all noncommercial accounts to metering. The
proposed study will evaluate the most appropriate technology for metering in
the City based upon a number of factors including demographics, cost of meters
and installation, cost of reading and- billing, weather conditions and
personnel.
There are many purposes for converting water systems to metering,
including proper allocation of costs, fairness to customers, water
accountability and, in some cases, water conservation. With the changes
experienced in the City of Buffalo in- recent years, the development of a fair
and equitable system of water metering and billing for water use is essential
to the long term success of the water system. The establishment of a rate
structure which properly and fairly distributes costs to the customers while
providing sufficient income to make the required improvements is critical.
Funds to engage the services of an engineering firm will be available in
the Division of Water's 410-980-022-00-573 account.
Mr. Fahey moved:
That the communication from the Department of Public Works, dated April
19, 1993, be received and filed; and
That the Commissioner of Public Works be, and he hereby is authorized to
engage a consultant engineer to prepare reports, plans and specifications and
to advertise for bids for a Water Metering Program Feasibility Study with said
cost to be charged to Division of Water's 416-980-022-00-573 account.
ADOPTED.
No. 31
Permission to Engage Consulting Engineer Cleaning and Lining Watermains -
Cleveland, Auburn, Lancaster, Lafayette, St. James, Delavan, Cleveland,
Melbourne
It is hereby respectfully requested that Your Honorable Body authorize
the Commissioner of Public Works to engage the services of a Consulting
Engineer to prepare plans and specifications and advertise for bids to clean
and cement mortar line approximately 13,250 l.f. of existing cast iron mains
from Delaware Avenue to Elmwood Avenue in the following streets:
Approximately 2,150 l.f. of 6 inch main in Cleveland Avenue
Approximately 2,200 l.f. of 6 inch main in Auburn Avenue
Approximately 2,300 l.f. of 6 inch main in Lancaster St.
Approximately 2,100 l.f. of 12 inch main in Lafayette Ave.
Approximately 2,000 l.f. of 6 inch main in St. James
Approximately 1,800 l.f. of 6 inch main in Delavan Ave.
Approximately 350 l.f. of 6 inch main in Cleveland Pl.
Approximately 350 l.f. of 6 inch main in Melbourne Pl.
These watermains were constructed in 1886, 1888, 1891 and 1893 and are
badly tuberculated and have many valves which are inoperable.
This project will include the installation of new line valves and fire
hydrants.
Funds to engage the services of an engineering firm are available in the
Division of Water's 416-982-013-00-00 account.
Mr. Fahey moved:
That the communication from the Department of Public Works, dated April
19, 1993, be received and filed; and
That the Commissioner of Public Works be, and he hereby is authorized to
engage a consultant engineer to prepare reports, plans and specifications and
to advertise for bids for Cleaning and Lining Watermains - Cleveland, Auburn,
Lancaster, Lafayette, St. James, Delavan, Cleveland and Melbourne with said
cost to be charged to Division of Water's 416-982-013-00-00 account.
ADOPTED.
No. 32
Permission to Engage Consulting Engineer Clean and Line Watermains in College
St., Elmwood Ave., Park St., Irving Pl. and DeRutte Alley
It is hereby respectfully requested that Your Honorable Body authorize
the Commissioner of Public Works to engage the services of a Consulting
Engineer to prepare plans and specifications and advertise for bids to clean
and cement mortar line approximately 2,000 l.f. of 6 inch main in College
Street from Virginia to North Street; approximately 2,000 l.f. of 6 inch main
in Elmwood Avenue from Virginia to North Street; approximately 2,000 l.f. of 6
inch main in Park Street from Virginia to North Street; approximately 1,000
l.f. of 6 inch main in Irving Place from Allen Street to North Street; and
approximately 500 l.f. of 8 inch main in DeRutte Alley from Virginia northerly.
This project will include the installation of new valves, fire hydrants, taps,
and replacement of all lead and iron water service lines if required.
These watermains were constructed in 1871, 1881, 1902 are badly
tuberculated and have many valves which are inoperable.
Funds to engage the services of an engineering firm are available in the
Division of Water's 416-982-014-00-00 account.
Mr. Fahey moved:
That the communication from the Department of Public Works, dated April
19, 1993, be received and filed; and
That the Commissioner of Public Works be, and he hereby is authorized to
engage a consultant engineer to prepare reports, plans and specifications and
to advertise for bids for Cleaning and Lining Watermains in College Street,
Elmwood Avenue, Park Street, Irving Place and DeRutte Alley with said cost to
be charged to Division of Water's 416-982-014-00-00 account.
ADOPTED.
No. 33
Permission to Engage Consulting Engineer Clean and Line Watermains in Porter
Ave., Jersey Street
It is hereby respectfully requested that Your Honorable Body authorize
the Commissioner of Public Works to engage the services of a Consulting
Engineer to prepare plans and specifications and advertise for bids to clean
and cement mortar line approximately 2,800 l.f. of 60 inch main in Porter
Avenue from the Pumping Station to Prospect Avenue; approximately 1,700 l.f.
of 60 inch main from the Pumping Station to Busti Avenue; approximately 1,900
l.f. of 48 inch main in Porter Avenue from Busti Avenue to West Avenue;
approximately 1,200 l.f. of 60 inch main in Jersey Street from the Pumping
Station to Trenton Avenue and approximately 3,000 l.f. of 48 inch main from
Trenton to Porter Avenue. This project will include the installation of three
60 inch valves and six 48 inch valves.
These watermains were constructed in 1914 and are badly tuberculated and
have many valves which are inoperable.
Funds to engage the services of an engineering firm are available in the
Division of Water's 416-982-008-00-00 account.
Mr. Fahey moved:
That the communication from the Department of Public Works, dated April
19, 1993, be received and filed; and
That the Commissioner of Public Works be, and he hereby is authorized to
engage a consultant engineer to prepare reports, plans and specifications and
to advertise for bids for Clean and Line Watermains in Porter Avenue, Jersey
Street, with said cost to be charged to Division of Water's 416-982-008-00-00
account.
ADOPTED.
No. 34
Permission to Engage Consulting Engineer
New Watermain in Amherst Street and Linden Avenue
It is respectfully requested that your Honorable Body authorize
the Commissioner of Public Works to engage the services of a Consulting
Engineer to prepare plans and specifications and advertise for bids to replace
approximately 3,200 l.f. of existing 12 inch main in Amherst Street with new 12
inch ductile iron main from Delaware Avenue to Colvin Avenue and replace
approximately 4,700 l.f. of existing 6 inch main in Linden with new 8 inch
ductile iron main from Delaware Avenue to Parkside Avenue.
The existing watermains were built in 1893 and 1916 and are in very bad
condition. Many of the existing valves do not operate. New valves, fire
hydrants and taps will be installed.
Funds to engage the services of an engineering firm are available in the
Division of Water's 416-982-003-00-00 account.
Mr. Fahey moved:
That the communication from the Department of Public Works, dated April
19, 1993, be received and filed; and
That the Commissioner of Public Works be, and he hereby is authorized to
engage a consultant engineer to prepare reports, plans and specifications and
to advertise for bids for New Watermain in Amherst Street and Linden Avenue,
with said cost to be charged to Division of Water's 416-982-003-00-00 account.
ADOPTED.
No. 35
Permission to Engage Consulting Engineer New Watermains in Germain St., Peter
St., Howell St. and Bush Street
It is respectfully requested that your Honorable Body authorize
the Commissioner of Public Works to engage the services of a Consulting
Engineer to prepare plans and specifications and advertise for bids to replace
approximately 1,500 l.f. of existing 6 inch cast iron main in Germain Street
from (wrote to Amherst; 1,400 l.f. of existing 6 inch main in Peter Street from
wrote to Amherst; 1,200 l.f. of existing 6 inch main in Howell Street from
Grote to Amherst and 1,100 l.f. of existing 6 inch main in Bush Street from
Grote to Amherst with new 8 inch cement lined ductile iron pipes.
The existing watermains were built in 1890, 1892 and 1893 and are in very
bad condition. Many of the existing valves do not operate. New valves, fire
hydrants and taps will be installed.
Funds to engage the services of an engineering firm are available in the
Division of Water's 416-982-005-00-00 account.
Mr. Fahey moved:
That the communication from the Department of Public Works, dated April
19, 1993, be received and filed; and
That the Commissioner of Public Works be, and he hereby is authorized to
engage a consultant engineer to prepare reports, plans and specifications and
to advertise for bids for New Watermains in Germain Street, Peter Street,
Howell Street and Bush Street, with said cost to be charged to Division of
Water's 416-982-005-00-00 account.
ADOPTED.
No. 36
Permission to Engage Consulting Engineer
New Watermain at the High Street Bridge
It is respectfully requested that your Honorable Body authorize
the Commissioner of Public Works to engage the services of a Consulting
Engineer to prepare plans and specifications and advertise for bids to replace
approximately 250 l.f. of 6 inch steel pipe and casing with new 8 inch steel
pipe and casing at the High Street Bridge from Johnson Street approximately 250
ft. westerly including two controlling valves.
The existing watermain was built in 1964 and is in very bad condition.
Many of the existing valves do not operate. New valves, fire hydrants and taps
will be installed.
Funds to engage the services of an engineering firm are available in the
Division of Water's 416-982-006-00-00 account.
Mr. Fahey moved:
That the communication from the Department of Public Works, dated April
19, 1993, be received and filed; and
That the Commissioner of Public Works be, and he hereby is authorized to
engage a consultant engineer to prepare reports, plans and specifications and
to advertise for bids for New Watermain at High Street Bridge, with said cost
to be charged to Division of Water's 416-982-006-00-00 account.
ADOPTED.
No. 37
Permission to Engage Consulting Engineer New Watermain in Lovering Avenue and
Delham Street
It is respectfully requested that your Honorable Body authorize
the Commissioner of Public Works to engage the services of a Consulting
Engineer to prepare plans and specifications and advertise for bids to replace
approximately 2,400 l.f. of 6 inch main in Lovering Avenue from Hertel Avenue
to Taunton Street with new 8 inch ductile iron pipe; and replace approximately
2,200 l.f. of 6 inch main in Delham Street from Delaware Avenue to Edge Park
with a new 8 inch ductile iron.
The existing watermains were built in 1915 and 1923 and are in very bad
condition. Many of the existing valves do not operate. New valves, fire
hydrants and taps will be installed.
Funds to engage the services of an engineering firm are available in the
Division of Water's 416-982-003-00-00 account.
Mr. Fahey moved:
That the communication from the Department of Public Works, dated April
19, 1993, be received and filed; and
That the Commissioner of Public Works be, and he hereby is authorized to
engage a consultant engineer to prepare reports, plans and specifications and
to advertise for bids for New Watermains in Lovering Avenue and Delham Street,
with said cost to be charged to Division of Water's 416-982-003-00-00 account.
ADOPTED.
No. 38
Permission to Engage Consulting Engineer
New Watermains in Myrtle Street and Chicago Street
It is respectfully requested that your Honorable Body authorize
the Commissioner of Public Works to engage the services of a Consulting
Engineer to prepare plans and specifications and advertise for bids to replace
approximately 2,000 l.f. of existing 6 inch and 4 inch cast iron watermains in
Myrtle Street from Michigan to South Cedar with new 8 inch ductile iron
watermain and replace approximately 1,300 l.f. of existing 16 inch cast iron
watermain in Chicago Street from Exchange Street to South Division with new 16
inch ductile iron watermain.
The existing watermains were built in 1875 and 1888 and are in very bad
condition. Many of the existing valves do not operate. New valves, fire
hydrants and taps will be installed.
Funds to engage the services of an engineering firm are available in the
Division of Water's 416-982-001-00-00 account.
Mr. Fahey moved:
That the communication from the Department of Public Works, dated April
19, 1993, be received and filed; and
That the Commissioner of Public Works be, and he hereby is authorized to
engage a consultant engineer to prepare reports, plans and specifications and
to advertise for bids for New Watermains in Myrtle Street and Chicago Street,
with said cost to be charged to Division of Water's 416-982-001-00-00 account.
ADOPTED.
No. 39
Report of Bids New Sidewalks for Symphony Circle
I asked for and received the following Informal Proposals for
the New Sidewalk for Symphony Circle Restoration, Symphony Circle, Buffalo, New
York on April 13, 1993.
Construction Pace Setters 12,600
Surianello General Contractors 15,000
I hereby certify that the foregoing is a true and correct statement of
all bids received and that Construction Pace Setters, Inc. in the amount of
$12,600.00 is the lowest responsible bidder in accordance with the plans and
specifications.
Estimate for this work was $12,000.00
Mr. Fahey moved:
That the communication from the Department of Public Works, dated April
13, 1993, be received and filed; and
That the Commissioner of Public Works be, and he hereby is authorized to
award a contract for the New Sidewalk for Symphony Circle Restoration,
Symphony, Circle to Construction Pace Setters, the lowest responsible bidder in
the amount of $12,600.
PASSED.
AYES- 12 NOES- 0.
No. 40
Bids - Use of Recycled Glass as Paving Additive
Since the inception of recycling, the City of Buffalo and its
recycling contractors have been searching for a market for colored and broken
glass. As no viable commercial market was found, the city began investigating
the possibility of using recycled glass as a construction material for city
streets. The Department of Public Works has investigated the use of glass as an
aggregate to asphalt, concrete sidewalks and stone sub-base.
At this time, we would like your permission to enter into a contract to
use recycled glass as an additive to our sub-base material on the Delaware
Avenue Project - Group #331. The project is scheduled for construction
starting April 1993. There are only two known suppliers of recycled glass in
Western New York and their quotes are as follows:
Integrated Waste $8.50 per ton
BFI Recycling $20.00 plus per ton
In reviewing the above quotes the following must be considered:
1) Integrated waste's quote includes Buffalo's recycled glass while B.F.I.'s
is from outside the city.
2) I.W.S.'s existing contract requires that the city share 50% of the
proceeds from recycled material which means that their net quote is $4.25 per
ton.
Therefore, I respectfully request your Honorable Body's permission to
enter into a contract with I.W.S. to supply crushed glass for the above
mentioned project for approximately 12 hundred tons at $4.25 per ton equalling
$5,100.00.
The above glass aggregate is used in lieu of stone and would generate a
savings of 12 hundred tons of stone at a fair market price of $6.40 per ton
equalling a cost of $7,680.00 which is a net savings of $2,580.00 for the
contract.
Funds for this project are available in the Division of Engineering Bond
Fund #200-401-543.
Mr. Fahey moved:
That the communication from the Department of Public Works, dated April
21, 1993, be received and filed; and
That the Commissioner of Public Works be, and he hereby is authorized to
enter into a contract with Integrated Waste Services to supply crushed glass to
use as an additive to sub-base material on the Delaware Avenue Project - Group
#331 in an amount of approximately twelve hundred (1200) tons at $4.25 per ton
for a total cost of $5,100. Funds for this project are available in the
Division of Engineering Bond Fund #200-401-543.
PASSED.
AYES- 12 NOES- 0.
No. 41
Report of Bids Plumbing Reconstruction Phase I City Hall
I advertised for on April 6, 1993 and received the following sealed
proposals which were publicly opened and read on April 20, 1993.
H.B. Plumbing Inc. $249,300
NuMarco Inc. $256,000
Joe Carino Plmbg & Htg $257,034
Ackerman & Huebsch Inc. $260,000
I hereby certify that the foregoing is a true and correct statement of
all bids received and that H.B. Plumbing Inc. in the amount of $249,300.00 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 200-402-054 - Division of Buildings.
Estimate for this work was $250,000.00.
Mr. Fahey moved:
That the communication from the Department of Public Works, dated April
20, 1993, be received and filed; and
That the Commissioner of Public Works be, and he hereby is authorized to
award a contract for Plumbing Reconstruction Phase I, City Hall, to H.B.
Plumbing Inc., the lowest responsible bidder in the amount of $249,300. Funds
are available for this project in B/F 200-402-054 - Division of Buildings.
PASSED.
AYES- 13 NOES- 0.
No. 42
Change in Contract - Change Order No. 1
Valve Replacement in Broadway Avenue
from Fillmore to Bailey Avenue City Contract No. 91693600
I hereby submit to your Honorable Body the following change order
on the contract with Mar-Wal Construction Company, Inc. for the Valve
Replacement in Broadway Avenue from Fillmore Avenue to Bailey Avenue, City
Contract No. 91693600.
New Work Item No. 1
Replacement of the 4 inch water service from the 16 inch watermain in
Broadway for the Broadway Market and removal of the existing tapping sleeves
and valve. Also temporary pavement and fill as required by New York State
Department of Transportation. Final restoration will be made by the Broadway
Reconstruction Project.
Increase: $ 9,625.00
Costs have been reviewed by the Department of Public Works and found to
be fair and equitable.
SUMMARY:
Original amount of contract $ 183,650.00
Amount of Change Order No. 1 Increase 9,625.00
CURRENT AMOUNT OF CONTRACT $ 193,275.00
Funds in the amount of $ 9,625.00 are available in the Division of
Water's 020 Bond Account.
I recommend the above change order and it is respectfully requested that
your Honorable Body authorize the Commissioner of Public Works to issue a
change order as set forth above.
Mr. Fahey moved:
That the communication from the Department of Public Works dated April
15, 1993, be received and filed; and
That the Commissioner of Public Works, be and he hereby is authorized to
issue a change order No. 1 to Mar-Wal Construction Company, Inc. C-91693600, a
net increase in the amount of $9,625.00, as more fully described in the above
communication, for additional work relating to the Valve Replacement in
Broadway Avenue from Fillmore to Bailey Avenue. Funds for this contract are
available in Division of Water's 020 Bond Account.
PASSED.
AYES- 12 NOES- 0.
No. 43
Change in Contract - Change Order No. 1
City Contract No. 91693400
Water Filtration Plant Clearwell Cleaning and Disinfection
I hereby submit to your Honorable Body the following change order
on the contract with Emark Marine Services, Corp. for the Water Filtration
Plant Clearwell Cleaning and Disinfection, City Contract No. 91693400.
Work Item No. 8
Called for replacement of two (2) hatch covers for Center Clearwell. An
additional three (3) hatch covers were needed at the Clearwell Water Storage
Reservoir.
Increase: $ 7,995.00
Costs have been reviewed by the Department of Public Works and R & D
Engineering and Land Surveying, P.C. and found to be fair and equitable.
SUMMARY:
Original amount of contract $195,564.06
Amount of Change Order No. 1 7,995.00
CURRENT AMOUNT OF CONTRACT $ 203,559.00
Funds in the amount of $ 7,995.00 are available in the Division of
Water's 009 Bond Account.
I recommend the above change order and it is respectfully requested that
your Honorable Body authorize the Commissioner of Public Works to issue a
change order as set forth above.
Mr. Fahey moved:
That the communication from the Department of Public Works dated April
15, 1993, be received and filed; and
That the Commissioner of Public Works, be and he hereby is authorized to
issue a change order No. 1 to Emark Marine Services, Corp., C-91693400, a net
increase in the amount of $7,995.00, as more fully described in the above
communication, for additional work relating to the Water Filtration Plant
Clearwell Cleaning and Disinfection. Funds for this contract are available in
Division of Water's 009 Bond Account.
PASSED.
AYES- 12 NOES- 0.
No. 44
Change Order #1
Ohio Street Lift Bridge
Contract #91693500 Ferguson Electric
Item No. 20, C.C.P. 12/8/92
I hereby submit the following change in contract for the above
named project.
1. During the course of inspecting and cleaning of the cables on the Bridge
it was discovered that the cable guide plates installed approximately 30 years
ago were installed upside down. This has caused extensive wear on the cables
that lift the bridge. To prevent this from getting worse, it was decided to
remove the guides, inspect the cables to determine if replacement would be
required and to re-fabricate the guides to work properly and reinstall them.
2. During the course of inspection it was discovered work would be required
to repair external ladders and walkways on the bridge infrastructure to make
them safe.
The above changes in contract will be paid in lump sum items as per
negotiated prices with the contractor.
In order to accomplish this change in contract I hereby submit the
following summary.
1. Inspect cables and repair $40,480.00
guide plate
2. repair ladders and walkways $ 4,420.00
Total change order #1 $44,900.00
Contract Summary
Original contract $391,588.00
Change order #1 $ 44,900.00
Total $436,488.00
I respectfully certify that this change order is fair and equitable and
respectfully request your Honorable Body approve the change and authorize the
Commissioner of Public Works to issue the change order to Ferguson Electric
Inc.
Funds for this additional work will be available in Division of
Engineering Account #200-401-546.
Mr. Fahey moved:
That the communication from the Department of Public Works dated April
20, 1993, be received and filed; and
That the Commissioner of Public Works, be and he hereby is authorized to
issue a change order No. 1 to Ferguson Electric Inc., C-91693500, a net
increase in the amount of $44,900.00, as more fully described in the above
communication, for additional work relating to the Ohio Street lift bridge.
Funds for this contract are available in Division of Engineering Account
#200-401-546.
PASSED.
AYES- 12 NOES- 0.
No. 45
Erie Basin Marina Rental Rates
I respectfully request that Your Honorable Body approve the following
slip rental rates at the Erie Basin Marina for the 1993 Season:
CURRENT CURRENT NEW NEW
SLIP SIZE CITY RES NON-RES CITY RES. NON-RES
20' $392 $431 $ 540 $ 600
30' $563 $619 $ 900 $1,000
40' $751 $826 $1,440 $1,600
The new rates for non-residents would still be less than those charged at
the NFTA's Small Boat Harbor. City residents would once again enjoy a 10%
discount.
Using conservative estimates that all slip renters are City residents,
and based on the City's current lease with the Aud Club Inc., the increased
fees would generate an additional $22,500 in revenue for the City.
We have discussed the possibility of this increase with the Aud Club, and
although they have already received payment from their slip renters, they are
able to bill for any additional rentals approved by the Council.
REFERRED TO THE COMMITTEE ON FINANCE AND THE CORPORATION COUNSEL.
No. 46
Info on Sprinkler Charges
Item No. 140, C.C.P. March 2, 1993
The following is response to Councilmember Coppola's resolution
at the March 2, 1993 Common Council meeting regarding information from the
Division of Water.
(1) If a water user is metered, why is it necessary to charge an extra fee
for a fire sprinkler connection if the sprinkler has not been activated?
The flat fee is charged for sprinkler connection or for a fire line
connection because it is a separate service line connected directly to the
watermain and is available for us in the event of a fire. The advantage of
having an active fire line or sprinkler system to a property is cost effective
for fire insurance purposes.
(2) Wouldn't the meter register the extra usage if the system was used?
As indicated in the Ordinances, any usage on the meter other than a fire
would be billed to the consumer.
(3) If a fire occurred and the system was used, would the user still receive
the flat rate bill for that quarter?
The consumer would receive a flat rate bill for the fire line as long as
the line is on and available for use. This billing would stop when an owner
requests in writing for a turn off and pay the fee. The Division of Water
would then notify the Fire Underwriters so that the insurance coverage would be
received.
(4) What Ordinance covers the separate charge for the fire connection?
Section 491-74 Water Rates - Sprinkler Connections
"Fire pipelines or sprinkler 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 $151.40 (Regular), $96.88 (Senior
Citizen). In addition to regular meter rate for all water shown by meter to
have been used, except in case of fire; provisions of this paragraph 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.
REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CORPORATION COUNSEL.
No. 47
Solid Waste Disposal Bids/Negotiations 1988
During the Finance Committee Meeting of April 20, 1993 information
was requested of this department as to the bidding, negotiating and legal
opinions that resulted in the current waste disposal contracts with Occidental
Chemical Corp. and integrated Waste Systems, Inc.
In 1984 the existing waste disposal contract with Newco/BFI was renewed
for three (3) additional years - no Council authorization. In 1987 the same
contract was extended for one (1) additional year - no Council authorization.
During this one (1) year extension we negotiated an agreement with Occidental
Chemical Corporation (OXY) for the incineration of our garbage for a base price
of $27.75 per ton plus cost of living increases each year (CPI) plus an
environmental pass along provision for any new rule or regulation that may
increase the cost to OXY for burning, disposal of ash or landfill bypass. The
base price structure was amended at our request to $23.75 for year 1; $25.75
plus CPI for year 2; $27.75 plus two years CPI for year 3; $29.75 plus three
years CPI for year 4; and $31.75 plus four years CPI for year 5. Environmental
pass along costs may be added to any year. Year 1 's price was further reduced
to $22.75 with the agreement that $1.20 for each ton of year 1 's garbage would
be recaptured in year 3. Environmental increases for years 1 and 2 would riot
be payable until the final 3 years of the agreement when they would be paid at
a rate of 1/36 per month. The agreement was negotiated with OXY since they were
a sole source for waste to energy. Comparable prices for landfilling of
garbage in 1988 were in the $30.00 to $35.00 per ton range with uncertain price
increases due to the new NYSDEC Part 360 Regulations. Estimates from OXY for
potential environmental increases were $3.00 - $4.00 per ton for ash disposal
in year 2 (possibly late in year 1) and $15.00 per ton for stack emission work
in year 5 or later. For this fiscal year (1992/93) we are paying $90,0,00.00
for this year's environmental, $41,829.88 per month for prior years
environmental charges and $41.26 for each ton of garbage.
On April 29, 1988 we advertised for the transfer and haul of our garbage
for the East Side Transfer Station to the OXY facility and the transfer, haul
and disposal of our trash from the East Side Transfer Station to a landfill
that the bidders would identify in their bids. Bids were picked up by seven (7)
interested firms and the following three (3) bids were received on May 13,
1988.
Integrated Waste Systems
$ 7.40 per ton garbage x 150,000 tons = $1,110,000
$24.30 per ton trash x 30,000 tons = 729,000
$125,000 per month x 12 months (fixed fee)*= 1,500,000
$3,339,000
Downing Container Service
$10.08 per ton garbage x 150,000 tons = $1,512,000
$46.56 per ton trash x 30,000 tons = 1,396,800
$46,303.25 per month x 12 months (fixed fee)*= 555,639
$3,464,439
BFI
$ 5.86 per ton garbage x 150,000 tons = $ 879,000
$55.86 per ton trash x 30,000 tons = -1,675,800
$151,800 per month x 12 months (fixed fee)*= 1,821,600
$4,376,400
*The fixed fee amount is not subject to annual CPI increases.
The current contract prices for Integrated Waste Systems, Inc. (1992/93)
are $8.80 per ton garbage, $33.22 per ton trash and $125,000 per month (fixed
fee).
The bids received contain drawings, permits, etc. and may be reviewed in
Room 604 City Hall. Contracts were not submitted to Your Honorable Body since
we were advised verbally that the funding for these was through the City's
operation and maintenance budget and had been authorized as such. If
multi-year contracts that are funded through O & M budget line items require
Council authorization, we strongly recommend that Your Honorable Body instruct
the Comptroller's Office to so advise all departments of this requirement This
department currently has multi-year contracts for elevator maintenance,
extermination, temperature control, court cleaning, etc. that would require
such authorization.
I believe that this is the information requested by the Finance Committee
of this department. If additional information is required, I will be available
to address those items at the Council Meeting.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 48
Certificate of Appointment
Appointment effective April 14, 1993 in the Department of Public
Works, Division of Water, James Lee Mann, 177 Courtland Ave., Buffalo, 14215,
to the position of Dispatcher, Provisional, at the starting salary of $ 22,839.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
No. 49
Certificate of Appointment
Appointment effective April 19, 1993 in the Department of Public
Works, Division of Water, Jeffrey Ford, 47A Altruria St. Buffalo, 14220, to the
position of Assistant Filtration Plant Operator, Temporary, at the starting
salary of $ 23,503.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
No. 50
Certificate of Appointment
Appointment effective April 19, 1993 in the Department of Public
Works, Division of Water, Dennis A. Smith, Jr., 53 Erb St. Buffalo, 14215, to
the position of Maintenance Assistant-Water, Provisional, at the starting
salary of $ 24,643.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
No. 51
Certificate of Appointment
Appointment effective April 12, 1993 in the Department of Public
Works, Division of Water, Dominic DiSalvo, 22 Clio
Avenue, Buffalo, 14220, to the position of Chief Water Pollution Inspector,
Provisional, at the starting salary of $25,736.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
FROM THE COMMISSIONER OF POLICE
No. 52
Fully Executed Drug Interdiction
Points Of Entry Contract
Item No. 98, C.C.P. 11/24/92
Please be advised that the Drug Interdiction/Points of Entry Grant
Program Contract between the New York State Division of Criminal Justice
Services and the City of Buffalo for the project period September 1, 1992
through August 31, 1993 has been fully executed in the amount of $200,000.
A copy of this contract is on file in the Department of Administration
and Finance (Budget), the Division of Audit and in the Division of
Administration and Communications (Buffalo Police Department).
RECEIVED AND FILED.
No. 53
Fully Executed Drug Interdiction Points Of Entry
Contract On Behalf Of N.F.T.A.
Item No. 96, C.C.P. 01/05/93
Please be advised that the Drug Interdiction/Points of Entry Grant
Program Contract between the New York State Division of Criminal Justice
Services and the City of Buffalo for the project period September 1, 1992
through August 31, 1993, with the N.F.T.A. as the sub-grantee, has been fully
executed in the amount of $75,000.
A copy of this contract is on file in the Department of Administration
and Finance (Budget), the Division of Audit and in the Division of
Administration and Communications (Buffalo Police Department).
RECEIVED AND FILED.
FROM THE CORPORATION COUNSEL
No. 54
Fire Department Manpower
Utilization Contract Award
(Item No. 169, C.C.P., 3/30/93)
Your Honorable Body has asked whether the City of Buffalo can
accept a monetary contribution from the union representing City of Buffalo
firefighters to pay for part of the cost of a professional study of the
operations of the City of Buffalo Fire Department with the purpose of improving
its organization and operations and increasing its efficiency. The City of
Buffalo can accept such a contribution provided that the selection and
direction of the consultant and the amount to be contributed shall have been
agreed to in advance. Additionally, with respect to any implementation of the
consultant's proposals, the legislative discretion of the Common Council and
the administrative prerogative of the Commissioner of Fire may not be limited
by the arrangement nor may the City of Buffalo be bound by the consultant's
findings or proposals.
RECEIVED AND FILED.
No. 55
Solid Waste Disposal Contracts
A number of questions were posed in the Finance Committee meeting
of April 20, regarding the present contracts with IWS and Occidental Chemical
Corporation and the long-standing practice of the City of Buffalo that service
contracts can be executed by department heads if funds are appropriated in the
annual Operation and Maintenance budget for the service. Common Council
approval has traditionally not been sought for various contracts such as solid
waste disposal services and architects.
Regardless of whether such practice is permitted under the City Charter
or general state law (a question we are continuing to research), there is a
presumption of validity with respect to contracts which have been executed in
conformance with this practice.
Even if it were concluded that Common Council approval were required, the
legal issue with respect to these particular contracts would be moot. The City
has received the benefit of the bargain contemplated by the contract and there
is no evidence that the City's payments were not reasonable in comparison to
industry norms. Given the near expiration of the term of both these contracts,
it would be of no value to contest the validity of these contracts.
The relationship of the present debate over renewal of these contracts
and any question of the 1988 execution of them is largely academic. As I have
advised you previously, there is no legal requirement to negotiate a renewal of
the IWS contract. The request by Occidental for the City to consent to the
assignment of this contract to American Ref-Fuel Niagara, L.P. and the
impending sale of the waste to energy facility to American Ref-Fuel allows the
City to avoid any obligation the City may have had to negotiate a renewal of
the contract by simply refusing to consent to the assignment.
The Commissioner of Public Works has submitted to you the question of
renewal (as well as the consent to assignment) of these multi-year service
contracts for your review and approval. I believe that this is preferable to
the traditional practice from both legal and policy perspectives.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 56
Removal of Canine Waste
(Item No. 178, C.C.P., 4/13/93)
Your Honorable body has asked the Department of Law for advice
on the implications of Section 1310 of the Public Health Law. Section 1310
requires dog owners to remove dog waste and makes a violation punishable by
fine. However, Section 1310 applies to cities with populations over 400,000 and
would therefore not be applicable to the City of Buffalo.
The New York State Attorney General [Op. Atty. Gen. (Inf.) 84-59] has
opined, nonetheless, that Section 1310 does not prevent municipalities like the
City of Buffalo from adopting similar provisions under general police powers
recognized in the Municipal Home Rule Law. In my judgement, then the City of
Buffalo could enact similar legislation by ordinance.
RECEIVED AND FILED.
No. 57
Total Loss Settlement and Transfer Of Title
City of Buffalo v. General Motors Corporation
Authorization is hereby requested to settle and transfer title
of the vehicle in the above referenced matter on behalf of the City of Buffalo
for the total loss sustained to a city owned 1991 Caprice Chevrolet, Police
Vehicle #110 (Vehicle I.D. #1G1B15378MW225574). There is no insurance carrier
involved in the settlement of this matter.
On January 31, 1993, Car #110, driven by Police Officer Donald W. Draine,
Sr., was returned to Precinct Number 5 located at 566 Niagara Street, and
parked in the rear of the precinct. Moments later, a loud "popping" noise was
heard from under the hood of Car #110 and soon after smoke issued and flames
appeared under the hood. Within minutes, Car #110 was engulfed in flames.
Subsequent fire investigation revealed that the car's battery had exploded
causing said fire.
The City has been contacted by the Syracuse Branch of the Chevrolet Motor
Division, General Motors Corporation. The fire was caused by a defective
condition, which was about to be recalled. A representative of G.M. has offered
the City of Buffalo the sum of Six Thousand Four Hundred Dollars ($6,400.00) in
full settlement. This would appear to be the fair market value of the vehicle.
In return, Chevrolet wants the City to transfer title to the vehicle.
The Law Department recommends acceptance of this settlement offer for the
following reasons: The mileage (60,100 miles); and extensive fire damage
sustained to this vehicle did not warrant its repair - the vehicle was
determined to be a total loss. The National Automobile Dealer's Association
replacement value of this vehicle ranges between $4,325.00 to $7,015.00.
Transferring title to General Motors would take this junked vehicle off the
City's hands. It will save the City disposal costs. If we would keep this
vehicle, it would only be worth approximately $875.00 in salvage costs.
Furthermore, additional costs would be incurred in litigation, placing this
case on the trial calendar, in discovery costs and in proving product
liability.
Therefore, it is respectfully requested that your Honorable Body
authorize the Corporation Counsel to fully settle this matter for the sum of
Six Thousand Four Hundred Dollars ($6,400.00) and transfer title of the vehicle
to the General Motors Corporation.
Mr. Fahey moved:
That the communication from the Corporation Counsel, dated April 15,
1993, be received and filed; and
That the Corporation Counsel be and hereby is authorized to settle and
transfer title in the matter of the City of Buffalo v. General Motors
Corporation concerning the loss to the City of a 1991 Chevrolet Caprice,
Buffalo Police Vehicle #110 (Vehicle ID #1G1B15378MW225574) for the sum of
$6,400.
PASSED.
AYES- 12 NOES- 0.
No. 58
Amend Lease with BCAR
(Item No. 14, C.C.P., 3/30/93)
The above item from the Board of Parking asks for your approval
of an amendment to the Consolidated Lease Agreement between the City of Buffalo
and Buffalo Civic Auto Ramps, Inc. ("BCAR") dated as of July 1, 1989. The
proposal asks for the suspension of a payment of $350,000 for 1993-1994 by BCAR
that would be compensated for by an increased payment from other Board of
Parking operations. There is no apparent legal impediment to such amendment.
Your Honorable Body has also asked about the status of litigation brought
against the Erie County Industrial Development Agency at the beginning of the
development of Pilot Field. The lawsuit by owners of downtown commercial
related to concerns for adequate parking and claimed violations of
environmental impact study requirements. The claims were dismissed at the trial
level, which dismissal was affirmed by the Appellate Division, Fourth
Department. Leave to appeal to the Court of Appeals was denied.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 59
Par-Foam Products
Purchase of 53-75 Seymour
(Item No. 98, C.C.P., 4/13/93)
Your Honorable Body and the proposed purchaser have asked whether
the conditions of sale of the referenced property can be amended. The
conditions of sale can be amended as long as the City of Buffalo receives
adequate consideration for the transfer of the property.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 60
Lease Agreement Penn Advertising
(Item No. 22, C.C.P., 4/13/93)
With respect to the referenced item, at the meeting on April 20,1993
of your Committee on Finance questions were raised concerning, among other
matters, the status of Penn Advertising's lawsuit contesting the newly enacted
ordinance regulating outdoor signs.
Penn Advertising has served on the City of Buffalo what purports to be an
amended complaint after the time allowed for amendments as of right. The
amended complaint, which sets out new claims, was neither consented to by the
City of Buffalo nor was it ordered by the Court. Under these circumstance the
amended complaint should be deemed invalid and a nullity. There are no pending
motions before the Court.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 61
Multiple Parking Services
Reply to Allegations of Empark
(Item No. 96, C.C.P., 4/13/93)
The above item from Multiple Parking Services is a reply to the
allegation of Empark concerning the performance bond requirement for bids for
certain City of Buffalo controlled parking lots. Empark has claimed that the
requirement for a performance bond is unfair.
Performance bonds have been a longstanding requirement for City of
Buffalo parking contracts and are authorized by Chapter 96 of the Ordinances. A
performance bond or other substantial security device is customary and mandated
by fiscal prudence where large sums of cash are involved. In the setting of
parking contracts, a performance bond provides excellent security to the City
because the contractor must demonstrate fiscal and operational soundness to an
independent third party knowledgeable in such matters. That third party
oversight increases the likelihood that the contractor will perform as required
and that the City will not suffer the costs of a default which cannot be
completely recompensed by the bond in any event.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 62
Ransom Auto Junk Vehicle Bid Offer
(Item No. 100, C.C.P., 4/13/93)
The Law Department's response to the above matter will depend
upon the factual determinations of the Police Department.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 63
Lead Testing Bids
(Item No. 88, C.C.P., 4/13/93)
The Law Department's response to the above matter will depend
upon the forthcoming report of the Department of Inspections and Community
Renewal.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 64
1991-1992 Tax Refund to Braco-I
At Item 42 of your proceedings of June 23, 1992, we recommended
that your Honorable Body approve a tax refund of $31,839.28 to Braco-I. At your
request, the Department of Law obtained from Braco-I its organizational
documents and other information concerning its principals. We have reviewed
this information and it appears in order.
We therefore recommend that your Honorable Body approve the payment of
the above described refund.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 65
Fountain Plaza - Rotary Rink
Attached thereto please find the latest draft of the proposed
concessionaire agreement between the Buffalo Urban Renewal Agency and First
Rink, Inc. for the Fountain Plaza and Rotary Rink facilities which facilities
are proposed to be the subject of the management agreement between the City and
the Agency. We are preparing such a management agreement which will require
the Agency to bear all risk of monetary loss with respect to such
concessionaire agreement and for standard insurance and indemnification
provisions relative to the concessionaire's and Agency's activities.
REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT.
FROM THE COMMISSIONER OF STREETS
No. 66
Certificate Of Appointment
Appointment effective April 19, 1993 in the Department of Street
Sanitation, Richard D. Bartolotta, 52 Kimberly Avenue Buffalo, New York 14220,
to the position of Supervisor of Street Sanitation I, Permanent, at the
intermediate starting salary of $23,126.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
FROM THE COMMISSIONER OF INSPECTIONS AND COMMUNITY REVITALIZATION
No. 67
Report of Emergency Bid for
Demolition of 74 Spaulding - Garage Only
Due to the very serious and hazardous condition of the garage
located at 74 Spaulding Street, inspections were conducted by this department
and it was determined that immediate action was necessary due to (1) the
structural condition of the building and/or (2) the resulting dangerous and
hazardous condition which exists at this location, 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
8, 1993. The contract will be awarded to the lowest responsible bidder:
ADDRESS/ OWNER CONTRACTOR/AMOUNT OF BID
74 Spaulding Street - Sam DelMonte Demolition
Garage Only $850.00
City of Buffalo
We, therefore, respectfully report to your Honorable Body that the cost
of the project will be charged to this department's Capital Project Fund
#200-241-002-00000.
Mr. Fahey moved:
That the communication from the Department of Inspections and Community
Revitalization, dated April 14, 1993, be received and filed; and
That the award by the Commissioner of Inspections and Community
Revitalization of an emergency demolition contract to Sam DelMonte Demolition
at a cost of $850.00, relating to 74 Spaulding, Garage Only, is hereby
confirmed, ratified and approved, with said cost to be charged against Capital
Project Fund #200-241-002-00000, 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- 12 NOES- 0.
FROM THE COMMISSIONER OF ADMINISTRATION AND FINANCE
No. 68
Collective Bargaining Agreement Between the City of Buffalo and the Buffalo
Police Benevolent Association for 7/1/92 to 6/30/95
Approval of your Honorable Body is requested for a new three year
contract between the City of Buffalo and the Buffalo Police Benevolent
Association (PBA), for the period of July 1, 1992 through June 30, 1995.
Agreement was reached between the negotiating teams for the two parties on
April 8, 1993. After a series of informational meetings for PBA members, the
PBA membership approved the Agreement by a vote of 628 to 66. The complete
provisions of the Agreement are attached for your perusal. Highlights of the
Agreement are:
1. For the 1992-93 fiscal year, no pay raise.
2. Effective 7/1/93, a 2% pay raise and a 2% "productivity stipend"
Effective 6/30/93 a 2% raise, and effective 7/1/94, a 5% raise.
3. The 5-2-8 "doubleback" shift schedule, criticized by the IACP Report,
will be changed to:
(A) Effective 3 months from ratification, a 4-3, 4-3, 4-4 10-hour
schedule for Patrol Division, and a 5-2, 5-2, 5-2, 5-2, 4-3 8 hour schedule for
all others.
(B) Effective 1/1/95, a 4-4, 4-3 10-hour schedule, in consideration for
the PBA's continued cooperation with Precinct consolidation.
4. Reporting time will be rolled into base pay effective 7/1/93.
5. A new core medical insurance plan, with increased deductibles on Major
Medical and increased drug card co-pay, which will save the City about $400,000
a year.
6. PBA recognizes the department's right to detail; all current detailing
grievances (1,000-plus) withdrawn and deemed settled.
7. An educational stipend for officers with Associate's, Bachelor's or
Master's Degrees.
8. City has right to civilianize cell block, central booking, precinct desk
duty, and dispatching (by attrition).
Mr. Fahey moved:
That the communication from Administration and Finance, dated April 22,
1993, be received and filed; and
That the collective bargaining agreement between the City of Buffalo and
the Buffalo Police Benevolent Association for the period July 1, 1992 through
June 30, 1995, as contained in the above communication, be and hereby is
approved.
PASSED.
AYES- 12 NOES- 0.
No. 69
Transfer Of Funds - Civil Service
(Item # 171, C.C.P. April 13, 1993)
The above referenced item was referred to this office with a request
to provide your Honorable Body with the current balance in the Reserve for
Capital Improvements budget account.
There is currently an unencumbered balance of $50,114 from the $200,000
that was appropriated in this account (account #100-819-00-842) in the 1992-93
budget.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 70
Certificate of Appointment
Appointment effective April 13, 1993 in the Department of Administration
and Finance, Division of Labor Relations, Mary R. O'Shei, 90 Rutland Ave.,
Buffalo, NY 14220 to the position of Assistant Benefits Manager, provisional,
at the maximum starting salary of $25,957.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
FROM THE COMMISSIONER OF HUMAN RESOURCES
No. 71
Permission to Enter Contract
BMHA-Substance Abuse
We are requesting permission to enter into contract with the Buffalo
Municipal Housing Authority and the New York State Division of Housing and
Community Renewal, in the amount of $90,000.00.
This money will be used to supplement our existing program within the
Division of Substance Abuse Services. We will be hiring two individuals who
will implement and carry out the obligations of this contract. These titles
are existing titles within the current program structure; the titles being
Senior Substance Abuse Specialist and Counselor III. The remaining money will
be targeted for fringe benefits, supplies, utilities, travel and transportation
and services.
Your consideration is greatly appreciated.
Mr. Fahey moved:
That the communication from the Department of Human Resources dated April
15, 1993 be received and filed, and
That the Commissioner of Human Resources be and hereby is authorized to
enter into contract with the Buffalo Municipal Housing Authority and the New
York State Division of Housing and Community Renewal for services as described
in the above communication relating to programs within the Division of
Substance Abuse Services, in the amount of $90,000.
PASSED.
AYES- 12 NOES- 0.
FROM THE COMMISSIONER OF GENERAL SERVICES
No. 72
Sale Of Junk And Abandoned Vehicles Bid #192
The Division of Parking Enforcement has for sale on a continuing
basis, junk and abandoned vehicles as defined by the New York State vehicle and
traffic law- Section 1224-2.
I am advising your Honorable Body that the Division of Purchase sent out
nineteen (19) bids to vehicle dismantlers and scrap processors for the sale of
these vehicles.
Three (3) were returned at the bid opening on March 24, 1993. See
attached bid tabulation sheet.
I recommend that your Honorable Body approve the award to the responsible
high bidder, South Buffalo Auto Parts.
REFERRED TO THE COMMITTEE ON FINANCE.
FROM THE CITY CLERK
No. 73
Installation of Listening Devices
#8 - C.C.P. - March 16, 1993
I have been asked to respond to a communication (Item #8-C.C.P.
3/16/93) regarding the installation of the listening devices.
As I have stated on numerous occasions, I have spent a considerable
amount of time on this issue including attending various meetings and a NYCOM
workshop on the matter in addition to working with two directors (Bliven,
McKenna) and one acting director (Szalda) of the Advocacy Office. I also had
three demonstrations that were poorly attended; less than 10 people showed up,
and the live demonstration during an actual Council meeting was only attended
by 7 individuals.
During that time, all three systems were evaluated (Audio Loop, FM
System, infrared System) during all demonstrations. The FM System and the
Audio Loop System far superseded the infrared so that one option was dropped
from consideration thereupon leaving our choices for the FM or the Audio Loop
Systems.
After receiving bids on the two systems, we proceeded to reevaluate the
two and of those present at the meetings held for this purpose, it was a 60-40
split in favor of the FM System. One of the reasons I went for the FM system
was that with an audio loop system, I still would have had to buy additional
receivers for those people who do not have T switches on their hearing aids. I
was also advised by one of the directors that approximately only 40% of the
people had T switches. With the FM system, this is not necessary because an
inexpensive loop placed around the neck of the individual may be used instead.
In addition, although everyone was invited to a demonstration including all
Council offices, no one showed except for Arthur and Pitts. I stand ready to
set up another demonstration for the Council if Your Honorable Body so desires.
Before I made a final decision, I then contacted the New York State
Conference of Mayors (NYCOM) and asked to speak to their legal advisor on the
American Disabilities Act. They advised me under their publication as follows
C. Communications: 29CFT Sec. 35. 160 states: " a public entity will need
to ensure that it can communicate with disabled persons who are employees or
apply for employment as well as those who are members of the general public
needing information on programs or attending meetings, and where necessary to
ensure that communications with individuals with hearing, vision or speech
impairments are as effective as communications with others, the public entity
must provide appropriate auxiliary aids. Auxiliary aids includes such services
or devices as qualified interpreters, assistive listening headsets, television
captioning and decoders, telecommunications devices for deaf persons, videotext
displays, readers, taped texts, braille materials and large print materials.
The type of aid may change dependent on the context in which the communication
is taking place, the number of people involved, and the importance of the
communication. individuals with disabilities must be given an opportunity to
request the auxiliary aid of their choice. The public entity shall honor that
choice unless it can demonstrate that another effective means exists. Public
entities are not required to take any action that it can demonstrate would
result in undue financial and administrative burden."
NYCOM would not give me a written opinion because we are not members.
I then made my decision to go with the FM system. Feeling justified that
I had taken the correct action, I then filed C.C.P. #31 on November 24, 1992
with the Council requesting permission for this action. This was passed by the
Council and signed by the Mayor on December 9, 1992. At any time the Advocacy
Office could have objected and the Mayor could have sought their advice before
signing, but he did not. In addition, my decision was also substantiated by
the fact that I requested minutes of the Advocacy Board's meeting to ascertain
whether there was a quorum present and was present when they made their
recommendation. I took this approach because it seemed that most of the
objections came from one individual who admitted that he made audio loops but
did not sell any. I also later learned that many of the Board members never
took an oath of office nor filed the required forms requested by the Board of
Ethics. In effect, they were not properly seated members of that Board.
In any event, I tried to work with the Board, but every time they changed
directors, they instituted a new policy. Again, I do not wish to get into a
shooting match with the Advocacy Board nor with the hearing impaired community,
but they must give this system a chance. No one has even tried using it except
for the Chief Clerk, and he finds that it suits his needs.
In addition, I think the Council has gone a long way with the Advocacy
Board. I believe that we were the first office in City Hall to install a TDY
machine so that the hearing impaired can call and contact their legislative
representatives. Also, we are probably the first government office to install
an assistive listening device in our meeting area. The portability feature of
the FM system is probably its greatest advantage over other systems for in our
case, we can move this system to Room 1417 as well as to a community meeting
outside of City Hall. Therefore, individuals who are hearing impaired can
benefit from this system by not only attending a Council meeting in City Hall,
but also may use this system anywhere throughout the City.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 74
Peace Bridge Truck Inspection Policy
Attached herewith is a communication from the Corporation Counsel
to Kavinoky & Cook requesting that the Peace Bridge Authority immediately take
steps to delete the Centennial Pool park property from the scope of the subject
environmental review.
REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT.
No. 75
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
1249 Sycamore St. Zywicki's Rest. William Earl Everts
RECEIVED AND FILED.
No. 76
Leaves of Absence Without Pay
I transmit herewith notifications received by me, reporting the
granting of the leaves of absence without pay, in the various departments as
listed:
Public Works- Carole M. Getz
General Services- Marlene M. Constantino
City Clerk - Linnie Jorden
RECEIVED AND FILED.
No. 77
Reports of Attendance
I transmit herewith communications received by me, from the various
boards, commissions, agencies and authorities reporting the membership
attendance at their respective meetings:
City Planning Board
Emergency Medical Services Board
RECEIVED AND FILED.
No. 78
Notices of Appointments
I transmit herewith communications received by me, reporting the
appointments made in the various departments at the minimum, flat or hourly
rate.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
FROM THE DEPARTMENT OF STADIUM AND AUDITORIUM
Appointment effective April 9, 1993 in the Department of Stadium
& Auditorium, Division of Pilot Field to the position of Laborer l Seasonal, at
the starting salary of $5.98 hour.
Timothy L. Boyce, 61 Mt. Vernon Ave., Buffalo, 14210
Jennifer Arena, 531 Harlem Rd., Buffalo, 14224
Philip N. Polanski, 164 Kenefick Ave., Buffalo, 14220
Brian T. Kingston, 71 Livingston St., Buffalo, 14213
Robert E. O'Neill, 7 Marine Drive Apt. #10B, Buffalo, 14202
Roosevelt J. Higgins, 2104 Bailey Ave., Buffalo, 14211
Bobby Gonzalez, 397 Trenton St., Buffalo, 14201
Ray Shawn Tyler, 973 Ellicott St., Buffalo, 14209
William M. Fletcher, 383 Skillen St., Buffalo, 14207
John R. Jenkins, 939 West Ferry, Buffalo, 14209
Rick Knutsen, 135 So. Legion Dr. Apt. #1, Buffalo, 14220
Appointment effective April 16, 1993 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.
Michael Ahern, 42 Plymouth Ave., Buffalo, 14201
Willie Anderson, 115 Shumway St., Buffalo, 14206
Laura Ando, 771 Tifft St., Buffalo, 14220
Maurice Bell, 36 Dodge St., Buffalo, 14209
Elaine Bushen, 152 Whitfield St., Buffalo, 14220
Guy Cammarano, 56 Folger St., Buffalo, 14220
John Conrad, 108 Woodside Ave., Buffalo, 14220
Jacob Craddock, 42 Hoffman St., Buffalo, 14207
James Cummings, 58 Good Ave., Buffalo, 14220
Patrick Farry, 26 Regent St., Buffalo, 14206
Joseph Fern, 47 Marine Dr., Buffalo, 14202
Toni Gallagher, 26 Carlyle Ave., Buffalo, 14220
Michael Glavey, 7 Britt St., Buffalo, 14220
William Gorman, 170 Richmond Ave., Buffalo, 14222
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
Gerald Hayes, 28 Cazenovia St., Buffalo, 14220
Richard Hehir, 140 Kenefick St., Buffalo, 14220
Christopher Kustra, 372 Marilla St., Buffalo, 14220
Kevin Lalley, 81 Densmore Ave., Buffalo, 14220
Matthew Lalley, 21 Edgewood Ave., Buffalo, 14220
Leonard Laufer, 148 Brinkman St., Buffalo, 14211
William Laufer, 148 Brinkman St., Buffalo, 14211
Norris Mays, 416 Winslow St., Buffalo, 14211
Kurt McGowan, 8 Fields St., Buffalo, 14210
Peter Nigrelli, 160 Bloomfield Ave., Buffalo, 14220
Terrence O'Rourke, 712 McKinley Pkwy., Buffalo, 14220
Michael Parot, 10 South St., Buffalo, 14204
Maurice Perry, 100 Parkview St., Buffalo, 14210
James Quinn, 723 McKinley Pkwy., Buffalo, 14220
Kellie Safford, 284 Grape St., Buffalo, 14204
Rebekah Safford, 284 Grape St., Buffalo, 14204
Timothy Safford, 70 Butler St., Buffalo, 14208
Scott Schumacher, 64 Armin Pl., Buffalo, 14210
Randolph Schuster, 77 Melrose St., Buffalo, 14220
Gerard Seltz, 192 Whitfield St., Buffalo, 14220
Darlene Swenton, 42 Philadelphia St., Buffalo, 14207
David Wilds, 181 Choate St., Buffalo, 14220
Daniel Wilson, 49 Carlyle St., Buffalo, 14220
Marcus Wright, 42 Andover St., Buffalo, 14215
Appointment effective April 16, 1993 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
Sharon Campbell, 205 Marine Dr., Buffalo, 14202
Ann DiStefano, 2096 Delaware Ave., Buffalo, 14216
Salvatore Dobrowolski, 119 Arbour Lane, Buffalo, 14220
M.T. McNeal, 791 Sycamore St., Buffalo, 14212
Charles Mims, 79 Harmonia St., Buffalo, 14211
Arlene Simpson, 42 Riverside Ave., Buffalo, 14207
James Toms, 82 Rosedale St., Buffalo, 14207
John Thiry, Sr., 158 Montgomery St., Buffalo, 14206
Denise Jones, 973 Ellicott St., Buffalo, 14203
Appointment effective April 16, 1993 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.
Thomas Hosking, 17 Milford St., Buffalo, 14220
Mark Zimmer, 87 Juniata Pl., Buffalo, 14210
FROM THE DEPARTMENT OF ASSESSMENT
Appointment effective April 19, 1993 in the Department of Assessment,
to the Position of Clerk, Seasonal at the flat starting salary of $ 5.00/hour.
Juanita Adams, 651 Elm St., Buffalo NY 14213
Florence A. Alessi, 791 Busti Ave., Buffalo NY 14213
Leroy Moses, 67 Beiter Walk, Buffalo NY 14215
FROM THE DEPARTMENT OF PUBLIC WORKS
Appointment effective March 18, 1993 in the Department of Public
Works, Division of Engineering, Roosevelt Thomas, 113 Ruhland Ave., Buffalo, NY
14201, to the position of Communication Specialist, Provisional at the starting
salary of $ 22,602.
FROM THE DEPARTMENT OF PARKS
Appointment effective April 26,1993 the Department of Parks, Division
of Parks, to the position of Fee Collector, Seasonal at the starting salary of
$4.75 hour.
Charles Agro, 856 Parkside, Buffalo 14216
Walter Burshtynski, 126 Bird, Buffalo 14213
Gene Cullen, 13 Harvey, Buffalo 14210
Brian Donovan, 57 Susan Lane, Buffalo 14220
Eugene Heftka, 30 Warren Ave., Buffalo 14212
James Hillery, 141 Carlyle, Buffalo 14220
Thomas Lynch, 54 Ashton Pl., Buffalo 14220
Stanley Murak, 1080 Kensington, Buffalo 14215
James Neary, 33 Okell, Buffalo 14220
Robert O'Leary, 100 Ryan, Buffalo 14210
Appointment effective April 19, 1993 in the Department of Parks, Division
of Recreation, Michael Sieracki, 959 Walden Avenue Buffalo 14211, to the
position of Lifeguard, Seasonal, at the starting salary of $ 5.00 hour.
Appointment effective April 12, 1993 in the Department of Parks,
Division of Parks to the position of Laborer II, Seasonal at the starting
salary of $6.65 hour.
Brian Gould, 15 Red Jacket Pkwy., Buffalo. 14220
Brian Hayes, 795 McKinley Pkwy., Buffalo, 14220
Tammy Parsons, 120 Barton St., Buffalo 14213
Appointment effective April 26,1993, in the Department of Parks Division
of Parks, John O'Leary, 100 Ryan Street, Buffalo 14210 to the position of
Laborer II, Permanent, at the starting salary of $ 8.26 hour.
Appointment effective April 12, 1993 in the Department of Parks,
Division of Recreation, Kenneth Stevens, 106 Timon St. Buffalo 14211, to the
position of Recreation Instructor, Provisional, at the starting salary of
$20,382.
FROM THE DEPARTMENT OF FIRE
Appointment effective April 8, 1993 in the Department of Fire
John Leising, 138 Depew Avenue, Buffalo, New York 14217, to the position of
Fire Lieutenant, Permanent, at the starting salary of $ 39,228
FROM THE DEPARTMENT OF STREET SANITATION
Appointment effective: April 19, 1993 in the Department of Street
Sanitation, to the position of Laborer II, Seasonal at the starting salary of
$6.65 per hr.
Darryl W. Bell, 52 Purdy St., Buffalo ,N Y 14208
Jason A. Canonico, 132 Abbott Rd., Buffalo, NY 14220
Daniel E. Wilson, 49 Caryle Ave., Buffalo, NY 14220
FROM THE DEPARTMENT OF ADMINISTRATION AND FINANCE
Appointment effective April 19, 1993 in the Department of Administration
and Finance, Division of Parking Enforcement David M. Taylor, 19 Durham Court,
Buffalo - 14204, to the position of Laborer I, Seasonal, at the starting salary
of $5.98 hour.
Appointment effective April 20, 1993 in the Department of Administration
and Finance, Division of Parking Enforcement, Jennifer A. Danahy, 75 Shenandoah
Road, Buffalo 14220, to the position of Clerk, Seasonal, at the starting salary
of $5.98 hour.
Appointment effective April 26, 1993 in the Department of Administration
and Finance, Division of Labor Relations Linda N. Kelly, 79 Buffum Street,
Buffalo, New York 14210 to the position of Administrative Aide, Permanent, at
the starting salary of $ 19,346.
FROM THE DEPARTMENT OF HUMAN RESOURCES
Appointment effective April 19, 1993 in the Department of Human
Resources, Division of Youth, Scott Lohouse, 33 Columbus Avenue, Buffalo,
14220, to the position of Youth Worker, Temporary, at the starting salary of
$4.25 hour.
Appointment effective April 12, 1993 in the Department of Human
Resources, Division of Youth, Michelle Enright, 195 Maurice Street, Buffalo,
14210, to the position of Community Aide Temporary, at the starting salary of
$5.25 hour.
FROM THE DEPARTMENT OF GENERAL SERVICES
Appointment effective April 14, 1993 in the Department of General
Services, Division of Inventory & Stores, Robert F. Seifert, 183 Lisbon Ave.,
Buffalo, 14214, to the position of Laborer II, Seasonal, at the starting salary
of $6.65 Hour.
FROM THE DEPARTMENT OF MUNICIPAL CIVIL SERVICE COMMISSION
Appointment effective April 12, 1993 in the Department of Municipal
Civil Service Commission, Carolyn A. Lenczyk, 129 Walter Street, Buffalo 14210
to the Position of Typist, Permanent, at the starting salary of $18,512.
NON-OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES
NON-OFFICIAL COMMUNICATIONS
No. 79
AMERICAN REF-FUEL
Reply to Questions on Occidental contract( Assignment
At the Buffalo Common Council meeting on April 13, 1993, several
concerns and issues about American Ref-Fuel Company's acquisition of Occidental
Chemical's Niagara Falls Energy from Waste Facility (EFW) were raised and
discussed. Since the City of Buffalo is contemplating the renewal of its
contract for waste disposal with the OXYCHEM facility (EFW) we believe it is
appropriate for American Ref-Fuel to address your concerns and issues.
Question 1. What is the schedule for American Ref-Fuel's acquisition of
OXYCHEM's EFW assets?
Current planning for the financial closing in this acquisition is for it
to occur on or about May 5, 1993.
Question 2. Of the 150 jobs at the EFW available, how many will be filled with
the existing EFW employees?
Of the 150 people needed to operate the EFW facility approximately 100
will be employed by American Ref-Fuel Company. The balance of the workers will
be provided through contract service companies.
To date, 75 of the 100 Ref-Fuel positions have been offered to OXY CHEM
employees or existing American Ref-Fuel employees from its other facilities.
Of the people employed by OXYCHEM at the EFW facility approximately 40-45
will or have accepted positions with American Ref-Fuel. About one third of the
remaining employees have chosen to remain with OXYCHEM, volunteer for a
severance package or pursue other career interest outside of OXY or American
Ref-Fuel.
Question 3. Is American Ref-Fuel providing competitive wages and good benefits?
American Ref-Fuel's compensation program is competitive with that of the
best employers in Western New York. The top operations and maintenance
technicians at American Ref-Fuel's operation in Niagara Falls will earn
approximately $19 per hour in wages ($60,000 to $65,000 per year in annual
compensation). The bottom position pay is approximately $12 per hour ($35,000
to $38,000 in annual compensation).
American Ref-Fuel provides the same fringe benefits package to all of its
employees, from the company chairman to the waste receiving attendants. This
package includes company paid medical and dental insurance, life insurance,
short and long disability insurance, and a retirement savings plan along with
other related benefits.
Question 4. Is the business transaction between OXY and Ref-Fuel dependent on
the Buffalo waste disposal contract renewal?
No, American Ref-Fuel will proceed with the acquisition with or without
the Buffalo contract.
The City of Buffalo is an important customer that Ref-Fuel wants a good,
long-term relationship with. However, the pricing offered Buffalo under the
current renewal is significantly below current market rates and the Buffalo
waste can be replaced and, possibly, at better prices from other sources.
Question 5. Will recycling be hurt because the EFW has to have Buffalo waste?
No, it will not!
It is American Ref-Fuel's corporate policy to support the federal EPA and
New York State DEC's recommended solid waste management hierarchy of reduce,
reuse, incinerate and landfill (in that order). ARC encourages its customers to
do the same.
We want you to recycle and want that portion of your waste stream that
remains after recycling.
Question 6. Is American Ref-Fuel hiring Buffalo people as employees.
American Ref-Fuel's first priority was to attract qualified, existing OXY
employees who would be affected by the acquisition. Second, Ref-Fuel advertised
in Erie and Niagara Counties to recruit for the balance of the positions.
Additionally, Ref-Fuel has sought the most qualified people for the jobs
available and if these people come from Buffalo or from Lockport, or from
Niagara Falls, so be it.
I hope this letter has been informative and clarifies some of your
concerns. I would be happy answering any other concerns in person, at anytime,
to provide you with a clear understanding of our operations in Western New
York and how we can provide you and the citizens of Buffalo environmentally
sound waste disposal at competitive prices for the next 25 years.
RECEIVED AND FILED.
No. 80
BAILEY /AMHERST DISTRICT MANAGEMENT ASSOCIATION, INC.
Bailey-Amherst Business improvement District
1993 - 1994 Budget
Attached for your review and consideration, is the proposed budget
for the continued operation of the Bailey Amherst Business improvement
District.
The budget approved by the Board of Directors of the Bailey Amherst
District Management Association, Inc., at its meeting of April 13, 1993 is
submitted to you for inclusion in the 1992 -1993 City Budget. The funds will
be raised by special assessment on the properties within the District in
accordance with the procedures of the City Business Improvement District Law, a
part of the General City Law of the State of New York.
Representatives of the Management Association are available to discuss
the program with you if you so desire.
Thank you for your continued support.
Mr. Fahey moved:
That the communication from the Bailey/Amherst District Management
Association Inc., dated April 15, 1993 be received and filed; and
That the budget, as described in the above communication, for the
continued operation of the Bailey Amherst Business Improvement District be and
hereby is approved for inclusion in the 1992-93 City Budget; funds are to be
raised by special assessment on the properties within the District in
accordance with the requirements of the City Business Improvement District Law.
PASSED.
AYES- 12 NOES- 0.
No. 81
BUFFALO CABLE ACCESS MEDIA
Objectionable Programming on the Public Access Channel
The attached document is Buffalo Cable Access Media's report to
the Common Council, pertaining to the airing of objectionable programming on
the Public Access Channel. This report is in response to the resolution which
was presented by Councilmember James W. Pitts, which was adopted by the full
Council on March 30, 1993.
REFERRED TO THE SPECIAL COMMITTEE ON CATV.
No. 82
BUFFALO CABLE ACCESS MEDIA
Semi Annual Financial and Performance Report
The attached document is Buffalo Cable Access Media's FY 92-93
Financial a Performance Report to the Common Council. This report is in
accordance with our contract to operate and management the public access
channel and facilities.
REFERRED TO THE SPECIAL COMMITTEE ON CATV.
No. 83
BUFFALO ENTERPRISE DEVELOPMENT CORPORATION
BEDC Sale of 744-752 Sycamore Street -Neighborhood Commercial Land Bank
In October of 1991, the City sold 124 vacant parcels on various
commercial arterials to BEDC for $335,000 as Phase I of the Neighborhood
Commercial Land Bank.
Pursuant to the Administration Agreement approved by Your Honorable Body
on 10/29/91, all parcels to be re-sold for commercial development by BEDC shall
be submitted for Council approval with prior consultation with the District
Councilmember. Councilmember Franczyk was supplied with the attached
description of sale on April 19, 1993.
BEDC has received an offer to purchase a contiguous group of three (3)
vacant lots at 744, 746 and 752 Sycamore Street for expansion of an existing
minority owned used auto display and sales operation.
The proposed sale price is $6,000, or $.48/sq. ft.
The proceeds of the proposed sale will be deposited in a trust fund to
maintain and market the remaining parcels and to acquire added parcels from the
City, as per the Agreement. Attached is a description of the transaction.
Your approval is being sought pursuant to the procedure contained in the
Administration Agreement.
REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT.
No. 84
ERIE COUNTY DEPARTMENT OF HEALTH
Proposed Amendments to Sanitary Code
Attached hereto please find copies of two proposed amendments
to the Erie County Sanitary Code. These proposed amendments are hereby filed
pursuant to the Erie County Administrative Code, Section 5.05(b).
A Public Hearing relative to the proposed amendments will be held on
Wednesday, May 26, 1993 at 3:30 P.M. in Room 904 of the Rath County Office
Building, 95 Franklin Street, Buffalo, New York.
RECEIVED AND FILED.
No. 85
MINORITY BAR ASSOCIATION OF WESTERN NEW YORK
Propose Curfew Legislation
This letter is to express the Minority Bar Association of Western
New York's opposition to the concept underlying the proposed "Curfew Law". It
is our belief that there are enough existing laws on the books to deter youth
who are on the streets causing trouble. We are concerned that the proposed law
could have the effect of giving the police authority to arrest and detain youth
who are well behaved and have done nothing wrong aside from being present on
the streets after 11:00 p.m.
We believe that there is a greater danger that the proposed "Curfew Law"
will be enforced in a banner discriminatory to African-Americans. We invite
you to examine the current enforcement practices with respect to the "Open
Container" law and its disproportionate impact upon African-Americans and
Hispanics.
We would like a copy of the proposed legislation once the Corporation
Counsel has developed it. We also wish to be afforded the opportunity to offer
both oral and written comments on the proposed legislation prior to any Council
action being taken, as well as being notified of any public hearings to be held
on the matter.
Please feel free to contact me if you have any questions regarding the
content of this letter.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 86
THOMAS MROZIAK
Concerns - Demolition of 1489 Fillmore
I am writing in behalf of several of your constituents to express
great concern regarding the pending and apparently imminent demolition of
abandoned property located at 1489 Fillmore Avenue. This property, formerly
known as the General Electric Plant, is currently owned by the City of Buffalo.
It is believed to be scheduled for demolition under contract with Integrated
Waste Management Corporation.
I have reviewed both the preliminary Environmental Site Evaluation report
and the Asbestos Pre-demolition Survey Report issued by Monroe Monitoring &
Analysis Corporation in August, 1992. There can be no doubt that substantial
quantities of free asbestos, asbestos bearing composite materials, lead paint
residues, and numerous other toxic chemical waste residues left over from the
previous industrial occupant are located at the site. Given this information,
the contract bid value of of $760,000 seems inordinately low to accomplish both
removal of the toxic chemical residues and the total demolition of the building
according to proper and legally mandated procedures.
There are two reasons for concern expressed by residents in the immediate
neighborhood. First, if proper methodology is not utilized by the contractor
for chemical waste removal and subsequent demolition of the building, then the
potential for release of substantial quantities of airborne asbestos and lead
particulate matter into the immediate surroundings, as well as other highly
toxic heavy metal residues (e.g. rhodium) is probable. This, of course, would
represent an immediate health risk to the residents. Second, given existing
laws which govern proper disposal of chemical waste under the "cradle-to grave"
definition, improper relocation and disposal of toxic chemical residues removed
from the site could result in some future liability to the City of Buffalo
since responsibility under the law would ultimately rest with the last owner of
record, not the contractor.
Your constituents do not oppose the concept of demolition of the site and
subsequent improvement of the neighborhood. However, they want to have real
assurance that the work will be accomplished with their safety in mind, and
with the long-term security of their City in view.
I would be pleased to invite your participation in local meetings with
concerned residents of the area, and I would be happy to lend my expertise to
that purpose. Thank you for your attention to this matter.
REFERRED TO THE COMMITTEE ON FINANCE, THE COMMISSIONER OF INSPECTIONS AND
COMMUNITY REVITALIZATION AND THE CORPORATION COUNSEL.
No. 87
MARGARET MURPHY
CITY COURT JUDGE
Comments on Release of Shooting Suspects
This letter is written in response to the above-referenced Common
Council agenda item. Before responding to this item, I must advise the Council
that, as a judge, I must limit my response to that which would be appropriate
under the provisions of the Code of Judicial Conduct. Under the provisions of
Cannon 3 of the Code,
[a] judge should abstain from public comment about a pending or impending
proceeding in any court, and should require similar abstention on the part of
court personnel subject to his direction and control. This subsection does not
prohibit judges from making public statements in the course of their official
duties or from explaining for public information the procedures of the court.
Since it is not part of my (or, for that matter, any judges') official
duties to respond to inquiries from legislative bodies, my response will be
aimed at "explaining for public information the procedures of the court."
I
WHAT PART OF THE COURT SYSTEM
IS RESPONSIBLE FOR PROVIDING
COUNSEL FOR INDIGENT DEFENDANTS?
In response to your first question, the responsibility to appoint
an indigent defendant with counsel falls upon the State. The Sixth Amendment of
the U.S. Constitution provides that "[i]n all criminal prosecutions, the
accused shall enjoy the right ...to have the Assistance of Counsel for his
defence." The United States Supreme Court in Gideon v. Wainright, 372 U.S. 335
(1963), held that the Fourteenth Amendment of the United States Constitution
obligates the states to provide an indigent defendant with counsel at every
stage of a criminal proceedings.
In New York, the state legislature has delegated this responsibility to
the counties. Section 722 of the County Law requires the counties to provide
for the defense of indigent defendants. Under this section, counties may
fulfill this responsibility through "a plan of a bar association whereby the
services of private counsel are rotated and coordinated by an administrator."
The County of Erie has contracted with two entities to represent indigent
defendants in Buffalo City Court -- The Legal Aid Bureau of Buffalo, Inc.
(commonly referred to as the Public Defender) and Aid to Indigent Prisoners
Society, Inc. (commonly referred to as Assigned Counsel).
Generally, the Public Defender represents most indigent defendants in
Buffalo City Court. Assigned Counsel only represents indigent defendants who
may not be represented by the Public Defender due to conflicts of interest. The
most common conflict to exist involves multiple defendants. When an assigned
counsel is needed on a case the paper work is filled out by a court clerk,
signed by a judge, and mailed to Assigned Counsel.
In Buffalo City Court, the office of the District Attorney plays no role
in the assignment of attorney for indigent defendants. Although it was reported
by the Buffalo News that I released the two suspects in the LaNova shooting
because "the district attorney's office had failed to provide them with
attorneys," that report was inaccurate.* I have enclosed a copy of the court's
transcript and direct the Council's attention to page eleven, lines 11 - 18 in
which I stated that:
I recognize there are limitations on the district attorney's office.
However, the district attorney's office has to be aware of the fact that there
are many things out of their control ... out of ... control of the district
attorney himself- but that are chargeable to the State of New York.
The District Attorney's office bears no direct responsibility in the
release of these two defendants. The District Attorney's office was ready to
run a felony hearing; however, the hearing could not proceed against two of the
three defendants because they were not represented by counsel. A felony
hearing, however, did proceed against the one defendant who was represented by
the Public Defender.
II
WHY WAS THIS CASE NOT PRESENTED
TO A GRAND JURY FOR INDICTMENT?
In response to your second question, I would not be able to comment.
The question does not relate to any proceedings before my court. In addition,
the only information which I have relating to this question is contained in the
court transcript on pages 14, 15, and 18-19. I will allow the record to speak
for itself.
*I do not fault the reporter for the Buffalo News who inaccurately
characterized my ruling. As you will see from the transcript, there were many
legal issues raised by myself and the assistant district attorney during the
course of oral argument. I can easily see how the distinction between the
District Attorney's role in representing the People of the State of New York
and the State's role in securing an indigent defendant with counsel might have
confused the reporter as to what role the District Attorney plays in the
assignment of counsel for indigent defendants. I hope that this letter will
clarity this issue.
III
AS TWO FELONS WITH EXTENSIVE CRIMINAL RECORDS WERE RELEASED INTO THE COMMUNITY
WITHOUT BAIL, HOW CAN THIS BE PREVENTED IN THE FUTURE?
Before I respond to this third question, I would like to clear
up another inaccuracy regarding this case. One of the two defendants who had
been released had no criminal record. The other defendant had, to the best of
my recollection, only one criminal conviction. I cannot relay any more
information on the criminal history of these two defendants for two reasons.
First, because the case is no longer pending before me, I am not allowed any
further access to these criminal histories. Second, under state law, criminal
rapsheet is a confidential document from the time it is generated by the State
Division of Criminal Justice Services until the time it is destroyed. According
to regulations promulgated by the Chief Administrator of the Unified Court
System, a criminal rapsheet never becomes a document accessible to the public
and should not be retained in a file to which the public has access. I am
unaware how such information was obtained by Councilmember Coppola, but his
sources are clearly inaccurate. Nonetheless, the remaining part of
Councilmember Coppola's third question is thoughtful and deserves a response.
As I stated earlier, when an assigned counsel is needed on a case the
paper work is filled out by a court clerk, signed by a judge, and mailed to
Assigned Counsel. Apparently, in this case the paper work was delayed in the
mail. The paper was filled out by a court clerk and signed by me on a Monday
holiday. The paper work, consequently, was not mailed until Tuesday and did not
reach the Assigned Counsel office until Saturday, a day after the hearing had
been scheduled.
Under the Criminal Procedure Law, a defendant who is held in custody on a
felony complaint must be released on his own recognizance if he has been in
custody for 120 hours (in some cases 144 hours) and if a felony hearing has not
been conducted. There are three exceptions to this rule. The first exception is
that the failure to dispose of the felony complaint or to commence a hearing
thereon during such period of confinement was due to the defendant's request,
action or condition, or occurred with his consent. Courts in New York have
uniformity ruled that this exception does not apply to delays attributed to the
assignment of counsel for an indigent defendant. The second exception applies
to case's where a defendant has already been indicted. This exception did not
apply to the case at issue. The third exception consists of some compelling
fact or circumstance which precluded disposition of the felony within the
prescribed period or rendered such action against the interest of justice. This
case law which has interpreted this exception also requires the District
Attorney to make a request for a reasonable adjournment. The only reasons why
this exception did not apply to the case at issue was that the District
Attorney's office was unable to request an adjournment to a day when they would
be certain that the defendants would have assigned attorneys.
I have explored with my fellow judges, our chief clerk and the
administrator for the Assigned Counsel office how this situation can be avoided
in the future. We have all agreed that the following steps will be taken. City
Court has recently received a fax machine. It is my understanding that the
Assigned Counsel office also has a fax machine which is not working. Once
working, the requests for assigned counsel will be faxed to the Assigned
Counsel office.
Another step which has been implemented to ensure the assignment of
counsel for indigent defendants awaiting felony hearings is that a clerk from
City Court will call the day before a hearing is scheduled to find out who has
been assigned to these defendants' cases. If no assignment has been made, then
a City Court judge will be able to appoint an attorney from the pool of private
attorneys sent to the City Court on that day from the Assigned Counsel office.
If this step had been implemented before the LaNova case, I would have been
advised that no assignment of counsel had been made for either defendant and
would have been able to appoint two private attorneys who had been scheduled to
appear in City Court on the day of the hearing. Unfortunately, by the time I
had learned that no assignment had been made, no private attorneys were in any
Parts of City Court.
CONCLUSION
In conclusion, I would like to comment upon a statement made by
Councilmember Coppola in a letter published in the Blue Line. Councilmember
Coppola writes, "Judges must be made to understand how demoralizing and
upsetting a decision like this can be to the officers on the street and to the
public." I assure you that I, as well as other judges, understand the impact of
our decisions. These type of decisions do not come easily. There is a great
burden of responsibility which each judge must shoulder in rendering unpopular
decisions. Each of us knows that we, along with our families and friends, must
suffer the criticism of both public and private individuals. Nonetheless, we
each take an oath of office that we will uphold the laws of this country and
this state. We are bound by a Code of Judicial Conduct which says that we shall
be "unswayed by partisan interests, public clamor, or fear of criticism. " The
greatest threat to our democracy is a judge who exalts himself above the law
and does only what he thinks is right. With the strength and independence of
our judiciary rest the strength of our nation.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 88
NATIONAL FUEL
Reply to Inquiry on Policies
Attached is a memo from our Mr. Robert Culp referring to "NFG
Policies" (Item #170 C.C.P. April 13, 1993). I regret that, in the interest of
time, National Fuel Gas' representatives could not extensively address the
Council's concerns relative to this matter. However, let it be known that at
any future date, with ample notice, we would welcome the opportunity to discuss
concerns of the Council and/or our customers.
If you have any questions, please do not hesitate to phone.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 89
NYS URBAN DEVELOPMENT CORP.
Western New York Office Space
Vincent Tese asked me to respond to your note concerning the "Western
New York Office Space" resolution adopted by the Common Council.
To clarify some apparent misunderstandings, UDC is not building a 450,000
square foot office building in Amherst nor is it subsidizing any office
development. The office park site plan that the Town of Amherst has recently
approved is located within the UDC-owned Audubon New Community which has been
in existence since 1973. Known as Bryant Woods, this 66-acre parcel that has
been scheduled for such development since 1987. UDC installs the necessary
infrastructure (i.e. roads, sewers and utilities) and sells the land at market
rates to private companies who want to build their own facilities.
I hope this is responsive to your concerns.
RECEIVED AND FILED.
No. 90
PEST MANAGEMENT BOARD
Reply to EPA Comments on Use of Sevin
The following are the comments of the Buffalo Pest Management
board on the recent response from the Environmental Protection Agency to
inquiries about management of our Elm Tree population. This document includes:
* Summary Cover letter
* PMB analysis of the EPA response
* PMB health effects analysis of carbamate pesticides
* PMB pesticides health effects table
* New Jersey Carbaryl Hazardous Substance Fact Sheet
* PMB Integrated Pest Management Plan for Elm Trees
In summary, our comments are:
I. We were pleased to see that EPA "supports the approach of seeking least
toxic treatment methods and is actively working to advance the science and
practice of Integrated Pest Management." The Pest Management Board has already
contacted many of the resources suggested by EPA such as the Cooperative
Extension and the Bio-Integral Resource Center. The Pest Management Board
stands ready to assist the Parks Department and the Council in developing a
sustainable, cost-effective least toxic program for maintaining and improving
Buffalo's tree population.
II. Given EPA's comments that carbaryl:
A. is toxic to mammals (1993 Fact sheet Update),
B. causes birth defects in dogs (19882 report),
C. is currently the subject of two studies being evaluated by EPA which
indicate it is carcinogenic (Update),
D. may be a developmental toxicant (Update),
E. is extremely toxic to aquatic invertebrates and certain estuarine
organisms (Update),
F. has caused renal and kidney dysfunction in rat, dog and human studies
(Update),
G. does not have a complete risk assessment due to data gaps (Update),
We think it is clear that this is too risky a substance to spray and risk
exposure of our children, pets, flora, fauna, sewage treatment system and other
resources.
III. Further, it is critical to note that even EPA's most supportive statement
concerning carbaryl is that "At present, used according to label instructions,
carbaryl is not expected to cause unreasonable adverse effects, either to human
health or the environment. Under the regulatory standard of the federal
Insecticide Fungicide and Rodenticide this means:
A. At present... several studies are still outstanding on this substance,
further spraying of Sevin runs the risk that future studies or existing studies
under evaluation will reveal additional adverse health effects. The data gaps
for this substance places workers, residents, children, pets and the
environment at an unknown risk and exposes the city to an unknown financial
liability.
B. unreasonable adverse effects... it is clear from the EPA response,
that carbaryl causes adverse health effects, however, in order to ban a
substance under FIFRA, EPA must show that the effects are unreasonable, given
economic or other benefits. EPA rarely snakes that determination. Given that
the city of Buffalo can and has maintained its elm trees without Sevin, we
believe that any adverse health effects from Sevin in Buffalo are unreasonable
because they are avoidable.
C. When used according to label instructions... even EPA'S weak
endorsement of overall use assumes proper application. Questions still remain
about the expiration date of the product the city has had for approximately
eight years. The best information we have from Cornell indicates that the
product can only be properly used for "several years". While the substance we
have is probably still lethal to elm leaf beetles and other organisms, and
still contains some carbaryl, it is unclear what breakdown products and other
substances are in the mixture. Also, questions still remain as to the ability
of the Parks Department to make proper applications because loss of expertise
and personnel due to budget cutbacks and retirements.
IV. EPA's response is incomplete. It does not contain any information on
toxic substances labeled as "inert" in carbaryl. We have attached additional
information on inert and other health related information that the PMB has
collected through its research.
Overall, we appreciate EPA's information and its endorsement of least
toxic approaches and Integrated Pest Management. Last year the PMB provided a
comprehensive plan to the city for an integrated pest management approach to
our elm trees. This plan was based upon four tenets wholly consistent with the
EPA letter:
Monitoring- A scientific assessment of the pest problem is essential to proper
application and a judgment of costs, benefits and risks.
Training- Proper training of workers is essential to safe and effective use of
any pesticide product.
Public Participation- Given the city's current lack of resources and the
benefit of simple tasks such as watering trees during a hot
summer, public participation can be critical to maintaining our trees. In
addition, proper notification and education of the public are likely to lessen
the political problems caused by poor communication the past few years.
Least Toxic Treatment- EPA fully endorses least toxic approaches.
We have never received an analytical or comprehensive response to our
proposal. We have also not received any indication from Commissioner
Buczkowski of his management plans for 1993. In addition, the City
Environmental Management Council has indicated that any city plan to spray
toxic substances to control Elm Leaf beetles is subject to public hearings and
other review under state law. As far as we know, no action has been taken to
comply with the law.
We believe aggressive action by the council and the Executive to
implement past recommendations of the PMB can still provide Buffalo with a Elm
Tree pest management strategy that is cost-effective, protects the environment
and improves our tree population. We believe that the adverse health effects
detailed in the EPA materials are unreasonable risks for the children, pets and
wildlife of our city.
REFERRED TO THE COMMITTEE ON LEGISLATION AND THE COMMISSIONER OF PARKS.
No. 91
PRIVATIZATION FOR AMERICA, INC.
Request Placement on Procurement Lists
Privatization For America, Inc. (PFA) is a professional advisory
firm established to assist governments in structuring the public/private
finance and development of public facilities, infrastructure, and services.
Our expertise encompasses the privatization industry as well as real
estate consultancy. PFA views the privatization of services as only one of nine
types of privatization for governments to generate nontax revenue and reduce
operational costs. The principals of the firm recently developed the
Comprehensive Privatization Program (CPPsm) for governments to use the above
mentioned nine types of privatization in identifying privatization
opportunities. Typically, 75 to 150 privatization opportunities are identified.
Each opportunity is then analyzed from various perspectives, such as the public
sponsor, private capital markets, the voters, the political arena, and the
media. For each of the privatization opportunities selected by the public
sponsor and which are financially viable, implementation plans are developed.
PFA has recently formed an alliance with Phoenix Consulting, Inc. (PCI).
PCI is one of the nations leading real estate experts for real estate
regulatory agencies such as the Resolution Trust Corporation (RTC) and the
Federal Deposit Insurance Corporation (FDIC). PCI has had on-site management
responsibility for 13 receiverships in the Gulf Coast Consolidated Office of
the RTC, managing approximately 1,000 employees and nearly $6 billion in
assets. PCI's Atlanta office is responsible for 25 receiverships with nearly $5
billion in assets.
The alliance of PFA and PCI provides governments with all the qualities
of PFA's specialized privatization services and the depth of personnel and
technical resources of a large real estate advisory firm. In addition,
governments will also have direct access to PFA's and PCI's state-of-the-art
financial and economic models and proven real estate asset management systems.
We would like to be placed on all procurement lists with the correct
departments and authorities regarding privatization and real estate advisory
services. If there is any additional information that is requested, do not
hesitate to contact me or John Stainback.
REFERRED TO THE COMMISSIONER OF GENERAL SERVICES.
No. 92
PUBLIC MANAGEMENT GROUP
Report-Fire Study
Chief Joe Donovan has been keeping track of the extent to which
the department has been implementing the recommendations from the Jackson fire
study. I've attached the department report. PMG's reports typically contain a
broad range of recommendations. Some are rather easy to implement while others
are more complex and more technically and politically difficult to accomplish.
All of our recommendations are designed to ensure that citizens will receive
the most cost-effective service possible.
RECEIVED AND FILED.
No. 93
JAMES T. SANDORO
Oppose Use of Ellicott Management Property for Parking Lot
On behalf of interested property owners of the area adjacent to
the property which is the subject of this appeal, we oppose the appeal of
Ellicott Management for permission to convert and use the property as a
commercial parking lot.
We submit herewith a petition from residents and property owners of the
neighborhood adjoining the property which is the subject of the appeal as well
as a petition from various tenants of the property in question, which petitions
evidence the opposition of the interested parties to the use of the property as
a commercial parking lot.
The subject property is located in an R-3 Dwelling District and the
proposed use is not a permitted use in an R-3 Dwelling District. The appeal
should be denied since there exist no grounds permitted under the Zoning
Ordinance of the City of Buffalo for the granting by this Board of the relief
requested. There has been no error or misinterpretation by the Department of
Inspections and Licenses and no practical difficulties or unnecessary hardships
exist which would justify the granting of an area variance. The decision of
the Department of Inspections and Licenses to deny the appellant's application
for a permit was proper and should be affirmed.
Thank you for your consideration.
REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CORPORATION COUNSEL.
No. 94
NONNA SHTIPELMAN
Demolition of G.E. Building 1489 Fillmore
This letter is intended to express my concern with regard to the
demolition of the "G.E. building" located at 1489 Fillmore Avenue. I have had
an opportunity to review the reports prepared by William Sandvick
(Environmental Safety Specialist), of Monroe Monitoring & Analysis, Inc., on
behalf of the City of Buffalo, and am particularly concerned with the
following:
Chemical Constituents On-Site: There are a number of chemical
constituents located within the building; many are unidentifiable. Without an
accurate identification and evaluation of chemical properties, disturbances
created by asbestos removal (which must be undertaken prior to actual
demolition) and demolition itself, may lead to unanticipated chemical
reactions, many of which will subject area workers and residents alike to
significant health risks. Careful removal of chemical constituents must be
undertaken to ensure the safety of both demolition workers and neighboring
communities.
Baiting of the Building: Pursuant to the Buffalo City Code, the building
must be baited prior to any further work on-site. I have spoken to the Building
Inspector (L. Shiavoni--- apologies for spelling errors), who advised me that
baiting would commence upon the removal of asbestos. This is inconsistent with
the Buffalo City Code, and as such may not be done.
Overall Cost of the Project: The initial contract specified a total cost
of approximately $472,000. Upon surveying area chemical disposal facilities and
reviewing the report prepared by Monroe Monitoring, the above cost appears
inconsistent with the work to be done, i.e., baiting, chemical lab packing,
asbestos removal, demolition, post demolition site clean-up, transportation
costs, labor cost, bonds and insurance, etc.
Further, as per my conversation with the Building Inspector, the cost of
chemical constituent removal was not considered in the initial contract with
Integrated Waste Systems. The potential risk posed by interaction between the
unidentifiable chemical constituents comprises the primary concern in the
report prepared by Monroe Monitoring, on behalf of the City of Buffalo;
accordingly the City should have taken all necessary steps to ensure the safe
removal and disposal off-site. That the City of Buffalo has disregarded the
primary concern of the report which it itself commissioned is both negligent
and inexcusable.
I understand the contract has yet to be completed, i.e., signed and
executed; I have been further informed that Anthony DeFranks of IWS is meeting
with City officials today (22 April 1993) to complete contract negotiations. As
one of a number of concerned citizens, I look forward to both a response to
this communication, and as well, an opportunity to take meaningful part in the
decision-making process, which will ultimately have significant effect upon my
community and surrounding areas alike.
Please be advised that this letter is written with only three (3) hours
notice. I spoke to George K. Arthur this morning (22 April 1993) who advised me
of a 2:00 P.M. deadline for communications regarding the demolition of the
buildings. Although this communication serves as an initial expression of my
concerns, communications in further detail will follow.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE ENVIRONMENTAL MANAGEMENT
COMMISSION, THE COMMISSIONER OF INSPECTIONS AND COMMUNITY REVITALIZATION AND
THE CORPORATION COUNSEL.
No. 95
DONALD VINCENT
Resignation- Radio Access Committee
Since I will be moving out of Buffalo and Erie County next month,
I regretfully hereby resign my appointment to the Radio Access Committee.
RECEIVED AND FILED.
PETITIONS
No. 96
St. Francis Geriatric, owner, petition to use 2787 Main for
an illuminated ground sign.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD,
AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT.
No. 97
Gail Witthoff & O - William/Lovejoy bus route.
REFERRED TO THE COMMITTEE ON LEGISLATION.
REGULAR COMMITTEES
CIVIL SERVICE
HON. JAMES W. PITTS
CHAIRMAN
No. 98
Salary Ordinance Amendment/Civil Service Commission
(Item # 181 C.C.P., Mar 16, 1993)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 99
Appointment
Executive/Senior Citizen Aide
That Communication No 13 C.C.P., Apr 13, 1993 be received and
filed and the Provisional appointment of Louise J. Evans stated above at the
Intermediate salary $19,518.00 effective on Mar 30, 1993 is hereby approved.
PASSED.
AYES- 12 NOES- 0.
No. 100
Appointment
Public Works/Senior Account Clerk Typist
That Communication No 46 C.C.P., Apr 13, 1993 be received and
filed and the Temporary appointment of Linda J. Jernatowski stated above at the
Maximum salary $22,237.00 effective on Apr 5, 1993 is hereby approved.
PASSED.
AYES- 12 NOES- 0.
No. 101
Appointment
Public Works/Painter
That Communication No 47 C.C.P., Apr 13, 1993 be received and
filed and the Permanent appointment of Lawrence VanMeer stated above at the
Maximum salary $24,536.00 effective on Mar 29, 1993 is hereby approved.
PASSED.
AYES- 12 NOES- 0.
No. 102
Appointment
Street Sanitation Department/Laborer II
That Communication No 59 CCP Apr 13, 1993 be received and filed
and the Permanent appointment of Timothy R. Reid stated above at the
Non-Competitive salary $9.62hr. effective on Mar 29, 1993 is hereby approved.
PASSED.
AYES- 12 NOES- 0.
No. 103
Appointment
Street Sanitation/Truckdriver
That Communication No 60 CCP Apr 13, 1993 be received and filed
and the Temporary appointment of Richard D Petruzzi stated above at the
Intermediate salary $20,994.00 effective on Mar 31, 1993 is hereby approved.
PASSED.
AYES- 12 NOES- 0.
No. 104
Appointment
Street Sanitation/Motor Equipment Mechanic
That Communication No 62 CCP Apr 13, 1993 be received and filed
and the Permanent appointment of William T. Orr stated above at the
Intermediate salary $24,464.00 effective on Mar 29, 1993 is hereby approved.
PASSED.
AYES 12 NOES- 0.
No. 105
Notices Of Appointments (C.Clerk)
(Item # 86 C.C.P., Apr 13, 1993)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
FINANCE
HON. DAVID A. COLLINS
CHAIRMAN
No. 106
RFP's/Housing Preservation Study (C.Clerk)
(Item # 55 C.C.P., Mar 2, 1993)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 107
Fire Manpower Utilization Contract Award
(Item No. 169, C.C.P., Mar. 30, 1993)
That the above item be, and the same hereby is returned to the
Common Council without recommendation.
Mr. Collins now moved:
That this Common Council negotiate a contract with Public Management
Group to conduct the Administrative Cost and Manpower Utilization study in the
Buffalo Fire Department; and
That the Common Council approves the establishment of a Steering
Committee to manage and oversee the proposed study. This committee will
consist of representatives from the City Administration, Common Council; Local
282 Firefighters Union and citizens; and
That the Common Council authorizes the Steering Committee to negotiate
guidelines for conducting a station location analysis as part of the overall
Fire Department Study.
ADOPTED.
No. 108
Local 282 Oppose Manpower Utilization Contract Award
(Item No. 94, C.C.P., Mar. 30, 1993)
That the above item be, and the same hereby is returned to the
Common Council without recommendation.
Mr. Collins now moved:
That the above item be and the same is hereby received and filed.
ADOPTED.
No. 109
New York State Division of Youth Projects
(Item No. 189, C.C.P., Mar. 30, 1993)
That the above item be, and the same hereby is returned to the
Common Council without recommendation.
Mr. Collins now moved:
That such application to establish a Youth Board, Youth Services and
Recreation programs for the period of January 1, 1993 through December 31,
1993, is in all respects approved and James D. Griffin, Mayor, City of Buffalo,
is hereby directed and authorized to duly execute and present the said
application to the New York State Division for Youth for its approval.
PASSED.
AYES-12 NOES- 0.
No. 110
New York State Division For Youth Projects
(Item # 80 C.C.P., Apr 13, 1993)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 111
Memo of Understanding Use War Memorial Stadium
(Item No. 48, C.C.P., Nov. 24, 1993)
That the above item be and the same is hereby returned to the
Common Council without recommendation.
Mr. Collins now moved:
That the above item be and the same is hereby received and filed.
ADOPTED.
No. 112
Memorandum of Understanding Negotiations
War Memorial Stadium Site Renovations
(Item No. 54 C.C.P., 4/13/93)
That the above item be and the same hereby is returned to the
Common Council without recommendation.
Mr. Collins now moved:
That the Commissioner of Community Development with the approval of the
Corporation Counsel, be, and he hereby is, authorized to enter into a
Memorandum of Understanding with the Buffalo Board of Education regarding the
long term use of such site by the Board, and that the final form of such
Memorandum of Understanding be submitted to the Common Council for review and
approval.
PASSED.
AYES- 12 NOES- 0.
No. 113
Administration Commitment To Spending Cuts (Mayor)
(Item # 5 C.C.P., Apr 13, 1993)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 114
District Heating Agreement - Erie County Rath Building
(Item No. 37, C.C.P., Apr. 13, 1993)
That the Mayor, be and he hereby is, authorized and directed to
execute an agreement between the City of Buffalo and the County of Erie to
provide district heating to the Rath Building, which agreement shall be
substantially in the form of agreement therefor as has been submitted to the
Common Council with the communication of March 25, 1993 from the Commissioner
of Public Works (Item No. 37, C.C.P., April 13, 1993).
PASSED.
AYES- 12 NOES- 0.
No. 115
Pedestrian and Bicycle Comprehensive Safety Program
(Item No. 38, C.C.P., Apr. 13, 1993)
That authorization is hereby granted to the appropriate officer
of the City of Buffalo to accept a grant in the amount of $74,775 ("Grant")
from the New York State Governor's Traffic Safety Committee for the purpose of
implementing a pedestrian and bicycle comprehensive safety program (the "Safety
Program").
That the Commissioner of Public Works, be and hereby is, authorized to
enter into an agreement to engage Ms. Francina Cartonia to provide the services
of project director for the Safety Program at a base cost not to exceed $40,000
per year plus 25% thereof for fringe benefits, which costs, along with costs to
the City of Buffalo for police, engineering and administrative services, shall
be reimbursed to the City of Buffalo from the proceeds of the Grant.
That the Comptroller, be and he hereby is, authorized to provide an
interfund cash loan in the amount of the Grant to the Department of Public
Works for the purpose of funding the Safety Program, and that the proceeds of
the Grant shall be used to repay such loan as such proceeds are received.
PASSED.
* -AYES- AMOS, ARTHUR, BELL, COLLINS, COPPOLA, FRANCZYK, HIGGINS, LOTEMPIO,
PERLA, PITTS- 10.
NOES- ZUCHLEWSKI- 1.
* Mr. Fahey abstained from Voting on This Item.
No. 116
Assign Contract Occidental Chemical Corp.
(Item No. 48, C.C.P., Apr. 13, 1993)
That the above item be, and the same hereby is returned to the
Common Council without recommendation.
Mr. Collins now moved:
That the Commissioner of Public Works be authorized to consent to the
assignment of the solid waste disposal contract from Occidental Chemical
Corporation to American Ref-Fuel of Niagara L.P., subject to approval of the
form of the consent and assignment by the Corporation Counsel.
PASSED.
AYES- AMOS, ARTHUR, BELL, COLLINS, COPPOLA, FRANCZYK, HIGGINS, LOTEMPIO, PITTS
- 9.
NOES- FAHEY, PERLA, ZUCHLEWSKI- 3.
No. 117
Report of Bids - Sidewalk Replacement
(Item No. 57, C.C.P., Apr. 13, 1993)
That the Commissioner of Community Development be, and he hereby
is authorized to award the contract for Sidewalk Replacement-North, South &
Ellicott Districts to Cemulini Pecoraro Construction Corporation, the lowest
responsible bidder, in the amount of $240,200. Funds for this work are
available in Capital Project Account No. 200-717-003.
The Sidewalk Replacement contract is based on estimates of quantity of
material needed - that estimated quantity is likely to increase - Therefore,
the Common Council authorized the Department of Community Development to change
the contract to spend up to, but not to exceed:
South District $150,000
North District 150,000
Ellicott District 20,000
PASSED.
AYES- 12 NOES- 0.
No. 118
Information On Junk Vehicle Auctions (A&F)
(Item # 73 C.C.P., Apr 13, 1993)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 119
Revision Collections Procedure (A&F)
(Item # 75 C.C.P., Apr 13, 1993)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 120
Establish Personnel Department (A&F)
(Item # 76 C.C.P., Apr 13, 1993)
That the above mentioned Item be and the same is hereby referred
to the Civil Service Committee.
ADOPTED.
LEGISLATION
HON. ALFRED T. COPPOLA
CHAIRMAN
No. 121
Propose Demolition Of Great Northern Elevator (Pres. Bd.)
(Item # 135 C.C.P., Mar 16, 1993)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 122
Encroach Sign - 862 Fillmore Avenue
(Item No. 42, C.C.P., Mar. 30, 1993)
That the above item be, and the same hereby is returned to the
Common Council without recommendation.
Mr. Coppola now moved:
That the Commissioner of Public Works be and he hereby is, authorized to
issue a "mere license" to Mr. Faisal Alkhatib, owner of A.I.N.O. Foods, a
grocery store located at 862 Fillmore Avenue, to install a sign which would
encroach city right-of-way at said address, subject to the following
conditions.
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) construction in street bond or certificate of insurance 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.
PASSED.
AYES- 12 NOES- 0.
No. 123
F. Alkhtib/Encroach Right-of Way/862 Fillmore (CPBD)
(Item # 11, C.C.P., Apr 13, 1993)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 124
Encroachments - 1346-48 Kenmore Avenue
(Item No. 44, C.C.P., Mar. 30, 1993)
That the Commissioner of Public Works be and he hereby is, authorized
to issue a "mere license" to Mr. William Julicher, owner of Kenmore Auto Sales,
at 1346-48 Kenmore Avenue, for existing encroachments which encroach city
right-of-way at said address, subject to the following conditions.
1. That the applicant obtain any and all other City of Buffalo permits
necessary for said installation.
2. That the encroachments be certified as structurally sound by a
professional engineer as per Department of Public Works, Division of Buildings
specifications.
3. That the applicant supply the City of Buffalo with a five thousand dollar
($5,000) construction in street bond or certificate of insurance 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
light standards and/or sign.
PASSED.
AYES- 12 NOES- 0.
No. 125
W. Julicher/Encroach Right-of-way 1346 Kenmore (CPBD)
(Item # 12, C.C.P., Apr 13, 1993)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 126
Encroach Awning - 372 Amherst Street
(Item No. 42, C.C.P., Apr. 13, 1993)
That the Commissioner of Public Works be and he hereby is, authorized
to issue a "mere license" to Mr. Sam Gioeli, owner of Luigi's Sicilian Village
Restaurant at 372 Amherst Street, to install an awning which would encroach
city right-of-way at said address, subject to the following conditions.
1. That the applicant obtain any and all other City of Buffalo permits
necessary for said installation.
2. That the awning 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) construction in street bond or certificate of insurance 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
awning.
PASSED.
AYES- 12 NOES- 0.
No. 127
Encroach Sidewalk Cafe - 1224 Hertel Avenue
(Item No. 43, C.C.P., Apr. 13, 1993)
That the Commissioner of Public Works be and he hereby is, authorized
to issue a "mere license" to Mr. Keith Hughes, owner of Jerry's Seafood
Restaurant, located at 1224 Hertel Avenue, to install a sidewalk cafe which
would encroach city right-of-way at said address, subject to the following
conditions:
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 30 feet in length or extend more
than ten 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) construction in street bond or certificate of insurance 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.
PASSED.
AYES- 12 NOES- 0.
No. 128
Encroach Awning - 298 Main Street
(Item No. 44, C.C.P., Apr. 13, 1993)
That the Commissioner of Public Works be and he hereby is, authorized
to issue a "mere license" to Mr. Joseph Romanello, owner of Dogwoods & More
Restaurant, at 298 Main Street, to install an awning which would encroach city
right-of-way at said address, subject to the following conditions.
1. That the applicant obtain any and all other City of Buffalo permits
necessary for said installation.
2. That the awning 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) construction in street bond or certificate of insurance 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
awning.
PASSED.
AYES- 12 NOES- 0.
No. 129
Encroach Awning - 3173 Main Street
(Item No. 45, C.C.P., Apr. 13, 1993)
That the Commissioner of Public Works be and he hereby is, authorized
to issue a "mere license" to Mr. Joseph Calamita, Jr., owner of Calamita's Deli
& Pizzeria, at 3173 Main Street, to install an awning which would encroach city
right-of-way at said address, subject to the following conditions.
1. That the applicant obtain any and all other City of Buffalo permits
necessary for said installation.
2. That the awning 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) construction in street bond or certificate of insurance 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
awning.
PASSED.
AYES- 12 NOES- 0.
No. 130
Buffalo Place/Favor Outdoor Cafe 5 Genesee
(Item # 90, C.C.P., Apr 13, 1993)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 131
Police Reorganization Update (Pol)
(Item # 51, C.C.P., Mar 30, 1993)
That the above mentioned Item be and the same is hereby referred
to the Committee of the Whole.
ADOPTED.
No. 132
Request Ashland Avenue - Play Street
(Item No. 166, C.C.P., Mar. 16, 1993)
That the above item be, and the same hereby is returned to the
Common Council without recommendation.
Mr. Coppola now moved to recommit to the Committee on Legislation.
ADOPTED.
No. 133
Turn Ashland Into Play Street (PW)
(Item # 46, C.C.P., Mar 30, 1993)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 134
Turn Ashland Into Play Street (Fire)
(Item # 54, C.C.P., Mar 30, 1993)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 135
Turn Ashland Into Play Street (CC)
(Item # 61, C.C.P., Mar 30, 1993)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 136
Ashland Block Club/Clarify Play Street Request
(Item # 86, C.C.P., Mar 30, 1993)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 137
Termination Of R. Makowski
(Item # 142, C.C.P., Mar 2, 1993)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 138
Termination Of R. Makowski (A&F)
(Item # 84 C.C.P., Mar 16, 1993)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 139
Buffalo Urban Renewal Agency Payroll Policy
(Item No. 168, C.C.P., Mar. 16, 1993)
That the Buffalo Common Council request the Buffalo Urban Renewal
Agency to enter into an agreement with the Comptroller's office to administer
payroll operations.
ADOPTED.
No. 140
Appointment of Member
Buffalo Preservation Board
(Item No. 4, C.C.P., Apr. 13, 1993)
That the appointment of Brian P. Brady, A.l.A., residing at 96
Linden Avenue, Buffalo, 14214, as a member of the Buffalo Preservation Board
effective April 2, 1993 for a term expiring August 31, 1995, be and hereby is
confirmed.
ADOPTED.
No. 141
HRM Discontinue Parkland/Tyler Park (Mayor)
(Item # 6, C.C.P., Apr 13, 1993)
That the-above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 142
New York State Thruway Authority
Niagara Viaduct Reconstruction
(Item No. 39, C.C.P., Apr. 13, 1993)
That the Common Council of the City of Buffalo does hereby authorize
the New York State Thruway Authority to utilize the following streets as
detours during the periods of necessity:
a) Louisiana Street from Seneca Street to South Park Avenue
b) South Park Avenue from Washington Street to Hamburg Street
c) Hamburg Street from South Park Avenue to Swan Street
d) Washington Street from South Park Avenue to South Division Street
e) Swan Street from Washington Street to Hamburg Street
f) South Division Street from Church Street to Elm Street
g) North Division Street from Church Street to Michigan Avenue
h) Oak Street from Seneca Street to Clinton Street
i) Michigan Avenue from Seneca Street to North Division Street
j) Seneca Street from Oak Street to Hamburg Street
k) Elmwood Avenue from Church Street to Niagara Street
l) Niagara Street from Carolina Street to Niagara Square
m) Delaware Avenue from Niagara Square to Church Street
That the City of Buffalo will continue to provide routine maintenance on
the above mentioned streets, including snow and ice removal, and maintenance of
traffic signals; and
That the City Clerk be, and hereby is directed to transmit two (2)
certified copies of this resolution to the New York State Thruway Authority.
PASSED.
AYES- 12 NOES- 0.
No. 143
Insurance Increase Due To Fire House Closings (Fire)
(Item # 49, C.C.P., Apr 13, 1993)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 144
Erie County Environmental Planning/Hazard At Cargill
(Item # 93, C.C.P., Apr 13, 1993)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 145
Agreement for Clean-up of Kensington Expressway
(Item No. 183, C.C.P., Apr. 13, 1993)
That the Common Council request that the Commissioner of Street
Sanitation with the assistance of the Corporation Counsel negotiate an
arrangement with the Erie County Commissioner of Social Services to use
"H.I.R.E." workers in a clean-up and maintenance effort along the Kensington
Expressway; and
That the New York State Department of Transportation be included in these
negotiations to formally determine responsibilities for proper maintenance of
the Kensington Expressway within the city limits.
ADOPTED.
ECONOMIC DEVELOPMENT
HON. CLIFFORD BELL
CHAIRMAN
No. 146
Lead Task Force/Request Block Grant Funding
(Item # 93 C.C.P., Mar 30, 1993)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 147
CAIC/Seek Developer Design/Firehouse
(Item # 70 C.C.P., Nov 10, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 148
CAIC Designation as Developer (CD)
(Item # 37 C.C.P., Dec 8, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 149
CAIC/Designation as Developer (Compt)
(Item # 16 C.C.P., Jan 5, 1993)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 150
Buffalo Fire Historical Society/Firehouse 421 Best
(Item # 87 C.C.P., Feb 16, 1993)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 151
Buffalo Fire Historical Society/Interest In 421 Best (Compt)
(Item # 17 C.C.P., Mar 16, 1993)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 152
New Housing Project Policy/Construction/Developers
(Item # 161 C.C.P., Dec 23, 1991)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 153
Construction/Developer Selection Policy/New Housing (Compt)
(Item # 24 C.C.P., Jan 21, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 154
Construction/Developer Selection Policy/New Housing (ICR)
(Item # 67 C.C.P., Feb 18, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 155
CAIC/Various Neighborhood Complaints
(Item # 71 C.C.P., Nov 10, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 156
Response To CAIC Complaints (Compt)
(Item # 28 C.C.P., Nov 24, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 157
Response To CAIC Complaints (Pol)
(Item # 38 C.C.P., Nov 24, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 158
Response To CAIC Complaints (STS)
(Item # 56 C.C.P., Nov 24, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 159
HOME Funding for Towne Gardens Rehabilitation
(Item No. 67, C.C.P., Apr. 13, 1993)
That the Commissioner of Inspections and Community Revitalization
be and hereby is authorized to provide $220,000 in HOME Program funding for the
rehabilitation of Towne Gardens II.
PASSED.
AYES- 12 NOES- 0
CATV
HON JAMES W. PITTS
CHAIRMAN
No. 160
Oppose TCI Rate Structure (Mayor
(Item # 4 C.C.P., Feb 2, 1993)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 161
Oppose TCI Basic Package
(Item # 169 C.C.P., Feb 2, 1993)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 162
Rainbow Lectures/Add Canadian Education Programs
(Item # 87 C.C.P., Jan 19, 1993)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 163
T. Conrad/Fiber Cabling In City
(Item # 81 C.C.P., Jan 19, 1993)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 164
TCI/Notice Of Rate Increase
(Item # 73 C.C.P., Nov 24, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 165
BCAM Policy & Procedures Handbook
(Item # 101 C.C.P., July 1, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 166
BCAM/Annual Report
(Item # 67 C.C.P., Sep 29, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 167
BCAM/First Quarter Financial Report
(Item # 77 C.C.P., Dec 22, 1992)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 168
T. Conrad/Term Of Buffalo Learning Television
(Item # 80 C.C.P., Jan 19, 1993)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 169
BCAM/Final Report On Buffalo Learning TV
(Item # 93 C.C.P., Mar 16, 1993)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
RESOLUTIONS
No. 170
By: Mr. Amos
Minority Participation - World University Games
Whereas: The World University Games will be coming to Buffalo and
Western New York this summer bringing World Class Athletes from around the
globe to compete in a variety of amateur sports and drawing spectators from
near and far; and
Whereas: The World games are expected to provide a lift to this area from
both an economic and a good will perspective; and
Whereas: For several months, the World University Games Committee has been
planning, organizing, and finalizing arrangements to accommodate the needs of
both the athletes and spectators; and
Whereas: As part of this preparation, the Games committee has employed
salaried and volunteer staff, granted permits for vendors, set up advertising,
organized a variety of other endeavors, and will be responsible for maintaining
good public and media relations; and
Whereas: Since the world will be literally coming to Buffalo, it is
imperative that an honest cross-section of the community is represented at all
levels and all venues of the World University Games;
Now, Therefore, Be It Resolved:
That the Common Council of the City of Buffalo formally request from the
World University Games Planning Committee a report of the level of minority
participation in all activities associated with the World University Games to
be filed with this Council within thirty (30) days; and
Be It Further Resolved:
That the City Clerk be directed to forward a certified copy of this
resolution to the World University Games Committee for response.
ADOPTED.
No. 171
By: Messrs. Arthur and Pitts
State Of New York Health Department Approval of
the Sushil Sharma Diagnostic and Treatment Center
of the Buffalo Columbus Hosp.
Subsidiary of the Buffalo Healthcare Corp.
Whereas: The Diagnostic and Treatment Center Project was proposed
to the New York State Health Department in 1987 by the Buffalo Columbus
Hospital to provide vitally-needed primary and specialty ambulatory medical
care to the medically-underserved West Buffalo Community; and
Whereas: The community for which this facility has been proposed is a
priority area specified by the Health Systems Agency of Western New York for
the development of accessible primary medical care services; and
Whereas: The New York State Health Department and the Public Health Council
of the State of New York originally approved the concept of this much-needed
facility in 1989; and
Whereas: This project was approved again by the New York State Health
Department in September, 1991; and
Whereas: The Buffalo Columbus Hospital has, in good faith and at
extraordinary cost, followed through on all processing demands, recommendations
fees, amendments and other matters proffered by the New York State Health
Department to eventually bring this project to the final approval state; and
Whereas: The final approval stage is, for all intensive purposes, to be
realized at the June, 1993 meetings of the Public Health Council of New York
State, the State Hospital Planning and Review Council, the New York State
Medical Care Facilities Finance Agency for its bond issue in July, 1993 and
SONYMA for the bond's underwriting in July/August, 1993; and
Whereas: The West Side community supports and requires the presence of this
diagnostic and treatment center in its midst; and
Whereas: The Buffalo Columbus Hospital has consistently demonstrated its
competence and quality of dedicated care and understanding of the health care
needs of the community; and
Whereas: This Common Council has memorialized the work of the Buffalo
Columbus Hospital on the public record on numerous occasions; and
Whereas: The Council recognizes the continuing, overwhelming need for this
proposed diagnostic and treatment center in the community it shall serve.
Now, Therefore, Be It Resolved That:
This Common Council convey this resolution to Dr. Mark R. Chassin,
Commissioner, State of New York Health Department, as an indication of the
Council's support for the Buffalo Healthcare Corporation's Sushil Sharma
Diagnostic & Treatment Center of the Buffalo Columbus Hospital for the
project's timely approval; and
Be It Further Resolved That:
This Common Council, once again, enter into the public record its
unqualified support of the Buffalo Columbus Hospital and its dedicated care to
the citizens of the City of Buffalo.
ADOPTED.
No. 172
By: Messrs. Arthur, Pitts & Franczyk
Violation of Landmark Designation
Whereas: On February 18, 1992 this Common Council designated the
Buffalo Savings Bank Building, 543-553 Main Street as a local historic
landmark; and
Whereas: It has been alleged that alterations have been made to the exterior
of the building without obtaining the necessary permits, certificates or
permission of the Landmark Preservation Board; and
Whereas: It appears that Section 337-16 of the Preservation Standards has
been violated (Section 337-16, it shall be unlawful for any person, firm or
corporation to construct, alter, remove or demolish any improvement without
having first obtained a certificate of appropriateness).
Now, Therefore, Be It Resolved That:
1. This Common Council request that the secretary of the Landmark and
Preservation Board report to this Honorable Body if a request have been made to
alter the exterior of this landmark? When and who made such request?
2. If not, what steps does the Landmark and Preservation Board have at
its disposal to have this landmark restored to its original status?
Be It Further Resolved That:
This Honorable Body request the Corporation Counsel's office to report to
us steps that must be taken to enforce Section 337-32 of the Code if these
alleged violations did indeed occur.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE LANDMARK PRESERVATION BOARD AND
THE CORPORATION COUNSEL.
No. 173
By: Messrs. Bell, Perla & Franczyk
Memorialize United States Senate
Pass Economic Stimulus Bill
Whereas: Last week, Democrats abandoned efforts to push a compromise
amended version of President Clinton's $12.2 billion Economic Stimulus Bill
through the U.S. Senate after an unsuccessful fourth attempt to end a
Republican filibuster, which had stalled the issue for more than a month; and
Whereas: Clinton's original $16.3 billion spending package would have
created more than 200,000 temporary jobs and included:
$4.4 billion for Public Works and Transportation projects such as highway
reconstruction, mass transportation, and Amtrak and Airport renovations;
$9.1 billion for social welfare programs for nutrition, inner city
schools, student loans, immunization, and a veterans hospital and veterans
cemeteries;
$3.8 billion for urban and rural development, including $2.5 billion in
Community Development Block Grants to cities;
$631 million for technology; and
$1.4 billion for energy and environment; and
Whereas: Older and formerly heavily industrial cities like Buffalo are big
losers since Community Development Block Grant funds are so vitally important
to their growth and redevelopment; and
Whereas: In the original form of the jobs bill, the City of Buffalo would
have received up to $13 million in a supplemental Block Grant to aid low to
moderate income people and to assist in relieving some of the effects of crime,
joblessness, and poverty; and
Whereas: The latest proposed compromise measure, while not addressing the
needs of this community to the extent of the original bill, would still have
made a positive impact in this area; and
Whereas: Although the jobs bill did pass the House of Representatives, local
representatives were not unanimous in supporting this measure despite the
certain benefits that Buffalo and Erie County would have derived from the
measure; and
Whereas: It behooves the Common Council of the City of Buffalo to go on
record urging the Senate to reconsider its actions and join with the House of
Representatives in passing President Clinton's Economic Stimulus Bill in its
original form.
Now, Therefore, Be It Resolved:
That the Common Council of the City of Buffalo memorialize the Senate of
the United States to pass President Clinton's Economic Stimulus Bill in its
original form; and
Be It Further Resolved:
That the City Clerk be and hereby is directed to forward certified copies
of this resolution to the Clerk of the Senate of the United States, Senator
Alphonse M. D'Amato, and Senator Daniel Patrick Moynihan.
ADOPTED.
No. 174
By: Mr. Collins
Bond Resolution $19,544,085 Bonds
Pension Prepayments Account 200-042-003
BOND RESOLUTION OF THE CITY OF BUFFALO, NEW YORK, AUTHORIZING
THE ISSUANCE OF $19,544,085 PENSION SYSTEM BONDS OF SAID CITY, TO FINANCE THE
COST OF THE PAYMENT OF AMORTIZED AMOUNTS FOR RETIREMENT CONTRIBUTIONS BY THE
CITY PURSUANT TO THE RETIREMENT AND SOCIAL SECURITY LAW, AT THE ESTIMATED
MAXIMUM COST OF $19,544,085.
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 Pension System Bonds of said City in the principal amount of Nineteen
Million Five Hundred Forty-Four Thousand Eighty-Five Dollars ($19,544,085),
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 payment of amortized amounts for
retirement contributions by the City pursuant to the Retirement and Social
Security Law, including prepayment of the outstanding amortized amounts to be
paid to the New York State and local Employees' Retirement System and the New
York State and local Police and Fire Retirement System pursuant to Chapter 62
of the New York Laws of 1989. The estimated maximum cost of said specific
object or purpose for which the bonds authorized by this resolution are to be
issued, including preliminary costs and costs incidental thereto and the
financing thereof, is $19,544,085.
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 Audit and Control, Division of Accounting, "N.Y.S. Employee
and Police and Fire Retirement System Prepayments 1992-1993," Bond
Authorization Account No. 200-042-003, and shall be used for the purpose
specified in Section 1 of this resolution.
Section 3. The City intends to finance, on an interim basis, the costs
or a portion of the costs of said improvements for which bonds are herein
authorized, which costs are reasonably expected to be reimbursed with the
proceeds of debt to be incurred by the City, pursuant to this Bond Resolution,
in the amount of $19,544,085. 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 specific object
or purpose for which the bonds authorized by this resolution are to be issued,
within the limitations of Section 11.00 (a) 85 of the Local Finance Law, is the
period of time remaining for the amortization of amounts under sections 17-a
and 317-a of the retirement and social security law as of the date of payment
by the City of such amortized amounts.
(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: APR 27, 1993
LAID ON THE TABLE.
No. 175
By: Mr. Collins
Bond Resolution $22,678,649 School Bonds Pension Prepayments Account
299-970-099
BOND RESOLUTION OF THE CITY OF BUFFALO, NEW YORK, AUTHORIZING
THE ISSUANCE OF $22,678,649 SCHOOL BONDS OF SAID CITY, TO FINANCE THE COST OF
THE PAYMENT OF AMORTIZED AMOUNTS FOR RETIREMENT CONTRIBUTIONS BY THE BOARD OF
EDUCATION PURSUANT TO THE RETIREMENT AND SOCIAL SECURITY LAW AND EDUCATION LAW,
AT THE ESTIMATED MAXIMUM COST OF $22,678,649.
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
School Bonds of said City in the principal amount of Twenty Two Million Six
Hundred Seventy-Eight Thousand Six Hundred Forty Nine Dollars ($22,678,649),
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 payment of amortized amounts for
retirement contributions by the Board of Education pursuant to the Retirement
and Social Security Law and Education Law, including prepayment of the
outstanding amortized amounts to be paid to the New York State Teachers'
Retirement System pursuant to Chapter 175 of the New York Laws of 1990 and the
New York State and local Employees' Retirement System pursuant to Chapter 62 of
the New York Laws of 1989. The estimated maximum cost of said specific object
or purpose for which the bonds authorized by this resolution are to be issued,
including preliminary costs and costs incidental thereto and the financing
thereof, is $22,678,649.
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 Board of Education, "N.Y.S. Teachers' and Employees' Retirement System
Prepayments 1992-1993," Bond Authorization Account No. 299-970-099, and shall
be used for the purpose specified in Section 1 of this resolution.
Section 3. The City intends to finance, on an interim basis, the costs
or a portion of the costs of said improvements for which bonds are herein
authorized, which costs are reasonably expected to be reimbursed with the
proceeds of debt to be incurred by the City, pursuant to this Bond Resolution,
in the amount of $22,678,649. 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 specific object
or purpose for which the bonds authorized by this resolution are to be issued,
within the limitations of Section 11.00 (a) 85 of the Local Finance Law, is the
period of time remaining for the amortization of amounts under section 17-a of
the retirement and social security law and section 521 of the education law, as
of the date of payment by the Board of Education of such amortized amounts.
(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: APR 27, 1993
LAID ON THE TABLE.
No. 176
By: Mr. Collins
Capital Budget Amendment
Addition To Capital Program 1992 - 93
That, pursuant to Section 359 of the Charter and the Certificate
of the Mayor and the Comptroller, submitted to the Common Council, the Capital
Program for the fiscal year 1992 -1993 be and the same is hereby amended by
adding the following items under she heading:
200 Capital Projects
40-1 Division of Engineering
009 - Local Match Reserve $2,160,000
PASSED.
AYES- 12 NOES- 0.
No. 177
By: Mr. Collins
Capital Budget Amendment
Addition To Capital Program 1992 - 93
That, pursuant to Section 359 of the Charter and the Certificate
of the Mayor and the Comptroller, submitted to the Common Council, the Capital
Program for the fiscal year 1992 -1993 be and the same is hereby amended by
adding the following items under the heading:
200 Capital Projects
40-2 Division of Buildings
Reconstruction of the Truscon Property
(for Vehicle Maintenance Facility) $3,000,000
PASSED.
AYES- 12 NOES- 0.
No. 178
By: Mr. Collins
Transfer of Funds Capital Projects Fund
Budget and Management Division of Development
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
$125,000 be and the same is hereby transferred from the Capital Projects Fund
Budget and Management Planning for Capital Projects account and said sum is
hereby reappropriated as set forth below:
From:
200 Capital Projects Fund
061 - Budget and Management $125,000
001 - Planning for Capital Projects
To:
200 Capital Projects Fund
717 - Division of Development
041 - Restoration of Allendale Theater $125,000
PASSED.
AYES- 12 NOES- 0.
No. 179
By: Mr. Collins
Oppose Transracial Adoption Legislation
Whereas: Presently, there are attempts in the United States Senate
to pass legislation that will encourage transracial adoption; and
Whereas: Studies have proven that agencies that are culturally sensitive
toward African American families have no trouble finding enough families to
adopt; and
Whereas: Laws encouraging transracial adoption would penalize minority based
and controlled community agencies that have proven that African American
families are able and willing to adopt; and
Whereas: According to a study sponsored by the United States Health and
Human Services, African Americans adopt at a rate that is 4.5 times greater
than any other ethnic group; and
Whereas: African American children who are raised in non-African American
homes often have difficulty dealing with racism since their adoptive parents
have not personally experienced racism and often have difficulty helping their
children cope with discrimination; and
Whereas: The adoption of African American children or other children of
color by white families seems to dismiss the relevance of African American
culture to the black child's psychological and social development;
Now Therefore Be It Resolved:
That the Buffalo Common Council opposes the Transracial Adoption Bill
sponsored by United States Senator Howard Metzenbaum; and
Be It Further Resolved:
This Council directs the Office of the City Clerk to send certified
copies of this resolution opposing the Transracial Adoption Bill to Senator
Metzenbaum; and
Be It Finally Resolved:
That this Common Council further directs the office of the City Clerk to
mail certified copies of this resolution to the Buffalo Chapter of the National
Association of Black Social Workers.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 180
By: Messrs. Coppola, Zuchlewski and Amos
Oppose 11% Sewer Tax Increase
Whereas: The Buffalo Sewer Authority (BSA) adopted its budget for
1993-94, which includes a 11.7% rate increase for the average residential
metered customer and 11.6% for the average residential flat rate customer; and
Whereas: For a residential property assessed at approximately $51,000, 11.7%
would translate into $21.95 more per year increasing the average residential
metered bill from $188 to $210 per year; and
Whereas: The average residential flat rate would increase $26.99 from $232
to $259 per year for a residential property assessed at approximately $51,000;
and
Whereas: The BSA blames this newest increase on an increase in utility
expenses.
Now therefore be it resolved that
The City Clerk forward certified copies of this resolution to the Buffalo
Sewer Authority, Niagara Mohawk Power Corporation, and National Fuel Gas with a
request that representatives attend the next Common Council Legislation
Committee Meeting; and
Be it further resolved that
The 135A answer the following:
1. How did the BSA go from a surplus to a deficit in a year's time?
2. How can the BSA justify laying off 60 employees and cut 95 jobs through
attrition but still have enough work to have an increase in overtime this year?
3. What is the reason for the $3.8 million drop in revenue?
4. Are the utility increases a result of an increase in utility rates alone
or the result of an increase in usage?
Mr. Fahey moved that the 1st resolve be adopted and the 2nd resolve be
referred to the Committee on Legislation. Seconded by Mr. Coppola.
ADOPTED.
No. 181
By: Messrs. Fahey and Arthur
Ordinance Amendment- Amending Various Sections of the Code of
Ethics Chapter 12 City of Buffalo Code
The Common Council of the City of Buffalo does hereby ordain as
follows:
That the following specified sections of the Code of Ethics in Chapter 12
of the Code of the City of Buffalo be amended as follows:
1. That 12-4 captioned "Contents of annual disclosure statement" be amended
as follows:
a. In the first phrase thereof after the words "set forth below" add the
words "provided, however, the final form of the annual disclosure statement be
amended from time to time by the Board of Ethics in order to comply with the
intent of this chapter and applicable law."
b. The form of annual disclosure statement shall be revised such that it
shall consist of two parts, part A and part B. Part A shall contain the
questions now numbered 1, 2, 7, and 8 which shall be renumbered respectively 1,
2, 3, and 4. Part B shall consist of questions 3, 4, 5, and 6 which shall be
renumbered respectively 5, 6, 7, and 8.
c. On the first page of the form of annual disclosure statement prior to
the title thereof insert in bold typeface the words "Answer all questions
completely," write "none in each case where appropriate, or if a question is
not applicable write "not applicable" and attach a detailed statement
explaining why.
d. To the question now numbered "3" which shall be renumbered "8" (i) in
subsection a thereof in the column captioned "County Department or Agency and
Nature of involvement delete the word "County" and insert the word "City"; (ii)
in subsection e thereof in the first sentence after the phrase "all
investments" delete the phrase "in excess of $5000 or 5% of the value" and
insert the words "which exceed a- value of $5000, except for investments held
as shares or fractional interests of an entity or enterprise and the value of
the investment does not exceed 5% of the total value of the entity or
enterprise"; (iii) in subsection e thereof in the first sentence after the
phrase "or other assets" insert "excluding personal savings and retirement
accounts, but"; (iv) in subsection e thereof in the second sentence after the
phrase "all real estate" insert the words, "including your personal
residence,"; (v) in subsection e thereof in the column captioned "Description
Investment" insert the word "of" between those words and exchange the revised
caption with the caption appearing above the immediately preceding column.
e. In the question now numbered 4 which shall be renumbered 6 after the
words "in excess of" delete the numbers "$250.00" and insert the words
"$100.00."
f. In the question now numbered 5 which shall be renumbered 7 after the
phrase "third-party" insert the words "payment or" and after the phrase
"reimbursement for" insert the words "City of Buffalo."
2. That 12-28 captioned "Confidentiality" be amended and restated as
follows:
12-28 "Confidentiality and Disclosure."
A. Notwithstanding the provision of article 6 of the Public Officers Law,
the only records of the Board which shall be available for public inspection
are:
(1) The information set forth in an annual statement of financial disclosure
or a transactional disclosure statement, [except the categories of value or
amount or any other information which the Board of Ethics declares to be
confidential] provided, however, as to information responding to paragraphs 5,
6, 7, and 8 of the form of annual disclosure statement required by 12-4
hereof, such information shall be confidential and not available for public
inspection, if (a) such information is filed by a person who receives no
compensation or salary from the City of Buffalo, and (b) such information does
not relate to the affairs of the City of Buffalo;
(2) Notices of delinquency sent under 12-23 of this chapter:
(3) Notices of reasonable cause sent under 12-24 of this chapter; and
(4) Notices of civil assessment imposed under 12-26 of this chapter.
B. Notwithstanding the provisions of Article 7 of the Public Officers Law -
Open Meetings Act, all meetings or proceedings of the Board of Ethics shall be
opened to the public, and schedules of meetings, meeting agendas and meeting
minutes of the Board of Ethics shall be published in the City Record.
C. Contemporaneously with the issuance thereof, the Board of Ethics shall file
with the City Clerk copies of all notices of delinquency sent under 12-23 of
this chapter, notices of reasonable cause sent under 12-24 of this chapter,
and notices of civil assessment imposed under 12-26 of this chapter.
Approved As To Form
Laurence K. Rubin
Corporation Counsel
New matter is underlined, deleted matter is in [brackets].
REFERRED TO THE COMMITTEE ON LEGISLATION AND BOARD OF ETHICS.
No. 182
By: Mr. Fahey
Oppose Proposal to Increase Fees at Erie Basin Marina
Whereas: The Commissioner of Public Works has filed a communication
with this Common Council proposing increases in boat slip rental rates at the
Erie Basin Marina ranging from 30 to 94 percent, boosting revenue for the city
by a minimum of $22,500; and
Whereas: The proposed schedule of fees would increase the cost of a 20 foot
slip from $392 to $540 for city residents ($431 to $600 for non-residents), of
a 30 foot slip from $563 to $900 for city residents ($619 to $1000 for
non-residents), and for a 40 foot slip from $751 to $1440 for residents ($826
to $1,600 for non-residents); and
Whereas: According to the communication, slip renters have already made
payment for the upcoming season to the Aud Club, which operates the marina
under contract with the City; and
Whereas: The contract stipulates that the Common Council must approve any
rate changes; and
Whereas: The late introduction of this proposal and the enormous and
disproportionate level of the proposed increase creates an unfair situation for
those people who have signed agreements with the Aud Club to dock their boats.
Additionally, the lack of detail on the revenue sharing and distribution and
the potential introduction of other components of the contract for
renegotiation creates unforeseen problems for the city;
Now, therefore, be it resolved:
That this Common Council state its opposition to the slip rental
increases as currently proposed.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 183
By: Mr. Fahey
Dumping of Debris on N.F.T.A. Property
Whereas: The Niagara Frontier Transportation Authority owns many
underdeveloped sites in the City of Buffalo; and
Whereas: One of the sites on Starin and Taunton Avenues abuts a heavily
residential area; and
Whereas: An on-sight visit has detected that the N.F.T.A. has been dumping
materials such as wood, glass, concrete and other materials on this site to
fill a 25-foot depression which has caused a considerable amount of water to
accumulate; and
Whereas: While the N.F.T.A.'s purpose to fill this potentially dangerous
condition is laudable, the materials used could become a habitat for the
breeding of rodents and is a visual pollutant; and
Whereas: The citizens who live in close proximity to this site should not be
subjected to a panoramic view of a dump owned by a governmental agency as the
N.F.T.A;
Now, Therefore Be It Resolved:
That this Council requests the Niagara Frontier Transportation Authority
to file with this Council all permits, Federal, State or Local, which gives it
the prerogative to dump debris in this residential area; and
Be It Further Resolved:
That the N.F.T.A. file their response with the Common Council by 2:00
p.m. Thursday, May 6, 1993; and
Be It Finally Resolved:
That the City Clerk forward certified copies of this resolution to the
Niagara Frontier Transportation Authority.
REFEREED TO THE COMMITTEE ON LEGISLATION, THE COMMISSIONER OF PUBLIC WORKS,
NFTA, NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION AND US CORPS OF
ENGINEERS.
No. 184
By: Mr. Fahey
Councilmember Bakos Excused
That Councilmember Bakos be and hereby is excused from attendance
at the stated meeting of April 27, 1993, due to illness.
ADOPTED.
No. 185
By: Mr. Fahey
Appoint Committee on Housing Oversight
Whereas: The Common Council designated Price Waterhouse as the
consultant agency to negotiate the contract to conduct a study into Housing
Preservation for the City Of Buffalo; and
Whereas: To enhance the study, the Council has selected neighborhood housing
activists to serve on an Oversight Committee to work closely with the housing
consultant agency conducting the study. The following are proposed housing
activists designated to serve on this Oversight Committee;
Danis Gehl, Kensington - Bailey NHS
1048 Kensington Ave. Buffalo, New York 14215
Laura McClusky, Polish Community Center
18 Stanislaus St. Buffalo, New York 14212
Kevin Horaigan, Neighborhood Housing Services
68 Lockwood Ave. Buffalo, New York 14220
Mary Anne Coyle
377 Hudson St. Buffalo, New York 14201
John H. Emmons, Legislative Assistant
21 Hedley PI., Buffalo, New York 14208
Richard Kern
354 Baynes St., Buffalo, New York 14213
Plezetta Teague, President - Ericson-Wicker B.C.
35 Ericson Ave., Buffalo, New York 14215
Rev. Terry O'Connell, Holy Angels Church
348 Porter Ave. Buffalo, New York 14201
Robert Sienkiewicz, Broadway-Fillmore NHS
780 Fillmore Ave. Buffalo, New York 14212
Jeanine Baran, Legislative Assistant
64 Vernon Pl. Buffalo, New York 14214; and
Whereas: Having the benefit of district housing activists and Community
Based Organizations (C.B.O.) contributing first hand knowledge of housing
situations within their community, recommendations and solutions could be
formulated in a more orderly and expeditious manner; and
Whereas: Price Waterhouse has knowledge of district housing activists being
involved as a component to conducting the study and has agreed to cooperate
with them fully.
Now, Therefore Be It Resolved That:
This Common Council appoints the above list of Council District housing
activists for the formation of a Housing Oversight Committee to participate in
cooperation with the consultant agency to conduct a Study on Housing
Preservation for the City of Buffalo.
ADOPTED.
No. 186
By: Messrs. Fahey, Higgins and Franczyk
Oppose Garbage Transfer Station On The Buffalo River
Whereas: Integrated Waste Services has applied for a state permit
to build a garbage transfer station bordering the Buffalo River on Kelly
Island; and
Whereas: Siting a garbage transfer station at that location is a bad idea
for the following reasons:
1. The city has put substantial time and a great deal of hope into
developing a plan for revitalizing the waterfront and to locate a garbage
station on the Buffalo River would jeopardize those plans and discourage the
public from coming to the waterfront; and
2. The proposed site is an area subject to flooding by the Buffalo River,
and filling the site to protect the transfer station would risk substantial
damage to other lands and projects near the river in the case of a flood; and
3. Garbage truck traffic going to and coming from the facility would have
negative impacts both on the waterfront and on downtown areas close to the site
and the Niagara Thruway; and
4. Western New York is already overburdened with waste sites, both active
and inactive, and any new sites, if necessary, must be located with care and
sensitivity, criteria which have not been met in this case; and
5. Kelly Island is located in the Waterfront Industrial Overlay District in
the city's proposed Local Waterfront Revitalization Program (LWRP), a
designation intended to restrict new uses to those which are water dependent or
water enhanced, ; and
Whereas: Under the LWRP, new uses which are not water dependent or enhanced
are allowed "provided that the use is compatible with a waterfront location and
a future demand for a water dependent use is not reasonably foreseen"; and
Whereas: The timing of Integrated Waste's proposal may be designed to avoid
the restrictions of the LWRP, which has yet to be officially adopted by the
city;
Now therefore be it resolved, that;
This Common Council is opposed to the siting of a garbage transfer
station on Kelly Island, and requests reports on this proposal from the
Departments of Public Works and Community Development, from the Corporation
Counsel, from the NYSDEC and from Integrated Waste Services; and
Be it Further Resolved That;
If the application for the proposed facility is not withdrawn by the time
the Council receives responses from the above listed offices, this Council will
hold a hearing on this proposal to allow public sentiment to be expressed as
early as possible in the permitting process.
REFERRED TO THE COMMITTEE ON LEGISLATION, ENVIRONMENTAL MANAGEMENT COMMISSION ,
THE COMMISSIONER OF PUBLIC WORKS, THE CORPORATION COUNSEL, NYS DEPARTMENT OF
ENVIRONMENTAL CONSERVATION, INTEGRATED WASTE SERVICES, 1st WARD COMMUNITY
ASSOCIATION AND FRIENDS OF BUFFALO RIVER.
No. 187
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 any 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. Buffalo Hand Surgery, P.C.
Claim for prior fiscal year invoice for services rendered
to P.O. Carl Terranova. $32.97
2. Roger Glasgow
Claim for loss of garbage can. $10.00
3. Florence E. Kowal
Claim for loss of garbage can. $8.00
4. Frederick B. Rodgers
Claim for loss of garbage cans. $20.00
5. Edward Skomra
Claim for loss of garbage can. $10.00
6. Cornelia Stover
Claim for loss of garbage can. $12.00
7. Dolores Williams
Claim for loss of garbage cans. $21.00
Investigation by the Department of Law reveals that the above claims are
valid and payment is hereby recommended.
PASSED.
AYES- 12 NOES- 0.
No. 188
By: Mrs. LoTempio
Require Utility Companies to Use Direct Deposit Procedures By
Utilizing Wire Transfers
Whereas: Utility taxes which are due quarterly, usually on the
15th of each month are mailed and received by the Senior Accountant for the
City of Buffalo on or about the 20th of each month, due to delays in the U.S.
Mail and City Hall's inter office mail systems; and
Whereas: According the Buffalo Financial Plan Commission's (BFPC) five year
plan and the Senior Accountant of the City of Buffalo, the average utility
check is usually "floated" for a seven day period before payment is received in
the city bank accounts; and
Whereas: Some utility checks are in excess of several million dollars which
accounts for considerable loss of interest to the city based on floated
payments and an incentive for utility companies to float monies longer for
interest benefits added to their accounts; and
Whereas: Direct deposits or Wire Transfers utilized for quarterly utility
payments to the city would remedy the problem of lost interest revenue
attributed to lapsed time by floated payments; and
Whereas: According to BFPC calculations the city would realize over $15,000
if wire transfers were used and the earlier proceeds were used to decrease
borrowing, and additional interest of over $7,500 would be realized annually if
the money is wired directly into an interest bearing account.
Now, Therefore Be It Resolved That:
This Common Council requests the City of Buffalo's Department of Treasury
and the City Comptroller office to include wire transfers as policy for
collecting tax revenue to offset lost interest revenue due to floated payments.
ADOPTED.
No. 189
By: Mrs. LoTempio
Request Erie County to Share Existing 8th Percent of Sales Tax
with City
Whereas: The Buffalo Financial Plan Commission's (B.F.P.C.) five
year plan recommends that a plan be negotiated by which Erie County would share
the existing 8th percent of sales tax to aid the city with it's current budget
deficit; and
Whereas: Proceeds from the Erie County's 8% sales tax are divided in the
following way: the first 4 percent goes exclusively to the state, the "middle 3
percent" is divided between the County for general purposes, the county's
school districts based on attendance and the county's municipalities based on
population. The "last 1 percent" or 8th percent accounting for $88 million
($88,000,000) goes exclusively to the county; and
Whereas: The B.F.P.C. suggests two scenarios by which the city could
negotiate with the county for the opportunity of sharing the 8th percent of the
County sales tax; and
Whereas: Scenario #1 calls for the city to enter negotiations for sharing
the existing 8th percent in the same manner as the city benefits from the 5th,
6th and 7th percent now shared by the county and other municipalities; and
Whereas: Direct benefits to the city from access to the 8th percent of the
county sales tax proceeds would generate approximately $15.2 million
($15,200,000) in added revenue for the city annually. In addition, sales
revenues are projected to grow at 4.5% annually; and
Whereas: Scenario #2 calls for the city to enter negotiations for the
opportunity to place a dollar cap on the sales tax collected under the 8th
percent, and then share all monies over that amount in the same manner as the
city benefits from the 5th, 6th and 7th percent now shared; and
Whereas: Direct benefits to the city from the 8th percent dollar cap
proposal based on the current formula for sharing the county sales tax revenue
is approximately $780 Thousand ($780,000) in added revenue for the city
annually. B.F.P.C. states that only 25% this figure will be realized in
1993-94, however the following years are projected to increase 4.5%; and
Whereas: The process of implementing either scenario should start
immediately as the County would need to send a home rule message to the State'
allowing for the change of the phrase "for exclusive use of the County"
concerning the County's rights to the 8th percent. With State approval,
negotiations could start for the shared 8th percentage.
Now, Therefore Be It Resolved That:
This Common Council requests the Erie County Legislature to send a home
rule message to the New York State Legislature to allow for the elimination of
Erie County's exclusive use of the 8th percent of the sales tax to enable the
County to negotiate with the surrounding municipalities to share the 8th
percent.
ADOPTED.
No. 190
By: Mrs. Lotempio and Messrs Bell And Fahey
Ordinance Amendment Chapter 72
Ambulance And Ambulance Drivers
The Common Council of the City of Buffalo does hereby ordain as
follows:
That Section 72-8(B) of Chapter 72 of the Code of the City of Buffalo be
amended to read as follows:
72-8. Issuance, term and revocation or suspension of driver's and
attendant's license.
A. With the approval of the Board of Emergency Medical Services and the
Commissioner of Police, the Director of Licenses and Permits shall issue such
drivers' and attendants' licenses upon payment of the required license fees.
B. Each such license shall expire on [December 31] November 1 of the year
for which it is issued.
C. After such license has been issued, if it is found that the licensee is
violating any of the terms of this chapter, the Commissioner of Health may
recommend to the Board of Emergency Medical Services that proceedings be
instituted to revoke or suspend such license.
IT IS HEREBY CERTIFIED, pursuant to Section 34 of the Charter, that the
immediate passage of the foregoing ordinance is necessary.
APPROVED AS TO FORM
Laurence K. Rubin
Corporation
NOTE: Matter in brackets [ ] to be deleted; matter underlined is new.
PASSED.
AYES- 12 NOES- 0.
No. 191
By: Mrs. Lotempio and Messrs Bell and Fahey
Ordinance Amendment Chapter 75 - Amusements
The Common Council of the City of Buffalo does hereby ordain as
follows:
That Section 75-12(B) of Chapter 75 of the Code of the City of Buffalo be
amended to read as follows:
75-12. Issuance of license; expiration.
A. All licenses herein provided for shall be procured from and issued, in
his discretion, by the Director of Licenses and Permits, and any such license
may be revoked by him.
B. All licenses shall expire on the first day of [August] May in each year.
IT IS HEREBY CERTIFIED, pursuant to Section 34 of the Charter, that the
immediate passage of the foregoing ordinance is necessary.
APPROVED AS TO FORM
Laurence K. Rubin
Corporation Counsel
NOTE: Matter in brackets [ ] to be deleted; matter underlined is new.
PASSED.
AYES- 12 NOES- 0.
No. 192
By: Mrs. LoTempio and Messrs Bell and Fahey
Ordinance Amendment Chapter 75 - Amusements
The Common Council of the City of Buffalo does hereby ordain as
follows:
That Section 75-13(C) of Chapter 75 of the Code of the City of Buffalo be
amended to read as follows:
75-13. Music license; fee; expiration.
A. No person, firm or corporation shall permit or allow any music either
vocal, instrumental or produced by any mechanical device, such as record
player, radio, television, amplifying system or other means, in any restaurant,
tavern or similar place wherein food or beverages are sold for consumption on
the premises and to which the public is admitted without first obtaining a
license therefor as hereinafter provided.
B. Application for such license shall be made to the Director of Licenses
and Permits and shall be referred by the Director to the Commissioner of Police
for his investigation and recommendation as to approval or disapproval. On
receipt of approval, the Director of Licenses and Permits may issue the
license.
C. The fee for each such license shall be as provided in Chapter 175, Fees,
per year, and each license shall expire on the [31st day of May] 1st day of
February next succeeding the date of issuance.
IT IS HEREBY CERTIFIED, pursuant to Section 34 of the Charter, that
the immediate passage of the foregoing ordinance Is necessary.
APPROVED AS TO FORM
Laurence K. Rubin
Corporation Counsel
NOTE: Matter in brackets [ ] to be deleted; matter underlined is new.
PASSED.
AYES- 12 NOES- 0.
No. 193
By: Mrs. LoTempio and Messrs Bell and Fahey
Ordinance Amendment Chapter 75-13 - Music
The Common Council of the City of Buffalo does hereby ordain as
follows:
That Section 75-13 be amended to read as follows:
75-13. Music license[;]. [fee; expiration.]
C. [The fee for each such license shall be as provided in Chapter 175, Fees,
per year, and each license shall expire on the 31st day of May next succeeding
the date of issuance.] Any application for a Music License with classification
of "Live Music without Dancing" shall be referred by the Director of Licenses
to the Zoning Board for their investigation and recommendation as to approval
or disapproval. Upon receipt of approval. the Director may issue the License.
D. All licenses herein provided for shall also be subject to the rules and
regulations, in accordance with Chapter 293, "Noise" of the Charter.
E. The license of any person granted under this chapter may be suspended,
revoked or renewal thereof refused by the Director of Licenses upon
determination by the Director, after notice and hearing before him, in
accordance with Section 185 of the Charter.
F. The fee for each such license shall be as provided in Chapter 175, Fees,
per year, and each license shall expire on the [31st day of May] 1st day of
February next succeeding the date of issuance.
APPROVED AS TO FORM
Laurence K. Rubin
Corporation Counsel
NOTE: Matter in brackets [ ] to be deleted; matter underlined is new.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 194
By: Mrs. LoTempio and Messrs. Bell and Fahey
Ordinance Amendment Chapter 75 - Amusements
The Common Council of the City of Buffalo does hereby ordain as
follows:
That subsection B of Section 75-18 of Chapter 75 be amended to read as
follows:
75-18. Coin-controlled amusement devices.
B. License required.
(1) Licenses and approvals.
(a) Notwithstanding any other provisions of this chapter, no person shall place
or deliver for use or permit the use or operation of a coin-controlled
amusement device upon any premises or location in the city until:
[(1) Each of such devices has been examined and approved by the Commissioner of
Police and the Director of Licenses and Permits or their authorized
representatives, such device to be examined at the convenience of and at the
location and place as determined by the Director of Licenses and Permits;]
(1) The location of the establishment or premises where such device is to be
used or operated and the responsible operator of such establishment or premises
shall have been approved by the Commissioner of Police and the Director of
Licenses and a license for the location has been issued by the Director of
Licenses based on such approvals; and
[(2) The location of the establishment or premises where such device is to be
used or operated and the responsible operator of such establishment or premises
shall have been approved by the Commissioner of Police and the Director of
Licenses and Permits and an approval permit for the location and for the
operator has been issued by the Director of Licenses and Permits based on such
approvals; and]
(2) A license in accordance with this section to use or operate or hermit the
use or operation of the device upon the approved premises shall have been
obtained from the Director of Licenses by the owner of such device.
[(3) A license in accordance with this section to use or operate or permit the
use or operation of the device upon the approved premises shall have been
obtained from the Director of Licenses and Permits by the owner of such
device.]
(b) Each approved [device] location shall, [before being used or operated in
the premises or location in the city,] have attached thereon the [device's]
location's license, signed by the Director of Licenses and Permits [and
containing the approval of the Commissioner of Police, with the date of such
approval, the manufacturer's number and a brief description of the device. No
approved device that has subsequently been rebuilt, altered or changed shall be
used or operated on any premises until the same has again been examined and
approved as above required.
(c) A device becoming out-of-order or otherwise inoperative shall be clearly
designated by a placard or sign or shall be removed from access by the public.
The application for the approval and issuance of a license for a
coin-controlled amusement device location [and the application for the approval
of the location] and the operator thereof shall be made by the owner of the
device and shall be on the form or forms required by the Director of Licenses
and Permits.
and that subdivision (2) of Section 75-18 be amended to read as follows:
(2) Application for [approval] approved [permit and]
license. The owner of a coin-controlled amusement device, when applying for
the licensing of the [device] location and before such [device] location may be
licensed, [distributed or placed] at or upon any premises for use or operation,
shall make a sworn application to the Director of Licenses and Permits for the
necessary [approval] approved [permit and] license, upon blanks to be furnished
by the Director, giving the following information:
[(b) The descriptive name of the device, name and address of the manufacturer
of the device and a detailed description of the mechanical features of the
device, the manufacturer's number of the device and the purpose and method of
its operation.]
(b) The name, residence, age, date and place of birth of the person having
responsible charge of the premises upon which the device is proposed to be
located for use and operation and the location of the premises by street and
number, the kind of establishment wherein the device will be located and the
number of devices to be placed thereon [and a description and the
manufacturer's number of each device proposed to be placed thereon].
and that subdivision (3) of Section 75-18 of the Code of the City of Buffalo
be, amended to read as follows:
(3) Issuing of license.
(a) The Director of Licenses and Permits may, after
the receipt of an application, issue a license for the [device] location in
accordance with the provisions of this section. A license shall be [procured
for each device and shall be] prominently displayed thereon. A license shall
permit the placing, use and operation of the [licensed] device (s) at a
location and in the responsible charge of a person, both previously approved as
herein before provided.
(b) An [approval] approved [permit issued for the location and the operator
of a licensed device or devices must be displayed prominently in the immediate
vicinity of such device or devices and] license shall clearly state the number
[and kind] of devices licensed and approved for such location.
(4) Fee for an expiration of license. The Director of Licenses shall not
issue a license for a [coin-controlled amusement device] location hereunder
until a fee as provided in Chapter 175, Fees, for each [coin-controlled device]
location shall have been paid. A license shall expire on the [31st] 1st day of
[August] February next succeeding the date of its issuance.
(5) Transfer of license. No license may be transferred from an approved
[device] location to another [device] location [with the consent and approval
of the Director of Licenses and Permits, nor may a device be transferred from
an approved location to another approved location without such consent].
(6) Records of Director of Licenses and Permits. The Director of Licenses
and Permits shall keep a record of each [licensed device] location, showing the
name of the owner, the location where placed, [the] and the name of the
operator[, the manufacturer's serial number of the licensed device, the license
number and a description of the device].
(7) Revocation of license. A [coin-controlled amusement device license or]
location-operator [approval permit] license may be revoked by the Director of
Licenses and Permits for cause and after a hearing. He may hold a hearing to
determine the propriety of issuing, renewing or revoking such a license or
permit.
APPROVED AS TO FORM
Laurence K. Rubin
Corporation Counsel
Matter in brackets [ ] to be deleted; matter underlined is new.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 195
By: Mrs. LoTempio and Messrs Bell and Fahey
Ordinance Amendment - Chapter 88 - Bakers And Confectioners
The Common Council of the City of Buffalo does hereby ordain as
follows:
That Section 88-6 of Chapter 88 of the Code of the City of Buffalo be
amended to read as follows:
88-6. Duration of license, transferability.
All permits and licenses issued pursuant to this chapter shall expire on
the [31st day of December] 1st day of January following the date of issuance
[of the year in which they are issued.] No permit or license shall be
transferable.
IT IS HEREBY CERTIFIED, pursuant to Section 34 of the Charter, that the
immediate passage of the foregoing ordinance is necessary.
APPROVED AS TO FORM
Laurence K. Rubin
Corporation Counsel
NOTE: Matter in brackets [ ] to be deleted; matter underlined is new.
PASSED.
AYES- 12 Noes- 0.
No. 196
By: Mrs. LoTempio and Messrs Bell and Fahey
Ordinance Amendment Chapter 103 - Building Construction And Demolition;
Fire Prevention
The Common Council of the City of Buffalo does hereby ordain as
follows:
That Article II, Section 103-2 of Chapter 103 be amended to read as
follows:
103-2. Permit required; exceptions.
No person, firm or corporation shall, within the City of Buffalo, erect,
place, enlarge, alter, repair, demolish or rebuild any building or structure
until he shall have first procured a permit so to do; provided, however, that
no permit shall be necessary where the cost of repairs does not exceed five
hundred dollars ($500.). Any person desiring permission to erect, place,
enlarge, alter, repair, demolish or rebuild such building or structure or any
part of such building or structure in any portion of the city shall first
present to the Commissioner the application required in 103-3 of this Article,
and a signed copy of the contract between the homeowner and authorized agent,
architect, engineer or contractor employed in connection with the proposed work
when applicable. and, if the Commissioner shall approve the same, he shall
attach his approval thereof and issue the permit within sixty (60) days of such
approval subject to all provisions of law and ordinance.
APPROVED AS TO FORM
Laurence K. Rubin
Corporation Counsel
NOTE: Matter in brackets [ ] to be deleted; matter underlined
is new.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 197
By: Mrs. LoTempio and Messrs. Bell and Fahey
Ordinance Amendment Chapter 144 - Contractors
The Common Council of the City of Buffalo does hereby ordain as
follows:
That the heading & sections of Article I be amended to read as follows:
ARTICLE I
Construction and Home Improvements
144-1. Definitions.
144-2. Licenses required; issuance; exceptions.
144-3. Effect on existing contracts.
144-4. Application for license.
144-5. Action on application.
144-6. Construction and Home Improvement Advisory Board.
144-7. Issuance or denial of license.
144-8. Expiration, posting, renewal and transferability of licenses;
duplicates; fees.
144-9. Suspension and revocation of license.
144-10. Hearings.
and that the following definitions in Section 144-1 of Chapter 144 of the Code
of the City of Buffalo be amended to read as follows:
BOARD - The Construction and Home Improvement Advisory Board.
CONTRACTOR - Any person other than a bona fide employee of the owner,
whose particular occupation is the ownership or operation of a construction or
home-improvement business or who solicits for any work or contract to perform
any construction or home-improvement work as defined herein, as a prime
contractor. Manufacturers are considered to be contractors if engaged in
on-site construction, alteration, or repair.
GENERAL CONTRACTOR - One who, in addition to those tasks enumerated in
the definitions of "handyman," "home improvement", "specialty contractor",
light commercial contractor," "and new housing contractor," [performs
construction of new buildings or additions to the same.] also is engaged in the
construction of any structure built, being built, or to be built, for support.
shelter or enclosure including but not limited to bridges or additions to the
same.
HANDYMAN One who performs as a business or occupation, on a full or
part-time basis, normal maintenance and minor repairs, [costing no more than
two thousand dollars ($2,000.)] in residential, commercial or mixed structures.
[and who has no other persons in his employ.] It shall include all minor
interior and exterior repair including but not limited to wall coverings
painting, both interior and exterior, installation or repair of windows, door
and screen installation, replacement and repair; gutters and drainspouts,
plaster and masonry. One who, in addition to those tasks enumerated in the
definition of "hand an" also performs improvements as a MAINTENANCE MAN
(self-employed) ON MULTIPLE DWELLINGS. This category does not include roofing,
siding, garage construction or large renovations which industry standards
dictate be completed by two or more people (no partnership - limited to one
person only).
HOME IMPROVEMENT -The [repair, alteration, modernization or improvement
of private residences or all dwellings, including the grounds, garages or other
structures or additions used in connection therewith. It shall include all
interior and exterior repair, remodeling, addition, alteration, modernization
and improvement of any kind or nature, including but not limited to floor and
wall coverings; painting, both interior and exterior; insulation; pool
installation; fence installation or repair; roofing; siding; window, door and
screen installation, replacement and repair; gutters and drainspouts; decks and
porches; plaster and masonry; driveways, both concrete and asphalt; handicapped
ramp installation; and general carpentry.) repairing, remodeling, altering,
converting, or modernizing of, or adding to, residential property and shall
include, but not be limited to, the construction, erection, replacement,
installation, or improvement of driveways, swimming pools, terraces. patios,
fences, porches, garages, basements and other improvements of the structures
which are adjacent to a dwelling house. It shall include all interior and
exterior repair, floors, wallcoverings, painting both interior and exterior,
insulation, drywall, roofing, siding, windows, door and screen installation,
replacement and repair; gutters and drainspouts; plaster and masonry;
handicapped ramp installation; waterproofing and general carpentry. To also
include work on new housing within the scope of home improvement.
HOME IMPROVEMENT CONTRACTOR - One who, in addition to those tasks
enumerated in the definition of "handyman," and-home improvement." also
performs improvements and/or additions to one-and two-family residential
structures or accessory structures, which additions are limited to an area less
than (1,000) square feet, not including basement area. A home improvement
contractor is a contractor licensed under this chapter who is engaged in the
business of home improvement either on a full time or part time basis
(partnerships included).
SPECIALTY - A specialty contractor is a contractor whose operations as
such are the performance of construction work requiring special skill and whose
principal contracting business involves the use of specialized building trades
or crafts. A specialty contractor operations are concerned with concrete (flat
work, also may include foundation). foundations, drywall (portions and
ceilings), earthwork and paving, fencing, flooring and floor covering, glazing,
insulation and acoustical, masonry, painting and decorating, plastering,
roofing, tile (ceramic & mosaic, ceilings (acoustic), wall coverings, carpentry
(rough & finish), waterproofing, windows and doors, installation of swimming
pools, cabinet and millwork, sheet metal, steel-reinforcing and
steel-structural, and sprinkler systems.
SPECIALTY CONTRACTOR - One who, in addition to those tasks enumerated in
the definition of "handyman" and "home improvement contractor" performs as a
business or occupation, on a full time or cart time basis, commercial
construction or residential work.
LIGHT COMMERCIAL - Those contractors whose operations as such are the
performance of light construction on commercial structures whose work does not
require special skill or use of specialized building trades or crafts.
LIGHT COMMERCIAL CONTRACTORS - One who, in addition to those tasks
enumerated in the definition of "handyman and "home improvement contractor"
performs as a business or occupation, on a full time or cart time basis,
commercial construction or residential work.
NEW HOUSING CONTRACTOR - One who, in addition to those tasks enumerated
in the definitions of "handyman" [and) "home-improvement" contractor," and
"light commercial contractor," also is engaged in the construction of new
structures and accessory structures, or who constructs additions to residential
structures, which additions equal an area of one thousand (1,000) square feet
or greater.
SUB-CONTRACTOR - Shall mean a contractor who contracts directly with the
Prime contractor. "Prime Contractor" shall mean the contractor who contracts
directly with the awarding authority. A sub-contractor is NOT PERMITTED to
obtain permits in his own name or his company name.
CONSTRUCTION MANAGER - An individual employed to oversee and direct the
construction elements of a project usually the whole of the construction
elements, and the parties who are to perform them; a company which contracts
with an owner to perform such services for a fee.
and that subsections G, J, K, L, and M of Section 144-4 of Chapter 144 of the
code of the City of Buffalo be amended to read as follows:
G. Satisfactory evidence that employees of the applicant are covered by
workmen's compensation [and disability insurance] or by exemption certificate.
J. [Criminal records, if any, as certified by the Commissioner of Police]
Submit sample copy of your contract.
K. [Such other information as the Director of Licenses may require] Submit
experience questionnaire.
L. Must list any liens, judgements or complaints that are outstanding.
M. Such other information as the Director of Licenses may require.
and that the heading of Section 144-6 be amended to read as follows:
144-6. Construction and Home Improvement Advisory Board.
and that subsections A and B of Section 144-6 of Chapter 144 of the Code of the
City of Buffalo be amended to read as follows:
A. Board. The Mayor shall appoint a Construction and Home Improvement
Advisory Board consisting of [five (5)] nine (9) members, one (1) of whom shall
be the Director of [New Construction] Licenses. The Director of [New
Construction) Licenses or his assistant shall act as Chairman of the Board.
Each member of the board shall serve for a term of three (3) years, all of whom
shall serve without compensation.
B. Qualifications. [Two (2)] Four (4) members of the Board shall have had
at least five (5) years of experience in the general construction and
home-improvement contracting business. [Two (2)] Four (4) members shall be
persons possessing qualifications satisfactory to the Mayor.
and that subsection C of Section 144-8 of Chapter 144 be amended to read as
follows and that subsequent subsections be renamed respectively:
C. [Any license which has not been suspended or revoked may, upon the
payment of a fee prescribed by this section, be renewed for an additional
period of one (1) year from its expiration, upon filing of an application for
renewal on a form to be prescribed by the Director] Upon the issuance of such
license, the holder must conspicuously display in clear and legible letters at
least two (4) inches in height on both doors of all his vehicles the business
name, business location and telephone number.
[C.] D. Any license which has not been suspended, revoked or has
outstanding complaints may, upon the pavement of a fee prescribed by this
section, be renewed for an additional period of one (1) year from its
expiration, upon filing of an application for renewal on a form to be
prescribed by the Director.
[D.] E. A duplicate license may be issued for a lost, destroyed or
mutilated license upon application therefor to the Director of Licenses upon
payment of the fee prescribed therefor by this section.
[E.] F. No license shall be assignable or transferable.
[F.] G. Fees.
(1) Fees for a license or for any renewal thereof shall be as provided in
Chapter 175, Fees.
(2) The fee for a salesman license or for any renewal thereof shall be as
provided in
Chapter 175, Fees.
(3) The fee for issuing a duplicate license for one lost, destroyed or
mutilated shall be as provided in Chapter 175, Fees.
and that Section 144-9 be amended to read as follows:
K. Work or installation commenced prior to the issuance of the required
license.
L. Work or installation commenced prior to the issuance of the required
permit. After three (3) infractions your license is revoked.
and that Section 144-11 of Article II of Chapter 144 of the Code of the City of
Buffalo be amended to read as follows:
144-11. License and insurance required.
No person shall own, operate, conduct, manage or engage in the business
of demolition of any structures unless he has secured a license therefor.
Application shall be made to the Director of Licenses on forms prescribed by
him. Said application shall contain proof of appropriate insurance as
prescribed by the Director of Licenses, including workers' compensation [and
disability insurance].
DEMOLITION CONTRACTOR -
GRADE 1 One who performs demolition on structures
limited to 1 1/2 stories in height to a maximum
of 20 feet.
GRADE 2 One who performs demolition on structures
limited to 3 stories in height to a maximum of
30 feet.
GRADE 3 One who performs demolition on
any structure.
GRADE 4 One who performs demolition by the use of
explosives including those who subcontract
for other licensed demolition contractors or
those subcontractors preparing the building
for demolition by explosion.
APPROVED AS TO FORM
Laurence K. Rubin
Corporation Counsel
NOTE: Matter in brackets [ ) to be deleted; matter underlined is new.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 198
By: Mrs. LoTempio and Messrs. Bell and Fahey
Ordinance Amendment Chapter 75 Of Chapter 175 - Fees
The Common Council of the City of Buffalo does hereby ordain as
follows:
That the fees of Chapter 75-18 of Chapter 175, coin controlled amusement
device fee and arcade license, be amended to read as follows:
Per [device] location [$47.25] $141.75
Per device in arcade $78.75
APPROVED AS TO FORM
Laurence K. Rubin
Corporation Counsel
NOTE: Matter in brackets [ ] to be deleted; matter underlined is new.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 199
By: Mrs. LoTempio and Messrs. Bell and Fahey
Ordinance Amendment Chapter 144 Of Chapter 175 - Fees
The Common Council of the City of Buffalo does hereby ordain as
follows:
That the fees of Chapter 144 of Chapter 144, Contractors be amended to
read as follows:
Chapter 144, Contractors
144-8F, home-improvement licenses
Handyman [$105.00] $200.00
Home-improvement contractor [$210.00] $300.00
Specialty contractor $400.00
Light commercial contractor $400.00
New housing contractor [$315.00] $450.00
General contractor [$420.00] $525.00
Sub-contractor $300.00
Construction management $300.00
Salesman's license or renewal [$ 52.50] $60.00
Duplicate license $ 10.50
144-12, demolition contractors
license [$420.00]
Grade 1 $210.00
Grade 2 $315.00
Grade 3 $420.00
Grade 4 $525.00
APPROVED AS TO FORM
Laurence k. Rubin
Corporation Counsel
NOTE: Matter in brackets [ ] to be deleted; matter underlined is new.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 200
By: Mrs. LoTempio and Messrs. Bell and Fahey
Ordinance Amendment Chapter 491 of Chapter 175 - Fees
The Common Council of the City of Buffalo does hereby ordain as
follows:
That the fees of Chapter 370, Restaurants, of Chapter 175 be amended to
read as follows:
Restaurant Takeout $31.50
Temporary Stand $31.50
Catering Service $31.50
APPROVED AS TO FORM
Laurence K. Rubin
Corporation Counsel
NOTE: Matter in brackets [ ] to be deleted; matter underlined is
new.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 201
By: Mrs. LoTempio and Messrs. Bell and Fahey
Ordinance Amendment Chapter 186 - Flammable Liquids
The Common Council of the City of Buffalo does hereby ordain as
follows:
That Section 186-5(A) of Chapter 186 of the Code of the City of Buffalo
be amended to read as follows:
186-5. Expiration, revocation and fees for license
for storage, sale, handling, use or transport.
A. The annual license shall expire on [December 31] November 1 of each year,
unless sooner revoked by the Director of Licenses for cause after a hearing.
IT IS HEREBY CERTIFIED, pursuant to Section 34 of the Charter, that the
immediate passage of the foregoing ordinance is necessary.
APPROVED AS TO FORM
Laurence K. Rubin
Corporation Counsel
NOTE: Matter in brackets [ ] to be deleted; matter underlined is new.
PASSED.
AYES- 12 NOES- 0
No. 202
By: Mrs. LoTempio and Messrs. Bell and Fahey
Ordinance Amendment
Chapter 254 - Junk Dealers And Pawnbrokers
The Common Council of the City of Buffalo does hereby ordain as
follows:
That Section 254-22 of Chapter 254 of the Code of the City of Buffalo be
amended to read as follows:
254-22. Expiration of license.
All licenses granted pursuant to this chapter shall expire on the 1st day
of July next following the date of their issue, except those issued for
collecting, buying or selling in or upon the streets by hand wagon, horse and
wagon or motor vehicle, which said licenses shall expire on March 1 next
following the date of their issue, and also except those licenses issued to do
business in used or secondhand automobiles, which licenses shall expire on the
[31st of December] 1st day of May next following their date of issue, and no
such license shall be assigned without the approval of the Director of Licenses
and Permits.
IT IS HEREBY CERTIFIED, pursuant to Section 34 of the Charter, that the
immediate passage of the foregoing ordinance is necessary.
APPROVED AS TO FORM
Laurence K. Rubin
Corporation Counsel
NOTE: Matter in brackets [ ] to be deleted; matter underlined is new.
PASSED.
AYES- 12 NOES- 0
No. 203
By: Mrs. LoTempio and Messrs. Bell and Fahey
Ordinance Amendment Chapter 263 - Licenses
The Common Council of the City of Buffalo does hereby ordain as
follows:
That Section 263-4 of Chapter 263 of the Code of the City of Buffalo be
amended to read as follows:
263-4. Tire recapping or rebuilding plants.
A license shall be required to conduct or maintain any tire recapping or
rebuilding plant, which shall be issued by the Director of Licenses and
Permits, subject to the approval of the Fire Prevention Bureau. Said license
shall expire on [December 31] November 1 after issuance and be renewable
annually thereafter. The fee therefor shall be as provided in Chapter 175,
Fees.
IT IS HEREBY CERTIFIED, pursuant to Section 34 of the Charter, that the
immediate passage of the foregoing ordinance is necessary.
APPROVED AS TO FORM
Laurence K. Rubin
Corporation Counsel
NOTE: Matter in brackets [ ] to be deleted; matter underlined is new.
PASSED.
AYES- 12 NOES- 0
No. 204
By: Mrs. LoTempio and Messrs. Bell and Fahey
Ordinance Amendment Chapter 263 - Licenses
The Common Council of the City of Buffalo does hereby ordain as
follows:
That the heading of Article IV, Chapter 263, Section 263-23 be amended to
read as follows:
263-23. [Fee Increase] License & Permits: Fines and
Penalties.
and that Chapter 263-23 of the Code of the City of Buffalo be amended to read
as follows:
A. In the event that any work or installation requiring a permit or
license under this or any other chapter is commenced prior to the issuance of
the required permit or license, the fee for the permit or license shall be
double the fee stated herein, or the additional sum of fifty dollars ($50.),
whichever is greater. This shall be in addition to any other penalty provided
in the ordinances or in any other law on account of commencement of said work
or installation without required permits or licenses; however, such additional
sum shall not exceed the sum of one thousand five hundred dollars ($1,500.).
B. In the event that an establishment requiring a license or permit
under this or any other chapter is not obtained within thirty (30) days of
billing or expiration date, the fee for the license or permit shall be doubled.
This shall be in addition to any other penalty provided in the ordinances or
in any other law.
APPROVED AS TO FORM
Laurence K. Rubin
Corporation Counsel
NOTE: Matter in brackets [ ] to be deleted; matter underlined is new.
REFERRED TO THE COMMITTEE ON LEGISLATION
No. 205
By: Mrs. Lotempio and Messrs. Bell and Fahey
Ordinance Amendment
Chapter 266 - Liquefied Petroleum Gas
The Common Council of the City of Buffalo does hereby ordain as
follows:
That Section 266-3(A) of Chapter 266 of the Code of the City of Buffalo
be amended to read as follows:
266-3. License or permit required; exceptions.
A. A license shall be obtained for each installation of liquefied petroleum
gas employing a container or an aggregate of interconnected containers of over
two thousand (2,000) gallons' water capacity or if quantities of liquefied
petroleum gas are stored that exceed three hundred (300) pounds (approximately
two thousand five hundred fifty (2,550) cubic feet in vapor form) on the
premises, which shall be issued by the Director of Licenses subject to the
approval of the Bureau of Fire Prevention. Said license shall expire on
[December 31] November 1 after issuance and be renewable thereafter. The fee
therefor shall be as provided in Chapter 175, Fees.
IT IS HEREBY CERTIFIED, pursuant to Section 34 of the Charter, that the
immediate passage of the foregoing ordinance Is necessary.
APPROVED AS TO FORM
Laurence K. Rubin
Corporation Counsel
NOTE: Matter in brackets [ to be deleted; matter underlined is new.
PASSED.
AYES- 12 NOES- 0
No. 206
By: Mrs. LoTempio and Messrs. Bell and Fahey
Ordinance Amendment Chapter 269 - Lodging Houses
The Common Council of the City of Buffalo does hereby ordain as
follows:
That Section 269-5 of Chapter 269 of the Code of the City of Buffalo be
amended to read as follows:
269-5. Expiration; reissuance.
A lodging house license shall expire on the [first day of February] 1st
day of January next after issuance. Applications for reissuance of a license
may be made thirty (30) days prior to the expiration date and shall in any
event be made not later than January 31 next after its original issuance. Each
applicant for reissuance shall be required to submit a new application
therefor.
IT IS HEREBY CERTIFIED, pursuant to Section 34 of the Charter, that the
immediate passage of the foregoing ordinance Is necessary.
APPROVED AS TO FORM
Laurence K. Rubin
Corporation Counsel
NOTE: Matter in brackets [ to be deleted; matter underlined is new.
PASSED.
AYES- 12 NOES- 0
No. 207
By: Mrs. Lotempio and Messrs. Bell and Fahey
Ordinance Amendment Chapter 370 - Restaurants
The Common Council of the City of Buffalo does hereby ordain as
follows:
That Section 370-1 of Chapter 370 be amended to read as follows:
370-1. Definitions.
RESTAURANT - Any hotel, public restaurant, public dining room, dining car,
drugstore, soda fountain, steamboat, catering service, restaurant takeout, or
other similar establishment where food or drink is prepared for sale or sold,
whether or not consumption of such food or drink is intended to take place at
such establishment.
TEMPORARY STAND - Any temporary establishment were food or drink is prepared
for sale or sold during a special event within the City of Buffalo.
That Section 370-3 be amended to read as follows:
370-3. Referral and approval of license application.
B. Before the issuance of such license, the Director of Licenses and Permits
shall also refer said application to the Commissioner of Fire and the [Director
of New Construction] Director of Housing and Property Inspections for their
approval. The approval of the Commissioner of Fire shall cover such matters as
fire hazards, safe means of exit, fire-fighting equipment, etc. The approval
of the [Director of New Construction] Director of Housing and Property
Inspections shall cover generally matters of structural safety, building
permits, occupancy certificates and the applicable requirements of the Building
and Zoning Ordinances and state laws relating to matters of structural safety.
C. [The foregoing approval may be stamped or printed on said application in
the form as directed by the Director of Licenses and Permits, subject to the
provisions of this section] Before issuing any license for restaurant, the
Director of Licenses shall also refer said application to the Precinct Captain
and Commissioner of Police for their investigation regarding citizen
complaints, loud music, rowdy patrons and/or criminal activities. With
approval or disapproval of application returned to the Director of Licenses.
[C.] D. The foregoing approval may be stamped or printed on said application in
the form as directed by the Director of Licenses and Permits, subject to the
provisions of this section.
That Section 370-4 be amended to read as follows:
370-4. Expiration of license; fees.
A. Said license shall expire on [September 1] February 1 after the issuance
thereof, unless revoked by the Director of Licenses and Permits for cause.
B. The annual fee for said license shall be based upon seating capacity as
provided in Chapter 175, Fees] If outstanding complaints are not resolved a
hearing will be held before renewal is granted.
[B.] C. The annual fee for licenses shall be provided in Chapter 175. Fees.
That Section 370-18 be amended to read as follows:
370-18. Inspections[;]. [revocation of license.]
[The Health Commissioner shall cause the premises, surroundings,
equipment and food supplies of all restaurants to be examined from time to
time; and if any condition contrary to 370-2 through 370-17 is found, the
Health Commissioner may request the Director of Licenses and Permits to revoke
any license granted hereunder, in accordance with Section 102 of the Charter.]
The Director of Licenses may request inspections from the Health Department
when deemed necessary; and if any condition contrary to 370-2 through 370-17 is
found.
That Section 370-19 be added to read as follows:
370-19. Revocation, suspension or non-renewal of license.
The license of any person granted under this chapter may be suspended,
revoked or renewal thereof refused by the Director of Licenses upon
determination by the Director, after notice and hearing before him, in
accordance with Section 185 of the Charter.
APPROVED AS TO FORM
Laurence K. Rubin
Corporation Counsel
NOTE: Matter in brackets [ ] to be deleted; matter underlined is new.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 208
By: Mrs. LoTempio and Messrs. Bell and Fahey
Ordinance Amendment Chapter 370 - Restaurants
The Common Council of the City of Buffalo does hereby ordain as
follows:
That Section 370-4(A) of Chapter 370 of the Code of the City of Buffalo
be amended to read as follows:
370-4. Expiration of license; fees.
A. Said license shall expire on [September 1] February 1 after the issuance
thereof, unless revoked by the Director of Licenses and Permits for cause.
IT IS HEREBY CERTIFIED, pursuant to Section 34 of the Charter, that the
immediate passage of the foregoing ordinance is necessary.
APPROVED AS TO FORM
Laurence K. Rubin
Corporation Counsel
NOTE: Matter in brackets [ ] to be deleted; matter underlined is new.
PASSED.
AYES- 12 NOES- 0.
No. 209
By: Mrs. LoTempio and Messrs. Bell and Fahey
Ordinance Amendment Chapter 404
Snow Removal Operations
The Common Council of the City of Buffalo does hereby ordain as
follows:
That Section 404-2 of Chapter 404 of the Code of the City of Buffalo be
amended to read as follows:
404-2. License required; expiration; transferability.
It shall be unlawful for any person who receives compensation for
services of snow removal operations by use of a motor vehicle to do so without
obtaining a license for each motor vehicle used in such operations from the
Commissioner of Inspections and Licenses annually. All such licenses shall
expire on [October 1] September 1 of each year. No license issued under this
chapter shall be transferable or assigned to or used by any other vehicle other
than the one for which the license was issued.
IT IS HEREBY CERTIFIED, pursuant to Section 34 of the Charter, that the
immediate passage of the foregoing ordinance is necessary.
APPROVED AS TO FORM
Laurence K. Rubin
Corporation Counsel
NOTE: Matter in brackets [ ] to be deleted; matter underlined is new.
PASSED.
AYES- 12 NOES- 0
No. 210
By: Mrs. LoTempio and Messrs. Bell and Fahey
Ordinance Amendment Chapter 454 - Tow Trucks
The Common Council of the City of Buffalo does hereby ordain as
follows:
That Section 454-6 of Chapter 454 of the Code of the City of Buffalo be
amended to read as follows:
454-6. License fees; expiration.
The annual license fee for doing business as the owner or operator of a
tow truck within the City of Buffalo shall be the sum as provided in Chapter
175, Fees, and such license shall expire on [April 1] September 1 following the
date of issuance.
IT IS HEREBY CERTIFIED, pursuant to Section 34 of the Charter, that the
immediate passage of the foregoing ordinance is necessary.
APPROVED AS TO FORM
Laurence K. Rubin
Corporation Counsel
NOTE: Matter in brackets [ ] to be deleted; matter underlined is new.
PASSED.
AYES- 12 NOES- 0.
No. 211
By: Mr. Perla
Amend Vehicle Parking Restrictions on Niagara Street between Hampshire
St. and Forest Avenue during Peak Hours due to N.Y. Thruway Repairs
Whereas: Construction work to repair the Niagara Section of the
New York State Thruway commenced in March, 1993, detouring tremendous volumes
of traffic to alternate routes within the city; and
Whereas: Niagara Street being a main artery that runs parallel to the
stretch of N.Y.S. Thruway under construction has become the primary detour
route and most frequently traveled alternative for motorists trying to gain
access to the Scajaquada Expressway and northern sections of the city and
Whereas: This enormous onslaught of traffic during the peak rush hours from
6 A.M. to 9 A.M. and 3 P.M. to 6 P.M. has created serious traffic problems and
in some cases hazardous situations attributed to the increased volume of
tractor trailer trucks, buses and passenger cars; and
Whereas: Niagara Street businesses and restaurants are suffering due to the
barrage of traffic because patrons are reluctant to frequent their businesses
due to lengthy traffic delays and fear for their safety; and
Whereas: Amending the Parking Ordinance (serial # 8288) to prohibit vehicle
parking on one side of Niagara Street between Hampshire St. to Forest Avenue
would widen the street and provide easier access for traffic during peak hours
from 6 A.M. to 9 A.M. and 3 P.M. to 6 P.M. daily.
Now, Therefore Be It Resolved That:
This Common Council requests the Corporation Counsel and Department of
Public Work to prepare an amendment Parking Ordinance (serial # 8288) to
include the above restrictions.
ADOPTED.
No. 212
By: Messrs. Perla and Amos
Creation Of A City Of Buffalo Ordinance
To Prohibit The Sale Of Aerosol Spray Paint Containers
And Marker Pens To Minors
Whereas: The City of Buffalo has experienced an increase in graffiti,
vandalism, and property defacement crimes; and
Whereas: Most of these graffiti and vandalism related offenses are committed
by minors (under 18 years of age) using aerosol spray paint containers and
marker pens; and
Whereas: Through the creation of the PACE program the Common Council is
attempting to combat such offenses committed by minors; and
Whereas: To further combat the problems of graffiti and vandalism committed
by minors other cities have prohibited the sale of aerosol spray paint
containers and marker pens to minors; and
Whereas: In Milwaukee, Wisconsin the sale of such products is prohibited to
minors; sellers are also required to demand proof of age from buyers, post
warning signs, and place the products in an area where they can be monitored
during hours of operation; and
Whereas: Hollywood, Florida provides fines to be imputed to the minor's
parent or legal guardian for any graffiti offense a minor violates; and
Whereas: There is no ordinance in the City of Buffalo to regulate the sale
of such products to minors and to require retailers to follow certain selling
guidelines; and
Whereas: An ordinance prohibiting the sale of aerosol spray paint containers
and marker pens to minors would be effective to aid in the process of combating
graffiti and vandalism; and
Now, Therefore, Be It Resolved:
That the Common Council request the Corporation Counsel to review the
attached ordinances from Milwaukee, Wisconsin and Hollywood, Florida and to
draft a similar ordinance for the City of Buffalo, prohibiting the sale of
aerosol spray paint containers and marker pens to minors and describing proper
procedures for selling such materials; and
Be It Further Resolved:
That this ordinance require the seller to:
1. demand buyers to present proof of age,
2. conspicuously post warning signs specifying conditions of the ordinance,
and
3. obey selling procedures described in the ordinance.
ADOPTED.
AYES- AMOS, BELL, COLLINS, COPPOLA, FAHEY, FRANCZYK, HIGGINS, PERLA, PITTS
ZUCHLEWSKI- 10.
NOES- ARTHUR, LOTEMPIO-2.
No. 213
By: Mr. Pitts
Salary Ordinance Amendment
09 - Department Of Assessment
The Common Council of the City of Buffalo do ordain as follows:
That part of Section 1 of Chapter 35 of the Ordinances of the City of
Buffalo, relating to 09 - Department of Assessment which reads:
1 Senior Account Clerk Stenographer $20,382- $23,017
1 Account Clerk Typist 19,346- 21,601
is hereby amended to read:
2 Account Clerk Typist $19,346 - $21,601
WE, Joseph Tanzella, Commissioner of Assessment and Thomas F. Keenan,
Director of the Budget, hereby certify that the deletion of one Senior Account
Clerk Stenographer position and the creation of one Account Clerk Typist
position is necessary for the proper conduct, administration and performance of
essential services of that department. We recommend that the compensation for
said position be fixed at the respective amount set forth in the foregoing
ordinance.
That a personnel requisition incident to the creation of the above
mentioned position, containing a statement of the duties for such position, has
been filed with the Municipal Civil Service Commission, and said Commission has
approved and certified the position title set forth in the foregoing ordinance
as being the appropriate Civil Service title for the proposed position.
APPROVED AS TO FORM
Laurence K. Rubin
Corporation Counsel
REFERRED TO THE COMMITTEE IN CIVIL SERVICE.
No. 214
By: Mr. Pitts
Salary Ordinance Amendment
40-1 Division Of Engineering
The Common Council of the City of Buffalo do ordain as follows:
That part of Section 1 of Chapter 35 of the Ordinances of the City of
Buffalo, relating to 40-1 Division of Engineering, under the subheading "014 -
Construction of Streets" which reads:
11 Engineering Inspector $26,360- $30,533
1 Junior Engineer $25,394- 29,665
is hereby amended to read:
10 Engineering Inspector $26,360- $30,533
2 Junior Engineer $25,394- 29,665
WE, DAVID P. COMERFORD, Commissioner of Public Works and THOMAS F.
KEENAN, Director of the Budget, hereby certify that the deletion of one (1)
Engineering Inspector and the creation of one (1) Junior Engineer position is
necessary for the proper conduct, administration and performance of essential
services of that department. We recommend that the compensation for said
positions be fixed at the respective amount set forth in the foregoing
ordinance.
That a personnel requisition incident to the creation of the
above-mentioned position, containing a statement of the duties for such
position, has been filed with the Municipal Civil Service Commission, and said
Commission has approved and certified the position title set forth in the
foregoing ordinance as being the appropriate Civil Service title for the
proposed positions.
APPROVED AS TO FORM
Laurence K. Rubin
Corporation Counsel
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
No. 215
By: Mr. Pitts
Salary Ordinance Amendment
40-2 Division Of Buildings
The Common Council of the City of Buffalo do ordain as follows:
That part of Section 1 of Chapter 35 of the Ordinances of the City of
Buffalo, relating to 40-2 Division of Buildings, under the subheading "031-
Operation & Maintenance of Public Buildings" is hereby amended by adding
thereto:
1 Master of the Fireboat $30,000
1 Marine Engineer $30,000
2 Assistant Marine Engineer $30,000
1 Marine Oiler $30,000
IT IS HEREBY CERTIFIED, pursuant to Section 34 of the Charter, that the
immediate passage of the foregoing ordinance is necessary.
WE, DAVID P. COMERFORD, Commissioner of Public Works and THOMAS F.
KEENAN, Director of the Budget, hereby certify that this change pursuant to the
Memorandum of Agreement among the parties is necessary for the proper conduct,
administration and performance of essential services of that department. We
recommend that the compensation for said positions be fixed at the respective
amount set forth in the foregoing ordinance.
APPROVED AS TO FORM
Laurence K. Rubin
Corporation Counsel
PASSED.
AYES- 12 NOES- 0.
No. 216
By: Mr. Pitts
Salary Ordinance Amendment
21-0 Department of Fire
023- Fire Alarm and Telegraph System
The Common Council of the City of Buffalo do ordain as follows:
That part of Section 1 of Chapter 35 of the Ordinances of the City of
Buffalo, relating to 21-0 Department of Fire, and further relating to
Firefighters under the subheading "023 - Fire Alarm and Telegraph System" which
reads:
12 Asst. Fire Alarm Dispatcher $25,060 - $33,878
is hereby amended to read:
12 Asst. Fire Alarm Dispatcher $25,060- $33,878
1 Asst. Fire Alarm Dispatcher 25,060- 33,878
(Robert Heisler only)
1 Asst. Fire Alarm Dispatcher 25,060- 33,878
(Richard Furman only) 25,060- 33,878
1 Asst. Fire Alarm Dispatcher 25,060- 33,878
(Leslie Gray only)
We, Paul S. Shanks, Commissioner of Fire and Thomas F. Keenan, Director
of the Budget, hereby certify that the above changes are necessary for the
proper conduct, administration and performance of essential services of that
department. We recommend that the compensation for said position be fixed at
the respective amount set forth in the foregoing ordinance.
APPROVED AS TO FORM
Laurence K. Rubin
Corporation Counsel
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
No. 217
By: Mr. Pitts
Salary Ordinance Amendment
05 - Civil Service Commission
The Common Council of the City of Buffalo do ordain as follows:
That part of Section 1 of Chapter 35 of the Ordinances of the City of
Buffalo, relating to 05-0 - Civil Service Commission under the subheading "001
- Administrative & Advisory" which reads:
1 Stenographic Secretary $23,049 - $26,573
is hereby amended to read:
1 Legal Stenographer $21,533- $25,080
1 Stenographic Secretary
(Nancy Schuster only) $23,049- $26,573
It is hereby certified, pursuant to Section 34 of the Charter, that the
immediate passage of the foregoing ordinance is necessary.
We, Sharon Comerford, Administrative Director of the Civil Service
Commission and Thomas F. Keenan, Director of the Budget, hereby certify that
the above change from one (1) Stenographic Secretary to one (1) Legal
Stenographer is necessary for the proper conduct, administration and
performance of essential services of that department. We recommend that the
compensation for said position be fixed at the respective amount set forth in
the foregoing ordinance.
That a personnel requisition incident to the creation of the
above-mentioned positions, containing a statement of the duties of such
positions, has been filed with the Municipal Civil Service Commission, and said
Commission has approved and certified the position title set forth in the
foregoing ordinance as being the appropriate Civil Service title for the
proposed positions.
APPROVED AS TO FORM
Laurence K. Rubin
Corporation Counsel
PASSED.
AYES- AMOS, BELL, COLLINS, COPPOLA, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO, PERLA,
PITTS, ZUCHLEWSKI- 11.
NOES- ARTHUR- 1.
No. 218
By: Mr. Pitts
Disapproval of Rezoning at 164 Swan Street
Whereas: Ellicott Management has applied for a rezoning of 164
Swan Street. This request would rezone existing property at Michigan Avenue
and South Division Street for a commercial parking Lot, and
Whereas: The affected property is presently zoned R-3, the zoning would make
it C-1. There are also six houses on the property which are rented, and
Whereas: The affected property is part of the Ellicott Redevelopment Urban
Renewal Area. This parcel as well as the remaining parcel to Pine Street is
only supposed to accommodate housing. In fact the City just sponsored the
development of fifty new houses on this parcel, and
Whereas: The petition to rezone is flawed. There is no 164 Swan Street
noted on the Sanborn maps. The notices sent out about the Hearing did not
stipulate the other addresses namely, 164-192 Swan Street and 175- 182 South
Division Street, and
Whereas: The notices for the rezoning were only sent to a few of the
affected property owners within four hundred feet. Particularly, residents
living in the six houses weren't even notified, and
Whereas: A petition has been filed against this rezoning by residents and
affected property owners within four hundred feet. This would legally
constitute a remonstrance, and
Whereas: If this parcel is allowed to become a commercial parking lot it
will have a negative impact on the new housing just developed in the area as
well as the newly approved Ellicott Mall Redevelopment plan. Clearly, a parking
Lot is not the highest and best use of the parcel, and
Whereas: Such a request to rezone is improper and would necessitate a change
in the Urban Renewal Plan.
Now Therefore Be It Resolved That: The Common Council disapproves of the
requested rezoning of 164 Swan Street, et a l.
Be it Further Resolved That: The Common Council requests the Zoning Board of
Appeals to deny the application because it is improper and is not the highest
and best use of the parcel.
ADOPTED.
No. 219
By: Mr. Pitts
Discharge Civil Service Committee
Salary Ordinance Amendment - Audit
(Res 199, C.C.P., April 13, 1993)
Whereas; the above item is currently tabled in committee, 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 from further consideration of this item, and the item
is now before the Common Council for its consideration.
ADOPTED.
AYES- AMOS, BELL, COLLINS, COPPOLA, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO, PERLA,
PITTS, ZUCHLEWSKI- 11.
NOES- ARTHUR- 1.
Mr. Pitts now moved:
That the Salary Ordinance amendment as contained in Item #199 CCP, April
13, 1993, relating to the Department of Audit be and hereby is approved.
PASSED.
AYES- AMOS, BELL, COLLINS, COPPOLA, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO, PERLA,
PITTS, ZUCHLEWSKI- 11.
NOES- ARTHUR- 1.
No. 220
By: Mr. Pitts
Dedication of St. John Christian Academy
Whereas: On Sunday April 25, 1993 the St. John Baptist Church will
formally dedicate its newly developed St. John Christian Academy. This
celebratory opening will Launch a dream come true, for the church under the
able leadership of Rev. Bennett W. Smith, Sr. Pastor, and
Whereas: The St. John Christian Academy will open in September of 1993, and
will provide an educational program for preschool, kindergarten, first and
second grades. The Academy offers a "Model for -Change" program designed to
meet the students intellectual, social, spiritual and physical needs, and
Whereas: The dedication of the new building to house the St. John Christian
Academy represents a continued and consistent effort by the St. John Baptist
Church family to guide, enhance and enrich the quality of Life of the community
and City of Buffalo. The Academy believes that "respect for home and community
will provide an ongoing basis for positive behavior", and
Whereas: On this auspicious and pioneering day we take time to truly give
thanks to God's blessings.
Now Therefore Be it Resolved That: The Common Council extends its
congratulations to Rev. Bennett W. Smith, Sr. and the St. John's Baptist
Church for their vision and diligence in opening the St. John Christian
Academy.
Further Be It Resolved That: In honor of the spirit and purpose of the Academy
the Common Council declares September 1993, St. John Academy month in the City
of Buffalo.
ADOPTED.
No. 221
By: Mr. Zuchlewski
Civil Service Listing On
Sr. Accountant, Sr. Auditor Jr. Auditor
Whereas: The New York State Civil Commission has notified the City
of Buffalo concerning test results on the job titles of Sr. Accountant, Sr.
Auditor and Jr. Auditor and
Whereas: The Buffalo Civil Service Commission has not made this listing
available to individuals who may have taken this test ; and
Whereas: The City of Buffalo by law has an obligation to notify all eligible
participants as to the final results of each test ;and
Now, Therefore, Be It Resolved:
That the Buffalo Civil Service Commission make public all results
available to job titles of Sr. Accountant, Sr. Auditor and Jr. Auditorr.
ADOPTED.
No. 222
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, 1994, conditional upon the persons so
appointed certifying under oath to their qualifications and filing same with
the City Clerk:
Chantel Michaux
Charles M. Swanick
Janet L. Gantz
Alan D. Delmar
Total 4.
ADOPTED.
No. 223
By: Mr. Zuchlewski
Appointments Commissioners of Deeds
That the following persons are hereby appointed as Commissioner
of Deeds for the term ending December 31, 1994, conditional upon the persons so
appointed certifying under oath to their qualifications and filing same with
the City Clerk:
Stephen F. Root
Allen W. Brown
Louis G. Meurer, III
Gloria White
Charles Henderson
Bernadette Christy
Deboralene E. Henderson
Kay Washowski
Guy C. Giancarlo
Jeremy M. Brown
Christine L. Keller
Beatrice Teta Szczerbacki
Total 12.
ADOPTED.
No. 224
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 4, 1993 9:30 AM
Finance Tuesday, MAY 4, 1993
Immediately Following Civil Service
Legislation Tuesday, MAY 4, 1993 2:00 PM
Economic Dev. Tuesday, MAY 4, 1993, 1:00 PM
No. 225
Adjournment
On a motion by Mr. Fahey, Seconded by Mr. Pitts the Council adjourned
at 3:40 p.m.
Charles L. Michaux, III City Clerk
Meeting Reported By Leonard G. Sciolino, Council and Committee Reporter.
Board of Police and Fire
Pension Proceedings #
Mayor's Office-201 City Hall
April 29, 1993-11:00 a.m.
Present: George K. Arthur, Council President; James D. Griffin,
Mayor; R. Michael McNamara, Deputy Comptroller-3
Absent: None
The Journal of the last Meeting was approved.
No. 1
I transmit herewith the Pension Payroll for the Fire Pension Fund
for the month of April 1993 amounting to $31,743.00, and respectfully request
that checks be drawn to the order of the persons named herein for the amounts
stated.
Adopted
Ayes-3. Noes-0.
No. 2
I transmit herewith the Pension Payroll for the Police Pension
Fund for the month of April 1993 amounting to $36,450.11, and respectfully
request that checks be drawn to the order of the persons named herein for the
amounts stated.
Adopted
Ayes-3. Noes-0.
No. 3
The following annuitants have been cancel led from the Police
Pension Payroll:
Alvin B. Ruhle Died March 12, 1993
Marguerite Scherer Died January 13, 1993
Received and Filed
No. 4
Mr. Arthur moved that the application of James B. Ruhle for a
pension on account of the death of his father, Alvin B. Ruhle, who died on
March 12, 1993, be granted and that he receive a child's pension of $570.00 per
month, effective March 13, 1993. Adopted
Ayes-3. Noes-0.
No. 5
On motion by Mr. Griffin, the City of Buffalo Police and Fire
Pension Board Meeting adjourned at 11:10 a.m.