HomeMy WebLinkAbout93-1228
No. 24
Common Council
Proceedings
of the
City of Buffalo
Regular Meeting, December 28, 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, December 28, 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 December 14, 1993 were approved.
FROM THE MAYOR
No. 1
Appointment of Member of the Governing Committee of the Buffalo Foundation
Pursuant to the power vested in me by Paragraph V of the Resolution
and Declaration of Trust creating the Buffalo Foundation, 1 hereby appoint Joan
M. Sulewski, M.D., residing at 1217 Delaware Avenue, Buffalo - 14209, as a
member of the Governing Committee of the Buffalo Foundation effective January
1, 1994 for a term expiring on December 31, 1998.
Dr. Sulewski will succeed Ronald J. Anthony who has served the maximum
of two terms.
Dr. Sulewski, Chief of the Gynecology Section Surgical Service,
Department of Veterans Affairs Medical Center in Buffalo since 1987, earned a
B.S. degree from the University of Pittsburgh in 1964 and an M.D. from Woman's
Medical College of Pennsylvania in 1968.
Dr. Sulewski's post graduate education is as follows:
- Intern - medicine/surgery 1968-1969 Kings County Hospital, State
University of New York, Brooklyn, New York
- Resident - Junior Assistant through Chief Resident, 1969-1974 Department
of Obstetrics & Gynecology - The Johns Hopkins Hospital and University in
Baltimore, MD
Dr. Joan M. Sulewski served as Clinical Chief of Obstetrics & Gynecology,
the Buffalo General Hospital, Buffalo - 1980-1985; Clinical Chief of Obstetrics
& Gynecology, the Deaconess Hospital 1981-1985, Acting Director of Obstetrics &
Gynecology, The Buffalo General-Deaconess Hospital 1982-1985, Medical Director
Family Planning, the Buffalo General Hospital 1981-1989 and as Chief,
Gynecology Section Surgical Service, Department of Veterans Affairs Medical
Center Buffalo from 1987 to present.
Dr. Sulewski is a member of many professional and community
organizations:
- Association for Women in Science (Buffalo Chapter) 1981-present
- The Johns Hopkins Medical Surgical Society 1975-present
- The Johns Hopkins Women's Alumnae Association 1980-present
- Fellow- The American College of Obstetricians & Gynecologists
1976-present
- Member - Executive Board of Buffalo's Rzeszow Sister City Committee
1990-present
- Chair - Educational and Cultural Committee Sister City in Rzeszow, Poland
1991-present
I hereby certify that Joan M. Sulewski is fully qualified to serve as a
member of the Governing Committee of the Buffalo Foundation.
RECEIVED AND FILED.
No. 2
Reappointment of Member of Transportation Advisory Board
Pursuant to the powers vested in me by Section 182.1 of Article
10 of the Charter of the City of Buffalo, I hereby reappoint, subject to
confirmation by Your Honorable Body, the below listed persons as members of the
Transportation Advisory Board.
EXPIRATION DATE
Doris Kreuz 132 Shoshone Dr. May 10, 1996
Buffalo, 14214
Lawrence M. Murak 206 Sterling Ave. May 10, 1996
Buffalo, 14216
Philip Frandina 75 Chatham Ave. May 10, 1995
Buffalo, 14216
I hereby certify that the above listed persons are fully qualified for
reappointment to the Transportation Advisory Board.
REFERRED TO THE COMMITTEE ON LEGISLATION.
AYES- ARTHUR, BAKOS, BELL, COLLINS, COPPOLA, FRANCZYK, PERLA, PITTS,
ZUCHLEWSKI- 9.
NOES- AMOS, FAHEY, HIGGINS, LOTEMPIO- 4.
FROM THE MAYOR - EXECUTIVE DEPARTMENT
FROM THE CITY PLANNING BOARD
No. 3
266 Bryant Inc. - Request to Convert A Retail Store Into A Coffee House at 427
Elmwood Ave.
Item No. 98, C.C.P., December 14, 1993
The City Planning Board at its regular meeting held Tuesday, December
21, 1993 considered the above request pursuant to Section 511-56 of the Buffalo
Code, Elmwood Business District.
The applicant seeks to convert an existing retail store into a 1500
square foot coffee house.
The site is located in the EB zone which considers the establishment of
such uses to be restricted uses which require the approval of your Honorable
Body. Under SEQR the proposed use is considered an unlisted action which may
be studied through uncoordinated review.
The Planning Board suggested that the applicant should seek to provide
some off-street parking at adjacent lots near the proposed restaurant. If the
proposed restaurant was to be in a newly constructed building 15 off-street
spaces would have to be provided.
The Planning Board voted to approve the proposed coffee house with the
condition that any accessory signage be in compliance with the requirements of
the C1 zone.
RECEIVED AND FILED.
No. 4
NFTA - Request To Place Bus Shelters At Various Locations
Item No. 30, C.C.P., November 30, 1993
The City Planning Board at its regular meeting held Tuesday, December
21, 1993 considered the above matter pursuant to Section 413-67 of the Buffalo
Code, Review of Right-of-Way Encroachments.
The applicant, NFTA, seeks to place four bus shelters at the following
locations:
1. east side of Delaware Avenue opposite Cleveland Ave.
2. southeast corner of Delaware and Hertel Avenues
3. northwest corner of Niagara and Jersey Streets; and
4. northeast corner of Fillmore Avenue and French Street
The Board recommended the approval of three of the four proposed bus
shelters (Nos. 2, 3 and 4 above) and the denial of the proposed bus shelter at
Delaware Avenue opposite Cleveland Avenue pursuant to the Department of Public
Works objection. The Board also concurred with all other conditions stipulated
by the Department of Public Works.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 5
Waterfront Redevelopment Plan Change Parcel 20 of Area A
The City Planning Board at its regular meeting held Tuesday, December
21, 1993 considered the above amendment pursuant to Section 505 of the General
Municipal Law.
The amendment involves the designation of a portion of parcel 20 for
future use as a "public park/walkway." This amendment is consonant with the
original Area "A" concept which set aside percentages of land uses which could
be used to guide the mix of development over the years. Specifically, Area "A"
was to have 20% of its area, or 14 acres, set aside for public park/walkway. To
date, only 8.5%, or 6 acres, has been so designated.
Pursuant to state law, the City Planning Board conducted a public hearing
on the matter. Opponents and proponents of the plan amendment were invited to
speak. After hearing from personnel from the Department of Community
Development, the City Planning Board voted its unqualified approval.
The Board voted its unqualified approval since past attempts to dispose
of this land for residential development have been unsuccessful and that
consequently the reservation of this portion of parcel 20 for public use will
be an amenity which will ensure that all city residents will have access to the
waterfront. Lastly, under SEQR the proposed amendment would be considered an
unlisted action which may be studied through uncoordinated review.
REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT.
FROM THE BOARD OF STADIUM AND AUDITORIUM
No. 6
Waiver of 5% City Ticket Surcharge
The Board of Stadium and Auditorium wishes to inform your Honorable
Body that requests were received from the Ismailia Temple, presenters of the
Shrine Circus, and The Skating Association For The Blind & Handicapped,
presenters of an annual ice show, asking to be exempt from the 5% City ticket
surcharge.
The Ismailia Temple/Shrine Circus is asking for an exemption for only one
(1) show, that being 10:00 A.M., Thursday, March 10, 1994, a show especially
for elementary school children with the ticket price at $2.00.
The Skating Association For The Blind & Handicapped will present a
matinee and evening show on Saturday, March 5, 1994, this annual production is
designed to raise funds for their organization and mostly for the joy their
"handicapable" skaters derive from being the stars of the show.
Critical to their success is keeping their ticket prices at a minimum for
family affordability, an additional 5% on the ticket price could be the
determining factor whether a family may or may not attend.
The Board of Stadium and Auditorium is recommending approval of these
exemptions based on their interpretation of the language of the approving
resolution. And further, the fact that both of these organizations are
not-for-profit and that these fund raising enterprises are crucial to the
success of their programs.
Your expeditious approval of this request will be greatly appreciated by
all concerned.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 7
Free Use of Memorial Auditorium To The Skating Association For The Blind
Handicapped On March 5, 1994 For Annual "Ice Shows"
The Board of Stadium and Auditorium has received a request from
the Skating Association For The Blind & Handicapped for free use of Memorial
Auditorium on Saturday, March 5, 1994 to present their annual "Ice Shows".
The Skating Association For The Blind & Handicapped (S.A.B.A.H.) is a
not-for-profit organization assisting handicapped persons through instruction
and development of ice skating skills.
S.A.B.A.H. has agreed to supply the necessary insurance coverage, proper
security and as mandates by New York State Law have medical personnel on staff.
It is the recommendation of the Board of Stadium and Auditorium that your
Honorable Body grant approval for free use of Memorial Auditorium to the
Skating Association For The Blind & Handicapped for their annual "Ice Shows"
scheduled for March 5, 1994.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 8
Free Use of Memorial Auditorium From Thursday, March 10 Through And Including
Sunday, March 13, 1994 To The Ismailia Temple To Present The "Shrine Circus"
The Board of Stadium and Auditorium has received a request from
the Ismailia Temple for free use of Memorial Auditorium from Thursday, March 10
through and including March 13, 1994 for the annual "Shrine Circus".
The Ismailia Temple brings into Memorial Auditorium approximately 40,000
children from the Buffalo area free of charge, who normally would not be able
to afford a ticket to see the Circus. Many thousands of people donate their
time and energy to this cause to raise much needed funds to support the
worthwhile efforts of the Shriner's hospitals. In 1993 eighty two children
were admitted to Shrine Hospitals, where they received absolutely free medical
care.
Once again the Ismailia Temple has been asked to bear the expense for the
removal and replacement of the ice surface to accommodate this event in the
amount of $3,500.00.
The Shrine has agreed to supply the necessary certificate of insurance
and to provide necessary security and medical staffing mandated by New York
State Law.
The Board of Stadium and Auditorium hereby recommends that your Honorable
Body approve the free use of Memorial Auditorium to the Ismailia Temple from
Thursday, March 10 through and including Sunday, March 13, 1994 to present the
"Shrine Circus".
REFERRED TO THE COMMITTEE ON FINANCE.
No. 9
Certificate of Appointment
Appointment effective December 27, 1993 in the Department of Stadium
& Auditorium, Division of Pilot Field Stadium, Michael R. Mulderig, 56
Eaglewood Avenue, Buffalo, 14220, to the position of Assistant Director of
Stadium Operations, at the Flat starting salary of $38,632.
RECEIVED AND FILED.
FROM THE COMPTROLLER
No. 10
Certificate of Determination
$76,500,000 Note Sale
Certificate of Determination of the Comptroller as to the authorization,
issuance, form and content, sale and award of $76,500,000 Revenue Anticipation
Notes 1993/1994-A of the City of Buffalo, New York.
Sealed proposals were received on December 7, 1993 and the Notes are
hereby sold to Smith Barney Shearson, Inc., New York, New York, and Merrill
Lynch & Co., New York, New York. One Note in the amount of $25,000,000 will
bear interest at the rate (2.75%) per annum and one Note in the amount of
$51,500,000 will bear interest at the rate (3.00%) per annum. The Notes will
be dated December 13, 1993 and will mature on July 14, 1994.
The Notes will be delivered and shall be paid for on or about December
13, 1993 in New York, New York.
An Official Statement may be obtained from the offices of the financial
advisor to the City, Government Finance Associates, Inc. of New York, in New
York, at (212) 809-5700, or the office of the Comptroller, Room 1225 City Hall,
Buffalo, New York, at (716) 851-5255.
RECEIVED AND FILED.
No. 11
Capital Debt Service Fund
Deposits - 1993-94 Fiscal Year
Certificate Number 3-93-94 of the Comptroller of the City of Buffalo,
New York, relative to the Capital Debt Service of Fund of said city, stating
the amounts to be deposited therein and paid therefrom for the period
Commencing July 1, 1993 and ending June 30, 1994
I, Joel A. Giambra, Comptroller of the City of Buffalo, New York, in
accordance with the provisions of Section 202 of the resolution entitled:
"Enabling Resolution of the City of Buffalo, New York, establishing a
Capital Debt Service Fund, Determining the terms and Conditions of Such Fund
and Other Matters in Connection Therewith, and Providing for the Rights of
Holders of Capital Debt Obligations of the City.
duly adopted by the Common Council on March 8, 1977, and pursuant to the duties
of the chief fiscal officer set forth therein, Do Hereby Certify as follows:
1. The Capital Debt Service Fund Requirements for the fiscal year
commencing July 1, 1993 and ending June 30, 1994 is $31,303,445.56.
2. The portion of said Capital Debt Service Requirement allocated to the
First Collection Period (July 1, 1993 through and including November 30,1993),
is $7,769,915.96.
3. The portion of said Capital Debt Service Requirement allocated to the
Second Collection Period (December 1, 1993 through and including June 30,1994),
is $23,533,529.60.
4. The First Collection Period portion of the Capital Debt Service
Requirement is due and payable during the period commencing July 1, 1993 and
ending December 11, 1993 on the obligations, in the amounts, on the dates, and
at the place or places as set forth below:
Obligation Amount Due Date Due Place Due
Serial Bonds $1,682,573.75 7/30/93 M&T Trust Company
Buffalo, New York
Serial Bonds 271,537.50 8/1/93 Chase Manhattan, NA
New York, New York
Serial Bonds 682,775.75 8/13/93 Key Trust Company
Albany, New York
Serial Bonds 874,473.76 8/31/93 Marine Midland, NA
New York, New York
Serial Bonds 279,990.00 9/1/93 Chase Manhattan, NA
New York, New York
Serial Bonds 498,282.50 9/10/93 Fleet Bank
Buffalo, New York
Serial Bonds 464,051.25 9/30/93 Chase Manhattan, NA
New York, New York
Serial Bonds 227,230.00 10/1/93 " "
Serial Bonds 496,911.25 10/29/93 Chase Manhattan, NA
New York, New York
Serial Bonds 1,279,432.70 11/1/93 " "
Serial Bonds 375,947.50 11/30/93 " "
Serial Bonds 55,960.00 11/30/93 M&T Trust Company
Buffalo, New York
Serial Bonds 110,000.00 12/1/93 " "
Serial Bonds 470,750.00 12/1/93 Chase Manhattan, NA
New York, New York
$7,769,915.96
5. The aggregate amount to be deposited by the Director of the Treasury
with the fleet Bank, Buffalo, New York, commencing on July 1,1993 is
$7,769,915.96.
6. The Second Collection Period portion of the Capital Debt Service
Requirement is due and payable during the period commencing January 1, 1994,
and ending June 30, 1994, on the obligations, in the amounts, on the dates, and
at the place or places as set forth below:
Obligation Amount Due Date Due Place Due
Serial Bonds 109,802.80 12/9/93 Fleet Trust Company
New York, New York
Serial Bonds $1,682,573.75 1/31/94 M&T Trust Company
Buffalo, New York
Serial Bonds 5,925,000.00 2/1/94 " "
Serial Bonds 30,735.00 2/1/94 Chase Manhattan, NA
New York, New York
Serial Bonds 682,775.75 2/14/94 Key Trust Company
Serial Bonds 1,279,000.00 2/15/94 Albany, New York
Serial Bonds 1,019,935.00 2/14/94 Marine Midland, NA
New York, New York
Serial Bonds 874,473.76 2/28/94 Marine Midland, NA
New York, New York
Serial Bonds 2,080,000.00 3/1/94 " "
Serial Bonds 720.00 3/1/94 Chase Manhattan, NA
New York, New York
Serial Bonds 11,685.00 3/31/94 " "
Serial Bonds 498,282.50 3/31/94 Fleet Bank
Buffalo, New York
Serial Bonds 713,501.04 3/31/94 Fleet Trust Company
New York, New York
Serial Bonds 2,870,000.00 4/1/94 " "
Serial Bonds 1,125,000.00 4/1/94 Fleet Bank
Buffalo, New York
Serial Bonds 820,480.00 4/1/94 Chase Manhattan, NA
New York, New York
Serial Bonds 142,340.00 5/1/94 " "
Serial Bonds 43,870.00 5/31/94 Chase Manhattan, NA
New York, New York
Serial Bonds 52,605.00 5/31/94 M&T Trust Company
Buffalo, New York
Serial Bonds 3,570,750.00 6/1/94 Chase Manhattan, NA
New York, New York
$23,533,529.60
7. The aggregate amount to be deposited by the Director of the treasury
with the Fleet Bank, Buffalo, New York, commencing on December 1,1993 is
$23,533,529.60.
8. Pursuant to Section 202 (b) of said Enabling Resolution, the Director
of the treasury shall deposit the amounts shown in Section 5 and 7 hereof in
the Capital Debt Service Fund held by the Trustee, Fleet Bank, Buffalo, New
York, immediately upon receipt of any payment of or on account of any City ad
valorem property taxes, until the amount deposited during each Collection
Period is equal to the amount shown in Section 5 and 7, respectively.
9. I have this day delivered a copy of Certificate Number 3-93/94 to the
Director of treasury and to the Fleet Bank, Buffalo, New York.
RECEIVED AND FILED.
No. 12
Certificate of Necessity
Transfer Of Funds
Common Council - Legislative
Common Council - Legislative - Exempt Items
We, James D. Griffin, Mayor and Joel A. Giambra, Comptroller,
do hereby certify, pursuant to Section 42 of the Charter, that it is necessary
that the sum of $1,800 be transferred and reappropriated from the Common
Council - Legislative - Civil Service Committee - Travel and Transportation
Accounts, as set forth below:
The amount to be transferred represents an unexpended balance of items
contained in the budget for the current fiscal year and will not be needed at
this time for the purpose for which they were appropriated.
Dated: Buffalo, NY, December 23, 1993
RECEIVED AND FILED.
No. 13
Certificate of Necessity
Transfer Of Funds
Exempt Items - Water
Bond Fund - Water
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 $3,550 be transferred and reappropriated from the Reserve for
Capital Improvements in Appropriation Allotments - Exempt Items, as set forth
below:
The amount to be transferred represents an unexpended balance of items
contained in the budget for the current fiscal year and will not be needed at
this time for the purpose for which they were appropriated.
Dated: Buffalo, NY, December 22, 1993
RECEIVED AND FILED.
No. 14
Certificate of necessity
Transfer of Funds
Exempt Items - Water
Capital Outlay - Water
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 $150,000 be transferred and reappropriated from the Reserve for
Capital Improvements in Appropriation Allotments - Exempt Items, as set forth
below:
The amount to be transferred represents an unexpended balance of items
contained in the budget for the current fiscal year and will not be needed at
this time for the purpose for which they were appropriated.
Dated: Buffalo, NY, December 22, 1993
RECEIVED AND FILED.
No. 15
Active and Retiree Medical Benefits Audit
In response to the directive requiring the Comptroller to file
audit reports with the Common Council, I hereby submit copies of our
Performance Audit Report for the City's Active and Retiree Medical Benefits.
It is clear that there needs to be more monitoring of the City's employee
health care system. This Department purposes to do so with an annual medical
claims audit. Although the medical claims audit would never eliminate the
growth of health care costs, it would at least uncover errors, redundancies and
inefficiencies that contribute to spiraling health care costs.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
No. 16
Renewal Option
Lease Agreement Between the City of Buffalo and Kensington-Bailey Area Planning
Community, Inc.
Item # 1, C.C.P. 4/18/93
Your Honorable Body authorized the leasing of a Community Center
located at 2966-2971 Bailey Avenue to Kensington-Bailey Area Planning
Committee, Inc. This lease agreement was for a one year period commencing
December 1, 1989 and ending November 30, 1990. The lease also included nine
(9) additional one year renewal options.
This office has received a request from the Kensington/Bailey Planning
Committee, Inc., President Mr. Peter J. Zanghi, to exercise their option to
renew said lease for an additional one year period as stated in their lease
agreement. The lessee has fully satisfied this requirement and has complied
with all other provisions and terms of the lease.
This renewal will be for the period of December 1, 1993 through November
30, 1994. This reflects the fourth renewal option of their lease agreement.
This office recommends Your Honorable Body approve Kensington-Bailey Area
Planning Committee, Inc. to renew their lease for an additional one year term,
commencing on December 1, 1993 to November 30, 1994. I am further recommending
that Your Honorable Body authorized the Corporation Counsel to prepare the
necessary lease renewal and that the Mayor be authorized to execute the same.
Mr. Fahey moved:
That the communication from the Comptroller, dated December 21, 1993, be
received and filed; and
That the Comptroller be, and he hereby is, authorized to renew the lease
with the Kensington-Bailey Area Planning Community, Inc. for the use of
2966-2971 Bailey Avenue, for an additional year, to commence On December 1,
1993 and expire on November 30, 1994; and the Corporation Counsel to prepare
the necessary lease renewal and that the Mayor be authorized to execute the
same.
PASSED.
AYES- 13 NOES- 0.
No. 17
Abandonment Sale 42-44 Auchinvole
The Office of the Comptroller, Division of Real Estate, has received
a request from Ellicott Development, Inc., on behalf of Rite Aide Pharmacies,
to purchase the above captioned properties. Rite Aide Pharmacies intends to
acquire these properties to use in conjunction with the development of 142
Grant Street for the construction of a new pharmacy.
The property at 42 and 44 Auchinvole consists of two separate parcels
acquired by the City of Buffalo for the residential area parking program. The
property consists of 59.78 feet of frontage on Auchinvole and has a depth of 86
feet.
The Board of Parking has been contacted and they have no objections to
the sale of this property.
As a matter of disclosure, the Director of Real Estate, John P. Hannon,
is related to one of the principles involved in this transaction, Mr. Paladino
of Ellicott Development, Inc. Mr. Paladino is married to a cousin of Mr.
Hannon's. Mr. Hannon will have no direct or indirect financial interest in this
transaction and will be acting in his capacity as Director of Real Estate to
oversee that the proper procedures are followed.
As you Honorable Body knows, the sale price for this property will be
established by two Supreme Court appointed appraisers in accordance with the
Section 514 of the City Charter.
Should you Honorable Body approve of the above request, this office will
proceed in accordance with Section 513 and 514 of the City Charter and report
results back to your Honorable Body for final approval.
REFERRED TO THE COMMITTEE ON FINANCE AND THE CITY PLANNING BOARD.
No. 18
Permission to Negotiate
164 Glenwood, (33' x 95')
32' E Masten
Assessed Valuation: $1,600
The Office of the Comptroller, Division of Real Estate, has received
a request from Brent Rollins, 184 Glenwood Avenue, Buffalo, NY, to purchase the
above captioned 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
Mr. Brent Rollins 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 December 17, 1993, be
received and filed; and
That the Comptroller be, and he hereby is, authorized to negotiate with
Brent Rollins, residing at 184 Glenwood Avenue, for the private sale of 164
Glenwood Avenue and report to this Honorable Body the results of such
negotiations.
ADOPTED.
No. 19
Permission to Negotiate
374 Madison
Lot Size: 25' x 109'
Assessed Valuation: $1,200
The Office of the Comptroller, Division of Real Estate, has received
a request from Mrs. Azular Dill, 378 Madison Avenue, Buffalo, New York, to
purchase the above captioned property.
Mrs. Azular Dill would like to purchase this property, which is adjacent
to her home, in order to build an extension on her existing home.
The Department of Community Development and the Department of Inspect
ions & Community Revitalization were contacted and they have no objection to
this sale. The Tax and Demolition Lien Offices were also contacted and there
are no outstanding taxes and/or demolition liens owing to the City of Buffalo.
This office, therefore, is requesting that we be permitted to negotiate a
private sale for the above mentioned property and report back to Your Honorable
Body the results of negotiations.
Mr. Fahey moved:
That the communication from the Comptroller dated December 20, 1993, be
received and filed; and
That the Comptroller be, and he hereby is, authorized to negotiate with
Mrs. Azular Dill, residing at 378 Madison Avenue, for the private sale of 374
Madison Avenue and report to this Honorable Body the results of such
negotiations.
ADOPTED.
No. 20
Permission to Negotiate
36 Myers
(30' x 115') W 246' S Best
The Office of the Comptroller, Division of Real Estate, has received
a request from Rodney and Cindy Gilliam, 16 Meyers, Buffalo, New York, to
purchase the above captioned property to expand their back yard.
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.
This office is requesting permission to negotiate a private sale with
Rodney and Cindy Gilliam for sale of the above mentioned property 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 December 17, 1993, be
received and filed; and
That the Comptroller be, and he hereby is, authorized to negotiate with
Rodney and Cindy Gilliam, residing at 16 Meyers, for the private sale of 36
Myers and report to this Honorable Body the results of such negotiations.
ADOPTED.
No. 21
Permission to Negotiate
1139 Seneca St. (31' x 130')
East corner Maurice
Assessed Value: $3,000
The Office of the Comptroller, Division of Real Estate, has received
a request from Richard Lerczak, 1145 Seneca Street, Buffalo, New York, to
purchase the above captioned property for parking area adjacent to his
business.
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
Richard Lerczak 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 December 20, 1993, be
received and filed; and
That the Comptroller be, and he hereby is, authorized to negotiate with
Richard Lerczak, residing at 1145 Seneca Street, for the private sale of 1139
Seneca Street and report to this Honorable Body the results of such
negotiations.
ADOPTED.
No. 22
Permission to Negotiate
65 Welker, (25' x 100')
175' N Glenwood
Assessed Valuation: $1,300
The Office of the Comptroller, Division of Real Estate, has received
a request from Mrs. Clara R. Weathersby, 61 Welker Street, Buffalo, NY, to
purchase the above captioned property to build a garage.
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
Mrs. Clara R. Weathersby 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 December 21, 1993, be
received and filed; and
That the Comptroller be, and he hereby is, authorized to negotiate with
Mrs. Clara R. Weathersby, residing at 61 Welker Street, for the private sale of
65 Welker Street and report to this Honorable Body the results of such
negotiations.
ADOPTED.
No. 23
Results of Negotiations
1477 Jefferson, E 135' N Ferry
Vacant Lot: 25' x 150'
Assessed Valuation: $1,080
Item No. 11, C.C.P. 5/11/93
In the above referenced Item Your Honorable Body authorized the
Office of the Comptroller, Division of Real Estate, to negotiate a private sale
with 1490 Enterprises, Inc., to purchase the above captioned property. 1490
Enterprises, Inc. is in the process of developing an Adult Day Care Center on
property they own at 1479-1481 Jefferson which is directly adjacent to the
subject property. They would like to purchase the adjoining City owned
property to expand the outdoor recreation area proposed for the project.
An independent appraisal of the property was conducted by Mr. James H.
White, Appraiser, 537 Humboldt Parkway, Buffalo, New York 14208. He has
estimated the fair market value of the property to be Nine Hundred and Fifty
Dollars ($950). This represents approximately twenty-five cents ($.25) a
square foot appraised value for the subject property. The Division of Real
Estate has investigated the sales of similar properties in the area. Sale
prices range from twenty-three cents ($.23) to forty-three cents ($.43) a
square foot, indicating a value of Eight Hundred and Sixty Dollars ($860) to
Sixteen Hundred Dollars ($1,600) for the subject property.
The results of our negotiations are that Mr. Herbert Bellamy of 1490
Enterprises, Inc., has offered Six Hundred Dollars ($600) for the property.
This is approximately sixteen cents ($.16) a square foot for the 25 foot by 150
foot parcel. He has also agreed to pay for the cost of the appraisal, transfer
tax, recording fees and cost of the legal description.
This office has often recommended to Your Honorable Body not to approve
sales of property below Market Value reported by the Real Estate Appraiser.
However, I am sure you will agree that the Day Care Facility and the services
provided by it, proposed by 1490 Enterprises, Inc., will directly benefit the
residents of the area and improve the 1400 block of Jefferson with a new Day
Care Facility.
Therefore, I am recommending that Your Honorable Body approve the offer
Six Hundred Dollars made by 1490 Enterprises, Inc. for the property located at
1477 Jefferson. I am further recommending that Your Honorable Body authorize
the Corporation Counsel to prepare the necessary documents for transfer of
title and that the Mayor be authorized to execute the same.
Mr. Fahey moved:
That the communication from the Comptroller, dated December 9, 1993, be
received and filed; and
That the offer of 1490 Enterprises, Inc., in the sum of $600.00 (Six
Hundred Dollars) to purchase the property described as 1477 Jefferson Avenue,
be and hereby is accepted; and
That the appraisal requested by the City of Buffalo will be paid by the
purchaser; and
That the transfer tax, recording fees and cost of legal description will
be paid by the purchaser; and
That the Mayor be authorized to execute a deed and sign the necessary
documents for the transfer of title, and the Comptroller be authorized to
deliver the same, in accordance with the terms of sale upon which the bid was
submitted.
PASSED.
AYES- 13 NOES- 0.
No. 24
Response - Request to Purchase
863 East Ferry
Item #97, C.C.P. 12/14/93
The above referenced item was forwarded to the Committee on Finance
and to this office for a response. The item is a communication from Mr.
Charles Williford, 21 Lark Street, Buffalo, New York 14211. Mr. Williford is
inquiring as to the procedural steps he must take in order to obtain the
property that is owned by the City of Buffalo.
The property located at 863 East Ferry Street consists of a two and
one-half (2 1/2) story structure containing a four (4) room store front on the
first floor and two (2) apartments on the second floor. The property is
situated on lot having a frontage of 26 feet by a depth of 104 feet. The
property was acquired by the City of Buffalo through an In-Rem Tax Foreclosure
on October 25, 1993. There is a hold-over tenant paying $200 a month for the
lower store and the upper apartments are vacant. The total assessed value of
the property is $23,900. The overall condition of the interior and exterior of
the property is poor.
I have instructed the Director of Real Estate to contact Mr. Williford
and advise him of our private sale procedures and have asked the Director to
assist Mr. Williford with his request.
If the Division of Real Estate is successful in securing a purchase offer
from Mr. Williford, we will forward the results of our negotiation to Your
Honorable Body for consideration.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 25
Response - Mary Boyd Acquire - 437 Genesee Street
Item #95, C.C.P. 7/6/93
The above item was a request from Mrs. Mary Boyd, 439 Genesee
Street, Buffalo, New York, to seek advise on how to acquire the above
referenced property.
The above referenced property was acquired by the City of Buffalo in 1981
through In-Rem Tax Foreclosure #13. The property consists of a vacant lot
having a frontage of 26 feet and a depth of 125 feet and is zoned commercial.
The property was subsequently sold by the City of Buffalo to Buffalo Enterprise
Development Corporation in 1992 for their commercial land bank development.
The Division of Real Estate sent a letter to Mrs. Boyd on November 9,
1993, and advised her to contact the Buffalo Enterprise Development
Corporation, Olympic Towers, Suite 452, 300 Pearl Street, Buffalo, New York
14202.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 26
Certificate of Appointment
Appointment effective December 13 1993 in the Department of Audit
and Control, Division of Data Processing, Michael Kujawski, 461 Dartmouth,
Buffalo 14215, to the position of Computer Programmer, Permanent, at the
Intermediate starting salary of $32,041.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
No. 27
Certificate of Appointment
Appointment effective December 20, 1993 in the Department of Audit
and Control, Division of Data Processing, Janet Reyes, 242 Gorton St., Buffalo
14207, to the position of Data Processing Equipment Operator, Provisional, at
the Intermediate starting salary of $22,788.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
FROM THE COMMISSIONER OF ASSESSMENT
No. 28
Tax Cancellation 1993-94
Adjustments on the General City Tax for 1993-94 were made on the
following properties (list attached) to provide for changes due to omitted or
incorrect exemptions and assessment errors.
I, therefore, request that a warrant be drawn on 81-2 General City
Charges, 000-00-802 Tax Adjustment Fund, in favor of the City for the taxes
indicated on the attached list in the amount of $374,358.18.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 29
Certiorari Proceedings-247 & 317 E. Amherst,
116 Clarence, Fiscal Years, 1991-92, 1992-93, 1993-94
General Motors Corporation (Harrison Plant)
This is to advise that the owner, General Motors Corporation,
has instituted certiorari proceedings on 247 and 317 East Amherst Street and
116 Clarence, Buffalo, New York, regarding the assessments for the fiscal years
1991-92 through 1993-94.
The assessments were reviewed by this Department and the owner expressed
a willingness to settle these proceedings.
The proposed settlement for such fiscal years is as follows:
City's
City's 1991-92 City's
City's 1991-92 Proposed 1991-92
Certi. Harrison Plant 91-92 Proposed Assmt Proposed
Year Address Assmt Assmt Reduction Refund
1991-92
317 E.Amherst $1,797,700 $1,722,140 $75,560 $2,582.31
247 E. Amherst 77,900 77,900 -0-
-0-
116 Clarence 13,400 13,400 -0-
-0-
1992-93
317 E. Amherst 1,875,600 1,686,700 188,900 7,977.13
116 Clarence 13,400 13,400 -0-
-0-
1993-94
317 E. Amherst 2,468,200 764,100 1,704,100 62,812.00
116 Clarence 35,900 35,900 -0-
-0-
*Total Refund $73,371.44
*General Motors Corporation waives all claims to accrued interest.
Based on a review of the current market value of the property, I feel
this settlement would be in the best interests of the City. I therefore
recommend this settlement, in which the Law Department concurs.
The proposed settlement is subject to the approval of Your Honorable
Body. I hereby request that the Corporation Counsel be authorized to settle
the 1991-92, 1992-93 and 1993-94 certiorari proceedings on 247 and 317 East
Amherst Street and 116 Clarence, Buffalo, New York by reducing the 1991-92
assessment for 317 East Amherst from $1,797,700 to 1,722,140; by reducing the
1992-93 assessment on 317 East Amherst from $1,875,600 to $1,686,700; and by
reducing the 1993-94 assessment on 317 East Amherst from $2,468,200 to
$764,100.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 30
Abatement Unpaid Taxes 221 Linwood
Item No. 142, C.C.P. 11-30-93
The Corporation Counsel has rendered an opinion to Your Honorable
Body concerning the forgiveness of past due property taxes at 221 Linwood
Avenue. The Corporation Counsel in his opinion stated that Your Honorable Body
would be acting within its authority to release property tax liability at 221
Linwood. However, releasing the property tax Liability on this property would
set a benchmark in public policy concerning the release of property tax
liabilities on properties owned by organizations that provide an educational,
charitable and/or religious service to the public.
REFERRED TO THE COMMITTEE ON FINANCE.
FROM THE COMMISSIONER OF PUBLIC WORKS
No. 31
Notification Serial #8323 Repeal of Stop Signs in
Vermont Street at Brayton Street
STOP SIGN - REPEAL
In conformity with Section 49 of Chapter 479 of the Ordinances of the
City of Buffalo, the City Engineer hereby notifies your Honorable Body of this
action supplementing, amending or repealing existing provisions of Chapter 479
of the Ordinances, as stated below, to be effective forty five days after the
first Council meeting at which they appear on the agenda as an item business.
That that part of Subdivision 9 of Section II of Chapter 479 of
Ordinances of the City of Buffalo be supplemented by repealing therefrom the
STOP SIGNS
following:
VEHICLES ON SHALL STOP BEFORE ENTERING
Vermont Street Brayton Street
This communication is in response to a request of the New West Side
Village Association to have the aforementioned stop sign removed. This
Department has performed an intensive traffic study of this area. We have
determined, based on accident history and proximity of other traffic control
devices in this region, that this stop sign can be removed without jeopardizing
the safety of vehicles and pedestrians using this thoroughfare.
Notification Serial #8324 Repeal Alternate Parking-Type II Selkirk
Street between Exchange St. and Minton St.
Item #152, C.C.P. 11/16/93
NO PARKING (ALTERNATE PARKING - TYPE II) - REPEAL
In conformity with Section 49 of Chapter 479 of the Ordinances of the
City of Buffalo, the City Engineer hereby notifies your Honorable Body of this
action supplementing, amending, or repealing existing provisions of Chapter 479
of the Ordinances, as stated below, to be effective forty five days after the
first Council meeting at which they appear on the agenda as an item business.
That that part of Subdivision 24 of Section 15 of Chapter 479 of
Ordinances of the City of Buffalo be supplemented by repealing thereto the
NO PARKING
following:
PROHIBIT PRTN HIGHWAY PROHIBITED PERIOD DAILY
Selkirk Street, west side 9 a.m. - 4 p.m.
between Exchange St. and Minton St. Mon., Tues., Wed.
Selkirk Street, east side 9 a.m. - 4 p.m.
between Exchange St. and Minton St. Thursday, Friday
Notification Serial #8325
Repeal Alternate Parking-Type II Selkirk Street
Between Minton St. and NYS Thruway Overpass.
Item #152, C.C.P. 11/16/93
NO PARKING (ALTERNATE PARKING - TYPE I) - REPEAL
In conformity with Section 49 of Chapter 479 of the Ordinances of the
City of Buffalo, the City Engineer hereby notifies your Honorable Body of this
action supplementing, amending, or repealing existing provisions of Chapter 479
of the Ordinances, as stated below, to be effective forty five days after the
first Council meeting at which they appear on the agenda as an item business.
That that part of Subdivision 24 of Section 15 of Chapter 479 of
Ordinances of the City of Buffalo be supplemented by repealing thereto the
NO PARKING
following:
PROHIBIT PRTN HIGHWAY PROHIBITED PERIOD DAILY
Selkirk Street, west side 4 p.m. Sunday to
between and Minton St. and NYS 4 p.m. Wednesday
Thruway Overpass
Selkirk Street, east side 4 p.m. Wednesday
between Minton St. and NYS 4 p.m. Sunday
Thruway Overpass
Notification Serial #8326 Repeal of Permissive Parking on South
Park Avenue at New Police Precinct Headquarters
PERMISSIVE PARKING - REPEAL
In conformity with Section 49 of Chapter 479 of the Ordinances of the
City of Buffalo, the City Engineer hereby notifies your Honorable Body of this
action supplementing, amending, or repealing existing provisions of Chapter 479
of the Ordinances, as stated below, to be effective forty five days after the
first Council meeting at which they appear on the agenda as an item business.
That that part of Subdivision 25 of Section IS of Chapter 479 of
Ordinances of the City of Buffalo be supplemented by repealing therefrom the
Permissive Parking
following:
PERM. PRKG LOCATION PD PERMISSIVE PRKG DAILY
South Park Avenue, west side 2 hour parking 7 a.m. - 7 p.m.
between a point 48' north of the Except Sunday
north curbline extended of
Olcott Avenue and a point
167' south therefrom
Notification Serial #8327
No Parking Except Official Police Vehicles on South Park Avenue at New Police
Precinct Headquarters
NO PARKING EXCEPT OFFICIAL POLICE VEHICLES
In conformity with Section 49 of Chapter 479 of the Ordinances of the
City of Buffalo, the City Engineer hereby notifies your Honorable Body of this
action supplementing, amending, or repealing existing provisions of Chapter 479
of the Ordinances, as stated below, to be effective forty five days after the
first Council meeting at which they appear on the agenda as an item business.
That that part of Subdivision 22 of Section 15 of Chapter 479 of
Ordinances of the City of Buffalo be supplemented by adding thereto the
NO PARKING EXCEPT OFFICIAL POLICE VEHICLES
following:
HIGHWAY LOCATION PROHIBITED PRTN HIGHWAY
South Park Avenue, west side between a point 48' north of the
north curb line extended of Olcott
Avenue and a point 167' south
therefrom
Notification Serial #8328
Change (Repeal) in Peak Hour
No Standing Times
Bailey between Pullman & Broadway
NO STANDING - REPEAL
In conformity with Section 49 of Chapter 479 of the Ordinances of the
City of Buffalo, the City Engineer hereby notifies your Honorable Body of this
action supplementing, amending, or repealing existing provisions of Chapter 479
of the Ordinances, as stated below, to be effective forty five days after the
first Council meeting at which they appear on the agenda as an item business.
That that part of Subdivision 22 of Section IS of Chapter 479 of
Ordinances of the City of Buffalo be supplemented by repealing therefrom the
NO STANDING
following:
PROHIBITED PRTN HIGHWAY PROHIBITED PD. DAILY
Bailey Avenue, west side 7 a.m. - 9 a.m. and
between Pullman Place 4 p.m. - 6 p.m.
and Broadway Except Sat. & Sun.
The current prohibited standing period is being changed to provide
consistent parking conditions in this area during peak hours. (reference Serial
#8329)
Notification Serial #8329 Change (Install) in Peak Hour
No Standing Times Bailey between Pullman & Broadway
NO STANDING
In conformity with Section 49 of Chapter 479 of the Ordinances of the
City of Buffalo, the City Engineer hereby notifies your Honorable Body of this
action supplementing, amending, or repealing existing provisions of Chapter 479
of the Ordinances, as stated below, to be effective forty five days after the
first Council meeting at which they appear on the agenda as an item business.
That that part of Subdivision 22 of Section 15 of Chapter 479 of
Ordinances of the City of Buffalo be supplemented by adding thereto the
NO STANDING
following:
PROHIBITED PRTN HIGHWAY PROHIBITED PD DAILY
Bailey Avenue, west side 7 a.m. - 9 a.m. and
between Pullman Place 4 p.m. - 7 p.m.
and Broadway Except Sunday
Notification Serial #8330 Police Emergency - Install stop sign
in Coyle Place at Heath Street
STOP SIGN
In conformity with Section 49 of Chapter 479 of the Ordinances of the
City of Buffalo, the City Engineer hereby notifies your Honorable Body of this
action supplementing, amending, or repealing existing provisions of Chapter 479
of the Ordinances, as stated below, to be effective forty five days alter the
first Council meeting at which they appear on the agenda as an item business.
That that part of Subdivision 9 of Section 11 of Chapter 479 of
Ordinances of the City of Buffalo be supplemented by adding thereto the
STOP SIGN
following:
VEHICLES ON SHALL STOP BEFORE ENTERING
Coyle Place Heath Street
Notification Serial #8331 Police Emergency - Install stop sign
in Coyle Place at Merrimac Street
STOP SIGN
In conformity with Section 49 of Chapter 479 of the Ordinances of the
City of Buffalo, the City Engineer hereby notifies your Honorable Body of this
action supplementing, amending, or repealing existing provisions of Chapter 479
of the Ordinances, as stated below, to be effective forty five days after the
first Council meeting at which they appear on the agenda as an item business.
That that part of Subdivision 9 of Section II of Chapter 479 of
Ordinances of the City of Buffalo be supplemented by adding thereto the
STOP SIGN
following:
VEHICLES ON SHALL STOP BEFORE ENTERING
Coyle Place Merrimac Street
RECEIVED AND FILED.
No. 32
Report of Bids
Hatch Cover Rehabilitation
Division of Water
As authorized by your Honorable Body in Item No. 40 of April 16,
1991 plans and specifications were prepared and sealed proposals accepted for
Hatch Cover Rehabilitation - Furnishing and installing ten (10) hatches in
various locations throughout the City of Buffalo's Water Treatment Plant. The
work shall consist of, but not be limited to, removal of existing hatchways,
concrete repair, installation of concrete curbs, aluminum plate covers and all
appurtenances necessary or required.
I submit the following report of all bids received which were opened in
my office at 11:00 a.m. on Wednesday, December 8, 1993:
Base
Bid Alternate
Flo-Kleen Pipe Services, Inc.
5976 Ide Road
Newfane, New York 14108 $63,710.90 $7,205.00
E.E. Wallace Construction Co.,Inc.
PO Box 183
North Boston, N.Y. 14110 $69,700.00 $8,000.00
The C.H. Byron Company, Inc.
127 Skillen Street
Buffalo, N.Y. 14207 $72,765.00 $12,000.00
Huber Construction, Inc.
11 Embry Place
Lancaster, N.Y. 14086 $76,564.00 $616.00
Paul J. Gallo Contracting
PO Box 453
East Amherst, N.Y. 14051 $79,000.00 $650.00
Emark Marine Services
53566 Benzing Road
Orchard Park, N.Y. 14127 $ 81,190.00 $1,400.00
Gerald T. Stay Company, Inc.
255 Great Arrow Ave
Buffalo, N.Y. 14207 $ 88,272.00 $10,200.00
Nichter Construction Co., Inc.
344 Vulcan Street
Buffalo, N.Y. 14207 $92,700.00 $ 4,500.00
Amherst Construction, Inc.
150 Milton Street
Williamsville, N.Y. 14221 $95,400.00 $10,600.00
Firstrhyme Construction Corp.
3517 Genesee Street
Buffalo, N.Y. 14225 $99,900.00 $9,900.00
I hereby certify that the foregoing is a true and correct statement of
all bids received and that Flo-Kleen Pipe Services, Inc., 5976 Ide Road,
Newfane, New York is the lowest responsible bidder for the Hatch Cover
Rehabilitation Project with their combined total bid of $70,915.90.
I respectfully request that your Honorable Body authorize the
Commissioner of Public Works to enter into a contract with Flo-Kleen Pipe
Services, Inc. the above work in the amount of $70,915.90 and same be charged
to the Division of Water?s 416-982-010-00-000 account.
The Engineer's estimate for this work was $ 75,000.00.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 33
Change in Contract - Change Order #1 Jefferson Ave.
Phase IV - Gr #341 Contract #91722600
Destro Brothers Concrete Company Inc.
I hereby submit to Your Honorable Body the following contract
unit price, and negotiated unit price, additions to the contract. The
Department of Public Works has determined that one block of William St. from
Jefferson to Madison, must be reconstructed with the above named project.
Therefore, we have requested the Buffalo Sewer Authority, and they have agreed,
to replace a section of old brick sewer within these extended limits.
The Department of Public Works will front the money and submit a detailed
final cost to the Buffalo Sewer Authority, for reimbursement after acceptance.
1. Contract unit price additions
Item no. Description Contract Estimated Cost
Unit Price Quantity
206.02 Trench & Culvert Exca. $12 50 C.Y. $600
08.110 10 Inch Sewer Lateral $30 30 L.F. $900
08.630 Manhole-Rehabilitation $250 2 L.F. $500
Sub Total $2,000.00
2. Negotiated Unit Price Additions
Item No. Description Negotiated Estimated Cost
Unit Price Quantity
08.104 4 Inch Sewer Lateral $45.00 7 L.F. $315
08.106 6 Inch Sewer Lateral $45.00 7 L.F. $315
08.108 8 Inch Sewer Lateral $45.00 6 L.F. $270
08.118 18 Inch P.V.C. Pipe $80.00 240 L.F. $19,200
08.610 Manhole-Construction $280.00 15 L.F. 4,200
Sub Total $24,300
Total Cost$ 26,300
CONTRACT SUMMARY
Original Contract Amount $885,013.50
Change Order # 1 (This Change Order) $ 26,300.00
Total $911,313.50
This will require an extension time of 30 working days. The second low
bidder for this contract was M. Falgiano Construction Co. in the base bid
amount of $947,957.15.
I respectfully certify that this change order is fair and equitable for
the work involved and respectfully request that Your Honorable Body approve the
subject change order and authorize the Commissioner of Public Works to issue
said change order to Destro & Brothers Concrete Company, Inc.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 34
Emergency work
to the Seneca and Hamburg Street Bridges
This is to inform Your Honorable Body that the New York State
Department of Transportation has is sued to the City of Buffalo Red Structural
Flags on the Seneca and Hamburg Street Bridges. Therefore, the City Engineer
has declared an emergency situation on these two bridges. This is to inform
Your Honorable Body that the Department of Public Works has received informal
bids for the repair of the flagged condition on the aforementioned bridges.
The following bids were received:
Contractor Bid
Gateway Welding Inc. $4,950.00 (Low)
Honan Construction Inc. $5,100.00
P. Gallo Contracting Inc. $18,500.00
I hereby certify that the lowest responsible bidder for the emergency
repair is Gateway Welding Inc. This is also to inform Your Honorable Body that
while Gateway Welding Inc. was making the repairs to the aforementioned flagged
condition the New York State Department of Transportation Red Flagged another
component of the structure of the Hamburg Street Bridge. Since Gateway Welding
Inc. was already mobilized at the site they were ordered to proceed with the
additional repair work. The price of this additional repair work is $1995.00.
The Department of Public Works feels that this is a fair and equitable price
for this repair; thereby making the total cost of the emergency repair
$6,945.00. Also, the City Engineer has hired Mr. T. Paul Jansen, P.E.,
Consulting Engineer, to perform the necessary repair details for the Flagged
conditions.
Funds for this work are available in Engineering Bond Fund
200-401-023-00-000.
Mr. Fahey moved:
That the communication from the Department of Public Works, dated
December 17, 1993, be received and filed; and
That the Commissioner of Public Works be, and he hereby is, authorized to
award a contract for Seneca and Hamburg Street Bridges to Gateway Welding Inc.,
the lowest responsible bidder in the amount of $4,950.00 plus $1,995.00 for
additional repairs for a total of $6,945.00, with said cost to be charged
against the Engineering Bond Fund #200-401-023-00-000.
PASSED.
AYES- 13 NOES- 0.
No. 35
Emergency Repair Memorial Auditorium
Roof Repair
From 9/27/93 to 11/17/93 Grove Roofing Inc., 157 Reading St.,
Buffalo, New York 14220, was called upon Lo perform emergency repairs upon the
roof at Memorial Auditorium. This work was satisfactorily completed on a time
and material basis at a cost of $15,873.30.
Funds are available for this purpose in the Department of Public Works,
Division of Buildings.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 36
Emergency Repair
East Side Transfer Station
Damaged Masonry
On 8/11/93, Alpha Masonry Construction Company, Inc., 3320 N.
Benzing Road, Orchard Park, NY 14127, was called upon to perform emergency
repairs to damaged masonry at the East Side Transfer Station. Although this
transfer station is operated by the City's waste disposal contractor,
Integrated Waste, a City of Buffalo refuse disposal truck crashed into the
masonry, causing the damage.
This work was satisfactorily completed at a cost off $12,678.00. Funds
are available in the Department of Public Works, Division of Buildings, for
this purpose.
Mr. Fahey moved:
That the communication from the Department of Public Works, dated
December 16, 1993, be received and filed; and
That the Commissioner of Public Works be, and he hereby is, authorized to
award a contract for emergency repairs to damaged masonry at the East Side
Transfer Station to Alpha Masonry Construction Company, Inc., in the amount of
$12,678.00, with said cost to be charged against the Department of Public
Works, Division of Buildings.
PASSED.
AYES- 13 NOES- 0.
No. 37
Permission To Engage The Services Of A Consultant Engineer To Do a Traffic
Impact Study Do 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.
Funds for this project will be available in Capital Bond Fund
#200-401-548.
Mr. Fahey moved:
That the communication from the Department of Public Works, dated December 13,
1993, be received and filed; and
That the Commissioner of Public Works be, and he hereby is, authorized to
enter into a contract with a consultant to provide a Traffic Impact Study for
the Inner Harbor. Funds are available in Capital Bond Fund #200-401-548.
PASSED.
AYES- 13 NOES- 0.
No. 38
Roswell Park; Temporary Closing of North Oak St.
Mrs. Gail E. Johnstone, Director of Planning for Roswell Park
Cancer Institute, in conjunction with the New York State Dormitory Authority,
has requested permission to temporarily close a portion of North Oak Street.
Specifically, North Oak Street would be closed from Carlton Street to a
point 150 feet north therefrom for a period of two and a half years. The
remaining portion of North Oak, extending to High Street, would become a two
way street during this time.
The temporary street closing is part of the ongoing modernization project
and is necessary in order to allow for a covered walkway to be built across
North Oak. This covered walkway will allow patients to access buildings on
opposite sides of the street and will be removed after the two and a half year
period.
The Department of Public Works has reviewed Roswell Parks application and
has no objection to the above mentioned street closing provided the following
conditions are met:
1. That the applicant obtain any and all other City of Buffalo permits
necessary for said street closing.
2. That the applicant install all signage deemed necessary by Traffic
Engineering.
3. That the applicant restore all affected areas to original condition
upon completion of project.
4. That the applicant supply a certificate of insurance, which is
approved as to sufficiency by the Corporation Counsel, and which indemnifies
the City against any and all damage or loss caused by said street closing.
Mr. Fahey moved:
That the communication from the Department of Public Works, dated
December 23, 1993, be received and filed; and
That the Commissioner of Public Works be, and he hereby is, authorized to
close a portion of North Oak Street for a period of two and one half years, so
that Roswell Park Cancer Institute can continue the ongoing modernization
project, subject to the following conditions:
1. That the applicant obtain any and all other City of Buffalo permits
necessary for said street closing.
2. That the applicant install all signage deemed necessary by Traffic
Engineering.
3. That the applicant restore all affected areas to original condition
upon completion of project.
4. That the applicant supply a certificate of insurance, which is
approved as to sufficiency by the Corporation Counsel, and which indemnifies
and holds harmless the City against any and all damage or loss caused by said
street closing.
PASSED.
AYES- 13 NOES- 0.
No. 39
2258 Genesee Street, Awning Within Right Of Way
Mr. Greg Kloepfer, owner of Kloepfers Floor Coverings, 2258 Genesee
corner Erb Street, has requested permission to install an awning which would
encroach city right of way at said address.
The proposed awning would measure 23 feet in length on Genesee Street, 7
feet in length on Erb Street, and project 2 feet from the building face into
city right of way.
The Department of Public Works has reviewed Mr. Kloepfer's application
pursuant to Chapter 413-56 (awnings, canopies and marquees) of the City
Ordinances and has no objection to your Honorable Body authorizing the
Commissioner of Public Works to issue a "Here License" for said installation
provided the following conditions are met:
1. That the applicant obtain any and all other City of Buffalo permits
necessary for said installation.
2. That the awning be installed exactly as shown on plans submitted to
and approved by the Department of Public Works, Division of Buildings.
3. That the applicant supply the City of Buffalo with a five thousand
dollar construction in street bond or certificate of insurance which will
indemnify and save harmless the City of Buffalo against any and all loss and
damage arising out of the construction, maintenance, use and removal of said
awning.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 40
Gateway Tunnel Feasibility Study Phase IV
Item No. 121, C.C.P. July 6, 1993
I hereby request permission from Your Honorable Body to authorize
the Commissioner of Public Works to enter into a contract with a consultant to
compile a report from information gathered in the Phase IV Study.
Funds for this project are available in Account #200-401-059 in an amount
not to exceed $25,000.00
Mr. Fahey moved:
That the communication from the Department of Public Works, dated
December 22, 1993, be received and filed; and
That the Commissioner of Public Works be, and he hereby is, authorized to
enter into a contract with a consultant to compile a report from information
gathered in the Phase IV Gateway Tunnel Feasibility Study. Funds are available
in Account #200-401-059 in an amount not to exceed $25,000.00.
PASSED.
AYES- 13 NOES- 0.
No. 41
Certificate of Appointment
Appointment effective 12/20/93 in the Department of Public Works
Division of Engineering, Michael Mulderig, 56 Eaglewood Ave., Buffalo, NY
14220, to the position of Laborer II, Permanent, at the Maximum starting salary
of $10.67/hr.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
No. 42
Certificate of Appointment
Appointment effective December 23, 1993 in the Department of Public
Works, Division of Water, Judy S. Banks, 462 Woodward, Avenue, Buffalo, 14214,
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 PARKS
No. 43
Assuring Funding for Least Toxic Alternatives
to Pesticide Use
Resolution # 166, C.C.P. 11/30/93
As you can see by the attached information, money for the cost
of pesticide removal was taken out of the salary line in the Forestry Division
(60-1-012) and transferred to the #583 line (60-1-012.) The $50,000.00 in
question is included in the #421 line (60-1-012) and, as you can see, the money
is still intact.
REFERRED TO THE COMMITTEE ON LEGISLATION, ENVIRONMENTAL MANAGEMENT COMMISSION
AND THE PEST MANAGEMENT BOARD.
FROM THE COMMISSIONER OF FIRE
No. 44
Trade-In Instant Recall, Recorder
The Buffalo Fire Department Communications Division has secured
bids for solid state instant recall recorders for the Dispatch Center at 332
Ellicott Street. The low bidder has proposed a trade-in of each of the old
recall units. They have allowed $73.50 for each unit. Request is hereby made
for your Honorable Body to approve the trade-in of these old units, so the bid
can be awarded. The Alarm Center has an urgent need for these replacement
recorders due to their condition. Supporting documents from the Division of
Purchase are included with this request.
Mr. Fahey moved:
That the communication from the Department of Fire, dated December 22,
1993, be received and filed; and
That the Commissioner of Fire be, and he hereby is, authorized to
trade-in the old instant recall recorders at a cost of $73.50 for each unit
toward the purchase of solid state instant recall recorders for the Dispatch
Center at 332 Ellicott Street.
PASSED.
AYES- 13 NOES- 0.
FROM THE CORPORATION COUNSEL
No. 45
Demolition of 1489 Fillmore Avenue (former G.E. Plant)
Item No. 065, C.C.P. 12/14/93]
Pursuant to Item # 65, C.C.P., December 14, 1993, Your Honorable
Body has requested a copy of the Consultant Report for 1489 Fillmore Avenue
(former G.E. Plant). Please be advised that Jack Eisenbach Engineering, P.C.,
the City's environmental consultant in this matter, has not yet submitted a
formal report. We shall forward any forthcoming reports to you as they are
received. However, with respect to the above Item, please refer to the
communication of the Department of Inspections and Community Revitalization,
specifically, the letter from Eisenbach together with attachments from ARSI
detailing the cost breakdown for the Change Order.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 46
Ownership History (Former G.E. Plant)
Your Honorable Body has requested a report from the Law Department
as to the complete ownership history of the above property.
Based upon records made available through the Department of Audit and
Control, Division of Real Estate and the Department of Assessment, the
following parties have held legal title to the property:
1. 1973 General Electric Corporation transferred fee title to Harold
Schectman and Neil Norry (a.k.a. Industrial Refining Corp., Cash for Scraps,
Inc. and 1495 Fillmore Avenue, Inc.) as tenants in common.
2. 1495 Fillmore Avenue, Inc. was the owner at the time of foreclosure
(Floyd D. Wilkinson, f/a 1495 Fillmore Avenue, Inc., n/k/s Cash for Scrap,
Inc.).
Please be advised, however, that a title search has been ordered to
ensure a complete and accurate ownership history of the property. We will
advise as to the contents of the search as soon as we are in receipt of same.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 47
Compromise Claim City vs Allstate
On October 15, 1990, Police Officer Johnnie A. Fritz and his partner
pulled over an automobile being operated by Timothy Maggio for hit and run and
alleged driving while intoxicated. As Officer Fritz was placing Mr. Maggio
under arrest the defendant slammed the car door on Officer Fritz's left hand
and attempted to drive away causing injury to the officer's left hand, elbow
and shoulder.
During the period of the officer's subsequent disability, the City paid
his wages as required under General Municipal Law Section 207 (c). In an
attempt to recover these costs the City filed a wage claim for $2,490.84 with
Allstate Insurance Company, the insurance carrier for Mr. Maggio.
Roger C. Scott, Esq., the attorney representing Officer Fritz, has
advised us that the Allstate policy limit is $10,000.00. Further, medical
reports indicate that the officer has a mild and partial disability of the left
shoulder which will persist on a permanent basis. As a result, Mr. Scott has
asked that we accept $1,500.00 in full settlement of our wage lien and has
forwarded an Allstate check for that amount. The remainder will go to Officer
Fritz for his injuries and any attorneys fees. In consideration of the above,
the Corporation Counsel respectfully requests that we accept this settlement.
Mr. Fahey moved:
That the communication from the Corporation Counsel, dated December 22,
1993, be received and filed; and
That the Corporation Counsel be, and he hereby is, authorized to accept
the settlement from Allstate Insurance Company of $1,500.00 in full settlement
of the wage lien of Officer Fritz.
PASSED.
AYES- 13 NOES- 0.
No. 48
Fire Boat Arbitration
PERB Case No. A-91-017
On October 15, 1993 Arbitrator James A. Gross issued a Supplemental
Award concerning the remedy in the above-referenced case. The award provides
that seven (7) individuals, listed below, receive the amount of $7,413 each,
for a total award of $51,891.
Salvatore S. Guadagna Frank E. Milazzo
10 Hertel Ave. Apt. 1006 843 Potomac Avenue
Buffalo, New York 14207 Buffalo, New York 14209
Hayward Hunter Franklin Schweitzer
77 Arden 174 Condon
Buffalo, New York 14215 Buffalo, New York 14207
Edward J. McMahon John Terech, Jr.
502 Linden Avenue 2 Ridgewood Drive
Buffalo, New York 14216 Orchard Park, New York 14127
Arnold J. Metzger
58 Navel
Buffalo, New York 14211
The subject award arose out of a dispute between the City of Buffalo and
the Buffalo Professional Firefighters Association, Local 282 concerning the
changing of work shift schedules of the employees previously assigned to the
Fire Boat Cotter. The period of time in question was between February 18, 1991
and March 16, 1992. Effective March 16, 1992, the fire boat was taken out of
service.
The Arbitrator in rendering his award, found that the Fire Department's
change in work shift schedules for these employees violated the terms of the
Collective Bargaining Agreement and that the City was obliged to make these
employees whole for their financial losses.
Given the fact that the period of time in which the subject damages were
incurred, namely the 1990-91 and the 1992-93 fiscal years, it is recommended
that payment be made under Judgments and Claims.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
No. 49
Certiorari Proceedings,
1993-94 Fiscal Year
Joseph Violanti
163-165 and 167-169 Broadway
This is to advise that the owner, Joseph Violanti, has instituted
certiorari proceedings on 163-165 and 167-169 Broadway, Buffalo, New York,
regarding the assessment for fiscal year 1993-94 (taxable status date December
1, 1992).
The assessment was reviewed by this Department and the owner expressed a
willingness to settle this proceeding.
The final assessment for fiscal year 1993-94 was $70,000 for 163-165
Broadway and $100,000 for 167-169 Broadway.
The owner is agreeable to a settlement which would result in a reduction
of $15,000 on 163-165 Broadway and a reduction of $25,000 on 167-169 Broadway.
Based on a review of the current market value of the property, I feel
this settlement would be in the best interest of the City. I recommend,
therefore, this settlement in which the Department of Law concurs.
The proposed settlement is subject to the approval of Your Honorable
Body.
I hereby request that the Law Department be authorized to settle the
1993-94 Certiorari Proceeding on 163-165 and 167-169 Broadway by reducing the
assessment on 163-165 Broadway from $70,000 to $55,000 and by reducing the
assessment on 167-169 Broadway from $100,000 to $75,000.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 50
Forgive Taxes 221 Linwood Avenue
Item No. 142, C.C.P., 11/30/93
You have requested an opinion with regard to the release of liability
for unpaid real property taxes in the amount of approximately $100,000 on 221
Linwood Avenue.
Section 47 of the Charter allows the Common Council to release liability
for unpaid taxes under certain conditions. The activity which would constitute
consideration for the release of the liability must be prospective in nature
and contingent upon such a release. Moreover, the activity must be one which
achieves a valid City purpose.
In my opinion, there would be a rational basis for a Council finding that
the prospective sale of 221 Linwood Avenue to Buffalo Teen Challenge is
contingent upon the tax liability release and that the sale achieves a valid
City purpose; that is, providing education, training and counselling programs
for teenagers. Your Honorable Body would be acting within your authority if
you release such tax liability under these limited circumstances.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 51
Project Agreements
(Item No. 146, C.C.P., November 30, 1993)
The referenced resolution proposes that the City of Buffalo adopt
a policy and practice of requiring project agreements in connection with City
construction projects. A project agreement would mandate certain labor
standards and minority participation requirements. This form of project
agreement would have far ranging legal and practical implications under
applicable New York law. The Law Department is in the process of reviewing
these matters in conjunction with the Department of Public Works.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 52
Waiver of Probation - Bart Sumbrum
(Item No. 153, C.C.P., December 14, 1993)
The Committee on Civil Service has asked for an opinion whether
the Buffalo Municipal Civil Service Commission ("Commission") has the ability
to waive the probationary period for firefighter Bart Sumbrum without the
approval of the Common Council.
Section 1 of Rule 17 of the Commission Rules provides that each
firefighter appointed shall serve a probationary term of not less than three
months nor more than twelve months before such appointment becomes permanent.
Section 1 of Rule 17 provides further that:
An appointment shall become permanent upon completion of the maximum
period of probation or upon earlier written notice following completion of the
minimum period of service that his probationary term is successfully completed.
A copy of such notice shall be sent to the Commission.
The Commissioner of Fire notified the Commission by letter that fourteen
probationary members of the department including Mr. Sumbrum had met the
minimum period of probation in an exceptional manner and that the remaining
probationary periods were waived. At a meeting of the Commission on December
22, 1993, the Commissioner of Fire reiterated that he had made a determination
that the fourteen probationary firefighters mentioned in his letter had
successfully served the minimum period of probation and that his letter was
notice of that determination and a request that the Commission change its
records accordingly.
The apparent effect of Rule 17 is that it is the appointing authority who
makes the determination whether a probationary employee may serve less than the
maximum probationary period. Under Rule 17 the probationary period is shortened
and the employee achieves permanent status upon the receipt by the Commission
of notice that the minimum probationary term was successfully completed. The
Commission appears to have received that notice by virtue of receiving the
Commissioner's letter and hearing his oral statement to the Commission to the
same effect.
Under Rule 17 therefore, it is not within the discretion of the
Commission to grant or to decline to grant, or to refuse to approve waivers of
the probationary term, rather such matters are solely within the discretion and
prerogative of the appointing authority who in this case is the Commissioner of
Fire.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
No. 53
Erie Basin Marina Lease
In connection with the Erie Basis Marina, the City of Buffalo
and Aud Club, Inc. are parties to a lease agreement entered into as of March
1,1986 ("Original Lease"). The Original Lease, with an initial term of 5 years,
is subject to an extension agreement entered into on November 5, 1991 which
extended the term for the first of two three year extension periods
contemplated by section 2 of the Original Lease. By letter of October 29,1993
from the Aud Club, Inc. to City of Buffalo, the Aud Club, Inc. expressed its
intention to exercise its option under section 2 of the Original Lease for an
additional three year extension.
Pursuant to section 2 of the Original Lease, this letter shall serve as
the response by the City of Buffalo as required thereunder. The City of Buffalo
intends to review and consider the proposed extension but does not at this time
agree to the extension. For the purpose of reviewing the matter, Council Member
James Pitts, who is the chairman of the Common Council's Erie Basin Marina
Committee, intends to hold additional meetings of the Committee to consider and
discuss relevant issues and possible changes to the terms and conditions. The
continued attendance of your representatives at these meetings is invited and
encouraged.
RECEIVED AND FILED.
FROM THE COMMISSIONER OF COMMUNITY DEVELOPMENT
No. 54
266 Bryant Inc. - Request to Convert A Retail Store Into A Coffee House At 427
Elmwood Ave.
Item No. 98, C.C.P., December 14, 1993
Attached for your information is the Short Environmental Assessment
Form for the matter captioned above.
Mr. Fahey moved :
That the communication from the Commissioner of Community Development,
dated December 21, 1993, be received and filed; and
That "266 Bryant Inc. - Request to convert a retail store into a coffee
house at 427 Elmwood Avenue" is an unlisted action as defined in 6 NYCRR Part
617.2. The Common Council has approval power over this item, and is therefore
an involved agency as defined in 617.2. As part of an uncoordinated review,
the Common Council has evaluated an Environmental Assessment Form (EAF) on this
item which has been completed by the applicant (Part I) 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. 55
Change Order No.
Patterson-Stevens, Inc.
Broadway Market Parking Ramp
On June 3, 1993 the City of Buffalo entered into contract with
Patterson-Stevens, Inc. of 400 Sawyer Avenue, Tonawanda, New York, for concrete
and deck repairs to the third parking level at the Broadway Market Parking
Ramp.
This contract #91700500 in the amount of $114,020 is completed and the
work has been accepted by our Engineers.
However, shortly after the commencement of work, the Contractor and our
Engineers disagreed on the interpretation of the specifications pertaining to
compensation for concrete repairs vs. deck repairs. On September 3, 1993 the
Contractor notified our department that he would complete all work remaining in
his contract under protest subject to arbitration upon completion of the
contract. Accordingly, on November 18, 1993 I formed an independent
arbitration panel agreeable to both parties consisting of:
Robert O'Hara, Commissioner of Public Works
Tom Gallagher, Director of Parking
Rodney Conrad, Executive Assist., Bd. of Education
The arbitration meeting was held on December 6, 1993; whereas the
Contractor and our Engineers presented their interpretations of the
specifications.
On December 13, 1993 the arbitration panel concluded that the Contractor
was entitled to additional compensation, and subsequently recommended an award
to the Patterson-Stevens Company in the amount of $21,240.00.
Accordingly, I request permission to issue Change Order #1 in the amount
of $21,240.00.
Funds are available in our Bond Account # 200-717-015.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 56
Remonstrance Against the Rezoning of 9-13 Toledo Place and 1412 to 1418 Kenmore
Ave,
Item No. 81, C.C.P., November 30, 1993
The City Planning division reviewed the remonstrance submitted
by Mrs. Marsha Mis pursuant to section 511-126 of the Buffalo Code, Amendments
to the Zoning Ordinance, and finds that it is a valid remonstrance.
Section 511-126 of the Buffalo Code states that when 20% or more of the
owners of land directly opposite to and extending 100 feet from the street
frontage of such opposing land object to a proposed rezoning the remonstrance
is valid. In this instance the area described above is approximately 21,500
square feet. Within that area the owners of 17,327.5 square feet of property or
81% object to the proposed rezoning.
With this valid remonstrance the proposed rezoning will require a three
fourths (3/4) vote of the Council.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 57
Outstanding Land Disposition Agreements
Item #148. C.C.P. November 3, 1993
As requested, attached please find a status report on outstanding
LDA's. If additional information is required, please advise.
REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT.
No. 58
New Buffalo Industrial Park Approval of LDA-Edward J. Berger 2.42 Acre Portion
of Disposition Parcel #2
The City of Buffalo Urban Renewal Agency duly designated Edward
J. Berger and/or joint venture, partnership, corporation or other legal entity
to be formed as the qualified and eligible Redeveloper for the subject parcel.
The Agency has also determined that the proposed Land Disposition
Agreement negotiated by the Agency and the Redeveloper is satisfactory.
Please be advised that in accordance with the provisions of Article 15A
of the General Municipal Law, it is now necessary for Your Honorable Body to
set a date for a public hearing, and to direct the publication of a notice of
said hearing. In the interest of time and anticipating that Your Honorable
Body is willing to expedite this matter, I have taken the liberty to prepare a
Resolution together with a Notice of Public Hearing for your action.
Forwarded herewith are the following documents:
1. Resolution setting Public Hearing
2. Notice of Public Hearing
3. Resolution approving proposed Land Disposition
Agreement
4. Proposed Land Disposition Agreement
After the Public Hearing is held, Your Honorable Body may adopt a
Resolution authorizing the disposition of the land to the Redeveloper, which
the Agency has designated as being qualified and eligible.
REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT.
No. 59
Oak Street Redevelopment Project NYR-197
Disposition Parcel 2I N/W/Corner E. North and Michigan Avenue - Approval of LDA
Trammell Associates/
MHT Holdings I, L.P.
The City of Buffalo Urban Renewal-Agency duly designated Trammell
Associates/MHT Holdings I, L.P., and/or joint venture, partnership, corporation
or other legal entity to be formed as the qualified and eligible Redeveloper
for the subject parcel.
The Agency has also determined that the proposed Land Disposition
Agreement negotiated by the Agency and the Redeveloper is satisfactory.
Please be advised that in accordance with the provisions of Article 15A
of the General Municipal Law, it is now necessary for Your Honorable Body to
set a date for a public hearing, and to direct the publication of a notice of
said hearing. In the interest of time and anticipating that Your Honorable
Body is willing to expedite this matter, I have taken the liberty to prepare a
Resolution together with a Notice of Public Hearing for your action.
Forwarded herewith are the following documents:
1. Resolution setting Public Hearing
2. Notice of Public Hearing
3. Resolution approving proposed Land Disposition
Agreement
4. Proposed Land Disposition Agreement
After the Public Hearing is held, Your Honorable Body may adopt a
Resolution authorizing the disposition of the land to the Redeveloper, which
the Agency has designated as being qualified and eligible.
REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT.
No. 60
Waterfront Redev. Proj. Urban Ren. Plan,
Major Plan Amend. to Portions of Disposition Parcels
19 & 20 of Waterfront Area A, (2.46 acres)
The parcels of land within the "Area A" portion of the Waterfront
Urban Renewal Plan area, commonly referred to as the "Waterfront Village",
presently have no specific land use designation. In that plan area designated
"Area A", any one of the following uses is permitted on any development parcel:
Land Use Acreage Percent
1. Residential 28 Ac. 40%
2. Commercial/Mixed Use 16 Ac. 23%
3. Public Park/Walkway 14 Ac. 20%
4. Street Right-of-Way 7 Ac. 10%
5. Small Boat Marina 5 Ac. 7%
Total: 70 Ac. 100%
The original "Area A" amendment recommended a breakdown of land use
percentages that would be used to guide the mix of development from the
project's inception to the build-out phase. Currently, there is approximately
8% of the Area A land used as "public park/walkway", which is less than half of
what was proposed in the 1975 "Area A" amendment. Although there are several
vacant parcels remaining that could be used for public park land, the
Department of Community Development feels that portions of disposition parcels
19 and 20 are ideally situated as a potential park due to the fact that this
land provides a direct link from a public right-of-way all the way to the
water's edge.
Since past attempts to dispose of this land for residential development
have been unsuccessful, the Department has reevaluated the various development
alternatives and concluded that it would be in the best interest of the City to
reserve this parcel for openspace/greenspace. The Department of Community
Development proposes to specifically designate the future use of this parcel as
"public park/walkway". A simple landscaping plan, which will include the
planting of grass and limited shrubbery, will be implemented during the Spring
of 1994. In the near future, a more elaborate plan will be developed which may
include a connection to the existing walkway/bikepath.
It is strongly felt that the reservation of this land for public use will
be an amenity that will ensure that all city residents have an opportunity to
enjoy the unique beauty of our waterfront long into the future.
Upon receiving the recommendation of the City Planning Board, it is
respectfully requested that your Honorable Body act on the amendment of the
Plan by conducting a public hearing and by adopting the appropriate resolution.
REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT.
FROM THE COMMISSIONER OF STREETS
No. 61
Taxi Stands Main-Chippewa/Washington
Item # 57, C.C.P. December 14, 1993
This is to advise your Honorable Body that I have no objections
to an ordinance amendment to Section 437-19 of Chapter 437 of the City of
Buffalo ordinances providing our snow plowing operations are not impeded by
adding the proposed Taxi stands at Chippewa/Washington & Main.
REFERRED TO THE COMMITTEE ON LEGISLATION.
FROM THE COMMISSIONER OF INSPECTIONS AND COMMUNITY REVITALIZATION
No. 62
Fillmore, Kehr, Winslow Block Club
Immediate Demolition of 426 Winslow
Item No. 78, C.C.P. 11/30/93
Please be advised a court summons was served on the owner of the
above subject property, Mr. Willie Fields Jr. on December 7, 1993 by Officer
Patrick Murphy of this Division.
A court date has been scheduled for December 17, 1993. We trust this
will satisfy your inquiry. Should you have any questions please feel free to
contact me.
RECEIVED AND FILED.
No. 63
Report of Emergency Bids for Demolition
522 Carlton & 187 Waverly
Due to the very serious and hazardous Condition of the buildings
listed below, inspections were conducted by this department and it was
determined that immediate demolition was necessary due to (1) the Structural
condition of the buildings and/or (2) the resulting dangerous and hazardous
condition which exists at these locations, i.e., in accordance with guidelines
outlined in Chapter 113 of the Ordinances of the City of Buffalo. Please be
advised, therefore, that offers to demolish were solicited on December 16, 1993
and that the contract will be awarded to the following responsible bidder:
ADDRESS/OWNER CONTRACTOR AMOUNT OF BID
522 Carlton and Garage Integrated Waste Special Services
City of Buffalo $7,110.00
187 Waverly Youngs Auto and House Wrecking
City of Buffalo $6,700.00
Please be further advised that the sewer and water services will be
terminated by the demolition contractor and this cost is included in the cost
of the project.
We, therefore, respectfully report to your Honorable Body that the cost
of the projects is to be Charged to the Capital Projects Fund
#200-241-002-00000.
Mr. Fahey moved:
That the communication from the Department of Inspections and Community
Revitalization, dated December 16, 1993, be received and filed; and
That the award by the Commissioner of Inspections and Community
Revitalization of an emergency demolition contract to Integrated Waste Special
Services at a cost of $7,110.00, relating to 522 Carlton and Garage, to Youngs
Auto and House Wrecking at a cost of $6,700.00, relating to 187 Waverly, are
hereby confirmed, ratified and approved, with said cost to be charged against
Capital Projects Fund #200-241-002-00000.
PASSED.
AYES- 13 NOES- 0.
No. 64
Report of Emergency Bid 135 Krupp
Please be advised that a communication dated 12-2-93 was delivered
to the Division of Housing and Property Inspections from Assistant Corporation
Counsel Peter F. Comerford. The content of this communication advised our
Division to re-submit item #113 dated 11-16-93 for further review by your
honorable body. This action is being taken to afford the owner of 135 Krupp
Street the opportunity to address the Common Council with her concerns. At
approximately 9:45 P.M. on April 29, 1993: 135 Krupp Street was declared an
emergency situation by Deputy Fire Commissioner Paul Kurzdorfer. The fire that
was being worked by the Fire Department was the result of a gas explosion.
Representatives of the Department of Inspections and Community Revitalization
were summoned to the scene. Deputy Fire Commissioner Paul Kurzdorfer had
ordered the immediate demolition of the subject property. Three contractors
were called to provide equipment and manpower to the scene to assist the Fire
Department in bringing this situation under control. The contractors contacted
by our office were Integrated Waste Special Services, Great Lakes Dismantling
and Lebis Enterprises. All contractors were informed that the situation was
serious and that their machinery had to be on the site immediately. Of the
three contractors only Lebis Enterprises could provide the services needed It
was agreed upon at the site that this would be a "time/material job".
Lebis Enterprises worked along with the Fire Department until
approximately 5:00 A.M. on April 30, 1993. The next morning a representative
of Lebis Enterprises met with representatives of the Division of Housing and
Property Inspections. The New York State Asbestos Control Bureau was notified
as to the emergency nature of this job and action to be taken. According to
documentation supplied by Lebis Enterprises it took five (5) additional work
days to complete this project.
The next action on this project was the submission of a bill from the
contractor in the amount of $3,010.94 for services rendered. A communication
dated June 9, 1993 from Ms. Pamela Neubeck was sent to the representatives of
the Mayor's Task Force on Housing with the Division of Housing and Property
Inspections. It was requested in this letter that if any meetings were held
with Lebis Enterprises that she, the owner of the property- wished to be
represented.
A letter was sent to the owners attorney dated July 23, 1993 by a
representative of the Corporation Counsel's Office. A meeting was scheduled
for July 29, 1993 in the office of the Corporation Counsel. An open discussion
was held at this meeting. Methods and procedures used on this project both by
the City and the contractor were discussed. As a result of this meeting a
letter dated July 30, 1993 from the owner's attorney was delivered to the
office of the Corporation Counsel requesting an explanation of the bill
submitted to the City by the contractor. A letter dated September 16, 1993 to
the owners attorney from the Corporation Counsel's Office was sent explaining
the inquiries on the line items. A communication dated September 23, 1993 was
sent to Lebis Enterprises from our department outlining what was considered a
reasonable cost for this job - $25,948.00 (which includes the sewer and water
terminations). A letter dated September 29, 1993 from Lebis Enterprises to our
department was submitted accepting these findings.
We, therefore, respectfully request that upon approval by your honorable
body and inspections made by this department, that the cost of the project be
charged to the Special Assessment Fund #500-000-002-00000 and that said cost
shall be collected against the owner or person in possession benefitted, under
the provision of Chapter 113 of the Ordinances.
Mr. Fahey moved:
That the communication from the Department of Inspections and Community
Revitalization, dated December 13, 1993, be received and filed; and
That the award by the Commissioner of Inspections and Community
Revitalization of an emergency demolition contract to Lebis Enterprises at a
cost of $25,948.00, relating to 135 Krupp, is hereby confirmed, ratified and
approved, with said cost to be charged against the Special Assessment Fund
#500-000-002-00000.
PASSED.
AYES- 13 NOES- 0.
No. 65
Walden Park Intergenerational New Housing Project Approval of Land Disposition
Agreement Hoobies Housing, Inc.
The City of Buffalo Urban Renewal Agency duly designated Hoobies
Housing, Inc., and/or a joint venture, partnership, corporation or other legal
entity to be formed as the qualified and eligible Redeveloper for the subject
Project.
Please be advised that in accordance with the provision of Article 15A of
the General Municipal Law, it is now necessary for Your Honorable Body to set a
date for a public hearing, and to direct the publication of a notice of said
hearing. In the interest of time and anticipating that Your Honorable Body is
willing to expedite this matter, I have taken the liberty to prepare a
Resolution together with a Notice of Public Hearing for your action.
Forwarded herewith are the following documents:
1. Notice of Public Hearing
2. Resolution approving proposed Land Disposition
Agreement
3. Proposed Land Disposition Agreement
After the Public Hearing is held, your Honorable Body may adopt a
resolution authorizing the disposition of the land to the Redeveloper, which
the Agency has designated as being qualified and eligible.
LAID ON THE TABLE.
FROM THE COMMISSIONER OF ADMINISTRATION AND FINANCE
No. 66
Collection of Arrears and Associated Fees-
Item No. 162 & 163, CCP 12-14-93
The Commissioner of Administration and Finance is currently on
vacation and stated that recommendations or comments on matters such as these
would better be left for the new administration.
RECEIVED AND FILED.
No. 67
Appt. Motor Equip. Maint Superv. I (Max)
Item No. 62, CCP 12-14-93
The above referenced item relates to the appointment of an individual
at the top step of a title.
The recommendation to appoint Mr. Kalis at the top step of the salary
range for Motor Equipment Maintenance Supervisor I is based on paragraphs 4.
1(D) and 4.5 of the Collective Bargaining Agreement for local 264.
Paragraph 4. 1(D) reads in part, "An employee whose original date of hire
was prior to July 1, 1983 and is subsequently promoted or changes job titles
will fall under the old three (3) step salary schedule." Paragraph 4.5 reads in
part, "If the beginning step in the higher salary grade is less than a $250
increase, the employee shall receive the lowest increment in the higher job
grade that represents at least a $250 increase."
Mr. Kalis' original date of hire was 8/12/71 and "...the lowest increment
in the higher job grade that represents at least a $250 increase." is $27,500.
Note: Mr. Kalis' salary as a Motor Equipment Mechanic is $26,700 and the
old three (3) step range for Motor Equipment Maintenance Supervisor I is
$24,103---$25,801---$27,500.
RECEIVED AND FILED.
No. 68
Addendum to the Memorandum of Agreement Between The City of Buffalo and
Teamsters Local 264, Pipecaulkers and Compressorman's Unit
July 1, 1993 through June 30, 1995
Item No. 79, C.C.P. 10/05/93
Attached please find an Addendum to the Memorandum of Agreement
between the City of Buffalo and Teamsters Local 264, Pipecaulkers and
Compressorman's Unit, concerning the payment of acting time. This item was
omitted in error from the above-referenced Memorandum of Agreement approved by
your Honorable Body on October 5, 1993.
Your approval of this Addendum is respectfully requested.
Mr. Fahey moved:
That the communication from the Department of Administration and Finance,
dated December 15, 1993, be received and filed; and
That the Addendum to the Memorandum of Agreement between the City of
Buffalo and Teamsters Local 264, Pipecaulkers and Compressorman's Unit,
concerning the payment of acting time, omitted in error from their Agreement
approved October 5, 1993, be approved and ratified.
PASSED.
AYES- 13 NOES- 0.
FROM THE COMMISSIONER OF HUMAN RESOURCES
No. 69
Certificate of Appointment
Appointment effective December 20, 1993 in the Department of Human
Resources, Division of Substance Abuse Services, Ida Seagar, 92 Tennesee,
Buffalo 14204, to the position of Account Clerk-Typist, Permanent, at the
Intermediate starting salary of $21,275.00.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
No. 70
Certificate of Appointment
Appointment effective December 10, 1993 in the Department of Human
Resources, Division of Substance Abuse Services, Donald L. Sherry, 23 John Paul
Court, Buffalo 14206, to the position of Senior Counselor I - Clinical,
Permanent, at the Maximum starting salary of $32,396.00.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
FROM THE BUFFALO SEWER AUTHORITY
No. 71
Anderson Place Sewers
#150 C.C.P., November 30, 1993
After televising and dye testing all sewer vents on Anderson Place
(southside) between Norwood and Ashland, we found #59 Anderson is connected to
the Norwood main sewer approximately 94 feet from the manhole at Southeast
corner of Anderson and Norwood.
The laterals from #61, #63, #65 Anderson are commonly connected to the
short extension on the east end of Anderson Street sewer.
The problem #59 Anderson is experiencing is being caused by some large
trees directly over #59 Anderson's lateral. The Buffalo Sewer Authority is only
responsible for the main sewer.
Attached is a rough drawing of what we found.
RECEIVED AND FILED.
No. 72
Hazardous Condition
Chadduck Avenue Skillen Street between
Ontario & Military Road
I assigned a vactor and Receiver Crew to flush and clean all main
sewers and receivers in the areas mentioned above. The main sewers and
receivers were flushed and cleaned by 12/2/93. According to their cleaning
reports, there were no obstructions encountered and all the receivers and
sewers were functioning properly.
All the receivers and catch basins in this area are structurally sound
and in operating condition.
RECEIVED AND FILED.
FROM THE BUFFALO MUNICIPAL HOUSING AUTHORITY
No. 73
Approval of Memorandum of Agreement
Between BMHA and Local 71, International Union of Operating Engineers
(I.U.O.E.)
We respectfully request that your Honorable Body consider and
approve the attached Memorandum of Agreement between the Buffalo Municipal
Housing Authority and Local 71, I.U.O.E. representing Stationary Engineering
employees of this Authority.
The Memorandum of Agreement amends the existing contract between the
parties and provides a successor Agreement for the period July 1, 1992 through
June 30, 1995. Acceptance of the Contract was reached after a prolonged period
of negotiations between the parties.
Terms of the Agreement is within the parameters of three other Buffalo
Municipal Housing Authority labor agreements representing Local 264 Blue
Collar, White Collar and Managerial Unit employees as well as the City of
Buffalo's labor agreements representing City Blue Collar and White Collar Unit
employees.
The Agreement reflects a zero increase in salary effective July 1, 1992,
a 4% (four percent) increase in base salary effective July 1, 1993, a 5% (five
percent) increase in base salary effective July 1, 1994, and an amended
longevity schedule which is identical to the schedule approved for
approximately 338 BMHA employees and City Blue Collar & White Collar Unit
employees.
The Board of Commissioners of the Authority approved the attached
Memorandum of Agreement at their regular Board Meeting of December 16, 1993. A
certified extract of the minutes of this meeting is attached.
In addition to the wage and longevity adjustments listed above, the
following is a brief outline of the highlights of the Agreement presently
before you for your consideration.
Medical Insurance - Change current Blue Cross insurance and Prescription Plan
to Blue Cross Select Care, BCMM7 (major medical) and $1/$5 co-pay prescription
plan.
Dental Insurance - Change current GHI Spectrum 2000 to GHI Spectrum Plus.
Safety Shoes and Work Clothing - Employees will be issued $100 per year for the
term of this agreement for safety shoes and work clothing.
Sick Leave Bonus - Issue one day's pay to employees with perfect attendance for
each six-month period.
Sick Leave Buy Back - Change maximum number of days payment at retirement to 60
days.
If this Memorandum of Agreement, including the salary and longevity
schedules are approved by your Honorable Body, and the Mayor, they must then be
submitted to the U.S. Department of Housing and Urban Development and the New
York State Division of Housing and Community Renewal for their consideration
and concurrence.
The New York State Division of Housing and Community Renewal requires
that your approval of these items include a specific acknowledgement that the
operating costs of the Authority in its State sponsored Public Housing Program
may be increased and if this increase does occur, it would likewise increase
the operating deficit in the Authority's State sponsored operation. The City
of Buffalo under the loan and subsidy contract must fund this deficit and any
increase in it if it should occur.
It is anticipated that the dollar cost of this Agreement and salary and
longevity schedule for 39 BMHA employees would total approximately $170,000 for
three years. The share of this cost to the City for the three year agreement
will total approximately $36,165.
Thank you for your consideration in this matter.
Mr. Fahey moved:
That the communication from the Buffalo Municipal Housing Authority,
dated December 20, 1993, be received and filed; and
That the Memorandum of Agreement between the Buffalo Municipal Housing
Authority and Local 71, I.U.O.E., representing Stationary Engineering
employees, for the contract period July 1, 1992 through June 30, 1995 be
approved and ratified.
PASSED.
AYES- 13 NOES- 0.
FROM THE CITY CLERK
No. 74
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 - Peter Janora
RECEIVED AND FILED.
No. 75
Liquor License Applications
Attached hereto are communications from persons applying for liquor
licenses from the Erie County Alcohol Beverage Control Board.
Address Business Name Owner's Name
Port-o-Call Port-o-Call Inc.
2090 Genesee Mexican Joe's II Donald Denzel
RECEIVED AND FILED.
No. 76
Leaves of Absence Without Pay
I transmit herewith notifications received by me, reporting the
granting of the leaves of absence without pay, in the various departments as
listed:
Comptroller- Karen Marshall
Public Works- Ida Seager, Michael Mulderig, Holly McNamara,
Jetson Bryant
Human Resources-Geraldine Kozlowski
RECEIVED AND FILED.
No. 77
Reports of Attendance
I transmit herewith communications received by me, from the various
boards, commissions, agencies and authorities reporting the membership
attendance at their respective meetings:
Board of Ethics
City Planning Board
Youth Board
RECEIVED AND FILED.
No. 78
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 December 20,1993 in the Department of Common
Council, Russell C. Payne, 208 Commonwealth, Buffalo, NY 14216, to the position
of Intern V, Seasonal, at the Flat starting salary of $8.00/hr.
No. 79
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 PUBLIC WORKS
Appointment effective December 23, 1993 in the Department of Public
Works, Division of Buildings, Mary E. O'Brien 159 Harding Road, Buffalo 14220,
to the position of Laborer l, Temporary, at the Minimum starting salary of $
8.59.
Appointment effective 12/13/93 in the Department of Public Works,
Division of Engineering, Loretta Rose, 49 Shoreham, Buffalo, NY 14216, to the
position of Account Clerk Typist, Temporary, at the Minimum starting salary of
$ 20,120.
Appointment effective December 13, 1993 in the Department of Public
Works, Division of Water, Susan M. Faulise, 94 Sterling Avenue, Buffalo, 14216,
to the position of Account Clerk-Typist, Temporary, at the Minimum starting
salary of $20,120.
Appointment effective December 13, 1993 in the Department of Public
Works, Division of Buildings, Carl J. Yost, 3 Tennessee Street, Buffalo 14204,
to the position of Plumber, Provisional, at the Minimum starting salary of
$22,586.
Appointment effective December 20, 1993 in the Department of Public
Works, Division of Buildings, Neil M. Regan, 102 Gorton Street, Buffalo 14207,
to the position of Steamfitter, Temporary, at the Minimum starting salary of $
22,586.
DEPARTMENT OF PARKS
Appointment effective December 22, 1993 in the Department of Parks,
John Fischer, 127 Densmore, Buffalo 14220, to the position of Laborer II,
Permanent, at the Minimum starting salary of $9.38 hr.
DEPARTMENT OF POLICE
Appointment effective December 16, 1993 in the Department of Police,
Kelly C Derfert, 61 Pontiac Street, Buffalo 14206, to the position of Laborer
I, Seasonal, at the Minimum starting salary of $6.24 hr.
DEPARTMENT OF FIRE
Appointment effective 12/22/93 in the Department of Fire, Michael
E. Harig, 41 Salem Street, Buffalo, NY 14220, to the position of Communication
Specialist, Provisional, at the starting salary of $23,506.00.
Appointment effective 12/17/93 in the Department of Fire, Joseph Romano,
293 North Park Avenue, Buffalo, New York 14216, to the position of Assistant
Fire Alarm Dispatcher, Contingent Permanent, at the Maximum starting salary of
$40,531.
DEPARTMENT OF STREET SANITATION
Appointment effective December 21, 1993 in the Department of Street
Sanitation, Ziby F. Patrizi, 12 Euclid, Buffalo, New York 14210, to the
position of Laborer II, Seasonal, at the Flat starting salary of $ 6.92 hr.
Appointment effective December 20, 1993 in the Department of Street
Sanitation, to the position of Laborer, Seasonal, at the Flat starting salary
of $6.92 hr.
Jason A. Canonico, 132 Abbott Road, Buffalo, N.Y. 14220
Robert J. Hughes, 30 Whitfield Avenue, Buffalo, N.Y. 14220
Daniel E. Wilson, 147 Harding Road, Buffalo, N.Y. 14220
DEPARTMENT OF ADMINISTRATION & FINANCE
Appointment effective December 13, 1993 in the Department of
Administration
and Finance, Division of Parking Enforcement, Ramona L. Draffin, 133 Park
Street, Buffalo, 14201, to the position of Clerk, Seasonal, at the Flat
starting salary of $5.20 hr.
DEPARTMENT OF HUMAN RESOURCES
Appointment effective December 10, 1993 in the Department of Human
Resources, Division of Youth, to the position of Attendant, Temporary, at the
Flat starting salary of $4.42/hr.
Hattie Adams, 475 Winslow, Buffalo 14211
Dennis Chapman, 37 Heward, Buffalo 14207
Dionza Cunningham, 378 Cambridge, Buffalo 14215
Marcus Turner, 183 Goulding, Buffalo 14208
Delane Chavers, 42 Rich, Buffalo 14211
Mario Benitez, 216 Southside, Buffalo 14220
Vanessa Harris, 56 Schauf, Buffalo 14211
Cathleen Lasky, 91 Eaglewood, Buffalo 14220
Janet Wilkie, 105 Clare, Buffalo 14210
Appointment effective December 14, 1993 in the Department of Human
Resources, Division of Youth, to the position of Attendant Temporary, at the
Flat starting salary of $4.42/hr.
Timothy Diggins, 25 Dundee, Buffalo 14220
Angela Gajewski, 223 Ashley, Buffalo 14212
Judith Ramirez, 1428 Broadway, Buffalo 14212
Appointment effective December 15, 1993 in the Department of Human
Resources, Division of Youth, to the position of Attendant Temporary, at the
Flat starting salary of $4.42/hr.
Anthony Butera, 248 Paramount, Buffalo 14223
Anna LoVullo, 248 Paramount, Buffalo 14223
Todd Simmons, 47 Butler, Buffalo 14208
Benjamin Smith, 401 Delaware, Buffalo 14202
Mary Howell, 378 Plymouth, Buffalo 14213
Jean C. Panzarella, 24 15th St., Buffalo 14213
Ann Marie Nicometi, 89 Hoyt, Buffalo 14213
Carmen Pace, 328 Grant, Buffalo 14213
Kendell Burwell, 273 Rodney Apt.1, Buffalo 14214
Nathaniel Gainey, 128 Longview, Buffalo 14211
Khristian Foglia, 32 Lafayette, Buffalo 14213
Appointment effective December 21, 1993 in the Department of Human
Resources, Division of Youth, to the position of Attendant Temporary, at the
Flat Starting Salary of $4.42/hr.
William Biscotto, 868 West, Buffalo 14213
Johnny Grayson, 51 Langfield, Buffalo 14215
Michael Calandra, 282 Sterling, Buffalo 14216
Joseph Digaetano, 49 Belmont, Buffalo 14207
Maryann Grunzweig, 301 Esser, Buffalo 14207
Frank Licata, 173 Claremont, Buffalo 14222
Joseph Zon, 129 Military, Buffalo 14207
Beverly Semenow, 2004 Bailey, Buffalo 14211
Len Tatum, 1365 Michigan, Buffalo 14209
Appointment effective December 10, 1993 in the Department of Human
Resources, Division of Youth, Christopher Lasky, 91 Eaglewood, Buffalo 14220,
to the position of Supervisor, Temporary, at the Flat starting salary of
$5.20/hr.
Appointment effective December 14, 1993 in the Department of Human
Resources, Division of Youth, Kelly Stenham, 129 Claremont Buffalo 14222, to
the position of Lifeguard, Seasonal, at the Flat starting salary of $5.20/hr.
Appointment effective December 15,1993 in the Department of Human
Resources, Division of Youth, to the position of Supervisor, Temporary, at the
Flat starting salary of $ 5.20/hr.
Jean T. Panzarella, 24 15th St., Buffalo 14213
Cliffie Turner, 109 Pembroke, Buffalo 14215
Appointment effective December 20, 1993 in the Department of Human
Resources, Division of Youth, Antoinette Schrader 899 Prospect Avenue, Buffalo,
14213, to the position of Community Aide, Temporary, at the Flat starting
salary of $5.46 hr.
Appointment effective December 21, 1993 in the Department of Human
Resources, Division of Youth, to the position of Supervisor, Temporary, at the
Flat starting salary of $5.20/hr.
Joan Stempkowski, 104 Koons, Buffalo 14212
Eileen Saporito, 106 Eckhert, Buffalo 14207
Vera Poster, 804 Humboldt, Buffalo 14211
Appointment effective December 27, 1993 in the Department of Human
Resources, Division of Substance Abuse Services, Christa Hodge, 101 Frontenac,
Buffalo 14216, to the position of Substance Abuse Specialist, Permanent, at the
Minimum starting salary of $22,199.00.
NON-OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES
NON-OFFICIAL COMMUNICATIONS
No. 80
BIKE-WNY
Bicycle Planning for the City of Buffalo.
The Executive Committee of BIKE-WNY, Bicyclists Intent on Kinder
Environments of Western New York wish to express our support for the above
named resolution introduced by Mr. Fahey and passed by the Common Council.
Our organization has been urging this measure for several years. We
represent bicyclist who both commute by bicycle regularly and who use the
bicycle for fitness and recreation, both within and outside the city of
Buffalo.
As regular bicyclists, we are well aware of the many problems and
pitfalls, barriers and dangers faced by cyclists on the streets of Buffalo. As
advocates for bicyclists, we are aware of the rights and responsibilities of
bicycle drivers and we are also aware of the responsibilities of the City of
Buffalo to make provision for the safety of all transportation users, including
bicyclists and pedestrians.
As users of the same streets and roadways as cars, trucks and buses and
as regular participants of NFTC Bicycle Sub-Committee meetings and reviewers of
planning documents by various municipalities, we are well aware of the fact
that most highway engineers, designers and planners are not routinely trained
to design for the specific requirements of pedestrians and bicyclists. Because
of this, mistakes are common and risks are often not identified until accidents
happen. However, we know that because of this lack of training, it is often
easier to do nothing to provide safe conditions on the roadways for bicyclists
and pedestrians, with the added risk of law suits brought by those who suffer
as a result of negligence and a failure to provide for the needs of all users
of highway and recreational facilities. More and more court settlements tend to
favor excluded users of the roadways whose needs are not being provided for and
met. Bicycles and pedestrians are here to stay and our needs must be provided
for by competent, well informed and trained professionals with "hands-on
experience."
We request that you file these comments for the next common council
meeting when this resolution will be on the agenda.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE COMMISSIONER OF PUBLIC WORKS THE
COMMISSIONER OF PARKS AND THE COMMISSIONER OF STREET SANITATION.
No. 81
CITY CENTRE PROJECT
Construction Loan to Construct Parking Structure
The purpose of this communication is to request your honorable
body to give favorable consideration to approving a $925,000 construction loan
to enable my client, City Centre, to proceed immediately with the construction
of 130 car, two-level parking structure on the northeast corner of Chippewa and
Pearl Streets. As you know, the Phase I portion, which consisted of the
complete rehabilitation of the former Nemmer Building into four floors of
commercial space and twelve floors of luxury condominium units, is now
approximately 90% complete. Twenty-six of the forty residential condominium
units are sold with five owners having closed and the balance of the sold units
under contract to close. As the tenant finishings in the units are completed
closings are scheduled.
One of the most important ingredients in the success thus far of this
project is the assurance that City Centre gave to condominium purchasers that
protected parking would be provided for each of the residential tenants. City
Centre is ready to move forward with Phase II of the project which involves the
construction of this parking facility, 60 spaces of which will be used to
satisfy City Centre's obligations to its residential condominium owners. The
additional parking spaces would be available to provide an inducement to
out-of-the-city office tenants who are considering relocation to the additional
office building City Centre would like to construct on the Main Street corner
of Chippewa as well as be available to service needs of the public in
connection with the Theatre District and the Market Arcade and other
City-sponsored projects in this area.
The proposed source of funding for the construction loan of $925,00 would
be a portion of the $1.5 million in early repayment funds received by the City
from the sale of the Convention Center parking ramp. The proposed terms of the
loan agreement are as follows:
PRINCIPAL AMOUNT: $925,000 advanced in three construction draws - $300,000 on
commencement of construction, $300,000 on delivery of Spancrete panels to the
site and $325,000 upon substantial completion of the erection of the structure.
INTEREST RATE: Prime + 1.5%
TERM: Maximum of 18 months.
Permanent financing will be provided by the M&T Bank.
The security for the construction loan would be created by conveyance of
fee title to the City of the air rights for the second level of the parking
structure which would result in the City owning the entire second level of the
parking ramp. Upon completion of construction, City Centre would have flee
option of leasing from the City the 70 spaces on the second level for $1.00 for
a one-year period with an option to buy the 70 spaces for the principal amount
of the loan of $925,00 plus interest, plus the amount of net revenues collected
by City Centre during the one-year lease period from the operation of the
second level of the parking ramp. At the expiration of the one-year lease
period, if City Centre fails to exercise its option to purchase the second
level of the parking structure, it would then repay to the City or the City
entity making the loan and additional $200,000 and the City would thereafter
own the second level of the parking structure free and clear of any claim by
City Centre.
During the one-year option period and thereafter to the extent available,
the 70 parking spaces on the second level could be used for public parking will
connection with the Theatre District and other nearby City-sponsored projects.
This would significantly alleviate the shortage of public parking spaces
available in the Main/Chippewa area.
REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT AND THE COMMISSIONER OF
COMMUNITY DEVELOPMENT.
No. 82
CHARLES COLERN
Claim For Lost Eyeglasses
On November 18, 1993, at 7:55 P.M. I responded to an accident
scene at Chippewa and Washington Streets. We had a multiple injury car
accident. We assisted the ambulance crews in securing the injured people on
back boards for transportation to area hospitals. We also cleaned up the
accident scene of debris and washed down the area of spilled fuel.
Upon return to quarters I became aware that my glasses were missing. I
returned to the accident scene but I was unable to find my glasses. I reported
this to the Commissioner of Fire and since the accident I have replaced them at
my own expense.
I have asked Deputy Bulger to submit my bills to your committee for
consideration but he has refused. I therefore respectfully submit them myself
to your committee for consideration.
Mr. Fahey moved:
That the communication from Charles B. Colern, dated January 20, 1993, be
received and filed; and
That the Comptroller be, and he hereby is, authorized to issue a check to
Charles B. Colern for $174.00 to replace his glasses.
PASSED.
AYES- AMOS, ARTHUR, BAKOS, COLLINS, COPPOLA, FAHEY, FRANCZYK, HIGGINS,
LOTEMPIO, PERLA, PITTS, ZUCHLEWSKI- 12.
NOES- BELL- 1.
No. 83
HORIZONS WATERFRONT COMMISSION, INC.
Report on Status of Local Federally Funded Highway Demonstration Projects
Resolution # 159, C.C.P. December 14, 1993
This acknowledges receipt of a letter to Thomas D. Blanchard,
Jr. dated December 15, 1993 requesting that "The Horizons Waterfront Commission
file a report detailing their rationale for deferring interest and failing to
prioritize this highway reconstruction project" stated in the resolution of
Council which was attached.
I gather that the resolution was, at least in part, a reaction to the
December 9 and 10, 1993 Buffalo News articles written by Douglas Turner.
First, you should know that Mr. Turner's statements regarding available federal
highway funds are incorrect. According to the NYS Department of Transportation,
two appropriations are in place:
- $10 million appropriated in 1987 for Fuhrmann Blvd. as a demonstration
project, not $12 million as stated in the article.
- $20.2 million in ISTEA demonstration funds appropriated in 1991 for
initial planning and design of the gateway tunnel proposed by Mayor Griffin,
not $38.5 million as stated in the article.
All of these funds require an 80/20 non-federal match. How Mr. Turner
arrives at $50 million in total is very creative, albeit mysterious.
As you are all aware, about $8 million was allocated in 1992 to Horizons
Waterfront Commission (HWC) by the NYS Thruway Authority (NYSTA) for use on
Fuhrmann Blvd. With the recently completed Buffalo Harbor Master Plan, which
was jointly funded by the City of Buffalo and HWC, it was agreed by the Common
Council and others that the first priority should be to create and provide a
positive setting for the new Crossroads Arena and the Proposed Buffalo Harbor
Center. The $8 million provided by the NYSTA, however, only covers about
one-half of the estimated $16 million cost of the Harbor.
On several occasions over the past six months, I suggested to the city
administration that available ISTEA funds be reprogrammed to complete the Inner
Harbor and begin design of the smaller Main Street Bridge to the North Outer
Harbor. This bridge, which is recommended in the current Buffalo Harbor Master
Plan, would provide a direct local traffic link between downtown and the Outer
Harbor, is achievable in the near term, and would catalyze the development of
the Outer Harbor by making it more directly accessible. We were advised by the
city administration that all of the federal funds mentioned above were only for
use in planning the tunnel.
As you are well aware, Horizons Waterfront Commission has no control over
use of federal funds appropriated to the City. Our responsibility is to plan,
generate ideas, and suggest reasonable priorities for investment of public
funds.
Toward that end, we develop and recommend priorities because resources
are limited and must be most effectively applied to achieve the best public
benefit, not because we are "too busy" as Mr. Turner stated.
I suggest that as Buffalo's leadership changes in the coming weeks, the
Honorable Common Council and Horizons Waterfront Commission rededicate
ourselves to continued cooperation in rebuilding our waterfront. I further
suggest that we jointly encourage Mr. Turner to make himself available (which
he has never done) for a presentation of the Buffalo Harbor Master Plan and
Development Program so that in the future, when he writes articles about us, he
knows what he's talking about! Let us all be wary of relying upon the media for
"truth" or "facts" as the basis for public resolutions.
Several weeks ago, Tom Blanchard and I had a successful trip to
Washington, D.C. We will continue to work with the City to obtain and retain
vital federal funds.
REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT.
No. 84
KENSINGTON BAILEY AREA PLANNING COMMITTEE, INC.
889 Kensington Avenue Recreation Center
The Kensington Bailey Area Planning Committee would like to gather
more information about the 889 Kensington Recreation Center. To this end we
have formed a task force to evaluate the position of our neighbors in regard to
this project.
Our major concerns:
1. Poor history of communication within the community regarding 889
recreation center
2. No defined operating budget
3. No defined maintenance budget
4. Questionable means of finding a operation and maintenance budget
Please refrain from moving this project out of the finance committee
until we can answer these questions, and until we can assure the community that
the best plan for meeting our communities recreational needs has been
established.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 85
NYS COMPTROLLER
Audit - Bd. of Education
Comptroller McCall has asked me to respond to your letter of December
1, 1993, relating to our audit of the Buffalo Board of Education. One of
Comptroller McCall's top priorities is to strengthen the partnership between
our office and the localities of the State of New York.
On September 13, 1993, staff of our Buffalo Area Office began a survey to
identify issues which will require more in-depth audit work. The objective of
this phase of our audit is to examine and evaluate the performance of the
school district's financial systems to determine whether the school district
generates relevant financial information to allow it to manage its financial
affairs. We will also determine if the City of Buffalo receives useful
information to evaluate the financial activities and needs of the district.
Among the specific issues we are addressing early in our audit is the reporting
of information to the State Education Department to claim state and federal
aid. Our field work and report will be geared to making recommendations to the
Board of Education on how they can improve their operations.
After we have completed the first phase of our audit work, we will
consider conducting additional performance audits to examine and evaluate the
economies and efficiencies of quantifiable board functions in areas where
reliable information is available to study such areas in-depth.
If you require additional information, please feel free to contact Mr.
Stanley T. Marszalek, Director of Municipal Affairs, Bureau of Examinations, at
(518) 474-5404 or at the above address.
REFERRED TO THE SPECIAL COMMITTEE ON EDUCATION.
No. 86
NYS DIVISION OF CRIMINAL JUSTICE SERVICES
Overtime Pay Police Commissioners
University Games
In your recent letters you asked if a decision made by the Buffalo
Common Council on the overtime services performed by the Police Commissioner
and Deputy Police Commissioner during the World University Games would have any
effect on action to be taken by the State Legislature.
The decision of the Buffalo Common Council has no effect on the actions
of the State Legislature in regards to allowing future reimbursement of
expenses related to the World University Games.
The State Legislature has advised us that no decisions will be made on
future reimbursement of expenses related to the Games until January 1994.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
No. 87
MICHAEL PIETRUSZKA
Curfew Ordinance
As I am sure you are aware, the criminal caseloads in Buffalo
City Court have been skyrocketing. The enforcement of the new Curfew Ordinance
in the City of Buffalo threatens to increase the burden on this already
overtaxed system. No one benefits from the ineffective administration of a
system that does not have the resources to adequately fulfill its intended
function. In order to maximize the effectiveness of your Curfew Ordinance and
avoid further court calendar overcrowding, I have an idea for your
consideration.
My suggestion is that your Honorable Body create a tribunal with
administrative law judges, akin to the Parking Violations Bureau, to determine
curfew violations. I think that this tribunal would be most logically situated
in the Division for Youth as this agency is experienced in dealing with youth,
is already sensitive to the problems involved, and has the counseling and
referral services appropriate to the resolution of the targeted situations.
This type of program has the additional benefit of saving the young people of
the City of Buffalo from the possibility of having a police record as a result
of a minor transgression which would follow them and could negatively impact on
their educational and employment opportunities for the rest of their lives.
If you would like to discuss this idea further, please feel free to
contact me.
REFERRED TO THE COMMITTEE ON LEGISLATION THE COMMISSIONER OF POLICE AND THE
CORPORATION COUNSEL.
No. 88
TCI OF NEW YORK, INC.
Cost Increase Cable Guide
Enclosed please find, for your records, a copy of our recent
correspondence
sent to the Mayor of the City of Buffalo as well as to each individual
Councilmember. Effective February 1, 1994, TCI of New York's Cable Guide rate
will increase 25 cents, which will bring the total cost of The Cable Guide to
$1.25, plus franchise fee.
All subscribers will be informed thirty (30) days prior to the rate
increase date.
As always, if you have any questions or would like further information,
please do not hesitate to contact me at (716) 862-4640.
REFERRED TO THE SPECIAL COMMITTEE ON CATV.
No. 89
AIDS ALLIANCE OF WESTERN NEW YORK
Seek Community Assistance
I am writing to you as Center Coordinator of the AIDS Alliance
of Western New York, on behalf of its volunteers, members and clients.
The AIDS Alliance is a New York State-recognized community-based
organization representing the interests of Persons Living With AIDS (PLWA's)
throughout the Niagara Frontier. It was founded by and for such persons in 1988
and has operated out of its present offices since then, serving many hundreds
of the HIV-infected and those otherwise affected by the epidemic.
We offer a State University-approved counseling intern program, a
six-day-a-week Drop-In Center, regularly scheduled meals, an AIDS information
service and assistance to those PLWA's dealing with various human service
agencies and other service programs. On average, the Alliance makes 35
referrals for services per month, and takes additional action in many cases.
Most of the work involved in organizing and operating these programs has been
undertaken by our volunteers, many of them PLWA's.
As you doubtless are aware, the multiple impacts of the AIDS epidemic are
still increasing 13 years after the recognition of its existence. The resulting
strain on our organization has been exacerbated by its volunteer basis and the
very limited funding, much generously contributed from the private sector. For
six years, our work has assisted and lessened the burden of other public and
private agencies on an extremely cost-effective basis.
But to continue to do so, we must become more active in seeking community
assistance. We will be requesting Council support for the continuation of the
Alliance's important efforts. To help facilitate your eventual consideration
of these requests, we extend an invitation to the members of the Council to
visit our offices and to learn about our present and past efforts and
achievements. Our staff, membership and Board would be pleased to discuss the
Alliance and the impact of AIDS on this city. Please contact our office at your
convenience for this purpose and for any information you think we can provide.
Like you, we are committed to a humane and efficient program of responses
to AIDS. We would like to forge a partnership with the distinguished members of
the Council to develop such a program.
REFERRED TO THE COUNCIL PRESIDENT.
PETITIONS
No. 90
University Methodist, owner, petition to use 3344 Bailey Ave. for a pole sign.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD,
AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT.
No. 91
Narden Academy, owner, petition to use 135 Cleveland Ave. for a pole sign.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD,
AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT.
No. 92
Dale Danner and Others, oppose live music, dancing and patio at 1504 Hertel
Ave.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 93
Joseph Mangione and Others, oppose Rezoning of 9-13 Toledo Place and 1412-1418
Kenmore Avenue.
REFERRED TO THE COMMITTEE ON LEGISLATION.
REGULAR COMMITTEES
CIVIL SERVICE
HON. JAMES W. PITTS
CHAIRMAN
No. 94
Salary Ordinance Amendment
70-0 - Department of Street Sanitation
011 - Collection of Refuse & Street Cleaning
(Item No. 173, C.C.P., Nov. 3, 1993)
That the Salary Ordinance Amendment as contained in Item No. 173,
C.C.P., November 3, 1993, be and the same hereby is approved.
PASSED.
AYES- 13 NOES- 0.
No. 95
Ordinance Amendment - Section 9 of Chapter 35 Salary and Wage Schedule "D"
1993-94
(Item No. 177, C.C.P., Nov. 3, 1993)
That the Ordinance Amendment, Salary and Wage Schedule "D" 1993-94
as contained in Item No. 177, C.C.P., November 3, 1993, be and the same hereby
is approved.
PASSED.
AYES- 13 NOES- 0.
No. 96
Local 282/Arbitration Award
(Item # 83 CCP Oct 18, 1993)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 97
Deputy Commissioner Overtime Reimbursements (Pol)
(Item No. 43, CCP, Nov. 16, 1993)
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
No. 98
Delay Transfer Positions To Non-Competitive
(Item # 175 CCP Feb 2, 1993)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 99
Information/Cell Block Attendant Exam (CSC)
(Item # 64 CCP Nov 30, 1993)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 100
Preferred List For Sign Inspection
(Item # 77 CCP Dec 14, 1993)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 101
Request Civil Service Commission to Deny
Waiver of Probationary Period - Firefighter Sumbrum
(Item No. 153, C.C.P., Dec. 14, 1993)
That this Common Council requests the Civil Service Commission
to deny this request for a waiver of the probationary period for Firefighter
Bart Sumbrum in light of the assurances that were made by Mr. Sumbrum to this
Common Council at the time of his reconfirmation as Commissioner of Street
Sanitation.
LOST.
AYES- ARTHUR, COLLINS, COPPOLA, PERLA, PITTS- 5.
NOES- AMOS, BAKOS, BELL, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO, ZUCHLEWSKI- 8.
No. 102
Appointment Specialist I (Max)(CSC)(#83 7/6)
(Item # 114 CCP Jul 20, 1993)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 103
Appointment of Personnel Specialist (Max)(CSC)(#84 7/6)
(Item # 115 CCP Jul 20, 1993)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 104
Employment Personnel Specialist I (CSC)
(Item # 72 CCP Nov 3, 1993)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 105
Appointment
Public Works/Account Clerk-Typist
That Communication No 35 CCP Dec 14, 1993 be received and filed
and the Permanent appointment of Christine Petschke stated above at the Maximum
salary $22,465.00 effective on Nov 29, 1993 is hereby approved.
PASSED.
AYES- 13 NOES- 0.
No. 106
Appointment
Public Works/Filtration Plant Operator
That Communication No 38 CCP Dec 14, 1993 be received and filed
and the Provisional appointment of Robert J. Beneveento stated above at the
Intermediate salary $25,135.00 effective on Dec 6, 1993 is hereby approved.
PASSED.
AYES- 13 NOES- 0.
No. 107
Appointment
Public Works/Filtration Plant Maintenance Supervisor I
That Communication No 39 CCP Dec 14, 1993 be received and filed
and the Provisional appointment of David B. Golba stated above at the Maximum
salary $28,385.00 effective on Dec 6, 1993 is hereby approved.
PASSED.
AYES- 13 NOES- 0.
No. 108
Notices Of Appointments (C.Clerk)
(Item # 92 CCP Dec 14, 1993)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
FINANCE
HON. DAVID A. COLLINS
CHAIRMAN
No. 109
Prepayment of Lease for 189 Tonawanda Street
(Item No. 71, C.C.P., Dec. 14, 1993)
That the Comptroller be, and hereby is authorized to approve an
amendment to the lease between the 189 Tonawanda Street Corporation and the
City of Buffalo to allow the City of Buffalo to prepay the lease for
$633,886.53. In addition, 189 Tonawanda Street Corporation shall subtract the
amount of such prepayment from any future purchase price for the facility to
which the City of Buffalo and such Corporation.
PASSED.
AYES- 13 NOES- 0.
No. 110
Drug Interdiction/Points of
Entry Grant Program Renewal
(Item No. 44, C.C.P., Dec. 14, 1993)
That the Mayor be, and he hereby is, authorized to renew the
Anti-Drug/Interdiction/Points
of Entry Agreement between the City of Buffalo and the New York State Division
of Criminal Justice Services for the period December 1, 1993 through November
30, 1994. That the Comptroller be authorized to provide and interfund cash
loan in the amount of $88,440.00 as a cash advance for all non-personnel
expenses until such reimbursement is secured from the State.
PASSED.
AYES- 13 NOES- 0.
No. 111
Transfer of 1256 Jefferson To W. Cooper (Compt)
(Item # 20 CCP Dec 14, 1993)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 112
Northern Development/Offer Purchase/Develop/380 Oak
(Item # 82 CCP Jun 22, 1993)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 113
Northern Light Development/
Offer To Purchase 380 N. Oak (CD)
(Item # 65 CCP Jul 6, 1993)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 114
E. Fahey/Proposals For Operation Of Animal Shelter
(Item # 156 CCP Sep 7, 1993)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 115
M. Levine/Proposal For operation Of Animal Shelter
(Item # 158 CCP Sep 7, 1993)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 116
Ordinance Amendment Chapter 141/Collection of Arrears
(Item # 136 CCP Dec 14, 1993)
That the above mentioned Item be and the same is hereby received
and filed.
Mr. Collins now moved to recommit to the Committee on Finance.
ADOPTED.
No. 117
Ordinance Amendment Ch. 175 (141) - Fees
(Item # 137 CCP Dec 14, 1993)
That the above mentioned Item be and the same is hereby received
and filed.
Mr. Collins now moved to recommit to the Committee on Finance.
ADOPTED.
No. 118
Ken-Bailey NHS/Favor Recreation Center 889 Kensington
(Item # 96 CCP Dec 14, 1993)
That the above mentioned Item be and the same is hereby received
and filed.
Mr. Collins now moved to recommit to the Committee on Finance.
ADOPTED.
No. 119
Information/Erie Marina Phase IV Bids (PW)
(Item # 33 CCP Dec 14, 1993)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 120
Change Order/1489 Fillmore Ave/
Asbestos 1489 Fillmore (CC)
(Item # 52 CCP Dec 14, 1993)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 121
D. Sansanese/Compromise Demolition cost 142 W. Delavan
(Item # 87 CCP Sep 21, 1993)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 122
Compromise Demolition Cost/142 w. Delavan (Assmt)
Item No 24 CCP Oct 5, 1993
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 123
Compromise Demolition Cost/142 W. Delavan (ICR)
(Item # 77 CCP Oct 5, 1993)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 124
Compromise Demolition Cost/142 W. Delavan (CC)
(Item # 48 CCP Oct 19, 1993)
That the above the mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 125
Compromise Demolition Cost/142 W. Delavan (ICR)
(Item # 51 CCP Nov 30, 1993)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 126
Compromise Demolition Cost/142 W. Delavan (CC)
(Item # 56 CCP Dec 14, 1993)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 127
William Cooper - Request for Space
(Item No. 82, C.C.P., October 19, 1993)
That the proper officials of the City of Buffalo be, and they
hereby are, authorized and directed to lease to William Cooper the property at
1256 Jefferson Avenue for a term not to exceed one year to be used solely for
the purpose of a community visual arts center and under such terms and
conditions as may be required by the Division of Real Estate and the Department
of Law respecting the lessee's maintenance of the property and the provision by
the lessee of adequate public liability insurance and related matters.
PASSED.
AYES- 13 NOES- 0.
No. 128
Space For Art Education Program (CC)
(Item # 36 CCP Nov 30, 1993)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 129
Monthly Overtime Report (Compt)
(Item # 15 CCP Oct 19, 1993)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 130
Reply To Overtime Report (A&F)
(Item # 55 CCP Nov 16, 1993)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 131
Additional Overtime Funding Request (Pol)
(Item # 44 CCP Nov 16, 1993)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 132
Ordinance/In Rem Purchases (CC)
(Item # 47 CCP Dec 14, 1993)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
LEGISLATION
HON. ALFRED T. COPPOLA
CHAIRMAN
No. 133
266 Bryant, Inc., Petition to Use 427 Elmwood
(Item No. 98, C.C.P., Dec. 14, 1993)
That after a public hearing before the Committee on Legislation
on December 21, 1993, the petition of 266 Bryant, Inc., for permission to use
427 Elmwood for sales/take-out restaurant be and hereby is approved.
PASSED.
AYES- 13 NOES- 0.
No. 134
H-H Acquisition Corporation
Petition to Rezone 666 Parkside Avenue
(Item No. 100, C.C.P., Nov. 3, 1993)
That H-H Acquisition Corporation's petition to rezone 666 Parkside
Avenue from R-1 to C-2 District is hereby denied.
ADOPTED.
No. 135
E.A.F. Rezone 666 Parkside (CD)
(Item # 48 CCP Nov 30, 1993)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 136
V. Colonna/Oppose Rezoning Of 666 Parkside
(Item # 84 CCP Nov 30, 1993)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 137
Validity Of Remonstrance/666 Parkside (CPBD)
(Item # 7 CCP Dec 14, 1993)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 138
Walgreen Pharmacy Construction
SEQRA Lead Agency Designation
Item No. 3, C.C.P., Nov. 30, 1993
That the above item be, and the same hereby is, returned to the
Common Council without recommendation.
Mr. Coppola now moved that the above item be and the same is hereby
received and filed.
ADOPTED.
No. 139
EIS Clarification 650 Delaware (CC)
(Item # 41 CCP Nov 30, 1993)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 140
Restaurant/Dancing Class II License 1180 Hertel
(Item No. 29, C.C.P., Dec. 14, 1993)
That pursuant to Chapter 150 of the Ordinances of the City of
Buffalo, the Director of Licenses and Permits is hereby authorized to issue a
Restaurant/Dancing Class II License to Aljoe, Inc. d/b/a Comedy Trap, 1180
Hertel Avenue, and the same be, and hereby is approved on the condition that in
one year the proprietor return for review and approval.
PASSED.
AYES- 13 NOES- 0.
No. 141
Notification Serial #8322
(Item No. 118, C.C.P., Nov. 30, 1993)
Pursuant to 478 of Article 10 of charter, the following changes
to the traffic ordinances (Chapter 479 of City Code) are hereby denied and
disapproved.
Vehicles on Shall Stop Before Entering
West Fuhrmann Blvd U.S. Coast Guard - Gate Entrance
Easton Avenue Newburg Avenue
Permissive Pkg Location Period of Permissive Parking
Washington Street east side Effective Daily Except Sunday
from Carlton St. to Burton St. 2 Hr. Pkg. 7 a.m. - 7 p.m.
Washington St. west side Effective Daily Except Sunday
from Carlton St. to Burton St. 2 Hour Parking 7 a.m. - 7 p.m.
ADOPTED.
No. 142
Request Ordinance - Responsibilities of
Owners/Tenants
(Item No. 236, C.C.P., Oct. 5, 1993)
That this Common Council requests the Corporation Counsel to amend
Section 242-11 Housing Standards -Responsibilities of Owners and Occupants of
the Buffalo City Charter to include items (a) through (e) of the above stated
provisions to properly address the issue of tenant accountability; and
That the Executive Director of the Buffalo Municipal Housing Authority
incorporate items (a) through (d) of the above stated provisions in the
B.M.H.A. laws to address the issue of tenant accountability on B.M.H.A.,
property; and
That the Erie County Department of Social Services adopt a provision
requiring any request by a social service recipient to terminate rental payment
vouchers or an agreement to direct portion of social service assistance to pay
for rental housing must first be acknowledged by the property owner entitled to
the rental compensation; and
That the City Clerk be directed to send certified copies of this
resolution to the Buffalo Municipal Housing Authority and the Erie County
Department of Social Services.
ADOPTED.
No. 143
Leaving Rental Unit W/O Paying Rent (CC)
(Item # 55 CCP Dec 14, 1993)
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
No. 144
Review In-Rem Purchase Process (Compt)
(Item # 13 CCP Nov 30, 1993)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 145
Lottery System For In-Rem Sales (Compt)
(Item # 12 CCP Nov 30, 1993)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 146
D. Drzymala-Prohibit Bathhouses
(Item # 86 CCP Nov 3, 1993)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
AYES- AMOS, ARTHUR, BAKOS, BELL, COLLINS, COPPOLA, FRANCZYK, HIGGINS, LOTEMPIO
, PERLA, PITTS, ZUCHLEWSKI- 12.
NOES- FAHEY- 1.
No. 147
Central Police Services/Response To 911 Delays (#98 7/6)
(Item # 152 CCP Jul 20, 1993)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 148
F/K/W Block Club/Request Immediate Demolition
Of 426 Winslow
(Item # 78 CCP Nov 30, 1993)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
ECONOMIC DEVELOPMENT
HON. CLIFFORD BELL
CHAIRMAN
No. 149
L.D.A. - Masten/Kingsley New Housing
(Item No. 63, C.C.P., Dec. 14, 1993)
That the above item be and hereby is returned to the Common Council
without recommendation.
The above Item has been set for a Public Hearing before the Common
Council, at this regularly scheduled meeting, this date, at 2:00 P.M., and that
a Notice of same has been published in the Buffalo News, a copy of which is
attached hereto.
On a Motion by Mr. Fahey, Seconded by Mr. Bell the item is properly
before the Common Council, and the Hearing be opened.
CARRIED.
Appearances:Louis Malucci, Community Revitalization
Mr. Fahey moved that the hearing be closed. Seconded by Mr. Bell.
CARRIED.
Mr. Fahey moved:
Whereas, the Buffalo Urban Renewal Agency (herein referred to as the
"Agency") has duly designated Aicha Construction Company, Inc. 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
Whereas, the City Clerk has published a Notice of public Hearing, as
required by Section 507, subdivision 2 (d) of the "General Municipal Law"; and
Now, Therefore, Be It Resolved:
(1) That Aicha Construction Company, Inc. 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 the
Masten/Kingsley New Housing project in the Community Wide Urban Renewal
Demonstration program Area.
(2) That the Chairman or Vice Chairman of the Buffalo Urban Renewal
Agency is hereby authorized to execute any and all deeds or other legal
documents necessary to convey the land described in the proposed "Land
Disposition Agreement" to the Redeveloper and/or other legal entity to be
formed in accordance with the terms of said Agreement and for the consideration
recited therein and that the Mayor of the City of Buffalo is hereby authorized
to execute any and all deeds or other legal documents necessary to convey the
property from the city to BURA.
PASSED.
AYES- 13 NOES- 0.
No. 150
L.D.A. - 400 Pratt Street
(Item No. 64, C.C.P., Dec. 14, 1993)
That the above item be and hereby is returned to the Common Council
without recommendation.
The above Item has been set for a Public Hearing before the Common
Council, at this regularly scheduled meeting, this date, at 2:00 P.M., and that
a Notice of same has been published in the Buffalo News, a copy of which is
attached hereto.
On a Motion by Mr. Fahey, Seconded by Mr. Bell the item is properly
before the Common Council, and the Hearing be opened.
CARRIED.
Appearances: Louis Malucci - Community Revitalization
Mr. Fahey moved that the hearing be closed. Seconded by Mr. Bell.
CARRIED.
Mr. Fahey moved:
Whereas, the Buffalo Urban Renewal Agency (herein referred to as the
"Agency") has duly designated James Management Co., Inc. 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
Whereas, the City Clerk has published a Notice of Public Hearing, as
required by Section 507, Subdivision 2 (d) of the "General Municipal Law"; and
Now, Therefore, Be It Resolved:
(1) That James Management Co., Inc. 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 400 Pratt
Street (former School 47 site) in the Pratt Willert Revitalization Area.
(2) That the Chairman or Vice Chairman of the Buffalo Urban Renewal
Agency is hereby authorized to execute any and all deeds or other legal
documents necessary to convey the land described in the proposed "Land
Disposition Agreement" to the Redeveloper and/or other legal entity to be
formed in accordance with the terms of said Agreement and for the consideration
recited therein.
PASSED.
AYES- 13 NOES- 0.
No. 151
HOME Funds for 696 Seneca Street
(Item No. 68, C.C.P., Dec. 14, 1993)
That the Common Council approve funds for $100,000 in HOME Program
funding for the rehabilitation of 696 Seneca Street.
PASSED.
AYES- 13 NOES- 0.
No. 152
Preliminary Draft of the
Comprehensive Housing Affordability Strategy (CHAS)
(Item No. 59, C.C.P., Dec. 14, 1993)
That the above item be, and the same hereby is, returned to the
Common Council without recommendation.
Mr. Bell now moved:
That the Preliminary draft of the City of Buffalo Comprehensive Housing
Affordability Strategy (CHAS) Goals for Fiscal Year 1994-98 be, and hereby is
received and filed.
ADOPTED.
AYES- AMOS, ARTHUR, BAKOS, BELL, COLLINS, COPPOLA, HIGGINS, LOTEMPIO, PERLA,
PITTS, ZUCHLEWSKI- 11.
NOES- FAHEY, FRANCZYK- 2.
No. 153
BEDC Proposed Loan to
Harbour Place Marine Sales
(Item No. 74, C.C.P., Nov. 30, 1993)
That the above item be, and the same hereby is, returned to the
Common Council without recommendation.
Mr. Bell now moved to recommit to the Committee on Economic Development.
ADOPTED.
No. 154
BEDC Sale of 477-483 Broadway
Neighborhood Commercial Land Bank
(Item No. 94, C.C.P., Dec. 14, 1993)
(Item No. 89. C.C.P., Apr. 13, 1993)
That the offer of Drescher Paper Box, Inc., in the sum of $10,000.00
(Ten Thousand Dollars) to purchase the property described as 477-483 Broadway,
be and hereby is accepted; and
That the Buffalo Enterprise Development Corporation Neighborhood
Commercial Land Bank be authorized to execute a deed and sign the necessary
documents for the transfer of title, in accordance with the terms of sale as
set by the Administration Agreement dated October 29, 1991.
PASSED.
AYES- 13 NOES- 0.
RESOLUTIONS
No. 155
By: Mr. Arthur
At the regular meeting of the Common Council of the City of Buffalo,
held on Tuesday, December 28, 1993, the following resolution was unanimously
adopted, sponsored by George K. Arthur, Clifford Bell, Eugene M. Fahey,
Rosemarie LoTempio, Norman M. Bakos, David A. Collins, Alfred T. Coppola, David
A. Franczyk, Brian M. Higgins, Carl A. Perla, Jr., James W. Pitts, and Dale L.
Zuchlewski.
Whereas: In November 1985, the voters of the University District
elected Archie L. Amos, Jr. to his first of four terms as their representative
on the Buffalo Common Council; and
Whereas: During his eight years in office, Archie Amos served the City of
Buffalo well as Chairman of the Common Council Urban Renewal Committee, as a
member of the Civil Service, Finance, Legislation, and Economic Development
Committees, and as the Council representative on the 1988 Joint Police
Reorganization Commission and as a member of the Buffalo Urban Renewal Agency;
and
Whereas: In dealing with the city's fiscal crisis, Archie Amos raised the
awareness of Councilmembers and others on the benefits of "cost recovery" to
reimburse the city for services rendered and championed this concept through
his role on the Buffalo Financial Planning Commission; and
Whereas: Archie has always worked tirelessly to ensure that University
District human service and housing programs were funded to the fullest extent
possible, labored to strengthen business and economic opportunities, and played
a key role in developing a recreational center for the Kensington-Bailey area
and finalizing the construction of the Gloria J. Parks Community Center.
Now, Therefore, Be It Resolved:
That the Common Council of the City of Buffalo commend Archie L. Amos,
Jr. for his outstanding record of service as University District Councilmember;
and
Be It Further Resolved:
That this Honorable Body extend best wishes for future success and good
fortune to a true gentleman who established a legacy of excellence as a Public
Servant, Archie L. Amos, Jr..
ADOPTED.
No. 156
By: Mr. Arthur
At the regular meeting of the Common council of the city of Buffalo,
held on Tuesday, December 28, 1993, the following resolution was unanimously
adopted, sponsored by George K. Arthur, Clifford Bell, Eugene Fahey, Rosemarie
LoTempio, Archie L. Amos, Jr., David A. Collins, Alfred T. Coppola, David A.
Franczyk, Brian M. Higgins, Carl A. Perla, Jr., James W. Pitts, and Dale L.
Zuchlewski.
Whereas: Norman M. Bakos served the citizens of the city of Buffalo
as Lovejoy District councilmember from 1978 to 1993; and
Whereas: During his tenure, he chaired the claims committee, represented the
council on the Buffalo Urban Renewal Agency, and served on various other
committees and task forces; and
Whereas: Often outspoken and flamboyant, "Stormin' Norman" was a diligent
and responsive legislator who was particularly effective in his tireless
efforts to deliver "the goodies" to his district; and
Whereas: A skilled practitioner of "doughnut diplomacy," his accomplishments
are numerous and widespread, including the Schiller Park Senior Citizens
Center, the East Clinton Community Center, the Lovejoy Natatorium, the Walden
Park Housing Development, and many others; and
Whereas: Councilmember Bakos will be long remembered as a dedicated family
man, a dynamic leader and organizer, a creative and innovative thinker, and a
man with an uncommon compassion and understanding for those in need, especially
the youth and the elderly;
Now, Therefore Be It Resolved:
That the Common Council of the City of Buffalo commend Norman M. Bakos
for his outstanding record of service as Lovejoy District Councilmember; and
Be It Further Resolved:
That this Honorable Body extend best wishes for future success and good
fortune to a true gentleman who established a legacy of excellence as a public
servant, Norman M. Bakos.
ADOPTED.
No. 157
By: Mr. Arthur
At the regular meeting of the Common Council of the City of Buffalo,
held on Tuesday, December 28, 1993, the following resolution was unanimously
adopted, sponsored by George K. Arthur, Clifford Bell, Eugene M. Fahey,
Rosemarie LoTempio, Archie L. Amos, Jr., Norman M. Bakos, David A. Collins,
Alfred T. Coppola, David A. Franczyk, Carl A. Perla, Jr., James W. Pitts, and
Dale L. Zuchlewski.
Whereas: Brian M. Higgins served the citizens of the City of Buffalo
as south District Councilmember from 1988 through 1993; and
Whereas: During his tenure, he chaired the Claims Committee and served as a
member of the Finance Committee, the Cable Television Committee, the stadium /
Auditorium Task Force, the Hazardous Waste Remediation Task Force, the
Commission on Quality Education, and the City / County Parks Consolidation
Commission; and
Whereas: A man who focused on the needs of both his district and the entire
city, Councilmember Higgins' accomplishments include the restoration of the
Cazenovia Casino, the implementation of the south Buffalo Police Reorganization
Demonstration Plan, the initiation of unique youth programming opportunities,
and the advocacy and establishment of public access and a comprehensive plan
for waterfront development; and
Whereas: Brian Higgins combined intelligence with common sense, hard work
with dedication, a vision of the future with a voice of reason, and personal
sincerity, integrity, honesty, and accessibility to provide insightful
leadership and to improve the quality of life for the people of Buffalo;
Now, Therefore, Be It Resolved:
That the Common Council of the City of Buffalo commend Brian M. Higgins
for his outstanding record of service as South District Councilmember; and
Be It Further Resolved:
That this Honorable Body extend best wishes for future success and good
fortune to a true gentleman who established a legacy of excellence as a Public
servant, Brian M. Higgins.
ADOPTED.
No. 158
By: Mr. Bell
Set Public Hearing - Walden Park Intergenerational New Housing
Project Approval of Land Disposition Agreement Hoobies Housing, Inc.
Whereas, Hoobies Housing, Inc. and/or other legal entity to be
formed (herein referred to as the "Redeveloper") has been duly designated as
qualified and eligible Redeveloper in accordance with the rules and procedures
prescribed by the City of Buffalo Urban Renewal Agency (herein referred to as
the "Agency"); and
Whereas, The Agency and the Redeveloper have negotiated a Land
Disposition Agreement for the construction of thirty-seven (37) units of
"intergenerational" ranch style homes known as the Walden Park
Intergenerational New Housing Project in the Community Wide Urban Renewal
Demonstration Program Area; and
Whereas, said Land Disposition Agreement has been forwarded by the Agency
to this Common Council for action, pursuant to Section 507, subdivision 2 (d)
of the General Municipal Law; and
Whereas, Article 15A of the "General Municipal Law" requires that the
disposition of land in an Urban Renewal Project may be approved only after a
public hearing on due notice.
Now, Therefore, Be It Resolved:
1. That the City Clerk is hereby directed to publish the notice attached
hereto and marked "Notice of Hearing" in the Buffalo News, no later than the
31st day of December 1993.
2. That this Common Council will conduct a Public Hearing on the matters
stated in said "Notice of Hearing" at 2:00 O'clock p.m. in the Council Chambers
on the 11th day of January, 1994.
ADOPTED.
No. 159
By: Mr. Bell
Feasibility Study - Reopening Main Street to Vehicular Traffic
Whereas: Various individuals and organizations have recently stepped
forward to advocate reopening downtown Main Street to vehicular traffic to
facilitate access to downtown shops and businesses; and
Whereas: Proponents of reopening Main St. maintain that the grade level
Metro Rail system not only impedes vehicular traffic but also negatively
impacts on pedestrians by effectively discouraging use of the "Pedestrian Mall"
; and
Whereas: Buffalo Place officials, charged with the responsibility of
managing and promoting the Mall, propose developing a method for Metro Rail to
share Main Street with cars and buses, while others advocate complete
elimination of grade level trains; and
Whereas: Niagara Frontier Transportation Authority officials are sympathetic
to the concerns expressed by proponents of reopening Main, but cite the great
expense that would be incurred by eliminating or reconfiguring the rail system
and removing or replacing rail stations; and
Whereas: Additionally, the NFTA believes the concept that reopening Main
Street will produce significant economic benefits is purely speculative; and
Whereas: A study should be conducted to evaluate the Pedestrian Mall, the
Metro Rail system and the effects of each on the other, in order to determine
the best course of action for maximizing the benefits of the tremendous public
investment in downtown Main Street;
Now, Therefore, Be It Resolved:
That the Common Council request that the Masiello Administration
establish a Task Force comprised of representatives from the Niagara Frontier
Transportation Authority, Buffalo Place, and the Downtown Merchants
Association, Community Development, Division of Planning, and members of the
Common Council to study the feasibility of reopening Main Street to vehicular
traffic.
REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT, THE MAYOR AND THE
COMMISSIONER OF PUBLIC WORKS.
No. 160
By: Mr. Collins
Transfer of Funds
Common Council - Legislative
Common Council - Legislative - Exempt Items
That pursuant to section 42 of the Charter and the Certificate
of the Mayor and the Comptroller submitted to the Common Council, the sum of
$1,800 be and the same is hereby transferred from the Common Council -
Legislative - Civil Service Committee -Travel and Transportation Accounts, and
said sum is hereby reappropriated as set forth below:
From:
100 General Fund
01-0 - Common Council
005 - Civil Service Committee Chairman
301 - Automobile Allowance $ 685
304 - Out of Town Transportation $1,115
To:
100 General Fund
01-0 - Common Council
085 - Exempt Items
982 - Operating Equipment $1,800
PASSED.
AYES- 13 NOES- 0.
No. 161
By: Mr. Collins
Transfer of Funds
Exempt Items - Water
Bond Fund - Water
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
$3,550 be and the same is hereby transferred from the Reserve for Capital
Improvements account and said sum is hereby reappropriated as set forth below:
From:
410 Division of Water
819 - Exempt Items
842 - Reserve for Capital Improvements $3,550
To:
81-8 Interfund Transfers
010 - Transfer to Capital Projects Fund $3,550
From:
81-8 Interfund Transfers
010 - Transfer to Capital Projects Fund $3,550
To:
416 City of Buffalo Water Authority Construction Fund
982 - Water Authority
017 - General $3,550
PASSED.
AYES- 13 NOES- 0.
No. 162
By: Mr. Collins
Transfer of Funds
Exempt Items - Water
Capital Outlay - Water
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
$150,000 be and the same is hereby transferred from the Reserve for Capital
Improvements account and said sum is hereby reappropriated as set forth below:
From:
410 Division of Water
81-9 - Exempt Items
842 - Reserve for Capital Improvements $150,000
To:
410 Division of- Water
085 - Capital Outlays
960 - Special Structures and Fixed Equipment $150,000
PASSED.
AYES- 13 NOES- 0.
No. 163
By: Mr. Fahey
Request 2nd Party Property Tax and Water Billing Notification
as a Service for Senior Citizens
Whereas: A routine task such as paying a bill or managing a checking
account can become a difficult and sometimes frustrating experience for a
senior citizen who is a shut in or physically impaired; and
Whereas: Delinquent property tax and water bill accounts owed by seniors to
the city of Buffalo are not always attributable to a lack of funds for payment,
but in many cases the lack of mobility and access to do proper banking or bill
management; and
Whereas: Amending the City's property tax and water billing guidelines to
issue 2nd party bill notification would allow seniors the ability to redirect
the responsibility of bill payment and record management to others and also
facilitate a regular communication link between these senior citizens and
caring others; and
Whereas: Extending a 2nd party billing notification service to senior
citizens age 62 and older gives seniors the ability and peace of mind needed to
devote their time and energy to other everyday needs.
Now, Therefore Be It Resolved That:
This Common Council requests the Department of Public Works - Division of
Water and the Department of Assessment to amend their billing guidelines to
include a 2nd party billing service for senior citizens age 62 and older.
ADOPTED.
No. 164
By: Mr. Fahey
Set Public Hearing
Proposed Land Disposition Agreement For A Portion Of New Buffalo Industrial
Park Portion Of Disposition Parcel #2
Whereas, Edward J. Berger and/or other legal entity to be formed
(herein referred to as the "Redeveloper") has been duly designated as qualified
and eligible Redeveloper in accordance with the rules and procedures prescribed
by the City of Buffalo Urban Renewal Agency; and
Whereas, the City of Buffalo Urban Renewal Agency and the Redeveloper has
negotiated a Land Disposition Agreement for the disposition of Parcel 2 in the
New Buffalo Industrial Park.
Whereas, the terms of said Land Disposition Agreement have been approved
by the City of Buffalo Urban Renewal Agency; and
Whereas, said Land Disposition Agreement has been forwarded by the City
of Buffalo Urban Renewal Agency to this Common Council for action, pursuant to
section 507, subdivision 2(d) of the General Municipal Law; and
Whereas, Article 15A of the "General Municipal Law" requires that the
disposition of land in an Urban Renewal Project may be approved only after a
public hearing on due notice.
Now, Therefore, Be It Resolved:
1. That the City Clerk is hereby directed to publish the notice attached
hereto and marked "Notice of Hearing" in the Buffalo News, no later than the
day of 14th day of January 1994.
2. That this Common Council will conduct a Public Hearing on the matter
stated in said "Notice of Hearing" at 2:00 P.M. in the Council Chambers on the
25th day of January 1994.
ADOPTED.
No. 165
By: Mr. Franczyk
Review of Board of Education Budget
In Light of Loss of Funds
Whereas: The Buffalo school system has lost more than $4 million
in federal aid for special education programs during the last four years due to
possible mismanagement, including unspent monies and an inadequate
record-keeping system; and,
Whereas: In addition to the above-mentioned inadequacies, reports were not
filed on time, including a one-year filing report delay in 1991-92, and the
loss of more than $1-million in 1990-91; and,
Whereas: The report of lost funding due to possible bureaucratic
incompetence is intolerable, particularly in light of the fact that the Common
Council voted an extra "gift" of $3-million dollars to the Board of Education
above and beyond the recommended budget in fiscal year 1993-94; and,
Whereas: The extra Council money, given with no strings attached or no power
by the Council to determine its use, might be seen as pouring water through a
sieve; and in fact the "net loss" this year might be over a million dollars,
notwithstanding the Council's generosity; and,
Whereas: No elected authority appears to have sanction to exercise a serious
line by line scrutiny of the enormous Board of Education budget, with the
Council only having the power to add to the budget; and,
Whereas: Middle class families continue to pour out of the City of Buffalo
due to real or perceived inadequacies in Buffalo's education system, which is
only reinforced by reported financial mismanagement or incompetence; and,
Whereas: In addition to the loss of millions of dollars, which could have
been used for purposes other than solely for special education programs, a
possible $143 million judgement may loom over the city for 35% teacher raises;
Now Therefore Be it Resolved:
That The Common Council goes on record in support of a full and total
scrutiny of the Board of Education Budget process by the Buffalo Financial
Management Commission;
Be It Further Resolved:
That the Council refrain from dumping any extra monies onto the Mayor's
recommended budget for the Board of Education until a full review and analysis
of the budget, with an eye to substantial reform, is initiated and approved;
Be It Finally Resolved:
That this Common Council request a response from the School
Superintendent and the School Board regarding the loss of $4 million in federal
aid and their guarantee that such mismanagement, if accurate, will never occur
again.
ADOPTED.
No. 166
By: Mr. Franczyk
Appoint Robert Sienkiewicz To Broadway Market Board
Whereas: There is one Council vacancy on the Broadway Market Board;
and
Whereas: Robert Sienkiewicz, residing at 808 Fillmore Avenue, Buffalo, is
currently Executive Director of the Broadway-Fillmore Neighborhood Housing
Services; and,
Whereas: Mr. Sienkiewicz is qualified to serve on the Broadway Market Board;
he helped reorganize and is a current member of the Broadway Area Business
Association (BABA), he is familiar with the food industry and is Treasurer of
the North Buffalo Food Cooperative at 3144 Main Street, Buffalo, and is former
Manager/Coordinator of the Allentown Food Cooperative at 253 Allen Street;
Now Therefore Be It Resolved:
That the Common Council appoint Robert J. Sienkiewicz of 808 Fillmore
Avenue to the Broadway Market Board of Directors.
ADOPTED.
No. 167
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. American Red Cross
Claim for prior fiscal year Invoice 1920630 for services rendered to
Firefighter, James Michel a 207-A Benefit. Claimant won a grievance through
union arbitration. $75.00
2. Nathaniel Bell
Claim for reimbursement of money paid to the City by the claimant for damage to
a fire hydrant at Jefferson and Florida Street. Claimant's Insurance Company,
Allstate paid the City for this claim. $ 50.00
3. Eric Lawson, Jr.
Claim for the loss of three garbage cans. $ 24.12
4. Lippes, Silverstein, Mathias & Wexler Attorneys at Law
Claim for prior fiscal year invoice for professional legal services rendered to
the Department of Law regarding H-FERA Vs. City of Buffalo.
$86.97
5. Martha Lombardo
Claim for loss of garbage cans. $15.00
6 John S. Nigro
Claim for loss of garbage cans. $15.00
7. Quaker Bonnet, Inc.
Claim for loss of garbage cans. $24.00
8. Dolores A. Ruda
Claim for loss of garbage can. $12.00
9. Gail A. Samol
Claim for loss of garbage cans. $20.00
10. Cynthia J. and Lori Anne Steck
Claim for tire damaged by metal protruding from curb at 24 Coolidge Road which
was a previously reported hazardous condition $
89.05
11. Sisters Diagnostic Imaging
Claim for prior fiscal year invoice for services rendered to Police Officer
Louis Peterson who was injured on duty on June 21, 1992 and required medical
treatment for an injury to his lower back and left elbow. The Police Officer
was treated and remained on duty.
$ 85.12
Investigation by the Department of Law reveals that the above claims are
valid and payment is hereby recommended.
PASSED.
AYES- 13 NOES- 0.
No. 168
By: Mrs. LoTempio
Mayor-Elect Reconsider
Appointment of Police Commissioner
Whereas: Mayor-elect Anthony Masiello, along with his transition
team, is in the process of selecting candidates who will serve in top positions
in the new administration; and
Whereas: Mayor-elect Anthony Masiello's first appointment is R. Gil
Kerlikowske from Fort Pierce, Florida to the position of Police Commissioner
for the City of Buffalo; and
Whereas: It is stated that Mr. Kerlikowske will bring real leadership
qualities, education, and training, along with a national reputation as one of
the most innovative and progressive police chiefs in the country; and
Whereas: What Mr. Kerlikowske does not bring with him is a familiarity of
the people, streets, and neighborhoods which make up the City of Buffalo. He
will also have to become familiarized with our Police Department, which could
take months, delaying opportunities for meaningful change; and
Whereas: This appointment is a slap in the face to individuals living in the
City of Buffalo who had pursued the position of Police Commissioner; and
Whereas: To conclude that there is not a local candidate who offers equal
credentials and is familiar with the uniqueness of the city of Buffalo is
simply wrong and should be reconsidered.
Now, Therefore Be It Resolved That:
This Honorable Body encourages Mayor-elect Anthony Masiello to reconsider
the appointment of R. Gil Kerlikowske and appoint a qualified Buffalonian to
this position along with every appointment in his administration so that his
administration truly reflects the makeup of this city.
LAID ON THE TABLE.
AYES- AMOS, ARTHUR, BAKOS, BELL, COLLINS, COPPOLA, FAHEY, FRANCZYK, HIGGINS,
LOTEMPIO, PERLA, ZUCHLEWSKI- 12.
NOES- PITTS- 1.
No. 169
By: Mr. Perla
Lead Agency Designation-650 Delaware
Whereas: The Buffalo Preservation Board has requested Lead Agency
Status for purposes of SEQRA review of the proposed Walgreen Pharmacy at
Delaware and North Streets in the City of Buffalo; and
Whereas: pursuant to a public meeting several issues have been raised with
respect to the proposed action which are of concern to the Common Council;
Therefore Be It. Resolved That:
1. This Common Council denies Lead Agency Status as requested to be
conferred upon the Buffalo Preservation Board.
2. This Common Council hereby proposes that itself be designated Lead Agency
for the proposed action.
3. That the Buffalo Preservation Board be requested for its consent to the
designation of the Buffalo Common Council as Lead agency for the proposed
action.
ADOPTED.
AYES- AMOS, ARTHUR, BAKOS, BELL, COLLINS, COPPOLA, FAHEY, HIGGINS. LOTEMPIO,
PERLA, PITTS, ZUCHLEWSKI- 12.
NOES- FRANCZYK- 1.
No. 170
By: Mr. Pitts
Request Board of Ethics Opinion on the Possible Conflict of Interest
of a Parking Board Member Actively Bidding on City Parking Contracts
Whereas: A recent proposal to add a new parking lot at Michigan
Ave. between S. Division and Swan Streets for Erie Community College Students
is currently under review by Erie County; and
Whereas: A three year $54,720 bid submitted by developer Carl Paladino and
approved by the Erie County Department of Purchasing as reported in a 12/19/93
Buffalo News article, would enable him to provide student parking even though
his bid did not meet required zoning and space specifications; and
Whereas: Mr. Paladino's current position on the City of Buffalo Board of
Parking allows him to establish policy and procedures for parking standards
within the City of Buffalo; and
Whereas: Mr. Paladino's business of actively pursuing parking related
projects within the City of Buffalo while maintaining active membership with
the Board of Parking raises a question of a possible conflict of interest; and
Whereas: A question exists as to the ethical implications attributed to any
individual who is a member of a policy making board who then conducts business
within the realm of his authority for personal gain.
Now, Therefore Be It Resolved That:
This Common Council requests the Board of Ethics to determine the ethical
validity and possible conflict of interest of Carl Paladino's active pursuit of
City parking projects while maintaining active membership on the City of
Buffalo Parking Board.
REFERRED TO THE BOARD OF ETHICS.
No. 171
By: Mr. Pitts
Traffic Signal Seneca and Chicago Sts.
Whereas: The intersection of Seneca and Chicago Streets frequently
experiences high traffic volume; and
Whereas: Strong consideration should be given to the installation of a
traffic signal system at that intersection in order to alleviate congestion and
prevent accidents;
Now, Therefore Be It Resolved:
That the Department of Public Works be requested to report on the
feasibility of installing a traffic signal system at the intersection of Seneca
and Chicago Streets.
ADOPTED.
No. 172
By: Mr. Pitts
Waterfront Redevelopment Project Urban Renewal Plan, Major Plan
Amend to Portions of Disposition Parcels 19 & 20 of Waterfront Area A
Whereas, the Urban Renewal Plan for the Waterfront was duly approved
by the Common Council on October 22, 1963; and
Whereas, a portion of the urban renewal project area. known as "Area A"
(also known as "Waterfront Village") was amended by the Council in 1976; and
Whereas, the disposition parcels of land contained within the "Area A"
portion of the Waterfront Urban Renewal Plan area have no specific land use
designation; and
Whereas, the original "Area A" amendment recommended a breakdown of land
use percentages that would be used to guide the mix of development from the
project's inception to the build-out or completion phase; and
Whereas, there currently is approximately 8% of the "Area A" land used as
"public park/walkway", which is less than half of what was proposed in the 1975
amendment; and
Whereas, the Department of Community Development feels that portions of
disposition parcels 19 and 20 are ideally situated to be used as a potential
park due to the fact that this land provides a direct link from a public
right-of-way all the way to the water's edge; and
Whereas, the City Planning Board, after the required public hearing on
December 21, 1993, gave its unqualified approval to the plan amendment; and
Whereas, the Housing Act of 1949, as amended, and Article 15 of the
General Municipal Law, require that an Urban Renewal Plan Amendment be approved
only after a public hearing on due notice.
Now, Therefore, Be It Resolved:
1. That the City Clerk is hereby directed to publish the notice attached
hereto and marked "Notice of Hearing" in the Buffalo News and the City Record,
no later than January 28, 1994.
2. That this Common Council will conduct a public hearing on the matters
stated in said "Notice of Hearing" at 2:00 p.m. in the Council Chambers on
Tuesday, February 8, 1994.
ADOPTED.
AYES- AMOS, BAKOS, BELL, COLLINS, COPPOLA, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO,
PERLA, PITTS, ZUCHLEWSKI- 12.
NOES- ARTHUR- 1.
No. 173
By: Messrs. Pitts & Fahey
Set Public Hearing - Proposed Land Disposition Agreements for
a Portion of Oak Street Redevelopment Project NYR-197 -
Disposition Parcel 21 N/W/Corner of E. North
and Michigan Avenue
Whereas, Trammell Associates/MHT Holdings I, L.P., and/or other
legal entity to be formed (herein referred to as the ("Redeveloper") has been
duly designated as qualified and eligible Redeveloper in accordance with the
rules and procedures prescribed by the City of Buffalo Urban Renewal Agency;
and
Whereas, the City of Buffalo Urban Renewal Agency and the Redeveloper has
negotiated Land Disposition Agreement for the disposition Parcel 21 in the Oak
Street Redevelopment Project NYR-197; and
Whereas, the terms of said Land Disposition Agreement have been approved
by the City of Buffalo Urban Renewal Agency; and
Whereas, said Land Disposition Agreement has been forwarded by the City
of Buffalo Urban Renewal Agency to this Common Council for action, pursuant to
section 507, subdivision 2(d) of the General Municipal Law; and
Whereas, Article 15A of the "General Municipal Law" requires that the
disposition of land in an Urban Renewal Project may be approved only after a
public hearing on due notice.
Now, Therefore, Be It Resolved:
1. That the City Clerk is hereby directed to public the notice attached
hereto and marked "Notice of Hearing" in the Buffalo News, no later than the
14th day of January 1994.
2. That this Common Council will conduct a Public Hearing on the matter
stated in said "Notice of Hearing" at 2:00 P.M. in the Council Chambers on the
25th day of January 1994.
ADOPTED.
AYES- AMOS, BAKOS, BELL, COLLINS, COPPOLA, FAHEY, FRANCZYK, HIGGINS, LOTEMPIO,
PERLA, PITTS, - 11.
NOES- ARTHUR, Zuchlewski- 2.
No. 174
By: Mr. Zuchlewski
Appointments Commissioners of Deeds
Required for the Proper Performance of Public Duties
That the following persons are hereby appointed as Commissioner
of Deeds for the term ending December 31, 1994, conditional upon the persons so
appointed certifying under oath to their qualifications and filing same with
the City Clerk:
John M. Bagen
Teresa Rose
Rhonda Cannon
Peggy J. Feldmann
Elaine Garbe
Melinda Murphy
Patricia A. Nwaohu
Kevin J. Helfer
Lisa A. Vastola
Total 9
ADOPTED.
No. 175
By: Mr. Zuchlewski
Appointments Commissioners of Deeds
That the following persons are hereby appointed as Commissioner
of Deeds for the term ending December 31, 1994, conditional upon the persons so
appointed certifying under oath to their qualifications and filing same with
the City Clerk:
Charlene T. Pierino
Lori E. McVicar
Total 2
ADOPTED.
No. 176
Adjournment
On a motion by Mr. Fahey, Seconded by Mr. Higgins, the Council
adjourned at 3:40 p.m.
Charles L Michaux, III
City Clerk
Meeting Reported by Leonard G. Sciolino, Council and Committee Reporter.