HomeMy WebLinkAbout93-1130
No. 22
Common Council
Proceedings
of the
City of Buffalo
Regular Meeting, November 30, 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. Pitts - Ellicott
David A. Franczyk Fillmore
Norman M. Bakos Lovejoy
David A. Collins Masten
Carl A. PerIa Jr. Niagara
Dale Zuchlewski North
Brian M. Higgins South
Archie L Amos, Jr. University
REGULAR COMMITTEES
CIVIL SERVICE COMMITTEE
: James W. Pitts, Chairman,
George K. Arthur, Alfred T. Coppola, Eugene M. Fahey, Carl A. 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. Pitts, Members.
FINANCE COMMITTEE:
David Collins, Chairman, Clifford Bell, Eugene M. Fahey,
David A. Franczyk, Brian M. Higgins, Carl A. PerIa, Jr., Members.
LEGISLATION COMMITTEE:
Alfred Coppola, Chairman, Archie L. Amos, Jr., Norman M.
Bakos, Rosemarie LoTempio, James Pitts, Dale Zuchlewski Members
RULES COMMITTEE:
George K. Arthur, Chairman, Eugene M. Fahey, James W. Pitts,
Members
URBAN RENEWAL:
Archie L. Amos, Jr., Chairman, David A. Franczyk., Brian M.
Higgins, Rosemarie Lotempio, Carl A. 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.
SPECIAL COMMITTEE ON EDUCATION:
Hon. Dale Zuchewski, Chariman, Hon. Archie L.
Amos, Hon. Brian M. Higgins, Hon.Rosemarie LoTempio, Hon. Carl A. Perla, Jr.
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.
PARKS CONSERVACY TASK FORCE:
- Hon David A. Franczyk, Hon. Archie L. Amos, Jr.
Hon Dale L. Zuchlewski, John Scardino, Robert Kresse, Pamela DiPalma, Mark
Mistretta, Susan West, Albert Howard, Marge Miller, Patty Farrell, Jack
McGowan, Thomas J. Barnes, Wes Olmsted, Robert Meldrum, Robert Meldrum, Paula
Mulligan, Louise Snyder, Rev. Benny Sheppard, Gretchen Toles, Stan Buczkowski,
David P. Comerford, Samuel F. Iraci, Jr.
POLICE REORGANIZATION TASK FORCE:
Hon. Eugene M. Fahey, Chairman; Hon. George
k. Arthur, Hon. Clifford Bell, Hon. Rosemarie LoTempio. Michael Trimboli, Ralph
Degenhart, Edward C. Hempling, Richard Donovan, Kenneth R. Kirby, Richard
Planavsky, George J. Panepinto, Martha Dippel. James J. McMahon, Craig Speers,
William Dunford, Levirn Hill, John V. Elmore.
STREETS DEPARTMENT OVERSIGHT TASK FORCE:
Hon. Alfred T. Coppola, Chairman; Hon.
Brian M. Higgins, Hon. Dale Zuchlewski, Bart Sumbrum Designee, John Scardino.
CORPORATION PROCEEDINGS
COMMON COUNCIL
CITY HALL- BUFFALO
Tuesday, November 30, 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 November 16, 1993 were approved.
FROM THE MAYOR
No. 1
Renaming the Eagle Ramp the
Robert B. Adam Parking Ramp
Pursuant to Chapter 286-3, Section A, Subsection (1) and (2),
of the Ordinances of the City of Buffalo, and based upon his outstanding
service over many years to the Greater Buffalo area, I am requesting the Common
Council to formally consider and approve the renaming of the Eagle Ramp as the
Robert B. Adam Parking Ramp.
Mr. Adam was Chairman of the major retail business AM & A's from 1980 to
the day he passed away on September 10, 1993. Previous to being Chairman, he
was President of AM & A's from 1946 to 1980.
Mr. Adam served over 43 years as President of Buffalo Civic Auto Ramps,
Inc. Also, he served as Director of Buffalo Civic Auto Ramps, Inc. since 1957.
It was during his term as President of Buffalo Civic Auto Ramps, Inc. that all
of the City of Buffalo's existing downtown parking ramps were constructed.
Mr. Adam's extensive community involvement included: Vice Chairman of the
Greater Buffalo Development Foundation, Chairman of the Downtown Committee,
Director of the YMCA, Director of the Blind Association, Trustee of the United
Way, Chairman of the Board of Trustees of Children's Hospital, Trustee of
Forest Lawn Association, Trustee of the Urban Renewal Association, Director of
1490 Jefferson Avenue, Director of the Greater Buffalo Chamber of Commerce,
President of the Greater Buffalo Convention and Visitors Bureau, Director of
the Waterfront Development Committee, Director of the Albright Knox Art
Gallery, and past Chairman of the United Negro College Drive.
Mr. Adam's extensive community involvement has been acknowledged by many
diverse organizations. He received awards from the local and U.S. Junior
Chambers of Commerce, the Canisius College Board of Regents, the State
University at Buffalo Business School, the Buffalo Federation of Women's Clubs,
the Boy Scouts, and the National Conference of Christians and Jews.
I believe the service provided to the Greater Buffalo area by Mr. Adam
warrants a lasting tribute to his memory. I am confident Your Honorable Body
will agree.
Thank you for your consideration in this regard.
LAID ON THE TABLE.
FROM THE MAYOR - EXECUTIVE DEPARTMENT
FROM THE CITY PLANNING BOARD
No. 2
D. Braasch, Request To Erect A Concrete Batch Plant With A Three Story, 10'x
20' Masonry Building- 49 Leddy St.
Item No. 97, C.C.P., November 3, 1993
The City Planning Board at its regular meeting held Tuesday, November
23, 1993, considered the above request pursuant to Section 511-67 of the
Buffalo Code, the Buffalo Coastal Special Review District.
The applicant seeks to build a concrete batch plant with an accessory
three-story masonry office building. The area of the site will be
approximately 6 acres.
The site is located in an M2 zone which permits such uses. The site is
not adjacent to the Buffalo River, nor is it a part of the city's proposed
L.W.R.P..
Question arose over various environmental concerns relating to noise,
dust and vibrations. The applicant informed the Board that such matters would
be mitigated via various N.Y.S. Department of Environmental Conservation
permits. Questions also arose over the levels of traffic generated by the batch
plant's operations. The applicant informed the Board that initially raw
materials would enter the plant via trucks but that in the future a rail spur
is anticipated to supply the operation. As for ready mixed concrete leaving
the plant for various job sites, the applicant anticipates 30 trucks per
10-hour work day. No night dispatches of ready mixed concrete are anticipated.
The trucks will have minimum impact on contiguous neighborhoods.
Under S.E.Q.R., the matter is considered an unlisted action which may be
studied through uncoordinated review.
The Planning Board voted to approve the proposed batch mixing plant on
the condition that all necessary N.Y.S. Department of Environmental
Conservation permits are issued relative to the batch plant's operation.
REFERRED TO THE COMMITTEE ON LEGISLATION.
FROM THE PRESERVATION BOARD
No. 3
Walgreen Pharmacy Construction
SEQRA Lead Agency Designation
The City of Buffalo Preservation Board has received an application
for demolition and new construction (the "Project"), submitted on behalf of
Walgreen Co., ("Walgreen"), together with a completed Part 1 of a Full
Environmental Assessment Form ("EAF"), attached hereto.
The Project is located on the southwest corner of Delaware Avenue and
North Street where a Howard Johnson Restaurant exists. Howard Johnson is
planning to close the restaurant at the end of 1993 due to a lack of business.
Walgreen is a publicly-traded, Fortune 500 corporation, headquartered in
Deerfield, Illinois, with over 1800 stores in 29 states, sales over $8 billion,
and 60,000 employees. Walgreen is proposing to demolish the existing restaurant
and construct a full-service drug store, with a prescription window, consisting
of a new, 13,500 square feet at grade building. The proposed exterior design
of the building and landscaping will complement and blend with the historical
and aesthetic context of the existing neighborhood. A paved parking area will
consist of 57 parking spaces, including 3 handicapped access spaces.
The Project is defined under the New York State Environmental Quality
Review Act ("SEQRA") as a Type I action because it is located within an
historic district and is substantially contiguous to buildings listed on the
State and National Registers of Historic Places. The Preservation Board has
identified both this Common Council and the City of Buffalo Planning Board as
potentially involved agencies.
Because more than one agency is potentially involved, a Lead Agency must
be established prior to a determination of the significance of the proposed
action. Therefore, the Preservation Board respectfully requests that your
Honorable Body consent to this designation by approving and completing the
attached Lead Agency Consent and Affirmation form.
This request has been submitted to the City of Buffalo Planning Board for
its approval.
REFERRED TO THE COMMITTEE ON LEGISLATION.
FROM THE COMPTROLLER
No. 4
Certificate of Necessity
Increased Appropriation
Reserve for Capital Improvements
Division of Inventory and Stores
We. James D. Griffin, Mayor and Joel A. Giambra, Comptroller,
do hereby certify pursuant to Section 41 of the Charter, that an increase in
the sum of $1,000 in the estimates for the fiscal year beginning July 1, 1993
is necessary in Appropriation Allotments-Division of Inventory and Stores to
meet a contingency which could have been reasonably foreseen when the budget
was adopted. The amount of increased appropriation will be met from
100-819-842 - Reserve for Capital Improvements not otherwise appropriated for
any other purpose. The detail of the requirements are set forth below.
Dated: Buffalo, NY, November 18, 1993
RECEIVED AND FILED.
No. 5
Certificate of Necessity
Increased Appropriation
City Revenue
Division of Real Estate
We, James D. Griffin, Mayor and Joel A. Giambra, Comptroller,
do hereby certify, pursuant to Section 41 of the Charter, that an increase in
the sum of $8,000 in the estimates for the fiscal year beginning July I, 1993
is necessary in Appropriation Allotments - Division of Real Estate to meet a
contingency which could not have been reasonably foreseen when the budget was
adopted. The amount of increased appropriation will be met from an increase in
the General Fund - City Revenue account 100-043-402-92040 - Rental of In Rem
Property not otherwise appropriated for any other purpose. The detail of the
requirements are set forth below:
Dated: Buffalo, New York, November 23, 1993
RECEIVED AND FILED.
No. 6
Certificate of Necessity
Transfer of Funds
Division of Budget and Management
Division of Engineering
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 $100,000 be transferred and reappropriated from the Division of
Budget and Management, as set forth below:
Dated: Buffalo, NY, November 19, 1993
RECEIVED AND FILED.
No. 7
Interfund Loans
Over the last six years, the City has provided interfund loans
from the City General Fund to The City, Board and Enterprise Capital Projects
Funds to implement financing of the Capital Improvements Budget. The interfund
loans are repaid when the Bond Anticipation Notes or Bonds are issued to
finance these projects.
As of today, we have two requests for money to finance projects and we
will not re-enter the bond market at this time.
We are requesting that you approve interfund cash loans from the General
Fund to the Capital Projects Fund in the amount of $250,000 for the
reconstruction of Delaware Park Buildings and from the General Fund to the
Board of Education Capital Projects Fund in the amount of $3,850,000 for
construction of the Early Childhood Center School. The loan will be repaid
when Bond Anticipation Notes or Bonds are issued.
From To Account Repayment Date
Total
100 Gen 200 Cap Proj 200-402-027 BAN/Bond Sale $250,000
100 Gen 200 Cap Proj 200-402-027 BAN/Bond Sale $3,850,000
Mr. Fahey moved:
That the communication from the Comptroller, dated November 23, 1993, be
received and filed; and
That the Comptroller be, and he hereby is, authorized to make an
interfund cash loan from the General Fund to the Capital Projects Fund in the
amount of $250,000 for the reconstruction of the Delaware Park Buildings and
from the General Fund to the Board of Education Capital Projects Fund in the
amount of $3,850,000 for construction of the Early Childhood Center School.
The loans will be repaid when Bond Anticipation Notes or Bonds are issued.
PASSED.
AYES- 13 NOES- 0.
No. 8
Quarterly Financial Data
This is to advise that a report of the Appropriations, Expenditures,
Encumbrance and Revenue activity of the City of Buffalo General Fund for the
period July 1 through September 30, 1993 has been delivered to Common Council
Chief-of-Staff Vincent LoVallo.
This is in response to your request for quarterly financial data. We have
also submitted this data to the Budget Office and it is made available to
departments and divisions individually in a printed format and on their
"on-line computer terminals".
This approach has been utilized due to the size of the reports and
limited budgetary resources.
The Statement of Appropriation/Accounting Activity reports data on an
individual expense line basis. The Summary of Appropriation/Accounting
Activity summarizes line items data by function within departments and
divisions, and includes the General City Charges line accounts, i.e.:
departments with an 811 identifier. The Detail of Revenue Report summarizes
individual revenue accounting activity by department and division, and also
summarizes all revenue activity by source (NYS, Federal, etc.).
RECEIVED AND FILED.
No. 9
Permission to Negotiate
Portion of 26-34 Bush
193' S Amherst
The office of the Comptroller, Division of Real Estate, has received
a request from Frank J. & Patricia Kiebzak, 36 Bush, Buffalo, New York, to
purchase a portion, 33' in front and 70' in the back, of the above captioned
property in order to square off their property.
The Tax and Demolition Lien offices have been contacted and there are no
taxes and/or no demolition liens owing. The Department of Community
Development and Community Revitalization were also contacted and have no
objections to a sale.
Therefore, we are requesting permission to negotiate a private sale with
Frank J. & Patricia Kiebzak and will report the results of our negotiation back
to Your Honorable Body for final approval.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 10
Permission to Negotiate
308 Goodyear (30' x 110')
W 206.48' N Walden
Assessed Value: $900
The office of the Comptroller, Division of Real Estate, has received
a request from Norman H. and Joanne Gunterman, 302 Goodyear, Buffalo, New York,
to purchase the above captioned property for extra yard space
The Tax and Demolition Lien offices have been contacted and there are no
taxes and/or no demolition liens owing. The Department of Community
Development and Community Revitalization were also contacted and have no
objections to a sale.
Therefore, we are requesting permission to negotiate a private sale with
Norman H. and Joanne Gunterman and will report the results of our negotiation
back to Your Honorable Body for final approval.
Mr. Fahey moved:
That the communication from the Comptroller dated November 23, 1993, be
received and filed; and
That the Comptroller be, and he hereby is, authorized to negotiate with
Norman H. & Joanne Gunterman, residing at 302 Goodyear, for the private sale of
308 Goodyear and report to this Honorable Body the results of such
negotiations.
ADOPTED.
No. 11
Results of Negotiations
34 Marshall
Improved 2 Family Home
Assessed Valuation: Land $1,000
Total $8,300
The Office of the Comptroller, Division of Real Estate, has received
a request from Ms. Lucille Norris, 38 Marshall Street, Buffalo, New York 14211,
to purchase the above captioned property. The property is a one and a half
story, 2 family structure, situated on a lot 30 feet by 146 feet. The property
was acquired by the City of Buffalo through in-rem tax foreclosure in 1992.
The property is in poor condition requiring extensive interior and exterior
repairs. Ms. Norris intends to purchase and rehabilitate the 2 family home,
providing one of the units for her mother.
Ms. Lucille Norris has provided this office with a detailed estimate of
the cost involved for the rehabilitation of the property and proof of financial
ability to complete the purchase and the rehabilitation of the property.
An independent appraisal of the property was conducted by Able Appraisal
Associates, Mr. Dennis Walker, Appraiser, 43 Paul Street, Buffalo, New York
14209. He has estimated the fair market value of the property to be Two
Thousand Dollars, ($2,000). The appraiser has noted in his appraisal report
that the subject property needs major repairs for habitability. In the
appraiser's final evaluation, value is attributed to the land only. The
Division of Real Estate concurs with the appraisers estimate of value.
The results of our negotiations are that Lucille Norris has agreed and
are prepared to pay Two Thousand Dollars ($2,000) for the subject property.
She has also agreed to pay for the cost of the appraisal, transfer tax,
recording fees and cost of the legal description.
Therefore, I am recommending that Your Honorable Body approve the sale of
34 Marshall to Ms. Lucille Norris in the amount of Two Thousand Dollars
($2,000). I am further recommending that Your Honorable Body authorize the
Corporation Counsel to prepare the necessary documents for the transfer of
title and that the Mayor be authorized to execute the same.
Mr. Fahey moved:
That the communication from the Comptroller, dated November 22, 1993, be
received and filed; and
That the offer of Ms. Lucille Norris, 38 Marshall Street, in the sum of
$2,000.00 (Two Thousand Dollars) to purchase the property described as 34
Marshall, 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. 12
Lottery System For The Sale Of In-Rem Property
C.C.P. # 144, 11/16/93
With reference to the above, please be advised that the Office
of the Comptroller, Division of Real Estate concurs with the general concept of
enhancing the marketing of the ever increasing inventory of In-Rem properties,
both improved and unimproved. This office has long taken the position that the
City should make every effort to realize market value in its disposition of
real property.
Further, this office strongly endorses the concept that all perspective
buyers of City-owned property be required to undergo a thorough investigation
process to determine their capability of fulfilling all responsibilities
associated with property ownership. This includes financial stability and the
absence of any delinquencies on current properties owned (i.e. building code
violations; tax arrears; water, sewer or demolition assessments).
The process surrounding both In-Rem and privately negotiated sales
require that various Charter provisions be observed. While the idea of a
lottery system seems appealing, there are shortcomings that must be closely
examined prior to adopting such a system as general policy. I strongly suggest
that the Common Council empower a task force comprised of Assessment,
Administration & Finance, Community Development and the Division of Real Estate
to review all procedures surrounding the disposition of In-Rem properties.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 13
Ordinance Amendment Requiring More Scrutiny
of In-Rem Purchasers
C.C.P. #148 11/16/93
Please be advised that this office wholeheartedly supports and
endorses the concept of a more stringent review process surrounding the
purchase of In-Rem property.
This office fully intends to cooperate with the other City departments
mentioned to draft a proper ordinance subsequent to the Common Council's
approval of Mr. Fahey's resolution.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 14
Certificate of Appointment
Appointment effective November 22 1993 in the Department of Audit
and Control, Division of Data Processing, Marie T Gallagher, 186 Auburn Ave.,
Buffalo 14213, to the position of Systems Analyst, Permanent, at the
Intermediate starting salary of $ 36,092.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
No. 15
Certificate of Appointment
Appointment effective November 22 1993 in the Department of Audit
and Control, Division of Data Processing Ellen Kelly, 253 Heath St., Buffalo
14214, to the position of Systems Support Analyst, Permanent, at the Maximum
starting salary of $37,552.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
No. 16
Certificate of Appointment
Appointment effective November 22 1993 in the Department of Audit
and Control, Division of Data Processing, James Seguin, 91 Larchmont, Buffalo
14216, to the position of Systems Analyst, Permanent, at the Maximum starting
salary of $37,552.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
FROM THE COMMISSIONER OF ASSESSMENT
No. 17
Certificate of Appointment
Appointment effective November 12, 1993 in the Department of Assessment,
Florence M. Nowicki, 38 Barnard Street, Buffalo NY 14206 to the position of
Senior Clerk, Provisional, at the Maximum starting salary of $ 22,780.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
FROM THE COMMISSIONER OF PUBLIC WORKS
No. 18
Extension of Time of Contract Genesee Street Valve Replacement City Contract
No. 91740400
In accordance with the terms of the contract between the City
of Buffalo and Kandey Company, Inc., City Contract No. 91740400, Valve and
Hydrant Replacement in Genesee Street from Jefferson Avenue to Fillmore Avenue,
this office has received a request for an extension of time.
The original completion date is Thursday, February 3, 1994. Due to the
inability to install permanent pavement at this time of year, Kandey Company,
Inc. requests that the contract for the above mentioned work be extended until
May 30, 1994 in order to complete the permanent installation.
Accordingly, I have granted an extension of time in the contract with
Kandey Company, Inc.
The new completion date for this contract is May 30, 1994.
RECEIVED AND FILED.
No. 19
Bond Cancellation
395 Delaware Avenue
It is hereby certified that the bond described below be canceled.
Principal: David's Deli DBA Dadol Catering Inc.
Surety: Aetna Casualty & Surety
Amount: $5,000.00
Dated: October 4, 1989
Structure: Sidewalk Cafe
Location: 395 Delaware Avenue
This bond is no longer required due to the fact the encroachment has been
removed from city right of way. The above captioned bond should be deemed
released and canceled as to future liability in accordance with the provisions
of the City of Buffalo Ordinance.
RECEIVED AND FILED.
No. 20
Release of Bond Chase Bag Company
The Buffalo Enterprise Development Corporation has requested a
release from the $5,000.00 construction and maintenance bond that has been on
file since 1949. This bond was required to insure maintenance of an eight
inch watermain crossing Rano Street servicing the Chase Bag Building located at
155-175 Rano Street, Buffalo, New York.
The Buffalo Enterprise Development Corporation has agreed to be
responsible for the maintenance of the eight inch watermain to the Chase Bag
Building.
This request was referred to the Corporation Counsel's Office for a legal
opinion. Per Michael B. Risman, Sr. Deputy Corporation Counsel, it is your
Honorable Body's discretion to waive this bond requirement for BEDC.
Therefore, it is hereby respectfully requested, that permission be
granted for the Division of Water to waive the bond requirement with the
understanding that the BEDC will be responsible for the maintenance of the
eight inch watermain to the Chase Bag Building.
Mr. Fahey moved:
That the communication from the Department of Public Works, dated
November 9, 1993, be received and filed; and
That the Division of Water be, and he hereby is authorized to waive
$5,000 construction and maintenance bond requirements provided that the BEDC
execute a consent and affirmation, covenanting that BEDC will maintain the
eight inch watermain as more fully described in the above communication, such
consent and affirmation to be provided in a form acceptable to the Corporation
Counsel.
PASSED.
AYES- 13 NOES- 0.
No. 21
Claim for Wages Various Employees
From November 22 through December 5, 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 November 22 through December 5, 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
In addition please pay for any shift differential, holiday or overtime
pay.
Mr. Fahey moved:
That the communication from the Department of Public Works, dated
November 17, 1993, be received and filed; and
That the Comptroller be, and he hereby is authorized to issue payments
for time worked from November 22, 1993 through December 5, 1993 to the
individuals listed and in the amounts specified in the above communication.
PASSED.
AYES- 13 NOES- 0.
No. 22
Maintenance Agreements For Highway, Portions Of The Structure, and
Sidewalks-Bailey Avenue-Broadway to Walden over Conrail
Item #26, C.C.P. 11/12/91
Whereas, the New York State Department of Transportation has submitted
to the Common Council a proposed agreement by which the City of Buffalo is to
maintain a portion of the structure over Conrail and West Shore Avenue
identified as BIN 2-02644-0, and related approach work, as shown on the
contract plans, and to be designated as New York Project Number 5307.71.121 and
said proposed agreement also provides for the City of Buffalo to request the
Department of Transportation to submit the aforementioned project with the
recommendation that they be approved by the Administrator of the United States
Federal Highway Administration, and that if such project is approved and
constructed by the Department and the Administrator of the United States
Federal Highway Administration, the City of Buffalo will thereafter, at its own
cost and expense, maintain the project in a manner satisfactory to the
Department of Transportation and the Administrator of the United States Federal
Highway Administration, or their authorized representatives, and make ample
provision each year for such maintenance.
Therefore, Be It Resolved, that the City of Buffalo maintain such
highways and portion of the structure and guarantee the maintenance of such
highways and portion of the structure when constructed and will pay the cost of
such maintenance and will maintain the project in a manner satisfactory to the
New York State Department of Transportation, or its authorized representatives,
and will make ample provisions each year for such maintenance, and
Be It Further Resolved, that the City of Buffalo approves the sidewalks
shown on the plans relating to the project and that the City will maintain or
cause to be maintained the sidewalks constructed, and
Be It Further Resolved, that the New York State Department of
Transportation submit such project to the Administrator of the United States
Federal highway Administration and recommend to him the approval of the same
for construction, and
Be It Further Resolved, that the Mayor is authorized to enter into an
agreement with the State Department of Transportation for the maintenance
described above.
Mr. Fahey moved:
That the communication from the Department of Public Works, dated
November 13, 1993, be received and filed; and
That the Mayor be, and he hereby is authorized to enter into an agreement
with the New York State Department of Transportation to maintain a portion of
the structure over Conrail and West Shore Avenue identified as BIN 2-2644-0,
and related approach work, as shown on the contract plans, and as more fully
described in the above communication.
PASSED.
AYES- 13 NOES- 0.
No. 23
Report of Bids
New Watermain in Hillary Street New Watermain
and Service Transfers in Potters Road
As authorized by your Honorable Body in Item No. 24 of October
19, 1993 plans and specifications were prepared and sealed proposals accepted
for Replacement of approximately 650 linear feet of existing 6 inch watermain
in Hillary Street from Mineral Springs Road easterly to dead end with new 10
inch watermain and replace approximately 1,900 linear feet of 6 inch watermain
in Potters Road from Abbott Road southerly to Woodside Avenue with new 8 inch
watermain.
I submit the following report of all bids received which were opened in
my office at 11:00 a.m. on Wednesday, November 17, 1993:
Mar-Wal Construction
440 Gould Avenue
Depew, New York 14042 $ 287,400.00
E & R General Construction, Inc.
38 St. Davids Drive
West Seneca, New York 14224 $ 298,345.00
Paul J. Gallo
PO Box 453
East Amherst, NY 14207 $ 340,700.20
Kandey Company
19 Ransier Drive
West Seneca, New York 14224 $ 374,866.00
Firstrhyme Construction Corporation, Inc.
3517 Genesee Street
Buffalo, New York $ 453,150.00
Nichter Utility
344 Vulcan Street
Buffalo, New York $ 459,920.00
I hereby certify that the foregoing is a true and correct statement of
all bids received and that Mar-Wal Construction, 440 Gould Avenue, Depew, New
York is the lowest responsible bidder for the New Watermain in Hillary Street,
New Watermain and Service Transfers in Potters Road with their bid of
$287,400.00
I respectfully request that your Honorable Body authorize the
Commissioner of Public Works to enter into a contract with Mar-Wal Construction
for the above work in the amount of $287,400.00 and the same be charged to the
Division of Water's 416-980-060 account.
The Engineer's estimate for this work was $525,000.00.
Mr. Fahey moved:
That the communication from the Department of Public Works, dated
November 22, 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 Watermain in Hillary Street and a New Watermain and
Service Transfers in Potters Road to Mar-Wal Construction, the lowest
responsible bidder in the amount of $287,400.00, with said cost to be charged
against the Division of Water's 416-980-060 account.
PASSED.
AYES- 13 NOES- 0.
No. 24
Report of Bids
Kensington Recreation Center
As authorized by Your Honorable Body in Item #50, C.C.P. 07/21/92,
I advertised for on November 2, 1993 and received the following sealed
proposals which were publicly opened and read on November 23, 1993.
General Construction Work BASE BID
Concept Construction $2,046,000.00
Westmore Construction 2,065,000.00
Nichter Associates 2,067,000.00
Midland 2,087,000.00
Higgins-Kieffer Inc. 2,097,469.00
Mar-Teck 2,097,667.00
Kirst Construction 2,145,274.00
The Hadala Corporation 2,162,000.00
Gerald T. Stay 2,247,700.00
Wilsandra Construction 2,254,000.00
New Era Construction 2,261,800.00
Plumbing Work BASE BID
Numarco $136,600.00
J D Plumbing 152,397.00
Matthew Kandefer Inc. 153,345.00
H B Plumbing Inc. 158,650.00
Ackerman & Huebsch Inc. 174,300.00
W. C. Roberson Plumbing 198,900.00
S & S Plumbing 199,900.00
Electrical Work BASE BID
Weydman Electric $247,390.00
Industrial Power & Light 249,835.00
Gordon & Zoerb 251,800.00
CIR Electrical Const. 265,000.00
Ferguson Electric 265,750.00
Wittburn Enterprises 272,000.00
Frey Electric 299,000.00
I hereby certify that the foregoing is a true and correct statement of
all bids received and that the following are the lowest responsible bidders in
accordance with the plans and specifications:
General Construction Work - Concept Construction for a total of $2,046,000.00
Plumbing Work - Numarco for a total of $136,600.00. Electrical Work - Weydman
Electric for a total of $247,390.00.
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 200-402-007 - Division of
Buildings.
Total estimate for this work was $2,458,000.00.
REFERRED TO THE COMMITTEE ON FINANCE, THE COMMISSIONER OF COMMUNITY DEVELOPMENT
AND THE COMMISSIONER OF ADMINISTRATION AND FINANCE.
No. 25
Erie Basin Marina
Phase Four Project
Item No. 35, C.C.P. 11/3/93
Your Honorable Body in Item #35, C.C.P. of 11/3/93 authorized
the award of the Erie Basin Marina Phase Four Contract. This is to inform you
that the Department of Public Works after further review will accept the base
bid only for this project in the amount of $266,349.00.
Destro & Brothers Concrete Co. remains the lowest responsible bidder for
this contract and I respectfully recommend that your Honorable Body order the
work and the cost thereof to be charged to the Division of Engineering Bond
Fund 200-401-088-00-000 in an amount not to exceed $266,349.00, plus approved
unit prices not to exceed an additional amount of $26,634.90.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 26
Correction of Bond Account Charged
St. Columba Square Project
Item No. 36, 10/05/93
As authorized per CCP 36 of October 5, 1993 permission was granted
to engage the services of a consultant engineer to prepare plans and
specifications and receive bids, including inspection services, for
construction of new asphalt concrete pavement for the proposed St. Columba
Square Project between Hickory and Spring Streets with said costs to be charged
to the Division of Water's 416-982-015 account.
Please be advised this is the wrong bond account.
It is hereby requested that your Honorable Authorize the above work and
said costs to be charged to the Division of Water's 416-980-060 account.
Mr. Fahey moved:
That the communication from the Department of Public Works, dated
November 22, 1993, be received and filed; and
That the account for permission to engage the services of a consultant
engineer for the St. Columba Square Project (Item No. 36, C.C.P., October 5,
1993) should be corrected to be charged to the Division of Water's 416-980-060
account.
PASSED.
AYES- 13 NOES- 0.
No. 27
Permission To Engage The Services Of A Consultant Engineer To Do A Traffic
Impact Study For The Inner Harbor
I hereby request Your Honorable Body's authorization to enter
into a contract with a consultant engineer to provide a Traffic Impact Study
for the Inner Harbor.
The City of Buffalo will "Front End" funds for this contract, however we
anticipate 15% to 50% reimbursement from other non-city agencies. Funds for
this study will be available in Capital Bond Fund #200-401-548.
Mr. Fahey moved:
That the communication from the Department of Public Works, dated
November 21, 1993, be received and filed; and
That the Commissioner of Public Works be, and he hereby is authorized to
engage a consultant engineer to provide a Traffic Impact Study for the Inner
Harbor, with said cost to be Capital Bond Fund #200-401-548.
ADOPTED.
No. 28
Shoe Shine Stand in City Hall
G. Odom
Item #90, C.C.P. 11/03/93
The above referenced item has been referred to this department
for comment. Please be advised that this department has no objections to the
location of a Shoe Shine Stand in the basement level of City Hall. The
location and design of the stand to be' subject to the approval of the
Commissioner of Public Works.
If Your Honorable Body is in agreement with the above request, I suggest
that you direct the Corporation Counsel's Office to prepare the proper lease
and advise as to the insurance and hold harmless provisions which will be
required.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 29
Buffalo River Improvement Corporation "BRIC"
BRIC has requested that the City provide for certain energy saving
improvements as per the attached letter. The Corporation Counsel has reviewed
this matter and advised that these improvements can be financed over the
remaining term of the lease, including the 1990 extension running through 2003.
I respectfully request permission of Your Honorable Body to enter into an
agreement with BRIC to effectuate these improvements. It is planned that these
improvements will be added as an additional facility to the City's agreement
with CES/Way International, Inc., under the Power Partner Program.
Mr. Fahey moved:
That the communication from the Department of Public Works, dated
November 23, 1993, be received and filed; and
That the Commissioner of Public Works be, and he hereby is authorized to
enter into an agreement with the Buffalo River Improvement Corporation to
effectuate energy saving improvements, provided that the cost of said
improvements be financed over the remaining term of the lease, including the
1990 extension running through 2003; and provided further, that these
improvements be included as an additional facility covered under the CES/Way
International, Inc., under the Power Partner Program.
PASSED.
AYES- 13 NOES- 0.
No. 30
Encroachment; NFTA Bus Shelters
Mr. Gordon w. Foster, manager of Service Planning for the Niagara
Frontier Transportation Authority (NFTA), has requested permission to install
four bus shelters which would encroach city right of way.
The proposed locations are:
1. East side of Delaware Avenue opposite Cleveland Avenue.
2. Southeast corner Delaware and Hertel Avenues.
3. Northwest corner Niagara and Jersey Streets.
4. Northeast corner Fillmore Avenue and French Street.
The Department of Public Works has reviewed this application pursuant to
Chapter 413-67 Encroachment Regulations) of the City Ordinance, and has no
objection to Tour 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 applicant be responsible for restoring all affected city
right of way to its original condition in accordance with City specifications.
3. That no shelter obtain electrical power from any traffic signal pole
or traffic signal pullbox.
4. That the shelter be installed exactly as shown on plans submitted to
and approved by the City Engineer.
5. That the applicant indemnifies and holds harmless the City of Buffalo
against any and all loss and damage arising out of the construction,
maintenance, use and removal of said shelters.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 31
1504 Hertel Avenue
Requests Permission To Install Sidewalk Cafe
Mr. Daniel Mele, owner of the Bona Vista Bar, 1504 Hertel Avenue,
has requested permission to install a sidewalk cafe which would encroach city
right of way at said address.
The proposed cafe would measure 33 feet in length and project 8 feet from
the building face into city right of way.
The Department of Public Works has reviewed Mr. Mele's application
pursuant to Chapter 413 Section 59 (Sidewalk Cafes) of the City Ordinances and
has no objection to Your Honorable Body authorizing the Commissioner of Public
Works to issue a "Mere License" for said installation of said sidewalk cafe
provided the following conditions are met:
1. That the applicant obtain any and all other City permits required for
said installation.
2. That the sidewalk cafe be installed exactly as shown on plans
submitted to and approved by the Department of Public Works, Division of
Buildings.
3. That the sidewalk cafe does not exceed 33 feet in length or extend no
more than 8 feet from the building face.
4. That no portion of the sidewalk cafe be permanent in nature or
permanently affixed to the main building or public sidewalk.
5. That the sidewalk cafe be completely removed from city right of way
from November 15 to April 1 each year.
6. That the applicant be assessed the annual fee of two dollars per
square foot of city right of way occupied by said sidewalk cafe as described in
Chapter 413 Article IX Section 59 (Sidewalk Cafes) of the City ordinances.
7. That the applicant supply the City of Buffalo with a five thousand
dollar ($5,000.00) construction in street bond or certificate of insurance
which will indemnify and save harmless the City of Buffalo against any and all
loss and damage arising out of the construction, maintenance, use and removal
of said sidewalk cafe.
REFERRED TO THE COMMITTEE ON LEGISLATION.
FROM THE COMMISSIONER OF PARKS
No. 32
Reply To Overtime Report
Item # 15, C.C.P. Oct. 19, 1993
Historically, the Parks and Recreation Department spends more
money on overtime during the summer season for obvious reasons. Golf courses,
ball diamonds, swimming pools and grass cutting are the areas that need
constant attention and maintenance thru the summer months.
As in the past four (4) years, the Parks budget is scrutinized thoroughly
so much so that the Department has always finished its budget year with a
surplus.
RECEIVED AND FILED.
FROM THE COMMISSIONER OF POLICE
No. 33
Fully Executed COMBAT Grant Program Renewal Contract
Item #117, C.C.P. 7/20/93
Please be advised that the COMBAT Grant Program Renewal Contract
between the City of Buffalo and the New York State Division of Criminal Justice
Services for the period April 1, 1993 through March 31, 1994 has been fully
executed in the amount of $260,687.00.
A copy of this contract is on file in the Department of Administration
and Finance (Budget), the Division of Audit and in the Division of
Administration and Communications (Buffalo Police Department).
RECEIVED AND FILED.
FROM THE CORPORATION COUNSEL
No. 34
Lease Purchase Agreement CES/Way
(Items Nos. 141 and 142, C.C.P., October 5, 1993)
The substance of the above items was contained in a resolution
approved by the Common Council at Item No. 187, C.C.P., October 5, 1993. I
recommend, therefore, that the above items be received and filed.
RECEIVED AND FILED.
No. 35
Offer to Purchase 437 Genesee
Item No. 95, C.C.P., July 6, 1993)
The referenced offer to purchase and its negotiation is under
the jurisdiction of the Division of Real Estate and is subject to the customary
requirements for similar transactions.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 36
William Cooper
Request for Space
(Item No. 82, C.C.P., October 19, 1993)
William Cooper proposes that the City donate the use of 1256 Jefferson
Avenue, a City owned property, as a community visual arts center. Assuming that
this proposed use is strictly for a proper public purpose and not for any
profit making or private purpose, then the City could entertain such an
arrangement under terms and conditions as may be required by the Division of
Real Estate and the Department of Law respecting maintenance obligations, and
liability, indemnity, and insurance concerns.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 37
Shoeshine Stand
City Hall Lobby
Item No. 94, C.C.P., November 3, 1993
Geoffrey Odom has asked for permission to operate a shoeshine
stand in the lobby of City Hall. Section 23 of the General City Law requires
that the lease of City property or of a City franchise be approved by a
three-fourth vote of the Common Council after public auction to the highest
bidder upon appropriate publication of notice thereof. It appears that Section
23 would apply to the proposed operation of a shoeshine stand.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 38
Forgive Fines
Item No. 71, C.C.P., Nov. 16, 1993
Mrs. Martha Brown has asked the Common Council forgive certain
fines and penalties imposed for alleged illegal dumping and for failure to
appear before the Parking Violations Bureau which is charged with adjudicating
such matters. This case appears to remain within the jurisdiction of the
Parking Violations Bureau and Mrs. Brown should seek relief in the first
instance before the Bureau by applying there for a hearing.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 39
Acting Pay -
Acting Commissioner of Street Sanitation
Item No. 5, C.C.P., November 16, 1993
With the approval of your Honorable Body, there appears to be
no legal impediment to paying the Acting Commissioner of Street Sanitation the
difference between the Commissioner's salary and his present salary.
RECEIVED AND FILED.
No. 40
Buffalo Village Associates-Tax Cap
You have inquired as to the effect of a sale of the Buffalo Village
Associates property on the tax cap agreement.
Under a 1974 agreement between the City of Buffalo and Buffalo Village
Associates, certain property owned by Buffalo Village Associates was exempted
from all taxes to the extent they exceed $32,400 per year. Under this
agreement, the exemption continues "... only so long as the Redevelopment
Company, or its successors and assigns, continue to operate the aforesaid
property and improvements on a limited income basis...".
The exemption would be lost if the property were no longer being operated
in accordance with the terms and conditions of Section 236 of the 1968 Housing
Act, as amended. If a buyer intended to continue to operate this property
under this section, presumably the sale would be so structured as to qualify
the buyer as successor to Buffalo Village Associates and therefore entitled to
the exemption.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 41
Request Clarification on Environmental Impact Statement Walgreen Pharmacy
Construction Plans
Item No. 155, C.C.P., 11/16/93
Your Honorable Body has requested an opinion from the Law Department
regarding the above item.
Specifically, by letter dated November 15, 1993, Councilmember PerIa has
requested clarification of whatever jurisdiction the Common Council may have
with regard to the proposed demolition of the Howard Johnson Restaurant and the
construction of a new Walgreen Pharmacy at the southwest corner of Delaware
Avenue and North Street (the "Project").
Additionally, the Resolution of the Council requests an opinion regarding
whether or not an environmental impact statement is required for the Project.
As to your inquiry regarding the Common Council's jurisdiction in this
matter, please be advised that pursuant to the Buffalo zoning Ordinance,
Article XIX, Section 511-97, following review by the Planning Board, the
Council has limited jurisdiction to review and approve any proposed decorative
screening required to surround off-street parking facilities which are
constructed on land within 100 feet of Delaware Avenue. By communication dated
October 12, 1993, filed in the City Clerk's Office October 14, 1993, the
Planning Board approved the proposed screening for the Project, and noting that
the Preservation Board also had jurisdiction to review the screening, referred
the matter to the Common Council. At its November 16, 1993 meeting, this
Common Council received and filed the communication of the Planning Board.
Please be further advised that the Common Council has no other
jurisdiction in this matter, unless the Preservation Board denies the
application for demolition and new construction submitted to it on behalf of
Walgreen Co. pursuant to the Buffalo Preservation Standards Ordinance. Pursuant
to Section 337-26 of the Preservation Standards Ordinance, the Common Council
has authority to decide all appeals from action of the Preservation Board
brought by aggrieved applicants. In the event of an appeal, the Council shall
refer the matter to its Legislation Committee which in turn shall hold a public
hearing on the matter as provided in sections 337-6 through 337-14, unless such
hearing is waived by the applicant. The Committee shall forward its
recommendation to the Common Council, which may affirm, modify, reverse or
amend the Preservation Board's decision within 60 days of the filing of the
appeal.
As to your inquiry regarding environmental review requirements for the
Project, please be advised that the Preservation Board is in receipt of an
Environmental Assessment Form ("EAF") completed by the applicant, and is
currently seeking Lead Agency's status for the purpose of further environmental
review under the State Environmental Quality Review Act ("SEQRA"). Until such
time when the Lead Agency is established, no further environmental review can
be undertaken. Your Honorable Body has jurisdiction to consent to such
designation or to request such designation itself. In the event of the former,
the Common Council will be an involved agency for the purposes of screening
review, at least, and would await the Lead Agency's SEQRA findings prior to
making its own SEQRA findings. Additionally, if the Preservation Board denies
the demolition application, the Common Council would be an involved agency with
respect to that matter.
We have no objection to the Preservation Board's request for Lead Agency
designation and recommend that your Honorable Body take immediate action on the
Preservation Board's request.
REFERRED TO THE COMMITTEE ON LEGISLATION.
FROM THE COMMISSIONER OF COMMUNITY DEVELOPMENT
No. 42
Graffiti Removal Services
Item #143 C.C.P. November 3, 1993
Please be advised that will execute the requisite amendments to
the Bailey Amherst District Management Association ("BADMA") Agreements to
effectuate the above-referenced item: provided, of course, that said amendments
have been approved by the Corporation Counsel.
RECEIVED AND FILED.
No. 43
Info - Notification Serial # 8322
Repeal Permissive Parking
Washington Street Between Carlton and Burton Street
At the request of this Department, the Department of Public Works
prepared and submitted the above referenced item, which relates to the proposed
lease agreement between the Buffalo Urban Renewal Agency and Wenkroy
Development Co./Main-Virginia Associates. This proposed lease is currently
before the Council for review and approval.
This communication will summarize the history of this project and the
rationale for the requested on-street parking change.
The Buffalo Urban Renewal Agency owns the surface parking lot on the
northeast corner of Main and Virginia Streets (Oak Street Redevelopment NYR
197, Parcel BC). For the past several years this lot has been under
month-to-month leases with three businesses in the immediate area: Pollack
Printing, Summit Distributors and Cellular Products.
On July 1993 this office was contacted by Wenkroy Development Company to
determine if it was possible to secure this lot in order to induce development
of 835 Main Street. This property, on the southwestern corner of Main Street is
commonly known as the Catholic Union Building. Ability to lease the parking
lot would enable Wenkroy to bid on, and ultimately secure, a five year lease
with the New York State Dormitory Authority, which could stimulate additional
development in the Main-Virginia area. The positive outcomes that would occur
would also result in the negative impact of displacing the dedicated parking
for the previously mentioned businesses. On balance, it was my judgement that
the pluses outweighed the minuses, and that would recommend a five year lease
between Wenkroy and BURA to the Agency and Council. In the course of
negotiations with the developer, and in addition to the benefit of inducing the
development of 835 Main, benefits to the City/BURA included $120.000 in capital
improvements to the lot and continuance of $750 in lease income per month.
In anticipation of the lease ultimately being approved, this office has
attempted to find replacement parking for the three tenants. Discussion has
occurred with the Catholic Diocese of Buffalo, Health Care Plan and Roswell
entities that either own or lease parking space in the area. Our best efforts
have not resulted in securing the needed replacement parking.
The request before the Council relative to repeal of the existing
permission parking and proposed new on-street parking is designed to help the
businesses in question.
My office is available to discuss this matter in more detail as the
Council determines necessary.
RECEIVED AND FILED.
No. 44
Final Findings EIS
Crossroads Urban Renewal Plan Amendment
The Final Findings Statement for the Crossroads Urban Renewal
Plan Amendment is hereby filed with your office as per the provisions of SEQR.
If you should have question, please contact Gregory Bernas at extension
5083.
RECEIVED AND FILED.
No. 45
Claim - Unpaid Electric Utility Costs-2038 Genesee Street
Attached is a copy of a final unpaid electric bill in the amount
of $103.72 for electric service associated with City owned property at 2038
Genesee Street (former Polk Furniture Building).
Funds were available for utility costs at this location during fiscal
year '92-'93. Due to stalled renovation plans for this project, electric
service was terminated on June 21, 1993 by our department. Niagara Mohawk did
not perform a final meter reading at the site until August 5, 1993, which
resulted in the final bill.
Funds are no longer available as the final bill occurred in fiscal year
'93-'94, therefore, this invoice must be filed as a claim.
REFERRED TO THE COMMITTEE ON CLAIMS.
No. 46
Approval of Transfer of Title
326-328 High Street
From BURA to City of Buffalo
The City of Buffalo Urban Renewal Agency duly approved the transfer
of title old 326 to -328 High Street from the Buffalo Urban Renewal Agency to
the City of Buffalo at their meeting of 11/23/93, Item # 11B.
It came to the attention of the Agency thru correspondence with the City
Real Estate Division that the Real Estate Division has been leasing this BURA
owned building to the Fruitbelt Homeowners and Tenants Association for many
years.
As a housekeeping measure and to effectuate the most recent Lease Renewal
which was approved by the Common Council on February 16, 1993 C.C.P. Item No.
10 for a Five Year Term ending on the 30th of April 1997 we hereby request Your
Honorable Body approve the Transfer of Title from BURA to the City of Buffalo
for the sum of One dollar ($1.00).
Mr. Fahey moved:
That the communication from the Department of Community Development,
dated November 23, 1993, be received and filed; and
That the Buffalo Urban Renewal Agency be, and hereby is authorized to
transfer title of 326-328 High Street, to the City of Buffalo for a five year
term ending on April 30, 1997 for the sum of $1.00 (Only One Dollar).
PASSED.
AYES- 13 NOES- 0.
No. 47
E.A.F.- D. Baasch, Request To Build A Concrete Batch Plant With A Three-Story
Masonry Building
Attached for your information is the Short Environmental Assessment
Form for the matter captioned above.
It should be noted that Part 1 of the Environmental Assessment Form makes
reference to a "recycle station." This function does not appear on the permit
application referenced above and was not therefore considered at the Planning
Board's meeting of November 23, 1993.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 48
E.A.F.- H & H Acquisition Corp., Petition To Rezone 666 Parkside Ave. From R1
to C2
The City Planning Board at its regular meeting held Tuesday, November
23, 1993 considered the above petition pursuant to section 511-126 of the
Buffalo Code, Amendments to the Zoning Ordinance.
The applicant seeks to rezone the property referenced above from R1 to
C2. The rezoning would be a part of a larger C2 zoned parcel which would be
developed into a drugstore. The area to be rezoned is 6045 square feet.
The Planning Board considered the impact of the proposed rezoning and
concluded that a special development plan would serve the interests of the
proposed development while at the same time protecting the surrounding
residential fabric. Lastly, under S.E.Q.R., the proposed rezoning would be
considered an unlisted action which could be studied via uncoordinated review.
REFERRED TO THE COMMITTEE ON LEGISLATION.
FROM THE COMMISSIONER OF STREETS
No. 49
1993-94 Snow Plan
Pursuant to the City of Buffalo Ordinance, Article 15, Section
292, I am submitting the attached "Snow Control Plan 1993-1994".
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 50
M. Brown - Cancel Fine/Penalty Dumping 107 Landon
Item #71, C.C.P. November 16, 1993
I recommend your Honorable Body let Summons 50307414 remain as
issued.
The reason for this recommendation is: Mr. Charles Sample, Jr. P.O. Box
10576, Rochester, New York 14610 was observed illegally dumping at 107 Landon
Street. (Copy of summons attached).
Why it was sent to Curtis Brown the actual owner of the property I do not
know.
REFERRED TO THE COMMITTEE ON FINANCE.
FROM THE COMMISSIONER OF INSPECTIONS AND COMMUNITY REVITALIZATION
No. 51
Info - Demo. 142 W. Delavan
Item No. 87, C.C.P. 9/21/93
Pertaining to questions raised by Council Staff regarding the
demolition of 142 West Delavan please be advised of the following:
Please be advised when 142 West Delavan was bid out thirteen contractors
were called to pick-up demolition packages to be bid on (see attached). At
this time the lowest responsible bidder was Advanced, with a bid of $8,000.00
In answer to the second question raised by your Honorable Body, please be
advised this cost was determined by bidding procedure.
With reference to your last question, attached please find a copy of the
file for 142 W. Delavan (owner, D. Sansanese)
We trust this will satisfy your inquiry.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 52
Certificate of Appointment
Appointment effective 11/15/93 in the Department of Inspections
and Community Revitalization, Timothy Keenan, 166 Woodside, Buffalo, New York
14220, to the position of Boiler Inspector, Permanent, at the Maximum starting
salary of $32,051.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
FROM THE COMMISSIONER OF ADMINISTRATION AND FINANCE
No. 53
Memorandum of Agreement City of Buffalo and Buffalo Crossing Guards
Association.
July 1, 1993 through June 30, 1994
Attached please find a Memorandum of Agreement between the City
of Buffalo and the Buffalo Crossing Guards Association for the contract period
July 1, 1993 through June 30, 1994.
This Agreement is applicable to approximately 180 employees, and provides
a 4% salary increase for the fiscal year 1993-1994.
Your approval of this Memorandum of Agreement is respectfully requested.
Mr. Fahey moved:
That the communication from the Department of Administration and Finance,
dated November 17, 1993, be received and filed; and
That the Memorandum of Agreement between the City of Buffalo and Buffalo
Crossing Guards Association, for the contract period July 1, 1993 through June
30, 1994, be approved and ratified.
PASSED.
AYES- 13 NOES- 0.
No. 54
Appt. Supervising Hearing Examiner
Com. #68, C.C.P. 11/3/93
In response to the Civil Service Committee's request for information,
please be advised, the salary for Supervising Hearing Examiner (part time) is a
flat amount with no increment steps.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
No. 55
Certificate of Appointment
Appointment effective November 12, 1993 in the Department of
Administration
& Finance, Division of Labor Relations, Mary R. O'Shei 98 Rutland Avenue,
Buffalo, New York 14220, to the position of Assistant Benefits Manager at the
Maximum starting salary of $26,995.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
No. 56
Request Salary Ordinance Amendment
Assistant Fire Alarm Dispatcher
Item No. 139, C.C.P. 11/16/93
The above-mentioned resolution directs the Department of Administration
and Finance to amend the salary ordinances to eliminate three Assistant Fire
Alarm Dispatcher positions in the Department of Fire.
These positions were added in the annual 1993-94 salary ordinance at the
request of the Commissioner of Fire and approved by Your Honorable Body via the
passage of the salary ordinance. Since salary ordinance amendments must be
initiated by the department head and the Director of Budget, I will not amend
this ordinance unless requested by the Commissioner of Fire.
In response to the "whereas" that states that these three positions were
not included in the arbitrator's award, I would note that the position of
Assistant Fire Alarm Dispatcher is designated to Local 282 as a bargaining unit
and anyone holding this title is entitled to the salary as set forth in the
arbitration award and in the salary ordinances governing members of the Buffalo
Professional Firefighters' Association.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
No. 57
Ord. Amend. Ch. 141 Collect. of Arrears
Ord. Amend. Ch. 175 (141) Fees
Res. #198, C.C.P. 10/19/93
Res. #199, C.C.P. 10/19/93
This is in response to the Common Council's request for recommendations
on the above referenced legislation.
Parking tickets should be considered in arrears when the City is unable
to collect through internal efforts, and which remain unpaid after a suspension
of registration has failed to produce payment.
Turning over parking summonses accounts to a collection agency before the
state DMV sends notices of suspension is a needless waste of parking ticket
revenue.
The fines and penalties collected since the implementation of the
suspension program has proven the program to be a success. The following
examples show this.
August 1993 $381,353.00
September 1993 430,358.00
October 1993 442,280.00
PVB's in-house efforts collected 71% of the parking summonses issued for
fiscal 1992-93. The remaining 29% was forwarded to state DMV to generate their
suspension notice which produced additional revenues.
I strongly urge and request that the Common Council be aware of the
success of the suspension program and amend section 141-2 to consider parking
summonses in arrears only after a suspension of registration has failed to
produce payment.
REFERRED TO THE COMMITTEE ON FINANCE.
FROM THE COMMISSIONER OF HUMAN RESOURCES
No. 58
Certificate of Appointment
Appointment effective November 18, 1993 in the Department of Human
Resources, Division of Substance Abuse Services, Sharon A. Fay, 147 Ramona
Ave., Buffalo 14220, to the position of Stenographer, Temporary, at the
Intermediate starting salary of $ 20,753.00.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
No. 59
Certificate of Appointment
Appointment effective November 9, 1993, in the Department of Human
Resources, Division of Substance Abuse Services, Christine Carr, 3 Chester
Street, Buffalo, 14208, to the position of Typist Permanent, at the Maximum
starting salary of $21,352.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
No. 60
Certificate of Appointment
Appointment effective November 22, 1993 in the Department of Human
Resources, Division of Youth Kelly Buczkowski, 198 Eden Street, Buffalo, 14220
to the position of Assistant Coordinator Lighted Schoolhouse Program,
Temporary, at the Intermediate starting salary of $ 22,538.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
FROM THE CIVIL SERVICE COMMISSION
No. 61
Salary Ordinance Amendment Public Works
Resolution No. 223, C.C.P. 9/21/93
You have requested that this Commission file a report clarifying
the request for the above-mentioned salary ordinance amendment and a copy of
"Memorandum of Understanding".
On September 8, 1993, the Civil Service Commission corresponded with
David Comerford, Commissioner, Department of Public Works, forwarding a copy of
revised job specifications for the following "hybrid" titles:
Master of Fireboat/Senior First Class Stationary Engineer
Marine Engineer/Plasterer
Asst Marine Engineer/Senior First Class Stationary Engineer
Asst Marine Engineer/Laborer II
Marine Oiler/Senior First Class Stationary Engineer
Commissioner Comerford was requested to submit new personnel requisitions
creating the above-mentioned positions. The Commission has determined that the
job specifications for the positions in the Marine Engineer Series are not
appropriate for individuals currently working in the Department of Public
Works. Job specifications must be revised to include the additional duties
that will be performed by the incumbents in said position. After reviewing all
duties that will be performed by the employees, the Commission felt it was
necessary to create the above-mentioned "hybrid" titles.
In regard to the "Memorandum of Understanding", it will be necessary for
you to obtain a copy of the same from the Commissioner of Public Works or the
Director of Labor Relations. Be advised that the Municipal Civil Service
Commission did not sign said agreement.
I trust this satisfies your inquiry.
RECEIVED AND FILED.
No. 62
Park Superintendent
Eligibility Requirements
Item No. 186, C.C.P. 10/19/93
You have requested that the Civil Service Commission provide you
copies of previous and current eligibility requirements for the above-mentioned
title. Attached herewith is a copy of job specifications which outline the
requirements of Park Superintendent.
I trust this satisfies your inquiry.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
No. 63
Report Technician Promotional Examination
Item #195, C.C.P. September 7, 1993
The Committee on Civil Service has requested information concerning
the promotional qualifications for the position of Report Technician.
In accordance with Civil Service Law, it is the responsibility of the
Commission to determine eligibility for promotions from among persons in a
lower grade in the direct line of promotion or in related or collateral lines
of promotion.
The position of Report Technician is compensated at a higher rate of pay
than the titles listed in the promotional qualifications. After reviewing this
matter, the Commission determined the positions listed on the promotional exam
announcement are appropriate.
The Commission administered the Report Technician examination on a
promotional and open competitive basis on February 24, 1979 and May 7, 1988.
In 1979, the promotional list was exhausted and all but 7 of the 124 candidates
on the open competitive list were considered for appointment. In 1988, the
promotional list was exhausted and all but 19 of the 158 candidates on the open
competitive list were considered for appointment.
I trust this satisfies your inquiry.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
No. 64
Cell Block Attendant Examination
At the Common Council Civil Service Committee Meeting of November
9, 1993, President George Arthur requested information as to why the
examination for Cell Block Attendant is being held on a promotional basis.
Be advised that the examination for Cell Block Attendant, which is
scheduled to be held on December 11, 1993, will be held on an open competitive
basis only. Attached herewith is a copy of the announcement for said
examination.
If you have any questions in this regard, please contact this office.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
FROM THE BUFFALO MUNICIPAL HOUSING AUTHORITY
No. 65
Election of Officers
For your information and records, Members of the Buffalo Municipal
Housing Authority at its adjourned Annual Meeting on November 18, 1993,
re-elected the following Commissioners as Chairman and Vice-Chairman,
respectively:
Commissioner Donald A. Ort was re-elected to serve as Chairman of the
Authority for the term commencing November 18, 1993, to the date of the next
Annual Meeting, October 27, 1994 or until his successor is selected.
Commissioner Mary Rogers was re-elected to serve as Vice-Chairman of the
Authority for the term commencing November 18, 1993, to the date of the next
Annual Meeting, October 27, 1994, or until her successor is selected.
Please adjust your records accordingly.
RECEIVED AND FILED.
FROM THE CITY CLERK
No. 66
Disposition of City Records
The following departments have requested to dispose of City Records
as indicated on the attached forms. Based on the information provided I have
authorized the disposition of these records in my capacity as City Records
Management Officer
Street Sanitation Dept.
RECEIVED AND FILED.
No. 67
Auto Allowance
The following departments have filed the required certificate
relative to the granting of automobile transportation allowances for employees
in their respective departments:
Public Works - Edward Standish, Jr.
RECEIVED AND FILED.
No. 68
Liquor License Applications
Attached hereto are communications from persons applying for liquor
licenses from the Erie County Alcohol Beverage Control Board.
Address Business Name Owner's Name
1680 Elmwood Taryn Inc.
RECEIVED AND FILED.
No. 69
Leaves of Absence Without Pay
I transmit herewith notifications received by me, reporting the
granting of the leaves of absence without pay, in the various departments as
listed:
Comptroller- Christine Kasianowicz, Joseph Pendolino
Public Works- Daniel E. Kreuz
RECEIVED AND FILED.
No. 70
Reports of Attendance
I transmit herewith communications received by me, from the various
boards, commissions, agencies and authorities reporting the membership
attendance at their respective meetings:
Board of Ethics
Board of Stadium and Auditorium
City Planning Board
Youth Board
Zoning Board of Appeals
RECEIVED AND FILED.
No. 71
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 November 15, 1993 in the Department of Common
Council, Kandyce Jones, 78 Fernhill, Buffalo, NY 14215, to the position of
Intern IV, Seasonal, at the Flat starting salary of $6.00 hr.
No. 72
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.
DEPARTMENT OF STADIUM & AUDITORIUM
Appointment effective November 15, 1993 in the Department of Stadium
& Auditorium, Division of Memorial Auditorium to the position of Laborer I,
Seasonal, at the Flat starting salary of $6.22 hr.
Patrick Fix, 174 Zelmer St., Buffalo, 14211
Robert O'Neill, 7 Marine Dr., Buffalo, 14202,
Appointment effective November 22, 1993 in the Department of Stadium &
Auditorium, Division of Memorial Auditorium to the position of Laborer I,
Seasonal, at the Flat starting salary of $ 6.22 hr.
Matthew M. Morreale, 83 Turner Ave., Buffalo, 14220
Corey R. Krug, 153 Shenandoah Rd., Buffalo, 14220
DEPARTMENT OF PUBLIC WORKS
Appointment effective November 23, 1993 in the Department of Public
Works, Division of Buildings, Dennis Gesel, 193 Mariemont Street, Buffalo
14220, to the position of Second Class Stationary Engineer, Temporary, at the
Flat starting salary of $ 5.63 hr.
Appointment effective November 15, 1993 in the Department of Public
Works, Division of Water, to the position of Water Service Worker, Seasonal, at
the Flat starting salary of $6.26/Hr.
Thomas Cieszynski, 104 Ashley Street, Buffalo, 14212
Robin Fleming, Jr., 50 Barthel Street, Buffalo, 14211
Arthur S. Forman, 1511 Broadway, Buffalo, 14212
Anthony Haick, 153 W. Delavan, Buffalo, 14213
Matthew C. Hoare, 90 Unger Street, Buffalo, 14210
Kevin J. Lynch, 43 Mt. Vernon Ave., Buffalo, 14210
John Mills, 120 No. Ogden, Buffalo, 14206
Terrence J. Sullivan, 415 Smith Street, Buffalo, 14210
Donald Szymonek, 93 Gatchell St., Buffalo, 14212
Appointment effective November 16, 1993 in the Department of Public
Works, Division of Buildings, to the position of Sr. First Class Stationary
Engineer, Temporary, at the Flat starting salary of $ 7.33 hr.
Edward F. Anken, 73 Houston St., Buffalo 14220
Paul N. Calmes, Sr., 159 Como Ave., Buffalo 14220
Gregory G. Ford, 164 Alabama St., Buffalo 14204
Raymond F. Gallagher, 103 Spaulding St., Buffalo 14220
James J. Glavey, 47 Whitehall Ave., Buffalo 14220
Paul McNamara, 39 Payne Ave., Buffalo 14220
Bert E. Schroeder, 372 Woodward Ave., Buffalo 14214
Eugene E. Schuta, 64 Shenandoah Rd., Buffalo 14220
Michael L. Shea, 29 Portland St., Buffalo 14220
Edward J. Summers, Jr., 33 Buffum St., Buffalo 14210
Michael J. Walker, 97 Parkview Ave., Buffalo 14210.
Appointment effective November 15, 1993 in the Department of Public
Works, Division of Buildings, Margaret E. Bugaj 31 Parkview Avenue, Buffalo
14210, to the position of Laborer I Permanent, at the Minimum starting salary
of $ 8.59 hr.
Appointment effective November 22, 1993 in the Department of Public
Works, Division of Water, Carmen L. Degener, 307 Riverside Avenue, Buffalo,
14207 to the position of Account Clerk-Typist, Permanent, at the Minimum
starting salary of $20,120.
Appointment effective November 22, 1993 in the Department of Public
Works, Division of Water, John P. Murphy, 31 Eden Street, Buffalo, 14220, to
the position of Water Service Worker Permanent, at the Minimum starting salary
of $ 20,857.
Appointment effective November 15, 1993 in the Department of Public
Works, Division of Water, James M. Gawron, 45 Thomas Street, Buffalo, 14206, to
the position of Truck Driver, Temporary, at the Minimum starting salary of $
21,206.
DEPARTMENT OF PARKS
Appointment effective 11/1/93 in the Department of Parks, Division
of Recreation, Robert O'Leary, 100 Ryan, Buffalo, 14210 to the position of Fee
Collector, Seasonal, at the Flat starting salary of $ 4.94 hr.
Appointment effective November 22, 1993 in the Department of Parks, Brian
Hayes, 795 McKinley Pkwy. Buffalo 14220, to the position of Laborer II,
Permanent, at the Minimum starting salary of $ 9.38 hr.
DEPARTMENT OF STREET SANITATION
Appointment effective November 15, 1993 in the Department of Street
Sanitation, to the position of Seasonal Laborer II, Seasonal, at the Flat
starting salary of $6.92 hr.
Charles T. Cirringione, 62 Alden Ave, Buffalo, New York 14216
Thomas Chrosniak, 49 Deshler, Buffalo, New York 14212
Tracy W. Grant, 100 Columbus Ave, Buffalo, New York 14220
Leonard J. Merlo, 332 Grant Street, Buffalo, New York 14213
Jules A. Stover, 254 Watson Street, Buffalo, New York 14206
Appointment effective November 22, 1993 in the Department of Street
Sanitation to the position of Laborer II, Seasonal, at the Flat starting salary
of $6.92 hr.
Matthew Cybulski, 90 Ideal, Buffalo 14206
Samuel D. Beu, Jr., 704 Abbott Rd., Buffalo 14220
Lawrence J. Jay. 59 Brownell, Buffalo 14212
Thomas P. McCabe, 417 Military, Buffalo 14207
Wilson B. Vasquez, 101 Lakeview, Buffalo 14201
Appointment effective November 22, 1993 in the Department of Street
Sanitation, Robert L. Kozak, 23 Roslyn Street, Buffalo, New York 14215, to the
position of Truckdriver, Permanent, at the Minimum starting salary of $21,206.
DEPARTMENT OF FIRE
Appointment effective 11/15/93 in the Department of Fire, Michael
O'Neill, 79 Marine Dr., Apt 6B, Buffalo, NY 14202 to the position of
Communications Specialist, Provisional, at the Minimum starting salary of
$23,506.
Appointment effective 11/20/93 in the Department of Fire, to the position
of Fire Lieutenant, Permanent, at the Maximum starting salary of $42,933.
John J. Haettich, 2747 Seneca St., W. Seneca, N.Y. 14224
Anthony E. Lawida, 185 Sundridge Dr., Amherst, N.Y. 14228
Appointment effective 11/20/93 in the Department of Fire, to the position
of Fire Lieutenant, Contingent Permanent, at the Maximum starting salary of
$42,933.
Thomas Meldrum, 251 Highland Dr., Williamsville, NY 14221
Richard Campanile, 3920 N. Freeman, Orchard Park, NY 14127
DEPARTMENT OF INSPECTIONS & COMMUNITY REVITALIZATION
Appointment effective 11/15/93 in the Department of Inspections
and Community Revitalization, Kevin J. Gould, 79 Marine #6B, Buffalo, New York
14202 to the position of Building Inspector, Temporary, at the Minimum starting
salary of $ 27,249.
DEPARTMENT OF ADMINISTRATION & FINANCE
Appointment effective November 15, 1993 in the Department of
Administration and Finance, Division of Parking Enforcement to the position of
Parking Enforcement Officer, Temporary, at the Flat starting salary of $6.22
hr/
Kenneth J. Stroud, Sr., 139 Arden Ave., Buffalo 14215
Brian D. Lackenmier, 23 Rutland Ave., Buffalo 14220
Ronald P. Anderson, 1497 Broadway, Buffalo 14212
DEPARTMENT OF HUMAN RESOURCES
Appointment effective November 22, 1993 in the Department of Human
Resources, Division of Youth, James Ralston, 216 Ross Avenue, Buffalo, 14207,
to the position of Community Aide, Temporary, at the Flat starting salary of
$5.46 Hr.
DEPARTMENT OF CIVIL SERVICE
Appointment effective November 22, 1993 in the Department of Municipal
Civil Service Commission Kathy Allard, 430 Delaware Avenue, Buffalo, NY 14202,
to the position of Typist, Seasonal, at the Flat starting salary of $5.20 hr.
NON-OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES
NON-OFFICIAL COMMUNICATIONS
No. 73
BEDC
BEDC Sale of 949 & 951 Genesee Street Neighborhood Commercial Land Bank
In October of 1991, the City sold 124 vacant parcels on various
commercial arterials to BEDC for $335,000 as Phase I of the Neighborhood
Commercial Land Bank.
Pursuant to the Administration Agreement approved by Your Honorable Body
on 10/29/91, all parcels to be re-sold for commercial development by BEDC shall
be submitted for Council approval with prior consultation with the District
Councilmember. Councilmember Pitts was supplied with the attached description
of sale on November 19, 1993.
The BEDC has received an offer to purchase 949 and 951 Genesee from the
King Urban Life Center, Inc. The properties are two (2) contiguous vacant lots
at the southwest corner of Genesee and Reed, across from the former St. Mary of
Sorrow's Church. The King Urban Life Center proposes to use the vacant lots
for parking for an adjacent abandoned building at 945 Genesee which the
applicant intends to purchase from the City of Buffalo. The sale of 945
Genesee Street was approved by the Council at its November 16, 1993 meeting
(Item #16). The abandoned building will be renovated and used for offices for
the applicant to oversee the restoration of the former St. Mary of Sorrow's
Church into a Community Center and Early Childhood Center.
The proposed sale price is $2,950, or $.32 per sq. ft. The applicant has
submitted an appraisal in support of their purchase price.
The proceeds of the proposed sale will be deposited in a trust fund to
maintain and market the remaining parcels and to acquire added parcels from the
City, as per the Agreement. Attached is a description of the transaction.
Your approval is being sought pursuant to the procedure contained in the
Administration Agreement.
Mr. Fahey moved:
That the communication from the Buffalo Enterprise Development
Corporation, dated November 23, 1993, be received and filed; and
That pursuant to compliance with the terms of the Administration
Agreement approved by this Common Council on October 29, 1991, the sale by BEDC
of 949 & 951 Genesee Street to the King Urban Life Center, Inc. for the sale
price of $2,950 or $.32 per square foot be, and hereby is approved; subject to
any further terms and conditions of the Administration Agreement with respect
to the use of proceeds of the sale.
PASSED.
AYES- 13 NOES- 0.
No. 74
BEDC
Proposed $1,800,000 Section 108 Loan to Harbour Place Marine Sales, Inc.
Item #232, C.C.P. 7/20/93
The BEDC Board of Directors at its November 19, 1993 meeting voted
5-2 to table the loan request from Harbour Place Marine Sales, Inc. for a
$1,800,000 Section 108 loan to refinance its existing mortgage with Fleet Bank
in the amount of $1,454,397, to provide funds for renovations to the Marina and
for related soft costs in the amount of $345,603 until the Common Council can
review the project's financial viability. The concerns expressed by the BEDC
Boardmembers were:
1) Lack of equity participation. Should the $345,603 non-refinance
portion of the credit come from other sources?
2) Was there an attempt made by Harbour Place management to negotiate a
*lesser balloon payment with Fleet Bank? If not, it was suggested that a
formal request be made to BEDC by the Common Council to begin negotiations with
Fleet Bank.
*In the event a substantial reduction is negotiated, it may be prudent to
give consideration to a shorter payment term, i.e. 6 years, interest only,
balloon payment.
The Loan Presentation package attached herewith is being submitted to
your Honorable Body for permission to utilize a $1,800,000 or less Community
Development Block Grant Section 108 Guaranteed Loan, subject to approval by the
BEDC Board of Directors and the U.S. Department of Housing and Urban
Development. Said Common Council approval is to be based on the credit
worthiness of the business, subject to the terms and conditions set forth in
CCP 7/20/93 Item 232, and further subject to the following additional
contingencies set forth by the BEDC Loan Committee at its October 29, 1993
meeting:
1) At the time of closing, a debt service reserve account equal to one
(1) year of P & I payments on the Section 108 loan to be funded by the borrower
as an equity injection, not out of the proceeds of the Section 108 loan, with
the stipulation that the aggregate amount of the account be maintained
throughout the term of the loan. Said account to be assigned to BEDC.
2) A deed in lieu of foreclosure.
3) Confession of Judgement against the guarantors.
4) Satisfactory Phase I Environmental Assessment.
REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT.
No. 75
BUFFALO SABRES
Info Sabres Ownership
We are pleased to answer your inquiry about ownership of the Sabres:
1. The Sabres are a limited partnership (Niagara Frontier Hockey, L.P.)
whose general and managing partner is Niagara Frontier Hockey Management
Corporation, a New York company.
2. The Seymour H. Knox, III and Northrup R. Knox families hold the
largest equity interest in the Sabres. Through their stock in the general
partner and the voting trust of that stock, the Knox families also hold, with
Robert O. Swados, control of the Sabres. All of the shares in the general
partner are in the voting trust, whose sole trustees are Seymour H. Knox, III
and Robert O. Swados.
3. Members of the Board of Directors of the general partner are, in
addition to Messrs. Seymour H. Knox, III and Swados, George Strawbridge, Jr.,
Robert Rich, Jr. and Joseph T.J. Stewart. Messrs. Strawbridge, Rich and
Stewart hold or represent the largest partnership interests in the Sabres other
than the Knox family.
If you need any additional information, please call.
REFERRED TO THE AUDITORIUM/ STADIUM TASK FORCE.
No. 76
BUFFALO SABRES- CROSSROADS ARENA CORP.
Info- CAC Ticket Surcharge
In response to your inquiry regarding the current collection and
use of the Crossroads Arena Corporation ("CAC") ticket surcharge, I offer the
following:
1. The Niagara Frontier Hockey Limited Partnership ("NFHLP") is currently
assessing a 2.25% surcharge and a fifty cent per ticket city user fee on all
tickets to Buffalo Sabre hockey games.
2. The 2.25% CAC surcharge is currently being held in a separate
commercial account. These funds are being collected and held in accordance to
an agreement reached between the Crossroads Arena Corporation and Erie County
government. Upon execution of the final finding agreement for the construction
of the Crossroads Arena, NFHLP will deposit funds attribute to the 2% portion
of the surcharge into the proposed bank "Debt Reserve Account" and will deposit
the portion attributable to the .25% surcharge into an account established by
Erie County in connection with the pending settlement agreement with the City
of Buffalo. NFHLP has established the 2.25% surcharge to satisfy the proposed
financing arrangements for the Crossroads.
3. The NFHLP is collecting the fifty cent per ticket city user fee in a
separate account and will be remitting the entire collected amount to the City
as voluntary additional rent payment under the current lease between NFHLP and
the City of Buffalo.
REFERRED TO THE AUDITORIUM/STADIUM TASK FORCE.
No. 77
TONY CONRAD
Reviewing TCI Performance
Following upon a request made during the November 1, 1993 meeting
of the Special Committee on Cable Access Television, I am submitting the
attached recommendations regarding review procedures with respect to the
playback of videotapes over a local cable system.
My comments during the recent CATV Committee meeting (which prompted the
request from the Chair that I forward these recommendations) arose in
connection with problems I had personally observed in the playback of programs
which I have produced myself. That is, I was speaking as an individual public
access cable program producer, and not as Chair of the Cable Television Policy
Board; and it is also as an individual that I now submit the attached
recommendations. These recommendations have not yet been brought before the
Cable Television Policy Board, which will not meet again until next month.
However, I have also attached a letter which I received from Buffalo
Cable Access Media, and which bears upon this general topic. This letter is
directed through me to the Cable Television Policy Board, and I have taken the
liberty of forwarding it for your consideration at this time, without
endorsement or review by the Cable Television Policy Board.
REFERRED TO THE SPECIAL COMMITTEE ON CATV.
No. 78
FILLMORE/KEHR/WINSLOW AVE. BLOCK CLUB
Request Immediate Demo. of 426 Winslow
The house at 426 Winslow Avenue is a known drug house. On or about
Friday, November 12, 1593, it was severely damaged by fire. Due to this fire,
the house has become a further safety hazard to this community.
At the behest of all right thinking citizens of this community, I met
with councilman David Collins on Tuesday, November 16, 1993. His assistance was
requested in obtaining an order of demolition for 426 Winslow Avenue.
Prior to being damaged by fire, this house was the headquarters of a
vicious, murderous drug gang, and as such, has caused a great deal of heartache
and pain in this community. The same gang who ordered the murder of our
secretary, Mr. Judson Price, who is presently in the hospital in critical
condition.
We want 426 Winslow Avenue demolished, and we want it demolished quickly
without a lot of procrastination.
Thank you for your assistance in this matter.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE COMMISSIONER OF POLICE AND THE
COMMISSIONER OF INSPECTIONS AND COMMUNITY REVITALIZATION.
No. 79
GRACE RITZ
Complaints On Civil Service Process
I'm writing this letter in hopes of getting some input and clarification
regarding the Civil Service process.
Last year, 1992, I took the examination for Substance Abuse Counselor and
placed #3 in the city of Buffalo; I was never called for an interview.
This year, 1993, I again took the exam for Counselor III and placed #1 in
the city. This time I was called for an interview on November 10. During the
interview with Joseph Mazza of Substance Abuse Services, I was told that there
was only one opening, it was at the Genesee/Moselle clinic, and they were
looking for a minority. I can't quarrel with the fact that we need minorities
on staff in city clinics yet for the past four and one half years I have worked
in the Chemical Dependency units at Sheehan Memorial Hospital and have worked
very well with an inner city population.
My understanding is that there are in fact several openings at City
Substance Abuse. One such opening is at the Elmwood/Ferry Clinic, in our
Delaware District and I would like to be considered for it.
The reality of Managed Care for Medicaid makes it imperative that
chemical dependency programs have credentialed personnel on staff in order to
validate services rendered. I am a National Certified Addiction Counselor
(NCAC), a Credentialed Alcoholism Counselor (CAC) and a Certified HIV
Counselor. In addition, I have an M.S. and Ph.D.
I know that I can make a valuable contribution to the delivery of
services at City Substance Abuse and would like to have the chance to do this.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE, THE COMMISSIONER OF HUMAN RESOURCES
AND THE CIVIL SERVICE COMMISSION.
No. 80
MICHAEL RIVERA
Protest Water Bill-268 Crescent
Enclosed please find a copy of the outrageous water bill we received
from the City for $498.09.
The City has done the following:
1. City claimed that they sent us a notice in March about a water problem.
We never received any notice.
2. In July they changed our water meter without written notice or
appointment. They just showed up at our door.
3. August, we received a water bill for $114.45, no notice about a problem
with our meter, over usage of water, nothing.
4. November, we received a bill for $498.09, the mater reading is completely
different from the bill they sent us, compared to the meter in our home
reading.
5. We have had out plumber on Nov., 12, 1993 come to our home, and found no
leak or anything wrong with our plumbing. He is willing to provide a written
statement to this affect. I will forward it to your office when I get it.
I would like to thank you and your staff for looking into this matter. We
are sure the City made a big mistake.
REFERRED TO THE COMMITTEE ON FINANCE AND THE COMMISSIONER OF PUBLIC WORKS.
PETITIONS
No. 81
H-H Acquisition Corp., petition to Rezone 9-13 Toledo Place from and 1412-1418
Kenmore Ave. from R-2 and R3 to C-2 District for use as a Pharmacy.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD,
AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT.
No. 82
Delta-Sonic Car Wash, owner, petition to use 1264 Main Street for a pole sign.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD,
AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT.
No. 83
Delta-Sonic Car Wash, owner, petition to use 1006 McKinley Pkwy. for a pole
sign.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD,
AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT.
No. 84
Victor M. Colonna and Others - Oppose Rezoning of 666 Parkside Avenue.
REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING
BOARD.
No. 85
Sandra Metzler Opposes closing of Animal Shelter on Niagara St.
REFERRED TO THE ANIMAL SHELTER ADVISORY COMMITTEE.
No. 86
Citizens to Retain Animal Shelter Opposes closing of Shelter on Niagara St.
REFERRED TO THE ANIMAL SHELTER ADVISORY COMMITTEE.
REGULAR COMMITTEES
CIVIL SERVICE
HON. JAMES W. PITTS
CHAIRMAN
No. 87
Appointment
Audit & Control/Senior Data Processing Equipment Operator
That Communication No 20 CCP Nov 16, 1993 be received and filed
and the Permanent appointment of Carla Rogers stated above at the Intermediate
salary $25,182.00 effective on Nov 1, 1993 is hereby approved.
PASSED.
AYES- 13 NOES- 0.
No. 88
Appointment
Public Works/Sign Inspector
That Communication No 39 CCP Nov 16, 1993 be received and filed
and the Permanent appointment of Anthony Marzo stated above at the Maximum
salary $25,329.00 effective on Nov 8, 1993 is hereby approved.
PASSED.
AYES- 13 NOES- 0.
No. 89
Notices Of Appointments (C.Clerk)
(Item # 69 CCP Nov 16, 1993)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
FINANCE
HON. DAVID A. COLLINS
CHAIRMAN
No. 90
Amendment To Lease BCAR (Bd of Pkg.) (No 8 7/6)
(Item # 114 CCP Oct 19, 1993)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
AYES- BAKOS, COLLINS, COPPOLA, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO, PERLA,
PITTS, ZUCHLEWSKI- 10.
NOES- AMOS, ARTHUR, BELL- 3.
No. 91
Lease - Penn Advertising
(Item No. 22, C.C.P., Apr. 13, 1993)
That the comptroller be and hereby is authorized to enter into
a lease with Penn Advertising, Inc., 295 Maryland Street, P.O. Box 54, for
lease of 12 locations having a total of 30 - 12'x 25' Poster Panels and 1 -
14'x 48' Painted Panel for $26,105 annually, and that the corporation Counsel
is authorized to prepare a new lease agreement under the same terms and
conditions as the previous lease and that the Mayor be authorized to execute
the same.
PASSED.
AYES- AMOS, ARTHUR, BAKOS, BELL, COLLINS, COPPOLA, FRANCZYK, HIGGINS, LOTEMPIO,
PERLA, PITTS- 11.
NOES- FAHEY, ZUCHLEWSKI- 2.
No. 92
Lease Purchase Agreement
CES/WAY International Inc.
(Item No. 141, C.C.P., Oct. 5, 1993)
(Item No. 12, C.C.P., July 20, 1993)
That the above item be, and the same hereby is, returned to the
Common Council without recommendation.
Mr. Collins now moved:
That the Lease Purchase Agreement entitled CES/WAY International Inc.,
Item No. 141, C.C.P., Oct. 5, 1993 and Item No. 12, C.C.P., July 20, 1993 be
and hereby is approved; and the Comptroller is hereby authorized to execute
said agreement as more fully described in the related communications.
PASSED.
AYES- 13 NOES- 0.
No. 93
Lease Agreement/CES-WAY International (CC) (#55 9/21)
(Item # 142 CCP Oct 5, 1993)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 94
QRS/Rescind Ticket Surcharge Non-profit/Culturals
(Item # 85 CCP Sep 21, 1993)
That the above mentioned Item be and the same Is hereby received
and filed.
ADOPTED.
AYES- ARTHUR, BAKOS, COLLINS, COPPOLA, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO,
PERLA, PITTS- 10.
NOES- AMOS, BELL, ZUCHLEWSKI- 3.
No. 95
Ticket Surcharge (A&F)
(Item # 63 CCP Nov 3, 1993)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 96
Authorize Sale Of All Parking Ramps
(Item # 173 CCP Mar 30, 1993)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 97
Ordinance Amendment/Ch. 141/Collection Of Arrears/
Ch. 175 Fees (Compt)
(Item # 26 CCP Nov 3, 1993)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 98
Agreements For Property Tax Refunds (Assmt)
(Item # 23 CCP Nov 16, 1993)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 99
Forgive Water Bill/51 Amsterdam
(Item # 193 CCP Oct 19, 1993)
That the above mentioned Item be and the same is hereby received
and filed.
Mr. Fahey moved:
That the Water bills outstanding against 51 Amsterdam Street, Buffalo,
New York be, and hereby are, forgiven as more fully described in Item No. 193,
C.C.P., October 19, 1993.
PASSED.
AYES- 13 NOES- 0.
No. 100
Forgive Water Bill/51 Amsterdam (PW)
(Item # 34 CCP Nov 16, 1993)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 101
S. Nebrich/Request Water Meter/Cheektowaga, N.Y.
(Item # 85 CCP Oct 19, 1993)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 102
Install Water Meter/S. Nebrich (PW)
(Item # 35 CCP Nov 16, 1993)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 103
W. Matt/Protest Non-Homestead Tax Rate
(Item # 63 CCP Jun 8, 1993)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 104
W. Matt/Protest Non-Homestead Tax Rate (Assmt)
(Item # 28 CCP Jul 6, 1993)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 105
W. Matt Protest Non-Homestead Tax Rate (Assmt)
(Item # 27 CCP Sep 21, 1993)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 106
J. Davis/Illegal Demolition/Masten/Ellicott Districts
(Item # 94 CCP Apr 13, 1993)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 107
Illegal Demolitions Masten & Ellicott District (ICR)
(Item # 68 CCP May 25, 1993)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 108
Illegal Demolitions/Masten/Ellicott (CC)
(Item # 62 CCP Jul 6, 1993)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 109
Report On Street Cut Permits (PW)
(Item # 36 CCP Nov 16, 1993)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 110
Update On Hand Held Computers (A&F)
(Item # 56 CCP Nov 16, 1993)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 111
Report On Impound Lot Break-ins (A&F)
(Item # 57 CCP Nov 16, 1993)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 112
Quarterly Financial Report (Compt)
(Item # 19 CCP Nov 16, 1993)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 113
Salary Differential
Acting Commissioner of Street Sanitation
(Item No. 5, C.C.P., Nov. 16, 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 Finance.
ADOPTED.
AYES- AMOS, ARTHUR, BAKOS, BELL, COLLINS, COPPOLA, FAHEY, FRANCZYK, HIGGINS,
LOTEMPIO, PERLA, PITTS- 12.
NOES- ZUCHLEWSKI- 1.
No. 114
Temporary Board of Assessment Review
(Item No. 22, C.C.P., Nov. 16, 1993)
That the above item be, and the same hereby is, returned to the
Common Council without recommendation.
Mr. Collins now moved:
That the Common Council take the necessary steps to appoint four members
to a Temporary Board of Assessment Review for fiscal year 1994-95 and to hereby
appoint the following individuals:
1. Daniel Barone, 229 Villa, Buffalo, 14216
2. Paul Wolf, 300 Roesch Avenue, Buffalo, 14207
ADOPTED.
LEGISLATION
HON. ALFRED T. COPPOLA
CHAIRMAN
No. 115
EIS/Demolition/Great Northern Elevator (Pres. Bd.)
Item # 7 CCP Nov 16, 1993
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
AYES- AMOS, BAKOS, COLLINS, COPPOLA, FRANCZYK, HIGGINS, LOTEMPIO, PERLA,
ZUCHLEWSKI- 9.
NOES- ARTHUR, BELL, FAHEY, PITTS- 4.
No. 116
Local Law Introductory #7-Term Limitation
(Item # 224 CCP Sep 7, 1993)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
AYES- AMOS, ARTHUR, BAKOS, COLLINS, COPPOLA, FRANCZYK, HIGGINS, LOTEMPIO,
PERLA, PITTS, ZUCHLEWSKI- 11.
NOES- BELL, FAHEY- 2.
No. 117
Ordinance Amendment
Chapter 343 - Welfare of Minors (Curfew)
(Item No. 159, C.C.P., Nov. 16, 1993)
That the above item be, and the same hereby is, returned to the
Common Council without recommendation.
Mr. Coppola moved to Received and File the above item. Seconded by Mr.
Pitts.
Mr. Amos moved to amend the motion to approve the item. Seconded by Mr.
Zuchlewski.
PASSED.
AYES- AMOS, BAKOS, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO, PERLA, ZUCHLEWSKI- 8.
NOES- ARTHUR, BELL, COLLINS, COPPOLA, PITTS- 5.
No. 118
Notification Serials 8320-8322 (PW)
(Item # 26 CCP Nov 16, 1993)
That the above mentioned Item be and the same is hereby received
and filed.
Mr. Coppola now moved that Notification No. 8322 be recommitted to the
Committee on Legislation and the remainder of the item be received and filed.
ADOPTED.
No. 119
Leaving Rental Apartment Without Paying Rent
(Item No. 188, C.C.P., Oct. 19, 1993)
That the Corporation Counsel be requested to provide a detailed
report to this Honorable Body explaining the reasons for the apparent inequity
described in this resolution, and to draft legislation to remedy the situation.
That this report be filed with the City Clerk by 2:00 PM on Thursday,
December 9, 1993.
ADOPTED.
No. 120
Memorialize Legislation - Prohibiting Discrimination
Based on Sexual Orientation
(Item No. 141, C.C.P., Nov. 16, 1993)
That the Buffalo Common Council supports passage by the New York
State Legislature of the Gay and Lesbian Civil Rights Bill which prohibits
discrimination based on sexual orientation.
That certified copies of this resolution be forwarded to the clerks of
the New York State Senate and Assembly and to the Western New York Delegation
to the New York State Legislature.
ADOPTED.
AYES- ARTHUR, COLLINS, COPPOLA, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO, PERLA,
PITTS, ZUCHLEWSKI- 10.
NOES- AMOS, BAKOS, BELL- 3.
No. 121
Save the Voting Rights Act
(Item No. 145, C.C.P., Nov. 16, 1993)
That the Buffalo Common Council memorialize the United States
Senate, the United States House of Representatives, and the United States
Supreme Court to continue to vigorously defend and support the Voting Rights
Act of 1965; and
That the City Clerk forward a certified copy of this resolution to the
Western New York Delegation of Congress, Senators Moynihan and D'Amato, to the
Clerk of the Senate, the Clerk of the House and the United States Supreme
Court.
ADOPTED.
No. 122
NYSDOT/Reconstruction Of Delaware Ave.
(Item # 81 CCP Nov 16, 1993)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 123
Funds/Paint Traffic Regulations On Streets (PW)
(Item # 117 CCP Nov 3, 1993)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 124
Allentown Association/Income/Expenses/Art Festival
(Item # 81 CCP Nov 3, 1993)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 125
Bailey/Kensington Kiwanis/Financial Report
(Item # 70 CCP Nov 16, 1993)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 126
Juneteenth Festival/Financial Report
(Item # 74 CCP Nov 16, 1993)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 127
Langston/Hughes Institute/Financial Report
(Item # 77 CCP Nov 16, 1993)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 128
Taste Of Buffalo/Non-filing Of Financial Report
(Item # 85 CCP Nov 16, 1993)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 129
Reappointment of Member
of Board of Ethics
(Item No. 3, C,C.P., Nov. 16, 1993)
That the appointment of member of the Board of Ethics of Sister
Denise A. Roche, D'Youville College, 320 Porter Avenue, Buffalo, 14201, for a
term expiring on September 4, 1998, be and hereby is confirmed.
ADOPTED.
ECONOMIC DEVELOPMENT
HON. CLIFFORD BELL
CHAIRMAN
No. 130
Lease Parcel 8C - Main & Virginia Streets
Oak Street Redevelopment Project NYR 197
(Item No. 136, C.C.P., NoV. 16, 1993)
That the above item be, and the same hereby is, returned to the
Common Council without recommendation.
Mr. Bell moved:
That the Buffalo Urban Renewal Agency has duly designated Main/Virginia
Associates and/or other legal entity to be formed as qualified and eligible
Redeveloper in accordance with rules and procedures duly adopted by the Agency;
and
That the City Clerk has published a Notice of Public Hearing, as required
by Section 507, Subdivision 2 (d) of the "General Municipal Law", and
That the proposed Lease Agreement has been duly submitted to this Common
Council by the Buffalo Urban Renewal Agency; and
1. That Main/Virginia Associates and/or other legal entity to be formed was
duly designated as qualified and eligible Redeveloper by the Buffalo Urban
Renewal Agency, is hereby approved as the Redeveloper for a portion of Oak
Street Redevelopment Project NYR-197.
2. That the Mayor, the Chairman or Vice-Chairman of the Buffalo Urban
Renewal Agency is hereby authorized to execute any and all documents necessary
to convey land described in the proposed "Lease Agreement" to Main/Virginia
Associates and/or other legal entity to be formed in accordance with the terms
of said Agreement and for the consideration recited therein.
PASSED.
AYES- AMOS, ARTHUR, BAKOS, BELL, COLLINS, COPPOLA, FAHEY, FRANCZYK, HIGGINS,
LOTEMPIO, PERLA, ZUCHLEWSKI- 12.
NOES- PITTS- 1.
No. 131
Waste Management of N.Y.
Petition to use 191 Ganson
(Item No. 54, C.C.P., Nov. 3, 1993)
That "Waste Management of N.Y. - Petition to use 191 Ganson for
an office building" is an unlisted action as defined in 6 NYCRR Part 617.2.
The Common Council has approval power over this item, and is therefore an
involved agency as defined in 617.2. As part of an uncoordinated review, the
Common Council has evaluated an Environmental Assessment Form (EAF) on this
item which has been completed by the applicant (Part l) and by the City
Planning Board (Part II); and
Having made an independent assessment of the information contained in the
EAF, the Common Council adopts the findings set forth in Part II and, as a
result, finds that this proposed action will not result in any significant
adverse environmental impacts. Therefore, this Common Council issues a negative
declaration.
ADOPTED.
No. 132
Buffalo Wholesale Florists/Favor Genesee Village Plan
(Item # 84 CCP Nov 3, 1993)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 133
Commitment of Block Grant Funds
Senior Citizen Housing at 3080 Main Street
(Item No. 144, C.C.P., Nov. 3, 1993)
That this Common Council formally commits $200,000 in Community
Development Block Grant Funds from the previously mentioned accounts for the
3080 Main Street project.
That the borrowed funds will be reimbursed from the City of Buffalo's
20th year CDBG entitlement.
Mr. Bell now moved to recommit to the Committee on Economic Development.
ADOPTED.
COMMITTEE ON EDUCATION
HON. DALE L. ZUCHLEWSKI
CHAIRMAN
No. 134
Participation In Consolidation Of Operations
(Item # 81 CCP Apr 13, 1993)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 135
D. VanEvery/Intent To Present Residency To Board
(Item # 105 CCP Jul 6, 1993)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 136
Establishment of Safe School Zones
(Item No. 257, C.C.P., Oct. 5, 1993)
That this Common Council requests the Corporation Counsel to investigate
the possibility of establishing "Safe School Zones" that would prohibit people
who are not students from congregating in the public right of ways within 150
feet of school property.
That the intent of this legislation is for the prevention of unscrupulous
and illegal behavior near city schools.
ADOPTED.
No. 137
Safe School Zones (CC)
(Item # 57 CCP Oct 19, 1993)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 138
Safe School Zones (Bd.Ed.)
(Item # 73 CCP Oct 19, 1993)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 139
Authorize School Security to Issue Parking Tickets
(Item # 258 CCP Oct 5, 1993)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 140
School Security Issue Parking Tickets (CC)
(Item # 56 CCP Oct 19, 1993)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 141
School Security Issue Parking Tickets (Bd. Ed.)
(Item # 74 CCP Oct 19, 1993)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
RESOLUTIONS
No. 142
By: Mr. Arthur
Abatement Unpaid Taxes 221 Linwood Avenue
Whereas, the owners of 221 Linwood Avenue are in arrears on City
real property taxes in the amount of _______ an are in bankruptcy; and
Whereas, the owners have proposed to sell the property to a charitable
organization known as Buffalo Teen Challenge for use in connection with
education, training and counseling programs in the City of Buffalo; and
Whereas, such sale is contingent upon the City of Buffalo releasing $100,000
of its claim for real property tax arrearage; and
Whereas, the consummation of such sale will benefit the City of Buffalo;
Now, Therefore, Be It
Resolved, that the appropriate officers of the City be and hereby are
authorized to compromise or release $100,000 of City real property tax
arrearage on the property at 221 Linwood Avenue on the following conditions:
1. That the property is sold within 6 months of the date of this resolution
to Buffalo Teen Challenge;
2. That any remaining balance of tax arrearage be paid in full at closing;
3. That the buyer covenant to run a residential counseling, training and
education program from such property available to City of Buffalo residents for
a period of five (5) years;
4. That such program not establish a religion or prohibit the free exercise
thereof in violation of the First Amendment to the United States Constitution;
5. That the County of Erie provide similar relief from County real property
tax arrearage.
REFERRED TO THE COMMITTEE ON FINANCE, THE COMMISSIONER OF ASSESSMENT AND THE
CORPORATION COUNSEL.
No. 143
By: Mr. Collins
Increased Appropriation
Reserve for Capital Improvements
Division of Inventory and Stores
That, Pursuant to Section 41 of the Charter and the Certificate
of the Mayor and the Comptroller submitted to the Common Council, the
appropriation in the budget for the current fiscal year for Appropriation
Allotments - Division of Inventory and Stores be and the same hereby is
increased in the sum of $1,000.
That, the comptroller be and hereby is authorized and directed to
transfer the sum of $1,000 from 100-819-842 - Reserve for Capital Improvements
to meet this increased appropriation as set forth below:
To:
100 General Fund
104 - Division of Inventory and Stores
085 - Capital Outlay
982 - Operating Equipment
(Bead Breaker machine) $1,000
PASSED.
AYES- 13 NOES- 0.
No. 144
By: Mr. Collins
Increased Appropriation
City Revenue Division of Real Estate
That, pursuant to Section 41 of the Charter and the Certificate
of the Mayor and the Comptroller submitted to the Common Council, the
appropriation in the budget for the current fiscal year for Appropriation
Allotments - Division of Real Estate be and the same is hereby increased in the
sum of $8,000.
That, the Comptroller be and hereby is authorized and directed to
increase the revenue estimate of account:
Revenue
100 General Fund
04-3 - Division of Real Estate
402-City
92040 - Rental of In Rem Property $8,000
To meet this increased appropriation as set forth below:
TO:
100 General Fund
043 Division of Real Estate
002-In Rem
Personal Services
110-Salaries- Regular $8,000
PASSED.
AYES- 13 NOES- 0.
No. 145
By: Mr. Collins
Transfer of Funds
Division of Budget and Management
Division of Engineering
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
$100,000 be and the same is hereby transferred from the Division of Budget and
Management - Planning for Capital Improvements account and said sum is hereby
reappropriated as set forth below:
From:
200 Capital Project Fund
061 - Division of Budget and Management
001 - Planning for Capital Projects $100,000
To:
200 Capital Project Fund
401 - Division of Engineering
548 - Study for Inner Harbor Traffic Impact $100,000
PASSED.
AYES- 13 NOES- 0.
No. 146
By: Mr. Collins
Construction Project Agreements for the
City of Buffalo and/or Its Agencies
Whereas: The United States Supreme Court recently held in the Boston
Harbor case that state and local governments are permitted under the National
Labor Relations Act to enforce project agreements when the government
contracting unit acts as a market participant; and
Whereas: The Supreme Court commented in that case that the use of project
agreements "exemplifies" the purposes of the National Labor Relations Act; and
Whereas: The City of Buffalo and its agencies (herein "City of Buffalo") has
a compelling interest in carrying out public works projects at the highest
degree of quality and also at as reasonable low cost as possible consistent
with the other goals of this resolution; and
Whereas: The City of Buffalo has a compelling interest also in providing
that labor disputes at such projects be resolved without the disruptions of
strikes, lockouts or slowdowns; and
Whereas: Project agreements may provide legally enforceable guarantees that
projects will be carried out in an orderly and timely manner, without strikes,
lockouts, or slowdowns; and
Whereas: Project agreements may also provide for peaceful, orderly, and
mutually binding procedures for resolving labor issues; and
Whereas: The City of Buffalo also has a compelling interest in guaranteeing
that public works projects meet the highest standards of safety and quality;
and
Whereas: A highly skilled work force ensures lower costs over the lifetime
of the completed project for repairs and maintenance; and
Whereas: Project agreements may provide the City of Buffalo with. a
guarantee that public works projects.will be completed with highly skilled
workers; and
Whereas: Project agreements may allow public agencies to more accurately
predict the actual cost of the project; and
Whereas: Project agreements' may facilitate integrated work schedules among
different trades on a projects site; and
Whereas: Project agreements may also promote harmonious and productive work
environments; and
Whereas: City of Buffalo can best accomplish these goals by encouraging
agreements between contractors and subcontractors.who perform work on City of
Buffalo public works projects and the appropriate building and construction
trade unions concerning important issues of employment, such as work hours,
starting times, overtime rates, add procedures for resolving disputes; and
Whereas: Project agreements therefore, advance the interests of efficiency,
quality, and timeliness;
Now, Therefore Be It Resolved:
That the Common Council of the City of Buffalo enact the following pre-
hire construction contract guidelines:
1. It is hereby the policy of the City of Buffalo that public works projects
implemented by any city department, authority, or instrumentality be subject to
a project agreement whenever feasible and whenever such agreement substantially
advances the interests of costs, efficiency, quality, safety, .and timeliness.
2. Every City of Buffalo department, authority, or instrumentality
authorized to implement a public works project shall ensure that public works
projects, whenever possible, be implemented subject to a project agreement with
the applicable building and construction trade union in whose jurisdiction the
work is to be performed.
3. In accordance with this resolution, a city department, authority, or
instrumentality responsible for implementing a public works project shall
either (a) in good faith negotiate a project agreement directly with the
applicable building and construction trade union or council in whose
jurisdiction the project is to be performed, or (b) condition the award of a
contract with a project manager or general contractor upon an agreement by the
project manager or general contractor to in good faith negotiate a project
agreement with the applicable building and construction trade union or council
in whose jurisdiction the project is to be performed.
4. Any project agreements reached pursuant to this resolution:
a. Shall advance the interests of the City of Buffalo including the
interests in cost, efficiency, quality, timeliness, and safety;
b. Shall contain guarantees against strikes, lock-outs, or other similar
actions;
c. Shall set forth effective, immediate, and mutually binding procedures
for resolving jurisdictional and labor disputes arising before the completion
of the work;
d. Shall be made binding on all contractors and subcontractors on the
public works project through the inclusion of appropriate bid specifications in
all relevant bid documents;
Be It Further Resolved:
That this agreement shall require that Buffalo's racial minorities be
employed at a rate equal to their population in the City of Buffalo; and
Be It Further Resolved:
That Minority Business Enterprises be afforded the opportunity to
participate at the same rate as above; and
Be It Finally Resolved:
That this resolution shall take effect immediately and be implemented as
soon as practicable in consideration and application of the criteria and
policies declared herein.
REFERRED TO THE COMMITTEE ON FINANCE, THE COMMISSIONER OF PUBLIC WORKS, THE
COMMISSIONER OF COMMUNITY DEVELOPMENT AND THE CORPORATION COUNSEL.
No. 147
By: Mr. Collins
Bond Resolution
$80,000 Bonds
Improvements to Dawson Park on Roetzer Street
Account 200-717-075
Bond Resolution of the City of Buffalo, New York, authorizing
the issuance of $80,000 General Improvement Bonds of said City to finance the
cost of original improvements to the Eddie Dawson Park located on Roetzer
Street in the City at the estimated maximum cost of $80,000.
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 Bonds of said City in the principal amount of $80,000,
pursuant to the provisions of the Charter of said City and the Local Finance
Law, constituting Chapter 33-a of the Consolidated Laws of the State of New
York (the "Law") to finance the cost of original improvements to the Eddie
Dawson Park located on Roetzer Street in the City, including the construction
of new basketball courts, volleyball area, a play area and picnic facilities.
The estimated maximum cost of said specific object or purpose for which the
bonds authorized by this resolution are to be issued, including preliminary
costs and costs incidental thereto and the financing thereof, is $80,000, as
set forth in the duly adopted Capital Improvements Budget of said City for
fiscal year 1993-94, as amended.
Section 2. The proceeds of the sale of the bonds authorized by this
resolution, or any bond anticipation notes issued in anticipation of the sale
of said bonds, shall be deposited in the Capital Projects Fund to the credit of
the Department of Community Development, Division of Development, "Improvements
to Dawson Park on Roetzer Street 1993-1994," Bond Authorization Account No.
200-717-075, and shall be used for the purpose specified in Section 1 of this
resolution.
Section 3. The City intends to finance, on an interim basis, the costs or
a portion of the costs of said improvements for which bonds are herein
authorized, which costs are reasonably expected to be incurred by the City,
pursuant to this Bond Resolution, in the maximum amount of $80,000. This
resolution is a declaration of Official Intent adopted pursuant to the
requirements of Treasury Regulation Section 1.103-18(a) through (l).
Section 4. The following additional matters are hereby determined and
stated:
(a) The period of probable usefulness applicable to the specific object
or purpose for which the bonds authorized by this resolution are to be issued,
within the limitations of Section 11.00 (a) 19 (c) of the Local Finance Law, is
fifteen (15) years.
(b) Current funds are not required by the Law to be provided as a down
payment prior to the issuance of the bonds authorized by this resolution or any
bond anticipation notes issued in anticipation thereof in accordance with
Section 107.00 d. 9. of the Law.
Section 5. Each of the bonds authorized by this resolution and any bond
anticipation notes issued in anticipation of the sale of said bonds and the
renewals of said notes shall contain the recital of validity as prescribed by
Section 52.00 of the Local Finance Law. Said bonds and said notes shall be
general obligations of the City of Buffalo payable as to both principal and
interest by a general tax upon all the taxable real property within said City
without limitation as to rate or amount. The faith and credit of said City are
hereby irrevocably pledged to the punctual payment of the principal of and
interest on said bonds and said notes. Provision shall be made annually by
appropriation by said City for the payment of interest on and for the amounts
required for the amortization and redemption of said bonds and said notes.
Section 6. The validity of the bonds authorized i)y 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: November 30, 1993
LAID ON THE TABLE.
No. 148
By: Mr. Collins
Bond Resolution
$225,000 Bonds Kingsley Park Environmental
Remediation 1993-1994 Account 200-717-042
Bond Resolution of the City of Buffalo, New York, authorizing
the issuance of $225,000 General Improvement Bonds of said City, in addition to
the $250,000 General Improvement Bonds heretofore authorized, to finance the
cost of improvements to Kingsley Park, including the removal of toxic soil and
sub-soil, at the estimated maximum cost of $475,000.
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
Bonds of said City in the principal amount of $225,000, in addition to the
$250,000 General Improvement Bonds heretofore authorized, pursuant to the
provisions of the Charter of said City and the Local Finance Law, constituting
Chapter 33-a of the Consolidated Laws of the State of New York (the "Law"); to
finance the cost of improvements to Kingsley Park, including the removal of
toxic soil and sub-soil. The estimated maximum cost of said specific object or
purpose for which the bonds authorized by this resolution are to be issued,
including preliminary costs and costs incidental thereto and the financing
thereof, is $475,000 as set forth in the duly adopted Capital Improvements
Budget of said City for fiscal year 1993-94, as amended.
Section 2. The proceeds of the sale of the bonds authorized by this
resolution, or any bond anticipation notes issued in anticipation of the sale
of said bonds, and the down payment from current funds, shall be deposited in
the Capital Projects Fund to the credit of the Department of Community
Development -Division of Development "Kingsley Park Environmental Remediation
1993-1994, Bond Authorization Account No. 200-717-042, and shall be used for
the purpose specified in Section 1 of this resolution.
Section 3. The City intends to finance, on an interim basis, the costs
or a portion of the costs of said improvements for which bonds are herein
authorized, which costs are reasonably expected to be incurred by the City,
pursuant to this Bond Resolution, in the maximum amount of $225,000. This
Resolution is a declaration of Official Intent adopted pursuant to the
requirements of Treasury Regulation Section 1.103-18(a) through (l).
Section 4. The following additional matters are hereby determined and
stated:
(a) The period of probable usefulness applicable to the specific object
or purpose for which the bonds authorized by this resolution are to be issued,
within the limitations of Section 11.00 (a) 19 (c) of the Local Finance Law, is
fifteen (15) years; however, the bond authorized pursuant to this resolution
and any bond anticipation notes issued in anticipation of the sale of said
bonds, shall mature no later than March 9, 2008.
(b) Current funds are not required by the Law to be provided as a down
payment prior to the issuance of the bonds authorized by this resolution or any
bond anticipation notes issued in anticipation thereof in accordance with
Section 107.00 d. 9 of the Law.
Section 5. Each of the bonds authorized by this resolution and any bond
anticipation notes issued in anticipation of the sale of said bonds and the
renewals of said notes shall contain the recital of validity as prescribed by
52.00 of the Local Finance Law. Said bonds and said notes shall be general
obligations of the City of Buffalo payable as to both principal and interest by
a general tax upon all the taxable real property within said City without
limitation as to rate or amount. The faith and credit of said City are hereby
irrevocably pledged to the punctual payment of the principal of and interest on
said bonds and said notes. Provision shall be made annually by appropriation
by said City for the payment of interest on and for the amounts required for
the amortization and redemption of said bonds and said notes.
Section 6. The validity of the bonds authorized by this resolution or
any bond anticipation notes issued in anticipation of the sale of said bonds,
may be contested only if:
(a) such obligations are authorized for an object or purpose for which the
City of Buffalo is not authorized to expend money, or
(b) the provisions of law which should be complied with at the date of the
publication of such resolution are not substantially complied with,
and an action, suit or proceeding contesting such validity, is commenced within
twenty days after the date of such publication, or
(c) such obligations are authorized in violation of the provisions of the
constitution.
Introduced: November 30, 1993
LAID ON THE TABLE.
No. 149
By: Mr. Coppola
Uniform Handgun Control for Entire Country
Whereas: New York State is one of four states in the country with
strict handgun laws including character references, background checks,
interview with the issuing judge, and certified training; and
Whereas: Because the states surrounding New York do not have strict handgun
laws, it is easy to transport firearms into our state resulting in a thriving
black market, which allows those who would not qualify for a handgun permit to
obtain weapons; and
Whereas: In the event the Brady Bill is defeated, it would be helpful if our
federal representatives advocated for legislation calling for uniform handgun
control for the entire country.
Now Therefore Be It Resolved That
The City Clerk forward certified copies of this resolution to the Western
New York Congressional and Senate representatives, and the President of the
United States, requesting them to promote uniform handgun control for the
entire country.
RECEIVED AND FILED.
No. 150
By: Mr. Coppola
Request Information from BSA
on Anderson Place Sewers
Whereas: Several of the property owners on Anderson Place, between
Norwood and Ashland, have been experiencing problems with their sewers; and
Whereas: After investigation, it appears that these properties do not have
sewer service in front of their properties, instead their sewer lines are
connected through neighboring yards to the system on Norwood; and
Whereas: One property owner has had to have his line serviced four times
since this past June.
Now Therefore Be It Resolved That
This Common Council requests information from the Buffalo Sewer Authority
on the lack of sewer service on Anderson Place between Ashland and Norwood, and
any plans to relieve those property owners experiencing sewer problems because
of the Norwood connection.
ADOPTED.
No. 151
By: Mr. Coppola
Removal of Electrical Transformers
in Areas of Historic Significance
Whereas: Recent installation of metal poles surrounding a Niagara
Mohawk transformer in Gates Circle caused a tremendous uproar within the
community; and
Whereas: The poles were removed, but it was discovered that other
transformers have been installed through the years in areas of historic
significance in the city; and
Whereas: These transformers are unsightly and show an insensitivity by
Niagara Mohawk and city officials, alike, to the historic significance of
certain areas, such as our historic Olmsted Park System; and
Whereas: As technology improves and it becomes feasible, Niagara Mohawk
Power Corporation, and any other utility doing business in the city, should
take the necessary steps to remove their unsightly equipment by placing
underground.
Now Therefore Be It Resolved That
This Common Council requests that the Commissioner of Public Works inform
those individuals within his department, who are responsible for permits for
any construction projects, of the historic districts within the city and that
sensitivity be shown in those districts registered as historic, whether it be
city, state, or federal designation, and that those projects be referred to the
Preservation Board for review; and
Be It Further Resolved That
The City Clerk send certified copies of this resolution to the
Preservation Board, Niagara Mohawk Power Corporation, and all other utilities
doing business within the city with the request that any present equipment
installed above ground in areas of historic significance be removed or placed
underground as soon as possible and sensitivity be shown in future
installations.
ADOPTED.
No. 152
By: Mr. Fahey
Discharge Civil Service Committee
Salary Ordinance - Local 264 - Caulkers
(Item 178, C.C.P., November 3, 1993)
Whereas, the above item is currently tabled in the Civil Service
Committee, and
Whereas, it is no longer necessary for this item to be considered by that
committee,
Now Therefore Be It Resolved, that this Common Council does hereby
discharge the Civil Service Committee from further consideration of this item,
and the item is now before the Common Council for its consideration.
ADOPTED.
Mr. Fahey now moved:
That the Salary Ordinance Amendment as contained in Item No. 178, C.C.P.,
November 3, 1993, be and the same hereby is approved.
PASSED.
AYES- 13 NOES- 0.
No. 153
By: Mr. Fahey
Discharge Civil Service Committee
Salary & Wage Schedule - Local 264 - Caulkers
(Item 179, C.C.P., November 3, 1993)
Whereas, the above item is currently tabled in the Civil Service
Committee, and
Whereas, it is no longer necessary for this item to be considered by that
committee,
Now Therefore Be It Resolved, that this Common Council does hereby
discharge the Civil Service Committee from further consideration of this item,
and the item is now before the Common Council for its consideration.
ADOPTED.
Mr. Fahey now moved:
That the Salary Ordinance Amendment as contained in Item No. 179, C.C.P.,
November 3, 1993, be and the same hereby is approved.
PASSED.
AYES- 13 NOES- 0.
No. 154
By: Mr. Higgins
Endorse Planning Work Of Friends of the Buffalo River
Whereas: The Friends of the Buffalo River have been diligently
preparing a Greenway plan for the eastern end of the Buffalo River within the
city; and
Whereas: The plan as envisioned will include a Greenway trail; neighborhood
access to the Buffalo River and the restoration and protection of wildlife
habitat; and
Whereas: The Friends have held several forums in order to develop community
goals and objectives for developing the Buffalo River; and
Whereas: They are now ready to present these goals and objectives to the
Common Council for input and review;
Now Therefore Be It Resolved, That:
After a review of the Friends of the Buffalo River Greenway planning work
this Council endorses the goals and objectives they have developed and resolves
to integrate them into any activities proposed for the Buffalo River and
neighboring streets; and
Be It Further Resolved, That:
This Council will refer agenda items related to property within 500 feet
of the Buffalo River to the Friends of the Buffalo River before taking action
on the items;
ADOPTED.
No. 155
By: Mr. Higgins
Permission for South Park Seniors to Expand Their Program Into
Office Space Currently Used By Precinct #15
Whereas: Precinct #15, currently housed in the former School #29
building at 2219 South Park Avenue, will be moving to the South District Police
Headquarters at 1847 South Park Avenue; and
Whereas: The former School #29 building is also home to the South Park
Seniors who have had the use of two rooms in this location since 1983; and
Whereas: For some time, these two rooms have not provided enough space to
meet the needs and the number of Seniors who regularly attend this program.
This situation has caused the overflow crowd to use the tables and chairs in
the hallway between the rooms.
Now, Therefore Be It Resolved:
That the City Real Estate Division take whatever steps necessary to
ensure the off ice space now used by Precinct #15 be made available to the
South Park Seniors group.
ADOPTED.
No. 156
By: Mr. Higgins
Payment of Certain Small Claims
Whereas, the Common Council, by item No. 184, C.C.P., June 26,
1979, established a specific procedure for payment of claims of $100.00 or less
and Claims under Section 207 (a) and (c) of the General Municipal Law, which
pertain to medical bills of Policemen and Firemen in any amount; and
Whereas, the subject claims are eligible for consideration under the said
procedure; and
Whereas, the Department of Law has verified the validity of the claims
and recommend payment thereof;
Now Therefore, Be It Resolved:
That the Comptroller be, and hereby is authorized to make payment of the
following claims, and that said payment be charged against the "Judgment and
Claims Account" in the Department of Law:
1. Joseph Bolognese
Claim for prior fiscal year Blue Cross prescription reimbursement per Fire
Contract Article VI, Section 4, for a retired employee of the Fire Department.
$22.11
2. Andrew Breier
Claim for prior fiscal year medical in lieu payment for November 1991 and
December 1991 for an employee of the Fire Department.
$80.00
3. Larry Breski
Claim for prior fiscal year Blue Cross prescription reimbursement per Fire
Contract Article VI, Section 4, for a retired employee of the Fire Department.
$28.71
4. Rocco Carbone
Claim for prior fiscal year Blue Cross prescription reimbursement per Fire
Contract Article VI, Section 4, for a retired employee of the Fire Department.
$80.40
5. Patrick Carlin
Claim for prior fiscal year Blue Cross prescription reimbursement per Fire
Contract Article VI, Section 4, for a retired employee of the Fire Department.
$ 8.25
6. City of Buffalo Division of Water
Claim for prior fiscal year Invoice #AR001012 for services rendered to the
Division of Real Estate for the water turn off for 1256 Jefferson and turn off
of fire supply for 764 Kensington. $89.00
7. CPF/NetPath Labs, Inc.
Claim for prior fiscal year Invoice #0AA0803529 for services rendered to
Firefighter, Richard Steen. $21.80
8. Erie County Medical Center
Claim for prior fiscal year invoice for services rendered to Police Officer
Lizzie Sneed. $58.55
9. Gypsum Association
Claim for prior fiscal year Invoice #14303 for services rendered to the Fire
Department. $11.25
10. Heyman Laboratories, Inc./F. Wells Brason, M.D.
Claim for prior fiscal year invoice for services rendered to Police Officer
Lizzie Sneed. $70.00
11. Leo M. Kelly, Jr.
Claim for eyeglasses broken in the line of duty in the Department of Street
Sanitation. $99.00
12. 2121 Main Street Pharmacy
Claim for prior fiscal year invoice for services rendered to Police Officer
Joseph Terranova. $48.10
13. John Myers
Claim for prior fiscal year Blue Cross prescription reimbursement per Fire
Contract Article VI, Section 4, for a retired employee of the Fire Department.
$ .99
14. Donald J. Nenno, II, M.D.
Claim for prior fiscal year invoice for services rendered to Police Officer
Chandra Thomas (France). $34.48
15. Chester Pawarski
Claim for a prior fiscal year prescription reimbursement for a retired employee
of the Fire Department per arbitration decision.
$33.26
16. Brian Pettit
Claim for emergency medical treatment following an injury while working for the
Summer Youth Program at the Buffalo Zoological Gardens through a Common Council
appointment. There was no insurance coverage in this matter. $96.70
17. Elaine J. Regan
Claim for loss of garbage cans. $12.84
18. Robert Slazak
Claim for prior fiscal year Blue Cross prescription reimbursement per Fire
Contract Article VI, Section 4, for a retired employee of the Fire Department.
$15.27
19. John Supple
Claim for prior fiscal year Blue Cross prescription reimbursement per Fire
Contract Article VI, Section 4, for a retired employee of the Fire Department.
$19.80
20. Transfiguration R.C. Church
Claim for refund of prior fiscal year unused Bingo License No. 1041 fee due to
the cancellation of nine Bingo occasions.
$47.50
21. University Medical Practice Services - Family
Claim for prior fiscal year invoice for services rendered to Police Officer
Jeffrey Mott. $20.00
22. Mabel Wood
Claim for loss of garbage cans. $18.00
23. Rose Wray
Claim for loss of recycling box. $ 3.00
24. Matthew Zyla
Claim for prior fiscal year Blue Cross prescription reimbursement per Fire
Contract Article VI, Section 4, for a retired employee of the Fire Department.
$80.17
Investigation by the Department of Law reveals that the above claims are
valid and payment is hereby recommended.
PASSED.
AYES- 13 NOES- 0.
No. 157
By: Ms. LoTempio
Board of Education Custodian-Engineer Contracts
Whereas: On many occasions, the Common Council and the City Administration
have questioned the private contract between the Board of Education and
custodian-engineers; and
Whereas: The contract allows custodian engineers to keep all money over and
above their expenses for maintenance of their schools but does not require the
custodians to open their books for any scrutiny or justification of expenses;
and
Whereas: The New York State Legislature recently threw out the private
contracts of school custodians in New York City based on numerous complaints
that the NYC schools were seldom cleaned and often closed to community groups;
and
Whereas: The New York State Legislature plans no similar action for Buffalo,
since this area has not generated many complaints to the legislature; and
Whereas: Despite the fact that few complaints have been registered in
Albany, several complaints have surfaced in this community about the lack of
scrutiny for custodian contracts and the limited after school use by community
groups that results because of a lack of cooperation from the custodians; and
Whereas: Although the Board of Education is contemplating future contracts
with custodian-engineers to require them to reveal their actual costs of
maintaining schools, immediate action is necessary to stop this outdated
practice because of the fiscal problems the city is experiencing;
Now, Therefore, Be It Resolved:
That this Common Council file a formal complaint with the New York State
Legislature protesting the exclusive private contracts between the Buffalo
Board of Education and the custodian- engineers and request that the
Legislature nullify the existing contracts; and
Be It Further Resolved:
That this Honorable Body request the Board of Education to put custodian
contracts out to competitive bid or negotiate a new contract requiring
custodian-engineers to reveal all expenditures, to require them to return
unused portions of their budget for rollover to the next fiscal year, and to
eliminate the practice of allowing custodians to keep equipment purchased
through the Board of Education; and
Be It Finally Resolved:
That the City Clerk be directed to forward certified copies of this
resolution to the Secretary of the New York State Senate, the Clerk of the NYS
Assembly, the Superintendent of the Buffalo Public Schools, and the Members of
the Buffalo Board of Education.
REFERRED TO THE SPECIAL COMMITTEE ON EDUCATION, THE BOARD OF EDUCATION AND THE
CORPORATION COUNSEL.
No. 158
By: Mrs. LoTempio
Request Current Administrative
Department Revenue Amounts
Whereas: In the 1993-94 fiscal budget for the City of Buffalo,
both the Mayor and the Common Council recommended a proposal calling for
projected service and monetary productivity increases in numerous city
departments; and
Whereas: New organizational methods were to be utilized, and concentrated
efforts initiated in the areas of collection and enforcement in the Parking
Violations Bureau, the Department of Inspections and Community Revitalization
and the Streets and Sanitation Department to facilitate projected service and
revenue goals; and
Whereas: With the mid-point of the 1993-94 fiscal year quickly approaching,
no reports have been filed by some departments outlining their success rates
and other factors contributing to the probability of achieving anticipated
projections; and
Whereas: It is the duty of this Common Council to request information as to
the state and performance of certain departments and to be informed of any
shortfalls to be better prepared to make adjustments in a timely manner; and
Now, Therefore Be It Resolved That:
This Common Council requests the Director of Budget and Management to
compile and file reports with this Council as to the current revenue and
productivity figures from Parking Enforcement, Multiple Dwelling Inspections
and fines collected through trash violations.
ADOPTED.
No. 159
By: Mrs. LoTempio
Ordinance Amendment
Chapter 167 - Elevators
The Common Council of the City of Buffalo does hereby ordain as
follows:
That Buffalo Code Chapter 167 (Elevators) be amended to add a new S
167-21 as follows:
S 167.21 Retroactive Provisions.
A. Within one (1) year after the effective date of this section, all
elevators existing on, before or after the effective date of this section shall
be equipped with the following:
(1) emergency signaling and communication devices;
(2) pit access, illumination and a stop switch;
(3) Top of car stop switch;
(4) hoistway - door locking devices, and car-door or gate electric contacts;
(5) standby (emergency) lighting power source, and a top-of-car electric
light and convenience outlet fixture.
B. The administrators shall maintain and make available to the public a
handbook detailing the specification for the requirements of this section.
Approved as to Form:
Laurence K. Rubin
Corporation Counsel
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 160
By: Mr. Perla
Crime Watch Signs For Auburn Avenue
Whereas: Residents of Auburn Avenue, located between Grant and
Breckenridge, have submitted a petition to the Buffalo Police Department
requesting that Crime Watch Signs be installed on their street; and
Whereas: The block club is asking that these signs be erected at the
following locations: on Auburn Avenue at the corner of Grant; on Auburn Avenue
at the corner of Barton; on Auburn Avenue at the corner of Lafayette; on
Gelston Street at the corner of Herkimer; and on Gelston Street at the corner
of Breckenridge;
Now, Therefore, Be It Resolved:
That this Common Council grants permission to have neighborhood Crime
Watch Signs installed at the location mentioned above by the City of Buffalo
Department of Public Works.
PASSED.
AYES- 13 NOES- 0.
No. 161
By: Mr. Perla
Home/Hope Funds for Urban Homestead Program
Whereas: The Buffalo Urban Renewal Agency has agreed to accept
$503,090 in HOPE III funds from the U.S. Department of Housing and Urban
Development;
Whereas: An additional $180,000 in HOME Urban Homestead Program Funding has
also been approved for use in conjunction with the HOPE III funds-
Whereas: The Common Council and B.U.R.A. have agreed that no specific funds
for HOME or HOPE will released without approval of both the Common Council and
B.U.R.A.;
Be It Therefore Resolved:
That a total of $683,090 is hereby approved for use in the Urban
Homestead Program to be offered by Community Revitalization in conjunction with
local non-profit housing redevelopers;
Be It Therefore Resolved:
That Community Revitalization has B.U.R.A. and Council approval to
implement the Homestead Program as a regular, ongoing program activity through
the complete expenditure of available funding.
REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT.
No. 162
By: Mr. Pitts
Ordinance Amendment
Chapter 35 - Personnel Policies
The Common Council of the City of Buffalo does hereby ordain as
follows:
That Section 35-13 of Chapter 35 of the Code of the City of Buffalo be
amended to read as follows:
S 35-13. Civil service examinations.
In the absence of any bargaining unit provision to the contrary, all
applications for civil service examinations shall be accompanied by a fee as
provided in Chapter 175, Fees, to cover the cost of application processing and
examination administration. Said fee shall be non-refundable. [An exception
to the fee requirement shall be made for those persons receiving supplemental
social security payments, public assistance (home relief or aid to dependent
children), or New York State unemployment benefits.)
It is hereby certified, pursuant to Section 34 of the Charter, that the
immediate passage of the foregoing ordinance is necessary.
APPROVED AS TO FORM
Laurence K. Rubin
Corporation Counsel
NOTE: Matter in brackets [ ] to be deleted.
PASSED.
AYES- 13 NOES- 0.
No. 163
By: Mr. Pitts
Ordinance Amendment
Chapter 175 - Fees (Chapter 35)
The Common Council of the City of Buffalo does hereby ordain as
follows:
That Chapter 175 - Fees, be amended to add the following:
Chapter 35, Personnel Policies
S35-13. civil service examinations
Examination fee (non-refundable) $10.00
It is hereby certified, pursuant to Section 34 of the Charter, that
immediate passage of the foregoing Ordinance is necessary.
APPROVED AS TO FORM
Laurence K. Rubin
Corporation Counsel
NOTE: Matter underlined is new.
PASSED.
AYES- 13 NOES- 0.
No. 164
By: Mr. Pitts
Support USPS Inspection Division Headquarters In Buffalo
Whereas: This Common Council is in receipt of a copy of a communication
of Mr. Alex G. Schmidt to Mr. Paul Senk of the U.S. Postal Service; and
Whereas: The establishment of a new U.S. Postal Service (USPS), Inspection
Service Division Headquarters will benefit the City of Buffalo and its
communities;
Therefore Be it Resolved: That
This Common Council fully supports the establishment of a new U.S. Postal
Service Inspection Service Division Headquarters as proposed; Project No.
B02085 to be located at 740 Main St.
ADOPTED.
No. 165
By: Mr. Zuchlewski
Apply for FY 1994 Certified Local Government Sub Grant
Buffalo Preservation Board Data Base
Whereas, the New York State Office of Parks, Recreation and Historic
Preservation (PARKS) provides matching grants to certified local governments
for projects that address the goals of identifying, evaluating, nominating and
protecting a community's cultural resources; and
Whereas, the City of Buffalo has been designated as a Certified Local
Government by PARKS; and
Whereas, PARKS is accepting applications for funding under the FY 1994
Certified Local Government Sub grant Program; and
Whereas, computer automation of the functions of the Buffalo Preservation
Board will improve decision making and efficiency of Board operations; and
Whereas, Certified Local Government Subgrant regulations require the
local legislative body to authorize the submission of grant applications.
Now, therefore, be it resolved that the Mayor of the City of Buffalo be,
and he hereby is, authorized and directed to file a FY 1994 Certified Local
Government matching grant application on forms prescribed by PARKS for
financial assistance in accordance with the provisions of the Certified Local
Government Sub grant Program; and
That upon approval of this application by PARKS, the Mayor of the City of
Buffalo be, and he is hereby, authorized to enter into and execute a project
agreement with PARKS for such financial assistance, upon such terms and
conditions prescribed by the State; and
That the City Clerk be, and he hereby is, directed to forward a certified
copy of this resolution to PARKS.
PASSED.
AYES- 13 NOES- 0.
No. 166
By: Mr. Zuchlewski
Assuring Funding For Least Toxic
Alternatives To Pesticide Use
Whereas: This Common Council added $50,000 to the agricultural
and botanical supplies account of the Parks Department in order to fund a
least-toxic program for the city's elm trees in 1994; and
Whereas: The Parks Department recently wrote to this Council noting that
funds had been transferred in order to pay for the disposal of unregistered
pesticides as required by the NYSDEC; and
Whereas: It is important to this Council and to the city's least-toxic
program that the funds for next year's program be left in place and not used
for other needs as they come up; and
Now Therefore Be It Resolved, That:
This Common Council requests the Parks Commissioner to give a written
assurance that the $50,000 targeted for the 1994 least-toxic elm tree program
is intact in the agricultural and supplies account (60-1-012-421) and that the
funds to pay for pesticide disposal have not and will not be taken from this
$50,000.
ADOPTED.
No. 167
By: Mr. Zuchlewski
Toys For Tots Donation Barrel
Whereas: In 1947, the United State Marine Corps started collecting
toys for needy children who otherwise would not be able to experience the joy
of Christmas, and
Whereas: Last year, the Marine Corps placed a donation barrel in the hallway
near room 1316B to give City Hall employees a convenient location to donate to
the needy, and
Whereas: It was very disheartening when the only barrel in City Hall was
picked up less than half-full, and
Whereas: With 13 City Clerk personnel, 13 Councilmembers who have a total
staff of 29 and 14 Council Staff personnel, it should not be a difficult task
to fill this barrel, and
Now, Therefore Be It Resolved:
The North District would like to challenge the City Clerk's Office, other
Councilmembers and their staff, and Council Staff to help fill this barrel more
than once, and be it further
Resolved: That this Common Council accepts this challenge, and hopes that it
does not fall upon deaf ears and that we will all be able to pool together to
make sure that our needy children have a Merry Christmas, and be it further
Resolved: That this barrel is located in the hallway near room 1316B and will
be there until December 21st, and be it further
Resolved: That certified copies of this challenge resolution be forwarded to
Charles Michaux, each Councilmember and Vincent LoVallo
ADOPTED.
No. 168
By: Mr. Zuchlewski
Board of Education Cooperation with
Buffalo Financial Plan Commission
Whereas: Earlier this year, the Buffalo Financial Plan Commission
completed an extensive and thorough review of the City of Buffalo budget,
staffing and management practices, and
Whereas: The result of this review was a blueprint on how to make the
structural changes to our operations that could save taxpayer dollars, have our
city services run more efficiently and cost effectively, and retain access to
the bond market, and
Whereas: Many of their recommendations have been implemented, are currently
under review or have forced city officials to become more creative and find
other cost saving measures, and
Whereas: Once the Buffalo Financial Plan Commission completed their enormous
task of reviewing the city side of the budget, they recognized the need to also
evaluate the Board of Education's operations, and
Whereas: Earlier this spring, the Buffalo Financial Plan Commission offered
their services to the Board of Education and promptly received commitments of
cooperation in reviewing its operations from the Superintendent, and the
elected members of the School Board, and
Whereas: Since that time, the Commission has had a problem receiving the
promised cooperation and necessary financial and management information to even
begin a preliminary review of the Board's operations, and
Whereas: On November 17, 1993, the Board of Education received a detailed
request for instructed to cooperate and devote their time and efforts towards
completing this comprehensive review of the Board's operations, and
Whereas: A review of the Board of Education's financial and management
practices is necessary to answer the very criticism that the Board is top heavy
and wasteful in its spending practices, and
Whereas: The Board of Education needs to go beyond making commitments to
cooperate with the Commission and take swift action to provide them with the
necessary financial reports and staff to begin this long awaited study, and
Whereas: This Council has a duty to act as an impetus to spur the Board of
Education into action so that we may have answers to the criticism of their
operations, especially during our budget deliberations,
Now, Therefore Be It Resolved:
That this Common Council urge the Buffalo Board of Education and the
Superintendent of Schools to immediately direct their staff to fully cooperate
with the Buffalo Financial Plan Commission and to begin, without delay, to
provide the necessary financial and management information so this study can
commence as soon as possible.
REFERRED TO THE SPECIAL COMMITTEE ON EDUCATION.
AYES- AMOS, BAKOS, BELL, COLLINS, COPPOLA, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO,
PERLA, PITTS, ZUCHLEWSKI- 12.
NOES- ARTHUR- 1.
No. 169
By: Mr. Zuchlewski
Draft Ordinance Amendments - Section 511-95
Adult Video and Bookstores
Whereas: During the past two years, the City of Buffalo has seen
the influx of new adult video and bookstores, and
Whereas: In response to this influx the Common Council amended section
511-95 of the Zoning Ordinances to further restrict the opening of these types
of stores, and
Whereas: Since the ordinances were amended, the Corporation Counsels office
has not won a single case against these adult video and bookstores, and
Whereas: The reasons for losing these cases seems to be the fact that the
Common Council, in its exuberance to protect our neighborhoods, may have made
the ordinances overly restrictive in violation of the protection of the First
Amendment of the Constitution combined with the lack of courage on the part of
some City Court Judges to tackle this difficult issue, and
Whereas: In addition, the definition of Adult uses may not be clear enough
because of it use of words such as "a substantial or significant portion of its
stock-in-trade," and
Whereas: The ordinance requires no adult use within 1500 feet of residential
property, unless 51% of the property owners within that area sign a petition
authorizing such use, and
Whereas: The result of this requirement is that a person circulating such
petition unduly upsets an entire community in the process, and
Whereas: The result of the wording of our ordinances and the ruling by City
Court Judges is that these Adult uses are virtually unrestricted,
Now, Therefore Be It Resolved:
That this Common Council direct the Corporation Counsel's office to draft
an ordinance amendment to section 511-4 and 511-95 to include the following
provisions:
1. Remove any reference to "substantial or significant portion of
stock-in-trade" and replace it with a requirement that the sale of even one
item of adult nature requires an adult use permit.
2. Eliminate the petition gathering section necessary for approval.
3. Reduce the 1500 feet from a residential property requirement to 750 feet.
4. Include a Police background check on the individual(s) or corporations
applying.
5. Specific regulation of "previewing booths" and/or "peep shows."
REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD, THE
CORPORATION COUNSEL AND THE COMMISSIONER OF POLICE.
No. 170
By: Mr. Zuchlewski
Felicitations/In Memoriam
Attached hereto are Felicitation and In Memoriam Resolutions sponsored
by Members of the Common Council as indicated:
Felicitation for Kathryn Bowman
By Councilmember Collins
ADOPTED.
No. 171
By: Mr. Zuchlewski
Appoint Commissioner Of Deeds - Public Duties
That the following persons are hereby appointed as Commissioner
of Deeds for the term ending December 31, 1994, conditional upon the persons so
appointed certifying under oath to their qualifications and filing same with
the City Clerk:
Margaret A. Maloney
Sharon Simon
Christine S. Chuchla
Peter J. Cook
Kimberlee C. Hawthorn
Claudia Kaye
Laura J. Norton
Linda L. Schabert
Olga Sukaczow
Mary A. Swiatek
Total: 10.
UNFINISHED BUSINESS
No. 172
Steer Rest. - Use 3155 Main - Rest. (Hrg. Hd.)
(Item No. 131, C.C.P., Oct. 19, 1993)
Mr. Fahey moved that the above item be taken from the table.
Seconded by Mr. Amos.
CARRIED.
Mr. Fahey now moved that the petition to use 3155 Main by the Steer
Restaurant be approved for one (1) year from this date, at which time
petitioner must return to this Common Council for review and renewal.
Seconded by Mr. Amos.
PASSED.
AYES- AMOS, BAKOS, BELL, COLLINS, COPPOLA, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO,
PERLA, PITTS, ZUCHLEWSKI- 12.
NOES- ARTHUR- 1.
No. 173
E.A.F. - Use of 3151 Main (CD)
(Item No. 58, C.C.P., Oct. 19, 1993)
Mr. Fahey moved that the above item be taken from the table.
Seconded by Mr. Bakos.
CARRIED.
Mr. Fahey now moved that the above item be approved. Seconded by Mr.
Pitts.
ADOPTED.
AYES- AMOS, BAKOS, BELL, COLLINS, COPPOLA, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO,
PERLA, PITTS, ZUCHLEWSKI- 12.
NOES- ARTHUR- 1.
No. 174
Use of 3151 Main (C.P. BD)
(Item No. 5, C.C.P., Oct. 19, 1993)
Mr. Fahey moved that the above item be taken from the table.
Seconded by Mr. Bell.
CARRIED.
Mr. Fahey now moved that the above item be received and filed. Seconded
by Mr. Bell.
ADOPTED.
No. 175
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
Claims Tuesday, DEC 7, 1993 9:00 AM
Civil Service Tuesday, DEC 7, 1993 9:30 AM
Finance Tuesday, DEC 7, 1993
Immediately Following Civil Service
Legislation Tuesday, DEC 7, 1993 2:00 PM
Economic Dev. Wed., DEC 8, 1993, 10:00 AM
Ancillary Committees
Stadium/Auditorium Task Force Wed., Dec. 1, 1993 9:00 A.M.
No. 176
Adjournment
On a motion by Mr. Fahey, Seconded by Mr. Perla the Council adjourned
at 3:30 P.M.
Charles L. Michaux, III
City Clerk
Meeting Reported By Leonard G. Sciolino, Council And Committee Reporter.