HomeMy WebLinkAbout93-0706
1No. 14
Common Council
Proceedings
of the
City of Buffalo
Special Session, July 1, 1993
Regular Meeting, July 6, 1993
MAYOR
Hon. James D. Griffin
COMPTROLLER
Joel A. Giambra
COMMON COUNCIL
PRESIDENT OF THE COUNCIL
George K. Arthur
PRESIDENT PRO TEMPORE
David A. Franczyk
MAJORITY LEADER
Eugene M. Fahey
COUNCILMEMBERS-AT-LARGE
Clifford Bell
Eugene M. Fahey
Rosemarie LoTempio
DISTRICT COUNCIL MEMBERS
Alfred T. Coppola Delaware
James W. Pills - Ellicott
David A. Franczyk Fillmore
Norman M. Bakos Lovejoy
David A. Collins Masten
Carl A. PerIa Jr. Niagara
Dale Zuchlewski North
Brian M. Higgins South
Archie L Amos, Jr. University
REGULAR COMMITTEES
CIVIL SERVICE COMMITTEE
: James W. Pills, Chairman,
George K. Arthur, Alfred T. Coppola, Eugene M. Fahey, Carl A. PerIa, Jr.
Members
CLAIMS COMMITTEE
: Brian Higgins, Chairman, Archie L. Amos, David Franczyk,
Rosemarie LoTempio, Dale Zuchlewski, Members
ECONOMIC DEVELOPMENT COMMITTEE:
Clifford Bell, Chairman, Archie L Amos, Jr.,
David Collins, David A. Franczyk. Alfred Coppola. James W. Pills, Members.
FINANCE COMMITTEE:
David Collins, Chairman, Clifford Bell, Eugene M. Fahey,
David A. Franczyk, Brian M. Higgins, Carl A. PerIa, Jr., Members.
LEGISLATION COMMITTEE:
Alfred Coppola, Chairman, Archie L. Amos, Jr., Norman M.
Bakos, Rosemarie LoTempio, James Pills, Dale Zuchlewski Members
RULES COMMITTEE:
George K. Arthur, Chairman, Eugene M. Fahey, James W. Pitts,
Members
URBAN RENEWAL:
Archie L. Amos, Jr., Chairman, David A. Franczyk., Brian M.
Higgins, Rosemarie Lotempio, Carl A. PerIa, Jr.
SPECIAL COMMITTEES
SPECIAL COMMITTEE ON BUDGET:
Hon. Archie L. Amos, Jr., Chairperson,
Hon. Norman M. Bakos, Hon. Eugene M. Fahey, Hon. James W. Pitts, Hon. Dale
Zuchlewski, Hon. Joel A. Giambra, Mr. Richard Planavsky.
SPECIAL COMMITTEE ON CATV:
Hon. James W. Pills, Chairman, Hon. Archie L. Amos,
Hon. Brian M. Higgins, Hon. Rosemarie LoTempio, Dale Zuchlewski.
PARKS DEPARTMENT OVERSIGHT COMMITTEE:
James W. Pills, David A. Franczyk.
Rosemarie LoTempio, Joel A. Giambra/Designee, Samuel F. Houston/Designee, John
Scardino, Jr., Representative of the Friends of Olmstead Park, Representative
of Delaware Park Steering Committee Representative of Martin Luther King Park
Steering Committee,' Representative of the Friends of Cazenovia Casino.
TASK FORCES
TASK FORCE- AUDITORIUM-STADIUM:
Hon. James W. Pitts, Chairman,
Hon. Alfred T. Coppola, Hon. Eugene M. Fahey, Hon. Dale Zuchlewski, Henry
Nowak, Anthony Masiello, Dennis Gorski, Roger Blackwell, Vincent Tese, Charles
Rosenow, George Gould, George Wessel, William Greely, Women for
Downtown/Designee, Donald Quinlan, Rev. Bennett Smith.
MEDICAL BENEFITS TASK FORCE:
Richard J. Piontek, Larry Insinna, Mary Ann
Sansone, Charles W. Pruet, M.D., Leo C. Welsh, David Donnelly, Thomas J.
CareIa, John Walker, John D. Smith.
EDUCATION FUNDING FORMULA REVIEW TASK FORCE:
Hon. Brian M. Higgins, Chairman; Hon. Archie L. Amos, Hon. Dale Zuchlewski,
Judith Fisher, Mozella' Richardson, Dr. Oscar Smuckler.
POLICE REORGANIZATION TASK FORCE:
Hon. Eugene M. Fahey, Chairman; Hon. George
k. Arthur, Hon. Clifford Bell, Hon. Rosemarie LoTempio. Michael Trimboli, Ralph
Degenhart, Edward C. Hempling, Richard Donovan, Kenneth R. Kirby, Richard
Planavsky, George J. Panepinto, Martha Dippel. James J. McMahon, Craig Speers,
William Dunford, Levirn Hill, John V. Elmore.
STREETS DEPARTMENT OVERSIGHT TASK FORCE:
Hon. Alfred T. Coppola, Chairman; Hon.
Brian M. Higgins, Hon. Dale Zuchlewski, Bart Sumbrum Designee, John Scardino.
CORPORATION PROCEEDINGS
COMMON COUNCIL
CITY HALL
BUFFALO, NEW YORK
SPECIAL SESSION
JULY 1, 1993
AT 11:30 A.M.
Present - George K. Arthur, President of the Common Council and Councilmembers:
Amos, Bakos, Collins, Coppola, Franczyk, Higgins, Pitts, Zuchlewski. - 9
Absent - Councilmembers Bell, Fahey, LoTempio, PerIa. - 4
.
No. 1
Call For Special Session
Mr. Charles L. Michaux, III
City Clerk
1308 City Hall
Buffalo, New York
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
July 1, 1993 at 11:30 a.m. for the following purpose:
To receive, and act on requests to provide fire protection for the World
University Games and for permission to install banners.
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, and act on requests to provide fire protection for the World
University Games and for permission to install banners.
WE request that this Special Meeting be held on July 1, 1993 at 11:30
a.m.
Dale Zuchlewski
David Franczyk
Alfred T. Coppola
Eugene M. Fahey
Archie L. Amos, Jr.
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
June 30, 1993 the 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 July 1, 1993 at 11:30 a.m. for the following purpose:
To receive, and act on requests to provide fire protection for the World
University Games and permission to install banners.
Yours very truly,
CHARLES L. MICHAUX, III
City Clerk
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 waives the requirement of a twenty-four (24) hours'
notice of the time and purpose of the Special Meeting of the Common Council
duly called to be held on July 1, 1993 at 11:30 A.M.
STATE OF NEW YORK)
COUNTY OF ERIE) ss:
CITY OF BUFFALO
On this 1st day of July 1993, before me, the subscribers, personally
appeared 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.
David Collins, David Franczyk, Alfred T. Coppola, Dale Zuchlewski, Clifford
Bell, Archie L. Amos, Jr., James W. Pitts, Eugene M. Fahey, Brian Higgins,
Norman Bakos,
Richard Okoniewski,
Commissioner of Deeds,
in and for the City of Buffalo, N.Y.
Commission expires 12/31/94
No. 2
By: Mr. Arthur
Provide Emergency Medical Response World Games
Whereas: All efforts have failed to work out a compromise and agreement
between the Buffalo Fire Commission and Local 282 to provide first response to
medical emergencies at the World University Games; and
Whereas: The World University Games have an obligation to provide response
to medical emergencies at 3 designated sites in the City of Buffalo: Buffalo
State College, Pilot Field and Erie Community College-City Campus Community
Building; and
Whereas: It is the intention of the World University Games to use volunteers
from various suburban fire companies to respond to emergencies at these sites;
and
Whereas: Use of these unpaid volunteers may compromise the City of Buffalo
in the event of an emergency; and
Whereas: The detailing of companies to be on standby at these 3 sites would
cost the City relatively little, if any, money;
Now, Therefore Be It Resolved:
That this Common Council request the Mayor and the Fire Commissioner to
reconsider the detailing of Buffalo Fire Firefighters at the 3 locations in the
City of Buffalo, so that Buffalo Firefighters may be the first respondents for
medical emergencies as originally requested by the World University Games.
ADOPTED.
No. 3
By: Messrs. Perla, Zuchlewski and Arthur
Erect Banners - World University Games
Whereas: The World University Games are coming to Buffalo for ten
days starting with the World Games Torch Run and Opening Ceremonies on July 8,
1993; and
Whereas: The City of Buffalo has lent it's support in making these games a
memorable occasion to showcase Buffalo; and
Whereas: Special events will be held throughout Western New York
highlighting sporting events in different areas of the City and region; and
Whereas: In order to promote these spectacular sporting events in Buffalo,
the World University Games has requested permission to hang banners from
Tuesday July 1, 1993 through July 8, 1993, at various sites in the City of
Buffalo;
Now Therefore Be It Resolved:
That this Common Council grant permission to the World Games Organization
to erect banners at various locations pending the submission to a site specific
list by the World games Sponsors and subject to any conditions, regulations and
restrictions imposed by the Department of Public Works and the Corporation
Counsel.
PASSED.
AYES- 9 NOES- 0.
No. 4
Adjournment
At 12:10 P.M., Mr. Pitts moved to Adjourn. Seconded by Mr. Bakos.
COMMON COUNCIL
CITY HALL- BUFFALO
Tuesday, July 6, 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 June 22, 1993 and the Special Session held on July 1, 1993,
were approved.
FROM THE MAYOR
No. 1
Veto Amendments to the 1993-94 Salary Ordinance
Item # 61, CCP June 22, 1993
I am hereby vetoing the following amendments made by Your Honorable
Body to the 1993-94 salary ordinances:
04-0 Department of Audit and Control
002 Data Processing
1 Sr Operations Communication Coordinator $1.00
amended to
1 Sr Operations Communication Coordinator $25,569 - $29,509
REASON: Pursuant to Article 24, Section 454 of the City Charter Your
Honorable Body is unauthorized to increase the compensation of this position
over the $1.00 amount that had been fixed and provided for in the budget
without the certification from the Mayor and the Comptroller that the interests
of the City will be subserved thereby.
Since adequate funding was not provided to pay more than $1 per year for
this position, and filling jobs in the Department of Audit and Control are not
subject to approval of the administration, I have not provided the required
certification to increase the salary of this position.
Furthermore, even an override of this veto would not authorize payment of
the higher salary since Your Honorable Body did not have the authority to
increase it without the certification referenced above.
04-0 Department of Audit and Control
001 Comptroller
amended to add 1 Administrative Assistant $1.00 and
04-2 Division of Accounting
001 Accounting
amended to add 1 Assistant Investment Officer $1.00
REASON: Pursuant to Article 24, Section 442 of the City Charter, Your
Honorable Body is unauthorized to create new positions except upon
certification by the appointing power and by the director of the budget that
the new position is necessary for the proper conduct and administration of the
department. The budget director has not provided such a certification for
these job titles so that even an override of this veto would not result in the
creation of these positions since Your Honorable Body did not have the
authority to create them in the first place.
Attached for your review are opinions from the Corporation Counsel dated
July 23, 1991 and July 25, 1985 which address the validity of salary ordinance
amendments and the potential personal liability of City officials participating
in the illegal payment of City monies.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE, THE COMPTROLLER AND THE CORPORATION
COUNSEL.
No. 2
Reappointment of Members of Citizens Advisory Committee on Community
Improvement
Pursuant to the powers vested in me by Article II, Section 6-5
of the Code of the City of Buffalo, I hereby reappoint the below listed persons
as members of the Citizens Advisory Committee on Community Improvement for
terms expiring on June 30, 1997:
Hallie Howell 24 Arlington Place
14201
Lewis G. Harriman, Jr. 45 Berkley Place
14209
Brenda McDuffie 196 Highgate Avenue
14215
Ellen Reese 49 Starin Avenue
14214
I hereby certify that the above listed persons are fully qualified to
serve as members of the Citizens Advisory Committee on Community Improvement.
RECEIVED AND FILED.
No. 3
Reappointment of Member of Board of Stadium and Memorial Auditorium
Pursuant to the provisions of Section 109-A of the Charter of
the City of Buffalo, I hereby reappoint Edward S. Gasuik, 19 Red Jacket
Parkway, Buffalo - 14220, as a member of the Board of Stadium and Memorial
Auditorium for a term expiring June 30, 1998.
I hereby certify that Edward S. Gasuik is fully qualified to serve as a
member of the Board of Stadium and Memorial Auditorium.
RECEIVED AND FILED.
No. 4
Appointment of Member of Buffalo Preservation Board
Pursuant to the powers vested in me by Article II, Section 337-3,
Part II of the Code of the City of Buffalo, I hereby appoint, subject to
confirmation by Your Honorable Body, John Montague, residing at 775 Bird
Avenue, Buffalo 14209, as a member of the Buffalo Preservation Board effective
September 1, 1993 for a term expiring on August 30, 1996.
John Montague will succeed Austin M. Fox.
John Montague, Professor of Design and Design History at SUNY College at
Buffalo, holds the following academic degrees:
Ph.D. University of Wisconsin - Madison
1974 Art History
M.A. Florida State University
1968 Art History
B.A. Florida State University
1966 European History
Professor Montague has served as Professor of Design and Design History
at SUNY College at Buffalo since 1984. From 1968 to 1984, John Montague was
Professor of Art and Architectural History at the University of Wisconsin -
Whitewater.
John Montague is also very active in numerous professional activities:
- Board of Trustees, Preservation Coalition of
Erie County (1986 - )
- Board of Trustees, Landmark Society of Niagara Frontier
(1990 - )
- Main Street Initiative Commission (1989 - )
- Elmwood Avenue Task Force (1987 - )
I hereby certify that John Montague is fully qualified for appointment to
the Buffalo Preservation Board.
Mr. Fahey moved:
That the communication from the Mayor dated June 24, 1993, be received
and filed; and
That the appointment of a member of the Buffalo Preservation Board of
John Montague, 775 Bird Avenue Buffalo, 14209, for a term effective September
1, 1993 and expiring on August 30, 1996, be and hereby is confirmed.
ADOPTED.
No. 5
Certiorari Proceedings
1992-93 Fiscal Year Admiral's Walk
Item No. 12, C.C.P., 6/8/93
This item was referred for my comment. The Law Department advises
me that this proposed settlement is in the best interests of the City.
REFERRED TO THE COMMITTEE ON FINANCE.
FROM THE MAYOR - EXECUTIVE DEPARTMENT
FROM THE CITY PLANNING BOARD
No. 6
Resser Management - Request to Erect a Pole Sign and Provide Screening at 365
Amherst
Item No. 88, C.C.P., June 22, 1993
The City Planning Board at its regular meeting held Tuesday, June
29, 1993 considered the above request pursuant to Sections 511-97 and 387-19 of
the Buffalo Code, Screen for Off-street Parking and Pole Sign Review.
The applicant seeks to erect an illuminated pole sign and reader board on
the Grant Street side. The overall height of the sign will be 25 feet; the
sign face will measure 10 feet by 10 feet or 100 square feet. The reader Board
will measure 4 feet 7 inches by 1 foot 5 inches or 20 1/4 square feet. The
total sign area will be approximately 120 1/4 square feet.
The site is located in a C2 zone which permits 35 square feet of signage
or 1 square foot for each lineal foot of front lot line. In this instance the
site has a front line of 300+ lineal feet.
The applicant also seeks to screen the parking along Amherst Street with
a vegetative strip and landscaped tree islands at the curb cut and pole sign
locations. This screening treatment would be in lieu of a solid masonry or
wooden fence.
Under SEQR the proposed signage and screening are Type II actions which
do not require further environmental review.
The Planning Board voted to approve the proposed pole sign and screening
treatment as presented.
RECEIVED AND FILED.
No. 7
P. Silvestri - Request to Encroach
the Right-Of-Way at 138 Delaware
(corner W. Huron)
Item No. 41, C.C.P., June 22, 1993
The City Planning Board at its regular meeting held Tuesday, June
29, 1993 considered the above request pursuant to Section 413-67 of the Buffalo
Code, Review of Right-of-way Encroachments.
The applicant seeks to place the following within the right-of-way of
Delaware Avenue and W. Huron Street:
1. Two handicap ramps, 33 feet by 4 feet and 40 feet by 4 feet;
2. Two planters located between the handicap ramps and the curb line;
3. Stairs on Delaware Avenue and W. Huron Street;
4. Cornices at the second and top stories; and
5. Transformer vaults on W. Mohawk.
These building encroachments are for the new Federal Office Building. The
site is located in the DO zone which prohibits setbacks. Consequently, the
proposed encroachments (i.e. the handicap ramps, planters and steps) form a
plaza area for the building which complements the decorative planting and
landscaping treatment of the Federal Reserve Building immediately north of the
site.
Under SEQR, the proposed encroachments may be considered an unlisted
action which may be studied via uncoordinated review. Lastly, the Department of
Public Works has recommended that your Honorable Body grant a mere license for
the ramps, planters and stairs described above. (The cornice and transformer
vaults were not a part of Public Works approval.)
Given this, the Planning Board voted to approve the proposed
encroachments as presented.
REFERRED TO THE COMMITTEE ON LEGISLATION.
FROM THE BOARD OF PARKING
No. 8
Amendment to Consolidated Lease Agreement Between the City of Buffalo and
Buffalo Civic Auto, Inc.
Pursuant to Item 126 C.C.P. May 25, 1993 your Honorable rejected
the suspension of the last year of a $350,000 payment by Buffalo Civic Auto
Ramps, Inc. (B.C.A.R.) to the City's General Fund.
In reviewing the lost item, it has been noted that the motion indicated
that B.C.A.R. ran the two hospital ramps, Gates Circle and General, and
B.C.A.R. was to make the payment to the City from the operation of these two
ramps.
B.C.A.R. has no involvement in the two hospital ramps. These ramps are
operated by the Division of Parking and proceeds go into the Parking Enterprise
Fund. The Parking Board intentionally raised rates at the hospital ramps to
help balance the Enterprise Fund, with the sole purpose to relieve B.C.A.R.
from their $350,000 payment.
B.C.A.R. has reported the following operating losses over the past three
years:
1990-91 - (-$659,288)
1991-92 - (-$468,211)
1991-93 - (-$286,248) thru May, 1993
The 1993-94 budget for the Parking Enterprise fund has provision for
transfers of $450,000 to the general fund and the full funding of the operating
expenses of the Division of Parking in the amount of $131,518.
At this time both the Parking Board and the Board of Director of B.C.A.R.
would respectfully request the Common Council authorize the Mayor to execute an
amendment to the Consolidate Lease Agreement suspending the $350,000 payment in
1993-1994 by B.C.A.R.
REFERRED TO THE COMMITTEE ON FINANCE AND THE COMPTROLLER.
No. 9
Bids Thruway Lot No. 4
The current three (3) year lease agreement for the above stated
property has expired (former annual rental $46,001)
The Board of Parking advertised on June 7, 1993 for new three year bid
proposals, and received said proposals at 11:00 a.m. on June 30, 1993. The
bids were opened and publicly read aloud in the offices of the Board, 1801 City
Hall.
The results are as follows:
OPERATOR ANNUAL BID
Allright Parking Buffalo Inc. $50,000
107 Delaware Avenue - Suite 335
Buffalo, NY 14202
REFERRED TO THE COMMITTEE ON FINANCE AND THE COMPTROLLER.
No. 10
Bids Parking Concession
Gates Circle and Buffalo General Parking Ramps.
The current five (5) year management concession for the two above
stated parking ramps are about to expire.
The Board of Parking advertised on June 7, 1993 for new three (3) year
bid proposals and received said proposals at 11:00 a.m. on June 30, 1993. The
bids were opened and publicly read aloud in the offices of the Board, 1801 City
Hall.
The results are as follows:
GATES CIRCLE
OPERATOR MONTHLY FEE
Allright Parking Buffalo Inc. $2,657.27
107 Delaware Ave. - Suite 335
Buffalo, NY 14202
The monthly fee includes a five year amortization pay back for the
operator to install a state of the art revenue control system, five (5) gates,
two (2) ticket dispensers and a power sweeper
BUFFALO GENERAL
OPERATOR MONTHLY FEE
Allright Parking Buffalo, Inc. $2669.13
107 Delaware Ave. - Suite 335
Buffalo, NY 14202
The monthly fee includes a five year amortization pay back for the
operator to install a state of the art revenue control system, four (4) gates,
two (2) ticket dispensers and a power washer/scrubber.
REFERRED TO THE COMMITTEE ON FINANCE AND THE COMPTROLLER.
FROM THE ENVIRONMENTAL MANAGEMENT COMMISSION
No. 11
SEQR Process - Sevin Spraying
Department of Parks
The Environmental Management Commission wishes to comment regarding
the Department of Parks' recent handling of the SEQR process for its decision
on spraying Sevin.
The Commission disagrees with the Corporation Counsel's response to your
Honorable Body in this regard, wherein it is stated that "comprehensive
reporting of available data on the EAF may reasonably lead to a determination
of non-significance, or a negative declaration". It is clear from the
provisions of the State Environmental Quality Review Act and the facts of the
situation that a determination of non-significance and a negative declaration
are insupportable in this instance. The Environmental Management Commission
thus strongly disagrees with the subsequent actual negative declaration on
environmental impact prepared by the Department of Parks. A corrective positive
declaration should be issued by Parks and a full Environmental Impact Statement
should be prepared if Parks still contemplates spraying.
New York State law found in 6NYCRR Part 617.11 lists criteria which lead
to a positive declaration and the preparation of an Environmental Impact
Statement on an action. These include substantial adverse change in air
quality or water quality, impacts on fish or wildlife or habitat, and creation
of a hazard to human health.
In reviewing these guidelines we believe that there are at least
potential issues to be considered. We believe that significant adverse
environmental effects may take place if the spraying program goes forward, and
therefore a full Environmental Impact Statement must be prepared to document
whether in fact such effects will take place and what alternative measures
might be adopted.
The Environmental Management Commission points out that reasonable
truthful responses regarding specific questions in the Environmental Assessment
Form on public controversy, potential public health consequences, potential
worker safety consequences, potential water impact, and alternative approaches
both attempted and possible would lead to the conclusion that an Environmental
Impact Statement should be prepared for this action.
The Commission asks that the Common Council 1) request that the
Department of Law re-evaluate the advice it has offered in this regard, 2)
request that the Department of Parks rescind its negative declaration under
SEQR and, if it still contemplates any spraying, issue a positive declaration,
3) and request, if spraying is still contemplated, that the Environmental
Impact Statement which the facts of the situation clearly require under
relevant law be prepared by the Department of Parks.
REFERRED TO THE COMMITTEE ON LEGISLATION.
FROM THE COMPTROLLER
No. 12
Certificate of Necessity
Transfer of Funds Capital Projects Fund Budget and Management Division of
Buildings
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 $1,700 be transferred and reappropriated from the Capital
Projects Fund - Budget and Management - Planning for Capital Projects account,
as set forth below:
The amounts to be transferred are unexpended balances of items contained
in the budget for the current fiscal year and will not be needed at this time
for the purpose for which they were appropriated.
Dated: Buffalo, New York, June 17, 1993
RECEIVED AND FILED.
No. 13
Certificate of Necessity
Transfer of Funds Capital Projects Fund Budget and Management Division of
Buildings
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 $38,000 be transferred and reappropriated from the Capital
Projects Fund - Budget and Management - Planning for Capital Projects account,
as set forth below:
The amounts to be transferred are unexpended balances of items contained
in the budget for the current fiscal year and will not be needed at this time
for the purpose for which they were appropriated.
Dated: Buffalo, New York, June 17, 1993
RECEIVED AND FILED.
No. 14
Certificate of Determination
$23,120,000 Bond Sale
Certificate of Determination by the Comptroller determining the
terms, form and details of issuance of (1) $19,511,000 Pension System Serial
Bonds 1993-D (federally taxable) (2) $3,609,000 Pension System School Serial
Bonds 1993-E (federally taxable) of the City of Buffalo, New York, aggregating
$23,120,000 and providing for the private sale thereof.
The Bonds are hereby sold at private sale to Paine Webber Incorporated,
New York, New York, as Managing Underwriter on behalf of itself and other
underwriters pursuant to the Contract of Purchase dated June 23, 1993, between
said Managing Underwriter and the City. The Bonds of both issues will be dated
June 15, 1993 and will bear interest at the rate(s) per annum specified by the
underwriters therefor in accordance herewith, payable on February 15, 1994 and
semi-annually thereafter on the fifteenth days of February and August in each
year until maturity.
The Bonds will be delivered and shall be paid for on or about June 30,
1993 in New York, New York.
An Official Statement may be obtained from the offices of the financial
advisor to the City, Government Finance Associates, Inc. of New York, in New
York, at (212) 809-5700, or the office of the Comptroller, Room 1225 City Hall,
Buffalo, New York, at (716) 851-5255.
RECEIVED AND FILED.
No. 15
Comprehensive Annual Financial Report of the City of Buffalo for the Fiscal
Year Ending June 30, 1992
This is to advise that copies of the Comprehensive Annual Financial
Report of the City of Buffalo for the fiscal year ending June 30, 1992 have
been delivered to each Councilmember, the Colon Council Chief of Staff, the
City Clerk, the Mayor and the Budget Office.
This report is available as a public record for inspection by all
interested persons.
Pursuant to Section 35 of the General Municipal Law, the Common Council
of the City of Buffalo may, at its discretion, prepare a written response to
the report of external audit and file such response with the City Clerk as a
public record for inspection by all interested persons.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 16
Audited Financial Statements and
Other Financial Information-
City of Buffalo Enterprise Fund
- Pilot Field
This is to advise that copies of the Audited Financial Statements
and Other Financial Information of the City of Buffalo Enterprise Fund - Pilot
Field for the period beginning on April l, 1992 and ending March 31, 1993, have
been delivered to each Councilmember, the Common Council Chief of Staff, the
City Clerk, the Mayor and the Budget Office.
This report is available as a public record for inspection by all
interested persons.
Pursuant to Section 35 of the General Municipal Law, the Common Council
of the City of Buffalo may, at its discretion, prepare a written response to
the report of external audit and file such response with the City Clerk as a
public record for inspection by all interested persons.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 17
Citywide Telecommunications Audit
This communication is submitted to notify your honorable body
of our intent to conduct a Citywide telecommunications audit of all telephone
line, and ancillary equipment charges. This project, for the first time, will
include the Board of Education, The Buffalo Sewer Authority and The Buffalo
Municipal Housing Authority. I am pleased to announce that all three (3)
entities enthusiastically responded in the affirmative when my office invited
them to participate in what I hope will be a precursor of things to come.
Several months ago we began the tedious process of advertising requests
for proposals (RFP's) to obtain the most favorable terms for the City.
Substantial interest was expressed by a half dozen firms who make this service
their specialty and we received favorable quotes ranging from the high 30's to
the 50 percentile range. For the record, 50% is the industry norm and it
basically results in the auditing firm retaining 50% of the net refund as their
fee. Since that time we delved even deeper and discovered that one of our
responding auditing firms had a N.Y.S. contract for a telecommunication audit.
After lengthy negotiations we have concluded an agreement, subject to your
approval, that calls for a 25% share of the net refund and 25% of the
subsequent 2 years savings after the audit is completed. The 2 year facet of
this agreement will require a budget appropriation in future years, most likely
beginning with fiscal 94-95. The amount of the appropriation required is
unknown at this time but its a win, win scenario for the City. A copy of the
proposed agreement is attached for your review and approval.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 18
Renew Lease Agreement Between the Greater Emmanuel Temple Church
Item No. 121, C.C.P. 3/30/93
Pursuant to Item No. 121, C.C.P. 3/30/93, Your Honorable Body
approved the renewal of the above captioned lease. This lease agreement was
for a one year period commencing on July 1, 1993, and expiring on June 30,
1993.
This office has received a request from the Eld. Robert J. Deas, Pastor
of the Greater Emmanuel Temple Church indicating their willingness to renew
said lease agreement. The annual rental to be charged is One Hundred and
Fifty-five Dollars ($155.00) annually.
Insurance is to be provided saving the City of Buffalo harmless from any
liability per Item #121, C.C.P. 3/30/93 and/or limits to be determined
sufficient by our Law Department.
Therefore, I am recommending that Your Honorable Body approve the request
of the Greater Emmanuel Temple Church to renew their current lease agreement
for one year under the same terms and conditions. I am further recommending
that the Corporation Counsel be authorized to draw the necessary renewal
agreement and that the Mayor be authorized to execute the same.
Mr. Fahey moved:
That the communication from the Comptroller, dated June 24, 1993, be
received and filed; and
That the Comptroller be and hereby is authorized to renew the lease with
the Greater Emmanuel Temple Church, for 1251, 1253-1255 Jefferson Avenue, for a
period commencing as of July 1, 1991, and expiring on June 30, 1995, at an
annual rental of $155.00 (One Hundred and Fifty Five Dollars) 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.
PASSED.
AYES- 13 NOES- 0.
No. 19
Renew Lease Agreement Between the City of Buffalo and South Buffalo Theater,
Inc.
Item No. 18, C.C.P. 11/24/92
Pursuant to Item No. 18, C.C.P. 11/24/92, Your Honorable Body
approved the renewal of the above captioned lease. This lease agreement was
for a one year period commencing on March 1, 1992, and expiring on February 28,
1993. Said agreement had a one year option to renew, which would commence on
March 1, 1993 and terminating February 28, 1994.
This office has received a request from the South Buffalo Theater, Inc.
indicating their willingness to exercise their one year option to renew said
lease agreement. The annual rental to be charged is One Dollar ($1.00)
annually. A recent review of the file indicated that this one year option was
never forwarded to Your Honorable Body for approval
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.
Therefore, I am recommending that Your Honorable Body approve the request
of South Buffalo Theater, Inc. to renew their current lease agreement for one
year under the same terms and conditions. I am further recommending that the
Corporation Counsel be authorized to draw the necessary renewal agreement and
that the Mayor be authorized to execute the same.
Mr. Fahey moved:
That the communication from the Comptroller, dated June 17, 1993, be
received and filed; and
That the Comptroller be and hereby is authorized to renew the lease with
the South Buffalo Theater, Inc. for a portion of former School 29, 2219 South
Park Avenue, for use of the Auditorium, in addition to having access to and use
of Room 105 and the fan room located at the southeast corner of the basement
for storage purposes, which renewal shall cover the period to and including
February 28, 1994, at an annual rental of $1.00 (Only 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.
PASSED.
AYES- 13 NOES- 0.
No. 20
Permission to Negotiate
20 Nash, 60' S Arsenal
Vacant Lot Size: 20' x 102'
Assessed Valuation: $900
The Office of the Comptroller, Division of Real Estate, has received
a request from Mr. Ralph J. Golding of Carol's Coat Co. or Park Avenue Coat
Co., to purchase the above captioned property.
Mr. Golding would like to purchase this property, which is adjacent to
his business, for additional parking space.
The Department of Community Development and the Department of Inspect
ions & Community Revitalization were contact 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 June 24, 1993, be
received and filed; and
That the Comptroller be, and he hereby is authorized to negotiate with
Mr. Ralph J. Golding of Carol's Coat Co. or Park Avenue Coat Co., for the
private sale of 20 Nash and report to this Honorable Body the results of such
negotiations.
ADOPTED.
No. 21
Results of Negotiations 698 East Eagle, NW Corner Emslie
Vacant Lot: 26.28' x 125' East
Assessed Valuation: $800
Item No. 12, C.C.P. 2/16/93
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. Stephen Quinn, Lake Erie News, Distributors, Buffalo, New York to
purchase the above captioned property. Mr. Quinn who owns the property at 694
East Eagle intends to use both 694 and 698 East Eagle for expansion of his
business.
An independent appraisal of the property was conducted by Arrow Appraisal
Service, Inc., Mr. Chester S. Zukowski, Appraiser. He has estimated the fair
market value of the property to be Sixteen Hundred Dollars ($1,600.00). This
represents approximately 50 cents per square foot. The Division of Real Estate
has investigated the sales of similar property in the area. Sale prices range
from 28 cents a square foot to 54 cents a square foot.
The results of our negotiations are that Mr. Stephen Quinn has offered to
pay One Thousand Dollars ($1,000.00) for the subject property. This represents
approximately 30 cents a square foot. He 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 authorize the sale of 698 East
Eagle Street to Mr. Stephen Quinn in the amount of One Thousand Dollars
($1,000.00). I am further recommending that Your Honorable Body authorize the
Corporation Counsel to prepare the necessary documents for closing and that the
Mayor be authorized to execute the same.
Mr. Fahey moved:
That the communication from the Comptroller, dated June 28, 1993, be
received and filed; and
That the offer of Mr. Stephen Quinn, Lake Erie News, Distributors, in the
sum of $1,000.00 (One Thousand Dollars) to purchase the property described as
698 East Eagle, 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 609 Sycamore, SE Corner Johnson
Vacant Lot: 34'x 93' West
Assessed Valuation: $1,500
Item No. 24, 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. Alfonso Shack of 600 Sycamore Street, Buffalo, New York 14212 to
purchase the vacant lot located at 609 Sycamore. Mr. Shack would like to
purchase this property for off street parking purposes, since parking is
limited on his street. Mr. Shack is aware that a variance and permits will be
required.
An independent appraisal of the property was conducted by James H. White,
Appraiser, 537 ,Humboldt Parkway, Buffalo, New York 14208. He has estimated the
fair market value of the property to be Seven Hundred and Fifty Dollars ($750).
This represents approximately 24 cents per square foot for the subject
property. The Division of Real Estate has investigated the sales of similar
property in the area. Sale prices range from 28 cents to 30 cents a square
foot.
The results of our negotiations are that Mr. Alfonso Shack has agreed and
is prepared to pay Eight Hundred and Fifty Dollars ($850) 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.
I am recommending that Your Honorable Body approve the sale of 609
Sycamore to Mr. Alfonso Shack 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 closing and that the
Mayor be authorized to execute the same.
Mr. Fahey moved:
That the communication from the Comptroller, dated June 22, 1993, be
received and filed; and
That the offer of Mr. Alfonso Shack, 600 Sycamore Street, in the sum of
$850.00 (Eight Hundred and Fifty Dollars) to purchase the property described as
609 Sycamore 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. 23
R. Nelson - Request City Pay for Health Insurance
Item No. 81, C.C.P. 6/22/93
In order to receive retirement health benefits from the City of
Buffalo, a person must be retired from active service. Mr. Nelson was laid off
prior to retiring. As such, he is not entitled to medical insurance coverage.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 24
Certificate of Appointment
Appointment effective 7/1/93 in the Department of Audit & Control,
Division of Collections, Kathleen A. Palka, 838 Fillmore Avenue, Buffalo, New
York 14212, to the position of Paralegal Assistant, Permanent, at the
intermediate starting salary of $28,703.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
No. 25
Certificate of Appointment
Appointment effective June 28, 1993 in the Department of Audit
and Control, Division of Audit, Jeni Wozniak, 27 Lombard Street, to the
position of Senior Auditor, Permanent, at the intermediate starting salary of $
29,915.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
No. 26
Certificate of Appointment
Appointment effective June 28, 1993 in the Department of Audit
and Control, Division of Accounting, James E. Barrett, 143 Choate, Buffalo NY,
14220, to the Position of Senior Accountant, Permanent, at the maximum starting
salary of $ 31,801.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
FROM THE COMMISSIONER OF ASSESSMENT
No. 27
P. Holmwood Forgive Interest on Taxes 27 Harbour Point
Item No. 101, C.C.P. 03-16-93
Attached is a copy of my response to this matter which was filed
on March 25, 1993 with the Common Council, Item No. 101, C.C.P. 03-16-93.
In the event Your Honorable Body needs any further information concerning
my response, I am available at your request.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 28
W. Matt Protest Non-Homestead Tax Rate
Item No. 63, C.C.P. 06-08-93
I have read Mr. Matt's letter of May 20, 1993 wherein he expresses
his concern about increased property taxes on his non-homestead properties. He
further states in his letter that the non-homestead tax rate of $36.86 per
$1000 of assessed valuation for the fiscal year 1993-94 will cause him a
financial hardship. In his letter Mr. Matt also refers to an editorial in The
Buffalo News which addresses the issue of inequity between the homestead tax
rate and the non-homestead tax rate.
From the context of Mr. Matt's letter, and his reference to The News'
editorial, I believe that Mr. Matt is seeking a reduction in the non-homestead
tax rate. A reduction of this nature can be accomplished by shifting a greater
portion of the tax levy over to the homestead properties. The New York State
Real Property Law, Section 1903, No. 4 (B & C) allows the local legislative
body to enact legislation that would create such a shift of the tax levy to the
homestead properties. I have enclosed, for your information, a copy of the
above mentioned law. In the event you have any further questions concerning
this matter, I am available at your request.
REFERRED TO THE COMMITTEE ON FINANCE.
FROM THE COMMISSIONER OF PUBLIC WORKS
No. 29
Extension of Contract No. 91667400 C.I.R. Electrical Construction Contract No.
17E - Zebra Mussel Control
In accordance with the terms of the contract between the City
of Buffalo and C.I.R. Electrical Construction, City Contract No. 91667400,
Electrical Work for Zebra Mussel Control, Water Filtration Plant, Contract No.
17E, 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 restoration work could
not be completed until spring.
Accordingly, I have granted an extension of time in the contract with
C.I.R. Electrical Construction. 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.
RECEIVED AND FILED.
No. 30
Extension of Contract No. 91667300
Quackenbush Company
Contract No. 17H - Zebra Mussel Control
In accordance with the terms of the contract between the City
of Buffalo and Quackenbush Company, City Contract No. 91667300, Heating,
Ventilating and Air Conditioning Work for Zebra Mussel Control, Water
Filtration Plant, Contract No. 17H, 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 restoration work could
not be completed until spring.
Accordingly, l have granted an extension of time in the contract with
Quackenbush Company. 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.
RECEIVED AND FILED.
No. 31
Broadway - Fillmore Mental Health Services Request for Free Parking
Item No. 88, C.C.P. 05/11/93
This is in response to C.C.P. #88 of May 11, 1993. This communication
requested that the Department of Public Works allow free parking for personnel
and clientele of Broadway - Fillmore Mental Health Services. In order to
accomplish this, the Department of Public Works would need to establish special
"free parking" zones on City streets.
This Department is opposed to the formation of "special" parking zones in
this region, or any other region of the City. Creation of such a zone in this
area would only lead to requests from other special interest groups (other
medical groups and the like) for the same in their areas (for example along
High Street or Main Street). How do we provide for one and not for another when
parking concerns are of equal weight?
The logistics of "free clinic parking" also becomes a nightmare. How does
one know if a vehicle belongs in the zone or not? If "clinic parking stickers"
are the solution, then how can we be sure they aren't duplicated and/or sold to
other individuals whose vehicles do not belong in the zone? Further, if clinic
personnel & clientele are allowed to park in one zone, would they be allowed
within other zones?
Then there's the question of enforcement. Is this the responsibility of
the Police Precinct in which the zone lies, or the responsibility of the
Division of Parking Enforcement. In either case, additional manpower would be
needed to even attempt to properly enforce these parking zones.
It has been the experience of my Department that a more feasible solution
to this problem is the development of an off-street parking area or the
"leasing/renting" of space in a parking ramp. This would provide safe,
convenient parking for all clinic visitors, and with these people parking in an
off-street location, parking congestion on surrounding streets would be
lessened.
Therefore, the Department of Public Works deems the creation of a "Free
Parking" zone for Broadway - Fillmore Mental Health Services as impractical and
unworkable.
RECEIVED AND FILED.
No. 32
Notification Serial #8301
Permissive Parking - Forest Ave.
40' West of Elmwood Ave and a Point 82' West therefrom
Permissive Parking
In conformity with Section 49 of Chapter 479 of the Ordinances of the
City of Buffalo, the City Engineer hereby notifies your Honorable Body of this
action supplementing, amending, or repealing existing provisions of Chapter 479
of the Ordinances, as stated below, to be effective forty five days after the
first Council meeting at which they appear on the agenda as an item business.
That that part of Subdivision 25 of Section IS of Chapter 479 of
Ordinances of the City of Buffalo be supplemented by adding thereto the
Permissive Parking
following:
Period of Permissive Parking
Permissive Parking Location Effective Daily Except Sunday
Forest Avenue, south side 2 Hour Parking 7am - 7pm
beginning 40' west of Elmwood Ave.
and a point 82' west therefrom
Notification Serial #8302
Repeal Alt. Pkg. Richfield Ave., both sides from South Park Ave. to McKinley
Pkwy.
No Parking
- Repeal In conformity with Section 49 of Chapter 479
of the Ordinances of the City of Buffalo, the City Engineer hereby notifies
your Honorable Body of this action supplementing, amending, or repealing
existing provisions of Chapter 479 of the Ordinances, as stated below, to be
effective forty five days after the first Council meeting at which they appear
on the agenda as an item business.
That that part of Subdivision 24 of Section 15 of Chapter 479 of
Ordinances of the City of Buffalo be supplemented by repealing thereto the
No Parking - Repeal
following:
Prohibited Portion of Highway Prohibited Period
Richfield Avenue, north side 4pm Wed to 4pm Sun
from South Park Ave. to Mckinley Pkwy.
Richfield Avenue, south side 4pm Sun to 4pm Wed
from South Park Ave. to Mckinley Pkwy.
Notification Serial #8303
Install Mt. Pkg. Type I, Richfield Ave., North Side from South Park Ave. to a
point 200' west of McKinley Pkwy.
No Parking
In conformity with Section 49 of Chapter 479 of the Ordinances of the
City of Buffalo, the City Engineer hereby notifies your Honorable Body of this
action supplementing, amending, or repealing existing provisions of Chapter 479
of the Ordinances, as stated below, to be effective forty five days after the
first Council meeting at which they appear on the agenda as an item business.
That that part of Subdivision 24 of Section IS of Chapter 479 of
Ordinances of the City of Buffalo be supplemented by adding thereto the
No Parking
following:
Prohibited Portion of Highway Prohibited Period
Richfield Avenue, north side 4pm Wed to 4pm Sun
from South Park Ave. to a point 200'
west of McKinley Pkwy.
Notification Serial #8304
Install Alt. Pkg. Type I, Richfield Ave., South side from South Park Ave. to a
Point 150' West of McKinley Pkwy.
No Parking
In conformity with Section 49 of Chapter 479 of the Ordinances of the
City of Buffalo, the City Engineer hereby notifies your Honorable Body of this
action supplementing, amending, or repealing existing provisions of Chapter 479
of the Ordinances, as stated below, to be effective forty five days after the
first Council meeting at which they appear on the agenda as an item business.
That that part of Subdivision 24 of Section 15 of Chapter 479 of
Ordinances of the City of Buffalo be supplemented by adding thereto the
No Parking
following:
Prohibited Portion of Highway Prohibited Period
Richfield Avenue, south side 4pm Sun to 4pm Wed
from South Park Ave. to a point 150'
west of McKinley Pkwy.
Notification Serial #8305
Install No Standing Anytime, Richfield Ave., North Side From Mckinley Pkwy. to
a Point 200' West Therefrom
No Standing
In conformity with Section 49 of Chapter 479 of the Ordinances of the
City of Buffalo, the City Engineer hereby notifies your Honorable Body of this
action supplementing, amending, or repealing existing provisions of Chapter 479
of the Ordinances, as stated below, to be effective forty five days after the
first Council meeting at which they appear on the agenda as an item business.
That that part of Subdivision 22 of Section 15 of Chapter 479 of
Ordinances of the City of Buffalo be supplemented by adding thereto the
No Standing
following:
Prohibited Portion of Highway Prohibited Period Daily
Richfield Avenue, north side No Standing Anytime
from McKinley Pkwy. to a point 200'
west therefrom
Notification Serial #8306
Install No Standing Anytime, Richfield Ave., South Side From McKinley Pkwy. to
a Point 150' West Therefrom
No Standing
In conformity with Section 49 of Chapter 479 of the Ordinances of the
City of Buffalo, the City Engineer hereby notifies your Honorable Body of this
action supplementing, amending, or repealing existing provisions of Chapter 479
of the Ordinances, as stated below, to be effective forty five days after the
first Council meeting at which they appear on the agenda as an item business.
That that part of Subdivision 22 of Section 15 of Chapter 479 of
Ordinances of the City of Buffalo be supplemented by adding thereto the
No Standing
following:
Prohibited Portion of Highway Prohibited Period Daily
Richfield Avenue, south side No Standing Anytime
from Mckinley Pkwy. to a point 150'
west therefrom
Notification Serial #8307
Install No Parking on Parkdale Ave. West Side
No Parking
In conformity with Section 49 of Chapter 479 of the Ordinances of the
City of Buffalo, the City Engineer hereby notifies your Honorable Body of this
action supplementing, amending, or repealing existing provisions of Chapter 479
of the Ordinances, as stated below, to be effective forty five days after the
first Council meeting at which they appear on the agenda as an item business.
That that part of Subdivision 24 of Section 15 of Chapter 479 of
Ordinances of the City of Buffalo be supplemented by adding thereto the
No Parking
following:
Prohibited Portion of Highway Prohibited Period
Parkdale Avenue, west side No Parking Any Time
beginning at the south building line
#218 and a point 95' north therefrom
(north building line #224)
Notification Serial #8308
Repeal NSAT - Forest Ave. Elmwood Ave. to a Point 150' West
No Standing - Repeal
In conformity with Section 49 of Chapter 479 of the Ordinances of the
City of Buffalo, the City Engineer hereby notifies your Honorable Body of this
action supplementing, amending, or repealing existing provisions of Chapter 479
of the Ordinances, as stated below, to be effective forty five days after the
first Council meeting at which they appear on the agenda as an item business.
That that part of Subdivision 20 of Section 15 of Chapter 479 of
Ordinances of the City of Buffalo be supplemented by repealing thereto the
No Standing
following:
Public Highway Prohibited Portion of Highway
Forest Avenue from Elmwood Ave. to a point 150'
south side west therefrom
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 33
Street List For Water Line Replacement
Item No. 33, June 22, 1993
Please be advised the following is the list of streets involved
in the Waterline Replacement Project:
Norman Street - between Seneca Street and Pritchard Street
Replacing existing 6 inch and 4 inch waterlines with approximately 1,915
linear feet of new 8 inch ductile iron watermain.
The existing fire hydrants will be replaced with six new fire hydrants
and 6" valves.
Hydraulic Street - between Seneca Street and Carroll Street
Replacing an existing 4 inch waterline with approximately 400 linear feet
of new 8 inch ductile iron watermain.
The existing fire hydrants will be replaced with two new fire hydrants
and 6" valves.
Carroll Street - beginning at Hydraulic Street and extending east past Griffin
Street
Replacing an existing 4 inch waterline with approximately 685 linear feet
of new 8 inch ductile iron watermain.
The existing fire hydrants will be replaced with two new fire hydrants
and 6" valves.
Griffin Street - Beginning at Exchange Street and extending north to Seneca
Street
Installing approximately 170 linear feet of new 8 inch ductile iron
waterline between Carroll Street and Exchange Street.
One new fire hydrant and 6" valve will be installed.
Seymour Street - between Swan Street and ending at Lord Street
Replacing an existing 6 inch waterline with approximately 1,690 linear
feet of new 8 inch ductile iron waterline.
The existing fire hydrants will be replaced with five new fire hydrants
and 6" valves.
Hagerman Street - beginning at Swan Street and extending north to Seymour
Street
Replacing an existing 6 inch waterline with approximately 250 linear feet
of new 8 inch ductile iron waterline.
A new fire hydrant will be installed at the Swan Street intersection.
Temporary water service shall be installed on Swan Street and connected to the
new hydrant on Hagerman only after approval and acceptance of testing results.
Swan Street - at Jefferson Avenue
Replacing an existing 6 inch waterline with approximately 170 linear feet
of new 8 inch ductile iron waterline.
The existing fire hydrants will be replaced with two new fire hydrants
and 6" valves.
Swan Street - beginning at Seymour Street and extending east to Seneca Street
Replacing an existing 6 inch waterline with approximately 680 linear feet
of new 8 inch ductile iron waterline.
The existing fire hydrants will be replaced with two new fire hydrants
and 6" valves.
Houghton Street - beginning at Memorial Drive and extending north to Broadway
Replacing an existing 6 inch waterline with approximately 900 linear feet
of new 8 inch ductile iron waterline.
The existing fire hydrants will be replaced with five new fire hydrants
and 6" valves.
Edison Street - west of Eggert Road
Replacing the existing insulated 8 inch waterline installed on the bridge
over the Kensington Expressway (Route 33) with approximately 178 linear feet of
new insulated 8 inch steel waterline and 150 linear feet of new 8 inch ductile
iron waterline.
The existing fire hydrants at each approach to the bridge will be
replaced with two new fire hydrants and 6" valves.
RECEIVED AND FILED.
No. 34
Solicitation of Funds Application
CCE - Citizens Campaign for the Environment
Attached is an application for Solicitation of Funds for CCE Citizens
Campaign for the Environment to solicit funds in the Buffalo area for an
additional thirty days starting from the approval date of this request. In
accordance with Chapter 316, Article IV of the City of Buffalo Ordinances, I
hereby refer this matter to your Honorable Body.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 35
Report of Bids
Repair and Painting Ferry Street Tank
As authorized by your Honorable Body in Item No. 26 of June 23,
1993 plans and specifications were prepared and sealed proposals accepted for
Repair and painting of Ferry Elevated Water Tank.
I submit the following report of all bids received which were opened in
my office at 11:00 a.m. on Wednesday, June 2, 1993:
Erie Painting and Maintenance- Inc. $117,000.00
999 Rein Road
Cheektowaga, New York 14225
Erie interstate Contractors
5428 Genesee Street
Lancaster, New York 14086 $126,380.00
Atlas Painting and Sheeting Corp.
127 Skillen street
Buffalo, New York 14207 $138,800.00
Allied Coatings Inc.
867 Hopkins Road
Amherst, New York 14221 $162,023.00
G & M painting and Maintenance- Inc.
13915 Village Lane
Riverview, Michigan 48192 $206,275.00
I hereby certify that the foregoing is a true and correct statement of
all bids received and that Erie painting and Maintenance Inc., 999 Rein Road,
Cheektowaga, New York is the lowest responsible bidder for the Repair and
painting of the Ferry Elevated Water Tank with their bid of $ 117,000.00.
I respectfully request that your Honorable Body authorize the
Commissioner of public Works to enter into a contract with Erie painting and
Maintenance, Inc. for the above work in the amount of $117,000.00 and same be
charged to the Division of Water's 416 Capital project Fund 017 account.
The Engineer's estimate for this work was $150,000.00.
Mr. Fahey moved:
That the communication from the Department of Public Works, dated June
30, 1993, be received and filed; and
That the Commissioner of Public Works be, and he hereby is authorized to
award a contract for Repair and Painting Ferry Street Tank to Erie Painting and
Maintenance, Inc., the lowest responsible bidder in the amount of $117,000.00,
with said cost to be charged against the Division of Water's 416 Capital
Project Fund 017 Account.
PASSED.
AYES- 13 NOES- 0.
No. 36
Report of Bids
New Roof Dudley Branch Library
2010 South Park Avenue
I advertised for on June 15, 1993 and received the following sealed
proposals which were publicly opened and read on June 29, 1993.
Jos. A. Sanders, Inc. $49,137.00
McGonigle & Hilger Roofing 63,975.00
Progressive Roofing Co. 71,000.00
I hereby certify that the foregoing is a true and correct statement of
all bids received and that Jos. A. Sanders, Inc. in the amount of $49,137.00 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 B/F 200-402-010 Division of Buildings.
Estimate for this work was $55,000.00
Mr. Fahey moved:
That the communication from the Department of Public Works, dated June
29, 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 Dudley Branch Library to Jos. A. Sanders,
Inc., the lowest responsible bidder in the amount of $49,137.00, with said
funds available in B/F 200-402-010 Division of Buildings.
PASSED.
AYES- 13 NOES- 0.
No. 37
Report of Bids - Vernon Plaza - Curb Relocation And Pavement Reconstruction
Item No. 41, C.C.P. 03/16/93
This is to advise your Honorable Body that I have advertised and
received bids on June 30, 1993 for Vernon Plaza - Curb Relocation.
In obtaining bids for the above project, I have asked for bids on a unit
price covering the various items of work and material which will be performed.
The final cost of the work will be based on the actual measured quantities of
materials entering into the work and may be wither more or less than the total
bid.
The following bids were received:
Tom Greenauer Development, Inc. $48,162.50 (Low)
Destro Brothers Concrete Co. $50,773.50
*Cemulini - Pecoraro Construction Corp. $55,185.00
*M. Passucci Construction, Inc. $70,225.00
*Adjusted Amount
I hereby certify that the lowest responsible bidder for the above project
is Tom Greenauer Development, Inc.
I respectfully recommend that your Honorable Body order the work, the
cost thereof to be charged to the Capital Projects Fund *200-401-021-00-000 in
an amount not to exceed $48,167.50, plus approved unit prices not to exceed an
additional amount of $5,000. The engineer's estimate for this work is
$63,000.00.
The attached is certified to be a true and correct statement of the two
(2) lowest bids received. Under provisions of the General Municipal Law, any
of the bidders may withdraw his bid if an award of the contract is not made by
August 16, 1993. Individual bid submissions are available in our office for
inspection and copies are available upon request.
Mr. Fahey moved:
That the communication from the Department of Public Works, dated July 1,
1993, be received and filed; and
That the Commissioner of Public Works be, and he hereby is authorized to
award a contract for Vernon Plaza, Curb Relocation and Pavement Reconstruction
to Tom Greenauer Development, Inc., the lowest responsible bidder in the amount
of $48,162.50, plus approved unit prices not to exceed an additional amount of
$5,000, with said funds available in the Capital Projects Fund
#200-401-021-00-000.
PASSED.
AYES- 13 NOES- 0.
No. 38
Report of Bids
Arlington Park - Pavement Widening and Curb Replacement
Item No. 39, C.C.P. 3/16/93
This is to advise your Honorable Body that I have advertised and
received bids on June 30, 1993 for Arlington Park-Pavement Widening and Curb
Replacement.
In obtaining bids for the above project, I have asked for bids on a unit
price covering the various items of work and material which will be performed.
The final cost of the work will be based on the actual measured quantities of
materials entering into the work and may be either more or less than the total
bid.
The following bids were received:
Base Alt. "B" Total
* Cemulini-Pecoraro $89,876.25 $18,200 $108,076.25
Construction Corp.
Destro Brothers $101,131.25 $13,000 $114,131.25
Concrete Co. Inc.
* M. Passucci $144,245 $15,600 $159,845.00
Construction Inc.
* Adjusted Amount
I hereby certify that the lowest responsible bidder for the above project
is Cemulini-Pecoraro Construction Corp.
I respectfully recommend that your Honorable Body order the work, the
cost thereof to be charged to the Capital projects Fund #200-717-022 in an
amount not to exceed $108,076.25, plus approved unit prices not to exceed an
additional amount of $16,200. The engineer's estimate for this work is
$114,190.
The attached is certified to be a true and correct statement of the two
(2) lowest bids received. Under provisions of the General Municipal Law, any
of the bidders may withdraw his bid if an award of the contract is not made by
August 16, 1993. Individual bid submissions are available in our office for
inspection and copies are available upon request.
Mr. Fahey moved:
That the communication from the Department of Public Works, dated July 1,
1993, be received and filed; and
That the Commissioner of Public Works be, and he hereby is authorized to
award a contract for Arlington Park, Pavement Widening and Curb Replacement, to
Cemulini-Pecoraro Construction Corp., the lowest responsible bidder in the
amount not to exceed $108,076.25, plus approved unit prices not to exceed
additional amount of $16,200, with said funds available in the Capital Projects
Fund #200-717-022.
PASSED.
AYES- 13 NOES- 0.
No. 39
Change in Contract
Change Order #2
Delaware Ave. -West Ferry to W. Delevan Contract #91654800
Item #32 CCP 5-12-92
During the construction of the Delaware and Delavan intersection
it was agreed upon by the consulting engineer for the project, Bettigole
Andrews & Clark, and the city's traffic engineer, that an Eastbound left hand
turn lane would be warranted. To facilitate this, a new 5 phase controller
assembly will be necessary at a cost of $9000.00
Funds for this controller will be made available by the reduction of 1000
cubic yards of unclassified excavation at $9.00 per cu. yd $9000.00
Reduction of the Delaware Contract
Item 02.110 - 1000 cu. yds = $9000.00
unclassified excavation at $9.00
Addition to the Delaware Contract
Item 05.680.801.25 - solid state 1 at $9000.00 = $9000.00
modular controller- Five Phase
Contract Summary
Original Amount of Contract $1,818,687.50
Deduct Change order #1 70,130.00
Change order #2 -0-
New Contract Sum $1,748,557.50
I hereby request that your Honorable Body approve the change order and
authorize the Commissioner of Public Works to issue said change order to Destro
Brothers, Inc.
Mr. Fahey moved:
That the communication from the Department of Public Works dated June 22,
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 Destro Brothers, Inc, #91654800, at no cost, as
more fully described in the above communication, for work relating to the
construction of the Delaware Avenue - West Ferry to W. Delavan Intersection.
PASSED.
AYES- 13 NOES- 0.
No. 40
Change in Contract
Plumbing Reconstruction of Pools
Various Locations - 1993
I herewith submit to Your Honorable Body the following change
in contract for NuMarco, Inc. C-91697600:
1. Repair recirculation pump
at Crowley St. wading pool. Add $513.00
2. Replace pump seals in
recirculation pumps at
Shoshone Pool. Add $552.00
3. Replace 6" lubricated plug
valve in pool fill line at
Masten Pool. Add $801.00
4. Eliminate acid washing of
filter elements at Centennial
Pool. Deduct $1,205.00
The additions resulted from equipment defects that were not evident
during the bidding documents preparation. The deduction was taken to eliminate
possible damage to the filters.
The foregoing change results in a net increase in the contract of Six
Hundred Sixty-one and 00/100 Dollars ($661.00).
Summary Original Amount of Contract $32,300.00
Amount of this change (No. 1) Add 661.00
Revised Amount of Contract $32,961.00
This change could not be foreseen at the time contract was let. Costs
have been reviewed by the Department of Public Works and found to be fair and
equitable. Funds for this work are in B/F 200-402-063 - Division of Buildings.
I recommend that Your Honorable Body authorize the Commissioner of Public
Works to issue a change order to the contractor as set forth above.
Mr. Fahey moved: That the communication from the Department of Public
Works dated June 21, 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 NuMarco, Inc., C-91697600, a net increase in the
amount of $661.00, as more fully described in the above communication, for
additional work relating to Plumbing Reconstruction of Pools, Various Locations
1993. Funds for this contract are available in B/F 200-402-063-Division of
Buildings.
PASSED.
AYES- 13 NOES- 0.
No. 41
Change in Contract
Reconstruction of Pools
Various Locations - 1993
I herewith submit to Your Honorable Body the following change
in contract for the Nichter Construction Co., Inc. C-91697200:
1. Clean and caulk girts over doors
from pool building to patio deck at
Cazenovia Natatorium. Add $2,047.
2. To power tool with wire brushes
bottom 8'-0" of column faces and
apply additional touch-up coat on
rusted areas with a coat of epoxy
primer, prior to finish coat as
specified at Cazenovia Natatorium. Add $5,313
3. To repair rips and tears in pool
liner at Schiller Pool. Add $ 575
Deterioration was not visible and the debris in pool hid the damage at
time of drawing preparation.
The foregoing change results in a net increase in the contract of
$7,935.00.
Summary Original Amount of Contract $161,700.00
Amount of this change (No. 1) ADD 7,935.00
Revised Amount of Contract $169,635.00
This change could not be foreseen at the time contract was let. Costs
have been reviewed by the Department of Public Works and found to be fair and
equitable. Funds for this work are in B/F 200-402-063 - Division of Buildings.
I recommend that Your Honorable Body authorize the Commissioner of Public
Works to issue a change order to the contractor as set forth above.
Mr. Fahey moved:
That the communication from the Department of Public Works dated June 21,
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 Nichter Construction Co., Inc., C-91697200, a net
increase in the amount of $7,935.00, as more fully described in the above
communication, for additional work relating to Reconstruction of Pools, Various
Locations 1993. Funds for this contract are available in B/F 200-402-063-
Division of Buildings.
PASSED.
AYES- 13 NOES- 0.
No. 42
Change In Contract-Change Order # 3
Resurfacing of City Pavements-1993
Contract # 91698700-Amherst Paving, Inc.
Item No. 44, C.C.P. 03/16/93
I hereby submit to Your Honorable Body the following "no cost"
change order to the Contract for the above named project. This change order is
necessary to enable us to install permanent pavement markings on main
thoroughfares that were resurfaced under the: contract.
Additions:
New Item * Description Unit Price Estimated Quantity Cost
685.0902 Epoxy Reflectorized $0.65/L.F. 28,500 L.F. $18,525
pavement markings
90.900 Mobile Field Office $450/Mo. 6 months $
2,700
TOTAL ADDITIONS $21,225
Deletions:
Item * Description Unit Price Estimated Quantity
Cost
12.445 Yellow Temporary $ 0.30 4,000 L.F. $ 1,200
4" Pavement Stripes
04.110 Asphalt Concrete $33 352.27 Ton $11,625
Fine Top Machine Laid
6403.12 Asphalt Concrete $30 55 Ton $ 1,650
Type 2
403.13 Asphalt Concrete $45 100 Ton $ 4,500
Type 3
403.15 Asphalt Concrete $30 75 Ton $ 2,250
Type 5
TOTAL DELETIONS $21,225
Net Change Order *3 $ -0-
Contract Summary:
Original Amount of Contract $445,090
Change Order #1 50,847
Change Order #2 100,650
Change Order #3 $ 0.00
New Contract Total $596,587
This work will not require an extension of time. I hereby certify that
this change order is fair and equitable for the work involved and respectfully
request that Your Honorable Body approve the above change order and authorize
the Commissioner of Public Works to issue said change order to Amherst Paving,
Inc.
Mr. Fahey moved:
That the communication from the Department of Public Works dated June 30,
1993, be received and filed; and
That the Commissioner of Public Works, be and he hereby is authorized to
issue a change order No. 3 to Amherst Paving, Inc. #91698700, at no cost, as
more fully described in the above communication, for work relating to the
Resurfacing of City Pavements - 1993.
PASSED.
AYES- 13 NOES- 0.
No. 43
Permission to Engage Consultant
Plans and Specifications
Shea's Buffalo Theater-Marquee and
Main Street Window Restoration
I respectfully request Your Honorable Body's permission to engage
a Consultant to prepare plans and specifications, advertise and receive sealed
proposals for the Marquee and Main Street Window Restoration at Shea's Buffalo
Theater.
Funds for this project are available in Capital Project Fund 200-402-021.
Mr. Fahey moved:
That the communication from the Department of Public Works, dated June
28, 1993, be received and filed; and
That the Commissioner of Public Works be, and he hereby is authorized to
prepare plans and specifications and advertise for sealed proposals for the
Marquee and Main Street Window Restoration at Shea's Buffalo Theater, with said
costs to be charged to Capital Project Fund #200-402-021.
PASSED.
AYES- 13 NOES- 0.
No. 44
Permission to Prepare Plans and
Specifications Repair of Water Cuts
I hereby request permission from your Honorable Body for the City
of Buffalo's Department of Public Works - Engineering Division to prepare plans
and specifications and advertise for sealed proposals for the replacement of
pavement, curbs and sidewalks to various areas in the City of Buffalo where
water repairs have been made.
In the course of making temporary repairs to the pavement, after
completing construction of sub-surface water facilities, the Water Division
does not, in all instances, replace the concrete base which by inference is the
purpose and intent of this project. The contractor will be required to remove
all such temporary fill, including any other materials encountered, to a depth
which will coincide with the top elevation of the desired sub-base course, and
install a new concrete base eight (8") inches in thickness and to the same
level as the top surface of the adjacent base.
This project will involve the restoration to original condition of
pavement, curbs and/or sidewalks at and adjacent to approximately seven hundred
(700) locations throughout the City of Buffalo.
Funds for this project are available in the Water Finance Authority's
1992-1993 Capital Projects Water Construction Funds.
Your immediate approval is hereby requested so this project can be bid
and awarded during this construction season.
Mr. Fahey moved:
That the communication from the Department of Public Works, dated June
28, 1993, be received and filed; and
That the Commissioner of Public Works be, and he hereby is authorized to
prepare plans and specifications and advertise for sealed proposals for the
Replacement of Pavement, Curbs and Sidewalks for various areas, with said funds
to be available in the Water Finance Authority's 1992-93 Capital Projects Water
Construction Funds.
ADOPTED.
No. 45
Claim for Wages Various Employees
From June 21 through July 4, 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 June 21 through July 4, 1993:
George Evans 10 days @ $114.922 per day $1,149.22
Michael Farrel 10 days @ $114.922 per day $1,149.22
John Harter 10 days @ $114.922 per day $1,149.22
Joseph Kalinowski 10 days @ $114.922 per day $1,149.22
William Robinson 10 days @ $114.922 per day $1,149.22
Mr. Harter also worked four (4) hours on Monday, May 31, 1993 (Memorial
Day holiday). He was not previously paid for this.
John Harter 18.115/hr x 1.5 (OT rate) 27.173 x 4 hrs $108.69
Please also authorize payment of $108.69 for 4 hours holiday pay for Mr.
Harter.
Mr. Fahey moved:
That the communication from the Department of Public Works, dated June
30, 1993, be received and filed; and
That the Comptroller be, and he hereby is authorized to issue payments
for time worked from June 21, 1993 through July 4, 1993 to the individuals
listed and in the amounts specified in the above communication.
PASSED.
AYES- 13 NOES- 0.
No. 46
3288 Bailey Avenue Awning Within Right Of Way
Mr. Ron Giovino owner of the property located at 3288 Bailey has
requested permission to install an awning which would encroach City right of
way at said address.
The awning would be attached to an existing overhang which partially
encroaches City right of way on the Shirley Avenue side of the property.
The Department of Public Works has reviewed Mr. Giovino's application
pursuant to Chapter 413-56 (awnings, canopies and marquees) of the City
Ordinances and has no objection to your Honorable Body authorizing the
Commissioner of Public Works to issue a "mere License" for said installation
provided the following conditions are met:
1. That the applicant obtain any and all other City of Buffalo permits
necessary for said installation.
2. That the 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 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.
REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD.
No. 47
Alternate Parking Change to 1-side parking on Woodlawn Ave. between Masten &
Michigan Aves.
Item No. 77, C.C.P. 06/22/93
This is in response to C.C.P. #77 of June 22, 1993. This communication
requested on the behalf of Ms. Diann Farley, that the Department of Public
Works investigate the possibility of changing the current parking restrictions
on Woodlawn Avenue between Masten & Michigan.
Currently this section of Woodlawn Avenue contains the following parking
restrictions:
1.) Alternate Parking Type II
2.) No Standing School Days - north side of street
Type II Alternate Parking allows overnight and weekend parking on both
sides of the street. The "No Standing School Days" restriction is only
applicable on days when school is in session.
As we have stated in a previous letter to Ms. Farley, this Department has
no objection to restricting parking on the school side and removing the
restrictions from the residential side of the street. However, we would only
make this change provided a petition favoring this action could be produced,
signed by 75% or more of the property owners on this street.
To date, no such petition has been forthcoming and until such time as
this petition is received, this Department will not take any further action.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 48
Certificate of Appointment
Appointment effective June 21, 1993 in the Department of Public
Works, Division of Water, Peter L. Wachowski, 922 Walden Avenue Buffalo, 14211,
to the Position of Meter Reader, Temporary, at the intermediate starting salary
of $ 21,543.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
No. 49
Certificate of Appointment
Appointment effective July 1, 1993 in the Department of Public
Works, Division of Water, Shelly Marie Geber, 248 East Street Buffalo, 14207,
to the position of Account Clerk-Typist, permanent, at the intermediate
starting salary of $ 21,868.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
No. 50
Certificate of Appointment
Appointment effective 7-1-93 in the Department of Public Works
Division of Engineering, Joseph Hussar Jr., 230 Katherine St. Buffalo, NY
14210, to the position of Assistant Superintendent Street Repair, Temporary, at
the maximum starting salary of $27,500.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
FROM THE COMMISSIONER OF PARKS
No. 51
Exclude Ellicott District From Tree Spraying
#170 C.C.P. 6/22/93
We will comply with the District Councilman's request except where
property owners request spraying.
RECEIVED AND FILED.
No. 52
Exclude the Niagara District from Tree Spraying
Res. #149, C.C.P. June 8, 1993
This department will heed the request of the district councilmember
except if we receive an individual request to have a tree sprayed.
RECEIVED AND FILED.
No. 53
Certificate of Appointment
Appointment effective July 1, 1993 in the Department of Parks,
to the position of Laborer II, Permanent, at the intermediate starting salary
of $ 9.69 hour.
Kevin Derfert, 77 Cable St., Buffalo 14206
Mark Scanlon, 201 Cumberland Ave., Buffalo 14220
Kara Scanlon, 201 Cumberland Ave., Buffalo 14220
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
No. 54
Certificate of Appointment
Appointment effective July 1, 1993 in the Department of Parks,
Anthony Greco, 47 Laforce Pl., Buffalo 14207 to the position of Laborer II,
Permanent, at the Intermediate starting salary of $9.69 hour.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
No. 55
Certificate of Appointment
Appointment effective July 1, 1993 in the Department of Parks
Division of Recreation, Joseph O'Brien, 238 Abbott Rd., Buffalo 14220, to the
position of Laborer II, Permanent, at the Intermediate Starting Salary of $
9.69 hour.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
No. 56
Certificate of Appointment
Appointment effective July 1, 1993 in the Department of Parks,
Timothy Favero, 450 So. Ogden St., Buffalo 14206, to the position of Laborer
II, Permanent, at the intermediate starting salary of $10.00 hour.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
FROM THE COMMISSIONER OF POLICE
No. 57
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 copies of the following checks:
8155-00094424 $ 4,813.16
8155-00094427 1,540.20
8155-00094428 877.20
8155-00094429 1,011.50
8155-00094431 11,389.94
8155-00094432 1,450.95
8155-00094517 1,362.55
8155-00094518 4,284.00
8155-00094519 1,351.50
8155-00094522 2,768.45
8155-00094523 1,532.55
8155-00094525 834.00
8155-00094531 753.10
8155-00094528 547.40
8155-00094535 3,810.10
8155-00094542 5,201.04
8155-00094549 4,635.71
8155-00094463 1,663.45
8155-00094466 2,511.75
8155-00094469 5,178.00
8155-00094470 964.28
8155-00094473 903.55
8155-00094477 2,989.45
8155-00094479 1,653.04
8155-00094484 1,226.55
8155-00094486 2,585.31
8155-00094489 3,155.20
8155-00094314 1,180.00
8155-00094309 1,672.42
8155-00094308 1,380.05
8155-00094306 1,600.00
8155-00094303 360.00
8155-00094300 3,058.34
8155-00094299 1,200.00
8155-00094298 3,029.60
8155-00094287 2,202.00
8155-00094358 25,519.98
8155-00094352 962.58
8155-00094350 860.12
8155-00094348 1,674.50
8155-00094347 2,435.11
8155-00094343 5,224.00
8155-00094329 681.70
8155-00094327 1,258.00
8155-00094325 3,268.80
8155-00094324 901.00
8155-00094323 1,066.75
8155-00094665 70,499.85
8155-00094645 5,756.20
8155-00094668 1,076.95
8155-00094669 3,024.30
8155-00094671 1,080.35
8155-00094672 704.65
8155-00094673 3,026.85
Total $215,698.03
These checks were received by this Department and duly deposited in Trust
& Agency Account # 630-065-271-00-000.
RECEIVED AND FILED.
No. 58
Permission to Accept Donated Vehicle
I respectfully request permission to accept a vehicle donated
by the Defense Logistics Agency of the United States Government. The vehicle
is a 1983 Ford F350 truck. At no cost to the city, this vehicle would help
make the Department more efficient in fighting crime.
Mr. Fahey moved:
That the communication from the Department of Police, dated June 15,
1993, be received and filed; and
That the Commissioner of Police be, and he hereby is authorized to accept
a 1983 Ford F350 truck donated by the Defense Logistics Agency of the United
States Government.
ADOPTED.
No. 59
Certificate of Appointment
Appointment effective June 11, 1993 in the Department of Police
Edward F. Jordan, 57 Trowbridge, Buffalo 14220, to the position of Motor
Equipment Maintenance Supervisor I, Provisional, at the Maximum Starting
Salary of $ 26,442.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
FROM THE CORPORATION COUNSEL
No. 60
Reestablish Task Force on Landlord -Tenant Relations and Housing Conditions
Item No. 128, C.C.P., 6/8/93
I will be happy to serve personally on the Task Force.
RECEIVED AND FILED.
No. 61
Change of Principles M J Peterson Development Corporation
Item No. 62, C.C.P., 6/22/93
I have no comments on the above-referenced matter.
RECEIVED AND FILED.
No. 62
Illegal Demolitions
Masten and Ellicott District
No. 94, C.C.P. 4/13/93
With regard to the above referenced communication, specifically
20 Timon Street, please be advised that this matter is in litigation and is
being handled as expeditiously as possible by this Department.
Where the facts and exposure to liability warrant, it is the position of
the Law Department to settle litigated matters where possible. In order to
make an intelligent and informed settlement recommendation to Your Honorable
Body, it is imperative that we first obtain, through the litigation discovery
process as much information as possible about the case, and in particular,
damages claimed to be suffered by any plaintiff.
Let me assure you that the corporation counsel is not opposed to entering
into settlement negotiations with plaintiff's counsel regarding 20 Timon Street
provided he supplies this office with the requisite documentation
substantiating his claim.
The delays in settlement discussions of this matter alleged by Attorney
Davis are delays attributable to his procrastination in supplying information
lawfully demanded by this office. For example, this lawsuit was commenced by
service of a summons and complaint served upon the city on December 2, 1992.
The city's verified answer to the complaint was mailed December 29, 1992.
Attached to the answer was our demand for a verified bill of particulars
requesting the type of information upon which an assessment of the city's
liability for damages could be made. Under the law, plaintiff's counsel was
required to have responded to the demand within twenty (20) days from the date
of service thereof. He did not respond until May 14, 1993 - a delay of nearly
four months.
The information he has just recently supplied raises other questions
regarding proof of damages. As soon as Mr. Davis can supply further
documentary evidence of the damages claimed, the sooner this department will be
in a position to responsibly discuss his settlement demands.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 63
Boom Box Crackdown
Item No. 147, C.C.P., 6/22/93
Section 386 of New York State Vehicle and Traffic Law, attached,
sets sound level limits for various types of vehicles. Vehicles weighing less
than 10,000 pounds are limited to 76 decibels at 35 mph or less and 82 decibels
at over 35mph. These limits are based on sound levels measured at (or adjusted
to) fifty feet from the center of the lane in which the vehicle is traveling.
Under V&T Section 386 (4), procedures and instrumentation are set by the
Commissioner of Environmental conservation.
While this law was apparently originally intended to regulate loud engine
or muffler noise, it applies to operating a vehicle "...in such a manner as to
exceed the applicable sound level..." We see no reason that this law should not
apply to sound systems within vehicles. Section 386(2) states that "this
section shall apply to the total sound level emitted from a motor vehicle..."
It should be noted that Section 293-4 of the code, subsection D, concerns
the use and operation of a sound reproduction device in a vehicle. Moreover,
Section 293-4 (A) prohibits the use of such a device in a public right-of-way
"...which, by causing noise, annoys or disturbs the quiet, comfort or repose of
a reasonable person of normal sensitivities."
Playing "boom-boxes" at earsplitting volume in cars is probably in
violation of both the city noise ordinance and the State Vehicle & Traffic Law.
REFERRED TO THE COMMITTEE ON LEGISLATION.
FROM THE COMMISSIONER OF COMMUNITY DEVELOPMENT
No. 64
Delaware Park Ring Road Path SEQR Lead Agency Designation
Please be advised, prior to the implementation of the above-referenced
project, the requirements of the New York State Environmental Quality Review
Act (SEQR) must be satisfied.
The project, as defined under SEQR, is a Type 1 action. As per Section
617.6 of the regulations, a Lead Agency responsible for determining the effect
of the action on the environment must be designated from among the involved
agencies within 30 calendar days of the date of this letter. The Department of
Community Development proposes to assume Lead Agency status for this project
and respectfully requests your consent to this designation. The project
Environmental Assessment Form (EAF - long form as per 617.6) is enclosed for
your review.
In addition, this Lead Agency request was submitted to all the other
involved agencies, which are the Department of Public Works and the Parks
Department.
If your Honorable Body has no objections to the designation of the
Department of Community Development as Lead Agency, please sign this letter and
return it to the Division of Planning at Room 901 City Hall, Buffalo, New York
14202.
Mr. Fahey moved:
That the communication from the Department of Community Development,
dated July 1, 1993, be received and filed; and
That the Common Council accepts and approves of the designation of the
Department of community Development as Lead Agency for the Delaware Park Ring
Road Path.
ADOPTED.
No. 65
Northern Light Dev. - Offer
Purchase/Develop 380 N. Oak
Item No. 82, C.C.P. 6/22/93
The Department of Community Development cannot be enthusiastic
about selling this property to the Northern Light Development Co. given its
track record to date with the Genesee Village Project. In addition to the
current request by the Northern Light Development Co., we have been approached
by several other parties interested in either leasing or purchasing 380 N Oak
Street from the City. Several of these parties proposed entertainment oriented
uses which would enhance the offerings of the Theatre District: a long-standing
goal of this Department. These potential lessors/purchasers were advised to
sit tight until the matter involving the relocation of the City's animal
shelter was resolved.
If this property is now available for disposition, we would recommend the
lease or sale of this property to a user which would put the property to
immediate use as an added cultural or entertainment attraction. We would not
recommend the disposition of this parcel for a use incompatible with the
Theatre District or disposition on a speculative basis.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 66
PZR Enter. Purchase Paper St. Seward to River
Item No. 83, C.C.P. 6/22/93
The Division of Planning opposes the sale of the paper streets
at the west end of Willett, Holly and Fenton streets, which lie between Seward
Street and the Buffalo River. Our opposition is based on the fact that the
sale of the above properties would landlock other city-owned properties
fronting on the Buffalo River. We also believe that it would be inappropriate
to consider the sale of any of these city-owned waterfront parcels until the
City's Local Waterfront Revitalization Program is adopted.
As required by the City Charter, your Honorable Body should refer this
item to the City Planning Board.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 67
E.A.F. P. Silvestri - Request to Encroach
Right-of-Way at 138 Delaware Ave.
(corner W. Huron)
Item No. 41, C.C.P., June 22, 1993
Attached for your information is the Short Environmental Assessment
form for the matter captioned above.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 68
New Buffalo Industrial Park
Approval of LDA-CVM Electric, Inc. Buffalo, Ltd.
Portion of Disposition Parcel 4
The City of Buffalo Urban Renewal Agency duly designated CVM Electric,
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. 69
New Buffalo Industrial Park
Approval of LDA-Midway-CTS Buffalo, Ltd.
Portion of Disposition Parcel 5
The City of Buffalo Urban Renewal Agency duly designated Midway-CTS
Buffalo, Ltd. 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.
FROM THE COMMISSIONER OF STREETS
No. 70
Certificate of Appointment
Appointment effective June 17, 1993 in the Department of Street
Sanitation, Richard Petruzzi, 304 Wellington Rd., Buffalo, New York 14216, to
the position of Truckdriver, Permanent, at the Intermediate Starting Salary of
$21,599.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
FROM THE COMMISSIONER OF INSPECTIONS AND COMMUNITY REVITALIZATION
No. 71
Authorization To Order Demolitions
During Council Recess
In order to expedite demolition proceedings which will be necessary
during the month of August when your Honorable Body is recessed, your
authorization to proceed during said recess is hereby requested, with the
understanding that bids will be reported in accordance with established policy.
Mr. Fahey moved:
That the communication from the Department of inspections and Community
Revitalization, dated June 23, 1993, be received and filed; and
That the Commissioner of inspections and Community Revitalization is
authorized to award demolition contracts during the month of August, 1993 while
the Common Council is on recess, with the condition that the bids be reported
to the Common Council in accordance with established policy.
PASSED.
AYES- 13 NOES- 0.
No. 72
HOME Funding for 909, 913 and 915 Michigan Avenue
Consistent with the attached B.U.R.A. item, the Department of
Inspections and Community Revitalization hereby requests Common Council
approval to provide $17,625 in HOME program funding for the rehabilitation of
909, 913 and 915 Michigan Avenue.
The details of the proposed project are included in the attached
materials. Should you require any further information, please do not hesitate
to contact David E. Pawlik, of my department at ext. 4009.
Thank you for your consideration and support.
REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT.
No. 73
Report of Emergency Demolition of 231 Cherry Street
Due to the very serious and hazardous condition of the property
located at 231 Cherry Street, inspections were conducted by this department and
it was determined that immediate action was necessary due to (1) the structural
condition of the building and/or (2) the resulting dangerous and hazardous
condition which exists at this location, i.e., in accordance with guidelines
outlined in Chapter 113 of the Ordinances of the City of Buffalo. Please be
advised, therefore, that offers to demolish were solicited on July l, 1993 and
that the contract will be awarded to the lowest responsible bidder:
ADDRESS/ OWNER CONTRACTOR/AMOUNT OF BID
231 Cherry Street Integrated Waste Special Services
Grady Emily Wood
231 Cherry Street $9,800.00
Buffalo, New York
Please be further advised that the sewer and water services will be
terminated by the demolition contractor and this cost is included in the cost
of the project.
We, therefore, respectfully request that upon approval by your honorable
body and inspections made by this department, that the cost of the project be
charged to the Special Assessment Fund #500-000-002-00000, and that said cost
shall be collected against the owner or person in possession benefitted under
the provision of Chapter 113 of the Ordinances.
Mr. Fahey moved:
That the communication from the Department of Inspections and Community
Revitalization, dated July 1, 1993, be received and filed; and
That the award by the Commissioner of Inspections and Community
Revitalization of an emergency demolition contract to Integrated Waste Special
Services at a cost of $9,800.00, relating to 231 Cherry Street, is hereby
confirmed, ratified and approved, with said cost to be charged against Special
Assessment Fund 500-000-002-00000, and that said cost shall be collected
against the owner or person in possession of the premises and/or shall be
assessed against the property benefitted, in accordance with Chapter 113, of
the Ordinances of the City of Buffalo.
PASSED.
AYES 13 NOES- 0.
No. 74
Oppose Non-Bidding Lead Testing
Item #55, C.C.P. 6/8/93
The following is in response to Item #55, C.C.P., 6/8/93, which
was referred to this department for comment; this communication will supplement
information contained in our Item #60, C.C.P. 5/11/93. We welcome the
opportunity to address Mr. Brown's allegations and incorrect accusations.
Mr. Brown states that he is not associated with Optex Environmental, and
that his association is with "Lead Detection Services of WNY". You will note,
however, that an invoice dated 4/27/92 (copy attached) was issued by the
Warrington Corp. to Optex Environmental, Attention: Mr. Bernie Brown, for a
training seminar conducted by the Warrington firm. In addition, Mr. Brown's
communication contains an admission and reference to the fact that he was paid
to train inspectors. This department's attempts to verify the existence of
"Lead Detection Services of WNY" have been to no avail, i.e. the following
resource materials were used:
(1) title search conducted at Erie County Hall reflects no such company name:
records dating back to the year 1969 were searched:
(2) the following business reference guides were searched at the Erie County
Public Library and none contained reference to the firm -
New York State Directory of Mfgs.
Macraes Industry Directory
Dunn's Regional Business Directory
New York Telephone Directory
The RFP which Mr. Brown claims he was unable to locate by way of a
microfiche search was published in the Buffalo News on 8/17/92. A copy is
attached for your information and reference, as well as a list of respondees
which includes Seneca Lead Testing. It is important to note that neither Optex
Environmental nor "Lead Detection Services of WNY" responded to our request for
proposals. This same list was referred to the Department of Labor for
verification of licensed XRF handlers. The results of that search, as
determined by Mr. Andrew Awai, Associate Radiophysicist, Radiological Health
Unit, reflected Seneca Lead Testing and Buffalo Testing Co. as the only firms
registered with the DOL as licensed to store and transport an XRF machine of
these two firms, Seneca Lead Testing was the only certified MBE.
Mr. Brown is correct in noting that the City's Lead Based Paint Ordinance
(Chapter 261) was enacted in July 1991 in its original format. Enforcement has
been delayed, however, in order to address necessary changes and amendments
which have since been proposed by the Lead Action Task Force and which are
currently undergoing review by Corporation Counsel staff, namely, by Mr. David
State, prior to submission to Your Honorable Body for final approval. It would
serve no useful purpose to proceed with enforcement activity prior to approval
and incorporation of the amendments.
The intent of Mr. Brown's comments in regard to Seneca Lead Testing's
license to store and transport XRF' analyzers is unclear. The fact remains
that New York State requires the license in order to use an XRF analyzers,
please feel free to contact the N.Y.S. Dept. of Labor (as we did some time
ago), Mr. Andrew Awai, Associate Radiophysicist, Radiological Health Unit of
the N.Y.S. Department of Labor Division of Safety and Health, One Main Street,
Room 813, Brooklyn, New York 11201.
In response to Mr. Brown's inquiry concerning Seneca Lead Testing's
minority status, please refer to the firm's certification as a "Bonafide
Minority Business Enterprise", dated 6/6/92 (copy attached), from the City of
Buffalo Department of Human Resources.
We disagree with Mr. Brown's assessment that his "long hours" and "months
of work" spent trying to secure a license for the City was an "unbearable
task". Staff within this department have no record of any contact with Mr.
Brown after the purchase of the XRF machine for which he received a commission.
On the contrary, however, and as we stated in our prior communication to Your
Honorable Body, subsequent to Mr. Brown's failed commitment to secure a license
on our behalf we contacted the appropriate State agency directly --- it took
only one phone call to the State and a two-week waiting period to receive the
license! In addition, Mr. Brown's allegation that documentation which he
prepared was used in securing the license is totally incorrect. The City's
40-plus page application to the State Department of Health, which bears little
or no resemblance to the application format used by the State Department of
Labor, was prepared and assembled by staff within this department without any
help or assistance from Mr. Brown.
Reference Mr. Brown's final request for evidence of a vendor I.D., please
be advised that the firm has not issued an invoice. As an active participant
at a monthly Lead Action Task Force meetings over the past year, the Seneca
Lead Testing offer to provide training and classroom instruction on lead based
paint detection and worker safety were seen as a unique opportunity for our
staff to prepare for the enactment of legislation at the City, State, and
Federal levels. Seneca Lead Testing's presentations to the Task Force have been
a valuable source of information for both the Task Force and the Department of
Inspections and Community Revitalization. Their video presentation using
Inspections and Community Revitalization trained, certified personnel at
various City sites depicting typical lead based paint situations proved to be
very useful for presentations regarding the City's preparations for dealing
with the lead based paint crisis.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 75
Harlow New Housing Project Approval of Land Disposition Agreement Empire
Development Company
The City of Buffalo Urban Renewal Agency duly designated Empire
Development Company, and/or a joint venture, partnership, corporation or other
legal entity to be formed as the qualified and eligible Redeveloper for the
subject Project.
Please be advised that in accordance with the provision 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. 76
Masten New Housing Phase 1 Amendment to Land Disposition Agreement Omega Homes,
Inc.
The City of Buffalo Urban Renewal Agency duly designated Omega
Homes, Inc., and/or a joint venture, partnership, corporation or other legal
entity to be formed as the qualified and eligible Redeveloper for the subject
Project.
Please be advised that in accordance with the provision 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. 77
Masten New Housing Project Phase IIB Amendment to Land Disposition Agreement
BBZ Development Company
The City of Buffalo Urban Renewal Agency duly designated BBZ Development
Company, and/or a joint venture, partnership, corporation or other legal entity
to be formed as the qualified and eligible Redeveloper for the subject Project.
Please be advised that in accordance with the provision 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 amended 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. 78
Emslie NDP New Housing Project Amendment to Land Disposition Agreement M J
Ogiony Builders, Inc. -
The City of Buffalo Urban Renewal Agency duly designated M J Ogiony
Builders, Inc., and/or a joint venture, partnership, corporation or other legal
entity to be formed as the qualified and eligible Redeveloper for the subject
Project.
Please be advised that in accordance with the provision 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. 79
Clinton-Emslie New Housing Phase II Amendment to Land Disposition Agreement
Burke Brothers Construction, Inc.
The City of Buffalo Urban Renewal Agency duly designated Burke
Brothers Construction, Inc., and/or a joint venture, partnership, corporation
or other legal entity to be formed as the qualified and eligible Redeveloper
for the subject Project.
Please be advised that in accordance with the provision 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.
FROM THE COMMISSIONER OF ADMINISTRATION AND FINANCE
No. 80
Handicapped Parking
Item No. 164, C.C.P. 05/11/93
The above resolution was referred to this office requesting the
Director of Parking Enforcement and the Traffic Engineer designate parking
zones not presently allowed to individuals displaying a handicapped permit.
The Division of Parking Enforcement is opposed. Allowing parking in
areas where parking is prohibited will not only create a hazardous situation,
but preferential parking. Our ability to enforce the parking regulations
equitably will be undermined.
We also realize handicapped spaces are utilized by unauthorized
individuals. It is the policy of this office to tag and tow vehicles parked in
an area designated for the handicapped.
This request should be referred to the Advocacy Office for People with
Disabilities for their opinion.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 81
Certificate of Appointment
Appointment effective July 1, 1993 in the Department of Administration
and Finance, Division of Labor Relations, Roberta Coax, 60 Clayton Street,
Buffalo, New York 14207 to the position of Assistant Accountant, Permanent at
the intermediate starting salary of $25,942.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
FROM THE COMMISSIONER OF GENERAL SERVICES
No. 82
Auction of Surplus Vehicles/Equipment
On June 30, 1993 The Department of General Services accepted sealed
and open bids for the sale of surplus vehicles and equipment from the
Departments of Police, Public Works and Streets Sanitation. Photographs of the
auctioned items are enclosed. Request your approval to dispose of these items
to the high bidders listed as follows:
Item Bidder High Bid Account
P-61 1980 Buick Leroy Ryan 130.00 General
P-214 1982 Olds Jerry Lewandowski 400.00 General
P-906 1989 Dodge South Buffalo Cab Co 300.00 General
P-434 1984 Olds 2060 Auto Parts 190.00 General
P-702 1987 Plym 2060 Auto Parts 300.00 General
P-707 1987 Plym S. Buffalo Auto Parts 125.00 General
P-904 1989 Dodge South Buffalo Cab 400.00 General
P-911 1989 Dodge S. Buffalo Auto Parts 50.00 General
P-912 1989 Dodge S. Buffalo Auto Parts 50.00 General
P-837 1988 Plym S. Buffalo Auto Parts 325.00 General
P-943 1989 Dodge S. Buffalo Auto Parts 250.00 General
P-942 1989 Dodge J & J Auto 80.00 General
P-621 1986 Plym Ed Jordan 375.00 General
P-171 1981 Buick Nathan Wright 175.00 Trust/Agency
P-202 1982 Chev S. Buffalo Auto Parts 250.00 Trust/Agency
Monte Carlo
P-209 1982 Chev Leroy Ryan 175.00 Trust/Agency
Caprice
P-389 1983 Jeep Richard Singleton 1125.00 Trust/Agency
P-392 1983 Chev Nathan Wright 175.00 Trust/Agency
P-525 1985 Cadillac 2060 Auto Parts 1350.00 Trust/Agency
P-598 1985 Toyota J & J Auto 1425.00 Trust/Agency
Cressida
P-654 1986 Ford Van S. Buffalo Auto Parts 1625.00 Trust/Agency
P-761 1987 Nissan Nino Conte 2625.00 Trust/Agency
P-393 1983 Chev S. Buffalo Auto Parts 350.00 Trust/Agency
Caprice
S-746 1976 El gin Broom Bison Truck 1868.88 General
Sweeper
S-1267 1984 White Packer Bison Truck 3888.88 General
SR-016 1988 Lodal Truck & Parts of Ohio 4871.00 General
B-719-S 1979 Mack Bison Truck 5188.88 General
Tractor
P-211-S 1982 Chevy Wagon Alden Truck 56.00 General
S-224 1983 Chrysler Alden Truck 56.00 General
E-102 1981 G.M.C. Van Casey's Truck 108.00 General
E-301 1983 Ford Van Ed Henning Inc 81.00 General
E-510 1979 G.M.C. Dump Alden Truck 956.00 General
E-514 1979 Ford Van Ed Henning 81.00 General
E-516 1979 Ford Van Ed Henning 81.00 General
E-537 1983 Chevy Dump Alden Trucks 489.00 General
E-584 1986 Plymouth Van Jeffery Freiert 400.00 General
E-508 1979 G.M.C. Dump D & K Auto 1450.00 General,
E-905 1979 Ford 3/4 Casey's Truck 208.00 General
Pick-up
Mr. Fahey moved:
That the communication from the Department of General Services, dated
July 1, 1993, be received and filed; and
That the Commissioner of General Services be, and he hereby is authorized
to dispose of surplus vehicles/equipment, as listed in the above communication,
to the highest bidders.
PASSED.
AYES- 13 NOES- 0.
FROM THE CIVIL SERVICE COMMISSION
No. 83
Certificate of Appointment
Appointment effective July 1, 1993 in the Department of Municipal
Civil Service Commission, Phyllis A. Gerard, 36 Arundel Road, Buffalo 14216, to
the position of Personnel Specialist I, Permanent, at the Maximum Starting
Salary of $30,370.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
No. 84
Certificate of Appointment
Appointment Effective July 1, 1993 in the Department of Municipal
Civil Service Commission, Barbara A. Slisz, 120 So. Pontiac Buffalo 14206, to
the position of Personnel Specialist I, Permanent, at the Maximum Starting
Salary of $30,370.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
FROM THE BOARD OF EDUCATION
No. 85
Use of additional $3.5 million which the Common Council Allocated
to the Board of Education.
The Board of Education members have received the budget document for the
1993-1994 year, as recommended by the Superintendent.
The additional $3.5 million approved by the Common Council allowed the
School District to restore all Pre-Kindergarten classes (25 teachers) to a full
day instead of half day-sessions. In addition, the monies appropriated allowed
49 Kindergarten classes to also remain at full day instead of half day
sessions. Please see budget sheet attached.
(49 + 25) 74 teachers Average Salary $38,000 X $2,812,000 + $703,000
fringe benefits (25%) equals a total of $3,515,000.
This recommendation has been received by the Board Members and I will
inform you of any changes.
REFERRED TO THE SPECIAL COMMITTEE ON EDUCATION.
No. 86
Establish Residency Requirements and Salary Reforms
Item No. 144, C.C.P. 6/22/93
The Board of Education has not yet decided whether or not to support
a residency requirement for teachers and administrators. Civil Service staff
are requested to be residents at the Lime of appointment.
My recommendation to the Board, which was transmitted to each Council
Member from the Executive Committee, reviewed the result of thirteen (13) years
of experience with such a rule.
There is no evidence that, during the thirteen (13) years there was an
increase in the number of middle income families in the City;
There is no evidence that non residents show any more or less commitment
to their teaching than do residents;
There is no evidence that non residents show any more or less pride in
their schools or students than do residents;
There was during the thirteen (13) years of implementation of the
residency rule no increased demand for new housing that could be related to it
in a cause and effect way;
There was no increase in owner occupied homes that resulted from the
rule;
There was no demonstrable impact on neighborhood businesses;
There was no cause and effect relationship between residency and care for
the school system;
There was no increase in demand for housing stock;
Nor were there dramatic cause and effect changes in these factors when
the rule was repealed by the Board.
There is also no evidence that there was a decrease in any of these
factors that was related in a cause and effect way to the elimination of the
residency rule in 1988.
During the period 1976-1988 when the rule was in effect local support for
schools increased from $44.5 million to $49.3 million: An increase of 10.7%.
During the same period the total school budget and state aid for schools
increased from $111.2 million and $57.6 million to $273.0 million and $200.8
million respectively: increases of 145.5% and 248.6% respectively. That means
local support for schools during the period of residency requirements was
reduced from 40.0 % of the school budget to 24.6% of the school budget.
In the period following through 1992-93 local support further
deteriorated to less than 17.0% of the schools operating budget.
It seems that neither a residency rule nor the lack of a residency rule
has had a positive impact on the local funding of schools. Now, however, when
the Council has taken the admiral action of increasing local support for
schools presumably to improve the quality of education that would otherwise be
provided, that action is clouded with a specious argument for residency.
Quality education is the best possible attraction for accomplishing the
outcomes proposed in the Whereas reasonable clauses of the resolution. There is
simply no evidence that municipal employees who reside in the community show a
greater commitment than those who live elsewhere. If that were true the laws
governing residence critical services of police and fire employees would have
long been changed.
Our experience during the 1992-93 school year was that:
1) a significant middle class remains in the city because of quality
schools;
2) a significant middle class has relocated to Buffalo because of quality
schools;
3) a significant middle class will relocate from Buffalo if the district
is unable to maintain quality schools.
Our experience is documented by the voluminous correspondence from such
citizens to Judge John T. Curtin over proposed changes in school programs and
the Judge's order regarding some changes.
The arguments for residency is a dog that won't hunt.
Without preface the resolution asks for a look at salary reform. For a
district that pays its professional staff at among the lowest rates in the
State of New York and whose staff is raided by adjacent districts with salaries
that range up to 30 % higher, salary reform must mean raises. Somehow I do not
think that is what the Council has intended.
The resolution and this commentary have been forwarded to the Board for
its determination.
REFERRED TO THE SPECIAL COMMITTEE, ON EDUCATION.
FROM THE BUFFALO SEWER AUTHORITY
No. 87
Request Restudy of Buffalo River Flood Plain
Item No. 130, C.C.P. 06/08/93
Following receipt of the referenced Council Resolution, the Buffalo
Sewer Authority obtained from the Town of West Seneca an updated Federal
Emergency Management Agency flood plain map of the Buffalo River.
This updated map was compared to the existing flood plain map of the
Buffalo River within the City of Buffalo. Based upon a comparison of the
existing and updated flood plain maps, the Buffalo Sewer Authority has reached
the conclusion that it is unnecessary to restudy the Buffalo River flood plain
within the City of Buffalo.
Consequently, the Buffalo Sewer Authority will not be requesting a
restudy of the Buffalo River flood plain from the Federal Emergency Management
Agency.
REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT.
No. 88
Maintaining the Existing Sewer Line on York Street
The referenced sewer services properties along the north side
of York Street between Fifteenth Street and Sixteenth Street. The exact
location and depth of the sewer is unknown. However, it is somewhere near the
back property lines of the houses served, on private property, and it is likely
that the garages along the back property line encroach on the sewer.
At this time the Buffalo Sewer Authority will perform internal televising
of the sewer in Sixteenth Street to try to determine the location of the sewer
in question. Test pits may be dug and a manhole may be constructed in
Sixteenth Street to further aid in televising and cleaning the sewer as
required.
If, as suspected, the existing sewer runs under the garages and/or an
easement of sufficient width cannot be obtained, this matter will be given to
the Corporation Counsel to determine the course of action that will be taken by
the Authority.
REFERRED TO THE COMMITTEE ON LEGISLATION.
FROM THE BUFFALO MUNICIPAL HOUSING AUTHORITY
No. 89
City Subsidy of State Low- Income Housing Program
The City of Buffalo Comptroller's Office has informed the Buffalo
Municipal Housing Authority that BMHA invoices for the State Low-Income Housing
Program unpaid deficit of $358,009.95 for City Fiscal Year July 1, 1990 to June
30, 1991 and $483,521.66 for City Fiscal Year July 1, 1991 to June 30, 1992
must be presented to the Common Council as Judgment and Claim transactions
since they represent unpaid debts from former Fiscal Years and were not
appropriated in the budgets for those years.
The BMHA State Low-Income Housing Program, which currently houses 314
families at Frederick Douglass Towers and 201 families at Ferry-Grider Homes,
may be required to seriously curtail operations unless the funding necessary to
run the program is received from the City.
Under the Consolidated Loan and Subsidy Agreement of 1961 between the
City, the State and the BMHA, the State's contribution to the City's low-income
housing program is fixed at a maximum of $1.3 million, the City's contribution
(set in the Loan and Subsidy Agreement as a minimum of $1.3. million) must make
up the difference, in order for the State program to operate. The BMHA is
charging the maximum amount of rent possible to welfare recipients, who
comprise over 50 percent of -the State Program; other tenants pay between 23
and 25 percent of their income for rent. Any rent increase would have to be
approved by the State, would likely cause more vacancies in the State Program,
and cannot be justified due to the lack of funding for major renovation since
the buildings were opened in 1953 (Ferry Grider) and 1959 (Frederick Douglass
Towers).
The City of Middletown, NY, in April, 1991, was found by NY Supreme Court
to be liable to the Middle town Housing Authority under the Loan and Subsidy
Agreement for paying the Middletown Housing Authority's State Program deficit,
upon proof of the existence of a deficit. Attached please find copies of NYS
Department of Housing and Community Renewal approval letters of the BMHA's
State Program Operating Budget for April 1, 1990 to March 31, 1991; April 1,
1991 to March 31, 1992; and April 1, 1992 to March 31, 1993. The State's
approval of this budget serves as their certification that operating and
maintenance costs are accurate and at a minimum or reasonable level. Attached
also are independent audits of the State Program for State Fiscal Year 1990 to
1991 and 1991-1992. The State Fiscal Year 1992-93 audit is not yet completed.
The State Fiscal Year runs from April 1 to March 31.
The BMHA submits, at this time, a total claim of $841,531.61 to the
Common Council as a judgment and claim transaction and urges the Council to act
expeditiously. Please contact myself if you require any further information.
PLEASE NOTE THAT THIS CLAIM INCLUDES ONLY THE PAST DUE AMOUNTS FROM THE
CITY FISCAL YEARS 1990/91 AND 1991/92. It does not include State Program
deficits from the 1992/93 fiscal year, which will be submitted as a claim upon
assessment of the final total and independent audit to the State Program.
REFERRED TO THE COMMITTEE ON CLAIMS.
FROM THE CITY CLERK
No. 90
Auto Allowance
The following departments have filed the required certificate
relative to the granting of automobile transportation allowances for employees
in their respective departments:
Human Resources - Willie E. Johnson
Public Works - Peter L. Wachowski
RECEIVED AND FILED.
No. 91
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- Karen Marshall, Janet SanFilippo
Inspections and Community Revitalization- Pamela Mix-Rush
Administration and Finance- Diane Boyce, Margaret Malkinski
Human Resources- Denise Green
RECEIVED AND FILED.
No. 92
Reports of Attendance
I transmit herewith communications received by me, from the various
boards, commissions, agencies and authorities reporting the membership
attendance at their respective meetings:
City Planning Board
Zoning Board of Appeals
RECEIVED AND FILED.
No. 93
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.
Appointment effective June 21, 1993 in the Department of City Clerk, Judy
Pellegrino, 11 Mayer, Buffalo, 14207, to the position of Intern III, Seasonal,
at the flat starting salary of $5.00 hr.
Appointment effective June 26,1993 in the Department of the Common
Council, Damion R. Diggs, 284 Hempstead Ave., Buffalo, NY 14215, to the
position of Intern III, Seasonal, at the flat starting salary of $5.00 hr.
Appointment effective June 18, 1993 in the Department of City Clerk, Eric
S. Cunningham, 19 Doyle St., Buffalo, 14207, to the position of Intern IV,
Seasonal, at the flat starting salary of $6.00 hr.
Appointment effective June 22, 1993 in the Department of City Clerk, Nina
F. Eucaliptus, 299 Commonwealth Ave., Buffalo 14216 to the position of Intern
IV, Seasonal, at the flat starting salary of $6.00 hr.
Appointment effective June 26, 1923 in the Department of Common Council,
to the position of Intern IV, Seasonal, at the flat starting salary of $ 6.00
hr.
Judith A. Campbell, 213 Orlando St., Buffalo, NY 14210
Tanika R. Holmes, 267 Highgate Ave., Buffalo, NY 14215
Lori Ann Rich, 27 Norwalk, Buffalo, NY 14216
Haleema A. Halim, 92 Ericson Ave., Buffalo, NY 14215
Sharrilynn R. Pugh, 32 Tracy St., Buffalo, NY 14201
Appointment effective July 1, 1993 in the Department of Common Council.
Susan M. Malesky, 41 Kail St., Buffalo NY 14207 to the position of Intern VI,
Seasonal, at the flat starting salary of $8.00 hr.
No. 94
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 AUDIT AND CONTROL
Appointment effective July 1, 1993 in the Department of Audit
and Control, David C. Fieramusca, 347 Parkside Ave. Buffalo, NY 14214 to the
position of Laborer I, Seasonal, at the flat starting salary of $6.22 hr.
Appointment effective June 28, 1993 in the Department of Audit and
Control, Division of Real Estate, Kelly B. Lickers, 292 Lexington Ave.,
Buffalo, NY 14222 to the position of Laborer I, Permanent, at the minimum
salary of $17,255.
Appointment effective June 28, 1993 in the Department of Audit and
Control, Division of Audit, David W. Pratt, 185 Norwood, Buffalo 14222 to the
position of Senior Auditor, Temporary at the minimum starting salary of
$28,054.
Appointment effective June 25, 1993 in the Department of Audit and
Control, Division of Accounting, Michael R. Szukala, 15 Stewart Buffalo 14211
to the position Senior Accountant, Temporary, at the Minimum starting salary of
$28,054.
FROM THE PARKS DEPARTMENT
Appointment effective July 1, 1993 in the Department of Parks
Division of Recreation, Mark Parsons, 22 Clio, Buffalo 14220 to the position
of Fee Collector, Seasonal, at the Minimum starting salary of $4.94 hr.
Appointment effective June 23, 1993 in the Department of Parks, Division
of Recreation, to the position of Lifeguard, Seasonal, at the minimum starting
salary of $5.00 hr.
Kate Bohen, 156 McKinley Parkway, Buffalo 14220
Jacob Brozyna, 324 Benzinger, Buffalo 14206
Kevin Hayes, 795 McKinley Parkway, Buffalo 14220
David Knight III, 54 Hewitt, Buffalo 14215
Patrick Lalley, 81 Densmore, Buffalo 14220
Tom McCarthy, 83 Ramona, Buffalo 14220
Sara Pauly, 152 Como, Buffalo 14220
David Rodriguez, 3120 Main St., Buffalo 14214
Norvyn Souter, 25 Bridgeman, Buffalo 14207
James Wojcik, 152 East St., Buffalo 14207
Appointment effective July 1, 1993 in the Department of Parks, Division
of Recreation, to the position of Lifeguard Seasonal, at the minimum starting
salary of $5.20 hr.
Robert Auer, 49 Belmont St., Buffalo 14207
Dorrell Benton, 1099 Michigan Ave., Buffalo 14209
Jeremy Fudella, 77 Beatrice, Buffalo 14207
Michael Hilmey, 53 Marbeth Ct., Buffalo 14220
Paulette D. Reslow, 128 Greely, Buffalo 14207
Dennis Sanders, 40 Fosdick St., Buffalo 14209
Daniel Smith, 262 Ideal St., Buffalo 14206
Jamie Arnone, 31 Sandrock, Buffalo 14207
Karny Connolly, 162 Choate, Buffalo 14220
Kenny Benton, 1099 Michigan, Buffalo 14209
Eric Dickman, 48 Alsace, Buffalo 14220
Kim Fort, 325 Gold, Buffalo 14206
Peter Frost, 59 McKinley, Buffalo 14220
Richard Hall, 50 Rivere Pl., Buffalo 14214
Kathleen Callahan, 606 McKinley, Buffalo 14220
Jasen Cecci, 34 Bremmen, Buffalo 14213
Antonio Cruz, 256 Babcock, Buffalo 14210
Edward Cudmore, 184 Esser , Buffalo 14207
Michael Karlinski, 349 Walden, Buffalo 14211
Kathleen Kinney, 1776 William, Buffalo 14206
Kahil Myree, 181 Wohlers, Buffalo 14208
Brian Harvey, 20 Bernie, Buffalo 14203
Craig Kaitus, 61 Oakhurst, Buffalo 14220
Ramar Martin, 95 Herman, Buffalo 14204
Jill Neurohr, 756 Prospect, Buffalo 14213
Clayton Reed, 130 Edgewood, Buffalo 14220
Marc Rossow, 2053 Hertel, Buffalo 14214
Dennis Schollard, 41 Kimberly, Buffalo 14220
Nicole Schollard, 41 Kimberly, Buffalo 14220
Bridget Shanahan, 344 Downing, Buffalo 14220
Greg Shanks, 102 Ridgewood, Buffalo 14220
Melissa Smith, 239 Wallace, Buffalo 14216
Danielle Stelle, 24 Eden, Buffalo 14220
Chris Sterlace, 60 Folger, Buffalo 14220
Tierran Mennen, 48 Colonial Cr., Buffalo 14213
William Winnie, 158 Peter, Buffalo 14207
Charles Tinney, 22 Willowlawn, Buffalo 14214
Michael Kreuzer, 350 Woodside, Buffalo 14220
Bernard Lyons, 129 Pries, Buffalo 14220
Melissa MacDowell, 97 Pooley, Buffalo 14213
Michele Mahoney, 53 Densmore, Buffalo 14220
Jeffrey Dziedzic, 16 Glenn St., Buffalo 14206
LaLena Garcia, 442 Woodward, Buffalo 14214
Daniel Granville, 57 Hansem, Buffalo 14220
William Hart, 91 Portland, Buffalo 14220
Colleen M. Lalley, 21 Edgewood, Buffalo 14220
Bryan Beale Jr., 33 Coolidge, Buffalo 14220
Mark Flanagan, 43 Hammerschmidt, Buffalo 14210
Carrie Giambra, 309 Woodbridge, Buffalo 14214
Michelle Hund, 16 Oakdale Pl., Buffalo 14210
Sean Kelly, 37 Dakota, Buffalo 14216
Michael Kreuzer, 350 Woodside, Buffalo 14220
Bernard Lyons, 129 Pries, Buffalo 14220
Melissa MacDowell, 97 Pooley Pl., Buffalo 14213
Michele Mahoney, 53 Densmore, Buffalo 14220
Appointment effective July 1,1993 in the Department of Parks, Division of
Recreation to the position of Supervising Lifeguard, Temporary, at the minimum
starting salary of $5.98 hr.
Dell Story, 67 Harriett, Buffalo 14213
Steven Alvarex, 519 South Legion, Buffalo 14220
Maureen Callahan, 606 McKinley, Buffalo 14220
Julie Hogan, 143 Ramon, Buffalo 14220
Michele Karlinski, 349 Walden, Buffalo 14211
Karen Lalley, 81 Densmore, Buffalo 14220
Scott Noga, 56 Gatchell, Buffalo 14212
Sean Eagen, 140 Pries, Buffalo 14220
John Granville, 7 Marine Dr., Buffalo 14202
Ellen Frost, 59 McKinley, Buffalo 14220
Ann Manley, 4 Britt, Buffalo 14220
Michael Sieracki, 959 Walden, Buffalo 14211
Roger Harrington, 79 Norman, Buffalo 14210
Appointment effective July 1, 1993 in the Department of Parks, Division
of Recreation to the position of Laborer II, Seasonal at the flat starting
salary of $6.65 hr.
Timothy Donovan, 57 Susan Lane, Buffalo 14220
Daniel Karlilnski II, 349 Walden Ave., Buffalo 14211
Appointment effective July 1, 1993 in the Department of Parks, to the
position of Laborer II, Permanent, at the minimum starting salary of $9.38 hr.
Patrick J. Fray, 113 Schutrum St., Buffalo, 14212
John J. O'Leary, 100 Ryan St. Buffalo, 14210
Appointment effective July 1, 1993 in the Department of Parks, Eugene
Mullen, 56 Mineral Spring Rd., Buffalo 14210, to the position of Laborer II,
Temporary, at the minimum starting salary of $ 9.38 hr.
FROM THE FIRE DEPARTMENT
Appointment effective July 1, 1993 in the Department of Fire Karen
Kelley Heck, 251 Reeves Road, Evans, New York 14006 to the position of
Assistant Fire Alarm Dispatcher, Permanent, at the maximum starting salary of
$37,033.
FROM THE DEPARTMENT OF STREET SANITATION
Appointment effective June 21, 1993 in the Department of Street
Sanitation, David C. Ryan, 5 Coolidge Road, Buffalo, New York 14220, to the
position of Laborer II, Seasonal, at the flat starting salary of $6.65 hr.
Appointment effective June 24, 1993 in the Department of Street
Sanitation, Marc D. Priore, 38 Wildwood, Buffalo, New York 14220 to the
position of Laborer II, Seasonal, at the flat starting salary of $6.65 hr.
Appointment effective June 28, 1993 in the Department of Street
Sanitation, to the position of Laborer II, Seasonal, at the flat starting
salary of $6.65 hr.
Daniel J. Farry, 142 Ridgewood, Buffalo, New York 14220
Brian D. Lackenmier, 23 Rutland, Buffalo, New York 14220
Jonathan Lalley, 21 Edgewood, Buffalo ,New York 14220
Appointment effective June 30, 1993 in the Department of Street
Sanitation, to the position of Laborer II, Seasonal, at the flat starting
salary of $6.65 hr.
Brian P. Mann, 712 McKinley, Buffalo 14220
Patrick J. Wells, 29 Rutland, Buffalo, New York 14220
FROM THE DEPARTMENT OF ADMINISTRATION & FINANCE
Appointment effective June 28, 1993 in the Department of Administration
& Finance, Division of Treasury, Jill Marie Repman 118 Stevenson Street,
Buffalo, New York 14220, to the Position of Teller, Temporary, at the minimum
starting salary of $ 20,382.00
FROM THE DEPARTMENT OF HUMAN RESOURCES
Appointment effective June 24 1993 in the Department of Human
Resources, Division of Youth to the position of Lifeguard, Temporary, at the
flat starting salary of $5.00/hr
Maurice Clemmons, 150 Niagara, Buffalo 14201
Jasen Cecci, 39 Bremen, Buffalo 14213
Appointment effective June 28, 1993 in the Department of Human Resources,
Division of Youth, Sharon A. Hennigan, 75 Louisiana Street, Buffalo, 14202, to
the position of Youth Counselor, Permanent, at the minimum starting salary of
$26,479.
NON-OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES
NON-OFFICIAL COMMUNICATIONS
No. 95
MARY BOYD
Request to Acquire 437 Genesee
Per our conversation regarding the above location Mr. Bellamy
suggested that you could give me some direction on how I might be able to
acquire this lot.
I own the property at 439 Genesee and have plans to renovate this
existent building and if I could purchase the lot at 437 Genesee I could
proceed with my plans and make them come to fruition and that is to enhance my
building and maybe build another unit next to it which will also be an asset to
the community.
I would appreciate your assistance in this matter.
REFERRED TO THE COMMITTEE ON FINANCE THE COMPTROLLER AND THE CORPORATION
COUNSEL.
No. 96
BUFFALO CABLE ACCESS MEDIA
FY 93-94 Budget
In compliance with resolution passed by the Common Council Cable
Television Committee, BCAM is submitting a revised budget in the amount of
$130,689.18 for FY 93-94 to cover a twelve (12) month period effective July 1,
1993. This budget is being submitted in protest because it will require BCAM to
experience a large decrease in operating revenue in comparisons to last years
budget $167,024.96.
To comply with this request BCAM will have to take the following steps to
maintain its services:
1. Cancel our plans to take over playback of public access programs for TCI
of New York which hampers our ability to negotiate for $53,700 to construct a
playback center. The effect will be the inability to schedule playback of
programs that requires an adult disclaimer beyond 11 pm daily.
2. Lay-off one (1) full-time employee effective August 29, 1993.
3. Furlough our five (5) member work force for a two (2) month period.
4. Reduce the number of work hours of our entire staff from 40 hours per
week to 35 hours per week, effective September 27, 1993.
5. Reduce our operating schedule from six (6) days a week to five (5) days.
6. Reduce our operating hours from 8am - 10pm Monday - Friday to 9am -8pm
Monday - Friday, which will require us to:
a: eliminate evening editing sessions and studio use for community
producers,
b: cut the number of hours dedicated to out studio training program, thus
extending the time it takes to receive certification for use of the studio,
7. Reduce employee health insurance benefits by discontinuing dental and
vision coverage and prescription assistance insurance.
8. Cancel our plans to began distribution of a bi-monthly newsletter to
further promote public access television city-wide in which a $4,500 investment
has been made.
9. Cancel our commitment to host the Alliance For Community Media Northeast
fall regional conference in Buffalo.
10. Discontinue our Saturday training class and facility access.
11. Cutback our community outreach campaign initiatives.
12. The effect of issuing a furlough for two (2) month period will force the
State to set a higher unemployment insurance rate for BCAM.
BCAM request the Common Council to amend the committee's resolution, and
allow BCAM to expend the amount of $130,689.18 for a seven (7) month period as
proposed in its original budget submission. This request should be considered
as ongoing negotiations with TCI of New York, are pending, to made available in
February 1994.
BCAM and is committed to providing services to meet the demands of the
community as outlined in its contract with the City. In view of the fact that
this devastating cutback will place a tremendous hardship in providing adequate
services. As a result of this cutback BCAM request the Common Council to
reconsider allowing BCAM to collect a nominal service fee from community
producers to offset lost revenues.
REFERRED TO THE SPECIAL COMMITTEE ON CATV.
No. 97
CITIZENS ALLIANCE
Status of Purchase
408 Leroy Ave
In April, 1992, Citizens Alliance was the high bidder at $17,000
for the abandoned 4 unit property across the street from our office at the
corner of Leroy and Richlawn. We were prepared to spend from $50,000 -$64,000
for the building's rehab. Some 3 months after our offer, we were informed that
there were $50,000 of liens on the property which would have to be cleared. We
took the initiative to have the City with the cooperation of the Mayor's office
forgive the $8,000 water bill. We upped our offer by $3,500 to provide the
owner the extra money we were assured would satisfy the liens. The deal fell
apart in February, 1993, when it was discovered that a former mortgage everyone
thought was paid (by the former owner - a brother) was not.
At this point, Marine Midland Bank moved to foreclose on its outstanding
mortgage. We are told a foreclosure sale by the Bank should take place within
the next 6-9 months. We have send a notice of appearance to the Bank to
express our continued interest in the property. Unfortunately, there is
nothing more that we can do at the moment about either the sale, or the present
condition of the property. We have had no choice but to withdraw offer.
I want to thank each of your for your cooperation in helping us do what
we could in this matter. Hopefully, we will be in a situation to bid again at
the foreclosure sale. Meanwhile, we are searching for properties in the Delevan
-Grider neighborhood. We were recently designated by NYS Division of Housing
and Community Renewal to be that area Neighborhood Preservation Program agency.
RECEIVED AND FILED.
No. 98
ERIE COUNTY CENTRAL POLICE SERVICES COMMISSIONER
Investigate 911 Call Delays
This is in response to the resolution submitted by Legislator
Bozer regarding a specific 911 call. To fully understand the system and how it
works, it is important to distinguish between the 911 Center and the Buffalo
Police Dispatchers.
The function of the 911 center complaint writers is to answer the calls
that come into the Center and transfer them to the Buffalo Police Dispatcher
for dispatch to the Police Officer on patrol. With the new Computer Aided
Dispatch (CAD) System that Buffalo has recently installed, there is more
accountability at all levels. The role of the complaint taker is to answer the
call, get as much information as possible to pass on to the dispatcher.
Based on the classification of the call and the information available,
the computer aided dispatch system assigns a priority to the call from #1 - the
highest, to #5 - the lowest. These priorities have been designated by the
Buffalo Police Department and not by the 911 Center.
In this particular instance the call was in que for 11 seconds, and the
complaint taker was on line with the caller at 10:43:15 P.M. The call then was
transferred to the Buffalo Police Dispatch Center at 10:43:50. This is a total
time of 35 seconds from the time the call was answered to the time the Buffalo
Police Dispatcher had it in HIS system to give to a car. The second call was
in que for 4 seconds and answered at 10:55:40 and was identified as a duplicate
of the first call. The third call was in que for 7 seconds and taken at
11:10:42 by the 911 call taker. It was updated and sent to the dispatcher
11:11:37. ( 55 seconds
There had been no action taken by the Buffalo Police Dispatcher at this
time. The fourth call came from the Precinct after a citizen called there
directly. The call was in que for 2 seconds and answered at 11:37:24. The
call taker then updated the call and sent it to the Buffalo Police Dispatcher
again at 11:39:09. A total of 1 minute and 45 seconds from call initiation to
transfer to Dispatch.
The Buffalo Police Dispatcher finally did dispatch a car at 00:15:37.
The problem of separating the 911 Center from the Buffalo Police dispatch
is very difficult. If you listen to people they will always refer to "calling
911 and waiting for a long time".
The 911 Center DOES NOT DISPATCH CARS. We do not have any control of a
call after it is transferred to the Buffalo Police. All that we can do is
update the calls if necessary and keep giving them the calls as they come in.
As for calling the precinct directly, you can see that the procedure in the
Buffalo Police Department is to have the Precinct in turn call 911 for
recording and for dispatching.
In conclusion let me say that in this particular situation the 911 Center
personnel followed the proper procedures as outlined by both our own rules and
as outlined by Buffalo's procedures. To categorize the 911 System as not
working is totally irresponsible.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 99
ERIE COUNTY DEPARTMENT OF HEALTH
Amendment to Sanitary Code
Attached hereto please find a copy of a proposed amendment to
the Erie County Sanitary Code. This proposed amendment is hereby filed
pursuant to the Erie County Administrative Code, Section 5.05(b).
A Public Hearing relative to the proposed amendment will be held on
Wednesday, July 28, 1993 at 3:45 P.M. in Room 904 of the Rath County office
Building, 95 Franklin Street, Buffalo, New York.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 100
DEBORAH GOLDMAN
Complaint - Police Response
Yesterday evening, my daughter was riding her bicycle on our street.
Some boys tried to steal her bicycle. When she came home and told me about it,
I called 911. When I told the 911 operator what happened and that I would just
like a police car to drive through the neighborhood, she suggested that I call
precinct 16 and gave me their telephone number. The officer at precinct 16
suggested that I call 911 as he does not dispatch the police cars.
I have two concerns. First, while I understand that my daughter's
experience last night was not of the same magnitude as something like a
stabbing, I should still be able to access the police force by calling one
telephone number and receive a reasonable response. Second, we need to feel
safe in our neighborhood.
Please call me if you need any additional information.
REFERRED TO THE COMMITTEE ON LEGISLATION AND THE COMMISSIONER OF POLICE.
No. 101
RICHARD KERN
Request for Fair Housing Response
An April 26 survey of 10 downtown shelters revealed 328 homeless
individuals. In all categories the homeless are becoming overwhelmingly Black
(Blacks are 31% of Buffalo's population):
235 Adults 79% Black
93 Children 77% Black
60 Families 82% Black
138 Single men 82% Black
67 Mentally ill 75-85% Black
Public housing has historically been the housing of last resort for poor
Blacks, but during this housing crisis for Blacks BMHA has relentlessly reduced
Black occupancy (although the waitlist of 2,000-3,000 is 2/3's Black) while
steadily increasing both staffing and funding. The demographics of Buffalo's
Black community are devastating:
Black population up 5,400 since 1980 (101,000 total) Blacks below poverty
up 3,640 since 1980 (38,000 total)
As urban and Black poverty have grown BMHA occupancy has plummeted:
BMHA occupancy Change
1980 5,420 households
1990 4,275 -1,145 households (10 YR)
1992 (Dec) 4,077 -200 households (2 YRS)
1993 (Apr) 4,020 -55 households (4 mo.)
May, 93 4.004 -15 households (1 mo.)
TOTALS
13 Years -1,400 households
Most of the above reduction of occupancy was Black households: BMHA is
housing about 1,100 fewer Black households than in 1980. The reduction has been
most dramatic in family units. BMHA has reduced 370 Black households in family
units between 10/90 and 4/93. And as children have become the most rapidly
growing segment of the homeless, BMHA has reduced children in public housing by
over 700 since 1986. Although singles are the largest group of homeless and
BMHA has over 1, 000 vacant 1 and 2 bedroom apartments (some vacant for 8 - 10
years), no singles are admitted.
Incredibly, although a new "Title VI Agreement" severely limits choices
for Black family applicants compared to other groups, Black occupancy has
decreased by 6 households during April and May in the orgy 3 developments they
may choose (because Blacks are less than 50% of the population). BMHA is a
very costly program (economic cost of housing a family of 2 is about $1,000 per
month) which is no longer fulfilling its mission of insuring "safe affordable
housing for the poor". TO HAVE RAMPANT HOMELESSNESS AND 1,500 FULLY FUNDED
PUBLIC HOUSING VACANCIES (while spending almost $30 million of taxpayer funds
annually to subsidize housing for 3,000 persons) 15 A FAIR HOUSING ATROCITY,
and the major cause of Black homelessness in Buffalo.
It is imperative that the City Fair Housing Office and Housing
Opportunities Made Equal (required by their $100,000 block grant contract to
insure poor and minority access to publicly funded services) publicly respond
to these issues and develop a fair housing response to a blatant housing
injustice.
REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT.
No. 102
ANTHONY MASIELLO
Request to Plant Flowers for World Games
With the World University Games looming large on our collective
horizon, I want to take an active part m sprucing up Buffalo for the visit of
the world to our city. With the permission of the Council. I'd like to enlist
my staff in the effort to clean up a small part of downtown as a first step
toward the larger involvement of the community at-large.
The plot we'd like to adopt divides the east and west bound lanes of
Court Street on the east side of Niagara Square. The small triangle on the
pedestrian island is over grown with weeds and littered with small trash. My
staff and I propose to clean it up, deposit fresh top soil and plant a variety
of red, white, and blue flowers in keeping with the patriotic motif of the
Games. However, as the Games are rapidly approaching, we need expeditious
approval so that we might complete our work in time for the onset of
international visitors.
Mr. Fahey moved:
That the communication from the Senator Masiello, dated June 22, 1993, be
received and filed; and
That Senator Masiello and his staff be permitted to plant flowers in
honor of the World University Games, at the east and west bound lanes of Court
Street on the east side of Niagara Square.
ADOPTED.
No. 103
STATE BOARD OF EQUALIZATION AND ASSESSMENT
Adjusted Base Proportions of 1993 Assessment Roll
I, William W. Crotty, Director of the Bureau of Equalization Rates,
hereby certify that on June 24, 1993 the State Board of Equalization and
Assessment established final adjusted base proportions for the classes and
portions listed below based on the 1993 assessment roll of the City of Buffalo:
PORTION HOMESTEAD NONHOMESTEAD
City of Buffalo 47.35280 52.64720
RECEIVED AND FILED.
No. 104
NIAGARA MOHAWK
Semi Annual Report
Dewey Ave. Service Center
Niagara Mohawk Power Corporation submits the enclosed report in
order to comply with Resolution No. 228 of the Common Council of the City of
Buffalo, filed in the City Clerk's Office on June 5, 1991.
REFERRED TO THE COMMITTEE ON FINANCE AND THE ENVIRONMENTAL MANAGEMENT
COMMISSION.
No. 105
D. VAN EVERY
Intent To Present Residency Policy To Board
In recent weeks when members of the Buffalo Board of Education
met with you to discuss our budget request for 1993-1994, many of you have
asked the Board of Education to consider reimposing a city residency
requirement on all new hires and promotional personnel of the Board.
It was my intention at our next regularly scheduled meeting of the full
Board, after your budget action to override the Mayor's veto, to introduce the
language you have asked requested and which I favor. Unfortunately, on that
Wednesday, June 9th, I was home with a severe flu-like malady and a fever of
101 degrees and unable to attend the Board meeting and do so. At the subsequent
meeting of the Board on Wednesday, 6123, I left for a major part of our meeting
so that I may attend my daughter's eighth grade graduation and returned for the
very long session which lasted until 11:50 and which was adjourned without the
time usually allotted to member introductions and questions.
Our next full Board meeting is July 14th. It is my expectation that the
Board will take up the adoption of its budget for the 1993-1994 school year.
While I do not believe that the Board will have time to entertain a motion on
the issue of residency at this meeting, unless the budget is deferred to
another date, this letter is to inform you of my intention to introduce a
motion on July 14th, or the next meeting of the Board when sufficient time is
available for serious discussion of the matter, which would direct the
Superintendent to reinstate a residency requirement for all new hires and all
promotional opportunities within the Board from a set date forward.
I do not know what the success of such a motion will be, and I urge you
each, individually, if you favor such a requirement to contact my fellow Board
members to ask for their support for my upcoming motion. I welcome your comment
or suggestions on my effort.
Finally, I wish to thank you for your generous and exceptional effort to
add dollars to that recommended by the Mayor for the 1993-1994 school budget.
You have, in one large step, moved the dollars going from city property tax
back near the highest years of city appropriations for schools and I commend
and thank you for your support for our schools.
Obviously, the Board of Education has some very difficult choices to face
to balance our budget, but our task is somewhat softened by your hard choice to
raise taxes to support our children. I enclose, for your information, a copy
of the schedule we will be following for adoption of our budget and welcome
your thoughts on any aspect of our deliberations. As we committed at the time,
the Board will provide you with a statement as to the use of the $3.5 million
added by your action, such additions which would not have occurred without your
support.
If I may be of service, please contact me.
REFERRED TO THE SPECIAL COMMITTEE OH EDUCATION.
No. 106
WNY REGIONAL ECONOMIC DEVELOPMENT COUNCIL
Designation Of Appt. To Bflo. Forge Task Force
Thank you for your letter of June 15 on behalf of the Common Council,
in which you request that the Western New York Regional Economic Development
Council (WNYREDC) name a representative to the Buffalo Forge Task Force
established by Councilmember Fahey. Please advise the Council that Ms. Judith
A. Kossy, President of the Western New York Economic Development Corporation,
will represent WNYREDC on this task force.
REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT.
No. 107
TOWN OF WEST SENECA
Hearing for Special Permit
496 Potters Road
For your information I am enclosing a copy of Public Hearing scheduled
to be held on the 12th day of July, 1993 to consider granting a Special Permit
for the above-captioned property to add a one dwelling unit.
If you have any objections please notify the West Seneca Town Board.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD AND THE
COMMISSIONER OF PUBLIC WORKS.
No. 108
BUFFALO ZOOLOGICAL GARDENS
Request Signal at Zoo Entrance
Please be advised that a "Hazard Condition" exists at our new
Buffalo Zoo entrance located at the intersection of Russell Avenue and Parkside
Avenue.
Last year the Zoo opened their new main entrance on Parkside to
accommodate a major market of those families living in Central Park, those
citizens of Buffalo who rely on public transportation, as well as handicapped
people. This entrance has been extremely popular and has increased our
traffic.
This crossing is extremely dangerous with speedy traffic traveling north
and south on Parkside Avenue. 1 am desperately in need of some assistance in
obtaining a crossing light at this location. Our visitors, the citizens of the
City, and all those who must cross the street are being placed in a very
hazardous situation. I only wish to protect all parties that might be
considered a part of any potential negligence.
If you wish to discuss this matter, please eve me a call at 837-900.
REFERRED TO THE COMMITTEE ON LEGISLATION AND THE COMMISSIONER OF PUBLIC WORKS.
PETITIONS
No. 109
Beth Noel Russell & O - favor Reopening the Continental Nightclub.
RECEIVED AND FILED.
REGULAR COMMITTEES
CLAIMS
HON. BRIAN M. HIGGINS
CHAIRMAN
No. 110
Claims Committee Report
Compromise and Settlement Of
Actions For Personal Injury
That, upon the recommendation of the Corporation Counsel, the
following actions for personal injury arising out of alleged negligence on the
part of the City, be compromised and settled:
A1. John W. Crum $3,750.00
A2. Williett M. DuBenion $1,500.00
A3. Robert K. Gill $50,000.00
A4. Gina McRoy $3,000.00
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. 111
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. James M. Fleming
Claim for damage to a 1990 Acura Integra while it was being towed by the City
of Buffalo. $239.46
B2. Burt Freiman
Claim for money that was damaged by mildew while being held as evidence by the
Buffalo Police Department following a robbery at 1338 Main Street.
$303.00
B 3. John Fumerelle III
Claim for damage to a 1982 Pontiac. A Parking Meter at 134 Pearl Street fell
onto the vehicle and broke the passenger side window.
$134.00
B4. Kevin Gunn
Claim for items that were stolen from claimant's vehicle a 1984 Jeep while it
was in the custody of the City at the Tonawanda Street Impound Garage. The Law
Department has negotiated a settlement with the claimant. He will receive
($286.00) and ($1,214.00) will be paid to the Parking Violations Bureau for
parking summonses and fees owed to the City. $ 1,500.00
B 5. Laura G. Lieberman
Claim for damage to a 1989 Pontiac Grand AM by a plastic garbage can that
accidentally fell on the vehicle during garbage pickup at 135 Richmond Avenue.
$153.35
B 6. New York Telephone Company
Claim for damage to underground conduit, cables etc., by the Division of Water
during excavation at Military Road and Skillen Street.
$ 7,500.00
B 7. New York Telephone Company
Claim for damage to underground conduit, cables etc., by the Division of Water
during excavation at Delaware Avenue and Sanders Road. $
32,561.45
B 8. Joan Nowak
Claim for damage to a 1987 Buick Century at the corner of Winspear and Orleans.
The City, in response to a hazardous condition notice, filled in some rather
large holes with stones which were propelled into claimant's vehicle from
passing traffic and caused damage. $ 506.52
B 9. Andrew Yuskanice
Claim for damage to a 1989 Ford from hitting a previously reported hole in the
street on potters Road near Niantic.
$180.99
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 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. 112
Miscellaneous
That, upon the recommendation of the Corporation Counsel and the
appropriate City Department, the following claim be paid:
C 1. Richard and Sheila Bernard
This is a lawsuit as a result of the City's acquisition through condemnation of
two properties for the RAPP Lot Program. The condemnation proceeding was
authorized by the Common Council by Item No. 34, C.C.P., September 6, 1988 and
Item No. 24, C.C.P., October 4, 1988. $ 62,507.02
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. 113
Miscellaneous Invoice
That, upon the recommendation of the Corporation Counsel and the
appropriate City Department, the following claims be paid:
D 1. Elizabeth B. Croft
Claim for payment of a prior fiscal year invoice for Arbitrator's fees rendered
to the Division of Labor Relations regarding Case No. G-91-48 (Mary Ellen
Sawicki). $279.45
D 2. New York State Department of Motor Vehicles
Claim for payment of a prior fiscal year invoice for services rendered to the
Division of Parking enforcement for computer access data line information.
$ 10,817.40
D 3. Niagara Mohawk Power Corporation
Claims for property damage/prior fiscal year invoices for work performed for
the City. Some examples of the work done was to remove and install luminaire
on relocated light standards, repair street light facilities at the Broadway
Garage, remove various light poles on Main and Exchange Streets, relocate
street lights, install traffic control cable, repair light conduit, etc.
$32,904.33
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. 114
Miscellaneous Payroll
That, upon the recommendation of the Corporation Counsel and the
appropriate City Department, the following claims be paid: .
E 1. Joseph A. Cirincione
Prior fiscal Year longevity payment to Claimant a Real-Estate Specialist in the
Department of Inspections and Community - Revitalization. He is entitled to a
retroactive longevity payment from 1985 to 1991.
$1,325.00
E 2. John F. Walterich
Claim for reimbursement for an incorrect amount deducted from claimant's
retirement check for major medical insurance from July 1991 to January 1993.
$1,010.16
E 3. Division of Buildings Employees
Claim for prior fiscal year shoe allowance for thirteen employees of the
Division of Buildings. Pursuant to Memorandum Agreement between the City and
Local- #71, employees are eligible to receive an annual shoe allowance in the
amount of ($75.00). The following employees did not receive work shoes or the
annual shoe allowance in the fiscal year 1991-1992. This has been confirmed by
'Labor Relations. The total amount of this claim is ($975.00).
1. William Barnes $75.00
2. James Carrubba $75.00
3. Emmett Godfrey $75.00
4. Donald Herbert $75.00
5. Patrick McNamara $75.00
6. Howard Melcher $75.00
7. Arthur Mesches $75.00
8. Vincent Miranda $75.00
9. Paul Rebholz $75.00
10. Edward Standish $75.00
11. Thomas Varga $75.00
12. David Vitale $75.00
13. Wayne White $75.00
There are no insurance Companies involved in the settlement of the above
claims.
That checks be drawn on the account of 81-2 General City Charges Fund No.
81300809 Judgment and Claims Prior Years, payable to respective claimants or
plaintiffs and their attorneys, hereinabove named, in the amounts set opposite
their names and delivered to thee upon the delivery of the proper releases
where indicated.
PASSED.
AYES- 13 NOES 0.
CIVIL SERVICE
HON. JAMES W. PITTS
CHAIRMAN
No. 115
Ordinance Amendment Request/Chapter 35
Survivor Death Benefits
(Item # 66 CCP Jun 22, 1993)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 116
Appointment
Audit & Control/Administrative Assistant
That Communication No 28 CCP Dec 22, 1992 be received and filed
and the provisional appointment of Nancy A. Schuster stated above at the
Maximum salary $28,605.00 effective on Dec 14, 1992 is hereby approved.
PASSED.
AYES- 13 NOES- 0.
No. 117
Appointment
Audit & Control//Data Processing Equipment Operator
That Communication No 25 CCP May 25, 1993 be received and filed
and the Temporary appointment of Janet M. Reyes stated above at the
Intermediate salary $21,912.00 effective on May 10, 1993 is hereby approved.
PASSED.
AYES- 13 NOES- 0.
No. 118
Appointment
Public Works/Laborer II
That Communication No 20 CCP Jun 8, 1993 be received and filed
and the Temporary appointment of Francis Mulderig stated above at the
Intermediate salary $9.62 P/H effective on May 17, 1993 is hereby approved.
PASSED.
AYES- 13 NOES- 0.
No. 119
Appointment
General Services/Senior Account Clerk-Typist
That Communication No 45 CCP Jun 8, 1993 be received and filed
and the Permanent appointment of Susan A. Hughes stated above at the Maximum
salary $22,237.00 effective on May 25, 1993 is hereby approved.
PASSED.
AYES- 13 NOES- 0.
No. 120
Notices Of Appointments (C.Clerk)
(Item # 72 CCP Jun 22, 1993)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
FINANCE
HON. DAVID A. COLLINS
CHAIRMAN
No. 121
Gateway Tunnel Feasibility Study
Phase III Supplemental Study
(Item No. 17, C.C.P., June 8, 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 hereby is authorized to
enter into a contract with a consultant to modify the two preferred alternates
to the Gateway Tunnel Feasibility Study. Funds for this project are available
in account #200-401-059, in an amount not to exceed $38,400.00.
PASSED.
AYES- 13 NOES- 0.
No. 122
Gateway Tunnel Feasibility Study (PW)
(Item # 39 CCP Jun 22, 1993)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 123
Five Percent Surcharge/Cultural Grants-in-aid
(Item # 6 CCP Jun 22, 1993)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 124
Shea's Buffalo/Request exemption From
Five Percent Surcharge
(Item # 84 CCP Jun 22, 1993)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 125
Ordinance Amendment
Chapter 35 - Personnel Policies
(Item No. 146, C.C.P., June 8, 1993)
That the above item be, and hereby is, returned to the Common
Council without recommendation.
Mr. Collins moved:
That the Ordinance Amendment as contained in Item No. 146, C.C.P., June
8, 1993, be and the same hereby is approved.
PASSED.
AYES- 13 NOES- 0.
No. 126
Permission to Negotiate - 88 Stanton
(Item No. 18, C.C.P., May 11, 1993)
That the Comptroller be, and he hereby is authorized to negotiate
with Mr. Brian H. Frey on behalf of Rudolph Frey, Inc. of 678 William Street,
for the private sale of 88 Stanton and report to this Honorable Body the
results of such negotiations.
ADOPTED.
No. 127
Bid Withdrawal - Waterline Replacement
(Item No. 33, C.C.P., June 22, 1993)
That the Commissioner of Public Works be, and he hereby is authorized
to award a contract for Waterline Replacement - Various Streets, to Kandey
Company, the next lowest responsible bidder, after the withdrawal of the lowest
bidder, in the amount of $978,531.00, with said cost to be charged against the
Division of Water's 416 Capital Project Fund, 015 account.
PASSED.
AYES- AMOS, ARTHUR, BAKOS, BELL, COLLINS, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO,
PERLA, PITTS- 12.
NOES- ZUCHLEWSKI- 1.
No. 128
Certiorari Proceedings - 616 Lafayette Avenue
1993-94 Certiorari Proceedings
(Item No. 16, C.C.P., June 22, 1993)
That the Corporation Counsel be, and he hereby is authorized to
settle the 1993-94 certiorari proceeding on 616 Lafayette Avenue by reducing
the assessment from $230,000 to $170,000.
PASSED.
AYES- 13 NOES- 0.
No. 129
Compromise of Demolition Lien - 75 West Avenue
Chase Home Mortgage Corporation
(Item No. 50, C.C.P., June 22, 1993)
That the Corporation Counsel be, and he hereby is authorized to
settle the demolition lien at 75 West Avenue with Chase Home Mortgage
Corporation in the sum of $2,050.00, payable to the City of Buffalo.
PASSED.
AYES- 13 NOES- 0.
No. 130
Health Care Benefits
(Item No. 65, C.C.P., June 8, 1993)
That the Commissioner of Administration and Finance and the Comptroller
be, and they hereby are, authorized to implement the policy as hereafter
described as it relates to health care benefit for certain City of Buffalo
employees and retirees:
A. With regard to those retirees who did not have the proper medical
withholding taken from their pension checks, the Comptroller Collections Unit
is hereby authorized and directed to negotiate a repayment schedule with them.
B. With regard to those employees who did not pay the difference between
the core insurance and their medical coverage while on medical leave of
absence, the Comptroller is authorized to recoup the difference by payroll
deduction.
C. With respect to this retirees and employees who received both medical
insurance and payments in lieu for the same period, the Comptroller's
Collection Unit is authorized to recoup the in-lieu payment through appropriate
collections methods.
D. With respect to those retirees who had too much withholding deducted
from their pension checks, the over-deduction should be refunded immediately.
ADOPTED.
AYES- AMOS, ARTHUR, BAKOS, BELL, COLLINS, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO,
PERLA, PITTS- 12.
NOES- ZUCHLEWSKI- 1.
No. 131
Background Checks/In Rem Purchasers (A&F)
(Item # 64 CCP Jun 22, 1993)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
LEGISLATION
HON. ALFRED T. COPPOLA
CHAIRMAN
No. 132
Resser Management, Petition to use
365 Amherst Street
(Item No. 88, C.C.P., June 22, 1993)
That after a public hearing before the Committee on Legislation
on June 29, 1993, the petition of Resser Management, owner, for permission to
use 365 Amherst Street for a pole sign, be and hereby is approved.
PASSED.
AYES- 13 NOES- 0.
No. 133
Oriole Management, Inc. Petition to use
161 Elmwood Avenue
(Item No. 95, C.C.P., Feb. 16, 1993)
That after a public hearing before the Committee on Legislation
on June 29, 1993, the petition of Oriole Management, owner, for permission to
use 161 Elmwood Avenue for a pole sign be and hereby is approved as follows:
Actual sign size is 3' high x 5' wide, supported by two (plus), 6" x 6"
cedar posts, for an overall sign of 6' wide x 6' high from grade to top of
sign. Sign will be illuminated with two ground mounted spot and/or floor
lights; and
That the sign be illuminated with subdued lighting, i.e. low wattage
flood lights.
PASSED.
AYES- 13 NOES- 0.
No. 134
Carl A. Pecora, Petition to use
914-916 Elmwood Avenue
(Item No. 66, C.C.P., June 8, 1993)
That after a public hearing before the Committee on Legislation
on June 29, 1993, the petition of Carl A. Pecora, owner, for permission to use
914-916 Elmwood Avenue for a sit-in restaurant be and hereby is approved with
the following conditions:
1. No garbage will be stored outside this establishment overnight.
2. No alcohol will be served without Common Council approval.
3. The sidewalk in the front of the building is to be kept free from snow,
ice, litter and debris.
4. All kitchen ventilation will egress the building via the roof rather than
through the sides of the structure.
5. Decorative garbage receptacles will be supplied, maintained and emptied
by the proprietor and placed in the front of the establishment.
PASSED.
AYES- 13 NOES- 0.
No. 135
C. Pecora - 914 Elmwood Avenue - E.A.F.
(Item No. 58, C.C.P., June 22, 1993)
That C. Pecora - request to convert store into a sit-in restaurant
at 914-916 Elmwood Avenue" is an unlisted action as defined in 6 NYCRR Part
617.2. The Common Council has approval power over this item, and is therefore
an involved agency as defined in 617.2. As part of an uncoordinated review,
the Common Council has evaluated an Environmental Assessment form (EAF) on this
item which has been completed by the applicant (Part 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.
No. 136
C. Pecora/Use 914 Elmwood/Restaurant (CPBD)
(Item # 4 CCP Jun 22, 1993)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 137
Restaurant/Dancing Class IV License
474 Abbott Road
(Item No. 40, C.C.P., June 22, 1993)
That pursuant to Chapter 150 of the Ordinances of the City of
Buffalo, the Director of Licenses and Permits is hereby authorized to issue a
Restaurant/Dancing Class IV License to Kenneth F. Martin, d/b/a Two's Company,
474 Abbott Road, and the same be, and hereby is approved.
PASSED.
AYES- 13 NOES- 0.
No. 138
Encroachment Enclosed Patio - 1735 Hertel Avenue
(Item No. 42, C.C.P., June 22, 1993)
That the Commissioner of Public Works be and he hereby is, authorized
to issue a "mere license" to Mrs. Josephine Rozwadowski, owner of Orazio's
Italian Restaurant, located at 1735 Hertel Avenue, to install an enclosed patio
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 addition be installed exactly as shown on plans submitted to and
approved by the Department of Public Works, Division of Buildings.
3. That the addition does not exceed thirty (30) feet in length or project
more than thirteen (13) feet from the building face into City right of way.
4. That the applicant be responsible for relocation of any ground utilities
affected by the installation of said addition.
5. In the event that the Commissioner of Public Works determines the
encroachment must cease as a result of factors effecting the health, safety and
welfare of the public, or the needs of the City, the Commissioner of Public
Works may order the immediate removal of said encroachment as described in
Chapter 413-67 (E) of the City Ordinances.
6. That, because the addition will remain within City right of way the
entire year as opposed to a seasonal cafe, the applicant be assessed an annual
fee of five dollars ($5.00) per square foot of City right of way occupied by
the encroachment as described in Chapter 413-67 (G) of the City Ordinances.
7. That the applicant supply the City of Buffalo with a ten thousand dollar
($10,000) 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
addition to restaurant.
PASSED.
AYES- 13 NOES- 0.
No. 139
WNY Hispanics/Favor Curfew With Reservations
(Item # 91 CCP Jun 22, 1993)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 140
G. Tiffany/Free Parking Mental Health Services
(Item # 88 CCP May 11, 1993)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 141
C. Anderson/Improvements To Campus East School Area
(Item # 89 CCP Jun 22, 1993)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 142
Support Labor/Management Cooperation;
Oppose Privatization
(Item No. 36, C.C.P., May 21, 1993)
That the above item be, and the same hereby is, returned to the
Common Council without recommendation.
Mr. Collins now moved to recommit to the Committee on Legislation.
ADOPTED.
AYES- AMOS, BAKOS, BELL, COLLINS, COPPOLA, FAHEY, FRANCZYK, HIGGINS, PERLA,
ZUCHLEWSKI- 10.
NOES- ARTHUR, LOTEMPIO, PITTS- 3.
No. 143
Problems With Durant Field (Parks)
(Item # 47 CCP Jun 22, 1993)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 144
Commission a Security Alarm Board
(Item No. 153, C.C.P., June 8, 1993)
That this Common Council request the Corporation Counsel to add
a Security Alarm Examining Board to the existing list of examining boards.
ADOPTED.
No. 145
Board Of Elections/Conversion Of Voting Machines
(Item # 76 CCP Jun 22, 1993)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 146
World Games/Service Request Of The City (#64 6/8)
(Item # 135 CCP Jun 22, 1993)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 147
World Games/Waive Parking Restrictions (#65 6/8)
(Item # 136 CCP Jun 22, 1993)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 148
West Valley Hearing
(Item No. 151, C.C.P., June 22, 1993)
That the above item be, and hereby is, returned to the Common
Council without recommendation.
Mr. Coppola moved:
That as a result of a public hearing on the issue of disposing
radioactive waste at West Valley, New York, the Common Council goes on record
opposing any nuclear dumping at the West Valley Site.
ADOPTED.
ECONOMIC DEVELOPMENT
HON. CLIFFORD BELL
CHAIRMAN
No. 149
Hyatt Hotel Payments in Lieu of Taxes
(Item No. 53, C.C.P., June 22, 1993)
That the Commissioner of Community Development be, and hereby
is authorized to enter into such agreements as may be necessary and appropriate
to effectuate the financial plan set forth in the June 8, 1993 communication of
the Corporation Counsel (Item No. 53, C.C.P., 6/22/93), subject to approval of
such agreements by the Corporation Counsel and to the following additional
conditions:
1. Assumibility of the revised P.I.L.O.T. Agreement on the condition that
the hotel is maintained at its present level, that both deferred and current
P.I.L.O.T. payments are kept current and that the new owner is acceptable to
the City.
2. Termination of the "stand still" provisions of the Intercreditor
Agreement, thereby permitting the City to demand E.C.I.D.A terminate its
ownership of the hotel in the event of a default in the P.I.L.O.T. Agreement.
PASSED.
AYES- AMOS, ARTHUR, BAKOS, BELL, COLLINS, COPPOLA, FRANCZYK, HIGGINS, LOTEMPIO,
PERLA, PITTS- 11.
NOES- FAHEY, ZUCHLEWSKI- 2.
No. 150
M J. Peterson Corporation/Change In Principles
(Item # 62 CCP Jun 22, 1993)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 151
BEDC/Corporate Budget 93/94
(Item # 58 CCP Jun 8, 1993)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 152
J. Wiley/Request For Promised Block Grant Money
(Item # 86 CCP Jun 22, 1993)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
CATV
HON JAMES W. PITTS
CHAIRMAN
No. 153
Objection to Programming/Public Access Channel (CC)
(Item # 51 CCP Apr 13, 1993)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 154
BCAM/Report On Objectionable Programming
(Item # 81 CCP Apr 27, 1993)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 155
BCT Policy Board/Reply To Concerns/Obscene Programming
(Item # 73 CCP Jun 22, 1993)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 156
BCAM/Operating Agreement For Production
(Item # 104 CCP Jul 7, 1993)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 157
BCAM/Third Quarter Report
(Item # 56 CCP Jun 8, 1993)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 158
BCAM/Approve Budget/Funding 7/1-1/31
(Item # 57 CCP Jun 8, 1993)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 159
Buffalo Cable Access Media - Annual Budget 1993-94
(Item No. 75, C.C.P., May 11, 1993)
That the budget for Buffalo Cable Access Media for fiscal year
7/1/93-6/30/94 will be a total of $130,689.18 with the provision that BCAM
submit a revised full year budget reflecting this amount in time for the Common
Council meeting of July 6, 1993.
Mr. Pitts now moved that the above item be recommitted to the Special
Committee on CATV; seconded by Mr. Bell.
ADOPTED.
RESOLUTIONS
No. 160
By: Mr. Arthur
Establish Work Day For Elected/Exempt Employees
Whereas: The New York State Retirement System has conducted an
audit of the City of Buffalo's records regarding reporting employee's time to
the Retirement System; and
Whereas: As a result of the audit, the State Retirement System recommended
that the City of Buffalo adopt, by resolution of the governing body, a standard
work day for elected and exempt officials; and
Whereas: Retirement System regulations required that this standard work day
may be variable, but may be no less than six hours a day in order to qualify
for full-time credit in the Retirement System; and
Whereas: The City's White Collar Union, AFSCME Local 650, works a six and
one-half (6-1/2) hour day; and
Whereas: It has long been the City's policy generally to track White Collar
contract when legislating terms and conditions of employment for elected and
exempt officials.
Now, Therefore, Be It Resolved That:
The City of Buffalo hereby adopts a six and one-half hour standard work
day for elected and exempt officials.
REFERRED TO THE COMMITTEE ON FINANCE AND THE COMMISSIONER OF ADMINISTRATION AND
FINANCE.
No. 161
By: Mr. Arthur
Overtime for Deputy Police Commissioners
Whereas: The City of Buffalo will be reimbursed for up to $611,000
for security for the World University Games, scheduled to begin July 8, 1993;
and
Whereas: The security headquarters for the Games will be located in Amherst;
and
Whereas: The City will be reimbursed by the State far security costs,
including police overtime; and
Whereas: Officials of the Games would like a Deputy Police Commissioner on
duty at the Command Post at all times that Games events are taking place in the
City; and
Whereas: Deputy Police Commissioners will be assigned to work at the Common
Post outside of their regular duty hours; and
Whereas: Deputy Police Commissioners, as exempt employees, normally do not
receive compensation for overtime; and
Whereas: Fundamental fairness requires that the Deputy Commissioners be paid
overtime in this instance for the hours spent at the Games Common Post outside
of their normal duty hours.
Now, Therefore, Be It Resolved That:
The Police Department be, and it hereby is, authorized to pay overtime to
the Deputy Police Commissioners for work performed outside their normal duty
hours, serving at the Security Command Post for the World University Games, and
that the source of funds be the $611,000 state grant for Games security.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE, THE COMMISSIONER OF ADMINISTRATION
AND FINANCE AND THE CORPORATION COUNSEL.
AYES- AMOS, BAKOS, BELL, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO, PERLA, ZUCHLEWSKI-
9.
NOES- ARTHUR, COLLINS, COPPOLA, PITTS- 4.
No. 162
By: Mr. Arthur
Greater Buffalo Chamber of Commerce Pullout
Compounds Budgetary Woes for Greater Buffalo Convention and Visitors Bureau
Whereas: The Greater Buffalo Convention and Visitors Bureau (CVB)
will cut it's budget by $235,000 and faces cross the board layoffs if the
present revenue decline continues; and
Whereas: The CVB's financial hardship is due in part to the enormous
financial strain endured through CVB's commitment and contribution to the World
University Games totaling $1.65 million, and an anticipated reduction of
$125,000 in Bed Tax revenues combined with a drop in area convention and
tourism business; and
Whereas: An unforeseen budgetary addition further compounded CVB's ability
to manage when the Greater Buffalo Chamber of Commerce "blind sided" the Bureau
and pulled out of the Statler Tower offices they shared with the CVB to become
part of the Greater Buffalo Partnership now located at the Main Place Tower;
and
Whereas: The Greater Buffalo Chamber of Commerce / The Greater Buffalo
Partnership's pullout from the Statler offices is reflected in a 10% slash in
CVB's $2.34 million budget which now necessitates substantial reductions in
convention advertising, convention trade show participation, tourism
advertising programs, a freeze on all salaries and the elimination of a tourism
sales manager position; and
Whereas: In a time when the City of Buffalo is challenged by the tremendous
responsibility of sponsoring the World University Games, is confronted by the
task of stimulating travel and tourism interest and has future hopes for
marketing major sports related conventions and tourism utilizing the newly
constructed sport venues produced for the World University Games, one must
question the integrity and rationale of the Greater Buffalo Chamber of Commerce
/ The Greater Buffalo Partnership for pulling out at this pivotal time;
Now, Therefore Be It Resolved That:
This Common Council request the Greater Buffalo Chamber of Commerce / The
Greater Buffalo Partnership to file their rationale for pulling out of the
Statler Tower offices they shared with the CVB to become part of the Greater
Buffalo Partnership now located at the Main Place Tower thus contributing to
the 10% cut in CVB's $2.34 million budget; and
Be It Further Resolved That:
The Greater Buffalo Chamber of Commerce / The Greater Buffalo Partnership
include in their report any contribution plans it has to help defray the added
budgetary costs and burdens caused by their move out of the Statler Tower
offices.
ADOPTED.
No. 163
By: Mr. Collins
Transfer of Funds Capital Projects Fund Budget and Management
Division of Buildings
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
$1,700 be and the same is hereby transferred from the Capital Projects Fund -
Budget and Management - Planning for Capital Projects account and said sum is
hereby reappropriated as set forth below:
From:
200 Capital Projects Fund
061 - Budget and Management
001 - Planning for Capital Projects $1,700
To:
200 Capital Projects Fund
402 - Division of Buildings
022 - Police Reorganization-Facilities Development
(Appraisal of two properties) $1,700
PASSED.
AYES- 13 NOES- 0.
No. 164
By: Mr. Collins
Transfer of Funds Capital Projects Fund Budget and Management
Division of Buildings
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
$38,000 be and the same is hereby transferred from the Capital Projects Fund -
Budget and Management - Planning for Capital Projects account and said sum is
hereby reappropriated as set forth below:
From:
200 Capital Projects Fund
061 - Budget and Management
001 - Planning for Capital Projects $38,000
To:
200 Capital Projects Fund
402 - Division of Buildings
059 - Gateway Tunnel Feasibility Study $38,000
PASSED.
AYES- 13 NOES- 0.
No. 165
By: Mr. Collins
City of Buffalo
Local Law No. (1993)
Introductory No. 5 (1993)
A Local Law amending section 593 of article 30 of the charter
of the city of Buffalo in relation to notice of nonpayment of real property
taxes.
Be it enacted by the Common Council of the City of Buffalo as follows:
Section 1. Section five hundred ninety-three of article thirty of the
charter of the city of Buffalo, adopted pursuant to law, is hereby amended as
follows:
Section 593. Assessors' Notice of Nonpayment.
On or before the first day of February in each year the department of
assessment shall give notice to all owners of lands upon which any such tax or
assessment remains unpaid that if the same is not paid before the first day of
March next succeeding, one and one half percent shall be added to the first
half of the general city tax and local assessments and [five] seven and one
half percent shall be added to the second half of the general city tax as
provided in section five hundred ninety-two and the property will be sold for
taxes, but failure to give such notice shall not invalidate the tax or
assessment or subsequent proceedings.
Such notice shall be served as provided in section one hundred sixty of
this act.
Section 2. This local law shall take effect immediately.
Approved as to Form.
Laurence K. Rubin
Corporation Counsel
Note: Matter in brackets [ ] to be omitted; matter underlined is new.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 166
By: Mr. Collins
Ordinance Amendment
Chapter 35 - Personnel Policies
The Common Council of the City of Buffalo does hereby ordain as
follows:
That Section 35-33 of Chapter 35 be amended to read as follows:
35-33. Hospital and medical insurance.
Hospital and medical insurance for elected and appointed officers and
employees shall be as defined herein:
[(A) Coverage. The city will provide to each eligible employee, commencing on
July 1, 1993, the least expensive or "Base Plan" (i.e. requires no or the least
employee contribution), hospital and medical insurance plan made available
under the then current collective bargaining agreement with its white collar
employees.]
A) Coverage. The city will provide to each eligible employee , commencing on
July 1, 1993, the least expensive or "Base Plan" (i.e. requires no or the least
employee contribution), hospital and medical insurance plan made available
under the then current collective bargaining agreement with its white collar
employees, except that for purposes of this provision, the Blue Cross coverage
shall consist of the following:
Blue Cross Hospital, Medical/Surgical, Traditional 90-91 Plan with the
following riders:
(1) Unlimited Major Medical Expense Rider (BCMM-7), without prescription drug
benefit, with a $100/200 deductible. The city may self-fund above the $100/200
to a $500/1,000 deductible using a third-party administrator. In the event the
city self funds above the $100/200 level then no participant's expenses shall
exceed the $100/200 level.
(2) Rider 8 (Dependents to Age 23).
(3) Rider 4 (Emergency Out-Patient EKG)
- employees only.
(4) Rider 14 (Psychiatric Rider)
- employees only.
(5) $9.00 drug co-pay.
E. Payment in lieu of medical insurance coverage.
I. (1) An employee entitled to family medical insurance coverage as provided
above may elect to waive said coverage if the employee's spouse has family
medical insurance coverage.
(2) An employee waiving coverage shall be required to show proof of the
spouse's coverage to the Division of Labor Relations. An employee who desires
to waive his or her medical insurance coverage shall notify the Division of
Labor Relations, in writing, and such waiver of coverage shall be effective on
the first day of the month following thirty (30) days of receipt of such
notification. Each employee waiving coverage will receive the sum of two
hundred fifty dollars ($250.) quarterly, to be paid by separate check on March
30, June 30, September 30 and December 30 of each year.
(3) Should the spouse's coverage be terminated for any reason, the
employee shall immediately notify the Division of Labor Relations in writing.
Upon such notification, the employee's medical insurance coverage will be
reinstated, and the employee will be provided family medical insurance coverage
without any lapse in coverage.
(4) An employee who has waived his or her medical insurance coverage and
who desires to reinstate such medical insurance coverage shall notify the
Division of Labor Relations in writing. Such coverage shall be reinstated on
the first day of the month following thirty (30) days of receipt of such
notification by the Division of Labor Relations.
(5) The above provision shall also apply to an employee who, upon
retirement, receives benefits pursuant to Subsection H.
(6) If an employee and his or her spouse are both employed by the city,
then one (l) employee shall accept the medical coverage program and he other
shall receive a payment in lieu of medical insurance coverage.
II.
(1) An employee entitled to single medical insurance coverage as provided
above, may elect to waive such coverage if the employee is dependent under a
family medical insurance policy and is provided with medical insurance coverage
under said policy or if the employee has single medical insurance coverage by
virtue of the employee's employment elsewhere.
(2) An employee waiving coverage shall be required to show proof of
either coverage as a dependent or the coverage obtained as a result of
alternative employment to the Division of Labor Relations. An employee who
desires to waive such medical insurance coverage shall notify the Division of
Labor Relations, in writing and such waiver of coverage shall be effective on
the first day of the month following thirty (30) days after the date of receipt
of such notification to the City. An employee waiving coverage shall have his
or her written request placed in the employee's personnel file. The employee
will receive the sum of seventy-eight dollars ($78.00) quarterly, to be paid by
separate check on March 30. June 30, September 30 and December 30 of each year.
(3) Should either the coverage as a dependent or the coverage received as
a result of alternate employment be terminated for any reason the employee will
immediately notify the City. Upon such notification, the City shall transfer
the employee to the "Base Plan" medical insurance provided herein, and the
employee will be provided full coverage without any preconditions or lapse in
coverage.
(4) An employee who has waived his or her medical insurance coverage and
who desires to be reinstated to the Base Plan medical insurance coverage as
provided herein shall notify the Division of Labor Relations in writing. Such
coverage shall be reinstated on the first day of the month following thirty
(30) days after the date of receipt of such notification by the City.
(5) The above provision shall also apply to an employee who, upon
retirement, receives benefits pursuant to Subsection H.
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 CIVIL SERVICE AND THE COMMISSIONER OF
ADMINISTRATION AND FINANCE.
No. 167
By: Mr. Collins
Set Public Hearing- Harlow New Housing Project
Approval of Land Disposition Agreement Empire Development Company
Whereas, Empire Development Company 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 of Buffalo Urban Renewal Agency (herein
referred to as the "Agency"); and
Whereas, The Agency and the Redeveloper have negotiated a Land
Disposition Agreement for the construction of two (2) residential units of new
housing known as the Harlow New Housing Project in the Community Wide Urban
Renewal Demonstration Program Area; and
Whereas, said Land Disposition Agreement has been forwarded by the Agency
to this Common Council for action, pursuant to Section 507, subdivision 2 (d)
of the General Municipal Law; and
Whereas, Article 15A of the "General Municipal Law" requires that the
disposition of 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 of Hearing" in the Buffalo News, no later than the
9th day of July 1993.
2. That this Common Council will conduct a Public Hearing on the matters
stated in said "Notice of Hearing" at 2:00 o'clock p.m. in the Council Chambers
on the 20th day of July 1993.
ADOPTED.
No. 168
By: Mr. Collins
Set Public Hearing
Masten New Housing Phase 1 Amendment to Land Disposition Agreement Omega Homes,
Inc.
Whereas, Omega Homes, 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 of Buffalo Urban Renewal Agency (herein referred to as the
"Agency"); and
Whereas, The Agency and the Redeveloper have negotiated an amendment to
the Land Disposition Agreement which will include 177, 189, 191, 193, 195, 227,
229 Waverly and 274, 276 Purdy to Schedule A of said LDA for the construction
of four (4) additional units of residential new housing known as the Masten New
Housing Project Phase I in the Community Wide Urban Renewal Demonstration
Program Area; and
Whereas, said Land Disposition Agreement has been forwarded by the Agency
to this Common Council for action, pursuant to Section 507, subdivision 2 (d)
of the General Municipal Law; and
Whereas, Article 15A of the "General Municipal Law" requires that the
disposition of 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 of Hearing" in the Buffalo News, no later than the
9th day of July 1993.
2. That this Common Council will conduct a Public Hearing on the matters
stated in said "Notice of Hearing" at 2:00 o'clock p.m. in the Council Chambers
on the 20th day of July 1993.
ADOPTED.
No. 169
By: Mr. Collins
Set Public Hearing
Masten New Housing Project Phase IIB Amendment to Land Disposition Agreement
BBZ Development Company
Whereas, BBZ Development Company 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 of Buffalo Urban Renewal Agency (herein referred to as
the "Agency"); and
Whereas, The Agency and the Redeveloper have negotiated an amendment to
the Land Disposition Agreement to change the location of the homes to be built
for this project from the vacant city owned land located on Jefferson between
Landon and Riley to the following: 172, 174, 178, 180, 182, 184, 188, 167, 171,
123 Waverly, 181, 185, 178, 180, 182 Chester and 292 Masten Streets.
Whereas, the above property shall be used for the construction of five
additional dwelling units included in said LDA; and
Whereas, said Land Disposition Agreement has been forwarded by the Agency
to this Common Council for action, pursuant to Section 507, subdivision 2 (d)
of the General Municipal Law; and
Whereas, Article 15A of the "General Municipal Law" requires that the
disposition of 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 of Hearing" in the Buffalo News, no later than the
9th day of July 1993.
2. That this Common Council will conduct a Public Hearing on the matters
stated in said "Notice of Hearing" at 2:00 o'clock p.m. in the Council Chambers
on the 20th day of July 1993.
ADOPTED.
No. 170
By: Mr. Collins
Bond Resolution
$1,500,000 Serial Bonds
The Acquisition of the 189 Tonawanda Auto Pound Facility
Account 200-064-001
Bond Resolution of the City of Buffalo, New York, authorizing
the issuance of $1,500,000 general improvement serial bonds of said City, to
finance the cost of the acquisition of the auto pound facility at 189 Tonawanda
Street, at the estimated maximum cost of $1,500,000.
The Common Council of the City of Buffalo, in the County of Erie, New
York, hereby resolves (by the favorable vote of not less than two-thirds of all
the members of said Common Council) AS FOLLOWS:
Section 1. The Comptroller of the City of Buffalo, in the County of
Erie, New York (herein called ("City"), is hereby authorized and directed to
issue General Improvement Serial Bonds of said City in the principal amount of
One Million Five Hundred Thousand Dollars ($1,500,000), pursuant to the
provisions of the Charter of said City and the Local Finance Thaw, constituting
Chapter 33-a of the Consolidated Laws of the State of New York (the "Law"); to
finance the cost of (a) the acquisition of the building presently used as an
auto pound facility at 189 Tonawanda Street in the City at the maximum cost of
$1,280,700, and (b) the acquisition of land at said site at the estimated
maximum cost of $219,300.
The estimated maximum total cost of said specific objects or purposes for
which the bonds authorized by this resolution are to be issued, including
preliminary costs and costs incidental thereto and the financing thereof, is
$1,500,000 as set forth in the duly adopted Capital Improvements Budget of said
City for fiscal year 1993-94.
Section 2. The proceeds of the sale of the bonds authorized by this
resolution, or any bond anticipation notes issued in anticipation of the sale
of said bonds shall be deposited in the Capital Projects Fund to the credit of
the Department of Administration & Finance, Division of Parking Enforcement,
"Acquisition of 189 Tonawanda for Auto Pound 1993-94," Bond Authorization
Account No. 200-064-001, and shall be used for the purposes specified in
Section l of this resolution.
Section 3. The City intends to finance, on an interim basis, the costs
or a portion of the costs of said improvements for which serial bonds are
herein authorized, which costs are reasonably expected to be reimbursed with
the proceeds of debt to be incurred by the City, pursuant to this Bond
Resolution, in the maximum amount of $1,500,000. This resolution is a
declaration of official intent adopted pursuant to the requirements of Treasury
Regulation Section 1.103-18(a) through (l).
Section 4. The following additional matters are hereby determined and
stated:
(a) Said building is of at least Class B" construction as defined by
Section 11.00 a. 11 (b) of the Law, and the period of probable usefulness
applicable to the building for which $1,280,700 bonds authorized by Section 1.
(a) of this resolution are to be issued, within the limitations of Section
11.00 a. 11 (b) of the Law, is twenty (20) years.
(b) The period of probable usefulness applicable to the acquisition of
land for which $219,300 bonds authorized by Section 1. (b) of this resolution
are to be issued, within the limitations of Section 11.00 a. 21 (a), is thirty
years.
(c) Current funds are not required by the Law to be provided as a down
payment prior to the issuance of the $1,500,000 bonds authorized by this
resolution or any bond anticipation notes issued in anticipation thereof in
accordance with Section 107.00 d. 9 of the Law.
Section 5. Each of the bonds authorized by this resolution and any bond
anticipation notes issued in anticipation of the sale of said bonds and the
renewals of said notes shall contain the recital of validity as prescribed by
Section 52.00 of the Local Finance Law. Said bonds and said notes shall be
general obligations of the City of Buffalo payable as to both principal and
interest by general tax upon all the taxable real property within said City
without limitation as to rate or amount. The faith and credit of said City are
hereby irrevocably pledged to the punctual payment of the principal of and
interest on said bonds and said notes. Provision shall be made annually by
appropriation by said City for the payment of interest on and for the amounts
required for the amortization and redemption of said bonds and said notes.
Section 6. The validity of the bonds authorized by this resolution or
any bond anticipation notes issued in anticipation of the sale of said bonds,
may be contested only if:
(a) such obligations are authorized for an object or purpose for which the
City of Buffalo is not authorized to expend money, or
(b) the provisions of law which should be complied with at the date of the
publication of such resolution are not substantially complied with,
and an action, suit or proceeding contesting such validity, is commenced within
twenty days after the date of such publication, or
(c) such obligations are authorized in violation of the provisions of the
constitution.
Introduced: July 6, 1993
LAID ON THE TABLE.
No. 171
By: Mr. Coppola
Request Information on Board of Parking Bid Requirements
Whereas: The City of Buffalo Board of Parking has invited bids
for the operation and management of two of its parking ramps: Gates Circle and
General Hospital; and
Whereas: It appears as though some of the specifications in those bid
packages would disqualify most bidders meaning that the obvious benefactor is
the present operator of Gates Circle and General Hospital Ramps; and
Whereas: In Section 2, Part (b), Qualifications of Concessionaire, the bid
package states that "The Bidder shall have operated in its own name, and not in
any affiliated company" which makes it virtually impossible for a joint venture
and would also imply that a company associated with a parent company would be
disqualified.
Now therefore be it resolved that
This Common Council requests clarification from the Board of Parking at
the next Legislation Committee meeting on the invitation for bids to operate
and manage the Gates Circle and General Hospital Ramps.
ADOPTED.
No. 172
By: Messrs. Fahey and Zuchlewski
Request Investigation Of Sandblasting At Thruway Bridges
Whereas: Oakgrove Construction Inc. has been observed sandblasting
paint off Thruway bridges at Ontario and Austin Streets and Hertel Avenue ; and
Whereas: Sandblasting lead paint, unless carried out under the strictest of
regimens, can cause serious risks of lead exposure; and
Whereas: Observers have reported dust emanating from Oakgrove's containment
structure and questions have been raised regarding the security of barrels
which may contain hazardous levels of lead; and
Whereas: The neighborhoods bordering Niagara Street are already burdened
with a significant onslaught of auto related pollution as cars are being
rerouted there from the Niagara section of the Thruway during its repair; and
Whereas: The area in question includes significant waterfront resources
including the Riverwalk, marinas, the Ontario Street Boat Launch, Cornelius
Creek Park and a future park at 28 Hertel Avenue, all of which should be
carefully protected from lead contamination; and
Whereas: it is important float work on these bridges take place in a safe
fashion which doesn't add environmental insult to the disruption already taking
place;
Now Therefore Be It Resolved, That:
This Common Council requests reports from the NYS Thruway Authority,
Oakgrove Construction, the Buffalo Environmental Management Commission, the
Buffalo Sewer Authority and the NYS Departments of Health and Environmental
Conservation on safety precautions being taken in sandblasting work at the
Thruway bridges at Austin and Ontario Streets and Hertel Avenue.
Be It Further Resolved, That;
The City Clerk be directed to send certified copies of this resolution to
the above listed agencies.
ADOPTED.
No. 173
By: Messrs. Fahey and Amos
The Use of Lead To Repair City Water Lines
Whereas: The city of Buffalo has begun to address the issue of
lead poisoning through the adoption of a lead based paint ordinance, the
appointment of a Lead Action Task Force to advise the city, and through lead
testing of drinking water as required by the USEPA; and
Whereas: The EPA has set a Maximum Contaminant Level Goal of zero for lead
in drinking water; and
Whereas: This goal Is based on an EPA determination that drinking water
should contribute minimally to total lead exposures because a substantial
portion of the sensitive population already exceeds acceptable blood lead
levels; and
Whereas: Buffalo's water supply narrowly passed the EPA standard for lead in
the first round of testing and narrowly failed the standard in the second
round; and
Whereas: Increasing city resources will be devoted to the prevention of lead
poisoning over the next several decades as lead becomes a more prominent public
health issue; and
Whereas: In this context the city should minimize potential lead exposures
wherever possible; and
Whereas: Recent reports that lead was being used to repair breaks in city
water mains have caused concerns about lead contaminating the water supply
about lead exposure risks to water repair workers, and about lead leaching from
the pipes into groundwater; and
Whereas: The New York State Sanitary Code (1992) specifies that "Materials
used in the design, construction, and repair of a public water system shall be
lead free.";
Now Therefore Be It Resolved That:
This Common Council requests the Department of Public Works to file a
report answering the following questions:
Is it city policy to use lead for repairs to the city's distribution
system?
What alternatives have been explored (mechanical dresser clamps etc.)?
Is it necessary to use lead given the alternatives?
What safeguards are used to protect workers from lead exposure?
How much lead does the city have in stock?
Is the city currently replacing any lead lines in its distribution
system? If so, at what cost?
Regarding service lines, which run from the street to individual
buildings, does the city or the Water Authority have the authority to set
standards for construction, repair or maintenance of the lines or the authority
to replace, repair or maintain service lines?; and
Be It Further Resolved, That:
This Common Council requests the NYSDEC to comment on the advisability of
using lead to repair water mains given the potential of that lead to leach and
contaminate groundwater; and
Be It Further Resolved, That:
This Council requests the NYSDOH to comment on the legality and
advisability of using lead to repair water mains given drinking water and
worker safety concerns, the provisions of the State Sanitary Code and the EPA's
current efforts to remove lead from drinking water systems; and
Be It Finally Resolved, That:
This Council directs the City Clerk to send certified copies of this
resolution to the NYSDEC and the NYSDOH.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 174
By: Messrs. Franczyk, Fahey, and Mrs. LoTempio
Ordinance Amendment
Chapter 264 - Licensing Of Rental Housing Business
The Common Council of the City of Buffalo does hereby ordain that
a new Chapter 264 be added to the Code of the City of Buffalo, with sections
and section headings to read as follows:
That Chapter 264 of the Code of the City of Buffalo be added to read as
follows:
LICENSING OF RENTAL HOUSING BUSINESS
264.1. Legislative Intent
264.2. Definitions
264.3. Rental Housing Business License required; Exemptions
264.4. Application for License
264.5. Provisional Licenses
264.6. Issuance or Denial of Rental Housing Business License
264.7. Effect of Denial or Revocation
264.8. Term of Rental Housing Business License
264.9. Transfer of License or Provision License
264.10. Revocation of Rental Housing Business License
264.11. Duties of Licensee
264.12. Fees
264.13. Penalty
264.14. Enforcement and Inspection Authority
264.15. Notice of Violation
264.16. Severability
264.17. Remedies in this chapter not exclusive
264-1. Legislative Intent.
The intent of this chapter is to protect the public health, safety and
general welfare of the people of the City of Buffalo by recognizing that the
offering for rental of dwelling units is a business and classifying and
regulating all such rentals as a rental housing business and further including
as beneficial purposes:
A. The protection of the character and stability of residential areas;
B. The correction and prevention of housing conditions that adversely affect
or are likely to adversely affect the life, safety, general welfare and health,
including the physical, mental and social well-being of persons occupying
dwellings;
C. The enforcement of minimum standards for heating, and sanitary equipment
necessary to health and safety;
D. The enforcement of minimum standards for light and ventilation, necessary
to health and safety;
E. The enforcement of minimum standards for the maintenance of existing
residential buildings, and to thus prevent slums and blight;
F. The preservation of the value of land and buildings throughout the city.
264-2. Definitions. As used in this chapter, the following terms shall
have the meanings indicated:
Dwelling unit: a single residential accommodation which is arranged,
designed, used or, if vacant, intended for use exclusively as a domicile or
residence of one or more human beings, not to include hotels or motels, beds
and breakfast establishments, boarding or rooming houses.
Housing code: means all state and local laws for the establishment and
maintenance of housing standards.
Owner: the owner or owners of the freehold of the premises or lesser
estate therein, a mortgagee or vendee in possession, assignee of rents,
receiver, executor, trustee, lessee, agent, or any other person, firm or
corporation, directly or indirectly in control of a dwelling.
264-3. Rental Housing Business License Required; Exemptions.
A. License Required. No person shall allow to be occupied, or rent to
another for occupancy, any dwelling unit unless the owner has first obtained a
Rental Housing Business License or a provisional license as hereafter provided.
B. Exemptions. The provisions of this chapter shall not apply to owner
occupied buildings containing two or less dwelling units; hotels; motels; bed
and breakfast establishments; rooming or boarding houses; hospitals; nursing
homes; or other dwelling units which offer or provide medical or nursing
services, if such units are subject to state or federal licensing or
regulations concerning the safety of the users, patients or tenants.
264-4. Application for License.
A. Within one hundred twenty days after the effective date of this chapter
the owner of each dwelling unit existing on the effective date of this section
shall make written application to the Commissioner of Inspections and Community
Revitalization [hereinafter referred to as Commissioner] for a Rental Housing
Business License. In addition, the owner of each dwelling unit constructed
after the effective date of this chapter shall make written application to the
building official for a Rental Housing Business License as herein provided
prior to any initial occupancy. Such application shall be made on a form
furnished by the Commissioner and shall set forth the following information, in
addition to other information which may be necessary to administer, enforce,
and insure compliance with the provisions of the housing code.
1. Name, principal residence address, principal business address, of the
owner for the purpose of effecting personal service of process under the
provisions of the Civil Practice Law and Rules of the State of New York.
2. If the owner is a partnership, joint tenancy, tenancy in common, or
tenancy by the entirety, then each and every owner or general partner shall be
indicated on the application and register an address as specified in
subparagraph (1). One address may be designated by the owner for the purposes
of effecting service of process on each and every owner or general partner.
3. If the owner is a corporation, the legal address of the corporation
must be registered and also the name, title and residence address of all
officers for the purpose of personal service of process as specified in
subparagraph (a).
4. If the owner has designated an agent, then the name of such agent must
be included in addition to that of the owner as specified in subparagraph (1).
Failure to include the correct address of the owner or agent or other
information known to be false shall be grounds to deny or revoke a Rental
Housing Business License.
5. It shall be the responsibility of the owner of record to properly
register any change of address for the purpose of service of process.
6. Non-Resident Designation of Agent. If an owner is not a resident of
the City of Buffalo, or is a corporation wherever located, then the owner shall
designate a natural person who is a resident of the City of Buffalo as agent
authorized to accept service of process and to receive and give receipt for
notices of violation under Section 264-15. Such designation shall be on a form
approved by the Commissioner.
7. For purposes of this section, a post office box shall not be accepted
as the owner's address. Further, the building intended to be licensed shall
not be accepted as the owner's address unless it is the principal place of
business or residence of the owner.
264-5. Provisional Licenses.
A. The Commissioner shall issue a provisional license to the owner of a
dwelling unit who has submitted an application and paid the application fee
required by this chapter; however, dwelling units constructed or converted to
rental usage after the effective date of this chapter shall not be eligible for
a provisional license and shall not be occupied for human habitation prior to
the issuance of a Rental Housing Business License. A provisional license shall
authorize the continued occupancy of dwelling units in actual existence on the
effective date of this chapter, pending issuance or denial of a Rental Housing
Business License.
B. Effect of Provisional License. A provisional license indicates only that
the owner has submitted an application for a Rental Housing Business License
and paid the required fee, and that the license shall be issued or denied after
the building and all dwelling units have been inspected for compliance with the
housing code. A provisional license is not a determination that the building
complies with the housing code.
264-6. Issuance or denial of Rental Housing Business License.
A. Upon completion of an inspection of a building and dwelling units
therein, if the Commissioner finds compliance with the housing code, a Rental
Housing Business License shall be issued upon the applicant's payment of any
required fees.
B. Upon completion of an inspection of a building and dwelling units
therein, if the Commissioner finds non-compliance with the housing code, the
Commissioner shall issue a notice of violation in accordance with Section
264-15, providing for a reasonable time, not to exceed sixty (60) days, for the
correction of any violations of the housing code. Upon reinspection, if the
Commissioner finds non-compliance with the notice of violation the Commissioner
shall deny a Rental, Housing Business License and revoke any provisional
license. The commissioner shall issue a written statement to the applicant or
provisional licensee setting for the reasons for the denial or revocation.
264-7. Effect of Denial or Revocation.
A. Vacant Units. When a Rental Housing Business License has been denied or
revoked, or a provisional license has been revoked, no further rental and
occupancy of dwelling units then vacant shall be permitted until a Rental
Housing Business License has been issued.
B. Occupied units. In addition to other penalties under this chapter when a
Rental Housing Business License has been denied or revoked, or a provisional
license has been revoked for reasons which in the determination of the
Commissioner present violations of the housing code that create a hazard to the
health and safety of the occupants, the dwelling units containing said
violations shall be vacated within 31 days of such determination and shall not
be reoccupied until a Rental Housing Business License has been issued.
264-8. Term of Rental Housing Business License.
A. Rental Housing Business License issued pursuant to this chapter shall
expire three (3) years after the date of its issuance, unless sooner revoked
pursuant to Section 264-10.
264-9. Transfer of License or Provisional License.
A. A Rental Housing Business License issued pursuant to this chapter is
transferrable, to any person who has acquired ownership of a licensed building
for the unexpired portions of the three-year term for which it was issued,
provided that an application to transfer such license is filed with the
Commissioner within thirty days of title transfer and the dwelling units
therein are in compliance with the housing code. Any transfer pursuant to this
Section, shall be charged a fee as specified in Chapter 175.
264-10. Revocation of Rental Housing Business License.
A. A Rental Housing Business License or Provisional License issued pursuant
to this chapter may be revoked by the Commissioner for any one (1) 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 a Rental Housing Business License or Provisional
License was issued in error and not in accordance with applicable law.
3. A violation of any of the provisions of this chapter, including
non-compliance with a notice of violation issued pursuant to Section 264-15.
264-11. Duties of Licensee.
A. Every holder of a Rental Housing Business License or provisional license
shall:
1. Conspicuously post the license in a protected mounting in the public
corridor, hallway or lobby of the building for which the license was issued. In
buildings other than multiple dwellings, this posting shall be in a common
entrance. If no common entrance exists, then posting shall be made at the
entrance of each dwelling unit. Additionally, such license shall be produced
at the request of a tenant, or prospective tenant, and shall be available at
reasonable times for inspection by an authorized city inspector.
2. Permit the Commissioner or a designee to enter freely, with reasonable
notice if practical, upon the premises for the purposes of an interior or
exterior inspection at any time deemed necessary by the Commissioner.
3. Conform with all other applicable state, county and city laws and
ordinances on matters not with specifically addressed in this chapter.
264-12. Fees.
A. At the time of application for the license or for license renewal
required by this section, the Commissioner shall collect the appropriate fees
in accordance with the schedule in Chapter 175.
B. The inspection fees shall be tendered with application for first issuance
of license and every three years thereafter on or before date of license
renewal.
C. In addition to any other penalty or fine imposed by law for violation of
a City Ordinance, the license fee shall be subject to a ten percent penalty per
month, or any portion thereof, beyond the date due and payable. No refund of
license and inspection fees shall be made to those discontinuing operation or
who sell, transfer, give away, or otherwise dispose of a licensed building to
another person.
D. If an application is denied, the license fee, but not the inspection
fees, if applicable, will be returned to the applicant.
E. The Commissioner shall review the fee schedule annually and recommend
changes as he deems appropriate to the Common Council.
264-13. Penalty.
In addition to any applicable provisions of Section 264.7, any violation
of this chapter by a person, firm or corporation, shall be punishable by a fine
or penalty of not more than one thousand five hundred dollars ($1,500) or by
imprisonment for not more than fifteen (15) days, or by both such fine and
imprisonment for each offense.
264-14. Enforcement and Inspection Authority.
A. The Commissioner or a designee shall enforce the provisions of this
chapter and is hereby authorized to make inspections on a scheduled basis or
when reason exists to believe that violation of this chapter has been or is
being committed.
B. Inspection access. If any owner, occupant or other person in charge of a
dwelling or dwelling units fails or refuses to permit free access and entry to
the structure or premises under his control for any inspection pursuant to this
ordinance the Commissioner may seek a search warrant or other appropriate court
order authorizing entry.
264-15. Notice of Violation.
A. Whenever the Commissioner determines that a building or a dwelling unit
contained therein is in violation of the housing code, he shall issue a notice
of violation setting forth:
1. The location of the subject property;
2. Specific violations of the housing code; and
3. A reasonable time, not to exceed sixty (60) days, for the correction
of any violations.
B. For purposes of this Section, the Commissioner may grant additional time
to correct violations of the housing code. Any such extensions shall be issued
in accordance with the requirements of this section.
C. The notice of violation shall be sent to the last known residence or
place of employment of the owner or agent. In the event such mailing is
returned undeliverable by the post office notice may be posted at the building
and dwelling units described in the notice.
264-16. Severability.
If a term, part or provision, section, subdivision or paragraph of this
chapter shall be held unconstitutional, invalid or ineffective, in whole or in
part, such determination shall not be deemed to affect, impair or invalidate
the remaining terms, parts, provision, sections, subdivisions and paragraphs.
264-17. Remedies in this chapter not exclusive.
The provisions of this chapter are not exclusive and are in addition to,
and do not supersede or preempt other remedies or provisions of the city,
state, or federal laws and housing codes as may apply. This chapter shall
apply in addition to any requirements applicable to multiple dwellings under
the New York State Multiple Dwelling Law.
APPROVED AS TO FORM
Laurence K. Rubin
Corporation Counsel
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 175
By: Mr. Franczyk
Ordinance Amendment
Chapter 175 - Fees
(Chapter 264)
The Common Council of the City of Buffalo does hereby ordain as
follows:
That a new subdivision be added to Chapter 175 - Fees of the Code of the
City of Buffalo, to read as follows:
Chapter 264, Rental Housing Business Licenses
Base Plus Incremental
Type Fee Fees
First License $ 5.00 $75 if 3 or more
Application dwelling units in
same building plus
$25.00 for each
dwelling unit over
3 (Incremental fee
payable upon issuance
of license)
Each Subsequent $ 5.00 $25.00 for each
License Application dwelling unit
(Incremental fee
payable upon issuance
of license)
Registration $ 5.00 per license
Agent Registration $25.00 per license
License Transfer $25.00 per license
A "subsequent license" is one or more licenses applied for by, or issued
to, the same applicant or licensee for a different rental housing property than
for which a license has been applied for or issued during the 3 years
immediately preceding such subsequent license's application or issuance. For
example, if "A" applies for a license for a 2-unit dwelling at "123 Main
Street" on January 1, 1994 and then between January 1, 1994 and December 31,
1996 applies for a license for the 2-unit dwelling at "125 Main Street", the
incremental fee for the first property is $0 and for the second property
$25.00.
APPROVED AS TO FORM
Laurence K. Rubin
Corporation Counsel
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 176
By: Mr. Franczyk
Appointment of Legislative Assistant
to the Common Council
Whereas: Kathleen Palka , Legislative Assistant to the Common Council
has resigned effective with the close of business on Wednesday, June 30, 1993;
Now Therefore It Be Resolved:
That Evelyn J. Juncewicz, 371 Peckham Street, Buffalo, New York 14206 be
and hereby is appointed Legislative Assistant to the Common Council effective
July 1, 1993.
ADOPTED.
No. 177
By: Mr. Franczyk
Improvements To Dawson And South Division Playgrounds
Whereas: The city maintains two playground areas in the Fillmore
District, the newly constructed Eddie Dawson Playground on Roetzer and Walden
and the playground on South Division Streets; and,
Whereas: Both green spaces and play areas are very important to both
communities, which are not located near any large city parks (within walking
distance for seniors and young children); and,
Whereas: Both playgrounds are currently in need of further improvements,
with monies already identified in Fillmore District CDBG funds and in the
capital budget; and,
Whereas: The Dawson Playground is in need of a constructed shelter, where
people can gather and have picnics and community days at the park, such as the
one planned for the Community Action Organization at Dawson Playground later in
the summer; and,
Whereas: The South Division Playground already has a shelter, but it has no
play equipment for small children, which is very much needed as there are a lot
of kids in the neighborhood;
Now Therefore Be It Resolved:
That this Common Council authorize the use of existing Fillmore District
CDBG funds and capital budget monies to be used for the construction of a
shelter at the Dawson Playground and the placing of play equipment at the South
Division Playground, and that the Department of Community Development, in
cooperation with the Parks Department, plan, design and implement these
improvements as soon as soon as possible.
ADOPTED.
No. 178
By: Mr. Higgins
Request Board of Education to remove the "Temporary Roadway" to
Red Jacket Academy from Hancock Avenue
Whereas: Last year's severe flooding problems at the Campus West
School caused the transfer of its students to Red Jacket Academy during the
repair and restoration process; and
Whereas: To accommodate the influx of additional buses, a blacktopped
roadway was established in the middle of the greenspace from Hancock Avenue to
Red Jacket Academy; and
Whereas: As the Campus West students have since returned to their school
building, the neighboring residents have been waiting for the temporary roadway
to be removed as they were informed it would be; and
Whereas: Instead of the road's removal, some residents have recently been
told the road is to be permanent.
Now, Therefore Be It Resolved:
That the Buffalo Board of Education take immediate action to remove the
roadway and restore the greenspace from Hancock Avenue to Red Jacket Academy.
ADOPTED.
No. 179
By: Mr. Perla
Overlook Deck at Foot of Massachusetts Street
Whereas: Although the west side of Buffalo borders the mighty Niagara
River, Buffalo's waterfront is not directly available to most west side
residents because the NYS Thruway obstructs access to the water; and
Whereas: As part of the city's waterfront revitalization it would be
desirable to develop access points on Buffalo's west side between Broderick and
LaSalle Parks; and
Whereas: The foot of Massachusetts Street provides an excellent opportunity
for a deck overlooking the Niagara River; and
Whereas: This deck could provide picturesque sunset views of the Peace
Bridge and a place for west siders to enjoy the majesty of the River as it
flows by their neighborhood; and
Whereas: As envisioned, the deck could be built out from the steep incline
at the foot of Massachusetts Avenue and connected to the roof of the
Massachusetts Pumping Station, which could provide an inexpensive base for the
structure; and
Whereas: The deck would augment Pat Sole Park and could be an important part
of the rebirth of Niagara Street, providing an attractive local destination for
travelers as they come off the Peace Bridge; and
Whereas: The deck would also dovetail nicely with efforts to revitalize and
bolster the Massachusetts Avenue area;
Now Therefore Be It Resolved, That:
This Common Council requests the Department of Public Works and the
Division of Planning to cooperate in commissioning the design of a deck at the
foot of Massachusetts Street and in exploring potential finding sources such as
the Environmental Quality Bond Act, federal funds related to coastal management
and public access, Thruway Authority development funds, and other sources; and
Be It Further Resolved, That:
This Council directs the City Clerk to send a certified copy of this
resolution to the Horizons Waterfront Commission, the NYS Thruway Authority,
the Peace Bridge Authority, and the Western New York Congressional delegation.
ADOPTED.
No. 180
By: Mr. Perla
Requesting the US Postal Service
to Help in Combating Graffiti
Whereas: This Common Council has actively sought to reduce the
graffiti which has been proliferating throughout our community; and
Whereas: This summer youthful offenders will be directed to paint over
graffiti in a progressive program known as PACE (Police Assisted Community
Enhancement) which has been designed to teach responsibility and bolster
community morale ; and
Whereas: Mailboxes are a favorite target for graffiti and often present
passersby with obscene language and depressing images ; and
Whereas: Quickly painting over graffiti is an effective deterrent because it
discourages those who seek lasting recognition through defacing the property of
others; and
Whereas: Individuals and block clubs have proposed painting over mailboxes
in their neighborhoods but don't have access to sanctioned paint colors and
fear legal problems if the post office disapproves;
Now Therefore Be It Resolved, That:
This Common Council requests the US Postal Service to develop a program
to increase the frequency of repainting USPS property in areas of the city
where graffiti is prevalent; and
Be It Further Resolved, That:
This Council requests the USPS to make paint available to Buffalo's PACE
program and to block clubs which are willing to maintain local mailboxes; and
Be It Finally Resolved, That:
This Council directs the City Clerk to send certified copies of this
resolution to the local US Postal Inspector-in-Charge (c/o 685 Ellicott Square
Building, Buffalo, NY 14203), and to the local Congressional delegation.
ADOPTED.
No. 181
By: Mr. Perla
The Creation Of An Ordinance Amendment To Establish a Fee For
Delinquent Property Owners In Correcting Housing Code Violations.
Whereas: Throughout the City of Buffalo in 1992 there were over
68,000 housing inspections, approximately 35% of this total were third and
fourth call backs; and
Whereas: The Division of Housing and Property Inspections has been faced
with the task of making these third and fourth call backs, causing an
overwhelming amount of additional work for both inspectors and the clerical
staff; and
Whereas: The increase in the number of third and fourth inspections is a
sign that property owners do not comply with the initial inspection; and
Whereas: When an initial inspection of a property is conducted and
violations are cited, ample time is permitted to correct these violations; and
Whereas: Upon re-inspection, if the violations have not been rectified, the
inspector is forced to make one or more subsequent inspections; and
Whereas: These additional inspections consume a great deal of time and
money, and the expense is levied upon the taxpayers of the City of Buffalo,
with no expense to the abusive property owner; and
Now, Therefore, Be It Resolved:
That the Common Council request the Corporation Counsel to draft an
ordinance amendment establishing a fee of $75 to be charged to the property
owner, for the third and each subsequent call back with regard to the initial
inspection; and
Be It Further Resolved:
That in addition to this fee, the Corporation Counsel create a $25
extension fee which would allow a property owner to extend the period of time
to correct the initial violations. This fee would be required to be paid at
least two weeks before the first re-inspection is conducted.
Be It Finally Resolved:
That an account be established in cooperation with a local bank, from the
revenue obtained through the collection of these fees, which would be used for
low interest loans for the rehabilitation and correction of code violations.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 182
By: Mr. Perla
Request Corporation Counsel Draft Landlord Licensing Law
Amend Non-Homestead Tax Rate Classification
Whereas: For most of this year, Councilmembers, citizen groups,
and investors have debated the issue of Landlord Licensing; and
Whereas: Some citizen groups feel that a previously proposed draft of
Landlord Licensing legislation will eliminate the abuse of properties and
neighborhoods by unscrupulous absentee landlords; and
Whereas: Investors argue that the proposed legislation will not simply
target the "slumlords" to eliminate existing building code violations as it is
intended but will place a greater burden on good landlords, especially those
owning multi-unit buildings, who manage and maintain their properties well; and
Whereas: Councilmembers have been divided between both sides of this issue
but would like to resolve this sensitive matter; and
Whereas: A new Landlord Licensing law should be drafted that addresses the
concerns of the citizen groups, tenants, investors, and Councilmembers; and
Whereas: The new legislation should also include a tenant accountability
clause whereby upon completion of an inspection of a property by the city of
Buffalo resulting in the issuance of a Certificate of Occupancy which verifies
the property is inhabitable and in compliance with building codes, that any
repairs to the property for damage outside of normal repairs or maintenance
shall be the responsibility of the tenant; and
Whereas: In addition, one of the problems that exists in the City of Buffalo
that has actually encouraged the proliferation of absentee "slumlords" is the
distinction in the different classifications of Homestead and Non-Homestead tax
rates; and
Whereas: A slumlord who owns several single, double, or three unit dwellings
is taxed at the Homestead rate despite the fact that the properties are
commercial in nature; and
Whereas: Conversely, an owner occupied four unit building is taxed at the
much higher Non-Homestead rate; and
Whereas: A change in the criteria for determining the Homestead and
Non-Homestead tax rate is imperative to deter slumlords from bleeding
properties, to encourage owner occupancy, and to promote responsible investment
by individuals willing to properly manage and maintain properties; and Whereas:
All single, double, and triple unit dwellings that are not owner occupied
should be reclassified as Non-Homestead properties resulting in a greater
return of property tax revenues to the City of Buffalo; and
Whereas: The resulting tax revenue will eliminate the need for a Landlord
Licensing fee;
Now, Therefore, Be It Resolved:
That the Common Council request the Corporation Counsel to draft a new
Landlord Licensing Law which will require a license and inspection for the
following:
1. Any single, double, or triple unit dwelling which is not owner occupied
2. All other multiple dwellings with the following exceptions:
A. Dwellings of four units or less divided into two separate dwellings on
lots less than or equal to sixty (60) feet by one hundred fifty (150) feet
B. Owner occupied dwellings containing six (6) units or less
C. Dwellings that are covered by a "Living Will" where a person, while
still residing in that dwelling, transfers ownership to a family member not
residing at the subject location; and
Be It Further Resolved:
That the draft legislation include a tenant accountability clause as
described above; and
Be It Further Resolved:
That the inspection required by this new legislation is conducted in
accordance with New York State Multiple Dwelling Law; and
Be It Finally Resolved:
That the Commissioner of Assessment amend the classification of
Non-Homestead properties to include single, double, and triple unit buildings
not owner occupied and used for commercial purposes.
REFERRED TO THE COMMITTEE LEGISLATION.
No. 183
By: Mr. Pitts
Ordinance Amendment
Amend Chapter 281 - Multiple Housing By Adding
a New Section 281-12
Turnkey/Enhanced Rental Projects
The Common Council of the City of Buffalo does hereby ordain as
follows:
That a new section 281-12 be added to Chapter 281 of the Code of the City
of Buffalo, to read as follows:
281-12, Turnkey/Enhanced Rental Projects.
A. Intent. The purpose of this section is to enable the City of Buffalo to
grant real property tax exemptions to low-income turnkey/enhanced rental
project(s) developed with funds authorized by article 18-A of the New York
State Private Housing Finance Law. Authorization for this section is found at
Section 1106-h of the Law.
B. Eligible Projects. Any low-income turnkey/enhanced rental project
developed with funds authorized by Article 18-A of the New York State Private
Housing Finance Law is eligible for the exemption provided in this section.
C. Benefits and Limitations. (1) Pursuant to an agreement as provided in
subdivision D below, an eligible project shall have all or any portion of the
value of the property included in a turnkey/enhanced rental project which
represents an increase over the assessed valuation of the real property, both
land and improvements, prior to the improvements of the property necessary or
intended to effectuate the purposes of this article, exempt from any and all
city real property taxes, as defined in subdivision twenty of section one
hundred two of the real property tax law, real property special ad valorem
levies, as defined in subdivision fourteen of section one hundred two of the
real property tax law, and special assessments, as defined in subdivision
fifteen of section one hundred two of the real property tax law, except that
the assessed valuation may be increased or decreased to reflect a change in the
level of assessment as certified pursuant to title two of article twelve of the
real property tax law.
(2) An eligible project shall also receive an abatement of any or all of
the real property taxes which are payable to the City for such duration as may
be approved by the Common Council, if any property taxes remain to be paid
after the exemption or abatement provided in this section is determined.
(3) The tax exemption or abatement authorized by this section shall be in
addition to any other tax exemption or abatement authorized by law, and
provided further, however, that in the event a project ceases to be subject to
one or more provisions of this article any tax exemption or abatement
authorized pursuant to this section with respect to the eligible property of
such project shall terminate.
D. Application and Approval. Application for the benefits provided for this
section shall be made to the Department of Assessment on such forms or subject
to such procedures as may be established by the Department of Assessment. The
application shall be submitted to the Department of Inspections and Community
Revitalization for recommendation of a tax-exemption agreement between the City
and the project owner to the Common Council. Such agreement shall be subject to
approval by the Common Council and may be equal to or less than the exemption
applied for by the project owner initially.
Approved as to Form
Laurence K. Rubin
Corporation Counsel
REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT, THE COMMISSIONER OF
COMMUNITY DEVELOPMENT AND THE CORPORATION COUNSEL.
No. 184
By: Mr. Pitts
Accept Funding - Waterfront School
Community Rental Program
Whereas: The Common Council first approved operation of the Waterfront
Community Rental Program at its meeting of December 27, 1993, C.C.P., Item No.
69; and,
Whereas: This program continues to be operated through the Department of
Human Resources, Division of Youth, with responsibility for administration of
rentals handled by the Coordinator of Lighted Schoolhouse Program; and,
Whereas: The Buffalo Urban Renewal Agency, at its meeting June 24, 1993,
Item No. 31 approved funding in the amount of $36,000 for the Waterfront School
Community Rental Program for the period of July l, 1993 to June 30, 1994.
Now, Therefore Be It Resolved:
that the City of Buffalo accepts $36,000 from the Buffalo Urban Renewal
Agency for the continued operation and administration of the Waterfront School
Community Rental Program and authorize the Comptroller to expend this funding
for that purpose.
PASSED.
AYES- 13 NOES- 0.
No. 185
By: Mr. Pitts
Hearing On Lead Use In Water Line Repairs
Whereas: Lead is a dangerous element which, even at very low levels,
can cause inhibited red blood cell production, anemia, kidney damage,
interference with Vitamin D metabolism, altered electrical brain wave activity,
impairments in IQ and other measures of cognitive performance, and increases in
blood pressure; and
Whereas: City crews were recently observed using lead to repair a water main
break at the intersection of Adams and William Streets; and
Whereas: The city faces a challenge in meeting federal lead guidelines for
its drinking water system in the next few decades and in fact has failed its
most recent round of citywide lead tests; and
Whereas: It is bizarre that the city is devoting considerable effort to
abating sources of lead in the community while at the same time adding lead to
the environment; and
Whereas: The NYS Sanitary Code and the "10 States Standards" which are
adhered to by New York both prohibit the use of lead in making repairs to water
distribution systems;
Now Therefore Be It Resolved, That:
This Common Council hereby sets a public hearing to discuss the issues
raised by the use of lead to repair water mains by city crews at the next
meeting of the Committee on Legislation which will be held in Council Chambers
on Tuesday, July 13, 1993 at 2:00 PM; and
Be It Further Resolved, That:
This Common Council requests representatives of the NYS Departments of
Health and Environmental Conservation, the city Department of Public Works, and
the Joint City-County Lead Action Task Force to attend this hearing.
ADOPTED.
No. 186
By: Messrs. Pitts & Fahey
Set Public Hearing
Proposed Land Disposition Agreement For A Portion Of New Buffalo Industrial
Park Portion Of Disposition Parcel 4
Whereas, CVM Electric, 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 of Buffalo Urban Renewal Agency; and
Whereas, The City of Buffalo Urban Renewal Agency and the Redeveloper has
negotiated a Land Disposition Agreement for the disposition of a portion of
disposition Parcel 4 In the New Buffalo Industrial Park.
Whereas, The terms of said Land Disposition Agreement have been approved by
the City of Buffalo Urban Renewal Agency; and
Whereas, Said Land Disposition Agreement has been forwarded by the City of
Buffalo Urban Renewal Agency to this Common Council for action, pursuant to
section 507, subdivision 2(d) of the General Municipal Law; and
Whereas, Article 15A of the "General Municipal Law" requires that the
disposition of 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 of Hearing" in the Buffalo News, no later than the
9th day of July 1993.
2. That this Common Council will conduct a Public Hearing on the matter
stated in said "Notice of Hearing" at 2:00 P.M. in the Council Chambers on the
20th day of July 1993.
ADOPTED.
No. 187
By: Messrs. Pitts & Fahey
Set Public Hearing
Proposed Land Disposition Agreement For A Portion Of New Buffalo Industrial
Park Portion Of Disposition Parcel 5
Whereas, Midway-CTS Buffalo, Ltd. 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 of Buffalo Urban Renewal Agency; and
Whereas, The City of Buffalo Urban Renewal Agency and the Redeveloper has
negotiated a Land Disposition Agreement for the disposition of a portion of
disposition Parcel 5 in the New Buffalo Industrial Park.
Whereas, The terms of said Land Disposition Agreement have been approved by
the City of Buffalo Urban Renewal Agency; and
Whereas, Said Land Disposition Agreement has been forwarded by the City of
Buffalo Urban Renewal Agency to this Common Council for action, pursuant to
section 507, subdivision 2(d) of the General Municipal Law; and
Whereas, Article 15A of the "General Municipal Law" requires that the
disposition of 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 of Hearing" in the Buffalo News, no later than the
9th day of July 1993.
2. That this Common Council will conduct a Public Hearing on the matter
stated in said "Notice of Hearing" at 2:00 P.M. in the Council Chambers on the
20th day of July 1993.
ADOPTED.
No. 188
By: Mr. Pitts
Set Public Hearing Clinton-Emslie New Housing Phase II Amendment
of Land Disposition Agreement Burke Brothers Construction, Inc.
Whereas, Burke Brothers Construction, 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 of Buffalo Urban Renewal Agency (herein
referred to as the "Agency"); and
Whereas, The Agency and the Redeveloper have negotiated an amendment to the
Land Disposition Agreement which will include 91, 93, 103, 107, 162, 166, 175,
177, 183, 185 Peckham and 439 Emslie Street to Schedule A of said LDA for the
Clinton-Emslie New Housing Project Phase II in the Community Wide Urban Renewal
Demonstration Program Area; and
Whereas, Said Land Disposition Agreement has been forwarded by the Agency to
this Common Council for action, pursuant to Section 507, subdivision 2 (d) of
the General Municipal Law; and
Whereas, Article 15A of the "General Municipal Law" requires that the
disposition of 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 of Hearing" in the Buffalo News, no later than the
9th day of July 1993.
2. That this Common Council will conduct a Public Hearing on the matters
stated in said "Notice of Hearing" at 2:00 o'clock p.m. in the Council
Chambers on the 20th day of July 1993.
ADOPTED.
No. 189
By: Mr. Pitts
Set Public Hearing: Emslie NDP New Housing Project Amendment to
Land Disposition Agreement M J Ogiony Builders, Inc.
Whereas, M J Ogiony Builders, 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 of Buffalo Urban Renewal Agency (herein referred to as
the "Agency"); and
Whereas, The Agency and the Redeveloper have negotiated an amendment to
the Land Disposition Agreement which will reduce the total number of units to
be constructed under the subject LDA from seventy-one (71) to sixty-two (62)
units for the Emslie NDP New Housing Project; and
Whereas, said Land Disposition Agreement has been forwarded by the Agency
to this Common Council for action, pursuant to Section 507, subdivision 2 (d)
of the General Municipal Law; and
Whereas, Article 15A of the "General Municipal Law" requires that the
disposition of 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 of Hearing" in the Buffalo News, no later than the
9th day of July 1993.
2. That this Common Council will conduct a Public Hearing on the matters
stated in said "Notice of Hearing" at 2:00 o'clock p.m. in the Council Chambers
on the 20th day of July 1993.
ADOPTED.
No. 190
By: Mr. Pitts
Negotiate Erie Basin Marina Lease
Whereas: The present lease with the Aud Club Inc. to operate the
Erie Basin Marina expires in November of this year; and
Whereas: In order to begin negotiations for the new lease it is imperative
that the Committee to Negotiate the Erie Basin Lease be resurrected;
Therefore Be it Resolved:
That The Common Council President reactivate the Erie Basin Marina Lease
Negotiating Committee and appoint its members including the Commissioner of
Public Works, the Comptroller, the Corporation Counsel, or their designees.
ADOPTED.
No. 191
By: Mr. Pitts
Designate Auditorium / Stadium Task Force to Negotiate Crossroads
Arena Lease
Whereas: The impending completion of the financing package for
the new Crossroads Arena will move the project into its next phase; and
Whereas: A key element of this next phase is the negotiation of a lease
between the parties involved;
Now, Therefore, Be It Resolved:
That this Common Council authorize the Auditorium / Stadium Task Force to
negotiate a lease for the new Crossroads Arena.
ADOPTED.
No. 192
By: Mr. Pitts
Installation of Speed Limit Signs at Marine Drive Apartments
Whereas: Marine drive Apartments located on the Waterfront houses
many senior citizens and handicapped individuals, and
Whereas: This area has become a short cut for people who frequent the
Marina, Crawdaddy's, hockey games, etc., and
Whereas: There are presently no speed limit signs located there to prevent
cars passing through the area from speeding, and
Whereas: The residents fear the someone will be seriously injured by a
speeding vehicle unless this problem is addressed.
Now Therefore Be It Resolved That: The Common Council requests the Department
of Public Works to install the appropriate speed limit signs for the area.
ADOPTED.
No. 193
By: Mr. Pitts
Scarifying South Division and Swan Street Between Michigan and
Pine Streets
Whereas: New housing construction has increased through out the
City of Buffalo causing the transformation of formerly declining neighborhoods,
and
Whereas: The neighborhood bordered by Michigan, South Division, Pine and
Swan Streets is one such area, and
Whereas: The residents are working diligently to keep their property Looking
nice.
Now Therefore Be It Resolved That: The Common Council requests that the
Department of Public Works scarify South Division and Swan between Michigan and
Pine Streets.
ADOPTED.
No. 194
By: Mr. Pitts
Request Article 78 Proceeding - Selection of Ellicott Management
Corporation for Development Projects and Request Board of Ethics Review
Possible Conflict of Interest - Carl Paladino
Whereas: The methods used for selection of developers by the City
of Buffalo's Department of Community Development, the Department of Inspections
and Community Revitalization, or the Buffalo Urban Renewal Agency is not always
made clear to this Common Council; and
Whereas: Some developers, such as the Ellicott Management Corporation and
other corporations with Carl Paladino as a principal, seem to receive
preferential treatment by the present administration in being selected for
development projects because of the relationship its principals share with the
administration; and
Whereas: The Common Council has a right to obtain clarification of the
selection process for development projects involving public funds or public
properties; and
Whereas: In addition, the Common Council has the right to request a Board of
Ethics review of any individual who holds a position on city boards or agencies
as Mr. Paladino does as member of the Board of Parking;
Now, Therefore, Be It Resolved:
That the Common Council request the Corporation Counsel to begin an
Article 78 proceeding to disclose the methods used for selection of Ellicott
Management Corporation as developer of Carroll Street; and
Be It Further Resolved:
That Ellicott Management Corporation and all other corporations involving
Carl Paladino disclose to this Common Council all parking lots which they own
and/or operate within the City of Buffalo; and
Be It Finally Resolved:
That this Honorable Body request the Board of Ethics to conduct an
investigation to determine whether a conflict of interest exists due to Mr.
Carl Paladino's service as a member of the Board of Parking and his involvement
as owner and/or operator of commercial parking lots.
ADOPTED.
AYES- ARTHUR, BELL, COLLINS, COPPOLA, PERLA, PITTS, ZUCHLEWSKI- 7.
NOES- AMOS, BAKOS, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO- 6.
No. 195
By: Mr. Pitts
Negotiate Private Sale of 635 Broadway
Whereas: Ms. Sandra Archibald and Mark O'Riley own property at
633 Broadway, and
Whereas: The property at 635 Broadway is vacant. Ms. Archibald wishes to
expand the business.
Now Therefore Be It Resolved That: The Common Council request the Division of
Real Estate to negotiate a private sale of 635 Broadway to Ms. Archibald and
report back to the Common Council.
ADOPTED.
No. 196
By: Mr. Zuchlewski
Suburu Buffalo 4 Mile Chase
Whereas: The organizers of the Suburu Buffalo 4 Mile Chase have
requested permission to conduct this annual race on July 24, 1993, and
Whereas: In the past, there have been problems with various individuals
and/or vendors setting up and selling inappropriate wares, and
Whereas: Through the sale of inappropriate wares, neighborhood merchants
suffer adversely from this competition, and
Whereas: The organizers would like a designated area bounded by Forest to
St. James and Richmond to Delaware in which only those vendors with an issued
permit from the race committee would be allowed to sell their goods, and
Whereas: Neighborhood merchants would not be expected to have a permit and
would be allowed to sell their goods as they normally would on a daily basis,
and
Now, Therefore, Be it Resolved:
That organizers of the Suburu Buffalo 4 Mile Chase be granted permission
to conduct the annual race, and be it further
Resolved:
That the area bounded by Forest to St. James and Richmond to Delaware be
a designated area in which neighborhood merchants are allowed, as always, to
sell their wares and only those vendors who receive an appropriate permit
issued by the organizers of the Suburu Buffalo 4 Mile Chase be allowed to do
the same.
PASSED.
AYES- 13 NOES- 0.
No. 197
By: Mr. Zuchlewski
Update on 2192 Niagara St.
Whereas: The owners of the restaurant located at 2192 Niagara St.
came before the Common Council (C.C.P. # 63, July 7, 1992) to request
permission to reconstruct and expand, and
Whereas: Part of the financing of this restaurant was going to be a Section
108 loan to be submitted for approval at a later date, and
Whereas: To date, this Common Council has not been brought up to date on the
progress of the expansion,
Now, Therefore, Be It Resolved,
That this Common Council request the Dept. of Community Development and
the Buffalo Enterprise Development Corp. to update the Common Council on the
status of this project.
REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT.
No. 198
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:
Leonard A. Sniadecki
Barbara Islam
Mariah E. Gaughan
Daniel J. Gaughan
Mark K. Galvin
Jeremy Rosen
Charlie Ambrose
Barbara J. Zak
Patrick M. Kazyck
Hope Hoetzer Cook
William Kilcoyne
Andres Garcia
Betty Ziemba
Cronan P. Long
TOTAL:14
ADOPTED.
No. 199
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, JULY 13, 1993 9:30 AM
Finance Tuesday, JULY 13, 1993
Immediately Following Civil Service
Legislation Tuesday, JULY 13, 1993 2:00 PM
Economic Dev. Wednesday, JULY 14, 1993, 10:00 AM
No. 200
Adjournment
On a motion by Mr. Fahey, Seconded by Mr. Higgins the Council
adjourned at 3:10 P.M.
CHARLES L. MICHAUX, III
City Clerk
Meeting Reported By Leonard G. Sciolino, Council and Committee Reporter.