HomeMy WebLinkAbout93-0525
No. 111
Common Council
Proceedings
of the
City of Buffalo
Special Session May 21, 1993
Regular Meeting May 25, 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.
COMMON COUNCIL
CITY HALL
BUFFALO, NEW YORK
SPECIAL SESSION
MAY 21, 1993
AT 2:00 P.M.
Present - George K. Arthur, President of the Common Council and Councilmembers:
Amos, Bakos, Bell, Collins, Coppola, Fahey, Franczyk, Higgins, LoTempio, Perla,
Pitts, Zuchlewski. - 13
Absent - None.
No. 1
Mr. Charles L. Michaux, III
City Clerk
1308 City Hall
Buffalo, New York
Call For Special Session
Dear Mr. Michaux:
Pursuant to Section 30 of the Charter of the City of Buffalo, upon the
written request of five Council Members of the City of Buffalo, dated May 19,
1993, presented to you herewith, I hereby call a Special Meeting of the Common
Council, to be held in the Council Chambers, City Hall, Buffalo, New York, on
May 21, 1993 at 2:00 p.m. for the following purpose:
To receive, consider and take appropriate action on the Mayor's 1993-94
budget and to consider and take appropriate action on all other items in the
Committee of the Whole; and
To receive, consider and take appropriate action on the tabled items in
the Common Council relating to the 1993-94 budget.
RECEIVED AND FILED.
Hon. George K. Arthur
President of the Common Council
1315 City Hall
Buffalo, New York
Dear Sir:
WE, the undersigned, members of the Common Council, hereby request that
you call a Special Meeting of the Common Council, pursuant to Section 30 of the
Charter of the City of Buffalo, for the following purpose:
To receive, consider and take appropriate action on the Mayor's 1993-94
budget and to consider and take appropriate action on all other items in the
Committee of the Whole; and
To receive, consider and take appropriate action on the tabled items in
the Common Council relating to the 1993-94 budget.
WE request that this Special Meeting be held on May 21, 1993 at 2:00 p.m.
Norman Bakos
Rosemarie LoTempio
Alfred T. Coppola
Eugene M. Fahey
David Collins
Pursuant to Rule 2 of the Rules of Order of the Common Council of the
City of Buffalo, each of the following named members of the Common Council, to
wit:
ARCHIE L. AMOS, JR. DAVID FRANCZYK
NORMAN M. BAKOS CARL A. PERLA, JR.
CLIFFORD BELL BRIAN HIGGINS
DAVID A. COLLINS ROSEMARIE LOTEMPIO
ALFRED T. COPPOLA JAMES W. PITTS
EUGENE M. FAHEY DALE ZUCHLEWSKI
hereby states that he/she received twenty-four (24) hours' notice of the time
and purpose of the Special Meeting of the Common Council duly called to be held
on May 21, 1993 at 2:00 p.m.
STATE OF NEW YORK)
COUNTY OF ERIE) ss:
CITY OF BUFFALO
On this 20th day of May 1993, before me, the subscribers, personally
appeared Norman Bakos, Alfred T. Coppola, Brian Higgins, Archie L. Amos, Jr.,
James W. Pitts, Carl A. Perla, Jr., David Franczyk
to me known to be the same persons described in and who executed the foregoing
instrument, and they duly and severally acknowledged to me that they executed
the same.
Richard Okoniewski
Commissioner of Deeds
My Commissioner expires 12/31/94
TO EACH MEMBER OF THE COMMON COUNCIL:
YOU ARE HEREBY NOTIFIED that, pursuant to Section 30 of the Charter of
the City of Buffalo, upon the written request of five Council Members, dated
May 19, 1993 t] HON. GEORGE K. ARTHUR, has called a Special Meeting of the
Common] Council, to be held in the Council Chambers, City Hall, Buffalo, New
York, on May 21, 1993 at 2:00 p.m. for the following purpose:
To receive, consider and take appropriate action on the Mayor's 1993-94
budget and to consider and take appropriate action on all other items in the
Committee of the Whole; and/or
To receive, consider and take appropriate action on the tabled items in
the Common Council relating to the 1993-94 budget.
No. 2
Discharge Committee of the Whole From Consideration Of All Items Dealing With
The 1993-1994 Budget
Mr. Fahey moved that the following forty-eight (48) items, relating
to the 1993-1994 Budget, now in the Committee of the Whole, be discharged from
further consideration by that committee.
1. Com 1 May 3 1993-94 Budget (Mayor}
2. Res 3 May 3 Ord. Amend. Ch. 16 - Finance
3. Res 4 May 3 Ord. Amend. Ch. 35 - Personnel Policies
4. Res 5 May 3 Ord. Amend. Ch.109 - Bldgs., Numbering of
5. Res 6 May 3 Ord. Amend. Ch.129 - Cert. of Occupancy
6. Res 7 May 3 Ord. Amend. Ch.137 - Code Enforcement
7. No 198 Apr 27 Ord. Amend. Ch.175 (75)- Arcade Lic. Fee
8. Res 8 May 3 Ord. Amend. Ch.175 (85,etc.) - Fees
9. Res 9 May 3 Ord. Amend. Ch.175 (96,etc.) - Fees
10. Res 21 May 3 Ord. Amend. Ch.175 (103) - Fees
11. Res 10 May 3 Ord. Amend. Ch.175 (109) - Fees
12. Res 11 May 3 Ord. Amend. Ch.175 (129) - Fees
13. No 104 May 11 Ord. Amend. Ch.175 (144) - Contractor Fee
14. Res 12 May 3 Ord. Amend. Ch.175 (263) - Fees
15. Res 167 May 11 Ord. Amend. Ch.175 (264) Hsg. Rental Lic.
16. Res 13 May 3 Ord. Amend. Ch.175 (307) - Fees
17. Res 14 May 3 Ord. Amend. Ch.175 (326) - Fees
18. Res 15 May 3 Ord. Amend. Ch.175 (479) - Fees
19. No 105 May 11 Ord. Amend. Ch.175 (491) - Rest. Fees
20. Res 16 May 3 Ord Amend Ch. 216 Garbage, Rubbish/Refuse
21. Res 17 May 3 Ord. Amend. Ch.263 23-Alarm Sys. Mon. Bus.
22. Res 168 May 11 Ord. Amend. Ch.264 - Hsg. Rental License
23. Res 18 May 3 Ord. Amend. Ch.307 - Pkg. & Pkg. Lots
24. Res 19 May 3 Ord. Amend. Ch.479 - Vehicles & Traffic
25. Res 24 May 3 L.L. Intro. 2 (1993) Police/Fire Pensions
26. Res 22 May 3 L.L. Intro. 3 (1993) Div. of Collections
27. Res 20 May 3 Ticket Surcharge
28. Res 174 May 11 Ord.- Correct Hsg. Code Violations
29. Res 23 May 3 Consolidation of Fire Companies
30. Com 14 Apr 13 Cultural Grt. Fund. Rec. 93/94 (Arts Comm)
31. No 86 Feb 16 Bflo. Fin. Plan. Commission- Final Report
32. Res 161 Feb 16 Support Fin. Commission Report Principles
33. No 103 Mar 16 Local 35- Items Supported in Fin. Plan Rept.
34. No 94 Mar 16 AFL/CIO Council- Opp. Fin. Comm. Findings
35. No 87 Apr 13 AFL-CIO AFSCME Involve in Fin Plan Process
36. No 92 Apr 13 A.Coppola-Gr.Bflo.Part.Eff.Support Fin. Plan
37. Res 127 Mar 2 Support Labor/Mgmt. Cooper. Opp. Privatiz.
38. No 132 Mar 16 Local 282- Opp. Fin. Comm. Findings
39. No 108 Mar 16 LoTempio Garage Consolidation Report
40. No 131 Apr 27 Police Reorganization Update (Pol)
41. Com 83 Mar 16 Standardize In-Lieu Med. Ins. Pay. (A&F)
42. Res 196 Mar 16 Provide Lowest Cost Health Ins. Staff Empl.
43. Com 56 Mar 30 Health Benefits Staff/Exempts (CC)
44. Com 72 Mar 30 Recover Delinq. parking fines (A&F)
45. Com 73 Mar 30 Incr. Cost of Baseball Team permits (A&F)
46. Com 74 Mar 30 CDBG/BSA Reimbursements (A&F)
47. No 113 May 11 Erie Basin Marina 1993 Rental Fees (PW)
48. No 114 May 11 Opp. Fee Incr.- Erie Basin Marina
Seconded by Mr. Bell.
CARRIED.
The items are now before the Common Council for its consideration.
No. 3
Amendments to Mayor's 1993-1994 Budget
(Item 1, C.C.P. 5/3/93)
Mr. Fahey moved that the Mayor's 1993-1994 Budget be amended as
follows:
No. 3A are the O & M and Capital Budget Amendments.
No. 3B is the addition of the Surgeon to the Police Department.
No. 3C is an increase of 2% in the property tax for the Board of Education.
(Please note: That the portion of 3A relating to the O & M budget cannot be
scanned because it is two-sided. See the original item for pertinent
information regarding said changes to the Mayor's O & M budget.)
1993-94 CAPITAL IMPROVEMENTS BUDGET
MAYOR COUNCIL
DEPT. OF GENERAL SERVICES
101 DIV. OF PURCHASE
Purchase Street Sweepers xxx $332,000
4 for $83,000 ea.
Purchase 6 Dual-Purpose Packers xxx 600,000
DEPT. OF ADMINISTRATION & FINANCE
064 DIV. OF PARKING ENFORCEMENT
ACQUISITION, BLDGS. FACILITIES
Auto Pound Acquisition $1,500,000 $1,500,000
PURCHASE OF FIRE APPARATUS
Purchase Fire Engines $540,000 $540,000
$270,000 each
DEPT. OF PUBLIC WORKS
401 DIV. OF ENGINEERING
RECONSTRUCTION OF BRIDGES
Local Match Reserve $2,340,000 $2,340,000
Various State & Federally funded projects
CONSTRUCTION, RECONSTRUCTION
MAYOR COUNCIL
PUBLIC FACILITIES
Handicapped Ramps Const. $200,000 $200,000
Curbs, Streets and Sidewalks xxx $780,000
North District- 350,000
Masten - 50,000
Niagara (Baynes between Breckenridge
and W. Ferry) - 50,000
Fillmore- 80,000
South - 250,000
Construct Community Center - xxx 400,000
889 Kensington Ave.
402 DIV. OF BUILDINGS
CONSTRUCTION, RECONSTRUCTION
CITY-OWNED BUILDINGS
Animal Shelter xxx $ 350,000
Fire Station Consolidation xxx $ 2,000,000
Police Reorganization - $ 1,500,000 $ 1,500,000
Facilities Development
Memorial Auditorium Roof $350,000 $350,000
Reconstruction
Delaware Park Reconstruction $250,000 $250,000
Handicapped Access $200,000 $200,000
Kleinhans Music Hall $750,000 $750,000
Reconstruction
Shea's Marquee Reconstruction xxx $560,000
Reconstruction various Buffalo $135,000 $135,000
Branch Libraries
Museum of Science Roof $100,000 $100,000
Reconstruction
Rehab Masten Community Centers xxx $135,000
Carnevale (118 E. Utica) - 60,000
Delavan-Moselle - 75,000
Rehab Ellicott Centers xxx $150,000
Pratt-Willert - 100,000 JFK - 25,000
King Urban Life - 25,000
Rehab South District public buildings xxx $50,000
Preservation, Rehabilitation of former xxx $300,000
School #9 on Bailey Ave.
DEPT. OF COMMUNITY DEVELOPMENT
717 DIV. OF DEVELOPMENT
CONSTRUCTION, RECONSTRUCTION
PUBLIC FACILITIES
Crossroads Arena Development $5,150,000 $5,150,000
Kingsley Park $200,000 $225,000
Environmental Remediation
Broadway-Fillmore $250,000 $250,000
Redevelopment
City-wide Park and Play Area $200,000 $200,000
Improvement Program
Monuments Restoration/Arena Art xxx $120,000
50,000 - Crossroads artwork
70,000 - Ongoing City art restoration
Construct Jefferson-Best Fieldhouse xxx $350,000
Improve. to Massachusetts St. Pool xxx $300,000
and facilities area
Renovate 1170 Broadway xxx $100,000
Improvements to Lang-Weber Field xxx $150,000
Improvements to Masten & Fillmore xxx $151,000
Parks and Playgrounds
Masten 71,000
MAYOR COUNCIL
Fillmore (Dawson Shelter,
other parks) 80,000
Improvements to Ellicott District
Parks, Playgrounds xxx $75,000
LaSalle- 25,000 Willert
25,000 Johnson- 25,000
RAPP lot - 99 Metcalfe St. xxx $40,000
Renovation to Wading Pool at Dr. xxx $240,000
M.L. King Jr. Park
TOTAL GENERAL CITY $13,665,000 $20,873,000
970 BOARD OF EDUCATION
CONSTRUCTION, RECONSTRUCTION
SCHOOL BUILDINGS
Early Childhood Ctr. Constr. $ 3,850,000 $3,850,000
Exterior Reconstruction -
Schools 36, 38, 86 $650,000 $650,000
Boiler Replacement $305,000 $305,000
School 19
Interior and Exterior Improvements - xxx $500,000
(17 Early Childhood Ctr., 54 Early Childhood Ctr., 56 Olmstead, 66 North Park
Middle School - $300,000 Various schools - 200,000)
TOTAL BD OF EDUCATION $ 4,805,000 $ 5,305,000
TOTAL GENERAL CITY AND $18,470,000 $26,178,000
BOARD. OF EDUCATION
Seconded by Mr. Higgins
Carried.
Mr. Fahey moved that:
The Mayor's recommended Budget for 1993-94 is further amended as follows:
ADD
20 - Police Department
4 - Bureau of Administrative Services
001 - Administrative
Police Surgeon - Part Time (Thomas Murphy, M.D.)
Mayor's recommendation reads " 0 "
Shall now read " 1 " at salary of $38,231
DELETE
$38,231 from:
81-3-000 Fringe Benefits
170 - Hosp & Sur Ins Retired Employees
Which shall now read $8,699,607
Seconded by Mr. Collins.
CARRIED.
Mr. Zuchlewski moved that:
The Mayor's recommended Budget for 1993-94 is further amended to include
an additional increase of 2% (two percent) in the property tax rate, with all
additional revenues generated (approximately $2.6 million) to be allocated to
the Buffalo Board of Education, thereby increasing the total amount of the
Board's Budget, exclusive of Board of Education Special Project Funds
(totalling $34,519,067), to $325,268,542.00
Seconded by Mr. Collins.
CARRIED.
All amendments are now before the Council for their consideration.
No. 4
Mr. Fahey moved to recess until 2:30 P.M.
Seconded by Mr. Bell.
CARRIED.
No. 5
At 2:30 P.M. to Council reconvened with all members present.
No. 6
Mr. Fahey now moved to approve the Budget Amendments contained
in Item 3 above and noted as "3-A".
Seconded by Mr. Collins.
ADOPTED.
No. 7
Mr. Fahey now moved to approve the Budget Amendments contained
in Item 3 above and noted as "3-B".
Seconded by Mr. Pitts.
ADOPTED.
No. 8
Mr. Fahey now moved to approve the Budget Amendments contained
in Item 3 above and noted as "3-C".
Seconded by Mr. Zuchlewski.
ADOPTED.
AYES- AMOS, ARTHUR, BAKOS, BELL, COPPOLA, FAHEY, PITTS, ZUCHLEWSKI- 8.
NOES- COLLINS, FRANCZYK, HIGGINS, LOTEMPIO, PERLA - 5.
No. 9
Approval of 1993-1994 Budget as Amended.
Mr. Fahey now moved that the Mayor's Budget for 1993-1994 be approved
as amended.
Seconded by Mr. Zuchlewski.
PASSED.
AYES- AMOS, BAKOS, BELL, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO, PERLA, ZUCHLEWSKI-
9.
NOES- ARTHUR, COLLINS, COPPOLA, PITTS- 4.
No. 10
Ord. Amend. Ch. 16 - Finance
(Item No. 3, C.C.P. May 3, 1993)
Mr. Fahey now moved to Receive and File the above item. Seconded
By Mr. Bell.
ADOPTED.
No. 11
Ord. Amend. Ch. 35 - Personnel Policies
(Item # 4, C.C.P. May 3, 1993)
Mr. Fahey now moved the approval of the above item.
Seconded By Mr. Bell.
PASSED.
AYES- 13 NOES- 0.
No. 12
Ord. Amend. Ch. 109 - Numbering of Bldgs.
(Item # 5, C.C.P. May 3, 1993)
Mr. Fahey now moved the approval of the above item.
Seconded By Mr. Amos.
PASSED.
AYES- AMOS, BAKOS, BELL, COLLINS, COPPOLA, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO,
PERLA, ZUCHLEWSKI- 11.
NOES- ARTHUR, PITTS- 2.
No. 13
Ord. Amend. Ch. 137 - Code Enforcement
(Item #7, C.C.P. May 3, 1993)
Mr. Fahey now moved the approval of the above item.
Seconded By Mrs. LoTempio.
PASSED.
AYES- AMOS, ARTHUR, BAKOS, BELL, COPPOLA, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO,
PERLA, PITTS, ZUCHLEWSKI- 12.
NOES- COLLINS- 1.
No. 14
Ord. Amend. Ch. 175 (75) - Arcade License Fee
(Item # 198, C.C.P. April 27, 1993)
Mr. Fahey now moved the approval of the above item.
Seconded By Mrs. LoTempio.
PASSED.
AYES- AMOS, ARTHUR, BAKOS, BELL, COLLINS, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO,
PERLA, PITTS, ZUCHLEWSKI- 12.
NOES- COPPOLA- 1.
No. 15
Ord. Amend. Ch. 175 (96,etc.) - Fees
(Item # 9, C.C.P. May 3, 1993)
Mr. Fahey now moved the approval of the above item.
Seconded By Mr. Perla.
PASSED.
AYES- AMOS, BAKOS, BELL, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO, PERLA, ZUCHLEWSKI-
9.
NOES- ARTHUR, COLLINS, COPPOLA, PITTS- 4.
No. 16
Ord. Amend. Ch. 175 (103) - Fees
(Item # 21, C.C.P. May 3, 1993)
Mr. Fahey now moved the approval of the above item.
Seconded By Mr. Zuchlewski.
PASSED.
AYES- AMOS, BAKOS, BELL, COLLINS, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO, PERLA,
ZUCHLEWSKI- 10.
NOES- ARTHUR, COPPOLA, PITTS- 3.
No. 17
Ord. Amend. Ch. 175 (109) - Fees
(Item # 10, C.C.P. May 3, 1993)
Mr. Fahey now moved the approval of the above item.
Seconded By Mr. Higgins.
PASSED.
AYES- AMOS, BAKOS, BELL, COPPOLA, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO, PERLA,
ZUCHLEWSKI- 10.
NOES- ARTHUR, COLLINS, PITTS- 3.
No. 18
Ord. Amend. Ch. 175 (144) - Contractor Fees
(Item #104, C.C.P. May 11, 1993)
Mr. Fahey now moved the approval of the above item.
Seconded By Mr. Franczyk.
PASSED.
AYES- AMOS, BAKOS, BELL, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO, PERLA, ZUCHLEWSKI-
9.
NOES- ARTHUR, COLLINS, COPPOLA, PITTS- 4.
No. 19
Ord. Amend. Ch. 175 (263) - Fees
(Item # 12, C.C.P. May 3, 1993)
Mr. Fahey now moved to Refer to the Committee on Finance.
Seconded By Mr. Bakos.
ADOPTED.
No. 20
Ord. Amend. Ch. 175 (307) - Fees
(Item # 13, C.C.P. May 3, 1993)
Mr. Fahey now moved the approval of the above item.
Seconded By Mr. Bakos.
PASSED.
AYES- AMOS, BAKOS, BELL, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO, PERLA, ZUCHLEWSKI-
9.
NOES- ARTHUR, COLLINS, COPPOLA, PITTS- 4.
No. 21
Ord. Amend. Ch. 175 (326) - Fees
(Item # 14, C.C.P. May 3, 1993)
Mr. Fahey now moved the approval of the above item.
Seconded By Mr. Bell.
PASSED.
AYES- AMOS, BAKOS, BELL, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO, PERLA, ZUCHLEWSKI-
9.
NOES- ARTHUR, COLLINS, COPPOLA, PITTS- 4.
No. 22
Ord. Amend. Ch. 175 (479) - Fees
(Item # 15, C.C.P. May 3, 1993)
Mr. Fahey now moved the approval of the above item.
Seconded By Mr. Amos.
PASSED.
AYES- AMOS, BAKOS, BELL, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO, PERLA, ZUCHLEWSKI-
9.
NOES- ARTHUR, COLLINS, COPPOLA, PITTS- 4.
No. 23
Ord. Amend. Ch. 175 (491) - Restaurant Fees
(Item 1105, C.C.P. May 11, 1993)
Mr. Fahey now moved the approval of the above item.
Seconded By Mr. Amos.
PASSED.
AYES- AMOS, ARTHUR, BAKOS, BELL, COLLINS, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO,
PERLA, PITTS, ZUCHLEWSKI- 12.
NOES- COPPOLA- 1.
No. 24
Ord. Amend. Ch. 216 - Garbage, Rubbish & Refuse
(Item # 16, C.C.P. May 3, 1993)
Mr. Fahey now moved the approval of the above item.
Seconded By Mrs. LoTempio
PASSED.
AYES- 13 NOES- 0.
No. 25
Ord. Amend. Ch. 263 (23) - Alarm System Monitoring Bus.
(Item # 17, C.C.P. May 3, 1993)
Mr. Fahey now moved to Refer to the Committee on Finance.
Seconded By Mr. Pitts.
ADOPTED.
No. 26
Ord. Amend. Ch. 307 - Parking & Parking Lots
(Item # 18, C.C.P. May 3, 1993)
Mr. Fahey now moved the approval of the above item.
Seconded By Mr. Perla.
PASSED.
AYES- AMOS, BAKOS, BELL, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO, PERLA, ZUCHLEWSKI-
9.
NOES- ARTHUR, COLLINS, COPPOLA, PITTS- 4.
No. 27
Ord. Amend. Ch. 479 - Vehicles & Traffic
(Item # 19, C.C.P. May 3, 1993)
Mr. Fahey now moved the approval of the above item.
Seconded By Mr. Zuchlewski.
PASSED.
AYES- AMOS, ARTHUR, BAKOS, BELL, COLLINS, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO,
PERLA, PITTS, ZUCHLEWSKI- 12.
NOES- COPPOLA- 1.
No. 28
Local Law Intro # 2 (1993) - Police & Fire Pensions
(Item # 24, C.C.P. May 3, 1993)
Mr. Fahey now moved the approval of the above item.
Seconded By Mr. Higgins.
PASSED.
AYES- 13 NOES- 0.
No. 29
Local Law Intro # 3 (1993) - Div. of Collections
(Item # 22, C.C.P. May 3, 1993)
Mr. Fahey now moved the approval of the above item.
Seconded By Mr. Franczyk.
PASSED.
AYES- AMOS, BAKOS, BELL, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO, PERLA, ZUCHLEWSKI-
9.
NOES- ARTHUR, COLLINS, COPPOLA, PITTS- 4.
No. 30
Ord. Amend. Ch. 175 (85,etc.) - Fees
(Item # 8, C.C.P. May 3, 1993)
Mr. Fahey now moved to amend the above ordinance by removing from
the section relating to the fees for Diamonds and Fields any changes in the
existing $50.00 fee charged for a Team permit, per season, (grammar schools,
high schools and little leagues excluded).
Seconded By Mr. Pitts.
ADOPTED.
Mr. Fahey now moved to add the Immediate Passage clause to the above amended
ordinance.
Seconded by Mr. Pitts.
ADOPTED.
Mr. Fahey now moved the approval of the following Ordinance as above amended:
Seconded by Mr. Pitts.
ORDINANCE AMENDMENT
CHAPTER 85, 361, AND 309 OF CHAPTER 175- FEES
The Common Council of the City of Buffalo does hereby ordain as
follows:
That Chapter 85, 361 and 309 of Chapter 175 - Fees of the Code of the
City of Buffalo, be amended to read as follows:
Fee
Chapter 85, Bait Dippers
85-3, commercial bait dipping
per application
Wholesaler, per year [$105.00] $135.00
Retailer, per year [$ 52.50] $ 65.00
Chapter 361, Records
361-8,Filing of certain papers or records
For a search of the marriage $ 10.00
records and furnishing a
certificate of marriage registration
For a search of the marriage $ 1.00
records filed in the Clerk's office
For a search of the marriage $ 11.00
records and furnishing a noncertified copy of marriage certificate for
genealogical purposes
For the issuance of a license $ 25.00
of marriage and for the furnishing of a certificate of marriage registration
upon receipt of the return of the marriage license properly endorsed and
completed by the person who shall have solemnized the marriage in accordance
with the laws of the State of New York
For use of a marriage room in the [$ 10.00] $ 10.50
City Clerk's office during the
performance of a marriage ceremony
For preparing and furnishing a $ 1.00
copy of a resolution or other
paper filed in the Clerk's Office
For comparison of a copy prepared [$ 1.00] $ 1.25
by the applicant of a resolution or other paper filed in the Clerk's office
For furnishing the form and filing [$10.00] $ 20.00
and docketing an application for
appointment to the office of the
Commissioner of Deeds
For furnishing photographic copies $ 0.25
of papers on file in the Clerk's
office, not including the fee for
certification per page
For furnishing in booklet form a $10.00
printed copy of the Common Council
Proceedings of the City of Buffalo
for each meeting
For a yearly subscription to the $175.00
Common Council Proceedings of the
City of Buffalo
For furnishing a single copy of [$1.00] $ 1.25
the City Record
For a yearly subscription of the $175.00
City Record mailed on a weekly
basis
For furnishing a printed volume $250.00
of the Charter and Code of the City of Buffalo, fee plus New York State sales
tax plus shipping and handling charge
Chapter 309, Parks and Other Open Space
309-28, use of facilities
City Noncity
Resident Resident
GOLF COURSES
Seasonal fee for South [$100.00] $125.00 [$200.00] $250.00
Park, Cazenovia and
Delaware Golf Courses
Youths under 16 and [$ 50.00] $ 65.00 [$200.00] $250.00
senior citizens with city identification cards
Daily fee for South
Park, Cazenovia and
Delaware Golf Course (each)
18 holes on Saturday,[$8.00]$9.00 [$12.00] $ 13.00
Sunday or holiday
Seniors and youths [$5.00] $ 6.50 [$ 12.00] $ 13.00
under 16
18 holes on [$6.00] $ 7.50 [$ 10.00] $ 11.50
other days
Seniors and youths [$4.00] $ 5.00 [$ 10.00] $ 11.50
under 16
Reserve tee time, per
reserved house $50.00 $ 50.00
LAWN BOWLING
Seasonal
Per person for [$ 35.00]$ 45.00 [$ 50.00] $ 65.00
Delaware
BENNETT BEACH
Daily:
Per automobile [$ 2.10]$ 3.00 [$2.10] $ 4.00
Per van $ 4.00 $ 5.00
Per bus $ 7.00 $ 7.00
DUPLICATE PERMITS
Each permit
[$ 1.60] $ 5.00
[$ 3.15] $10.00
BOAT TRAILER LAUNCHING PERMITS
Seasonal
[
$10.50]
$25.00 [$21.00] $50.00
ICE SKATING
Youths under 18 [$ 0.55]$ .75[$ 2.10]$ 2.50
and seniors
18 years and over [$ 1.05]$ 1.50[$ 2.10]$ 2.50
Designated private ice time:
Outdoor rink:
All groups, per hour [$15.75]$40.00[$15.75]$40.00
Indoor rink:
All groups, other [$80.00]$85.00[$135.00]$140.00
than developmental
league, per hour
Developmental league [$50.00]$55.00[$135.00]$140.00
(including Explorer league,
Timon and Canisius High
School), per hour
Nonresident participating [$50.00] $55.00
with resident or per
developmental league or per individual/
high school per season
Skating lessons, per session $10.00 $10.00
INDOOR NATATORIUM
Daily sessions (except for the months of July and August)
City of Buffalo residents
with identification cards
Under 18 years and
seniors [$0.55]$.75[$2.10] $ 2.50
18 years and over [$1.05]$1.50 [$ 2.10] $ 2.50
Seasonal
Under 18 and [$26.25]$50.00[$105.00]$150.00
seniors (with city identification cards)
18 years and older [$52.50] $100.00 [$210.00] $150.00
(with city identification cards)
Designated private swimming time
[l or 2 groups] [$52.50] $ 85.00 [$105.00] $140.00
half pool rental, per
group, per hour
Exclusive use of [$105.00] $170.00 [$157.50] $280.00
pool, per hour
Swimming lessons, per $ 10.00 $10.00
session
CITY IDENTIFICATION CARDS
Issued to city resident [$ 2.00] $3.00
with valid proof of residence, each
Parkside Lodge and [$ 25.00] $ 35.00
Cazenovia Casino only;
evenings, weekends and
holidays, per hour
Minimum fee [$100.00] $125.00 [$100.00] $125.00
BAND SHELL RENTAL
Mobile band shell, [$262.50] $400.00 [$262.50] $400.00
per day
DIAMONDS AND FIELDS
Team permit, per season $ 50.00 $ 50.00
(grammar schools, high schools and little leagues excluded)
IT IS HEREBY CERTIFIED, pursuant to Section 34 of the Charter, that
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- AMOS, ARTHUR, BAKOS, BELL, COLLINS, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO,
PERLA, PITTS, ZUCHLEWSKI- 12.
NOES- COPPOLA- 1.
No. 31
Ticket Surcharge
(Item No. 20 C.C.P. May 3, 1993)
Mr. Fahey moved to approve the above item. Seconded by Mr. Franczyk.
PASSED.
AYES- AMOS, BAKOS, BELL, COPPOLA, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO,
ZUCHLEWSKI- 9.
NOES- ARTHUR, COLLINS, PERLA, PITTS- 4.
No. 32
Ord. Amend. Ch. 129 - Cert. of Occupancy
(Item # 6, C.C.P. May 3, 1993)
Mr. Fahey now moved to refer the above item to the Committee on
Legislation.
Seconded By Mr. Pitts.
ADOPTED.
No. 33
Ord. Amend. Ch. 175 (129) - Fees
(Item # 11, C.C.P. May 3, 1993)
Mr. Fahey now moved to refer the above item to the Committee on
Legislation.
Seconded By Mr. Pitts.
ADOPTED.
No. 34
Ord. Amend. Ch. 175 (264) - Housing Rental License
(Item #167, C.C.P. May 11, 1993)
Mr. Fahey now moved to refer the above item to the Committee on
Legislation.
Seconded By Mr. Pitts.
ADOPTED.
No. 35
Ord. Amend. Ch. 264 - Housing Rental License
(Item #168, C.C.P. May 11, 1993)
Mr. Fahey now moved to refer the above item to the Committee on
Legislation.
Seconded By Mr. Pitts.
ADOPTED.
No. 36
Support Labor/Mgmt. Cooper.- Opp. Privatization
(Item No. 127, C.C.P., Mar 2, 1993)
Mr. Fahey moved to Refer to the Committee on Legislation. Seconded
by Mr. Coppola.
ADOPTED.
No. 37
Provide Lowest Cost Health Ins. Staff Employees
(Item No. 196, C.C.P., March 16, 1993)
Mr. Fahey now moved to Refer the above item to the Committee on
Finance.
Seconded By. Mr. Collins.
ADOPTED.
No. 38
Health Benefits Staff/Exempts (CC)
(Item No. 56, C.C.P., March 30, 1993)
Mr. Fahey now moved to Refer the above item to the Committee on
Finance. Seconded By Mr. Collins.
ADOPTED.
No. 39
Receive and File Remaining Items Discharged
From the Committee of The Whole
Mr. Fahey now moved that the following remaining items, discharged
from the Committee of the whole, be Received and Filed:
Res 174 May 11 Ord. - Correct Hsg. Code Violations
Res 23 May 3 Consolidation of Fire Companies
Com 14 Apr 13 Cultural Grt. Fund Rec. 93/94 (Arts Com.)
No. 86 Feb 16 Bflo. Fin. Plan Commissioner - Final Report
Res 161 Feb 16 Support Fin. Commissioner Report principles
No. 103 Mar 16 Local 35 Items Supported in Fin. Plan Report
No. 94 Mar 16 AFL/CIO Council Oppose Fin. Comm. Findings
No. 87 Apr 13 AFL/CIO AFSCME Involve in Fin. Plan. Process
No. 92 Apr 13 A. Coppola Gr. Bflo. Prt. Eff. Support Fin. Plan
No. 132 Mar 16 Local 282 - Opp. Fin. Comm. Findings
No. 108 Mar 16 R. LoTempio Garage Consolidation Report
No. 131 Apr 27 Police Reorganization Update (Pol)
Com 83 Mar 16 Standardize In-Lieu Med. Ins. Payments (A&F)
Com 72 Mar 30 Recover Delinq. Pkg. Fines (A&F)
Com 73 Mar 30 Incr. Cost of Baseball Team Permits (A&F)
Com 74 Mar 30 CDBG/BSA Reimbursements (A&F)
No. 113 May 11 Erie Basin Marina 1993 Rental Fees (PW)
No. 114 May 11 Opp. Fee Incr. Erie Basin Marina
Seconded by Mr. Pitts.
ADOPTED.
No. 40
Adjournment
At 3:25 P.M., Mr. Fahey moved to Adjourn. Seconded by Mr. Bakos.
CORPORATION PROCEEDINGS
COMMON COUNCIL
CITY HALL- BUFFALO
Tuesday, May 25, 1993
at 2:00 P.M.
PRESENT- George K. Arthur, President of the Council, and Council
Members Amos, Bakos, Bell, Collins, Coppola, Fahey, Franczyk, Higgins,
LoTempio, Perla, Pitts, and Zuchlewski- 13.
ABSENT- None.
On a motion by Mr. Fahey, seconded by Mr. Pitts, the minutes of the stated
meeting held on May 11, 1993, and the Special Session held on May 21, 1993,
were approved.
FROM THE MAYOR
No. 1
Appointment of Trustee to
Jesse Ketchum Memorial Fund
The deed of trust of Barnabas Hazlitt Brennan, dated September
7, 1871, creating the Jesse Ketchum Memorial Fund, provides that said Fund
shall be administered by five Trustees, including the Mayor and Superintendent
of Education and the vacancies in the three remaining offices of Trustee shall
be filled by the Common Council upon the nomination of the Mayor.
Pursuant to the provisions of the aforesaid deed of trust, I hereby
nominate Leeland N. Jones, Jr., residing at 89 East Depew Avenue, Buffalo
14214, as a Trustee of the Jesse Ketchum Memorial Fund to succeed Reverend E.F.
Lawrence who has resigned.
Leeland Newton Jones, Jr., is a graduate of Public School #32, the old
Technical High School, was appointed to West Point in 1939 and attended the
University of Buffalo. Mr. Jones served as a 2nd Lieutenant in the U.S. Army
Signal Corps.
Leeland N. Jones, Jr., was elected to the Board of Supervisors of Erie
County 1950-1952 (now the Erie County Legislature) and was the first black
elected to the Buffalo Common Council, January 1952 to December 1956,
representing the Ellicott District.
Following his service in government Leeland worked for:
- N.Y.S. Commission against discrimination as a field representative
- Buffalo Urban League, Inc. - Associate Director for Job Development and
Employment
- Opportunities Development Corporation
- State University of New York Central Office Research Project Director
- Director of the Buffalo Urban Center
When he retired Leeland N. Jones, Jr., was assistant to the President and
Vice President for Erie Community College City Campus.
Mr. Jones has been active in many organizations throughout Western New
York:
- Commander, Bennett-Wells Post, American Legion
- Buffalo and Erie County Planning Association
- Eye Bank
- NAACP Buffalo - Chairman Housing Committee
- Variety Club
- First Co-chairman of the United Negro College Fund
- Disabled American Veterans
- AMVETS
- Bethel AME Church
I hereby certify that Leeland N. Jones, Jr., is fully qualified to
perform the duties of the office of Trustee of the Jesse Ketchum Memorial Fund.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 2
Rule Message S1132 and A1927
Discontinue Portion of Tyler Park Amended
On April 13, 1993 Your Honorable Body passed a home rule message
requesting the enactment into law of State Senate bill 1132 (Assembly bill
1927). This bill would authorize the City of Buffalo to discontinue the use as
parkland of a portion of the land known as Tyler Park. The purpose is to
convey this portion of land to American Legion Post #64 for the purpose of
accommodating handicapped access to the Post.
State Senator William Stachowski has brought to my attention the fact
that an amended version of the above bill currently is before the State
Legislature. The amended bill, Senate 1132A (Assembly 1927A), differs from the
original bill in that Senate Bill 1132A requires the City of Buffalo to obtain
fair market value for the conveyed parkland and use the proceeds for the
"purchase of additional parkland or the improvement of the capital facilities
at existing parks".
I ask Your Honorable Body to pass a home rule message requesting the
passage of State Senate Bill 1132A (Assembly Bill 1927A).
REFERRED TO THE COMMITTEE ON LEGISLATION.
FROM THE MAYOR - EXECUTIVE DEPARTMENT
FROM THE CITY PLANNING BOARD
No. 3
Niagara Lutheran Home Request to Build an Addition
at 64 Hager Street
Item No. 85, C.C.P. 5/11/93
The City Planning Board, at its regular meeting held Tuesday,
May 18, 1993, considered the above application pursuant to Section 511-68.1 of
the Buffalo Code - The Hamlin Park Overlay Review District.
The applicant seeks to build an 84 foot x 39 foot (3,276 square feet),
1-story addition to an existing, 4-story home for the invalid aged. The
addition will house a laundry room and executive offices.
The site is located in an R2 zone, which is overlain by the Hamlin Park
Overlay Review District. The Hamlin Park District requires that your Honorable
Body grant a restricted use permit for such an addition. Under SEQR, the
proposed addition is considered an Unlisted Action, which may be studied
through uncoordinated review.
The proposed renovation has been reviewed and approved by the New York
State Department of Health, the Buffalo Zoning Board of Appeals (for a side and
front yard variance) and by the Hamlin Park Community and Taxpayers
Association.
Given this, the City Planning Board voted to approve the proposed
renovation.
RECEIVED AND FILED.
No. 4
J. Atkins - Petition to Rezone 522 Dorrance from R2 to C2
Item No. 86, C.C.P. 5/11/93
The City Planning Board, at its regular meeting held Tuesday,
May 18, 1993, considered the above petition pursuant to Section 511-126 of the
Buffalo Code - Amendments to the Zoning Map.
The City Planning Board voted to Receive and File the proposed rezoning
petition since the attorney for the petitioner, Michael A. Piette, requested in
writing that his client wished to withdraw the rezoning petition.
RECEIVED AND FILED.
No. 5
First Federal Savings and Loan Request to Install a Handicap Access Ramp in the
Right-of-Way of Willet Street (a.k.a. 1989 Clinton)
Item No. 29, C.C.P. 5/11/93
The City Planning Board, at its regular meeting held Tuesday,
May 18, 1993, considered the above request pursuant to Section 511-89 of the
Buffalo Code - Review of Right-of-Way Encroachments.
The applicant seeks to erect a 10 foot x 5 foot ramp for handicap access
with 5 feet of the structure encroaching the Right-of-Way of Willet Avenue.
Willet Avenue has a 50-foot Right-of-Way with a 26-foot pavement.
Therefore, 12 feet of sidewalk exists between the building and the curb line of
Willet Street. The 5-foot ramp would leave 7 feet of unobstructed sidewalk.
Moveover, the provision for handicap access is State mandated. Lastly, under
SEQR, the proposed ramp is considered a Type II action, which does not require
further environmental review. It should also be noted that the Department of
Public Works has recommended that your Honorable Body grant a "mere license"
for the ramp encroachment.
The Planning Board voted to approve the proposed encroachment.
RECEIVED AND FILED.
No. 6
M. Nagi - Request to Erect a Handicap Access Ramp
in the Right-of-Way of 151 Walden Avenue
Item No. 30, C.C.P. 5/11/93
The City Planning Board, at its regular meeting held Tuesday,
May 18, 1993, considered the above request pursuant to Section 413-59.1 of the
Buffalo Code - Handicap Access Ramps.
The applicant seeks to erect a 14 foot x 5 foot handicap access ramp in
the Right-of-Way of 151 Walden Avenue. Three feet of the 5 foot width ramp
will encroach the Right-of-Way.
Walden Avenue has a 66-foot Right-of-Way with a 36-foot pavement.
Therefore, 15 feet of unobstructed public property exists between the property
line and the curb. The Department of Public Works has recommended that your
Honorable Body grant a mere license for the proposed ramp. Moreover, the ramp
is mandated by New York State law. Lastly, under SEQR, the proposed ramp is
considered a Type II action, which does not require further review.
The Planning Board voted to approve the proposed ramp.
RECEIVED AND FILED.
No. 7
C. Vendetti - Request to Place 2 Sidewalk Cafes in the Right-of-Way at 395
Delaware Avenue
Item No. 31, C.C.P. 5/11/93
The City Planning Board, at its regular meeting held Tuesday,
May 18, 1993, considered the above request pursuant to Section 413-59 of the
Buffalo Code - the review of sidewalk cafes.
The applicant seeks to place 2 sidewalk cafes in the Right-of-Way of 395
Delaware Avenue. One will measure 13 feet x 8 feet and be placed adjacent to
the subject building. The other, measuring 19 feet x 7 feet, will be placed on
a grassed area between the curb and sidewalk. A 4-foot sidewalk area would
separate the 2 cafes.
The Right-of-Way of Delaware Avenue at the location under review is 99
feet, with 60 feet of pavement. Consequently, the distance between the curb
and property line is 19 1/2 feet. This notwithstanding, the Planning Board
felt that the second sidewalk cafe would constitute an impediment to
pedestrians using the sidewalks as well as to motorists parking and
disembarking from their vehicles.
Given this, the Planning Board voted to approve only the cafe closest to
the building. Furthermore, the Board voted to impose the following conditions
on the cafe:
1. that the cafe be opened no later than 11:00 p.m. daily;
2. that there be no music played in the cafe area; and
3. that there are no trash receptacles placed in the cafe
area.
RECEIVED AND FILED.
No. 8
V. Allesandra - Request to Place a Sidewalk Cafe in the Right-of-Way of 537
Main Street (a.k.a. 1-3 Genesee Street)
Item No. 32, C.C.P. 5/11/93
The City Planning Board, at its regular meeting held Tuesday,
May 18, 1993, considered the above request pursuant to Section 413-59 of the
Buffalo Code - The Review of Sidewalk Cafes.
The applicant seeks to place a sidewalk cafe, which will occupy the
Rights-of-Way of both 537 Main Street and 1-3 Genesee Street. The Main Street
portion of the sidewalk cafe measures 16 feet x 16 feet, while the Genesee
Street portion measures 26 feet x 20 feet. The proposed sidewalk cafe will be
delineated by a removable, wrought iron railing. 24 tables (4 chairs/table)
will be located in the cafe area.
The cafe is located on the pedestrian mall and is therefore appropriate
as evidenced by Buffalo Place, Inc.'s support for it. The Department of Public
Works has also recommended that your Honorable Body authorize a mere license
for the cafe. Under SEQR, the proposed cafe is considered a Type II action,
which does not require further environmental review.
Although the proposed cafe would encourage pedestrian use of the
pedestrian transit mall and Theodore Roosevelt Plaza, several issues were
raised. These included the following:
1. The closeness of the cafe's railing to the light standard at the corner
of Main Street and Genesee Street.
2. The wind screens and benches in the Plaza area.
3. A fire alarm box and hydrant in the cafe area.
With regard to number 1 (above), it was argued that the closeness of the
light standard to the proposed railing would serve to reduce pedestrian traffic
to the walkway between the rows of trees in the Theodore Roosevelt Plaza.
Point number 2 could be resolved by the removal of the windscreen and other
street furnishings by Buffalo Place, Inc. Regarding the fire alarm box and
hydrant (point number 3), the Board felt that the matter should be reviewed by
the Fire Department.
Consequently, the Board voted to approve the proposed cafe on the
condition that the Fire Department approves the configuration of the cafe in
relation to the fire alarm box and hydrant. Moreover, the Board also voted on
the following conditions for the cafe:
1. that no music be played in the cafe area;
2. that no trash receptacles be placed in the cafe area; and
3. that the cafe shall not remain opened beyond 11:00 p.m.
daily.
RECEIVED AND FILED.
No. 9
T. Hunt - Request to Place an Awning Which Encroaches the Right-of-Way at 3102
Main Street
Item No. 33, C.C.P. 5/11/93
The City Planning Board, at its regular meeting held Tuesday,
May 18, 1993, considered the above request pursuant to Section 413-56 of the
Buffalo Code - Review of Right-of-Way Encroachments.
The applicant seeks to erect an awning measuring 37 feet long and 7 feet
high. The proposed awning will project from the building's face a distance of
3 feet into the Right-of-Way.
The site is located in the T.S. zone, which is silent on awnings. Under
SEQR, the proposed awning is considered a Type II action, which does not
require further environmental review.
The Planning Board voted to approve the proposed awning.
RECEIVED AND FILED.
No. 10
F. O'Brien - Request to Erect A 2nd-Story Porch Over the Right-of-Way at 700
Potomac Avenue
Item No. 34, C.C.P. 5/11/93
The City Planning Board, at its regular meeting held Tuesday,
May 18, 1993, considered the above request pursuant to Section 413-67 of the
Buffalo Code - Review of Right-of-Way Encroachments.
The applicant seeks to replace 8 once existing 2nd-story porch, which had
been removed due to structural instability. The new porch would be exactly
like the previous structure. The porch will be 10 feet above the pavement and
would therefore not obstruct the sidewalk. It should be noted that the
building is located at the property line as a result of its once being a garage
apartment for a building located at 8 Soldiers Place. Over the years, the
property was divided, thus creating the 700 Potomac property at the zero lot
line.
The Department of Public Works has recommended that a "mere license" be
granted by your Honorable Body, and under SEQR, it is considered a Type II
action, which does not require further environmental review.
The Planning Board voted to approve the proposed porch encroachment.
RECEIVED AND FILED.
No. 11
Hooligans Restaurant - Request to Place a Sidewalk Cafe in the Right-of-Way at
268 Main Street
Item No. 177, C.C.P. 5/11/93
The City Planning Board, at its regular meeting held Tuesday,
May 18, 1993, considered the above request pursuant to Section 413-59 of the
Buffalo Code - the Review of Sidewalk Cafes.
The applicant seeks to place a sidewalk cafe measuring 20 feet by 32
feet, or 640 square feet. The cafe will encroach 20 feet into the Right-of-Way
of the Main Place Pedestrian Mall with a raised platform bordered by a wooden
railing.
The site is located in the DO zone, which encourages pedestrian uses.
The site also lies within Buffalo Place, which has reviewed the proposed cafe
and has no objection to the cafe. Lastly, the site is within the Joseph
Ellicott Historic Preservation District. Consequently, the Buffalo Preservation
Board must review the proposed cafe. Under SEQR, the proposed cafe use is a
Type II action, which does not require further environmental review. It should
be noted that the Buffalo Preservation Board will conduct its own review of the
proposed cafe for conformance with the aesthetics of the Joseph Ellicott
District.
Although the cafe is 20 feet in width, there is still 17 feet of sidewalk
between its outer edge and the curb of the southbound Light Rail Rapid Transit
line. Various public appurtenances can be found in the pedestrian mall area,
such as benches, light standards, and ticket dispensers. The proposed cafe,
however, will not interfere with these appurtenances.
Given these salients, the Planning Board voted to approve the sidewalk
cafe with the following conditions:
1. that no part of the proposed sidewalk cafe be closer than 4 feet from any
public appurtenance in the pedestrian mall area;
2. that no music shall be played in the cafe area;
3. that no trash receptacles shall be placed in the cafe area;
and
4. that the cafe be approved by the Buffalo Preservation
Board.
RECEIVED AND FILED.
FROM THE BOARD OF STADIUM AND AUDITORIUM
No. 12
Opposition To Ticket User Fee
Attached is a letter received by the undersigned and written by
Mr. Franklin Roach, Vice President/Director of Routing and Tours for Ringling
Bros. Circus and Disney On Ice Shows wherein he states their opposition to any
form of ticket tax or user fee.
The Board of Stadium and Auditorium has recently gone on record in favor
of a user fee based on a percentage of the face value of the respective event
ticket. This position was altered from previous position of total opposition,
but due to the financial situation the City finds itself in, the Board has
reluctantly relented. Events presented at the Auditorium have a ticket range
of $5.00 to $40.00, a $.50 charge on a $40.00 ticket (1.25%) is feasible, but a
$.50 tax on a $5.00 ticket (10%) is exorbitant.
After careful consideration, the Board now feels that if this tax is
enacted, a policy or waiver should be established that would exempt "family
shows" presented at the Auditorium from passing this fee on to their patrons.
The Board has learned from the recent past that Ringling and Disney On
Ice mean what they say, and if they say "....and will continue to take the
position that we will not present either the Circus or Walt Disney's World On
Ice where such a levy exists....", you can rest assured that they will not be
playing in Buffalo.
If you need further information regarding this matter, please contact the
undersigned.
RECEIVED AND FILED.
FROM THE ENVIRONMENTAL MANAGEMENT COMMISSION
No. 13
Demolition of G.E. Building
1489 Fillmore Avenue
The Environmental Management Commission responds to the Common
Council referral of questions concerning the proposed demolition of the General
Electric plant at 1489 Fillmore Avenue.
Protection of the adjacent neighborhood and the environment requires
attention to all applicable local, State, and Federal law/regulations by the
demolition contractor. Additionally, the specific recommendations offered by
the City's consultant in its Environmental Investigation Report should be
followed. These recommendations are based on applicable law and regulation,
and would include 1) proper removal of identified asbestos and stored chemicals
before demolition, 2) proper attention to issues of manufacturing process waste
during demolition, and, 3) proper attention to both the issues of possible
PCB's and underground storage tanks/piping.
The foregoing would be the minimum necessary requirements for the
demolition process, and the Commission understands that the demolition
contractor has committed to performing the above for approximately $472,000.
The Commission has requested that the Department of Inspections and Community
Revitalization formally confirm that these requirements will be met, and asked
that I advise your Honorable Body when assurances to this effect have been
received from the Department. The Commission, like many others, applauds the
attention of ICR to this site, and will welcome the early completion of the
demolition, but points out that without such assurances, the project should not
proceed.
Additionally, the Commission points out that neighborhood safety and
adequate environmental protection may well require appropriate later follow-up
by the City, directed toward issues noted in items 2 and 3 above, as well as
toward any discoveries of concern made during demolition or subsequent
investigation.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 14
Comments on EPA Report
The Environmental Management Commission responds to Common Council
referral of Environmental Protection Agency comments on the pesticide Sevin and
its use by the City on its elm trees.
The Commission asks me to state the following on its behalf in this
regard:
1) The response of the EPA to your Honorable Body is equivocal.
2) The Commission defers to the competence of its sister agency, the Buffalo
Pest Management Board, for purposes of overall guidance on this question.
3) Close attention should be given to the suggestions of the Pest Management
Board, including the ideas of substitution of other species for elms,
alternative pest management approaches, and the application of cost/benefit
analysis to the whole issue of elm tree management.
4) The Commission continues to be of the view, as it has earlier advised
your Honorable Body, that the procedures of the State Environmental Quality
Review Act are applicable to a decision by the City to utilize sevin and will
be useful for clarifying the City's stance on this issue.
REFERRED TO THE COMMITTEE ON LEGISLATION.
FROM THE COMPTROLLER
No. 15
Certificate of Necessity
Transfer of Funds
Appropriation Allotments -
Common Council - Travel & Transportation
Common Council - Capital Outlay
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 $20,286 be transferred and reappropriated from Appropriation
Allotments - Common Council - Travel & Transportation accounts, 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, May 18, 1993
RECEIVED AND FILED.
No. 16
Quarterly Financial Data
1/1/93 - 3/31/93
This is to advise that a report of the Appropriations, Expenditures,
Encumbrance and Revenue activity of the City of Buffalo General Fund for the
period January l through March 31, 1993 has been delivered to Common Council
Chief-of-Staff Vincent LoVallo.
This is in response to your request for quarterly financial data. We have
also submitted this data to the Budget Office and it is made available to
departments and divisions individually in a printed format and on their
"on-line computer terminals".
This approach has been utilized due to the size of the reports and
limited budgetary resources.
The Statement of Appropriation/Accounting Activity reports data on an
individual expense line basis. The Summary of Appropriation/Accounting
Activity summarizes line items data by function within departments and
divisions, and includes the General City Charges line accounts, i.e.:
departments with an 81X identifier. The Detail of Revenue Report summarizes
individual revenue account activity by department and division, and also
summarizes all revenue activity by source (NYS, Federal, etc.).
RECEIVED AND FILED.
No. 17
Renew Lease Agreement Between the City of Buffalo and Catholic Charities of
Buffalo
Use of Room No. 24 Former School # 29
Item No. 152, C.C.P. 11/24/92
Pursuant to Item No. 210, C.C.P. 7/7/92 and Item No. 152, C.C.P.
11/24/92, Your Honorable Body approved the above captioned lease. The present
lease will expire on June 30, 1993.
This office has received a request dated April 26, 1993 from Sister Mary
Anne Weldon indicating that Catholic Charities of Buffalo would like to renew
their lease agreement. This renewal should commence on July 1, 1993 and expire
on June 30, 1994. The annual rental to be charged is One Dollar ($1.00)
payable in advance.
Insurance is to be provided saving the City of Buffalo harmless from any
liability per Item #197, C.C.P. 3/31/87 and/or limits to be determined
sufficient by our Law Department.
This Office recommends that Your Honorable Body approve the renewal and
that the Mayor be authorized to execute the same.
Mr. Fahey moved:
That the communication from the Comptroller, dated May 3, 1993, be
received and filed; and
That the Comptroller be and hereby is authorized to renew the lease with
Sister Mary Anne Weldon of the Catholic Charities of Buffalo for the use of
Room No. 24 at former School 29, to commence on July 1, 1993 and expire on June
30, 1994, at an annual rental of $1.00 (One Dollar) with the lessee to save the
City harmless from any liability and to provide insurance therefore as set
forth per Item No. 197, C.C.P., March 31, 1987 and/or limits to be determined
sufficient by the Department of Law.
PASSED.
AYES- 13 NOES- 0.
No. 18
Permission to Negotiate 121 Welker, E 154.21' N Woodlawn
Vacant Lot Size: 35' x 95 N'
Assessed Valuation: $1,700
The Office of the Comptroller, Division of Real Estate, has received
a request from Mr. Arthur Glascoe of 111 Welker Street, Buffalo, New York to
purchase the above captioned property.
Mr. Glascoe would like to purchase this property, which is adjacent to
his residence, for expansion of his yard.
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 May 12, 1993, be
received and filed; and
That the Comptroller be, and he hereby is authorized to negotiate with
Mr. Arthur Glascoe, residing at 111 Welker Street, for the private sale of 121
Welker and report to this Honorable Body the results of such negotiations.
ADOPTED.
No. 19
Results of Negotiations
231 Doat, SE Cor. Brinkman
Vacant Lot: 33' x 80'
Assessed Valuation: $2000.00
Item No. 18, C.C.P 3/16/93
In the above referenced Item Your Honorable Body authorized the
Office of the Comptroller, Division of Real Estate, to negotiate a private sale
with Mr. Thomas Nichols, 237 Doat Street, Buffalo, New York 14211, to purchase
the above captioned property. Mr. Nichols intends to purchase this property
adjacent to his home for extra yard space.
An independent appraisal of the property was conducted by Mr. James H.
White, Realtor, 537 Humble Parkway, Buffalo, New York 14208. He has estimated
the fair market value of the property to be Six Hundred Dollars ($600). This
represents approximately Twenty-Three cents (.23) a square foot. The Division
of Real Estate has investigated the sale of vacant lots in the area. Sale
prices range between Twenty-Six Cents (.26) a square foot to Thirty-Two Cents
(.32) a square foot. The Division of Real Estate concurs with the appraisers
estimate of value, since the lot has a depth of only 80'.
The results of our negotiations are that Mr. Thomas Nichols has agreed
and is prepared to pay Six Hundred Dollars ($600) for the subject property. He
has 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
231 Doat Street to Mr. Thomas J. Nichols in the amount of Six Hundred ($600). I
am further recommending that your Honorable Body authorize the Corporation
Council to 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 May 13, 1993, be
received and filed; and
That the offer of Mr. Thomas Nichols, 237 Doat Street, in the sum of
$600.00 (Six Hundred Dollars) to purchase the property described as 231 Doat
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- 13 NOES- 0.
No. 20
Results of Negotiations
258-260 Glenwood, N E Cor. of Verplanck
Vacant Lot: 33' x 100'
Assessed Valuation: $2,500
Item No. 19, C.C.P. 3/16/93
In the above referenced Item Your Honorable Body authorized this
Office, through the Division of Real Estate, to negotiate a private sale with
Ms. Joanne T. Mingo of 225 Fox Street, Buffalo, New York to purchase the above
captioned property. Ms. Mingo intends to improve this property, which is
adjacent to her present home, and use for extra yard space.
An independent appraisal of the property was conducted by Mr. James H.
White, Realtor, 537 Humboldt Pkwy., Buffalo, Ne York 14202. He has estimated
the fair market value of the property to be Eight Hundred and Fifty Dollars
($850). This represents approximately Twenty-Six Cents (.26) a square foot.
The Division of Real Estate has investigated the sales of similar properties in
the area. Sale prices range from Seventeen Cents (.17) a square foot to
Forty-Seven Cents (.47) a square foot. The Division of Real Estate concurs
with the appraisers estimate of value.
The results of our negotiations are that Ms. Joanne T. Mingo has agreed
and is prepared to pay Eight Hundred and Fifty Dollars ($850) for the subject
property. She has 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
258-260 Glenwood to Ms. Joanne T. Mingo in the amount of Eight Hundred and
Fifty Dollars ($850). I am further recommending that Your Honorable Body
authorize the Corporation Counsel to prepare the necessary documents for the
transfer of title and that the Mayor be authorize to execute the same.
Mr. Fahey moved:
That the communication from the Comptroller, dated May 18, 1993, be
received and filed; and
That the offer of Ms. Joanne T. Mingo, 225 Fox Street, in the sum of
$850.00 (Eight Hundred and Fifty Dollars) to purchase the property described as
258-260 Glenwood, 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- 13 NOES- 0.
No. 21
Results of Negotiations
21 Milnor, E 197.50' N William
Vacant Lot: 25' x 147'
Assessed Valuation: $1400.00
Item No. 20, C.C.P 3/16/93
In the above referenced Item Your Honorable Body authorized the
Office of the Comptroller, Division of Real Estate, to negotiate a private sale
with Mr. Michael Torres, 23 Milnor Street, Buffalo, New York 14204, to purchase
the above captioned property. Mr. Torres intends to purchase this property for
extra yard space.
An independent appraisal of the property was conducted by Mr. Dennis
Walker, Able Appraisal Associates, 43 St. Paul Street, Buffalo, New York 14209.
He has estimated the fair market value of the property to be Sixteen Hundred
Dollars ($1600). This represents approximately Forty-Four cents (.44) a square
foot. The Division of Real Estate has investigated the sale of similar
properties in the area. Sale prices range from Thirty-Four Cents (.34) a
square foot to Fifty-Four Cents (.54) a square foot.
The results of our negotiations are that Mr. Torres has agreed and is
prepared to pay Fifteen Hundred Dollars ($1500) for the subject property. This
represents approximately Thirty-Eight Cents (.38) a square foot. Mr. Torres
has also agreed to pay for the cost of the appraisal, transfer tax, recording
fees, and cost of the legal description.
I am recommending that Your Honorable Body approve the sale of 21 Milnor
to Mr. Michael Torres in the amount of Fifteen Hundred Dollars ($1500). I am
further recommending that your Honorable Body authorize the Corporation Council
to 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 May 13, 1993, be
received and filed; and
That the offer of Mr. Michael Torres, 23 Milnor Street, in the sum of
$1,500.00 (One Thousand Five Hundred Dollars) to purchase the property
described as 21 Milnor, 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- 13 NOES- 0.
No. 22
Results of Negotiations
53 Pauline, E 223' S Gesl
Vacant Lot: 25' x 104'
Assessed Valuation: $2300.00
Item No. 11, C.C.P 2/2/93
In the above referenced Item Your Honorable Body authorized the
Office of the Comptroller, Division of Real Estate, to negotiate a private sale
with Ms. Frances Turner, 125 Autumnview Road, Williamsville, New York to
purchase 53 Pauline Street. Ms. Turner owns 51 Pauline which is adjacent to the
subject property. Ms. Turner intends to improve the property and maintain as
additional yard space.
An independent appraisal of the property was conducted by Mr. James H.
White, Realtor, 537 Humble Parkway, Buffalo, New York 14208. He has estimated
the fair market value of the property to be Nine Hundred and Fifty Dollars
($950). This represents approximately Thirty-Seven cents (.37) a square foot
for the subject property. The Division of Real Estate has investigated the
sale of similar properties in the area. Sale prices range from Twenty-One
Cents (.21) a square foot to Thirty-Eight Cents (.38) a square foot. The
Division of Real Estate concurs with the appraisers estimated value.
The results of our negotiations are that Ms. Frances Turner has agreed
and is prepared to pay Nine Hundred and Fifty Dollars ($950) for the subject
property. She has also agreed to pay for the cost of the appraisal, transfer
tax, recording fees, and cost of a legal description.
I am recommending that Your Honorable Body approve the sale of 53 Pauline
Street to Ms. Frances Turner in the amount of Nine Hundred and Fifty Dollars
($950). I am further recommending that your Honorable Body authorize the
Corporation Council to 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 May 13, 1993, be
received and filed; and
That the offer of Ms. Frances Turner, 125 Autumnview Road, Williamsville,
NY, in the sum of $950.00 (Nine Hundred and Fifty Dollars) to purchase the
property described as 53 Pauline, 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- 13 NOES- 0.
No. 23
Results of Negotiations
124 Peckham, N 80? E Watson
Vacant Lot: 27' x 120'
Assessed Valuation: $800.00
Item No. 16, C.C.P 3/2/93
In the above referenced Item Your Honorable Body authorized the
Office of the Comptroller, Division of Real Estate, to negotiate a private sale
with Mr. David Ferguson residing at 118 Peckham Street. Mr. and Mrs. Ferguson
would like to purchase 124 Peckham, which is adjacent to their new residence
for additional yard space.
An independent appraisal of the property was conducted by Mr. James
White, Realtor, 537 Humble Parkway, Buffalo, New York 14208. He has estimated
the fair market value of the property to be Five Hundred and Thirty Dollars
($530). This represents about Sixteen cents (.16) a square foot for the
subject property. The Division of Real Estate has investigated the recent sale
of similar properties in the area. Sale prices range from Seventeen Cents
(.17) a square foot to Twenty-Eight Cents (.28) a square foot.
The results of our negotiations are that Mr. and Mrs. Ferguson have
agreed and are prepared to pay Six Hundred and Fifty Dollars ($650) for the
subject property. This represents approximately Twenty Cents (.20) a square
foot. They have also agreed to pay for the cost of the appraisal, transfer
tax, recording fees, and cost of a legal description.
Therefore, I am recommending that Your Honorable Body approve the sale of
124 Peckham Street, to Mr. and Mrs. David Ferguson, in the amount of Six
Hundred and Fifty Dollars ($650). I am further recommending that your Honorable
Body authorize the Corporation Council to 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 May 12, 1993, be
received and filed; and
That the offer of Mr. and Mrs. David Ferguson, 118 Peckham Street, in the
sum of $650.00 (Six Hundred and Fifty Dollars) to purchase the property
described as 124 Peckham, 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- 13 NOES- 0.
No. 24
Reacquire Title of 772 Babcock
242.20' South of William
Parking Lot Size: 98' x 119.28' NL Irregular
This office has received a request from David A. Bentivogli, Attorney
for Enrx Incorporated, to reacquire title to 772 Babcock Street, which was
obtained by the City of Buffalo through an In-Rem Tax Foreclosure Auction held
last October. The subject property is the parking lot for the adjoining
building at 766 Broadway. His client was the first mortgage holder on both
properties.
Last year Enrx, the mortgagee, began a mortgage foreclosure action
against the mortgagor. A title search showed that City property taxes and
sewer rents were due and the properties were scheduled for in-rem foreclosure.
After regaining title , Enrx immediately proceeded to pay the property taxes
to remove 776 and 772 Babcock from the in-rem foreclosure.
However, Enrx inadvertently paid the tax bill for 766 Babcock only and
772 Babcock was struck to the City of Buffalo. Enrx is requesting that the City
allow them to reacquire title to the property by paying the back tax owed along
with penalties, interest and in-rem fees to date. The total amount to date is
$1,193.96.
This office, after reviewing the above circumstances and given the facts
that the parcel in question is the parking lot for 766 Babcock and that Enrx
intended to pay the taxes after title was obtained through the mortgage
foreclosure, recommends that Your Honorable Body approve their request to
regain title for back taxes, penalties, interest and in-rem fee's as of the
date of title transfer to Enrx.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 25
Certificate of Appointment
Appointment effective May 10, 1993 in the Department of Audit
and Control, Division of Data Processing, Janet M. Reyes, 242 Gorton St.,
Buffalo 14207, to the position of Data Processing Equipment Operator,
Temporary, at the intermediate starting salary of $ 21,912.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
FROM THE COMMISSIONER OF PUBLIC WORKS
No. 26
Monthly Report of Licenses
Issued in April 1993
I am respectfully submitting the enclosed report of licenses issued
in the month of April 1993 by the Division of License.
RECEIVED AND FILED.
No. 27
Extension of Contract - No. 91667200 General Construction - Zebra Mussel
Control D.A. Elia Construction Corp.
In accordance with the terms of the contract between the City
of Buffalo and D.A. Elia Construction Corporation, City Contract No. 91667200,
General Construction for Zebra Mussel Control, Water Filtration Plant, this
office has received a request for an extension of time.
The original completion date was February 21, 1993. The contractor has
informed us that due to winter weather conditions, the landscape restoration
work could not be completed until spring.
Accordingly, I have granted an extension of time in the contract with
D.A. Elia Construction Corporation. The extension of time is granted with the
understanding that the City reserves the right to liquidated damages by other
possible claims against the contractor resulting from the extension of this
contract by the City of Buffalo.
The new completion date for this contract is May 21, 1993.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 28
Oppose Transfer Station Buffalo River
Item No. 186, C.C.P. 4/27/93
The permitting of a transfer station is under the purview of the
New York State Department of Environmental Conservation. Under that permit
process the City would be given the chance to comment under an EIS. Since l
haven't seen any plans Of this facility, where it is to be located or anything
else about it, l can't give an opinion about it.
I understand that I.W.S. has withdrawn their permit, so this appears to
be academic. Should they renew it at any time and go through the process, this
department will get involved at that time.
RECEIVED AND FILED.
No. 29
Status of Animal Shelter
Item No. 53, C.C.P. 4/13/93
The above referenced item has been submitted to this office from
the Finance Committee with a request to inform the Committee as to what are the
future plans for the White Rose Building.
Please be advised that the facility was heated this past winter to
prevent interior damage. The building remains under the jurisdiction of the
Street Sanitation Department. If funds are available, the Animal Shelter
project can be re-bid for inclusion into this structure or if the shelter is to
be located elsewhere, the White Rose Building may be sold.
RECEIVED AND FILED.
No. 30
Notification Serial #8298
Stop at Hutchinson & Midway
Stop - (Police Emergency)
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 Il 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
Hutchinson Ave. Midway Ave.
RECEIVED AND FILED.
No. 31
268 Main - Sidewalk Cafe
Item No. 177, C.C.P. 5/11/93
The Department of Public Works has no objection to Your Honorable
Body authorizing the Commissioner of Public Works to issue a "Mere License" to
Mr. Calvaneso for the installation of a sidewalk cafe at 268 Main Street
provided the following conditions are met:
1. That the applicant obtain any and all other City of Buffalo permits
necessary for said installation.
2. That the sidewalk cafe be installed exactly as shown on plans
submitted to and approved by the Department of Public Works, Division of
Buildings.
3. That the sidewalk cafe does not exceed 32 feet in length or extend
more than 20 feet from the building face.
4. That no portion of the sidewalk cafe be permanent in nature of
permanently affixed to the main building or public sidewalk.
5. That the sidewalk cafe be completely removed from City right of way
from November 15 to April 1 each year.
6. That the applicant be assessed the annual fee of $1.05 per square foot
of City right of way occupied by said sidewalk cafe as described in Chapter 413
Article IX Section 59 (sidewalk cafes) of the City Ordinances.
7. That the applicant supply the City of Buffalo with a five thousand
dollar ($5,000.00) construction in street bond 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.
RECEIVED AND FILED.
No. 32
Blind Association of Western New York Hang Banner Niagara and Court
Item No. 74, C.C.P. 05/11/93
This item was referred to the Department of Public Works for comment.
We have no objection to the Blind Association hanging a banner at Niagara
Square and Court as long as the following conditions are met.
1. The banner must be made of fabric that allows air to flow through.
2. The bottom of the banner must be at least 14 feet 6 inches above the
center of the street.
3. The banner must be tied down securely to the light standard.
4. Exact location of the street light standards to be used must be supplied
to the Street Lighting Office, room 501 City Hall.
5. A bond and insurance in the amount of one million dollars must be secured
before the banner can be hung.
6. The banner cannot be hung from a traffic signal pole.
RECEIVED AND FILED.
No. 33
Additional Work on Emergency Bid- So. Park Bridge
Item No. 38 CCP 10-13-92
On October 13, 1992 your Honorable Body authorized the Commissioner
of Public Works to preform emergency repairs to the bearings at the South Park
Lift Bridge. Since this time, vandals have broken windows and doors at the
bridge. We are requesting your Honorable Body's permission to repair the
windows and doors under this contact which we expect to advertise for formal
bids during the month of May of this year.
Money for this work is available in the Division of Engineering Bond Fund
200-401-546.
Mr. Fahey moved:
That the communication from the Department of Public Works, dated May 12,
1993, be received and filed; and
That the Commissioner of Public Works, be and he hereby is authorized to
perform emergency repairs to the bearings at the South Park Lift Bridge and to
advertise for bids. Funds for this project are available in the Division of
Engineering Bond Fund 200-401-546.
PASSED.
AYES- 13 NOES- 0.
No. 34
Authorized Use of Bond Funds
Traffic Signal at Central Avenue
Your Honorable Body authorized the installation of a sight impaired
traffic signal at 120 Central Avenue in the 1991-92 Capital Budget. The
Department of Public Works has incorporated this signal in the Jefferson
Avenue-Phase IV, Group #341 project.
Therefore, we ask your permission to utilize $71,761.20 From Bond
200-401-006 for this purpose.
Mr. Fahey moved:
That the communication from the Department of Public Works, dated May 18,
1993, be received and filed; and
That the Commissioner of Public Works, be and he hereby is authorized to
utilize $71,761.20 from Bond 200-401-006 for a sight impaired traffic signal at
120 Central Avenue as part of the Jefferson Avenue Phase IV, Group #341
project.
PASSED.
AYES- 13 NOES- 0.
No. 35
Report of Bids
New Roof Crane Branch Library
633 Elmwood Avenue
I advertised for on May 4, 1993 and received the following sealed
proposals which were publicly opened and read on May 18, 1993.
McGonigle & Hilger Roofing 49,790
Progressive Roofing, Inc. 49,829
Jos. A. Sanders & Sons 53,900
All Weather Contractors 54,226
Joseph E. Neubert Roofing 55,600
Neth & Sons, Inc. 62,200
I hereby certify that the foregoing is a true and correct statement of
all bids received and that McGonigle & Hilger Roofing in the amount of $49,790
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 200-402-050 - Division of Buildings.
Estimate for this work was $55,000.00
Mr. Fahey moved:
That the communication from the Department of Public Works, dated May 18,
1993, be received and filed; and
That the Commissioner of Public Works be, and he hereby is authorized to
award a contract for a new roof at Crane Branch Library, 633 Elmwood Avenue to
McGonigle & Hilger Roofing, the lowest responsible bidder in the amount of
$49,790.00, with said cost to be charged against B/F 200-402-050 - Division of
Buildings Account.
PASSED.
AYES- 13 NOES- 0.
No. 36
Report of Bid Air Conditioning Reconstruction Crane Branch Library 633 Main
Street
I asked for an received the following Informal Proposals for the
Air Conditioning Reconstruction at the Crane Branch Library, 633 Elmwood Avenue
on May 18, 1993.
Colgate Heating Corp. 17,989.00
BH Refrigeration 19,400.00
I hereby certify that the foregoing is a true and correct statement of
all bids received and the Colgate Heating Corp. in the amount of $17,989.00 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 will
be in B/F 200-402-050 Division of Buildings.
Estimate for this work was $19,800.00
Mr. Fahey moved:
That the communication from the Department of Public Works, dated May 18,
1993, be received and filed; and
That the Commissioner of Public Works be, and he hereby is authorized to
award a contract for air conditioning reconstruction at Crane Branch Library,
633 Elmwood Avenue to Colgate Heating Corp., the lowest responsible bidder in
the amount of $17,989.00, with said cost to be charged against B/F 200-402-050
- Division of Buildings Account.
PASSED.
AYES- 13 NOES- 0.
No 37
Report of Bids
Plywood Panel Work
Shakespeare in Delaware Park
I asked for and received the following Informal Proposals for
the Plywood Panel Work for Shakespeare in Delaware Park on May 14, 1993.
LCP Construction Corp. $17,000.00
Nichter Construction Co. 18,147.00
Feddington-Allen 18,494.00
Forest Materials Inc. 23,877.00
Gypsum Systems Inc. 27,700.00
I hereby certify that the foregoing is a true and correct statement of
all bids received and that LCP Construction Corp., in the amount of $17,000.00,
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 will
be available in CPF 200-402-522 - Division of Buildings.
Estimate for this work was $18,000.00.
Mr. Fahey moved:
That the communication from the Department of Public Works, dated May 18,
1993, be received and filed; and
That the Commissioner of Public Works be, and he hereby is authorized to
award a contract for plywood panel work for Shakespeare in Delaware Park to LCP
Construction Corp., the lowest responsible bidder in the amount of $17,000.00,
with said cost to be charged against CPF 200-402-522 - Division of Buildings.
PASSED.
AYES- AMOS, BAKOS, BELL, COLLINS, COPPOLA, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO,
PERLA, ZUCHLEWSKI- 11.
NOES- ARTHUR, PITTS- 2.
No. 38
Report of Bids
Underground Power and Signal Cabling
Temporary Stage Structure
Shakespeare in Delaware Park
I asked for and received the following Informal Proposals for
the Underground Power and Signal Cabling for the Temporary Stage Structure and
Towers for Shakespeare in Delaware Park on May 20, 1993.
Wittburn Enterprises, Inc. 11,444
Weydman Electric 14,693
CVM Electric 16,396
Tunney Electric, Inc. 16,401
Frey Electric 16,479
Industrial Power & Ltg 18,425
CIR Electrical Construction Corp. 20,400
I hereby certify that the foregoing is a true and correct statement of
all bids received and that Wittburn Enterprises in the amount of $11,444.00 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 200-402-522 - Division of Buildings.
Consultants estimate was $17,500.00
Mr. Fahey moved:
That the communication from the Department of Public Works, dated May 20,
1993, be received and filed; and
That the Commissioner of Public Works be, and he hereby is authorized to
award a contract for the underground power and signal cabling for the temporary
stage structure and towers for Shakespeare in Delaware Park to Wittburn
Enterprises, the lowest responsible bidder in the amount of $11,444.00, with
said cost to be charged against B/F 200-402-522 - Division of Buildings.
PASSED.
AYES- AMOS, BAKOS, BELL, COLLINS, COPPOLA, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO,
PERLA, ZUCHLEWSKI- 11.
NOES- ARTHUR, PITTS- 2.
No. 39
Report of Bids
Scaffolding for Stage
Shakespeare in Delaware Park
I advertised on May 6, 1993 and received the following sealed
proposal which was publicly opened and read on May 24, 1993:
Swiss Fabricating Inc. $153,400.00
I hereby certify that the foregoing is a true and correct statement of
the bid received and that Swiss Fabricating, Inc. in the amount of $153,400.00
is the lowest responsible bidder in accordance with the plans and
specifications.
L.C.P. Construction Corp. and Mike Brown Grandstands, Inc. picked up
documents but declined to bid.
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 will
be available in B/F 200-402-522 - Division of Buildings.
Estimate for this work was $180,000.00
Mr. Fahey moved:
That the communication from the Department of Public Works, dated May 24,
1993, be received and filed; and
That the Commissioner of Public Works be, and he hereby is authorized to
award a contract for Scaffolding for Stage - Shakespeare in Delaware Park to
Swiss Fabricating, Inc., the lowest responsible bidder in the amount of
$153,400.00, with said cost to be charged against the B/F 200-402-522 Division
of Buildings.
PASSED.
AYES- AMOS, BAKOS, BELL, COLLINS, COPPOLA, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO,
PERLA, ZUCHLEWSKI- 11.
NOES- ARTHUR, PITTS- 2.
No. 40
Report of Bids Electrical Reconstruction South District Police Station 1847
South Park Avenue
I advertised for on May 4, 1993 and received the following sealed
proposals which were publicly opened and read on May 18, 1993.
Warrens Electric 66,131
Industrial Power & Ltg 71,580
Wittburn Enterprises, Inc. 72,200
Grand Island Electric 76,287
Goodwin Electric Corp. 77,115
CVM Electric 77,993
Weydman Electric 81,238
Frey Electric 81,300
CIR Electrical Const. 88,800
I hereby certify that the foregoing is a true and correct statement of
all bids received and that Warrens Electric in the amount of $66,131.00 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 200-402-009 - Division of Buildings.
Estimate for this work was $75,000.
Mr. Fahey moved:
That the communication from the Department of Public Works, dated May 18,
1993, be received and filed; and
That the Commissioner of Public Works be, and he hereby is authorized to
award a contract for electrical reconstruction at South District Police
Station, 1847 South Park Avenue to Warrens Electric, the lowest responsible
bidder in the amount of $66,131.00, with said cost to be charged against B/F
200-402-009 - Division of Buildings.
PASSED.
AYES- 13 NOES- 0.
No. 41
Change in Contract - Change Order No. 1
Water Filtration Plant - Zebra Mussel Control
Contract - Quackenbush Company, Inc.
City Contract No. 91667300
I hereby submit to your Honorable Body the following change order
with Quackenbush Company, Inc. for work relating to the Water Filtration Plant,
Zebra Mussel Control, Heating, Ventilating and Air Conditioning, City Contract
No. 91667300.
New Work Item No. 1 - Remove and relocate one (1) steam heater to accommodate
the modifications to the chlorine storage area. Increase: $
564.00
Costs have been reviewed by the Department of Public Works and R & D
Engineering, P.C. and found to be fair and equitable.
SUMMARY:
Original amount of Contract $51,397.00
Amount of Change Order No. 1 - Increase $ 564.00
CURRENT AMOUNT OF CONTRACT $51,961.00
Funds in the amount of $ 564.00 are available in the Division of Water's
416-980-077-00-000 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 May 18,
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 Quackenbush Company, Inc. C-91667300, a net
increase in the amount of $564.00, as more fully described in the above
communication, for additional work relating to the Water Filtration Plant,
Zebra Mussel Control, Heating, Ventilating and Air Conditioning. Funds for this
contract are available in Division of Water'~ 416-980-077-00-000 account.
PASSED.
AYES- 13 NOES- 0.
No. 42
Change In Contract - Change Order No. 1
Water Filtration Plant - Zebra Mussel Control
CIR Electrical Construction Corp.
I hereby submit to your Honorable Body the following change order
with CIR Electrical Construction for work relating to electrical construction
for the Zebra Mussel Control at the Water Filtration Plant, City Contract No.
91667400.
Work Item No. 12 - Original estimate of 200 ft. of 1/2 inch conduit was not
required. 200 ft. @ $5.50 per unit.
Decrease: $1,100.00
Work Item No. 13 - Original estimate called for installation of 100 ft. of 3/4
inch conduit. Only 85 ft. was required.
Decrease: $108.00
Work Item No. 14 - Original estimate called for 1,000 ft. of #14 cable. Only
810 ft. was installed.
Decrease: $43.70
Work Item No. 15 - Original estimate called for installation of 1,000 ft. of
#12 cable. Only 925 ft. was installed.
Decrease: $24.00
Work Item No.16- Original estimate called for installation
of 1,000 ft. of #18 shielded cable. Only 940 ft. was required.
Decrease: $27.60
New Work Item No. 1 Installation of four (4) vacuum switches. Additional
chlorination system instrumentation, interconnections and deletion of specified
neutral cable on main power feeder.
Increase: $ 5,295.76
Costs have been reviewed by the Department of Public Works and found to
be fair and equitable.
SUMMARY:
Original amount of Contract $ 70,130.00
Amount of Change Order No. 1 Increase $ 3,992.46
CURRENT AMOUNT OF CONTRACT $ 74,122.46
Funds in the amount of $3,992.46 are available in the Division of Water's
416-980-077 account.
I recommend the above change order and it is respectfully requested that
your Honorable Body authorize the Commissioner of Public Works to is sue a
change order as set forth above.
Mr. Fahey moved:
That the communication from the Department of Public Works dated May 13,
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 ClR Electrical Construction Corp. C-91667400, a
net increase in the amount of $3,992.46, as more fully described in the above
communication, for additional work relating to electrical construction for the
Zebra Mussel Control at the Water Filtration Plant. Funds for this contract are
available in Division of Water's 416-980-077 account.
PASSED.
AYES- 13 NOES- 0.
No. 43
Change in Contract - Change Order No. 2
City Contract No. 91693400
Water Filtration Plant Clearwell Cleaning and Disinfection
I hereby submit to your Honorable Body the following change order
with Emark Marine Services, Corp. for work relating to the Water Filtration
Plant Clearwell Cleaning and Disinfection, City Contract No. 91693400.
New Work Item No. 1 - Installation of two bulkheads to seal the opening
in the dividing wall of the Clearwells to ensure protection of the public water
supply during the disinfection and cleaning of the Clearwell. The penetrations
in the dividing wall between the South and Center Clearwells were unknown
conditions at the time the contract was bid.
Increase: $ 8,998.00
Costs have been reviewed by the Department of Public Works and R & D
Engineering, P.C. and found to be fair and equitable.
SUMMARY:
Original amount of Contract $ 195,564.06
Amount of Change Order No. 1 - Increase $ 7,995.00
Amount of Change Order No. 2 - Increase $ 8,998.00
CURRENT AMOUNT OF CONTRACT $ 212,557.00
Funds in the amount of $ 8,998.00 are available in the Division of
Water's 416-982-009-00-000 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 May 18,
1993, be received and filed; and
That the Commissioner of Public Works, be and he hereby is authorized to
issue a change order No. 2 to Emark Marine Services Corp. C-91693400, a net
increase in the amount of $8,998.00, 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 416-982-009-00-000 account.
PASSED.
AYES- 13 NOES- 0.
No. 44
Change in Contract - Change Order No. 2 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
with Mar-Wal Construction Company, Inc. for work relating to Valve Replacement
in Broadway Avenue from Fillmore Avenue to Bailey Avenue, City Contract No.
91693600.
New Work Item No. 2 - Installation of 2,100 l.f. of ductile iron pipe
from the centerline of Broadway on Gibson Street, two hydrants furnished by
Division of Water, pipe with retainer glands, binder, chlorination and pressure
testing, removal of two (2) 6 inch tees and line connections. Final
restoration will be made by the Broadway Reconstruction Project.
Increase: $ 29,800.00
Costs have been reviewed by the Department of Public Works and found to
be fair and equitable.
This work was not foreseen prior to bidding.
SUMMARY:
Original amount of Contract $ 183,650.00
Amount of Change Order No. 1 - Increase $ 9,625.00
Amount of Change Order No. 2 - Increase $ 29,800.00
CURRENT AMOUNT OF CONTRACT $ 223,075.00
Funds in the amount of $29,800.00 are available in the Division of
Water's 416-982-020 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 May 13,
1993, be received and filed; and
That the Commissioner of Public Works be, and he hereby is, authorized to
issue a change order #2 to Mar-Wal Construction Company, in the amount of
$29,800.00 for additional work relating to Valve Replacement in Broadway Avenue
from Fillmore to Bailey Avenue, Contract No. 91693600, with said cost to be
charged against the Division of Water's 416-982-020 account.
PASSED.
AYES- 13 NOES- 0.
No. 45
Reduction in Retention - Walden Heights Subdivision
Construction Of Roads-Contract No. 91654700
Item No. 33 CCP 5-12-92
I hereby request the following reduction in retention for the
subject project.
The contractor to date has completed 85% of the original contract amount
of $1,299,770.55 or $1,094,994.07. Therefore, I am respectfully requesting your
honorable body authorize the Commissioner of Public Works to reduce the present
10% retention of $109,499.40 to 5% or $54,724.70 to Destro Brothers
Construction Company. The remaining work is to be completed in the summer of
1993.
Mr. Fahey moved:
That the communication from the Department of Public Works, dated May 18,
1993, be received and filed; and
That the Commissioner of Public Works, be and he hereby is authorized to
issue the reduction in retention from 10% retention of $109,499.400 to 5% or
$54,724.70 on a contract with Destro Brothers Construction Company, Contract
#91654700 for construction of roads, Walden Heights Subdivision.
PASSED.
AYES- 13 NOES- 0.
No. 46
Request for Permanent Easement
Walden Heights Subdivision
In order to provide service to the private homes that are to be
built in the proposed "Walden Heights Subdivision" the National Fuel Gas
Distribution Corporation, the New York Telephone Company and the Niagara Mohawk
Power Corporation are requesting the owner of the parcel to grant the permanent
easement described in the attached indenture. The records of the Department of
Assessment indicates that the title to the property in question is still in the
name of the City of Buffalo.
The Division of Engineering has reviewed the attached easement and finds
it to be necessary and reasonable for the proposed development. I am therefore,
requesting that your Honorable Body grant the requested permanent easement. The
cost and responsibility for filing the permanent easement shall rest with the
utility companies.
Mr. Fahey moved:
That the communication from the Department of Public Works, dated May 18,
1993, be received and filed; and
That the request of the New York Telephone Company and Niagara Mohawk
Power Corporation for a permanent easement through city-owned land, as
described in the above communication, in order to provide service to the
planned homes in the proposed Walden Heights Subdivision, be and hereby is
approved, subject to the approval of the Law Department, and with the utility
companies to bear the cost and responsibility for filing the permanent easement
with the Erie County Clerk.
PASSED.
AYES- 13 NOES- 0.
No. 47
Conrail - Repair Property Located Between Leroy Avenue and Dewey Street
Item No. 98. C.C.P., 3/16/93
Item No. 153, C.C.P., 2/16/93
When the Department of Public Works was first contacted by Conrail
regarding the ownership of the property located between Leroy Avenue and Dewey
Street, and hence responsibility for maintenance of the fencing along that
property, the Division of Engineering made an exhaustive search of its records
and files, dating back to 1904, but found no reference as to the ownership and
maintenance responsibility of the property in question.
Based on our inability to find information pertaining to this property,
the Division of Engineering contacted the New York State Department of
Transportation, Railroad Division, and requested information as to the
ownership of this property, based on their records. The New York State
Department of Transportation could not confirm ownership of this property.
Therefore, and in response to Resolution #98 dated 3/16/93, Conrail's
response to Resolution #153 dated 2/16/93, "Conrail - Repair Property Located
between Leroy Avenue and Dewey Street", the Department of Public Works refutes
Conrail's claim of City ownership of this fencing based on the following
information:
Pursuant to your Honorable Body's request, the Department of Public
Works, by survey, has established the location of the existing fencing
bordering the rock cut for the former Belt Line Railroad between Leroy Avenue
and Dewey Street. A copy of this survey is attached.
At the north side of Dewey Avenue, the six foot high chain link fence
along the east side of the railroad line is 1.95 feet onto the railroad
right-of-way. The six foot chain link fence on the west side is 1.55 feet onto
the right-of-way of the public alley.
At the south side of Leroy Avenue, the six foot high chain link fence on
the west side of the railroad line is on the property line between the railroad
right-of-way and the public alley. The four foot high chain link fence on the
east side of the railroad line is 0.45 feet onto the railroad right-of-way.
Once this survey was concluded, and based on its findings, the Division
of Engineering attempted to contact Conrail to inquire as to how they
determined that this property, and therefore the maintenance of the fencing,
was the responsibility of the City of Buffalo. To date, we have been unable to
get a response from Conrail.
Therefore, based on this survey, the Department of Public Works contends
that fence repair, and thereby the deterrent necessary for the cessation of
illegal dumping at these sites, is still the responsibility of Conrail.
The Department of Public Works is currently working with the Law
Department, and drafting a letter of notice to Conrail, requiring that they
make the proper remediation to the property and fencing surrounding the
aforementioned locations.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 48
1461 Main Street - New Facade Within Right Of Way
Ms. Lynn Lougen, Architect, acting as agent for the Geneva B.
Scruggs Health Care Center, located at 1461 Main Street, has requested
permission to install a new facade which would encroach City right of way at
said address.
The existing building presently encroaches approximately 3 inches of
right of way, after installation of the proposed facade the total encroachment
would be approximately 6.5 inches.
The Department of Public Works has reviewed Ms. Lougen's application
pursuant to Chapter 413-67 (encroachment regulations) of the City Ordinances
and has no objection to Your Honorable Body authorizing the Commissioner of
Public Works to issue a "Mere License" for installation of said installation
provided the following conditions are met:
1. That the applicant obtain any and all other City of Buffalo permits
necessary for said installation.
2. That the facade be installed exactly as shown on plans submitted to and
approved by the Department of Public Works, Division of Building s.
3. That, after installation, the new facade extends no more than 6.5 inches
from the building face into City right of way.
4. That the applicant supply the City of Buffalo with a five thousand dollar
($5,000.00) 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
facade.
REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD.
No. 49
Main Street - Scajaquada Expressway to Bailey Avenue
Item No. 87, C.C.P., 5/11/93
In regards to the above item, the following is a report from the
Department of Public Works.
The Division of Engineering is well aware of the condition of Main Street
and has been attempting to identity funds for reconstruction for a number of
years. With the existing annual allotment of funds the anticipated cost for
reconstruction of $20 Million is not available.
Therefore, the Department of Public Works has spent numerous hours with
the New York State Department of Transportation and we are pleased to announce
that we have been successful in identifying funds for this project. However,
due to availability of State and Federal Funds this money will not be
forthcoming until the Spring of 1998.
In the interim my Department has prepared the attached scope and estimate
for the resurfacing of Main Street from the Scajaquada Expressway to Bailey
Avenue which totals approximately $191,947. At the present time, there are no
funds available for this work.
In closing, I will be meeting with the Commissioner of Community
Development to determine if they have any available funds for this work.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 50
Claim for Wages - Various Employees
From May 1 through May 23, 1993 members of the crew of the Cotter
worked while an agreement was being formulated to cover various aspects of
their employment. On May 1, 1993 each employee should have been transferred
from the Engineering Division to the Buildings Division and their salaries set
at $30,000. Due to the fact that the above mentioned agreement was not
finalized and approved by the Budget Director, the Civil Service Commission and
Your Honorable Body, the proper appointments could not be filed. The
Comptroller has thus ruled that a claim must be approved by Your Honorable Body
to pay these employees.
I respectfully request that you authorize the Comptroller to issue the
following payments for time worked from May 1 to May 23, 1993:
George Evans 15 days @ $114.922 per day= $1,723.83
Michael Farrel 15 days @ $114.922 per day= $1,723.83
John Harter 15 days @ $114.922 per day= $1,723.83
Joseph Kalinowski 15 days @ $114.922 per day= $1,723.83
William Robinson 15 days @ $114.922 per day= $1,723.83
Mr. Fahey moved:
That the communication from the Department of Public Works dated May 24,
1993 be received and filed, and;
That the Comptroller be and hereby is authorized to issue payments for
time worked from May 1, 1993 to May 23, 1993 to the individuals listed and in
the amounts specified in the above communication.
PASSED.
AYES- 13 NOES- 0.
No. 51
Certificate of Appointment
Appointment effective 5-17-93 in the Department of Public Works,
Division of Engineering, Francis Mulderig, 56 Eaglewood, Buffalo, NY 14220, to
the position of Laborer II, Permanent, at the intermediate starting salary of $
9.62 hour.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
No. 52
Certificate of Appointment
Appointment effective May 10, 1993 in the Department of Public
Works Division of Water, Dominic A. Chelia, Jr., 455 Abbott Road, Buffalo,
14220, to the position of Water Meter Mechanic Helper, Provisional, at the
maximum starting salary of $ 21,503.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
FROM THE COMMISSIONER OF POLICE
No. 53
Checks Received
Item No. 104, C.C.P. 2/2/88
Per C.C.P. No. 104 of February 2, 1988, attached hereto, please
find copy of the following check:
3007-37239387 $28,708.80
This check was received by this Department and duly deposited in Trust &
Agency Account # 630-065-271-00-000.
RECEIVED AND FILED.
No. 54
C.O.M.B.A.T. Grant Program
Renewal: Fiscal Year 1993-1994
Item No. 112, C.C.P. 02/18/92
We have applied for and have been awarded $260,687.00 in renewal
funding from the New York State Department of Criminal Justice Services for the
renewal of our C.O.M.B.A.T. Grant Program for the period April 1, 1993 through
March 31, 1994.
Under this agreement, the State will provide the City of Buffalo with
$260,687.00 to enhance the City's narcotics enforcement capabilities as well as
strengthen the community relations between the police and the residents in the
targeted areas. These funds will assist in the reduction of street corner drug
activity through increased police presence within the targeted zone on the
City's East Side, and will continue the efforts the 1991-1992 grant program
initiated on the City's lower West Side.
I am respectfully requesting that Your Honorable Body authorize
permission for the Mayor to enter into this renewal agreement (see copy of
renewal narrative attached).
We are also respectfully requesting that Your Honorable Body authorize
the Comptroller to provide for an inter-fund cash loan in the amount of $3,500
as a cash advance for all non-personnel purchases until such reimbursement is
secured from the State. The loan would then be repaid as the reimbursements are
sent to the City from the State under this grant program.
If additional information is required, please do not hesitate to contact
Captain Edward C. Hempling, Planning/Analysis Unit.
REFERRED TO THE COMMITTEE ON FINANCE AND THE COMMISSIONER OF POLICE.
No. 55
Ranson Auto - Junk Vehicle Bid Offer
Item #100 C.C.P., April 13, 1993
Determination of this response rests with the Director, Parking
Violations Bureau, Administration and Finance. Towed and junk vehicles are not
the responsibility of the Police other than initiating required paperwork as
necessary to effect a vehicle towing or removal from the street(s). Junk
police vehicles removed from the Police Garage upon authorized request to
authorized towing agency does not return salvage monies associated with removal
to Police funds, but to the City General Funds account.
REFERRED TO THE COMMITTEE ON FINANCE.
FROM THE CORPORATION COUNSEL
No. 56
Formal Complaint On Rate Increases
Channel Changes TCI of N.Y.
Item No. 198, C.C.P. 04/13/93
In response to No. 198, C.C.P., April 13, 1993, I offer the following
information.
As you are aware, prior to the Cable Act of 1992, municipalities had
little or no authority to regulate cable television rates. With the enactment
of the 1992 Act, and attendant Federal Communications Commission (FCC)
rulemaking, municipalities can assert regulatory jurisdiction over basic cable
service rates only if granted a certification by the FCC. The FCC will assume
jurisdiction if the certification is denied or revoked, or in certain
circumstances upon request of the municipality. Whichever entity assumes
jurisdiction it is clear that basic cable service rates can be regulated only
if effective competition does not exist.
Turning to your request for the filing of a formal complaint with the FCC
for "rate increases imposed in January, 1993", it is necessary to separately
analyze the increases for each service tier. First, for basic cable rate
increases it would be premature, in my opinion, to file a formal complaint
since the City has neither applied for certification nor requested the FCC to
assert jurisdiction. In this regard, the City cannot file a certification
application until thirty (30) days after publication of the FCC's Report and
Order in the Federal Register. To date, publication has not occurred, however,
it is likely that filing will be allowed sometime in July of 1993. Second,
extended basic service (also called cable programming services) will be
regulated solely by the FCC on a complaint basis. For cable programming
service and associated equipment rates in effect on June 21, 1993, complaints
must be filed within 180 days from June 21, 1993, that is, by December 18,
1993. After December 18, 1993, complaints must be filed within 45 days from
the date you receive a bill reflecting the rate increase. As a result, at this
time it would also be premature to file a complaint regarding extended basic
rates. Third, it is my understanding that rates for premium services offered on
a per-channel or per-program basis, such as Home Box Office (HBO) are not
subject to rate regulation under any circumstances. As a result, it is apparent
that HBO rate increases cannot be challenged.
With regard to the implementation of a "stripped-down basic service" and
the resulting channel repositioning, we are currently examining our ability to
file a formal challenge. It is important to point out that the Cable Act of
1992 provides for minimum contents and permitted additions to the basic tier.
As a result, it would seem that the contents and any additions to the basic
tier are negotiable in the renewal process.
I hope these comments have been helpful. As always, this office stands
ready to assist the Common Council in telecommunication affairs.
REFERRED TO THE SPECIAL COMMITTEE ON CATV.
No. 57
Rescind Sale of 418 Northampton
Purchasers: Emilo & Sandra Castillo
No. 78, C.C.P. 10/27/92
No. 52, C.C.P. 1/19/93.
The above item was originally passed by Your Honorable during
your meeting of October 27, 1992.
However, it appears that when Item No. 78, C.C.P., 10/27/92 came out of
the Finance Committee, someone erroneously typed Six Thousand Dollars
($6000.00) as the sale price instead of the Three Thousand Dollars ($3000.00)
agreed to by the parties. This clerical error was rectified by the Common
Council per Item No. 52, C.C.P., 1/19/93.
While the item was before the Common Council, Mr. Emilo Castillo
notified the Division of Real Estate, by a letter dated January 13, 1993 that
he no longer wished to pursue the purchase of the subject property. He also
requested for the return of his deposit of Three Hundred Dollars ($300.00).
Since the delay in consummating the sale was through no fault of the
purchaser in this instance, I request Your Honorable Body to authorize the
rescission of the sale, refund of the Three Hundred Dollars deposit ($300.00)
and return of the premises to inventory for future sale.
Attached is an approving motion to accomplish this purchase.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 58
Braco - I Refund of Excess Real Property Taxes - 1992-93
On November 30, 1977 a contract was executed by the City of Buffalo
and Braco - I, limiting Braco - I's real property tax liability as to certain
properties, pursuant to and in accordance with Section 236 of the National
Housing Act of 1968 and Article V of the Private Finance Housing Law.
This contract places a real property tax ceiling of $45,599 as to both
City and County taxes, and exempts the real property from any further similar
tax for a period of forty (40) years, beginning December 30, 1976.
Consequently, if in any one fiscal year the combined City and County real
property tax exceeds $45,599, the taxpayer is entitled to a refund of the
excess.
This refund is apportioned between the City and County, according to the
tax rates prevailing at the time.
The parcels subject to the contract are: 210 Allen; 359-375 Busti; 279
Niagara; 231 West; 87 Whitney; 346-350 Franklin; 352-354 Franklin; 922-928 Main
and 74-78 Grant.
The present application covers the 1992-93 tax year and is as follows:
1992-93 City Tax - $ 82,322.04
1993 County Tax - 21,823.15
Total Tax Paid - 104,145.19
Less Combined Ceiling 45,599.00
Overpayment - $ 58,546.19
City's Share: .79 x 58,546.19 $ 46,251.49
Your authorization is needed for a refund of $46,251.49 from the City of
Buffalo to Braco - I.
REFERRED TO THE COMMITTEE ON FINANCE.
FROM THE COMMISSIONER OF COMMUNITY DEVELOPMENT
No. 59
Oak Street Redevelopment Project NYR-197
Portion of Disposition Parcel 8A2 - Southeast Corner
of Carlton and Washington Streets - Approval of LDA
VNA Group Realty, Inc.
The City of Buffalo Urban Renewal Agency duly designated VNA Group
Realty, Inc., and/or joint venture, partnership, corporation or other legal
entity to be formed as the qualified and eligible Redeveloper for the subject
parcel.
The Agency has also determined that the proposed Land Disposition
Agreement negotiated by the Agency and the Redeveloper is satisfactory.
Please be advised that in accordance with the provisions of Article 15A
of the General Municipal Law, it is now necessary for Your Honorable Body to
set a date for a public hearing, and to direct the publication of a notice of
said hearing. In the interest of time and anticipating that Your Honorable
Body is willing to expedite this matter, I have taken the liberty to prepare a
Resolution together with a Notice of Public Hearing for your action.
Forwarded herewith are the following documents:
1. Resolution setting Public Hearing
2. Notice of Public Hearing
3. Resolution approving proposed Land Disposition
Agreement
4. Proposed Land Disposition Agreement
After the Public Hearing is held, Your Honorable Body may adopt a
Resolution authorizing the disposition of the land to the Redeveloper, which
the Agency has designated as being qualified and eligible.
REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT.
No. 60
Agreement With NFTA to Remove NFTA-Owned Bridge (formerly CONRAIL) on Main
Street in the Vicinity of
LaSalle Transit Station
Over the past several years there have been numerous studies and
analyses of the redevelopment potential of the vacant rail rights-of-way on
both sides of Main Street in the vicinity of the LaSalle Transit Station.
While the proposals for the "best fit" of land uses and building densities have
changed over the years, one element considered to be integral to any
redevelopment efforts has remained constant: The need to remove the 2 abandoned
Conrail bridges and the raising of Main Street to grade level between Hertel
Avenue and LaSalle Avenue. The current alignment of Main Street and the
physical barrier created by the bridges seriously hinder the City's efforts to
market these sites for future development.
The NFTA purchased the southernmost bridge with the intention of using it
for a grade separated crossing for the Tonawanda Corridor Railbus. The City of
Buffalo owns the right-of-way and bridge to the North of the NFTA-owned bridge
and land adjacent to the LaSalle Station.
In 1987, the NFTA Board sought assurances from the City that would hold
the NFTA harmless from possible future incremental capital costs to preserve
this grade separation across Main Street. However, based on the findings of the
NFTA's "Railbus Feasibility Study", plus the Board's current policy on rail
extensions, the NFTA staff has recently forwarded a recommendation to its Board
that would amend the 1987 resolution to include the lower cost at-grade
crossing of Main Street as a possible alternative. The Department of Community
Development finds the proposed inclusion of this lower cost at-grade crossing
alternative to be reasonable and equitable. The staff of the NFTA is further
recommending that the decision on the method for crossing Main Street be made
in a fashion acceptable to the NFTA, the City, and NYSDOT at the appropriate
time. Action on this proposed amendment to the NFTA resolution of 1987 is
expected to be taken during the next Board meeting on June 14.
There are no funds needed to implement this resolution. Financial impacts
will only be realized if through-service to Tonawanda is implemented. Based on
the NFTA's current fiscal realities, including Metro's projected operating
deficits, a through-service extension is not envisioned in the foreseeable
future. The funds needed to remove the bridges and reconstruct the Main Street
right-of-way will be made available through the New York State Transportation
Bond Act of 1987 as soon as the City of Buffalo agrees to hold the NFTA
harmless from any incremental capital costs that may be necessary to cross Main
Street.
We respectfully request that your Honorable Body adopt an appropriate
resolution to address the matter above.
REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT.
No. 61
Change Order #1 - Asbestos Removal 1168-1170 Broadway
I herewith submit to Your Honorable Body the following change
in contract for asbestos removal at the former Polish Singing Circle building
at 1168-1170 Broadway now owned by the City.
1.) Removal and disposal of an additional 261 square feet of asbestos
containing wall plaster at a unit price of $4.00 per square foot.
ADD $1,044.00
The additional quantity of wall plaster and associated removal-disposal
prices were reviewed and found to be acceptable by our department and the
project consultant, Edward O. Watts, P.E., P.C. Funds for this work are
available in Bond Fund #200-717-068. A contract summary is as follows:
Original Contract Amount $17,450.00
Amount this Change #1 $ 1,044.00
Revised Contract Amount $18,494.00
I therefore recommend that Your Honorable Body authorize the Commissioner
of Community Development to issue a Change Order to UAS Remediation Services of
6583 Merchant Place, Gainesville, Virginia as set forth above.
Mr. Fahey moved:
That the communication from the Department of Community Development,
dated May 19, 1993, be received and filed; and
That the Commissioner of Community Development be, and he hereby is,
authorized to issue a change order #1 to UAS Remediation Services of 6583
Merchant Place, Gainesville Virginia, in the amount of $1,044.00 for additional
work relating to the Asbestos Removal at the former Polish Singing Circle
building at 1168-1170 Broadway, with said cost to be charged against the Bond
Fund #200-717-068.
PASSED.
AYES- 13 NOES- 0.
No. 62
Change in Contract
Reconstruction of Broderick Park
I hereby submit to Your Honorable Body the following change in
contract for the Reconstruction of Broderick Park, G.B.H. Paving, Inc.,
Contract No. 91690200:
1. Replace 49 feet new safety rail which was removed by
others after bids were received. ADD: $2,450.
2. Add eight new 8 foot concrete parking bumpers adjacent
to low stone wall at southern most parking area.
ADD: $ 304.
3. Include an additional 8,750 square feet of 6 inch deep top
soil, fertilizer, seed and mulch in area of old
road removal. ADD: $3,500
The foregoing change results in a net increase in contract of $6,254.
SUMMARY:
Original Contract Amount $120,391.
Change Order No. 1 (This Change) ADD: $ 6,254.
Revised Amount of Contract $126,645.
This change could not be foreseen at the time the contract was let. The
cost for this additional work was reviewed by the Department of Community
Development and found to be fair and equitable.
Funds for this work are available in C.P.A. 200-717-524.
I recommend that Your Honorable Body authorize the Commissioner of
Community Development to issue a Change Order to G.B.H. Paving, Inc., in the
amount of $6,254. as set forth above.
Mr. Fahey moved:
That the communication from the Department of Community Development,
dated May 12, 1993, be received and filed; and
That the Commissioner of Community Development be, and he hereby is,
authorized to issue a change order #1 to G.B.H. Paving, Inc., Contract No.
91690200, in the amount of $6,254.00 for additional work relating to the
Reconstruction of Broderick Park, with said cost to be charged against the
C.P.A. #200-717-524.
PASSED.
AYES- 13 NOES- 0.
No. 63
Remonstrance Against Rezoning 522 Dorrance
The Planning Division has reviewed the petition submitted by Mr.
Morreale and finds that it is a valid remonstrance.
Section 511-126, A of the Buffalo Code states that when 20% or more of
the owners of land adjacent to and extending 100 feet in all directions from
the area to be rezoned object to the proposed rezoning, the remonstrance is
valid. To this instance, the total area within 100 feet of the area to be
rezoned is approximately 87,946 square feet. Within that area, the owners of
approximately 74,619 square feet (41-103 Turner [odd numbers] and 564, 568 and
572 Dorrance) have signed the remonstrance. This represents 84.8% of the
affected owners.
With this valid remonstrance, the proposed rezoning will require a
three-fourths (3/4) vote of the Council.
RECEIVED AND FILED.
No. 64
Niagara Lutheran Home Request to Build
an Addition at 64 Hager Street
Item No. 85, C.C.P. 5/11/93
Attached for your review is the short Environmental Assessment
Form for the matter captioned above.
That the communication from the Commissioner of Community Development,
dated May 19, 1993, be received and filed; and
That "Niagara Lutheran Home - Request to Build an Addition at 64 Hager
Street" is an unlisted action as defined in 6 NYCRR Part 617.2. The Common
Council has approval power over this item, and is therefore an involved agency
as defined in 617.2. As part of an uncoordinated review, the Common Council
has evaluated an Environmental Assessment form (EAF) on this item which has
been completed by the applicant (Part 1) and by the City Planning Board (Part
II); and
Having made an independent assessment of the information contained in the
EAF, the Common Council adopts the findings set forth in Part II and, as a
result, finds that this proposed action will not result in any significant
adverse environmental impacts. Therefore, this Common Council issues a negative
declaration.
ADOPTED.
FROM THE COMMISSIONER OF INSPECTIONS AND COMMUNITY REVITALIZATION
No. 65
Demolition 1200 Block Fillmore Avenue Spraying Demolition Jobs Before 4/15/93
Item No. 166, C.C.P. 4/13/93
In reference to the spraying of demolition jobs prior to April
15, 1993, please be advised that we were following the city of Buffalo's code,
Chapter 491, Section 72. Please refer to the attached copy.
We trust this will satisfy your inquiry.
RECEIVED AND FILED.
No. 66
Request Report - Alleged Illegal Removal Of Asbestos - Demolition Of 1495
Fillmore Ave.
Item No. 165, C.C.P. 4/13/93
With regard to the above subject please be advised we have no
knowledge of any asbestos being illegally removed from this site. If illegal
activity of this sort were being done it would fall under the jurisdiction of
the New York State Department of Labor. No asbestos removal work has been
authorized by our Department. When the contract documentation is completed a
notice to proceed will be issued and sent to the contractor.
We trust this will satisfy your inquiry.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 67
Request For Update And Additional Information
Conrail Fence Repair
Item No. 66, C.C.P. 4/13/93
In reference to the above subject please be advised of the following
as reported by Building inspector Art Kostrzewa:
City of Buffalo surveyors at the request of the Public Works Department
have determined that the property under dispute does in fact belong to Conrail
and as such, is their responsibility to repair. Property inspections on May
10, 1993 shows conditions unchanged. The fence is still down and dumping
continues. Mr. Massey of Public Works is also preparing a Council
communication as he suspects Conrail will dispute.
Attached please find a copy of the letter of violation sent to Conrail on
May 10, 1993 along with a copy of the Sanborn map showing the location of this
property.
This division will continue to make monthly inspections until this
situation is rectified.
We trust this will satisfy your inquiry.
REFFERED TO THE COMMITTEE ON FINANCE.
No. 68
Illegal Demolitions Masten and Ellicott District
Item No. 94, C.C.P. 4/13/93
In reference to the above subject I wish to supply your Honorable
Body with the following information: We have reviewed the communication
submitted by Mr. James Davis, Esq. I shall address each issue separately. Mr.
Davis being unfamiliar with the inner workings of our department states, "there
are a number of demolitions of residential property in the Masten and Ellicott
district that are illegal, unjustified and violative of procedural due process
as well as negligent. Our department bids, awards, and/or supervises
approximately 300 demolitions per year. Although not faultless, our rate of
error is very low. We are neither negligent or overzealous in the pursuit of
our charge. Experience has showed us that as the demolition process takes
place not all parties involved are totally happy with the results or procedures
taken when dealing with the demolition of a property. Someone is always
inconvenienced. This is the nature of this business. Mr. Davis' letter refers
to valuables being stripped and unceremoniously ripped off. When a property is
let to bid and the project is awarded, salvage rights are given to the
contractor to help keep the costs down. The history of 20 Timon has been
questionable at best. The property has been written for court and identified
for demolition as early as March 5, 1981. Inspections conducted on 1/29/80,
1/2/82, 11/7/85 and 6/28/91 identified this property as having a blighting
effect on the neighborhood. The report dated 6/28/91 by Building inspector
Kevin Gould shows twelve different areas of concern in violation of city
Housing Codes, to substantiate our determination to demolish this property.
During our preparation of our documentation for this property to be
demolished, and during the bid process, right up to the asbestos removal and
preparation of this building for demolition, no building permit was ever
obtained by Mr. Haskins or any contractor to substantiate that this property
was brought from a very troubled condition to a "ready to rent building."
On 3/3/92 this office was served a notice of claim by Mr. James Davis and
Mr. James Haskins. Upon the delivery of this paperwork to the Division of
Housing and Property inspections a hearing was immediately held in Room 304
City Hall by Assistant Director Paul Mielcarek. Present at this hearing were
Mr. James Haskins, owner of 20 Timon St., and Mr. James P. Davis, esq. attorney
for Mr. Haskins. During this hearing the notice of claim and quick claim deed
filed in Erie County Hall were reviewed by all parties. After this property
was identified for demolition a property search was performed on 7/18/91. This
property search was used to prepare our demolition documentation. Unknown to
our department a quick claim deed was executed from our owner of record,
William G. Services, to the current owner of record, Mr. James Haskins. Our
office was not a party to, or informed of this transaction. During the time
frame of 8/1/91 to 3/3/92, our department had no knowledge that this property
had changed owners.
A second topic brought up for discussion was Mr. Haskins financial
ability to perform the repair work. Mr. Haskins stated at the hearing that he
was financially able to perform any and all repairs to 20 Timon St. Mr.
Haskins stated at this time he would have Fullington Roofing perform the roof
work. Mr. Haskins also stated at this time that he would be performing the
work on this property himself. A time table was discussed and agreed upon by
all parties at this time. The building would be boarded up immediately. The
exterior work would commence immediately and be completed in thirty days. The
building would be occupied in ninety days and would be in total compliance in
six months.
To this date no repair permits have been issued for 20 Timon St. On
3/3/93, District Building inspector Kevin Fitzgerald was made aware of the
status of this property. An exterior letter of violation was written for
abandoned building, junk and debris in the yards, weeds and high grass.
According to the agreement reached at the hearing of 3/3/93 this property was
to be brought into total compliance on or about 9/3/93. No extensions of time
were ever sought from this department by Mr. Haskins or Mr. Davis. On 10/15/92
a summons and complaint was written by inspector Kevin Fitzgerald for the
aforementioned violations. Mr. Davis states "because of the partial demolition
of his real property at 20 Timon St. the city has not settled his case after
more than a year." Adding insult to injury the city never served him with a
summons. He has lost time from work as a direct result of the partial
demolition of a "ready to rent renovated building." Mr. Haskins was sent a
letter of violation as standard operating procedure of our department. Mr.
Haskins and Mr. Davis agreed to have full compliance six months from the date
of the hearing held on March 3, 1993. This non-action by the owner not
repairing this property was taken as a disregard of the agreement reached at
the hearing of 3/3/93. The District inspector performed his duties and issued a
summons and complaint. As far as the property being in a "ready to rent
condition", our files show the last repair permit being issued on 3/27/89. It
is unknown whether this property was ever brought into compliance. Mr. Davis
description of a "ready to rent" building does not match the property we have
been inspecting on numerous occasions.
In reference to 64 Pink St. a notice of claim was delivered to the "City"
on or about 3/3/93. This property was identified for demolition by inspector
Tracy Krug on 8/10/92. The inspectors reports were verified, reviewed and
approved by Chief Building inspector Samuel Phillips on 8/17/92. On 9/2/92 as
requested by our inspectional staff, the property search for 64 Pink St. was
completed by Real Estate investigator, Ludovico Puccio. On 9/29/92 a Lis
Pendens was filed against this property in Liber 384 page 33. A demolition
hearing notice was sent to the owner of record on 9/30/92. The demolition
hearing was scheduled on 10/13/92. This hearing notice was also posted at this
property on 9/30/92 by Building inspector Tracy Krug. Prior to letting this
property to bid an Assistant Corporation Counsel of the city of Buffalo
reviewed our paperwork for demolition. Our department submits that in the case
of 64 Pink St. all proper procedures as outlined in Section 113 of the Charter
and ordinances of the city of Buffalo were followed. Mary L. Wadood took
possession of this property with a quick claim deed on or about 12/8/92. If
Ms. Wadood had legal representation in reference to the sale of this property,
a property Title Search would have been performed and the Lis Pendens filed by
the city of Buffalo would have been found. If Ms. Wadood wishes to pursue
legal action it should possibly be against the attorney that represented her
during this transaction.
REFERRED TO THE COMMITTEE ON FINANCE.
FROM THE COMMISSIONER OF ADMINISTRATION AND FINANCE
No. 69
Memorandum of Agreement Former Crew Members of
William H. Cotter
Enclosed for the approval of your Honorable Body, please find
a Memorandum of Agreement setting forth the terms and conditions of employment
of the five remaining crew members of the William H. Cotter.
Your approval is recommended.
Mr. Fahey moved:
That the communication from the Department of Administration and Finance,
dated May 19, 1993, be received and filed; and
That the Memorandum of Agreement between the City of Buffalo and Local
282, International Association of Firefighters, AFL-CIO, Local 71,
International Union of Operating Engineers, AFL-CIO, Local 264, AFSCME,
AFL-CIO, setting forth the terms and conditions of employment of the five
remaining crew members of the William H. Cotter, be, and the same hereby is,
approved in the form as submitted by the Department of Administration and
Finance in the above communication.
PASSED.
AYES- 13 NOES- 0.
No. 70
Ransom Auto - Junk Vehicles Bid Offer
Item #100, C.C.P. 4/13/93
The above item was referred to this office for a report. It is
a communication from Mr. Chester Haniszewski of Ransom Auto Parts, Inc. who
suggests it would be economically advantageous for the City to accept $42 per
junk vehicle from his company who would pick up the vehicle from City property
rather than to accept $56 from another company that would require the City to
deliver the vehicle.
This conclusion is based on the false assumption that the City is paying
a private contractor $28 to $30 to tow or flatbed each vehicle to the second
vendor's place of business. Division of Parking Enforcement uses City tow
truck operators to deliver their vehicles, thereby not incurring any
incremental cost to realize an additional $14 per vehicle, or $4,900 per year
for the approximate 350 vehicles annually sold for scrap.
I believe the City has made the correct choice in accepting the $56 per
vehicle bid from South Buffalo Auto Parts.
REFERRED TO THE COMMITTEE ON FINANCE.
FROM THE CITY CLERK
No. 71
Disposal and/or Sale of Obsolete Equipment
One of the problems I encounter as Records Management Officer
is that I become the recipient of old and dilapidated equipment, some of it
useable but much of it junk i.e. desks, file cabinets, obsolete mini computers,
personal computers, monitors, filing cabinets, telephones, adding machines,
bookcases, chairs, coat racks, and tons of miscellaneous junk.
We routinely separate the useable equipment and put it back into service
by departmental request, however, I am still stuck with tons of garbage.
The purpose of this communication is to request permission to advertise
for a scrap auction, but if the auction fails to attract any bidders, I am
requesting that the metal be allowed to be recycled through our own recycling
program and that I be allowed to junk the rest through the Streets Sanitation
department.
As it took one year to clean out the sub-basement, the acquisition of
this surplus makes it appear that we never started. As I am running out of
room and usable materials/equipment are constantly being removed without
authorization, an approval at this meeting would be greatly appreciated.
Mr. Fahey moved:
That the communication from the City Clerk, dated May 18, 1993, be
received and filed; and
That the City Clerk be, and he hereby is authorized to advertise for a
scrap auction for disposal and/or sale of obsolete equipment located in the
sub-basement of City Hall.
PASSED.
AYES- 13 NOES- 0.
No. 72
Purebred Licenses - Request Memorialization
This communication is to request your assistance in preparing
a memorialization to the State Legislature to amend the Agricultures and Market
Law, Section 109 (2) (see attachment) as it relates to the issuance of purebred
licenses.
For points of clarification, an owner of two or more purebred animals may
apply for a purebred license for $25.00 for up to 10 dogs. Regularly, they
would have to pay $175.50, if they were legal. The problem that arises is that
our Housing Code only allows for three (3) dogs per residence in an R-2 area;
any more than three would constitute a kennel for which a party would have to
be zoned CM. Most of our purebred license owners not only have more than three
(3) dogs, but they almost all reside in R-2 districts. Most, if not all, breed
these dogs for profit.
The dilemma I am faced with here is that the State requires me to issue
these licenses regardless of our zoning and housing laws (see attachment) and
then after I issue the license, I am to write those parties up on their various
violations. If it is obvious that someone is operating a kennel or try to
license more than three dogs, the issuing authority should have the power to
refuse to issue that license based on our statutes or withhold the license
until our zoning and housing laws are met.
As I have refused to issue purebred licenses in two cases (see
attachment), it is possible that the state will proceed with legal action to
force me to do so.
Your attention to this matter is appreciated.
Attachments
(1) Agriculture and Markets Law
(2) Letters from Joanie Demchik-Black, Black Rose Shepherds admitting that
she is running a kennel; a search of City records indicate that she did not
apply for proper zoning or a variance to operate a kennel in a residential
area.
(3) Letter from Edward S. Rowley, Associate Attorney, NYS Dept. of
Agriculture and Markets
REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CORPORATION COUNSEL.
No. 73
Auto Allowance
The following departments have filed the required certificate
relative to the granting of automobile transportation allowances for employees
in their respective departments:
Division of Water - Ronald J. Slomba, Jr.
RECEIVED AND FILED.
No. 74
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
49 W. Chippewa Atonic Atonic, Inc.,
185 East St. East Inn Carol & Sandy's East Inn, Inc.
RECEIVED AND FILED.
No. 75
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:
Comptroller- Christine Kasianowicz, Margaret Quinn, Joy McDuffie
Public Works- Patrick C. McNamara
Fire- Russell A. Mott
Human Resources- Cathy Phillips
RECEIVED AND FILED.
No. 76
Reports of Attendance
I transmit herewith communications received by me, from the various
boards, commissions, agencies and authorities reporting the membership
attendance at their respective meetings:
Board of Stadium and Auditorium
Buffalo Sewer Authority
City Planning Board
Emergency Medical Services Board
Youth Board
RECEIVED AND FILED.
No. 77
Notices of Appointments - Council Interns
I transmit herewith appointments to the position of Council Intern.
Mr. Fahey moved the approval of the appointments to the position of
Council Intern.
ADOPTED.
FROM THE DEPARTMENT OF CITY CLERK
Appointment effective May 1, 1993 in the Department of City Clerk
Jeremy A. Colby, 43 Argus, Buffalo, 14207, to the position of Intern IV,
Seasonal, at the flat starting salary of $ 6.00 hour.
Appointment effective May 7,1993 in the Department of City Clerk Anita M.
Schultz, 189 Prospect, Buffalo, 14201, to the position of Intern III, Seasonal,
at the flat starting salary of $ 5.00 hour.
Appointment effective May 18,1993 in the Department of City Clerk Roscoe
Henderson III, 338 Watson St., Buffalo, NY 14212 to the position of Intern IV,
Seasonal, at the flat starting salary of $ 6.00 hour.
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 May 17, 1993 in the Department of Stadium
& Auditorium, Division of Pilot Field Stadium, Laura Ando, 771 Tifft Street,
Buffalo, 14220, to the position of Laborer I, Seasonal, at the flat starting
salary of $5.98 hour.
FROM THE DEPARTMENT OF AUDIT AND CONTROL
Appointment effective May 7, 1993 in the Department of Audit and
Control, Division of Real Estate, Christine M. Krug, 317 McKinley Parkway,
Buffalo, New York 14220, to the position of Laborer I, Seasonal, at the flat
starting salary of $5.98 hour.
Appointment effective June 1, 1993 in the Department of Audit & Control,
Division of Accounting, Cynthia Guido, 221 Villa Avenue, Buffalo NY 14216, to
the position of Junior Data Control Clerk, Temporary, at the minimum starting
salary of $ 18,900.
Appointment effective May 20, 1993 in the Department of Audit & Control,
Division of Accounting, Frank M. Panaro, 776 Richmond Avenue, Buffalo, NY 14222
to the position of Junior Data Control Clerk, Temporary, at the minimum
starting salary of $18,900.
FROM THE DEPARTMENT OF ASSESSMENT
Appointment effective May 17, 1993, in the Department of Assessment
Gerald E. Murphy, 79 Marine Drive Apt. 5F Buffalo, N.Y. 14202 to the position
of Account Clerk, Permanent, at the minimum starting salary of $19,346.
FROM THE DEPARTMENT OF PUBLIC WORKS
Appointment effective May 10, 1993 in the Department of Public
Works, Division of Water, Scott O'Connell, 340 Cumberland Avenue, Buffalo,
14220 to the position of Water Service Worker, Seasonal, at the flat starting
salary of $ 6.02/Hr.
Appointment effective May 10, 1993 in the Department of Public Works,
Division of Water, Ronald J. Slomba, Jr., 60 Britt Avenue, Buffalo, 14220, to
the position of Meter Reader, Permanent, at the minimum starting salary of $
19,877.
Appointment effective May 17, 1993 in the Department of Public Works,
Division of Water, John T. Colangelo, 29 Whitehall Avenue Buffalo, 14220, to
the position of Truck Driver, Temporary, at the minimum starting salary of
$20,390.
Appointment effective May 10, 1993 in the Department of Public Works,
Division of Water, to the position of Machine Operator-Water, Provisional, at
the minimum starting salary of $ 20,605.
Patrick T. Caetano, 11 South Street, Buffalo, 14204
Thomas M. Huthmacher, 88 Kentucky Street, Buffalo, 14204
Appointment effective 5/17/93 in the Department of Public Works, Division
of Engineering, Michael Roche, 59 Britt Ave., Buffalo, NY 14220, to the
position of Junior Engineer, Permanent, at the minimum starting salary of $
25,394.
Appointment effective May 17, 1993 in the Department of Public Works,
Division of Buildings, Russell A. Mott, 170 Congress Street, Buffalo 14213, to
the position of Supervisor of Painting II, Permanent, at the minimum starting
salary of $25,425.
FROM THE DEPARTMENT OF PARKS
Appointment effective May 6,1993 in the Department of Parks, Division
of Parks, John Lyons, 29 Wright Avenue, Buffalo 14215, to the position of
Laborer II, Seasonal, at the flat starting salary of $ 6.65 hour.
Appointment effective May 7,1993 in the Department of Parks, Division of
Parks, Robert Griffin, 77 Kimberly, Buffalo 14220 to the position of Laborer
II, Seasonal, at the flat starting salary of $6.65 hour.
FROM THE DEPARTMENT OF FIRE
Appointment effective 5/10/93 in the Department of Fire to the
position of Firefighter, Permanent, at the minimum starting salary of $25,060.
Charles J. Andolina III, 97 Cheltenham Dr., Buffalo, N.Y. 14216
Steven Benton, 260 Davidson Ave., Buffalo, New York 14215
Dwayne L. Cathcart, 89 Johnson St., Buffalo, N.Y. 14212
Daniel M. Flaherty, 325 Southside Pkwy., Buffalo, N.Y. 14220
Kevin L. Hairston, 588 Norfolk Ave., Buffalo, N.Y. 14215
Bryan M. Herring, 122 Brunswick Blvd., Buffalo, N.Y. 14208
Scott R. Jeziorski, 48 Humason Ave., Buffalo, N.Y. 14211
Jamie A. Luthringer, 32 Pritchard St., Buffalo, N.Y. 14210
David C. Manuella, 54 Moreland St., Buffalo, N.Y. 14206
Christopher J. Mullen, 14 Pritchard St., Buffalo, N.Y. 14210
Gregory T. Navel, 698 7th St., Buffalo, N.Y. 14213
Ronaldo Parker, 480 Cambridge Ave., Buffalo, N.Y. 14215
Brian J. Pilecki, 31 Harding Rd., Buffalo, N.Y. 14220
Michael L. Seguia, 60 Pomona Pl., Buffalo, N.Y. 14210
James P. Shea Jr., 135 Wilkes Ave., Buffalo, N.Y. 14215
James E. Stanton, 1797 Niagara St., Buffalo, N.Y. 14207
Michael Wade, 44 Remington Pl., Buffalo, N.Y. 14210
Mario Wallace, 330 Martha Ave., Buffalo, N.Y. 14215
Christopher E. Whitmer, 41 Crowley St., Buffalo, N.Y. 14207
FROM THE DEPARTMENT OF STREET SANITATION
Appointment effective May 10, 1993 in the Department of Street
Sanitation, David J. Maloney, Jr., 21 Mumford, Buffalo, New York 14220, to the
position of Laborer II, Seasonal at the flat starting salary of $6.65 hr.
Appointment effective May 17, 1993 in the Department of Street
Sanitation, to the position of Laborer II, Seasonal, at the flat starting
salary of $6.65 per hr.
John J. Miceli, 410 Massachusetts, Buffalo, New York 14213
James E. Dempsey, 190 Melrose St., Buffalo, New York 14210
FROM THE DEPARTMENT OF GENERAL SERVICES
Appointment effective May 18, 1993 in the Department of General
Services, Division of Inventory & Stores, Patricia Pinelli, 47 Lilac St,
Buffalo, 14220, to the position of Laborer II, Seasonal, at the flat starting
salary of $6.65/Hr.
NON-OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES
NON-OFFICIAL COMMUNICATIONS
No. 79
JACK ATKINS
Withdraw Rezoning Petition
520-560 Dorrance Avenue
This will confirm your telephone conversation with my legal assistant
that we wish to withdraw our petition for the rezoning of the above-captioned
property.
I understand that you will appear before the Planning Board tomorrow
morning and before the Common Council tomorrow afternoon and advise them
accordingly.
Thank you for your assistance in this matter.
RECEIVED AND FILED.
No. 80
BUFFALO CABLE ACCESS MEDIA
A proposal on the operation of Public and Education Access Television
and the future of community communications in Buffalo.
In preparation for franchise renewal between the City of Buffalo and TCI
of New York, Inc., BCAM is requesting its proposal on the operation of Public
and Education Access and the future of community communications be given
consideration for inclusion in the new franchise agreement.
The proposal requests the City of Buffalo increase operating and capital
funding in accordance with BCAM'S expanded mission and organizational
structure. This will allow BCAM to manage:
1 Public and Education Access
2. operation of the master control system for playback of
Public and Education Access programming, and
3. development and implementation of facilitated
neighborhood productions.
Additionally, BCAM requests that TCI donate the 101 LaSalle Street
building to the City of Buffalo and make available $372,000 for construction of
an addition to the building to house both Public and Education Access
operations.
BCAM looks forward to discussions with the City regarding its proposal
and welcomes feedback to ensure that concerns and issues are properly
addressed.
REFERRED TO THE SPECIAL COMMITTEE ON CATV.
No. 81
CITIZENS ALLIANCE
Problem With Warranty Work 23 Mendola
On April 12th, we were notified by your office that two problems
existed at 23 Mendola Street from the contract work we ended last fall where
upon we made an immediate inspection. Respecting the owners wishes we could not
address the problem related to our warranty without the removal of siding.
Once your inspector convinced the owner of the fact, we removed the siding,
re-flashed the corner, tared and re-roof the affected section. Previously, we
had advised the owner that a leak might occur at this spot if flashing or tar
were not added. She did not want the aluminum siding removed. Once Terry
convinced her that the siding must be removed, we immediately scheduled the
work and finished the work on May 3rd.
Additionally, we indicated to the owner last fall unless a downspout
runner (or connecter) were added at the front west corner of her house we could
not warranty our mortar work. She did not want then nor now a 10 foot runner
there because of the problems it would present to children who play there. Our
sub-contractor has repaired the corner, and we sent the attached letter to the
owner that we would not further warranty our work at this place.
Our work has been done correctly and in immediate response to the
conditions of our warranty. We respectfully request reinstatement to your
program contract list.
REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT.
No. 82
CONVENTION AND VISITORS BUREAU
Favor Crossroad Arena
The Executive Committee of the Greater Buffalo Convention and
Visitors Bureau has approved the attached position statement regarding the
Crossroads Arena project.
As you will note, while we strongly endorse this project, our very
serious concern is that the City and County do not lose sight of their
obligations to the Buffalo Convention Center.
The Buffalo Convention Center is as vital to the community as the
Crossroads Arena and the issues of immediate capital improvement and long-term
capital needs of the Center cannot be made subordinate to the funding of the
Crossroads Arena.
The Buffalo Convention Center has been ignored capital improvements for
the past sixteen years and is in a deteriorating state. It is rapidly becoming
a non-competitive facility. Meanwhile, our hospitality industry is suffering
through its second consecutive serious year of decline and needs every
marketing asset it can get.
I hope you will review our statement carefully, mindful of the fact that
the Buffalo Convention Center's present and future capital needs must be
addressed in any funding proposal involving allocation of the Erie County room
tax proceeds.
REFERRED TO THE STADIUM & AUDITORIUM TASK FORCE.
No. 83
Withdraw Appeal of Preservation Board
Please be advised that Louis Fumerelle, Petitioner, hereby withdraws
his Notice of Appeal of he decision of the Buffalo Preservation Board dated
April 16, 1993.
Kindly mark your records accordingly.
RECEIVED AND FILED.
No. 84
NATIONAL SAFETY SUPPLY CO.
Offer to Purchase 992-994 E. Ferry
Our company is interested in purchasing properties located at
992 East Ferry Street and 994 East Ferry Street. Currently, 992 East Ferry
Street is a vacant lot and 994 East Ferry Street is being used as a cab garage.
The property at 994 East Ferry Street is a fire hazard. The roof is rotted
out and rain water runs on all of the electrical wiring. This could cause a
fire at anytime. This building needs to be completely re-wired as well as a new
roof. The land must also be tested for toxic chemicals and any type of
hazardous tanks underground.
We would like to totally remodel this property, both inside and out,
turning it into a five family apartment building. Located on the first floor
will be a warehouse or we will let the present tenants stay and use the space.
There will be two apartments located on both the second and third floors. We
will also add a parking lot to the side of the building for the first floor
tenants and build a fenced in playground for the children to play in.
These improvements would make this property an asset to the community by
helping to beautify the neighborhood.
REFERRED TO THE COMMITTEE ON FINANCE, THE COMPTROLLER AND THE CORPORATION
COUNSEL.
No. 85
NATIONAL SAFETY SUPPLY CO.
Offer To Purchase 141 & 147 Leslie
Our company is interested in purchasing two properties. The properties
are located at 141 Leslie Street and at 147 Leslie Street.
Currently, the property at 141 Leslie Street is a three car garage and
147 Leslie Street is a burned out brick building. Both buildings are slated
for demolition by the City of Buffalo. These locations have had very serious
problems including but not limited to; trash, old tires and debris being dumped
at the sites. They are also fire hazards because neither building has a roof
and rain water is running all over. In total, these items make both of these
buildings a liability for the neighborhood. They are in extremely poor
condition and look very bad.
These properties were in fires and are badly in need of a new roof,
re-wiring and the land must be tested for toxic chemicals and hazardous waste
tanks underground.
Upon purchasing these properties we would totally remodel them, both
inside and outs using them for either a warehouse or a garage. It is our
intention to beautify the neighborhood thus making these properties an asset to
the community.
REFERRED TO THE COMMITTEE ON FINANCE, THE COMPTROLLER AND THE CORPORATION
COUNSEL.
No. 86
NYS DEPT. OF ENVIRONMENTAL CONSERVATION
Illegal Dumping Starin/Taunton
This is in response to your letter of April 28, 1993 wherein you
forwarded two Common Council resolutions for our review and comment.
With regard to Item #183, "Dumping of Debris on NFTA Property,
Starin/Taunton", the disposal of solid waste is regulated by this Department
under our Part 360 Solid Waste Management Facility Regulations. These
regulations do allow the disposal of clean concrete, brick, and soil without a
Department permit. However, the disposal of other solid waste, such as wood
and glass, must occur in a Department permitted facility. We will conduct an
inspection of the subject property to determine the nature of the fill being
placed and the need for any Departmental permits.
Relative to Item #186 "Oppose garbage transfer station on the Buffalo
River", Integrated Waste Services has formally requested that their application
for a Department permit for the transfer station be withdrawn. Therefore, we
have ceased processing their permit application for the proposed transfer
station.
Should you have questions regarding either of the above responses, feel
free to contact this office at 851-7220.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 87
NYS DEPARTMENT OF HEALTH
Acknowledgement of Council Support For S. Sharma Center
Thank you for forwarding the resolution of the Council of the
City of Buffalo supporting the approval of the Sushil Sharma Diagnostic and
Treatment Center. The resolution will be made known to all reviewers.
This project has been recommended for approval by Department staff and is
scheduled for action by the State Hospital Review and Planning Council at its
June 3, 1993 meeting and the Public Health Council at its June 25, 1993
meeting.
Thank you again for your support.
RECEIVED AND FILED.
No. 88
NYS DEPARTMENT OF STATE
Governor's Income Tax For Property Tax Proposal
Enclosed please find information (press release, program bill
and Q & A's) relevant to the Governor's Income Tax for Property Tax proposal.
The proposal will be reviewed at a Real Property Tax Relief Forum that
will be held on Wednesday, May 19th at 6:00 pm. at the Mahoney State Office
Building, 65 Court Street, Hearing Room Part I located on the Main Floor.
Secretary of State Gail Shaffer and Neil Foley, Special Assistant to the
Governor for Education will conduct the forum. Interested individuals are being
encouraged to participate and offer comments.
As you can see from the enclosed information, the City of Buffalo may
participate on its own with special legislation similar to Yonkers and New York
City or through a county wide (geographically not governmentally) program as
outlined in the package.
REFERRED TO THE SPECIAL COMMITTEE ON EDUCATION.
No. 89
SHEA' BUFFALO CENTER FOR THE PERFORMING ARTS
Oppose 5% User Fee on Tickets
I am writing to express my concern about the proposed 5% user
fee that, would be assessed on tickets sold in city owned venues. It is the
opinion of the management and Board of Trustees of Shea's Buffalo that the
imposition of this user fee will have a negative impact on our ability to
continue to maintain the level of our paid attendance. This season our paid
attendance will total approximately 240,000 patrons. This level of attendance
keeps us financially viable and positively affects many restaurants, parking
establishments and other businesses in Buffalo's Downtown Theatre District.
I ask you to consider the following:
We are currently assessing a $.50 restoration fee on tickets sold, with
the exception of lower ticket price children's shows and organ concerts.
Approximately $35,000 will be raised this year, the majority of which is being
used to help fund our Architectural Feasibility Study. Future fees collected
will help fund our financial feasibility study and other smaller restoration
projects.
The imposition of a 5% user fee on venues such as Shea's Buffalo, will
put us at a competitive disadvantage with other downtown non-city owned
facilities, such as Studio Arena. It will also put us in a position of serious
competitive disadvantage with suburban venues such as Melody Fair, The Niagara
Falls convention Center and the Amherst performing Arts center, which will be
operational for the 1993/94 season.
The imposition of a 5% user fee on tickets sold will have a negative
impact on our burgeoning Broadway subscription program, which from its
beginning five years ago now totals almost 25,000 seats. By pre-selling this
many seats, we are able to bank over $650,000 before the season opens and use
these funds as working capital for our Broadway season. Without a Broadway
season, Shea's Buffalo would not be able to provide a variety of entertainment.
Our Broadway season draws almost 100,000 patrons.
A 5% user fee, while it may appear to be insignificant, is substantial
when assessed against a subscriber. Our Broadway subscriber will pay $171.50
for a five performance package in 1993/94. If the average subscription is two
packages, the total price is $343. An additional 5% on top of this is $17.15.
Certain acts and producers have indicated to us that if the city imposes
a 5% user fee, they may avoid the city and go into venues outside the city
limits or avoid Western New York altogether. One such producer is VEE
corporation, with whom we partner the very profitable Sesame Street Live.
Without this performance to help fund our operations, we will have to consider
reducing our staff. The reduction in staff will mean that we will have to look
at our entire programming model and consider reducing our staff even further to
the point where we would revert to being a rental house. This will mean a
considerable reduction in the number of events at Shea's. paid attendance for
1986/87, the last season we were primarily a rental house, was 151,000 patrons.
The adjacent businesses; restaurants, clubs and parking lots thrive when
Shea's has performances. Several restaurants indicated to us that more than
25% of their total business is a result of Shea's ticket patrons.
In summary, the initial assumption of "new revenue" may be very
erroneous. Further economic analysis, as outlined above, strongly indicate a
potential for serious, permanent negative consequences. Those consequences
could easily outweigh the "new revenue."
We are prepared to visit with you and discuss our concerns in more
detail. We ask that you reconsider the imposition of the proposed 5% user fee.
We have some alternative suggestions that we would like to propose.
Thank you for you consideration.
RECEIVED AND FILED.
AYES- AMOS, ARTHUR, BAKOS, BELL, COLLINS, COPPOLA, FAHEY, FRANCZYK, HIGGINS,
LOTEMPIO, PERLA, ZUCHLEWSKI- 12.
NOES- PITTS- 1.
No. 90
PAT SMITH
Problems With Durant Field
The Houston and Koester Streets Community Group wishes this letter
to be presented to a Committee to resolve ten years of ongoing problems of one
kind or another connected with Durant Field located in South Buffalo.
In 1983, this field was established as a ball diamond and playground
area.
Many problems arose here for residents and homeowners as this area proved
too close to private properties for such activities to be conducted here.
Our Community Group has a file spanning these ten years of Durant Field
that show what we have endeavored to do through petition, letters, etc., to
seek resolution and have homeowners rights to peace and privacy and protection
of our properties restored to us.
Our Community Group felt that a compromise of keeping the playground area
for younger children and homesteading the remaining area was the best solution.
The older children have many good parks in this area to play ball.
Interested homeowners have asked the City for this right to homestead and
beautify this area to insure that past problems will not return here. We are
not a slum area, but responsible homeowners, who will and do keep our
properties in good order.
We cannot allow organized sports to be brought back here as some wish it
to.
Allowing this area just to be left open to public access continues to
cause problems and more so, as summer approaches.
An evaluation of our past petitions and letters to the City will show our
just cause for this position.
Last Fall, Commissioner Schollard, requested and accepted our petition to
homestead.
Interested homeowners complied with his request for copies of their deeds
and current tax status. Some wrote him personal letters why they wished to
homestead and agreed to comply with conditions he felt would insure good
appearance of this area.
We have never received a written acknowledgement or phone call to this
date from him to this petition.
I wrote him in April and made two phone calls to his office and still
have not received any indication of his decision to help this community.
Even common courtesy would have dictated a reply to such an effort from
that many homeowners.
I don't believe anyone giving this letter consideration would want their
rights to peace and privacy and protection of their properties denied to them
as long as they have had to endure.
The file we hope to present, will, I feel, show just cause for our asking
the Common Council to help us to finally resolve this situation after so many
years.
REFERRED TO THE COMMITTEE ON LEGISLATION AND THE COMMISSIONER OF PARKS.
No. 91
MARY WATTS
Cancel Trash Removal Costs 140 Box Ave.
I am the owner of the property at 140 Box Avenue. There have
been trash put on the lot (142 Box) and sometime in front of the house that I
did not put there. The house been vacant for years I have received a bill for
$224.39 for removal of trash that I did not put there.
Mr. Emmons went to court in my behalf. The ruling were Not Guilty. He
has been very helpful in trying to help get the problem resolved. But I am told
by James Pajak that this bill still has to be paid if not legal action may be
taken.
I appreciate if you could get this account waived. Mr. Emmons have
copies in his office.
Thank you for any help you can give.
REFERRED TO THE COMMITTEE ON FINANCE, THE COMMISSIONER OF ASSESSMENT AND THE
COMMISSIONER OF STREET SANITATION.
PETITIONS
No. 92
Holy Name Roman Catholic Church, owner, petition to use 228 Brinkman for a
halfway house.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD,
AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT.
No. 93
S. Morreale and Others oppose rezoning of 520-560 Dorrance from R-2 to C-2.
RECEIVED AND FILED.
REGULAR COMMITTEES
CLAIMS
HON. BRIAN M. HIGGINS
CHAIRMAN
No. 94
Claims Committee Report
Compromise and Settlement of
Actions For Personal Injury
That, upon the recommendation of the Corporation Counsel, the
following actions for personal injury arising out of alleged negligence on the
part of the City, be compromised and settled:
A 1. Booker Edgerson and Richard G. Collins, Esq.
As Attorney $7,500.00
A 2. Frank J. and Mary Faraci and Anthony P.
Diamond, Esq., As Attorney $7,000.00
A 3. Eugene French, M.D., and Glenn Edward Murray, Esq.
As Attorney $5,500.00
A 4. Jeffrey S. Gritsavage and Snyder & Michalski
As Attorneys $1,800.00
A 5. Fanny Harris $7,500.00
A 6. Detrel M. Howell and David Gerald Jay, Esq.
As Attorney $1,500.00
A 7. Darnell Lloyd $750.00
A 8. Joseph Setlock and Norine Setlock and Lipsitz, Green,
Fahringer, Roll, Salisbury & Cambria
As Attorneys $9,500.00
A 9. Carlton Washington and David Gerald Jay, Esq.
As Attorney $6,000.00
That checks be drawn on the account of 81-2 General City Charges
100-812-000-00-809 Judgment and Claims Prior Years, payable to the respective
claimants or plaintiffs and their attorneys, if any, hereinabove named, in the
amounts set opposite their names and delivered to them upon execution and
delivery to the Corporation Counsel of proper releases and closing papers.
PASSED.
AYES- 13 NOES- 0.
No. 95
Property Damage
That upon the recommendation of the Corporation Counsel, and the
appropriate City Department, the following actions and claims for damage to
property caused by alleged negligence on the part of the City be compromised
and settled:
B 1. John Augustine
Claim for damage to a 1992 Volkswagen at 71 Livingston Street. A blue recycling
box was accidentally dropped on the vehicle damaging it. There is no Insurance
Company involved in the settlement of this claim. $540.00
B 2. Greg A. Globus
Claim for damage to a 1989 Nissan while it was being towed by the City to the
Impound Garage on Tonawanda Street. There is no Insurance Company involved in
the settlement of this claim.
$115.90
B 3. Edgar R. Jones
Claim for damage to a 1983 Ford Truck on Monroe Street. City crews were
picking up tires and one of the tires fell out damaging the truck. There is no
Insurance Company involved in the settlement of this claim.
$301.82
B 4. Ramon Milkie and Royal Insurance Company A/S/O
Subrogation claim for damage to a 1988 Oldsmobile on Amherst Street by a stone
which was propelled by a lawnmower striking the vehicle's window breaking it.
$231.28
B 5. Marvella Nizialek
Claim for a broken windshield of a parked 1983 Cadillac at 262 Esser Avenue. A
Street Sanitation worker slipped on the ice and a bag of garbage flew in the
air landing on the vehicle breaking the windshield. There is no Insurance
Company involved in the settlement of this claim. $235.46
B 6. Ian J. Tinson and ITT Hartford Insurance Company A/S/O
Subrogation claim for damage to a 1992 Geo Prizm automobile while it was in the
care, custody and control of the City of Buffalo at the Tonawanda Street
Impound Garage. $1,409.42
B 7. John G. Smith, Richard Rychnowski, Edward Flaherty & Henry Budny
The following (4) claims are from Division of Water employees for damage to
their vehicles in the Parking area at the Colonel Ward Pumping Station on
Porter Avenue. A massive amount of snow slid off the roof onto the vehicles
causing extensive damage. There are no Insurance Companies involved in the
settlement of these claims.
a. John G. Smith, $833.39
b. Richard Rychnowski $1,114.62
c. Edward Flaherty $802.22
d. Henry Budny $463.54
That checks be drawn on the account of 81-2 General City Charges
100-812-000-00-809 Judgment and Claims Prior Years, payable to the respective
claimants or plaintiffs and their attorneys, if any, hereinabove named, in the
amounts set opposite their names and delivered to them upon execution and
delivery to the Corporation Counsel of proper releases where such releases are
indicated.
PASSED.
AYES- 13 NOES- 0.
No. 96
Miscellaneous
That, upon the recommendation of the Corporation Counsel and the
appropriate City Department, the following claim be paid:
C 1. John Fronczak
Claim seeking a refund for excessive water charges paid for the period of
April, 1989 through October, 1990 for property located at 339-341 Rhode Island
Street. There is no Insurance Company involved in the settlement of this
claim. $ 1,800.00
That checks be drawn on the account of 81-2 General City Charges
100-812-000-00-809 Judgment and Claims Prior Years, payable to the respective
claimants and their attorneys, if any, in the amount set opposite their names,
respectively, and delivered to them upon execution and delivery to the
Corporation Counsel of the proper releases where such releases are indicated.
PASSED.
AYES- 13 NOES- 0.
No. 97
Miscellaneous Refund
That, upon the recommendation of the Corporation Counsel and the
appropriate City Department, the following claim be paid:
D 1. St. Bartholomew's Church
Claim for a refund of an unused Bingo License due to the cancellation of
sixteen Bingo occasions on License #982. St. Bartholomew's Church closed after
January 1993.
$100.00
There is no Insurance Company involved in the settlement of this claim.
That checks be drawn on the account of 81-2 General City Charges
100-812-000-00-809 Judgment and Claims Prior Years, payable to the respective
claimants and their attorneys, if any, in the amount set opposite their names,
respectively, and delivered to them upon execution and delivery to the
Corporation Counsel of the proper releases where such releases are indicated.
PASSED.
AYES- 13 NOES- 0.
No. 98
Miscellaneous Auto Allowance
That, upon the recommendation of the Corporation Counsel and the
appropriate City Department, the following claim be paid:
E 1. J. Gary Rogers
Claim for prior fiscal year Auto Allowance for April, May and June 1992 to
claimant, who at the time was employed as Director of the Division of Community
Revitalization. $333.00
There is no Insurance Company involved in this claim.
That checks be drawn on the account of 81-2 General City Charges Fund No.
81300809 Judgment and Claims Prior Years, payable to the respective claimants
or plaintiffs and their attorneys, hereinabove named, in the amounts set
opposite their names and delivered to them upon the delivery of the proper
releases where indicated.
PASSED.
AYES- 13 NOES- 0.
No. 99
Miscellaneous Invoice
That, upon the recommendation of the Corporation Counsel and the
appropriate City Department, the following claims be paid:
F 1. Dr. Louis Antonucci
Claim for services rendered to Firefighter, Mark Swannie, who was injured on
duty and required medical treatment in a prior fiscal year.
$139.48
F 2. Buffalo Columbus Hospital
Claim for services rendered to Police Lt., Michael Manzella, who was injured on
duty and required medical treatment in a prior fiscal year.
$124.00
F 3. City of Buffalo Division of Water
Claim for payment of a prior fiscal year water bill for City owned property at
37 Sherman Street. $596.92
F 4. Donald P. Douglas, M.D.
Claim for payment of prior fiscal year invoices for Firefighters, Robert
Lunghino and John Victor who were injured on duty and required medical
treatment. $127.40
F 5. Erie County Medical Center
Claim for payment of prior fiscal year invoices for Firefighter, Willie Broadus
and Police Officers Cariol Holloman and Gerald Smith who were injured on duty
and required medical treatment.
$279.50
F 6. Kenmore-Tonawanda Medical
Claim for payment of a prior fiscal year invoice for Police Officer, Jacqueline
Sullivan who was injured on duty and required medical treatment.
$ 31.82
F 7. Kenmore Mercy Hospital
Claim for payment of a prior fiscal year invoice for Police Officer, Jacqueline
Sullivan who was injured on duty and required medical treatment.
$182.01
F 8. Theodore H. Lang, Arbitrator
Claim for services rendered to the Division of Labor Relations in the previous
fiscal year for an arbitrator with the Police and Fire Unions and the City.
$400.00
F 9. O'Shea, Reynolds, Napier, Cummings & Kirby
Claim for services rendered to the Department of Law in a prior fiscal year in
the matter of Joseph vs. The City of Buffalo.
$ 6,992.76
F 10. Our Lady of Victory Hospital
Claim for services rendered to Police Officer Thomas Pustulka who was injured
on duty and required medical treatment in a prior fiscal year.
$4,167.27
F 11. Schuele & Company
Claim for payment of part of an invoice which was not paid during the previous
fiscal year. Due to a typographical error, the correct prices were not listed
in the voucher and the company was not paid the total amount due.
$413.00
F 12. Southtowns Physical Therapy Group
Claim for payment of a prior fiscal year invoice for Police Lt., Albert Damiani
who was injured on duty and required medical treatment.
$119.40
F 13. Stritt & Priebe, Inc.
Claim for payment of a prior fiscal year invoice for services rendered to the
Division of Water at the Colonel Ward Pumping Station.
$ 1,063.34
F 14. VGC Corporation
Claim for services rendered to the Police Department in a prior fiscal year.
$ $138.00
F 15. Western New York Ambulatory Services
Claim for services rendered to Police Officer Raymond Wrafter who was injured
on duty and required medical treatment in a prior fiscal year.
$176.00
F 16. Xerox Corporation
Claim for services rendered to the Police Department for meter usage in a prior
fiscal year. $195.85
F 17. Zenith Data Systems
Claim for payment of a prior fiscal year invoice for services rendered to Data
Processing. $338.00
F 18. Chicorp Financial Services
Claim for payment of a prior fiscal year invoice for a monthly lease payment
for (l) Unisys Finance Corporation Computer System in the Division of Treasury
for June 1991. $ 6,599.00
There are no insurance companies involved in the settlement of the above
claims.
That checks be drawn on the account of 81-2 General City Charges
100-812-000-00-809 Judgment and Claims Prior Years, payable to the respective
claimants and their attorneys, if any, in the amount set opposite their names,
respectively, and delivered to them upon execution and delivery to the
Corporation Counsel of the proper releases where such releases are indicated.
PASSED.
AYES- 13 NOES- 0.
No. 100
Report to the Claims Committee
That, upon the recommendation of the Common Council Claims Committee
the following claims be paid:
G 1. James and Patricia Conwall
Claim for forgiveness of interest assessment added to the 1992-1993 City Tax
bill because payment was not received by the City by the December 31, 1992
deadline for property at 144 Dundee Street.
$40.31
G 2. Diana Kepple
Claim for a 1992 Dodge Ram damaged by a snow plow operated by the City of
Buffalo on Maurice Street. $ 400.46
G 3. S. Loganathan, M.D.
Item No. 162, C.C.P., May 8, 1990
Claim for services rendered to Buffalo Firefighters between February 24, 1989
and March 28, 1990. Dr. Loganathan was covering for the late Dr. Carl E. Day
while he was out sick.
$ 1,200.00
There are no Insurance Companies involved in the above claims.
That checks be drawn on the account of 81-2 General City Charges
100-812-000-00-809 Judgment and Claims Prior Years, payable to the respective
claimants and their attorneys, if any, in the amount set opposite their names,
respectively, and delivered to them upon execution and delivery to the
Corporation Counsel of the proper releases where such releases are indicated.
PASSED.
AYES- 13 NOES- 0.
CIVIL SERVICE
HON. JAMES W. PITTS
CHAIRMAN
No. 101
Salary Ordinance Amendment//Accounting
(Item # 200 CCP Apr 13, 1993)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 102
Eligible List/Senior Accountant/Auditor
(Item # 66 CCP May 11, 1993)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 103
Salary Ordinance Amendment 21-0 Department of Fire
(Item No. 216, C.C.P., Apr. 27, 1993)
That the above item be, and the same hereby is, returned to the
Common Council without recommendation.
Mr. Pitts moved:
That the Salary Ordinance Amendment as contained in Item No. 216, C.C.P.,
April 27, 1993, be and the same hereby is approved.
PASSED.
AYES- 13 NOES- 0.
No. 104
Info - Salary Ordinance Amendment - R. Heisler
(Item No. 49, C.C.P., May 11, 1993)
That the above item be, and the same hereby is, returned to the
Common Council without recommendation.
Mr. Pitts moved:
That the above item be and the same is received and filed.
ADOPTED.
No. 105
Establish Personnel Department (A&F)
(Item # 120 CCP Apr 27, 1993)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 106
Abandon Summer Hours - Common Council Staff
(Item No. 195, C.C.P., Mar. 16, 1993)
That the above item be, and the same hereby is, returned to the
Common Council without recommendation.
Mr. Pitts moved:
That this Common Council establish a policy of abandoning "Summer Hours"
for employees of Councilmen and Councilwoman staff, Council staff, the City
Clerk, Deputy City Clerk; and
That this Common Council urge the, Mayor to establish a similar policy
for his exempt employees.
ADOPTED.
AYES- AMOS, BAKOS, BELL, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO, ZUCHLEWSKI- 8.
NOES ARTHUR, COLLINS, COPPOLA, PERLA, PITTS- 5.
No. 107
Appointment
Audit & Control/Systems Support Specialist
That Communication No 17 CCP Feb 16, 1993 be received and filed
and the Permanent appointment of Thomas M. Cavaretta stated above at the
Maximum salary $38,089.00 effective on Feb 1, 1993 is hereby approved.
PASSED.
AYES- 13 NOES- 0.
No. 108
Appointment
Audit & Control/Data Base Administrator
That Communication No 18 CCP Feb 16, 1993 be received and filed
and the Provisional appointment of Peter Barone stated above at the Maximum
salary $39,282.00 effective on Feb 4, 1993 is hereby approved.
PASSED.
AYES- 13 NOES- 0.
No. 109
Appointment
Audit & Control/Systems Analyst
That Communication No 33 CCP Mar 16, 1993 be received and filed
and the Provisional appointment of Marie-Therese Gallagher stated above at the
Intermediate salary $34,704.00 effective on Mar l, 1993 is hereby approved.
PASSED.
AYES- 13 NOES- 0.
No. 110
Appointment
Public Works/Senior Clerk
That Communication No 39 CCP May 11, 1993 be received and filed
and the Provisional appointment of Marilyn Cumming stated above at the
Intermediate salary $21,322.00 effective on May 3, 1993 is hereby approved.
PASSED.
AYES- 13 NOES- 0.
No. 111
Appointment
Public Works/Senior Rate Clerk
That Communication No 40 CCP May 11, 1993 be received and filed
and the Permanent appointment of Ellen M. Smith stated above at the
Intermediate salary $21,687.00 effective on May 3, 1993 is hereby approved.
PASSED.
AYES- 13 NOES- 0.
No. 112
Appointment
Public Works/Water Service Inspector
That Communication No 41 CCP May 11, 1993 be received and filed
and the Temporary appointment of Brian D. Lackie stated above at the Maximum
salary $22,815.00 effective on May 11, 1993 is hereby approved.
PASSED.
AYES- 13 NOES- 0.
No. 113
Appointment
Public Works/Painter
That Communication No 42 CCP May 11, 1993 be received and filed
and the Permanent appointment of Alfred Grassia stated above at the
Intermediate salary $23,126.00 effective on April 30, 1993 is hereby approved.
PASSED.
AYES- 13 NOES- 0.
No. 114
Appointment
Public Works/Building Code Specialist
That Communication No 43 CCP May 11, 1993 be received and filed
and the Provisional appointment of Richard L. Ogorek stated above at the
Intermediate salary $32,590.00 effective on May 3, 1993 is hereby approved.
PASSED.
AYES- 13 NOES- 0.
No. 115
Appointment
Public Works/Building Code Specialist
That Communication No 44 CCP May 11, 1993 be received and filed
and the Provisional appointment of Burke Glaser stated above at the Maximum
salary $35,085.00 effective on May 3, 1993 is hereby approved.
PASSED.
AYES- 13 NOES- 0.
No. 116
Appointment
Parks/Laborer II
That Communication No 46 CCP May 11, 1993 be received and filed
and the Temporary appointment of Timothy Favero stated above at the
Intermediate salary $9.62 P/H effective on April 29, 1993 is hereby approved.
PASSED.
AYES- 13 NOES- 0.
No. 117
Appointment
Police/Report Technician
That Communication No 48 CCP May 11, 1993 be received and filed
and the Provisional appointment of Delores M. Grzechowiak stated above at the
Intermediate salary $21,027.00 effective on April 26,1993 is hereby approved.
PASSED.
AYES- 13 NOES- 0.
No. 118
Appointment
Inspections & Community Revitalization/Combustion Inspector
That Communication No 61 CCP May 11, 1993 be received and filed
and the Provisional appointment of Patrick C. McNamara stated above at the
Maximum salary $32,051.00 effective on May 3, 1993 is hereby approved.
PASSED.
AYES- 13 NOES- 0.
No. 119
Appointment
Inspections & Community Revitalization/Building Inspector
That Communication No 62 CCP May 11, 1993 be received and filed
the Permanent appointment of Salvatore P. Galluzzo stated above at the Maximum
salary $32,057.00 effective on Mar 10, 1993 is hereby approve
PASSED.
AYES- 13 NOES- 0.
No. 120
Notices of Appointments (C.Clerk)
(Item # 73 CCP May 11, 1993)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
FINANCE
HON. DAVID A. COLLINS
CHAIRMAN
No. 121
Transfer of Funds - Division of Buildings - $300,000
(Item No. 163, C.C.P., May 11, 1993)
That the above item be, and the same hereby is, returned to the
Common Council without recommendation.
Mr. Collins moved:
That pursuant to section 42 of the Charter and the Certificate of the
Mayor and the Comptroller, the sum of $300,000 be and the same is hereby
transferred from the Capital Projects Fund - Division of Development -
Shakespeare-in the Park account and said sum is hereby reappropriated as set
forth in the above item.
PASSED.
AYES- AMOS, BAKOS, BELL, COLLINS, COPPOLA, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO,
PERLA, ZUCHLEWSKI- 11.
NOES- ARTHUR, PITTS- 2.
No. 122
Quarterly Budget Report (A&F)
(Item # 65 CCP May 11, 1993)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 123
Buffalo Softball/Oppose Increase In Diamond Fees
(Item # 76 CCP May 11, 1993)
That the above mentioned Item be and the same is hereby referred
to the Committee of the Whole.
Mr. Collins now moved that the above item be received and filed. Seconded by
Mr. Bell.
ADOPTED.
No. 124
Ordinance Amendment
Chapter 307 - Parking & Parking Lots
Item No. 40, C.C.P., 4/13/93
The Common Council of the City of Buffalo does hereby ordain as
follows:
That Section 307-11 of Chapter 307 of the Code of the City of Buffalo be
amended by adding thereto the following:
307.11. Schedule of fines and penalties.
A. The schedule of fines and penalties shall be as follows:
Violation Fine
Stopping Prohibitions:
Stopping prohibited at any time $15.00
Stopping prohibited during certain hours 15.00
Stopping prohibited from here to corner 15.00
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- 13 NOES- 0.
No. 125
Ordinance Amendment/Parking Violations (A&F)
(Item # 64 CCP May 11, 1993)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 126
Amendment to Consolidated Lease Agreement
Between City of Buffalo and Buffalo Civic Auto Ramps, Inc.
(Item No. 14, 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 moved:
That the Mayor be, and he hereby is authorized to execute an amendment to
the consolidated lease agreement ("Agreement") between the City of Buffalo
("City") and Buffalo Civic Auto Ramps, Inc. ("BCAR") such that the payment of
$350,000 by BCAR due to the City for fiscal 1993-1994 pursuant to the Agreement
be suspended, and that a payment in equal amount be made by BCAR to the City
from the proceeds of the operations by BCAR of the Gates Circle and Buffalo
General Ramps.
LOST.
AYES- COLLINS, COPPOLA, FAHEY FRANCZYK, HIGGINS, LOTEMPIO - 6.
NOES- AMOS, ARTHUR, BAKOS, BELL, PERLA, PITTS, ZUCHLEWSKI- 7.
No. 127
Solid Waste Contract Renewals
Terms and Conditions
(Item 38, C.C.P., 5/11/93)
That the above item be, and it hereby is, returned to the Common
Council without recommendation.
Mr. Collins moved:
That the above item, be and the same hereby is received and filed; and
That the Commissioner of Public Works be, and he hereby is, authorized to
enter into contract renewals with Occidental Chemical Corporation and
Integrated Waste Systems, Inc. for the disposal of waste, all under
substantially the same terms and conditions as set out in the communication
from the Commissioner of Public Works to the Common Council dated May 6, 1993
(Item 13, C.C.P., 5/11/93).
PASSED.
AYES AMOS, ARTHUR, BAKOS, BELL, COLLINS, COPPOLA, FRANCZYK, HIGGINS, LOTEMPIO,
PITTS, - 10.
NOES- FAHEY, PERLA, ZUCHLEWSKI- 3.
No. 128
Permission to Negotiate 383 High
(Item No. 10, C.C.P., May 11, 1993)
That the Comptroller be, and he hereby is authorized to negotiate
with Sylvia Williams, residing at 135 Rose Street, for the private sale of 383
High and report to this Honorable Body the results of such negotiations.
ADOPTED.
No. 129
Permission to Negotiate 1477 Jefferson
(Item No. 11, C.C.P., May 11, 1993)
That the Comptroller be, and he hereby is authorized to negotiate
with Mr. Herbert Bellamy on behalf of 1490 Enterprises, Inc. of 1490 Jefferson
Avenue, Buffalo, New York, for the private sale of 1477 Jefferson and report to
this Honorable Body the results of such negotiations.
ADOPTED.
No. 130
Permission to Negotiate 172 Myrtle
(Item No. 12, C.C.P., May 11, 1993)
That the Comptroller be, and he hereby is authorized to negotiate
with Pedro Dones, residing at 174 Myrtle Street, for the private sale of 172
Myrtle and report to this Honorable Body the results of such negotiations.
ADOPTED.
No. 131
Permission to Negotiate 180 Myrtle
(Item No. 13, C.C.P., May 11, 1993)
That the Comptroller be, and he hereby is authorized to negotiate
with Mr. Axel Diaz, residing at 178 Myrtle Street, for the private sale of 180
Myrtle and report to this Honorable Body the results of such negotiations.
ADOPTED.
No. 132
Permission to Negotiate 323 Northampton
(Item No. 14, C.C.P., May 11, 1993)
That the Comptroller be, and he hereby is authorized to negotiate
with Mr. James E. Lytch and Ms. Doris Massey, residing at 325 Northampton
Street, for the private sale of 323 Northampton and report to this Honorable
Body the results of such negotiations.
ADOPTED.
No. 133
Permission to Negotiate 492 Northampton
(Item No. 15, C.C.P., May 11, 1993)
That the Comptroller be, and he hereby is authorized to negotiate
with Steven Means, residing at
490 Northampton Street, for the private sale of 492 Northampton and report to
this Honorable Body the results of such negotiations.
ADOPTED.
No. 134
Permission to Negotiate 156 Orange
(Item No. 17, C.C.P., May 11, 1993)
That the Comptroller be, and he hereby is authorized to negotiate
with Mr. Herbert E. Holder, residing at 81 Orange Street, for the private sale
of 156 Orange Street and report to this Honorable Body the results of such
negotiations.
ADOPTED.
No. 135
Report of Bids - Foundation for
Shakespeare in Delaware Park
(Item No. 45, C.C.P., May 11, 1993)
That the above item be, and the same hereby is, returned to the
Common Council without recommendation.
Mr. Collins moved:
That the Commissioner of Public Works be, and he hereby is authorized to
award a contract for a Temporary Stage Structure and Towers for Shakespeare in
Delaware Park on May 7, 1993 to Feddington-Allen, the lowest responsible bidder
in the amount of $11,840.00, with said cost to be charged against the CPF
200-402-522 Division of Buildings.
PASSED.
AYES- AMOS, BAKOS, BELL, COLLINS, COPPOLA, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO,
PERLA, ZUCHLEWSKI- 11.
NOES- ARTHUR, PITTS- 2.
No. 136
Western New York Communications
Install Phone (Site #5 only)
(Item # 70 CCP Mar 2, 1993)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 137
Install Phones In ROW (PW)
(Item # 47 CCP Jan 19, 1993)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 138
Phones In ROW (CC)
(Item # 49 CCP Feb 16, 1993)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 139
Payphones In ROW (PW)
(Item # 35 CCP May 11, 1993)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 140
Status Of Animal Shelter (CD)
(Item # 53 CCP Apr 13, 1993)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 141
N. Greene & Others/Favor New Animal Shelter
(Item # 103 CCP Apr 13, 1993)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 142
Status Report/New Animal Shelter (Compt)
(Item #121 CCP Apr 13, 1993)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 143
Status Report/New Animal Shelter (PW)
(Item # 122 CCP Apr 13, 1993)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 144
NYS Compt/City Audit Thru 6/30/91
(Item # 95 CCP Mar 30, 1993)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 145
Request Information On State Audit
(Item # 77 CCP Apr 13, 1993)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
LEGISLATION
HON. ALFRED T. COPPOLA
CHAIRMAN
No. 146
Niagara Lutheran Home, Inc. - Petition to use
64 Hager for Laundry Room/Offices
(Item No. 85, C.C.P., May 11, 1993)
That after a public hearing before the Committee on Legislation
on May 18, 1993, the petition of Niagara Lutheran Home, Inc., owner, for
permission to use 64 Hager for laundry room/offices be and hereby is approved.
PASSED.
AYES- 13 NOES- 0.
No. 147
J. Atkins/Rezone 520 Dorrance/ Vehicle Parking (Hrg)
(Item # 86 CCP May 11, 1993)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 148
Violation of Landmark Designation
(Item No. 172, C.C.P., Apr. 27, 1993)
That this Common Council request the Secretary of the Landmark
and Preservation Board report to this Honorable Body if a request has been made
to alter the exterior of this landmark? When and who made such request? If
not, what steps does the Landmark and Preservation Board have at its disposal
to have this landmark restored to its original status?
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.
ADOPTED.
No. 149
Violation Landmark Designation/Buffalo Savings Bank (P.B.)
(Item # 3 CCP May 11, 1993)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 150
Encroach Handicap Ramp - 1989 Clinton Street
(Item No. 29, C.C.P., May 11, 1993)
That the Commissioner of Public Works be and he hereby is, authorized
to issue a "mere license" to Mr. James Sumner Yarrington, Architect, acting as
agent for First Federal Savings and Loan, 1989 Clinton Street, to install a
handicap ramp 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 ramp be installed exactly as shown on plans submitted to and
approved by the Department of Public Works, Division of Buildings.
3. That the ramp be constructed so as not to be permanent in nature.
4. 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
ramp.
PASSED.
AYES- 13 NOES- 0.
No. 151
Encroach Handicap Ramp - 151 Walden Avenue
(Item No. 30, C.C.P., May 11, 1993)
That the Commissioner of Public Works be and he hereby is, authorized
to issue a "mere license" to Mr. Mohammed Nagi, owner of Stop-N-Shop, located
at 151 Walden Avenue, to install a handicap ramp 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 ramp be installed exactly as shown on plans submitted to and
approved by the Department of Public Works, Division of Buildings.
3. That the ramp be constructed so as not to be permanent in nature.
4. 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
ramp.
PASSED.
AYES- 13 NOES- 0.
No. 152
Encroach Sidewalk Cafe - 395 Delaware Avenue
(Item No. 31, C.C.P., May 11, 1993)
That the Commissioner of Public Works be and he hereby is, authorized
to issue a "mere license" to Mr. Christian Vendetti, owner of Chris' N.Y.
Sandwich Co., located at 395 Delaware Avenue, to install a sidewalk cafe which
would encroach city right-of-way at said address, and permission to occupy the
portion of city right-of-way located between the sidewalk curb which measures
19 x 7 feet, 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 after installation of said cafe a minimum of 4 feet of unobstructed
public sidewalk exists.
4. That no portion of the sidewalk cafe be permanent in nature or
permanently affixed to the main building or public sidewalk.
5. That the sidewalk cafe be completely removed from city right of way from
November 15 to April l each year.
6. That the applicant be assessed the annual fee of $1.05 per square foot of
city right of way occupied by said sidewalk cafe as described in Chapter 413
Article IX Section 59 (Sidewalk Cafes) of the City Ordinances.
7. That the applicant supply the City of Buffalo with a five thousand dollar
($5,000) 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- 13 NOES- 0.
No. 153
Encroach Sidewalk Cafe - 537 Main Street
(Item No. 32, C.C.P., May 11, 1993)
That the Commissioner of Public Works be and he hereby is, authorized
to issue a "mere license" to Mr. Vince Allesandra, owner of Arby's Restaurant,
located at 537 Main Street, 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 50 feet in length or extend more
than 20 feet from the building face.
4. That no portion of the sidewalk cafe be permanent in nature or
permanently affixed to the main building or public sidewalk.
5. That the sidewalk cafe be completely removed from city right of way from
November 15 to April l each year.
6. That the applicant be assessed the annual fee of $1.05 per square foot of
city right of way occupied by said sidewalk cafe as described in Chapter 413
Article IX Section 59 (Sidewalk Cafes) of the City Ordinances.
7. That the applicant supply the City of Buffalo with a five thousand dollar
($5,000) 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- 13 NOES- 0.
No. 154
Encroachment - Awning 3102 Main Street
(Item No. 33, C.C.P., May 11, 1993)
That the Commissioner of Public Works be and he hereby is, authorized
to issue a "mere license" to Mr. Thomas Hunt, owner of Teddys Music & Books,
located at 3102 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- 13 NOES- 0.
No. 155
Encroachment - 700 Potomac Avenue
(Item No. 34, C.C.P., May 11, 1993)
That the Commissioner of Public Works be and he hereby is, authorized
to issue a "mere license" to Mr. Max Willig, Architect, acting as agent for Ms.
Frances M. O'Brien, owner of property located at 700 Potomac Avenue, to install
a porch 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 porch 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, and use and removal of
said porch.
PASSED.
AYES- 13 NOES- 0.
No. 156
Encroach Sidewalk Cafe - 268 Main Street
(Item No. 177, C.C.P., May 11, 1993)
That the Common Council approves the request for a permit to place
a sidewalk cafe at Hooligans Restaurant located at 268 Main Street; and
That the following conditions be met by Hooligans in constructing the
patio:
1. The deck shall be of wood.
2. Tables and chairs to be of white plastic with umbrellas.
3. The deck area shall conform with appropriate city ordinances and
conditions to allow for adequate pedestrian use of the sidewalk.
That this approval is subject to conditions and recommendations of the
Commissioner of Public Works and the City Planning Board.
PASSED.
AYES- 13 NOES- 0.
No. 157
Ordinance Amendment Chapter 12 - Code of Ethics
(Item No. 158, C.C.P., May 11, 1993)
That the Ordinance Amendment as contained in Item No. 158, C.C.P.,
May 11, 1993, be and the same hereby is approved.
PASSED.
AYES - AMOS, ARTHUR, BAKOS, BELL, COLLINS, COPPOLA, FRANCZYK, HIGGINS,
LOTEMPIO, PERLA, PITTS, ZUCHLEWSKI- 12.
NOES - FAHEY- 1.
No. 158
Ordinance Amendment Chapter 144 - Contractors
(Item No. 102, C.C.P., May 11, 1993)
That the above item be, and the same hereby is, returned to the
Common Council without recommendation.
Mr. Coppola now moved to receive and file the above item; Seconded by Mr.
Amos.
Mrs. LoTempio moved to amend and approve the ordinance amendment as
contained in Item No. 197, C.C.P., April 27, 1993; Seconded by Mr. bell.
PASSED.
AYES- AMOS, BAKOS, BELL, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO, PERLA, PITTS,
ZUCHLEWSKI - 10.
NOES- ARTHUR, COLLINS, COPPOLA- 3.
No. 159
Ordinance Amendment Chapter 263 - Licenses
(Item No. 204, C.C.P., Apr. 27, 1993)
That the above item be, and the same hereby is, returned to the
Common Council without recommendation.
Mr. Coppola moved:
That the Ordinance Amendment as contained in Item No. 204, C.C.P., April
27, 1993, be and hereby is approved.
PASSED.
AYES- AMOS, BAKOS, BELL, COLLINS, COPPOLA, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO,
PERLA, PITTS, ZUCHLEWSKI- 12.
NOES - ARTHUR- 1.
No. 160
H. Rosteing & Others/Favor Curfew
(Item # 102 CCP Apr 13, 1993)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 161
Minority Bar Association//Oppose Curfew Legislation
(Item # 85 CCP Apr 27, 1993)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 162
J. Luttrell/Oppose Curfew Ordinance
(Item # 81 CCP May 11, 1993)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 163
Towing Of Vehicles Driven By "Johns" (Police)
(Item # 47 CCP May 11, 1993)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 164
Towing Vehicles Driven By "John's" (A&F)
(Item # 63 CCP May 11, 1993)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 165
United States EPA/Report On Sevin
(Item # 101 CCP Apr 13, 1993)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 166
Pest Board/Comments On EPA Report/Sevin
(Item # 90 CCP Apr 27, 1993)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 167
Reply To Lead Testing Concerns (PW)
(Item # 37 CCP May 11, 1993)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 168
Substitute Teacher Handbook (Bd. Ed.)
(Item # 70 CCP Jan 19, 1993)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 169
Substitute Teacher Handbook (CC)
(Item # 51 CCP Feb 16, 1993)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 170
NYS Education department/Inspection Of Schools
(Item # 106 CCP Mar 16, 1993)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 171
NYSDOT/Cleaning Of Kensington Expressway
(Item # 83 CCP May 11, 1993)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 172
Oppose Transracial Adoption Legislation
(Item No. 179, C.C.P., Apr. 27, 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. 173
Oppose Garbage Transfer Station On River
(Item # 186 CCP Apr 27, 1993)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 174
Blind Association - Hang Banner - Niagara/Court
(Item No. 74, C.C.P., May 11, 1993)
That the Blind Association of WNY be and hereby is granted permission
to hang a banner at Niagara Square and Court Street from July 1, 1993 until
August 1, 1993 for the "Ride in Plain Sight" Bicycle Tour, subject to
conditions of the Commissioner of Public Works and the Corporation Counsel.
PASSED.
AYES- 13 NOES - 0.
No. 175
Group Ministries - Close Jefferson Avenue
(Item No. 79, C.C.P., May 11, 1993)
That the request of the Group Ministries for the closing of Jefferson
Avenue between Glenwood and East Utica on Saturday, May 29, 1993 between the
hours of 11:00 a.m. and 8:00 p.m., for a "Memorial Day Bar-B-Que Bash to be
Remembered" be and hereby is approved, on the condition that the area be
cleaned up after the event and subject to any other conditions and
recommendations of the Commissioner of Public Works and the Corporation
Counsel.
PASSED.
AYES- 13 NOES - 0.
No. 176
Reappointment of Member of Board of Parking
(Item No. 8, C.C.P., Mar. 30, 1993)
That the reappointment of member of the Board of Parking of Timothy
E. McGrath, 19 Chapin Parkway, Buffalo, 14209, for a term expiring March 31,
2000, be and hereby is confirmed.
ADOPTED.
No. 177
Appointment Members Commission Of Human Relations (Mayor)
(Item # 1 CCP May 11, 1993)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
RESOLUTIONS
No. 178
By: Mr. Amos
Agreement With the NFTA to Remove NFTA-owned Bridge on Main Street
In the Vicinity of the LaSalle Transit Station
Whereas, over the past several years there have been numerous
studies and analyses of the redevelopment potential of the vacant rail
rights-of-way on both sides of Main Street in the vicinity of the LaSalle
Station; and
Whereas, the removal of the 2 abandoned Conrail bridges and the raising
of Main Street to grade level, between Hertel Avenue and LaSalle Avenue, is
integral to any redevelopment efforts; and
Whereas, the NFTA purchased the southernmost bridge with the intention of
using it for a grade separated crossing for the Tonawanda Corridor Railbus at
some time in the future; and
Whereas, the City of Buffalo owns the other bridge right-of-way and land
to the north of the NFTA-owned bridge; and
Whereas, in 1987, the NFTA Board sought assurances from the City that
would hold the NFTA harmless from possible future incremental capital costs to
preserve this above-grade crossing of Main Street; and
Whereas, based on the findings of the NFTA's "Railbus Feasibility Study"
and the Board's current policy on rail extension, the NFTA's staff has recently
forwarded a recommendation to its Board that would amend the 1987 resolution to
include the lower cost at-grade crossing of Main Street as a possible
alternative; and
Whereas, the NFTA staff is further recommending to its Board that the
decision on a method for crossing Main Street is made in a fashion acceptable
to the NFTA, the City, and NYSDOT at the appropriate time; and
Whereas, there are no funds needed to implement this resolution.
Financial impacts will only be realized if through-service to Tonawanda is
implemented; and
Whereas, based on the NFTA's current fiscal realities, an extension is
not envisioned in the foreseeable future; and
Whereas, the funds needed to remove the bridges and reconstruct Main
Street right-of-way are immediately available through the NYS Transport ion
Bond Act of 1987.
Now, Therefore, Be It Resolved By the Common Council of the City of
Buffalo:
1. That the City of Buffalo hereby agrees to hold the NFTA harmless from any
incremental capital costs that are necessary to cross Main Street pursuant to a
method that is determined at the time of construction on a joint basis by the
City, the NFTA, and NYSDOT. All possible options will be considered at the
appropriate time, including at-grade as well as grade separated alternatives.
2. That any agreement with the NFTA includes such safeguards to the City of
Buffalo as shall be deemed necessary and appropriate by the Corporation
Counsel.
3. That the Mayor is hereby authorized to execute any and all contracts
necessary to implementing the removal of the subject bridge.
REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT.
No. 179
By: Messrs. Amos, Bell, Zuchlewski and Perla
Ordinance Amendment - Chapter 235
The Common Council of the City of Buffalo does hereby ordain as
follows:
Section 1.
That Article III caption and section headings be added to Chapter 235 to read
as follows:
Article III
Transportation of Waste Tires
235-13 Findings; purpose.
235-14 Definitions.
235-15 Local Transporter Permit Required.
235-16 Application for permit.
235-17 Issuance or denial of permit.
235-18 Revocation of permit.
235-19 Annual report; Display of permit.
235-20 Penalties for offenses.
Section 2.
That a new Article III be added to Chapter 235 to read as follows:
Article III
Transportation of Waste Tires
235-13 Findings; purpose.
The Common Council finds that the transportation of waste tires within
the City of Buffalo contributes to storage problems and the illegal dumping of
said tires thereby posing potential fire and environmental hazards. This
Article is enacted to protect the health, safety and welfare of citizens of the
City of Buffalo.
235-14 Definitions.
For the purposes of this Article, the following definitions shall apply:
"Waste tires" shall mean used tires, whether intended for reuse,
recycling or disposal.
"Local transporter permit" shall mean a local transporter permit issued
pursuant to Section 235-17.
235-15 Local Transporter Permit Required.
No person, firm or corporation shall transport more than four (4) waste
tires within the City of Buffalo without a local transporter permit as provided
in Section 235-17.
235-16 Application for permit.
A. An application for a local transporter permit shall be filed with the
Director of Licenses and Permits indicating the vehicle or vehicles and
equipment and any place of temporary storage used or to be used by the
applicant, and the place or places where and the manner in which the applicant
will finally dispose of the waste tires, and such other information as the
Director of Licenses and Permits, the Department of Police or the Department of
Fire deems necessary.
(1) The applicant shall before a permit is issued provide a surety bond in
the penal sum of fifty thousand dollars ($50,000.00), conditioned for
compliance with this Article and other applicable laws and ordinances, further,
said bond shall be forfeitable to the City of Buffalo for any fines imposed as
a result of violations of this Article, or costs incurred by the City of
Buffalo, including but not limited to payment of costs directly or indirectly
related to clean-up, storage or disposal of tires improperly transported by the
permit holder in violation of this Article or other applicable laws and
ordinances, such bond to be in a form and content acceptable to the Corporation
Counsel.
(2) A fee as provided in Chapter 175, Fees, shall be collected with each
application, and such fee shall be non-refundable.
235-17 Issuance or denial of permit.
A. Upon review and approval of the application by the Director of Licenses and
Permits, the Department of Police and the Department of Fire, the Director of
Licenses and Permits shall issue a local transporter permit.
B. Upon review and denial of the application, the Director of Licenses and
Permits shall issue a written statement to the applicant specifying the reasons
for the denial.
235-18 Revocation of permit.
A. A local transporter permit issued pursuant to 235-17 may be revoked by the
Director of Licenses and Permits for any one (l) or more of the following
reasons:
(1) Fraud, misrepresentation, or a false statement as to a material fact in
the application.
(2) A finding that the local transporter permit was issued in error and not
in accordance with applicable law.
(3) A violation of any of the provisions of this Article.
235-19 Annual report; display of permit.
A. Any person, firm or corporation granted a local transporter permit shall
make an annual report to the Director of Licenses and Permits, the Department
of Police, and the Department of Fire, indicating the location, number and type
of facilities where work has been performed involving the transportation of
waste tires, the volume and nature of waste tires that were transported, and
the place and manner in which such waste tires were finally disposed, and such
other information as the Director of Licenses and Permits, the Department of
Police or the Department of Fire may require.
B. Any person, firm or corporation granted a local transporter permit under
shall conspicuously display the permit number on the outside of every vehicle
involved in the transportation of waste tires. Further, a local transporter
permit shall be carried in any vehicle involved in the transportation of waste
tires.
235-20 Penalties for offenses.
A. Any person, firm or corporation who shall violate any of the provisions
of this Article shall be subject to a fine or penalty of not more than one
thousand five hundred dollars ($1,500.00) or by imprisonment for not more than
fifteen (15) days, or by both such fine and imprisonment, for each offense. The
penalties provided under the Article shall be in addition to those penalties
within Chapter 216, 216-11.
Approved As To Form.
Laurence K. Rubin
Corporation Counsel
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 180
By: Mr. Arthur
Installation of VitalChek Network
City Clerk/Registrar of Vital Statistics
Whereas, the City Clerk/Registrar of Vital Statistics is asked
to provide various vital documents to persons who may not be able to personally
come to the office; and
Whereas, from time to time persons paying for copies of these vital
records do so by personal checks which on occasion are returned for
insufficient funds; and
Whereas, many people who need documents in a hurry often pay for Federal
Express which can run up to $34.00; and
Whereas, Vital Chek Network offers a service at no charge to the City of
Buffalo whereby persons can request copies of documents, either in person or by
phone, and pay for same by using a VISA or MASTERCARD; and
Whereas, Vital Chek Network will install the system and provide training
at no charge and guarantees payment of fees to the City by means of a check
guaranteed of deposit; and
Now Therefore Be It Resolved, that the City Clerk is hereby authorized to
enter into an agreement with Vital Chek Network Inc. of Hermitage, Tennessee
for implementation of a certified funds transfer system.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 181
By: Messrs. Arthur, Pitts and Amos
Uniland Development of Block I
Whereas: On February 16, 1988 (CCP # 111) this Common Council approved
a Land Disposition Agreement for Block 1 Oak/Michigan Corridor with Uniland
Development Company Redeveloper; and
Whereas: The assessed value of Block #1 at the time of the transfer to
Uniland was $76,000; and
Whereas: On July 11, 1988 the Buffalo Urban Renewal Agency sold this parcel
for $28750 to Uniland; and
Whereas: Uniland informed this Honorable Body that it was going to build an
office building for an unnamed client; and
Whereas: Uniland, in effect, received $47,250 public grant as an incentive
to complete the project; and
Whereas: For reasons known only to Uniland, the unknown tenants did not
lease the building; and
Whereas: On March 3, 1991, Uniland sold the land and building to the Church
of Jesus Christ of the Latter-Day Saints for $925,000; and
Whereas: The Fist Amendment of the United States Constitution prohibits,
among other things, public funds being used to aid religious activities.
Consequently, section 570.200 (j) (1) of the CDBG regulations, in pertinent
part, read: "Constitutional prohibition. In accordance with the First
Amendment Church/State Principle, as a general rule, CDBG assistance may not be
used for any religious activities or provided to primarily religious entities
for any activities, including secular activities. The following restrictions
and limitations therefore apply to the use of CDBG funds. CDBG funds may not
be used for the acquisition of property ... to be used for religious purposes
or which will otherwise promote religious interests. This limitation includes
the acquisition of property for ownership by primarily religious entities..";
and
Whereas: Clearly, the Agency could not convey the subject premises, which
was purchased with government funds, to a religious entity; and
Whereas: Uniland did not inform the Common Council nor the B.U.R.A. of the
change nor did they ask for a change of the L.D.A or the Urban Renewal plan;
and
Whereas: Uniland improperly gained an unjust enrichment of some $47,250, the
difference between the 1988 fair market value and the purchase price.
Now, Therefore, Be It Resolved That:
This Common Council request the Corporation Counsel in conjunction with
the Council for the Buffalo Urban Renewal Agency to take any and all steps that
are necessary to recover the unjust enrichment of $47,250 plus interest, from
the Uniland Corporation; and
BE It Further Resolved That:
Corporation Counsel and the Council for the Agency, report to this
Honorable Body at its next stated meeting, what plan of action it intends to
pursue; and
Be It Finally Resolved That:
This Honorable Body requests the E.C.I.D.A. to investigate the use of
industrial revenue bonds in the construction of this building for any possible
violations.
REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT, THE COMMISSIONER OF
COMMUNITY DEVELOPMENT, BUFFALO URBAN RENEWAL AGENCY, THE CORPORATION COUNSEL
AND THE ERIE COUNTY INDUSTRIAL AGENCY.
No. 182
By: Messrs. Arthur, Amos and Collins
Memorialize New York State Legislature To Enact Enabling Legislation
Allowing Buffalo To Impose a Commuter Tax
Whereas: The City of Buffalo continues to face difficult financial
times and with the forecast for the future looking more and more difficult,
Buffalo should prepare now to have additional revenue producing options
available; and
Whereas: An option available to the City of Buffalo is an amendment to the
General City Law and the Tax Law which would give Buffalo the ability to impose
a commuter tax on nonresident persons, firms and corporations working or doing
business in the City and benefiting from the services provided by the city and
paid for by the taxpayers of this city; and
Whereas: To ease the burden on city residents, municipalities across the
country such as Philadelphia, New York City, Yonkers, and Cincinnati have
already imposed a commuter tax on nonresidents who work within their city; and
Whereas: A commuter tax could be withheld fray the pay checks of
nonresidents Who work in the City of Buffalo in both the public and private
sectors and, as with all local taxes, would be a federal income tax deduction;
and
Whereas: The purpose is to relieve the financial burden of the City of
Buffalo brought about by the constitutional limit to tax property and to
relieve the burden on city residents; and
Whereas: The time is flaw to protect our interests and a commuter tax would
help compensate the City for the cost of providing these nonresidents with city
services such as police overtime for special events and maintaining public
facilities used by county residents such as Kleinhans Music Hall, Pilot Field,
The Aud, and parks and roadways, just as city residents pay county taxes for
county services and to maintain public facilities such as Rich Stadium, parks
and roadways.
NOW, THEREFORE BE IT RESOLVED THAT:
This Honorable Body memorializes the New York Stats Legislature to pass
enabling legislation allowing the City of Buffalo to have the option to impose
a commuter tax on nonresidents, firms and corporations working or doing
business in the City of Buffalo; and
BE IT FURTHER RESOLVED THAT:
The City Clerk forward certified copies of this resolution to the
Governor, Clerk of the Assembly, Secretary of the Senate, and members of the
Western New York Delegation to the Legislature.
Mr. Collins moved to approve the above item; Seconded by Mr. Bell.
LOST.
AYES- ARTHUR, COLLINS, - 2.
NOES AMOS, BAKOS, BELL, COPPOLA, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO, PERLA,
PITTS, ZUCHLEWSKI- 11.
No. 183
By: Messrs. Arthur and Zuchlewski
Endorse City of Buffalo Labor- Management Quality Improvement
Committee Grant Application
Whereas: Representatives of labor and management in the City of
Buffalo have begun meeting to explore ways to improve the quality of services
to the public through shared responsibility and decision-making; and
Whereas: These meetings, begun under the auspices of an invitation from John
Scardino, President of AFSCME District Council 35, have resulted in the
formation of a working committee consisting of the Presidents of AFSCME Locals
264, 650 and 2651, District Council 35, the Common Council President, the
Director of Labor Relations, and the Comptroller; and
Whereas: This "Quality Improvement Committee" has received technical
assistance from Cornell University School of Industrial and Labor Relations;
and
Whereas: The Quality Improvement Committee wishes to begin to develop the
training and expertise to apply the principles of Total Quality Management to
various aspects of city services; and
Whereas: Grants are available from the Federal Mediation and Conciliation
Service to train and equip local government Quality Improvement Committees to
implement principles of shared decision-making and Total Quality Management;
and
Whereas: The deadline for such grant applications is June 4, 1993; and
Now, Therefore, Be It Resolved That:
This Council, as the Governing Body of the City of Buffalo, go on record
as endorsing the efforts of the Quality Improvement Committee; and
Be It Further Resolved That:
The Mayor be, and he hereby is, authorized to execute a grant application
to the Federal Management and Conciliation Service for a grant to further the
efforts of the Quality Improvement Committee.
ADOPTED.
No. 184
By: Messrs. Arthur, Bakos and Zuchlewski
City of Buffalo Initiate Legal Proceedings Against The State Of
New York To Amend The Public Officers Law
Whereas: Under the present New York Public Officers Law, Section
3, Qualifications for Holding Office, members of the uniformed police
department, fire department, and streets and sanitation departments are
exempted from any City residency requirements; and
Whereas: The present exemptions were inspired by war time and postwar
conditions when there was a shortage of qualified persons to fill these
positions; and
Whereas: These exemptions are no longer realistic, since whenever there is
an announcement for an examination for jobs in any of these departments,
thousands of individuals apply for the Civil Service examination to qualify for
the position, therefore showing there is no longer a shortage of qualified
persons to fill these positions; and
Whereas: Employees exempted by the Public Officers Law are among those
earning the highest in salaries and are migrating out of the city at an
alarming rate; and
Whereas: While this Common Council has memorialized the State Legislature
numerous times over the past twenty years to eliminate exemptions to municipal
employees requirements for all municipal employees presently under the New York
State Public Officers Law, the fact is the City of Buffalo has never been given
any real consideration from State Legislators to an amendment of the State Law;
and
Whereas: As recently as September 29, 1992 this Common Council memorialized
the State Legislature asking to be included in Assembly Bill A 5611-C which
would have amended the Public Officers Law for New York City; and
Whereas: Not only was the City of Buffalo never added to that Bill but when
a new Bill (A 1532 - A) was introduced to the Assembly January 21, 1993 which
attempts to amend the Public Officers Law in relation to authorizing the local
enactment of residency requirements for those exempted by the Public Officers
Law in municipalities with a population over one million, municipalities like
the City of Buffalo were excluded once again and this time because of
population size; and
Whereas: This Council believes these are some of the quantifiable benefits
of residency requirements for Buffalo:
1 - an increase in the number of middle income families in the city;
2 - municipal employees who reside in the community show a greater commitment
and a greater sense of pride in their employment and community;
3 - an increase in the need for new housing;
4 - an increase in owner occupied homes (therefore potentially reducing the
number of absentee landlords throughout the city);
5 - neighborhood businesses would experience an increase in business;
6 - more middle income families would have family reasons to care about the
school system;
7 - the Buffalo Police Department is moving toward community policing which
involves the integration of officers into their assigned communities. Police
Officers who reside in the City are more likely to know the varied communities
better;
8 - the rebirth to a depleting city tax base; and
Whereas: There could be recognition for those City employees who are
currently covered under the Public Officers Law that they be grandfathered in;
and
Whereas: The present economic status and the future of the City of Buffalo
should be heavily weighed when these decisions are addressed. Long term
effects of residency requirements can be very beneficial for the city.
NOW, THEREFORE BE IT RESOLVED THAT:
This Honorable Body takes the initiative to protect the interests of the
City of Buffalo and its future by directing the Corporation Counsel to begin
the necessary legal action against the State of New York to get an Amendment to
the Public Officers Law so that the City Of Buffalo can impose residency
requirements on all city employees; and
BE IT FURTHER RESOLVED THAT:
The City Clerk forward certified copies of this resolution to the
Governor, Clerk of the Assembly, Secretary of the Senate, and members of the
Western New York Delegation to the Legislature.
ADOPTED.
No. 185
By: Messrs. Arthur, Franczyk, Bell, Lotempio, Coppola, Pitts,
Bakos, Collins, Perla and Amos
Request For Raw Data Use In Recent
Buffalo News, Inc. Survey
Whereas: The Buffalo News, Inc. has published an unscientific survey,
supposedly gathering information from business leaders and community
organizations; and
Whereas: Many business leaders and community organizations have denied
participation in this so called survey; and
Whereas: It is the position of this Honorable Body that in the interest of
fairness, that the Buffalo News, Inc. should permit the Council or their
surrogates to examine this information; and
Whereas: Freedom of the press is something that's guaranteed under the
Constitution of the United States so long as it is reporting news; and
Whereas: In this instance, the News was manufactured by one individual in an
effort to demean members of this Honorable Body; and
Whereas: The Managing Editor of the Buffalo News, Inc. has stated that he
will not release the survey information.
Now, Therefore, Be It Resolved That:
This Common Council requests that under the Freedom of Information, that
the Managing Editor of the Buffalo News, Inc. file with the City Clerk of the
City of Buffalo any and all information pertaining to the survey results; and
Be It Further Resolved That:
If this information is not filed in time for the next stated meeting,
that we request the Corporation Counsel of the City of Buffalo, began to take
steps to have these survey results released.
ADOPTED.
AYES- AMOS, ARTHUR, BAKOS, COLLINS, COPPOLA, LOTEMPIO, PERLA, PITTS, - 8.
NOES- BELL, FAHEY, FRANCZYK, HIGGINS, ZUCHLEWSKI- 5.
No. 186
By: Messrs. Arthur, Fahey, Franczyk, Bell, LoTempio, Coppola,
Pitts, Bakos, Collins, Perla, Higgins, Zuchlewski and Amos
Cancellation of Lease With Pilot Air Freight, Inc.
Whereas: The city of Buffalo had entered into a naming rights agreement
with Pilot Air Freight, Inc., giving them the privilege to call the baseball
stadium Pilot Field; and
Whereas: In return, Pilot Air Freight, Inc. was to have reimbursed the City
of Buffalo the sum of $50,000 annually and to have on file a one half million
dollar letter of credit; and
Whereas: Pilot Air Freight, Inc. has not paid the City any funds for at
least the last 3 years and has refused to renew the expired letter of credit.
Now, Therefore, Be It Resolved That:
This Common Council directs the Corporation Counsel to immediately take
legal steps to cancel the lease agreement between Pilot Air Freight and the
City of Buffalo.
ADOPTED.
No. 187
By: Mr. Collins
Transfer of Funds
Appropriation Allotments -
Common Council - Travel & Transportation
Common Council - Capital Outlay
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
$20,286 be and the same is hereby transferred from Appropriation Allotments -
Common Council - Travel & Transportation accounts, as set forth below:
From:
100 General Fund
01-0 Common Council
Councilmember
008 007 004
002 009
301-Auto Allowance $(114) $ (24) $( 60) $1,286 $
669
304-Transportation 1,250 1,250 1,017 862
609
305-Meals & Lodging 750 750 279
632 (232)
306-Fees & Dues 510 510 200
170 350
$2,396 $2,486 $1,436 $2,950 $1,396
011 012 010
013
301-Auto Allowance $3 $1,389 $ 0
$84
304-Transportation 867 1,250 980 1,250
305-Meals & Lodging 9 750 580
750
306-Fees & Dues 170 550 440 550
$1,049 $3,939 $2,000 $2,634
Total 20,286
To:
100 General Fund
01-0 Common Council
085 Capital Outlay
982 - Operating Equipment $18,286
983 - Office Equipment & Furnishings $ 2,000
PASSED.
AYES- 13 NOES- 0.
No. 188
By: Mr. Collins
Appoint Members to the
War Memorial Stadium Management Committee
Whereas: The City of Buffalo has constructed the War Memorial Stadium
playing field; and
Whereas: This facility is designed to accommodate neighborhood and regional
athletes; and
Whereas: The City of Buffalo is entering a contract with the Buffalo Board
of Education to utilize this facility for its athletic purposes; and
Whereas: The Board of Education will assume primary maintenance and upkeep
in connection to and use of this facility; and
Whereas: There is a need to establish a general management board which would
assume primary management responsibilities in connection with scheduling,
concessions and general usage of this facility;
Now, Therefore Be It Resolved:
That the following persons would constitute this committee:
1) Two (2) to be named by the Mayor;
2) Two (2) to be named by the Board of Education
3) Booker Edgerson Mike Billoni Malcolm Dawson Rosa Gibson Larry Stitt
Joseph McNamara Ralph Hubbell George Johnson James W. Pitts George K. Arthur
David A. Collins
Be It Further Resolved:
That this committee be empowered to act in the interest of the City and
the community in offering its administrative and management responsibilities at
this facility.
ADOPTED.
No. 189
By: Mr. Coppola
Background Checks on In Rem Purchasers
Whereas: The City of Buffalo conducts a public auction of foreclosed
properties every year; and
Whereas: Before title is conveyed to those persons buying properties through
the auction process, a background investigation should be conducted to disclose
whether the purchaser has a history of housing violations or Housing Court, and
if back taxes are owed or are currently listed on the In Rem list; and
Whereas: This would prevent landlords with histories of owning dilapidated
housing from purchasing more units to further the decline of the city's housing
stock.
Now Therefore Be It Resolved That
This Common Council requests that the Corporation Counsel, Commissioner
of Assessment, Comptroller, and City Treasurer respond to the above suggestion
to perform background investigations on persons who purchase properties through
public auction to prevent landlords with histories of owning dilapidated
housing from purchasing more units to further the decline of Buffalo's housing
stock.
ADOPTED.
AYES- AMOS, BAKOS, BELL, COLLINS, COPPOLA, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO,
PERLA, PITTS, ZUCHLEWSKI- 12.
NOES- ARTHUR- 1.
No. 190
By: Mr. Coppola
Preference in Awarding Contracts to Local Companies
Whereas: The City of Buffalo, in the regular course of business,
enters into contracts for professional services with a variety of private
individuals and organizations; and
Whereas: The City of Buffalo spends a significant amount of public dollars
on such contracts; and
Whereas: It would be in the interest of the City that, where feasible, all
such contracts be awarded to local individuals and organizations so that jobs
can potentially be created and retained within the local economy.
Now Therefore Be It Resolved That
This Common Council supports giving preference to local individuals and
companies when awarding contracts for professional services and requests that
Corporation Counsel prepare an ordinance to that effect.
ADOPTED.
No. 191
By: Mr. Fahey
Ordinance Amendment
Chapter 35 - Personnel Policies
The Common Council of the City of Buffalo does hereby ordain as
follows:
That Section 35-20 of Chapter 35 of the Code of the City of Buffalo be
amended by deleting subdivision D, and adding new subdivisions D and E to read
as follows:
D. Effective July 1, 1993 the reporting time for the Commissioner of Police
and his Deputies shall be rolled into the base pay at the actual cash value of
10.5% of the 1992-93 salary, and thereafter shall constitute part of the base
salary.
E. Effective July 1, 1993 the Commissioner of Police and his Deputies shall
receive an annual educational stipend consisting of: (1) $350 per annum if he
or she possesses an associate's degree or 60 college credits; (2) $700 per
annum if he or she possesses a bachelor's degree or 120 college credits; (3)
$900 per annum if he or she possesses a master's degree or higher degree. The
stipend shall be payable on July 1 of each year based upon possession of the
relevant degree in the previous fiscal year.
APPROVED AS TO FORM
Laurence K. Rubin
Corporation Counsel
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
No. 192
By: Messrs. Fahey, Amos, and Collins
Oppose the Elimination of the Pediatrician Staff at Erie County
Medical Center's Pediatric Clinic
Whereas: In the midst of a budgetary crisis, Erie County Medical
Center (ECMC) proposes to eliminate the pediatrician staff lines in it's
Pediatric Clinic and possibly merge pediatric responsibilities to ECMC's Family
Practice Clinic; and
Whereas: By eliminating the pediatrics staff lines, ECMC would forfeit the
benefits and advantages of trained pediatrician care for a community known for
it's high risk pediatric population and various cases of rare pediatric
conditions; and
Whereas: The probable merger of pediatric services with the Family Care
Clinic at ECMC would mean pediatric care being administered by general
physicians less experienced in the child care field and a possibility of cut
service due to an overwhelming volume of patients as a result of the merger;
and
Whereas: From a financial perspective, the elimination of pediatrics would
not be cost effective considering that pediatrician salaries are not high
compared to other physicians, the low cost and preventative nature of pediatric
services and the clinic's ability to sustain itself through hospital billing;
and
Whereas: The elimination of the pediatrician staff would cause ECMC to loose
the ability to offer educational training to pediatric medical students
presently staffing the clinic under direct supervision of a pediatrician
supervisor; and
Whereas: In a time when added emphasis are being put forth in coordinated
and expanding preventive care and immunization services, ECMC's Pediatric
Clinic is best able to coordinate pediatric services for this endeavor as well
as wide variety of other hospital support operations.
Now, Therefore Be It Resolved That:
This Common Council requests Bradley Truex, M.D., Medical Director of the
Erie County Medical Center to file a report detailing the rationale for
eliminating the pediatrician staff lines in the hospital's pediatric clinic.
ADOPTED.
No. 193
By: Mr. Fahey
Include Additional Member on the
Housing Oversight Committee
Whereas: The Buffalo Common Council adopted Item #185 C.C.P. April
27, 1993 "Appt. Mbrs. Housing Oversight Committee" naming individuals to sit on
a Housing Oversight Committee to work with a consultant agency contracted to
conduct a study into Housing Preservation for the City of Buffalo; and
Whereas: Another qualified person seeks appointment to donate his services
to this Housing Oversight Committee.
Now, Therefore Be It Resolved That:
This Common Council appoints the following person to serve on the Housing
Oversight Committee:
Frank DeJames, Inspections and Licenses 304 City Hall, Buffalo, N.Y. 14202
ADOPTED.
No. 194
By: Messrs. Fahey and Bakos
City Of Buffalo
Local Law No __________ (1993)
Introductory No. 4 (1993)
A LOCAL LAW amending section 91 of article 6 of the Charter of
the city of Buffalo in relation to mayor's advocacy office for persons with
disabilities.
BE IT ENACTED BY THE COMMON COUNCIL OF THE CITY OF BUFFALO AS FOLLOWS:
Section 1. That section 91 of article 6 of the charter of the city of
Buffalo, be amended by adding a sentence at the end of the second paragraph to
read as follows:
Sec. 91. Mayor's Advisory Committee for Persons with Disabilities.
Meetings of the committee shall be held upon the call of the chairperson
or as specified in a written declaration by a majority of the members of such
committee, but in no event shall less than eight (8) meetings per year be held.
A quorum shall consist of not less than seven 7 members.
Section 2. This local law shall take effect immediately.
APPROVED AS TO FORM
Laurence K. Rubin
Corporation Counsel
NOTE: Matter underlined is new.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 195
By: Messrs. Fahey and Zuchlewski
Four-way stop signs at Hunt and Copeland
Whereas, Residents living in the area of Hunt Avenue and Copeland
Place have complained of a traffic hazard because of the angle of Hunt Avenue;
and
Whereas, There was a hit and run accident at that corner in the morning of
May 9, 1993; and
Whereas, This intersection has been a cause of concern for area residents
for many years.
Now, Therefore Be It Resolved That:
This Common Council requests the Department of Public Works, Division of
Traffic, to investigate this traffic hazard and to install a four-way stop sign
at the corner of Hunt Avenue and Copeland Place.
REFERRED TO THE COMMITTEE ON LEGISLATION, COMMISSIONER OF PUBLIC WORKS AND THE
COMMISSIONER OF POLICE.
No. 196
By: Mr. Higgins
Home Rule Message
51132-A; A1927-A
Discontinue Portion of Tyler Park
Whereas: There has been introduced in the New York State Legislature
Senate Bill 1132-A and Assembly Bill 1927-A, " An act to authorize the city of
Buffalo to discontinue the use as parkland of a portion of the land known as
Tyler Park and to convey the same to the American Legion Post #64 for the
purpose of accommodating handicapped access to the buildings of such post; and
Whereas: This Bill is an amended version of the originally proposed
legislation in that it requires the city to obtain fair market value for the
conveyed park land and to use the proceeds "for the purchase of additional
parkland or the improvement of the capital facilities at existing parks"; and
Whereas: This Common Council has already adopted a Home Rule Message (Res.
# 186, CCP 4-13-93) in favor of the original Bill;
Now, Therefore, Be It Resolved:
That the City of Buffalo hereby requests the enactment into law of Senate
Bill 1132-A and Assembly Bill 1927-A, " An act to authorize the city of Buffalo
to discontinue the use as parkland of a portion of the land known as Tyler Park
and to convey the same to the American Legion Post # 64 for the purpose of
accommodating handicapped access to the buildings of such post"; and
Be It Further Resolved:
That the City Clerk is hereby authorized and directed to certify passage
of this resolution and to send copies thereof to the Home Rule Counsel of the
Senate and the Assembly and to the Western New York Delegation of the New York
State Legislature.
ADOPTED.
No. 197
By: Mrs. LoTempio
Overpayment of Property Taxes - 76 Bryant Avenue
Whereas: Elizabeth Andkor is the owner of property at 376 Bryant
Avenue; and
Whereas: Ms. Andkor was billed and subsequently paid city of Buffalo
property taxes for the fiscal year 1991-92 in the amount of 1372.22; and
Whereas: A property tax bill of 2470.42 was sent to Ms., Andkor for fiscal
year 1992-93; and
Whereas: The Department of Assessment has acknowledged that a computer error
incorrectly listed the property as a four (4) unit instead of a three (3) unit
dwelling, resulting in a tax bill in excess of the amount actually due; and
Whereas: To date, Ms. Andkor has not been successful in her attempts to
receive a refund for the overpayment of taxes; and
Whereas: An adjustment in the tax bill and a refund for the overpayment of
taxes for the property at 376 Bryant Avenue seems in order; and
Now Therefore Be It Resolved
That the Department of Assessment review the property tax bill for the property
listed as 376 Bryant Avenue and
Be It Further Resolved:
That this property tax bill be adjusted to reflect the proper amount of
property tax to be paid; and
Be It Finally Resolved:
That this Common Council authorize the repayment to Elizabeth Andkor of the
excess amount of property taxes paid.
REFERRED TO THE COMMITTEE ON FINANCE AND THE CORPORATION COUNSEL.
No. 198
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 compliance with
Chapter 293, "Noise" of the Code.
E. Any license 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 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. 199
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 permit 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] September 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
NOTE: Matter in brackets [ ] to be deleted; matter underlined is new.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 200
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 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. of if any condition contrary to S4370-2 through S370-17
is found.
That Section 370-19 be added to read as follows:
S370-19. 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. 201
By: Mr. Pitts
Salary Ordinance Amendment
70-0 Department of Street Sanitation
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 70-0 Department of Street Sanitation, under the subheading
"011 - Collection of Refuse & Street Cleaning" which reads:
6 Laborer 19,226 - 21,232
52 Laborer II Hourly 9.02 - 10.26
is hereby amended to read:
5 Laborer 19,226 - 21,232
53 Laborer II Hourly 9.02 - 10.26
We, Bart Sumbrum, Commissioner of Street Sanitation and Thomas F. Keenan,
Director of the Budget, hereby certify that the deletion of one (1) Laborer
position and the creation of one (1) Laborer II (Hourly) 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 of said
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 ON CIVIL SERVICE.
No. 202
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 $37,033
is hereby amended to read:
12 Asst. Fire Alarm Dispatcher $37,033
1 Asst. Fire Alarm Dispatcher $37,033
(Robert Heisler only)
1 Asst. Fire Alarm Dispatcher $37,033
(Richard Furman only)
1 Asst. Fire Alarm Dispatcher $37,033
(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. 203
By: Messrs. Pitts & Fahey
Set Public Hearing
Proposed Land Disposition Agreement For A Portion Of Oak Street Redevelopment
Project NYR-197 Carlton and Washington Streets
Whereas, VNA Group Realty, Inc. and/or other legal entity to be
formed (herein referred to as the "Redeveloper") has been duly designated as
qualified and eligible Redeveloper in accordance with the rules and procedures
prescribed by the City or Buffalo Urban Renewal Agency; and
Whereas, the City or Buffalo Urban Renewal Agency and the Redeveloper has
negotiated a Land Disposition Agreement for the disposition or a portion or Oak
Street Redevelopment Project NYR-197; and
Whereas, the terms or said Land Disposition Agreement have been approved
by the City or Buffalo Urban Renewal Agency; and
Whereas, said Land Disposition Agreement has been forwarded by the City
or Buffalo Urban Renewal Agency to this Common Council for action, pursuant to
section 507, subdivision 2(d) or the General Municipal Law; and
Whereas, Article 15A or the "General Municipal Law" requires that the
disposition or land in an Urban Renewal Project may be approved only after a
public hearing on due notice.
Now, Therefore, Be It Resolved:
1. That the City Clerk is hereby directed to publish the notice attached
hereto and marked "Notice or Hearing" in the Buffalo News, no later than the
28th day or May 1993.
2. That this Common Council will conduct a Public Hearing on the matter
stated in said "Notice or Hearing" at 2:00 P.M. in the Council Chambers on the
8th day or June 1993.
ADOPTED.
No. 204
By: Mr. Zuchlewski
Designate Dead End of Farmer St. as R.A.P.P. Lot
Whereas: The dead end portion of Farmer St. west of Niagara St.
is owned by the City of Buffalo, and
Whereas: The business owners and residents have stated a need for off street
parking for a number of years, and
Whereas: The Residential Area Parking Program was created for exactly this
purpose and
Whereas: The dead end of Farmer St. has already been made into a parking lot
by the New York State Thruway Authority under a contract to reconstruct the
Niagara Section of the Thruway. and
Whereas: It is in the best interests of the City of Buffalo to ensure the
lot is properly maintained.
Now, Therefore Be It Resolved:
That this Common Council authorize the Parking Division to place the dead
end portion of Farmer St. in the R.A.P.P. program for the purpose of
maintaining this lot for the business owners and residents of Black Rock.
PASSED.
AYES- 13 NOES- 0.
No. 205
By: Mr. Zuchlewski
Exclude North District from Tree Spraying Operations Using the
Pesticide Sevin
Whereas: There has been considerable controversy over the use of
the pesticide Sevin to control the destruction inflicted on the city's elm
trees by the elm leaf beetle; and
Whereas: The Pest Management Board has advised against the use of Sevin
citing various potential human health hazards and potential negative impacts on
the ecosystem attributed to pesticide Sevin and it's main active ingredient
Carbaryl ,and
Whereas: Efficacy questions remain whether foliar spraying of Sevin is
effective at killing the elm leaf beetles given Buffalo's erratic weather and
the age of the city's stock of Sevin; and
Whereas: Carbaryl, the active ingredient in Sevin remains toxic for
approximately 7 to 28 days in soil, 1 to 30 days in water and 30 to 120 days in
air which creates a high risk of exposure to people and pets a distance away
well after the initial time of spraying; and
Whereas: The Pest Management Board has identified less toxic pesticides and
programs which they believe if utilized and deployed correctly would be
effective alternatives to Sevin in combating the elm leaf beetle problem.
Now, Therefore Be It Resolved That:
This Common Council requests the City Parks Department to exclude the North
District from tree spraying operations using the pesticide Sevin.
ADOPTED.
No. 206
By: Mr. Zuchlewski
Felicitations/ln Memoriam
Attached hereto are Felicitation and In Memoriam Resolutions sponsored
by Members of the Common Council as indicated:
Felicitation for Allen Pritchard
By Councilmember Amos
Felicitation for Who Dares, Wins for Vets
By Councilmember Arthur
ADOPTED.
No. 207
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:
Tracey D. Adams
Albert Debenedetti
John Fiorella
Kelly S. Gonzales
Patricia A. Jaworowicz
Kevin P. Montgomery
Anne Z. Rusin
Christopher P. Walsh
Linda Fiorella
David Pfaff
Mark Jaede
Mark K. Catanzaro
Robert B. Earl, Jr.
Charley Fisher, III
Robert M. Graber
Laurie Manzella
Kevin C. Quick
Roseann Scibilia
Suzanne Zuchlewski
Lora A. McGowan
Total 20
ADOPTED.
No. 208
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:
Scott C. Billman
Robert T. Zebracki
Gregory P. Rabb
Edward French
Rosemary Cicero Sullivan
John J. Sullivan
David M. Forward
Michael P. Cartenuto
Colleen M. Dannels
Mary Clare Fahey
Paul Brunner
Donald E. Egner
Elizabeth Krzemien
Michael W. Breen
Daniel J. Higgins, Jr.
Tim Higgins
Angelo N. Provenzano
Annmare Franczyk
James V. Gates
Mark P. Parker
William G. Falkowski, Jr.
Charles W. Giambra
William F. Trezevant
Total 23
ADOPTED.
UNFINISHED BUSINESS
No. 209
Local Law Intro. 19 - Min. Manpower - Police
(Item No. 34, C.C.P., May 28, 1992)
Mr. Fahey moved that the above item be taken from the table. Seconded
by Mr. Pitts.
CARRIED.
Mr. Fahey now moved that the above item be received and filed. Seconded
by Mr. Pitts.
ADOPTED.
No. 210
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, JUNE 1, 1993 9:30 AM
Finance Tuesday, JUNE 1, 1993
Immediately Following Civil Service
Legislation Tuesday, JUNE 1, 1993 2:00 PM
Economic Dev. Wed., JUNE 2, 1993, 10:00 PM
No. 211
Adjournment
On a motion by Mr. Fahey, Seconded by Mrs. LoTempio the Council
adjourned at 4:05 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
May 27, 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 May 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 May 1993 amounting to $35,233.69, 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:
Louisa D. Klein Died April 24, 1993
Mary Behringer Died May 14, 1993
Received and Filed
No. 4
On motion by Mr. Arthur, the City of Buffalo Police and Fire Pension
Board Meeting adjourned at 11:10 a.m.