HomeMy WebLinkAbout94-0419
No.1 8
Common Council
Proceedings
of the
City of Buffalo
Regular Meeting, April 19, 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.
GREENWAY TASK FORCE:
Brian Higgins, Chairman, James August, Frederick Holman,
Barry Boyer, Allan Jamieson, Lucy Cook, Jesse Kregal, Mark Mistretta, Thomas
Pallas, Philip Snyder, Lorraine Pierro, Cynthia Schwartz, Ann Poole, Suzanne
Toomey-Spinks, Dr. Rae Rosen, Margaret Wooster, Jerry Malloy.Davd P. Comerford,
Tammy Barnes, Terry Wherry
CORPORATION PROCEEDINGS
COMMON COUNCIL
CITY HALL- BUFFALO
Tuesday, April 19, 1994
at 2:00 P.M.
PRESENT- George K. Arthur, President of the Council, and Council
Members Bell, Collins, Coppola, Czajka, Fahey, Franczyk, Helfer, Lockwood,
LoTempio, Pitts, and Zuchlewski- 12.
ABSENT- Councilmember Perla- 1.
On a motion by Mr. Pitts, seconded by Mr. Bell, the minutes of the stated
meeting held on April 5, 1994 were approved.
FROM THE MAYOR
No. 1
Extension of Deadline for Recommended Budget Submission
I am requesting Your Honorable Body's approval of a Local Law
that would allow a delay in the submission of my 1994-95 recommended budget
from May 1, 1994 to May 15, 1994.
This request is necessitated by the lack of sufficient information
regarding the amount of State aid that will be available to the City of Buffalo
and the Buffalo Board of Education in the upcoming fiscal year. As you are well
aware, the City has requested $ 15 million in extraordinary aid from the State
in order to assist us in closing a budget gap that may now be as large as $34.3
million. No such aid was included in the Governor's recommended budget, but
discussions have been ongoing with both the Governor and the legislature.
While I remain optimistic that aid will be forthcoming, details will not be
available until the terms of the State budget are finalized.
It is my belief that such information should be available before I am
required to submit my recommended budget. It is my hope that this two-week
extension will provide sufficient time to receive such information from the
State. However, I realize that the City cannot have an open ended budget
schedule as property tax bills should be prepared and distributed by the start
of the fiscal year on July 1. This is why I am requesting a Local Law that
would provide a budget by the twentieth of June, which Commissioner Tanzella
has indicated is the latest possible day. In the event that State aid
information is available earlier than expected, I will make every effort to
release my budget before May 15th.
I believe it is in the best interest of Buffalo residents that my budget
recommendation be based on the best information available from the State
budget. I appreciate the cooperation of Your Honorable Body in this matter.
RECEIVED AND FILED.
No. 2
Appointment of Member Of
Citizens Salary Review Commission
Pursuant to the powers vested in me by Article 24, Section 452-A
of the Charter of the City of Buffalo, as amended by Local Law No. 5 (1979), I
hereby appoint Trevor M. Fuller residing at 112 Bidwell Parkway, Buffalo, NY
14222, as a member of the Citizens Salary Review Commission for a term expiring
December 31, 1997.
I hereby certify that Trevor M. Fuller is fully qualified for appointment
to the Citizens Salary Review Commission.
RECEIVED AND FILED.
No. 3
Appointment of Members of Buffalo Arts Commission
Pursuant to the powers vested in me by Chapter 6, Article V, Section
6-26 of the Buffalo Code, I hereby appoint the following persons as members of
the Buffalo Arts Commission effective April 5, 1994:
Elizabeth Ann Hudnut Clarkson
156 Bryant Street
Buffalo, NY 14222
Walter Prochownik
734 Richmond Avenue
Buffalo, NY 14222
Brigitte Barrell
165 Summer Street
Buffalo, NY 14222
D. Bruce Johnston
284 Rivermist
Buffalo, NY 14202
William J. Magavern Il
80 Cleveland Avenue
Buffalo, NY 14222
D. Bruce Johnston will succeed Dr. Thomas A. Jambro. Dr. Johnston was
Chancellor of the State University of New York and served for nine years as
President of the State University College at Buffalo. Dr. Johnston holds a B.A.
in Economics and a Master of Arts in teaching from Harvard and a Ph.D. in
Education from the University of Minnesota.
I hereby certify that the above listed persons are fully qualified to
serve as members of the Buffalo Arts Commission.
RECEIVED AND FILED.
No. 4
Appointment of Member of the
Horizons Waterfront Commission, Inc.
Pursuant to the powers vested in me by Section 3 (ii) of Article
II of the By-Laws of the Horizons Waterfront Commission, Inc., as amended and
by the Horizons Waterfront Inter-Municipal Cooperation agreement, I hereby
appoint Sergio Fornasiero, residing at 164 Rivermist Drive, Buffalo, NY 14202,
as a voting Director of the Horizons Waterfront Commission, Inc., effective
April 12, 1994 for a term expiring March 2, 1996.
Mr. Fornasiero will replace Rosanne Frandina, whose term has expired.
Mr. Fornasiero attended Michigan State University and has a BA Degree in
Business. Mr. Fornasiero served as President and CEO of Fornasiero Bros., Co.
from 1962 - 1988.
Mr. Fornasiero is involved in numerous community and professional
organizations:
- Buffalo & Erie County Urban Waterfront Advisory Board
- NYS Coastal Management Citizens' Advisory
Committee
- Friends of Shea's Buffalo Theatre
- Citizens to Save Historic Post Office
- Former Director, Construction Industry Employers
Assoc.
- Former Director, Greater Buffalo Development
Foundation
Based on all the above, I hereby certify that Mr. Sergio Fornasiero is
fully and uniquely qualified for appointment as a voting Director of the
Horizons Waterfront Commission, Inc.
RECEIVED AND FILED.
No. 5
Appointment of Director of the
Western Regional Off-Track Betting Corporation
Pursuant to Chapter 346 of the Laws of the State of New York of
1973 and Resolution #177 of C.C.P. of July 10, 1973, I hereby appoint, subject
to confirmation by Your Honorable Body, Lewis J. Sinatra, residing at 185 Troy
Del Way, Williamsville, NY 14221, as Director of the Western Regional Off-Track
Betting Corporation representing the City of Buffalo. Mr. Sinatra will succeed
the present director, Mr. Paul E. Scully, 220 Norwalk Avenue, Buffalo, NY
14216.
Based on Mr. Sinatra's background and involvement in various community
related organizations, I hereby certify that he is fully qualified to represent
the City of Buffalo as Director of the Western Regional Off-Track Betting
Corporation.
RECEIVED AND FILED.
FROM THE MAYOR - EXECUTIVE DEPARTMENT
FROM THE CITY PLANNING BOARD
No. 6
A. Tenebra, 1199 Hertel Avenue
Item No. 91, C.C.P., April 5, 1994
The City Planning Board at its regular meeting held Tuesday, April
12, 1994, considered the above application pursuant to Section 511-59 of the
Buffalo Code (Hertel Avenue District). The applicant seeks to convert and use
1199 Hertel Avenue for the expansion of an existing sit-in restaurant at 1197
Hertel Avenue. The City Planning Board voted to approve the restaurant
expansion with the condition that any proposed signage for the restaurant
conform to the "C2" standards.
RECEIVED AND FILED.
No. 7
Petroleum Sales, 650 Tonawanda St.
Item No. 93, C.C.P., April 5, 1994
The City Planning Board at its regular meeting held Tuesday, April
12, 1994, considered the above application pursuant to Section 387-19 of the
Buffalo Code (application for billboard, ground sign or pole sign permit).
The applicant seeks to erect a 6 foot by 9 foot, illuminated, 20-foot
high pole sign. The site is located in a "C2" zone which allows this signage.
The City Planning Board voted to approve the above-referenced sign.
RECEIVED AND FILED.
No. 8
E.C.I.D.A. - Use Of 100 River Rock
Item No. 96, C.C.P., March 22, 1994
The City Planning Board at its regular meeting held Tuesday, April
12, 1994, considered the above application pursuant to Section 387-19 of the
Buffalo Code (application for billboard, ground sign or pole sign permit).
The applicant seeks to install two non illuminated (4 foot by 8 foot)
ground signs with an overall height of 8 feet.
The site is located in a "M2" zone which allows these signs.
The City Planning Board voted to approve the above-referenced item.
RECEIVED AND FILED.
No. 9
P. Elia - Request To Erect a One-Story Restaurant With an Outdoor Patio at 211
Porter
Item No. 94, C.C.P., April 5, 1994
The City Planning Board at its regular meeting held Tuesday, April
12, 1994, considered the above request pursuant to Sections 511-62 and 511-68,
Special Zoning District and the Niagara Coastal Special Review District.
The applicant seeks to build a 24 foot by 30 foot (750 square feet)
custard stand with an outdoor patio and an 18-car accessory parking lot.
The site is located in the Porter-Busti District which allows eating and
drinking places but only upon the approval of your Honorable Body. The site is
also within the Niagara Special Coastal Review District but is not located near
the waterfront. Lastly, the site is contiguous to the Olmsted Parks and Parkway
District which is both a local and national register historic district.
Consequently, under SEQR it must be considered a Type I action. In this
regard, the project design was reviewed by representatives of the Buffalo
Preservation Board and found to be "compatible with the neighborhood."
Given this, the Board recommended approval of the proposed restaurant and
that your Honorable Body issue a negative declaration pursuant to SEQR
regulation.
RECEIVED AND FILED.
No. 10
T.D.I.- Various Railroad Bridge Advertising
Item No. 44, C.C.P., March 8, 1994
The City Planning Board at its regular meeting held Tuesday, April
12, 1994, considered the above application pursuant to Sections 387-19 and
413-67 of the Buffalo Code (application for billboard, ground or pole sign
permit and encroachment regulations respectively).
The applicant seeks to use various railroad bridges throughout the City
for the purpose of selling advertising space on the railroad bridges. All of
the railroad bridges encroach the City's right-of-way and each railroad bridge
would have to be reviewed for appropriate zoning. The applicants indicated
that they are not ready to present their proposal in the detail needed at this
time.
The City Planning Board voted to receive and file the above referenced
item.
RECEIVED AND FILED.
FROM THE BUFFALO ARTS COMMISSION
No. 11
F.Y. 1994-1995 Arts and Cultural Funding
Advisory Committee Recommendations
Please find attached the 1994-1995 Arts and Cultural Funding Advisory
Committee Funding Recommendations.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 12
Maintenance Schedule For City Owned
Public Statuary and Monuments
Mr. Daniel Bicz, Commissioner of Community Development, forwarded
me your letter of April 6th , regarding the following item:
"Info on condition of recently cleaned monuments"
Item # 5, C.C.P. April 5th, 1994
The Buffalo Arts Commission will recommend, in cooperation with your
honorable body and the department of public works and the department of parks,
fully trained and accredited conservators who will be responsible for the
annual maintenance (including washing and waxing) of city owned public statuary
and monuments.
Hope this letter along with my previous correspondence on March 31, will
be sufficient to pass the bond resolution that is currently tabled (Item # 172
C.C.P. March 22, 1994).
Thank you for your consideration.
RECEIVED AND FILED.
FROM THE COMPTROLLER
No. 13
Certificate Of Necessity
Capital Budget Amendment
Authorization for Additional Capital Indebtedness
We, Anthony M. Masiello, Mayor and Joel A. Giambra, Comptroller,
do hereby certify, pursuant to Section 359 of the Charter, that it is necessary
to authorize an increase in indebtedness for Capital Projects Program, provided
by the Common Council prior to July 1, 1993 for the ensuing fiscal year, by
adding the following item:
Dated: Buffalo, NY, April 8, 1994
RECEIVED AND FILED.
No. 14
Certificate Of Necessity
Increased Appropriation
Reserve for Capital Appropriations
Civil Service Commission
We, Anthony M. Masiello, Mayor and Joel A. Giambra, Comptroller,
do hereby certify pursuant to Section 41 of the Charter, that an increase in
the sum of $6,400 in the estimates for the fiscal year beginning July 1, 1993
is necessary in Appropriation Allotments - Civil Service Commission to meet a
contingency which could not have been reasonably foreseen when the budget was
adopted. The amount of increased appropriation will be met from 100-890-050 -
Fund Balance Reserve for Capital Budget Appropriations not otherwise
appropriated for any other purpose. The detail of the requirements are set
forth below:
Dated: Buffalo, NY, April 13, 1994
RECEIVED AND FILED.
No. 15
Certificate Of Necessity
Transfer of Funds
Department of Fire
Civil Service Commission
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 $7,000 be transferred and reappropriated from the Department of
Fire, as forth below:
Dated: Buffalo, NY, April 13, 1994
RECEIVED AND FILED.
No. 16
Certificate Of Necessity
Transfer of Funds
Appropriation Allotments
Enterprise Fund - Water
Department of 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 $33,361 be transferred and reappropriated from various accounts
in Appropriation Allotments Enterprise Fund - Water as set forth below.
The amounts 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, New York, April 11, 1994
RECEIVED AND FILED.
No. 17
Certificate of Necessity
Transfer of Funds
Transfer to Capital Debt Service Fund
Contributions To The Board of Education
Transfer from General Fund
Transfers from Board of Education
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 $5,686,101 be transferred and reappropriated from the
Appropriations account - Transfer to Capital Debt Service Fund and from the
Revenues account - Transfer from General Fund and said sum is hereby
reappropriated as set forth below:
The amounts 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, March 31, 1994
RECEIVED AND FILED.
No. 18
Certificate Of Necessity
Transfer of Funds
Appropriation Allotments
General Fund - City Revenue
Various Depts, Miscellaneous Charges, Fringe Benefits
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 $6,573,145 be transferred and reappropriated from various
accounts in Appropriation Allotments - Various Departments, Miscellaneous
Charges, and Fringe Benefits as set forth below.
The amounts 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, New York, April 11, 1994
RECEIVED AND FILED.
No. 19
Interfund Loans
Over the last six years, the City has provided interfund loans
from the City General Fund to Thee City, Board and Enterprise Capital Projects
Funds to implement financing of the Capital Improvements Budget. The interfund
loans are repaid when the Bond Anticipation Notes or Bonds are issued to
finance these projects.
As of today, we have three requests for money to finance projects and we
will not reenter the bond market at this time.
We are requesting that you approve interfund cash loans from the General
Fund to the City Capital Projects Fund in the amount of $480,000 for the
Reconstruction of various curbs, sidewalks and streets, the amount of $140,000
for the Massachusetts Playground project and $71,000 for improvements to
Gleasner Playground. The loans will be repaid when Bond Anticipation Notes or
Bonds are issued.
From To Account Repayment Date Total
100 Gen 200 Cap Proj 200-401-014 BAN/Bond Sale $480,000
100 Gen 200 Cap Proj 200-717-069 BAN/Bond Sale $140,000
100 Gen 200 Cap Proj 200-717-075 BAN/Bond Sale $ 71,000
Mr. Pitts moved:
That the communication from the Comptroller, dated April 13, 1994, be
received and filed; and
That the Comptroller be, and he hereby is, authorized to make an
interfund cash loan from the General Fund to the Capital Projects Fund in the
amount of $480,000 for the Reconstruction of various curbs, sidewalks and
streets, the amount of $140,000 for the Massachusetts Playground project and
$71,000 for improvements to Gleasner Playground. The loans will be repaid when
Bond Anticipation Notes or Bonds are issued.
PASSED.
AYES 12 NOES- 0.
No. 20
Grant Utility Easement
Niagara Mohawk Power Corp.
Niagara Mohawk Power Corporation has requested that they be granted
an easement to install, construct, reconstruct, maintain equipment and other
appurtenances that are necessary to supply permanent power to the newly
constructed Early Childhood Center located at Jefferson and Best Streets.
The easement consists of approximately a 10' x 197' strip of land, as
provided in the Utility Easement Agreement and shown on a map, Exhibit A of the
agreement, dated December 16, 1993.
I am recommending that Your Honorable Body approve the granting of the
utility easement. I am further recommending that the Corporation Counsel
approve the agreement as to form and that the Mayor be authorized to execute
the agreement.
Mr. Pitts moved:
That the communication from the Comptroller, dated April 14, 1994, be
received and filed; and
That the Mayor be, and he hereby is, authorized to approve the agreement
granting approximately a 10' x 197' strip of land at Jefferson and Best
Streets, as more fully described in the above communication, to Niagara Mohawk
Power Corporation and that the Corporation Counsel approve the agreement as to
form.
PASSED.
AYES- ARTHUR, COLLINS, COPPOLA, CZAJKA, FAHEY, FRANCZYK, HELFER, LOCKWOOD,
LOTEMPIO, PITTS, ZUCHLEWSKI- 11.
NOES- BELL- 1.
No. 21
Consent Agreements - Abandon Portion of Seattle Street
Item No. 22, C.C.P. 4/5/94
Pursuant to the request of several members of the Legislation
Committee, attached is a copy of Kenmore-Englewood Associates application to
the Supreme Court for the abandonment and sale of a portion of Seattle Street.
In exhibit B of the application are copies of the consent agreements of all
abutting property owners.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 22
Renewal Option - Lease Agreement Between the City of Buffalo and South Buffalo
Theater Group.
Item # 19, C.C.P. 7/6/93
Your Honorable Body authorized to renew the lease agreement between
the City of Buffalo and the South Buffalo Theater, Inc. for the use of the
auditorium and rooms 105, and 227 at former School 29, 2219 South Park Avenue.
This lease was for a one year period commencing March 1, 1993 - February 28,
1994.
This office has received a request from Marie T. Cichon, President, 19
Fairview Place, Buffalo, New York, on behalf of the South Buffalo Theater,
Inc., to exercise their option to renew said lease for an additional one year
period as stated in their lease agreement.
This renewal will be for the period of March 1, 1994 through February 28,
1995, and is the forth renewal option of their lease agreement. The rental fee
is One Dollar ($1.00) annually.
This office recommends that Your Honorable Body renew their lease
agreement for an additional one (I) year term. I am further recommending that
Your Honorable Body authorized the Corporation Counsel to prepare the necessary
documents to renew said lease and that the Mayor be authorized to execute the
same.
Mr. Pitts moved:
That the communication from the Comptroller, dated April 13, 1994, be
received and filed; and
That the Comptroller be, and he hereby is, authorized to renew the lease
with between the City of Buffalo and South Buffalo Theater Group for a one-year
period, to commencing March 1, 1994 and ending on February 28, 1995 at the
rental fee of One Dollar ($1.00) annually. The lessee is to save the City
harmless from any liability and the Corporation Counsel is to prepare the
necessary lease renewal and that the Mayor be authorized to execute the same.
PASSED.
AYES- 12 NOES- 0.
No. 23
Request to Purchase
1415 Fillmore Community Springboard, Inc.,
Item No. 84, C.C.P. 4/5/94
The above referenced item was forwarded to the Committee on Finance
and the Comptroller for response. The item is a request from Community
Springboard, Inc., 151 Northampton Street, Buffalo, New York 14209, to acquire
the above property.
The property located at 1415 Fillmore Avenue consists of a Four Thousand
One Hundred and Seventy-three (4,173) square foot masonry building in good
condition, situated on a lot 32.6 feet x 128 feet. The property was acquired by
the City of Buffalo through In-Rem foreclosure in 1991. The property is
currently rented on a month to month basis.
I have instructed the Director of Real Estate to contact the Community
Springboard, Inc., and assist them in their request to acquire the property and
report the results of our negotiations back to Your Honorable Body.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 24
Monthly Overtime Usage Report
I am providing the Common Council with an update of the Monthly
Overtime Usage Report as of March 31, 1994. This report provides the actual
expenditures of overtime for all City departments as well as project
departmental expenditures for the entire fiscal year based on current overtime
usage.
REFERRED TO THE MAYOR'S BUDGET COMMITTEE.
FROM THE PRESIDENT OF THE COUNCIL
No. 25
Appoint Administration Adjudication Task Force
I hereby commission a Task Force for the research and development
of a "Bureau of Administrative Adjudication" for the enforcement of codes and
ordinances in the City of Buffalo.
I designate Councilmember at-Large, Rosemarie LoTempio as Task Force
Chairperson. I also designate Councilmembers Kevin Helfer and David A.
Franczyk as Council Representatives to work in a collective effort with
Representatives from the City's Division of Licenses and the Departments of
Inspect ions and Community Revitalization, Public Works, Fire, Police,
Administration and Finance, Community Development, Corporation Counsel and the
Comptroller's Office.
This Task Force shall be commissioned immediately.
RECEIVED AND FILED.
FROM THE COMMISSIONER OF ASSESSMENT
No. 26
Request Approval of Certificate
of Adjusted Base Proportions
Enclosed find Certificate of Adjusted 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 Michael Griffin, 16 Sheridan Avenue, Albany
NY 12210-2714. Also, kindly direct the City Clerk to furnish this department
with a copy of the approved Certificate.
Mr. Pitts moved:
That the communication from the Department of Assessment, dated April 11,
1994, be received and filed; and
That the Common Council approve the Certificate of Adjusted Base
Proportions and that the City Clerk be, and he hereby is, authorized to sign,
date and forward said Certificate to the New York State Board of Equalization
and Assessment, to the attention of Michael Griffin, 16 Sheridan Avenue,
Albany, New York 12210-2714 and furnish the Department of Assessment with a
copy of the approved Certificate.
PASSED.
AYES- 12 NOES- 0.
FROM THE COMMISSIONER OF PUBLIC WORKS
No. 27
Bond Cancellation 17 Court Street
It is hereby certified that the bond described below be canceled:
Principal: The Equitable Life Insurance society
Surety: Fidelity and Deposit Company of Maryland
Amount: $5,000.00
Dated: December 30, 1947
Structure: Sidewalk Elevator and Coal Chute
Location: 17 Court
The bond is no longer necessary due to the fact a replacement bond has
been provided. The above captioned bond should be deemed released and canceled
as to future liability in accordance with the provisions of the City of Buffalo
Ordinances.
RECEIVED AND FILED.
No. 28
Monthly Report of Licenses Issued in March 1994
I am respectfully submitting the enclosed report of licenses issued
in the month of March 1994 by the Division of Licenses.
RECEIVED AND FILED.
No. 29
Extension of Time
Walden Heights Subdivision
Item #33, CCP 5/12/92
I hereby submit the following change in contract for the Walden
Heights Subdivision infrastructure project.
Due to numerous delays to the contractor including environmental
concerns, delays with the construction of homes, weather, vandalism and work
more involved than originally anticipated, work was not completed in time.
Top soil work for the retention pond located on the site will not be
complete until the ground dries out and soil could be trucked in and spread.
Therefore, I respectfully request Your Honorable Body to authorize an
extension of time to Destro Brothers Construction Company until September 1,
1994.
RECEIVED AND FILED.
No. 30
Actions Taken On Liquor License Applications
Item No. 78, C.C.P. 3/22/94
In response to C.C.P. #78, applications for Restaurant, Arcade,
Music and Certificate of Inspection for Public Assemblage were mailed to
Vincent Giamo, Vinmar Inc. for 1459 Hertel Avenue and applications for
Restaurant, Music and Coin Controlled Amusement were mailed to Frank Lojacono
of 1122 Hertel Avenue.
RECEIVED AND FILED.
No. 31
Notification Serial # 8364
All-Way Stop Signs in Ashland Avenue at Anderson Place
STOP SIGNS
In conformity with Section 49 of Chapter 479 of the Ordinances of the
City of Buffalo, the City Engineer hereby notifies your Honorable Body of this
action supplementing, amending, or repealing existing provisions of Chapter 479
of the Ordinances, as stated below, to be effective forty five days after the
first Council meeting at which they appear on the agenda as an item business.
That that part of Subdivision 9 of Section II of Chapter 479 of Ordinances of
STOP SIGNS
the City of Buffalo be supplemented by adding thereto the following
VEHICLES ON SHALL STOP BEFORE ENTERING
Ashland Avenue Anderson Place
Notification Serial # 8365
No Left Turn - Regulation
from Kenmore Avenue into Montrose Avenue
REGULATION OF TURNS
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 Section 37 of Chapter 479 of Ordinances of the City of
NO LEFT TURN
Buffalo be supplemented by adding thereto the following:
STREET INTERSECTION HRS DIRECTION PROHIBITION
Kenmore Ave Montrose Ave 3p.m. -6p.m. Westbound No Left Turn
RECEIVED AND FILED.
No. 32
Change Billing System for Swimming Pools
Item No. 176, C.C.P. 03/08/94
The Division of Water is in receipt of your communication regarding
billing of swimming pools. The current Ordinances address the flat rate charges
for swimming pools which are charged during the summer periods, namely, May
through October.
Swimming pools charges are considered seasonal charges and are not billed
by the number of weeks or days pools are used. The pool owner has the option at
this time to stay on flat rate and incur the swimming pool charges or convert
the property to a meter billing system whereby they would pay for all water
used.
If a homeowner has an in-ground pool, they are required to be on meter.
Please be advised that the Buffalo Water Board has engaged the services
of a consulting engineer to perform a study of the current rate structure in
the Division of Water. The results of this study will be forthcoming sometime
in 1994 and at that time all the concerns for swimming pools, etc. will be
addressed.
RECEIVED AND FILED.
No. 33
Claim for Wages Various Employees
From April 11, 1994 through April 24, 1994 members of the crew
of the Cotter worked while an agreement was being formulated to cover various
aspects of their employment. On May 1, 1993 each employee should have been
transferred from the Engineering Division to the Buildings Division and their
salaries set at $30,000. Due to the fact that the above mentioned agreement was
not finalized and approved by the Budget Director, the Civil Service Commission
and Your Honorable Body, the proper appointment could not be filed. The
Comptroller has thus ruled that a claim must be approved by Your Honorable Body
to pay these employees.
I respectfully request that you authorize the Comptroller to issue the
following payments for time worked from April 11, 1994 through April 24, 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 April
8, 1994, be received and filed; and
That the Comptroller be, and he hereby is authorized to issue payments
for time worked from April 11, 1994 through April 24, 1994 to the individuals
listed and in the amounts specified in the above communication; including
payment to William Robinson in the like amount.
PASSED.
AYES- 12 NOES- 0.
No. 34
New York State Department of Transportation
Bridge /Abutment Removals NY Route 5 Main Street
PIN 5985.37
The New York State Department of Transportation will be removing
the bridge and abutments over Main Street between Hertel Avenue and Minnesota
Avenue. This work will include modifications of the traffic signal systems on
Main Street throughout this region. This Department has no objection to, and
completely supports the need for, this work. Therefore, the attached "Traffic
Signal Resolution" is being submitted for your Honorable Body's approval.
Mr. Pitts moved:
That the communication from the Department of Public Works, dated March
30, 1994, be received and filed; and
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.
That the City of Buffalo will continue to maintain these facilities upon
completion and acceptance of this project.
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.
PASSED.
AYES- 12 NOES- 0.
No. 35
Report of Bids Main Street Marquee and Grand Window Restoration Shea's
Performing Arts Center
I advertised for on March 24, 1994 and received the following
sealed proposals which were publicly opened and read on April 13, 1994.
General Construction Work
Midland Empire Constructors, Inc. 678,000
Grandview Construction 694,800
Wilsandra Construction 699,000
Landmark Construction 748,800
Nichter Associates, Inc. 763,000
The Hadala Corp. 1,075,000
Electrical Work
Ferguson Electric 18,275
Frey Electric 26,199
I hereby certify that the foregoing is a true and correct statement of
all bids received and that the following are the lowest responsible bidders in
accordance with the plans and specifications.
General Construction Work - Midland Empire Constructors, Inc. in the
amount of $678,000.
Electrical Work - Ferguson Electric in the amount of $18,275.
I recommend that Your Honorable Body authorize the Commissioner of Public
Works to order the work on the basis of the low bid. Funds for this work are
in B/F 200-402-031 - Division of Buildings.
Estimate for this work was $660,000.
Mr. Pitts moved:
That the communication from the Department of Public Works, dated April
13, 1994, be received and filed; and
That the Commissioner of Public Works be, and he hereby is, authorized to
award a contract for the Main Street Marquee and Grand Window Restoration at
Shea's Performing Arts Center for general construction work to Midland Empire
Constructors, Inc. in the amount of $678,000 for electrical work to Ferguson
Electric in the amount of $18,275, the lowest responsible bidders, with said
cost to be charged against the B/F 200-492-031 Division of Buildings.
PASSED.
AYES- 12 NOES- 0.
No. 36
Report of Bids New Roof
Memorial Auditorium
I advertised for on March 29, 1994 and received the following
sealed proposals which were publicly opened and read on April 12, 1994.
Base Bid Alt
Jos. A. Sanders, Inc. 195,463 91,809
Jameson Roofing Co. 236,081 95,258
Grove Roofing Co. 243,500 98,200
McGonigle & Hilger Roofing 285,941 119,164
Progressive Roofing Co. 310,000 132,000
Alternate No. 1 was for lower roofs to be completely stripped to metal
deck. New roof shall be 4 ply built-up over new insulation.
I hereby certify that the foregoing is a true and correct statement of
all bids received and that Jos. A. Sanders, Inc. in the amount of $195,463 Base
Bid plus Alternate #1, $91,809 for a total of $287,272.00 is the lowest
responsible bidder in accordance with the plans and specifications.
I recommend that Your Honorable Body authorize the Commissioner of Public
Works to order the work on the basis of the low bid. Funds for this work are
in B/F 200-402-025 - Division of Buildings.
Estimate for this work was $300,000.00
Mr. Pitts moved:
That the communication from the Department of Public Works, dated April
13, 1994, be received and filed; and
That the Commissioner of Public Works be, and he hereby is, authorized to
award a contract for a New Roof at Memorial Auditorium to Jos. A. Sanders, Inc.
in the amount of $195,463 Base Bid plus Alternate #1, $91,809 for a total of
$287,272.00, the lowest responsible bidder, with said cost to be charged
against the B/F 200-402-025 Division of Buildings.
PASSED.
AYES- 12 NOES- 0.
No. 37
Correction to Report of Bids Cleaning and Lining Watermains Combined Contract
21A and 21B
Item No. 114, C.C.P. 03/22/94
Per Common Council Proceeding No. 114 of March 22, 1994, your
Honorable Body approved the award of the contract for Cleaning and Cement
Lining of Watermains from Delaware to Elmwood Avenue in Cleveland Avenue,
Auburn Avenue, Lancaster Street, Lafayette Avenue, St. James Place, Delavan
Avenue, Cleveland Place and Melbourne Place, Combined Contract 21A and 21B to
Creamer Brothers, Inc. in the amount of $1,178,570.00.
In the report of bids, we inadvertently did not correctly detail the
streets. Listed below are the locations for Cleaning and Lining Watermains for
Contract 21A and Contract 21B combined.
Contract 21A:
Cleveland Ave - approx 2,200 I.f. of 6 main from Delaware to Elmwood
Auburn Ave - approx 2,300 I.f. of 6 inch main from Delaware to Elmwood
Lancaster St - approx 2,300 I.f. of 6 inch main from Delaware to Elmwood
Lafayette Ave - approx 2,150 I.f. of 12 inch main from Gates Circle to Elmwood
St. James St - approx 2,050 I.f. of 6 inch main from Chapin Pkwy. to Elmwood
Delavan Ave - approx 1,800 I.f. of 6 inch main from Chapin Pkwy. to Elmwood
Cleveburn Pl - approx 400 I.f. of 6 inch main from Cleveland to Auburn
Melbourne Pl - approx 400 I.f. of 6 inch main from Auburn to Lancaster
Contract 21B:
College St - approx 2,000 I.f. of 6 inch main from Virginia to North
Elmwood Ave - approx 2,000 I.f. of 6 inch main from Virginia to North
Park St - approx 2,000 I.f. of 6 inch main from Virginia to North
Mariner St - approx 2,000 I.f. of 6 inch main from Virginia to North
Irving Pl - approx 1,000 I.f. of 6 inch main from Allen to North
DeRutte Alley - approx 350 I.f. of 8 inch main northerly from Virginia
The contract price remains the same. This communication is for correction
of detail of streets involved in the project only.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 38
Change Order No. 1 - New Watermain Hillary Street and Service Transfers in
Porter Road
City Contract No. 91744100
I hereby submit to your Honorable Body the following change order
with Mar-Wal Construction Company, Inc. for work relating to New Watermain in
Hillary Street, New Watermain and Service Transfers in Potters Road, City
Contract No. 91744100.
New Work Item No. 1:
Replacement of hydrant and supply valve at Potters Road and Woodside Avenue and
excavation of two 24" valves in the same intersection. This work includes all
labor, equipment, select backfill and restoration. Increase: $
4,050.00
Costs have been reviewed by the Department of Public Works and found to
be fair and equitable.
SUMMARY:
Original Amount of Contract $287,400.00
Amount of Change Order No. 1 - Increase $ 4,050.00
Current Amount of Contract $291,450.00
Funds in the amount of $ 4,050.00 are available in 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
1048 Clinton; Awning Within Right of Way
Mr. Martin Kohler, of Kohler Awning, acting as agent for the owner
of the property located at 1048 Clinton, has requested permission to install an
awning which would encroach city right of way at said address.
The proposed awning would measure approximately 50 feet in length, 5 feet
in height and project 4 feet from the building face.
The Department of Public Works has reviewed Mr. Kohlers application
pursuant to Chapter 413-56 (awnings, canopies and marquees) of the City
Ordinances and has no objection to your Honorable Body authorizing the
Commissioner of Public Works to issue a "Mere License" for said installation
provided the following conditions are met:
1. That the applicant obtain any and all other City of Buffalo permits
necessary for said installation.
2. That the awning be installed exactly as shown on plans submitted to
and approved by the Department of Public Works, Division of Buildings.
3. That the applicant supply the City of Buffalo with a five thousand
dollar construction in street bond or certificate of insurance which will
indemnify and save harmless the City of Buffalo against any and all loss and
damage arising out of the construction, maintenance, use and removal of said
awning.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 40
427 Elmwood Avenue Requests Permission to
Install Sidewalk Cafe
Mrs. Maureen Porter, owner of Solid Grounds, located at 427 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 12 feet in length and project 5 feet from
the building face into City right of way.
The Department of Public Works has reviewed Mrs. Porter 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 12 feet in length or extend
more than 5 feet from the building face.
4. That no portion of the sidewalk cafe be permanent in nature or
permanently affixed to the main building or public sidewalk.
5. That the sidewalk cafe be completely removed from City right of way
from November 15 to April 1 each year.
6. That the applicant be assessed the annual fee of two dollars per
square foot of City right of way occupied by said sidewalk cafe as described in
Chapter 413 Article IX Section 59 (Sidewalk Cafes) of the City Ordinances.
7. That the applicant supply the City of Buffalo with a Five Thousand
Dollar ($5,000.00) construction in street bond or certificate of insurance
which will indemnify and save harmless the City of Buffalo against any and all
loss and damage arising out of the construction, maintenance, use and removal
of said sidewalk cafe.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 41
Ordinance Amendment - Fire Sprinkler Connections
Chapter 175, Section 491-74 Water Rates
Item No. 174, C.C.P. 03/08/94
The Division of Water is in receipt of your communication regarding
property owners who are metered water users and have a sprinkler system also
receiving a flat rate bill for sprinkler connections. This sprinkler connection
is for a line that is tied directly to the watermain and is solely for the
protection of the property in the event of a fire.
The property owner, because he either chose to or is required to have
this sprinkler system, is not being penalized because his insurance rates are
lower due to this sprinkler system.
All water rates and fees are presently being reviewed by a consulting
engineer hired by the Buffalo Water Board. The consultant will be re-evaluating
all charges on the flat rate and meter system as well as addressing this fee
charged for sprinkler systems. The results of this study will be referred to
the Water Board who will take final action.
REFERRED TO THE COMMITTEE ON LEGISLATION.
FROM THE COMMISSIONER OF PARKS
No. 42
Report of Bids-Delaware Park Concession
Item No. 143 C.C.P. March 8, 1994
As authorized by your Honorable Body, this Department prepared
plans and specifications for the Delaware Park Concession, commonly known as
the "Juicery". Advertisement was handled by the Division of Purchase. The
April 5, 1994 bids are as follows:
NAME OF BIDDER AMOUNT
Donald France
27 Duluth
Buffalo, New York
and
James Henzler $15,226.00
75 Oakridge
Kenmore, New York
Donald Spasiano 12,001.00
165 Dorchester Rd.
Buffalo, New York 14213
William Shylo 2,600.00
132 Chadduck Avenue
Buffalo, New York 14207
Anthony Valenti 4,250.00
131 Crestwood
Buffalo, New York 14216
Brenda Kij 9,239.00
4597 Wilson Drive
Hamburg, New York 14075
John P. Morrissey 5,048.00
49 Woodette Place
Buffalo, New York 14207
Lucille La Marca
Dorothy Johnston 5,000.00
793 Bird Avenue
Buffalo, New York
I hereby certify that Donald France and James Henzler were the high
bidders for the Delaware Park Concession in the amount of $15,226.00.
Attached are copies of the tabulations and the winning bid proposal.
Remaining original bid proposals are on file in the Parks Department. Upon
your approval, we will request the Law Department to proceed with drawing up a
contract.
I respectfully request Your Honorable Body approve the awarding of this
concession to the highest responsible bidder.
Mr. Pitts moved:
That the communication from the Department of Public Works, dated April
7, 1994, be received and filed; and
That the Commissioner of Public Works be, and he hereby is, authorized to
award a contract for the Delaware Park Concession, commonly known as the
"Juicery" to Donald France and James Henzler, the highest responsible bidder in
the amount of $15,226.00.
PASSED.
AYES- 12 NOES- 0.
No. 43
Certificate of Appointment
Appointment effective March 28, 1994 in the Department of Parks,
Division of Recreation, Jacqueline Gonser, 159 Norwalk, Buffalo 14216, to the
position of Supervisor of Recreational Activities, Temporary, at the Maximum
starting salary $29,269.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
FROM THE COMMISSIONER OF FIRE
No. 44
Fire Mutual Aid Agreement
Item No. 179, C.C.P. 03/22/94
In reply to your recent inquiry into the status of a Mutual Aid
Agreement with neighboring communities, I must inform you that no such
agreement exists.
Although such concordance does exist with many other fire departments
throughout the United States and Canada, the unique atmosphere of confrontation
which exists here between union and management, would preclude any such harmony
being developed anytime in the near future.
In addition, recent conversations with some of the volunteer fire chiefs
in departments whose borders we share, lead me to believe that they would be
unwilling to respond into the City in fear of their safety.
In closing, let me state that my mind is open on the subject and I would
be willing to sit down with anyone to discuss how matters can be worked out in
the best interest of the Buffalo Fire Department and the citizens we serve.
If I can be of any further help in this regard, please contact me.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 45
Fire Auxiliary Corps
Item No. 179, C.C.P. 03/22/94
The Buffalo Fire Department has under its command, a unit of Civilian
Defense (CD) firefighters which consist of twenty-seven (27) volunteer
personnel who man two (2) pumpers located in different firehouses in the City.
They are remnant of a once larger force that was raised during World War 11 to
fight fires in large cities in the event of enemy bombing.
Today, the CD's respond to all greater alarms and special calls where
they perform many of the mundane tasks required at the scene of a major
incident. Some of these tasks may be pumping out flooded basements in public
buildings and recovering large amounts of dirty and wet fire hose at the scene
of a multiple alarm fire. In addition, they are occasionally called out to wash
down areas around City Hall, Pilot Field, etc. in the springtime. The CD's
however, are strictly forbidden to lay-in and man fire lines or perform any
other dangerous task at the scene of a fire. This procedure is due to agreement
with Local 282, Buffalo Professional Firefighters' Union.
I am currently reviewing our need for the Civilian Defense firefighters.
Although they cost us very little to maintain their status (repair to fire
trucks and equipment) there may be some severe legal ramifications if one of
them should get hurt at a fire, or if their truck is involved in an accident
while responding to an incident.
If I can clarify any further, please contact me.
REFERRED TO THE COMMITTEE ON LEGISLATION.
FROM THE CORPORATION COUNSEL
No. 46
Appointment of Deputy Corporation Counsel
I, Edward D. Peace, appoint to the position of Deputy Corporation
Counsel, Gregory L. Brown, effective immediately.
Mr. Brown has broad based academic and legal experience. He received an
A.B. degree from Brown University and a Juris Doctor degree from the State
University of New York at Buffalo. Mr. Brown has significant municipal law
experience including three years of service in the Erie County Attorney's
Office. This included experience in municipal finance, tax foreclosure,
municipal litigation and substantial appellate experience. In addition, Mr.
Brown has two and a half years experience in private practice with experience
in civil litigation, real estate, bankruptcy, criminal law and corporate law.
Mr. Brown has proven himself to be a hardworking and industrious individual who
possesses a high degree of legal ability. Mr. Brown will provide the highest
quality service to the citizens of the City of Buffalo.
Mr. Brown resides at 201 Minnesota Avenue, Buffalo, New York 14214. His
salary is $55,915.
RECEIVED AND FILED.
No. 47
Roller Rink Hockey
Opinion No. 94-51
Item No. 43, C.C.P., 3/22/94
Your Honorable Body has requested an opinion as to whether the
City can enter into an agreement renting the Lafayette Ice Rink in the off
season for roller hockey.
Pursuant to Article 2, Section 10 of the Charter of the City of Buffalo,
it is within the general powers of the City to lease its real property within
the city limits for any municipal or public purpose. The recreational
opportunity created by this venture could be considered a sufficient municipal
purpose to justify the agreement.
It is the opinion of the Law Department that the City can enter into an
agreement renting the Lafayette Ice Rink in the off season for roller hockey.
RECEIVED AND FILED.
No. 48
Selling Advertising Space and Naming Rights
Lafayette Ice Rink Opinion No. 94-35
Item No. 46, C.C.P., 3/8/94
Item No. 172, C.C.P., 2/8/94
Your Honorable Body has asked whether advertising space within,
and the naming rights to, Lafayette Ice Rink can be sold.
The City acquired the property in 1918. An investigation has revealed two
restrictions in the deed regarding the use of the property. One restriction was
found to be null and void because it referenced a street that was discontinued
and no longer exists. That clause also had a stated life-span of twenty years,
which has since expired.
The other restriction states "that no wine, beer, spirits or liquor shall
be sold for consumption on any part of the premises." The deed does not contain
any restrictions concerning whether this restriction extends to advertising for
alcoholic beverages. There is also no case law that extends such a restriction
to advertising. In the absence of any prohibitions against advertising for
alcoholic beverages, the City may sell advertising space within the Lafayette
Ice Rink.
There are no restrictions regarding the name of the property in the deed.
Selling the naming rights to a public building is not prohibited. It should be
noted, however, that the following procedures must be adhered to before the
name of the public building can be changed: 1) a request to change the name
must be received; 2) the Council must hold a public hearing for which at least
fourteen days notice must be given; 3) the hearing must take place within ten
days of the last publication of the notice; and 4) the Council must make a
decision regarding whether or not to change the name after the public hearing
has been held. The Code of the City of Buffalo, Chapter 286-3.
Under the Charter of the City of Buffalo, Article 2, Section 10, the City
has the power to sell or lease its real property within or without the city
limits for any municipal or public purpose. Lafayette Ice Rink is a public
building, thus giving the City of Buffalo the power to decide what shall be
done with it. As a public building dedicated to recreation, any effort to
promote it use and enhance its public profile can be considered a public
benefit. The additional revenues generated by these positive, lawful activities
also create a benefit to the City.
For the above-stated reasons, the City has the power to sell advertising
space within, and the naming rights to Lafayette Ice Rink.
RECEIVED AND FILED.
No. 49
Bicycle Tort Liability
Item No. 22, C.C.P., 1/11/94
Please see attached memorandum for additional information on bikeway
liability.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 50
Parking Meter Damage
In response to your letter of March 23, 1994, regarding the destruction
and theft of parking meters, please be advised of the following:
This matter has been assigned to Mr. Francis B. Brochowicz, Assistant
Collection Officer, of our office.
He has informed me that Marilyn Smith, Director of Treasury, is
forwarding the information to our office. Damages sustained to the City's
parking meters total approximately $650, after receipt of said documentation,
he will then contact the District Attorney handling this matter, and request
that full and complete restitution be made, by the defendants, to the City of
Buffalo.
We will also explore the feasibility of initiating a small claims court
lawsuit, for the amount of damages, owed by the defendants, relative to this
action.
We will keep you informed as to the resolution of this matter.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 51
Foreclosure of 92 Johnson Park
Opinion No. 94-48
Item No. 84, C.C.P., 3/22/94
Your Honorable Body has requested an opinion on the situation
concerning 92 Johnson Park. A garage on the property was demolished by the
city, and the owner was subsequently billed. Now the property is scheduled for
foreclosure.
This office is currently investigating whether there was proper notice in
this matter and the owner's background. There was an offer to settle the matter
last year, and we are in contact with the owner's attorney.
Upon our reception of additional information, we will further advise you
of our conclusion.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 52
Kleinhan's - Request Increase Number of Directors
Opinion No. 94-46
Item No. 87, C.C.P., 3/8/94
The above item has been referred to the Corporation Counsel for
an opinion and/or recommendation. The item is a letter to the Common Council
from Wayne D. Wisbaum, Chairman of the Board and President of Kleinhans Music
Hall Management, Inc., requesting permission to increase the number of
directors on its board of directors.
Article II, Section 1 of the By-Laws of Kleinhans Music Hall Management,
Inc. provides that the "board of directors shall be composed of nine (9)
directors . . .". Article VIII, Section 1 of the By-Laws provides that any
amendment to the provisions of Article II, Section I shall require "the consent
of the City of Buffalo given by its Common Council." Upon consent of the City,
the Board must file an Amendment to its Articles of Incorporation with the
Secretary of State. The Board may thereby expand its membership, but only with
the consent of the Common Council.
As stated in the letter from Mr. Wisbaum, the board has had nine (9)
members including three (3) City of Buffalo Officials since 1940. However the
letter does not state the number by which the Board intends to increase its
membership. It is the recommendation of this office that the number of
directors to be added to the Board be disclosed to the Common Council prior to
any final action on this item.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 53
Restructuring Disbursement HOME Funds
Item No. 178 CCP March 21, 1994
The above item has been referred to the Corporation Counsel for
comments and/or recommendation. The item is a resolution by Mr. Czajka entitled
"Restructuring the payment schedule for housing rehabilitation loans and
restructuring the disbursement of HOME funds for homeowner rehabilitation." The
resolution requests the Commissioner of Inspections and Community
Revitalization to report to the Common Council on the feasibility of
restructuring the Deferred Loan program payment schedule and the disbursement
of HOME funds in order to assist more low-income owner occupants with
rehabilitation dollars. We will respond as soon as possible following
consultation with the Commissioner of Inspections and Community Revitalization.
REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT.
No. 54
Crossroads Arena Memorandum of Understanding
Item No. 204, C.C.P., 2/22/94
In furtherance, attached please find a final executed copy of
the Crossroads Arena Memorandum of Understanding dated as of March 28, 1994.
REFERRED TO THE STADIUM/AUDITORIUM TASK FORCE.
No. 55
Create Administration Adjudication Bureau
Item No. 188 CCP March 22, 1994
The above item has been referred to the Corporation Counsel for
an opinion and/or recommendation. The item is a resolution of Mrs. LoTempio
entitled "The Creation of a Bureau of Administrative Adjudication for the
Enforcement of City Codes and Ordinances." The resolution requests the
Corporation Counsel to meet with the Mayor, the Department of Administration
and Finance, the Parking Violations Bureau and the Common Council.
Please be advised that the Department of Law is eager to provide whatever
legal assistance may be necessary for the successful creation and
implementation of an Administrative Adjudication Bureau.
REFERRED TO THE ADMINISTRATION ADJUDICATION TASK FORCE.
FROM THE COMMISSIONER OF COMMUNITY DEVELOPMENT
No. 56
Certificate of Appointment
Division of Planning - Director
In accordance with the provisions of Section 441, of the City
of Buffalo, I hereby transit the following Certificate of Appointment.
Pursuant to the powers vested in my under the provisions of Section 272
of the Charter, I hereby certify that I have appointed Kevin T. Greiner,
residing at 32 B Alcona Avenue, Amherst, New York to the position of Director
of Planning in the Department of Community Development, effective April 4,
1994. Mr. Greiner will be re-establishing residency in the City of Buffalo. He
will be required to do so within 90 days.
Mr. Greiner graduated from State University of New York at Buffalo in
1994. He graduated with a J.D. Law Degree and a Masters of Urban Planning.
Mr. Greiner has been employed as an analyst for Metro Life Inc., New
York, New York until August, 1990. Prior to that employment he was employed by
the North Jersey Transportation Coordinating Council as a Transportation
Planner.
Currently, Mr. Greiner is an independent consultant.
I hereby certify that Mr. Greiner is fully qualified to fill the position
of Director of Planning pursuant
REFERRED TO THE COMMITTEE ON CIVIL SERVICE. THE MAYOR AND CORPORATION COUNSEL.
No. 57
E.A.F. - P. Elia - Request To Erect A One-Story Restaurant With An Outdoor
Patio At 211 Porter
Item No. 94, C.C.P., April 5, 1994
Attached for your information is the Full Environmental Assessment
Form and the Negative Declaration for the matter captioned above.
Mr. Pitts moved:
That the communication from the Commissioner of Community Development,
dated April 14, 1994, be received and filed; and
That "P. Elia - Request to erect a one-story restaurant with an outdoor
patio at 211 Porter" is an unlisted action as defined in 6 NYCRR Part 617.2.
The Common Council has approval authority over this item, and is therefore an
involved agency as defined in 617.2. As part of an uncoordinated review, the
Common Council has evaluated an Environmental Assessment Form (EAF) on this
item which has been completed by the applicant (Part 1) and by the City
Planning Board (Part II); and
Having made an independent assessment of the information contained in the
EAF, the Common Council adopts the findings set forth in Part II and, as a
result, finds that this proposed action will not result in any significant
adverse environmental impacts. Therefore, this Common Council issues a negative
declaration.
ADOPTED.
No. 58
Certificate of Appointment
Appointment effective February 25, 1994 in the Department of Community
Development, Division of General Office, David F. Granville, 9 Cottage Street,
Buffalo, New York 14201, to the position of Executive Director of Buffalo Arts
Commission at the Maximum starting salary of $35,663.00
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
No. 59
Bids - Willert Park Improvements
I have asked for and received the following bids for Willert Park
Improvements on April 13, 1994:
BIDDER BASE BID
Feddington-Allen $15,188
Gleason's Nursery $15,247
Birch Grove Landscaping $15,727
Buffalo Creek Landscaping $22,994
I hereby certify that the foregoing is a true and correct statement of
the bids received. We are accepting the low base bid, and therefore
Feddington-Allen, 70 Hawkins -Ave. Hamburg, New York 14075 is the lowest
responsible bidder in accordance with the plans and specifications in the
amount of $15,188.
I recommend that Your Honorable Body authorize the city to order the work
on the basis of the low bid. Funds for this work are available in Bond Account,
200-717-081.
Mr. Pitts moved:
That the communication from the Department of Community Development,
dated April 13, 1994, be received and filed; and
That the Commissioner of Community Development be, and he hereby is,
authorized to award a contract for the Willert Park Improvements to
Feddington-Allen, in the amount of $15,188, the lowest responsible bidder, with
said cost to, be charged against the Bond Fund Account 200-717-081.
PASSED.
AYES- 12 NOES- 0.
No. 60
Report of Informal Bids
Massachusetts Avenue Playground Excavation
The Department of Community Development requested and received
the following informal proposals; on April 13, 1994, for the required
excavation prior to the construction of the community built playground at the
Massachusetts Avenue Playground:
BIDDER AMOUNT OF BID
GBH Paving, Inc.
24 Willow Green Drive $3,224
Amherst, New York 14228
American Paving & Excavating, Inc.
5880 Thompson $4,150
Clarence Center, New York 14032
LCP Construction Corp.
589 Northland Avenue $5,750
Buffalo, New York 14211
Buffalo Creek Landscaping, Inc.
11800 Route 20A $5,875
Wales Center, New York 14169
Gleason's Nursery, Inc.
4780 Sheridan Drive $6,508
Williamsville, New York 14221
Williams Trucking
304 Humboldt Parkway $10,848
Buffalo, New York 14214
The foregoing is a true and correct abstract of all bids received and GBH
-Paving, Inc., 24 Willow Green Drive, Amherst, New York 14228 is the lowest
responsible bidder in the amount of $3,224. Funds for this work will be
available in Community Development Capital Project Account 200-717-069.
I, therefore, recommend that Your Honorable Body authorize the
Commissioner of Community Development to order the work by GBH Paving, Inc. in
the amount of $3,224.
Mr. Pitts moved:
That the communication from the Department of Community Development,
dated April 14, 1994, be received and filed; and
That the Commissioner of Community Development be, and he hereby is,
authorized to award a contract for excavation prior to the construction of the
community built playground at the Massachusetts Avenue Playground to GBH
Paving, Inc. in the amount of $3,224, the lowest responsible bidder, with said
cost to be charged against the Community Development Capital Project Account
200-717-069.
PASSED.
AYES- 12 NOES- 0.
No. 61
Change Order #1 Architectural-Engineering
Services Site Redevelopment of War Memorial Stadium
I herewith submit to Your Honorable Body the following change
in contract for architectural-engineering services in conjunction with the
continuing site redevelopment of War Memorial Stadium, Contract #91645200 with
Robert Traynham Coles, Architect, P.C.;
- Design of interior finishes, mechanical systems and food service
equipment for Service Building Concession Stand.
- Technical specifications, engineering drawings, bid documents and
printing.
- Detailed cost estimate
- Review of bids, shop drawing review, site visits and final inspection.
Lump Sum Fee of $4,750.00
A contract summary is as follows:
- Original contract amount $110,000.00
- Amount this change # 1 $ 4,750.00
Revised contract amounts $114,750.00
Funds for this work are available in Bond Fund # 200-717-094.
I therefore recommend that Your Honorable Body authorize the Commissioner
of Community Development to issue a change order to Robert Traynham Coles,
Architect, P.C. as set forth above.
Mr. Pitts moved:
That the communication from the Department of Community Development,
dated April 14, 1994, be received and flied; and
That the Commissioner of Community Development be, and he hereby is,
authorized to issue a change order #1 to Robert Trayham Coles, Architect, P.C.,
changes resulting in a net increase in the amount of $4,750.00, as more fully
described in the above communication, for work relating to contract for
architectural-engineering services for the Redevelopment of War Memorial
Stadium, Contract # 91645200. Funds to be charged to Bond Fund # 200-717-094.
PASSED.
AYES- 12 NOES- 0.
No. 62
Broadway -Fillmore Commercial District-Permission to Transfer 1021-1027
Broadway-South Side of Broadway Between Lombard and Clark Street
The Buffalo Urban Renewal Agency owns a vacant five (5) story
structure in the Broadway Fillmore Commercial District known as
1021-1027-Broadway. Due to -long term invasion of rain and snow melt runoff
causing structural deterioration, the building suffered a partial collapse of
the roof and east facade on March 15, 1994,- showering the street with debris.
No injuries occurred, however a car was crushed on Clark Street by falling
debris.
Emergency action was taken in conjunction with the Department of
Inspections and Community Revitalization in the form of a partial demolition on
the east facade on March 16, 1994. As of this date, the remaining structure is
unsound and poses a serious liability hazard to BURA, abutting property owners
and pedestrians on Broadway, Clark and Lombard. Immediate action must be taken
to demolish the BURA owned property to avoid personal or property damage
associated with deterioration and collapsing of the structure.
Current Block Grant funds have not been cleared by HUD for demolition
purposes. City Bond Funds are for the demolition of the building (Acct.
200-717-046) but cannot be used on BURA owned property. Due to the unsafe
condition of the property and the immediate need to demolish it, we are
requesting to transfer title to 1021-1027 Broadway to the City of Buffalo so
that City bond funds can be used for the demolition of the structure.
I therefore recommend the transfer of title to 1021-1027 Broadway from
BURA to the City of Buffalo, subject to the review and approval of the
Corporation Counsel.
REFERRED TO THE COMMITTEE ON FINANCE, THE COMPTROLLER AND CORPORATION COUNSEL.
No. 63
Community Wide Urban Renewal Demonstration Program Approval of Land Disposition
Agreement
489 Broadway and 140 Mortimer
Drescher Paper Box, Inc., Redeveloper
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.
REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT.
FROM THE COMMISSIONER OF STREETS
No. 64
Establish Program for Curbside Collection of Yard Waste
The Department of Street Sanitation is in the process of putting
together a yard waste removal program we feel will meet the mandates of the
Charter, and at the same time allow the department to run without additional
costs to the taxpayer in costs for more manpower and equipment.
Budget constraints will prohibit us from picking up yard waste from the
curbside. In place of curbside pickup, the department will set up nine (9)
drop off points, one in each councilmanic district. A department vehicle,
along with one employee will be stationed on days and times to be announced, to
assist the city residents in the removal of his or her yard waste.
The department will advertise the time and places of the drop-off points
by the first of May. This program will operate from May 15th to October l,
1994, which will coincide with the end of the City's Trash Program.
REFERRED TO THE COMMITTEE ON FINANCE.
FROM THE COMMISSIONER OF INSPECTIONS AND COMMUNITY REVITALIZATION
No. 65
US Food - 235 Esser
Item No. 45, C.C.P. 3/22/94
With regard to the legal use of 235 Esser as a grocery stored
please be advised it is my understanding that the legal use of a building shall
be determined through a building permit.
A check of the permit records shows the last use through a building
permit is for a store (1946). No other permits establishing use were found.
This accompanied with the interpretation of a non-conforming use by Matthew J.
Baudo, Director of Housing and Property inspections not being retroactive. It
was our belief the store located at 235 Esser was grandfathered.
Upon receiving conflicting opinions submitted to your Honorable Body by
the Corporation Counsel and the Department of inspections and Community
Revitalization, the Division of Housing and Property inspections reopened the
investigation of the subject of 235 Esser and more specifically, clarification
of city code 511-111, Non-conforming use.
After receiving clarification of city code 511-111, it is our opinion and
we do concur with the Corporation Counsel, that a store located at 235 Esser
became a nonconforming use in 1953 when the district in which this property is
situated became an R2 District.
The above being the fact in accordance with city code 511-110
(Discontinuance) the property lost its nonconforming use when it was
discontinued for usage as a dance studio. Therefore, any use of this space
located at 235 Esser without first obtaining a Building Permit for use would be
illegal.
Should your Honorable Body have& further questions on this matter please
advise.
RECEIVED AND FILED.
No. 66
Opposed use of 221 Linwood
Item No. 98, C.C.P. 3/22/94
In regards to use of 221 Linwood, it is our understanding that
in accordance with 511-110 Discontinuance; use was abandoned during the vacancy
of the property for over a one year period. Therefore, the use is not a B-2
Multiple Dwelling. This property has not been licensed by the City of Buffalo
since February of 1993.
Furthermore, the Department of inspections and Community Revitalization
has disapproved a license application #72361 for a Lodging House on April 4,
1994.
Furthermore, the Department of inspections and Community Revitalization
has notified the owner of 221 Linwood that a use permit is required.
Please note attachments regarding this subject. We trust this will
satisfy your inquiry.
RECEIVED AND FILED.
No. 67
City Of Buffalo Employee(s) Or Relative Of City Of Buffalo Employee(s) Applying
For Rehabilitation Grants/Loans
Mary Howze
47 Thatcher Street
Buffalo, New York 14215
Son, Earl Howze, Jr, is a Firefighter for the City of Buffalo.
Philip Crawford
240 Carl St.
Buffalo, N.Y. 14215
Philip Crawford is employed by the Board of Education as a
Stationary Engineer.
Terrance & Diane Hall
74 Andover Street
Buffalo, New York 14215
Father, Calvin Hall, is employed by the B.M.H.A. Police.
Helen J. Irvine
161 Colgate Avenue
Buffalo, New York 14220
Cousin, James Higgens is employed by the City as a Laborer II.
Henry & Jeanette Kramer
1087 Seneca St.
Buffalo, New York 14210
Jeanette Kramer is employed by the Board of Education as an
Office Aide.
Catherine Scardino
90 Putnam St.
Buffalo, New York 14213
Nephew, John Scardino is President of the Union, City of
Buffalo.
Michael & Nancy Muroff
12 Navel Street
Buffalo, New York 14211
Nancy Muroff is employed by the Board of Education as a Bus
Aide.
Matthew & Patricia Carrig
53 Oakhurst Ave.
Buffalo, New York 14220
Son, Patrick Carrig is a Firefighter/Son Brian Carrig is employed
by Streets Recycling
Son-in-Law, Bart Sumbrum, is a Firefighter.
Charles & Genneth Jackson
106 Wilkes Avenue
Buffalo, New York 14215
Genneth is employed by the Bd. of Education as a Teacher's
Aide/Her brother-in-law,
David Jackson is also a Teacher for the Bd. of Ed.
David & Janet Mills
27 Dallas Rd
Buffalo, New York 14220
David Mills is employed by the BMHA as a Gen. Mach. His
brother, John Mills also works
for the BMHA, as well as another brother, Tom Mills, who is a City
of Bflo. Bldg. Inspec.
Bertha Fieramusca
33 Lakeview Avenue
Buffalo, New York 14201
Nephew, Charles Fieramusca is employed by Police Dept. as
Chief of Homicide.
Mary Gillespie
76 Beverly Road
Buffalo New York 14208-1217
Mary Gillespie is employed by the Bd. of Education as a
Teacher's Aide.
Alfio & Natala Giaccotto
227 Hampshire St.
Buffalo New York 14213-2021
Son-in-Law, Phil Aliano, is employed by Bd. of Education as a
Substitute Teacher.
Clarence Jackson
39 Monticello
Buffalo N.Y. 14214
Niece, Cheryl Jackson, is employed by Board of Education as a
Teacher's Aide.
Vincent Barnes
168 Kenefick Street
Buffalo N.Y. 14220
Sister, June Barnes, is employee of Sewer Authority.
Mark Boyd
228 Hutchinson Street
Buffalo N.Y. 14215
Mark Boyd is employed by Board of Education as a Substitute
Teacher.
Cynthia Moore
683 East Utica Street
Buffalo N.Y. 14211
Daughter, Pamela Moore, is employed by Board of Education-
position not stated.
Gregory Wagner
47 Van Rensselaer Street
Buffalo N.Y. 14210
Gregory Wagner is employed by the Street Sanitation Dept.
Cheryl Dabney
595 Northumberland Avenue
Buffalo N.Y.. 14215
Cheryl Dabney is employed by the Board of Education as an
Aide.
Richard & Patricia Morin
145 Phyllis Avenue
Buffalo N.Y. 14215
Patricia Morin is employed by the Board of Education as a
Substitute Teacher.
Helen Carlo
23 Sherwood Avenue
Buffalo N.Y. 14213
Brother, William Keohane, and Nephew, Stephen Keohane are
Buffalo Firefighters.
Francesco Meli
309 Fifteenth Street
Buffalo N.Y. 14213
Brother, Santo Meli, is employed by the Buffalo Sewer Authority.
Karen Lane
126 Stevens Street
Buffalo N.Y. 14215
Aunt, Yvonne Morrell is employed by Board of Education as a
Teacher.
Cousin, James Morrell is employed by the City as a Planning
Engineer.
Norman & Patricia Kline
77 Kingston Street
Buffalo, New York 14210
Daughter, Kathleen Kearns, is employed by Board of Education
as a Steno-Waterfront School
Frank & Carrie Colangelo
399 Fourteenth St.
Buffalo, New York 14213
Nephew, Sam Colangelo, is employed by the City as a
Firefighter.
Jane Withey
238 Herkimer Street
Buffalo, New York 14213
Nephew, Donald Degner is employed by the Housing Authority.
Alanna Cooley
44 Hayden Street
Buffalo, New York 14210
Alanna Cooley is employed by the Bd of Education as a
Teacher's Aide.
Louis & Jeanne Marinaccio
420 West Delavan Avenue
Buffalo, New York 14213
Cousin, Charles Fieramusca, is Homicide Chief for the City of
Buffalo Police Department
Arlene McCarthy
271 Vermont Street
Buffalo New York 14213
Ms. McCarthy is employed by the Police Dept. as a Crossing
Guard.
Vincent & Concetta Nizzari
590 West Avenue
Buffalo New York 14213
Nephew, Guy Latona is employed by the Board of Education.
Janette Diebel
178 Bird Avenue
Buffalo New York 14213
Sister, Betty Devine, is employed by the Board of Education as a
Teacher's Aide.
Mary Ann Hassett
68 A Altruria Street
Buffalo New York 14220
Brother, Patrick O'Brien is employed by the Dept. of Police as a
Lieutenant
Her brother-in-law, Jeremiah Hassett is a Detective (Police)
Son, Timothy Hassett is employed by the City as a Laborer.
Son, Barry Hassett is employed by the City as a Laborer.
Jane Withey
238 Herkimer Street
Buffalo New York 14213
Nephew, Donald Degener is employed by the Housing Authority.
Sophia Tutuska
324 Germania Street
Buffalo New York 14220-1135
Ms. Tutuska is employed by the City of Buffalo as a Typist.
Columbia Howard
149 Southside Pkwy
Buffalo New York 14220
Son, Salvatore Howard, is employed by the City as a Mechanic.
Ann Humphrey
246 Johnson St
Buffalo New York 14211
Daughter, Elizabeth Humphrey, is Attendance Officer for Bd. of
Education.
RECEIVED AND FILED.
No. 68
Correct Bid Emergency Demo
1489 Fillmore Ave aka G. E. Plant
Item No. 124 CCP dated 2/22/94
A typographical error was made in the report of bid for the above-stated
property.
The lowest responsible bidder, Jack Eisenbach Engineering, P.C.'s dollar
amount of bid was reported as $53,340.00, the correct dollar amount of this bid
should read: $53,040.00.
Mr. Pitts moved:
That the communication from the Commissioner of Inspections and Community
Revitalization, dated April 4, 1994, be received and filed; and
That the amount of the bid for Report of Emergency Bid - 1489 Fillmore
Avenue a/k/a G.E. Plant should be $53,040.00 and not $53,340.00 as previously
approved in Item No. 124, C.C.P., February 22, 1994.
PASSED.
AYES- 12 NOES- 0.
No. 69
Proposed Ordinance Amendment Chapter 94
Boilers & Engines; Engineers
Item # 196, CCP 4/5/94
Item #196, CCP 4/5/94, proposes an amendment of Chapter 94-16.1
of the Ordinances which would provide the Head of this department with
authority to designate an individual(s) to examine applicants for Stationary
engineer and Refrigeration Operator licenses. The proposal further states that
such individual(s) may be in addition to a Director of Fuel Devices or a Chief
Examiner of Stationary Engineers provided that he/she is a United States
citizen and has a Chief Engineer's License and not less than six years of
practical experience as a Stationary Engineer.
In response to your request for comments and recommendations, please be
advised that the undersigned supports the proposed ordinance amendment and
urges its passage.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
No. 70
Certificate of Appointment
Appointment effective 4/4/94 in the Department of Inspections
& Community Revitalization, Gene M. Fronczak, 91 Ledger St., Buffalo, NY 14216
to the position of Building Inspector, Temporary, at the Maximum starting
salary of $32,057.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
No. 71
Certificate of Appointment
Appointment effective 4/4/94 in the Department of Inspections
& Community Revitalization, Gary W. Ziolkowski, 82 Howell, Buffalo, New York
14207, to the position of Chief Building Inspector, Provisional, at the Maximum
starting salary of $36,018.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
FROM THE COMMISSIONER OF ADMINISTRATION AND FINANCE
No. 72
Ordinance Amendment Ch. 175 (104) - Fire FPT Fees
Res. #197, C.C.P. April 5, 1994
The Department of Administration & Finance supports this Ordinance
Amendment. This amendment was recommended by the Fire Department and its costs
are in line with procedures established in many cities and generally accepted
by the insurance industry. In 1992-93 we realized $6,700 in revenue from these
fees; 1993-94 revenue is currently projected at $7,000. It is anticipated that
these new fees will increase City revenue to $12,000 in 1994-95.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 73
Amend. Ch. 175 (75) Amusement Fees
Res. #176, C.C.P. March 22, 1994
The Department of Administration & Finance would like to go on
record as opposing the each device proposal and supporting the per device in
arcade proposal contained in the above referenced Resolution.
The per device in arcade fee should be $47.25 not $78.75 as in the
current City Ordinances. This fee appears to have been incorrectly listed as
$78.75 in the ordinance; amusement licensing fees were challenged in court in
the mid 1980's and were lowered as a result. The correct amount should be
$47.25 for each device in an arcade.
I am opposed to changing coin controlled amusements from $141.75 per
location to $47.25 per each device.
Under the current City Ordinance a location could operate up to three
coin controlled amusements for $ 141.75 per location per year. If an operator
elected to install a fourth amusement he/she would then come under the arcade
laws. It was decided to license the location last year rather than the device
since the City was losing revenue by not being able to enforce licensing each
device. Operators would regularly change machines without securing a City
license. Under the current Ordinance an operator can change (devices as often
as he/she wants as long as he/she does not exceed three devices.
The only parties that are somewhat disadvantaged are operators who
previously operated less than three devices. However, they now enjoy the
advantage of increasing the number of machines up to three and changing them as
often as they want without incurring an additional fee.
Currently, the City has licenses granted under both cases. In order to
grant a refund the City would have to know how many devices were in each
location at the time the current ordinance was passed and since this
information was not required for up to three devices the City has no way of
obtaining this information.
Each operator could say he/she operated only one machine in each location
and was therefore entitled to a refund for two devices. In short, claims could
be filed for $94.50 for each location without the City being able to prove
otherwise. Needless to say, the City should not entertain changing this aspect
to the Ordinance or refunding fees.
Revenue generated by coin controlled amusement devices amounted to
$49,000 for 1992-93.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 74
Request Ordinance To Reduce Landscape License Fee
Item #181, C.C.P. April 5, 1994
The Department of Administration & Finance would like to go on
record as opposing the reduction of the Landscaper's License Fee from $100 to
$10. The $10 fee does not even begin to cover the cost of administration as
outlined in the legislation; the intent of which is to provide a full scale
license to do business as a landscaper.
The intent, as we understand it, is to protect City residents from
fly-by-night contractors. In order to do this the license requires proof of
compensation and liability insurance, proof of all vehicle registration, proof
of tax I.D. number, procedures for compliant resolution, court time, etc. There
is more to this license than a $10 vehicle certificate as currently proposed;
it is, in fact, a full blown license to conduct business in the City of
Buffalo.
Another reason this license should not be lowered to $10 is that there
are plans to include snow plowing under this license since many landscapers are
involved in this activity as well. Even though snow plows currently require a
license, there is a need for more regulation in this area since private snow
plowing can cause a great deal of havoc when contractors deposit-snow on City
streets and right of ways. In addition, there are also plans to set up
procedures for a reimbursement program where by a landscaper can receive a
credit if he/she brings rubbish directly to Parker Bay rather than leaving it
for the City to pick up, thus increasing our tipping costs.
I urge you to leave this fee at $100.
REFERRED TO THE COMMITTEE ON FINANCE.
FROM THE COMMISSIONER OF HUMAN RESOURCES
No. 75
Certificate of Appointment
Appointment effective April 14, 1994 in the Department of Human
Resources, Division of Substance Abuse Services, Marie Ferraro, 60 Highgate,
Buffalo 14214, to the position of Counselor III, Provisional, at the
Intermediate starting salary of $22,955.00
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
No. 76
Certificate of Appointment
Appointment effective April 14, 1994 in the Department of Human
Resources, Division of Substance Abuse Services, Willie Johnson, 202 East
Amherst St., Buffalo 14214, to the position of Counselor III, Provisional, at
the Intermediate starting salary of $24,466.00
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
FROM THE COMMISSIONER OF GENERAL SERVICES
No. 77
Waive Performance Bond for United Uniform Co., Inc. For The Purchase of Bullet
Proof Vests- Department of Police
Bids were opened on Wednesday, January 5, 1994, for Bullet Proof
Vests for the Department of Police. United Uniform Co., Inc., 495 North French
Road, Buffalo, NY 14228, was the only bidder.
I am requesting permission to waive the requirement of a performance bond
for this contract for the following reasons:
1. The comparatively small dollar amount of this contract.
2. The manufacturer is Point Blank, who is quoting a sixty (60) Day delivery
on these special make items.
3. The expense of obtaining performance bonds.
We have regularly purchased uniform items from this vendor and find them
reliable.
Mr. Pitts moved:
That the communication from the Department of General Services, dated
April 11, 1994, be received and filed; and
That the Commissioner of General Services be, and he hereby is,
authorized to waive the requirement of a performance bond for United Uniform
Co., Inc. for the purchase of Bullet Proof Vests for the Department of Police.
PASSED.
AYES- BELL, COPPOLA, CZAJKA, FAHEY, FRANCZYK, HELFER, LOCKWOOD, LOTEMPIO,
PITTS, ZUCHLEWSKI- 10.
NOES- ARTHUR, COLLINS- 2.
FROM THE CIVIL SERVICE COMMISSION
No. 78
Salary Ordinance Amendment - Human Resources
Res. #187, C.C.P. March 22, 1994
You have requested this office to provide an opinion as to whether
a department head has the authority to laterally transfer an employee from one
division to another within their department.
Be advised, neither the Civil Service Law nor the Rules for the
Classified Civil Service of the City of Buffalo prohibit this action.
I trust this satisfies your inquiry.
RECEIVED AND FILED.
FROM THE CITY CLERK
No. 79
Interim Report
Attached is the interim report of the Buffalo Parks Conservancy
Task Force. Your consideration is greatly appreciated.
REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT AND THE COMMISSIONER OF
PARKS.
No. 80
Auto Allowance
The following departments have filed the required certificate
relative to the granting of automobile transportation allowances for employees
In their respective departments:
Public Works - Robert A. O'Hara
RECEIVED AND FILED.
No. 81
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
86 Ledger St. Goodfellows Goodfellows, Inc
REFERRED TO THE COMMISSIONER OF PUBLIC WORKS, THE COMMISSIONER OF INSPECTIONS &
COMMUNITY REVITALIZATION, AND THE COMMISSIONER OF ASSESSMENT.
No. 82
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- Robb Haenszel, Jean Reeves
Public Works- Emil Wantuck
Inspections and Community Revitalization- Gary Ziolkowski,
Joseph Paolucci
RECEIVED AND FILED.
No. 83
Reports of Attendance
I transmit herewith communications received by me, from the various
boards, commissions, agencies and authorities reporting the membership
attendance at their respective meetings:
Board of Stadium and Auditorium
City Planning Board
Commission on Human Relations
Municipal Housing Authority
Youth Board
RECEIVED AND FILED.
No. 84
Notices of Appointments - Council Interns
I transmit herewith appointments to the position of Council Intern.
Mr. Pitts moved the approval of the appointments to the position of
Council Intern.
ADOPTED.
Appointment effective April 5, 1994 in the Department of Common Council
Matthew D. Clabeaux, 184 Congress St., Buffalo , NY 14213, to the position of
Intern IV, Seasonal, at the Flat starting salary of $6.00 hr.
No. 85
Notices of Appointments - Seasonal/Flat
I transmit herewith certificates received by me, reporting seasonal
and flat salary appointments made in various departments.
RECEIVED AND FILED.
DEPARTMENT OF STADIUM & AUDITORIUM
Appointment effective April 11, 1994 in the Department of Stadium
& Auditorium, Division of Memorial Auditorium, Peter A. Vullo, 116 Crowley
Ave., Buffalo, 14207, to the position of Laborer I, Seasonal, at the Flat
starting salary of $ 6.22/hr.
Appointment effective April 8, 1994 in the Department of Stadium &
Auditorium, Division of Pilot Field Stadium, to the position of Senior First
Class Stationary Engineer, Temporary, at the Flat starting salary of $ 7.33 hr.
John V. LoTempio, 57 Wilbury Place, Buffalo, 14216
Michael J. Schieber, 168 Dundee Street, Buffalo, 14220
Appointment effective April 11, 1994 in the Department of Stadium &
Auditorium, Division of Memorial Auditorium, Brian Shea 387 Okell St., Buffalo,
14220, to the position of Laborer II, Permanent, at the Minimum starting salary
of $9.38 hr.
DEPARTMENT OF PUBLIC WORKS
Appointment effective 3/31/94 in the Department of Public Works,
Division of Engineering, Richard Toczek, 139 Peter St., Buffalo, NY 14207, to
the position of Laborer I, Seasonal, at the Flat starting salary of $6.22 hr.
Appointment effective 4/6/94 in the Department of Public Works, Division
of Engineering, William Crapo, 574 Marilla St., Buffalo, NY 14220, to the
position of Laborer I, Seasonal, at the Flat starting salary of $6.22 hr
Appointment effective 4/11/94 in the Department of Public Works, Division
of Engineering, John D. Rodriguez, 215 Efner St., Buffalo, NY 14201, to the
position of Laborer I, Seasonal, at the Flat starting salary of $ 6.22 hr.
Appointment effective 4/13/94 in the Department of Public Works, Division
of Engineering, James Smith, 92 Montclair Avenue, Buffalo, NY 14215, to the
position of Laborer I, Seasonal, at the Flat starting salary of $ 6.22 hr.
Appointment effective 4/18/94 Department of Public Works Division of
Engineering, Craig Leone, 107 Richmond Ave., Buffalo, NY 14222, to the position
of Laborer I, Seasonal, at the Flat starting salary of $ 6.22 hr.
DEPARTMENT OF PARKS
Appointment effective April 11,1994 in the Department of Parks,
to the position of Laborer II, Seasonal, at the Flat starting salary of $6.92.
Willie Simmons, 81 Waverly Street, Buffalo 14208
Joseph Thompson, 140 Deerfield, Buffalo 14215
Edward Woelfle, 239 Parkside, Buffalo 14214
Appointment effective April 18,1994 in the Department of Parks, to the
position of Laborer II, Seasonal, at the Flat starting salary of $6.92.
Louis Bielli Jr., 422 Davey Street, Buffalo 14206
Robert Carnevale, 268 Parker Avenue, Buffalo 14214
DEPARTMENT OF HUMAN RESOURCES
Appointment effective April 6, 1994 in the Department of Human
Resources, Division of Youth, to the position of Attendant, Temporary, at the
Flat starting salary of $4.42 per hour
Clyde J Utz, 115 Gatchell, Buffalo 14212
Ilham Askia, 127 Richlawn, Buffalo 14215
Raven Johnson, 518 Glenwood, Buffalo 14208
Appointment effective April 6, 1994 in the Department of Human Resources,
Division of Youth, James J Wojcik Jr., 152 East Buffalo 14207, to the position
of Lifeguard, Seasonal, at the Flat starting salary of $5.20 hr.
DEPARTMENT OF CITY CLERK
Appointment effective April 11, 1994 in the Department of City
Clerk, Hubert W. O'Connor, 1547 Hertel Avenue, Buffalo, N.Y., 14216, to the
position of Dog Enforcement Clerk, Temporary, at the flat starting salary of
$6.22 Hr.
No. 86
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 3/31/94 in the Department of Public Works
Division of Engineering, Robert Coniglio, 23 Kimmel Street, Buffalo, NY 14220,
to the position of Engineering Aide, Provisional, at the Minimum starting
salary of $20,382.
DEPARTMENT OF PARKS
Appointment effective April 4,1994 in the Department of Parks
Division of Recreation, Larry Middlebrooks, 141 Leroy, Buffalo 14215, to the
position of Recreation Instructor, Temporary, at the Minimum starting salary
of $ 21,197.
DEPARTMENT OF POLICE
Appointment effective December 6, 1993 in the Department of Police,
Peter Nigrelli, 160 Bloomfield Avenue, Buffalo 14220 to the position of Cell
Block Attendant, Provisional, at the Minimum starting salary of $21,206.
DEPARTMENT OF FIRE
Appointment effective 4/11/94 in the Department of Fire Kenneth
W. Poczkalski, 42 Layer Avenue, Buffalo, New York 14207 to the position of
Assistant Fire Alarm Dispatcher, Permanent, at the Maximum starting salary of
$40,531.
NON-OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES
NON-OFFICIAL COMMUNICATIONS
No. 87
MATEN ENTERPRISES
Filing Of Rezoning With County Clerk
This letter is to notify you that resolution 128 dated March 22,1994
rezoning various properties belonging to Maten Enterprises was filed with the
County Clerk's on April 6,1994.
RECEIVED AND FILED.
No. 88
NATIONAL FUEL
I appreciate your filing the attached response to the above referenced
resolution at your earliest convenience.
If you should need to contact me, I can be reached at 857-7667.
RECEIVED AND FILED.
No. 89
NYSDEC
Hazardous Site Reclassification- American Brass
The Department of Environmental Conservation (DEC) maintains a
Registry of sites where hazardous waste disposal has occurred. Property located
at 446 Military Road in the City of Buffalo and County of Erie and designated
as Tax Nap Number 77-590-6-1 was recently reclassified as a Class 3 in the
Registry. The name and site ID number of this property as listed in the
Registry is Anaconda Company/American Brass, #915007.
The Classification Code 3 means that the site does not present a
significant threat to public health or environment. Action may be deferred.
We are sending this letter to you and others who own property near the
site listed above, as well as the county and town clerks. We are notifying you
about these activities at this site because we believe it is important to keep
you informed.
If you currently are renting or leasing your property to someone else,
please share this information with them. If you no longer own the property to
which this letter was sent, please provide this information to the new owner
and provide this office with the name and address of the new owner so that we
can correct our records.
The reason for this recent classification decision is as follows:
The American Brass Company had disposed facility-generated wastes in a
section of the north end of the property for approximately 40 years. Localized
surface soils are heavily contaminated with PCB's, cadmium, lead and arsenic.
Contaminated soil was found to have over 50 ppb PCB in several samples (EPA ID
#B007), and failed both TCLP and EP Tox for cadmium (EPA ID #ID006).
Groundwater samples are contaminated wit lead and VOC's, but groundwater is not
used as a drinking water source in the area. Therefore, the site does not pose
a significant threat to the public health or the environment. Since there was
documented disposal of hazardous wastes, but no significant threat, this site
should be listed as a Class 3 on the NYS Registry of Inactive Hazardous Waste
Sites.
If you would like additional information about this site or the inactive
hazardous waste site remedial program, call:
DEC's Inactive Hazardous Waste Site Toll-Free Information Number
1-800-342-9296. Or New York State Health Department's Health Liaison Program
(HeLP) 1-800-458-1158, ext. 402.
REFERRED TO THE COMMITTEE ON LEGISLATION AND THE ENVIRONMENTAL MANAGEMENT
COMMISSION.
No. 90
NSYDOT
Reply to Kensington Expressway
Grider Ramp Concerns
We have received a certified copy of the subject resolution.
A highway safety investigation has been initiated at this location. This
investigation has already entailed two field visits to the subject location.
The Regional Traffic Engineering and Safety Group will study the accident
history and as part of the study, a conflict analysis will be performed. The
purpose of the conflict analysis is to help us identify "close calls" or "near
misses".
When we have completed our analysis, we will inform you of our findings
and any resulting recommendations.
Thank you for your concern regarding this location. We look forward to
working with the City of Buffalo on this matter. If you have any questions,
please contact our office.
REFERRED TO THE COMMITTEE ON FINANCE, THE COMMISSIONER OF PUBLIC WORKS AND THE
CORPORATION COUNSEL.
No. 91
C. SPEERS
Streets Dept. Reform Proposals
To The City Clerk and The Common Council of the City of Buffalo:
Please find attached my 1994 STREETS DEPARTMENT REFORM PROPOSAL.
REFERRED TO THE COMMITTEE ON FINANCE AND THE COMMISSIONER OF STREET SANITATION.
No. 92
TCI OF NY, INC.
Notification Of Corporate Reorganization
Attached for your information is a certificate notifying you of
the corporate reorganization of Tele-Communications, Inc., (TCI). As described
in the attached document, TCI will be recombining with Liberty Media
Corporation to form a new company, TCI/Liberty Holding Company. TCI of New
York, Inc. is a subsidiary or affiliate of TCI, and while there will be no
change in the direct ownership or control of TCI of New York, Inc., nor any
transfer or assignment of its franchise as a result of this reorganization, we
wish to apprise you of this reorganization.
Let me assure you that there will be no change in our local operations,
or in our commitment to our subscribers. We will continue to provide the
highest quality cable television service to the City of Buffalo, and look
forward to forging an even stronger relationship with you as we explore the
future of telecommunications together.
Should you have any questions, please do not hesitate to call.
REFERRED TO THE SPECIAL COMMITTEE ON CATV.
PETITIONS
No. 93
M. Curto, operator, petition to use 210 Porter Avenue for a take- out
restaurant
REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD,
AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT.
No. 94
Gelinmac Storage, owner, petition to use 20 Buffalo River for the manufacture
of animal feed.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD,
AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT.
No. 95
Jafco Realty Corp., owner, petition to use 2192 Niagara for a pole sign.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD,
AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT.
Reports of Regular Committees
Civil Service
Rosemarie LoTempio
Chairman
No. 96
Appointment
Stadium and Auditorium/Laborer II
That Communication No 5 Apr. 5,1994 be received and filed and
the Permanent appointment of David A. Brown stated above at the Intermediate
salary $ 10.00 P/H effective on April l, 1994 is hereby approved.
PASSED.
AYES- 12 NOES- 0.
No. 97
Appointment
Public Works/Accountant
That Communication No 45 April 5, 1994 be received and filed and
the Provisional appointment of Claudia Zona stated above at the Maximum salary
$ 29,990.00 effective on Mar. 30, 1994 is hereby approved.
PASSED.
AYES- 12 NOES- 0.
No. 98
Appointment
Parks/Supervisor of Recreational Activities
That Communication No. 46 Apr 5, 1994 be received and filed and
the Temporary appointment of Jacqueline Gonser stated above at the Maximum
salary $29,269.00 effective on Mar 28, 1994 is hereby approved.
PASSED.
AYES- 12 NOES- 0.
No. 99
Notices of Appointments (Temp./Prov. ) (C.Clerk)
(Item # 80 CCP April 5, 1994)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
Finance
David Collins
Chairman
No. 100
Authorized but Unissued Debt
and Bond Closeouts
(Item No. 13, C.C.P., Mar. 8, 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. 101
Former War Memorial Stadium Facility
(Item No. 50, C.C.P., Apr. 5, 1994)
That Item No. 50, C.C.P., April 5, 1994 be and the same is received
and filed; and that the Mayor be, and he hereby is authorized to execute the
revised Memorandum of Understanding concerning the use of the former War
Memorial Stadium located at 295 Dodge Street in the City of Buffalo, State of
New York between the City of Buffalo and the City of Buffalo Board of Education
as follows:
1. TERM:
This Agreement shall remain in effect for a period of Ten (10) years
commencing on the date of its execution. The AGREEMENT shall be subject to
Annual review and changes by the CITY and the BPS and it maybe extended for an
additional Ten (10) years, upon the mutual agreement of both parties.
2. SCHEDULED EVENTS:
The WAR MEMORIAL STADIUM COMMUNITY BOARD (hereinafter, the "BOARD"),
shall give priority to the BPS' scheduled events at the facility without the
imposition of a user fee, from March 1st until the end of June and from
September 1st until the end of November of each year for the duration of this
Agreement. The BPS' Director of Physical Education shall submit to the BOARD a
schedule of the proposed BPS events by September 1, of each school year.
3. RESPONSIBILITIES OF THE CITY/WAR MEMORIAL STADIUM COMMUNITY BOARD:
The CITY/BOARD shall:
(a) Establish policies for the use and operation of the facility.
(b) Purchase athletic equipment listed in Exhibit "A" (worth $42,000.00)
and turf and maintenance equipment (worth $35,000.00), with funds from the
Department of Community Development.
(c) Make all major capital and structural repairs, contingent upon
funding availability.
The major structural repairs shall be made upon 120 days' written notice
from the BPS and only with the written approval of the Department of Public
Works.
(d) Secure bids and enter into a contract to complete the interior
finishes by September 1, 1994 and provide cooking equipment in the concession
area.
(e) Install basic alarm system in the service building in the facility.
(f) Clean the facility after all non-BPS events.
(g) Pay all utility bills from non-BPS events.
(h) Schedule, process and approve application for the use of the facility
by various organizations, agencies and groups in accordance with the
requirements stated in Exhibit "B". The BOARD also shall have the right to
assess and impose a reasonable user charge based upon costs incurred in the
performance of the responsibilities stated in paragraphs "f" and "g".
4. RESPONSIBILITIES OF THE BOARD OF EDUCATION (BPS):
THE BPS SHALL:
(a) As a Tenant under this AGREEMENT, assume and pay all normal
operational, including utility cost, maintenance and repair costs, incurred by
the BPS when using the facility.
(b) Provide or require security and emergency medical services during BPS
events as are necessary and reasonable to maintain order and to protect
participants, officials and spectators
(c) Clean the facility after each BPS event including without limitation:
(i) providing personnel, supplies, and equipment for clean-up of the
field, seating stands, and grounds;
(ii) having bleacher seats clean;
(iii) remove all refuse and make all repairs when necessary to prepare
the tracks and field for use;
(iv) promptly remove and dispose of all rubbish, trash, and garbage
exclusive of concession stands in the facility prior to the next scheduled
event; and
(v) keep public lavatories clean, supplied, and in working order for
three hours before, one hour after, and during any event held at the facility.
(d) Protect, indemnify and save harmless the CITY from and against any
and all losses, damages, and claims, including without limitations, personal
injury, wrongful death, property damage, or otherwise, which may be incurred by
the CITY or asserted against it, arising out of the use of the facility by the
BPS, its employees or agents, but there shall be no indemnification on behalf
of the BPS while other entities, groups or agencies use the facility.
5. TERMINATION:
Either party may terminate this AGREEMENT upon One (1) year's prior
written notice to the other.
6. EXCULPATORY PROVISION:
Notwithstanding anything to the contrary contained herein, no provision
covenant or agreement contained herein or the breach thereof shall constitute
or give rise to or impose upon the CITY a pecuniary liability or a charge upon
its general credit.
PASSED.
AYES- 12 NOES- 0.
No. 102
Negotiate Private Sale 2175 Fillmore Ave. (Compt)
(Item # 23 CCP Feb. 22, 1994)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 103
R. Jackson - Subsidy Grant 724 Northampton St.
(Item # 74 CCP Jan. 25, 1994)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 104
Subsidy Grant - 724 Northampton St (Compt)
(Item # 28 CCP Feb. 22, 1994)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 105
Request Ordinance Increase Cap on Performance Bonds
(Item # 209 CCP Feb. 22, 1994)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
AYES- ARTHUR, BELL, COLLINS, COPPOLA, CZAJKA, FAHEY, FRANCZYK, HELFER,
LOCKWOOD, LOTEMPIO, PITTS- 11.
NOES- ZUCHLEWSKI- 1.
No. 106
Raise Cap on Performance Bonds (GS)
(Item # 69 CCP Mar. 8, 1994)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 107
Alternatives to Performance Bonds (GS)
(Item # 69 CCP Apr. 5, 1994)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 108
Change Water Billing System For Swimming Pool Owners
(Item No. 176, C.C.P., Mar. 8, 1994)
That the City's Division of Water be requested to provide an explanation
of its billing practices regarding homes that have swimming pools; and
That the Division of Water also advise that 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.
ADOPTED.
No. 109
Opinion Changes in Water Billing System (CC)
(Item # 49 CCP Mar. 22, 1994)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 110
Report of Bids - Tower Reconstruction - Ohio Lift Bridge
(Item No. 35, C.C.P., Apr. 5, 1994)
That the Commissioner of Public Works be, and he hereby is, authorized
to award the contract for the Tower Reconstruction and Elevator Rehabilitation
of the Ohio Street Lift Bridge to Nichter Associates, Inc., the lowest
responsible bidder, in an amount not to exceed $97,486.00, plus approved unit
prices not to exceed an additional amount of $2,514.00 for a total award amount
of $100,000.00. Funds for this work are available in account #200-401-507
Division of Engineering Bond Fund.
PASSED.
AYES- 12 NOES- 0.
No. 111
Report of Bids - New Gymnasium Bleachers
(Item No. 36, C.C.P., Apr. 5, 1994)
That the Commissioner of Public Works be, and he hereby is, authorized
to award the contract for New Gymnasium Bleachers at the Tosh Collins Center to
Nichter Associates, Inc., the lowest responsible bidder, in the amount of
$43,895.00. Funds for this work are available in account #200-402-061 Division
of Buildings.
PASSED.
AYES- 12 NOES- 0.
No. 112
Checks Received (Police)
(Item # 48 CCP Mar. 8, 1994)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 113
Opinion Checks Received by Police Department (CC)
(Item # 49 CCP Apr. 5, 1994)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 114
Removal of Michigan Avenue Bridge
(Item No. 204, C.C.P., Jan. 25, 1994)
That this Common Council request the Department of Public Works
to formally request the removal of the Michigan Avenue Bridge to the New York
State Department of Transportation.
That the Common Council's Finance Committee hold a Public Hearing to
demonstrate the community's support for this proposal.
PASSED.
AYES- 12 NOES- 0.
No. 115
Remove Michigan Ave. Bridge (PW)
(Item # 26 CCP Feb. 8, 1994)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 116
NYSDOT Removal of Michigan Ave. Bridge
(Item # 95 CCP Feb. 22, 1994)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
Legislation
Alfred T. Coppola
Chairman
No. 117
Angelo Tenebra, Petition to use
1199 Hertel Avenue - Take out Restaurant
(Item No. 91, C.C.P., Apr. 5, 1994)
That after a public hearing before the Committee on Legislation
on April 12, 1994, the petition of Angelo Tenebra, owner, for permission to use
1199 Hertel Avenue to convert an existing retail store into a take out
restaurant with two (2) apartments on the second floor be, and hereby is
approved.
PASSED.
AYES- 12 NOES- 0.
No. 118
Petroleum Sales, Petition To Use
650 Tonawanda St -Pole Sign
(Item No. 93, C.C.P., Apr. 5, 1994)
That after a public hearing the Committee on Legislation on April
12, 1994, the petition of Petroleum Sales, owner, for permission to use 650
Tonawanda Street for a pole sign be, and hereby is approved.
PASSED.
AYES- 12 NOES- 0.
No. 119
M. Wolasz, Petition To Use 211 Porter Avenue
(Item No. 94, C.C.P., Apr. 5, 1994)
That the above item be, and the same hereby is, returned to the
Common Council without recommendation.
Mr. Coppola now moved:
That after a public hearing before the Committee on Legislation on April
12, 1994, the petition of Mike Wolasz, for permission to use 211 Porter Avenue
to erect a take-out restaurant with a patio be, and hereby is approved with the
conditions as set by the Niagara Special Coastal Review District and the
Olmsted Parks and Parkway District.
PASSED.
AYES- 12 NOES- 0.
No. 120
E.C.I.D.A., Petition to use
100 River Rock - Pole Sign
(Item No. 96, C.C.P., Mar. 22, 1994)
That after a public hearing before the Committee on Legislation
on April 12, 1994, the petition of Paul Strada as agent for E.C.l.D.A., for
permission to use 100 River Rock to install two (2) non-illuminated ground
signs at the Free Trade Complex be, and hereby is approved.
PASSED.
AYES- 12 NOES- 0.
No. 121
K. China - Use 478 Elmwood - Cafe (HRG HELD)
(Item # 79 CCP Feb. 8, 1994)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 122
Use 478 Elmwood (City Planning Board)
(Item # 6 CCP Feb. 22, 1994)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 123
Nardin - Use 135 Cleveland - Sign (HRG HELD)
(Item # 91 CCP Dec. 28, 1993)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 124
Use 135 Cleveland (City Planning Board)
(Item # 8 CCP Feb 22, 1994)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 125
K. Klenk - Oppose Use 221 Linwood Ave. for Homeless
(Item # 98 CCP Mar. 22, 1994)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 126
Encroachment - 484 Elmwood - Sidewalk Cafe (PW)
(Item # 41 CCP Feb. 22, 1994)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 127
Local Law Intro. 4 (1994)
Executive Department
(Item No. 176, C.C.P., Apr. 5, 1994)
That the above item be, and the same hereby is, returned to the
Common Council without recommendation.
Mr. Coppola moved:
That the Local Law Introductory No. 4 (1994) as contained in Item No.
176, C.C.P., April 5, 1994, be and the same hereby is approved.
PASSED.
AYES- ARTHUR, BELL, COLLINS, COPPOLA, FRANCZYK, PITTS, ZUCHLEWSKI- 7.
NOES- CZAJKA, FAHEY, HELFER, LOCKWOOD, LOTEMPIO- 5.
No. 128
Notification Serials 8352 - 8363 (PW)
(Item # 28 CCP Apr. 5, 1994)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 129
Create Administrative Adjudication Bureau
Item # 188 CCP Mar. 22,1994)
That the above mentioned Item be and the same is hereby referred
to the Administrative Adjudication Task Force.
ADOPTED.
No. 130
Ordinance Amendment - Landscaping
Contracting License
(Item No. 181, C.C.P., Apr. 5, 1994)
That the above item be, and the same hereby is, returned to the
Common Council without recommendation.
That this Common Council of the City of Buffalo repeal the amended
landscaping license fee of $100.00 (One Hundred Dollars) and reinstate the
former vehicle certificate charge of $10.00 (Ten Dollars) to cover the window
decal and administrative costs; and
That the Corporation Counsel draft a new amendment to Chapter 144-15 of
Chapter 175, Landscaping Contractor License, reflecting the elimination of the
$100.00 (One Hundred Dollars) license fee and reinstate the vehicle certificate
charge of $10.00 (Ten Dollars).
LOST.
AYES- ARTHUR, COLLINS, COPPOLA- 3.
NOES- BELL, CZAJKA, FAHEY, FRANCZYK, HELFER, LOCKWOOD, LOTEMPIO, PITTS,
ZUCHLEWSKI- 9.
No. 131
Background Applicants Liquor Licenses (Assmt)
(Item # 25 CCP Apr. 5, 1994)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 132
Report on Operation of Ramps & Lots (CC)
(Item # 67 CCP July 21, 1993)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 133
"Rampgate" Explanation (Board of Parking)
(Item # 14 CCP Nov. 3, 1993)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 134
"Rampgate" Report (Police)
(Item # 49 CCP Nov. 3, 1993)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 135
Thruway Reconstruction Work
(Item # 202 CCP Mar. 22, 1994)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 136
Review of Parking Board Member Status (Bd. Ethics)
(Item # 7 CCP Feb. 8, 1994)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 137
Kleinhans - Request Increase in Number of Directors
(Item # 87 CCP Mar. 8, 1994)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 138
Appointment of Member of Buffalo Preservation Board
(Item No. 4, C.C.P., Mar. 8, 1994)
That the appointment of Dr. Nuala McGann Drescher, 34 Anderson
Place, Buffalo, New York as a member of the Buffalo Preservation Board for a
term expiring August 31, 1996, be and hereby is confirmed.
ADOPTED.
Economic Development
Carl A. Perla, Jr.,
Chairman
No. 139
Arcade Cinema Group - Refinancing Arcade Cinema
Section 108 Loan
(Item No. 85, C.C.P., Mar. 22, 1994)
That the Commissioner of Community Development be and hereby is
authorized to negotiate a new, longer term HUD 108 loan for the Arcade Cinema
building; provided that the Commissioner of Community Development and the
President of the Arcade Cinema Group report to this Common Council on a regular
basis on the status of negotiations between them, including provision of a
comparative analysis between the proposed refinancing agreement and the
original financing agreement.
PASSED.
AYES- 12 NOES- 0.
No. 140
Market Arcade Section 108 Loan
(Item # 189 CCP Apr. 5, 1994)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 141
Arcade Cinema 108 Loan (CD)
(Item # 61 CCP Apr. 5, 1994)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 142
BEDC - Refinance or Call Arcade Cinema Loan
(Item # 64 CCP Feb. 8, 1994)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 143
Opinion Refinancing Arcade Loan (CC)
(Item # 54 CCP Mar. 22, 1994)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 144
Amend L.D.A - City Centre (CD)
(Item No. 62, C.C.P., Apr. 5, 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. Czajka the item is properly
before the Common Council, and the Hearing be opened.
CARRIED.
Appearances: David Sengbush -Community Development
Mr. Pitts moved that the hearing be closed.
Seconded by Mr. Bell.
CARRIED.
Mr. Bell now moved to recommit to the Committee on Economic Development.
ADOPTED.
No. 145
LDA-Trammell Assoc./MHT Holdings I, P.L.-Michigan Ave.
Whereas, the Buffalo Urban Renewal Agency has duly designated
Trammell Associates/MHT Holdings 1, L.P., 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 Trammell Associates/MHT Holdings I, L.P., and/or other legal
entity to be formed was duly designated as qualified and eligible Redeveloper
by the Buffalo Urban Renewal Agency, is hereby approved as the Redeveloper for
a portion of Oak Street Redevelopment Project NYR-197.
2. That the Mayor, the Chairman or Vice-Chairman of the Buffalo Urban
Renewal Agency is hereby authorized to execute any and all deeds or other
documents necessary to convey land described in the proposed "Land Disposition
Agreement" to Trammell Associates/MHT Holdings I, L.P., and/or other legal
entity to be formed in accordance with the terms of said Agreements and for the
consideration recited therein.
3. That the approval of this Common Council is conditioned upon the use
of the Project for' exclusive occupancy by Senior Citizens and, that if the
Project fails to meet such conditions , this approval shall automatically be
rescinded.
PASSED.
AYES- ARTHUR, BELL, COLLINS, CZAJKA, FRANCZYK, LOCKWOOD, LOTEMPIO, PITTS,
ZUCHLEWSKI- 10.
NOES- FAHEY, HELFER- 2.
No. 146
LDA Walden Park Intergenerational Housing (HRG HELD)
(Item # 46 CCP Jan. 11, 1994)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 147
Opinion Employee Appearing Before Council (CC)
(Item # 47 CCP Jan. 25, 1994)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 148
Opinion LDA Connecticut New Housing (CC)
(Item # 47 CCP Mar. 22, 1994)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 149
Interest Buy Down Policy - New Housing (Compt)
(Item # 22 CCP Mar. 22, 1994)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 150
Status of Court/Franklin Project (CD)
(Item # 60 CCP Apr. 5, 1994)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 151
Horizons - Reply Federal Highway Demo. Project
(Item # 83 CCP Dec. 28, 1993)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 152
Status Federal Highway Projects (PW)
(Item # 40 CCP Mar. 22, 1994)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
RESOLUTIONS
No. 153
By Mr. Arthur
Appointment of Council/Committee Reporter
RESOLVED, that Karmen R. Swan, residing at 100 Mapleridge Avenue,
Buffalo, New York 14215, is hereby appointed as the Council and Committee
Reporter at the salary of $32,000, effective Monday, May 2, 1994.
ADOPTED.
No. 154
By: Messrs. Arthur and Coppola
Explore Impacts of Renovations at the
Delaware Avenue Jewish Center
Whereas: The Jewish Center at Delaware and Summer is an institution
that provides important services and benefits to our community, including day
care, senior services, athletic facilities and many other programs; and
Whereas: It is important to this Common Council that the Jewish Center
remain a viable and thriving institution at its current location; and
Whereas: Concerns have arisen because of the consolidation of a senior
program formerly at the Delaware Avenue Center into a program at the suburban
center and because planned renovations at the Center may interrupt programs
there; and
Whereas: It would be beneficial to work with the Jewish Center to insure
that services to city residents are maximized and that everything possible is
being done to maintain the viability of the Delaware Avenue Center;
Now Therefore Be It Resolved, That:
This Common Council requests the Council President to convene a Task
Force to work with the Jewish Center of Greater Buffalo, Inc. to insure the
viability of the Delaware Center and the continuity of the Centers programs;
and
Be It Further Resolved, That:
The City Clerk be directed to send a certified copy of this resolution to
the Jewish Center of Greater Buffalo, Inc.
ADOPTED.
No. 155
By: Mr. Arthur
City Of Buffalo
Local Law No ____ (1994)
Introductory No. 5 (1994)
A LOCAL LAW amending Section 109-r of Article 6 of the Charter
of the City of Buffalo in relation to the Executive Department.
BE IT ENACTED BY THE COMMON COUNCIL OF THE CITY OF BUFFALO AS FOLLOWS:
Section 1. That Section 109-r of Article 6 of the Charter of the City of
Buffalo, adopted pursuant to law, be amended to read as follows:
Sec. 109-r. Appointment and Removal.
Subject to confirmation by the council, the mayor shall appoint [seven]
eleven qualified electors of the city to be members of the board of parking.
The term of the seven original members first appointed shall commence on the
first day of April, nineteen hundred fifty-two, and such members shall be
appointed: one for one year, one for two years, one for three years, one for
four years, one for five years, one for six years and one for seven years, and
their successors shall be likewise appointed, each for the term of seven years.
The four additional members first appointed after April 1, 1994 shall be
appointed: one for four years, one for five years, one for six years, and one
for seven years, to be designated by the mayor, and their successors shall each
be appointed for a term of seven years. Vacancies in the board shall be
likewise filled for the unexpired portion of such term. The mayor shall
designate from among the members the chairman of the board and may, from time
to time, change such designation. The mayor may, at any time, remove a member
for reasons stated in writing, after an opportunity to be heard. Not more than
[four] six members of the board shall be affiliated in the same political party
at any one time.
Section 2. This local law shall take effect immediately.
APPROVED AS TO FORM
Edward Peace
Corporation Counsel
NOTE: Matter in brackets [ ] to be deleted; matter underlined is new.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 156
By: Mr. Arthur
Hellenic Festival Guide-Ropes Along Sidewalk
Be it Resolved:
That the Hellenic Orthodox Church of the Annunciation be, and hereby is,
authorized to temporarily install guide-ropes and warning signs along a 100
foot section of the sidewalk surrounding the Church, and to temporarily erect a
banner, from May 18 through May 24, 1994, to assist in the celebration of the
18th Annual Hellenic Festival at said location subject to the conditions set by
the Corporation Counsel and the Department of Public Works.
PASSED.
AYES- 12 NOES- 0.
No. 157
By: Mr. Bell
Application for State Grant-In-Aid
for Resource Recovery and/or Source
Separation/Recycling Equipment
Whereas: The State of New York provides financial aid for resource
recovery equipment, source separation equipment, or both, for the
implementation of small-scale, low-technology approaches to resource recovery;
and
Whereas: The City of Buffalo herein called the municipality, has examined
and duly considered the applicable laws of the State of New York and the
municipality deems it to be in the public interest and benefit to file an
application under these laws; and
Whereas: It Is necessary that a contract by and between the people of the
State of New York, herein called the state, and municipality be executed for
such state aid.
Now, therefore, be it resolved:
1. That the filing of an application in the form required by the State of
New York in conformity with the applicable laws of the State of New York
including all understanding and assurances contained in said application is
hereby authorized; and
2. That the Commissioner of Streets, Vincent J. LoVallo, is directed and
authorized as the official representative of the municipality to act in
connection with the application and to provide such additional information as
may be required and to sign the resulting contract if said application is
approved by the state; and
3. That the municipality agrees that it will fund its portion of the cost of
said Solid Waste Management Project; and
4. That the municipality or municipalities set forth their respective
responsibilities by attached join resolution relative to a joint Solid Waste
Recovery and Management Project', and
5. That five (5) certified copies of this resolution be prepared and sent to
the New York State Department of Environmental Conservation, Albany, New York
12233-4105, together with a complete application; and
6. That this resolution shall take effect immediately.
ADOPTED.
No. 158
By: Mr. Collins
Capital Budget Amendment
Addition to Capital Program 1993-94
That pursuant to section 359 of the Charter and the Certificate
of the Mayor and the Comptroller submitted to the Common Council, the Capital
Program for the fiscal year 1993-94 be and the same is hereby amended by adding
the following item under the heading:
200 Capital Projects
700 - Department of Street Sanitation
- Purchase of Trucks $1,700,000
PASSED.
AYES- ARTHUR, BELL, COLLINS, COPPOLA, CZAJKA, FRANCZYK, HELFER, LOCKWOOD,
LOTEMPIO, PITTS, ZUCHLEWSKI- 11.
NOES- FAHEY- 1.
No. 159
By: Mr. Collins
Increased Appropriation
Reserve for Capital Appropriations
Civil Service Commission
That, Pursuant to Section 41 of the Charter and the Certificate
of the Mayor and the Comptroller submitted to the Common Council, the
appropriation in the budget for the current fiscal year for Appropriation
Allotments - Civil Service Commission be and the same hereby is increased in
the sum of $6,400.
That, the comptroller be and hereby is authorized and directed to
transfer the sum of $6,400 from 100-890-050 - Reserve for Capital Budget
Appropriations to meet this increased appropriation as set forth below:
To:
100 General Fund
050 - Civil Service Commission
085 - Capital Outlay
982 - Operating Equipment $6,400
PASSED.
AYES- ARTHUR, BELL, COLLINS, COPPOLA, CZAJKA, FRANCZYK, HELFER, LOCKWOOD,
LOTEMPIO, PITTS, ZUCHLEWSKI- 11.
NOES- FAHEY- 1.
No. 160
By: Mr. Collins
Transfer Of Funds
Department of Fire
Civil Service Commission
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
$7,000 be and the same is hereby transferred from the Department of Fire and
said sum is hereby reappropriated as set forth below:
From:
100 General Fund
210 - Department of Fire
011 - Firefighting Services
110- Salaries $7,000
To:
100 General Fund
050 - Civil Service Commission
001 - Administrative and Advisory
460 - Building Materials $7,000
PASSED.
AYES- ARTHUR, BELL, COLLINS, COPPOLA, CZAJKA, FRANCZYK, HELFER, LOCKWOOD,
LOTEMPIO, PITTS, ZUCHLEWSKI- 11.
NOES- FAHEY- 1.
No. 161
By: Mr. Collins
Transfer of Funds
Appropriation Allotments
Enterprise Fund - Water
Department of 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
$33,361 be and the same is hereby transferred from various accounts in
Appropriation Allotments Enterprise Fund - Water and said sum is hereby
reappropriated as set forth below:
From:
410 Enterprise Fund - Water
98-0 Department of Water
012 - Filtration Plant
Personal Services
110-Salaries-Regular $2,239
119 - Salary Adjustment 866
123 - Shift Differential 521
132 - In Lieu of Summer Hours 25
013 - Repair & Installation of Water Meters Personal Services
110-Salaries-Regular 14,830
014 - Intake Pier Tower & Tanks Personal Services
110-Salaries - regular 7,703
121 - Acting Time 500
123 - Shift Differential 859
132 - In Lieu of Summer Hours 9
021 - Administrative Services
Personal Services
110-Salaries-Regular 4,809
114 - Overtime Pay 1,000
Total $33,361
To:
410 Enterprise Fund - Water
98-0 Department of Water
015 - Distribution System
Personal Services
114 - Overtime Pay 6,673
115- Holiday Pay 2,500
121 - Acting Time 6,821
022 - Engineering & Inspection of Water Lines
Personal Services
110-Salaries-Regular 7,465
031 - Mechanical Services
Personal Services
110-Salaries-Regular 6,174
114 - Overtime Pay 450
032 - Servicing Automotive Equipment
Personal Services
110-Salaries-Regular 2,707
114 - Overtime Pay 571
TOTAL $33,361
PASSED.
AYES- ARTHUR, BELL, COLLINS, COPPOLA, CZAJKA, FRANCZYK, HELFER, LOCKWOOD,
LOTEMPIO, PITTS, ZUCHLEWSKI- 11.
NOES- FAHEY- 1.
No. 162
By: Mr. Collins
Transfer of Funds
Transfer to Capital Debt Service Fund
Contributions to the Board of Education
&
Transfer from General Fund
Transfers from Board of Education
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
$5,686,101 be and the same is hereby transferred from the Appropriations
account - Transfer to Capital Debt Service Fund and from the Revenues account -
Transfer from General Fund and said sum is hereby reappropriated as set forth
below:
The 1993-94 100-General Fund Budget is to be changed as follows:
From:
900-000 Appropriations
81-8 - Interfund Transfers
000-00-060 - Transfer to Capital Debt Service Fund $5,686,101
To:
900-000 Appropriations
81-8 - Interfund Transfers
000-00-080 - Contributions to Board of Education $5,686,101
and the 1993-94 800-Capital Debt Service Budget is to be changed as follows:
From:
402-000 Revenues
810 - General City
96100 - Transfer from General Fund $5,686,101
To:
402-000 Revenues
810 - General City
96970 - Transfer from Board of Education $5,686,101
PASSED.
AYES- ARTHUR, BELL, COLLINS, COPPOLA, CZAJKA, FRANCZYK, HELFER, LOCKWOOD,
LOTEMPIO, PITTS, ZUCHLEWSKI- 11.
NOES- FAHEY- 1.
No. 163
By: Mr. Collins
Transfer of Funds
Appropriation Allotments
General Fund - City Revenue
Various Depts, Miscellaneous Charges, Fringe Benefits
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
$6,573,145 be and the same is hereby transferred from various accounts in
Appropriation Allotments - Various Departments, Miscellaneous Charges, and
Fringe Benefits and said sum is hereby reappropriated as set forth below:
From:
100 General Fund
04-0 Department of Audit & Control
002 - Data Processing
Personal Services
110-Salaries-Regular $11,100
04-2 Division of Accounting
001 - Accounting
Personal Services
110-Salaries - Regular 19,000
04-3 Division of Real Estate
002 - In Rem
Travel & Transportation
301 - Auto allowance 1,200
09-0 Department of Assessment
001 - Assessment
Personal Services
110-Salaries-Regular 5,383
112 - Temporary Services 2,334
114 - Overtime Pay 15,000
10-1 Division of Purchase
001 - Purchasing
Personal Services
110-Salaries-Regular 6,000
20-2 Bureau of Special Services
001 - Administration & Intelligence Personal Services
110-Salaries-Regular 40,000
002-Tactical Division
Personal Services
110-Salaries-Regular 162,844
115-Holiday Pay 14,310
120 - Court Time 15,874
20-4 Bureau of Administrative Services
004 - Communication & Records Personal Services
110-Salaries-Regular 8,346
21 -0 Department of Fire
031- Fire Hdqt & Station House Maintenance
Personal Services
110-Salaries - Regular 8,780
032 - Servicing Automotive Equipment
Personal Services
110-Salaries-Regular 8,075
Purchase of Services
501 - Automotive - Body Repairs 27,700
24-0 Department of Inspection & Community Revitalization
021 - Administrative Services
Personal Services
110-Salaries-Regular 1,900
24-1 Division of Housing & Property Inspection
011 - Inspection & Enforcement
Personal Services
110-Salaries-Regular 2,792
119 - Salary Adjustment 52,917
40-0 Department of Public Works
021 - Administrative Services
Personal Services
110-Salaries-Regular 7,000
40-1 Division of Engineering
012 - Lighting of Streets
Personal Services
110-Salaries-Regular 3,905
Utility Services
221 - Electric, Light & Power 150,000
014 - Construction of Streets
Personal Services
110 - Salaries - Regular 5,000
132 - In Lieu of Summer Hours 4,835
015 - Repair & Construction of Other Public Improvements
Personal Services
110-Salaries-Regular 36,455
023 - Traffic Engineering Services
Personal Services
110-Salaries-Regular 7,536
112 - Temporary Services 5,578
40-2 Division of Buildings
021 - Administrative Services
Personal Services
110-Salaries-Regular 10,713
022 - Plan & Design of Public Buildings
Personal Services
110-Salaries-Regular 27,000
50-0 Department of Human Resources
001 - Executive - Administrative Personal Services
110-Salaries-Regular 11,000
50-4 Division of Substance Abuse Services
011 - YDA-DACC Narcotic Control Program Personal Services
110-Salaries-Regular 51,684
50-5 Division for Employment & Training
021 - Employment & Training Services
Personal Services
110-Salaries-Regular 9,000
50-6 Division for Youth
011 - NYS Youth Commission Program
Personal Services
110-Salaries-Regular 5,831
60-2 Division of Recreation
012 - NYS Youth Commission Program
Personal Services
110-Salaries-Regular 8,065
70-0 Department of Street Sanitation
012 - Vermin & Animal Control
Personal Services
110-Salaries-Regular 6,400
021 - Administrative Services
Personal Services
110-Salaries-Regular 5,000
71-0 Department of Community Development
001 - Executive
Personal Services
110-Salaries-Regular 4,134
71 - 1 Division of Planning
001 - Community Development Planning
Personal Services
110-Salaries-Regular 50,000
71-7 Division of Development
021 - Community Development Personal Services
110-Salaries-Regular 21,000
General City Charges
81-2 Miscellaneous Charges
809- Judgement & Claims 70,454
830 - Certiorari Proceedings 178,000
81-3 Fringe Benefits
150 - NYS Employee Retirement System 215,000
151 - NYS Police & Fire Retirement System 3,642,000
171 - Hosp & Sur Ins Active Employees 800,000
81-4 Debt Service & Related Charges
880 - Interest- Revenue Anticipation Note 834,000
$6,573,145
To:
100 General Fund
03-5 Mayor's Office for Senior Citizens
011-Recreation Program for Elderly
Personal Services
110-Salaries-Regular 8,678
Travel and Transportation
301-Auto Allowance 161
04 -0 Department of Audit & Control
001 -Comptroller
Personal Services
110-Salaries - Regular 6,000
112 - Temporary Services 4,100
Purchase of Services
535 - Membership Dues & Periodicals 1,000
04- 1 Division of Audit
001 - Audit Services
Travel & Transportation
307 - Education & Training Fees 2,800
Materials & Supplies
404 - Office Supplies 1,200
Purchase of Services
535 - Membership Dues & Periodicals 1,000
085 - Capital Outlay
982 - Operating Equipment 14,000
04-3 Division of Real Estate
001 - Real Estate Management
Travel & Transportation
301 - Auto Allowance 1,200
05-0 Civil Service Commission
001-Administrative & Advisory Personal Services
110-Salaries-Regular 11,497
112 - Temporary Services 5,450
114 - Overtime Pay 4,300
Travel and Transportation
301 - Auto Allowance 251
Purchase of Services
540 - Printing & Binding 2,651
571 - Medical Services 3,818
573 - Engineering & Technical Services 110,194
583 - Unclassified 4,165
590 - Print & Dupl Serv - Inter-Dept Purchase 860
591 - Copier Service - Inter-Dept Purchase 854
06-3 Division of Labor Relations
001 - Labor Relations Personal Services
110-Salaries-Regular 31,370
06-4 Parking Enforcement
022 - Parking Violations Bureau Personal Services
112 - Temporary Services 10,000
114 - Overtime Pay 3,818
125 - Longevity Pay 845
031 - Towing & Storage Operation
Personal Services
110-Salaries-Regular 10,325
08-0 Department of Law
001-Corporation Counsel Personal Services
110-Salaries-Regular 11,839
Purchase of Services
522 -Repairs to Office Equipment 500
540 -Printing & Binding 500
572 -Legal Services 105,000
583 -Unclassified 110,000
10-0 Department of General Services
001 - Administrative Services
Personal Services
110-Salaries-Regular 64
10-4 Division of Inventory & Stores
001 - Inventory Management
Personal Services
114 - Overtime Pay 36,000
Materials & Supplies
450 - Automotive Maintenance Supplies 150,000
453 - Tires & Tubes 20,000
20- 1 Office of the Police Commissioner
002 - Office of Professional Standards Personal Services
110-Salaries-Regular 26,600
114 - Overtime Pay 34,000
115-Holiday Pay 1,048
121 - Acting Time 1,000
125 - Longevity Pay 250
003 - Office of Public Affairs
Personal Services
114 - Overtime Pay 19,871
20-2 Bureau of Special Services
003 - Investigations Division
Personal Services
114 - Overtime Pay 330,885
115-Holiday Pay 257
120 - Court Time 30,762
20-3 Bureau of Field Services
002 - Patrol Services
Personal Services
110-Salaries-Regular 218,750
114 - Overtime Pay 2,458,683
120 - Court Time 166,243
20-4 Bureau of Administrative Services
001 - Administrative
Purchase of Services
535 - Membership Dues & Periodicals 2,000
540 - Printing & Binding 3,000
550 - Long-Term Rental of Equipment 15,000
571 - Medical Services 130,000
002 - Management Services
Personal Services
110-Salaries-Regular 280,172
114 - Overtime Pay 58,839
115 - Holiday Pay 4,700
120 - Court Time 235
123 - Shift Differential 1,200
125 - Longevity Pay 1,840
132 - In Lieu of Summer Hours 236
134 - Educational Incentive 102,350
003 - Building & Fleet Maintenance
Personal Services
110-Salaries-Regular 70,037
112 - Temporary Services 9,265
114 - Overtime Pay 8,112
121 - Acting Time 2,265
Travel & Transportation
301 - Auto Allowance 5,662
21 -0 Department of Fire
011 - Firefighting Services
Personal Services
114 - Overtime Pay 284,000
127 - Perfect Attendance 410,500
134 - Educational Incentive 108,756
012 - Fire Prevention Services
Personal Services
110 - Salaries-Regular 6,000
114 - Overtime Pay 500
121 - Acting Time 242
127 - Perfect Attendance - Unused Sick 4,000
134 - Educational Incentive 900
021 - Administrative Services
Personal Services
110 - Salaries - Regular 5,218
114 - Overtime Pay 2,500
115 -Holiday Pay 505
127 - Perfect Attendance - Unused Sick 500
022 - Fire Defense & Training Services
Personal Services
110-Salaries-Regular 950
121 - Acting Time 300
127 - Perfect Attendance - Unused Sick 1,500
023 - Fire Alarm Telegraph System
Personal Services
110-Salaries-Regular 71,584
114 - Overtime Pay 17,008
127 - Perfect Attendance - Unused Sick 9,500
134 - Educational Incentive 2,800
24-2 Division of Community Revitalization
021 - Community Revitalization
Personal Services
110-Salaries - Regular 9,593
40-1 Division of Engineering
016 - Design & Planning of City Streets Personal Services
110-Salaries-Regular 13,213
121 - Acting Time 1,335
Travel & Transportation
301 - Auto Allowance 378
021 - Administrative Services
Personal Services
110-Salaries-Regular 22,235
40-2 Division of Buildings
011 - Inspection of Non-Public Plans & Structures
Personal Services
110 - Salaries - Regular 9,919
031 - Operation & Maintenance of Public Buildings
Personal Services
110-Salaries-Regular 56,701
112 - Temporary Services 37,000
114 - Overtime Pay 20,187
115- Holiday Pay 5,454
121 - Acting Time 6,673
50-0 Department of Human Resources
003 - Contract Administration
Personal Services
110-Salaries-Regular 18,439
Travel & Transportation
301 - Automobile Allowance 1,175
50-4 Division of Substance Abuse Services
012 - BMHA/HUD Substance Abuse Prog Personal Services
110 - Salaries - Regular 18,912
60-0 Department of Parks
021 - Administrative Services
Personal Services
110-Salaries-Regular 4,298
114 - Overtime Pay 180
60- 1 Division of Parks
012 - Care & Replacement of Trees Personal Services
110-Salaries-Regular 5,944
114 - Overtime Pay 1,919
125 - Longevity Pay 325
032 - Servicing Automotive Equipment
Personal Services
110-Salaries-Regular 5,899
114 - Overtime Pay 3,004
60-2 Division of Recreation
011 - NYS Youth Commission Program Personal Services
110-Salaries-Regular 11,267
114 - Overtime Pay 6,409
70-0 Department of Street Sanitation
011 - Collection of Refuse & Street Cleaning Personal Services
114 - Overtime Pay 164,086
115-Holiday Pay 70,135
121 - Acting Time 1,300
Materials & Supplies
433 - Salt & Sand 190,000
032 - Building & Fleet Maintenance
Personal Services
114 - Overtime Pay 108,000
115 - Holiday Pay 12,100
121 - Acting Time 2,100
Purchase of Services
501 - Automotive-Body Repairs 25,000
502 - Automotive - Engine Overhaul 35,000
503 - Automotive - Transmission Service 75,000
504 - Automotive - Other Servicing 40,000
523 - Repairs to Equipment & Machinery 5,000
TOTAL $6,573,145
PASSED.
AYES- ARTHUR, BELL, COLLINS, COPPOLA, CZAJKA, FRANCZYK, HELFER, LOCKWOOD,
LOTEMPIO, PITTS, ZUCHLEWSKI- 11.
NOES- FAHEY- 1.
No. 164
By: Mr. Collins
Resolution Authorizing $2,800,000 Lease Purchase Agreement For
Street Sanitation and Police Vehicles
Mr. Pitts moved to hold the item in abeyance for recessed session
on April 20, 1994.
Seconded by Mr. Coppola.
CARRIED.
AYES- ARTHUR, BELL, COLLINS, COPPOLA, CZAJKA, FAHEY, FRANCZYK, HELFER,
LOTEMPIO, PITTS- 10.
NOES- LOCKWOOD, ZUCHLEWSKI- 2.
No. 165
By: Mr. Collins
Bond Resolution
$250,000 Bonds Redevelopment of Broadway-Fillmore
Area 1993-94 Account 200-717-046
Bond Resolution of the City of Buffalo, New York, authorizing
the issuance of $250,000 General improvement Bonds of said City, in addition to
the $200,000 General Improvement Bonds heretofore authorized, to finance the
cost of demolition of city owned buildings in the Broadway Fillmore Area, at
the estimated maximum cost of $450,000.
THE COMMON COUNCIL OF THE CITY OF BUFFALO, IN THE COUNTY OF ERIE, NEW
YORK, HEREBY RESOLVES (by the favorable vote of not less than two-thirds of all
the members of said Common Council) AS FOLLOWS:
Section 1. The Comptroller of the City of Buffalo, in the County of Erie,
New York (herein called "City"), is hereby authorized and directed to issue
General Improvement Bonds of said City in the principal amount of $250,000, in
addition to the $200,000 General Improvement Bonds heretofore authorized,
pursuant to the provisions of the Charter of said City and the Local Finance
Law, constituting Chapter 33-a of the Consolidated Laws of the State of New
York (the "Law"); to finance the cost of demolition City owned buildings in the
Broadway-Fillmore commercial area of the City. The estimated maximum cost of
said class of objects or purposes for which the bonds authorized by this
resolution are to be issued, including preliminary costs and costs incidental
thereto and the financing thereof, is $450,000 as set forth in the duly adopted
Capital Improvements Budget, as amended, of said City for fiscal year 1993-94.
Section 2. The proceeds of the sale of the bonds authorized by this
resolution, or any bond anticipation notes issued in anticipation of the sale
of said bonds, shall be deposited in the Capital Projects Fund to the credit of
the Department of Community Development, Division of Development,
"Redevelopment of Broadway-Fillmore Area 1993-94," Bond Authorization Account
No. 200-717-046, and shall be used for the purpose specified in Section 1 of
this resolution.
Section 3. The City intends to finance, on an interim basis, the costs
or a portion of the costs of said improvements for which bonds are herein
authorized, which costs are reasonably expected to be incurred by the City,
pursuant to this Bond Resolution, in the maximum amount of $250,000. This
Resolution is a declaration of Official Intent adopted pursuant to the
requirements of Treasury Regulation Section 1.103-18(a) through (l).
Section 4. The following additional matters are hereby determined and
stated:
(a) The period of probable usefulness applicable to the class of objects
or purposes for which the bonds authorized by this resolution are to be issued,
within the limitations of Section 11.00 (a) 12-a. of the Local Finance Law, is
ten (10) years.
(b) Current funds are not required by the Law to be provided as a down
payment prior to the issuance of the bonds authorized by this resolution or any
bond anticipation notes issued in anticipation thereof in accordance with
Section 107.00 d. 9. of the Law.
Section 5. Each of the bonds authorized by this resolution and any bond
anticipation notes issued in anticipation of the sale of said bonds and the
renewals of said notes shall contain the recital of validity as prescribed by
Section 52.00 of the Local Finance Law. Said bonds and said notes shall be
general obligations of the City of Buffalo payable as to both principal and
interest by a general tax upon all the taxable real property within said City
without limitation as to rate or amount. The faith and credit of said City are
hereby irrevocably pledged to the punctual payment of the principal of and
interest on said bonds and said notes. Provision shall be made annually by
appropriation by said City for the payment of interest on and for the amounts
required for the amortization and redemption of said bonds and said notes.
Section 6. The validity of the bonds authorized by this resolution or any
bond anticipation notes issued in anticipation of the sale of said bonds, may
be contested only if:
(a) such obligations are authorized for an object or purpose for which the
City of Buffalo is not authorized to expend money, or
(b) the provisions of law which should be complied with at the date of the
publication of such resolution are not substantially complied with,
and an action, suit or proceeding contesting such validity, is commenced within
twenty days after the date of such publication, or
(c) such obligations are authorized in violation of the provisions of the
constitution.
Introduced: April 19, 1994
LAID ON THE TABLE.
No. 166
By: Mr. Coppola
Request a Performance and Productivity Report on the Parking Violations
Bureau's Hand-Held Computers
Whereas: The City of Buffalo Parking Violations Bureau has issued
its officers hand held computers to enhance its enforcement productivity and
efficiency for identifying, recording and issuing summonses to parking
violators and scofflaw offenders; and
Whereas: The hand-held computers supplied by AIS Janung Inc. are designed to
record a violator's vehicle information by scanning an infrared light over a
computer bar code located on the New York State Registration sticker located
inside the vehicle windshield; and
Whereas: Reliability problems exist in the areas of productivity and
maintenance when operating the hand-held computers in Buffalo's harsh weather
conditions during winter months; and
Whereas: Performance shortcomings such as failure to record bar codes
through vehicle windshields fouled with snow, ice, or dirt have had a profound
impact on the computers ability to record data accurately and in a timely
manner; and
Whereas: other questions pertaining to contract options in the areas of
maintenance, performance and stipulations for terminating the device services
remain vague or unanswered; and
Now, Therefore Be It Resolved That:
This Common Council requests The Parking Violations Bureau to provide a
detailed report outlining the maintenance and performance records for the
hand-held computers and other information pertaining to contract stipulations
for terminating the device services; and
Be It Further Resolved That:
The Parking Violations Bureau furnish this council with a copy of all
contracts and warranties that exist between the city and AIS Janung Inc. in
reference to the hand-held computers
REFERRED TO THE COMMITTEE ON FINANCE AND THE COMMISSIONER OF ADMINISTRATION AND
FINANCE.
No. 167
By: Mr. Coppola
Waive Fencing Requirement for 1410 Delaware Avenue
Whereas: The developer of the Rite Aid Drug Store at 1410 Delaware
Avenue has requested a waiver of the fencing requirements to screen the parking
lot at that address; and
Whereas: The developer has presented alternate plans for screening the
parking lot with shrubs and greenery after meeting with neighborhood residents,
who objected to a solid fence; and
Whereas: The neighborhood consensus was that the solid fence would be
unsightly and would interfere with visibility, and could possibly be unsafe;
and
Whereas: The shrubs and greenery have been scheduled for planting in May,
1994, and approval by this body is needed for the waiver 50 that a certificate
of occupancy can be issued.
Now Therefore Be It Resolved That
This Common Council grants a waiver of the fencing requirements to screen
the parking lot at 1410 Delaware Avenue so that a certificate of occupancy can
be issued because the developer has presented alternate plans for screening
with shrubs and greenery, which also meets the approval of neighborhood
residents.
REFERRED TO THE COMMITTEE ON LEGISLATION AND THE COMMISSIONER OF PUBLIC WORKS.
No. 168
By: Mr. Coppola
Chapter 413-59 of Chapter 175, Fees for Sidewalk Cafe
Whereas: The dawning of Spring ushers in the feeling of better
times ahead, as afternoons and evenings are now spent outside as opposed to
being cooped in inside your home and people begin to have their meals outdoors,
enjoying the fresh air and nice weather during or after a hard days work; and
Whereas: City of Buffalo restaurant owners now begin to set up their
Sidewalk Cafes in anticipation of increased pedestrian traffic and the
additional revenue generated from them; and
Whereas: The Sidewalk Cafe license was amended May of 1993 from $1.05 per
square foot to $2.00 per square foot, an increase of over 90%, which is
extremely high for the possible three or four months the sidewalk cafe is able
to be used; and
Whereas: This astronomical increase is an unwarranted expense that may cause
some restaurants to even close or in the least to not open a sidewalk cafe at
all, thereby reducing those employed at that establishment as well as a
reduction in tax and licensing revenue taken in by the City of Buffalo; and
Now Therefore Be It Resolved That
This Common Council of the City of Buffalo repeal the amended licensing
fee of $2.00 per square foot and reinstate the original fee of $1.05 per square
foot; and
Be It Further Resolved That
The Corporation Council draft a new amendment to Chapter 413-59 of
Chapter 175, Sidewalk Cafes, reflecting the elimination of the $2.00 per square
foot licensing fee and reinstating the original fee of $1.05 per square foot.
Mr. Pitts moved that the item be referred to the Committee on
Legislation, the Commissioner of Public Works, the Commissioner of
Administration & Finance and the Corporation Counsel. Seconded by Mr. Coppola.
LOST.
AYES- ARTHUR, COLLINS, COPPOLA, FAHEY, HELFER, PITTS- 6.
NOES- BELL, CZAJKA, FRANCZYK, LOCKWOOD, LOTEMPIO, ZUCHLEWSKI- 6.
Mrs. LoTempio now moved that the item be Received and Filed. Seconded by
Mrs. Lockwood.
ADOPTED.
AYES- ARTHUR, BELL, COLLINS, CZAJKA, FAHEY, FRANCZYK, HELFER, LOCKWOOD,
LOTEMPIO, PITTS, ZUCHLEWSKI- 11.
NOES- COPPOLA- 1.
No. 169
By: Mr. Franczyk
Placing A Banner Near the Intersection of Court Street and Niagara
Square For Meals On Wheels Volunteer Recruitment Drive
Whereas: Meals on Wheels has long been a service to Buffalo and
Erie County by providing daily hot meals to frail, homebound elderly; and
Whereas: Meals on Wheels runs on the basis of a strong volunteer following;
and
Whereas: It is necessary to encourage new volunteers to keep the program
alive; and
Now Therefore Be It Resolved That:
Meals on Wheels, of 775 Main Street, be allowed to erect a banner in the
traffic circle near the intersection of Court Street and Niagara Square for the
purpose of recruiting new volunteers; and
Be It Finally Resolved That:
The length of time and manner that this banner shall hang shall be
governed by the established guidelines of the Public Works Department.
PASSED.
AYES- 12 NOES- 0.
No. 170
By: Mrs. LoTempio
Ordinance Amendment
Chapter 144 Landscape Contractors
The Common Council of the City of Buffalo does hereby ordain as
follows:
That the title of Article III, Chapter 144 be amended to read as follows:
[Landscaping] Landscape and Snow Removal Contractors
That Article III, Chapter 144 be amended to read as follows:
Section 144-15. Definitions.
Applicant - Any person who owns or leases at least one motor vehicle used
in conducting a snow removal and/or landscape business.
[Landscaper] Landscape contractor - Any person providing services of
planting, trimming, [or] cutting or removing, bushes, shrubs, flowers,
vegetables, trees, or grass for which a contract or agreement for services has
been established orally or in writing by means of an invoices sales receipt or
other competent evidence. A landscape contractor constructs, maintains,
repairs, installs or subcontracts the development of landscaping systems and
facilities for public and/or private gardens and other areas which are designed
to aesthetically, architecturally, horticulturally or functionally improve the
grounds within or surrounding a structure or a [track] tract or plot of land.
In connection therewith, a landscape contractor prepares and grades plots and
areas of land for the installation of any architectural, horticultural and
decorative treatment or arrangement.
Landscape Material - All grass, weeds, brush, leaves, flowers, shrubs,
limbs up to 6" in diameter and small stumps not to exceed 12" in diameter.
Motor Vehicle - Any vehicle used for landscaping or snow removal purposes
by a landscape or snow removal contractor as defined by this chapter.
Snow removal contractor - Any person providing services of removing,
dumping, heaping or plowing snow by means of a motor vehicle for which a
contract or agreement for services has been established orally or in writing by
means of an invoice, sales receipt or other competent evidence.
Person - Any individual, firm, partnership, contractor, sub-contractor,
association or corporation for which a New York State Tax Identification number
has been issued.
Private Property - All real property, improved or unimproved, owned by
any municipal corporation, person or otherwise and which is not included in the
definitions of "public highway" and "public place."
Public Highway - Any street open to the public for its full use by all
residents of the City of Buffalo.
Section 144-16. License required.
No person who is a landscaper or snow remover shall conduct [any such]
landscape or snow removal activities, or remove any landscape materials or
snow, or transport the same through or upon any street, avenue, parkway, road,
boulevard, or highway within the City of Buffalo, unless he or she shall have
first obtained a License from the Director of Licenses, and shall have agreed
to conform to the provisions of this chapter.
Section 144-17. Application Procedure.
All [landscaper] landscape and/or snow removal contractors shall apply to
the Director of Licenses for a license upon forms to be furnished by said
Director. In addition to the license, a vehicle [certification] tag for each
motor vehicle, including trailers [in excess of one], are to be used in the
furtherance of the landscape and/or snow removal business.
The license application shall specify the following:
a. Name, address, [and] telephone number, and New York State Tax
Identification number of the [landscaper] landscape and/or snow removal
contractor.
b. Name, address and telephone number of each principal partner or
corporate officer of the [landscaper] landscape and/or snow removal contractor.
c. Make, serial number, license number and load capacity of each motor
vehicle, including trailers, to be utilized by the [landscaper] landscape
and/or snow removal contractor and a current copy of each vehicle registration
for which a vehicle tag shall be issued.
[Certificates] Tags for motor vehicles shall be placed on the center top
of the windshield in line with the rear view mirror.
[Certificates for trailers, shall be placed on the tongue or hitch.]
[The vehicle certificate shall be unobstructed and readable from a
distance of not less than 10 feet.]
A substitute replacement [certificate] tag shall be issued upon the
payment of a fee for each replacement upon the filing of an affidavit or such
other proof as may be required by the director of Licenses.
Section 144-18. Insurance.
The applicant shall furnish a certificate from an insurance company
licensed to do business in the State of New York, evidencing [motor vehicle
liability insurance coverage] that the applicant and any motor vehicles are
covered by general liability, personal injury and property damage insurance and
shall provide evidence that employees of the applicant are covered by workmen's
compensation or by an exemption certificate meeting the requirements of the
State of New York and containing a ten-day notice of cancellation clause
directed to the Division of Licenses, before any license hereunder shall be
issued.
Section 144-19. Regulation of Landscaper Services.
Landscape material for disposal in the City of Buffalo shall not contain
any foreign objects such as stone, brick, concrete, plastic or metal.
Burning of landscape material within the City of Buffalo is prohibited.
All landscape materials shall be removed from the serviced property by
the landscaper and be transported to the City of Buffalo Composting Facility
for disposal or composted at the landscaper's facility.
The placing or dumping of landscape material on public highways, public
places or private property is prohibited.
Section 144-20. Enforcement.
This article shall be enforced by the Division of Licenses, and the City
of Buffalo Police Officer or Code Enforcement Official and such other
departments or persons as may be designated by the Director of Licenses.
Section 144-21. Suspension and revocation of license; hearings.
All persons holding a license as a [landscaper contractor] landscape
and/or snow removal contractor shall be subject to the rules and proceedings as
contained in 144-10 relating to hearings and decisions on charges arising from
complaints or improper conduct.
In addition to a license revocation by the City of Buffalo, a violation
of any provision of this Chapter by a person shall be deemed an offense
punishable by a fine not to exceed Fifteen Hundred ($1,500.00) Dollars or
imprisonment for a period not to exceed fifteen days, or both.
Section 144-22. Expiration of License.
Each license and vehicle [certificate] tag shall expire on the first day
of April in each year.
No license or vehicle [certificate] tag issued under this Chapter shall
be transferable or assigned or used by any person other than the one to [who]
whom it is issued.
Section 144-23. License and renewal fees.
Fees for license as a landscape contractor and/or snow removal contractor
shall be as provided in Chapter 175, Fees.
Approved As To Form
Edward Peace
Corporation Counsel
NOTE: Matter in brackets [ ] to be deleted; matter underlined is new.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 171
By: Mrs. LoTempio
Ordinance Amendment Chapter 144 and 404 of 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, Fees, of the Code of the
City of Buffalo, be amended to read as follows:
Chapter 144, Contractors
144-23. landscape and snow removal contractor's license
Landscape contractor $ 50.00
Snow removal contractor $ 50.00
Landscape/snow removal contractor $100.00
and;
That Chapter 404 of Chapter 175, Fees, of the Code of the City of
Buffalo, be deleted in its entirety:
[Chapter 404, Snow Removal operations
404-4, license for each motor vehicle $26.25]
APPROVED AS TO FORM
Edward Peace
Corporation Counsel
NOTE: Matter in brackets [ ] to be deleted; matter underlined is new.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 172
By: Mrs. LoTempio
Ordinance Amendment Chapter 404
Snow Removal Operations
The Common Council of the City of Buffalo does hereby ordain as
follows:
That Chapter 404 of the Code of the City of Buffalo pertaining to snow
removal operations be deleted in its entirety.
APPROVED AS TO FORM
Edward Peace
Corporation Counsel
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 173
By: Mr. Perla
Permission to Erect Banner D'Youville College
Whereas: D'Youville College wishes to hang a banner across Porter
Avenue. This will read: "D'Youville College-Educating for Life", and
Whereas: The banner will be hung from light standard #321 to a tree on the
opposite side of Porter Avenue. The banner will be installed about May 13,
1994, and be removed on or before September 6, 1994; and
Whereas: An insurance policy, naming the city as insured will be in effect
for the period the banner is up, in accordance with the city charter.
Now, Therefore, Be It Resolved:
That D'Youville College be granted permission to erect said banner at the
aforementioned location, for the time period stated, upon satisfaction of
conditions set forth by the Department of Public Works.
PASSED.
AYES- 12 NOES- 0.
No. 174
By: Mr. Pitts
Set Public Hearing
Proposed Land Disposition Agreement For Sale Of 489 Broadway And 140 Mortimer
Drescher Paper Box, Inc.
Whereas, Drescher Paper Box, Inc. and/or other legal entity to
be formed (herein referred to as the "Redeveloper") has been duly designated as
qualified and eligible Redeveloper in accordance with the rules and procedures
prescribed by the City of Buffalo Urban Renewal Agency; and
Whereas, the City of Buffalo Urban Renewal Agency and the Redeveloper
have negotiated a Land Disposition Agreement for the disposition of 489
Broadway and 140 Mortimer in the Community Wide Urban Renewal Demonstration
Program; 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
22nd day of April 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
3rd day of May 1994.
ADOPTED.
No. 175
By: Mr. Pitts
Excuse Councilmember Perla From April 19 Council Meeting
Now, Therefore It Be Resolved:
That Councilmember Carl A Perla Jr. be excused from attendance at the
stated meeting of April 19, 1994, due to absence from the city.
ADOPTED.
No. 176
By: Mr. Pitts
Designate Delmar Mitchell Drive and Ora Wrighter Drive as Official
Areas As Part Of Ellicott Mall Redevelopment
Whereas: The Ellicott Mall is undergoing a multi million dollar
renovation as a part of a major redevelopment in the community; and
Whereas: This reconstruction will include improvements to the infrastructure
and roadway system through the Ellicott Town Center where nineteen townhouses
will be constructed facing two new roads; and
Whereas: It is necessary for the Common Council to designate these roadways
as official areas so that the townhouses built along each road will have
individual addresses; and
Whereas: It seems appropriate as part of the redevelopment that the new
roadways be named to honor people who have been active in the community or who
have served as prominent public officials; and
Whereas: Two community leaders worthy of such recognition are Delmar
Mitchell and Ora Wrighter; and
Now, Therefore, Be It Resolved:
That the Common Council of the City of Buffalo hereby designates the two
roadways in the Ellicott Town Center Delmar Mitchell Drive and Ora Wrighter
Drive as official areas; and
Be It Further Resolved:
That the City Clerk forward a certified copy of this resolution to the
Department of Public Works Traffic Engineering Division so that they may notify
all appropriate departments and agencies of the new street names.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 177
By: Mr. Pitts
Designation of the Former War Memorial
Stadium as an Amateur Athletic Facility
Whereas, the City of Buffalo expended $6.8 million dollars to
refurbish the former War Memorial Stadium located at 295 Dodge Street; and
Whereas, the athletic facility shall be operated with federal block grant
money coming through the City of Buffalo; and
Whereas, numerous community groups and organizations and the Buffalo
Board of Education have expressed the desire to utilize the facility for
various amateur athletic events; and
Whereas, for the purposes of this resolution amateur athletic events
shall include events conducted by community groups, not-for-profit corporations
and public entities which do not involve participants paid to compete in the
activity or event and which do not involve professional or semi-professional
sporting events operated for profit;
Now, Therefore, Be It Resolved:
That the Common Council hereby declares that events at any athletic
facility in the City which has been designated as an "Amateur Athletic
Facility" shall be limited to events and activities which are conducted solely
by community groups, not-for-profit corporations and public entities, which do
not involve participants who are paid to compete m the activity or event and
which do not involve professional or semi-professional sporting event for
profit; and
Be It Further Resolved:
That this Common Council hereby declares and designates the former War
Memorial Stadium as an Amateur Athletic Facility.
PASSED.
AYES- 12 NOES- 0.
No. 178
By: Mr. Pitts
Establish Task Force on Development of an Advanced Technology
Center
Whereas: The Erie County Industrial Development Agency (E.C.I.D.A.)
has received monies to develop an Advanced Technology Center. This center would
provide training and skill development for students and working people in
various industries and occupations, and
Whereas: The E.C.I.D.A. is responsible for finding a site for the center. At
least 50,000 square feet is required to accommodate classes, equipment and
administration. Also such a center will be developed in conjunction with Erie
Community College downtown, and
Whereas: Recently, the E.C.I.D.A. provided for a tour of an Advanced
Technology Center in Grand Rapids, Michigan. This excursion included
representatives from the City of Buffalo and the County of Erie. The trip was
excellent and provided valuable information for the prospective development of
a local center, and
Whereas: E.C.I.D.A. needs the support of the City of Buffalo in order to
properly establish an Advanced Technology Center in the Downtown area.
Now Therefore Be It Resolved That: The Common Council expresses its strong
support for the development of an Advanced Technology Center in the Downtown
area.
Further Be It Resolved That: The Common Council requests that the Common
Council President in conjunction with the Mayor appoint a Task Force to
determine a suitable location for the Advanced Technology Center and assist in
its development.
ADOPTED.
No. 179
By: Mr. Pitts
Deny Salary Increase for Certain Exempt Employees
Whereas, the City is facing a projected gap of $34.3 million in
its 1994-95 budget; and
Whereas, the City has proposed a plan for addressing that projected gap
through a series of actions involving cooperative action on the part of the
Council, Administration, City employee unions, the State of New York and other
parties; and
Whereas, all employees should contribute to the gap-closing solution; and
Whereas, the Comptroller has asked his employees to forego the 5% raise
they would ordinarily receive as well;
Now, Therefore, Be It Resolved:
That base salaries of exempt City employees in the Comptroller's
departments shall not be increased 5% on July 1, 1995, as would ordinarily have
been provided in Section 453 of the City Charter.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 180
By: Mr. Pitts
City Of Buffalo
Local Law No _____ (1994)
Introductory No. 6 (1994)
A LOCAL LAW amending sections two hundred ninety-five point twelve
and thirty nine of the Charter of the City of Buffalo relating to budget
procedures.
BE IT ENACTED BY THE COMMON COUNCIL OF THE CITY OF BUFFALO AS FOLLOWS:
Section 1. That section two hundred ninety-five point twelve of the
Charter of the City of Buffalo, adopted pursuant to law, be amended to read as
follows:
Sec. 295.12. Mayor's Budget.
On or before the [seventh] sixteenth day of May, nineteen hundred
[ninety-two] ninety-four, and on or before the first day of May in each
succeeding year, the Mayor shall submit to the Council a budget containing a
complete plan of proposed expenditures and estimated revenues for the next
fiscal year. Therein he shall set forth in detail and summary:
(a) Estimates of the expenditures necessary in his judgment for carrying on
the city government for the ensuing fiscal year, separately stating the
estimates of expenditures necessary for school purposes and for all other
purposes and stating in total the amount necessary to accomplish every separate
function of each department, division, city agency or other purpose.
(b) Estimates of the receipts of the City during the ensuing fiscal year
under laws existing at the time of the budget is transmitted and also under the
revenue proposals, if any, contained in the budget, and shall allocate
separately the estimates of receipts to be credited for school purposes and for
all other purposes.
(c) The expenditures and receipts of the City during the last completed
fiscal year.
(d) Estimates of the expenditures and receipts of the City during the current
fiscal year.
(e) The balanced statements of the condition of the treasury at the end of
the last completed fiscal year and the estimated condition of the treasury at
the end of the current fiscal year.
(f) All essential facts regarding the bonded and other indebtedness of the
City.
(g) Such other financial statements and data as in his judgment are necessary
or desirable in order to make known in all practicable detail the financial
condition of the City. The budget shall also contain the recommendations of the
Mayor to the Council with respect to any new sources of revenues.
Section 2. That section thirty-nine of the Charter of the City of
Buffalo, adopted pursuant to law, be amended to read as follows:
Sec. 39. Action on Budget.
At the first meeting of the council after the submission to it by the
mayor of the annual budget, the council shall proceed to a consideration
thereof.
The council may strike out or reduce items therein and may add thereto
items of appropriation, provided that such additions are stated separately and
distinctly from the original items of the budget and refer each to a single
object or purpose.
If no additions are made by the Council, the budget, as passed by it,
shall be deemed to have been adopted without any action of the Mayor; if,
however, the budget as passed by the Council contains any such additions, it
must be presented by the city clerk to the Mayor on or before the
[twenty-eighth] sixth day of [May] June, nineteen hundred [ninety-two]
ninety-four, and on or before the twenty-second day of May of each succeeding
year for his consideration of such additions. If the Mayor approves all the
additions, he shall affix his signature to a statement thereof and return the
budget and such statement to the city clerk. The budget, including the
additions as part thereof, shall then be deemed to have been adopted. The Mayor
may object to any one or more or such added items and in such case shall append
to the budget a statement of the added items to which he objects with the
reasons for his objections and shall return the budget with his objections to
the city clerk who shall present the same to the Council at its next stated or
special meeting. The Council shall thereupon enter the objections upon its
journal and proceed to reconsider the additions so objected to. If upon such
reconsideration two-thirds of all the members constituting the Council vote to
approve such additions, or any of them, notwithstanding the objections of the
Mayor, the budget with the additions so approved, together with any additions
not so objected to by the Mayor, shall be deemed to have been adopted. If the
budget with additions is not returned by the Mayor to the city clerk with his
objections [within ten days after its presentation to him] on or before June
sixteenth, it shall be deemed to have been adopted.
If a budget has not been adopted, as herein provided, on or before the
[fifteenth] twenty-second day of June, nineteen hundred [ninety-two]
ninety-four and the eighth day of June of each succeeding year, then the
budget, as submitted by the Mayor, including all additions to which he has
failed to object, shall be the budget for the ensuing fiscal year.
However, each budget, as finally adopted, shall not appropriate, for
grants-in-aid to approved agencies, more than three percent (3%) of the
approved tax levy for the fiscal year in effect at the time of the newly
adopted budget. For purposes of this section, "approved agencies" are defined
as those groups which have satisfied all requirements of sections 295.9 through
295. 14 of this charter and of section 154-A and 159 of chapter VIII of the
ordinances.
Section 3. This local law shall take effect immediately.
Pursuant to the provisions of Section 20, Subdivision 4 of the Municipal
Home Rule Law of the State of New York, I, Anthony M. Masiello, Mayor, hereby
certify that the immediate passage of the foregoing local law is necessary.
APPROVED AS TO FORM
Edward Peace
Corporation Counsel
NOTE: Matter in brackets [ ] to be deleted; matter underlined is new.
RECEIVED AND FILED.
No. 181
By: Mr. Pitts
City Of Buffalo
Local Law No _____ (1994)
Introductory No.7 (1994)
A LOCAL LAW amending Sections 109, 109-b and 109-c of Article 6
of the Charter of the City of Buffalo in relation to the Executive Department.
BE IT ENACTED BY THE COMMON COUNCIL OF THE CITY OF BUFFALO AS FOLLOWS:
Section 1. That Section 109 of Article 6 of the Charter of the City of
Buffalo, adopted pursuant to law, be amended to read as follows:
DIVISION OF [STADIUM] PILOT FIELD AND MEMORIAL AUDITORIUM
Sec. 109. Board of [Stadium] Pilot Field and Memorial Auditorium.
The board of [stadium] pilot field and memorial auditorium shall be the
head of the division of [stadium] pilot field and memorial auditorium.
Section 2. That Section 109-b of Article 6 of the Charter of the City of
Buffalo, adopted pursuant to law, be amended to read as follows:
Sec. 109-b. Duties and Powers.
The board of [stadium] pilot field and memorial auditorium shall be
charged with the control, management and operation of [the war memorial
stadium,] pilot field and memorial auditorium and of such other similar
activities of the city as may hereafter be delegated to it by law or ordinance.
The board shall appoint and at pleasure remove a director of [the stadium]
pilot field and memorial auditorium who shall be the chief executive officer of
the board of [stadium] pilot field and memorial auditorium and shall, subject
to its direction, have supervision and management of the affairs of the
division of [stadium] pilot field and memorial auditorium and of its employees,
and shall appoint such other persons to positions as shall be provided by
ordinance. The board may from time to time enact orders, rules and regulations
not inconsistent with general law or any local law or ordinance for the
regulation of its activities and the government and discipline of its officers
and employees. It shall issue permits for the use of [the stadium] pilot field
and memorial auditorium, or any part of either, to persons, associations or
corporations in accordance with its rules and regulations and a schedule of
rental charges and regulations therefor adopted by the council.
Section 3. That Section 109-c of Article 6 of the Charter of the City of
Buffalo, adopted pursuant to law, be amended to read as follows:
Sec. 109-c. Board Meeting.
The board of [stadium] pilot field and memorial auditorium shall hold
stated meetings at least twice a month and [as much oftener] more often as the
board determines, and the chairman may call special meetings. A majority of the
board shall constitute a quorum for the transaction of business.
Section 4. That new Sections 109-u, 109-v, 109-w and 109-x of Article 6
of the Charter of the City of Buffalo, be added to read as follows:
DIVISION OF MEMORIAL STADIUM
Sec. 109-u. Board of Memorial Stadium.
The board of memorial stadium shall be the head of the division of
memorial stadium.
Sec. 109-v. Appointment and Removal.
The mayor shall appoint, and may for reasons stated in writing after an
opportunity to be heard, remove eleven qualified electors of the city for the
term of four years from May fifteenth, nineteen hundred and ninety-four.
Members of the common council and board of education may make recommendations
to the mayor regarding such appointments. The eleven original members first
appointed shall be appointed for the following terms: three for four years,
three for three years, three for two years and two for one year, to be
designated by the mayor, from May fifteenth, nineteen hundred and ninety-four,
and their successors shall be appointed each for the term of four years.
Vacancies in the board shall likewise be filled for the unexpired portion of
such term. The mayor shall designate from among the members the chairman of the
board and may from time to time change such designation.
Sec. 109-w. Duties and Powers.
The board of memorial stadium shall be charged with the control,
management and operation of the memorial stadium, and of such other similar
activities of the city as may hereafter be delegated to it by law or ordinance.
The board shall appoint and at pleasure remove a director of the memorial
stadium, who shall be the chief executive officer of the board of stadium and
shall, subject to its direction, have supervision and management of the affairs
of the division of memorial stadium and of its employees, and shall appoint
such other persons to positions as shall be provided by ordinance. The board
may from time to time enact orders, rules and regulations not inconsistent with
general law or any local law or ordinance for the regulation of its activities
and the government and discipline of its officers and employees. It shall issue
permits for the use of the memorial stadium, or any part of either, to persons,
associations or corporations in accordance with its rules and regulations and a
schedule of rental charges and regulations therefor adopted by the council.
Sec. 109-x. Board Meeting.
The board of memorial stadium shall hold stated meetings at least twice a
month and more often as the board determines, and the chairman may call special
meetings. A majority of the board shall constitute a quorum for the transaction
of business.
Section 4. This local law shall take effect immediately.
Pursuant to the provisions of Section 20, Subdivision 4 of the Municipal
Home Rule Law of the State of New York, I, Anthony M. Masiello, Mayor, hereby
certify that the immediate passage of the foregoing local law is necessary.
APPROVED AS TO FORM
Edward Peace
Corporation Counsel
NOTE: Matter in brackets [ ] to be deleted; matter underlined is new.
PASSED.
AYES- 12 NOES- 0.
No. 182
By: Mr. Pitts
Deny Salary Increase for Certain Exempt Employees
Whereas, the City is facing a projected gap of $34.3 million in
its 1994-95 budget; and
Whereas, the City has proposed a plan for addressing that projected gap
through a series of actions involving cooperative action on the part of the
Council, Administration, the State of New York and other parties; and
Whereas, the Mayor has asked the exempt employees of the administration
to forego the 5% raise they would ordinarily receive;
Now, Therefore, Be It Resolved:
That base salaries of exempt personnel in the department of police shall
not be increased 5% on July l, 1995 as would ordinarily have been provided in
Section 453(a) of the City Charter; and
Be It Further Resolved:
That base salaries of exempt employees in the department of fire shall
not be increased 5% on July l, 1995, as would ordinarily have been provided in
Section 453(a) of the City Charter; and
Be It Further Resolved:
That base salaries of exempt City employees of all other departments of
the administration's departments shall not be increased 5% on July 1, 1995, as
would ordinarily have been provided in Section 453(c) of the City Charter.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 183
By: Mr. Pitts
Discharge the Committee on Finance
Front Park Master Plan
Com. #38 CCP, March 22, 1994
Whereas: Com. #38, C.C.P. March 22, 1994, Front Park Master Plan,
is presently before the Committee on Finance; and
Whereas: It is no longer necessary for this item to be considered by that
Committee;
Now, Therefore Be It Resolved:
That this Common Council does hereby discharge the Committee from further
consideration of Corn. # 38, C.C.P. March 22, 1994 and said item is now before
the Council; and
Be It Further Resolved:
That said item be approved subject to the conditions set forth by the
Corporation Counsel and that the Commissioner of Public Works supply this
Council with the name of the consultant.
PASSED.
AYES- 12 NOES- 0.
No. 184
By: Mr. Zuchlewski
Appointments Commissioners of Deeds
That the following persons are hereby appointed as Commissioner
of Deeds for the term ending December 31, 1994, conditional upon the persons so
appointed certifying under oath to their qualifications and filing same with
the City Clerk:
Carol Crump
Kimberly S. Krezmien
Brian K. Lewis
Daniel G. Tronolone Jr.
Total: 4.
ADOPTED.
UNFINISHED BUSINESS
No. 185
Bond Res. - $120,000 - Monuments
(Item No. 172, C.C.P., Mar. 22, 1994)
Mr. Pitts moved that the above item be taken from the table. Seconded
by Mr. Coppola.
CARRIED.
Mr. Pitts now moved that the above item be approved. Seconded by Mr.
Coppola.
PASSED.
AYES- 12 NOES- 0.
No. 186
Recess
On a motion by Mr. Pitts, seconded by Mr. Fahey, the Council recessed
at 3:45 P.M to meet again on Wednesday, April 20, 1994 at 9:00 A.M.
No. 187
The Common Council reconvened at 9:00 A.M. Wednesday, April 20,
1994 with the following members present:
George K. Arthur, President of the Common Council, and
Councilmembers Bell, Collins, Czajka, Franczyk, Helfer, Lockwood, LoTempio,
Pitts, Zuchlewski. - 10.
Absent Councilmembers - Coppola, Fahey, Perla- 3.
No. 188
Mr. Pitts, moved to consider the item held in abeyance concerning
the Lease Purchase of Streets and Police Vehicles. Seconded by Mr. Bell.
No. 189
By: Mr. Collins
Resolution Authorizing $2,800,000 Lease purchase Agreement for
Sanitation and Police Vehicles
Resolution authorizing the execution and delivery of a lease purchase
agreement for thirteen (13) Sanitation trucks and related equipment, at an
estimated maximum cost of $1,700,000, and seventy-three (73) police vehicles
and related equipment, at an estimated maximum cost of $1,100,000, and
determining other matters in connection therewith,
Whereas, the common council of the city of Buffalo, New York "city") has
determined that a true and very real need exists for thirteen sanitation trucks
and seventy-three police vehicles (the "Equipment") described in the proposed
Lease purchase Agreement between the City and KeyCorp Leasing Ltd. (the
"Agreement") and
Whereas, an evaluation of financing alternatives in connection with
acquisition of the Equipment was prepared by the comptroller's Office, and such
evaluation has been taken into account by the common council, in the form
presented to this meeting and on file in the City Clerk's Office and
Whereas, the city has taken the necessary steps, including those relating
to any applicable legal bidding requirements, to arrange for the acquisition of
the Equipment; and
Whereas, the City proposes to enter into the Agreement with KeyCorp
Leasing Ltd. substantially in the form presented to this meeting and on file in
the city clerk's office.
THE COMMON COUNCIL OF THE CITY OF BUFFALO, IN THE COUNTY OF ERIE, NEW
YORK, HEREBY RESOLVES AS FOLLOWS:
Section 1. It is hereby found and determined that, based on the
evaluation of financing alternatives presented to this meeting, it is in the
best interests of the city to finance the acquisition of the Equipment pursuant
to the Agreement, for the following reasons:
(a) lease purchase financing preserves the City's existing general obligation
debt capacity for other purposes;
(b) rating agencies which rate the city's credit have expressed concerns
about financing such equipment through debt issuance, and appear to prefer
lease purchase financing;
(c) administrative coats for the city are minimized by lease purchase
financing, compared to issuance and renewal of short-term city debt; and
(d) interest rate risk for the city is minimized by avoiding the need to
issue and renew short-term debt to achieve comparable cost of funds.
Section 2. The Agreement is hereby approved. The Comptroller of the
city is authorized to execute, acknowledge and deliver the Agreement with any
changes, insertions and omissions therein as may be approved by the
Comptroller, such approval to be conclusively evidenced by such execution and
delivery of the Agreement. The city Clerk of the City is authorized to affix
the official seal of the City to the Agreement and attest the same.
Section 3. The Comptroller, Corporation Counsel, and City Clerk are
hereby authorized and directed to execute and deliver any and all papers,
instruments, opinions, certificates, affidavits and other documents and to do
or cause to be done any and all other acts and things necessary or proper for
carrying out this resolution and the Agreement.
PASSED.
AYES- 10 NOES- 0.
No. 190
Announcement Of Committee Meetings
The following meetings are scheduled. All meetings are held in
the Council Chambers, 13th floor, City Flail, Buffalo, New York, unless
otherwise noted.
Regular Committees
Civil Service Tuesday, April 26,1994 9:30 AM
Finance Tuesday, April 26, 1994
Immediately Following Civil Service
Legislation Tuesday, April 26,1994 2:00 PM
Economic Dev Wednesday, April 27, 1994, 10:00 AM
Urban Renewal Wednesday, April 27, 1994 1:00 PM
Ancillary Committees
Special Committee
on Education Thurs., Apr. 21, 1994, 9:30 AM- Rm 1417
Fri., Apr. 22, 1994 at 9:30 AM- Rm 1417
Finance (Disposal Process Of
In Rem Properties) Wed., Apr. 20, 1994, 10:00 AM
No. 191
Adjournment
On a motion by Mr. Pitts, Seconded by Mrs. Lockwood the Council
adjourned at 10:45 A.M.
Charles L. Michaux, III City Clerk