HomeMy WebLinkAbout94-0222
No. 4
Common Council
Proceedings
of the
City of Buffalo
Regular Meeting, February 22, 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, February 22, 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, Perla, Pitts, and Zuchlewski- 12.
ABSENT- Councilmember Coppola - 1.
On a motion by Mr. Pitts, seconded by Mr. Collins, the minutes of the stated
meeting held on February 8, 1994, and the Special Session held on February 15,
1994 were approved.
FROM THE MAYOR
No. 1
Appointment of Judges
Pursuant to the power invested in me as Mayor of the City of Buffalo,
through the laws of the State of New York, on January 7, 1994, I appointed the
Hon. Thomas P. Amodeo, City Court Judge, to the position of Chief City Court
Judge for the City of Buffalo. This appointment was to fill the vacancy created
by the recent election of Chief Judge Frank A. Sedita, Jr., to the Supreme
Court of the State of New York. This appointment was effective January 7, 1994
for a term to expire December 31, 1994.
I also appointed Shirley Troutman as City Court Judge for the City of
Buffalo, effective January 7, 1994 for a term to expire December 31, 1994. This
appointment was to fill the vacancy created by the recent election of Rose H.
Sconiers to the Supreme Court of the State of New York.
I also appointed Patrick M. Carney as City Court Judge for the City of
Buffalo, effective January 7, 1994 for a term to expire December 31, 1994. This
appointment is to fill the vacancy created by the appointment of the Hon.
Thomas P. Amodeo to Chief Judge of Buffalo City Court.
I also certify that based upon each appointee's education and experience,
they are each fully qualified to fill the vacancies so stated.
RECEIVED AND FILED.
No. 2
Appointment of Receptionist/Mayor
I, Anthony M. Masiello, appoint to the position of Receptionist/Mayor
effective February 9, 1994 in the Executive Department Ms. Bernadette Ricks,
195 Anderson Place, Buffalo, New York 14222 at a starting salary of $23,938.
Ms. Ricks has four years of experience in the Receptionist Field and
maintains many excellent qualities which makes her most qualified for this
position.
RECEIVED AND FILED.
No. 3
Appointment of Confidential Aide to Mayor
Pursuant to the provisions of Section 441 of the Charter of the
City of Buffalo, I transmit herewith for filing the following certificate of
appointment.
Pursuant to the power vested in me under the provisions of Section 71 of
the Charter of the City of Buffalo, I hereby certify that I have appointed
James W. Burns, 175 Admiral Rd., Buffalo, New York 14216 as Confidential Aide
to the Mayor on a temporary hourly basis in the Executive Department of the
City of Buffalo effective February 9, 1994.
By virtue of Mr. Burns' extensive experience as Budget Director and
Commissioner of Administration and Finance and his proven dedication to the
provision of service of the highest quality, I hereby certify the Mr. Burns is
well qualified to discharge the duties of Confidential Aide to the Mayor in the
office of the Mayor.
RECEIVED AND FILED.
No. 4
Appointment of Member of
Buffalo Municipal Water Finance Authority
Under the authority granted me by Section 1048-C of title two-B
of Article five of the Public Authorities Law, I hereby appoint, subject to
confirmation by Your Honorable Body, Joseph Makowski, residing at 194
Huntington Avenue, Buffalo, NY 14214 to the position of member effective
January 1, 1994 for a term expiring December 31, 1995.
Mr. Makowski will replace Marie F. Currie whose term has expired.
I hereby certify that Joseph Makowski is fully qualified to serve as a
member of the Board of Directors of the Buffalo Municipal Water Finance
Authority.
REFERRED TO THE COMMITTEE ON FINANCE.
FROM THE MAYOR - EXECUTIVE DEPARTMENT
FROM THE CITY PLANNING BOARD
No. 5
M. Mohsin, 471 E. Ferry St.
Item No. 77, C.C.P., 2/8/94
The City Planning Board at its regular meeting held Tuesday, February
15, 1994 considered the above petition pursuant to section 511-68.1 of the
Buffalo Code (Hamlin Park Overlay Review District).
The applicant seeks to erect a (26 foot by 60 foot) metal canopy over
existing gas pumps.
Under S.E.Q.R. the proposed canopy is considered a Type II action.
The City Planning Board voted to approve the requested metal canopy.
RECEIVED AND FILED.
No. 6
K. China, 478-484 Elmwood Ave.
Item No. 79, C.C.P., 2/8/94
The City Planning Board at its regular meeting held Tuesday, February
15, 1994, considered the above petition pursuant to sections 413-59 (Sidewalk
Cafes) and 511-56 (Elmwood Ave. Business District) of the Buffalo Code.
The applicant seeks to expand his restaurant business with the placement
of a (6 foot by 15 foot) sidewalk cafe in the right-of-way.
Under S.E.Q.R. the proposed expansion is considered a Type II action.
The Planning Board voted to approve the requested sidewalk cafe with the
following conditions:
1. that the Department of Public Works review and approve
the encroachment of city right-of-way
2. the sidewalk cafe must close by 11:00 p.m.
3. no outside music
4. no outside trash receptacles.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 7
Rich Marina - 23 Austin St.
Item No. 80, C.C.P., 2/8/94
The City Planning Board at its regular meeting held Tuesday, February
15, 1994 considered the above petition pursuant to section 511-68 (Niagara
River Coastal Special Review District) of the Buffalo Code.
The applicant seeks to construct a (36 foot by 25 foot) building for use
by boaters of Rich Marina. The building will house restroom and shower
facilities.
After much discussion about the lack of access to the foot of Austin
Street and Hertel Avenue, the City Planning Board voted to approve the
requested restroom and shower facilities.
Under S.E.Q.R., the proposed building is considered an unlisted action
requiring uncoordinated review.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 8
Nardin Academy, 135 Cleveland Ave.
Item No. 91, C.C.P., December 28, 1993
The City Planning Board at its regular meeting held Tuesday, February
15, 1994, considered the above petition pursuant to section 387-19 (Application
for billboard, ground sign, or pole sign permit).
The applicant seeks to place an illuminated (4 foot by 8 foot) ground
"ID" sign entirely on private property. The property is located in a "R1" zone
which prohibits such signs. The applicant has requested a variance from the
Zoning Board of Appeals.
The City Planning Board voted no objection to the proposed sign. Under
S.E.Q.R. the proposed sign is a Type II action.
REFERRED TO THE COMMITTEE ON LEGISLATION.
FROM THE BOARD OF PARKING
No. 9
Report of Bids - Skyway Lot No. 3
The current three year lease for the above stated surface parking
lot is about to expire (former annual rental $60,606).
The Board of Parking advertised for a new three year lease on February 4,
1994. The bids were received on February 16, 1994 in the office of the Board
of Parking, 1801 City Hall at 11:00 a.m. and publicly read aloud. The results
are as follows:
OPERATOR ANNUAL BID
Allright Parking Buffalo, Inc. $52,052.52
460 Statler Towers
Buffalo, NY 14202
At this time, the Board of Parking would recommend a new three year lease
be awarded to Allright Parking Buffalo Inc. with an annual rental payment of
$52,052.52 be awarded.
REFERRED TO THE COMMITTEE ON FINANCE AND THE CORPORATION COUNSEL.
FROM THE COMPTROLLER
No. 10
Certificate of Necessity
Transfer of Funds
Common Council - Council members
Common Council - Legislative
We, Anthony M. Masiello, Mayor and Joel A. Giambra, Comptroller,
do hereby certify, pursuant to Section 42 of the Charter, that it is necessary
that the sums of $1,535, $1,535 and $9,210.60 be transferred and reappropriated
from the Common Council -Legislative - Salary accounts for Councilmen Perla,
Helfer and Collins respectively, as set forth below:
The amounts to be transferred represent unexpended balances of items
contained in the budget for the current fiscal year and will not be needed at
this time for the purpose for which they were appropriated.
Dated: Buffalo, NY, February 16, 1994
RECEIVED AND FILED.
No. 11
Certificate of Necessity
Transfer of Funds
Parking Enforcement Parking Violations Bureau (salaries) Parking Enforcement
Parking Meters/ Enforcement (salaries) Parking Enforcement Towing/ Storage
0perations (overtime)
We, Anthony M. Masiello, Mayor and Joel A. Giambra, Comptroller,
do hereby certify, pursuant to Section 42 of the Charter, that it is necessary
that the sum of $17,000 be transferred and reappropriated from the Division of
Parking Enforcement -- Parking Violations Bureau, as set forth below:
Dated: Buffalo, NY, February 9, 1994
RECEIVED AND FILED.
No. 12
Certificate of Necessity
Transfer of Funds
Division of Engineering -- Lighting of Streets
Div. of Engineering-- Repair/Constr of Other Public Imps.
We, Anthony M. Masiello, Mayor and Joel A. Giambra, Comptroller,
do hereby certify, pursuant to Section 42 of the Charter, that it is necessary
that the sum of $20,000 be transferred and reappropriated from the Division of
Engineering -- Lighting of Streets, as set forth below:
Dated: Buffalo, NY, February 10, 1994
RECEIVED AND FILED.
No. 13
Certificate of Necessity
Department of Police -- Management Services Bureau
Department of Police -- Building and Fleet Maintenance
We, Anthony M. Masiello, Mayor and Joel A. Giambra, Comptroller,
do hereby certify, pursuant to Section 42 of the Charter, that it is necessary
that the sum of $23,000 be transferred and reappropriated from the Department
of Police -Management Services Bureau, as set forth below:
Dated: Buffalo, NY, February 8, 1994
RECEIVED AND FILED.
No. 14
Certificate of Determination
$10,000,000 Bond Anticipation Note Sale
CERTIFICATE OF DETERMINATION BY THE COMPTROLLER RELATIVE TO AUTHORIZATION SALE,
ISSUANCE, FORM AND CONTENTS OF A
$10,000,000 BOND ANTICIPATION NOTE-1994 (FEDERALLY TAXABLE) OF THE CITY OF
BUFFALO, NEW YORK.
The Bond Anticipation Note was sold at public sale to Chemical
Securities Inc.. The Bond Anticipation Note will be dated February 15), 1994
and will bear interest at the rate of (4.00%) per annum, payable on August 16,
1994.
The Bond Anticipation Note will be delivered and shall be paid for on or
about February 15, 1994 in New York, New York.
A Supplemental Official Statement may be obtained from the offices of the
independent financial advisor to the City, Government Finance Associates, Inc.
of New York, in New York City, at (212) 809-5700, or the office of the
Comptroller, Room 1225 City Hall, Buffalo, New York, at (716) 851-5255.
REFERRED TO THE AUDITORIUM AND STADIUM TASK FORCE.
No. 15
Interfund Loan
Over the last six years, the City has provided interfund loans
from the City General Fund to The City, Board and Enterprise Capital Projects
Funds to implement financing of the Capital Improvements Budget. The interfund
loans are repaid when the Bond Anticipation Notes or Bonds are issued to
finance these projects.
As of today, we have two requests for money to finance projects and we
will not reenter the bond market at this time. We just completed a bond sale
on February 8, 1994.
We are requesting that you approve interfund cash loans from the General
Fund to the City Capital Projects Fund in the amount of $47,700 for the
Reconstruction of the front steps of City Hall and the amount of 525,000 for
the Reconstruction of 735 Humboldt. The loans will be repaid when Bond
Anticipation Notes or Bonds are issued.
From To Account Repayment Date Total
100 Gen 200 Cap Proj 200-402-012 BAN/Bond Sale $47,700
100 Gen 200 Cap Proj 200-402-091 BAN/Bond Sale $25,000
Mr. Pitts moved:
That the communication from the Comptroller, dated February 15, 1994, be
received and filed; and
That the Comptroller be, and he hereby is, authorized to make interfund
cash loans from the General Fund to the Capital Projects Fund in the amount of
$47,700 for the reconstruction of the front steps of City Hall and in the
amount of $25,000 for the reconstruction of 735 Humboldt. The loans will be
repaid when Bond Anticipation Notes or Bonds are issued.
PASSED.
AYES- 12 NOES- 0.
No. 16
Monthly Overtime Usage Report
Attached is the update of the Monthly Overtime Usage Report which
reflects expenditures of overtime for all City departments. This report also
projects overtime expenditures for the entire fiscal year (1993-94) based on
current spending patterns.
This report provides overtime expenditures as of 1/31/94.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 17
2nd Quarter Financial Report
This is to advise that the following information for the City
of Buffalo General Fund, has been filed with the City Clerk, the Office of the
Common Council Chief of Staff, and the Budget Division:
For the 2nd Quarter of the current Fiscal Year representing the months of
October, November and December, 1993:
1. Balance Sheet
2. Summary of Revenues
3. Summary of Appropriation and Accounting Activity
The Revenue report lists revenue by Department and Division within each
Revenue source area.
The Summary of appropriation and Accounting Activity lists appropriation,
expenditure and encumbrance activity by department, division and function.
This information is also available to all users of the on- line
Accounting systems.
This information is furnished in response to your request for quarterly
financial data.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 18
Renewal Option - Lease Agreement
Between The City of Buffalo And Council of
Senior Citizen Clubs of Buffalo and Erie
Item No. 17, C.C.P. 2/27/90
Your Honorable Body authorized the leasing of Room 221 Buffalo
City Hall. This lease agreement was for a one (1) year period commencing April
1, 1993 and ending March 30, 1994.
This office has received a request from the Council of Senior Citizen
Clubs of Buffalo and Erie County, Inc., Mr. Anthony F. Montoro, Council
President, to exercise their option to renew said lease for an additional one
year period as stated in their lease agreement. The lessee has fully satisfied
this requirement and has complied with all other provisions and terms of the
lease.
This office recommends Your Honorable Body approve the Council of Senior
Citizen Clubs of Buffalo and Erie County's request to renew their lease for an
additional one year term, commencing on April 1, 1994 and ending March 30,
1995. 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 February 7, 1994, be
received and filed; and
That the Comptroller be, and he hereby is, authorized to renew the lease
with between the City of Buffalo and Council of Senior Citizen Clubs of Buffalo
and Erie for a one-year period, to commence on April 1, 1993 and ending on
March 30, 1994, with the lessee to save the City harmless from any liability
and to provide insurance therefore as set forth per Item No. 17, C.C.P.,
February 27, 1990. 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.
No. 19
Permission to Negotiate
640 Michigan (7' x 186')
251' N Michigan
Assessed Value: $50
The Office of the Comptroller, Division of Real Estate, has received
a request from Twins Partnership, 327 Elm Street, Thomas C. and Gerald A.
Kyser, owners, Buffalo, New York, to purchase the above captioned property to
square off their property.
The Tax and Demolition Lien offices have been contacted and there are no
taxes and/or no demolition liens owing. The Department of Community
Development and Community Revitalization were also contacted and have no
objections to a sale.
Therefore, we are requesting permission to negotiate a private sale with
Richard Lerczak and will report the results of our negotiation back to Your
Honorable Body for final approval.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 20
Permission to Negotiate
95 Northampton (25' x 146')
Assessed Valuation: $1,500
The Office of the Comptroller, Division of Real Estate, has received
a request from Mrs. Louise T. Jackson, 97 Northampton to purchase the above
property. She intends to fence in the parcel and provide a play area for her
grandchildren.
The Tax and Demolition Lien offices have been contacted and there are no
taxes and/or no demolition liens owed by the purchaser. The Department of
Community Development and Community Revitalization were also contacted and have
no objections to a sale.
Therefore, we are requesting permission to negotiate a private sale with
Louise T. Jackson and will report the results of those negotiations back to
Your Honorable Body for final approval.
Mr. Pitts moved:
That the communication from the Comptroller dated February 16, 1994, be
received and filed; and
That the Comptroller be, and he hereby is, authorized to negotiate with
Mrs. Louise T. Jackson, 97 Northampton, for the private sale of 95 Northampton
and report to this Honorable Body the results of such negotiations.
ADOPTED.
No. 21
Permission to Negotiate
174 Parade North (36' x 94')
Assessed Valuation: $2,500
567 Fillmore (30' x 125')
Assessed Valuation: $1,880
The Office of the Comptroller, Division of Real Estate, has received
a request from National Fuel Gas to purchase the above properties. They intend
to acquire for the purposes of constructing a regulator station to improve
service to customers in the area.
Therefore, we are requesting permission to negotiate a private sale with
National Fuel Gas Corporation and report results of those negotiations back to
Your Honorable Body for final approval.
Mr. Pitts moved:
That the communication from the Comptroller dated February 4, 1994, be
received and filed; and
That the Comptroller be, and he hereby is, authorized to negotiate with
National Fuel Gas, for the private sale of 174 Parade North and 567 Fillmore
and report to this Honorable Body the results of such negotiations.
ADOPTED.
No. 22
Permission to Negotiate 427 Wholers
35' x 105' (N cor Goulding)
Assessed Value Land: $2,600
Assessed Value Total: $38,000
The Office of the Comptroller, Division of Real Estate, has received
a request to acquire the vacant two (2) family home located at 427 Wholers.
Community Action is requesting to purchase this property "as is". The
property consists of a frame two and one half (2 1/2) story, two (2) family
dwelling.
Community Action Organization intends to purchase, rehabilitate and
market this home to a low income family.
This office is requesting permission to negotiate a private sale with
Community Action Organization for sale of the above mentioned property and will
report the results of our negotiation back to Your Honorable Body for final
approval.
Mr. Pitts moved:
That the communication from the Comptroller dated February 9, 1994, be
received and filed; and
That the Comptroller be, and he hereby is, authorized to negotiate with
Community Action, for the private sale of 427 Wohlers and report to this
Honorable Body the results of such negotiations.
ADOPTED.
No. 23
Permission To Negotiate
2175 Fillmore 30' N Leroy Lot Size: 50'x1l5'
Assessed Valuation: $2,900
149 Jewett 120' E Fillmore
Vacant Single Home Lot 31'
Assessed Valuation $28,200
The Office of the Comptroller, Division of Real Estate, has received
a request from Ellicott Development Company, to purchase the above two (2)
parcels. 2175 Fillmore consists of a vacant lot acquired by the City of Buffalo
through tax foreclosure. 149 Jewett consists of a vacant one and a half (1 1/2)
story single family home in poor condition. Ellicott Development Company
intends to purchase these City parcels in conjunction with the former Leroy
Pharmacy located at 2185 North Fillmore to construct a new Rite Aid Pharmacy.
The Departments of Community Development and Community Revitalization
have been contacted and they have no objections to the sale of the two (2)
parcels. The Tax, Demolition and Collections Departments have been contacted
and there are no outstanding liens owed by the purchaser.
I am recommending that Your Honorable Body authorize the office of the
Comptroller to negotiate a private sale and report the results of our
negotiations back to Your Honorable Body for final approval.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 24
Results of Negotiations 383 High St S 100' W Jefferson
Vacant Lot: 25' x 100'
Assess Valuation: $11,000 Land
Item # 10, C.C.P. 5/11/93
In the above referenced item Your Honorable Body authorized the
Office of the Comptroller, Division of Real Estate, to negotiate a private sale
with Sylvia Renee Williams, 135 Rose street, Buffalo, NY 14212 to purchase the
above captioned property
Ms. Williams owns the home at 133 Rose street and adjoins 383 High Street
at the rear. She intends to use this additional lot for extra yard area.
An independent appraisal of the property was conducted by Mr. James
White, Appraiser, 537 Humboldt Parkway, Buffalo, New York 14208. He has
estimated the fair market value of the property to be Seven Hundred and Fifty
Dollars. This represents approximately $.30 a square foot.
The Division of Real Estate has investigated the sales of similar
properties in the area. Sale prices range from $.36 a square foot to $.50 a
square foot, indicating a value of $900 to $1,200 for the subject property.
The results of our negotiations are that Sylvia Williams has agreed and
is prepared to pay Nine Hundred ($900) for the subject property. She has also
agreed to pay for the cost of the appraisal, transfer tax, recording fees and
cost of the legal description.
I am recommending that Your Honorable Body authorize the sale of 383 High
Street to Ms. Sylvia Williams in the amount of Nine Hundred Dollars ($900). I
am further recommending that Your Honorable Body authorize the Corporation
Counsel to prepare the necessary documents for the transfer of title and that
the Mayor be authorized to execute the same.
Mr. Pitts moved:
That the communication from the Comptroller, dated December 29, 1993, be
received and filed; and
That the offer of Ms. Sylvia Renee Williams, 135 Rose Street, in the sum
of $900.00 (Nine Hundred Dollars) to purchase the property described as 383
High Street, be and hereby is accepted; and
That the Corporation Counsel shall prepare the necessary documents for
the transfer of title and that the Mayor be authorized to execute the same, in
accordance with the terms of sale upon which the bid was submitted, provided,
however,
That the appraisal requested by the City of Buffalo shall be paid by the
purchaser; and
That the transfer tax, recording fees and cost of legal description shall
be paid by the purchaser.
PASSED.
AYES- 12 NOES- 0.
No. 25
Results of Negotiations
46 Metcalfe, 445' N Clinton
Lot Size: 106' x 300'
Assessed Valuation:
Land:$ 26,300
Total: $182,300
This Office through the Division of Real Estate has received a
Twenty-Three Thousand Dollars ($23,000) offer from Mr. Jeffrey W. Joy and
Margaret h/w, residing at 4179 Harlem Road, Snyder, New York 14226.
The above property consists of a 3 story, brick warehouse structure
consisting of 42,000 sq. ft. of space. The property was acquired by the City of
Buffalo through Tax Foreclosure in October of 1993. The property is
approximately 60 years old and is in fair condition.
An independent appraisal of the property was commissioned by the Division
of Real Estate. Mr. George Ladori, Pirritano Appraisal, Inc., 745 Center Road,
West Seneca, New York 14224 has submitted an appraisal estimating the fair
market value of the property to be Thirty-One Thousand Five Hundred Dollars
($31,500). This represents a value of Seventy-Five Cents (.75) a sq. ft., gross
building area.
The Division of Real Estate has reviewed the sales of similar properties
in the area, gross building area sales prices range from Fifty-Eight Cents
(.58) a sq. ft. to a Dollar Ninety-Three ($1.93) a sq. ft.
The results of our negotiations are that Mr. & Mrs. Joy have agreed and
are prepared to pay Twenty-Three Thousand Dollars ($23,000) for the subject
property. This represents approximately Fifty-Five Cents (.55) per sq. ft. of
gross building area. They have also agreed to pay for their own search and
survey, title report, recording fees, transfer tax, and cost of the legal
description.
Although, the Twenty-Three Thousand Dollars ($23,000) offered by the
Joy's is less than the Thirty-One Thousand Five Hundred Dollars ($31,500)
estimated by the appraiser, I am recommending that Your Honorable Body approve
the sale for the following reasons:
1. Because the property contains a water sprinkling system for fire
protection and a tenant, utilities had to be maintained. Utility costs are
averaging approximately Twelve Hundred Dollars ($1,200) per month.
2. The Division of Real Estate has had no other substantial offers for the
property.
Therefore, I am recommending that Your Honorable Body approve the sale of
46 Metcalfe to Mr. & Mrs. Jeffrey W. Joy in the amount of Twenty-Three Thousand
Dollars ($23,000). I am further recommending that Your Honorable Body authorize
the Corporation Counsel to prepare the necessary documents for transfer of
title and that the Mayor be authorized to execute the same.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 26
Results of Negotiations
57 Parkridge, 546.64' N Kensington
Lot Size: 30' x 112'
Assessed Valuation:
Land:$ 4,100
Total:$ 6,900
The Office of the Comptroller, Division of Real Estate, has received
a request from Ms. Patsy Jacob, 29-B Ridge Trail, Glenwood, New York 14069, to
acquire the above property.
The above property consists of a vacant lot 30' x 112' which is improved
with a 2 car garage. Ms. Jacob acquired the property at 61 Parkridge at the
In-Rem Tax Foreclosure Auction held in October of 1993. The property located at
57 Parkridge is the garage for 61 Parkridge and was auctioned as a separate
parcel and struck to the City, since there were no bidders. The amount of taxes
owed against 57 Parkridge were in the amount of Twelve Hundred and Sixty-Six
Dollars and Seventy-Six Cents ($1,266.76).
Ms. Patsy Jacob has offered Eighteen Hundred Dollars ($1,800) for the
parcel. She has also agreed to pay for the cost of the recording fees, transfer
tax and cost of the legal description.
Since the 30' lot with garage has a minimal market value, as a separate
parcel, I am recommending that Your Honorable Body approve the offer of Ms.
Patsy Jacob in the amount of Fifteen Hundred Dollars ($1,500).
I am further recommending that Your Honorable Body authorize the
Corporation Counsel to prepare the necessary documents for transfer of title
and that the Mayor be authorized to execute the same.
Mr. Pitts moved:
That the communication from the Comptroller, dated February 17, 1994, be
received and filed; and
That the offer of Ms. Patsy Jacob, 29-B Ridge Trial, Glenwood, New York
14069, in the sum of $1,500.00 (One Thousand Five Hundred Dollars) to purchase
the property described as 57 Parkridge, be and hereby is accepted; 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, provided,
however,
That the appraisal requested by the City of Buffalo shall he paid by the
purchaser; and
That the transfer tax, recording fees and cost of legal description shall
be paid by the purchaser.
PASSED.
AYES- 12 NOES- 0.
No. 27
Convey 717 Sherman
Item No. 66 C.C.P. 1/11/94
The above item was referred to the Committee on Finance, Corporation
Counsel and this office for a response.
The item is a resolution that, if passed, by the Common Council, would
"direct the Corporation Counsel and the Division of Real Estate to take
whatever steps necessary" for the former owner to reclaim the property.
The subject property is a vacant lot 30' with an irregular depth and was
acquired by the City of Buffalo through In-Rem Tax Foreclosure No. 26,
10/25/93. The former owner of the property was Cornelius Harris and wife,
living at 719 Sherman Street.
The amount of taxes owed at the time of the tax foreclosure were $76.66.
This amount represented 3 years City tax. There were also, one year County
tax in the amount of $6.00 and $300 in-rem fees. The property was not bid for
at the auction and subsequently struck to the City of Buffalo for disposition.
The property had been in tax arrears since the 1989-90 tax year. On
1/31/92 a payment was made in the amount of $33 to avoid foreclosure for in-rem
25. No other payments had been made, since that time.
It is the policy of this office not to negotiate with or sell property
back to former owners of property acquired through tax foreclosure. The most
compelling reason for this policy is that the result of the tax foreclosure, in
most instances, would discharge secured liens against the property where the
property was used as security, i.e. the property is used to secure a mortgage.
However, in certain circumstances, Your Honorable Body has approved the
sale of tax foreclosed property to the former owner or the tax sale reversed,
when the full payment of taxes, penalties and interest have been agreed to by
the former owners.
Based on the information provide so far, this office does not recommend
the sale or transfer of the property back to the former owner. However, if
there was some confusion over the payment of the taxes, the item should be
referred to the tax office for clarification.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 28
Subsidy Grant - 774 Northampton
Item No. 74, C.C.P. 1/25/94
The above item was referred to the Committee on Finance and this
office for a response.
The item is a letter from Renee' Jackson inquiring about the lots located
at 724 - 726 Northampton, owned by the City of Buffalo and the City's home
subsidy and Block Grant Program.
The lots at 724 - 726 Northampton are owned by the City of Buffalo and
are available for sale.
The subsidize housing and use of C.D.B.G. funds are administered by the
Department of Inspection and Community Revitalization.
Therefore, I am recommending that the item be forwarded to the Department
of Inspection and Community Revitalization for review and/or recommendation.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 29
Tifft Street Bridge Land
Acquisitions, Parcels 14 & 21
Item No. 35, C.C.P. 4/28/92
In the above referenced item Your Honorable Body authorized the
Office of the Comptroller, Division of Real Estate, to negotiate for various
parcels of land along Tifft Street for the new Tifft Street Bridge. The
parcels have been deemed necessary to be acquire in fee, by the Commissioner of
Transportation, New York State, for purposes connected with the road system of
the City of Buffalo, County of Erie, State of New York, pursuant to the Emanate
Domain Procedure Law. Funds for the acquisition of the Tifft Street parcels
are to be provided from Bond Fund Account #200-401-012.
Through negotiations an agreement to purchase has been reached with the
owner, LTV Steel Company, 25 West Prospect Avenue, Cleveland, Ohio 44115, for
Parcel #14, Map 9 and Parcel #21, Map 15-D.
Parcel #14 consists of approximately 14,470 square feet or 0.332 acre,
more or less. Parcel #21 consists of approximately 25,124 square feet or 0.577
acre, more or less. LTV Corporation has agreed to sell both parcels to the
City of Buffalo for Two Thousand One Hundred and Seventy-One Dollars ($2,171).
The City conducted two independent appraisals of the properties. Mr.
Howard W. Hamilton, Jr., Appraiser, has submitted an appraisal in the amount of
Nineteen Hundred Dollars ($1,900) for the subject properties. A second
appraisal was submitted by Walter R. Allen, Appraiser, in the amount of
Thirty-Four Hundred and Twenty Dollars ($3,420).
The results of our negotiations are that LTV Corporation has agreed to
sell the aforementioned parcels to the City of Buffalo in the amount of
Twenty-One Hundred Seventy-One Dollars ($2,171). The City has agreed, at its
sole cost and expense, to pay for the Title Report, recording fees, transfer
taxes, settlement fees and revenue stamp fees.
I am recommending that Your Honorable Body authorize this office to
acquire Parcel #14, Map 9 and Parcel #21, Map 15-D from LTV Corporation in the
amount of Twenty-One Hundred and Seventy-One Dollars ($2,171). I am further
recommending that the Corporation Counsel be authorized to prepare the
necessary documents to obtain title to the aforementioned parcels and that the
Comptroller be authorized to execute the same.
Mr. Pitts moved:
That the communication from the Comptroller, dated February 15, 1994, be
received and filed; and
That the Comptroller he, and he hereby is authorized to acquire Parcel
#14, Map 9 and Parcel #21, Map 15-D from LTV Corporation, in the amount of
$2,171.00 (Two Thousand One Hundred and Seventy One Dollars); and
That funds for the acquisition of the Tifft Street parcels as more fully
described above, are to be provided from Bond Fund Account #200-401-012; and
That the Corporation Counsel shall prepare the necessary documents to
obtain title to the aforementioned parcels and that the Comptroller he
authorized to execute the same.
PASSED.
AYES- 12 NOES- 0.
No. 30
Certificate of Appointment
Appointment effective January 27, 1994 in the Department of Audit
and Control, Division of Data Processing, Janet Reyes, 242 Gorton St., Buffalo
14207 to the position of Data Processing Equipment Operator, Provisional at the
intermediate starting salary of $22,788.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
FROM THE PRESIDENT OF THE COUNCIL
No. 31
Appointment Member CATV Committee
I am adding Mr. David A. Czajka to the CATV Committee, effective
immediately. Mr. Czajka is a former member of the Citizen's Board and I am
certain that he will bring valuable expertise to this very important Committee.
RECEIVED AND FILED.
No. 32
Appt. Citizen Salary Review Committee
This is to officially notify you that I have appointed Mr. William
O'Grady as a member of the Citizen Salary Review Committee.
Mr. O'Grady presently works for Smith, Barney and Shearson at One
Fountain Plaza. His term will expire December 31, 1996. For the record, the
other two members representing the Council on the Citizen Salary Review
Committee are, Mr. Angelo Sedita and Warren Galloway.
This appointment is to take affect immediately. I am notifying the Mayor
and the Comptroller, so that they may also make their new appointment and that
the Committee will be able to convene and report its findings to us by the
first of the month.
RECEIVED AND FILED.
FROM THE COMMISSIONER OF ASSESSMENT
No. 33
Certiorari Proceedings Fiscal Years 1992-93 and 1993-94
Benchmark 325 Delaware Associates 325 Delaware Avenue
This is to advise that the owner, Benchmark 325 Delaware Associates,
has instituted certiorari proceedings on 325 Delaware Avenue, Buffalo, New York
regarding the assessments for the fiscal year 1992-93 (taxable status date
December l, 1991) the fiscal year 1993-94 (taxable status date December 1,
1992).
The assessments were reviewed by the Department and the owner expressed a
willingness to settle the proceedings.
The final assessments for the two fiscal years were as follows:
Fiscal Year Land Total
1992-93 $858,500 $5,500,000
1993-94 698,600 2,900,000
The city taxes on 325 Delaware Avenue are currently unpaid. As of March
31, 1994, the property owner will owe $303,679.88 in taxes and interest for
1992-93 and $117,256.64 for 1993-94.
The owner is agreeable to a settlement which would result in a reduction
in assessment to $1,500,000 for each year. The taxes owing by March 31, 1994
including interest, would be $82,821.67 for 1992-93 and $60,649.94 for 1993-94.
Based on a review of the current market value of the property, I feel
this settlement would be in the best interests of the City. I therefore
recommend this settlement, in which the Department of Law concurs.
The proposed settlement is subject to the approval of Your Honorable
Body. I hereby request that the Corporation Counsel be authorized and directed
to settle the 1992-93 certiorari proceeding on 325 Delaware Avenue by reducing
the assessment from $5,500,000 to $1,500,000 and to settle the 1993-94
certiorari proceeding by reducing the assessment from $2,900,000 to $1,500,000.
REFERRED TO THE COMMITTEE ON FINANCE.
FROM THE COMMISSIONER OF PUBLIC WORKS
No. 34
Monthly Report of Licenses Issued in January 1994
I am respectfully submitting the enclosed report of licenses issued
in the month of January 1994 by the Division of Licenses.
RECEIVED AND FILED.
No. 35
Extension of Contract No. 91742300
Construction of New 8" Watermain
Gibson Street
Visone Construction, Inc.
In accordance with the terms of the contract between the City
of Buffalo and Visone Construction, Inc. City Contract No. 91742300 the work
called for in this contract was scheduled to be completed by March 12, 1994.
The contractor has requested an extension in this contract due to the
unexpected days of negative digit cold temperatures which resulted in his being
unable to work.
Accordingly, I have granted an extension of time in the contract with
Visone Construction, Inc.
The new completion date for this contract is April 12, 1994.
RECEIVED AND FILED.
No. 36
Extension of City Contract 91719600
Waterline Replacement - Various Streets
Kandey Company, Inc.
In accordance with the terms of the contract between the City
of Buffalo and Kandey Company, Inc. City Contract No. 91719600, Waterline
Replacement Various Streets, the work called for in this contract was scheduled
to be completed by January 18, 1994.
The contractor has requested an extension in this contract due to the
late season weather and asphalt plant closings making it impossible to
permanently restore the remaining work on Rugby Road.
Accordingly, I have granted an extension of time in the contract with
Kandey Company, Inc.
The new completion date for this contract is May 15, 1994.
RECEIVED AND FILED.
No. 37
Great Lakes United Requirements to hang banner
across Elmwood Avenue near Buffalo State College
Item No. 188, C.C.P., 02-16-94
This is in response to C.C.P. #188 of February 8, 1994. The Department
of Public Works Engineering Division has no objection to Great Lakes United
hanging a banner over Elmwood Avenue in the vicinity Buffalo State College
provided the following conditions are met:
-The banner must be made of fabric that allows air to flow through it.
-The bottom of the banner must be at least 14 feet 6 inches above every
portion of the street below it.
-The banner cannot be hung from a traffic signal pole and must not
interfere with the visibility of any traffic signal.
-If the banner is to be secured to street light standards, the exact
location and number of street light standards to be utilized must be supplied
to the Street Lighting Office, Room 501 City Hall. This information must be
supplied at least two (2) weeks prior to the erection of the banner.
-The banner must be tied down in a secure manner so that it will not
"come loose" at any time during the period for which it will be hung.
-A bond, and insurance naming the City of Buffalo as additional insured,
in the amount of one million dollars ($1,000,000.00) must be filed with the
City before the banner can be hung.
RECEIVED AND FILED.
No. 38
Notification Serial #8335
Install No Standing
North Side of W. Utica Street (Near Linwood Avenue)
NO STANDING - INSTALL
In conformity with Section 49 of Chapter 479 of the Ordinances of the
City of Buffalo, the City Engineer hereby notifies your Honorable Body of this
action supplementing, amending, or repealing existing provisions of Chapter 479
of the Ordinances, as stated below, to be effective forty five days after the
first Council meeting at which they appear on the agenda as an item business.
That that part of Subdivision 20 of Section 15 of Chapter 479 of
Ordinances of the City of Buffalo be supplemented by installing therefrom the
following: NO STANDING
PUBLIC HIGHWAY PROHIBITED PORTION OF HIGHWAY
W. Utica Street, north side from a point 15' west of the
east edge of building (#333 Linwood
Ave.) to a point 30' east therefrom.
This ordinance is being implemented to provide a safe area for loading
and unloading of elderly wheelchair-bound persons to the Linwood Elderly
Housing Building.
Notification Serial #8336
Install Alternate Parking-Type I
Seward Street
between South Ogden St. and Fenton St.
No Parking (Alternate Parking - Type I) - Install
In conformity with Section 49 of Chapter 479 of the Ordinances of the
City of Buffalo, the City Engineer hereby notifies your Honorable Body of this
action supplementing, amending, or repealing existing provisions of Chapter 479
of the Ordinances, as stated below, to be effective forty five days after the
first Council meeting at which they appear on the agenda as an item business.
That that part of Subdivision 24 of Section 15 of Chapter 479 of
Ordinances of the City of Buffalo be supplemented by adding thereto the
following: No Parking
PROHIBITED PRTN HIGHWAY PROHIBITED PD DAILY
Seward Street, north side 4 p.m. Wednesday to
between S. Ogden St. and Fenton St. 4 p.m. Sunday
Seward Street, south side 4 p.m. Sunday to
between S. Ogden St. and Fenton St. 4 p.m. Wednesday
Currently there are no parking restrictions on Seward. This thoroughfare
is 24' wide and allows parking on both sides of the street at all times.
Emergency vehicles are nearly prevented from entering this street due to the
parking situation. This ordinance will alleviate this problem and still allow
adequate on-street parking for residents of the area.
Notification Serial #8337
Install No Standing
Forest Avenue
NO STANDING - INSTALL
In conformity with Section 49 of Chapter 479 of the Ordinances of the
City of Buffalo, the City Engineer hereby notifies your Honorable Body of this
action supplementing, amending, or repealing existing provisions of Chapter 479
of the Ordinances, as stated below, to be effective forty five days after the
first Council meeting at which they appear on the agenda as an item business.
That that part of Subdivision 20 of Section 15 of Chapter 479 of
Ordinances of the City of Buffalo be supplemented by adding thereto the
following: NO STANDING
PUBLIC HIGHWAY PROHIBITED PRTN OF HIGHWAY
Forest Avenue from west curb line of Richmond
north side Ave to a point 125' west therefrom.
Notification Serial #8338
Install No Standing Forest Avenue
NO STANDING - INSTALL
In conformity with Section 49 of Chapter 479 of the Ordinances of the
City of Buffalo, the City Engineer hereby notifies your Honorable Body of this
action supplementing, amending, or repealing existing provisions of Chapter 479
of the Ordinances, as stated below, to be effective forty five days after the
first Council meeting at which they appear on the agenda as an item business.
That that part of Subdivision 20 of Section 15 of Chapter 479 of
Ordinances of the City of Buffalo be supplemented by adding thereto the
following: NO STANDING
PUBLIC HIGHWAY PROHIBITED PRTN OF HIGHWAY
Forest Avenue from east curb line of Elmwood Ave
north side to a point 170' east therefrom.
Notification Serial #8339
Install No Standing Forest Avenue
NO STANDING - INSTALL
In conformity with Section 49 of Chapter 479 of the Ordinances of the
City of Buffalo, the City Engineer hereby notifies your Honorable Body of this
action supplementing, amending, or repealing existing provisions of Chapter 479
of the Ordinances, as stated below, to be effective forty five days after the
first Council meeting at which they appear on the agenda as an item business.
That that part of Subdivision 20 of Section 15 of Chapter 479 of
Ordinances of the City of Buffalo be supplemented by adding thereto the
following: NO STANDING
PUBLIC HIGHWAY PROHIBITED PRTN OF HIGHWAY
Forest Avenue from east curb line of Richmond Ave
south side to a point 145' east therefrom.
Notification Serial #8340
Repeal of Permissive Parking
on Forest Avenue - North Side Various Locations
PERMISSIVE PARKING- REPEAL
In conformity with Section 49 of Chapter 479 of the Ordinances of the
City of Buffalo, the City Engineer hereby notifies your Honorable Body of this
action supplementing, amending, or repealing existing provisions of Chapter 479
of the Ordinances, as stated below, to be effective forty five days after the
first Council meeting at which they appear on the agenda as an item business.
That that part of Subdivision 25 of Section 15 of Chapter 479 of
Ordinances of the City of Buffalo be supplemented by repealing therefrom the
following: Permissive Parking
PERMISSIVE PKG LOCATION PD PERMISSIVE PKG DAILY
Forest Avenue, North side 2 hour parking 7a.m. - 7 p.m.
between a point 160' east Except Sunday
of Niagara Street and a point
75' west of the center line
of Fire Engine Company No. 19
entrance extended.
Forest Avenue, north side 2 hour parking 7a.m. - 7p.m.
between Grant Street and a Except Sunday
point 50' east of the center
line of Fire Engine Company
No. 19 entrance extended.
This action is being taken to update our records with current
restrictions.
Notification Serial #8341
Repeal of Permissive Parking
on Forest Avenue - South Side Various Locations
PERMISSIVE PARKING - REPEAL
In conformity with Section 49 of Chapter 479 of the Ordinances of the
City of Buffalo, the City Engineer hereby notifies your Honorable Body of this
action supplementing, amending, or repealing existing provisions of Chapter 479
of the Ordinances, as stated below, to be effective forty five days after the
first Council meeting at which they appear on the agenda as an item business.
That that part of Subdivision 25 of Section 15 of Chapter 479 of
Ordinances of the City of Buffalo be supplemented by repealing therefrom the
following: Permissive Parking
PERMISSIVE PKG LOCATION PD PERMISSIVE PKG DAILY
Forest Avenue, south side 2 hour parking 7a.m. - 7 p.m.
between a point 150' east Except Sunday
of Niagara Street and a point
125' west of the east curb line
of Dart Street extended
Forest Avenue, south side 2 hour parking 7a.m. - 7p.m.
between east curb line of Dart Except Sunday
St extended and a point 31' west
of the center line of Fire Engine
Company No. 19 entrance
Forest Avenue, south side 2 hour parking 7a.m. - 7p.m.
between Grant St and a point Except Sunday
64' east of the center line of Fire
Engine Company No. 19 entrance
Notification Serial #8342
Repeal of No Standing Zone on Forest Avenue
NO STANDING - REPEAL
In conformity with Section 49 of Chapter 479 of the Ordinances of the
City of Buffalo, the City Engineer hereby notifies your Honorable Body of this
action supplementing, amending, or repealing existing provisions of Chapter 479
of the Ordinances, as stated below, to be effective forty five days after the
first Council meeting at which they appear on the agenda as an item business.
That that part of Subdivision 22 of Section 15 of Chapter 479 of
Ordinances of the City of Buffalo be supplemented by repealing therefrom the
following: NO STANDING
PROHIBITED PRTN OF HIGHWAY PROHIBITED PD DAILY
Forest Avenue, south side 4p.m. - 6p.m.
between Elmwood Avenue Except Sat & Sunday
and Ashland Avenue
The current prohibited standing period is being repealed to update our
records.
Notification Serial #8343
Repeal of No Standing Zones
on Forest Avenue Various Locations
NO STANDING - REPEAL
In conformity with Section 49 of Chapter 479 of the Ordinances of the
City of Buffalo, the City Engineer hereby notifies your Honorable Body of this
action supplementing, amending, or repealing existing provisions of Chapter 479
of the Ordinances, as stated below, to be effective forty five days after the
first Council meeting at which they appear on the agenda as an item business.
That that part of Subdivision 20 of Section 15 of Chapter 479 of
Ordinances of the City of Buffalo be supplemented by repealing therefrom the
following: NO STANDING
PUBLIC HIGHWAY PROHIBITED PRTN OF HIGHWAY
Forest Ave, south side from the east curb line of Dart St.
extended and a point 85' west
therefrom.
Forest Avenue, north side from a point 40' west of the west
curb line of Parkdale Ave extended
and a point 100' east therefrom.
Forest Avenue, north side between points 45' west and 105'
east of the east curb line of Baynes
Street extended.
Forest Avenue, north side from the west curb line of
Clarendon Place extended to a
point 125' east therefrom.
The current no standing restriction is being repealed to update our
records.
RECEIVED AND FILED.
No. 39
Job Specs. - Change - Water Dispatcher
Item No. 46, C.C.P. 11/03/93
Item No. 73, C.C.P. 11/03/93
Please be advised it is the Division of Water's contention that
it is not imperative for Dispatchers to have the ability to type at a rate of
20 words per minute as originally determined by the Civil Service Commission.
However, they should be able to type the daily work reports, billing working,
maintaining records and any other miscellaneous clerical duties that are
required on their particular eight hour shift. The Dispatcher should also have
the ability to operate a computer terminal to input and retrieve information.
The Division of Water requested the Civil Service Commission to delete
the timed typing requirement of 20 words per minute.
We have also requested the Civil Service Commission to add the statement
"May be required to operate a typewriter for typing reports" to the Typical
Work Activities requirements for Dispatcher.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
No. 40
1237 Genesee - Le'Club Etcetera
Res. #164, C.C.P. 2/8/94
On August 12, 1993, Pasquale LoPatriello, License Inspector, initiated
court action against William J. Murray for violation of City Ordinances, under
Chapters 75, 370, 387 and 363.23. On October 22, 1993, Mr. Murray came into
compliance with all the charges except Chapter 387, "Electric Sign
(Unlicensed)". The charge was dismissed when Mr. Murray decided not to keep
the electric sign. On Count II, Chapter 370, Mr. Murray applied for a
restaurant license on August 30, 1993, predisposing the following:
Aug. 31, 1993 - referral slips were sent to the Fire, Buildings,
Plumbing, Electrical and Health Departments
Oct. 22, 1993 - No entry slip returned by Plumbing
Oct. 25, 1993 - No entry letter sent to Mr. Murray
Nov. 22, 1993 - Duplicate slip sent to Plumbing
Nov. 29, 1993 - Disapproved by Plumbing for violations
Dec. 3, 1993 - Disapproval letter sent to Mr. Murray for
Plumbing
Dec. 13, 1993 - No entry-slip returned by Fire
Dec. 14, 1993 - No entry letter sent to Mr. Murray
Jan. 12, 1994 - Duplicate slip sent to Fire
Jan. 24, 1994 - Duplicate slip sent to Plumbing
Jan. 26, 1994 - No entry letter sent again per Plumbing
Jan. 27, 1994 - Mr. Murray was given a stop order to cease
and desist all operation by the Director of
Licenses, Donald O. Allen
Jan. 31, 1994 - No entry letter sent to Mr. Murray
Feb. 3, 1994 - Location approved by Fire
As of February 10, 1994 we are currently waiting the inspection reports
from Buildings, Health, Plumbing and Electrical.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 41
484 Elmwood Avenue
Requests Permission to Install Sidewalk cafe
Mr. Kala China, of the Taste of India restaurant, located at 484
Elmwood Avenue, has requested permission to install a sidewalk cafe which would
encroach city right of way at said address.
The proposed cafe would measure 15 feet in length and project 6 feet from
the building face into city right of way.
The Department of Public Works has reviewed Mr. China's application
pursuant to chapter 413 Section 59 (Sidewalk cafes) of the city Ordinances and
has no objection to Your Honorable Body authorizing the Commissioner of Public
Works to issue a "Mere License" for installation of said sidewalk cafe provided
the following conditions are met:
1. That the applicant obtain any and all other City of Buffalo permits
necessary for said installation.
2. That the sidewalk cafe be installed exactly as shown on plans
submitted to and approved by the Department of Public Works, Division of
Buildings.
3. That the sidewalk cafe does not exceed 15 feet in length or extend
more than 6 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 two dollars per
square foot of city right of way occupied by said sidewalk cafe as described in
Chapter 413 Article IX Section 59 (Sidewalk Cafes) of the City Ordinances.
7. That the applicant supply the City of Buffalo with a Five Thousand
Dollar ($5,000.00) construction in street bond or certificate of insurance
which will indemnify and save harmless the City of Buffalo against any and all
loss and damage arising out of the construction, maintenance, use and removal
of said sidewalk cafe.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 42
Pedestrian and Bicycle Comprehensive Safety Program
The city of Buffalo has applied for and been offered, for the
second consecutive year, a grant from the New York State Governor's Traffic
Safety Committee. This year's grant is in the amount of $93,368. With this
grant the City would enter into contract agreement with a project director who
would coordinate a pedestrian and bicycle comprehensive safety program. The
grant will reimburse the City for the director's cost, along with partial
reimbursement for the services of Police officers and an in-house engineer.
I respectfully request Your Honorable Body's authorization to accept this
grant from the State, and to enter into agreement with Ms. Francina Cartonia,
243 Siegfried Dr., Williamsville, to provide the services of the project
director at a base cost of $44,000 per year plus 33% fringe benefits. The
directors salary will be reimbursed by the State under the terms of the grant.
Ms. Cartonia was chosen as the director because of her prior experience
working on similar projects for the City of Buffalo and the County of Erie.
Ms. Cartonia was also the developer of the grant proposal and shepherd of its
approval by the State.
In addition to the directors salary this grant will also reimburse the
City for services of various police and engineering personnel, as well as
administrative costs. The City could realize as much as $34,848 in revenue.
We also respectfully request that Your Honorable Body authorize the
Comptroller to provide an inter fund cash loan in the amount of the grant. The
loan would be repaid as reimbursements are received from the State of New York.
Mr. Pitts moved:
That the communication from the Department of Public Works dated February
14, 1994 be received and filed; and
That the Commissioner of Public Works be and he hereby is authorized to
accept a grant from the New York State Governor's Traffic Safety Committee in
the amount of $93,368 for a pedestrian and bicycle comprehensive safety
program; and
That the Commissioner of Public Works be authorized to enter into an
agreement with Ms. Francina Cartonia, 243 Siegfried Drive, Williamsville, to
provide the services of project director at a base cost of $44,000 per year
plus 33% fringe benefits; and
That the Comptroller be and hereby is authorized to provide an interfund
cash loan in the amount of the grant, to be repaid as reimbursements are
received from the State of New York.
PASSED.
AYES- 12 NOES- 0.
No. 43
Permission to Engage Consultant Engineering Services
118 East Utica Street Facade Collapse
I respectfully request Your Honorable Body's permission to engage
a Structural Engineer to perform engineering services relative to the roof
steel support and masonry facade restoration at the Carnevale Center, 118 East
Utica Street.
Funds for this consultant are available in Capital Project Fund
200-402-085 and are not to exceed $3,200.00.
Mr. Pitts moved:
That the communication from the Department of Public Works dated February
1, 1994 be received and filed; and
That the Commissioner of Public Works be, and he hereby is authorized to
engage a Structural Engineer to perform engineering services relative to the
roof steel support and masonry facade restoration at Carnevale Center, 118 East
Utica Street with said costs to be charged to Capital Project Fund 200-402-085
and are not to exceed $3,200.00.
ADOPTED.
No. 44
Permission to Engage Consultant
Front Park Master Plan
I respectfully request Your Honorable Body's permission to engage
a Consultant to prepare a Master Plan for Front Park.
Funds for this project will be available with a $50, 000 donation from
the Peace Bridge Authority.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 45
Report of Emergency Repairs
36 Inch Transmission Main Seventh Street
The Division of Water accepted informal bids for the emergency
repair of a section of an existing 36 inch transmission main along with a
section of sewer line in Seventh Street between Virginia Street and Maryland
Street. The informal bids were opened February 7, 1994 at 11:00 a.m. in Room
107 City Hall.
Kandey Company, Inc., 19 Ransier Drive, West Seneca, New York was the
lowest responsible bidder with their quote of $44,436.60. They were authorized
to proceed with the work under Division of Water's Service Order No. 11138700.
The repairs had to be made as quickly as possible to this transmission
main as there were many consumers in the area without any water or sewer lines.
Some of the residents in that area had to be put up in hotels until a new
section of sewer line is replaced as well as the transmission main repaired and
new service laterals installed.
This watermain break also destroyed the street and it will have to be
restored in the spring. At this time we do not know the amount of money
required to complete the street reconstruction work in this area.
I therefore request your Honorable Body's immediate approval of the
action I have taken.
Funds for this work are available in the Division of Water's Capital
Projects Reserve account. We will ask the Division of Budget to transfer the
necessary money into Division of Water's 015-00-561 account to pay the
contractor.
Mr. Pitts moved:
That the communication from the Department of Public Works, dated
February 9, 1994, be received and filed; and
That the Commissioner of Public Works be, and he hereby is, authorized to
award a contract for repair of a section of 36 inch transmission main in
Seventh Street between Virginia and Maryland Street to Kandey Company, Inc., 19
Ransier Drive, West Seneca, New York, the lowest responsible bidder in the
amount of $44,436.60, with said cost to be charged against the Division of
Water's 015-00-561 Capital Project Reserve Account.
PASSED.
AYES- 12 NOES- 0.
No. 46
Report of Bids
Cleaning and Cement Lining
Watermains - Porter and Jersey Avenue
As authorized by your Honorable Body in Item No. 33 of April 27, 1993
plans and specifications were prepared and sealed proposals accepted for
Cleaning and Cement Lining of 60" x 48" Watermains on Porter Avenue and Jersey
Street, Contract No. 22.
I submit the following report of all bids received which were opened in
my office at 11:30 a.m. on Wednesday, February 2, 1994:
TOTAL AMOUNT OF BID
Firstrhyme Construction Corp., Inc.
3517 Genesee Street
Buffalo, New York 14225 $1,059,236.00
Spiniello Construction, Inc.
Airport Park
35 Airport Road
Morristown, New Jersey 07962 $1,297,700.00
Nichter Construction Company, Inc.
344 Vulcan Street
Buffalo, New York 14207 $1,372,915.00
Kandey Company
19 Ransier Drive
West Seneca, New York 14224 $1,488,701.00
Paul J. Gallo Contracting, Inc.
PO Box 453
East Amherst, New York 14051 $1,521,370.00
I hereby certify that the foregoing is a true and correct statement of
all bids received and that Firstrhyme Construction Corp., Inc., 3517 Genesee
Street, Buffalo, New York is the lowest responsible bidder for the Cleaning and
Cement Lining 60" and 48" Watermains on Porter Avenue and Jersey Street,
Contract No. 22, with their combined total bid of $1,059,236.00.
I respectfully request that your Honorable Body authorize the
Commissioner of Public Works to enter into a contract with Firstrhyme
Construction Corp., Inc. for the above work in the amount of $1,059,236.00 and
same be charged to the Division of Water's 416-982-008-00-000 account.
The Engineer's estimate for this work was $1,813,000.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 47
Report of Bids
Cleaning and Lining Watermains
Combined Contract 21A and 21B
As authorized by your Honorable Body in Item No. 31 of April 27,
1993 plans and specifications were prepared and sealed proposals accepted for
Cleaning and Cement Lining approximately 13,250 l.f. of existing cast iron
watermains from Delaware Avenue to Elmwood Avenue in Cleveland Ave., Auburn
Ave., Lancaster St., Lafayette Avenue, St. James Place, Delavan Ave., Cleveland
Pl., and Melbourne Pl., Combined Contract No. 21A and 21B.
I submit the following report of all bids received which were opened in
my office at 11:00 a.m. on Wednesday, February 2, 1994:
TOTAL AMOUNT OF BID
Creamer Brothers, Inc.
101 East Broadway
Hackensack, New Jersey 07601-6846 $1,178,570.00
Nichter Construction Company, Inc.
344 Vulcan Street
Buffalo, New York 14207 $1,356,306.00
Spiniello Construction, Inc.
Airport Park
35 Airport Road
Morristown, New Jersey 07962 $1,413,740.00
Paul J. Gallo Contracting, Inc.
PO Box 453
East Amherst, New York $1,542,765.00
Kandey Company, Inc.
19 Ransier Drive
West Seneca, New York 14224 $1,816,759.75
I hereby certify that the foregoing is a true and correct statement of
all bids received and that Creamer Brothers, Inc., 101 East Broadway,
Hackensack, New Jersey is the lowest responsible bidder for the Cleaning and
Cement Lining of Watermains, Combined Contract No. 21A and 21B with their
combined total bid of $1,178,570.00.
I respectfully request that your Honorable Body authorize the
Commissioner of Public Works to enter into a contract with Creamer Brothers,
Inc. for the above work in the amount of $1,178,570.00 and same be charged to
the Division of Water's 416-982-013-00-000 account.
The Engineer's estimate for this work was $ 1,280,000.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 48
Reduction in Retention
New Windows and Doors Carnevale Center
Installation of the New Doors and Windows at the Carnevale Center,
118 East Utica Street have been complete for over Six (6) months. We are
awaiting a repair to one of the windows damaged by the facade collapse.
It is respectfully requested that retention be reduced from the current
10% to 1% for this particular contract: Marcon Erectors, Inc. C-91697800.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 49
Change in Contract
New Windows and Doors Carnevale Center
118 East Utica Street
I herewith submit to Your Honorable Body the following change
in contract for the New Windows and Doors, Carnevale Center, 118 East Utica
Street, Marcon Erectors, Inc. C-91697800:
1. Replace damaged trim over windows at second floor on E. Utica St.
elevation. Add $1,740.00
The foregoing change results in a net increase in the contract of One
Thousand Seven Hundred Forty and 00/100 Dollars ($1,740.00).
Summary
Original Amount of Contract $84,758.00
Amount of this contract (No. 1) Add 1,740.00
Revised Amount of Contract $86,498.00
The damaged trim was a result of the facade collapse that occurred after
this contract was complete.
This change could not have been 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 200-402-085 - 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. 50
Change in Contract
University Heights Community Center
Concept Construction Co.
I hereby submit to Your Honorable Body the following change in
contract for the University Heights Community Center, Concept Construction Co.
C-91592600:
1. Modify stud framing above window 204 to support section of roof. Add
$125.00
2. Laminate drywall over masonry block at door #7.
Add $ 66.00
3. Erect stud portion over roof line at passage #209.
Add $212.00
4. Remove and replace sill plate to core drill for heating pipe by
mechanical contractor. Add $106.00
5. Additional painting required on gymnasium duct enclosure and ceiling of
corridor/karate rooms.
Add $170.00
6. Provide access door in Stair D for HVAC Filters.
Add $300.00
7. Additional fireproofing required after holes were field cut in beams for
duct penetrations. Add $130.00
8. Additional carpeting requested by the center.
Add $2,900.00
9. Changes made at rear entrance vestibule per the request of the center.
Add $2,617.00
The foregoing change results in a net increase in the contract of Six
Thousand Six Hundred Twenty-six and 00/100 Dollars ($6,626.00).
Summary
Original Amount of Contract $2,525,000.00
Change Order No.1 Item# 31 10-15-91 Add 14,472.00
Change Order No. 2 Item #28 3-3-92 Add 5,502.00
Change Order No. 3 Item #28 6-9-92 Add 9,871.50
Change Order No. 4 Item #34 7-7-92 Add 4,121.00
Change Order No. 5 Item #62 9-1-92 Add 10,003.00
Change Order No. 6 Item #27 3-2-93 Add 2,426.25
Amount of this change (No. 7) Add 6,626.00
Revised Amount of Contract $2,578,021.75
This change could not be foreseen at the time contract was let. Costs
have been reviewed by the Department of Public Works and the Consulting
Architect, Donald E. Brundage and found to be fair and equitable. Funds for
this work are in B/F 200-402-518 -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. 51
Change in Contract
Mechanical Reconstruction
Kleinhans Music Hall
I herewith submit to Your Honorable Body the following change
in contract for the Mechanical Reconstruction of Kleinhan's Music Hall, Frank
C. Kellner Co. Inc. 91691200:
1. Omit cleaning and painting of three
(3) vestibule grilles. Deduct 200.00
2. Reroute 4" welded condensate return
line in lieu of a 2" threaded line. Add 767.00
3. Install backdraft damper in 36x12 duct
in sub-basement in lieu of replacing
louver at window #54 (existing to be
reused. Deduct 50.00
4. Patch existing ductwork below vestibule
floors. Add 219.00
5. Reinstall radiator at first floor nr elevator
(removed by GC as required) Add 526.00
6. Reinstall radiator at sub-basement nr elevator
(removed by GC as required). Add 304.00
7. Refurbish existing ductwork at window
#81 (existing found during window
replacement. Add 372.00
8. Disconnect and reinstall three (3)
radiators at elevator first floor for
GC flooring. Add 352.00
9. Relocate 1 1/4" steam and 3/4" condensate in hall
B-207 (found during wall demo). Add 1,748.00
10. Repair piping leak at kitchen area. Add 136.00
11. Control wiring at damper actuator. Add 613.00
The foregoing change results in a net increase in the contract of Four
Thousand Seven Hundred Eighty-seven and 11/100 Dollars ($4,787.00).
Summary
Original Amount of Contract $40,890.00
Change Order No. 1 CCP #25 3-2-93 Add 1,732.50
Amount of this change (No. 2) Add 4,787.00
Revised Amount of Contract $47,409.50
This change could not be foreseen at the time contract was let. Costs
have been reviewed by the Consulting Architects, Hamilton, Houston, Lownie and
the Department of Public Works and found to be fair and equitable. Funds for
this work are in B/F 200-402-068 - 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. 52
Traffic Impact Study - Buffalo Arena and Entertainment Complex 1993
In regards to the latest Traffic Impact Study, please be advised
that the Department of Public Works has numerous questions and concerns, and we
suggest that your consultant address each item prior to finalization of this
report. These items are highlighted as follows:
1. The consultants scope of work spelled out a complete analysis for the
possibility of changing Seneca and Swan from one way to two way. The
consultant only discussed this item and did not supply enough information nor a
specific recommendation concerning this issue.
2. The consultant did not include any cost estimates for his
recommendations.
3. The consultant did not address the study of changing Chippewa and Buron
from one way to two way.
4. The proposed new signal at Perry and Michigan (sketch page) - The
consultant recommends a span wire installation which is not acceptable due to
present City policy. This intersection was completely reconstructed and
underground conduit was placed for a future mast-arm signal pole installation.
The consultant has been given "as built" drawings for this intersection and he
should use same in his recommendation.
5. The signal at Michigan and Perry should be interconnected to the signal
at Louisiana and Perry to maximize traffic flow.
6. Exchange Street (page 7) - Exchange Street from Chicago to + or - 200
feet east of Louisiana was reconstructed to a four lane section in 1990.
7. Projection of Site Generated Traffic (page 15) -The consultant assumed
that there will be no simultaneous activity at the Arena, Aud and Pilot Field.
This statement is not correct. In fact, the City is striving for additional
use of all these facilities and is encouraging simultaneous activities.
Therefore, the consultant should layer anticipated traffic from said
simultaneous events.
8. Figure # 2 Proposed Site Plan is noted by the consultant to be updated.
In conclusion the consultant should address the above noted before this
study can be completed.
If you feel that a staff meeting is appropriate please contact David F.
Jaros, P.E., City Engineer at 851-5631 to arrange.
REFERRED TO THE AUDITORIUM AND STADIUM TASK FORCE.
No. 53
Certificate of Appointment
Appointment to become effective 12/29/93 in the Department of
Public Works Division of Engineering Mark Gannon 299 Cumberland Ave. Buffalo,
NY 14220, to the position of Laborer II Temporary, at the Maximum starting
salary of $10.67
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
FROM THE COMMISSIONER OF PARKS
No. 54
Certificate of Appointment
Appointment effective February 7, 1994 in the Department of Parks
Division of Recreation, Michael Daniels 81 Dorris Buffalo 14215 to the position
of Program Coordinator Non-Competitive, at the Intermediate starting salary of
$25,182
REFERRED TO THE COMMITTEE ON CIVIL SERVlCE.
FROM THE COMMISSIONER OF POLICE
No. 55
"V & T Regs. For Tinted Windows"
Item 51, C.C.P. November 3, 1993
In relation to the item subject as above, the Council requested
information pertaining to V&T enforcement of illegally tinted windows on motor
vehicles. The Police Department has four tint meters and are currently assigned
to the Traffic Bureau. The approximate cost of a meter is $195.00. Each meter
must be calibrated annually at an additional cost of $25.00 per meter. I am
requesting a breakdown on the number of citations issued for illegal tinted
window violations. Unless we have a number of these types of violations or
there is a greater need or the meters are provided and maintained at no cost to
the city through a grant, etc., I do not see a need for additional equipment.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 56
Motor Vehicle Accidents Seneca and Chicago Streets
As per our conversation on February 15, 1994 the following is
the information you requested concerning Motor Vehicle Accidents occurring at
Seneca and Chicago Streets in the City of Buffalo, New York:
5-3-91 1700hrs Property Damage Accident
9-24-91 1600hrs Property Damage Accident
11-2-91 2000hrs Property Damage Accident
3-30-92 1000hrs Property Damage Accident
8-24-92 1400hrs Injury Accident
9-22-92 1700hrs Property Damage Accident
10-16-92 1700hrs Injury Accident
11-24-92 1700hrs Injury Accident
Statistics for the year of 1993 have not been forwarded from Central
Police Services as of this date.
Hoping that this information is useful and if you require any additional
statistics please call me at 4555.
REFERRED TO THE COMMITTEE ON FINANCE.
FROM THE COMMISSIONER OF FIRE
No. 57
Certificate of Appointment
Appointment effective February 9, 1994 in the Department of Fire
Division of Administration Sandra L. Karn 487 Colvin Avenue, Buffalo, New York
14216 to the position of Senior Typist Permanent at the Maximum starting salary
of $22,780
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
FROM THE CORPORATION COUNSEL
No. 58
Settlement of Claim of Frank Militello
On August 18, 1988, Frank N. Militello was injured while in the
course of his employment as Deputy Commissioner of Streets for the City of
Buffalo. While at the Colter Bay Restaurant on Delaware and Allen, he was
injured while lifting an overweight garbage disposal container. He sustained a
tear to the biceps tendon and an injury to the lacertus fibrosa of the right
arm. He missed approximately nine (9) weeks of work. He filed for and
received worker's compensation benefits including an award for ten percent
(10%) loss of use of his right arm.
Mr. Militello commenced a lawsuit against Colter Bay alleging negligence
in overloading the garbage containers in excess of the limits set out in the
City ordinances. A settlement offer of $20,000.00 was made to Mr. Militello by
the insurance carrier for Colter Bay Restaurant. The City of Buffalo has a
worker's compensation lien against any. recovery by the plaintiff in the amount
of $10,409.48. After some negotiations, plaintiff's counsel has proposed the
following compromise. The proposal is that the City's lien be compromised for
the sum of $7,500.00. Of this amount, the plaintiff's attorney would be
entitled to one third (i.e. $2,500.00) of the City's lien due to his efforts in
recovering money on behalf of the City. This is required by the worker's
compensation law. The net recovery to the City of Buffalo would be the sum of
$5,000.00. In addition, the City of Buffalo would take a credit for the net
recovery by the plaintiff against any future compensation payments that will be
made to Mr. Militello.
Supreme Court Justice Robert E. Whelan has recommended that the City
compromise its lien. If a settlement is not agreed upon, the case would go to
trial. It is possible that a jury could award no money. In that event, the
City of Buffalo would receive no reimbursement on its worker's compensation
lien and no credit against any future recovery of worker's compensation
benefits by Mr. Militello.
In light of the above, the Law Department requests that your Honorable
Body authorize the compromise of the City's Worker's Compensation lien in
accordance with the proposal set forth above.
Mr. Pitts moved:
That the communication from the Corporation Counsel, dated February 1,
1994, be received and filed; and
That the Corporation Counsel be, and he hereby is authorized to
compromise the City's Worker's Compensation lien for the sum of $7,500.00 with
regard to the claim of Frank N. Militello.
PASSED.
AYES- BELL, COLLINS, CZAJKA, FAHEY, FRANCZYK, HELFER, LOCKWOOD, LOTEMPIO,
PERLA, PITTS, ZUCHLEWSKI- 11.
NOES- ARTHUR- 1.
No. 59
Delist Hertel Avenue Site, ID No. 915121
CCP January 25, 1994, Item No. 76
The above item has been referred to the Department of Law for
an opinion and/or recommendation.
The item is a letter from the New York State Department of Environmental
Conservation (the "DEC") notifying the City that real property designated as
Tax Map Number 077.83 and 077.82 was recently deleted from the Hazardous Waste
Registry. The notice states that the property was delisted because hazardous
wastes have been removed and no further remedial action is necessary. It also
states, however, that residual polyaromatic hydrocarbons ("PAH's") from a fuel
oil spill remain in surface and subsurface soils. PAH's are not classified as a
"hazardous waste" under the regulations of the New York State Environmental
Conservation Law. Thus, no further remediation at the site is required under
the Environmental Conservation Law.
Accordingly, we have inquired with both the DEC and the New York State
Department for information regarding the amount of PAH's remaining on the site
and the impact such amount of PAH's may have on human health and safety.
In the meantime, we are investigating the current ownership and use of
the site. We will provide an update as soon as possible.
RECEIVED AND FILED.
No. 60
Waiver of Probationary Period -
Fire Department
Opinion No. 94-10
(Item No. 52, C.C.P., December 28,1993)
Your Committee on Civil Service has asked for an opinion concerning
the legal status of the probationary period for the most recent class of new
firefighters. On November 30, 1993, Commissioner of Fire Paul Shanks sent a
letter to the Buffalo Civil Service Commission (the "Commission") stating that
fourteen named probationary firefighters, including Bart Sumbrum, had met the
minimum probationary term in an exemplary manner and that he had waived the
remaining term of probation. The Commissioner sent a similar letter to the
Commission concerning all the remaining members of the probationary class on
December 30, 1993.
After January 1, 1994, Cornelius Keane became Commissioner of Fire. As a
result of a review of the matter, Commissioner Keane rescinded the waivers of
the probationary term for all affected probationary firefighters, including Mr.
Sumbrum, in a general communication to his Department on January 7, 1994 which
stated additionally that all such firefighters would serve out their entire
probationary term before obtaining permanent status in the Department.
Your Committee on Civil Service has specifically asked whether
Commissioner Keane has the power to rescind the waivers of the probationary
period. The Committee has also asked for my opinion about the effect of Mr.
Sumbrum's commitment to the Common Council not to request a waiver of the
firefighters probationary term.
Section 63 of the Civil Service Law grants to local municipal service
commissions the right by rule and regulation to require probationary periods
for positions in the competitive class of the civil service. The Commission
adopted Rule 17 which provides that competitive appointments to the position of
firefighter shall be for a probationary term of not less than three nor more
than twelve months. The rule also provides that an appointment becomes
permanent upon the completion of the maximum period of probation or upon the
earlier written notice following completion of the minimum period that a
firefighters probationary term is successfully completed. The rule does not
specify who should render the determination of satisfactory completion and
issue the notice thereof. The past practice has been that the appointing
authority makes the determination and issues the notice, which would be
consistent with the inherent and customary authority of the appointing
authority in this case, the Commissioner of Fire. The rule finally requires
that a copy of the notice be sent to the Commission.
In Block v. Franklin Square Union Free School District, 72 A.D.2d 602,
421 N.Y.S.2d 107 (2nd Dept., 1979), the Court found that a county civil service
commission could promulgate a rule to delegate to "appointing authorities" the
power to fix probationary terms of newly appointed civil servants, and that
such rule had the force and affect of law and was not repugnant to any other
law. Commission Rule 17 is substantially similar to the rule in Block. and I
conclude therefore that Rule 17 is similarly lawful.
I understand that Commissioner Keane, after reviewing the matter of the
waivers, determined that the waivers may create a morale problem for the
Department of Fire because the probationary period has been a long established
standard in the Department and failure to meet that standard may stigmatize the
careers of the affected firefighters and undermine the integrity of the
probationary process. Commissioner Keane concluded also that the record does
not contain a stated and objective reasonable basis to justify the waiver of
the probationary period. I also understand that the collective bargaining unit
representing the firefighters objected to the original waiver and does not
object to the rescission of the waiver.
The general standard for judicial review of discretionary administrative
action taken by a government official is whether the action was taken in
violation of lawful procedure, was affected by an error of law, or was
arbitrary, capricious, or an abuse of discretion. Applying this standard to
Commissioner Keane's administrative action, there is substantial argument to
support the conclusion that his determinations and conduct were proper and
should not be overturned upon judicial review, if it were to occur. There can
be no assurance, however, about the outcome of litigation in any particular
case.
Subject to the above qualifications, I conclude that the Commissioner of
Fire has the power to rescind the waiver of the probationary period under the
described circumstances.
With respect to Mr. Sumbrum, during the hearings for reconfirmation to
the position of Commissioner of Streets Sanitation, he stated orally and in
writing to the Common Council that he would serve out his probationary period
and the he would refrain from requesting a waiver of the remaining probationary
term. Former Commissioner Shanks has stated to the Commission that Mr. Sumbrum
never requested a waiver nor did
Mr. Sumbrum confer with Commissioner Shanks about it. I am informed that
Mr. Sumbrum also denies requesting the waiver and has stated that he is willing
to serve the complete probationary term.
Under these facts it does not appear that Mr. Sumbrum has breached his
commitment to the Common Council and it would be speculative to entertain the
possible ramifications if he had.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
No. 61
Annual Report, P.I.L.O.T. Agreement
Item No. 17, C.C.P., 2/8/94
The annual report of the Department of Assessment concerning delinquent
P.I.L.O.T. agreements has been referred to the Law Department for comment.
These agreements to make payments in lieu of taxes are part of the
contracts between businesses and the Erie County Industrial Development Agency
(ECIDA). The City of Buffalo is not a party to the agreements and the
delinquent businesses are not in violation of any agreement with the City, nor
are they subject to the same kinds of penalties and In Rem proceedings as
ordinary delinquent taxpayers.
The ECIDA, as a party to the agreements, is in a position to enforce
them, and has cooperated with the City in the past in this regard.
REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT.
No. 62
Complaint of Teacher Abuse
"Ronnie Redfern, Sr. -
Ronnie Redfern, Jr."
The above item has been referred to the Department of Law for
an opinion.
Please be advised that we have requested a copy of the Board of
Education's report following their investigation as referred to in Mr.
Redfern's letter. Please note that if Mr. Redfern is asserting a claim against
the Board of Education, he must file a notice of claim.
REFERRED TO THE SPECIAL COMMITTEE ON EDUCATION.
FROM THE COMMISSIONER OF COMMUNITY DEVELOPMENT
No. 63
Certificate of Appointment
Deputy Commissioner
Pursuant to the powers vested in me, I hereby appoint Ms. Ruth
Luchey-Toliver, residing at 238 Merrimac Street, Buffalo, New York 14214, to
the position of Deputy Commissioner of Community Development, effective
February 16, 1994.
Ms. Ruth Luchey-Toliver's experience as a successful entrepreneur,
financial sales consultant, corporate trainer and personnel efficiency
professional qualify her for appointment to the position of Deputy
Commissioner.
I hereby certify that Ms. Luchey-Toliver has the qualifications and
education acceptable to me to fill this position and her starting salary will
be $54,511.
RECEIVED AND FILED.
No. 64
Certificate of Appointment
Director of Development
Pursuant to the powers vested in me, I hereby appoint Joseph R.
Costantini, residing at 109 Lexington Avenue, Buffalo, New York, 14222, to the
position of Director of Development, effective February 8, 1994.
Mr. Costantini successfully directed both domestic and international
sales/marketing teams in the penetration of diversified industries.
Concentration in the manufacturing, telecommunications, government, and
financial services markets.
I hereby certify that Mr. Costantini has qualifications acceptable to me
to fill the position of Director of Development. Mr. Costantini starting
salary will be $52,829.
RECEIVED AND FILED.
No. 65
E.A.F.
Rich Marina Corp., 23 Austin St. - Request to
Install (36'x25') Restroom and Shower Facilities
Item No. 80, C.C.P., 2/8/94
Attached for your information is the Short Environmental Assessment
Form for the matter captioned above.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 66
REVISED REPORT OF BIDS
DELAWARE PARK
MEADOW PATHWAY
As authorized by Your Honorable Body Item No. 72 of July 21, 1992,
I advertised for and received the following sealed proposals for Delaware Park
Meadow Pathway, which were opened and publicly read July 14, 1993:
BIDDER BASE BID ALT 1 ALT 2A ALT 2B
ALT 2C
DEDUCT ADD ADD ADD
ALT.3 ALT.4 ALT.5A ALT.5B
ADD ADD
MPJ Contracting Inc. 68 Churchill Street Buffalo, N.Y. 14207
$132,000 4,000 12,000 12,000
12,000
1,000 4,500 +3,000 +3,500
G.B.H. Paving, Inc. 24 Willow Green Dr. Amherst, N.Y. 14228
$152,631 0 8,582 2,594
4,171
4,838 7,400 +3,564 +786
N.E. Diversification Inc. 77 West Drullard Lancaster, N.Y. 14086
$174,620 300 15,500 3,500
12,250
5,000 9,600 +2,200 +800
B.D.R. Inc. 3480 Benzing Rd. Orchard Park, N.Y. 14127
$187,444 500 11,000 3,800
13,000
3,300 17,000 -2,500 -3,500
LCP Const. Corp. 589 Northland Avenue Buffalo, N.Y. 14211
$189,724 6,500 21,000 5,800
16,000
1,900 4,800 +14,760 +4,900
Thomann & Loewer Asphalt Paving Corp. 340 Harris Hill Rd.
Williamsville, N.Y. 14221
$189,950 800 11,495 3,000
10,225
1,800 10,430 +2,000 +575
Buffalo Creek Landsc. 11800 Route 20A Wales Ctr, NY 14169
$197,444 5,000 10,560 2,880
16,492
1,500 2,000 0 0
Nichter Utility Const Co. Inc. 344 Vulcan St Buffalo, NY 14207
$239,000 17,596 17,760 3,463
11,151
2,500 7,990 +1,650 +2,100
LANDSCAPE ARCHITECT'S ESTIMATE $210,000 BASE BID
The preceding is a true and correct abstract of all bids received and
M.J.P. Contracting, Inc. is the lowest responsible bidder. Funds for this work
will be available in Capital Project Account No. 200-717-050.
This item was previously reported to your Honorable Body but was kept in
Finance Committee due to the alternate bids recommended. The new report
changes the previous report in that it recommends the community preferred route
alternative.
I therefore recommend that Your Honorable Body authorize the Commissioner
of Community Development to order the work by M.J.P. Contracting, Inc. in the
base bid amount of $132,000 plus Deduct Alternate No. 1 in the amount of
-$4,000, plus Add Alternate Nos. 2A, 2C, 3 and 4 in the amounts of $12,000,
$12,000, $1,000 and $4,500 for a total contract award $157,500. Alternate No.
2A and 2C add additional sections of path on the south edge of the project.
Alternate No. 3 removes an old tower base and Alternate No. 4 removes and
grasses the horseshoe pit area. Deduct Alternate No. 1 allows for the
construction of the path away from the Ring Road, in the northwestern quadrant.
Mr. Pitts moved:
That the Communication from the Department of Community Development,
dated February 3, 1994, be received and filed; and
That the Commissioner of Community Development be, and he hereby is,
authorized to award a contract for Delaware Park Meadow Pathway to MJP
Contracting, Inc., the lowest responsible bidder, in the base bid amount of
$132,000, plus Deduct Alternate No. 1 in the amount of $4,000, plus Add
Alternate Nos. 2A, 2C, 3 and 4 in the amounts of $12,000, $12,000, $1,000 and
$4,500 for a total contract award of $157,500. Funds are available in Capital
Project Acct. No. 200-717-050.
PASSED.
AYES- 12 NOES- 0.
No. 67
Change Order No. 2 (Final)
Patterson-Stevens, Inc.
Broadway Market Parking Ramp
Contract #91700500
On June 3, 1993 the City of Buffalo entered into contract with
Patterson-Stevens, Inc. of 400 Sawyer Avenue, Tonawanda, New York, for concrete
and deck repairs to the third parking level at the Broadway Market Parking
Ramp.
This contract in the amount of $135,260.00 is complete and the work has
been accepted.
Upon a final review of work completed we have concluded that the City is
due a Credit of $864.10 determined as follows:
DESCRIPTION CONT. VALUE COMPLETED DIFFERENCE
Repair Membrane System
$12,000.00 $10,742.40 $1,257.60 CREDIT
SpaIl Repair, Deck, Walls
44,250.00 40,002.00 4,248.00
CREDIT
Flashing 4,680.00 4,446.00
234.00 CREDIT
Floor Drains 4,000.00 -0-
4,000.00 CREDIT
Roof Drains 7,500.00 6,000.00 1,500.00
CREDIT
Full Deck Repair -0- 5,395.50 5,395.50
ADD
Repairs to Skylight -0- 4,980.00 4,980.00
ADD
TOTAL CREDITS 11,239.60
TOTAL ADDS 10,375.50
TOTAL 864.10 CREDIT
Accordingly, I request permission to issue Change Order #2 which will
decrease the contract in the amount of $864.10 and close the contract at
$134,395.90. These funds will be returned to our Bond Account #200-717-015.
In addition I have granted the contractor a time extension to March 15, 1994.
Mr. Pitts moved:
That the communication from the Department of Public Works, dated January
25, 1994, be received and filed; and
That the Commissioner of Public Works be, and he hereby is, authorized to
issue a change order #2 to Patterson-Stevens, Inc., with changes resulting in a
decrease in the amount of $864.10, as more fully described in the above
communication, for work relating to concrete and deck repairs to the third
parking level at Broadway Market Parking Ramp, Contract 91700500. Funds to be
returned to B/F 200-717-015.
PASSED.
AYES- 12 NOES- 0.
FROM THE COMMISSIONER OF STREETS
No. 68
"Policy for Streets Dept. Used Tires"
(Item #170 C.C.P. Feb. 8, 1994)
In reference to Item #170 C.C.P. February 8, 1994, I wish to inform
the Common Council of our policy for used tires in 1994.
There are two scheduled tire drop-off days; April 23, 1994 and October 8,
1994. These are both Saturday dates and only City of Buffalo residents can
drop off a limit of four (4) tires.
The drop-off sites are the Broadway Garage - 197 Broadway, and the City
Auto Pound, 189 Tonawanda Street. These sites will be opened from 8:00 a.m. to
2:00 p.m. only on drop-off dates. Tires must be clean, unmounted and with no
rims.
REFERRED TO THE COMMITTEE ON FINANCE.
FROM THE COMMISSIONER OF INSPECTIONS AND COMMUNITY REVITALIZATION
No. 69
Report of Emergency Bids for
Demolition for Various Properties
Within the City
Due to the very serious and hazardous condition of the buildings
listed below, inspections were conducted by this department and it was
determined that immediate demolition was necessary due to (1) the structural
condition of the buildings and/or (2) the resulting dangerous and hazardous
condition which exists at these locations, i.e. in accordance with guidelines
outlined in Chapter 113 of the Ordinances of the City of Buffalo. Please be
advised, therefore, that offers to demolish were solicited on February 3, 1994
and that the contract will be awarded to the following responsible bidder:
ADDRESS/OWNER CONTRACTOR/AMOUNT OF BID
359 Walnut Lebis Enterprises
City of Buffalo $5,275.00
499 Winslow Integrated Waste Special Services
City of Buffalo $6,050.00
472 Sycamore Lebis Enterprises
City of Buffalo $12,555.00
Please be further advised that the sewer and water services will be
terminated by the demolition contractor and this cost is included in the cost
of the project.
We, therefore, respectfully report to your Honorable Body that the cost
of the projects is to be charged to the Capital Projects Fund
#200-241-002-00000.
Mr. Pitts moved:
That the communication from the Department of Inspections and Community
Revitalization, dated February 8, 1994, be received and filed; and
That the award by the Commissioner of Inspections and Community
Revitalization of an emergency demolition contract to Lebis Enterprises at a
cost of $5,275.00, relating to 359 Walnut and $12,555.00 relating to 472
Sycamore and to Integrated Waste Special Services at a cost of $6,050.00
relating to 499 Winslow, is hereby confirmed, ratified and approved, with said
cost to be charged against Capital Projects Fund #200-241-002-00000.
PASSED.
AYES- 12 NOES- 0.
No. 70
Connecticut Street New Housing Project
Approval of Land Disposition Agreement
Gal/Van Developers, Inc.
The City of Buffalo Urban Renewal Agency duly designated Gal/Van
Developers, Inc., and/or a joint venture, partnership, corporation or other
legal entity to be formed as the qualified and eligible Redeveloper for the
subject Project.
Please be advised that in accordance with the provision of Article 15A of
the General Municipal Law, it is now necessary for Your Honorable Body to set a
date for a public hearing, and to direct the publication of a notice of said
hearing. In the interest of time and anticipating that Your Honorable Body is
willing to expedite this matter, I have taken the liberty to prepare a
Resolution together with a Notice of Public Hearing for your action.
Forwarded herewith are the following documents:
1. Resolution setting Public Hearing
2. Notice of Public Hearing
3. Resolution approving proposed Land Disposition
Agreement
4. Proposed Land Disposition Agreement
After the Public Hearing is held, your Honorable Body may adopt a
resolution authorizing the disposition of the land to the Redeveloper, which
the Agency has designated as being qualified and eligible.
REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT.
No. 71
Ellicott-Masten New Housing Project
Approval of Land Disposition Agreement
M. J. Peterson/Forbes Housing, Co.
The City of Buffalo Urban Renewal Agency duly designated M. J.
Peterson/Forbes Housing, Co. and/or a joint venture, partnership, corporation
or other legal entity to be formed as the qualified and eligible Redeveloper
for the subject project.
Please be advised that in accordance with the provision of Article 15A of
the General Municipal Law, it is now necessary for Your Honorable Body to set a
date for a public hearing, and to direct the publication of a notice of said
hearing. In the interest of time and anticipating that Your Honorable Body is
willing to expedite this matter, I have taken the liberty to prepare a
Resolution together with a Notice of Public Hearing for your action.
Forwarded herewith are the following documents:
1. Resolution setting Public Hearing
2. Notice of Public Hearing
3. Resolution approving proposed Land Disposition
Agreement
4. Proposed Land Disposition Agreement
After the Public Hearing is held, your Honorable Body may adopt a
resolution authorizing the disposition of the land to the Redeveloper, which
the Agency has designated as being qualified and eligible.
REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT.
FROM THE COMMISSIONER OF ADMINISTRATION AND FINANCE
No. 72
Fuel Mgmt. For City Vehicles
No.169 C.C.P. February 8, 1994.
This is in response to your referral of the item referenced above.
The Department of Administration and Finance agrees with the sentiments
expressed in the above referenced resolution; the self-service fuel dispensing
system that is currently in operation in a majority of city garages is not the
best system for conserving gasoline and saving money and there do exist better
fuel management systems. A better system is suggested in Council member
Coppola's resolution; namely, an electronic or computerized fuel monitoring
system. Such a system is currently in use at the Police garage and it should
be installed at a centralized garage as part of an overall vehicle maintenance
consolidation program. In fact, the installation of an automated fuel
dispensing system is a recommendation that was put forth by Council member
Lotempio's Vehicle Maintenance Task Force. Further, the Vehicle Maintenance
Task Force recommended the acquisition of an integrated vehicle information
system that will facilitate the tracking and control of city-owned vehicles,
improvements in scheduling equipment replacement, standardization of
preventative maintenance procedures and more accurate recording of materials
and labor costs. The Data Processing division of the Comptroller's Office has
developed such a system and has initiated discussions with Streets Commissioner
LoVallo concerning its implementation.
The Department of Administration and Finance believes the efforts of the
Vehicle Maintenance Task Force, the test of the automated fuel dispensing
system at the Police garage and the development of an integrated vehicle
information system by Data Processing are positive steps in the right direction
and it is eager to work with the Council and the various departments to make
consolidated vehicle maintenance a reality. Public Works Commissioner Giambra
is scheduling a meeting of the affected department heads for the week of
February 21 in order to resurrect this issue. It is our recommendation that an
evaluation of the automated fuel dispensing system at the Police garage be
undertaken, as well as evaluation of the integrated vehicle information system
that has been developed by Data Processing. Such evaluations will help inform
decisions on the adoption of these systems or the need for further
investigations of alternative systems. The Department of Administration and
Finance is available to help conducted these evaluations if necessary.
We trust this response addresses your referral satisfactorily. If further
information is required please advise.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 73
One Time Only Pkg. Tickets Amnesty
No.171 C.C.P. February 8, 1994.
This is in response to your referral of the item referenced above.
The Department of Administration and Finance believes the idea of a One
Time Parking Ticket Amnesty merits further investigation. As the Council is
aware, the City faces a $31.3 million budget gap in the 1994-95 fiscal year and
consequently, we must consider a number of options, including those that
heretofore have been less palatable, in order to close a gap of this magnitude.
There are at least two caveats to this Department's endorsement of a One
Time Parking Ticket Amnesty however. First, we must investigate further the
experiences of New York City and other cities where amnesty has been tried. We
must obtain more information on the extent of the response to amnesty and on
the effects of amnesty on future parking ticket receipts. Second, we highly
recommend that any amnesty program be accompanied by an extensive public
relations campaign wherein the public is strongly advised that this is a ONE
TIME ONLY amnesty and that it will be followed by an aggressive collections
effort to recover any remaining outstanding tickets and fines.
I hope this response addresses your concerns.
REFERRED TO THE COMMITTEE ON FINANCE.
FROM THE COMMISSIONER OF HUMAN RESOURCES
No. 74
Appointment of Director for Youth
I, Michael V. Smith, Commissioner of Human Resources, appoint
to the position of Director for Youth, Mr. Michael J. Norwood, effective
Thursday, February 17, 1994.
Mr. Norwood's responsibilities as Director of Constituent Services in the
office of Senator Anthony M. Masiello gives him wide ranging experience in
dealing with and helping to develop, implement and fund youth programs
throughout the City of Buffalo.
Mr. Norwood resides at 2 East Woodlawn Street, Buffalo, New York 14211.
His salary is $48,413.
RECEIVED AND FILED.
No. 75
Certificate of Appointment
Appointment effective February 7, 1994 in the Department of Human
Resources, Division of Substance Abuse Services, Mary T. Hoefler, 70 Herkimer
Street, Buffalo 14213, to the position of Fiscal Manager, Permanent, at the
Maximum starting salary of $36,488.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
FROM THE COMMISSIONER OF GENERAL SERVICES
No. 76
Appointment of Secretary to the
Commissioner of General Services
I, Alberto J. del Valle, appoint to the position of Secretary
to the Commissioner of General Services Ms. Gina M. Granville, effective
February 9, 1994. Ms. Granville resides at 300 Sterling Ave., Apt. A, Buffalo,
N.Y. 14216. Her starting salary is $20,826.
Ms. Granville replaces Ms. Bernadette S. Ricks. Ms. Granville's long
experience and computer literacy makes her uniquely qualified for this
position.
RECEIVED AND FILED.
FROM THE CIVIL SERVICE COMMISSION
No. 77
Opinion - Residency Requirement
You have requested that the Civil Service Commission provide an
opinion as to whether the appointment of Messrs. Stephen Banko, III, and Alan
DeLisle require that they reside in the City of Buffalo and if any conditions
will be attached to said appointments.
It is the opinion of this office that Messrs. Banko and DeLisle are
required to reside in the City of Buffalo during the duration of their
employment as Confidential Aide to the Mayor.
At the Civil Service Commission meeting of January 19, 1994, the
Commission granted a residence waiver for these gentlemen through August 1,
1994.
I trust this satisfies your inquiry.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
No. 78
Residency requirement - Waivers
#35, C.C.P. 1/11/94
#22, C.C.P. 1/3/94
#23, C.C.P. 1/3/94
#40, C.C.P. 12/14/93
You have asked this office to reply to your inquiry as to whether
residence waivers are provided before or after an appointment. In addition,
you would like to know if Messrs. Banko and DeLisle, Confidential Aides to the
Mayor, requested a residence waiver. Lastly, you would like to know if a
residence waiver was granted to Mr. Daniel Sealander, Superintendent of Traffic
Signal Systems, and, if so, why.
It is the opinion of this office that requests for residence waivers
should be filed with the Civil Service Commission prior to appointment.
At the Civil Service Commission meeting of January 19, 1994, the
Commission approved Mayor Masiello's request for a six-month residence waiver
for Messrs. Banko and DeLisle. These individuals are required to establish
residence in the City of Buffalo by August 1, 1994.
The Commission granted a waiver of residence for Mr. Daniel Sealander,
Superintendent of Traffic Signal Systems. This waiver was granted due to
special circumstances involving Mr. Sealander's child.
I trust this satisfies your inquiry.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
FROM THE ZONING BOARD OF APPEALS
No. 79
Check Zoning/Use 235 Esser
Item #190 C.C.P. 02/08/94
With respect to the aforementioned property, please be advised
of the following:
Petitioners representing this property have appeared twice before the
Zoning Board of Appeals to request the following variances:
5/25/88 - Request to convert the premises to a dance studio, two apartments
and two roomers. Appeal granted by the Board, permit was not obtained by
petitioner. (Decision is voided)
10/13/93 - Request to convert premises for an office and 2 family dwelling.
(No mention of partial use of premises for a store in the application.) Appeal
denied by the Board.
It would appear that in accordance with Section 511-110 of the Zoning
Ordinance (Discontinuance) that both the conversion to a dance studio and
subsequent re-conversion to a store were illegally performed, without the
benefit of a zoning variance from the Zoning Board of Appeals, since the
property is zoned R2.
REFERRED TO THE COMMITTEE ON LEGISLATION.
FROM THE BOARD OF EDUCATION
No. 80
Board Members assigned to the Education Committee
The Board of Education Members assigned to the Common Council's
Education Committee are: John C. Doyle and Donald A. Van Every. Please refer
any questions to James M. Kane at 851-3598.
RECEIVED AND FILED.
FROM THE BUFFALO MUNICIPAL HOUSING AUTHORITY
No. 81
Ordinance- Responsibilities of Owners/Tenants
Item No. 236, C.C.P., 10/05/93
Please be advised that the Authority's Dwelling Lease, which is
attached for reference, already incorporates provisions covering the concerns
and requirements listed in items (a) through (d) of the provisions in the
Ordinance Amendment for Section 242-11.
The Authority has been attempting to resolve various problems with the
Erie County Department of Social Services for several years now. A major
problem for us is that the Erie County Department of Social Services insists
that they cannot or do not have the staff to inform us when a case is closed
for their clients who also are our tenants. Public Assistance cases are often
times closed during tenancy. While informing the Authority of a change in
income is a lease requirement, often times tenants do not comply with this. At
the time the tenant moves, skips out or is evicted and we seek reimbursement
from the ECDSS for a Security Agreement, payment is denied because the case was
previously closed. If we were advised when a case is closed, we certainly
could contact the tenant regarding change of income information and pursue
lease compliance issues.
In the event that further consideration is given regarding what
information landlords need from the Erie County Department of Social Services,
the Authority recommends that in addition to the already included provision
that the landlord acknowledge a tenant's request to be taken off rental payment
vouchers or a two party check arrangement, the Department is required to notify
the landlord any time a case is closed.
The Authority is willing to assist and participate in any way it can to
ensure that a notification system is developed and implemented.
REFERRED TO THE COMMITTEE ON LEGISLATION.
FROM THE CITY CLERK
No. 82
Appointment to Records Advisory Board
Pursuant to Article IX, Chapter 6, Section 6-51, be advised that
Mrs. Patricia Blackett has been appointed to the Records Advisory Board, as the
designee of the Director of the Buffalo and Erie County Public Library. Mrs.
Blackett replaces Ruth Willett who died in April 1993.
This communication is for information purposes only.
RECEIVED AND FILED
No. 83
Appointment of Marriage Officers
I hereby request that Councilmember David J. Czajka be appointed
as Marriage Officer for the City of Buffalo for a term effective February 17,
1994 and ending December 31, 1997.
This request is made pursuant to Chapter 49 of the Laws of New York State
1988, which allow a governing body the right to appoint Marriage Officers, who
then will have the authority to solemnize marriages for a period of time not to
exceed four (4) years.
Mr. Pitts moved that the communication from the City Clerk, dated
February 17, 1994, be received and filed; and
Effective February 17, 1994, David J. Czajka is hereby appointed as a
marriage officer pursuant to Chapter 49 of the Laws of New York State (1988)
and expiring December 31, 1997, or on the leaving of the elected office they
now hold; 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 of such cancellation.
ADOPTED.
No. 84
Disposition of City Records
The following departments have requested to dispose of City Records
as indicated on the attached forms. Based on the information provided I have
authorized the disposition of these records in my capacity as City Records
Management Officer
City Clerk
Public Works
Street Sanitation
RECEIVED AND FILED.
No. 85
Auto Allowance
The following departments have filed the required certificate
relative to the granting of automobile transportation allowances for employees
in their respective departments:
Public Works
RECEIVED AND FILED.
No. 86
Liquor License Applications
Attached hereto are communications from persons applying for liquor
licenses from the Erie County Alcohol Beverage Control Board.
Address Business Name Owner's Name
41 Virginia PI. 41 Virginia Pl. Ltd. David C. Shutte, President
RECEIVED AND FILED.
No. 87
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
Public Works
Parks
Fire
RECEIVED AND FILED.
No. 88
Reports of Attendance
I transmit herewith communications received by me, from the various
boards, commissions, agencies and authorities reporting the membership
attendance at their respective meetings:
Board of Stadium and Auditorium
Buffalo Sewer Authority
City Planning Board
Emergency Medical Services Board
Municipal Housing Authority
Youth Board
Zoning Board of Appeals
RECEIVED AND FILED.
No. 89
Notices of Appointments - Council Interns
I transmit herewith appointments to the position of Council Intern.
Mr. Pitts moved the approval of the appointments to the position of
Council Intern.
ADOPTED.
Appointment effective February 17, 1994, in the Department of Common
Council, Nicole L. Notaro, 411 Lafayette, Buffalo, New York 14213 to the
position of Intern III, Seasonal Non-Competitive, at the: Flat starting salary
of $5.00/hr.
Appointment effective February 9, 1994, in the Department of Common
Council, Mandy Hawkins, 43 Proctor St., Buffalo, NY 14215 to the position of
Intern IV, Seasonal, Non-Competitive at the Flat starting salary of $6.00/hr.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
No. 90
Notices of Appointments - Seasonal/Flat
I transmit herewith certificates received by me, reporting seasonal
and flat salary appointments made in various departments.
RECEIVED AND FILED.
DEPARTMENT OF STADIUM AND AUDITORIUM
Appointment effective February 14, 1994, in the Department of
Stadium & Auditorium Division of Memorial Auditorium, Kellie Safford, 284 Grape
St., Buffalo, 14204, to the position of Laborer II, seasonal non-competitive,
at the flat starting salary of $6.92/hr.
DEPARTMENT OF PARKS
Appointment effective February 10, 1994 in the Department of Parks,
Division of Recreation, Michael Metz, 179 Fenton, Buffalo 14206 to the position
of Lifeguard Seasonal Non-Competitive at the Flat starting salary of $5.20/hr.
Appointment effective February 16,1994 in the Department of Parks,
Division of Recreation, Roger Harrington, 79 Normal Buffalo 14210 to the
position of Supervising Lifeguard Temporary, Non-Competitive at the Flat
starting salary of $5.98
DEPARTMENT OF ASSESSMENT
Appointment effective February 15, 1994 in the Department of Assessment,
Bridget Baratto, 1022 Delaware Avenue, Buffalo NY 14209 to the position of
Clerk, Seasonal Non-Competitive, at the Flat starting salary of $5.20 hourly
DEPARTMENT OF HUMAN RESOURCES
Appointment effective February 9, 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.
Michael Krzemien, 159 Cantwell, Buffalo 14220
Arlene Harris, 252 Parkdale, Buffalo 14213
Millicent Thomas, 712 Northumberland, Buffalo 14213
Matthew Walker, 533 Masten, Buffalo 14209
Latanya Washington, 503 Humboldt, Buffalo 14208
Bonnie Brown, 718 Eggert, Buffalo 14215
Appointment effective February 10, 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.
Bernard Pryor, 849 Busti, Buffalo 14213
Evelyn Jones, 213 Miller, Buffalo 14211
Linda Kelly, 199 Royal, Buffalo 14207
Appointment effective February 14, 1994, in the Department of Human
Resources, Division of Youth, Thomas Pace, 328 Grant, Buffalo 14213, to the
position of Attendant, Temporary at the Flat starting salary of $4.42/hr.
Appointment effective February 15, 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.
Ronald Pugh, 100 Blaine, Buffalo 14208
Jane Maraschello, 246 Rhode Island, Buffalo 14213
Johnnie Davis, 1256 Fillmore, Buffalo 14211
Nicole McKelley, 10 Seventh #102, Buffalo, 14201
DEPARTMENT OF POLICE
Appointment effective February 7, 1994 in the Department of Police,
Deborah A Alessandra, 616 Tacoma Avenue, Buffalo 14216 to the position of
Civilian School Crossing Guard TSAR, Seasonal Non-Competitive, at the Minimum
starting salary of $5.71
No. 91
Appointments - Temporary, Provisional or Permanent
I transmit herewith Appointments in the various departments made
at the Minimum (Temporary, Provisional or Permanent) and for Appointments at
the Maximum (as per contract requirements)
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
DEPARTMENT OF AUDIT AND CONTROL
Appointment effective 2-8-94, in the Department of Comptroller
Division of Accounting, Stella Canty-Fennel, 124 Elmhurst Place - Apt D,
Buffalo, New York 14216, to the position of Assistant Accountant, Temporary, at
the Minimum starting salary of $24,981.00.
Appointment effective 2/8/94, in the Department of Audit and Control,
Division of Audit, Joseph Murphy, 100 Eden Street, Buffalo, New York 14220, to
the position of Assistant Auditor, Provisional, at the Minimum starting salary
of $24,981.
DEPARTMENT OF PUBLIC WORKS
Appointment effective 12/29/93, in the Department of Public Works,
Division of Engineering, Mark Gannon, 299 Cumberland Ave., Buffalo, NY 14220,
to the position of Laborer Il, Temporary Non-Competitve, at the Maximum
starting salary of $10.67/hr.
Appointment effective February 14, 1994, in the Department of Public
Works, Division of Water, Izydor Karbowski, 384 Hertel Avenue, Buffalo, 14207,
to the position of Caulker, Permanent, at the Minimum starting salary of
$21,765.
Appointment effective January 17, 1994, in the Department of Fire,
Division of Administration, to the position of Chief Fire Administrator,
Patrick J. Garlock, 136 Arlington Place, Depew, New York 14043, Provisional
Promotion, at the Maximum starting salary of $45,027.
DEPARTMENT OF POLICE
Appointment effective February 4, 1994, in the Department of Police,
to the position of Police Officer, Permanent at the Minimum starting salary of
$28,814
Sharon M. Acker, 36 Portland Street, Buffalo 14220
Shellie L. Frank, 10 Hertel Avenue Apt. 1104, Buffalo 14207
Mary E. Lorich, 555 Seventh Street, Buffalo 14201
Mary C. Evans, 1710 Seneca Street, Buffalo 14210
Julie A. Kilmer, 105 Baynes Street, Buffalo 14213
Lynn M. Fitzgerald, 165 Choate Avenue, Buffalo 14220
Chauncey White III, 222 Monroe Street, Buffalo 14206
Michael D. Bass, 21 Bedford Court, Buffalo 14204
Tara W. Regan 65 Marbeth Court, Buffalo 14220
Daniel T. Iafallo, 125 Arbour Lane Apt 2, Buffalo 14220
John C Garcia, 363 Parkside Avenue, Buffalo 14214
Ramon L Camacho, 449 Connecticut Street, Buffalo 14213
George P McLean, 11 Courtland Avenue, Buffalo 14215
Leona E Flowers, 87 Mendola, Buffalo 14215
Armondo P Cordone, 114 Stratford Road Apt 1, Buffalo 14216
Jeffrey P Varecka, 176 McKinley Parkway, Buffalo 14220
Christopher S Kochersberger, 905 Delaware Apt 2, Bflo. 14209
Mark K Tripp, 132 Sidway Street, Buffalo 14210
Thomas J Moran, 280 Choate Avenue, Buffalo 14220
James M Duffy, 1242 E Lovejoy Street Apt 4, Buffalo 14206
Anthony M Marshall, 73 Redmond Avenue, Buffalo 14216
John M Myers, 78 Portland, Buffalo 14220
Robert J Delaney, 108 Bushnell Street, Buffalo 14206
David M Cieply, 115 Fleming Street, Buffalo 14206
James C Hummel, 45 W Northrup Place, Buffalo 14214
Thomas E Wiesmore, 351 Breckenridge, Buffalo 14213
Peter L Kocol, 205 Weimar Street, Buffalo 14206
Sheryl L McCormick, 1121 Lovejoy Street, Buffalo 14206
Leo McGrath, 32 Como Avenue, Buffalo 14220
William J Rieman, 143 Ramona Apt 2, Buffalo 14220
Paul J Flanagan, 43 Hammerschmidt Avenue, Buffalo 14210
Scott R Malec, 107 Crescent Avenue, Buffalo 14214
Douglas H Kopp, 234 Doat Street, Buffalo 14211
James W Panus, 562 LaSalle Avenue, Buffalo 14215
Kenneth A Szyszkowski, 277 Woodside Avenue, Buffalo 14220
Robert J McLellan, 157 Mariemont Avenue, Buffalo 14220
Earl E Perrin Jr, 675 Delaware Avenue Apt 905, Buffalo 14209
Edmund L Malcolm Jr, 2294 Main Street, Buffalo 14214
Michael A Bennett, 535 Minnesota Avenue, Buffalo 14215
Steven M Turner, 319 Villa Avenue, Buffalo 14216
Frank A Guevara, 316 W Utica, Buffalo 14222
Daniel Quintana, 396 Vermont, Buffalo 14213
Appointment effective February 8, 1994 in the Department of Police, Larry
J Pierce, 82 Bernice, West Seneca 14224 to the position of Police Photographer,
Provisional, at the Flat starting salary of $41,765.
Appointment effective February 9, 1994 in the Department of Police, Mark
E Blankenberg, 758 Robin Road, Amherst 14228, to the position of Police
Captain, Temporary, Promotion, at the Flat starting salary of $51,680.
DEPARTMENT OF FIRE
Appointment effective January 3, 1994, in the Department of Fire
Division of Administration, to the position of Assistant Fire Alarm Dispatcher,
Joseph Romano, 293 North Park Avenue, Buffalo, N.Y. 14216, Permanent Promotion,
at the Maximum starting salary of $40,531.
DEPARTMENT OF INSPECTIONS & COMMUNITY REVITALIZATION
Appointment effective 2/7/94, in the Department of Inspections
& Community Revitalization, Division of Community Revitalization Albert R.
Howard, 160 Brunswick Blvd., Buffalo, New York 14208 to the position of
Coordinator of Community Services, Non-Competitive, at the Flat starting salary
of $39,677.
DEPARTMENT OF ADMINISTRATION AND FINANCE
Appointment effective 2/14/94, in the Department of Administration
& Finance, Division of Budget & Management, Diane Boyce, 61 Mt. Vernon, Buffalo
14210, to the position of Stenographic Secretary, Permanent, at the minimum
starting salary of $23,971.
NON-OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES
NON-OFFICIAL COMMUNICATIONS
No. 92
Church of the Ascension
Festival Accounting
Per our telecon, attached is the financial analysis of our Festival
Weekend during the second week of June, 1993. My apology for the delay. If you
have questions, feel free to call me at 854-7502.
RECEIVED AND FILED.
No. 93
Erie County Industrial Development Agency
Unpaid P.I.L.O.T.'s
Pursuant to your request of February 9, 1994, I am happy to provide
the following information with regard to unpaid P.I.L.O.T.'s.
OWNER YEAR AMOUNT ACTION TAKEN
2661 Main St. 1993/94 14,603.68 Several telephone calls
made. Company
checking their records.
Will advise.
AC Hamilton 1992/93 2,973.00 Company in
receivership. Bank
1993/94 2,973.00 agreed to allow
company to sell
property, if possible.
BOC Group 1993/94 4,457.00 Payment has been
made.
Buffalo Waterfront 1992/93 61,232.67 Company filed for
Restaurant 55,289.01 Chapter 11 bankruptcy,
August, '93. Co.
indicated they would
make payment effective
Aug. '93.
Dun Bldg. Ptnshp.1993/94 4,819.00 Partial payment is
expected by month-end.
876 Associates 1992/93 11,737.67 Telephone calls not
1993/94 9,839.60 being returned
Harry Hoffman 1992/93 9,032.57 Business sold through
1993/94 16,896.32 foreclosure
1992/93 15,263.74 Bond paid off. PILOT
1993/94 7,631.87 payment made when
title transferred.
Marlette Holding 1993/94 8,400.00 Payment expected this
month.
Pro Bakers, Ltd. 1993/94 8,136.70 Payment has been
made.
Prudential Bldg. 1991/92 96,000.00 Company attempting to
Associates 1992/93 90,000.00 refinance.
1993/94 120,000.00
Pyramid Steel 1993/94 4,955.42 Payment has been
made.
Reppenhagen Roller 91/92 2,653.75 Company restructuring
debt.
1992/93 3,279.12 Payment expected by
month end.
1993/94 5,335.39
As can be demonstrated by the above, upon notification by the City of the
PILOT delinquencies, the ECIDA immediately took action. We would recommend
that the ECIDA continue working with the delinquent companies through March 15,
1994 at which time a report will be provided to the appropriate City officials
as to payment status. At that point in time, the City can provide direction as
to how they would like the ECIDA to proceed.
In addition to the above, please be advised that the ECIDA has in the
past, and will continue to do so in the future, work with City Officials to
promptly and aggressively pursue any and all delinquent PILOT's within its
rights. An agreement currently exists between the ECIDA, the City Comptroller
and the Commissioner of Assessment regarding notification and collection
efforts on delinquencies. Furthermore, we will be meeting on February 23 with
the Commissioner of Administration and Finance, the City Comptroller and the
Commissioner of Assessment to review the current agreement and explore further
opportunities for greater cooperation and coordination.
I trust the above information satisfactorily responds to your
communication of February 9, 1994. The ECIDA stands ready to assist the City
in any manner. We would welcome the opportunity to attend any Common Council
meetings to further discuss these issues. An update will be provided after
March 15, 1994.
Please do not hesitate to contact me if you have any questions.
REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT.
No. 94
H. MELLAN
Oppose Crossroads Bonding
The City of Buffalo government has taken action which is specifically
prohibited by the New cork State Constitution, Article VII, Section 8. I quote
herewith, the first sentence of that section: " The money of the state shall
not be given or loaned to or in aid of any private corporation or association
or private undertaking; nor shall the credit of the state be given or loaned to
or in aid of any individual, or public or private corporation or association or
private undertaking, but the foregoing provisions shall not apply to any fund
or property now held or which may hereafter be held by the state for
educational, mental health or mental retardation purposes." Truly, the City of
Buffalo, being a creature of the state, is constrained by the Constitution,
even as is the state government. The bond authorization for the Crossroads
Arena project, made by the city is in violation of law. Attached is a photocopy
of Section 8 of my copy of the New York State Constitution, which copy was
given to me by the Secretary of State.
In 1970, the city embarked on actions in violation of the state
Constitution which eventually came to be known "The Hurd Matter". The costs
applied against taxpayers in the past, the present and the future, as penalties
for those actions, are severe and continuing. The costs applied against
taxpayers in pursuit of support of the proposed Crossroads Arena by city
government, may be nebulous in number of dollars, but it is as certain to
happen as the government decrees it to be.
The responsibility to take corrective action now rests solely upon the
Common Council of Buffalo, for indeed the private citizen-taxpayer could not
presently have standing in court to challenge government's actions, but must
await the moment when the taxpayer has been harmed. That time would come after
the city has made interest payment on the bond using monies obtained in tax
levies.
It should be recognized that the city government supported by taxpayers,
has been generous to the Sabers organization, having increased the seating
capacity of Memorial Auditorium in 1971 at a cost of more than $12 million, and
installed air-conditioning in 1990 at a cost of more than $6 million in 1991.
All users of the " Aud " share in those benefits. Any agreement to close out
the use of the Aud for functions driving business to the proposed Arena is
disservice to all. The hockey players compete with other players, and there is
no true reason for the owners of the club to avoid competition from the Aud.
The Aud should continue to be available for use as it has been for all these
years.
News reports claim that consideration is being given to transferring
ownership of the Aud to Horizons Waterfront Commission for whatever. Such a
heinous action would be the ultimate offensive action which might be taken
against the people of Buffalo. Much of the Buffalo waterfront was expropriated
to Niagara Frontier Transportation Authority (NFTA) and now a state sponsored
commission seeks to redesign and manage what was once city property at a cost
beyond measure. The Buffalo Common Council is empowered to serve the common
good by continuing the Aud in service to all.
RECEIVED AND FILED.
No. 95
STATE OF NEW YORK
DEPARTMENT OF TRANSPORTATION
In response to your January 27, 1994 letter, the Department of
Transportation (DOT) does not have any comments regarding your proposed
resolution for the removal of the Michigan Avenue Bridge over Exchange Street.
A search of our files found a petition filed by the City of Buffalo dated
July 18, 1990, case 31245. We are attaching a copy of this petition which the
City may want to revise and/or update.
It is our understanding that the DOT is waiting for correspondence from
the City requesting a hearing date.
If you have any questions please contact William J. Dwyer, Office of
Legal Affairs at 518/457-2411 or Walter Wolanske of my staff at 847-3248
REFERRED TO THE COMMITTEE ON FINANCE.
No. 96
Partners - Silver Vending
Change in City Charter
We would like to direct your attention to the Charter for the
City of Buffalo (Amusements, page 7507 Chapter 75-18, Gambling Devises,
Paragraph #2). In this paragraph the City Charter deems pinballs as a gambling
device. Quoting the law, "A machine, apparatus, paraphernalia or device of the
type, design class or construction commonly known as a "pinball or bagatelle
machine," upon which a game or contest is played upon the insertion of a piece
of money or coin or other object for which a fee, charge or other consideration
is imposed directly or indirectly."
This law was written in the 1950's for the sole purpose of making a game
called "oneball" illegal. oneball was an illegal gambling game in which you
could build up odds in the game by adding more money to the game, before you
received your one chance to put a ball into a certain pocket or hole. If you
hit the money hole you won, if you didn't you lost. Those games were made
illegal by the City, and rightly so. Those games were called "pinballs", but
were actually "oneballs".
The state-of-the-art of electronic pinball of the 1990's is absolutely
nothing like the oneball game of 40 years ago. You cannot gamble or build up
odds with the pinballs of the 1990's.
Electronic pinball is becoming a great entertainment/amusement device.
There are varied themes, from golf to Startrek and even the Addams Family!
This is good clean family entertainment which the people of the City of Buffalo
are being denied.
We think it's time that the City of Buffalo change its law against the
operation of pinballs. Buffalo is the only city in the nation where pinballs
are illegal. We are nearing the year 2000 - it's about time we look to the
future instead of the past.
Thanks for your time in this matter.
REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CORPORATION COUNSEL.
No. 97
David H. Schank
Forgive Delinquent Tax/Interest 105 Wallace
I am writing to request your assistance. On April 28, 1993, my
wife and I purchased our home at 105 Wallace after moving from Tonawanda. We
have been very pleased with city services thus far, finding them comparable to
Tonawanda's.
I was quite surprised, however, to receive a delinquent tax notice dated
February 1, 1994, including $178.47 interest. Having owned property in
Tonawanda, I always received my tax bills, and paid them, in a timely manner.
Moving into the city, I did not know when tax bills were mailed, nor did it
occur to me to ask, assuming I would receive a bill when the time came. I did
pay a pro-rated tax bill as part of my closing costs last April.
I am frankly stunned that the city did not send me a bill for the 1993-94
tax year. And not only did the city not send me a bill, it also penalized me
for doing so. I realize I am responsible for paying taxes; I don't dispute
that. What I am disputing is the interest charge of $178.47. I was not billed
in a timely manner by the city assessor; therefore, I request that your
honorable body forgive the interest charge.
REFERRED TO THE COMMITTEE ON FINANCE, COMMISSIONER OF ASSESSMENT AND THE
CORPORATION COUNSEL.
No. 98
DEPARTMENT OF THE ARMY
BUFFALO DISTRICT. CORPS OF ENGINEERS
Buffalo Flooding and Water Quality Study
This letter is to inform the Council that the Buffalo District
is currently initiating work on the Buffalo Flooding and Water Quality Study.
The Common Council has requested information regarding this study in the past,
and, therefore, want to give the Council some background and insight on the
approach we plan to take for this study.
The authority for this study was contained in the Water Resources
Development Act of 1990 and funds were provided as a Congressional add-on in
fiscal year 1993. Because this is a non-traditional study we have had to do an
extraordinary amount of coordination with our higher headquarters and are now
in the position to move ahead on this study.
This study was requested by former Congressman Henry Nowak to investigate
and find a solution to the flooding and associated water quality problems
caused by sewer backup/overflow in the North Buffalo-Hertel Avenue Planning
Area. A map of the area impacted is attached for reference.
The specific instructions we received were to review the City's
tunnel-quarry plan (developed by the Buffalo Sewer Authority) and develop other
cost-effective alternatives to remedy the flooding/water quality problem. In
addition, we need to determine if there is a Federal interest (i.e., Are there
sufficient flood control benefits to economically justify a project?) by
precisely defining the problem area and determining the magnitude of damages
caused by the flooding and associated water quality problems.
We have elected to perform the study in two phases. The first phase will
include: review of the tunnel-quarry plan; review of previous reports prepared
by the Buffalo Sewer Authority and its consultants; and a problem
identification/ damages investigation. We plan to use an Architect-Engineer
contract to perform the reviews of the tunnel-quarry plan and other existing
reports. The damages investigation will include a mail survey and on-site
survey of a sample of the residents, businesses, etc. in the North
Buffalo-Hertel Avenue study area. This survey may result in questions from City
residents and, therefore, l feel it important that the Common Council and its
members be informed of the study process. The second phase of this study will
focus on the development of preliminary designs and cost estimates for one or
more alternatives to be selected at the conclusion of the first phase.
I expect to send out the mail survey this spring and will provide the
Common Council advance copies for its information. My staff and I are also
closely coordinating this study and survey with the Mayor's office, the Buffalo
Sewer Authority, and Congressmen LaFalce and Quinn.
The study authority given to the Corps only permits us to study the
problem and prepare recommendations, perform preliminary design, and prepare
cost estimates. There is no authority or funding to perform final design,
prepare plans and specifications, or construct a solution. Those actions would
require additional authorization and appropriation of funds for an
infrastructure-type project that is not typically undertaken by the Corps. In
early on discussions with the Buffalo Sewer Authority my staff learned that
their intent was to have this study performed to assess the flooding and water
quality problems and find a solution. If a cost-effective solution was
identified the City could seek authorization of a project similar to the
Chicago Underflow Plan. The Chicago Underflow Plan is a series of underground
tunnels and reservoirs to relieve flooding problems in the city of Chicago that
is being built by the Corps at the direction of Congress.
I look forward to a close working relationship with the City's Common
Council on this important study. Any questions the Council may have can be
addressed by contacting me at 879-4200 or my Project Manager, Mr. James
Karsten, at 879-4245.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 99
M. Wimberly
Claim for Vehicle Sold by Auto Pound
On 08/04/93 a hearing was held for me to answer to Summons that
was issued on my vehicle plate number 3ET-340. I was given 30 days to pay a
reduced amount of $150.00. On 09/01/93 I mailed a check number 187 in the
amount of $150.00 to the Department of Parking violation. However when the
check didn't clear my account for several weeks, I attempted to contact the
Department of Parking Violations by phone. I was unable to reach anyone, so I
took a day off from work to go see what was going on. I was told that the check
didn't reach the department until after the due date, and that I would have to
pay and additional penalty before they would clear my registration.
I tried to talk to someone about what had happen, and was told he didn't
want to hear anything about it, I would just have to pay the additional amount.
I asked if I could speak with an appeal officer, and was told no, just pay the
penalty. Then I came to your office and ask if there was anything that your
office could do, you informed me to write this letter & you would look into
this matter.
In the meanwhile my vehicle was impounded for investigation of the VIN
CKD189F166713, and my husband was arrested. We were told the vehicle was being
held until the investigation was complete and we were unable to get the vehicle
back until the court matter was resolved. However now I have been informed
that my vehicle has been sold at public auctions by the City of Buffalo. I
would like to know how this could have taken place since the court
investigation is still going on, and I was informed that the vehicle was being
held until the court matter is complete.
Also now I have tried to cancel the insurance on the vehicle and was told
that I wouldn't be able to cancel it until the parking violation has cleared my
registration or I would be penalized on a day to day basis.
REFERRED TO THE COMMITTEE ON FINANCE, THE COMMISSIONER OF ADMINISTRATION AND
FINANCE AND THE CORPORATION COUNSEL.
No. 100
Mr. Coppola took his seat in the Common Council Chamber at 2:15
P.M.
PETITIONS
No. 101
Aviva Convenient Store, petition to use 330 Mineral Springs for a pole sign.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD,
AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT.
No. 102
Alaska Premium Seafoods, petition to use 423 EImwood for a sit-in
restaurant/outdoor patio/illum. awning.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD,
AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT.
REGULAR COMMITTEES
CIVIL SERVICE
HON. ROSEMARIE LOTEMPIO
CHAIRMAN
No. 103
G. Ritz Complaints on C. S. System (#79 11/30)
(Item # 84 CCP Jan 25,1994) CCP
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 104
Appointment
Human Resources/Counselor III
That Communication No 73 Dec 14, 1993 be received and filed and
the Permanent Appointment of Dollores Barrett stated above at the Intermediate
salary $23,710.00 effective on Dec. 6, 1993 is hereby approved.
PASSED.
AYES- 13 NOES- 0.
No. 105
Appointment
Audit & Control/Stenographer
That Communication No 16 Feb. 8, 1994 be received and filed and
the Temporary appointment of Joanne F. Mytnik stated above at the Intermediate
salary $20,205.00 effective on Jan. 25, 1994 is hereby approved.
PASSED.
AYES- 13 NOES- 0.
No. 106
Appointment
Public Works/Chemist
That Communication No 28 Feb 8, 1994 be received and filed and
the Permanent appointment of JanRobin J. Ford stated above at the Intermediate
salary $30,670.00 effective on Jan. 25, 1994 is hereby approved.
PASSED.
AES- 13 NOES- 0.
No. 107
Notices of Appointments (C. Clerk)
(Item # 62 Feb. 8, 1994) CCP
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
FINANCE
HON. DAVID A. COLLINS
CHAIRMAN
No. 108
Junior League - LaSalle Pavilion Lease
(Item No. 75, C.C.P., Jan. 25, 1994)
That the Corporation Counsel be, and hereby is authorized to renew
the lease agreement between the City of Buffalo and the Junior League for
LaSalle Pavilion, such renewal to include the changes needed to meet the
concerns expressed in Item No. 75, C.C.P., January 25, 1994.
PASSED.
AYES- 13 NOES- 0.
No. 109
1994-95 Recommended Budget- Pilot Field
(Item No. 1, C.C.P., Feb. 8, 1994)
That this Common Council approve the 1994-95 recommended budget
for the Pilot Field Enterprise Fund as contained in Item No. 1, C.C.P.,
February 8, 1994.
ADOPTED.
No. 110
Debt Statement (Compt)
(Item # 12 Feb. 8, 1994)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 111
Replacement of Bonds (Compt)
(Item # 13 Feb. 8, 1994)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 112
Monthly Overtime Report - 12/1993 (Compt)
(Item # 6 Jan. 11, 1994)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 113
Monthly Overtime Report (A&F)
Item # 59 CCP Jan 25, 1994
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 114
Bond Resolution
$350,000 Reconstruction of Animal Shelter Building
(Item No. 113, C.C.P., Feb. 8, 1994)
That the above item be, and the same hereby is, returned to the
Common Council without recommendation.
Mr. Collins moved:
That the Bond Resolution for $350,000 Serial Bonds Reconstruction of the
Animal Shelter Building Account 200-402-099 as contained in Item No. 189,
C.C.P., July 20, 1993, be and the same hereby is approved.
PASSED.
AYES- 13 NOES- 0.
No. 115
Animal Shelter Proposal Status (STS)
(Item # 48 Feb. 8, 1994)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 116
Result Priv. Sale 27 Spring (Compt)
(Item # Com 22 Apr. 27, 1993)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 117
Results of Negotiations
382 William Street
(Item No. 9, CCP., Jan. 11, 1994)
That the offer of Mr. Mohamed J. Safraj, 129 97th Avenue, Richmond
Hill, Queens, New York 11419, in the sum of $4,000.00 (Four Thousand Dollars)
to purchase the property described as 382 William Street, be and hereby is
accepted; 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, provided,
however,
That the appraisal requested by the City of Buffalo shall be paid by the
purchaser; and
That the transfer tax, recording fees and cost of legal description shall
be paid by the purchaser; and
PASSED.
AYES- 13 NOES- 0.
No. 118
Permission to Negotiate
Portion of 26-34 Bush
(Item No. 9, C.C.P., Nov. 30, 1993)
That the Comptroller be, and he hereby is, authorized to negotiate
with Frank J. & Patricia Kiebzak, residing at 36 Bush Street, for the private
sale of 26-34 Bush Street and report to this Honorable Body the results of such
negotiations.
Mr. Collins now moved to recommit to the Committee on Finance.
ADOPTED.
No. 119
Abandonment and Sale 42-44 Auchinvole
(Item No. 122, C.C.P., Feb. 8, 1994)
That the above item be, and the same hereby is, returned to the
Common Council without recommendation.
Mr. Collins moved:
That the Comptroller be, and he hereby is to proceed in accordance with
Section 513 and 514 of the City Charter and report results back to your
Honorable Body for final approval.
Mr. Collins now moved to recommit to the Committee on Finance.
ADOPTED.
No. 120
Offer Purch. 42 Auchinvole (CPBd) (#15 1/25)
(Item # 123 Feb. 8, 1994)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 121
Ordinance Amendment
Chapter 141 - Collection of Arrears
(Item No. 197, C.C.P., Jan. 25, 1994)
That the Ordinance Amendment as contained in Item No. 197, C.C.P.,
January 25, 1994, be, and the same hereby is approved.
PASSED.
AYES- BELL, COLLINS, COPPOLA, CZAJKA, FAHEY, FRANCZYK, HELFER, LOCKWOOD,
LOTEMPIO, PERLA, PITTS, ZUCHLEWSKI- 12.
NOES- ARTHUR- 1.
No. 122
Ordinance Amendment
Chapter 175 - Fees
(Item No. 181, C.C.P., Feb. 8, 1994)
That the Ordinance Amendment as contained in Item No. 181, C.C.P.,
February 8, 1994, be, and the same hereby is approved.
PASSED.
AYES- BELL, COLLINS, COPPOLA, CZAJKA, FAHEY, FRANCZYK, HELFER, LOCKWOOD,
LOTEMPIO, PERLA, PITTS, ZUCHLEWSKI- 12.
NOES- ARTHUR- 1.
No. 123
Ord. Amend. Ch. 175 (141) - Fees
(Item # 198 Jan. 25, 1994)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 124
Report of Emergency Bid
1489 Fillmore Avenue
(Item No. 49, C.C.P., Feb. 8, 1994)
That the Commissioner of Inspections and Community Revitalization
be, and he hereby is, authorized to award the contract for Asbestos Removal
Services, to Jack Eisenbach Engineering, P.C., the lowest responsible bidder,
in the amount of $53,340.00. Funds for this work are available in Capital
Project Fund #200-241-002-00000.
PASSED.
AYES- ARTHUR, COLLINS, COPPOLA, CZAJKA, HELFER, LOCKWOOD, LOTEMPIO, PERLA,
PITTS, ZUCHLEWSKI- 10.
NOES- BELL, FAHEY, FRANCZYK- 3.
No. 125
Report of Emergency Demolition Bid
231 Loepere
(Item No. 50, C.C.P., Feb. 8, 1994)
That the award by the Commissioner of Inspections and Community
Revitalization of an emergency demolition contract to Mainline Contracting at a
cost of $6,000.00, relating to 231 Loepere, is hereby confirmed, ratified and
approved, with said cost to be charged against the Special Capital Projects
Fund #200-241-002-00000.
PASSED.
AYES- 13 NOES- 0.
No. 126
Bids Del. Meadow Pathway (CD) (# 59 7/20)
(Item # 128 Feb. 8, 1994)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 127
K.B. Plan. Comm. Quest. On Center Funding
(Item # 84 Dec. 28, 1993)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 128
K/B NHS Favor Ctr. 889 Kensington (#96 12/14)
(Item # 118 Dec. 28, 1993)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 129
Report of Emergency Bid - 135 Krupp
(Item No. 51, Jan. 25, 1994)
That the above item be, and hereby is returned to the Common Council
without recommendation.
Mr. Collins moved:
That the award by the Commissioner of Inspections and Community
Revitalization of an emergency demolition contract to Lebis Enterprises at a
cost of $25,948.00, relating to 135 Krupp, is hereby confirmed, ratified and
approved, with said cost to be charged against Special Assessment Fund
500-000-002-00000, and that said cost shall be collected against the owner or
person in possession of the premises and/or shall be assessed against the
property benefitted, in accordance with Chapter 113, of the Ordinances of the
City of Buffalo.
Mr. Collins now moved to recommit to the Committee on Finance.
ADOPTED.
No. 130
Z. Bernstein ,MD - Forgive Water Bill 175 10th
(Item # 54 Jan. 11, 1994)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 131
Forgive Water Bill 175 10th (CC)
(Item # 44 Jan. 25, 1994)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 132
Forgive Water Bill 175 10th (PW)
(Item # 27 CCP Feb. 8, 1994)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 133
M. Rivera - Water Bill 268 Crescent (#80 11/30)
(Item # 136 CCP Jan. 25 1994)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 134
Protest Water Bill 268 Crescent (PW)
(Item # 137 Jan. 25, 1994)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 135
Imposition of Sports Tax (Bd. Ed.)
(Item # 55 CCP Feb. 8, 1994)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 136
Buffalo Place Events Accounting
(Item # 65 CCP Feb. 8, 1994)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
LEGISLATION
HON. ALFRED T. COPPOLA
CHAIRMAN
No. 137
Mohsin M. Musaid, Petition to use 471 East Ferry
(Item No. 77, C.C.P., Feb. 8, 1994)
That after a public hearing before the Committee on Legislation
on February 15, 1994, the petition of Mohsin M. Musaid, owner, for permission
to erect a metal canopy over existing gasoline pumps be, and hereby is
approved.
PASSED.
AYES- 13 NOES- 0.
No. 138
R. Turqeon- Use 3155 Main-Cafe/Volley Ct. (HRG)
(Item # 78 CCP Feb. 8, 1994)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 139
Encroachment NFTA Bus Shelters
(Item No. 30, CCP., Nov. 30, 1993)
That the Commissioner of Public Works be, and he hereby is, authorized
to issue a "mere license" to Mr. Gordon W. Foster, Manager of Service Planning
for the Niagara Frontier Transportation Authority, to install four shelters
which would encroach city right-of-way at the proposed locations at the East
side of Delaware Avenue opposite Cleveland Avenue, Southeast corner Delaware
and Hertel Avenues, Northwest corner Niagara and Jersey Streets, and Northeast
corner Fillmore Avenue and French Street; subject to following conditions:
1. That the applicant obtain any and all other City of Buffalo permits
necessary for said installation.
2. That applicant be responsible for restoring all affected city right of
way to its original condition in accordance with City specifications.
3. That no shelter obtain electrical power from any traffic signal pole or
traffic signal pullbox.
4. That the shelter be installed exactly as shown on plans submitted to and
approved by the City Engineer.
5. That the applicant indemnifies and holds harmless the City of Buffalo
against any and all loss and damage arising out of the construction,
maintenance, use and removal of said shelters.
PASSED.
AYES- 13 NOES- 0.
No. 140
Easements NFTA Bus Shelters (C.P. Bd.)
(Item # 4 CCP Dec. 28, 1993)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 141
Ordinance Amendment/Ch. 180/Firearms
(Item # 140 CCP Nov 16, 1993)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 142
Request Ordinance/Carrying Firearms (POL)
(Item # 43 CCP Dec 14, 1993)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 143
Waive Inspection Fee/Private Wheelchair Lifts (CC)
(Item # 46 CCP Jan 25, 1993)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 144
Waive Fees/Private Wheelchair Lifts (A&F)
(Item # 60 CCP Jan 25, 1994)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 145
Inspections/Private Wheelchair Lifts (A&F)
(Item # 61 CCP Jan 25, 1994)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 146
Request LL/Economic Development Zones
(Item # 183 CCP Feb 8, 1994)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 147
C. Griffasi - Support Levy v. Relief Clients
(Item No. 151, C.C.P., Feb. 8, 1994)
That this Common Council hereby endorses the State Senate bill
1920, sponsored by Joseph H. Holland, State Senator.
ADOPTED.
No. 148
NYSDEC -Delete Hertel Parcel From Haz. Registry
(Item # 76 CCP Jan. 25, 1994)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 149
Delete Hertel Parcel From Registry (EMC)
(Item # 6 CCP Feb. 8, 1994)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 150
Delete Hertel Parcel From Registry (CC)
(Item # 43 CCP Feb. 8, 1994)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 151
NYSDEC Delete 315 Babcock From Haz. Registry
(Item # 72 CCP Feb. 8, 1994)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 152
Elm Leaf Beetle Management (Pks)
(Item # 31 CCP Feb. 8, 1994)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
ECONOMIC DEVELOPMENT
HON. CARL A. PERLA JR.
CHAIRMAN
No. 153
CDBG Rehab Loan Guarantee Prog. (HRG HELD)
(Item # 198 CCP Sep. 7, 1993)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 154
Emerg. Shelter Grant Program - 1994 (ICR)
(Item # 52 CCP Feb. 8, 1994)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 155
Emerg. Shelter Grant Program - 1994 (ICR)
(Item # 52 CCP Feb. 8, 1994)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 156
Convention Ramp Prepayment Agencies (CC)
(Item # 55 CCP Oct. 19, 1993)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 157
BEDC - Amend Float Loan-Conv. Ctr. Ramp
(Item # 80 CCP Oct. 19, 1993)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 158
Policy clarify- Economic Dev. Zones (CD)
(Item # 46 CCP Feb. 8, 1994)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 159
Info On Developers (ICR)
(Item # 51 CCP Feb. 8, 1994)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 160
C. Griffasi - Reopen Main St. To Vehicles
(Item # 103 CCP Oct. 5, 1993)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 161
Feasibility Study Reopening Main Street to Vehicular Traffic
(Item No. 159, C.C.P., Dec. 28, 1993)
That the Common Council request that the Masiello Administration
to establish a Task Force comprised of representatives from the Niagara
Frontier Transportation Authority, Buffalo Place, Inc., the Downtown Merchants
Association, the Department of Community Development, the Division of Planning,
and members of the Common Council to study the feasibility of reopening Main
Street to vehicular traffic.
ADOPTED.
No. 162
NFTA - Restore Vehicle Traffic to Main
(Item # 89 CCP Nov. 3, 1993)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 163
Reopen Main St. To Vehicle Traffic (PW)
(Item # 38 CCP Nov. 16, 1993)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 164
Reopen Main St. To Vehicle Traffic (PW)
(Item # 23 CCP Jan. 11, 1994)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 165
Reopen Main St. To Vehicle Traffic (A&F)
(Item # 62 CCP Jan. 25, 1994)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 166
Bflo. Pl. - Reopening Main To Vehicles
(Item # 66 CCP Feb. 8, 1994)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 167
Theater Dist. Assn.- Reopen Main To Vehicles
(Item # 75 CCP Feb. 8, 1994)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
COMMITTEE ON EDUCATION
HON. DALE L. ZUCHLEWSKI
CHAIRMAN
No. 168
School Security Issue Parking Tickets (A&F)
(Item # 58 CCP Nov 16, 1993)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 169
Request Board Cooperate With Finance Plan Commission
(Item # 168 CCP Nov 30, 1993)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 170
NYS Comptroller/Audit/Board of Education
(Item # 85 CCP Dec 28, 1993)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 171
Review Of Board Budget (Board Of Education)
(Item # 54 CCP Feb 8, 1994)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
STADIUM/AUD TASK FORCE
HON JAMES W. PITTS
CHAIRMAN
No. 172
Sabres - Financing Crossroad Arena - M.O.U.
(Item No. 68, CCP, Nov. 10, 1993)
That Item No. 5 of the Stadium and Auditorium Task Force Committee
be amended to include the Memorandum of Understanding dated February 22, 1994,
between the City, the County, the Sabres, the Crossroads Arena Corporation, the
NYS Urban Development Corporation and the Buffalo Urban Renewal Agency.
PASSED.
AYES- 13 NOES- 0.
RESOLUTIONS
No. 173
By: Mr. Arthur
Use of "H" building for the Erie County Sheriff's Office Headquarters.
Whereas: The Sheriff of Erie County, in a letter of January 27,
1994 to the County Executive, requesting the possible use of "H" building of
the Erie County Medical Center for the Sheriff's office headquarters; and
Whereas: The Sheriff is alleging that this would increase the safety level
at the Medical Center and would have a positive impact on the surrounding
neighborhoods; and
Whereas: This is only in the planning stage and no contact has been made
with the surrounding community.
Now, therefore, be it resolved:
That this Common Council request the Erie County Executive and the
Sheriff of Erie County to hold public hearing in the affected community prior
to any decision being made to use this building; and
Be it further resolved that:
A certified copy of this resolution be forwarded to the Sheriff of Erie
County, County Executive, the Legislator of the district and the Clerk of the
Legislature.
ADOPTED.
No. 174
By: Mr. Arthur
Use of War Memorial Stadium for Gospelfest '92
Whereas: "Gospelfest '92", is Buffalo's largest annual religious
community experience; and
Whereas: "Gospelfest '92", is requesting the use of War Memorial Stadium for
the seven hour event, to be held on Saturday, July 23, 1994: and
Now, therefore, be it resolved that:
This Honorable Body directs the Corporation Counsel and the Department of
Parks, to take whatever steps necessary for "Gospelfest '92" to secure War
Memorial Stadium for Saturday, July 23, 1994.
PASSED.
AYES- 13 NOES- 0.
No. 175
By: Mr. Arthur
Masten Park Residential Care Facility Closing.
Whereas: It has been announced that the Residential Care Facility
at 485 Best Street would be phased out sometime in the near future; and
Whereas: The impact of the closing on the immediate community will be
devastating; and
Whereas: Many of the employees of the Care Facility will be out of work
because of the fact that they are not on a statewide civil service list; and
whereas: Many are being told that they cannot be transferred, nor do they
have bumping rights at these other facility; and
Whereas: As of this date, these employees have not been counseled as to what
benefits they are entitled to.
Now, therefore, be it resolved that:
This Common Council hold a public hearing to gauge the impact of the said
closing and to hear from State officials, what steps they are taking to place
these employees in other jobs?; and
Be if further resolved that:
The area State representatives be invited to testify at this hearing.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 176
By: Mr. Collins
Transfer of Funds
Common Council - Council members
Common Council - Legislative
That pursuant to section 42 of the Charter and the Certificate
of the Mayor and the Comptroller submitted to the Common Council, the sums of
$1,535, $1,535 and $9,210.60 be and the same is hereby transferred from the
Common Council - Legislative -Salary accounts for Councilmen PerIa, Helfer and
Collins respectively, and said sums are hereby reappropriated as set forth
below:
From:
100 General Fund
01-0 - Common Council - Legislative
010-110 Councilmember PerIa (Salary account) $1,535.00
008-110 Councilmember Helfer (Salary account) $1,535.00
003-110 Councilmember Collins (Salary account) $9,210.60
To:
100 General Fund
01-0 - Common Council
001 - Legislative
112 - Temporary Services Salary Account $12,280.60
REFERRED TO THE COMMITTEE ON FINANCE.
No. 177
By: Mr. Collins
Transfer of Funds
Parking Enforcement -- Parking Violations Bureau (salaries)
Parking Enforcement -- Pkg Meters/Enforcement (salaries) Parking Enforcement --
Towing/Storage Oper. (overtime)
That pursuant to section 42 of the Charter and the Certificate
of the Mayor and the Comptroller submitted to the Common Council, the sum of
$17,000 be and the same is hereby transferred from the Division of Parking
Enforcement -- Parking Violations Bureau - salary account and said sum is
hereby reappropriated as set forth below:
From:
100 General Fund
064 - Division of Parking Enforcement
022 - Parking Violations Bureau
110 - Salaries $17,000
To:
100 General Fund 064 - Division of Parking Enforcement
013 - Parking Meters and Enforcement
110 - Salaries $7,000
031 - Towing and Storage Operations
114 - Overtime $10,000
REFERRED TO THE COMMITTEE ON FINANCE.
No. 178
By: Mr. Collins
Transfer of Funds
Division of Engineering -- Lighting of Streets Division of Engineering --
Repair & Constr of Other Public Imps.
That pursuant to section 42 of the Charter and the Certificate
of the Mayor and the Comptroller submitted to the Common Council, the sum of
$20,000 be and the same is hereby transferred from the Division of Engineering,
Lighting of Streets, Electric, Light and Power account and said sum is hereby
reappropriated as set forth below:
From:
100 General Fund
401 - Division of Engineering
012 - Lighting of Streets
221 - Electric, Light and Power $20,000
To:
100 General Fund
401 - Division of Engineering
015 - Repair & Construction of Other Public Improvements
434 - Small Tools $ 1,000
452 - Gasoline & Lubricants $13,000
463 - Machine & Equip Repair Materials $ 2,000
523 - Repairs to Equipment & Machinery $ 4,000
PASSED.
AYES- 13 NOES- 0.
No. 179
By: Mr. Collins
Transfer of Funds
Department of Police -- Management Services Bureau Department of Police --
Building and Fleet Maintenance
That pursuant to section 42 of the Charter and the Certificate
of the Mayor and the Comptroller submitted to the Common Council, the sum of
$23,000 be and the same is hereby transferred from the Department of Police --
Management Services Bureau - and said sum is hereby reappropriated as set forth
below:
From:
100 General Fund
20 - 4 Department of Police Bureau of Administrative Services
002 - Management Services
520 - Maintenance Contracts - Office Equipment $23,000
To:
100 General Fund
20 - 4 Department of Police - Bureau of Administrative Services
003 - Building and Fleet Maintenance
501 - Automotive - Body Repairs $13,000
503 - Automotive - Transmission Service $10,000
PASSED.
AYES- 13 NOES- 0.
No. 180
By: Mr. Collins
RESOLUTION AUTHORIZING AN INCREASE IN INTEREST RATE FOR LEASE
PURCHASE AGREEMENT FOR ENERGY CONSERVATION EQUIPMENT
Whereas, the Common Council of the City of Buffalo, New York ("City")
has determined that a true and very real need exists for the implementation of
an energy conservation plan, including related equipment (the "Equipment")
described in the proposed Equipment Lease/Purchase Agreement (the "Agreement")
with Koch Financial Corporation presented to this meeting;
Whereas, the City selected CES/Way for implementing a energy conservation
plan (the "Master Agreement") pursuant to Energy Law 9-103 because of CES/Way's
selection by Niagara Mohawk Power Corporation under the Power Partners Program;
Whereas, the City has entered into the Agreement with Koch Financial
Corporation substantially in the form presented at an annual interest rate not
to exceed 5.35% for a term not to exceed six (6) years;
Whereas, the City has found and determined that the terms of the Master
Agreement and the Agreement in the form presented are in the best interests of
the City for the implementation of an energy conservation plan;
Whereas, the Master Agreement and the Agreement has been approved by the
Common Council at Item 187 of its meeting of October 19, 1993 wherein, among
other things, the Comptroller of the City was authorized to execute,
acknowledge and deliver the Agreement with any changes, insertions and
omissions therein as may be approved by the Comptroller, such approval to be
conclusively evidenced by such execution and delivery of the Agreement;
Whereas, at Item 29 of its meeting of November 30, 1993, the Common
Council authorized the inclusion of the Buffalo River Improvement Corporation
("BRIC") into the energy conservation program described above;
Whereas, because of changes financial market conditions, the interest
rate now offered by Koch Financial Corporation relating to the lease/purchase
of equipment in the amount of $611 , 139 in connection with improvements for
BRIC is 5.70% provided that the transaction is closed before February 28, 1994,
and if it is not so closed the interest rate may, but not necessarily will,
increase.
Now therefore, be it
RESOLVED, that the Master Agreement, the Agreement, and any ancillary or
similar agreements relating to the participation of BRIC, are hereby further
approved and ratified , and be it further
RESOLVED, that the Comptroller be, and he hereby is, authorized to enter
lease/purchase financing arrangements with Koch Financial Corporation for the
lease/purchase of equipment in the amount of $611, 139, as contemplated for the
participation of BRIC and otherwise, to be acquired after the date of this
Resolution at the annual interest rate of 5.70% or at such greater or lesser
rate as shall be determined by the Comptroller, provided, however, in no event
shall such rate exceed 6.20%.
PASSED.
AYES- 13 NOES- 0.
No. 181
By: Mr. Collins
Memorialize Congress - HR 2229
End Trade Embargo on Cuba
Whereas: Rep. Charles B. Rangel (D-NY) has introduced H.R. 2229,
a bill that would lift the trade embargo on Cuba; and
Whereas: The bill would remove all restrictions on trade and investments,
travel, telephone and mail communications, including the embargo on trade by
foreign subsidiaries of U.S.-owned firms, and clear the way for the
unrestricted sale and donation of foods and pharmaceuticals; and
Whereas: H.R. 2229 would give the President the authority to reimpose
restrictions, and would urge the President to negotiate with Cuba to ensure the
protection of human rights and settle claims by U.S. companies whose property
was nationalized when Fidel Castro took over in 1959; and
Whereas: With the collapse of the former Soviet Union, Cuba poses no real
threat to the U.S. or its allies in the Western Hemisphere and has ended its
efforts to support subversive activities; and
Whereas: Cuba is now attempting to liberalize its economy and open its
markets to foreign investments, and companies in other countries have taken
advantage of that situation by investing in joint ventures that will benefit
both nations; and
Whereas: Many prominent Cuban dissidents such as Rolando Prats support the
lifting of the embargo, arguing that it would help foster the liberalization of
human rights policies in Cuba; and
Whereas: The U.S. recently lifted its 19-year trade embargo on Vietnam, and
it is now clearly time to end the cold war that we have been waging in our own
hemisphere for the past 34 years;
Now, Therefore Be It Resolved:
That this Honorable Body memorialize the United States Congress to
approve H.R. 2229, "To lift the trade embargo on Cuba, and for other
"purposes;" and
Be It Further Resolved:
That the City Clerk certify the passage of this resolution and forward
copies to the Clerk of the U.S. Senate, the Clerk of the U.S. House of
Representatives, Congressman Charles B. Rangel, the Western New York delegation
to the House, and the United States senators representing New York State.
ADOPTED.
AYES- ARTHUR, BELL, COLLINS, COPPOLA, CZAJKA, FRANCZYK, HELFER, LOCKWOOD,
LOTEMPIO, PERLA, PITTS, ZUCHLEWSKI- 12.
NOES- FAHEY- 1.
No. 182
By: Mr. Collins
Memorialize the State of New York to Amend the Social Services
Law in relation to Levy of Home Relief Payments
Whereas: There has been introduced in the New York State Legislature
Senate Bill # 1920, "An act to amend the Social Services Law in relation to
levy of home relief payments"; and
Whereas: The purpose of Bill # 1920 is to provide landlords who rent to
recipients of Social Services home relief benefits the recourse to collecting
monies owed attributed to failure to meet obligations such as delinquent rents,
property damages and utility bills; and
Whereas: The current Social Services Law exempts all monies or orders
granted to public assistance recipients from levy or execution and also exempts
earnings of recipients from assignment, income execution and installment
payment orders; and
Whereas: Amending the Social Services law would provide landlords and
utility companies recourse to collect obligations and make home relief
recipients responsible for their actions; and
Now, Therefore Be It Resolved That:
This Common Council memorializes the State of New York Legislature to
enact into law Senate Bill # 1920 "An act to amend the Social Services Law in
relation to levy of home relief payments"; and
Be It Further Resolved That:
The City Clerk forward certified copies of this resolution to the
Secretary of the Senate, Clerk of the Assembly and Members of the Western New
York Delegation to the New York State Legislature.
ADOPTED.
AYES- ARTHUR, BELL, COLLINS, COPPOLA, CZAJKA, FRANCZYK, HELFER, LOCKWOOD,
LOTEMPIO, PERLA, PITTS, ZUCHLEWSKI- 12.
NOES- FAHEY- 1.
No. 183
By. Mr. Collins
Appointment of Legislative Assistant
Be it Resolved that Deborah Boles residing at 35 Castle Place,
Buffalo, New York 14214, is hereby appointed as Legislative Assistant to
Councilmember, effective February 14, 1994.
ADOPTED.
No. 184
By: Mr. Collins
Explore Program To Train Vocational School Students
Whereas: In October, 1993, this Common Council Received and Filed
a resolution (# 194, CCP July 20, 1993) asking that the Board of Education
include language in its bid specs that call for a set aside for the training of
Buffalo Public School children; and
Whereas: The Board of Education did not file a written response with this
Council expressing its opinion on the resolution, instead providing information
verbally to the Council's Special Committee on Education. Based on this verbal
response, the proposal for the set aside was deemed impractical; and
Whereas: While the establishment of a specific set aside in contracts may
not be the precise method to establish a training program for vocational school
students, the concept of the establishment of some sort of on the job skills
enhancement program is an idea worth exploring; and
Whereas: Additional information is needed to make an informed decision;
Now, therefore, be it resolved:
That this Common Council request that the Board of Education respond to
the following questions:
Why is a contractual set aside an impractical approach to establishing a
training program?
Can an internship program be established with private contractors and
vocational school students?
Is there an established skills enhancement program in existence? If so,
please describe; and
Be it further resolved:
That the Board of Education respond to this resolution in time for the
next stated meeting of this Council.
ADOPTED.
No. 185
By: Mr. Coppola
Uniform Control of Firearms
Whereas: A recent incident in the Parkside neighborhood, where
two teenagers neither of whom were residents, hijacked a vehicle after
threatening the owner with an AK47, once again brings to light the need for
uniform firearms control in this country; and
Whereas: With the increased concern over the rising crime rates, and the use
of firearms and assault rifles used in these crimes; and
Whereas: Because the fact that neighboring states of New York do not have
strict firearm laws allowing for the transport of firearms into this state
compounds the black market, which allows those unable to attain a firearm
legally to acquire weapons; and
Whereas: The AK47 used in the hijacking incident was purchased in
Pennsylvania and illegally brought into New York; and
Whereas: Although the Brady Bill addresses handguns, there is still a
pressing need for uniform firearm control pertaining to such military assault
weapons such as the AK47 across the country; and
Whereas: It would be of great service if our federal representatives
advocated legislation calling for uniform firearm control for the entire
country.
Now Therefore be it resolved that
The City Clerk forward certified copies of this resolution to the Western
New York Congressional and Senate representatives and the President of the
United States, requesting them to promote uniform firearms control for the
entire country.
ADOPTED.
No. 186
By: Mr. Coppola
Request State Audit and Investigation of BSA
Whereas: The Buffalo Sewer Authority was created by New York State
Law in 1935; and because it is an authority, is not accountable to city
government; and
Whereas: Recent disclosures exposed a great disparity between last year's
surplus of $9.5 million and this year's surplus of $33,000; and
Whereas: The most recent water bill dated February l, 1994, outraged many
city residents, who noted that the sewer tax is now greater than the cost of
water usage; and
Whereas: While the Buffalo Sewer Authority may not be accountable to city
government, it is certainly accountable to state government, the creating body.
Now therefore be it resolved that
This Common Council recognizes that the cost of business has increased
over the past few years; however, because of the great disparity between last
year's surplus and this year's, and the dramatic increase in the sewer tax,
respectfully requests that State Comptroller H. Carl McCall authorize a full
audit and the State Attorney General G. Oliver Koppell authorize a full
investigation of the Buffalo Sewer Authority; and
Be it further resolved that
The City Clerk forward certified copies of this resolution to State
Comptroller H. Carl McCall and the State Attorney General G. Oliver Koppell,
and to the five members of the New York State Assembly who represent the City
of Buffalo.
ADOPTED.
No. 187
By: Mr. Coppola
Ordinance Amendment Chapter 78-28
The Common Council of the City of Buffalo does hereby ordain as
follows:
That Section 78-28 of Chapter 78 of the Code of the City of Buffalo be
amended to read as follows:
78-28 Penalties for offenses.
Penalties for as follows:
Offense
Class A Unlicensed Dog
Initial Additional Maximum
Fine Penalty Penalty Total
[$10.50] $11.00 [$10.50] $11.00 [$31.50] $32.00 [$52.50] $53.00
Dog off premises without tag
[$10.50] $11.00 [$10.50] $11.00 [$31.50] $32.00 [$52.50] $53.00
Knowingly affixing improper tag or furnishing false info on:
License application
[$10.50] $11.00 [$10.50] $11.00 [$31.50] $32.00 [$52.50] $53.00
Change and transfer report
[$10.50] $11.00 [$10.50] $11.00 [$31.50] $32.00 [$52.50] $53.00
Noncompliance with dangerous dog order
[$10.50] $11.00 [$10.50] $11.00 [$10.50] $11.00 [$52.50] $53.00
Night quarantine (optional)
[$10.50] $11.00 [$10.50] $11.00 [$10.50] $11.00 [$52.50] $53.00
Dogs running at large
[$10.50] $11.00 [$10.50] $11.00 [$31.50] $32.00 [$52.50] $53.00
Present dog upon lawful request
[$10.50] $11.00 [$10.50] $11.00 [$31.50] $32.00 [$52.50] $53.00
Restrain dog on premises
[$10.50] $11.00 [$10.50] $11.00 [$31.50] $32.00 [$52.50] $53.00
Class B
Failure to file notice of:
Transfer of dog
[$5.25] $6.00 [$5.25] $6.00 [$42.00] $43.00 [$52.50] $53.00
Loss or theft of dog
[$5.25] $6.00 [$5.25] $6.00 [$42.00] $43.00 [$52.50] $53.00
Death of dog
[$5.25] $6.00 [$5.25] $6.00 [$42.00] $43.00 [$52.50] $53.00
Address change
[$5.25] $6.00 [$5.25] $6.00 [$42.00] $43.00 [$52.50] $53.00
Class C
Creating nuisance of long-continued or frequent noise of dog
[$15.75] $16.00 [$15.75] $16.00 [$36.75] $37.00 [$68.25] $69.00
Caused nuisance by improper keeping of dog
(unwholesome condition)
[$15.75] $16.00 [$15.75] $16.00 [$36.75] $37.00 [$68.25] $69.00
Dog in park or on parkway
[$15.75] $16.00 [$15.75] $16.00 [$36.75] $37.00 [$68.25] $69.00
APPROVED AS TO FORM
Edward D. Peace
Corporation Counsel
NOTE: Matter in brackets [ ] to be deleted; matter underlined is new.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 188
By. Mr. Fahey
Appointment To The Arts & Cultural
Funding Advisory Committee
NOW, THEREFORE BE IT RESOLVED:
That pursuant to section 6-30 of Article V of Chapter VI of the
Ordinances of the City of Buffalo, the Common Council does hereby appoint the
following individual to the Arts and Cultural Funding Advisory Committee of the
Buffalo Arts Commission, due to a vacancy created by the resignation of Craig
Speers:
Emanuel Fried
1064 Amherst Street
Buffalo, NY 14216
ADOPTED.
No. 189
By: Mr. Fahey
Lead Task Force Members
Whereas: At the February 15, 1994 meeting of the Joint City-County
Lead Action Task Force a resolution was passed requesting the Council to
replace three members who have bowed out of Task Force participation with three
individuals who have shown a great deal of interest in the Task Force and its
work;
Now therefore be it resolved, that:
This Common Council revokes the Lead Action Task Force membership of the
following individuals who have bowed out of participation on the Task Force:
Marion Hyman, Diane M. Ciurczak, Andres Garcia and Mr. Garcia's alternate Jose
Pizarro; and
Be it further resolved that:
This Common Council appoints the following individuals to the joint
City/County Lead Action Task Force:
Julie Gilbert Vivian Turner
NYPIRG St. Augustine's Center
1300 Elmwood Ave. 1600 Fillmore Avenue
Buffalo, NY 14222 Buffalo, NY 14211
Susana Gonzalez
Buffalo Prenatal & Perinatal Task Force
625 Delaware Ave.
Buffalo, NY 14202
Iris Tardi is appointed as a voting alternate for Ms. Gonzalez when she
is unable to attend meetings.
ADOPTED.
No. 190
By: Mr. Franczyk
Discovery of Deadly Cyanide
at Several Sites on Deshler Street
Whereas: An east side youth, while collecting money for his paper
route on Saturday morning, February 12, 1994, around 11:00 am spotted a one
ounce container of deadly cyanide on Deshler Street: and,
Whereas: When 911 responded to the call they discovered several additional
one ounce containers of cyanide: and,
Whereas: Following a complaint call to the Broadway Police Station earlier
that morning, it was discovered that several other like containers were found
on Deshler Street with the total number of bottles be around eight: and,
Whereas: Cyanide is used for electroplating and would have no obvious street
use: and,
Whereas: Cyanide is a very deadly and dangerous substance and is hazardous
if ingested, if it should come in contact with a persons eyes, or if it was
mixed with an acid to form a gas: and
Whereas: Appropriate precautions be undertaken on behalf of the families and
children in the surrounding neighborhood who are at risk of harm and
contamination, until it is concluded what is the source of this deadly
substance: and,
Whereas: The manufacturer of the labeled bottles of cyanide are produced by
Technic Inc. of Cranston, RI;
Now therefore be it resolved:
That this common council request that the New York State Department of
Environmental Conservation and Francine GaIIego an engineer of said department
complete this investigation as soon as possible. That they contact Technic Inc.
to find out what is the probable source of the cyanide and assure that the
involved parties are dealt with in an appropriate manner in regards to the
seriousness of the incident. Also, that the investigation confirm that there is
no additional danger to the neighborhood and that all of the containers are
accounted for. As well, they are to keep in contact with the common council and
members of the community and update them of all aspects of the investigation.
ADOPTED.
No. 191
By: Mr. Franczyk
Support the Continuation of the DARE Program
Whereas: The City of Buffalo, through grants, has run a drug prevention
program specifically designed for youth named the Drug Abuse Resistance Through
Education Program, which if funded by the Edward Byrne Memorial Grant and
administered by the Department of Justice; and
Whereas: The local DARE program places police officers in fifth-grade
classrooms at thirty-two different schools to educate at least two thousand,
eight hundred youngsters about the evils of drugs; and
Whereas: The DARE program has been an effective tool in preventing drug
abuse among school age children locally, and will be funded for eighteen more
months with a $150,000 budget; and
WHEREAS: Presently, the DARE program is in danger of being eliminated
because the proposed 1995 Federal Budget contemplates adding 100,000 community
police officers by cutting funding to a successful drug abuse prevention
program; and
Whereas: The trade-off of a drug prevention program for the potential of an
increase in enforcement is a questionable tactic; and
Whereas: Removing an anti-drug program would be detrimental considering that
drug abuse is the prime factor in the escalation of violent crime in this
country; and
Whereas: Only proven drug abuse programs such as the DARE program will aid
in reducing crime; and
Now Therefore Be It Resolved That:
This Common Council supports the continuation of the Drug Abuse
Resistance through Education Program; and
Be It Further Resolved That:
That the Buffalo Common Council requests the Western New York
Congressional and Senatorial Delegation to address our concerns to President
Clinton and United States Attorney General Janet Reno; and
Be It Finally Resolved That:
The City Clerk be directed to send certified copies of this resolution to
the United States President William J. Clinton, the United States Attorney
General Janet Reno, Senators Daniel P. Moynihan and Alfonse D'Amato, and the
United States Congressmen L. William Paxon, John J. LaFalce, and Jack Quinn.
ADOPTED.
No. 192
By: Mrs. Lockwood and Messrs. Fahey and Helfer
Additional Greenway Task Force Appointments
Whereas: This Council recently appointed a Greenway Task Force
(Item 180, C.C.P. February 8, 1994) empowered to undertake the following tasks:
To intervene in the planning, environmental review and approval process
of waterfront projects within the City of Buffalo to assure that the Greenway
Trail is well integrated with each project;
To develop design standards for the Greenway Trail and to coordinate the
efforts of the organizations working to design and build various stretches of
the Trail;
To educate officials and the public concerning the Greenway Trail;
To aid in securing finding for the design and building of the Greenway
Trail;
and;
Whereas: Individuals with valuable talents and perspectives have been
proposed for membership by Councilmembers since the original appointments to
the Task Force;
Now therefore be it resolved, that:
This Common Council hereby appoints the following individuals to the
Greenway Task Force:
David P. Comerford Tammy Barnes
114 Whitehall Street 25 Weaver Street
Buffalo, NY 14220 Buffalo, NY 14206
Terry Wherry
77 Linwood Avenue
Buffalo, NY 14209
ADOPTED.
No. 193
By: Mrs. Lotempio
Salary Ordinance Amendment
01-0 Common Council
001 - Legislative
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 01-0 Common Council under the subheading "001 Legislative"
which reads:
1 Chief of Staff,
Common Council $42,425
is hereby amended to read:
1 Chief of Staff,
Common Council $40,500
It is hereby certified, pursuant to Section 34 of the Charter, that the
immediate passage of the foregoing ordinance is necessary.
We, George K. Arthur, President of the Common Council and James B.
Milroy, Director of the Budget, hereby certify that the decrease in salary of
the position of Chief of Staff, Common Council 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.
APPROVED AS TO FORM
Edward D. Peace
Corporation Counsel
PASSED.
AYES- 13 NOES- 0.
No. 194
By: Mrs. Lotempio
ORDINANCE AMENDMENT
CHAPTER 75 - AMUSEMENTS
The Common Council of the City Buffalo does hereby ordain as follows:
That Section 75-18(A) of Chapter 75 of the Code of the City of Buffalo be
amended by deleting A(2) in its entirety and renumbering A(3) to read A(2) as
follows:
Chapter 75-18. Coin-controlled amusement devices.
[(2) A machine, apparatus, paraphernalia or device of the type, design, class
or construction commonly known as "pinball or bagatelle machine" upon which a
game or contest is played upon the insert ion of a piece of money or coin or
other object for which a fee, charge or other consideration is imposed directly
or indirectly.]
[(3)] (2) A machine, apparatus, paraphernalia or device that is adapted or may
be converted into one that is adapted for use in such a way that, as the result
of the insertion of a piece of money or coin or other object, such machine or
device is caused to operate or may be operated and, by reason of an element of
chance or other outcome of such operation, unpredictable by him the user may
receive or become entitled to receive a piece of money, credit, allowance or
thing of value or any check, slug, token or memorandum, whether of value or
otherwise, which may be exchanged for any money, credit, allowance or thing of
value or which may be given in trade or the user may secure additional chances
or rights to use such machine, apparatus or device, irrespective of whether it
may, apart from the element of chance or unpredictable outcome of such
operation, also sell, deliver or present some merchandise, indication of weight
or other thing of value.
APPROVED AS TO FORM
Edward D. Peace
Corporation Counsel
NOTE: Matter in brackets [ ] to be deleted; matter underlined is new.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 195
By: Mrs. LoTempio
Salary Ordinance Amendment
06 - Department of Administration & Finance
3-001 - Labor Relations
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 06-3-001 Department of Administration and Finance,
Division of Labor Relations which reads:
1 Director of Labor Relations $1
is hereby amended to read:
1 Director of Labor Relations $50,131
We, Eva M. Hassett, Commissioner of Administration and Finance and James
B. Milroy, Director of the Budget, hereby certify that the foregoing change 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.
APPROVED AS TO FORM
Edward D. Peace
Corporation Counsel
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
No. 196
By: Mrs. LoTempio
Salary Ordinance Amendment
08-0 Department of Law
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 08-0 Department of Law is hereby amended by adding
thereto:
11 Assistant Corporation Counsel II $43,176 - $53,811
2 Assistant Corporation Counsel I/
Municipal Attorney $35,357 - $41,976
is hereby amended to read:
12 Assistant Corporation Counsel II $43,176 - $53,811
3 Assistant Corporation Counsel/I
Municipal Attorney $35,357 - $41,976
We, Edward D. Peace, Corporation Counsel and James B. Milroy, Director of
the Budget, hereby certify that the foregoing creation of one (1) Assistant
Corporation Counsel ll and one (1) Assistant Corporation Counsel I/Municipal
Attorney positions 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 respective amount set forth in
the foregoing ordinance.
That personnel requisitions incident to the addition of the above
positions, containing a statement of the duties of said positions, have 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 D. Peace
Corporation Counsel
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
No. 197
By: Mrs. LoTempio
Salary Ordinance Amendment
410-Department of Parking
021 - Parking Administration
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 410 - 021 Department of Parking - Parking Administration,
is hereby amended by adding thereto as follows:
1 Typist (Seasonal) $5.20 per hour
We, Thomas Gallagher, Director of Parking and James B. Milroy, Director
of the Budget hereby certify that the creation of one (1) Typist (Seasonal) 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 amount set forth in the foregoing ordinance.
That a personnel requisition incident to the creation 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 D. Peace
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
No. 198
By Mr. Perla
SET PUBLIC HEARING:
Connecticut Street New Housing Project Approval of Land Disposition Agreement
Gal/Van Developers, Inc.
WHEREAS, Gal/Van Developers, Inc. and/or other legal entity to
be formed (herein referred to as the "Redeveloper") has been duly designated as
qualified and eligible Redeveloper in accordance with the rules and procedures
prescribed by the City of Buffalo Urban Renewal Agency (herein referred to as
the "Agency"); and
WHEREAS, The Agency and the Redeveloper have negotiated a Land
Disposition Agreement for the construction of Twenty-two (22) residential
townhouses known as the Connecticut Street New Housing Project in the
Connecticut Street Revitalization Area; and
WHEREAS, said Land Disposition Agreement has been forwarded by the Agency
to this Common Council for action, pursuant to Section 507, subdivision 2 (d)
of the General Municipal Law; and
WHEREAS, Article 15A of the "General Municipal Law" requires that the
disposition of land in an Urban Renewal Project may be approved only after a
public hearing on due notice.
NOW, THEREFORE, BE IT RESOLVED:
1. That the City Clerk is hereby directed to publish the notice attached
hereto and marked "Notice of Hearing" in the Buffalo News, no later than the
25th day of February 1994.
2. That this Common Council will conduct a Public Hearing on the matters
stated in said "Notice of Hearing" at 2:00 o'clock p.m. in the Council Chambers
on the 8th day of March 1994.
ADOPTED.
No. 199
By: Messrs. Perla and Coppola
Authorize Application for Emergency Shelter Grant
Whereas: The City of Buffalo has annually received funds from the
United States Department of Housing and Urban Development through the Emergency
Shelter Grant Program; and
Whereas: In order to apply for the 1994 Emergency Shelter Grant, the Common
Council must authorize the Mayor to make formal application for these funds;
Now, Therefore, Be It Resolved:
That the Mayor be and hereby is authorized to formally apply for United
States Department of Housing and Urban Development Emergency Shelter Grant
Funds for 1994 and to execute any necessary documents in conjunction with this
program.
ADOPTED.
No. 200
By: Mr. Pitts
Issue RFP For New Cable Operator
Whereas: The Buffalo Common council has authorized its Special
CATV committee to prepare a Request For Proposals seeking new cable television
operators for the city of Buffalo; and
Whereas: The attached RFP has been prepared in accordance with all relevant
federal and state laws and regulations;
Now, therefore be it resolved:
That the Special CATV committee be authorized to issue the attached
Request For Proposals for cable television operators; and
Be it further resolved:
That the Special CATV committee be designated to oversee the process and
to prepare and submit a written recommendation and report; and
Be it finally resolved:
That the city Clerk be directed to publicly advertise notice of the RFP
as required by Part 594.4 of Subtitle R, Rules and Regulations of the New York
State commission on Cable Television.
REFERRED TO THE COMMITTEE ON CATV AND THE CORPORATION COUNSEL.
No. 201
By: Mr. Pitts
Spice Channel
Whereas: On November 18, 1993 the Common Council's Special CATV
Committee held a public hearing on "Spice," the adult pay-per-view service
added by TCI of New York; and
Whereas: The residents who filled Council Chambers overwhelmingly expressed
their opposition to the service, and urged TCI to discontinue its carriage of
"Spice;" and
Whereas: TCI was exhorted to not contribute to the moral, ethical and
spiritual decline of the community by programming such objectionable material
on the cable TV system that
Whereas: Although relatively few subscribers actually pay to receive this
sexually explicit programming, all homes wired with cable receive the scrambled
picture and the unadulterated audio; and
Whereas: TCI should be a good corporate neighbor and provide cable
programming that is uplifting and enlightening, rather than services like
"Spice" that serve no positive purpose and actually contribute to moral decay;
Now, therefore be it resolved:
That this Common Council request that TCI of New York voluntarily consent
to discontinue offering the "Spice" Channel; and
Be it further resolved:
That, should TCI decline to stop providing "Spice," it agree to
completely block out all "Spice" video and audio signals from all homes that do
not specifically order that service.
ADOPTED.
No. 202
By: Mr. Pitts
Protest New Charges by TCI
Whereas: Last October Congress enacted S. 12, the "Cable Television
Consumer Protection and Competition Act of 1992;" and
Whereas: The Cable Act of 1992 was intended to provide consumers with
much-needed relief from high cable TV rates; and
Whereas: Even before it became law, it was apparent that cable operators
intended to do whatever possible to replace any revenue lost due to rate
regulation; and
Whereas: In August 1993 TCI national official Barry Marshall urged system
managers to attempt to recover revenue lost due to cable regulation through
higher transaction charges, adding that "the best news of all is, we can blame
it on reregulation and the government now;" and
Whereas: Consumers are certainly not receiving the kind of rate reductions
that were promised when the Cable Act of 1992 was enacted; and
Whereas: Cable subscribers in Buffalo are now paying $23.22 for expanded
basic, the most common level of service, which had cost $22.00 prior to federal
rate regulation; and
Whereas: Although cable operators have had to reduce some installation and
service charges, they have instituted new charges for services that were
previously provided for free or at a nominal charge; and
Whereas: By commencing new charges for various transactions such as
downgrading service, TCI appears to be evading the intent of the Cable Act of
1992;
Now, therefore be it resolved:
That this Common Council formally protest the transaction charges
instituted by TCI of New York after September 1, 1993; and
Be it further resolved:
That the Federal Communications Commission and the New York State
Commission on Cable Television be requested to examine whether TCI of New York
has violated any current law or regulation by instituting new charges for
services previously provided for free or at a nominal charge; and
Be it finally resolved:
That the City Clerk forward certified copies of this resolution to the
chairman of the Federal Communications Commission, the chairman of the New York
State Commission on Cable Television, and the New York State Attorney General.
ADOPTED.
No. 203
By: Mr. Pitts
Direct Council Fire Study Steering Committee To Provide Technical
Assistance To Commissioner of Fire
Whereas: The Administration of the City of Buffalo has identified
a projected budget gap of $31.3 million for the 1994-95 fiscal year; and
Whereas: The City of Buffalo has been advised by Standard and Poor's that it
must make structural changes in its budget and methods of operation to close
this gap or face a downgrading of its bond rating to below investment grade;
and
Whereas: Mayor Masiello has developed a plan for closing half of this gap
that calls, in part, for savings of approximately $4.0 million in the Fire
Department with said savings to result from fire house reorganization; and
Whereas: A technical sub-committee has been established from the Fire
Department Study Steering Committee with representatives from the
administration, union and Council staff; and
Whereas: The technical sub-committee is working diligently with the
professional input needed and an unusual level of cooperation from all parties
using a state-of-the-art computer program to produce the best and most accurate
reorganization of the Buffalo Fire Department station locations; and
Whereas: This Common Council recognizes the seriousness of the fiscal
problem facing our City while, at the save time, having a genuine concern for
the safety and well-being of our citizens.
NOW, THEREFORE BE IT RESOLVED THAT:
This Common Council directs its Fire Department Study Steering Committee
to provide technical assistance to the Commissioner of Fire as he plans for
fire house reorganization so that the Citizens of Buffalo receive the fire
protection they have come to expect at the lowest possible cost; and
BE IT FURTHER RESOLVED THAT:
This Common Council requests that the Technical Subcommittee of the
Council Fire Department Administrative Cost and Manpower Utilization Study to
submit its final report to the Common Council by March 31, 1994.
ADOPTED.
No. 204
By: Mr. Pitts
Crossroads Arena Memorandum of Understanding
Whereas: For the past three years the City of Buffalo (the "City")
has undertaken a cooperative effort with the Buffalo Sabres, the State of New
York (the "State") and the County of Erie (the "County") to plan a new downtown
sports arena; and
Whereas: These efforts have resulted in a Memorandum of Understanding (the
"MOU") proposed to be entered into by and among the City, the County, the New
York State Urban Development Corporation (the "UDC"), the Buffalo Sabres, the
Crossroads Arena Corporation, the Erie County Industrial Development Agency and
the Buffalo Urban Renewal Agency; and
Whereas: This MOU includes among other things, a 30-year commitment by the
Sabres to remain in the City, a $10 million financial contribution by the City,
a $25 million financial contribution by the UDC, a $20 million financial
contribution by the County and $65 million in bank financing, all for the
purpose of constructing a state-of-the-art sports complex; and
Whereas: Notwithstanding the benefits provided by the Sabres' commitment,
the City is currently facing a $31.3 million projected budget deficit and
threat of a downgrade by bond rating agencies; and
Whereas: The City's general fund exposure associated with the existing
Memorial Auditorium, the new Crossroads Arena and the operating deficit of the
Buffalo Convention Center is approximately $1.6 million per year; and
Whereas: The Council's Stadium and Auditorium Task Force has devoted
substantial time and attention to develop an MOU which achieves a fair and
equitable public-private partnership for this project; and
Whereas: The proposed MOU leaves it to the good faith of all the parties
involved to resolve certain issues in the immediate future so as to permit the
construction of the Arena to begin as soon as practicable; and
Whereas: Despite all efforts of the City to resolve them, several issues in
the MOU have yet to be finalized or require more definitive resolution,
notably, the transmissions fee, the resolution of the City-County bed tax
litigation, Affirmative Action/Equal Opportunity requirements, and the final
form of the exhibits which have been appended to the MOU; and
Whereas: Efforts to resolve the bed tax lawsuit are continuing by the Mayor,
Comptroller and Common Council;
Whereas: The Mayor has requested the Common Council to approve the MOU
subject to these continuing discussions, efforts and negotiations;
Now, Therefore Be It Resolved:
That no City funds should be disbursed to CAC or the Sabres or funds
encumbered for their activities or binding commitment made to acquire real
property for the project until the MOU is executed by the County of Erie and
UDC and the draft CAC-Sabres Lease is conformed to the approved MOU; and
Be It Further Resolved:
That the Mayor be and hereby is authorized to execute an MOU subject to
such modifications as the Corporation Counsel may deem necessary and
appropriate to approve such document; and
Be It Further Resolved:
That the Corporation Counsel provide to the Common Council periodic
information on the status of the continuing negotiation of the unresolved or
open items; and
Be It Finally Resolved:
That the Corporation Counsel file with the City Clerk a copy of the fully
executed MOU.
PASSED.
AYES- 13 NOES- 0.
No. 205
By: Messrs. Pitts and Bell
Refinance Arcade Cinema Building Loan
Whereas: The Buffalo Enterprise Development Corporation has informed
the Council that the owners of the Arcade Cinema Building have been unable to
privately refinance the HUD 108 first mortgage on the building which comes due
in August of this year; and
Whereas: The Commissioner of Community Development, appearing before the
Committee on Economic Development on February 16th, expressed concern about the
loan but also maintained that options are still open for applying for a new
longer term HUD 108 loan; and
Whereas: Homer Platt, representing HUD, stated at the meeting that
refinancing has always been an option but that the City should take steps now
to begin the process for refinancing the HUD 108 loan; and
Whereas: It is absolutely essential that the Common Council authorize the
application for refinancing the Arcade Cinema Building mortgage to trigger
negotiations by the Department of Community Development, HUD, and the Arcade
Cinema Group to resolve this matter well before the August deadline; and
Whereas: The Council also must have a better understanding of the Arcade
Cinema Group's relationship with the General Cinema Corporation and terms of
their lease agreement, specifically those tied to attendance figures, i.e. the
"Walk Clause," and how refinancing would impact on the lease. In addition,
strategies for increasing attendance should be proposed;
Now, Therefore, Be It Resolved:
That the Common Council authorize the Commissioner of Community
Development to work with the President of the Arcade Cinema Group to begin the
process for application for a new longer term HUD 108 loan for the Arcade
Cinema building; and
Be It Further Resolved:
That the Commissioner of Community Development and the President of the
Arcade Cinema Group keep this Honorable Body apprised of the status of
negotiations by providing comparisons of a proposed refinancing agreement and
the original financing arrangement; and
Be It Finally Resolved:
That the Arcade Cinema Group furnish a copy of its lease agreement with
the General Cinema Corporation, a report of meetings with General Cinema on the
operation of the theatre complex, and a summary of plans for increasing the
viability of the theatre complex and the Arcade Cinema Building.
PASSED.
AYES- 13 NOES- 0.
No. 206
By: Messrs. Pitts and Collins
SET PUBLIC HEARING:
Ellicott-Masten New Housing Project Approval of Land Disposition Agreement M.
J. Peterson/Forbes Housing, Co.
WHEREAS, M. J. Peterson/Forbes Housing, Co. and/or other legal
entity to be formed (herein referred to as the "Redeveloper") has been duly
designated as qualified and eligible Redeveloper in accordance with the rules
and procedures prescribed by the City of Buffalo Urban Renewal Agency (herein
referred to as the "Agency"); and
WHEREAS, The Agency and the Redeveloper have negotiated a Land
Disposition Agreement for the disposition of a forty (40) new residential
housing project known as Ellicott-Masten New Housing Project in the Community
Wide Urban Renewal Demonstration Program Area; and
WHEREAS, said Land Disposition Agreement has been forwarded by the Agency
to this Common Council for action, pursuant to Section 507, subdivision 2 (d)
of the General Municipal Law; and
WHEREAS, Article 15A of the "General Municipal Law" requires that the
disposition of land in an Urban Renewal Project may be approved only after a
public hearing on due notice.
NOW, THEREFORE, BE IT RESOLVED:
1. That the City Clerk is hereby directed to publish the notice attached
hereto and marked "Notice of Hearing" in the Buffalo News, no later than the
25th day of February 1994.
2. That this Common Council will conduct a Public Hearing on the matters
stated in said "Notice of Hearing" at 2:00 o'clock p.m. in the Council Chambers
on the 8th day of March 1994.
ADOPTED.
No. 207
By: Mr. Pitts
Memorialize New York State
Maintain Commission on Cable Television
Whereas: The 37-member New York Telecommunications Exchange was
appointed by Governor Mario Cuomo to make recommendations regarding greater
access, services and competition in telecommunications; and
Whereas: One of the recommendations made by the Exchange was that the Public
Service Commission's jurisdiction be expanded to include existing state-level
regulation of cable television; and
Whereas: Under this proposal the PSC would assume the regulatory functions
of the Commission on Cable Television, and the Commission staff would be
transferred to the PSC; and
Whereas: However, cable television and telephone services remain distinct
industries, and are subject to entirely different regulatory frameworks; and
Whereas: While the Cable Commission has done an exemplary job in regulating
cable TV on the state level, it is uncertain how effective and vigilant the PSC
would be in dealing with cable-related issues;
Now, therefore be it resolved:
That this Common Council memorialize New York State to maintain the New
York State Commission on Cable Television in its present structure with its
current regulatory functions; and
Be it further resolved:
That the City Clerk be directed to certify the passage of this resolution
and forward copies to Governor Cuomo, the Secretary of the Senate, the Clerk of
the Assembly, and the Western New York delegation to the New York State
Legislature.
ADOPTED.
No. 208
By: Mr. Zuchlewski
Audit Division of Youth Purchases
Whereas: With the City of Buffalo anticipating a budget deficit
of approximately $32 Million, it is the obligation of all city officials to
investigate every pathway possible to try to decrease spending, and
Whereas: In the course of setting up Lighted Schoolhouse Programs for
different Councilmanic Districts it has come to our attention that equipment
bought for each program is not reused every year, instead everything is
replaced and the old equipment given away, and
whereas: By storing equipment that is still in good shape for use the
following year, the City of Buffalo may economize on the cost of running the
Lighted Schoolhouse Program, and
Now, Therefore, Be it Resolved:
That the Common Council requests that the Comptroller's office run an
audit of the Department of Human Resources, to see where the department might
economize in it's purchases for the Division of Youth and other areas under
it's jurisdiction, and be it further
Resolved:
That the Common Council requests, from the Comptroller's office a written
response on the outcome of this audit and any recommendations they might have
as soon as possible.
ADOPTED.
No. 209
By: Mr. Zuchlewski
Prepare ordinance Amendment - Raise cap on Performance Bonds for
purchase of goods and services
Whereas: On October 19, 1993, this Common Council adopted Resolution
#206, "Eliminate Performance Bond Requirements For Purchasing". This
resolution called for the Department of General Services and the Corporation
Counsel to report on the feasibility of eliminating mandatory performance bonds
for the purchase of goods and services, exclusive of construction projects; and
Whereas: The General Services response (#70, Nov. 3, 1993; # 112 Nov. 16,
1993) stated that performance bonds are unnecessary for the vast majority of
purchase contracts for goods and services, and that the elimination of the bond
requirement would ultimately result in cost savings to the city; and
Whereas: The Corporation Counsel response (#53, Nov. 3, 1993; # 111 Nov. 16,
1993) stated that, "As a general rule, the awarding body has the right to waive
security when it is beneficial to do so", and that as a result of local
ordinance, the Common Council and Commissioner of General Services have the
discretion to waive performance bond requirements for purchases which do not
exceed $25,000; and
Whereas: Any additional alteration in the performance bond requirements
requires an ordinance amendment;
Now, therefore, be it resolved:
That this Common Council direct the Corporation Counsel to prepare an
ordinance amendment raising the cap on performance bond requirements from the
existing $25,000 level to $100,000.
REFERRED TO THE COMMITTEE ON FINANCE, THE COMMISSIONER OF GENERAL SERVICES AND
THE CORPORATION COUNSEL.
No. 210
By Mr. Zuchlewski
Felicitations/In Memoriam
Attached hereto are Felicitation and In Memoriam Resolutions sponsored
by Members of the Common Council as indicated:
Felicitation for Fifth Grade Classes at School #68
By Councilmember Helfer
Felicitation for Fifth Grade Classes at Campus North
By Councilmember Helfer
ADOPTED.
No. 211
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 sane with
the City Clerk:
Barbara Pelczynski
Richard D. Meadows, Jr.
Total: 2
ADOPTED.
No. 212
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:
Nicole L. Notato
Tammy M. Barnes
R. Gil Kerlikowske
Total: 3
ADOPTED.
UNFINISHED BUSINESS
No. 213
L.L. Intro. # 11, Economic Dev. Zones
(Item No. 187, C.C.P., Feb. 8, 1994)
Mr. Pitts moved that the above item be taken from the table.
Seconded by ,Mr. Fahey
CARRIED.
Mr. Pitts now moved that the above item be approved.
Seconded by Mrs. Lotempio
PASSED.
AYES- 13 NOES- 0.
No. 214
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, Mar 1, 1994 9:30 AM
Finance Tuesday, Mar 1, 1994
Immediately Following Civil Service
Legislation Tuesday, Mar 1, 1994 2:00 PM
Economic Dev. Wednesday, Mar 2, 1994, 10:00 AM
No. 215
Adjournment
On a motion by Mr. Pitts, Seconded by Mr. Helfer the Council adjourned
at 2:45 P.M.
CHARLES L. MICHAUX, III
CITY CLERK
Board of Police and Fire
Pension Proceedings
Mayor's Office-201 City Hall
February 24, 1994-11:00 a.m.
Present: George K. Arthur, Council President; Anthony M. Masiello,
Mayor-2
Absent: Joel A. Giambra, Comptroller-1
The Journal of the last Meeting was approved.
No. 1
I transmit herewith the Pension Payroll for the Fire Pension Fund
for the month of February 1994 amounting to $31,007.13, and respectfully
request that checks be drawn to the order of the persons named herein for the
amounts stated.
Adopted.
Ayes-2. Noes-0.
No. 2
The following annuitants have been cancel led from the Fire Pension
Payroll:
Florence M. Flattery Died 1/4/94
Fred A. Deahna Died 1/28/94
Received and Filed.
No. 3
Mr. Arthur made a motion to approve the pension application of
Mrs. Caroline E. Deahna, effective January 29, 1994, because of the death of
her husband, Fred A. Deahna, who passed away on January 28, 1994.
Adopted.
Ayes-2. Noes-0.
No. 4
I transmit herewith the Pension Payroll for the Police Pension
Fund for the month of February 1994 amounting to $32,944.53, and respectfully
request that checks be drawn to the order of the persons named herein for the
amounts stated.
Adopted.
Ayes-2. Noes-0.
No. 5
The following annuitants have been cancel led from the Police
Pension Payroll:
Florence C. Shanahan Died 1/8/94
Edwin E. L. Stein Died 1/18/94
Received and Filed.
No. 6
Mr. Arthur made a motion to take off the Treasury Statement of
Disbursements from the table. Carol Nowak will meet with Marilyn Smith,
Treasurer, to update her on this matter and report back at the next Pension
Board meeting.
Ayes-2. Noes-0.
No. 7
On motion by Mr. Masiello, the City of Buffalo Police and Fire
Pension Board Meeting adjourned at 11:15 a.m.