HomeMy WebLinkAbout94-0125
1No. 2
Common Council
Proceedings
of the
City of Buffalo
Regular Meeting, January 25, 1994
MAYOR
Hon. Anthony M. Masiello
COMPTROLLER
Joel A. Giambra
COMMON COUNCIL
PRESIDENT OF THE COUNCIL
George K. Arthur
PRESIDENT PRO TEMPORE
David A. Franczyk
MAJORITY LEADER
James W. Pitts
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
David J. Czajka Lovejoy
David A. Collins Masten
Carl A. PerIa Jr. Niagara
Dale Zuchlewski North
Bonnie K.Lockwood South
Kevin J. Helfer University
REGULAR COMMITTEES
CIVIL SERVICE COMMITTEE
: Rosemarie LoTempio, Chairman, Alfred T. Coppola,
Eugene M. Fahey, Kevin J. Helfer, James W. Pitts, Members
CLAIMS COMMITTEE
: David A. Franczyk, Chairman, David J. Czajka, Kevin J.
Helfer, Bonnie K. Lockwood, Dale Zuchlewski, Members
ECONOMIC DEVELOPMENT COMMITTEE:
Carl A. Perla, Jr. Chairman, Clifford Bell,
David Collins, David A. Franczyk, Kevin J. Helfer, James W. Pitts, Members.
FINANCE COMMITTEE:
David A. Collins, Chairman, Clifford Bell, Eugene M. Fahey,
David A. Franczyk, Kevin J. Helfer, James W. Pitts, Members.
LEGISLATION COMMITTEE:
Alfred Coppola, Chairman, David J. Czajka, Kevn J.
Helfer, Rosemarie LoTempio, Carl A. Perla, Jr., Dale Zuchlewski Members
RULES COMMITTEE:
George K. Arthur, Chairman, Kevn J. Helfer, James W. Pitts,
Members
URBAN RENEWAL:
Clifford Bell, Chairman, Alfred T. Coppola, David J. Czajka,
David A. Franczyk, Kevin J. Helfer, Members
SPECIAL COMMITTEES
SPECIAL COMMITTEE ON CATV:
James W. Pills, Chairman, George K.
Arthur, Kevin J. Helfer, Rosemarie LoTempio, Dale Zuchlewski.
SPECIAL COMMITTEE ON EDUCATION:
Dale Zuchewski, Chariman, David J. Czajka, Kevn
J. Helfer, Rosemarie LoTempio, Carl A. Perla, Jr.
ERIE BASIN MARNA LEASE COMMITTEE:
James W. Pitts, Chairman, Kevin J. Helfer,
Bonnie K. Lockwood, Carl A. Perla, Jr.
TASK FORCES
AUDITORIUM AND STADIUM TASK FORCE:
James W. Pitts, Chairman, Clifford
Bell, Eugene M. Fahey, Kevin J. Helfer, Bonne K. Lockwood, Rosemarie LoTempio,
Corporation Counsel/Designee, Commissioner of Public Works/Designee,
Commissioner of Community Development/Designee, Commissioner of Administration
and Finance/Designee, President of Development Downtown.
PARKS CONSERVACY TASK FORCE:
David A. Franczyk, Chairman, Kevin J. Helfer, Dale
L. Zuchlewski, John Scardino, Robert Kresse, Pamela DiPalma, Mark Mistretta,
Albert Howard, Marge Miller, Patty Farrell, Jack McGowan, Thomas J. Barnes, Wes
Olmsted, Robert Meldrum, Paula Mulligan, Louise Snyder, Rev. Benny Sheppard,
Friends of Olmsted designee, Commissioner of Parks/Designee, Commissioner of
Public Works/Designee, Commissioner of Community Development/Designee.
POLICE REORGANIZATION TASK FORCE:
Eugene M. Fahey, Chairman; George K. Arthur,
Clifford Bell, Kevin J. Helfer, Rosemarie LoTempio. Michael Trimboli, Edward C.
Hempling, Kenneth R. Kirby, George J. Panepinto, Martha Dippel. James J.
McMahon, Craig Speers, William Dunford, Levirn Hill, John V. Elmore.
CORPORATION PROCEEDINGS
COMMON COUNCIL
CITY HALL- BUFFALO
Tuesday, January 25, 1994
at 2:00 P.M.
PRESENT- George K. Arthur, President of the Council, and Council
Members Bell, Collins, Coppola, Czajka, Fahey, Franczyk, Helfer, Lockwood,
LoTempio, Pitts, and Zuchlewski- 12.
ABSENT- Councilmember Perla- 1.
On a motion by Mr. Pitts, seconded by Mr. Fahey, the minutes of the stated
meeting held on January 11, 1994 were approved.
FROM THE MAYOR
No. 1
Appointment of Commissioner of Public Works
I, Anthony M. Masiello, appoint to the position of Commissioner
of Public Works Mr. Joseph N. Giambra, effective immediately.
Mr. Giambra's detailed knowledge of the workings of the Department of
Public Works, his many years of experience in the administration and management
of construction projects, and his commitment to consistently deliver services
of the highest quality qualify him for the position of Commissioner of Public
Works.
Mr. Giambra resides at 22 Taunton PI., Buffalo, N.Y. 14216. His salary
is $63,273.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
No. 2
Appointment of Commissioner of Community Development
I, Anthony M. Masiello, appoint to the position of Commissioner
of Community Development Mr. Daniel S. Bicz, effective immediately.
Mr. Bicz's ability to facilitate economic development, his knowledge of
the intricacies of economic development zones, his extensive experience with
cooperative efforts between the public and private sectors, and his proven
desire and ability to consistently deliver services of the highest quality
qualify him for the position of Commissioner of Community Development.
Mr. Bicz has established a residency at 693 Auburn Avenue. His starting
salary is $59,768.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
No. 3
Appointment of Commissioner of Human Resources
I, Anthony M. Masiello, appoint to the position of Commissioner
of Human Resources Mr. Michael V. Smith, effective immediately.
Mr. Smith's demonstrated ability to organize and coordinate a large scale
human service effort, his technical expertise in the provision of human
services, his extensive experience in the Department of Human Resources, and
his dedication to the consistent delivery of services of the highest quality
qualify him for the position of Commissioner of Human Resources.
Mr. Smith resides at 182 Oxford Ave., Buffalo N.Y. 14209. His salary is
$59,768.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
No. 4
Appointment of Commissioner of General Services
I, Anthony M. Masiello, appoint to the position of Commissioner
of General Services Mr. Alberto J. del Valle, effective immediately.
Mr. del Valle's broad-based and extensive experience in diverse fields of
financial management and cost/benefit analysis -- from accounting, cash
management, and public finance to the creation and operation of private
businesses, in combination with his proven desire and ability to consistently
deliver services of the highest quality to the people of Buffalo qualify him
for the position of Commissioner of General Services.
Mr. de Valle resides at 702 Elmwood Ave., Bflo, N.Y. 14222. His starting
salary is $54,650.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
No. 5
Appointment of Director of Aging
I, Anthony M. Masiello, appoint to the position of Director of
Aging Ms. Cleta Nunn, effective immediately.
Ms. Nunn's long history of providing assistance to the senior citizens of
our community -- including more than 12 years of work at Schiller Park and one
year at the Tosh Collins Community Center -- and her proven desire and ability
to consistently deliver services of the highest quality qualify her for the
position of Director of Aging.
Ms. Nunn resides at 129 Wright Ave., Buffalo, N.Y. 14215. Her starting
salary is $35,904.
RECEIVED AND FILED.
No. 6
Salary Ordinance Amendment Mayor Executive Function
A salary Ordinance Amendment has been filed with the City Clerk
for consideration by your Honorable Body at the Meeting of January 25. The
Amendment completes the restaffing for the Office of Mayor by:
* reducing the salary of Deputy Mayor to $1.00
* increasing the salary of Executive Staff Manager to
$45,000 from $40,500
* creating an exempt position of Special Assistant to the
Mayor at $40,000
* creating a second exempt position of Special Assistant
at $25,000
* restoring the position of Receptionist/Mayor at $23,938.
* and providing for the retaining of the services of a
Confidential Aide on a part time, hourly basis.
Since the Office of Deputy Mayor is a City Charter position it cannot be
eliminated by an ordinance amendment but the appropriations for the post can be
withdrawn as this Salary Ordinance Amendment provides. Two clerical positions
in the Mayor's Office, Senior Stenographer and Senior Typist, will he
eliminated as soon as the incumbents vacate them, on by retirement and the
other by transfer. The remaining two clerical positions, Telephone Operator and
Senior Stenographer will be retained.
As I indicated in an earlier communication to your Honorable Body, I have
been concerned that there has been no representative of our city's minority
communities on the immediate staff of the Mayor. The creation of the two
positions of Special Assistant to the Mayor as called for in this Ordinance
Amendment will correct that deficiency.
Finally, the position of Receptionist/Mayor has been an historic one and
its restoration will permit me to have the services of a staff person for the
important and sensitive task of meeting the stream of visitors that come to
this office daily.
With the approval of this proposed Salary Ordinance Amendment, the staff
for the Mayor's Office (Executive Department - Executive Function) will he:
Confidential Aide (2) $54,560
Executive Staff Manager $45,000
Special Assistant to Mayor $40,000
Special Assistant to Mayor $25,000
Receptionist/Mayor $23,938
Senior Stenographer $23,126
Telephone Operator $23,126
*Emergency Services
Coordinator $ 6,802
(This position to be eliminated in 94-95 budget)
With the elimination of the Emergency Services Coordinator, the number of
permanent staff positions in my office will be 8, the same number that was in
place on January 1. The cost of salaries for the revised permanent staff from
January 3 until the end of the year, June 30th, will be $142,638, an increase
of $37,323 over the cost of salaries for the original staff plan.
The reorganization I am proposing will make it possible for me to
assembly a personal staff with the range of special skills and experience I
feel are vital to my ability to properly and successfully serve as Mayor.
I will appreciate your support for it.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
No. 7
Residency - Stephen Banko
It has come to my attention that questions linger regarding my
residency in the City of Buffalo. With the intention of putting the issue to
rest, I am submitting a copy of my accepted purchase offer for property at 135
Harding Road in the city. I signed my VA mortgage application yesterday and
will receive a mortgage commitment within a week. My attorney indicates that
an end of March closing is anticipated and will take up actual and legal
residency at the Harding Road address by mid-April.
I trust this information will assist the Council in better understanding
the Masiello Administration's totality of commitment to city residency for
cabinet appointments. Should I be able to render further information that will
assist in that effort, I am at your disposal.
Attach.
RECEIVED AND FILED.
FROM THE MAYOR - EXECUTIVE DEPARTMENT
FROM THE CITY PLANNING BOARD
No. 8
J.B. Elite Inc. - Request to Expand Restaurant
at 3199 Main Street
Item No. 100, C.C.P., December 14, 1993
The City Planning Board at its regular meeting held Tuesday, January
18, 1994, considered the above request pursuant to Section 511-79.5 of the T.S.
zone.
The applicant seeks to add 77 square feet to the rear of his existing
restaurant. The expansion will allow for new pizza ovens. No other aspect of
the restaurant's operation will change due to the expansion.
The site is located in the Transit Station (T.S.) zone which considers
the expansion of eating and drinking places to be restricted uses which require
the approval of your Honorable Body. Lastly, under S.E.Q.R. the proposed
expansion is considered a Type II action which does not require further
environmental review.
The Planning Board voted to approve the proposed expansion.
RECEIVED AND FILED.
No. 9
University Methodist - Request to Erect a Ground Sign at 3344 Bailey Ave.
Item No. 90, C.C.P., December 28, 1993
The City Planning Board at its regular meeting held Tuesday, January
18, 1994 considered the above request pursuant to Section- 387-19 and 511-65 of
the Buffalo Code, Review of Ground Signs and Sign Standards of the
Kensington-Bailey District.
The applicant wishes to place a 10-foot high, illuminated, pole sign with
a sign face area of 32 square feet (4 feet by 8 feet). The sign will be placed
entirely on private property and will be accessory to a church.
The site is located in the Kensington-Bailey zone which does not permit
freestanding signs. Consequently the applicant has petitioned the Zoning Board
of- Appeals for a variance to allow the sign. Under S.E.Q.R. the proposed sign
is considered a Type II action which does not require further environmental
review.
The Planning Board voted to approve the proposed sign.
RECEIVED AND FILED.
No. 10
J. Scibetta - Request To Use a Portion of 26-28 Linwood for a Beauty Parlor
Item No. 60, C.C.P., January 11, 1994
The City Planning Board at its regular meeting held Tuesday, January
18, 1994, considered the above request pursuant to Section 511-12,K of the
Buffalo Code, Residential Beauty Parlors.
The applicant seeks to use a 13 foot by 25 foot area of his dwelling (325
square feet) as a one-chair beauty parlor. The beauty parlor would be located
entirely within his residence.
The site is located within an R4 zone which permits such uses only after
notice and a public hearing and individual approval is granted by your
Honorable Body. Under S.E.Q.R. the proposed beauty parlor is considered a Type
II action which does not require further environmental review.
The Planning Board voted to approve the residential beauty parlor.
RECEIVED AND FILED.
No. 11
A. DiPiano - Application To Use 2091 Seneca St.
For a Take-out Restaurant
Item No. 61, C.C.P., January 11, 1994
The City Planning Board at its regular meeting held Tuesday, January
18, 1994, considered the above application pursuant to section 511-64 of the
Buffalo Code, Seneca Street Special Zoning District.
The applicant seeks to convert an existing retail store into a take-out
restaurant. The grass floor area of the restaurant is approximately 300 square
feet.
The site is located in the Seneca Street Special Zoning District which
considers restaurants to be restricted uses requiring the approval of your
Honorable Body. Two off-street parking spaces are suggested by the Zoning
Ordinance. Lastly, under S.E.Q.R. the proposed restaurant is considered an
unlisted action which may be studied through uncoordinated review.
The Planning Board voted to approve the restaurant on the condition that
its signage comply with the regulations of the C1 zone.
RECEIVED AND FILED.
No. 12
Hertel Apts. Senior Housing - Request To Reduce Parking Requirements at 1631
Hertel Ave.
Item No. 68, C.C.P., January 11, 1994
The City Planning Board at its regular meeting held Tuesday, January
18, 1994, considered the above request pursuant to section 511-96,D,(2) of the
Buffalo Code, Waiver of parking requirements for housing for the elderly.
The applicant seeks to reduce the required spaces for dwelling units for
the elderly in the C2 zone by 40% as allowed under the Buffalo Code.
Specifically, in the C2 zone one off-street parking space is required for each
two dwelling units. The proposed elderly housing complex will have 141 such
units therefore requiring 70 off-street parking spaces. When reduced by 40%
(28 parking spaces), the required number of off-street spaces is 42 spaces.
After a presentation by the developer of the site, the Planning Board
voted to approve the proposed reduction.
RECEIVED AND FILED.
No. 13
D. Dzierzewski - Petition To Rezone 135 Dingens
from M2 to R3
Item No. 59, C.C.P., January 11, 1994
The City Planning Board at its regular meeting held Tuesday, January
18, 1994, considered the above petition pursuant to Section 511-126 of the
Buffalo Code, Amendments to the Zoning Ordinance.
The applicant seeks to rezone a 2,921 square foot lot from M2 to R3. The
purpose of the rezoning is to allow the owner to secure a homeowners mortgage
for the existing dwelling on the site.
Mortgage assistance has not been available while the site remains
industrially zoned (M2). Under S.E.Q.R. the proposed rezoning may be
considered an unlisted action which may be studied through uncoordinated
review.
The Planning Board voted to approve the requested rezoning.
RECEIVED AND FILED.
No. 14
Drescher Paper Box Inc. - Petition To Rezone 140 Mortimer from R3 to CM
Item No. 99, C.C.P., December 14, 1993
The City Planning Board at its regular meeting held Tuesday, January
18, 1994, considered the above petition- pursuant to Section 511-126 of the
Buffalo Code, Amendments to the Zoning Ordinance.
The applicant seeks to rezone a single lot measuring 2,125 square feet in
area from R3 to CM. The purpose of the rezoning will be to allow for the
expansion of the plant's- operation.
The property being rezoned is currently city-owned and vacant. No public
purpose is planned for the subject property. Under S.E.Q.R., the proposed
rezoning is considered an unlisted action which may be studied through
uncoordinated review.
The Planning Board voted to approve the proposed rezoning.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 15
Ellicott Development Inc. - Request To Sell City-owned Property at 42-44
Auchinvole St.
Item No. 17, C.C.P., December 28, 1993
The City Planning Board at its regular meeting held Tuesday, January
18, 1994, considered the above request pursuant to section 317 of the City
Charter, Reports to the Common Council.
The applicant seeks to purchase 42-44 Auchinvole which is city-owned and
was used as a RAP (Residential Area Parking) lot. The lot, which measures 59
feet by 86 feet, will be developed in conjunction with 142 Grant Street as a
Rite Aid Pharmacy.
The City Planning Board has no objection to the sale of the subject
property but notes that 42 Auchinvole is zoned R2, and that the developers must
reconcile their project to the R2 zone.
REFERRED TO THE COMMITTEE ON FINANCE.
FROM THE PRESERVATION BOARD
No. 16
Proposed "Cobblestone" Local
Historic Preservation District Designation
At its regular meeting January 6, 1994, the Buffalo Preservation
Board, having conducted a public bearing on December 9, 1993, as required by
the Preservation Standards of the Buffalo Code, recommended designation of the
proposed "Cobblestone" Historic Preservation District, as a local historic
district. The area to be designated is bounded by Perry Street on the north,
Columbia Street on the east, South Park Avenue on the south and Main Street on
the west: this area includes the portions of the following streets running
north and south between Perry Street and South Park Avenue: Washington,
Indiana, Illinois, Mississippi and Baltimore.
This recommendation is the result of findings contained in a report
prepared by the Board's Landmark Designation Committee. A copy of the
Committee report and the Application for Designation of Historic
District/Photos are enclosed for your information. (refer to Attachments 1 &
2).
The Preservation Board determined that this district meets the following
criteria specified in the Code for Designation of Landmarks and Districts:
a) the district has character, interest or value as part of the development
and heritage of the City of Buffalo;
b) the district exemplifies the historic and economic heritage of the city:
c) the district embodies distinguishing characteristics of architectural
styles valuable for the study of periods, types and methods of construction;
d) the district embodies elements of design, detailing, materials, or
craftsmanship that render the structures architecturally significant.
The recommended designation is for the following properties for which
each owner is listed:
Owner Property
1. Mr. Edward J. Berger, Jr. 32-34 Illinois Street
34 Illinois Street (The Oldman Boiler Works)
Buffalo, NY 14203
2. Mr. James Hohensee, Jr. 43-47 Illinois Street
43 Illinois Street
Buffalo, NY 14203
3. Buffalo Wholesale Supply 49-53 Illinois Street
c/o John C. McKendry, III (Buffalo Wholesale Supply)
79 Perry Street
Buffalo, NY 14203
4. Mr. John C. McKendry, III 55 Illinois Street
79 Perry Street
Buffalo, NY 14203
5. Peerless Mill Supply Co., 79-83 Perry Street
Inc./Niagara Insulations, (Peerless Mill Supply Co., Inc./
Inc. Niagara Insulations, Inc., Great
79 Perry Street Lakes Artifacts Repository)
Buffalo, NY 14203
6. Benlin-Knowlton Dist., 89-97 Perry Street
Centers, Inc. (a.k.a. 26 Mississippi Street)
2769 Broadway (Benlin-Knowlton Dist. Ctrs, Inc.)
Buffalo, NY 14227
7. James & Mary A. Downing 110-114 South Park Avenue
12 Islewoods Drive
Grand Island, NY 14072
8. Mr. Edmund Rudnicki 118-120 South Park Avenue
83 Klas Avenue (Blacksmith Shop)
West Seneca, NY 14224
9. Benlin-Knowlton Dist., 130 South Park Avenue
Inc.
2769 Broadway
Buffalo, NY 14227
Pursuant to Article III, Sections 337-9 through 12, of the Preservation
Standards, the Committee on Legislation shall hold a public hearing on this
item and report back to the Common Council with a recommendation on its
findings.
For the record, the vote by the Preservation Board on this item was as
follows:
AYES: Bis, Brady, Conlin, Deck, Levin, McCartney, Rand, Rumsey
NAYES: None
ABSENT: Leary, Montague
Motion carried.
The application was prepared and submitted by:
The Preservation Coalition of Erie County
c/o Wanda Terry
P.O. Box 768
Buffalo, NY 14213
If you have any questions, please contact Thomas W. Marchese, Board
Secretary, at extension 5029.
REFERRED TO THE URBAN RENEWAL AGENCY COMMITTEE.
FROM THE COMPTROLLER
No. 17
Renewal Option - Lease Agreement Between the City of Buffalo and St. Ambrose
School,
For Use Of Rms 225, 226 & 236
Item #16, C.C.P. 3/3/92
Your Honorable Body authorized the leasing of Rooms 225, 226 and
236 of former School #29 to St. Ambrose School. This lease agreement was for a
two (2) year period commencing March 1, 1992 and ending February 28, 1994.
This office has received a request from St. Ambrose School, Rev. Msgr.
William G. Stanton, Pastor, to exercise their option to renew said lease for an
additional two 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 March 1, 1994 through February 28,
1996. This reflects the fourth renewal option of their lease agreement.
This office recommends Your Honorable Body approve St. Ambrose School's
request to renew their lease for an additional two year term, commencing on
March 1, 1994 to February 28, 1996. 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. Pitts moved:
That the communication from the comptroller, dated January 10, 1994, be
received and filed; and
That the comptroller be, and he hereby is, authorized to renew the lease
with St. Ambrose School, Rev. Msgr. William G. Stanton, Pastor for the use of
various rooms at former School 29, namely rooms #225, 226 and 236, for a two
year period, to commence on March 1, 1994 and expire on February 28, 1996, with
the lessee to save the city harmless from any liability and to provide
insurance therefore as set forth per item No. 197, C.C.P., March 31, 1987.
That the Corporation counsel shall prepare the necessary lease renewal and that
the Mayor be authorized to execute the same.
PASSED.
AYES- 12 NOES- 0.
FROM THE COMMISSIONER OF ASSESSMENT
No. 18
Certiorari Proceedings
163-169 Broadway
Item No. 49, C.C.P. 12/28/93
An assessment of $70,000 was placed on the property located at
163 Broadway for the tentative assessment roll of December 1, 1992 for fiscal
year 1993-94. The property owner of 163 Broadway filed a certiorari action
against the assessment of $70,000 for the fiscal year of 1993-94. Upon my
direction, an Assessor made an interior and exterior inspection of the
aforementioned property during the fall of 1993. In addition, the Assessor
reviewed the income and expense statement and rent rolls for this property.
The Assessor concluded that based upon his inspection and income and expense
analysis that the fair market value of the property for fiscal year 1993-94 was
$55,000 and not $70,000. Therefore, based upon the Assessor's findings,
reducing the assessment from $70,000 to $55,000 is warranted. The proposed
$15,000 reduction in assessed valuation will result in a City refund of
approximately $552.89 for fiscal year 1993-94. The City will not incur any
cost due to interest because the owner has agreed to waive his rights to any
accrued interest. I am recommending that Your Honorable Body accept this out
of court settlement. In the event this out of court settlement is rejected by
Your Honorable Body, the City will have to incur the cost of a fee appraisal
and proceed to court in order to settle the certiorari. It is my opinion that
a City ordered fee appraisal would result in a market value of approximately
$55,000 for this property. Therefore, I recommend that this out of court
settlement be approved by Your Honorable Body.
As for the property located at 167 Broadway, an assessment of $100,000
was placed on the property located at 167 Broadway for the tentative assessment
roll of December 1, 1992 for fiscal year 1993-94. The property owner of 167
Broadway filed a certiorari action against the assessment of $100,000 for the
fiscal year of 1993-94. Upon my direction, an Assessor made an interior and
exterior inspection of the aforementioned property during the fall of 1993. In
addition, the Assessor reviewed the income and expense statement and rent rolls
for this property. The Assessor concluded that based upon his inspection and
income and expense analysis that the fair market value of the property for
fiscal year 1993-94 was $75,000 and not $100,000. Therefore, based upon the
Assessor's findings, reducing the assessment from $100,000 to $75,000 is
warranted. The proposed $25,000 reduction in assessed valuation will result in
a City refund of approximately $921.89 for fiscal year 1993-94. The City will
not incur any cost due to interest because the owner has agreed to waive his
rights to any accrued interest. I am recommending that Your Honorable Body
accept this out of court settlement. In the event this out of court settlement
is rejected by Your Honorable Body, the City will have to incur the cost of a
fee appraisal and proceed to court in order to settle the certiorari. It is my
opinion that a City ordered fee appraisal would result in a market value of
approximately $75,000 for this property. Therefore, I recommend that this out
of court settlement be approved by Your Honorable Body.
REFERRED TO THE COMMITTEE ON FINANCE.
FROM THE COMMISSIONER OF PUBLIC WORKS
No. 19
Monthly Report of Licenses Issued in December 1993
I am respectfully submitting the enclosed report of licenses issued
in the month of December 1993 by the Division of Licenses.
RECEIVED AND FILED.
No. 20
"No Parking Here to Corner" Sign at
511 Genesee (at Camp Street)
Item No. 145, C.C.P. 11/03/93
This is in response to the above reference Common Council Communication.
This communication requested that the Department of Public Works remove or move
the present "No Parking Here to Corner" sign at #511 Genesee Street.
This Department's Traffic Engineering Section investigated this request
and found that the sign could be moved closer to the corner. Consequently, a
work order was written to move the sign and all work necessary to accomplish
this task was completed by December 29, 1993.
RECEIVED AND FILED.
No. 21
RFP - Private Operation of Animal Shelter
Item No. 168, C.C.P. 11/3/93
In request to the above resolution which has just come to my attention,
I feel that this should be sent to the Commissioner of Street Sanitation as the
animal shelter is under his control.
As always if he needs any assistance, he may feel free to contact me.
REFERRED TO THE COMMITTEE ON FINANCE, THE CORPORATION COUNSEL AND THE
COMMISSIONER OF STREETS.
No. 22
Request 2nd Party Property Tax and Water Billing Notification as a Service for
Senior Citizens
Item No. 163, C.C.P. 12/28/93
Please be advised the Division of Water has requested Data Processing
to look into the possibility of developing a program to issue second party
water bill notifications for Senior Citizens.
Once a response is received, it will be forwarded to your Honorable Body
for review.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 23
Claim For Wages-Various Employees
From January 17 through January 30, 1994 members of the crew of
the Cotter worked while an agreement was being formulated to cover various
aspects of their employment. On May 1, 1993 each employee should have been
transferred from the Engineering Division to the Buildings Division and their
salaries set at $30,000. Due to the fact that the above mentioned agreement
was not finalized and approved by the Budget Director, the Civil Service
Commission and your Honorable Body, the proper appointments could not be filed.
The Comptroller has thus ruled that a claim must be approved by your Honorable
Body to pay these employees.
I respectfully request that you authorize the Comptroller to issue the
following payments for time worked from January 17 through January 30, 1994:
George Evans 10 days @ $114.922 per day = $1,149.22
Michael Farrel 10 days @ $114.922 per day = $1,149.22
John Harter 10 days @ $114.922 per day = $1,149.22
Joseph Kalinowski 10 days @ $114.922 per day = $1,149.22
William Robinson 10 days @ $114.922 per day = $1,149.22
In addition please pay for any shift differential, holiday or overtime
pay.
Mr. Pitts moved:
That the communication from the Department of Public Works, dated January
14, 1994, be received and filed; and
That the Comptroller be, and he hereby is authorized to issue payments
for time worked from January 17, 1994 through January 30, 1994 to the
individuals listed and in the amounts specified in the above communication.
PASSED.
AYES- 12 NOES- 0.
No. 24
Solicitation of Funds
Excalibur Leisure Skills Ctr., Inc. 2/17-2/20/94
Attached is an application for Solicitation of Funds for Excalibur
Leisure Skills Center, Inc. to solicit funds in the Convention Center for the
1994 Great Lakes Fishing & Outdoor Expo to be held February 17 through February
20, 1994. In accordance with Chapter 316, Article VI of the City of Buffalo
Ordinances, I hereby refer this matter to your Honorable Body.
REFERRED TO THE COMMITTEE ON FINANCE, THE CORPORATION COUNSEL AND THE
CONVENTION CENTER MANAGEMENT BOARD.
No. 25
Solicitation of Funds
Excalibur Leisure Skills Ctr. Inc. 3/24-3/28/94
Attached is an application for Solicitation of Funds Permit for
Excalibur Leisure Skills Center, Inc. to solicit funds in the Convention Center
for the 1994 Boat Show to be held March 24 through March 28, 1994. In
accordance with Chapter 316, Article VI of the City of Buffalo Ordinances, I
hereby refer this matter to your Honorable Body.
REFERRED TO THE COMMITTEE ON FINANCE, THE CORPORATION COUNSEL AND THE
CONVENTION CENTER MANAGEMENT BOARD.
No. 26
Encroachment Roswell Park; Underground Utilities
Within City Right Way.
Ms. Carol J. Maynard, Project Coordinator for the New York State
Dormitory Authority, has requested permission to install various underground
utilities within City right of way at Roswell Park Cancer Institute.
The proposed utilities are necessary in order to continue the major
modernization project now underway.
The encroachments into City right of way are as follows:
a. Approximately 470 lineal feet of electric duct bank on the west side
of Michigan between High and Carlton Streets.
b. Approximately 175 lineal feet of steam and condensate, 380 lineal feet
of water line and 170 lineal feet of electric duct bank in Carlton Street
between Oak and Ellicott Streets.
c. Approximately 40 lineal feet of storm and sanitary sewer lines in
Virginia Street between Elm and Ellicott Streets.
The Department of Public works has reviewed this application pursuant to
Chapter 413-67 (Encroachment Regulations) of the City Ordinances and has no
objection to Your Honorable Body authorizing the Commissioner of Public works
to issue a "Mere License" for said encroachments provided the following
conditions are met:
1. That the applicant obtain any and all other City of Buffalo permits
required for said installation.
2. That the applicant be responsible for restoration of all City right of
way disrupted during installation.
3. That the applicant provide the Department of Public works, Buffalo
water Authority, and Buffalo Sewer Authority with a set of as built" plans
showing the exact location of all utilities installed.
4. That the applicant provide the Department of Public works with an
Owners and Contractors Protective Insurance Policy identifying the City of
Buffalo as named insured covering all above mentioned installations which
policy shall provide in the aggregate a two million dollar limit per year for a
term of five years.
Mr. Pitts moved:
That the communication from the Department of Public Works, dated January
19, 1994, be received and filed; and
That the Commissioner of Public Works be and he hereby is, authorized to
issue a "mere license" to Ms. Carol J. Maynard, Project Coordinator for the New
York State Dormitory Authority, to install various underground utilities within
city right-of-way at Roswell Park Cancer Institute, as more fully described in
the above communication and subject to the conditions stated in the above
communication.
PASSED.
AYES- 12 NOES- 0.
No. 27
Permission To Hire A Consultant
To Address Flagged Bridges
I hereby request permission from your Honorable Body to authorize
the Commissioner of Public Works to enter into an agreement with a Consultant
Engineer to perform the necessary design, inspection and load-rating work
required to address flagged conditions assessed by the New York State
Department of Transportation. Biannually the State inspects all bridges in the
City and flags any conditions that are in need of repair. After the repair
design is complete we will get a minimum of 3 informal bids from contractors to
do the repair and report the results to the Council.
Therefore, the Commissioner of Public Works is asking for permission to
hire a consultant on a 12 to 18 month contract not to exceed $100,000.00 to do
this work.
Funds for this work are available in Bond Funds 200-401-021, 200-401-023
and 200-401-307.
Mr. Pitts moved:
That the communication from the Department of Public Works dated, January
11, 1994 be received and filed; and
That the Commissioner of Public Works be, and he hereby is authorized to
enter into an agreement with a Consultant Engineer to perform the necessary
design, inspection and load- rating work required to address flagged conditions
assessed by the New York State Department of Transportation, in an amount not
to exceed $100,000.00 with said cost to be charged to Bond Funds 200-401-021,
200-023 and 200-401-307.
ADOPTED.
No. 28
Report of Bids
New Burner Police Headquarters
I asked for and received the following Informal Proposals for
the New Burner for Police Headquarters on January 13, 1994.
Colgate Heating Corp. 19,500.00
Bison Blower Co. 21,350.00
Industrial Heating Services 23,950.00
I hereby certify that the foregoing is a true and correct statement of
all bids received and that Colgate Heating Corp. in the amount of $19,500.00 is
the lowest responsible bidder in accordance with the plans and specifications.
I recommend that Your Honorable Body authorize the Commissioner of Public
Works to order the work on the basis of the low bid. Funds for this work are
in B/F 200-402-513 - Division of Buildings.
Estimate for this work was $19,900.00
Mr. Pitts moved:
That the communication from the Department of Public Works dated January
18, 1994, be received and filed; and
That the Commissioner of Public Works be, and he hereby is authorized to
award a contract for the New Burner for Police headquarters to Colgate Heating
Corp., the lowest responsible bidder in the amount of $19,500.00, with said
cost to be charged against B/F 200-402-513 Division of Buildings.
PASSED.
AYES- 12 NOES- 0.
No. 29
Emergency Repairs to Traffic Signals at Delaware & Mohawk Due to Crane Collapse
This communication is to notify your Honorable Body of emergency
repair work done to the traffic signals located on Mohawk Street at Delaware
Avenue.
On July 20th, 1993, while constructing the new Federal Building on the Nw
corner of Mohawk/Delaware, the general contractor, Concept Construction, had a
crane collapse across Delaware Avenue. This collapse damaged, amongst many
things, the aforementioned traffic signals. The City Engineer deemed the
situation a safety hazard to pedestrians and motorists and ordered emergency
repairs be made to the signal system at this intersection. Falerio Electric
company was contacted and made the necessary repairs.
The cost of said repairs was $9,878.00 and was charged to account
#200-006-00-000. Concept Construction has already reimbursed the City this sum.
Mr. Pitts moved:
That the communication from the Department of Public Works, dated January
11, 1994, be received and filed; and
That the Commissioner of Public Works be, and he hereby is, authorized to
award a contract for the Emergency Repairs to Traffic Signals at Delaware and
Mohawk to Falerio Electric Company, in the amount of $9,878.00, with said cost
to be charged to 200-006-00-000.
PASSED.
AYES- 12 NOES - 0.
No. 30
Emergency Repairs to Michigan Avenue Lift Bridge
Item #28. CCP of 12-14-93
This is to inform Your Honorable Body that per Item #28, CCP of
12/14/93, I have received informal bids for the Emergency Repairs at the
Michigan Avenue Lift Bridge.
The following bids were received:
Contractor Bid
1) Gateway Welding Inc. $6,400.00
2) Honan Construction Corp. No Bid Received
3) Paul J. Gallo Contractors No Bid Received
I hereby certify that the lowest responsible bidder for the above project
is Gateway Welding Inc., and I respectfully recommend that Your Honorable Body
order the work and the cost thereof to be charged to the Division of
Engineering Bond Funds 200-401-021, 200-401-023 and 200-401-507 in an amount
not to exceed $6,400.00.
Mr. Pitts moved:
That the communication from the Department of Public Works, dated January
11, 1994, be received and filed; and
That the Commissioner of Public Works be, and he hereby is, authorized to
award a contract for the Emergency Repairs to the Michigan Avenue Lift Bridge
to Gateway Welding Inc., the lowest responsible bidder in the amount of
$6,400.00, with said cost to be charged against Division of Engineering Bond
Funds 200-401-021, 200-401-023 and 200-401-507 in an amount not to exceed
$6,400.00.
PASSED.
AYES- 12 NOES- 0.
No. 31
Emergency Work at Ferry Street Lift Bridge
This is to advise your Honorable Body that on December 22, 1993
the New York State Department of Transportation issued Yellow Structural Flags
to the West Ferry Street Lift Bridge over the Black Rock Channel. Due to the
nature of this flagged condition it was recommended by the New York State
Department of Transportation that the City of Buffalo may have to lower the
load posting on this structure.
Because of the present load posting on the bridge a lower posting may
hinder certain vehicle access to Bird Island and the Buffalo Sewer Authority
such as Sewer Authority trucks and possibly rescue equipment used by the
Buffalo Fire Department.
Therefore, the City Engineer has declared an emergency situation at the
West Ferry Street Lift Bridge. This is to inform your Honorable Body that the
Department of Public Works is currently in the process of selecting a
Consulting Engineer to design repairs for this structure. Upon completion of
the repair detail the Department of Public Works will seek a minimum of three
informal bids for the repair work.
Funds for this work are available in Engineering Bond Funds 200-401-023,
200-401-021 and 200-401-507.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 32
Change in Contract Air Conditioning Reconstruction Crane Branch Library- 633
Elmwood Avenue
I herewith submit to Your Honorable Body the following change
in contract for Colgate Heating Corp. Order No. 11013900:
1. Replace drain pan on 1st floor air handling unit. Add $450.00
The deteriorated drain pan was not evident during the bidding documents
preparation. After disassembly of unit during the construction process the
defective drain pan was discovered.
The foregoing change results in a net increase in the contract of Four
Hundred Fifty and 00/100 Dollars ($450.00)
Summary
Original Amount of Contract $17,989.00
Amount of this change (No. 1) Add 450.00
Revised Amount of Contract $18,439.00
This change could not be foreseen at the time contract was let. Costs
have been reviewed by the Department of Public Works and found to be fair and
equitable. Funds for this work are in B/F 200-402-050 - Division of Buildings.
I recommend that Your Honorable Body authorize the Commissioner of Public
Works to issue a change order to the contractor as set forth above.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 33
Reduce Retention
Southside and Stevenson Bridges
I hereby request permission from your Honorable Body to authorize
the Commissioner of Public Works to reduce the retention to Paul J. Gallo
Contracting, Inc. to $1,000.00 which is approximately twice the amount of work
remaining (approximately $500.00) on the Stevenson Bridge. Due to the weather
conditions, the contractor was told to delay a portion of the painting of the
Bridge until the Spring of 1994.
Contract Summary:
Total Amount of contract $81,644.40
Original Retention Held ($8164.44)
Retention Reduced to 1,000.00
$80,644.40
Less Previous Payments -73,479.96
Amount due contractor $ 7,164.44
Therefore, I respectfully request the change in retention to Paul J.
Gallo Contracting Inc.
Mr. Pitts moved:
That the communication from the Department of Public Works, dated January
11, 1994, be received and filed; and
That the Commissioner of Public Works be, and he hereby is, authorized to
reduce the retention to Paul J. Gallo Contracting, Inc. to $1,000.00 for work
remaining on the Stevenson Bridge.
PASSED.
AYES- 12 NOES- 0.
FROM THE COMMISSIONER OF PARKS
No. 34
Advertised For Bids - Delaware Park Juicery
We are requesting authorization of Your Honorable Body to proceed
with developing specifications and advertising for bids for the concession at
Delaware Park known as the Juicery.
The Juicery lease expires March 31, 1994.
We are aware that the Delaware Park Master Plan could result in the
relocation of the physical site of the Juicery concession building.
REFERRED TO THE COMMITTEE ON FINANCE AND THE DELAWARE PARK STEERING COMMITTEE.
No. 35
Advertise For Bids - LaSalle Concession
We are requesting authorization of Your Honorable Body to proceed
with developing specifications and advertising for bids for the concession at
LaSalle Park. A brand new concession building has been constructed opposite the
LaSalle Park Pavilion.
Mr. Pitts moved:
That the communication from the Department of Parks dated, January 14,
1994 be received and filed; and
That the Commissioner of Parks be, and he hereby is authorized to proceed
with developing specifications and advertise for bids for the concession at
LaSalle Park.
ADOPTED.
FROM THE COMMISSIONER OF POLICE
No. 36
Checks Received
Item No. 104, C.C.P. 2/2/88
Per C.C.P. No. 104 of February 2, 1988, attached hereto, please
find copies of the following checks:
8155-00096143 $ 740.05
8155-00096014 1,762.15
8155-00096055 1,256.15
8155-00096271 656.20
8155-00096270 2,691.95
Total $7,106.50
These checks were received by this Department and duly deposited in Trust
& Agency Account # 630-065-271-00-000.
RECEIVED AND FILED.
FROM THE COMMISSIONER OF FIRE
No. 37
Appointment Deputy Commissioner of Fire
I hereby appoint the following employee to the Non Competitive
position of Deputy Commissioner, effective January 3, 1994 at the salary of
$68,120.00:
Edward W. James
132 Loandale Road
Buffalo, NY
RECEIVED AND FILED.
No. 38
Appointment Deputy Commissioner of Fire
I hereby appoint the following employee to the non competitive
position of Deputy Commissioner, effective January 3, 1994 at the salary of
$68,120.00:
Charles S. Cala
209 Crestwood Avenue
Buffalo, NY 14216
RECEIVED AND FILED.
FROM THE CORPORATION COUNSEL
No. 39
Settlement of City v. Patrini Shoes, et al.
The Law Department is recommending settlement of the above-captioned
matter for a payment to the City of $90,000.00 by defendant's insurer, the
Continental Insurance Company.
The settlement amount would represent approximately fifty percent of
General Municipal Law 207 benefits paid to former police officer Lori Mourgas
as a result of a July 3, 1987 traffic accident. A confidential write-up,
including the facts underlying the lawsuit and reasons for settlement, is being
provided to each councilmember under separate cover.
Mr. Pitts moved:
That the communication from the Department of Law, dated January 18,
1994, be received and filed; and
That the Corporation Counsel be, and he hereby is, authorized to accept
the settlement from Continental Insurance Company for $90,000.00 in full
settlement of the benefits paid to former police officer Lori Mourgas as a
result of a July 3, 1987 traffic accident.
PASSED.
AYES- 12 NOES- 0.
No. 40
Liability Aspects of Bikeway Designation
Item No. 22, C.C.P. 01/11/94
The above item has been referred to the Law Department for an
opinion. For this particular matter, the Corporation Counsel would prefer that
you meet in Executive Session with Law Department staff.
We suggest such a meeting might be arranged to follow your next scheduled
meeting of your Committee on Legislation.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 41
Reduction in Parking Spaces for Hertel Park Elderly Housing
Opinion No. 94-4
Item No. 63, C.C.P., Jan. 11, 1994
Your Honorable Body has requested an opinion regarding the legality
of permitting Hertel Park Associates, the developer of Hertel Park Elderly
Housing at 1607 to 1631 Hertel Avenue (the "Project"), to reduce the number of
parking spaces otherwise required to be provided under the Buffalo City Code,
Article 19, Sec. 511-96 (A).
Under Section 511-96 (D) (2), in the case of apartment houses designed
for and occupied by persons sixty years of age and over, the Common Council has
authority to reduce the number of parking spaces to not less than forty percent
of that required under Section 511-96 (A). As provided in Section 511-96 (D)
(2), the Common Council may grant such a reduction by means of a resolution,
such as that introduced by Mr. Coppola (Item No. 63, C.C.P., January 11, 1994).
Section 511-96 (D) (2) also authorizes the Common Council to impose terms
and conditions as a requirement for granting a reduction. Section 511-96 (D)
(3) (a) through (d) specifies certain conditions which may be imposed.
Although these conditions do not include the condition that the resulting
reduction not affect designated parking for disabled persons or retail spaces,
the proposed resolution properly incorporates such a condition pursuant to
authority granted under Section 511-96 (D) (2).
RECEIVED AND FILED.
No. 42
Residency Requirement/Confidential
Aide Appointments
Opinion No. 94-1
Item No. 35, C.C.P., Jan. 11, 1994
We are in receipt of your request for further research and additional
information with respect to the above Item. You have also requested an opinion
whether a City Ordinance can be superseded by an appointing authority, and
whether city residency is a prerequisite for an appointment.
In light of the fact that your second, specific request, was not received
by this office until January 19, 1994, we are unable to respond by the 2:00 PM
filing deadline of January 20, 1994.
Thus, we will respond to your inquiries as soon as possible.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
No. 43
Re-Convey 717 Sherman
Res. No. 66, CCP, January 11, 1994
The Law Department will review the matter and take the necessary
steps to reconvey 717 Sherman Street to its owner before the tax foreclosure.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 44
Z. Bernstein, M.D. -Forgive Water Bill - 175 10th
Item No. 54, C.C.P. 1/11/94
The referenced communication asks for the forgiveness of a water
bill in the amount of $838.28. Water charges are fees imposed for a service
rendered and a municipality may not waive the charge for the service unless
there is evidence that the service was not provided or there was substantial
error in the calculation of the charge. There appears to be no such evidence
in this case.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 45
L. Goins - Claim for Pay Lost On Suspension
Item No. 56, January 11, 1994
The referenced communication asks that the Common Council compensate
a police detective for the period he had been suspended without pay Generally,
this is a matter within the administrative prerogative of the Commissioner of
Police. In any event, there appears to be no stated legal basis upon which the
Common Council could authorize payment to an employee for a period he did not
work.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 46
Proposal to Waive Inspection
Fees for Privately Owned Wheelchair Lifts
For Persons with Disabilities
Opinion No. 94-5
Item No. 58, C.C.P., Jan. 11, 1994
You have asked whether the City of Buffalo can waive the inspection
fee for private residence wheelchair lifts.
The City does not have the authority to waive the inspection fee since
the fee is not mandated by the Code and is determined and charged by
independent licensed inspection entities in the private sector. The City could
waive the construction permit fee (Buffalo Code 167-14), the certificate of
operation fee (Buffalo Code 167-15 (A)), or the three (3) year renewal fee
(Buffalo Code 167-15 (B) (C), required for private residence wheelchair lifts.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 47
Code of Ethics Bar to Appearances
By Former Councilmember Norman Bakos
Opinion No. 94-3
Item No. 44, 45, & 46, C.C.P., January 11, 1994
This opinion is provided in response to your inquiry regarding
the applicability of the City of Buffalo Code of Ethics to appearances before
the Common Council by former Councilmember Norman Bakos.
As you may know, the Code of Ethics contains a general proscription
against appearances by former City officials before any agency of the City in
relation to matters in which they personally participated in the course of
their service to the City. Section 12-13 provides as follows:
No city officer or employee shall, after the termination of service or
employment with such municipality, appear before any agency of the city or
receive compensation for services in relation to any specific case, proceeding,
application or matter before a city agency or against the city's interest in
which he or she personally participated in the course of his or her service or
employment.
Buffalo City Code, Chapter 12, art. l, Sec. 12-13. The term "city
agency" includes every "officer, department, division, court, board, or
commission" of the City. Buffalo City Code, Chapter 1, art. 2, Sec. 1-13.
In our opinion, Section 12-13 bars any former city official, including
Mr. Bakos, from appearing before any city agency, including the Common Council
and/or its Committees, in relation to any matter in which he or she personally
participated in the course of his or her service as a city official.
Thus, if during his term of office as a Councilmember, Mr. Bakos
personally participated in any matter and/or application relative to the above
Items numbered 44, 45, and 46 of the Common Council Proceedings of January 11,
1994 and/or any other Items which are the derivational counterparts of the same
matter or application, he may not appear before the Common Council in relation
to them after midnight, December 31, 1993, when his term of office expired.
REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT AND BUFFALO URBAN RENEWAL
AGENCY.
FROM THE COMMISSIONER OF COMMUNITY DEVELOPMENT
No. 48
D. Dzierzewski - Petition to rezone 135 Dingens
from M2 to R3
Item No. 59, C.C.P., January 11, 1994
Attached for your information is the Short Environmental Assessment
Form for the matter captioned above.
Mr. Pitts moved:
That the communication from the Commissioner of Community Development,
dated January 19, 1994, be received and filed; and
That "Denise M. Dzierzewski - Petition to rezone 135 Dingens from M2 to a
R3 District" is an unlisted action as defined in 6 NYCRR Part 617.2. The
Common Council has approval power over this item, and is therefore an involved
agency as defined in 617.2. As part of an uncoordinated review, the Common
Council has evaluated an Environmental Assessment Form (EAF) on this item which
has been completed by the applicant (Part 1) and by the City Planning Board
(Part II); and
Having made an independent assessment of the information contained in the
EAF, the Common Council adopts the findings set forth in Part II and, as a
result, finds that this proposed action will not result in any significant
adverse environmental impacts. Therefore, this Common Council issues a negative
declaration.
ADOPTED.
No. 49
A. DiPiano - Application to use 2091 Seneca St.
for a take-out Restaurant
Item No. 61, C.C.P., January 11, 1994
Attached for your information is the Short Environmental Assessment
Form for the matter captioned above.
Mr. Pitts moved:
That the communication from the Commissioner of Community Development,
dated January 19, 1994, be received and filed; and
That "A. DiPiano - Application to use 2091 Seneca Street for a take-out
restaurant" is an unlisted action as defined in 6 NYCRR Part 617.2. The Common
Council has approval power over this item, and is therefore an involved agency
as defined in 617.2. As part of an uncoordinated review, the Common Council
has evaluated an Environmental Assessment Form (EAF) on this item which has
been completed by the applicant (Part l) and by the City Planning Board (Part
II); and
Having made an independent assessment of the information contained in the
EAF, the Common Council adopts the findings set forth in Part II and, as a
result, finds that this proposed action will not result in any significant
adverse environmental impacts. Therefore, this Common Council issues a negative
declaration.
ADOPTED.
No. 50
Dresher Paper Box Inc. - Petition to Rezone 140 Mortimer St. from R3 to CM
Item No. 99, C.C.P., December 14, 1993
Attached for your information is the Short Environmental Assessment
Form for the matter captioned above.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 51
Correct Demo. Costs Report of Emergency Bid 135 Krupp
Please be advised that through a clerical error a communication
was sent to your honorable body in reference to 135 Krupp St. We wish to
resubmit item number 64 passed on December 28, 1993 for further review by your
honorable body. This action is being taken to afford the owner of 135 Krupp
St. an 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 AM on April 30, 1993. The next morning a representative of
Lebis Enterprises met with representative 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 $33,010.94 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 owner's 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 owner's 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.
REFERRED TO THE COMMITTEE ON FINANCE, THE COMPTROLLER AND THE CORPORATION
COUNSEL.
FROM THE COMMISSIONER OF INSPECTIONS AND COMMUNITY REVITALIZATION
No. 52
Identify Defects In The Rebecca Park Housing Development
Item No. 154, CCP, Nov. 16, 1993
Attached is the inspection report requested by Councilmember Lotempio
regarding Rebecca Park Housing Development. Letters were sent to the
homeowners requesting they notify our department in order to schedule an
inspection prior to December 10, 1993.
During our inspections we noticed numerous dry wall cracks along the wall
and ceiling seams and corners. The cracks are due to settlement which is a
normal occurrence with new structures. There does not appear to be any
structural flaws at this time. The caliber of workmanship was lacking at
various times.
Some of the major problems, such as window leaking and missing roof
shingles are attributed to their design. I agree with the letter Howard Dolce
sent to Ms. Marie Diana, (attached) stating the design problems and also that
they will make necessary repairs on the windows. Many thanks should be given
to Ms. Diana by the homeowners for her perseverance on these problems.
I would like to recommend a possible solution to divert the rain water
away from the windows at the second floor area, see attached sheet. A
diversion method should be installed as soon as possible to prevent an ongoing
problem.
Ms. Diana sent copies of bills the Association has paid for repairs on
the townhouses that may be considered for reimbursement. Also attached is a
copy of accepted standards that were used on this project that may assist in
making final conclusions.
As of 12/29/93, we have inspected 60 dwellings and estimated an amount of
$9,570. + for repair work on all 60 dwellings. At this time we have not
received any further requests for inspections from the homeowners.
Please contact David Maloney, Coordinator of Community Services for the
Division of Community Revitalization at 851-5554 if any further assistance is
required regarding this project.
REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT AND THE CORPORATION COUNSEL.
No. 53
Homestead Status Report
Project Address Sponsor HOME/HOPE
178 Mulberry St Ellicott District Co. Dev. HOME
45 Edna Place '78 Restoration Corp. HOME
550 E. North St. Ellicott District Co. Dev. HOME
30 Cottage St. Lower Westside R & D HOME
926 Sycamore St. American Shelter Inc. HOPE
112 10th St. American Shelter Inc. HOPE
466 Winslow Ave. American Shelter Inc. HOPE
Note: The format above will be used to notify the Council of specific
Homestead properties on a monthly basis. Reports will be filed at the close of
each month and will be cumulative in nature. A year end report will be issued
at the end of December through the end of the program.
REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT.
No. 54
Habitat for Humanity Request for Site Control
In reference to Mr. Robertson's communication of 11/1/93 (copy
attached), please be advised that we have investigated the status of the
Grey/Sycamore Streets sites in which Habitat for Humanity has stated interest
(copy of site list also attached). Initially, the parcels had been earmarked
for new housing development by one of our participating developers, namely,
Burke Development. Inasmuch as the Burke firm has since been provided
replacement sites, we have no objection to your urging Common Council approval
of the sale of the properties to Habitat for Humanity.
Mr. Pitts moved:
That the communication from the Department of Inspections and Community
Revitalization be, and hereby is received and filed; and
That the Comptroller be, and hereby is, authorized to negotiate the sale
of the site listed in the above communication with Habitat for Humanity and
report the results to this Council for approval.
ADOPTED.
FROM THE COMMISSIONER OF ADMINISTRATION AND FINANCE
No. 55
Appointment of Budget Director
I hereby nominate James B. Milroy to the position of Budget Director
in the Department of Administration & Finance, Division of Budget & Management
effective Monday, January 17, 1994.
Mr. Milroy resides at 155 Massachusetts, Buffalo, NY 14213 and his salary
will be $54,650.
RECEIVED AND FILED.
No. 56
Appointment of Director of Parking Enforcement
I hereby nominate Leonard G. Sciolino to the position of Director
of Parking Enforcement in the Department of Administration & Finance effective
Monday, January 24, 1994.
Mr. Sciolino resides at 45 Manchester, Buffalo, NY 14213 and his salary
will be $53,258.
RECEIVED AND FILED.
No. 57
Appt Motor Equip, Maint Superv. I
Item # 62 C.C.P. December 14, 1993
This is in response to your referral of the above referenced item.
I have discussed the Certificate of Appointment with Streets Commissioner
LoVallo and he informs me that the appointment of Mr. Kalis to the position of
Motor Equipment Maintenance Supervisor I is no longer necessary. Commissioner
LoVallo recommends that this item be received and filed.
I trust this addresses your inquiry satisfactorily. If additional
information is required please advise.
RECEIVED AND FILED.
No. 58
Ord. Amend. Collection of Arrears/Collection Fees
This is to offer our support for and request your approval of
the most recently filed Ordinance Amendments concerning the referral of all
overdue receivables to the Division of Collections and the imposition of
collection fees thereon.
We support the following changes to Ordinance Amendment - Collection
Fees:
A) Collection processing charge on all accounts referred for collection:
$10.00
C) Additional charge to be added to offset administrative and legal costs
wherein litigation is commenced:
Accounts $500.00 & Below 20% of amount sued
Accounts $501.00 - $2,000 10% of amount sued
Accounts over $2,000 5% of amount sued
(with maximum of $500.00)
Given the City's current fiscal crisis, it is imperative that a full
program of collection be immediately undertaken on the nearly $40 million in
overdue receivables. Our Collection Division is prepared to utilize all
available collection techniques, as used by private sector collection agencies,
to follow-up departmental billings with aggressive action.
We must, however, enlist your support for the concept of assessing
collection fees sufficient to cover not only actual debt recovery costs by to
offset the Division's budget allocation as well. While a collections effort
offers tremendous revenue-generating potential, it must conform to the overall
cost-saving goals of the City. To achieve maximum return at minimal
administrative cost, the cost of operation must be passed on to the debtor.
Aggressive collection is an expensive undertaking. The cost should be
borne by the vast majority who pay City billings timely, but rather by those
few (an estimated 5%) who make these collection expenditures necessary.
Thank you for your consideration.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 59
Monthly Overtime Report
Item No. 6, CCP, 1/11/94
In regard to the above referenced item, this office will be filing
with your Honorable Body a detailed report on the second quarter of fiscal
1993-94 by the first Council meeting in February. This is consistent with a
previous recommendation in Item No. 131, CCP, 9/7/93, "Quarterly Budget
Reports", to amend the city charter to require quarterly reports from the
Budget Director and the Comptroller.
It is the feeling of this office that while overtime costs present a real
and serious issue, they are best discussed within the context of the quarterly
budget report.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 60
Fees for Wheelchair Lifts
Item No.58 C.C.P. January 11, 1994.
This is in response to your referral of the item referenced above.
The department of Administration and Finance concurs with the response
filed by the Mayor's Advocacy Office for Persons with Disabilities concerning
the safety issues involved in wheelchair lift inspections. We would note
further that revenue projections have been included in this year's budget from
this source and that any broad-based change would worsen our already dismal
fiscal picture. It is our recommendation that the Council considered some
mechanism for prorating these fees on an individual ability to pay basis
instead of eliminating the fee completely.
We trust this response addresses your referral. If further information is
required please advise.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 61
Inspections Of Private Wheelchair Lifts
Item No. 58, CCP, Jan. 11, 1994
The mandatory inspections and registration for private residential
wheelchair lifts may be considered an undue burden to individuals with
disabilities. The ordinance addressing this issue was designed to circumvent
the faulty installation and unscrupulous maintenance charges rendered by
disreputable dealers.
Although inspection fees may seem insurmountable to individuals with
disabilities and their families, these inspections serve a useful purpose. The
inspections insure the safe operation of a necessary piece of equipment while
safeguarding the general population. Irreputable dealers can and do cause
unforseen and terrible accidents to the disabled individual, neighborhood
children or area housepets.
It is my recommendation that the inspections of these lifts continue for
public safety but the fees involved should be prorated to address the
individuals ability to pay.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 62
Re-open Main Street to Vehicular Traffic
CCP # 23, January 11, 1994
The proposed Task Force to study the issue of re-opening Main
Street to vehicular traffic is a commendable endeavor. One issue that is
worthy of special consideration is the effect that any proposed change will
have on access for persons with disabilities to the fed-ally funded Metro-rail
system.
The Americans With Disabilities Act, a major piece of federal legislation
regulates non-discrimination on the basis of disability requires mass transit
systems to be fully accessible. The current system which provides service to
over 20,000 persons per day including many individuals who use wheelchairs,
canes and crutches for mobility and independence in daily employment.
I would respectfully request that a component of any task force include
adequate representation from the disabled population in the City of Buffalo as
failure to do so could result in the United States Department of Justice
becoming involved in this issue.
REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT.
No. 63
C. Griffasi - Impose Sports Tax
Item No. 57, C.C.P. January 11, 1994.
This is in response to your referral of the item referenced above.
The department of Administration and Finance generally favors revenue
enhancing mechanisms of the kind suggested by the referenced item, and it
appreciates suggestions from concerned citizens on ways to improve our fiscal
condition and our city but, the department feels the city must be prudent
concerning the matter of taxes and fees.
Concerning the first point, it seems that the spirit of Mr. Griffasi's
letter has already been adopted in the form of the 5 percent ticket surcharge
for events at city owned, leased or managed facilities, including Pilot Field
and War Memorial Auditorium, and the lease agreement governing revenue
distribution at Pilot Field. Revenue estimates for the ticket surcharge in the
1993-94 budget for the Sabres and the Bisons are $382,895 and $231,481,
respectively. Of course, the surcharge is not a "tax" however, and
consequently, it has certain enforcement limitations requiring separate
agreements with each organization collecting the surcharge. The Auditorium and
Stadium Task Force has addressed the loss of ticket surcharge revenues from the
Sabres that will result when the Crossroads Arena project is completed by
instituting a $500,000 ground lease. However, it should be noted that we have
had problems reaching agreements on the ticket surcharge at several city-owned
facilities whose events are of a non-professional sports nature (e.g. Shea's
and Kleinhans). This raises concern about the ability to enact a tax on amateur
sports activities.
One the second point, the department believes that the management of
budgetary affairs requires flexibility in the allocation of scare resources.
Consequently, we do not favor dedicating funds for the purposes set out in the
item. More importantly, it should be noted that the revenues from the 5
percent ticket surcharge referenced above are recorded in the General Fund. If
the sports tax that is suggested is intended to replace the 5 percent surcharge
for sports teams, the result will be a concomitant reduction in General Fund
revenues for every increase in dedicated fund revenues.
We trust this response addresses your referral satisfactorily. If further
information is required please advise.
REFERRED TO THE AUDITORIUM-STADIUM TASK FORCE.
FROM THE COMMISSIONER OF GENERAL SERVICES
No. 64
Appointment to Secretary to the
Commissioner of General Services
I, Frank Faber, appoint to the position of Secretary to the Commissioner
of General Services Ms. Bernadette S. Ricks, effective immediately.
Ms. Ricks' long experience with the New York State Senate, and her proven
desire and ability to consistently deliver services of the highest quality
qualify her for the position of Secretary to the Commissioner of General
Services.
Ms. Ricks address is 195 Anderson Pl., Buffalo, New York 14222 and her
starting salary is $20,826 annually.
RECEIVED AND FILED.
FROM THE CIVIL SERVICE COMMISSION
No. 65
Requesting List of Firefighters Whose Probationary Period Was Waived Over Past
10 Years
Res. #153, C.C.P. 12/14/93
At a meeting held on January 6, 1994, the Commission considered
your request for a list of individuals who have had the mandatory probationary
period for the position of Firefighter waived over the past ten years.
Please be advised the Commission does not maintain such a record and to
create one would be very time consuming. The Commission recommends you contact
the Buffalo Fire Department to inquire if such a list exists in their records.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE AND THE CORPORATION COUNSEL.
FROM THE CITY CLERK
No. 66
Resignation-Exec. Secretary To Council President
By this letter I hereby resign Thy position as Executive Secretary
to the Council President effective January 16, 1994.
I want to extend my heartfelt thanks to you and to the members of the
Council for the opportunity to serve the Council and the citizens of the City
of Buffalo over the past nearly seven years. I hope the relationships I have
developed with you, other Council members and Council staff will continue. I
look forward to working with you in the future in my new capacity.
Thank you sincerely for all the opportunities you have afforded me.
RECEIVED AND FILED.
No. 67
Re-Appointment of Marriage Officers
I hereby request that the Common Council Re-appoint City Clerk
Charles L. Michaux III, and Deputy City Clerk Richard Okoniewski as Marriage
Officers for the City of Buffalo effective January 1, 1994 and ending December
31. 1997 or at the end of their term of office.
This request is made pursuant to Chapter 49 of the Laws of New York State
1988 which allows a governing body the right to appoint Marriage Officers who
will then have the authority to solemnize marriages for a period of time not to
exceed four (4) years.
The Council hereby authorizes the Council President, that upon the
serving of ten (10) days written notice, the authority to cancel the
solemnization authority of any of the marriage officers.
Mr. Pitts moved:
That the communication from the City Clerk, dated January 13, 1994, be
received and filed; and
Effective Jan. 1, 1994 the following individuals hereby are appointed
marriage officers pursuant to Chapter 49 of the Laws of New York State (1989)
and expiring December 31, 1997, or their leaving the office they now hold:
Charles L. Michaux III, City Clerk
Richard F. Okoniewski, Deputy City Clerk
Councilmembers George K. Arthur
Clifford Bell
David A. Collins
Eugene M. Fahey
David A. Franczyk
Rosemarie LoTempio
James W. Pitts
Dale Zuchlewski; and
That the Council President is authorized to cancel the solemnization
authority of any Marriage Officer upon the serving of ten (10) days written
notice.
ADOPTED.
No. 68
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- Chris Kasianowicz
Parks- James Nowicki
Fire- Edward James, Charles Cala, Cornelius Keane
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
No. 69
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:
Buffalo Sewer Authority
City Planning Board
Zoning Board of Appeals
RECEIVED AND FILED.
No. 70
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 PARKS
Appointment effective January 10, 1994 in the Department of Parks,
Suzanne M. Pacholski, 68 South Pierce St., Buffalo 14206, to the position of
Secretary to Commissioner of Parks Exempt, at the Flat starting salary of
$23,481.
DEPARTMENT OF POLICE
Appointment effective December 28, 1993 in the Department of Police
Christine Crimi, 35 Thomas Street, Buffalo 14206, to the position of Civilian
School Crossing Guard TSAR, Seasonal, at the Minimum starting salary of $5.49
hr.
Appointment effective December 30, 1993 in the Department of Police,
Monica L Dougherty, 84 Tamarack, Buffalo 14220 to the position of Report
Technician, Provisional, at the Minimum starting salary of $ 20,120.
Appointment effective January 10, 1994 in the Department of Police, Lynda
L Oberkrierser, 47 Hillside, Buffalo 14210 to the position of Police
Lieutenant, Permanent -Contingent, at the Flat starting salary of $45,107.
Appointment effective January 10, 1994 in the Department of Police, to
the position of Police Captain, Permanent-Contingent, at the Flat starting
salary of $51,680.
Crystalea Burns-Pelletier, 8674 Bonview Terr., Clarence 14221
Mark E Blankenberg, 758 Robin Road, Amherst 14228
Appointment effective January 10, 1994 in the Department of Police, James
J Degenhart, 79 Tennyson, Buffalo 14216, to the position of Police Inspector,
Permanent, at the Flat starting salary of $ 56,868.
DEPARTMENT OF FIRE
Appointment effective January 3, 1994 in the Department of Fire,
Joseph Romano, 293 North Park Avenue, Buffalo, NY 14216 to the position of
Assistant Fire Alarm Dispatcher, Permanent at the Maximum starting salary of
$40,531.
Appointment effective January 3, 1994 in the Department of Fire to the
position of Fire Lieutenant, Permanent, at the Maximum starting salary of
$42,933.
Thomas Meldrum, 251 Highland Drive, Williamsville, NY 14221
Richard Campanile, 3920 N. Freeman Rd, Orchard Park 14127
Keith B. LoCicero, 814 Ellicott Creek Rd, Tonawanda, NY 14150
Appointment effective January 3, 1994 in the Department of Fire to the
position of Fire Captain, Permanent, at the Maximum starting salary of $45,027.
John Sixt, 347 McKinley Pkwy., Buffalo, NY 14220
Pasquale Liberti, 583 West Delevan, Apt 3, Buffalo, NY 14222
Appointment effective January 17, 1994 in the Department of Fire, Patrick
J. Garlock, 136 Arlington Pl., Depew, NY 14043 to the position of Chief Fire
Administrator, Permanent, at the Maximum starting salary of $45,027.
Appointment effective January 3,1994 in the Department of Fire, to the
position of Battalion Chief, Permanent, at the Maximum starting salary of
$49,187.
John Kudla, 517 Evergreen, Tonawanda, NY 14150
Joseph McMahon, 1601 Lakeview Rd., Lakeview, NY 14085
Appointment effective January 17, 1994 in the Department of Fire, John W.
Sniderhan, 8753 Lower E. Hill Road, Colden, NY 14033 to the position of
Battalion Chief, Provisional at the Maximum starting salary of $49,187.
DEPARTMENT OF HUMAN RESOURCES
Appointment effective January 7, 1994 in the Department of Human
Resources, Division of Youth, to the position of Attendant, Temporary at the
Flat starting salary of $4.42 hour.
Linda Hampton, 36 Moselle, Buffalo 14211
Lindsay Singleton, 55 Goulding, Buffalo 14208
Arvella, Pugh, 106 Carl, Buffalo 14215
Appointment effective January 10,1994 in the Department of Human
Resources, Division of Youth Frances Sherrill, 53 Parkridge Buffalo 14215, to
the position of Attendant, Temporary, at the Flat starting salary of $4.42/hr.
Appointment effective January 19,1994 in the Department of Human
Resources, Division of Youth, to the position of Attendant Temporary, at the
Flat starting salary of: $4.42/hr.
George Swain, 29 Rohr, Buffalo 14211
Andre Taibbi, 757 Prospect, Buffalo 14213
Tony Parker, 291 Walden, Buffalo 14211
Helen Sciolino, 30 Tremont, Buffalo 14213
Delawndrea Purdue, 254 Herman, Buffalo 14211
Dwendolyn Alexander, 105 Maple Ridge, Buffalo 14215
Elease Wooten, 324 Winslow, Buffalo 14211
Rosalyn Porter, 353 Northumberland, Buffalo 14215
Denise Daniels, 367 French, Buffalo 14211
Appointment effective January 7,1994 in the Department of Human
Resources, Division of Youth, Demar Harvey, 415 Grider Buffalo 14215, to the
position of Lifeguard, Seasonal, at the Flat starting salary of $ 5.20/hr.
Appointment effective January 10, 1994 in the Department of Human
Resources, Division of Youth, Alfred Williams, 23 Leonard Buffalo 14215, to the
position of Supervisor, Temporary, at the Flat starting salary of $5.20 hour.
NON-OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES
NON-OFFICIAL COMMUNICATIONS
No. 71
BUFFALO ENTERPRISE DEVELOPMENT CORP.
Proposed $1,800,000 Section 108 Loan to Harbour Place Marine Sales, Inc.
Item #153, C.C.P. 12/28/93
Councilmember-at-Large, Clifford Bell in a communication to BEDC
dated 12/2/93, authorized BEDC to enter into negotiations with all parties
concerned, in an effort to secure the best possible terms and conditions for
the proposed Section 108 loan to Harbour Place Marine Sales, Inc. The results
of the BEDC negotiations with Fleet Bank and the principals of Harbour Place
Marine Sales are presented below:
- Fleet Bank has agreed to sell its mortgage to the BEDC as agent for the
City of Buffalo for $1,354,397. This settlement amount represents a $100,000
discount.
- The principals will inject equity into the project in the amount of
$225,000.
- The term of the Section 108 loan has been reduced from 20 years to 13
years.
- The amount of the Section 108 loan request has been reduced from
$1,800,000 to $1,620,706.
- BEDC has agreed, pending approval of the Common Council and the BEDC
Board of Directors to allow an increase in the project budget by $148,680.
This amount represents the additional funds needed to complete tenant work
letter improvements to the 7,434 sq. ft. of space West Marine Products, Inc.
will lease in the existing Harbour Place Marine Store. Said improvements are
in accordance with the 10 year lease agreement between West Marine Products,
Inc., and Harbour Place Marine Sales, Inc. Said lease was fully executed on
January 7, 1994. It is important to add that West Products, Inc., a publicly
traded company, generated sales in 1993 of $97 Million. The West Products
tenancy lends credence to the overall creditworthiness of the proposed Section
108 Loan.
The aforementioned items represent major changes to the Item #232, C.C.P.
7/20/93. It is, therefore, the recommendation of BEDC that this document
substitute for Item #232, as revised. BEDC hereby recommends this credit for
your consideration and approval.
Mr. Pitts moved:
That the communication from the Buffalo Enterprise Development
Corporation (BEDC, Item No. 153, C.C.P., December 28, 1993), be received and
filed; and
That the proposed $1,800,000 Section 108 Loan to Harbour Place Marine
Sales, Inc., as described in Item No. 232, C.C.P., July 20, 1993 and amended by
Item No. 153, C.C.P., December 28, 1993, be and hereby is approved; provided
that the terms and conditions regarding the reduction in the total loan amount
to $1,620,706, the $225,000 equity injection the $100,000 discount realized in
BEDC's purchase of the Fleet Bank Mortgage, the reduction of the term of the
loan from 20 to 13 years, and such other terms and conditions contained in,
described or amended by the above Items be imposed by the BEDC in the
appropriate loan documents, executed copies of which shall be provided to this
Common Council following their filing and/or recordation with the Erie County
Clerks and
That the following conditions are hereby made a part of the approval:
1. It was agreed by all parties that the approval of the building permit
is a separate and distinct process from the approval of the low-interest loan
being sought by Harbour Place Marina. Each process is subject to Common
Council approval, and the Commissioner of Community Development.
2. Harbour Place Marine Sales, Inc. will deed over to the City of Buffalo
for use as a public park, to be connected to the adjoining and existing
Cornelius Creek Parks, the gazebo and area along the Niagara River at the
northern boundary of the Harbour Place Marina where it adjoins Cornelius Creek
Park. The area to be granted to the City can be roughly defined as the
existing green space area including the gazebo located adjacent to Cornelius
Creek Parks and up to the existing parking area.
3. Harbour Place Marine Sales, Inc. will grant an easement to the City of
Buffalo along the entire southern boundary of its property, adjacent to the
Watergate Complex for public access and future extension of the Riverwalk. The
easement shall run from the Niagara River to the existing Riverwalk and shall
be 15 feet wide. In areas where it may not be possible to grant a full 15 foot
easement due to existing structures, the easement granted by the Harbour Place
Marine Sales, Inc. shall in no case be less than 10 feet in width:
4. Harbour Place Marine Sales, Inc. will landscape and soften up with
greenery the boundaries of its property especially, but not limited to, the
easement granted, the eastern boundary of the property where the current
Riverwalk exists and where buildings will be removed and the northern portion
adjacent to Cornelius Creek Park, which will be deeded over to the City of
Buffalo, and public parking will be allowed on their property:
5. Harbour Place Marine Sales, Inc. will assist the city to adequately
light the property so that the easement granted, eastern boundary of the
property and northern portion to be deeded to the City adjacent to Cornelius
Creek Park will be properly lighted:
6. Harbour Place Marine, Sales, Inc. agrees that all efforts will be
taken to minimize any noise and loud music that might result from the current
operation and restaurant expansion.
7. Harbour Place Marine Sales, Inc. will grant an easement to the City of
Buffalo along the entire western boundary of its property along the waterfront
to be not less than 15 feet wide not to restrict the size of current boat
slips.
8. Approval of the operator and any future loan to Harbour Place Marine
Sales, Inc. for the operation and renovation or replacement of the restaurant
shall be subject to the approval of the Buffalo Common Council.
9. The above referenced communication from the Commissioner of Community
Development should require an investment by Harbour Place Marine Sales, Inc. of
not less than $100,000 no-later than December 31, 1994.
PASSED.
AYES- 12 NOES- 0.
No. 72
C. GRIFFASI
Support Senate Bill levy vs Relief Recipients
I am requesting that you, as one body, representing Buffalo, endorse
the Senate bill 1920, that is sponsored by Joseph H. Holland, State Senator.
REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CORPORATION COUNSEL.
No. 73
C. GRIFFASI
Annual Sports Parade
We're asking the city of Buffalo for full cooperation in making
our 1st annual International All Sports Parade a success on June 19, by having
the various departments in Buffalo work with us. For example: Dept. of
Transportation, Dept. of Streets, Dept. of Parks.
With the city's full cooperation, our goal is to make Buffalo known as
the sports center of the U.S.A, every sport will be represented.
REFERRED TO THE COMMITTEE ON LEGISLATION AND THE MAYOR.
No. 74
RENEE JACKSON
Subsidy Grants - 724 & 726 Northampton St.
I'm typing this letter confirming our conversation on 12/29/93
concerning the lots; 724 Northampton and 726 Northampton Street. 1 would like
to acknowledge the House Subsidy started in conversation with my Real Estate
Agent Mr. Craig Robinson. 1 was informed in this conversation that State
Subsidy Grant and the Community Development Block Grant was both eligible for
these lots, there was no other commitment to this property.
Based on my 1992 & 1993 Income Tax and documents I am requesting the
location for just a few reasons for its not enough typing time to put on paper.
The few reasons are:
1. The security of me and my family, my parents live
across the street.
2. My job location (could ride the shuttle)
3. Theirs the Deaconess Treatment Center.
4. Childrens' schooling location.
5. Science Museum great learning Experience for the
children.
Enclosing this letter I would like to express my appreciation for the
property , but also the community . I grew up in the area and it was a
BEAUTIFUL COMMUNITY AND THE PEOPLE WERE THE SAME. I would like just to give
back some of the BEAUTY and some of the HOPE and VALUES that were their more
VISIBLE then!
REFERRED TO THE COMMITTEE ON LEGISLATION, THE COMPTROLLER, AND THE CORPORATION
COUNSEL.
No. 75
JUNIOR LEAGUE
LaSalle Pavilion Lease
On November 3, 1993, the Junior League of Buffalo voted to exercise
its option according to Section Seventh of the Lease Agreement between the City
of Buffalo and the League dated May 26, 1992. If the City would also like to
renew the Lease, the League would like the City to consider renegotiating three
sections of the Agreement. They are as follows:
A. First: The League has been approached by Oldies 104.1 WHTT to do a
concert together on July 4, 1994. This would mean beginning the concert series
on July 4th instead of the Tuesday after the Fourth. Although this is not
confirmed, could we have this as an option? Terms for that option could be
mutually agreed upon.
B. Second: In the past three seasons, many of our sponsors have had to
decrease their funding to the series. Unfortunately, all costs for the series
have gone up. The League has made every effort to secure additional sponsors
to make up for this loss, but it has been difficult. In order that the quality
of the series does not diminish, the League may not be able to keep its
commitment of providing 8-10 family-oriented entertainment events. The League
can only provide as many concerts as they have monies in hand or written
commitment of monies by June 1st. How can we reflect this?
C. Fourth: In order to help make the 1994 summer concert season a full one,
the Department of Parks could pick up the additional costs of port-o-johns,
ambulance service, and security. The following is the last three years
expenses for each item.
1991 1992 1993 Average
Ambulance 650.00 455.00 480.00 528.33
Port-o-Johns 1,076.32 450.00 1,108.75 878.36
Security 1,392.16 1,031.00 1,652.85 1,358.67
3,118.48 1,936.00 3,241.60 2,765.36
Based on your favorable response to a renewal, the League has submitted a
grant to Graphic Controls and the County of Erie for funding. As of this date,
the League is in the County budget for $4,000.
The League is anxious to get this agreement renewed before January 1st.
Please notify me as soon as possible as to the necessary steps that need to be
taken to complete the renewal. If you have any questions, you can contact me
anytime at 662-4104. I look forward to hearing from you soon.
I have also included the final report from the 1993 Waterfront Festival
Summer Concert Series.
REFERRED TO THE COMMITTEE ON FINANCE AND THE CORPORATION COUNSEL.
No. 76
NYS DEPT. OF ENVIRONMENTAL CONSERVATION
Delete Hertel Parcel From Hazardous Waste Registry
The Department of Environmental Conservation (DEC) maintains a
Registry of sites where hazardous waste disposal has occurred. Property located
at Hertel Avenue in the City of Buffalo and County of Erie and designated as
Tax Map Number 077.83 and 077.82 was recently deleted from the Registry. The
name and site ID number of this property as listed in the Registry is Hertel
Avenue Site, #915121.
The Classification Code D2 means that the site has been remediated and no
further action is necessary.
We are sending this letter to you and others who own property near the
site listed above, as well as the county and town clerks. We are notifying you
about these activities at this site because we believe it is important to keep
you informed.
If you currently are renting or leasing your property to someone else,
please share this information with them. If you no longer own the property to
which this letter was sent, please provide this information to the new owner
and provide this office with the name and address of the new owner so that we
can correct our records.
The reason for this recent classification decision is as follows:
Hazardous wastes have been removed, PCB contaminated soils have been
removed, groundwater has not been impacted. No vestiges of hazardous waste
remain. Residual PAHs from a fuel oil spill remain in surface and subsurface
soils.
If you would like additional information about this site or the inactive
hazardous waste site remedial program, call:
DEC's Inactive Hazardous Waste Site Toll-Free Information Number
1-800-342-9296. Or New York State Health Department's Health Liaison Program
(HeLP) 1-800-458-1158, ext. 402.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE ENVIRONMENTAL MANAGEMENT
COMMISSION, THE CORPORATION COUNSEL AND CONRAIL.
PETITIONS
No. 77
Colston Collision, Inc., owner, petition to use 1507 Fillmore for a pole sign.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD,
THE COMMISSIONER OF COMMUNITY DEVELOPMENT, AND THE CORPORATION COUNSEL.
No. 78
J.LaCorte, C. Montana, owners, petition to use 370-380 Niagara for a pole sign.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD,
THE COMMISSIONER OF COMMUNITY DEVELOPMENT, AND THE CORPORATION COUNSEL.
No. 79
Cecelia Gmyrek and Others favor removing Spice Channel from TCI line up.
REFERRED TO THE SPECIAL COMMITTEE ON CATV.
REGULAR COMMITTEES
CIVIL SERVICE
HON. ROSEMARIE LOTEMPIO
CHAIRMAN
No. 80
Salary Ordinance Amendment
612 Stadium and Auditorium - Memorial Auditorium
031 Operation and Maintenance
(Item No. 225, C.C.P., Sep. 21, 1993)
That the Salary Ordinance Amendment as contained in item No. 225,
C.C.P., September 21, 1993, be and the same hereby is approved.
PASSED.
AYES- 12 NOES- 0.
No. 81
Fire Boat Arbitration
PERB Case No. A-91-017
(Item No. 48, C.C.P., Dec. 28, 1993)
That the Comptroller be, and he hereby is authorized to make payment
to the seven (7) individuals listed in the above communication, receive in the
amount of $7,413 each, for a total award of $51,891. Funds are to be drawn
from the Judgments and Claims Account Prior Year.
PASSED.
AYES- 12 NOES- 0.
No. 82
Medical Benefits Audit (Compt)
(Item # 15 CCP Dec 28, 1993)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 83
Erie County/Lawsuit/Exempt Compensatory Time Payment
(Item # 72 CCP Nov 16, 1993)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 84
G. Ritz/Complaints On C.S. Process
(Item # 79 CCP Nov 30, 1993)
That the above mentioned Item be and the same is hereby received
and filed.
Mrs. LoTempio now moved to recommit to the Committee on Civil Service.
ADOPTED.
No. 85
Complaints On Civil Service Process
(Item # 78 CCP Dec 14, 1993)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 86
Complaints On Civil Service Process (HR)
(Item # 72 CCP Dec 14, 1993)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 87
Appointment
Public Works/Water Service Worker
That Communication No 39 CCP Oct 29, 1993 be received and filed
and the permanent appointment of Andrew Barth stated above at the maximum
salary $23,020.00 effective on Oct 4, 1993 is hereby approved.
PASSED.
AYES- 12 NOES- 0.
No. 88
Appointment
Public Works/Laborer II
That Communication No 50 Oct 5, 1993 be received and filed and
the Permanent appointment of Dominic A. Chella, Jr. stated above at the Maximum
salary $10.67 P/H effective on Sep 27, 1993 is hereby approved.
PASSED.
AYES- 12 NOES- 0.
No. 89
Appointment
Public Works/Truck Driver
That Communication No 52 CCP Oct 5, 1993 be received and filed
and the Permanent appointment of Norbert H. Kuntz stated above at the Maximum
salary $23,728.00 effective on Sep 20, 1993 is hereby approved.
PASSED.
AYES- 12 NOES- 0.
No. 90
Appointment
Public Works/Chemist
That Communication No 55 CCP Oct 5, 1993 be received and filed
and the Provisional appointment of Jan Robin Ford stated above at the
intermediate salary $29,587.00 effective on Oct 5, 1993 is hereby approved.
PASSED.
AYES- 12 NOES- 0.
No. 91
Appointment
Fire/Laborer II
That Communication No 60 CCP Oct 5, 1993 be received and filed
and the Temporary appointment of Thomas D. Feeney stated above at the
Intermediate salary $10.00 p/h effective on Sep 27, 1993 is hereby approved.
PASSED.
AYES- 12 NOES- 0.
No. 92
Appointment
Public Works/Engine Mechanic
That Communication No 40 CCP Nov 16, 1993 be received and filed
and the Permanent appointment of Jeffrey Ford stated above at the Maximum
salary $25,517.00 effective on Nov 8, 1993 is hereby approved.
PASSED.
AYES- 12 NOES- 0.
No. 93
Appointment
Audit & Control/Data Processing
That Communication No 14 CCP Nov 30, 1993 be received and filed
and the Permanent appointment of Marie T. Gallagher stated above at the
Intermediate salary $36,092.00 effective on Nov 22, 1993 is hereby approved.
PASSED.
AYES- 12 NOES- 0.
No. 94
Appointment
Labor Relations/Assistant Benefits Manager
That Communication No 55 CCP Nov 30, 1993 be received and filed
and the Permanent appointment of Mary R. O'Shei stated above at the Maximum
salary $26,995.00 effective on Nov 12, 1993 is hereby approved.
PASSED.
AYES- 12 NOES- 0.
No. 95
Appointment
Public Works/Account Clerk-Typist
That Communication No 34 CCP Dec 14, 1993 be received and filed
and the Temporary appointment of Heather Mills stated above at the Intermediate
salary $20,697.00 effective on Dec 13, 1993 is hereby approved.
PASSED.
AYES- 12 NOES- 0.
No. 96
Appointment
Public Works/Senior Rate Clerk
That Communication No 36 CCP Dec 14, 1993 be received and filed
and the Temporary appointment of Marilyn Cumming stated above at the
Intermediate salary $22,554.00 effective on Dec 13, 1993 is hereby approved.
PASSED.
AYES- 12 NOES- 0.
No. 97
Appointment
Public Works/Water Service Inspector
That Communication No 37 CCP Dec 14, 1993 be received and filed
and the Temporary appointment of Peter M. Janora stated above at the Maximum
salary $23,728.00 effective on Nov 29, 1993 is hereby approved.
PASSED.
AYES- 12 NOES- 0.
No. 98
Appointment
Street Sanitation/Motor Equipment Maintenance Supervisor I
That Communication No 62 CCP Dec 14, 1993 be received and filed
and the Provisional appointment of Thomas Kalis stated above at the Maximum
salary $27,500.00 effective on Nov 22, 1993 is hereby approved.
PASSED.
AYES- 12 NOES- 0.
No. 99
Appointment
Human Resources/Counselor III
That Communication No 74 CCP Dec 14, 1993 be received and filed
and the Permanent appointment of Jacqueline Ostanski stated above at the
Intermediate salary $23,710.00 effective on Dec 6, 1993 is hereby approved.
PASSED.
AYES- 12 NOES- 0.
No. 100
Appointment
Human Resources/Counselor III
That Communication No 75 CCP Dec 14, 1993 be received and filed
and the Temporary appointment of Willie Johnson stated above at the
Intermediate salary $24,466.00 effective on Dec 6, 1993 is hereby approved.
PASSED.
AYES- 12 NOES- 0.
No. 101
Appointment
Human Resources/Counselor III
That Communication No 76 CCP Dec 14, 1993 be received and filed
and the Permanent appointment of Robert Parrish stated above at the
Intermediate salary $24,466.00 effective on Dec 6, 1993 is hereby approved.
PASSED.
AYES- 12 NOES- 0.
No. 102
Appointment
Audit & Control/Computer Programmer
That Communication No 26 CCP Dec 28, 1993 be received and filed
and the Permanent appointment of Michael Kujawski stated above at the
Intermediate salary $32,041.00 effective on Dec 13, 1993 is hereby approved.
PASSED.
AYES- 12 NOES- 0.
No. 103
Appointment
Audit & Control/Data Processing Equipment Operator
That Communication No 27 CCP Dec 28, 1993 be received and filed
and the Provisional appointment of Janet Reyes stated above at the Intermediate
salary $22,788.00 effective on Dec 20, 1993 is hereby approved.
PASSED.
AYES- 12 NOES- 0.
No. 104
Appointment
Public Works/Laborer II
That Communication No 41 CCP Dec 28, 1993 be received and filed
and the Permanent appointment of Michael Mulderig stated above at the Maximum
salary $10.67 p/h effective on Dec 20, 1993 is hereby approved.
PASSED.
AYES- 12 NOES- 0.
No. 105
Appointment
Public Works/Senior Clerk
That Communication No 42 CCP Dec 28, 1993 be received and filed
and the Provisional appointment of Judy S. Banks stated above at the Maximum
salary $22,780.00 effective on Dec 23, 1993 is hereby approved.
PASSED.
AYES- 12 NOES- 0.
No. 106
Appointment
Human Resources/Account Clerk-Typist
That Communication No 69 CCP Dec 28, 1993 be received and filed
and the Permanent appointment of Ida Seagar stated above at the Intermediate
salary $21,275.00 effective on Dec 20, 1993 is hereby approved.
PASSED.
AYES- 12 NOES- 0.
No. 107
Appointment
Human Resources/Senior Counselor I, Clinical
That Communication No 70 CCP Dec 28, 1993 be received and filed
and the Permanent appointment of Donald Sherry stated above at the Maximum
salary $32,396.00 effective on Dec 10, 1993 is hereby approved.
PASSED.
AYES- 12 NOES- 0.
No. 108
Appointment
Audit & Control/Computer Programmer
That Communication No 10 CCP Jan 11, 1994 be received and filed
and the Permanent appointment of Paul Bonvissuto stated above at the Maximum
salary $34,592.00 effective on Jan 10, 1994 is hereby approved.
PASSED.
AYES- 12 NOES- 0.
No. 109
Appointment
Public Works/Head Janitor
That Communication No 25 CCP Jan 11, 1994 be received and filed
and the Provisional appointment of Ronald L. Malkin stated above at the Maximum
salary $22,994.00 effective on Dec 28, 1993 is hereby approved.
PASSED.
AYES- 12 NOES- 0.
No. 110
Appointment
Public Works/Caulker Supervisor I
That Communication No 26 CCP Jan 11, 1994 be received and filed
and the Temporary appointment of Patrick J. Martin stated above at the
Intermediate salary $26,026.00 effective on Dec 27, 1993 is hereby approved.
PASSED.
AYES- 12 NOES- 0.
No. 111
Appointment
Treasury/Teller
That Communication No 42 CCP Jan 11, 1994 be received and filed
and the Permanent appointment of Ruth O'Leary stated above at the Intermediate
salary $23,245.00 effective on Dec 28, 1993 is hereby approved.
PASSED.
AYES- 12 NOES- 0.
No. 112
Notices Of Appointments (C. Clerk)
(Item # 79 CCP Dec 28, 1993)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 113
Notices Of Appointments (C. Clerk)
(Item # 53 CCP Jan 11, 1994)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
FINANCE
HON. DAVID A. COLLINS
CHAIRMAN
No. 114
Interfund Cash Loan
Jogging Path in Delaware Park
(Item No. 141, C.C.P., Sep. 21, 1993)
That the Comptroller be, and he hereby is, authorized to make
an interfund cash loan from the General Fund to the Capital Projects Funds in
the amount of $190,000 for the construction of a jogging path in Delaware Park.
The loan will be repaid when Bond Anticipation Notes or Bonds are issued to
finance this project.
PASSED.
AYES- 12 NOES- 0.
No. 115
Interfund Cash Loan
Kleinhans Music Hall
(Item No. 5, C.C.P., Jan. 11, 1994)
That the Comptroller be, and he hereby is, authorized to make
an interfund cash loan from the General Fund to the Capital Projects Fund in
the amount of $95,000 for the Reconstruction of Kleinhans Music Hall. The loan
will be repaid when Bond Anticipation Notes or Bonds are issued.
PASSED.
AYES- 12 NOES- 0.
No. 116
Fully executed Law Enforcement Grant Program (Pol)
(Item # 30 CCP Jan 11, 1994)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 117
Results of Negotiations 180 Myrtle
(Item No. 13, C.C.P., Nov. 16, 1993)
That the offer of Ms. Axel Diaz, 178 Myrtle, in the sum of $400.00
(Four Hundred Dollars) to purchase the property described as 180 Myrtle, 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 Corporation Counsel shall prepare the necessary documents for
the transfer of title and that the Mayor be authorized to execute the same, in
accordance with the terms of sale upon which the bid was submitted.
PASSED.
AYES- 12 NOES- 0.
No. 118
Results of Negotiations 635 Broadway
(Item No. 14, C.C.P., Nov. 16, 1993)
That the offer of Ms. Sandra Archibald and Mark O'Riley, 633 Broadway,
in the sum of $1,200.00 (One Thousand and Two Hundred Dollars) to purchase the
property described as 635 Broadway, be and hereby is accepted; and
That the appraisal requested by the City of Buffalo will be paid by the
purchaser; and
That the transfer tax, recording fees and cost of legal description will
be paid by the purchaser; and
That the Mayor be authorized to execute a deed and sign the necessary
documents for the transfer of title, and the Comptroller be authorized to
deliver the same, in accordance with the terms of sale upon which the bid was
submitted.
PASSED.
AYES- 12 NOES- 0.
No. 119
Offer To Purchase 437 Genesee (CC)
(Item # 35 CCP Nov 30, 1993)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 120
Offer Purchase 437 Genesee (Compt)
(Item # 25 CCP Dec 28, 1993)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 121
Ordinance Amendment/Ch. 141-Collection Of Arrears
(Item # 162 CCP Dec 14, 1993)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 122
Ordinance Amendment/Ch 175 (141) - Fees
(Item # 163 CCP Dec 14, 1993)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 123
Ordinance Amendment/Ch. 141 - Collection (#136 12/14)
(Item # 116 CCP Dec 28, 1993)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 124
Ordinance Amendment/Ch. 175 (141) Fees (#137 12/14)
(Item # 117 CCP Dec 28, 1993)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 125
Report of Bids - Hatch Cover Rehabilitation
(Item No. 32, C.C.P., Dec. 28, 1993)
That the Commissioner of Public Works be, and he hereby is, authorized
to award the contract for Hatch Cover Rehabilitation - Furnishing and
Installing ten (10) hatches in various locations throughout the City of
Buffalo's Water Treatment Plant to Flo-Kleen Pipe Services, Inc., 5976 Ide
Road, Newfane, New York, the lowest responsible bidder, in the amount of
$70,915.60. Funds for this work are available in the Division of Water's
416-982-010-00-000 account.
PASSED.
AYES- 12 NOES- 0.
No. 126
Emergency Repair
Memorial Auditorium - Roof Repair
(Item No. 35, C.C.P., Dec. 28, 1993)
That the Commissioner of Public Works be, and he hereby is, authorized
to award a contract for emergency repairs upon the roof at Memorial Auditorium
to Grove Roofing Inc. in the amount of $15,873.30, with said cost to be charged
against the Department of Public Works, Division of Buildings.
PASSED.
AYES- 12 NOES- 0.
No. 127
Change in Contract
Jefferson Avenue - Phase IV - Group 341
(Item No. 33, C.C.P., Dec. 28, 1993)
That the Commissioner of Public Works be, and he hereby is, authorized
to issue a change order #1 to Destro Brothers Concrete Company Inc., changes
resulting in a net increase in the amount of $26,300.00, as more fully
described in the above communication, for work relating to the Jefferson Avenue
- Phase IV - Group 341, Contract #91722600.
PASSED.
AYES- 12 NOES- 0.
No. 128
Change in Contract
Broadway Market Parking Ramp
(Item No. 55, C.C.P., Dec. 28, 1993)
That the Commissioner of Community Development be, and he hereby
is, authorized to issue a change order #1 to Patterson Stevens, Inc., changes
resulting in a net increase in the amount of $21,240.00, as more fully
described in the above communication, for work relating to the Broadway Market
Parking Ramp, Contract #91700500. Funds to be charged to Bond Account
#200-717-015.
PASSED.
AYES- 12 NOES- 0.
No. 129
Change in Contract
Status Monitoring System
(Item No. 19, C.C.P., Jan. 11, 1994)
That the Commissioner of Public Works be, and he hereby is, authorized
to issue a change order #1 to Ferguson Construction Company, Inc., changes
resulting in a net increase in the amount of $2,185.00, as more fully described
in the above communication, for work relating to Status Monitoring and Control
System Modifications, City Contract No. 91699100. Funds to be charged to
Division of Water's 416 Capital Project Fund, 980-029 account.
PASSED.
AYES- 12 NOES- 0.
No. 130
Change in Contract
Waterline Replacement
(Item No. 20, C.C.P., Jan. 11, 1994)
That the Commissioner of Public Works be, and he hereby is, authorized
to issue a change order #1 to Kandey Company, Inc., changes resulting in a net
increase in the amount of $142,758.00, as more fully described in the above
communication, for work relating to Waterline Replacement on Various Streets,
City Contract No. 91719600. Funds to be charged to Division of Water's 416
Capital Project Fund, 980-060 account.
PASSED.
AYES- 12 NOES- 0.
No. 131
Certiorari Proceedings
247 & 317 E. Amherst, etc.
General Motors Corporation
(Item No. 29, C.C.P., Dec. 28, 1993)
That the Corporation Counsel be, and he hereby is, 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.
PASSED.
AYES- 12 NOES- 0.
No. 132
Certiorari Proceedings
163-165 and 167-169 Broadway
Joseph Violanti
(Item No. 49, C.C.P., Dec. 28, 1993)
That the Corporation Counsel be, and he hereby is 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.
PASSED.
AYES- 12 NOES- 0.
No. 133
M. Brown - Cancel Fine 107 Landon
(Item No.71, C.C.P., November 16, 1993)
That the Commissioner of Street Sanitation and the Parking Violations
Bureau be, and they hereby are, authorized and directed to cancel summons
503074141 for illegal dumping issued to Curtis H Brown and wife and to abate
and discharge any fine therefore, because such summons was issued to the wrong
party as described in the communication from the Commissioner of Street
Sanitation at Item No. 50, C.C.P., November 30, 1993.
PASSED.
AYES- 12 NOES- 0.
No. 134
Cancel Dumping Fines-107 Landon (CC)
(Item # 38 CCP Nov 30, 1993)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 135
Cancel Dumping Fines-107 Landon (STS)
(Item # 50 CCP Nov 30, 1993)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 136
M. Rivera-Protest Water Bill-268 Crescent
(Item # 80 CCP Nov 30, 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. 137
Protest Water Bill 268 Crescent (PW)
(Item # 21 CCP Jan 11, 1994)
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. 138
Tax Cancellations 1993-94
(Item No. 28, C.C.P., Dec. 28, 1993)
That the Comptroller be, and he hereby is authorized to prepare
a warrant to 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 list attached to Item
No. 28, C.C.P., December 28, 1993, in the amount of $374,358.18.
PASSED.
AYES- 12 NOES- 0.
No. 139
Claim for Tuition - Asbestos Removal Certification
(Item No. 39, C.C.P., Jan. 11, 1994)
That the above item be, and the same hereby is, returned to the
Common Council without recommendation.
Mr. Bell moved:
That the Comptroller be, and he hereby is authorized to make payment in
an amount not to exceed $325.00 each, to Raymond Ostrowski and Donald
Grzebielucha, Building Inspectors for licenses as State Certified Asbestos
Inspectors.
PASSED.
AYES- BELL, COLLINS, COPPOLA, CZAJKA, FAHEY, FRANCZYK, HELFER, LOCKWOOD, PITTS,
ZUCHLEWSKI- 11.
NOES- ARTHUR- 1.
No. 140
Waive Ticket Surcharge Shriners/SABAH
(Item No. 6, C.C.P., Dec. 28, 1993)
That the Board of Stadium and Auditorium be, and it hereby is,
authorized to grant an exemption from the 5% City ticket surcharge for a one
(1) show, at 10:00 A.M., Thursday, March 10, 1994, and for elementary school
children to Ismailia Temple/Shrine Circus, and (b) the matinee and evening ice
show on March 5, 1994 presented by the Skating Association For the Blind and
Handicapped (S.A.B.A.H.).
PASSED.
AYES- 12 NOES- 0.
No. 141
Free Use of Memorial Auditorium
Skating Association for the Blind & Handicapped (SABAH)
(Item No. 7, C.C.P., Dec. 28, 1993)
That the Board of Stadium and Auditorium be, and it hereby is,
authorized to grant free use of Memorial Auditorium on Saturday, March 5, 1994
to the Skating Association For the Blind and Handicapped (S.A.B.A.H.) to
present their annual "Ice Shows". S.A.B.A.H. will supply the necessary
certificate of insurance, and provide the necessary security and comply with
the New York State Health Code regarding emergency medical staffing.
PASSED.
AYES- 12 NOES- 0.
No. 142
Free Use of Memorial Auditorium
Ismalia Temple (Shrine Circus)
(Item No. 8, C.C.P., Dec. 28, 1993)
That the Board of Stadium and Auditorium be, and it hereby is,
authorized to grant free use of Memorial Auditorium from Thursday, March 10
through and including March 13, 1994 to Ismailia Temple to present the "Shrine
Circus". Ismailia Temple will provide for the cost of removal and replacement
of the ice surface in the amount of $3,500.00, the necessary certificate of
insurance, and provide the necessary security and comply with the New York
State Health Code regarding emergency medical staffing.
PASSED.
AYES- 12 NOES- 0.
No. 143
Information/Demolition 1489 Fillmore (CC)
(Item # 45 CCP Dec 28, 1993)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 144
Salary Difference/
Acting Streets Commissioner. (Mayor) (#5 11/16)
(Item # 113 CCP Nov 30, 1993)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
LEGISLATION
HON. ALFRED T. COPPOLA
CHAIRMAN
No. 145
Denise M. Dzierzewski, Petition to
Rezone 135 Dingens Street
(Item No. 59, C.C.P., Jan. 11, 1994)
That the Common Council of the City of Buffalo do hereby ordain
as follows:
That that part of the Zoning Ordinances of the City of Buffalo, Section
511-126 of Article XXV of Chapter 511 as it relates to the use map thereof be
amended to show a "R-3" District Residential District rather than a "M-2"
District for the premises known as 135 Dingens Street, Buffalo, more
particularly described as follows:
ALL THAT TRACT OR PARCEL OF LAND, situate in the City of Buffalo, County of
Erie, State of New York, being part of Lot Number one hundred fifty-eight
(158), Township Ten (10), Range Seven (7) of the Buffalo Creek Reservation and
further distinguished as part of Subdivision Lot Number Twelve (12) as shown on
map recorded in the Erie County Clerk's Office in Liber 575 of Deeds at page
337, bounded and described as follows:
Beginning at a point in the south line of Dingens Street at its intersection
with the west line of said Subdivision Lot Number Twelve (12), being one
hundred seven and forty-five hundredths (107.45) feet west from the
intersection of said south line of Dingens Street with the northwesterly line
of the lands of the Delaware, Lackawanna and Western Railroad Company as shown
by a survey of George S. Hubbell made about April 1893; thence easterly along
the south line of Dingens Street thirty (30) feet; thence southerly on a line
parallel with the west line of said Subdivision Lot Number Twelve (12),
eighty-two (82) feet to its intersection with the northwesterly line of the
lands of the Delaware, Lackawanna and Western Railroad Company; thence
southwesterly along the northwesterly line of the lands of the Delaware,
Lackawanna and Western Railroad Company about forty-four and five tenths (44.5)
feet to the west line of said Subdivision Lot Number Twelve (12) thence
northerly and along the west line of said Subdivision Lot Number Twelve (12)
one hundred thirteen and seven tenths (113.7) feet to the place of beginning.
This rezoning shall be effective providing the following condition is
met:
That this rezoning shall not be effective unless and until a certified
copy thereof has been filed by the petitioner in the offices of the Erie County
Clerk's Office and proof of such filing is submitted to the City Clerk's
Office.
That this Common Council finds this action to be an Unlisted Action under
the S.E.Q.R. Act and adopts petitioner's findings such that no further
environmental review is required under said Act.
It is hereby certified, pursuant to Section 34 of the Charter that the
immediate passage of the foregoing ordinance is necessary.
PASSED.
AYES- 12 NOES- 0.
No. 146
University Methodist, Petition to use
3344 Bailey Avenue
(Item No. 90, C.C.P., Dec. 28, 1993)
That the above item be, and the same hereby is, returned to the
Common Council without recommendation.
Mr. Coppola moved:
That after a public hearing before the Committee on Legislation on
January 18, 1994, the petition of University Methodist, owner, for permission
to use 3344 Bailey Avenue for a pole sign be, and hereby is approved.
PASSED.
AYES- 12 NOES- 0.
No. 147
J. Scibetta and V. Botticelli, Petition to use
26-28 Linwood Avenue
(Item No. 60, C.C.P., Jan. 11, 1994)
That after a public hearing before the Committee on Legislation
on January 18, 1994, the petition of James J. Scibetta, Jr., owner, and Vincent
Botticelli, tenant, for permission to use 26-28 Linwood Avenue to use a portion
of existing doctor's office for a beauty shop be, and hereby is approved on the
condition that the beauty shop is part of Vincent Botticelli's residence.
PASSED.
AYES- 12 NOES- 0
No. 148
Anthony DiPiano, Petition to use
2091 Seneca Street
(Item No. 61, C.C.P., Jan. 11, 1994)
That after a public hearing before the Committee on Legislation
on January 18, 1994, the petition of Anthony DiPiano, owner, for permission to
use 2091 Seneca Street for a take-out restaurant be, and hereby is approved.
PASSED.
AYES- 12 NOES- 0.
No. 149
H.H. Corporation/Rezone 9-13 Toledo
(Item # 81 CCP Nov 30, 1993)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 150
E.A.F.- Rezoning 9-13 Toledo (CD)
(Item # 61 CCP Dec 14, 1993)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 151
Development Plan # 24-9-13 Toledo (CPBD)
(Item # 6 CCP Dec 14, 1993)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 152
M. Tedesco/Oppose Rezone 9 Toledo
(Item # 101 CCP Dec 14, 1993)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 153
J. Mangione -Oppose Rezoning- Toledo
(Item # 93 CCP Dec 28, 1993)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 154
Validity Of Remonstrance 9 Toledo (20%) (CD)
(Item # 56 CCP Dec 28, 1993)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 155
Request Reduction in Parking for
Hertel Park Elderly Housing
(Item No. 68, C.C.P. Jan. 11, 1994)
That the above item be, and the same hereby is, returned to the
Common Council without recommendation.
Mr. Coppola moved:
That this Common Council, in accordance with Article XIX, Section 511-96,
Subsection D (2), gives permission to Hertel Park Associates L.P., developer of
Hertel Park Elderly Housing, 1606-31 Hertel Avenue, to reduce the number of
offstreet parking spaces up to the forty percent limit allowed in the above
zoning ordinance, with the resulting reduction not affecting designated parking
for disabled persons or retail spaces.
PASSED.
AYES- 12 NOES- 0.
No. 156
Restaurant/Dancing Class III License 1504 Hertel
(Item No. 30, 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 III License to Daniel Mele, d/b/a The Bona Vista, 1504
Hertel Avenue, and the same be, and hereby is approved for a duration of one
(1) year only; provided that the following conditions are strictly complied
with:
1. The availability of off-street parking in public lots is posted at the
entrance of 1504 Hertel.
2. Operation shall not create noise in excess of levels permitted under
the City's Noise Ordinance.
3. All patrons must be off the outdoor patio by 10:00 p.m. under any
circumstances.
4. This conditional one year approval may be revoked prior to the
expiration of one year if any of the conditions set forth herein above are
violated.
PASSED.
AYES- 12 NOES- 0.
No. 157
D. Danner/Oppose Music/Dancing/Patio/1504 Hertel
(Item # 92 CCP Dec 28, 1993)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 158
Encroach Awning - 2258 Genesee Street
(Item No. 39, C.C.P., Dec. 28, 1993)
That the Commissioner of Public Works be and he hereby is, authorized
to issue a "mere license" to Mr. Greg Kloepfer, owner of Kloepfers Floor
Coverings, located at 2258 Genesee Street, to install an awning which would
encroach city right-of-way at said address, subject to the following
conditions.
1. That the applicant obtain any and all other City of Buffalo permits
necessary for said installation.
2. That the awning be installed exactly as shown on plans submitted to and
approved by the Department of Public Works, Division of Buildings.
3. That the applicant supply the City of Buffalo with a five thousand dollar
($5,000) construction in street bond or certificate of insurance which will
indemnify and save harmless the City of Buffalo against any and all loss and
damage arising out of the construction, maintenance, use and removal of said
awning.
PASSED.
AYES- 12 NOES- 0.
No. 159
Encroach Sidewalk Cafe - 1504 Hertel Avenue
(Item No. 31, C.C.P., Nov. 30, 1993)
That the Commissioner of Public Works be, and he hereby is, authorized
to issue a "mere license" to Mr. Daniel Mele, owner of the Bona Vista Bar,
located at 1504 Hertel Avenue, to install a sidewalk cafe which would encroach
city right-of-way at said address, subject to the following conditions:
1. That the applicant obtain any and all other City of Buffalo permits
necessary for said installation.
2. That the sidewalk cafe be installed exactly as shown on plans submitted
to and approved by the Department of Public Works, Division of Buildings.
3. That the sidewalk cafe does not exceed 33 feet in length or extend no
greater more than eight feet from the building face.
4. That no portion of the sidewalk cafe be permanent in nature or
permanently affixed to the main building or public sidewalk.
5. That the sidewalk cafe be completely removed from city right of way from
November 15 to April l each year.
6. That the applicant be assessed the annual fee of $2.00 per square foot of
city right of way occupied by said sidewalk cafe as described in Chapter 413
Article IX Section 59 (Sidewalk Cafes) of the City Ordinances.
7. That the applicant supply the City of Buffalo with a five thousand dollar
($5,000) construction in street bond or certificate of insurance which will
indemnify and save harmless the City of Buffalo against any and all loss and
damage arising out of the construction, maintenance, use and removal of said
sidewalk cafe.
PASSED.
AYES- 12 NOES- 0.
No. 160
Ordinance Amendment
Chapter 167 - Elevators
(Item No. 159, C.C.P., Nov. 30, 1993)
That the Ordinance Amendment as contained in Item No. 159, C.C.P.,
November 30, 1993, be and the same hereby is approved.
PASSED.
AYES- 12 NOES- 0.
No. 161
Ordinance Amendment to
Require More Thorough Scrutiny of
In Rem Property Purchasers
(Item No. 148, C.C.P., Nov. 16, 1993)
That the Common Council request the Corporation Counsel, in conjunction
with the Department of Assessment, the Comptroller's Office, the Treasurer, and
the Department of Inspections and Community Revitalization, to draft an
ordinance amendment that would:
a. Establish a more thorough review process for In Rem purchases.
b. Require a stricter investigation of persons interested in purchasing
city-owned property through In Rem auctions.
c. Prohibit transfer of In Rem property to any individual or agency owing
back property taxes, or having a history of housing code violations on other
properties they own.
ADOPTED.
No. 162
Request Ordinance-
Responsibility of Landlords/Tenants (CC)
(Item # 32 CCP Jan 11, 1994)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 163
Background Checks- In Rem Purchasers (CC)
(Item # 33 CCP Jan 11, 1994)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 164
Tribunal For Curfew Violations (CC)
(Item # 34 CCP Jan 11, 1994)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 165
Elm Leaf Beetle Management (EMC)
(Item # 3 CCP Jan 11, 1994)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 166
Funding Alternative To Pesticide Use (Pks)
(Item # 43 CCP Dec 28, 1993)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 167
Bicycle Plan For City (Parks)
(Item # 29 CCP Jan 11, 1994)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 168
Staff Audit On Snow Fighting Equipment (C. Clerk)
(Item # 83 CCP Dec 14, 1993)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
ECONOMIC DEVELOPMENT
HON. CARL A. PERLA JR.
CHAIRMAN
No. 169
L.D.A. - Industrial Park Parcel # 2
(Item No. 58, C.C.P., Dec. 28, 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. Pitts, Seconded by Mr. Coppola the item is properly
before the Common Council, and the Hearing be opened.
CARRIED.
Mr. Pitts moved that the hearing be closed. Seconded by Mrs. LoTempio
CARRIED.
WHEREAS, the Buffalo Urban Renewal Agency has duly designated Edward J.
Berger 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
WHEREAS, the proposed Land Disposition Agreement has been duly submitted
to this Common Council by the Buffalo Urban Renewal Agency; and
NOW, THEREFORE, BE IT RESOLVED:
1. Edward J. Berger and/or other legal entity to be formed was duly
designated as qualified and eligible Redeveloper by the Buffalo Urban Renewal
Agency, is hereby approved as the Redeveloper for a portion of New Buffalo
Industrial Park.
2. That the Mayor, the Chairman or Vice-Chairman of the Buffalo Urban
Renewal Agency is hereby authorized to execute any and all deeds or other
documents necessary to convey land described in the proposed "Land Disposition
Agreement" to Edward J. Berger and/or other legal entity to be formed in
accordance with the terms of said Agreement and for the consideration recited
therein.
PASSED.
AYES- 12 NOES- 0.
No. 170
L.D.A. - E. North/Michigan - Trammell
(Item No. 59, C.C.P., Dec. 28, 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. Pitts, Seconded by Mr. Helfer the item is properly
before the Common Council, and the Hearing be opened.
CARRIED.
Mr. Pitts moved that the hearing be closed. Seconded by Mr. Franczyk.
CARRIED.
Mr. Bell now moved to recommit to the Committee on Economic Development.
ADOPTED.
No. 171
HOME/HOPE Funds for Urban Homestead Program
(Item No. 161, C.C.P., Nov. 30, 1993)
That a total of $683,090 is hereby approved for use in the Urban
Homestead Program to be offered by the Department of Inspections and Community
Revitalization in conjunction with local non-profit housing redevelopers;
That Community Revitalization has B.U.R.A. and Council approval to
implement the Homestead Program as a regular, ongoing program activity through
the complete expenditure of available funding; provided that the Department of
Inspections and Community Revitalization provide quarterly reports detailing
program activity to this Common Council.
PASSED.
AYES- 12 NOES- 0.
No. 172
City Centre - Request Construction Loan for Ramp
(Item No. 81, C.C.P., Dec. 28, 1993)
That the above item be, and the same hereby is, returned to the
Common Council without recommendation.
Mr. Bell moved:
That the above item now be received and filed.
ADOPTED.
No. 173
City-Wide Building Facade Inspection
(Item # 62 CCP Nov 3, 1993)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
CATV
HON JAMES W. PITTS
CHAIRMAN
No. 174
BCAM- Semi Annual Financial/Performance Report
(Item # 82 CCP Apr 27, 1993)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 175
BCAM-1993/94 Budget (#75 5/11
(Item # 159 CCP Jul 6, 1993)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 176
BCAM- Revised 1993/94 Budget
(Item # 96 CCP Jul 6, 1993)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 177
BCAM- Request Approval Of Proposed Budget
(Item # 153 CCP Sep 7, 1993)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 178
BCAM- Disburse Money For 12 Monthly Period
(Item # 99 CCP Oct 5, 1993)
That the above mentioned Item be and the same is hereby received
and filed
ADOPTED.
No. 179
BCT. Board- Release Funds To BCAM
(Item # 100 CCP Oct 5, 1993)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 180
BCAM- Payment Schedule - Public Access Funds
(Item # 82 CCP Nov 3, 1993)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 181
BCAM- Audit Report F/Y 1992-93
(Item # 83 CCP Nov 3, 1993)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
RESOLUTIONS
No. 182
By: Mr. Arthur
Repeal Sunset Provision of Chapter 78 Laws of 1989 -Local Government
Records Management Improvement Fund
Whereas: The appropriate management of local government records
through their creation, use, maintenance and disposition is essential to
efficient and effective government; and
Whereas: Local government records document the responsibilities and
prerogatives of local governments and protect the property and rights of
citizens; and
Whereas: The Local Government Records Management Improvement Fund was
established in Chapter 78, Laws of 1989, to benefit the local governments of
New York State through grants for records management and through establishment
of a program of regionally-based technical assistance administered by the New
York State Archives and Records Administration of the New York State Education
Department; and
Whereas: The Local Government Records Management Improvement Fund has
enormously benefitted the City of Buffalo through frequent and readily
accessible consultation by the Improvement Fund-supported State Archives and
Records Administration Regional Advisory Officer and through Improvement
Fund-sustained training available through regularly scheduled workshops on
records and information management-related subjects; and
Whereas: The grants, consultation, workshops and other services to the City
of Buffalo supported by the Fund have contributed significantly to the improved
management of its records, to the availability and accessibility of those
records to its officials and citizens, and to economical and responsive
administration, saving taxpayer's dollars; and
Whereas: There is much more to be accomplished here in the City of Buffalo
and in the other local governments of New York State, where needs will continue
in the future with the growth in the volume of records, as needs change and
information technologies present new challenges; and
Whereas: Grants and technical advice are essential in assisting all the
local governments of New York State in developing records management programs
adequate to the demands of governments and citizens, and demand for those
grants and services remains critical; and
Whereas: These needs are served and programs sustained through modest
surcharges on fees for records filed and recorded by county clerks and the
Register of the City of New York, without the use of state tax revenues; and
Whereas: The Local Government Records Management Improvement Fund was
created with a sunset date of December 31, 1995.
Now, Therefore, Be It Resolved:
That the Common Council of the City of Buffalo fully supports the
perpetuation of the Local Government Records Management Improvement Fund
through the elimination of its sunset provision and supports its continued
administration by the New York State Archives and Records Administration of the
New York State Education Department with oversight by the Local Government
Records Advisory Council; and
Be It Further Resolved:
That the City Clerk forward certified copies of this resolution to New
York State Governor Mario M. Cuomo, the leadership of the state legislature and
the members of the Western New York delegation.
ADOPTED.
No. 183
By: Mr. Arthur
Councilmember Perla Excused
That Councilmember Perla be and hereby is excused from attendance
at the meeting of January 25, 1994 due to illness.
ADOPTED.
No. 184
By: Mr. Bell
Cargill Closing
Whereas: Last week Cargill Inc. announced that it will close its
Urban Street Flour Mill in March of 1994; and
Whereas: This action will result in the layoff of the mill's 45 workers; and
Whereas: It will also likely deprive the city of a property tax-paying
entity, and produce a vacant structure that will likely become deteriorated and
rat-infested in a short period of time; and
Whereas: The 96-year-old mill is obviously old and archaic, but could be
updated and made more efficient and competitive; and
Whereas: The City of Buffalo should take quick and decisive measures to
determine what, if anything, can be done to keep the Urban St. Cargill mill
open and operational;
Now, Therefore Be It Resolved:
That Cargill Inc. be invited to the next meeting of the Common Council
Committee on Urban Renewal to discuss what steps can be taken by local
governments and agencies to reverse the decision to close the Cargill mill; and
Be It Further Resolved:
That the Buffalo Enterprise Development Corporation be requested to
submit a report assessing the Cargill situation.
REFERRED TO THE URBAN RENEWAL AGENCY COMMITTEE, ENVIRONMENTAL MANAGEMENT
COMMISSION, BUFFALO ENTERPRISE DEVELOPMENT CORPORATION AND THE NYS DEPARTMENT
OF ENVIRONMENTAL CONSERVATION.
No. 185
By: Mr. Collins
Bond Resolution
$71,000 Bonds
Improvements to Parks in Masten District
Account 200-717-075
Bond Resolution of the City of Buffalo, New York, authorizing
the issuance of $71,000 General Improvement Bonds of said City to finance the
cost of improvements to various parks and playgrounds in the Masten District in
the City at the estimated maximum cost of $71,000.
The Common Council of the City of Buffalo, in the County of Erie, New
York, hereby resolves (by the favorable vote of not less than two-thirds of all
the members of said Common Council) as follows:
Section 1. The Comptroller of the City of Buffalo, in the County of Erie,
New York (herein called "City"), is hereby authorized and directed to issue
General Improvement Bonds of said City in the principal amount of $71,000,
pursuant to the provisions of the Charter of said City and the Local Finance
Law, constituting Chapter 33-a of the Consolidated Laws of the State of New
York (the "Law") to finance the cost of improvements to various parks and
playgrounds in the Masten District in the City. The estimated maximum cost of
said class of objects or purposes for which the bonds authorized by this
resolution are to be issued, including preliminary costs and costs incidental
thereto and the financing thereof, is $71,000, as set forth in the duly adopted
Capital Improvements Budget of said City for fiscal year 1993-94, as amended.
Section 2. The proceeds of the sale of the bonds authorized by this
resolution, or any bond anticipation notes issued in anticipation of the sale
of said bonds, shall be deposited in the Capital Projects Fund to the credit of
the Department of Community Development, Division of Development, "Improvements
to Masten and Fillmore Parks 1993-1994," Bond Authorization Account No. 200-7
17-075, and shall be used for the purpose specified in Section 1 of this
resolution.
Section 3. The City intends to finance, on an interim basis, the costs or
a portion of the costs of said improvements for which bonds are herein
authorized, which costs are reasonably expected to be incurred by the City,
pursuant to this Bond Resolution, in the maximum amount of $71,000. This
resolution is a declaration of Official Intent adopted pursuant to the
requirements of Treasury Regulation Section 1.103-18(a) through (l).
Section 4. The following additional matters are hereby determined and
stated:
(a) The period of probable usefulness applicable to the class of objects
or purposes for which the bonds authorized by this resolution are to be issued,
within the limitations of Section 11.00 (a) 19 (c) of the Local Finance Law, is
fifteen (15) years.
(b) Current funds are not required by the Law to be provided as a down
payment prior to the issuance of the bonds authorized by this resolution or any
bond anticipation notes issued in anticipation thereof in accordance with
Section 107.00 d. 9. of the Law.
Section 5. Each of the bonds authorized by this resolution and any bond
anticipation notes issued in anticipation of the sale of said bonds and the
renewals of said notes shall contain the recital of validity as prescribed by
Section 52.00 of the Local Finance Law. Said bonds and said notes shall be
general obligations of the City of Buffalo payable as to both principal and
interest by a general tax upon all the taxable real property within said City
without limitation as to rate or amount. The faith and credit of said City are
hereby irrevocably pledged to the punctual payment of the principal of and
interest on said bonds and said notes. Provision shall be made annually by
appropriation by said City for the payment of interest on and for the amounts
required for the amortization and redemption of said bonds and said notes.
Section 6. The validity of the bonds authorized by this resolution or
any bond anticipation notes issued in anticipation of the sale of said bonds,
may be contested only if:
(a) such obligations are authorized for an object or purpose for which the
City of Buffalo is not authorized to expend money, or
(b) the provisions of law which should be complied with at the date of the
publication of such resolution are not substantially complied with, and an
action, suit or proceeding contesting such validity, is commenced within twenty
days after the date of such publication, or
(c) such obligations are authorized in violation of the provisions of the
constitution.
Introduced: January 25, 1994
LAID ON THE TABLE
No. 186
By: Mr. Collins
Bond Resolution
$75,000 Bonds
Improvements to Ellicott District Parks and
Playgrounds
Account 200-717-081
Bond Resolution of the City of Buffalo, New York, authorizing
the issuance of $75,000 General Improvement Bonds of said City to finance the
cost of various improvements to parks and playgrounds in the Ellicott District
in the City at the estimated maximum cost of $75,000.
The Common Council of the City of Buffalo, in the County of Erie, New
York, hereby resolves (by the favorable vote of not less than two-thirds of all
the members of said Common Council) as follows:
Section 1. The Comptroller of the City of Buffalo, in the County of Erie,
New York (herein called "City"), is hereby authorized and directed to issue
General Improvement Bonds of said City in the principal amount of $75,000,
pursuant to the provisions of the Charter of said City and the Local Finance
Law, constituting Chapter 33-a of the Consolidated Laws of the State of New
York (the "Law") to finance the cost of various improvements to parks and
playgrounds in the Ellicott District in the City including LaSalle Park,
Willert Park and Johnson Playground. The estimated maximum cost of said class
of objects or purposes for which the bonds authorized by this resolution are to
be issued, including preliminary costs and costs incidental thereto and the
financing thereof, is $75,000, as set forth in the duly adopted Capital
Improvements Budget of said City for fiscal year 1993-94, as amended.
Section 2. The proceeds of the sale of the bonds authorized by this
resolution, or any bond anticipation notes issued in anticipation of the sale
of said bonds, shall be deposited in the Capital Projects Fund to the credit of
the Department of Community Development, Division of Development, "Install
Improvements to Parks in Ellicott District 1993-1994," Bond Authorization
Account No. 200-717-081, and shall be used for the purpose specified in Section
1 of this resolution.
Section 3. The City intends to finance, on an interim basis, the costs or
a portion of the costs of said improvements for which bonds are herein
authorized, which costs are reasonably expected to be incurred by the City,
pursuant to this Bond Resolution, in the maximum amount of $75,000. This
resolution is a declaration of Official Intent adopted pursuant to the
requirements of Treasury Regulation Section 1.103-18(a) through (l).
Section 4. The following additional matters are hereby determined and
stated:
(a) The period of probable usefulness applicable to the class of objects
or purposes for which the bonds authorized by this resolution are to be issued,
within the limitations of Section 11.00 (a) 19 (c) of the Local Finance Law, is
fifteen (15) years.
(b) Current funds are not required by the Law to be provided as a down
payment prior to the issuance of the bonds authorized by this resolution or any
bond anticipation notes issued in anticipation thereof in accordance with
Section 107.00 d. 9. of the Law.
Section 5. Each of the bonds authorized by this resolution and any bond
anticipation notes issued in anticipation of the sale of said bonds and the
renewals of said notes shall contain the recital of validity as prescribed by
Section 52.00 of the Local Finance Law. Said bonds and said notes shall be
general obligations of the City of Buffalo payable as to both principal and
interest by a general tax upon all the taxable real property within said City
without limitation as to rate or amount. The faith and credit of said City are
hereby irrevocably pledged to the punctual payment of the principal of and
interest on said bonds and said notes. Provision shall be made annually by
appropriation by said City for the payment of interest on and for the amounts
required for the amortization and redemption of said bonds and said notes.
Section 6. The validity of the bonds authorized by this resolution or
any bond anticipation notes issued in anticipation of the sale of said bonds,
may be contested only if:
(a) such obligations are authorized for an object or purpose for which the
City of Buffalo is not authorized to expend money, or
(b) the provisions of law which should be complied with at the date of the
publication of such resolution are not substantially complied with,
and an action, suit or proceeding contesting such validity, is commenced within
twenty days after the date of such publication, or
(c) such obligations are authorized in violation of the provisions of the
constitution.
Introduced: January 25, 1994
LAID ON THE TABLE.
No. 187
By: Mr. Collins
Bond Resolution
$200,000 Bonds
Improvements to City Parks and Playgrounds
Account 200-717-049
Bond Resolution of the City of Buffalo, New York, authorizing
the issuance of $200,000 General Improvement Bonds of said City to finance the
cost of improvements, including eliminating hazardous conditions, in various
parks and play areas in the City at the estimated maximum cost of $200,000.
The Common Council of the City of Buffalo, in the County of Erie, New
York, hereby resolves (by the favorable vote of not less than two-thirds of all
the members of said Common Council) as follows:
Section 1. The Comptroller of the City of Buffalo, in the County of Erie,
New York (herein called "City"), is hereby authorized and directed to issue
General Improvement Bonds of said City in the principal amount of $200,000,
pursuant to the provisions of the Charter of said City and the Local Finance
Law, constituting Chapter 33-a of the Consolidated Laws of the State of New
York (the "Law") to finance the cost of improvements, including eliminating
hazardous conditions, in various parks and play areas in the City. The
estimated maximum cost of said specific objects or purposes for which the bonds
authorized by this resolution are to be issued, including preliminary costs and
costs incidental thereto and the financing thereof, is $200,000, as set forth
in the duly adopted Capital Improvements Budget of said City for fiscal year
1993-94, as amended.
Section 2. The proceeds of the sale of the bonds authorized by this
resolution, or any bond anticipation notes issued in anticipation of the sale
of said bonds, shall be deposited in the Capital Projects Fund to the credit of
the Department of Community Development, Division of Development, "City Wide
Park and Play Area Improvements 1993-1994," Bond Authorization Account No.
200-717-049, and shall be used for the purpose specified in Section 1 of this
resolution.
Section 3. The City intends to finance, on an interim basis, the costs or
a portion of the costs of said improvements for which bonds are herein
authorized, which costs are reasonably expected to be incurred by the City,
pursuant to this Bond Resolution, in the maximum amount of $200,000. This
resolution is a declaration of Official Intent adopted pursuant to the
requirements of Treasury Regulation Section 1.103-18(a) through (l).
Section 4. The following additional matters are hereby determined and
stated:
(a) The period of probable usefulness applicable to the specific objects
or purposes for which the bonds authorized by this resolution are to be issued,
within the limitations of Section 11.00 (a) 19 (c) of the Local Finance Law, is
fifteen (15) years.
(b) Current funds are not required by the Law to be provided as a down
payment prior to the issuance of the bonds authorized by this resolution or any
bond anticipation notes issued in anticipation thereof in accordance with
Section 107.00 d. 9. of the Law.
Section 5. Each of the bonds authorized by this resolution and any bond
anticipation notes issued in anticipation of the sale of said bonds and the
renewals of said notes shall contain the recital of validity as prescribed by
Section 52.00 of the Local Finance Law. Said bonds and said notes shall be
general obligations of the City of Buffalo payable as to both principal and
interest by a general tax upon all the taxable real property within said City
without limitation as to rate or amount. The faith and credit of said City are
hereby irrevocably pledged to the punctual payment of the principal of and
interest on said bonds and said notes. Provision shall be made annually by
appropriation by said City for the payment of interest on and for the amounts
required for the amortization and redemption of said bonds and said notes.
Section 6. The validity of the bonds authorized by this resolution or
any bond anticipation notes issued in anticipation of the sale of said bonds,
may be contested only if:
(a) such obligations are authorized for an object or purpose for which the
City of Buffalo is not authorized to expend money, or
(b) the provisions of law which should be complied with at the date of the
publication of such resolution are not substantially complied with,
and an action, suit or proceeding contesting such validity, is commenced within
twenty days after the date of such publication, or
(c) such obligations are authorized in violation of the provisions of the
constitution.
Introduced: January 25, 1994
LAID ON THE TABLE.
No. 188
By: Mr. Collins
Bond Resolution
$300,000 Bonds
Improvements to Massachusetts Pool and Play Area
Account 200-717-069
Bond Resolution of the City of Buffalo, New York, authorizing
the issuance of $300,000 General Improvement Bonds of said City to finance the
cost of improvements to the grounds of the Massachusetts Community Center/Pool
building at the estimated maximum cost of $300,000.
The Common Council of the City of Buffalo, in the County of Erie, New
York, hereby resolves (by the favorable vote of not less than two-thirds of all
the members of said Common Council) as follows:
Section 1. The Comptroller of the City of Buffalo, in the County of Erie,
New York (herein called "City"), is hereby authorized and directed to issue
General Improvement Bonds of said City in the principal amount of $300,000,
pursuant to the provisions of the Charter of said City and the Local Finance
Law, constituting Chapter 33-a of the Consolidated Laws of the State of New
York (the "Law") to finance the cost of improvements to the grounds of the
Massachusetts Community Center/Pool building, including the construction of a
new play area in front of the facility and improvements behind the facility.
The estimated maximum cost of said specific object or purpose for which the
bonds authorized by this resolution are to be issued, including preliminary
costs and costs incidental thereto and the financing thereof, is $300,000, as
set forth in the duly adopted Capital Improvements Budget of said City for
fiscal year 1993-94, as amended.
Section 2. The proceeds of the sale of the bonds authorized by this
resolution, or any bond anticipation notes issued in anticipation of the sale
of said bonds, shall be deposited in the Capital Projects Fund to the credit of
the Department of Community Development, Division of Development, "Improvements
to Massachusetts Pool and Play Area 1993-1994," Bond Authorization Account No.
200-717-069, and shall be used for the purpose specified in Section 1 of this
resolution.
Section 3. The City intends to finance, on an interim basis, the costs or
a portion of the costs of said improvements for which bonds are herein
authorized, which costs are reasonably expected to be incurred by the City,
pursuant to this Bond Resolution, in the maximum amount of $300,000. This
resolution is a declaration of Official Intent adopted pursuant to the
requirements of Treasury Regulation Section I. 103-18(a) through (l).
Section 4. The following additional matters are hereby determined and
stated:
(a) The period of probable usefulness applicable to the specific object
or purpose for which the bonds authorized by this resolution are to be issued,
within the limitations of Section 11.00 (a) 19 (c) of the Local Finance Law, is
fifteen (15) years.
(b) Current funds are not required by the Law to be provided as a down
payment prior to the issuance of the bonds authorized by this resolution or any
bond anticipation notes issued in anticipation thereof in accordance with
Section 107.00 d. 9. of the Law.
Section 5. Each of the bonds authorized by this resolution and any bond
anticipation notes issued in anticipation of the sale of said bonds and the
renewals of said notes shall contain the recital of validity as prescribed by
Section 52.00 of the Local Finance Law. Said bonds and said notes shall be
general obligations of the City of Buffalo payable as to both principal and
interest by a general tax upon all the taxable real property within said City
without limitation as to rate or amount. The faith and credit of said City are
hereby irrevocably pledged to the punctual payment of the principal of and
interest on said bonds and said notes. Provision shall be made annually by
appropriation by said City for the payment of interest on and for the amounts
required for the amortization and redemption of said bonds and said notes.
Section 6. The validity of the bonds authorized by this resolution or
any bond anticipation notes issued in anticipation of the sale of said bonds,
may be contested only if:
(a) such obligations are authorized for an object or purpose for which the
City of Buffalo is not authorized to expend money, or
(b) the provisions of law which should be complied with at the date of the
publication of such resolution are not substantially complied with,
and an action, suit or proceeding contesting such validity, is commenced within
twenty days after the date of such publication, or
(c) such obligations are authorized in violation of the provisions of the
constitution.
Introduced: January 25, 1994
LAID ON THE TABLE.
No. 189
By: Mr. Collins
Bond Resolution
$780,000 Bonds for Reconstruction of Various Curbs, Sidewalks and Streets
Account 200-401-014
Bond Resolution of the City of Buffalo, New York, authorizing
the issuance of $780,000 General Improvement Bonds of said City to finance the
cost of the partial reconstruction and resurfacing of various streets,
including curbs and sidewalks, in the City at the estimated maximum cost of
$780,000.
The Common Council of the City of Buffalo, in the County of Erie, New
York, hereby resolves (by the favorable vote of not less than two-thirds of all
the members of said Common Council) as follows:
Section 1. The Comptroller of the City of Buffalo, in the County of Erie,
New York (herein called "City"), is hereby authorized and directed to issue
General Improvement Bonds of said City in the principal amount of $780,000,
pursuant to the provisions of the Charter of said City and the Local Finance
Law, constituting Chapter 33-a of the Consolidated Laws of the State of New
York (the "Law"), to finance the cost of the partial reconstruction and
resurfacing of various streets, including curbs and sidewalks, in the City. The
estimated maximum cost of said class of objects or purposes for which the bonds
authorized by this resolution are to be issued, including preliminary costs and
costs incidental thereto and the financing thereof, is $780,000, as set forth
in the duly adopted Capital Improvements Budget, as amended, of said City for
fiscal year 1993-94.
Section 2. The proceeds of the sale of the bonds authorized by this
resolution, or any bond anticipation notes issued in anticipation of the sale
of said bonds, shall be deposited in the Capital Projects Fund to the credit of
the Department of Public Works, Division of Engineering, "Reconstruction of
Various Curbs, Sidewalks and Streets," Bond Authorization Account No.
200-401-014, and shall be used for the purpose specified in Section 1 of this
resolution.
Section 3. The City intends to finance, on an interim basis, the costs or
a portion of the costs of said improvements for which bonds are herein
authorized, which costs are reasonably expected to be incurred by the City,
pursuant to this Bond Resolution, in the maximum amount of $780,000. This
resolution is a declaration of Official Intent adopted pursuant to the
requirements of Treasury Regulation Section 1. 103-18(a) through (l).
Section 4. The following additional matters are hereby determined and
stated:
(a) The period of probable usefulness applicable to the class of objects
or purposes for which the bonds authorized by this resolution are to be issued,
within the limitations of Section 11.00 (a) 20.(c) of the Local Finance Law, is
twenty (20) years
(b) Current funds are not required by the Law to be provided as a down
payment prior to the issuance of the bonds authorized by this resolution or any
bond anticipation notes issued in anticipation thereof in accordance with
Section 107.00 d. 9. of the Law.
Section 5. Each of the bonds authorized by this resolution and any bond
anticipation notes issued in anticipation of the sale of said bonds and the
renewals of said notes shall contain the recital of validity as prescribed by
Section 52.00 of the Local Finance Law. Said bonds and said notes shall be
general obligations of the City of Buffalo payable as to both principal and
interest by a general tax upon all the taxable real property within said City
without limitation as to rate or amount. The faith and credit of said City are
hereby irrevocably pledged to the punctual payment of the principal of and
interest on said bonds and said notes. Provision shall be made annually by
appropriation by said City for the payment of interest on and for the amounts
required for the amortization and redemption of said bonds and said notes.
Section 6. The validity of the bonds authorized by this resolution or
any bond anticipation notes issued in anticipation of the sale of said bonds,
may be contested only if:
(a), such obligations are authorized for an object or purpose for which the
City of Buffalo is not authorized to expend money, or
(b) the provisions of law which should be complied with at the date of the
publication of such resolution are not substantially complied with,
and an action, suit or proceeding contesting such validity, is commenced within
twenty days after the date of such publication, or
(c) such obligations are authorized in violation of the provisions of the
constitution.
Introduced: January 25, 1994
LAID ON THE TABLE.
No. 190
By: Mr. Coppola and Mrs. LoTempio
Amend. Chapter 11, Article 10, Section 163-178 Elevator Registration
Ordinance To Exempt Privately Owned Home Wheelchair Lifts from Elevator and
Lift Inspection and Permit Fees
Whereas: Chapter 11, Article 10, Section 163-178, Elevator Registration
Ordinance, requires safety inspections and registrations for all operational
public and privately owned elevators and lifts and a registration of any
elevator or lift in a dormant state located within the city limits; and
Whereas: The city ordinance requires a permit for all new wheelchair lifts
installed in privately owned homes at a fee of $105.00 and also requires
subsequent fees for permits to change or alter construction of a preexisting
lift or for adding a additional lift stop; and
Whereas: Upon installation or alteration of a privately owned wheelchair
lift, an inspection by a professional elevator service is required to assure
the new or altered wheelchair lift is in safe and working condition; and
Whereas: Fees of $52.50 are also required to register and obtain initial
certificates of operation for a wheelchair lift operating in a private home and
fees of $26.25 are charged for each certificate renewal; and
Whereas: Private home wheelchair lifts installed to aid the independent
ingress and egress of handicapped persons from their home cost the owner in
access of $5,000 to purchase; and
Whereas: The excessive cost of purchasing and maintaining a private home
wheelchair lift compounded by the costs of inspect ions and fees for
registration and registration renewals pose a heavy financial burden for the
right to own a private home wheel chair lift to aid a handicapped person; and
Whereas: Exempting private home wheelchair lifts from inspections and
Certificate of Operation registration fees would relieve the owner of these
unnecessary costs.
Now, Therefore Be It Resolved That:
This Common Council requests the Corporation Counsel to amend Chapter 11,
Article 10, Section 163-178, Elevator Registration Ordinance to exempt private
home wheelchair lifts from inspection and registration fees for certificates of
operation.
REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CORPORATION COUNSEL.
No. 191
By: Mr. Helfer
Appointment Of Legislative Assistant
Now, Therefore, Be It Resolved:
That the Common Council does hereby appoint Debora L. Maccagnano, 229
Summit Avenue, Buffalo, New York 14214, to the position of Legislative
Assistant to Councilmember, effective January 24, 1994.
ADOPTED.
No. 192
By: Mrs. Lotempio
Salary Ordinance Amendment
03- Mayor and Executive Department
0 - Executive
001 - Executive Function
The Common Council of the City of Buffalo do ordain as follows:
That part of Section 1 of Chapter 35 of the Ordinances of the City of
Buffalo, relating to 03-0-001 - Mayor and Executive Department - Executive
Function which reads:
1 Deputy Mayor $54,650
1 Executive Staff Manager $40,560
is hereby amended to read:
1 Deputy Mayor $1
1 Executive Staff Manager $45,000
1 Special Assistant to the Mayor $40,000
1 Receptionist/Mayor $21,197 - $23,938
1 Special Assistant to the Mayor $25,000
and further, that part of Section 1 of Chapter 35 of the Ordinances of the City
of Buffalo, relating to 03-0 Mayor and Executive Department - Temporary
Services as Required is hereby amended to read:
Confidential Aide to the Mayor $21.00 hourly
We, Anthony M. Masiello, Mayor and James B. Milroy, Director of the
Budget, hereby certify that the foregoing changes are necessary for the proper
conduct, administration and performance of essential services of that
department. We recommend that the compensation for said positions be fixed at
the amount set forth in the foregoing ordinance.
We, Anthony M. Masiello, Mayor and Joel A. Giambra, Comptroller, hereby
certify that the position of the City will be subserved by the increase in
compensation provided for the positions set forth in the foregoing ordinance.
APPROVED AS TO FORM
Edward Peace
Corporation Counsel
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
No. 193
By: Mrs. LoTempio
Salary Ordinance Amendment
21-0 Department of Fire
021- Administrative Services
The Common Council of the City of Buffalo do ordain as follows:
That part of Section 1 of Chapter 35 of the Ordinances of the City of
Buffalo, relating to 21-0 Department of Fire, "021 - Administrative Services"
is hereby amended by adding thereto:
1 Senior Typist $20,369 - $22,780
We, Cornelius Keane, Commissioner of Fire and James B. Milroy, Director
of the Budget, hereby certify that the addition of one (1) Senior Typist is
necessary for the proper conduct, administration and performance of essential
services of that department. We recommend that the compensation for said
position be fixed at the respective amount set forth in the foregoing
ordinance.
That a personnel requisition incident to the addition of the above
position, containing a statement of the duties of such position, has been filed
with the Municipal Civil Service Commission, and said Commission has approved
and certified the position title set forth in the foregoing ordinance as being
the appropriate Civil Service title for the proposed position.
APPROVED AS TO FORM
Edward Peace
Corporation Counsel
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
No. 194
By: Mrs. LoTempio
Salary Ordinance Amendment
04- Audit & Control Department
2 - Division of Accounting
001 - Accounting Function
The Common Council of the City of Buffalo do ordain as follows:
That part of Section 1 of Charter 35 of the Ordinances of the City of
Buffalo, relating to 04-2-001 - Audit and Control Department - Accounting
Function which reads:
1 Assistant Investment Officer $1
is hereby amended to read:
1 Assistant Investment Officer $26,410 - $30,852
We, Anthony M. Masiello, Mayor and James B. Milroy, Director of the
Budget, hereby certify that the foregoing changes are necessary for the proper
conduct, administration and performance of essential services of that
department. We recommend that the compensation for said position be fixed at
the amount set forth in the foregoing ordinance.
We, Anthony M. Masiello, Mayor and Joel A. Giambra, Comptroller, hereby
certify that the position of the City will be subserved by the increase in
compensation provided for the position set forth in the foregoing ordinance.
APPROVED AS TO FORM
Edward Peace
Corporation Counsel
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
No. 195
By: Mrs. LoTempio
Salary Ordinance Amendment
20 - Department of Police
3 - Bureau of Field Services
002 - Patrol Services
The Common Council of the City of Buffalo do ordain as follows:
That part of Section 1 of Chapter 35 of the Ordinances of the City of
Buffalo, relating to 20 - Department of Police under the subheading "002 -
Patrol Services" which reads:
535 Police Officer $28,814 - $38,957
is hereby amended to read:
562 Police Officer $28,814 - $38,957
It is hereby certified, pursuant to Section 34 of the Charter, that the
immediate passage of the foregoing ordinance is necessary.
We, R. Gil Kerlikowske, Commissioner of Police and James B. Milroy,
Director of the Budget, hereby certify that the creation of twenty-seven (27)
Police Officers is necessary for the proper conduct, administration and
performance of essential services of that department. We recommend that the
compensation for said positions be fixed at the respective amount set forth in
the foregoing ordinance.
That a personnel requisition incident to the creation of the above
positions, containing a statement of the duties of such position, has been
filed with the Municipal Civil Service Commission and said Commission has
approved and certified the position title set forth in the foregoing ordinance
as being the appropriate Civil Service title for the proposed positions.
APPROVED AS TO FORM
Edward Peace
Corporation Counsel
PASSED.
AYES- 12 NOES- 0.
No. 196
By: Mrs. LoTempio
Rescind Annual Fee For Monitored Alarm Registration
Whereas: Chapter 263 of Chapter 175 of the City of Buffalo ordinances
mandates a $10.00 annual fee for monitored alarm registration; and
Whereas: The purpose of this registration is to identify these locations and
to make them part of the city's Computer-Aided Dispatch (CAD) system; and
Whereas: There is no justification for this annual fee, since there is no
type of inspection or other service that is required following the
registration; and
Whereas: Not only is this fee burdensome and unnecessary, but it could serve
to discourage persons from becoming part of a system that is designed to
enhance the effectiveness and efficiency of the city's response to emergency;
and
Whereas: The amount of income derived by the fee is relatively insignificant
to the city, and its loss would not have a serious impact upon the budget;
Now, Therefore Be It Resolved:
That the Law Department be directed to prepare an ordinance amendment
making the $10.00 fee for monitored alarm registration payment due only at the
time of the registration and not on an annual basis; and
Be It Further Resolved:
That a fee would not be charged again, except if there is a change of
address or an individual disconnects and later decides to return to the system;
and
Be It Finally Resolved:
That alarm installers would be required to maintain an accurate list of
locations that are part of the system, and notify the city annually of all
locations that have been disconnected.
REFERRED TO THE COMMITTEE ON FINANCE AND THE CORPORATION COUNSEL.
No. 197
By: Mr. Perla
Ordinance Amendment
Chapter 141 - Collection of Arrears
The Common Council of the City of Buffalo does hereby ordain as
follows:
That a new Chapter 141 be added to the Code of the City of Buffalo with
section and section headings to read as follows:
Chapter 141
Collection of Arrears
141-1. Legislative intent.
141-2. Definitions.
141-3. Procedures.
141-4. Outstanding Obligations.
141-1. Legislative Intent.
The City Charter, Section 113, provides that all unpaid accounts be
turned over to the City Comptroller for collection with the assistance of the
Corporation Counsel. The intent of this ordinance is to codify procedures and
responsibility in the area of collections. These procedures shall be enforced
by the City Comptroller under his authority granted by City Charter. The
Comptroller shall also make available an annual report detailing the operations
under this section and any recommendations for changes in the legislation to
better facilitate the collection operation.
141-2. Definitions.
(A) Arrears. All receivables due and owing to, or billed by, any City
board, division, agency or department (except Parking Violations Bureau) unpaid
over 90 days from the date of billing or the date originally due, whichever
occurs first.
(B) Receivables. All billings including but not limited to property
taxes, water bills, sewer rent charges, demolition costs, parking tickets and
other billings issued by any City department or agency.
141-3. Procedures.
(A) Each City agency or department which creates a receivable shall
promptly refer all arrears to the Comptroller's Division of Collections in a
manner prescribed by the Division of Collections.
(B) The Division of Collections shall perform necessary collection and
billing of said arrears accounts with the assistance of the Department of Law
as required.
(C) The Comptroller may engage the services of private credit or
collection agencies and other professional services, as required, in accordance
with the General Municipal Law and Charter.
(D) The Comptroller will prepare an annual report detailing the monies
and fees collected and expended.
(E) The Comptroller shall impose fees or charges in connection with the
collection of arrears as provided for by Chapter 175 of these Ordinances and
any and all fees collected upon arrears pursuant to Section 175 shall be
accounted for separately. All amounts shall be deposited to the City General
Fund.
141-4. Outstanding Obligations.
No person, individual, corporation or other entity shall be permitted to
contract with, be licensed or permitted by, or do business with the City of
Buffalo, its departments, boards or agencies, without official certification by
the Division of Collections that all outstanding obligations or arrears owed to
the City, its departments, boards or agencies, are paid in full or otherwise
made arrangement for payment in full to the satisfaction of the Comptroller.
This section shall not be deemed to require payment of any obligation prior to
the last day such obligation is due without penalty or interest or prior to the
expiration of any application grace period.
APPROVED AS TO FORM
Edward Peace
Corporation Counsel
REFERRED TO THE COMMITTEE ON FINANCE.
No. 198
By: Mr. Perla
Ordinance Amendment
Chapter 175 - Fees
The Common Council of the City of Buffalo does hereby ordain as
follows:
That Chapter 175 - be amended to add to the Code of the City of Buffalo
fees for collection of arrears pursuant to Chapter 141 as follows:
Chapter 141, Collection of Arrears
(A) Collection processing charge - $10.00
(B) Additional charge to be added to all arrears sent to outside credit
or collection agency - actual amount charged by the collection agency.
(C) Additional charge for administrative and legal expense to be added
after litigation is commenced to arrears -twenty percent (20%) of arrears of
$500.00 or less in the aggregate, ten percent (10%) of arrears more than
$500.00 but less than $2,000.00 in the aggregate, and five percent (5%) of
arrears of $500.00 or more in the aggregate.
(D) These fees shall be in addition to statutory interest and costs,
where applicable.
APPROVED AS TO FORM
Edward Peace
Corporation Counsel
REFERRED TO THE COMMITTEE ON FINANCE.
No. 199
By: Mr. Perla
Appointment Of Legislative Assistant
Now, Therefore, Be It Resolved:
That the Common Council does hereby appoint Leonard R. Sciolino, 45
Manchester Pl., Buffalo, New York 14213, to the position of Legislative
Assistant to Councilmember, effective January 24, 1994.
ADOPTED.
No. 200
By: Messrs. Perla and Collins
Discharge Economic Development Committee
Amend LDA Masten New Housing (HRG. HELD)
(Item 171, C.C.P., October 19, 1993)
Whereas, the above item is currently tabled in the Economic Development
Committee, and
Whereas, it is no longer necessary for this item to be considered by that
committee,
Now Therefore Be It Resolved, that this Common Council does hereby
discharge the Economic Development Committee from further consideration of this
item, and the item is now before the Common Council for its consideration.
ADOPTED.
Mr. Pitts now moved:
Whereas, the Buffalo Urban Renewal Agency (herein referred to as the
"Agency") has duly designated Omega Homes, 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
Whereas, The proposed amendment to the Land Disposition Agreement has
been duly submitted to the Common Council by the Buffalo Urban Renewal Agency;
and
Whereas, The Agency and the Redeveloper have requested to amend the LDA
to include 32-38 Elsie, 183-187 Waverly, 253-257 Purdy and 42-46 Alexander
Streets to Schedule A of said LDA for the construction of four (4) additional
units of residential new housing known as the Masten New Housing Project Phase
I in the Community Wide Urban Renewal Demonstration Program Area;
Now, Therefore, Be It Resolved:
(1) That the Land Disposition Agreement by and between The City of
Buffalo Urban Renewal Agency and Omega Homes, Inc. shall be amended as follows:
a.) Amend Schedule "A- as attached hereto to include 32-38 Elsie, 183-187
Waverly, 253-257 Purdy and 42-46 Alexander Streets to Schedule A of said LDA
for the construction of four (4) additional units of new housing.
b.) All terms and provisions not included in this Amendment shall remain
unchanged and shall remain in full effect.
(2) That Omega Homes, 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 Community Wide Urban
Renewal Homestead Program.
(3) 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 amended "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 said
land so described in the subject LDA to BURA.
PASSED.
AYES- 12 NOES- 0.
No. 201
By: Messrs. Perla and Pitts
Consenting to Lead Agency Status of the
Buffalo Preservation Board/Walgreen Pharmacy
at Delaware and North
Whereas: The Buffalo Preservation Board has requested lead agency
status for the proposed Walgreen pharmacy at Delaware and North (Item 3, C.C.P.
November 30, 1993); and
Whereas: Because community issues outside the expertise of the Preservation
Board had not been resolved at that time, this Common Council had not assented
to lead agency status for the Board and had in fact proposed that the Council
become lead agency (Item 169 C.C.P. - December 28, 1993, Lead Agency
Designation -650 Delaware); and
Whereas: All outstanding issues between Walgreen Co. and the community have
been resolved; and
Whereas: Because the most significant environmental issues regarding this
project relate to architectural and preservation concerns, it is appropriate
for the Preservation Board to be lead agency; and
Whereas: If the points agreed to by Walgreen Co. and community residents are
included as conditions of approval of the project it would be beneficial for
the Preservation Board to proceed with the environmental review of this
project;
Now Therefore Be It Resolved, that:
This Common Council, an involved agency, hereby affirms that it consents
to the City of Buffalo Preservation Board acting as lead agency for the State
Environmental Quality Review Act (SEQRA) review process of the proposed
Walgreen pharmacy at Delaware and North, provided that the following conditions
are imposed in the event the project is approved:
1. Walgreen Co. will employ a security guard on the premises from 11:00 P.M.
to 7:00 A.M. The security guard will be directed to patrol the exterior areas
of the store at 30 minute intervals on a staggered basis.
2. No alcoholic beverages will be sold from the Delaware-North location.
3. Screening of the parking lot will consist of a boundary brick wall high
enough to screen car headlights.
4. The roof will be constructed of materials with a copper patinate
appearance.
5. The store will open with pharmacists on duty 24 hours per day.
6. If Walgreen Co. wishes to make changes regarding any of these conditions,
they will first give a written description of the changes to the Common Council
by filing them with the City Clerk 30 days before they propose to enact them.
The Council will inform interested community residents and the issue will be
discussed under the aegis of the Legislation Committee, either informally or in
a full committee meeting at the discretion of the Legislation Committee chair
in consultation with the district Councilmember. While Walgreen Co. reserves
the right to make business decisions for the store and pledges to cooperate
with the community and the Common Council so that the store benefits the
neighborhood environment, any changes of the conditions provided in this
Resolution must be approved by the Common Council.
7. If residents wish to propose changes regarding the store, they may also
do so through the Legislation Committee, using the process outlined in point 6
above; and
Be It Further Resolved, that:
The City Clerk be directed to send a certified copy of this resolution
along with a signed lead agency Consent and Affirmation form to the
Preservation Board as soon as possible.
ADOPTED.
No. 202
By: Mr. Pitts
City Centre Request for Construction Financing
Whereas, by communication dated December 22, 1993, Item No. 81,
C.C.P., December 28, 1993, the City Centre Development Company has requested
this Common Council to consider approving a $925,000 construction loan to
enable City Centre to proceed with the construction of a parking facility at
Chippewa and Pearl Streets (the "Proposal"); and
Whereas, the previous Administration identified as a potential source of
funding, a portion of $1.5 million early repayment funds expected to be
returned to the City General Fund as a result of the sale of the Convention
Center Parking Ramp (the "Source of Funds"); and
Whereas, the new Administration has yet to determine the potential
applications of the $1.5 million Source of Funds.
Now, Therefore, Be It Resolved That:
This Common Council hereby requests that the Mayor review the City Centre
Proposal, so that he may, in his discretion, determine the appropriateness of
this proposed use of the Source of Funds.
ADOPTED.
No. 203
By: Mr. Pitts
Sale of 263-267 Virginia Street
Whereas: Reverend Angel L. Gauthier, Pastor of Missionary Church
of Christ located at 257 Virginia Street proposes to build a brand new church
building on Virginia Street. This edifice will cost approximately one million
dollars, and
whereas: The new complex planned by Rev. Gauthier will also provide needed
community services. A center is planned which will provide social services for
the needy who are homeless, hungry and immigrants, and
Whereas: Rev. Gauthier's ministry is well known throughout the community.
He has been active and vocal in supporting his constituency. The development
of this new church complex will finally provide a suitable church home for his
ministry.
Now Therefore Be It Resolved That:
The Common Council request the Comptroller to negotiate a private sale of
263267 Virginia Street to Rev. Gauthier to allow him to build his new church.
Be It Further Resolved That:
The Common Council requests the Comptroller to be cognizant of the
limited funding of the church and consider the exceptional public benefit this
project will have especially on Virginia Street and in the lower westside
neighborhood.
ADOPTED.
No. 204
By: Mr. Pitts
Removal of Michigan Avenue Bridge
Whereas: The City of Buffalo has undertaken a program to remove
obsolete viaducts and bridges during the past ten years. These crossings have
fallen into disrepair and were used to accommodate railroad and/or vehicle
traffic, and
Whereas: While a number of these viaducts and bridges have been removed
there are still some to be removed. One is the Michigan Avenue Bridge between
Exchange and Scott Streets, and
Whereas: The City Department of Public Works and various businesses in the
area have attempted for a number of years to have the State of New York to
remove the bridge no action has been taken, and
Whereas: As the City of Buffalo embarks upon a new inner Harbour Waterfront
Plan, a new Crossroads Arena, the redevelopment of land along Exchange Street
and the residential development of the new South Ellicott area, the Michigan
Avenue Bridge becomes even more obsolete, and
Whereas: The removal of the bridge to create an at grade crossing would
allow for the free flow of traffic from north to south along Michigan Avenue
and remove the height obstruction at Exchange Street, it would also free up
substantial land between Exchange and Scott Streets for redevelopment.
Now Therefore Be it Resolved That:
The Common Council request the Department of Public Works to formally
request the removal of the Michigan Avenue Bridge to the State Department of
Transportation.
Further Be it Resolved That:
The Common Council's Finance Committee hold a Public Hearing to
demonstrate the community's support for this proposal.
REFERRED TO THE COMMITTEE ON FINANCE, THE COMMISSIONER OF PUBLIC WORKS AND THE
NEW YORK STATE DEPARTMENT OF TRANSPORTATION.
No. 205
By: Mr. Pitts
Amend Grant- Buffalo Hearing & Speech
Whereas: The Buffalo Common Council, in adopting the 1993-94 City
Budget, approved Grant-in-Aid funding for the Buffalo Hearing and Speech Center
in the amount of $5,000, and,
Whereas: The Buffalo Hearing and Speech Center entered into a contract to
utilize these funds for a Community Based Interpreter Training Program through
Deaf Adult Services, and,
Whereas: Deaf Adult Services, on October 1, 1993, became and individual 501
(c)(3) corporation, separated from the Buffalo Hearing and Speech Center, and,
Whereas: The Buffalo Hearing and Speech Center has agreed to transfer the
aforementioned Grant-in-Aid contract to Deaf Adult Services, and,
Whereas: Deaf Adult Services has agreed to accept all obligations and
responsibilities for all preexisting contracts including the City of Buffalo
Grant-in-Aid contract, be it hereby resolved
Now Therefore Be It Resolved:
That the Department of Human Resources be authorized to amend the
existing Grant-in-Aid contract to transfer all rights and responsibilities
formerly agreed to with the Buffalo Hearing and Speech Center, to Deaf Adult
Services ; and
Be It Further Resolved:
That the City Comptroller be authorized to release funding, not to exceed
the original amount of $5,000, to Deaf Adult Services, to continue services as
described in Exhibit B of the original Grant-in-Aid contract with the Buffalo
Hearing and Speech Center.
PASSED.
AYES- 12 NOES- 0.
No. 206
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:
Pamela L. Mayer
James W. Malone
Cornelius J. Keane
Cheryl A. Kane
Patrick J. Garlock
Charles S. Cala
Michael J. Divito
Gregory J. Tramont
Mary E. Delucci
Marcia E. Olszewski
Leonard R. Sciolino
Total: 11.
ADOPTED.
No. 207
By: Mr. Zuchlewski
Appointments Commissioners of Deeds
That the following persons are hereby appointed as Commissioner
of Deeds for the term ending December 31, 1994, conditional upon the persons so
appointed certifying under oath to their qualifications and filing same with
the City Clerk:
Stephen DeMarie
Brenda L. Lawless
Yvonne Anderson
Maria D. Battaglia
Antina Mariani
Louise Kurek
Total: 6.
ADOPTED.
No. 208
Announcement of Committee Meetings
The following meetings are scheduled. All meetings are held in
the Council Chambers, 13th floor, City Hall, Buffalo, New York, unless
otherwise noted.
Regular Committees
Civil Service Tuesday, FEB 1, 1994 9:30 AM
Finance Tuesday, FEB 1, 1994
Immediately Following Civil Service
Legislation Tuesday, FEB 1, 1994 2:00 PM
Economic Dev. Wednesday, FEB 2, 1994, 10:00 AM
No. 209
Adjournment
On a motion by Mr. Pitts, Seconded by Mr. Bell the Council adjourned
at 2:51 P.M.
Charles L. Michaux, III
City Clerk