HomeMy WebLinkAbout94-0308
1No. 5
Common Council
Proceedings
of the
City of Buffalo
Regular Meeting, March 8, 1994
Special Session, March 10, 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, March 8, 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- 13.
ABSENT- None.
On a motion by Mr. Pitts, seconded by Mr. Bell, the minutes of the stated
meeting held on February 22, 1994 were approved.
FROM THE MAYOR
No. 1
Appointment of Special Assistant to the Mayor
I, Anthony M. Masiello, appoint to the position of Special Assistant
to the Mayor, Mr. Cesar A. Cabrera, 1586 Amherst St., Apt. 1, Buffalo, New York
14214.
Mr. Cabrera's position is effective immediately at a salary of $25,000.
His experience as Coordinator of Hispanic Outreach Programs, Case Manager
for Clarkson Center for Human Services, and his community outreach experience
qualify him for this position.
RECEIVED AND FILED.
No. 2
Appointment of Special Assistant to the Mayor
I, Anthony M. Masiello, appoint to the position of Special Assistant
to the Mayor, Mr. Matthew L. Brown, 23 Herman St., Buffalo, N.Y. 14212.
Mr. Brown's appointment is effective March 7th, 1994 at a salary of
$40,000.
His experience as President & Chief Executive Officer of My Brother's
Keeper Child and Family Services, his work ethic and vast experience in
community relations qualify him for this position.
RECEIVED AND FILED.
No. 3
Appointment of Executive Director Arts Commission
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 by the provisions of Chapter 6,
Article 5, Section 6-34 of the code of the City of Buffalo, I hereby certify
that I have appointed David F. Granville, 9 Cottage St., Buffalo, New York, as
Executive Director of the Buffalo Arts Commission at a salary of $35,663
annually effective February 25, 1994.
The appointment has been recommended by the members of the Buffalo Arts
Commission and I hereby certify that Mr. Granville is well qualified to
discharge the duties of the Executive Director of the Buffalo Arts Commission.
RECEIVED AND FILED.
No. 4
Appointment of Member of Buffalo Preservation Board
Pursuant to the powers vested in me by Article II, Section 337-3,
Part II of the Code of the City of Buffalo, I hereby appoint, subject to
confirmation by Your Honorable Body, Dr. Nuala McGann Drescher, residing at 34
Anderson Place, Buffalo, NY 14222, as a member of the Buffalo Preservation
Board for a term expiring August 31, 1996. Dr. Nuala McGann Drescher will
succeed John Bis whose term has expired.
Dr. Nuala McGann Drescher served for six years as the statewide President
of the 17,000 member union, United University Professions. She has also served
both as a national delegate to the American Federation of Teaching as well as
NYSUT. Nuala Drescher was also nominated by Governor Cuomo to serve on the New
York State Labor Board. Currently, she serves both as Chairperson of Buffalo
State College's Faculty Senate and the Department of History and Social Studies
education. Dr. Drescher was a founding board member and helped to facilitate
the initial funding for Everywomen's Opportunity Center in Western New York.
Her national, state and local accomplishments are too numerous to mention.
I hereby certify that Dr. Nuala McGann Drescher is fully qualified for
appointment to the Buffalo Preservation Board.
REFERRED TO THE COMMITTEE ON LEGISLATION.
FROM THE MAYOR - EXECUTIVE DEPARTMENT
FROM THE CITY PLANNING BOARD
No. 5
H-H Acquisition Corp. - Request To Rezone 9-13 Toledo And 1412-1418 Kenmore
Ave. From R2 to C2
Item No. 81, C.C.P., February 8, 1994
The City Planning Board at its regular meeting held Tuesday, March
1, 1994, considered the above matter and voted to deny the rezoning captioned
above. The reasons for this decision are that the applicant has withdrawn the
petition to rezone and representatives of the surrounding neighborhood
expressed opposition to it.
RECEIVED AND FILED.
No. 6
Aviva Convenient Store - Request To Erect A Pole Sign At 330 Mineral Springs
Item No. 101, C.C.P., February 22, 1994
The City Planning Board at its regular meeting held Tuesday, March
1, 1994, considered the above request pursuant to Section 387-19 of the Buffalo
Code, Review of Pole Signs.
The applicant seeks to erect an accessory pole sign with a sign face area
of 119 square feet (7 feet by 17 feet) and an overall height of 27 feet.
The site is located in an M1 district which permits such signage. Under
S.E.Q.R., the proposed sign is considered a Type II action which does not
require further environmental review.
While expressing concern over the sign's proposed height, the Planning
Board voted to approve the sign as presented, since there was no practical way
for the applicant to reduce the sign's height.
RECEIVED AND FILED.
No. 7
Alaska Premium Seafood - Request To Establish A Sit-in Restaurant at 423-425
Elmwood Ave.
Item No. 102, C.C.P., February 22, 1994
The City Planning Board at its regular meeting held Tuesday, March
1, 1994, considered the above request pursuant to Sections 413-56, 413-59 and
511-56 of the Buffalo Code, Review of Right-of-Way Encroachments, Sidewalk
Cafes and the provisions of the Elmwood Business zone.
The applicant seeks to convert an existing retail store with a gross
floor area of 850 square feet into a sit-in restaurant. The proposed restaurant
will also have an outdoor eating area in the rear yard of the subject property
which would have a floor area of 812 square feet. Furthermore, two sidewalk
cafes are requested (one on each side of the central entrance). Each would be
placed entirely on the right-of-way and would measure 8 feet by 8 feet or 64
square feet for a total of 128 square feet. The applicant is also seeking
permission to encroach the right-of-way with a folding canvas awning. Lastly,
the applicant also seeks to place an accessory sign on the building face.
The site is located in the EB zone which considers eating and drinking
places to be restricted uses which require the approval of your Honorable Body.
Under S.E.Q.R., the proposed restaurant is considered an unlisted action which
may be studied through uncoordinated review.
The Planning Board voted to approve the proposed restaurant with the
following conditions:
1. that the outdoor eating area in the rear yard shall not be
opened past 10:00 p.m. daily
2. that there should be no music played therein
3. that there should be no trash receptacles therein
4. that the proposed accessory sign comply with the sign
provisions of the C1 zone, and
5. that the proposed awning be allowed.
The Planning Board further resolved to table the proposed sidewalk cafe's
until the Department of Public Works could review them and until the Planning
Board could review their appearance.
REFERRED TO THE COMMITTEE ON LEGISLATION.
FROM THE COMPTROLLER
No. 8
Certificate Of Necessity
Transfer Of Funds
Parking Enforcement - Parking Violations Bureau
Parking Enforcement - Capital Outlay
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 $18,000 be transferred and reappropriated from Parking
Enforcement - Parking Violations Bureau, as set forth below:
The amount to be transferred are unexpended balances of items contained
in the budget for the current fiscal year and will not be needed at this time
for the purpose for which they were appropriated.
Dated: Buffalo, NY, February 28, 1994
RECEIVED AND FILED.
No. 9
Certificate Of Necessity
Transfer Of Funds
Fringe Benefits
Trust and Agency
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 $22,045 be transferred and reappropriated from the Fringe
Benefits - Social Security account in Appropriation Allotments - as set forth
below:
The amount to be transferred represents an unexpended balance of items
contained in the budget for the current fiscal year and will not be needed at
this time for the purpose for which they were appropriated.
Dated: Buffalo, NY, February 25, 1994
RECEIVED AND FILED.
No. 10
Certificate Of Necessity
Transfer of Funds
Exempt Items - Water
Distribution Systems - Water
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 $44,437 be transferred and reappropriated from the Capital
Projects Account Reserve in Appropriation Allotments - Exempt Items, as set
forth below:
The amount to be transferred represents an unexpended balance of items
contained in the budget for the current fiscal year and will not be needed at
this time for the purpose for which they were appropriated.
Dated: Buffalo, NY, February 16, 1994
REFERRED TO THE COMMITTEE ON FINANCE.
No. 11
Certificate of Award -
City Comptroller
I, JOEL A. GIAMBRA, Comptroller of the City of Buffalo,
in the County of Erie, New York (the "City"), HEREBY CERTIFY AND REPORT AS
FOLLOWS:
1. On February 8, 1994, at 11:00 A.M. (Prevailing Time), bids were
received at the offices of Hawkins, Delafield & Wood, 67 Wall Street, 12th
Floor, New York, New York.
2. At that time and place, four (4) sealed bids were received for the
purchase of $13,987,000 General Improvement Serial Bonds-1994-A and three (3)
sealed bids were received for the purchase of $5,250,000 School Serial
Bonds-1994-B of the City (the "Bonds") pursuant to the Notice of Sale of said
bonds heretofore duly published in conformity with the requirements of the
-Certificate of Determination executed by the Comptroller as of January 27,
1994, and said bids were thereupon opened and publicly read.
3. The sealed bids for each issue, so opened and publicly read were each
in legally acceptable form and were each accompanied by the checks required by
said Notice of Sale and constituted signed proposals to purchase all of the
Bonds of each issue.
4. Forthwith upon receiving, opening, reading and considering said sealed
bids, it was determined and publicly announced that:
Chemical Securities, Inc., New York, New York, was the Successful bidder
to whom the General Improvement Serial Bonds 1994-A were then awarded, at the
purchase price of $13,993,124.08, plus accrued interest, if any, from the date
of such Bonds to the date of payment of the purchase price, said bid of said
Successful bidder being the best bid received under the terms of the Notice of
Sale there for and providing the lowest true interest cost over the life of the
Bonds, computed as follows:
Gross Interest $5,593,477.50
Less Premium Bid Over Par 6,124.08
True Interest Cost 4.830432%
5. As designated by the aforementioned successful bidders for the General
Improvement Serial Bonds 1994-A, said Bonds shall bear interest from their date
in each year until maturity at the respective rates per annum stated in the
following table:
Bonds maturing in the years 1995 to 2006, inclusive, at 4.75%
Bonds maturing in the year 2007 at 4.85%
Bonds maturing in the years 2008 and 2009 at 4.90%
Bonds maturing in the years 2010 and 2011 at 5.00%
Bonds maturing in the years 2012 to 2014, inclusive, at 5.10%
First Albany Corporation, Albany, New York, was the Successful bidder to
whom the School Serial Bonds-1994-B were then awarded, at the purchase price of
$5,250,000.00, plus accrued interest, if any, from the date of such Bonds to
the date of payment of the purchase price, said bid of said Successful bidder
being the best bid received under the terms of the Notice of Sale there for and
providing the lowest true interest cost over the life of the Bonds, computed as
follows:
Gross Interest $2,996,942.50
Less Premium Bid Over Par $ -0-
True Interest Cost 5.067343%
6. As designated by the aforementioned successful bidders for the School
Serial Bonds-1994-B, said Bonds shall bear interest from their date in each
year until maturity at the respective rates per annum stated in the following
table:
Bonds maturing in the years 1995 to 1999, inclusive, at 5.00%
Bonds maturing in the years 2000 to 2009, inclusive, at 5.05%
Bonds maturing in the years 2010 to 2014, inclusive, at 5.10% such rates of
interest being the rates necessary for the City to sell said Bonds.
7. The good faith checks received with the sealed bids of the other
bidders were thereupon returned to said other bidders.
8. Said Bonds will be delivered to the successful bidders hereinabove
referred to upon receipt of payment in accordance with the provisions of the
Notice of Sale.
IN WITNESS WHEREOF, I have hereunto set my hand as of the 8th day of
February, 1994.
RECEIVED AND FILED.
No. 12
Appointment of Member to Arts & Cultural Funding Advisory Committee
Pursuant to the power vested in me by the provisions of Article
V, Section 6-30 of the Ordinances of the City of Buffalo, I hereby certify that
I have appointed Gary L. Mucci, 27 Tudor Place, Buffalo, New York as a member
of the Arts & Cultural Funding Advisory Committee for a three (3) year term.
He replaces John J. Fiorella whose term has expired.
Mr. Mucci has been a member of the Arts & Cultural Funding Advisory
Committee in good standing and I certify that he is well qualified for this
position.
RECEIVED AND FILED.
No. 13
Authorized But Unissued Debt and Bond Closeouts
Due to changes in the Internal Revenue Code enacted in September
of 1986, the City adopted new policies for authorizing and selling bonds to
fund the Adopted Capital Improvements Budget ("C.I.B."). The City no longer
sells bonds to fund projects unless the project is ready to proceed.
After a careful review of both authorized but unissued debt and bond
monies remaining in existing accounts, we present the following information for
your Honorable Body. The first part of our review discusses authorized but
unissued debt. This is when a bond resolution has been approved but the bonds
have not been sold.
Recently, the rating agencies have expressed concerns that the City has
millions of authorized but unissued debt. This authorized but unissued debt
has accumulated over a number of years.
Total Authorized but Unissued Debt 3/1/94 $20,953,734
Remaining debt to be authorized for 1993-94 C.I.B. 7,511,000
Projected Authorized but Unissued debt 6/30/94 $28,464,734
There are some bond resolutions that should be rescinded, thereby
reducing our authorized but unissued debt. The following list is for projects
that are already done and the debt should be rescinded:
$ 520,000 - Renovation to Aud - this was additional
money that was not needed to do Aud
renovation.
$ 2,500,000 - Final Design - Pilot Field - this was for
planning money to expand Pilot Field.
$ 150,000 - Pilot Field Expansion - this was amount of
bonds we did not sell as part of a $24,350,000
resolution.
$ 33,085 - Pension Prepayments - this was amount of
bonds we did not sell as part of a $23,153,085
resolution.
.649 - Pension Prepayments - this was amount of
bonds we did not sell as part of a $19,069,649
resolution.
$ 3,203,734
If the above mentioned bond resolutions are rescinded, the projected
authorized but unissued debt at 6/30/94 would be $25,261,000. This amount
could be reduced even further because there are other bond resolutions that
were authorized years ago for projects that are no longer on the drawing board.
Some of these bond resolutions should also be rescinded. The following is a
list of all bond resolutions that were approved to do projects that are
currently unissued.
Authorized UnIssued Debt
City School Aud Pilot Field
Date Of Amount Amount Amount Amount Object Or Purpose
Auth. Unissued Unissued Unissued Unissued For Which
Authorized
7/24/84 95,000 Improvements at Majorka Village
7/27/86 3,966,000 Const Of Theatre Dist Pkg Ramp
5/24/88 25,000 Reconstruction Of Cao Building
5/24/88 155,000 Revitalization Of Sattlers Site
5/24/88 40,000 Improv To Hertel Ave Fishing Area
5/24/88 75,000 Plans To Convert School #41 To
Residential Area
5/24/88 75,000 Plans To Convert City Owned
Vacant Buildings
2/7/89 45,000 Improvements To Johnson Park
6/13/89 900,000 Const Of Lasalle Park Ice Rink
6/13/89 475,000 Expansion Augsburger Pkg Ramp
6/13/89 170,000 Conversion Of School #62
6/13/89 475,000 Reconst Of Allendale Theatre
3/13/90 380,000 Reconst Boilers Various Schools
6/5/90 190,000 Const Of Lasalle Park Ice Rink
6/5/90 475,000 Expansion Pratt-Willert Comm Ctr
5/22/90 520,000 Renovation Of Memorial Aud
6/5/90 115,000 Improv Casino Area At Caz Park
6/5/90 50,000 Improvements To Roosevelt Park
6/5/90 600,000 Plans For New School
6/5/90 475,000 Acquisition Of Land For
Environmental Education Center
7/31/90 2,500,000 Final Design- Pilot Field
10/30/90 150,000 Pilot Field
Expansion
12/26/90 35,000 Reconstruction Of Burnell Street
6/11/91 15,000 Improv Futures Acad Playground
6/11/91 210,000 Improvements To Buffalo River &
South Dist Parks
6/11/91 235,000 Reconst Of Fruit Belt Comm Ctr
6/11/91 30,000 Reconst Of Crucial Building
3/17/92 750,000 Austin Park Infrastructure
6/23/92 50,000 Acq Land Seneca Babcock Park
6/23/92 100,000 Improvements Of Seneca
Babcock Comm Ctr & Park
6/23/92 150,000 Improv To Lovejoy Dist. Parks
6/23/92 300,000 Improv Masten Dist. Playgrounds
6/23/92 120,000 Improvements To Ellicott Dist.
6/23/92 54,000 Development Of Tow Path Park
9/15/92 250,000 Rehab Exterior Of City Hall Bldg
9/15/92 250,000 Const Of Chemical Storage Bldg
1/5/93 100,000 Window Replacement - School #3
1/5/93 120,000 Improvements To School # 71
115/93 500,000 Handicapped Access Improv.
1/5/93 440,000 New School Plans Riverside Acad
5/11/93 33,085 Pension Prepayments
5/11/93 649 Pension Prepayments
6/22/93 3,000,000 Reconstruction At Truscon Bldg
9/21/93 400,000 Const Of Bailey-Kensington C.C.
9/21/93 650,000 Reconst Of Various Schools
9/21/93 305,000 Replace Boiler - School #19
9/21/93 500,000 Improvement To Various Schools
11/16/93 100,000 Rehab 1170 Broadway - Info Ctr
12/14/93 225,000 Kingsley Pk Environ Remediation
12/14/93 80,000 Improvements To Dawson Park
Grand Total
13,713,085 4,070,649 520,000 2,650,000
The second project on the list - Construction of Theatre District Parking
Ramp for $3,966,000 was part of the 1986-87 Capital Improvements Budget. At
that time, the Parking Board transferred $209,000 from its Reserve for Capital
Improvements to the General Fund to satisfy the 5% down payment requirement.
The $209,000 can be returned to the Parking Board Reserve for Capital
Improvements if the bond authorization is rescinded.
Upon favorable action by your Honorable Body, my office will submit the
resolutions to rescind the five listed projects and any other ones that the
Council adds to the list.
The second part of our review discusses bond closeouts. This is when the
bond is sold and money remains in the bond account. Once the bonds are marketed
and proceeds are deposited into the Capital Projects Fund to do the various
projects described in the bond resolution, we anticipate that all of the
projects will proceed in a timely matter. Proceeds of bonds not expended for
the object or purpose for which the bonds were sold must be applied to the
payment of principal and interest on such bonds. (Local Finance Law - Section
165). The following accounts on the attached report:
1) have a balance too small to proceed with project,
2) have no further commitments,
3) will not be used since project is complete,
4) have had no activity for a number of years, or
5) have never been used.
If these accounts are closed, $920,472.86 can be used as a resource to
pay 1994-95 City debt, $203,205.93 can be used as a resource to pay 1994-95
Auditorium debt, $12,593.83 can be used as a resource to pay 1994-95 Water debt
and the $.26 can be used to pay Pilot Field debt. Also $1,403,052.53 can be
used as a resource to pay future debt service.
Upon favorable action by your Honorable Body, my office will close the
bond accounts and apply the remaining resources as set forth above. Since
further discussion is warranted, I would recommend that this resolution be
referred to the finance committee.
Bond Accounts that Could be Closed
and Bond Proceeds Used to Pay
Principal & Interest on Outstanding Debt
City Projects
BREAKDOWN ATTACHED TO COMMUNICATION
REFERRED TO THE COMMITTEE ON FINANCE.
No. 14
Comments On Requested
Audit Division for Youth
No. 208, C.C.P., February 22,1994
The above referenced resolution requests an audit of Human Resources
to see where the Department might economize with respect to purchases for the
Division for Youth. First of all, the Audit Division will certainly comply with
the request when resources of time and personnel permit and, although this
office shares many of the same concerns as Councilmember Zuchlewski, it is my
opinion that a review of management procedures is required for the Department
of Human Resources and the Division for Youth.
I suggest that, until such time an audit can be completed, a meeting
should take place to include the Commissioner of Human Resources, the Director
of the Lighted Schoolhouse Program, Councilmember Zuchlewski and myself to
review and establish purchase, management and inventory procedures for the
Division for Youth.
REFERRED TO THE COMMITTEE ON FINANCE AND THE COMMISSIONER OF HUMAN RESOURCES.
No. 15
Permission to Negotiate
1238 East Ferry
Lot Size:(90'x106', 180'x 113')
Assessed Valuation: $22,300
The Office of the Comptroller, Division of Real Estate, has received
a request from Bison Laboratories, Inc., 80 Leslie Street, Buffalo, New York,
to purchase the above captioned property. Bison Labs is centralizing its
business operations and employees at their Leslie Street location. The vacant
property will be used for employee and truck parking.
The Department of Community Development and the Department of Inspections
& Community Revitalization were contacted and they have no objection to this
sale. The Tax and Demolition Lien Offices were also contacted and there are no
outstanding taxes and/or demolition liens owing to the City of Buffalo.
This office, therefore, is requesting that we be permitted to negotiate a
private sale with Bison Laboratories Inc. for the above mentioned property and
will report back to Your Honorable Body with the results of negotiations.
Mr. Pitts moved:
That the communication from the Comptroller dated March 1, 1994, be
received and filed; and
That the Comptroller be, and he hereby is, authorized to negotiate with
Bison Laboratories, Inc., 80 Leslie Street, for the private sale of 1238 East
Ferry and report to this Honorable Body the results of such negotiations.
ADOPTED.
No. 16
Permission to Negotiate
239 Masten
Lot Size: 35' x 135'
Assessed Valuation: $2000
The Office of the Comptroller, Division of Real Estate, has received
a request from William C. and Jane Ervin, 243 Masten Avenue, Buffalo, New York,
to purchase the above captioned property.
Mr. and Mrs. Erwin would like to purchase this property, which is
adjacent to their home for additional yard space.
The Department of Community Development and the Department of Inspections
& Community Revitalization were contacted and they have no objection to this
sale. The Tax and Demolition Lien Offices were also contacted and there are no
outstanding taxes and/or demolition liens owing to the City of Buffalo.
This office, therefore, is requesting that we be permitted to negotiate a
private sale for the above mentioned property and report back to Your Honorable
Body the results of negotiations.
Mr. Pitts moved:
That the communication from the Comptroller dated March l, 1994, be
received and filed; and
That the Comptroller be, and he hereby is, authorized to negotiate with
William C. and Jane Ervin, 243 Masten Avenue, for the private sale of 239
Masten and report to this Honorable Body the results of such negotiations.
ADOPTED.
No. 17
Permission to Negotiate
130 Peabody (30' x 107')
Assessed Valuation: $2,500
The Office of the Comptroller, Division of Real Estate, has received
a request from Ms. Diane C. Lemanski, 126 Peabody to purchase the above
property. She intends to fence in the parcel for extra yard space.
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
Diane C. Lemanski 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 22, 1994, be
received and filed; and
That the Comptroller be, and he hereby is, authorized to negotiate with
Ms. Diane C. Lemanski, 126 Peabody, for the private sale of 130 Peabody and
report to this Honorable Body the results of such negotiations.
ADOPTED.
No. 18
Permission to Negotiate
241 Riley
Lot Size: 35' x 172'
Assessed Valuation: $2,200
The Office of the Comptroller, Division of Real Estate, has received
a request from Brenda J. Stitt, 3215 Avenue H, Apt. 10A, Brooklyn, New York
11210, to purchase the above captioned property.
Ms Brenda J. Stitt would like to purchase this property, which is
adjacent to property she owns at 245 Riley for extra yard space for her
tenants.
The Department of Community Development and the Department of Inspections
& Community Revitalization were contacted and they have no objection to this
sale. The Tax and Demolition Lien Offices were also contacted and there are no
outstanding taxes and/or demolition liens owing to the City of Buffalo.
This office, therefore, is requesting that we be permitted to negotiate a
private sale for the above mentioned property and report back to Your Honorable
Body the results of negotiations.
Mr. Pitts moved:
That the communication from the Comptroller dated March 1, 1994, be
received and filed; and
That the Comptroller be, and he hereby is, authorized to negotiate with
Brenda J. Stitt, 3215 Avenue H, Apt. 10A, Brooklyn, New York 11210, for the
private sale of 241 Riley and report to this Honorable Body the results of such
negotiations.
ADOPTED.
No. 19
Permission to Negotiate 405 Spring, 407 Spring, 409 Spring 25'x 100', 22'x
100', 30'x 100'
12 Holister, 25'x 100'
The Office of the Comptroller, Division of Real Estate, has received
a request from Drescher Paper Box, Inc., Mr. J.B. Langworthy, 459 Broadway,
Buffalo, New York, to purchase the above captioned properties to expand their
business.
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.
This office is requesting permission to negotiate a private sale with
Drescher Paper Box, Inc. for sale of the above mentioned properties and will
report the results of our negotiation back to Your Honorable Body for final
approval.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 20
Results of Private Sale
30 Cottage - Lot Size 30'x 118'
Land Assess: $ 5,300
Total Assess: 21,700
The Comptroller's Office and the Department of Inspections and
Community Revitalization have been negotiating with Mr. Michael V. Williams,
Special Project Coordinator, WGRZ-TV to acquire title to the above captioned
property through the Urban Homestead Program. Using private funds, donated
materials and labor, WGRZ-TV intends to rehabilitate the interior, restore the
exterior and after completion give the property to a deserving local family.
This we hope will be the first of many projects involving private companies in
a joint effort with the City of Buffalo to acquire abandoned properties
obtained by the City of Buffalo through tax foreclosure.
The property at 30 Cottage Street was acquired by the City in 1992
through an in-rem tax foreclosure. The property consists of a 1 1/2 story
single family structure, situated on a lot 30'x 118' and is in the Allen Town
Preservation District. The property has been the source of numerous complaints
from adjoining property owners. Despite our best efforts to negotiate a sale
with several interested purchasers, the cost of rehabilitation and repair of
the home were not feasible for ownership of the property. The property had been
on the City's list for demolition until these most recent negotiations with
WGRZ-TV to save the structure.
The transfer of the property has been negotiated on the following terms
and conditions:
1. Application has been made to the Housing and Preservation Board. The
Board has approved the renovation and restoration plans for the property.
2. The City of Buffalo has agreed to remove a rear section (shed) which will
serve no useful purpose to the main structure. The lowest bid received to
remove the rear section is from Energy Savers of WNY, in the amount of $6,860.
This will save the City the total cost of demolishing the whole structure.
3. After removal of the rear section, the City will transfer title to
WGRZ-TV, through the Urban Homestead Program, for One Dollar ($1.00).
4. Using private funds, donated labor and materials from local companies,
WGRZ-TV will hire a general contractor to oversee the rehabilitation and
restoration of the home.
5. After restoration and rehabilitation the Company will transfer title to
the restored home to a local family.
Therefore, I am recommending that Your Honorable Body approve the
transfer of title to WGRZ-TV upon the above terms and conditions. I am further
recommending that the Corporation Counsel be authorized to prepare an agreement
upon the above terms and conditions and that the Mayor be authorized to execute
the transfer of title.
Mr. Pitts moved:
That the communication from the Comptroller, dated March 2, 1994, be
received and filed; and
That the transfer of 30 Collage through the Urban Homestead Program to
Mr. Michael V. Williams, Special Project Coordinator, WGRZ-TV, be and hereby is
accepted; and
That the Corporation Counsel shall prepare an agreement upon the terms
and conditions listed in the above communication, for the transfer of title and
that the Mayor be authorized to execute the transfer of title.
PASSED.
AYES- 13 NOES- 0.
No. 21
Results of Negotiations 531 Adams, 186.14' N Sherman Vacant Lot: 25'x 98'
Assessed Valuation: $1,100
Item No. 22, C.C.P. 9/7/93
In the above referenced Item Your Honorable Body authorized the
Office of the Comptroller, Division of Real Estate, to negotiate a private sale
with the Mr. Nathaniel Ball, 537 Adams, Buffalo, New York to purchase the
vacant lot at 531 Adams.. Mr. Ball intends to acquire this property which is
adjacent to his home and use for yard space.
An independent appraisal of the property was conducted by Mr. David A.
Burnett, Arrow Appraisal Service, 3790 Broadway, Cheektowaga, New York 14227.
He has estimated the fair market value of the property to be Five Hundred
Dollars ($500). This represents approximately twenty cents ($.20) a square foot
for the subject property. The Division of Real Estate has investigated the
sales of similar properties in the area. Similar properties have sold for
between Twenty-two Cents ($.22) a square foot to Fifty-two Cents ($.52) a
square foot.
The results of negotiations are that Mr. Nathaniel Ball has agreed and is
prepared to pay Seven Hundred Dollars ($700) for the subject property. This
represents approximately Thirty Cents ($.30) a square foot. He has also agreed
to pay for the cost of the appraisal, transfer tax, recording fees and cost of
the legal description.
I am recommending that Your Honorable Body approve the sale of 531 Adams
Street to Mr. Nathaniel Ball, in the amount of Seven Hundred Dollars ($700). 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 March 3, 1994, be
received and filed; and
That the offer of Mr. Nathaniel Bail, 537 Adams, in the sum of $700.00
(Seven Hundred Dollars) to purchase the property described as 531 Adams, 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- 13 NOES- 0.
No. 22
Results of Negotiations
164 Best, 47' E Michigan
Vacant Lot: 30'x 134'
Assessed Valuation: $1,700
Item No. 229, C.C.P. 7/20/93
In the above referenced Item Your Honorable Body authorized the
Office of the Comptroller, Division of Real Estate, to negotiate a private sale
with the Mr. Ray Williams, 166 Best Street, Buffalo, New York to purchase the
above captioned property.. Mr. Williams intends to purchase this property to
provide a larger yard area and greater security for his home.
An independent appraisal of the property was conducted by Mr. James H.
White, Appraiser, 537 Humboldt Parkway, Buffalo, New York 14208. Mr. White has
estimated the fair market value of the property to be Four Hundred Dollars
($400). This represents approximately twenty-four cents ($.24) a square foot
for the subject property. The Division of Real Estate has investigated the
sales of similar properties in the area. Sale prices range from Twenty-four
Dollars ($24.00) a front foot to Thirty-two Dollars ($32.00) a front foot.
Mr. Williams has agreed and is prepared to pay Seven Hundred Dollars
($700) for the subject property. This represents approximately Twenty-four
Dollars ($24.00) a front foot. He has also agreed to pay for the cost of the
appraisal, transfer tax, recording fees and cost of the legal description.
I am recommending that Your Honorable Body approve the sale of 164 Best
Street to Mr. Ray Williams , in the amount of Seven Hundred Dollars ($700). 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 March 3, 1994, be
received and filed; and
That the offer of Mr. Ray Williams, 166 Best Street, in the sum of
$700.00 (Seven Hundred Dollars) to purchase the property described as 164 Best,
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- 13 NOES- 0.
No. 23
Results of Negotiations
863 East Ferry, E Cor Kehr
Improved Property: 26' x 104'
Assessed Valuation - Land: $2,100
Total Assessed Valuation: $23,900
Item No. 119, C.C.P. 2/8/94
The Office of the Comptroller, Division of Real, has received
a request from Mr. Charles Williford, 21 Lark Street, Buffalo, New York 14211,
to purchase the above captioned property. Mr. Williford intends to acquire
this property, correct code violations and refurbish the upper apartment as a
home for himself and his daughter.
The property was acquired by the City of Buffalo through tax foreclosure
in October of 1993. The property is in fair condition and requires a number of
improvements to bring the property within code compliance. Mr. Williford has
provided the Division of Real Estate with evidence of his financial ability to
complete the purchase and make the necessary repairs.
An independent appraisal of the property was conducted by Mr. James H.
White, Realty, 537 Humboldt Parkway, Buffalo, New York 14208. Mr. White has
estimated the fair market value of the property to be Thirty-nine Hundred
Dollars ($3,900). The Division of Real Estate concurs with the appraisers
estimate of value.
The results of our negotiations are that Mr. Williford has agreed and is
prepared to pay Thirty-nine Hundred Dollars ($3,900) for the subject property.
He has also agreed to pay for the cost of the appraisal, transfer tax,
recording fees and cost of the legal description.
Therefore, I am recommending that Your Honorable Body approve the sale
863 East Ferry to Mr. Charles Williford , in the amount of Thirty-nine Hundred
Dollars ($3,900). 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 March 3, 1994, be
received and filed; and
That the offer of Mr. Charles Williford, 21 Lark Street, in the sum of
$3,900.00 (Three Thousand and Nine Hundred Dollars) to purchase the property
described as 863 East Ferry, 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- 13 NOES- 0.
No. 24
Results of Negotiations 287 Madison,
120' N Peckham Vacant Lot: 30' x 109'
Assessed Valuation: $900
Item No. 11, C.C.P. 11/16/93
In the above referenced Item Your Honorable Body authorized the
Office of the Comptroller, Division of Real Estate, to negotiate a private sale
with the Ms. Ruby T. Davis, 289 Madison, Buffalo, New York 14212, to purchase
the above captioned property. Ms. Davis intends to purchase this property
which is adjacent to her home to widen her driveway, build a garage and extend
her yard area.
An independent appraisal of the property was conducted by Mr. James
White, 537 Humboldt Parkway, Buffalo New York 14208. He has estimated the fair
market value of the property to be Seven Hundred Dollars ($700). The Division
of Real Estate concurs with the appraiser's estimate of value
The results of negotiations are that Ms. Ruby T. Davis has agreed and is
prepared to pay Seven Hundred Dollars ($700) 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 approve the sale of 287
Madison Street to Ms. Ruby T. Davis, in the amount of Seven Hundred Dollars
($700). 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 March 3, 1994, be
received and filed; and
That the offer of Ms. Ruby T. Davis, 289 Madison, in the sum of $700.00
(Seven Hundred Dollars) to purchase the property described as 287 Madison, 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- 13 NOES- 0.
No. 25
Abandonment - Portion North Oak Street
The Office of the Comptroller, Division of Real Estate, has received
a request to acquire a portion of North Oak Street from John Pappano of
Phillips, Lytle et. al., Attorney, who represents the New York Dormitory
Authority, the coordinator for the Roswell Project.
The parcel that they are requesting to be abandoned constitutes that
portion of North Oak Street lying south of Carlton Street (approximately 41
feet by 68 feet). The parcel is left over from a previous abandonment by the
City of Buffalo, Item No. 86, C.C.P. 6/12/73.
This Office has no objection to the sale and abandonment of the above
property to the New York State Dormitory Authority. The Division of Real Estate
will assist the Dormitory Authority with its petition to Supreme Court for the
appointment of two appraisers and report the results back to the Common Council
for final approval.
Your Honorable Body may approve the Abandonment and Sale in accordance
with Section 513 and 514 of the City Charter.
I am recommending that the item be referred to the Departments of Public
Works, Police, Fire and the City Planning Board, since this is a referable
item, per Article 317. 1 of the City Charter.
REFERRED TO THE URBAN RENEWAL AGENCY COMMITTEE, THE COMMISSIONER OF PUBLIC
WORKS AND THE CORPORATION COUNSEL.
FROM THE PRESIDENT OF THE COUNCIL
No. 26
Appoint Member Citizens Salary Review Commission
This is to correct communication # 32, C.C.P. February 22, 1994
"Appoint Member Citizens Salary Review Commission," in which the name of the
individual was misspelled. My appointment to the Commission is Mr. William
Grady whose term will expire December 31, 1996.
The other two Council representatives are:
Warren Galloway whose term expires 12/31/95; and
Angelo Sedita whose term expires 12/31/94.
RECEIVED AND FILED.
FROM THE COMMISSIONER OF ASSESSMENT
No. 27
Request Approval of Certificate of Base Percentages, Current Percentages and
Current Base Proportions
Enclosed find Certificate of Base Percentages, Current Percentages
and Current Base Proportions.
I am respectfully requesting that Your Honorable Body approve the
aforementioned Certificate pursuant to Article 19 of the Real Property Tax Law.
The aforementioned Certificate was prepared by this department with the
assistance of the New York State Division of Equalization and Assessment
pursuant to the Real Property Tax Law and the Rules and Regulations of the
Board of Equalization and Assessment.
Upon approval of this Certificate, kindly direct the City Clerk to sign,
date, and forward said Certificate to the New York State Board of Equalization
& Assessment, to the attention of Heather Burrall, Equalization Rates Analyst
I, 16 Sheridan Avenue, Albany NY 12210-2714. Also, kindly direct the City
Clerk to furnish this department with a copy of the approved Certificate.
The approval of this Certificate is the primary step toward the final
calculation of the City's Base Proportions that will occur after the March 1,
1994 Assessment Roll is completed. Upon completion of the March 1, 1994
Assessment Roll, you will once again be informed as to the City's new Base
Proportions.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 28
Forgive Interest on Taxes
111 Middlesex
Item No. 63, C.C.P. 02-08-94
We investigated Mr. & Mrs. Benatovich's complaint. According
to our records, the 1993-94 City tax and sewer rent was mailed to K. Benatovich
& W at 111 Middlesex Road, Buffalo, New York 14216 on July 1, 1993.
In reviewing the tax data for the past five years, we show that Mr. &
Mrs. Benatovich have historically paid the City tax and sewer rent late and
with interest penalties. For example:
1988-89 - City Tax and Sewer Rent paid February 28, 1989
1989-90 - 1st half City Tax paid November 17, 1989
2nd half City Tax paid March 13, 1990
Sewer Rent paid November 30, 1989
1990-91 - City Tax and Sewer Rent paid February 21, 1991
1991-92 - 1st half City Tax/Sewer Rent paid October 31, 1991
2nd half City Tax paid February 24, 1992
1992-93 - 1st half City Tax paid September 23, 1992
2nd half City Tax paid February 16, 1993
Sewer Rent paid September 16, 1992
1993-94 - City Tax and Sewer Rent paid January 24, 1994
Further, Section 922 of the Real Property Tax Law states, "failure to
mail any such statement" (tax bill), "or the failure of any such owner to
receive the same, shall not in any way affect the validity of the taxes or
interest thereto."
Therefore, the interest assessed is valid and the request to refund the
interest paid is unlawful.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 29
Forgive Interest on Taxes 79 Le Brun
Item No. 67, C.C.P. 02108194
A review of the tax records and the mailing address data, since
1990, shows that the City Tax and Sewer Rent bill for property assessed as 418
Winspear, Buffalo, New York is mailed to 154 North Drive, Amherst, New York,
not 418 Winspear as stated in Pepy Ettinger' s letter.
Although the taxpayer did not receive the Tax Bill in July 1993, the
responsibility to request and pay the Tax Bill by July 31, 1993 is the owner's
obligation. Pursuant to section 922 of the Real Property Tax Law, "failure to
mail any such statement" (Tax Bill) "or the failure of any such owner to
receive the same, shall not in any way affect the validity of the taxes or
interest prescribed by law with respect thereto."
Therefore, the interest penalty levied is legal and to waive the penalty
is unlawful.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 30
David H. Schank
Forgive Delinquent Tax/Interest
105 Wallace
Item No. 97, C.C.P. 02122194
A review of the 1993-94 tax records and the mailing address data
shows that the July 1, 1993-94 City Tax and Sewer Rent Bill for property
assessed as 105 Wallace, Buffalo, New York, was mailed to Raymond S. and Carla
S. Bernhardt at 358 Woodbridge, Buffalo, New York. The Tax Bill was not
returned to this office by the Bernhardts stating that the property was sold,
nor did we receive a mailing address change or the transfer of title in time to
reflect the new owners. The change of ownership was input on June 30, 1994.
Finally, pursuant to Section 922 of the Real Property Tax Law, "failure
to mail any such statement" (Tax Bill), "or the failure of any such owner to
receive the same, shall not in any way affect the validity of the taxes or
interest prescribed by law with respect thereto."
Therefore, the interest levied is valid and to waive the penalty is
unlawful.
REFERRED TO THE COMMITTEE ON FINANCE.
FROM THE COMMISSIONER OF PUBLIC WORKS
No. 31
Extension of Contract No. 91743500 Replacement of Watermain Lovering Avenue
Visone Construction, Inc.
In accordance with the terms of the Contract between the City
of Buffalo and Visone Construction, Inc., City Contract No. 91743500,
Replacement of Watermain along Lovering Avenue and Virgil Avenue and
Replacement of existing pipe along Delham Street, the work called for in this
contract is scheduled to be completed July 19, 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 August 16, 1994.
RECEIVED AND FILED.
No. 32
Notification Serial #8345
Repeal of No Standing School Days
on Buffum Street at Indian Park Academy # 70
NO STANDING- REPEAL
In conformity with Section 49 of Chapter 479 of the Ordinances of the
City of Buffalo, the City Engineer hereby notifies your Honorable Body of this
action supplementing, amending, or repealing existing provisions of Chapter 479
of the Ordinances, as stated below, to be effective forty five days after the
first Council meeting at which they appear on the agenda as an item business.
That that part of Subdivision 22 of Section IS of Chapter 479 of
Ordinances of the City of Buffalo be supplemented by repealing therefrom the
NO STANDING
following:
PROHIBITED PRTN HIGHWAY PROHIBITED PERIOD
Buffum Street, north side 8 a.m. - 4 p.m.
from 100' east of Indian Orchard Place School Days
to a point 365' west therefrom.
This restriction must be repealed in order to install same from 7:00 a.m.
to 4:00 p.m. (see next serial).
Notification Serial #8346
Install No Standing School Days
on Buffum Street at Indian Park Academy #70
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 22 of Section IS of Chapter 479 of
Ordinances of the City of Buffalo be supplemented by adding thereto the
NO STANDING
following:
PROHIBITED PRTN HIGHWAY PROHIBITED PERIOD
Buffum Street, north side 7 a.m. - 4 p.m.
from 100' east of Indian Orchard Place School Days
to a point 365' west therefrom.
This modification is being done at the request of the school in order to
better accommodate school bus discharge/pickup times.
RECEIVED AND FILED.
No. 33
No Parking Signs Southeast Corner of
Easton and Newburgh Avenues
Item No. 185, C.C.P. 10/19/93
This is in response to C.C.P. #185 of October 19, 1993. This
communication
requested that the Department of Public Works install a "No Parking Here to
Comer" sign on the south side of Easton Avenue east of Newburgh Avenue to
improve safety and visibility at this intersection.
Please be advised that my Traffic Section's investigation of the site
brought concurrence with your Honorable Body's request. Consequently, a work
order was written on October 26, 1993 to install the sign fifty (50) feet east
of the southeast comer of Easton and Newburgh on Easton. All work necessary to
accomplish this task was completed by February 9, 1994.
RECEIVED AND FILED.
No. 34
Claim for Wages Various Employees
From February 28, 1994 through March 13, 1994 members of the crew
of the Cotter worked while an agreement was being formulated to cover various
aspects of their employment. On May l, 1993 each employee should have been
transferred from the Engineering Division to the Buildings Division and their
salaries set at $30, 000. Due to the fact that the above mentioned agreement
was not finalized and approved by the Budget Director, the Civil Service
Commission and Your Honorable Body, the proper appointment could not be filed.
The Comptroller has this ruled that a claim must be approved by Your Honorable
Body to pay these employees.
I respectfully request that you authorize the Comptroller to issue the
following payments for time worked from February 28 through March 13, 1994:
George Evans 10 days @ $119.540 per day = $1,195.40
Michael Farrel 10 days @ $119.540 per day = $1,195.40
John Harter 10 days @ $114.922 per day = $1,149.22
Joseph Kalinowski 10 days @ $119.540 per day = $1,195.40
William Robinson 10 days @ $114.922 per day = $1,149.22
In addition, please pay for any shift differential,, holiday or overtime
pay.
Mr. Pitts moved:
That the communication from the Department of Public Works, dated
February 17, 1994, be received and filed; and
That the Comptroller he, and he hereby is authorized to issue payments
for time worked from February 28, 1994 through March 13, 1994 to the
individuals listed and in the amounts specified in the above communication.
PASSED.
AYES- 13 NOES- 0.
No. 35
Correct Bond Account-Permission to Hire a
Consultant To Address Flagged Bridges
Item No. # 27 C.C.P. 1/25/94
I hereby request permission to change the account number on the
above mentioned project. In our request for permission to address flagged
conditions on bridges of January 11, 1994 and approved in Resolution #27 of
1/25/94 we mistakenly identified Bond Fund 200-401-307. This account should
have been identified as 200-401-507. Account number 200-401-307 does not exist.
Therefore, I hereby request Your Honorable Body to allow the Commissioner of
Public Works to change the account number.
Mr. Pitts moved:
That the communication from the Department of Public Works dated March 3,
1994, be received and filed; and
That the correct account in the communication that was passed as Item No.
27, C.C.P., January 25, 1994 should be identified as 200-401-507.
ADOPTED.
No. 36
Change in Contract
Plumbing Work 2nd Floor Reconstruction
Police Headquarters
I herewith submit to Your Honorable Body the following change
in contract for the 2nd Floor Reconstruction, Police Headquarters, C&C Plumbing
& Htg Corp. C-91693200:
1. Additional work required in the
Commissioner's office. Relocate
drain in Commissioner's bathroom
to facilitate new shower installation. Add $ 599.54
The foregoing change results in a net increase in the contract of Five
Hundred Ninety-nine and 54/100 Dollars ($599.54).
Summary Original Amount of Contract $29,450.00
Amount of this change (No. 1) Add 599.54
Revised Amount of Contract $30,049.54
This change could not have been foreseen at the time contract was let.
Costs have been reviewed by the Consulting Architect, El Associates, Inc. and
the Department of Public Works and found to be fair and equitable. Funds for
this work are in BF 200-402-513 - Division of Buildings.
I recommend that Your Honorable Body authorize the Commissioner of Public
Works to issue a change order to the contractor as set forth above.
Mr. Pitts moved:
That the communication from the Department of Public Works, dated
February 16, 1994, be received and filed; and
That the Commissioner of Public Works be, and he hereby is, authorized to
issue a change order #1 to C&C Plumbing & Htg. Corp., changes resulting in a
net increase in the amount of $599.54, as more fully described in the above
communication, for work relating to Plumbing Work on the 2nd Floor
Reconstruction of Police Headquarters Contract C-91693200. Funds to be charged
to B/F 200-402-513 Division of Buildings.
PASSED.
AYES- 13 NOES- 0.
No. 37
Change Order No. 1
Emergency Repairs South Park Lift Bridge
Item No. C.C.P. 27 of 6/22/93
I hereby submit to your Honorable Body the following change in
contract for the emergency repairs to the South Park Lift Bridge:
1. During construction it was necessary to replace bolts found to be damaged
resulting in a cost addition of $806.24.
2. During construction it was found necessary to change the scope of work
involving replacing the windows resulting in a savings of $97.00.
No. 1 New Bolts +$806.24
No.2 Window Change - 97.00
Net Change $709.24
CONTRACT SUMMARY
Original Contract Amount $118,598.00
Change Order No. 1 + 709.24
New Contract Amount $119,307.24
I hereby certify that the cost of this change is fair and equitable for
the work involved and I respectfully request that Your Honorable Body authorize
the Commissioner of Public Works issue this change to M. Falgiano Construction
Company. Funds for this work are available in Division of Engineering Bond Fund
200-401-546.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 38
Change in Contract Change Order No. 2
City Contract 91719600 Waterline Replacement - Various Streets
I hereby submit to your Honorable Body the following change order
with Kandey Company, Inc. for work relating to Waterline Replacement - Various
Streets, City Contract No. 91719600.
Item No. 01.30B- Engineer's Office - 6 month cost. Only needed
4 1/2 months. Decrease: $ 2,250.00
Item No. 2.120 - Rock Excavation - 50 cu. yds. bid amount. Not
needed. Decrease: $ 2,500.00
Item No. 3.110 - Select Granular Fill - 150 cu. yds. bid amount.
12.03 cu. yds. needed. Decrease: $ 594.00
Item No. 9.104 - 4" Ductile Iron Pipe - 50 l.f. bid amount. 45 l.f.
installed. Decrease: $ 290.00
Item No. 9.106 - 6" Ductile Iron Pipe - 295 l.f. bid amount.
274.5 installed. Decrease: $ 1,640.00
Item No. 9.112 - 12" Ductile Iron Pipe - 10 l.f. bid amount. 7
l.f. installed. Decrease: $ 300.00
Item No. 9.410 - Waterline Pipe Specials - 11,855 lbs. bid
amount. 11,100 lbs. used. Decrease: $ 7.55
Item No. 90.900 - Mobile Field Office - 6 months bid amount.
Required for 5 months. Decrease: $ 500.00
Item No. 09.116 - 16" Ductile Iron Pipe - 5 l.f. bid amount.
5.5 l.f. required. Increase: $ 50.00
Item No. 09.710 - Install Corp. Stop/Tap - 49 bid amount. 48
installed. Decrease: $ 800.00
Item No. 09.720 - Install Curb Stops - 35 bid amount. 34
installed. Decrease: $ 17.00
Item No. 09.730 - Install Water Service Pipe - 1,850 l.f. bid
amount. 1,433 l.f. installed. Decrease: $ 625.50
Item No. 09.814 - Install Water Service Box - 37 bid amount. 36
installed. Decrease: $ 70.00
New Work Item No. 9A - Replace 2" galvanized water service
from the inside of the building wall to the property line with 2" type
"K" copper tube at 680 Swan Street.
Increase: $4,722.91
Costs have been reviewed by the Department of Public Works and found to
be fair and equitable.
SUMMARY:
Original Amount of Contract $978,531.05
Amount of Change Order No. 1 (Increase) $142,758.70
Amount of Change Order No. 2 (Decrease) 4,821.14
CURRENT AMOUNT OF CONTRACT $1,116,468.61
Funds in the amount of $4,821.14 are to be credited to the Division of
Water's 416 Capital Project Fund, 980-060 account.
I recommend the above change order and it is respectfully requested that
your Honorable Body authorize the Commissioner of Public Works to issue a
change order as set forth above.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 39
Attendance-Front Park Masten Plan Meeting
Item No. 44, C.C.P. 2/22/94
The Finance Committee at its meeting of 3/1/94 requested that
this department submit a list of those individuals who attended the February 4,
1994 meeting regarding a $50,000 grant from the Peace Bridge Authority to have
the City of Buffalo develop a Master Plan for Front Park.
Please be advised that the individuals in attendance besides myself were:
John A. Lydon, Director of Buildings
Robert A. O'Hara, Principal Architect
Nathaniel Mendell, Mayor's office/Community Development
Dennis Maloney, Community Development
Thomas LoTempio, Division of Engineering
Dan Durawa, Commissioner of Parks
Keith Lucas, Lower West Side Development Corp.
John Cromwell, Lower West Side Development Corp.
Lucy A. Cook, Buffalo Friends of Olmsted Parks
Mark V. Mistretta, Buffalo Friends of Olmsted Parks
Cara Rosenthal, Greater Buffalo Partnership
Patricia Rehak, Greater Buffalo Partnership
Tom Pisa, Peace Bridge/Columbus Park Association
Deborah O'Shea, Women For Downtown
REFERRED TO THE COMMITTEE ON FINANCE.
No. 40
Restaurant/Dancing Class III
235 Genesee Street
Pursuant to Chapter 150 of the City of Buffalo Ordinances, please
be advised as follows:
I have examined the attached application for Restaurant/Dancing Class III
located at 235 Genesee and find that as to form it is correct. I have caused
an investigation into the premises for which said application for
Restaurant/Dancing Class III License is being sought and according to the
attached reports from the Fire Department and the Building Inspector, I find it
complies with all regulations and other applicable laws.
I have caused an investigation by the Police Department into the moral
character of the applicant, Rima Kadah. The report from the Police Department
recommending approval is attached hereto.
"Jasmine"
235 Genesee
This request is submitted for your consideration and whatever action you
deem appropriate.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 41
423 Elmwood Avenue Requests Permission To Install Sidewalk Cafe
Mr. David M. Lewis, owner of Kodiak cafe (Alaska Premium Seafood),
located at 423 Elmwood Ave., has requested permission to install a sidewalk
cafe which would encroach city right of way at said address.
The proposed cafe would measure 16 feet in length and project 8 feet from
the building face into city right of way.
The Department of Public Works has reviewed Mr. Lewis' 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 16 feet in length or extend
more than 8 feet from the building face.
4. That no portion of the sidewalk cafe be permanent in nature or
permanently affixed to the main building or public sidewalk.
5. That the sidewalk cafe be completely removed from city right of way
from November 15 to April 1 each year.
6. That the applicant be assessed the annual fee of two dollars per
square foot of city right of way occupied by said sidewalk cafe as described in
Chapter 413 Article IX Section 59 (Sidewalk Cafes) of the City Ordinances.
7. That the applicant supply the City of Buffalo with a Five Thousand
Dollar ($5,000) 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
Revoke Taxi Licenses - Dependable Cab
Item No. 189, C.C.P. 2/8/94
In response to the above communique, upon consultation with the
Corporation Counsel, Lewis Carrier of Dependable Cab was notified by letter for
clarification as to his business address.
Attached please find Mr. Carrier's response along with a copy of his
lease for his current location at 3491 Delaware Avenue in the Town of
Tonawanda.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 43
U.S. Food - Operation at 235 Esser
Item No. 190, C.C.P. 2/8/94
In response to C.C.P. 190, applications were submitted to the
Division of Licenses for Restaurant Takeout and Cooked Meat by Mr. Rafiq Abdo.
On November 1, 1993 the Zoning Division disapproved this location as it
required a use permit. On November 5, 1993, Mr. Abdo was notified by letter of
his disapproval and told to contact the Zoning Division.
As of February 16, 1994 no use permit has been applied for and an
inspection of 235 Esser Street by License Inspector Pat LoPatriello found the
owner to still be conducting his business without the proper permit and
licenses. On February 17, 1994, Mr. Abdo was written up for court for being in
violation of Chapter 370, No Restaurant Takeout License and Chapter 193-22 No
Cooked Meat License.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 44
TDI Requests Permission to
Advertise on Conrail Bridges
Mr. Richard Dvorak, Market Manager for Transportation Displays
incorporated (TDI), located at 195B Holtz Road, Cheektowaga, has requested
permission to utilize existing Conrail Bridges, over city streets, for
advertising.
TDI currently is the exclusive advertising agent for Conrail, and
proposes to either directly paint or affix signs on 22 bridges throughout the
City. The proposed signs would measure approximately 5 feet in height, 50 feet
in length, and advertise various products, services, or events.
The Department of Public Works has reviewed Mr. Dvorak's request and has
no objection to Your Honorable Body granting permission to install the above
described signage provided the following conditions are met:
1. That the applicant obtain a sign permit for each individual location
from Room 301 City Hall, said permit having been approved by the District
Councilmember with regards to the signs subject matter.
2. That the signs be installed exactly as shown on plans submitted to and
approved by the Department of Public Works, Division of Buildings.
3. That the applicant provide the Department of Public Works with a
certificate of insurance, which will indemnify and hold the City harmless, in
an amount determined by the Corporation Counsel.
4. That TDI agrees to provide the City with 1% of all gross advertising
revenues produced through utilizing bridges over city streets in addition to
free use of unsold space by the City.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD, THE
COMPTROLLER AND THE CORPORATION COUNSEL.
FROM THE COMMISSIONER OF PARKS
No. 45
Use Of War Memorial Stadium For Gospelfest
I am writing in response to your letter of February 23# 1994 regarding
C.C.P. #174, February 22, 1994.
The Parks Department does not maintain nor administer the use of War
Memorial Stadium. At the present time, Councilman Pitts is coordinating these
requests.
RECEIVED AND FILED.
No. 46
Selling Naming Rights to Lafayette Rink
Item # 172 C.C.P. February 8, 1994
We have been asked to respond to the above resolution sponsored
by Mr. Coppola.
With regard to "selling the naming rights", a more thorough investigation
would have to be conducted to see whether any contingencies involving renaming,
were included when the property, now known as Lafayette Rink, was donated to
the City of Buffalo, in 1918, by the Lafayette High School Alumni Assn.
The questions and concerns raised relative to selling advertising along
the boards are many.
Our concerns would be in the logistics of advertising such as the actual
selling, size, price, installation, upkeep and maintenance. Would the monies
received go to the Parks Department fund to cover the actual work involved,
and, if we were responsible, would we be given additional help?
At the present time, the ice rinks are open approximately six (6) months
out of the year. Are there enough advertising dollars available to warrant
advertising in our rinks for that period of time.
Preliminary research has indicated that a "decal" is used along hockey
"boards" for advertising; the initial composition of the "decal" could be from
$700. to $1100. depending on size, copy and color(s). During the course of a
hockey season, the decal can be replaced up to four times. In some instances,
a clear plastic is used to protect them. Again, would advertisers be interested
seeing the costs and limitations involved.
While I would be in favor of this concept, the above questions would need
to be answered. A possibility would be to advertise on the walls, but then the
question remains as to who would "paint" the initial advertisement.
Our recommendation would be to contract with an advertising agency to
determine the elements involved in such an undertaking, in addition to
including other parks facilities.
We will await the Council's directive.
REFERRED TO THE COMMITTEE ON FINANCE AND THE CORPORATION COUNSEL.
No. 47
Certificate of Appointment
Appointment effective February 28, 1994 in the Department of Parks
Joseph Staszczyk, 475 Beard, Buffalo 14214, to the position of City Forester,
Provisional, at the Intermediate starting salary of $36,687.00.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
FROM THE COMMISSIONER OF POLICE
No. 48
Checks Received
Item No. 104, C.C.P. 2/2/88
Per C.C.P. No. 104 of February 2, 1988, attached hereto, please
find copies of the following checks:
8155-00096406 $1,116.02
8155-00096407 1,667.94
8155-00096408 744.66
8155-00096411 1,032.08
8155-00096412 398.96
8155-00096417 1,287.63
8155-00096419 1,238.38
8155-00096420 109.10
8155-00096465 3,501.55
8155-00096446 6,830.04
8155-00096447 2,540.85
8155-00096449 1,297.40
8155-00096453 13,987.12
8155-00096458 7,617.60
8155-00096560 2,967.25
8155-00096587 2,271.10
8155-00096696 2,169.53
8155-00096697 4,101.27
8155-00096699 26,549.57
8155-00096700 1,257.60
8155-00096711 3,009.42
Total 85,695.07
The above referenced property has been administratively forfeited by the
Drug Enforcement Administration (DEA). These checks were received by this
Department and duly deposited in Trust & Agency Account # 630-065-271-00-000.
REFERRED TO THE COMMITTEE ON FINANCE, THE COMMISSIONER OF POLICE, AND THE
CORPORATION COUNSEL.
No. 49
Permission To Execute the 1994-1995
Drug Interdiction/Points of Entry Program with
DCJS and the NFTA (Police Department) as Sub-Grantee
Item #96, C.C.P. 01-05-93
Our Department is respectfully requesting authorization for the
Mayor to execute the renewal agreement (see attached) between the City of
Buffalo, with the NFTA Police Department as sub-grantee, and the New York State
Division of Criminal Just ice Services for the period 04-14-94 through
04-13-95.
Under this Agreement, the State will provide $74,250.00 to the NFTA
Police Department through a subcontract with the City of Buffalo. Since
federal statutes and regulations prohibit the direct transfer of grant monies
to any agency that is not a "taxing entity, the City of Buffalo acts as a
conduit agency to receive funds earmarked for the NFTA Police Department. In
turn, the City will make a payment directly to the NFTA Police Department
through entry into a sub-contract with the NFTA enabling the transfer of funds.
The enclosed contract is a companion to an earlier, approved agreement by
your Honorable body on December 28, 1993 which was the renewal agreement
between the City of Buffalo Police Department and the Department of Criminal
Justice Services. The enclosed and the earlier approved renewal contracts
fulfill the requirement by the State inasmuch as this is a joint venture
between four (4) other participating agencies, two (2) of which are the NFTA
(Police) and the City of Buffalo Police.
If your honorable body requires further information, please do not
hesitate to contact Captain Edward C. Hempling of our Grants Section at
extension 4475.
REFERRED TO THE COMMITTEE ON FINANCE.
FROM THE CORPORATION COUNSEL
No. 50
Maryner Towers, 186 Efner
Refund of Excess Taxes
On September 23, 1970, a contract was executed by the City of
Buffalo and Maryner Development Company, Inc., limiting its real property tax
liability as to 186 Efner, known as Maryner Towers Apartments, pursuant to the
authority of and in accordance with Section 236 of the National Housing Act of
1968 and Article V of the Private Housing Finance Law.
This contract limits Maryner's real property taxes to a maximum of
$74,000 per year (City and County combined) and exempts the property from
additional taxes for a period of forty years, beginning on the date on which
the benefit of this exemption first became available and effective. Amounts
paid by Maryner, in excess of the $74,000 ceiling must be refunded.
The refund is apportioned between the City and the County, in accordance
with the tax-rates prevailing at the time:
1993-94 City tax paid: $ 95,068.54
1994 County tax: + 17,855.50
Total City and County: $112,924.04
Less Combined Ceiling: -74,000.00
Overpayment: $ 38,924.04
City's share (.84 x $38,924.04) $ 32,696.19
We respectfully request that you authorize payment of this refund of the
1993-94 city tax overpayment in the amount of $32,696.19.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 51
Delist Hertel Avenue Site, ID No. 914121
Item No. 76, C.C.P., Jan. 25, 1994
The above item has been referred to the Department of Law for
an opinion and/or recommendation.
The item is a letter from the N.Y.S. 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 PAH's from a fuel oil spill remain on surface
and subsurface soils." PAH's are polyaromatic hydrocarbons, a by-product of
fuel oils according to the DEC. Because PAH's are not classified as a
"hazardous waste" under the regulations of the N.Y.S. Environmental
Conservation Law (6 N.Y.C.R.R. Part 371), no further remediation is required at
the site. Environmental Conservation Law, art. 27, Sec. 27-1313.
Accordingly, we have inquired with both the DEC and the N.Y.S. Department
of Health for information regarding the amount of PAH's remaining on the site
and the impact such amount of PAH's may have on both human health and safety
and the environment. We will provide an update as soon as we have received
copies of DEC's final determination report and Phase II investigation report.
RECEIVED AND FILED.
No. 52
Board Parking - Bids Skyway Lot#3
Opinion No. 94-25
Item No. 9, CCP 2/22/94
In the above matter, there appears to have been only one bid for
the lease of Skyway Lot No. 3. There is no prohibition against accepting a
single bid if the proceedings are otherwise proper.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 53
M. Wimberly-Claim For Vehicle Sold by Auto Pound
Item No. 99, CCP 2/22/94
A resolution of the above matter requires the report and determination
of the Parking Violations Bureau.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 54
Forgive Interest Taxes - 111 Middlesex
Item No. 63, C.C.P., Feb. 8, 1994
Forgive Interest Taxes - 79 LeBrun
Item No. 67, C.C.P., Feb. 8, 1994
Forgive Interest Taxes - 105 Wallace
Item No. 97, C.C.P., Feb. 22, 1994
Opinion No. 94-19
The above items have been referred to the Department of Law for
an opinion. The legal issue is whether the owners of the above properties are
entitled to a forgiveness of the amount of interest accruing on real property
taxes due on the ground that the owners had not received their tax bills.
The law is clear on this matter. Failure either to mail or to receive
real property tax bills has no effect on a property owner's responsibility to
pay the taxes or interest due. Real Property Tax Law, Sec. 922(3). Thus, the
owners of the above properties are not entitled to forgiveness of either the
tax or interest accrued, and consequently, they are required to pay the entire
tax due, including interest accrued to the date of payment.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 55
Forgive Parking Fines C. Edwards
Item No. 168, C.C.P., Feb. 8, 1994
The above item has been referred to the Department of Law for
an opinion. Please be assured that we are researching issues relevant to this
matter and we will respond as soon as possible.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 56
Sell Naming Rights -Lafayette Rink
Item No. 172, C.C.P., Feb. 8, 1994
The above item has been referred to the Department of Law for
an opinion. Please be assured that we are researching issues relevant to this
matter and will respond as soon as possible.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 57
Installation of Outdoor Rotary Phones at Problem Locations
Opinion No. 94-21
Item No. 163, C.C.P., 2/8/94
You have requested an opinion whether the City of Buffalo may
enact legislation designed to regulate the type of telephone devices installed
within City right-of-ways.
Based upon complaints which you have received regarding the use of
certain types of public telephones for illegal drug activity, such legislation
would appear to fall within the City's police power to regulate a broad range
of matters for the health and safety of the public. The police power has been
expressly delegated to the City by the State. General City Law, art. 2-A, Sec.
20(13). The City may exercise the police power by enacting legislation in
response to the needs and objectives of the community; provided that such
legislation is reasonably related to the community policy sought to be
effectuated and, furthermore, that it is neither arbitrary nor unduly
oppressive. Stubbart v. County of Monroe, 58 A.D.2d 25, 395 N.Y.S.2d 307 (4th
Dept., 1977).
An ordinance regulating the conduct of a business was at issue in Cowen
v. City of Buffalo, 247 A.D. 591, 288 N.Y.S. 239 (1936). In Cowen, the Fourth
Department held that although a presumption exists that legislation is enacted
in good faith, and in an honest belief that its adoption would be beneficial to
the public at large. Although the burden is on those who assert otherwise, if
the facts and circumstances show that it is not fairly adapted to cure a real
substantial evil, that is to say it is an arbitrary interference with a
plaintiffs right to conduct a business as he or she sees fit, it is the duty of
the courts to declare the ordinance invalid.
Thus, a public hearing where a record of testimony regarding the use of
public telephones for illegal drug activity may be made, is at the very
minimum, necessary to establish that the proposed ordinance is reasonably
related to the policy sought to be effectuated.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 58
Cable Television Rate Regulation Certification
Item No. 202, C.C.P. 10/19/93
You asked this office to file an application with the Federal
Communication Commission ("FCC") for certification to regulate cable television
basic service rates in the City of Buffalo. The following is a status report.
On January 3, 1994, FCC Form No. 328 (Certification of Franchising
Authority to Regulate Basic Cable Service Rates and Initial Finding of Lack of
Effective Competition) was filed with the FCC and a copy was served on TCI of
New York, Inc. ("TCI"). Since neither the FCC nor TCI filed any objections
within the subsequent thirty (30) day period, the City's Certification became
effective February 3, 1994.
To begin to regulate basic cable service rates, the City must take the
following additional steps by June 3, 1994.
(1) Adopt a resolution indicating that the City will follow the FCC's rate
regulations for basic cable service.
(2) Adopt a resolution which includes procedural regulations allowing for
public participation in rate regulation proceedings.
(3) Adopt a resolution which includes (a) name of the cable television
franchisee to be regulated and (b) a statement that the City possesses the
personnel and resources necessary to administer cable rate regulations.
(4) Serve notice on the cable operator that the City has adopted the required
regulations and is initiating regulation of basic cable service.
This office is currently preparing the required resolutions for your
review and expects to issue them shortly.
REFERRED TO THE SPECIAL COMMITTEE ON CATV.
No. 59
Complaint Filed With FCC On TCI Cable Rates
Item No. 198, C.C.P. 4/13/93
Pursuant to your request, we have filed the attached complaint
with the Federal Communications Commission ("FCC") challenging cable rates
imposed by TCI of New York, Inc. We have also attached a complaint and
attendant comments filed by the New York State Consumer Protection Board with
the FCC.
As always, this office stands ready to assist in telecommunication
affairs.
REFERRED TO THE SPECIAL COMMITTEE ON CATV.
No. 60
Report on R. Redfern
Opinion No. 94-22
Item No. 73, C.C.P., 2/8/94
With respect to your inquiry regarding an alleged incident of
December 21, 1993 and possible corporeal punishment charges against Buffalo
Public School physical education teacher, we requested David W. Hess, Asst.
Superintendent for Secondary Education to provide a report of the investigation
and hearing concerning the alleged incident.
The report includes a communication from Mr. Hess which concludes that
based upon a review of the reports, interviews and investigation, the evidence
does not support the allegation. Consequently, the Board of Education should
not institute a disciplinary proceeding under Section 3020(a) of the Education
Law.
Please note that if Mr. Redfern wishes to assert a claim against the
Board of Education, he must file a notice of claim. Education Law, Sec. 3813.
REFERRED TO THE SPECIAL COMMITTEE ON EDUCATION.
FROM THE COMMISSIONER OF COMMUNITY DEVELOPMENT
No. 61
Permission to Engage Services of a Consultant for the Massachusetts Avenue
Community Built Play Area
I hereby request permission of Your Honorable Body to engage the
services of a consultant architect to prepare plans and specification and
receive bids for the Massachusetts Avenue Community Built Play Area.
The purchase process is required to take place and materials delivered
for construction to begin on June 1, 1994.
Funds for this consultant and the construction phases will be available
in Department of Community Development Capital Project Account 200-717-069.
Mr. Pitts moved:
That the communication from the Department of Community Development
dated, February 28, 1994 be received and filed; and
That the Commissioner of Community Development be, and he hereby is
authorized to engage a consultant architect to prepare reports, plans and
specifications and to receive bids for Massachusetts Avenue Community Built
Play Area, with said cost to be charged to Department of Community Development
Capital Project Account 200-717-069.
ADOPTED.
No. 62
Community Wide Urban Renewal Demonstration Program Approval Land Disposition
Agree. Drescher Paper Box, Inc.
489 Broadway, 405,407,409
Spring, 140 Mortimer, 12 Hollister
The City of Buffalo Urban Renewal Agency duly designated Drescher
Paper Box, Inc. and/or joint venture, partnership, corporation or other legal
entity to be formed as the qualified and eligible Redeveloper for the subject
parcel.
The Agency has also determined that the proposed Land Disposition
Agreement negotiated by the Agency and the Redeveloper is satisfactory.
Please be advised that in accordance with the provisions of Article 15A
of the General Municipal Law, it is now necessary for Your Honorable Body to
set a date for a public hearing, and to direct the publication of a notice of
said hearing. In the interest of time and anticipating that Your Honorable
Body is willing to expedite this matter, I have taken the liberty to prepare a
Resolution together with a Notice of Public Hearing for your action.
Forwarded herewith are the following documents:
1. Resolution setting Public Hearing
2. Notice of Public Hearing
3. Resolution approving proposed Land Disposition
Agreement
4. Proposed Land Disposition Agreement
After the Public Hearing is held, Your Honorable Body may adopt a
Resolution authorizing the disposition of the land to the Redeveloper, which
the Agency has designated as being qualified and eligible.
RECEIVED AND FILED.
No. 63
Waterfront Redevelopment Project NYR-35
Approval of Land Disposition Agreement
Disposition Parcel 12A - 112 Niagara Street
Niagara Group, Inc., Redeveloper
The City of Buffalo Urban Renewal Agency duly designated Niagara
Group, Inc. and/or joint venture, partnership, corporation or other legal
entity to be formed as the qualified and eligible Redeveloper for the subject
parcel.
The Agency has also determined that the proposed Land Disposition
Agreement negotiated by the Agency and the Redeveloper is satisfactory.
Please be advised that in accordance with the provisions of Article 15A
of the General Municipal Law, it is now necessary for Your Honorable Body to
set a date for a public hearing, and to direct the publication of a notice of
said hearing. In the interest of time and anticipating that Your Honorable
Body is willing to expedite this matter, I have taken the liberty to prepare a
Resolution together with a Notice of Public Hearing for your action.
Forwarded herewith are the following documents:
1. Resolution setting Public Hearing
2. Notice of Public Hearing
3. Resolution approving proposed Land Disposition
Agreement
4. Proposed Land Disposition Agreement
After the Public Hearing is held, Your Honorable Body may adopt a
Resolution authorizing the disposition of the land to the Redeveloper, which
the Agency has designated as being qualified and eligible.
REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT.
FROM THE COMMISSIONER OF INSPECTIONS AND COMMUNITY REVITALIZATION
No. 64
Appointment - Matthew Baudo Director Of Housing & Property Inspections
Please be advised that Mr. Matthew J. Baudo has been appointed
to the position of Director of the Division of Housing and Property Inspections
effective 2/22/94 with exempt Civil Service status, at an annual salary of
$44,484. Mr. Baudo will be responsible to the Commissioner of Inspections and
Community Revitalization. He will oversee the department's property code
compliance and related functions as described In the City Charter and
Ordinances. Mr. Baudo has served in various inspectional and administrative
capacities for the City since 1987 whereby he is a person of demonstrated
experience in the areas of housing and building construction and
rehabilitation, including experience in the administration of housing and
property code inspection and compliance activities.
RECEIVED AND FILED.
No. 65
Request Authorization To Apply For 1994-1995 HOME Funds
The U.S. Dept. of Housing and Urban Development has notified the
City of Buffalo that our formal allocation of HOME program funds will be
$4,490,000. Application for these funds is due for submission on or before
March 17th, 1994.
It is the intent of the Dept. of Inspections and Community Revitalization
to program the use of HOME funds as previously projected in the Comprehensive
Housing Affordability Strategy (CHAS) with consideration for previous funding
use in 1992-1993 and 1993-1994 as approved by the Common Council and Buffalo
Urban Renewal Agency.
HOME funds shall be distributed according to the following categories of
assistance:
$1,600,000 - Homeowner Rehabilitation (36%)
2,000,000 - Rental Rehabilitation (44%)
490,000 - Urban Homesteading (11%)
400,000 - New Construction (9%)
$4,490,000 - Total 1994-1995 award
Please note that no specific projects will be targeted/identified in the
actual grant application package due to the limited period of time allowed to
submit the package for approval by the U.S. Dept. of H.U.D.
I hereby request Common Council authorization for Mayor Anthony M.
Masiello to submit the HOME program application on behalf of the City of
Buffalo as our Chief Executive Officer.
If you have any questions or concerns regarding HOME, please do not
hesitate to contact me regarding those issues.
Mr. Pitts moved:
That the communication from the Department of Inspections and Community
Revitalization, dated March 3, 1994, be received and filed; and
That the Mayor be, and he hereby is, authorized to submit the HOME
1994-95 Program application on behalf of the City of Buffalo; provided however,
that the final allocation of HOME funds awarded be presented to the Common
Council for approval, with the exception of any emergency grant under Fifty
Thousand Dollars ($50,000).
PASSED.
AYES- 13 NOES- 0.
No. 66
Report of Bids
Pre-Demolition Asbestos Removal For 499 Winslow
Please be advised that Pre-Demolition Asbestos removal bid offers
were solicited by our department on December 14, 1993 and that the contract
will be awarded to the following responsible bidders:
Please be further advised that our department will solicit bids for the
demolition of this building upon completion and acceptance of the removal of
asbestos.
ADDRESS/OWNER CONTRACTOR/AMOUNT OF BID
499 Winslow Zeon Corporation
City of Buffalo $3200.00
Higgins Group
$4500.00
Peerless Environ Control Inc.
$5580.00
We therefore, respectfully request that upon approval by your honorable
body and inspections made by this department, that the cost of the project be
charged to the Capital Projects Fund #200-241-002-00000.
REFERRED TO THE COMMITTEE ON FINANCE.
FROM THE COMMISSIONER OF ADMINISTRATION AND FINANCE
No. 67
Mayor's Public Budget Hearings
You are hereby notified that you have been scheduled for the Mayor's
public hearings on your 1994-95 City of Buffalo budget request per the attached
schedule.
RECEIVED AND FILED.
No. 68
Forgive Parking Fines-C. Edwards
Item #168, C.C.P. 2/8/94
In regard to the towing of the above vehicle, be advised of the
following: City of Buffalo Ordinances-Chapter 479-15. 16 "No motor vehicle or
other vehicle shall be parked at the same location on any street of the city
for over 24 consecutive hours. Each day the vehicle remains parked in the same
location constitutes a separate violation."
The vehicle was towed for violation of this 24 hour ordinance.
In addition, the vehicle has been without a valid registration which
expired 9/7/93. Under New York State Vehicle and Traffic Law Article 14 Section
401 "No motor vehicle shall be operated or driven upon the public highways of
this state without first being registered."
Therefore, the vehicle was towed legally and all towing and storage fees
are due. There is also a parking violation currently at $45 due which was
issued for the parking over 24 hours violation. I would not recommend
forgiveness of these fines.
REFERRED TO THE COMMITTEE ON FINANCE.
FROM THE COMMISSIONER OF GENERAL SERVICES
No. 69
Prepare Ordinance Amendment Raise Cap On Performance
Bonds For Purchases Of Goods And Services
Item No. 209 CCP 2/22/94
The office of General Services concurs with resolution #209 regarding
an ordinance amendment raising the cap on performance bond requirements from
the existing $25,000 level to $100,000.
The increase in levels will help in obtaining possible lower costs on
goods and services. However, the raised levels will now apply to large
equipment and vehicle purchase. In these cases, where bids are made for goods
that may require an extended lead time in delivery, a performance bond should
be requested at the discretion of the office of General Services and/or the
requesting department or agency to ensure "performance" on awarded bids.
REFERRED TO THE COMMITTEE ON FINANCE, THE COMPTROLLER AND THE CORPORATION
COUNSEL.
FROM THE CIVIL SERVICE COMMISSION
No. 70
Waiver Of Residency For Anthony M. Marconi, as Commissioner of Inspections and
Community Revitalization
As per your request of February 16, 1994, enclosed please find
a copy of the request from the Mayor's Office for a residency waiver for Mr.
Anthony A. Marconi, as Commissioner of the Department of Inspections and
Community Revitalization, dated February 7, 1994.
This communication was considered by the Civil Service Commission at its
meeting of February 16, 1994. Please be advised that although the Commission
does not have jurisdiction over appointments to positions in the Unclassified
Service, the Commission concurs with the Mayor's decision.
I trust this satisfies your inquiry.
REFEREED TO THE COMMITTEE ON CIVIL SERVICE.
FROM THE BOARD OF EDUCATION
No. 71
Building Space Rented by the Board of Education for Daytime Use
LESSEE ACCOUNT AMOUNT
**FKES-2340-431
1490 JEFFERSON ENTER 1 FKES-2340-431 1301.58
BETHEL HEADSTART 1 FKES-2340-431 3400.00
BMHA-COM. PERRY/LNGFLD 1 FKES-2340-431 2.00
COMM ACTION ORG 1 FKES-2340-431 2603.00
INTERNATIONAL INST 1 FKES-2340-431 12,932.13
LONGVIEW NIAGARA
(GED PROGRAM) 1 FKES-2340-431 3400.00
NORTHWEST COM. CTR.
GED PROGRAM 1 FKES-2340-431 7500.00
** Subtotal **
7 31,138.71
**FTZR-2110-431
ST. ELIZABETH 1 FTZR-2110-431 30,082.42
**Subtotal **
1 30,082.42
**FVJS-2110-431
N.F.T.A. 1 FVJS-2110-431 88647.33
OCCUPATIONAL TRAIN CTR 1 FVJS-2110-431 91852.92
**Subtotal **
2 180500.25
***Total ***
35 234,7957.75
**A000-1624-431
BLESSED TRINITY 1 A000-1624-431 21853.08
BUFFALO URBAN LEAGUE 1 A000-1624-431 76593.50
CHURCH OF THE
GOOD SHEPARD 1 A000-1624-431 29432.00
COLLEGE LEARNING LAB 1 A000-1624-431 623,462.76
D'YOUVILLE ALT SAT. 1 A000-1624-431 11,891.00
D'YOUVILLE COLLEGE 1 A000-1624-431 212,143.30
D'YOUVILLE PHYSICAL ED 1 A000-1624-431 21,038.00
HANLON ALT SATELLITE 1 A000-1624-431 28,875.00
HOLY ANGELS SCHOOL 1 A000-1624-431 162,808.00
IMMACULATE CONCEPTION 1 A000-1624-431 77,105.00
KENSINGTON MEM.
UNITED CHURCH 1 A000-1624-431 14,074.00
LONGVIEW NIAGARA 1 A000-1624-431 68,500.00
NATIVITY B.V.M. CHURCH 1 A000-1624-431 16,282.34
NORTHWEST COMM CTR 1 A000-1624-431 43,001.00
OUR LADY OF LORETTO CH 1 A000-1624-431 53,475.00
QUEEN OF PEACE CHURCH 1 A000-1624-431 64,511.00
ST. FLORIAN CHURCH 1 A000-1624-431 65,079.00
ST. FRANCIS OF ASSISI CH 1 A000-1624-431 79,963.00
ST. GERARD 1 A000-1624-431 79,648.00
ST. JOHN GRACE
EPISCOPAL CHURCH 1 A000-1624-431 27,572.00
ST. JOHN KANTY 1 A000-1624-431 202,084.00
ST. NICHOLAS UKRAN CH 1 A000-1624-431 52,410.00
ST. SIMON'S CHURCH 1 A000-1624-431 8,972.12
WEST SIDE COMM CTR 1 A000-1624-431 17,225.27
** Subtotal **
24 2,057,998.37
**FECS-5510-431
GLORIA J. PARKS
COMM. CENTER 1 FECS-5510-431 48,238.00
**Subtotal **
1 48,238,00
REFERRED TO THE SPECIAL COMMITTEE ON EDUCATION.
No. 72
School Buildings Used in the Evenings and Activities Conducted in Buildings
The below listed buildings and programs are operating in the Buffalo
Board of Education Schools:
PROGRAM SCHOOL DAYS TIMES WEEKS
Lighted Schoolhouse #28 (2) Mon & Wed 6:00-9:00 PM 16
Lighted Schoolhouse #37 (2) Tu & Th 6:00-9:00 PM 16
Lighted Schoolhouse #38 (4) M-Tu-W-Th 6:00-9:00 PM 16
Lighted Schoolhouse #40 (2) Tu & Th 6:00-9:00 PM 16
Lighted Schoolhouse #44 (2) Mon & Wed 6:00-9:00 PM 16
Lighted Schoolhouse #45 (3) M -W-Fr 6:00-9:00 PM 16
Lighted Schoolhouse #54 (2) Tu & Th 6:00-9:00 PM 16
Lighted Schoolhouse #56 (2) Tu & Th 6:00-9:00 PM 16
Lighted Schoolhouse #63 (2) Mon & Wed 6:00-9:00 PM 16
Lighted Schoolhouse #68 (2) Tu & Th 6:00-9:00 PM 16
Lighted Schoolhouse #77 Not started as of 2/16/94
Lighted Schoolhouse #81 (3) M -W-Fr 6:00-9:00 PM 16
Lighted Schoolhouse Campus East (2) Tu & Th 6:00-9:00 PM 16
Lighted Schoolhouse Build Academy (2) Mon & Tu 6:00-9:00 PM 16
Lighted Schoolhouse Waterfront (3) M -W-Fr 6:00-9:00 PM 16
Lighted Schoolhouse Buffalo Trad. (3) M -W-Th 6:00-9:00 PM 16
Lighted Schoolhouse McKinley H.S. (2) Tu & Th 6:00- 9:00 PM 16
Liberty Partnership Prog S Park H.S. Tu & Th 4:30-5:30 PM 32
Bennett Regents Bennett H.S. M -W-Th 5:30-10:00 PM 32
Bob Lanier Program #6 M thru Th 3:30-8:30 PM
32
Bob Lanier Program #74 M thru Th 3:30-8:30 PM
32
Bob Lanier Prog Kensington H.S. M thru Th 3:30-8:30 PM 32
Adult Educ. Program Burgard Tuesday 6:30-9:30 PM 26
Adult Educ. Program Emerson Wednesday 6:30-9:30 PM 26
Adult Educ. Program McKinley Mon & Wed 6:30-9:30 PM 26
Adult Educ. Program Seneca Tu & Th 6:30-9:30 PM 26
Adult Educ. Program BVTC Thursday 6:30-9:30 PM 26
So.Bflo.Comm Southside M & F 9:00AM-1:30 PM 9
Assoc. -Summer Prog. Comm School #53 July & Aug.
Activities Wed. 4:30 PM-8:00 PM 26
Sat. 8:00AM-2:00 PM 26
Community School #76 M-T-W-TH-F 3:30PM-5:00 PM 44
Night School GED # 46 M -W-F 6:00PM-10:00 PM 52
Elmwood Franklin McKinley H.S. July & Aug. 9:00AM-12 Noon 8
School Swim Program
In addition to the above, each building Administrator is allocated 6
evenings a year and Emerson, Buffalo Academy for visual and Performing Arts and
Curriculum are each allocated 20 evenings. This is a total of 516 evenings.
REFERRED TO THE SPECIAL COMMITTEE ON EDUCATION.
FROM THE CITY CLERK
No. 73
Mayor Reported Out of State
I transmit herewith a communication received by me from the Mayor,
reporting his absence from the state, from 7:05 A.M. to 9:45 P.M., Friday,
February 25, 1994.
RECEIVED AND FILED.
No. 74
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
Department of Police
Department of Law
Department of Administration and Finance
RECEIVED AND FILED.
No. 75
Liquor License Applications
Attached hereto are communications from persons applying for liquor
licenses from the Erie County Alcohol Beverage Control Board.
Address Business Name Owner's Name
41 Virginia PI Babalu 41 Virginia Place Ltd.
RECEIVED AND FILED.
No. 76
Leaves of Absence Without Pay
I transmit herewith notifications received by me, reporting the
granting of the leaves of absence without pay, in the various departments as
listed:
Comptroller- Michele Szymanski
Public Works- Rose Marie Alaimo-Sardo
Parks- Anthony Greco, Joseph Staszczyk
Insp. & Comm. Revit.- Donald J. Lemmo, Matthew J. Baudo
Human Resources- Gina Doyle
RECEIVED AND FILED.
No. 77
Reports of Attendance
I transmit herewith communications received by me, from the various
boards, commissions, agencies and authorities reporting the membership
attendance at their respective meetings:
Board of Ethics
Buffalo Sewer Authority
City Planning Board
Municipal Housing Authority
RECEIVED AND FILED.
No. 78
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 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, at the Flat starting salary of $5.20 hourly.
DEPARTMENT OF PARKS
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, at the Flat starting salary of
$5.98 hourly.
DEPARTMENT OF STREET SANITATION
Appointment effective February 22, 1994 in the Department of Street
Sanitation, Sandra A. Ortolano, 20 Fairchild Place, Buffalo, New York 14216, to
the position of Laborer II, Seasonal, at the Flat starting salary of $6.92 hr.
Appointment effective February 28, 1994 in the Department of Street
Sanitation, Louis M. Arroyo, 163 Fargo Avenue, Buffalo, New York 14201, to the
position of Laborer II, Seasonal, at the Flat starting salary of $ 6.92 hr.
Appointment effective March 3, 1994 in the Department of Street
Sanitation, to the position of Laborer II, Seasonal, at the Flat starting
salary of $6.92 hr.
Harrison Mullen, Jr., 413 Riley Ave., Buffalo New York 14208
David M. Taylor, 19 Durham Court, Buffalo, New York 14204
Charles Guagliano, 181 Congress, Buffalo, New York 14213
DEPARTMENT OF HUMAN RESOURCES
Appointment effective February 18, 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.
Carolyn D. Crawford, 126 Cottage #2, Buffalo 14201
David Kausner, 103 Guernsey, Buffalo 14207
Appointment effective February 25, 1994 in the Department of Human
Resources, Division of Youth, Wade G. Anderson Jr. 215 Detroit, Buffalo 14212,
to the position of Attendant, Temporary, at the Flat, Starting Salary of $
4.42/hr.
Appointment effective March 2, 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.
Christy L. Marchese, 191 Hodge, Buffalo 14222
Deborah L. Utz, 115 Gatchell, Buffalo 14212
David M. Koch, 77 Eckhert, Buffalo 14207
Appointment effective February 25, 1994 in the Department of Human
Resources, Division of Youth, Jeffrey L. Moore, 361 Roslyn, Buffalo 14215, to
the position of Supervisor, Temporary, at the Flat starting salary of $
5.20/hr.
No. 79
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 PUBLIC WORKS
Appointment effective February 25, 1994 in the Department of Public
Works, Division of Water, Paul Tatu, 316 Bedford Street, Buffalo, 14216, to the
position of Maintenance Assistant-Water, Temporary, at the Minimum starting
salary of $22,105.
DEPARTMENT OF PARKS
Appointment effective February 28,1994 in the Department of Parks,
Anthony Greco, 47 La Force Place, Buffalo 14207, to the position of Park
Utility Worker, Temporary, at the Minimum starting salary of $21,748.
DEPARTMENT OF POLICE
Appointment effective February 23, 1994 in the Department of Police,
Michele M Napora, 221 Courtland Avenue, Buffalo 14215 to the position of
Civilian School Crossing Guard TSAR, Seasonal, at the Minimum starting salary
of $5.71 hr.
Appointment effective February 24, 1994 in the Department of Police, to the
position of Civilian School Crossing Guard TSAR, Seasonal, at the Minimum
starting salary of $5.71 hr.
Bridgit C. Vega, 304 Dearborn Street, Buffalo 14207
Carolyn Miller, 70 Wade Avenue, Buffalo 14214
Appointment effective February 9, 1994 in the Department of Police, Kelly
A Donnelly, 13 Norris Drive, Buffalo 14207, to the position of Police Officer,
Permanent, at the Minimum starting salary of $28,814.
Appointment effective February 21, 1994 in the Department of Police,
Katherine A Plesac, 3667 South Hill Road, Hamburg 14075, to the position of
Police Lieutenant, Permanent, at the Flat, starting salary of $45,107.
Appointment effective February 21, 1994 in the Department of Police,
McCarthy Gipson, 301 Forbes, Tonawanda 14150, to the position of Police
Captain, Permanent, at the Flat starting salary of $ 51,680.
DEPARTMENT OF FIRE
Appointment effective January 17, 1994 in the Department of Fire,
John W. Sniderhan, 8753 Lower E. Hill Road Colden, New York 14033, to the
position of Battalion Chief, Temporary, at the Maximum starting salary of
$49,187.
DEPARTMENT OF ADMINISTRATION & FINANCE
Appointment effective February 22, 1994 in the Department of
Administration
& Finance, Division of Budget & Management Diane Boyce, 61 Mt Vernon, Bflo., NY
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. 80
R. ANDERSON
Oppose Closing Residential Center Facility
The disharmonious and detrimental action being taken at the Buffalo
Residential Center, requires careful consideration and thorough review.
To displace the youth and staff of the Buffalo Residential Center will
have a harmful, long term impact on the lives of over 200 New Yorkers.
Many of the youth residing at the BRC, many from Western New York, have
written about the positive impact the BRC staff has had on their lives; and
they have stressed the importance of being near family and friends.
I am also deeply concerned by the comments of Carl Jutzin in his
memorandum to Peter Winfield of your department dated January 26, 1994.
Although he may be trying to obtain additional transition personnel for the
Industry School, his demeaning and inflammatory rhetoric is unjustified and
demonstrates a callous attitude towards the BRC staff and youth. His
derogatory comments indicate the BRC closing aid subsequent transition could
result in far greater problems than have been alleged at the BRC.
I recommend that a special task force of the BRC staff, youth, Buffalo
community leaders and Division for Youth central staff be established to
consider the above concerns and recent developments.
Due to the time constraints established by the Division for Youth, I
would appreciate your immediate response.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 81
BCAM
Expense Report For January
Buffalo Cable Access Media (BCAM) is submitting its monthly expense
report detailing spending levels and programming activity for supplemental
monies for the month of January. This report is being submitted in accordance
action taken by the Common Council.
REFERRED TO THE SPECIAL COMMITTEE ON CATV.
No. 82
BCAM
Expense Report For February
Buffalo Cable Access Media (BCAM) is submitting its monthly expense
report detailing spending levels and programming activity for supplemental
monies for the month of February. This report is being submitted in accordance
action taken by the Common Council.
REFERRED TO THE SPECIAL COMMITTEE ON CATV.
No. 83
BUFFALO ENTERPRISE DEVELOPMENT CORP.
Report of Audit
Pursuant to the Charter and Ordinances of the City of Buffalo,
Article IV - City Development Agencies - Section 6-23, we are hereby submitting
a copy of an audited financial statement for The Buffalo Enterprise Development
Corporation for the year ending May 31, 1993.
REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT.
No. 84
BUFFALO LANCERS
Request Use of War Memorial Stadium
The Buffalo Lancers are a semi-pro football team, a member of
the American Football Association and the Mid-Continental Football League. Our
team is entering its second year of existence.
The Lancers were formed by a Buffalo resident, Derek Williford, who is
team president. Gino Arcaro, a Canadian coach for 19 years, has been named the
head coach of the team.
The organizations' objective is to provide the Buffalo area with an
inexpensive, family oriented sports entertainment. Additionally, opportunities
will be provided to area athletes to enter CFL and NFL careers. An executive
committee and coaching staff has been established to fulfill these goals.
The Executive Committee of the Buffalo Lancers has been working very hard
at trying to obtain the necessary facilities and equipment that we require to
run this newly established semi-pro football team in a manner that will benefit
the players and community.
It was recently brought to our attention that there is a facility that
may serve the team needs entirely. The War Memorial Stadium would be an
excellent stadium for our home games and practices. It is in an ideal
The stadium has enough seating to accommodate the fans from our projected
ticket sales. We would be intensely interested in obtaining a field, such as
War Memorial Stadium, that we could call our "home" field for our new 1994
season and the many years to come.
We are aware that the only thing War Memorial Stadium is lacking is an
appropriate press box for our media game coverage. If we were to obtain the use
of the stadium we would be more than willing to have a suitable press box built
that could be used by other sports teams as well.
Because this is only our second year in the league and we have a
completely new executive/coaching staff, we are not in a financial position to
be making great alterations to the stadium. However, we are confident that we
could provide a fitting press box facility.
If there is any way in which you could assist us by providing information
on how we could obtain the use of War Memorial Stadium we would be extremely
appreciative. Anything you could do to aid our team in achieving its goals of
becoming a professional and successful Buffalo sports team would be an enormous
credit to our program.
RECEIVED AND FILED.
No. 85
BUFFALO SOFTBALL LEAGUE INC.
Delay In Filing Annual Financial Report
On behalf of the Board of Directors of the Buffalo Softball League
Inc., I submit this letter to inform you that an unavoidable delay precludes
the timely filing of the annual financial disclosure statement of the BSL, Inc.
All necessary materials to complete our annual audit are in the hands of
James Amato & Co. The BSL Board anticipates Amato & Co. to present their
findings to us in the very near future. The Board of the BSL will then
officially file the document with the City Clerk.
I apologize for any inconvenience this may cause, and wish to inform you
that the Board of the BSL Inc. has officially restructured its fiscal year to
enable us to meet future filing deadlines.
Thank you for your patience and understanding in this matter.
RECEIVED AND FILED.
No. 86
H-H ACQUISITION CORP.
Withdraw Rezoning Request Toledo Pl. & Kenmore Ave.
We hereby terminate and withdraw the above referenced petition
for rezoning effective immediately.
RECEIVED AND FILED.
No. 87
KLEINHANS MUSIC HALL MGT., INC.
Request For Increase In The Number Of Directors
Ever since the Kleinhans Music Hall opened for operation in 1940,
our governing Board of Directors has consisted of nine members, three of whom
have been City officials.
The Board of Directors now feel that in order to fulfill the ever-growing
needs of the Music Hall, the Board should be enlarged to insure a more active
participation by interested community and business leaders.
Pursuant to Article 8, Section I of the Kleinhans Music Hall Management,
Inc. By-Laws, this Board requires consent of the Common Council to increase the
number of Directors that serve on this body.
We are, therefore, requesting formal approval by the Common Council to
expand the membership of said Board.
Please let me know as to the meeting date of the Common Council when this
matter can be scheduled and I will plan to attend to discuss this and to
respond to any questions you might have concerning this.
REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CORPORATION COUNSEL.
No. 88
J. MARCHITTE
Forgive Grass Cutting Charge 81 Maryland
I purchased 81 Maryland street at the city foreclosure auction.
I owned the property three days when the city sent a crew to cut the grass and
tall weeds and was charged $59. I had no notification from the city about the
problem and wonder why?
As I only owned the property three days and was making my own
arrangements to clean the lot, I would appreciate it if you would forgive the
$59 charge.
REFERRED TO THE COMMITTEE ON FINANCE, THE COMMISSIONER OF STREETS, THE
COMMISSIONER OF ASSESSMENT AND THE CORPORATION COUNSEL.
No. 89
NYS DORMITORY AUTHORITY
Convey Portion Of R.O.W. -Carlton
We represent the Dormitory Authority of the State of New York
("Dormitory Authority") in connection with the real estate aspects of the major
modernization of the Roswell Park Cancer Institute ("Project"). In order to
finalize development of the Project, the following three (3) small parcels of
real property (all of which are outlined in red on the enclosed survey) will
have to be conveyed to the Dormitory Authority.
1. A parcel (owned by the Buffalo Urban Renewal Agency) along the south
line of Carlton Street, approximately 40 feet deep, running from the east line
of Ellicott Street to the west line of North Oak Street;
2. A parcel (owned by the City of Buffalo) which constitutes that
portion of North Oak Street lying south of Carlton Street (approximately 41
feet by 68 feet); and
3. A parcel (owned by the Buffalo Urban Renewal Agency) which
constitutes that portion of Elm Street lying north of Carlton Street and south
of High Street.
I will be working with Mike McCarthy (BURA's attorney) and Ilo Noble
(City's attorney) in connection with this matter. They have indicated that
these conveyances will need the approval of the Common Council. They have also
indicated that they will make sure that this matter will be put on the Common
Council's agenda.
This matter has become urgent in light of the construction schedule. The
Dormitory Authority and I would very much appreciate your support.
Please let me know if there is any additional information you need or if
you have any questions. I would be pleased to meet with you to discuss this
matter if you would like. Thank you.
REFERRED TO THE URBAN RENEWAL AGENCY COMMITTEE, THE COMMISSIONER OF PUBLIC,
WORKS AND THE CORPORATION COUNSEL.
No. 90
NEW YORK TELEPHONE
Rotary Pay Phones in Problem Areas
Thank you for providing to NYNEX item # 163, C.C.P. February 8,
1994, a resolution concerning the installation of rotary telephones in certain
locations on city property. NYNEX has a history of supporting efforts to curb
criminal activity at our public telephones. We work with the city on the
location of telephone stations, inhibiting incoming telephone service in
problem areas and many other strategies that balance the need of public
telephone users with public safety and crime prevention issues.
While we are committed to working with municipalities in this way, NYNEX
is not a law enforcement agency and is not obligated to reduce criminal
activity. Any implication to the contrary in the present wording of the
resolution is inaccurate and misleading.
Second, many of the areas specified in the resolution are primarily
served by public telephone providers other than NYNEX. The resolution's focus
on NYNEX by name is therefore highly inappropriate. The use of NYNEX' name is
also inaccurate to the extent that it implies that NYNEX is the sole public
telephone provider in the market or that NYNEX is somehow responsible for the
acts or omission of other providers.
NYNEX is concerned with the broadbrush approach of the resolution.
Changing to rotary telephones is a "last ditch" effort to curtain criminal
phone-use. It is far from a perfect solution because technology is already
available to convert rotary signals to touchtone and because many pagers can be
accessed over rotary phones. In cities where we are experimenting with rotary
telephones, customers are unhappy because they are unable to use paging, voice
messaging and other services requiring touchtone, much as the criminals are
unable to use these services.
Furthermore, there is a significant shortage of rotary telephones, which
are no longer manufactured because such technology is antiquated and generally
unmarketable. It is unclear whether sufficient inventory of old units could be
obtained by NYNEX for large scale conversions of existing public telephones
even in small municipalities. Even if equipment were attainable, the 30-day
installation period is unrealistically short given variable weather conditions
and workforce availability.
Finally, we note the possibility that some of the illegal activity occurs
at public telephones supplied by providers which are not authorized by Buffalo
to operate on public right-of-way. More effective enforcement of
franchise-like restrictions may be a means to address the criminal activity
issue. NYNEX and other authorized providers often avoid placing telephones
where criminal activity is like to occur.
NYNEX is eager to meet with you to discuss an appropriate response to the
serious problem of illegal use of public telephones, a solution that will not
burden legitimate telephone users. There are a variety of technologies that can
accomplish the intent of the resolution. The company can demonstrate these
technologies at Buffalo City Hall. Please have a member of your staff contact
me on 827-9809 to set up an appointment at your convenience.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 91
TCI, INC.
We are in the process of notifying our customers that we are changing
the way we maintain the "inside wiring" within their homes. We want you to be
informed of how these changes will effect customers in the City of Buffalo.
This inside wiring includes the cable, extra outlets, splitters,
connections, fittings, wall plates, and the connecting wire up to 12 inches
outside of a customer's home.
Our practice up to this point had been not to charge separately for
service calls to repair or maintain a customer's inside wiring. We recovered
that cost through our monthly service rates. Thus, when a customer had a loose
fitting or bad connection to their TV set or VCR, we would send a technician
and not charge the customer extra for that service call. With all the changes
to our company and the industry resulting from the new federal regulations, we
can no longer do this. For those customers who request us to repair or maintain
the inside wiring, we will be charging them separately for this service.
In the interests of giving our customers as many options as possible, we
are notifying them that this maintenance can be handled one of three ways:
* Do it themselves. Customers can always do the maintenance and repairs
themselves, or hire a third party contractor. Regardless of who does the work,
it is important that the customer's inside wiring not interfere with the normal
operations of our cable TV system and other communications systems and devices.
We will make available a Consumer Guide for Inside TV Wiring, which contains
industry specifications for inside wiring.
* Hourly service charge. We can do the repairs and maintenance on the
inside wiring for' a fee based on our published ,hourly service charge" (HSC)
of $25.69. This rate does not include applicable franchise fees and taxes. The
customers will be billed the time a technician actually spends in their homes
identifying and fixing the problem. The HSC - which is regulated by the FCC -
was previously announced in your community. The HSC also was listed in a
mailing we sent last August to our customers and information on the HSC is
given to new customers when they sign up for service. In the near future, the
HSC will be printed on customers' monthly cable bills.
* Introducing "TCI's Inside wiring Maintenance Program". Customers can
voluntarily enroll in "TCI's Inside Wiring Maintenance Program", a new
optional, unregulated service. For only $.49 a month, we will service a
customer's inside wiring without any extra charges. We will charge this
service separately on their monthly bills. Certain restrictions may apply; the
service will be subject to appropriate tax and franchise fees.
Our goal is to give our customers choices that make it as easy as
possible for them to maintain the inside wiring. Please give me a call if you
have questions or need further information about this matter. My direct number
is 862-4646.
REFERRED TO THE SPECIAL COMMITTEE ON CATV.
No. 92
TCI, INC.
Response To City's Franchise Proposal
I am enclosing several copies of TCI of New York's response to
the city of Buffalo franchise proposal.
As always I am available at your convenience to begin discussion on this
proposal and any other items necessary to complete this process.
REFERRED TO THE SPECIAL COMMITTEE ON CATV.
No. 93
U.S. DEPARTMENT OF JUSTICE
Criteria for New Detention Facility
As you may be aware, Congress has provided the Department of Justice
with $10,300,000 to construct a detention facility to be used by both the U.S.
Marshals Service and the Immigration and Naturalization Service to house
pre-trial detainees and criminal aliens. The Immigration and Naturalization
Service will be responsible for the development of the project and the
operation of the detention facility when it is completed.
Recent newspaper articles have generated a great deal of interest from
local governments as well as the private sector. It is our desire to treat all
interested parties fairly. We are still in the process of developing our
specific requirements to meet both the needs of the Immigration and
Naturalization Service and the U.S. Marshals Service. Although we are in the
early stages of this process, we know that the facility must meet the following
criteria:
1. We will construct a low rise detention facility in order to lower the
initial construction costs and future operating costs. This facility will
require approximately 20 acres of land. This size of parcel will allow for
future expansion should operational requirements dictate and additional funding
becomes available in the future. All utilities must be available at the site.
2. In order to lower the Government's cost to transport prisoners to court
hearings and to deport criminal aliens, the site must have easy access to:
a. major roadways
b. the Federal Courthouses in Buffalo and Rochester
c. the Buffalo International Airport
3. Community acceptance of having a detention facility located in the area.
Although we are not prepared to solicit actual proposals on the location,
we feel it would be beneficial to conduct an informal survey of locations. We
will contact all known, interested parties and ask that they be prepared to
discuss their proposed location with us during the week of April 4, 1994 when
we visit Buffalo. If you are aware of any potential locations, please have
them contact John W. Clarke, Director, Facilities and Space Management, prior
to March 25, 1994 to arrange an appointment. Mr. Clarke may be reached at
802-660-1154.
We are excited about developing this project in the Buffalo Metropolitan
Area and appreciate your support in assuring this project is completed for the
benefit of all citizens in the area.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE COMPTROLLER, THE COMMISSIONER OF
HUMAN RESOURCES AND THE CORPORATION COUNSEL.
PETITIONS
No. 94
Maten Enterprises, Inc., petition to rezone 38-54, 70-74,
55-61, 81-87 Earl Pl. and 975-977, 993-997 Jefferson from C2 and R2 to CM for
laundering service plant and parking.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD,
AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT.
No. 95
West Marine, tenant, petition to use 2192 Niagara from existing boat retail
section into tow (2) retail stores for marine sales.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD,
AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT.
No. 96
R.J. Bradley, owner, petition to use 221 Linwood to convert retirement home to
a church, offices and classrooms in front portion and use the rear for rooms
for 40 homeless persons.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD,
AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT.
No. 97
Louis Burgio, owner, petition to use 1264 Hertel Avenue to expand existing
grocery store into a store and take out.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD,
AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT.
No. 98
Michael Burns and Others, oppose rezoning 9-13 Toledo St.
RECEIVED AND FILED.
No. 99
Francis Simons and Others oppose rezoning 9-13 Toledo St.
RECEIVED AND FILED.
REGULAR COMMITTEES
CLAIMS COMMITTEE
HON. DAVID A. FRANCZYK
CHAIRMAN
No. 100
Compromise And Settlement Of
Actions For Personal Injury
That, upon the recommendation of the Corporation Counsel, the
following actions for personal injury arising out of alleged negligence on the
part of the City, be compromised and settled:
A 1. David Amoia, Wendy Amoia and Eugene C.
Teney, Their Attorney $8,750.00
A 2. Janet L. Chillis and McKee, Phelps & Bowman, as
Attorneys $4,875.00
Betty L. Gainer and McKee, Phelps & Bowman as
Attorneys $4,000.00
Janet L. Chillis, Individually and as M/N/G of Shanta O.
Woods an Infant $2,000.00
McKee, Phelps & Bowman as Attorneys $1,000.00
A 3. Darlene Eberhardt and Cellino, Dwyer & Barnes,
As Attorneys $34,000.00
A 4. Timothy J. Green and Cellino, Dwyer & Barnes, As
Attorneys $11,500.00
Richard C. Epps and Cellino, Dwyer & Barnes, As
Attorneys $ 7,500.00
Rose C. Green and Cellino, Dwyer & Barnes, As
Attorneys $ 1,000.00
A 5. Benjamin J. Medley $35,000.00
A 6. Rita Terenin and Paul Beltz, P.C., As Attorney
$500.00
A 7. Gloria D. Tyson and David Gerald Jay, Esq., As Attorney
$2,500.00
That checks be drawn on the account of 81-2 General City charges
100-812-000-00-809 Judgment and Claims Prior Years, payable to the respective
claimants or plaintiffs and their attorneys, if any, hereinabove named, in the
amounts set opposite their names and delivered to them upon execution and
delivery to the Corporation Counsel of proper releases and closing papers.
PASSED.
AYES- 13 NOES- 0.
No. 101
Property Damage
That upon the recommendation of the Corporation Counsel, and the
appropriate City Department, the following actions and claims for damage to
property caused by alleged negligence on the part of the City be compromised
and settled:
B 1. Kathleen M. Bulluck
Claim for damages to a 1986 Ford Aerostar Van on as the result of a tree
limb from a City owned tree falling on the vehicle in front of 38 Orchard
Place. $579.00
B 2. Robert Chimera
Claim for eyeglasses broken in the line of duty in the Department of
Street Sanitation $134.00
B 3. Alfred P. Grassia
Claim for damage to a 1983 GMC Suburban at the Division of Water filter
plant on Porter Avenue. $458.06
B 4. Kevin J. Jordan
Claim for damage to a 1990 Dodge Daytona in front of the Eagle Street
Parking Ramp exit. A City "No Standing" sign fell on the vehicle.
$612.90
B 5. Deanna S. Keith
Claim for damage to a 1990 Ford Festiva at the intersection of Delaware
Avenue and Amherst Street due to a Division of Water flagman waving claimant on
causing an accident.
$808.65
B 6. Ethel L. Mann
Claim for damage to claimant's porch at 36 Linden Park from carpenter
ants from a City owned tree infesting it.
$135.29
B 7. New York Telephone Company
Claim for damage to a pedestal and cable on August 30, 1990 along James
E. Casey Drive in the New Buffalo Industrial Park by Department of Street
Sanitation grass cutting equipment.
$3,900.00
B 8. William T. Orr, Sr.
This is a claim for eyeglasses broken in the line of duty in the
Department of Street Sanitation. $128.00
B 9. Diandre Richardson
Claim for personal property which was misplaced at Police Headquarters
after claimant's arrest. The property consisted of $119.00 in cash, a cassette
and an earring. $142.86
B 10. Mildred Roll
Claim for damage to a 1992 Chevrolet Cavalier at the intersection of
Delaware Avenue and Amherst Street due to a Division of Water flagman waving
the claimant on causing an accident with another vehicle. $154.17
B 11. Concepcion Virella
Claim for reimbursement for the cost of the auction purchase price and
expenses incurred by the claimant after he purchased a 1986 Chevrolet Chevette
from the City. $779.00
B 12. Benjamin and Gloria Wood
Claim for damage to a 1989 Buick LeSabre at Tupper and Carolina Streets.
A strong gust of wind blew a ladder off a Division of Water truck onto
claimant's vehicle. $887.98
There are no insurance companies involved in the settlement of the above
claims.
That checks be drawn on the account of 81-2 General City Charges
100-812-000-00-809 Judgment and Claims Prior Years, payable to the respective
claimants or plaintiffs and their attorneys, if any, hereinabove named, in the
amounts set opposite their names and delivered to them upon execution and
delivery to the Corporation Counsel of proper releases where such releases are
indicated.
PASSED.
*AYES- 13 NOES- 0.
* Mr. Bell in the negative on B-2 & B-8 only.
No. 102
Miscellaneous Refund
That, upon the recommendation of the Corporation Counsel, the
following refund claims be compromised and settled:
C 1. Thomas J. Maxwell
Claim for reimbursement for an incorrect pension check deduction for
health insurance coverage from February 1993 to June 1993.
$277.15
C 2. Norbert C. Repman
Claim for reimbursement for an incorrect pension check deduction for
health insurance coverage from February 1993 to May 1993.
$302.16
C 3. Edward C. Riederer
Claim for reimbursement for overpayment of health insurance premiums for
a retired City employee. Since July 1990 family plan coverage was being
deducted after the Division of Labor Relations was notified to change his
status to single coverage.
$1,796.40
C 4. Donald E. Wild
Claim for reimbursement for an incorrect pension check deduction for
medical insurance from February 1993 to May 1993.
$318.00
There are no Insurance Company/Companies involved in the settlement of
the above claims.
That checks be drawn on the account of 81-2 General City Charges
100-812-000-00-809 Judgment and Claims Prior Years, payable to the respective
claimants and their attorneys, if any, in the amount set opposite their names,
respectively, and delivered to them upon execution and delivery to the
Corporation Counsel of the proper releases where such releases are indicated.
PASSED.
AYES- 13 NOES- 0.
No. 103
Miscellaneous Invoice
That upon the recommendation of the Corporation Counsel, and the
appropriate City Department, the following invoice claims be compromised and
settled:
D 1. A & B Electric & Heating Company
Claim for payment of prior fiscal year Invoice #1788 for additional work
at the City Court Building. $4,814.00
D 2. Corporate Health Services
Claim for payment of a prior fiscal year invoice for services rendered at
the Broadway Garage which was required by OSHA/PESH regulations.
$1,747.50
D 3. Corr Distributors Inc.
Claim for payment of prior fiscal year Invoice #031060 for services
rendered to the Department of Public Works, Division of Buildings.
$238.40
D 4. Daved's Radiator
Claim for payment of prior fiscal year Invoice #2114 for services
rendered to the Department of Public Works, Mechanical Services for a new gas
tank for City vehicle #B-28. $160.00
D 5. Erie County Medical Center
Claim for payment of a prior fiscal year invoice for medical services
rendered to Police Officer Lisa Thompson who was injured on duty in an
automobile accident. $132.26
D 6. Kenmore Mercy Hospital
Claim for payment of a prior fiscal year invoice for medical services
rendered to Police Officer Genevieve Fahmer for physical therapy.
$121.20
There are no insurance companies involved in the settlement of the above
claims.
That checks be drawn on the account of 81-2 General City Charges
100-812-000-00-809 Judgment and Claims Prior Years, payable to the respective
claimants and their attorneys, if any, in the amount set opposite their names,
respectively, and delivered to them upon execution and delivery to the
Corporation Counsel of the proper releases where such releases are indicated.
PASSED.
AYES- 13 NOES- 0.
No. 104
Miscellaneous Payroll
That, upon the recommendation of the Corporation Counsel and the
appropriate City Department, the following claims be paid:
E 1. Michael Dickman
Claim for a prior fiscal year longevity payment for a Supervisor of
Building Construction in the Department of Inspections and Community
Revitalization.
$200.00
E 2. William Higgins
Prior fiscal year two day pay claim for an employee of the Department of
Street Sanitation. $172.36
E 3. Geraldine M. Kaczmarz
Claim for a prior fiscal year prorated medical in lieu payment for an
employee of the Division of Parking Enforcement. This is for the period from
January 1993 to June 1993. $180.00
E 4. Dorothy Polito
Claim for a prior fiscal year payment in lieu of medical insurance for
the months of July, August and September 1992 for a retired City employee.
$180.00
E 5. William A. Wagner
Claim for a prior fiscal year difference in pay for a plumbing inspector
in the Department of Inspections and Community Revitalization.
$382.63
There are no Insurance Companies involved in the settlement of the above
claims.
That checks be drawn on the account of 81-2 General City Charges Fund No.
81300809 Judgment and Claims Prior Years, payable to the respective claimants
or plaintiffs and their attorneys, hereinabove named, in the amounts set
opposite their names and delivered to them upon the delivery of the proper
releases where indicated.
PASSED.
AYES- 13 NOES- 0.
CIVIL SERVICE
HON. ROSEMARIE LOTEMPIO
CHAIRMAN
No. 105
Salary Ordinance Amendment
06 - Department of Administration & Finance
3-001 - Labor Relations
(Item No. 195, C.C.P., Feb. 22, 1994)
That the Salary Ordinance Amendment as contained in Item No. 195,
C.C.P., February 22, 1994, be and the same hereby is approved.
PASSED.
AYES- 13 NOES- 0.
No. 106
Salary Ordinance Amendment
08-0 Department of Law
(Item No. 196, C.C.P., Feb. 22, 1994)
That the Salary Ordinance Amendment as contained in Item No. 196,
C.C.P., February 22, 1994, be and the same hereby is approved.
PASSED.
AYES- 13 NOES- 0.
No. 107
Salary Ordinance Amendment
410 - Department of Parking
021 - Parking Administration
(Item No. 197, C.C.P., Feb. 22, 1994)
That the Salary Ordinance Amendment as contained in Item No. 197,
C.C.P., February 22, 1994, be and the same hereby is approved.
PASSED.
AYES- 13 NOES- 0.
No. 108
Waive Probation - B. Sumbrum (CC)
(Item # 52 CCP Dec. 28, 1993)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 109
List of Waived Probationary Terms
(Item # 65 CCP Jan. 25, 1994)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 110
Waiver of Fire Probationary Periods (CC)
(Item # 60 CCP Feb. 22, 1994)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 111
Opinion on Residency Requirements (CC)
(Item # 35 CCP Jan 11, 1994)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 112
Residency Requirements (CC)
(Item # 41 CCP Feb. 8, 1994)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 113
Opinion Residency Waivers - Commissioners (CC)
(Item # 40 CCP Feb. 8, 1994)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 114
Opinion Residency of Confidential Aides (CC)
(Item # 42 CCP Jan. 25, 1994)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 115
Opinion - Residency Waivers (CSC)
(Item # 77 CCP Feb. 22, 1994)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 116
Residency Requirement Waiver (CSC)
(Item # 78 CCP Feb. 22, 1994)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 117
Job Specs. Change Water Dispatcher (PW)
(Item # 46 CCP Nov. 3, 1993)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 118
Job Specs. Change Water Dispatcher (CSC)
(Item # 73 CCP Nov. 3, 1993)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 119
Job Specs. Water Dispatcher (PW)
(Item # 39 CCP Feb. 22, 1994)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 120
Appointment
Inspections & Comm. Revitalization/Combustion Inspector
That Communication No 69 Dec. 14, 1993 be received and filed and
the Provisional appointment of Mark D. Blake stated above at the Maximum salary
$32,051.00 effective on Dec. 6, 1993 is hereby approved.
PASSED.
AYES- 13 NOES- 0.
No. 121
Appt. Laborer II (Max) (PW) -Gannon
(Item # 24 CCP Jan. 11, 1994)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 122
Appointment Public Works/Laborer II
That Communication No. 53 Feb. 22, 1994 be received and filed
and the Temporary appointment of Mark Gannon stated above at the Maximum salary
$10.67 P/H effective on Dec. 29, 1993 is hereby approved.
PASSED.
AYES- 13 NOES- 0.
No. 123
Appointment
Administration & Finance/Account Clerk Typist
That Communication No. 41 Jan. 11, 1994 be received and filed
and the Permanent appointment of Mary E. Davern stated above at the Maximum
salary $22,465.00 effective on Jan. 3, 1994 is hereby approved.
PASSED.
AYES- 13 NOES- 0.
No. 124
Appointment
Audit & Control/Data Processing Equipment Operator
That Communication No. 30 Feb. 22, 1994 be received and filed
and the Provisional appointment of Janet Reyes stated above at the Intermediate
salary $22,788.00 effective on Jan. 27, 1994 is hereby approved.
PASSED.
AYES- 13 NOES- 0.
No. 125
Appointment Parks/Program Coordinator
That Communication No. 54 Feb. 22, 1994 be received and filed
and the Non-Competitive appointment of Michael Daniels stated above at the
Intermediate salary $25,182.00 effective on Feb. 7, 1994 is hereby approved.
PASSED.
AYES- 13 NOES- 0.
No. 126
Appointment Fire/Senior Typist
That Communication No. 57 Feb. 22, 1994 be received and filed
and the Permanent appointment of Sandra L. Karn stated above at the Maximum
salary $22,780.00 effective on Feb. 9, 1994 is hereby approved.
PASSED.
AYES- 13 NOES- 0.
No. 127
Appointment Human Resources/Fiscal Manager
That Communication No. 75 Feb. 22,1994 be received and filed and
the Permanent appointment of Mary T. Hoefler stated above at the Maximum salary
$36,488.00 effective on Feb. 7, 1994 is hereby approved.
PASSED.
AYES- 13 NOES- 0.
FINANCE
HON. DAVID A. COLLINS
CHAIRMAN
No. 128
Transfer of Funds - $12,280
Common Council - Legislative
(Item No. 176, C.C.P., Feb. 22, 1994)
That pursuant to section 42 of the Charter and the Certificate
of the Mayor and the Comptroller, the sums of $1,534.00, $1,535.00 and
$9,210.60 be, and the same is hereby transferred from the Common Council -
Legislative - Salary accounts for Councilmen Perla, Helfer and Collins
respectively, and said sums are hereby reappropriated as set forth in the above
item.
PASSED.
AYES- 13 NOES- 0.
No. 129
Transfer of Funds - $17,000
Parking Enforcement - Parking Violations Bureau (Salaries)
(Item No. 177, C.C.P., Feb. 22, 1994)
That pursuant to section 42 of the Charter and the Certificate
of the Mayor and the Comptroller, the sum of $17,000.00 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 in the above item.
PASSED.
AYES- 13 NOES- 0.
No. 130
Ordinance Amendment
Chapter 78-28 Dog Fines
(Item No. 187, C.C.P., Feb. 22, 1994)
That the Ordinance Amendment as contained in Item No. 187, C.C.P.,
February 22, 1994, be and the same hereby is approved.
PASSED.
AYES- 13 NOES- 0.
No. 131
Construction Project Agreement (PW)
(Item # 24, CCP Dec. 14, 1993)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 132
Est. Policy on Project Agreements (CC)
(Item # 51 CCP Dec. 28, 1993)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 133
Results of Negotiations
46 Metcalfe
(Item No. 25, C.C.P., Feb. 22, 1994)
That the offer of Mr. Jeffrey W. and Margaret Joy, 4179 Harlem
Road, Snyder, New York 14226, in the sum of $23,00.00 (Twenty Three Thousand
Dollars) to purchase the property described as 46 Metcalfe, 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, transfer tax, recording fees and cost of legal
description shall be paid by the purchaser; and
That within one year of the date of closing, the Purchaser shall have
repaired and improved the property in order to bring its condition into
compliance with all State and local laws, rules and regulations.
PASSED.
AYES- 13 NOES- 0.
No. 134
Convey 717 Sherman (Compt)
(Item # 27 CCP Feb. 22, 1994)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 135
Bids - Kensington Rec. Center (PW)
(Item # 24, CCP Nov. 30, 1993)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 136
Report of Bids - Cleaning Watermains
Porter and Jersey Avenue
(Item No. 46, C.C.P., Feb. 22, 1994)
That the above item be, and the same hereby is, returned to the
Common Council without recommendation.
Mr. Collins now moved to recommit to the Committee on Finance.
ADOPTED.
No. 137
Report of Bids - Cleaning Watermains
Contract 21A/21B
(Item No. 47, C.C.P., Feb. 22, 1994)
That the above item be, and the same hereby is, returned to the
Common Council without recommendation.
Mr. Collins now moved to recommit to the Committee on Finance.
ADOPTED.
No. 138
Change Contract
Carnevale Center
(Item No. 49, C.C.P., Feb. 22, 1994)
That the Commissioner of Public Works be, and he hereby is, authorized
to issue change order #1 to Marcon Erectors, Inc. in the amount of $1,740.00
for additional work under contract C-91697800 for work relating to the New
Window and Doors, Carnevale Center, with said cost to be charged against the
B/F 200-402-085 Division of Buildings.
PASSED.
AYES- 13 NOES- 0.
No. 139
Change Contract
University Heights Community Center
Concept Construction Co.
(Item No. 50, C.C.P., Feb. 22, 1994)
That the Commissioner of Public Works be, and he hereby is, authorized
to issue change order #7 to Concept Construction Co. in the amount of $6,626.00
for additional work under contract C-91592600 for work relating to University
Heights Community Center, with said cost to be charged against the B/F
200-402-518 Division of Buildings.
PASSED.
AYES- 13 NOES- 0.
No. 140
Change Contract
Mechanical Reconstruction
Kleinhans Music Hall
(Item No. 51, C.C.P., Feb. 22, 1994)
That the Commissioner of Public Works be, and he hereby is, authorized
to issue change order #2 to Frank C. Kellner Co. Inc. in the amount of
$4,787.00 for additional work under contract 91691200 for work relating to the
Mechanical Reconstruction of Kleinhan's Music Hall, with said cost to be
charged against the B/F 200-402-068 Division of Buildings.
PASSED.
AYES- 13 NOES- 0.
No. 141
Reduction in Retention
New Windows and Doors - Carnivale Center
(Item No. 48, C.C.P., Feb. 22, 1994)
That the Commissioner of Public Works be, and he hereby is, authorized
to the reduction in retention from 10% to 1 % on a contract with Marcon
Erectors, Inc., C-91697800 for installation of new doors and windows at the
Carnevale Center.
PASSED.
AYES- 13 NOES- 0.
No. 142
Report of Emergency Bid - 135 Krupp
(Item No. 129, C.C.P., Feb. 22, 1994)
That the above item be, and hereby is returned to the Common Council
without recommendation.
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.
PASSED.
AYES- 13 NOES- 0.
No. 143
Delaware Park Juicery
(Item No. 34, C.C.P., Jan. 25, 1994)
That the Commissioner of Parks be, and he hereby is authorized
to proceed with developing specifications and advertise for bids for the
concession at Delaware Park known as the Juicery.
ADOPTED.
No. 144
Certiorari Proceedings
Benchmark 325 Delaware Associates
325 Delaware Avenue
(Item No. 33, C.C.P., Feb. 22, 1994)
That the Corporation Counsel be, and he hereby is 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.
PASSED.
AYES- 13 NOES- 0.
No. 145
Department Policy On Used Tires (Sts)
(Item # 68 CCP Feb. 22, 1994)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 146
Appt. Member Water Finance Authority (Mayor)
(Item # 4 CCP Feb. 22, 1994)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
LEGISLATION
HON. ALFRED T. COPPOLA
CHAIRMAN
No. 147
H-H Acquisition Corporation
Rezone 9-13 Toledo Place, 1412-1418 Kenmore Avenue
from R-2 to C-2 for a Pharmacy
(Item No. 81, C.C.P., Feb. 8, 1994)
That the petition of H-H Acquisition Corporation, be and the same
is hereby denied because of strong neighborhood opposition, (see e.g. Item Nos.
94, and 95, C.C.P., March 8, 1994).
ADOPTED.
No. 148
Aviva Convenient Store, Petition to use
330 Mineral Springs - Pole Sign
(Item No. 101, C.C.P., Feb. 22, 1994)
That after a public hearing before the Committee on Legislation
on March 1, 1994, the petition of Aviva Convenient Store, for permission to use
330 Mineral Springs for a pole sign be, and hereby is approved.
PASSED.
AYES- 13 NOES- 0.
No. 149
Rich Marina Corporation
Petition to use 23 Austin
(Item No. 80, C.C.P., Feb. 8, 1994)
That the above item be, and the same hereby is, returned to the
Common Council without recommendation.
Mr. Coppola now moved to recommit to the Committee on Legislation.
ADOPTED.
No. 150
Rich Marina Corp. 23 Austin
Install Restroom and Shower Facilities
(Item No 65, C.C.P., Feb. 22, 1994)
That "Rich Marina Corporation - Petition to install (36' x 25')
restroom and shower facilities" is an unlisted action as defined in 6 NYCRR
Part 617.2. The Common Council has approval power over this item, and is
therefore an involved agency as defined in 617.2. As part of an uncoordinated
review, the Common Council has evaluated an Environmental Assessment Form (EAF)
on this item which has been completed by the applicant (Part 1) and by the City
Planning Board (Part II); and
Having made an independent assessment of the information contained in the
EAF, the Common Council adopts the findings set forth in Part II and, as a
result, finds that this proposed action will not result in any significant
adverse environmental impacts. Therefore, this Common Council issues a negative
declaration.
Mr. Coppola now moved to recommit to the Committee on Legislation.
ADOPTED.
No. 151
Use 23 Austin (C.P.BD.)
(Item # 7 CCP Feb. 22, 1994)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 152
Ordinance Amendment
Chapter 75 - Amusements
(Item No. 194, C.C.P., Feb. 22, 1994)
That the Ordinance Amendment as contained in Item No. 194, C.C.P.,
February 22, 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. 153
Ord. Adult Bookstores (CC)
(Item # 49 CCP Dec. 14, 1993)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 154
Request Ordinance Amendment
Wheelchair Lifts
(Item No. 190, C.C.P., Jan. 25, 1994)
That this Common Council requests the Corporation Counsel to amend
Chapter 11, Section 163-178, Elevator Registration Ordinance for private
wheelchair lifts to add the following provisions:
A) Waive the initial Certificate of Operation fee of $105.00 for private
wheelchair lifts and offer the Certificate of Operation at no charge based on
proof of a satisfactory inspection of the newly installed private wheelchair
lift.
B) Waive the Certificate of Operation renewal fee of $26.25 for private
wheelchair lifts.
C) The City will assume all additional inspections of private wheelchair
lifts after the first installation inspection is done by a certified private
inspection agency. Upon completion of a city initiated inspection, a fee of
$5.00 will be charged for administrative costs and the Certificate of Operation
will be renewed and issued based on proof of satisfactory inspection at no
additional costs.
ADOPTED.
No. 155
K. Smith Exempt Private Wheelchair Lifts From Inspection
(Item # 58 CCP Jan. 11, 1994)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 156
Ordinance- Responsibility Owners/Tenants (BMHA)
(Item # 81 CCP Feb. 22, 1994)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 157
T. Peccoraro Request Ordinance Pinball Machines
(Item # 96 CCP Feb. 22, 1994)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 158
V&T Regulations Tinted Windows (CC)
(Item # 51 CCP Nov. 3, 1993)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 159
V&T Regulations Tinted Windows (Pol)
(Item # 55 CCP Feb. 22, 1994)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 160
USDOA - Flooding/Water Quality Study
(Item # 98 CCP Feb. 22, 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. 161
L.D.A - Connecticut New Housing
(Item No. 70, C.C.P., Feb. 22, 1994)
That the above item be and hereby is returned to the Common Council
without recommendation.
The above Item has been set for a Public Hearing before the Common
Council, at this regularly scheduled meeting, this date, at 2:00 P.M., and that
a Notice of same has been published in the Buffalo News, a copy of which is
attached hereto.
On a Motion by Mr. Pitts, Seconded by Mr. Collins the item is properly
before the Common Council, and the Hearing be opened.
CARRIED.
Appearances: Louis Malucci- Community Revitalization
Rocco Termini- Gal Van Developers
Mr. Pitts moved that the hearing be closed. Seconded by Mr. Coppola.
CARRIED.
Mr. Perla moved:
WHEREAS, the Buffalo Urban Renewal Agency (herein referred to as the
"Agency") has duly designated Gal/van Developers, Inc. and/or other legal
entity to be formed as qualified and eligible Redeveloper in accordance with
rules and procedures duly adopted by the Agency; and
WHEREAS, the City Clerk has published a Notice of Public Hearing, as
required by Section 507, Subdivision 2 (d) of the "General Municipal Law"; and
NOW, THEREFORE, BE IT RESOLVED:
(1) That and/or other legal entity to be formed was duly designated as
qualified and eligible Redeveloper by the Buffalo Urban Renewal Agency, is
hereby approved as the Redeveloper for the Connecticut Street New Housing
Project in the Connecticut Street Revitalization Area.
(2) That the Mayor of the City of Buffalo and The Chairman or Vice
Chairman of the Buffalo Urban Renewal Agency is hereby authorized to execute
any and all deeds or other legal documents necessary to convey the land
described in the proposed "Land Disposition Agreement" to the Redeveloper
and/or other legal entity to be formed in accordance with the terms of said
Agreement and for the consideration recited therein.
PASSED.
AYES- 13 NOES- 0.
No. 162
L.D.A - Ellicott/Masten New Housing
(Item No. 71, C.C.P., Feb. 22, 1994)
That the above item be and hereby is returned to the Common Council
without recommendation.
The above Item has been set for a Public Hearing before the Common
Council, at this regularly scheduled meeting, this date, at 2:00 P.M., and that
a Notice of same has been published in the Buffalo News, a copy of which is
attached hereto.
On a Motion by Mr. Pitts, Seconded by Mrs. LoTempio the item is properly
before the Common Council, and the Hearing be opened.
CARRIED.
Appearances: Louis Malucci - Community Revitalization
Dennis Penman - M.J. Peterson Real Estate
Mr. Pitts moved that the hearing be closed. Seconded by Mr. Czajka.
CARRIED.
Mr. Perla moved:
WHEREAS, the Buffalo Urban Renewal Agency (herein referred to as the
"Agency") has duly designated M. J. Peterson/Forbes Housing, Co. and/or other
legal entity to be formed as qualified and eligible Redeveloper in accordance
with rules and procedures duly adopted by the Agency; and
WHEREAS, the City Clerk has published a Notice of Public Hearing, as
required by Section 507, Subdivision 2 (d) of the "General Municipal Law"; and
WHEREAS, the proposed Land Disposition Agreement has been duly submitted
to this Common Council by the Buffalo Urban Renewal Agency; and
NOW, THEREFORE, BE IT RESOLVED:
(1) That M.J. Peterson/Forbes Housing, Co. and/or other legal entity to
be formed was duly designated as qualified and eligible Redeveloper by the
Buffalo Urban Renewal Agency, is hereby approved as the Redeveloper for the
Ellicott-Masten New Housing Project.
(2) That the Mayor of the City of Buffalo and the Chairman or Vice
Chairman of the Buffalo Urban Renewal Agency is hereby authorized to execute
any and all deeds or other legal documents necessary to convey the land
described in the proposed "Land Disposition Agreement" to the Redeveloper
and/or other legal entity to be formed in accordance with the terms of said
Agreement and for the consideration recited therein.
PASSED.
AYES- 13 NOES- 0.
No. 163
BNRC - 93/94 Budget/Work Program
(Item # 55 CCP Jan. 11, 1994)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 164
Cit. Rapid Transit Com. Compensation Suburb. Migration
(Item # 85 CCP Nov. 3, 1993)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
CATV
HON JAMES W. PITTS
CHAIRMAN
No. 165
Issue RFP for New Cable Operator
(Item No. 200, C.C.P., Feb. 22, 1994)
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.
ADOPTED.
RESOLUTIONS
No. 166
By: Mr. Arthur
Reimburse Police Commissioner Kerlikowske For Transition Costs
And Moving Expenses
Whereas: R. Gil Kerlikowske, Commissioner of Police for the city
of Buffalo, incurred a number of expenses associated with his relocation to
Buffalo from Florida; and
Whereas: Moving expenses total $1566.86 and include $441.00 for an Airline
Ticket, $351.86 for UPS, and $774.00 for the shipment of furniture, while
transition costs total $992.15 for room and laundry at Journeys End Hotel, for
a combined incurred expense of $2,559.01; and
Whereas: Because Commissioner Kerlikowske was able to find living quarters
after only one month in Buffalo, he was able to avoid an additional two months
of transition costs to which he was entitled; and
Whereas: In order for the Commissioner to be reimbursed for these expenses,
it is necessary for this Common Council to approve his claim;
Now, Therefore, Be It Resolved:
That this Common Council approve the reimbursement and authorize payment
of $2,559.01 to Police Commissioner R. Gil Kerlikowske for costs associated
with his relocation to Buffalo.;
REFERRED TO THE COMMITTEE ON FINANCE, THE MAYOR, THE COMPTROLLER AND THE
CORPORATION COUNSEL.
No. 167
By: Messrs. Arthur and Fahey
City Of Buffalo
Local Law No _____ (1994)
Introductory No. 2 (1994)
A LOCAL LAW adding Section 247 of Article 12 of the Charter of
the City of Buffalo in relation to a citizen complaint process.
BE IT ENACTED BY THE COMMON COUNCIL OF THE CITY OF BUFFALO AS FOLLOWS:
Section 1. That Section 247 of Article 12 of the Charter of the City of
Buffalo, adopted pursuant to law, be added to read as follows:
Sec. 247. Citizen Complaint Process.
Beginning July 1, 1994 the Commissioner of Police shall be charged with
the power and duty to establish a citizen complaint process which shall include
the following:
(a) Publishing a brochure precisely explaining the Internal Affairs
Process;
(b) Developing a standard complaint control form;
(c) Establishing and maintaining a comprehensive management information
system which would record each complaint, the date of each complaint, action
taken, referrals, investigations, disposition, discipline and response to each
complainant including the date of each response;
(d) Publishing an annual report which is made available to the public,
summarizing the activities of the Internal Affairs Unit;
(e) Establishing a list of alternative sites where citizens may obtain
standard complaint forms and where citizens may file complaints; and
(f) Establishing a conciliation process for certain complaints.
Section 2. This local law shall take effect immediately.
APPROVED AS TO FORM
Edward D. Peace
Corporation Counsel
REFERRED TO THE COMMITTEE ON LEGISLATION AND THE COMMISSIONER OF POLICE.
No. 168
By: Mr. Collins
Transfer of Funds
Parking Enforcement - Parking Violations Bureau
Parking Enforcement - Capital Outlay
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
$18,000 be and the same is hereby transferred from Parking Enforcement -
Parking Violations Bureau, and said sum is hereby reappropriated as set forth
below:
From:
100 General Fund
064 - Parking Enforcement
022 - Parking Violations Bureau
572 - Legal Services $18,000
To:
100 General Fund
064 - Parking Enforcement
085 - Capital Outlay
960 - Special Structures & Fixed Equipment $18,000
PASSED.
AYES- 13 NOES- 0.
No. 169
By: Mr. Collins
Transfer of Funds
Fringe Benefits
Trust and Agency
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
$22,045 be and the same is hereby transferred from the Fringe Benefits - Social
Security account and said sum is hereby reappropriated as set forth below:
From:
813 Fringe Benefits
156 - Social Security System $22,045
To:
630-065-237 Trust and Agency $22,045
PASSED.
AYES- 13 NOES- 0.
No. 170
By: Mr. Collins
Transfer of Funds
Exempt Items - Water
Distribution Systems - Water
That pursuant to section 42 of the Charter and the Certificate
of the Mayor and the Comptroller submitted to the Common Council, the sum of
$44,437 be and the same is hereby transferred from the Capital Projects Account
Reserve and said sum is hereby reappropriated as set forth below:
From:
410 Enterprise Fund - Water
81-9- Exempt Items
845 - Reserve for Capital Improvements $44,437
To:
410 Enterprise Fund - Water
015 - Distribution Systems
561 - Road and Highway Repairs $44,437
REFERRED TO THE COMMITTEE ON FINANCE.
No. 171
By: Mr. Collins
Ordinance Amendment
Chapter 144 of Chapter 175 - Fees
The Common Council of the City of Buffalo does hereby ordain as
follows:
That the fees of Chapter 144-15 of Chapter 175, landscaping contractor
license, be amended to read as follows:
Landscaper Contractor $100.00
[Vehicle Certificate] [$ 10.00]
Approved as to form
Edward D. Peace
Corporation Counsel
Note: Matter in brackets [ ] to be deleted.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 172
By: Mr. Collins
Dangerous Conditions on the Westbound Entrance Ramp to the Kensington
Expressway at Grider Street
Whereas: On October 8, 1993, Channel 7 Eyewitness News reported
on the dangerous conditions that exist on the westbound entrance ramp to the
Kensington Expressway (Route 33) at Grider Street; and
Whereas: Over the past two years, three serious accidents at this location
have been reported to the Buffalo Police Department; and
Whereas: Residents have complained about the unsafe and deplorable
conditions at this entrance ramp, resulting in several near collisions in
addition to the serious accidents. There is great concern regarding the
serious flaws in the design and construction of the ramp, particularly the lack
of guardrails; and
Whereas: One accident that occurred at this location in 1991 left a man with
a spinal injury after the van he was driving was sideswiped at the intersection
of Grider and Warwick, causing the van to plunge down the embankment onto the
Kensington Expressway. There were no guardrails to shield him from the nearly
20-foot fall; and
Whereas: In 1993 a similar accident occurred in nearly the same spot with
the same unsafe conditions still not corrected;
Now, Therefore Be It Resolved:
That the Common Council of the City of Buffalo request the New York State
Department of Transportation to investigate and report back to this Council on
the dangerous conditions that exist on the westbound entrance ramp to the
Kensington Expressway (Route 33) at Grider Street; and
Be It Further Resolved:
That the New York State Department of Transportation be requested to
rectify any dangerous conditions that may exist at said ramp; and
Be It Further Resolved:
That the City Clerk be requested to send certified copies of this
resolution to the New York State Department of Transportation.
ADOPTED.
No. 173
By: Mr. Collins
Reach Out Conference '94
Whereas: On March 25 through March 27, 1994, a first-ever "Reach
Out Conference" will be held at the Hyatt Regency Hotel in downtown Buffalo;
and
Whereas: Sponsored by the Evangelistic Outreach Team of the Refuge Temple of
Christ Church on Jefferson Avenue, the conference is expected to attract
participants from throughout Buffalo as well as various other cities; and
Whereas: Various workshops will be held on such topics as evangelism, street
ministry, Spiritual warfare and youth Outreach; and
Whereas: The goal of the conference is to address the problems of murder,
drugs, burglary, violence, unrest and employment that plague our nation; and
Whereas: This conference is a worthwhile and constructive effort to develop
solutions to these problems and to improve the moral, ethical and Spiritual
climate of this nation;
Now, Therefore Be It Resolved:
That this Common Council commend Bishop Robert L. Sanders, Sister Malinda
Daniels, Brother Larry Wiggins and the rest of the organizers of "Reach Out
Conference '94" for their extraordinary commitment to improving the community;
Be It Further Resolved:
That this honorable body also express the sincere hope that "Reach Out
'94" will be an extraordinarily Successful event, and encourage local residents
to take part in what should be an outstanding conference.
ADOPTED.
No. 174
By: Mr. Coppola
Ordinance Amendment - Fire Sprinkler Connections
Ch. 175, Sec. 491-74 Water Rates
Whereas: Presently, all City property owners who are metered water
users and have a fire sprinkler system on their property also receive an extra
fee for the fire sprinkler connection; and
Whereas: This extra fee for the fire sprinkler connection is in addition to
the quarterly metered water bill; and
Whereas: Property owners are charged for all uses of water on the fire
sprinkler system, except in the event of a fire; and
Whereas: It appears that property owners are being penalized for having
added safety precautions on their properties; and
Whereas: It also appears that this additional charge is unfair and
unnecessary;
Now, Therefore Be It Resolved:
That this Common Council requests the Corporation Counsel to draft an
Ordinance Amendment of Ch. 175, (Section 491-74 Water Rates) deleting the
additional charge for Fire Sprinkler Connections from metered users.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE COMMISSIONER OF PUBLIC WORKS AND
THE CORPORATION COUNSEL.
No. 175
By: Mr. Czajka
Bridge Replacement/Traffic Signals-Bailey Ave.
Whereas, the New York State Department of Transportation proposes
a project described as: Bridge Replacement; Route 62, Bailey Avenue over
Conrail; which includes a portion of Bailey Avenue between Broadway and Walden
Avenue and;
Whereas, this project will involve the complete reconstruction of the
traffic signal systems at the intersection of Bailey Avenue and Broadway and at
the intersection of Bailey and Walden Avenues and;
Whereas, the New York State Department of Transportation will provide
traffic control devices and make the necessary improvements as provided in the
contract documents for contract: Capital PIN 5307.71;
Now Therefore Be It Resolved: that the Common Council of the City of
Buffalo does hereby authorize the New York State Department of Transportation
to perform the necessary work on these signal systems.
Be It Further Resolved: that the City of Buffalo will continue to
maintain these facilities upon completion and acceptance of this project.
Be It Further Resolved: that the City Clerk be, and hereby is directed
to, transmit four (4) certified copies of this resolution to the New York State
Department of Transportation.
ADOPTED.
No. 176
By: Mr. Czajka
Change Water Billing System For Swimming Pool Owners
Whereas: A number of homeowners in the City of Buffalo who have
swimming pools have expressed concerns about how the current water billing
system impacts upon them; and
Whereas: At the present time, the swimming pool billing system is broken
down into two of the four billing periods, May 1 to July 31 and August 1 to
October 31; and
Whereas: This six-month system incorporates almost three months of billing
during a time when this area's weather generally makes pool use impractical;
and
Whereas: Pool owners have suggested that the City consider restructuring
this billing system so that it better reflects swimming pool usage;
Now, Therefore Be It Resolved:
That the City's Division of Water be requested to provide an explanation
of its billing practices regarding homes that have swimming pools; and
Be It Further Resolved:
That the Division of Water also advise this honorable body about the
feasibility of restructuring or amending the water billing system for
homeowners who have private swimming pools in order to address the concerns
expressed in this resolution.
REFERRED TO THE COMMITTEE ON FINANCE, THE COMMISSIONER OF PUBLIC WORKS AND THE
CORPORATION COUNSEL.
No. 177
By: Mr. Fahey
Appointment to the Animal Shelter Advisory Board
Now Therefore Be It Resolved That:
The Common Council does hereby appoint the following individual to the
Animal Shelter Advisory Board as a representative of the Theater District
Association:
R. Mark Storch
763 Main Street
Buffalo, New York 14203
ADOPTED.
No. 178
By: Mr. Franczyk
Assign Police Officers to Streets Sanitation
and Public Works Departments
Whereas: Many areas within the City of Buffalo are beset by problems
of sidewalks being not cleared of snow and ice, as well as, garbage and trash
being put out improperly or dumped illegally; and,
Whereas: Local ordinances prohibit dumping of trash; require property owners
to put out garbage and trash according to clear and outlined rules; as well as,
requiring same to clear property frontage of snow and ice; and,
Whereas: The Streets Sanitation and Public Works Departments are charged
with enforcing Ordinances and rules that relate to maintenance of sidewalks,
and disposal of garbage and trash; and,
Whereas: Until recently, a Police Officer had been dedicated by the Police
Department to issue summonses to violators of above mentioned ordinances and
rules; and,
Whereas: Since the recent retirement of Officer Bob Maturski, no new Police
officer has been named to replace him in his duties; and,
Whereas: As a result of this vacancy, the aforementioned problems have been
compounded:
Now, Therefore Be It Resolved:
That this Common Council urge the Commissioner of Police to name the
appropriate number of Police Officers, who shall issue summonses to violators
of City of Buffalo rules and ordinances governing the maintenance of sidewalks
and the disposal of garbage and trash on a full-time basis.
ADOPTED.
No. 179
By: Mr. Franczyk
Create Task Force to Study City-Wide Design Review
Whereas: The City of Buffalo is one of a number of cities in the
United States that has codified standards relating to the alteration and new
construction of buildings; and,
Whereas: The enforcement of these standards is currently overseen by the
City Planning Board, City Preservation Board and neighborhood design review
boards; and,
Whereas: One of the weaknesses of the neighborhood design review boards is
the lack of professional guidance offered to their members; and
Whereas: As a result of this lack of professional support, alterations and
new construction are being carried out that run counter to goals and standards
outlined in Urban Renewal plans; and,
Whereas: Because Design Review standards have been limited to small
geographical areas, there have been many redevelopment projects carried out in
the City of Buffalo that have not respected our architectural heritage, nor
followed sound urban planning and design principles; and,
Whereas: In light of the above-stated limitations of design review of
development projects in the City of Buffalo, it is essential that this system
be expanded to other geographical areas of the City, and the currently existing
design review boards be strengthened;
Now, Therefore Be It Resolved:
That this Common Council create a Design Review Task Force to study new
models for the strengthening and expansion of the current system of design
review of development projects in the City of Buffalo; and,
Be It Further Resolved That:
The Task Force, to be headed by Councilmember Franczyk shall be comprised
of the following individuals:
Alex Herlovitch, Planner, City of Niagara Falls, Ont.
4883 Jepson St.
Niagara Falls, Ont. L28 1J9
Ted Lownie, Architect
172 Allen St.
Buffalo, NY 14201 and,
Be It Further Resolved:
That the following City Departments and outside institutions be invited
to name representatives as members of the Task Force:
1. The Mayor's Office
2. City of Buffalo Corporation Counsel
City of Buffalo's Department of Community Development
3. Commissioner's Office
4,5. Division of Planning (2)
6. Division of Development
7. City Planning Board
8. City Preservation Board
9. The Broadway-Fillmore Design Review Board
10. The Grant-Ferry Design Review Board
11. The Main Street Initiatives Commission
City of Buffalo's Department of Public Works
12. Architect's Office
13. Permit Office
City of Buffalo's Department of Inspections and Community Revitalization
14. Division of Housing and Property Inspections
15. The School of Architecture and Planning at the University of Buffalo
16. Preservation Coalition of Erie County
17. Friends of Olmsted
ADOPTED.
No. 180
By: Messrs. Helfer & Bell
Establish New On-Street Parking Guidelines
Whereas: The substantial amount of snow the city has received this
year has oftentimes caused driving to be quite hazardous, particularly on the
residential side streets and secondary routes; and
Whereas: The City of Buffalo has been able to successfully clear snow and
ice off the main roads in order to facilitate safe driving conditions.
However, the residential streets have been difficult to clear due to the
alternate parking and no parking restrictions; and
Whereas: There are various types of alternate parking and no parking
restrictions on side streets and secondary routes throughout the city. This
often creates a serious problem when snow and ice build up on the side of the
street where cars are parked; and
Whereas: Changing the varied alternate parking and no parking restrictions
to a uniform citywide policy of daily alternate parking would help alleviate
problems with snow removal in the cold months, and allow for street cleaning in
the warm months; and
Whereas: Special needs in certain areas of the city require no restrictions
on parking on the weekends, such as the West Side where the lack of driveways
make it difficult to find parking on residential streets; and
Whereas: The Commissioner of Street Sanitation has expressed an interest in
the development of a more effective parking regulation program in residential
areas;
Now, Therefore Be It Resolved:
That the Common Council request the Commissioners of Street Sanitation
and Public Works, and the Director of Parking Enforcement to propose a parking
regulation program whereby the various alternate parking and no parking
restrictions on residential side streets and secondary routes be changed to
allow for a more effective snow removal and street cleaning program. This
program should include a uniform policy of alternate parking on a daily basis
on Monday through Friday, with special consideration given to those areas of
the city where Saturday and Sunday conditions warrant exceptions.
Be It Further Resolved:
That the Commissioners of Street Sanitation and Public Works, and the
Director of Parking Enforcement be requested to file their proposed parking
regulation program with the Council.
ADOPTED.
No. 181
By: Mrs. Lockwood
Include Review Of Outstanding
Debt As Part Of Claims Procedure
Whereas: The city of Buffalo faces numerous claims for restitution
or reimbursement from individuals and businesses who cite personal injury,
property damage, wage and benefit adjustments, prior fiscal year billing
arrears, and other matters; and
Whereas: These claims are investigated for validity by the city through the
Law Department, which then recommends settlements of the claims; and
Whereas: Although the Law Department verifies the legitimacy of the claim,
the review it conducts does not include an analysis of any outstanding debts,
such as tax and water and sewer bill arrears or parking violations, which may
be owed to the city by the claimant; and
Whereas: Including a review of the claimant's potential arrears status would
enable the city to identify parties who owe money to the city and,
subsequently, to take appropriate action to apply the claim award toward the
outstanding debt;
Now, Therefore, Be It Resolved:
That this Common Council request that the Department of Law, in
conjunction with the Departments of Audit and Control and Administration and
Finance, incorporate a review of any possible arrears of city obligations on
the part of the claimant as standard procedure in the investigation of claims
against the city of Buffalo; and
Be It Further Resolved:
That the Corporation Counsel file a report with this Honorable Body as to
the feasibility and legality of implementing a program whereby money owed to
the city would be applied against the debt prior to the payment of a valid
claim against the city.
ADOPTED.
No. 182
By: Mrs. LoTempio
Ordinance Amendment
Chapter 35 - Personnel Policies
The Common Council of the City of Buffalo does hereby ordain as
follows:
That Section 35-6 of Chapter 35 of the Code of the City of Buffalo be
amended by adding a new subsection (C) to read as follows:
C. The provisions of this section may be waived by the appointing authority
upon a finding that the best interests of the city will be served thereby,
provided that the municipal civil service commission consents to such waiver,
and provided further that no such waiver shall be granted for more than six
months.
APPROVED AS TO FORM
Edward D. Peace
Corporation Counsel
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
No. 183
By: Mrs. LoTempio
Salary Ordinance Amendment
20 - Department of Police
1 - Office of the Police Commissioner
001 - Administrative
The Common Council of the City of Buffalo do ordain as follows:
That part of Section l of Chapter 35 of the Ordinances of the City of
Buffalo, relating to 20 - Department of Police - Office of Police Commissioner
- Administrative, is hereby amended by adding thereto:
1 Secretary to the Commissioner of Police $20,120 - $21,868
We, R. Gil Kerlikowske, Commissioner of Police and James B. Milroy,
Director of the Budget, hereby certify that the addition of one (1) Secretary
to the Commissioner of Police 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
Corporation Counsel
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
No. 184
By: Mrs. LoTempio
Salary Ordinance Amendment
61 - Stadium & Auditorium
1-031- Pilot Field - Operation & Maintenance
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 61-1-31 Stadium & Auditorium - Pilot Field - Operation &
Maintenance, which reads:
1 Account Clerk Typist $20, 120 - $22,465
1 Laborer I Hourly $ 8.69 - $ 9.75
is hereby amended to read as follows:
1 Laborer II Hourly $ 9.38 - $ 10.67
We, John P. Scanlon, Chairman of the Board of Stadium & Memorial
Auditorium and James B. Milroy, Director of the Budget hereby certify that the
elimination of one (1) Account Clerk Typist and one (1) Laborer I Hourly and
the creation of one (1) Laborer II Hourly 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 statements 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.
This ordinance shall take effect April 1, 1994.
APPROVED AS TO FORM
Edward D. Peace
Corporation Counsel
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
No. 185
By: Messrs. Perla & Pitts
Set Public Hearing
Proposed Land Disposition Agreement For Disposition Parcel 12a-112 Niagara St.
Niagara Group, Inc., Redeveloper
Whereas, Niagara Group, Inc. and/or other legal entity to be armed
(herein referred to as the "Redeveloper") has been duly designated as qualified
and eligible Redeveloper in accordance with the rules and procedures prescribed
by the City of Buffalo Urban Renewal Agency; and
Whereas, the City of Buffalo Urban Renewal Agency and the Redeveloper
have negotiated a Land Disposition Agreement for Disposition Parcel 12A-112
Niagara Street in the Waterfront Redevelopment Project NYR-35; and
Whereas, the terms of said Land Disposition Agreement have been approved
by the City of Buffalo Urban Renewal Agency; and
Whereas, said Land Disposition Agreement has been forwarded by the City
of Buffalo Urban Renewal Agency to this Common Council for action, pursuant to
section 507, subdivision 2(d) of the General Municipal Law; and
Whereas, Article 15A of the "General Municipal Law" requires that the
disposition of land in an Urban Renewal Project may be approved only after a
public hearing on due notice.
Now, Therefore, Be It Resolved:
1. That the City Clerk is hereby directed to publish the notice attached
hereto and marked "Notice of Hearing" in the Buffalo News, no later than the
11th day of March 1994.
2. That this Common Council will conduct a Public Hearing on the matter
stated in said "Notice of Hearing" at 2:00 P.M. in the Council Chambers on the
22nd day of March 1994.
ADOPTED.
No. 186
By: Mr. Zuchlewski
Assistance to Walgreen's to Develop Buffalo Market
Whereas: Several months ago, Walgreen's announced their intentions
to expand into the W.N.Y. market, which included three City of Buffalo
locations and plans for several more in the near future, and
Whereas: Since they announced their plans, Walgreen's has been met with a
less than enthusiastic welcome by the neighborhoods where they intended to
enter even though they intend to invest $1.5 million and employ about 30 people
in each store, and
Whereas: The most controversial portion of their plans were to demolish
existing houses on Parkside Ave. and on Toledo Pl. which led to the
reconfiguring of one site and the withdrawal of their plans for the other site,
and
Whereas: It is quite clear that Walgreen's and their local developers, H & H
Development, under estimated the extent to which people would go to fight the
demolition of existing housing in their neighborhoods and the reluctance on the
part of the Common Council to go against the wishes of their constituents, and
Whereas: From the beginning, it was obvious that there had been no
coordination with the past or current administration or the Department of
Community Development, and
Whereas: The City of Buffalo has been in the midst of a fiscal crisis for
the past few years and desperately needs to expand our shrinking tax base, and
Whereas: If we are going to increase the tax base we must attract new
investment to the City of Buffalo but it should be done in a coordinated,
planned fashion that blends the needs of new business with the needs of our
neighborhoods,
Now, Therefore, Be It Resolved,
That this Common Council direct the Department of Community Development
to contact the officials of Walgreens and H & H Development to coordinate, plan
and assist them in the fixture investment and development in the City of
Buffalo, and
Be It Further Resolved,
That this Common Council go on record as welcoming the investment of
Walgreen's in the City of Buffalo and that we wish to work with them in a
coordinated manner to encourage them to locate in our city in such a manner
that doesn't conflict with the surrounding neighborhoods.
ADOPTED.
AYES- COLLINS, CZAJKA, FAHEY, FRANCZYK, HELFER, PERLA, PITTS, ZUCHLEWSKI- 8.
NOES- ARTHUR, BELL, COPPOLA, LOCKWOOD, LOTEMPIO- 5.
No. 187
By: Mr. Zuchlewski
Consult City on Location of New School
Whereas: The Buffalo Board of Education has been searching for
a location for a new Northwest Academy, and
Whereas: They have also sent out a "Request for Proposals" to local
architectural and engineering firms on the design of the proposed facility, and
Whereas: The potential sites for the "Northwest Academy" are also sites for
planned or potential commercial development in the area, and
Whereas: The Board of Education would have to seek funds from the City of
Buffalo Capital Budget for the construction of this proposed school,
Now Therefore, Be It Resolved,
That this Common Council request that the Board of Education consult the
Common Council and the Department of Community Development before any final
decisions are made on the location of the proposed "Northwest Academy."
ADOPTED.
No. 188
By: Mr. Zuchlewski
Include Board of Education in Budget Committees
Whereas: The Buffalo Board of Education receives $58,816,357 in
City of Buffalo property taxes which represents 41% of the City of Buffalo
property tax levy, and
Whereas: In the entire budget, the Board of Education receives $325,268,542
which represents 58.2% of the total city budget of $558,975,624, and
Whereas: Including permanent, temporary and substitute teachers, the Board
of Education has almost 10,000 employees in contrast to the City of Buffalo
which has approximately 4100 employees, and
Whereas: The City of Buffalo has a projected deficit in the 1994-95 budget
year of approximately $31 million which does not include any increased funding
for the Board of Education, and
Whereas: Included in the preliminary budget gap closing list are
recommendations to consolidate come City departments with the Board of
Education, and
Whereas: The Mayor of the City of Buffalo recently announced the formation
of Budget Committees to attempt to deal with the projected deficit and the
Board of Education and their employee unions were not represented on these
committees, and
Whereas: It appears that we are attempting to close a sizable budget gap
that leaves out an entity that has more that twice the employees of the City,
which represents 58.2% of our budget and who we are looking to in order to
consolidate departments,
Now, Therefore, Be It Resolved,
That this Common Council request Mayor Anthony Masiello to include
representatives from the Board of Education and its employee unions on the
budget committees that will work toward closing the anticipated $31 million
budget deficit.
ADOPTED.
AYES- BELL, COLLINS, COPPOLA, CZAJKA, FAHEY, FRANCZYK, HELFER, LOCKWOOD,
LOTEMPIO, PERLA, PITTS, ZUCHLEWSKI- 12.
NOES- ARTHUR- 1.
No. 189
By: Mr. Zuchlewski
Union Participation on Budget Committees
Whereas: The City of Buffalo is facing a budget deficit of over
$30 million in the 1994-95 budget year, and
Whereas: The Mayor has compiled a list of options to close this projected
budget deficit, and
Whereas: In order to study the problem in greater detail, the Mayor has
formed committees that included members of the administration, Councilmembers
and union leaders in order to attempt to come to a consensus on closing this
budget gap, and
Whereas: Three of the four major City unions have decided not to participate
in these committees, and
Whereas: In order to solve this year's projected gap, and to put the city on
the correct path to putting our financial house in order for the future, we
need the Administration, the Common Council and City employees all working
together towards this common goal,
Now, Therefore, Be It Resolved,
That this Common Council encourage the City unions that have chosen not
to participate in the Mayor's budget committees, to reconsider their decision
and work with the Mayor and the Common Council toward solving our financial
problems in the current fiscal year and future years.
ADOPTED.
No. 190
By: Mr. Zuchlewski
Ordinance Amendment
Chapter 96 - Bonds and Contracts
The Common Council of the City of Buffalo does hereby ordain as
follows:
That subsection B, Section 96-7 of Chapter 96 of the Code of the City of
Buffalo be amended to read as follows:
B. Where the cost of such purchase does not exceed [twenty-five thousand
dollars ($25,000.),] one hundred thousand dollars ($100,000.). and unusual
circumstances are presented, the Common Council may, upon the recommendation of
the Commissioner of General Services, waive the requirements of a performance
bond or the alternatives set forth in this section upon such terms and
conditions as may be imposed by the Common Council or the Commissioner of
General Services.
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. 191
By: Mr. Zuchlewski
Appointments Commissioner of Deeds
That the following persons are hereby appointed as Commissioner
of Deeds for the term ending December 31, 1994, conditional upon the person so
appointed certifying under oath to their qualifications and filing same with
the City Clerk:
Linda A. Malkiewicz
Bogdan Kotnis
Lynn A. Lee
Brenda Roman
David P. Rutecki
Anulette A. Lewis
Total: 6
ADOPTED.
No. 192
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 15, 1994 9:30 AM
Finance Tuesday, Mar 15, 1994
Immediately Following Civil Service
Legislation Tuesday, Mar 15, 1994 2:00 PM
Economic Dev. Wednesday, Mar 16,1994, 10:00 AM
No. 193
Adjournment
On a motion by Mr. Pitts, Seconded by Mr. Helfer the Council adjourned
at 3:55 P.M.
Charles L. Michaux, III
City Clerk