HomeMy WebLinkAbout94-0517
No. 10
Common Council
Proceedings
of the
City of Buffalo
Regular Meeting, May 17, 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, May 17, 1994
at 2:00 P.M.
PRESENT- George K. Arthur, President of the Council, and Council
Members Bell, Collins, Coppola, Czajka, Fahey, Franczyk, Helfer, Lockwood,
LoTempio, Perla, Pitts, and Zuchlewski- 13.
ABSENT- None.
On a motion by Mr. Pitts, seconded by Mrs. Lockwood, the minutes of the stated
meeting held on May 3, 1994, and the Special Meeting held on May 2, the
Adjourned Sessions held on May 4, 5, 6 and 9, 1994 were approved.
FROM THE MAYOR
No. 1
Designation of Nominees for Appointment to the Board of Trustees of the Buffalo
and Erie County Public Library
Pursuant to Section 6212 of the Unconsolidated Laws, being Chapter
768, Section 2 of the Laws of 1953, transmitted herewith is a list of three (3)
nominees designated by me as eligible for appointment to the Board of Trustees
of the Buffalo and Erie County Public Library. The County Executive, subject
to confirmation by the County Legislature, will appoint one trustee from the
said three (3) nominees for a term ending December 31, 1988. The vacancy was
created by the expiration of the term of Dale Floss on December 31, 1993.
Name Address
Daniel Roach 50 Highland Avenue, Buffalo, N.Y. 14222
Bridget Humann 72 Lancaster Avenue, Buffalo, N.Y. 14222
Wayne Chelikowsky 54 Jewett Avenue, Buffalo, N.Y. 14214
Daniel T. Roach is a member of the Board of Directors of the Buffalo and
Erie County Library Foundation. He is presently the President and Managing
Partner of the law firm of Maloney, Gallup, Roach, Brown & McCarthy. He is
Assistant Professor of Law, Faculty of Law and Jurisprudence, State University
of New York at Buffalo.
Bridget is currently a pre-kindergarten teacher at Trinity Child Care.
For 6 years she was active with Children's Hospital and is a Board Member of
the Art Gallery.
Wayne F. Chelikowsky is Director of Administration, Erie County Water
Authority. From 1987 to 1991 he was Vice President, D'Youville College. Mr.
Chelikowsky is a former member of the Board of Directors of the Buffalo & Erie
County Public Library, the Buffalo Council on World Affairs, and the Waterfront
Healthcare Facility.
Mr. Pitts moved:
That the communication from the Mayor dated April 21, 1994, be received
and filed; and
That Daniel Roach, 50 Highland Avenue, Buffalo, N.Y. 14222, Bridget
Humann, 72 Lancaster Avenue, Buffalo, N.Y. 14222 and Wayne F. Chelikowsky, 54
Jewett Avenue, Buffalo, N.Y. 14214 are (3) nominees designated for the
appointment to the Board of Trustees of the Buffalo and Erie County Library, be
confirmed. The County Executive, subject to confirmation by the County
Legislature, will appoint one trustee from the said three (3) nominees for a
term ending December 31, 1998.
ADOPTED.
No. 2
EZ/EC Progress Report
For the past ten weeks, my office, the Council Chief of Staff,
the Department of Community Development, and a growing network of expert
volunteers have been assembling our application for the Empowerment
Zone/Enterprise Community (EZ/EC) program. I write to preface the attached
report with a review of the EZ/EC program and application process.
The federal government is using the EZ/EC process to stimulate
cooperation and coordination between local, state, and federal government, the
private sector, the community, and private foundations - that is to say,
"everyone" -to focus on the improvement of a target community.
The recipients of EZ designations will receive $100 M in federal grants
over ten years, while recipients of EC designations will receive $3M over ten
years. Recipients of either designation will receive tax breaks, and "favored
city" consideration for future grants and federal programs. All EZ/EC awards
must be used to assist the EZ/EC zone within the recipient city.
The application process involves two primary elements: the formulation of
the target zone, and the formulation of a plan for the zone.
Using the EZ/EC guidelines for zone characteristics such as total area
and population (max. 50,000), poverty levels, contiguity, overlap with existing
or pending economic zones, etc.; and working with citizens, service providers,
and community experts, we have selected a zone that 1) satisfies HUD
requirements, and 2) maximizes the positive impact of an EZ/EC designation.
All of you #will have received personal visits from Rev. Brown and
representatives of Community Development to introduce and explain the zone
selected.
The second part of the application calls for a plan that involves
"everyone" to achieve community goals such as crime reduction, education, job
creation, improved human services, improved housing, and economic development
through collaborative effort. Coordinating interaction between many disparate
bodies has proved rewarding, and now that we have completed the data
collection process we are ready to write our application.
We expect the competition to be very intense. However, we believe that
we have a good chance to receive a designation. We are working feverishly to
produce a superior application to be sent for state review by June 1, in
accordance with the federal deadline.
As is our policy, we will continue to provide you with information as it
becomes available. We desire and encourage your input, and we will make every
effort to answer your questions quickly and comprehensively.
REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT.
FROM THE MAYOR - EXECUTIVE DEPARTMENT
FROM THE CITY PLANNING BOARD
No. 3
A. Sanford, 241 Humboldt Pkwy.
Item No. 94, C.C.P. 5/3/94
The City Planning Board, at its regular meeting held Tuesday,
May 10, 1994, considered the above application pursuant to Section 511-68.1 of
the Buffalo Code - Hamlin Park Overlay Review District.
The applicant seeks to Install new vinyl siding, soffit and fascia on a
house at 241 Humboldt Parkway.
The City Planning Board voted to approve the application.
RECEIVED AND FILED.
FROM THE BOARD OF STADIUM AND AUDITORIUM
No. 4
Free Use of Memorial Auditorium on Sunday June 26, 1994
The Board of Stadium and Auditorium has received a request from
C & W Dance Charities, represented by Tony McKegney and Danny Rose for free use
of Memorial Auditorium on Sunday, June 26, 1994 to host a fund-raising event.
The event will be billed as a "Country Dancing Jamboree", with all monies
raised to be donated to two (2) charities, namely Multiple Sclerosis and My
Brother's Keeper.
In conjunction with the largest indoor country line dancing they will
also sponsor a children's clinic. Children from the inner-city and youth
hockey organizations will participate in a hockey clinic with the Buffalo
Sabres and Hartford Whalers as the instructors. Also, members of the Buffalo
Bills will also take part.
They have agreed to supply the necessary insurance coverage, emergency
medical services and security for this event.
The Board of Stadium and Auditorium hereby recommends that your Honorable
Body approve the free use of Memorial Auditorium on Sunday, June 26, 1994 to
the C & W Dance Charities.
Mr. Pitts moved:
That the communication from the Board of Stadium and Auditorium, dated
May 9, 1994, be received and filed; and
That the Board of Stadium and Auditorium be, and it hereby is, authorized
to grant free use of Memorial Auditorium on Sunday, June 26, 1994 to C & W
Dance Charities to present the "Country Dancing Jamboree". C & W Dance
Charities, represented by Tony McKegney and Danny Rose will provide the
necessary certificate of insurance, and provide the necessary security and
comply with the New York State Health Code regarding emergency medical staffing
and that C & W Dance Charities file with this Common Council financial and
budget reports.
PASSED.
AYES- 13 NOES- 0.
No. 5
Waiver of Rental Fee To Community Grief Center of Western New York For Pilot
Field on Saturday, September 17, 1994
The Community Grief Center of Western New York has forwarded a
request to the Board of Stadium and Auditorium for waiver of rental of Pilot
Field on Saturday, September 17, 1994 to host a fund-raising event.
The Community Grief Center counsels individuals, families and
corporations dealing with deaths, divorces, addictions, etc. The purpose of
this event is to raise money for the Center and bring visibility to the
community for the services offered by the Center.
The Center has agreed to supply the necessary insurance coverage,
emergency medical services, security and has agreed to pay the expense for
utilities and labor.
The Board of Stadium and Auditorium hereby recommends that your Honorable
Body waive the rental fee for Pilot Field on Saturday, September 17, 1994 to
the Community Grief Center of Western New York for this fund-raising event.
Mr. Pitts moved:
That the communication from the Board of Stadium and Auditorium, dated
May 9, 1994, be received and filed; and
That the Board of Stadium and Auditorium be, and it hereby is, authorized
to grant a waiver of rental fee for use of Pilot Field on Saturday, September
17, 1994 to Community Grief Center of Western New York to host a fund-raising
event. The Community Grief Center of Western New York will provide the
necessary certificate of insurance, and provide the necessary security and has
agreed to pay the expense for utilities and labor and comply with the New York
State Health Code regarding emergency medical staffing and that the Community
Grief Center of Western New York file with this Common Council financial and
budget reports.
PASSED.
AYES- 13 NOES- 0.
FROM THE COMPTROLLER
No. 6
Certificate Of Necessity
Transfer of Funds
Department of Police -- Management Services
Tactical Division and Building and Fleet Maintenance
We, Anthony M. Masiello, Mayor and Joel A. Giambra, Comptroller,
do hereby certify, pursuant to Section 42 of the Charter, that it is necessary
that the sums of $26,000 and $10,000 be transferred and reappropriated from the
Department of Police -- Management Services, as set forth below:
Dated: Buffalo, NY, May 4, 1994
RECEIVED AND FILED.
No. 7
Correct Appt. Superintendent Fire Apparatus
Item #166, C.C.P., 5-3-94
This office concurs that James Durham's appointment to the position
of Superintendent of Apparatus was effective July 2, 1992 at the maximum salary
of $36,931.
RECEIVED AND FILED.
No. 8
Authorized But Unissued Debt
After further review of authorized but unissued debt your Honorable
Body agreed that the following bond resolutions should be rescinded:
$ 95,000 - Improvements at Majorka Village
$3,966,000 - Construction of Theatre District Parking Ramp
$ 475,000 - Environmental School
$ 520,000 - Renovation of Memorial Auditorium
$5,056,000
Upon approval by your Honorable Body, l will prepare the rescinding bond
resolutions.
Mr. Pitts moved:
That the communication from the Comptroller dated, May 17, 1994 be
received and filed; and
That the Comptroller be, and he hereby is authorized to rescind the bond
resolutions as more fully described in the above communication in the amount of
$5,056,000.
PASSED.
AYES- 13 NOES- 0.
No. 9
Interfund Loans
Over the last six years, the City has provided interfund loans
from the City General Fund to The City, Board and Enterprise Capital Projects
Funds to implement financing of the Capital Improvements Budget. The interfund
loans are repaid when the Bond Anticipation Notes or Bonds are issued to
finance these projects.
As of today, we have one request for money to finance a project and we
will not reenter the bond market at this time.
We are requesting that you approve an interfund cash loan from the
General Fund to the City Capital Projects Fund in the amount of $175,000 for
Kingsley Park Remediation. The loan will be repaid when Bond Anticipation
Notes or Bonds are issued.
From To Acct. Repayment Date Total
100 Gen 200 Cap Proj 200-717-042 BAN/Bond Sale $175,000
Mr. Pitts moved: That the communication from the Comptroller, dated May
10, 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 City Capital Projects Fund in
the amount of $175,000 for Kingsley Park Remediation. The loan will be repaid
when Bond Anticipation Notes or Bonds are issued.
PASSED.
AYES- 13 NOES- 0.
No. 10
Interfund Loans - Riverside Academy
Over the last six years, the City has provided interfund loans
from the City General Fund to The City, Board and Enterprise Capital Projects
Funds to implement financing of the Capital Improvements Budget. The interfund
loans are repaid when the Bond Anticipation Notes or Bonds are issued to
finance these projects.
As of today, we have two requests for money to finance projects and we
will not reenter the bond market at this time.
We have received a request from the Board of Education that you approve
interfund cash loans from the General Fund to the Board of Education's Capital
Projects Fund in the amount of $600,000 for Planning New Elementary School and
$440,000 for Planning for Riverside Academy. The loans will be repaid when
Bond Anticipation Notes or Bonds are issued.
From To Acct. Repayment
Date Total
100 Gen 299 Cap Proj 299-970-075 BAN/Bond Sale $600,000
100 Gen 299 Cap Proj 299-970-094 BAN/Bond Sale $440,000
Before you approve this item, we are requesting that you refer it to
Committee. My office, the administration and your Honorable Body should receive
the following additional information: the site of the schools, cost of the
schools, source of funds to build the schools and process to recapture State
building aid. The answers to these questions should be of utmost importance to
all parties especially in light of the recommendations presented by the State
Comptroller in his review of the Buffalo City School District.
REFERRED TO THE SPECIAL COMMITTEE ON EDUCATION.
No. 11
Report Of Appraisal And Bid 42-44 Auchinvole
Item No. 110, C.C.P. 3/22/94
In the above referenced item Your Honorable Body authorized this
office through the Division of Real Estate, to proceed with the sale of the
above captioned property and report the results back to you for final approval.
The property consists of a parcel of land 59' x 86'. Ellicott
Development, Inc. had requested to purchase this property as part of an
assemblage for the development of a Rite-Aide Pharmacy, at the comer of Grant
and Auchinvole.
Ellicott Development did petition Supreme Court for the appointment of
two appraisers to estimate the value of the City's interest in the property.
The report of the appraisers was filed with the Erie County Clerk's Office on
May 2nd, 1994. The appraisers have estimated the value of the City's interest
in the property at Five Thousand Dollars ($5,000).
Ellicott Development, Inc. has agreed to pay Five Thousand Dollars
($5,000) for the purchase of the property. They have further agreed to pay for
the cost of the title search, survey and all closing costs associated with the
transfer of title.
I am recommending that Your Honorable Body approve the sale of 42-44
Auchinvole to Ellicott Development, Inc. in the amount of Five Thousand Dollars
($5,000) upon the above stated terms. I am further recommending that the
Corporation Counsel be authorized to prepare the necessary documents for the
transfer of title and that the Mayor be authorized to execute the same.
Mr. Pitts moved:
That the communication from the Comptroller, dated May 11, 1994, be
received and filed; and
That the offer of Ellicott Development, Inc., in the sum of $5,000.00
(Five Thousand Dollars) to purchase the property described as 42-44 Auchinvole,
be and hereby is accepted; and
That the Corporation Counsel shall prepare the necessary documents for
the transfer of title and that the Mayor be authorized to execute the same, in
accordance with the terms of sale upon which the bid was submitted, provided,
however,
That the appraisal requested by the City of Buffalo shall be paid by the
purchaser; and
That the transfer tax, recording fees and cost of legal description shall
be paid by the purchaser.
PASSED.
AYES- 13 NOES- 0.
No. 12
Automated Information Network for
Administration Adjudication Bureau
Item No. 165, C.C.P. 05/04/94
In response to the Common Council Resolution to create an Automated
Information Access Network for Code and ordinance Violations for a Bureau of
Administrative Adjudication, the comptroller's Office, function of Data
Processing, will comply and if you desire will coordinate with the designee of
the Administration the necessary steps needed to create the requested Computer
System.
The function of Data Processing will start the initial System design when
the Administration designee is known (Designee should have the authority to
recommend staffing); when it is determined that the necessary amended Senate
Bills are near approval and; when Council Staff is able to define in broad
terms the scope of enforcement. i.e. types of Housing Codes and Ordinances.
REFERRED TO THE ADMINISTRATION ADJUDICATION TASK FORCE.
No. 13
Performance Audit Report
Computerized Management Control Systems
For Collection of Refuse
In response to the directive requiring the Comptroller to file
audit reports with the Common Council, I hereby submit copies of the Department
of Street Sanitation, Computerized Management Control Systems for Collection of
Refuse, for the upcoming 1994-95 fiscal year.
Our report was prepared in conjunction with our recommendations as found
in our Cost Allocation for Refuse and Recycling report which was filed with the
Common Council on April 21, 1994.
The subject report provides an overview of both current and proposed
computerized programs available to the Streets Department for use as both
accounting and management tools.
REFERRED TO THE COMMITTEE ON FINANCE AND THE ERIE COUNTY DISTRICT ATTORNEY,
COMMISSIONER OF PUBLIC WORKS, THE COMPTROLLER, THE COMMISSIONER OF STREET
SANITATION AND THE CORPORATION COUNSEL.
No. 14
Memorialize Legislature - Change In Rem to 1 Year
Item #160, C.C.P. May 3, 1994
It has been proposed that the period for commencement of In Rem
proceedings be changed from two years to one year.
Notwithstanding whatever legal steps would be necessary to implement this
change, this office can comment on the effect the change would have on current
tax collection activity.
Presently the Division of Collections begins collection of a tax in April
of the fiscal year billed, and continues until a property is targeted for
foreclosure. This is a period of just under two years. The goal is to collect
tax monies as early as possible and limit the number of properties which are
ultimately foreclosed, particularly those struck to the City.
Should the proposed change be enacted, it would be necessary for the
Division of Collections to concentrate its efforts during the shortened period
before foreclosure.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 15
Monthly Overtime Usage Report
I am providing the Common Council with an update of the Monthly
Overtime Usage Report as of April 30, 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 COMMITTEE OF THE WHOLE.
FROM THE PRESIDENT OF THE COUNCIL
No. 16
Appt. Casino Gaming Task Force
I would like to appoint the following people to the Casino Gaming
Task Force:
1. Sergio Fornasiero - 83 Wilkes Ave., Buffalo, NY 14215
2. Carl Paladino - 210 Ellicott Square Bldg., Buffalo, 14203
3. Herbert L. Bellamy, Sr. - 1490 Jefferson, Buffalo, 14208
4. Kurt Alverson - Director, Convention Ctr, Buffalo, 14202
5. Elizabeth Pujolas - Greater Buffalo Partnership,
300 Main Place Tower Buffalo, NY 14202
6. Daniel Bicz - Commissioner - Community Development
7 Alan DeLisle - Mayor's Office - 201 City Hall
8. James W. Pitts - 1408 City Hall
9. Carl Perla - 1316-B City Hall
Your cooperation is appreciated.
RECEIVED AND FILED.
AYES- ARTHUR, COLLINS, COPPOLA, FRANCZYK, LOTEMPIO, PERLA, PITTS- 7.
NOES- BELL, CZAJKA, FAHEY, HELFER, LOCKWOOD, ZUCHLEWSKI- 6.
FROM THE COMMISSIONER OF ASSESSMENT
No. 17
Request for Change in In Rem Proceedings
Item No. 159, C.C.P. 05-03-94
Since March 13, 1981, the Department of Assessment, in conjunction
with the Division of Treasury and Department of Law, has aggressively pursued
and conducted an annual In Rem Proceeding.
The implementation of the Foreclosure Sale not only creates public
awareness but is a valuable tool in the collection of City taxes.
Therefore, we support the resolution sponsored by Councilmember Helfer.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 18
Request for Change In the Way
The City Collects Property Taxes
Item No. 160, C.C.P. 05/03/94
The above item was referred to this office for a response.
We reviewed the proposed resolution and the Department of Assessment
supports the payment of current City taxes in four (4) installments providing
it does not have an adverse effect on the City's cash flow.
Presently, the Charter and Code of the City of Buffalo, Sections 591 and
592, allows payment of taxes in two (2) installments, July 1 and December 1.
REFERRED TO THE COMMITTEE ON LEGISLATION.
FROM THE COMMISSIONER OF PUBLIC WORKS
No. 19
Liquor License Applications
Item No. 74, C.C.P. 05/03/94
The above item was referred to this office for a report.
We reviewed our tax files to determine if the individuals and/or
corporations applying for a liquor license owe real property tax, sewer rent,
local assessment or occupancy tax. According to our records, please be advised
of the following:
1) 47 E. Mohawk Street is assessed to Peter V. Perrone, 845 Tonawanda Creek
Road, Amherst, New York. According to our records, the City taxes, occupancy
tax and sewer rent are paid. We do not list G.T.M. Downtown, Inc. as owning
property in the City of Buffalo.
2) 141 Elm Street is assessed to Old Spaghetti Warehouse Inc., c/o George
McElroy & Assoc., P.O. Box 565048, Dallas, Texas. According to our records, the
City taxes, occupancy tax and sewer rent are paid.
3) 1223 Niagara Street is assessed as 1221 Niagara and assessed to Daniel V.
and Anna Zaccagino, 338 Richmond, Buffalo, New York. According to our records,
the City taxes, occupancy tax and sewer rent are paid. The business name,
Danny Zack's, and the owner's name, P.J.B.J. Enterprises, Inc., do not own
property in the City of Buffalo.
4) 366 Tonawanda Street is assessed as 175 Austin and assessed to J.
Consortium Inc., 366 Tonawanda Street, Buffalo New York. J. Consortium Inc.
also owns 173 Austin. Our records show the following City taxes and sewer rent
unpaid:
175 Austin - 1992-93 - $ 3,364.05
1993-94- $ 3,772.25
173 Austin - 1992-93 - $178.01
1993-94- $694.86
(Interest computed at of May 31, 1994)
We do not list the applicant Simon B. Joseph, 1327 North Forest Road,
Williamsville, New York as owning property in the City of Buffalo.
It is suggested that Your Honorable Body obtain the names of the
principals of the corporations and we will further check for taxes.
REFERRED TO THE COMMITTEE ON LEGISLATION AND THE NY STATE LIQUOR AUTHORITY.
No. 20
Monthly Report of Licenses
Issued in April 1994
I am respectfully submitting the enclosed report of licenses issued
in the month of April 1994 by the Division of Licenses.
RECEIVED AND FILED.
No. 21
Extension of City Contract No. 91745600
Hatch Cover Rehabilitation
Division of Water
In accordance with the terms of the Contract between the City
of Buffalo and Flo-Kleen Pipe Services, Inc., City Contract No. 91745600, Hatch
Cover Rehabilitation, the work called for in this contract is scheduled to be
completed May 6, 1994.
The contractor has requested an extension in this contract due to the
long lead time for the stainless steel materials.
Accordingly, I have granted an extension of time in the contract with
Flo-Kleen Pipe Services, Inc. This extension will have no cost impact to
either construction or engineering services.
The new completion date for this contract is June 30, 1994.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 22
Waive Fencing Requirements 1410 Delaware
Item No. 167, C.C.P. 04/19/94
The applicant is required by the Zoning Ordinances of the City
of Buffalo (Section 511-97A[1]) to screen his parking lot when he is located
across the street from any "R" District. Directly across Delaware Avenue from
this site is Forest Lawn Cemetery" which is located in an R-2 District.
Therefore, they are required to have either a solid wood fence or masonry wall
not less than four feet nor more than five feet high along just the Delaware
Avenue side of the parking lot. We have had calls from the contractor telling
us that the Department of Transportation would not let them put-up a solid
fence at this location, which is a major intersection, because it might cause
too many traffic problems.
Under that same section, alternate screening may be provided if its
design is submitted to the City Planning Board and approved by the Common
Council.
Landscaping would be the only logical solution to this property without
causing a lot of traffic problems.
RECEIVED AND FILED.
No. 23
Front Park Master Plan
Consultant Selection
Item No. 183, C.C.P. 04/19/94
In C.C.P. 4/19/94; item #183, Your Honorable Body authorized this
department to engage a consultant for the Front Park Master Plan with the
condition that I supply Your Honorable Body with the name of the consultant.
Please be advised that the Front Park Steering Committee has selected Wendel
for the Master Plan.
REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT.
No. 24
New Fire Station/Training Facility
SEQR Lead Agency Designation
Please be advised, prior to the implementation of the above referenced
project, the requirements of the New York State Environmental Quality Review
Act (SEQR) must be satisfied.
The project, as defined under SEQR, is a Type I action and a Lead Agency
responsible for determining the effect of this action on the environment must
be designated among the involved agencies. The involved agencies are the City
of Buffalo Department of Public Works and the Buffalo Common Council.
The Lead Agency must be designated by agreement among the involved
agencies within 30 calendar days of the date of this letter. The Department of
Public Works proposes to assume Lead Agency status for this project and
respectfully requests your consent to this designation.
The project Environmental Assessment form (Long EAF Part I) is enclosed
for your review. Please respond in writing to our request for Lead Agency
designation to Mr. John Lydon, Director of Buildings. If no objections are
received within thirty (30) days, the Department of Public Works will
automatically assume agency status.
If you have any questions regarding this matter, please do not hesitate
to contact Mr. Lydon at 851-5874.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 25
Permit Status Liquor License Applications
Item No. 75, C.C.P., 4/5/94
In response to C.C.P. #75, applications were mailed to the following
individuals:
Bill Hardick, 852 Main Street - Restaurant, Music and Coin Controlled Amusement
Device.
Frank Lojacono, 1122 Hertel Avenue - Restaurant, Music and Coin Controlled
Amusement Device.
Canteen Corporation, 1111 Fuhrmann Blvd. - Restaurant and Music.
Cheryl Zielinski, 4-6 Grimes - Restaurant, Music and Coin Controlled Amusement
Device.
Albert Digulio, Jr., 86 Ledger Street - Restaurant and Music.
James P. O'Mara, 1305 Bailey Avenue - Restaurant, Music and Coin Controlled
Amusement Device.
The following individuals have applied but have not yet been approved:
Eric C. Pellegrin, S.P.B. Restaurant Inc., 101 Theatre Place.
Kenneth A. Pratt, Bread Crumbs, 61-63 Allen Street.
Rosemarie T. Dycha, 328 Fillmore Avenue.
The following individual has applied and has been issued a Restaurant
Take-out License, #1315:
Gary Tenebra, 1197 Hertel Avenue.
RECEIVED AND FILED.
No. 26
Permit Status Liquor License Application
Item No. 81, C.C.P., 4/19/94
In response to C.C.P. #81 an application for 86 Ledger for a Restaurant
License was received by this office on April 19, 1994. We are waiting for
Zoning approval before the application can be processed any further.
RECEIVED AND FILED.
No. 27
Authorized But Unissued Debt and Bond Closeouts Revised
Item #13, C.C.P. 3/8/94
In regards to my previous correspondence of April 20, 1994, kindly
be advised that I have reviewed same with the Finance Department and do not
request that two (2) of the previous submitted nine (9) bonds be retained.
These two bonds as hi-lighted below can be closed out:
200-401-072 - $540.00 - Reconstruction of South Park Avenue
200-401-540 - $92,186.99 - Reconstruction of Court Street.
Mr. Pitts moved:
That the communication from the Department of Public Works dated, May 2,
1994 be received and filed; and
That the Comptroller be, and he hereby is authorized to close out the
bonds as more fully described in the above communication.
PASSED.
AYES- 13 NOES- 0.
No. 28
Claim For Wages Various Employees
From May 9 through May 22, 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 May 9 through May 22, 1994.
George Evans 10 days @ $119.540 per day = $1,195.40
Michael Farrell 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 May 6,
1994, be received and filed; and
That the Comptroller be, and he hereby is authorized to issue payments
for time worked from May 9, 1994 through May 22, 1994 to the individuals listed
and in the amounts specified in the above communication.
PASSED.
AYES- 13 NOES- 0.
No. 29
Permission To Advertise and Receive Proposals and Enter Into A Contract For
Cafeteria Concessions In City Hall
The agreement between the City and Service Systems Corporation
expires on September 17, 1994. We hereby request Your Honorable Body's
authorization to advertise and to accept proposals for operation of the
cafeteria concessions in City Hall.
Once proposals are received and reviewed by this department, we will
forward our recommendation to the Common Council for your approval.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 30
Permission to Prepare Plans and Specifications & Advertise For Proposal For The
"Repair to Street Cuts - Various Sections of City - 1994"
I hereby request permission from Your Honorable Body to prepare
plans and specifications and advertise for sealed proposals for the "Repair to
Street Cuts - Various Sections of city - 1994".
This project will include the permanent repair of street cuts caused by
private contractors, plumbers, and city agencies
This project will be funded by the Division of Engineering, and funds
will be available in CPF Account #200-401-507-00-000.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 31
Permission to Prepare Plans and Specifications & Advertise For Proposal For The
Reconstruction of Group #368 - Park Street - Allen St. to North St.
I hereby request permission from Your Honorable Body to prepare
plans and specifications and advertise for sealed proposals for the
Reconstruction of Park Street - Allen Street to North Street.
This project will include the total replacement of granite curb, pavement
and driveway approaches.
This project will be jointly funded by the Division of Engineering,
Buffalo Water Authority, and the Buffalo Sewer Authority. Funds for this
project shall be transferred to CPF Account #200-401-549-00-000 prior to bid
date.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 32
Permission to Engage Consulting Engineer Cleaning and Cement Lining Watermains
Amherst/Starin/Hertel/Main
It is respectfully requested that your Honorable Body authorize
the Commissioner of Public Works to engage the services of a Consulting
Engineer to prepare plans and specifications and provide full time field
inspection for Cleaning and Cement Mortar Lining approximately 21,500 I.f. of
Existing Watermains varying in sizes from 6 inch to 16 inch in diameter placed
in the area within Amherst/Starin/Hertel/Main Street as follows:
16" in Hertel Ave. - from Starin to Main - approximately 3,500 I.f.
6" in Woodbridge - from Starin to Beard - approximately 2,400 I.f.
6" in Depew - from Starin to Main - approximately 2,600 I.f.
6" in Morris - from Starin to Beard - approximately 1,800 I.f.
6" in Beard - from Starin to Hertel - approximately 3,900 I.f.
12" in Amherst - from Starin to Main - approximately 1,600 I.f.
6" in Voorhees - from Amherst to Woodbridge - approx. 1,700 I.f.
12" in Voorhees - from Woodbridge to Hertel - approx. 1,000 I.f.
12" in Parker - from Amherst to Hertel - approximately 2,600 I.f.
6" in Parker - Amherst to Beard - approximately 400 I.f.
The existing watermains were built in the 1890's. Many of the existing
valves do not operate. New valves, fire hydrants and taps will be installed.
Funds to engage the services of an engineering firm are available in the
Division of Water's Capital Projects account.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 33
Permission to Engage Consulting Engineer
Cleaning and Cement Lining Watermains
Fillmore from Broadway to Kensington.
It is respectfully requested that your Honorable Body authorize
the Commissioner of Public Works to engage the services of a Consulting
Engineer to prepare plans and specifications and provide full time field
inspection for Cleaning and Cement Mortar Lining approximately 12,200 I.f. of
16 inch watermain in Fillmore Avenue from Broadway to Kensington Avenue.
The existing watermains were built in 1892. Many of the existing valves
do not operate. New valves, fire hydrants and taps will be installed.
Funds to engage the services of an engineering firm are available in the
Division of Water's Capital Projects account.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 34
Permission to Engage Consulting Engineer New Watermains at Crossroads Arena
It is respectfully requested that your Honorable Body authorize
the Commissioner of Public Works to engage the services of a Consulting
Engineer to prepare plans and specifications and provide full time field
inspection for Installing approximately 1900 L.F. of new 12 inch D.I. watermain
and approximately 4,500 L.F. of new 10 inch Watermain in Various Streets -
Crossroads Area including:
1900 L.F. of 12 Inch D.I. pipe in South Park Ave. from Main to Mississippi
Street
1700 L.F. of 10 inch D.I. pipe in Perry Street from Market Street to Louisiana
Street
1400 L.F. of 10 inch D.I. pipe in Michigan Avenue from So. Park Avenue to Scoff
Street
1400 L.F. of 10 Inch D.I. pipe in Scott Street from Washington Street to
Michigan Avenue
The existing watermains were built in 1917, 1891, 1853 and 1892. Many of
the existing valves do not operate. New valves, fire hydrants and taps will be
installed.
Funds to engage the services of an engineering firm are available in the
Division of Water's Capital Projects account.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 35
Permission to Engage Consulting Engineer
New 16" Watermain in Bailey Avenue
from South Park to McKinley Parkway
It is respectfully requested that your Honorable Body authorize
the Commissioner of Public Works to engage the services of a Consulting
Engineer to prepare plans and specifications and provide full time field
inspection for Installing approximately 1,600 I.f. of 16" D.I. pipe in Bailey
Avenue from South Park Avenue to McKinley Parkway to replace existing 16 inch,
20 inch and 36 inch cast iron pipes.
The existing watermains were built in the 1919. Many of the existing
valves do not operate. New valves, fire hydrants and taps will be installed.
Funds to engage the services of an engineering firm are available in the
Division of Water's Capital Projects account.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 36
Permission to Engage Consulting Engineer
New 8" Watermain in Niagara Falls Blvd.
and New 20" Watermain in Jefferson Avenue
It is respectfully requested that your Honorable Body authorize
the Commissioner of Public Works to engage the services of a Consulting
Engineer to prepare plans and specifications and provide full time field
inspection for Installing approximately 1,500 I.f. of new 8" D.I. pipe in
Niagara Falls Boulevard to replace existing 4" cast iron pipe between Main and
Kenmore Avenue and approximately 2,600 I.f. of new 20 inch D.I. pipe in
Jefferson Avenue between William Street and Swan Street.
The existing watermains were built in the 1914. Many of the existing
valves do not operate. New valves, fire hydrants and taps will be installed.
Funds to engage the services of an engineering firm are available in the
Division of Water's Capital Projects account.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 37
Permission to Engage Consultant
District Heat Expansion
I respectfully request Your Honorable Body permission to engage
a Consultant (Joseph Technology Corporation, Inc.) to review and approve the
interconnection of the Erie County Rath Building to the Buffalo District
Heating System.
Dr. Ishai Oliker, P.E. of Joseph Technology Corp., Inc. was the City of
Buffalo's consultant when the District Heating System was constructed in
1986/87. Dr. Oliker will review the design and specification developed by the
County of Erie's consultant, assess the condition of the piping materials
presently in the City's storage and provide inspection during underground
installation.
As previously authorized by Your Honorable Body in CCP 4/27/93; Item
#114, the& County of Erie will be initially paying for the expansion of our
current system and the City will be providing free energy after the first year
until the in-street construction costs have been fully amortized. The City of
Buffalo will have ownership of all underground piping.
Funds for this consultant are available in CPF 200-402-512.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 38
Report of Bids New Public Address System Masten CAO Center 735 Humboldt Parkway
I asked for and received the following Informal Proposal which
were publicly opened and read on May 6, 1994.
Buff-Com Communications 4,850.00
Muzak Ltd 5,331.20
PDM Services, Inc. 8,725.00
Witburn Enterprises, Inc. 10,400.00
I hereby certify that the foregoing is a true and correct statement of
all bids received and that Buff-Com Communication in the amount of $4,850.00 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
B/F 200-402-091 - Division of Buildings.
Estimate for this work was $6,100.00
Mr. Pitts moved:
That the communication from the Department of Public Works, dated May 6,
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 Public Address System at the Masten CAO Center to
Buff-Com Communications, the lowest responsible bidder in the amount of
$4,850.00, with said cost to be charged against the B/F 200-402-091 Division of
Buildings.
PASSED.
AYES- 13 NOES- 0.
No. 39
Report of Bids
New Entrance/Storefront
Northwest Branch Library
I advertised for on April 12, 1994 and received the following
sealed proposals which were publicly opened and read on April 26, 1994.
Marcon Erectors, Inc. 26,024.00
Nichter Associates, Inc. 28,485.00
The Hadala Corp. 32,400.00
I hereby certify that the foregoing is a true and correct statement of
all bids received and that Marcon Erectors in the amount of $26,024.00 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 200-402-019 Division of Buildings.
Estimate for this work was $27,500.00
Mr. Pitts moved:
That the communication from the Department of Public Works, dated May 3,
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 Entrance/Storefront Northwest Branch Library to
Marcon Erectors, Inc., the lowest responsible bidder in the amount of
$26,024.00, with said cost to be charged against the B/F 200-402-019 Division
of Buildings.
PASSED.
AYES- 13 NOES- 0.
No. 40
Restaurant/Dancing Class III 212 Franklin (Lower Floor Only)
Pursuant to Chapter 150 of the City of Buffalo Ordinances, please
be advised as follows:
I have examined the attached application for Restaurant/Dancing Class III
located at 212 Franklin and find that as to form it is correct. I have caused
an investigation into the premises for which said application for
Restaurant/Dancing Class III License is being sought and according to the
attached reports from the Fire Department and the Building Inspector, I find it
complies with all regulations and other applicable laws.
I have caused an investigation by the Police Department into the moral
character of George Romanczyk. The report from the Police Department
recommending approval is attached hereto~.
In consideration of the application of:
George Romanczyk
D/B/A Continental of Buffalo
212 Franklin (Lower Floor Only)
This request is submitted for your consideration and whatever action you
deem appropriate.
Mr. Pitts moved:
That the communication from the Department of Public Works dated April
13, 1994, be received and filed; and
That pursuant to Chapter 150 of the Ordinances of the City of Buffalo,
the Director of Licenses and Permits is hereby authorized to issue a
Restaurant/Dancing Class III License to George Romanczyk, proprietor of
Continental of Buffalo, 212 Franklin (Lower Floor Only), be, and the same
hereby is approved.
PASSED.
AYES- 13 NOES- 0.
No. 41
Solicitation of Funds
Permit for the Citizen Action of New York
Attached is an application for Solicitation of Funds for Citizen
Action of New York to solicit funds in the Buffalo area from June 1st to June
30, 1994. In accordance with Chapter 316, Article VI of the City of Buffalo
Ordinances, I hereby refer this matter to your Honorable Body.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 42
Amendment to Consultant Contract
Erie Basin Marina Phase IV
C.C.P. # 35 OF 4/13/93
I hereby submit to Your Honorable Body the following amendment
to the consultant contract for Phase IV of the Erie Basin Marina Project. In
the existing contract, funds were appropriated for minor repair work to the
concrete Observation Tower.
While performing the work on the Observation Tower, it became evident
that the Tower would need more work than originally anticipated. (see attached
letter from T.V.G.&A. dated April 25, 1994. This work will not exceed $5,100.00
Contract Summary
Original Contract (including inspection) $84,900.00
Change Order (See attachment dated 11/18/93 $ 3,150.00
Change Order #2 Proposed $ 5,100.00
(See attachment dated April 25, 1994
New Contract Amount $93,150.00
I respectfully certify that this change order is fair and equitable for
the work involved and respectfully request that Your Honorable Body approve the
subject change order and authorize the Commissioner of Public Works to issue
said change order to T.V.G.&A.
Funds for this work will be made from existing Bond Funds 200-401-088 and
200-401-532.
Mr. Pitts moved:
That the communication from the Department of Public Works, dated May 11,
1994, be received and filed; and
That the Commissioner of Public Works be, and he hereby is, authorized to
issue a change order #2 to T.V.G.&A., changes resulting in a net increase in
the amount of $5,100.00, as more fully described in the above communication,
for work relating to the Observation Tower at Erie Basin Marina, Phase IV
Contract. Funds to be charged to Bond Funds 200-401-088 and 200-401-532.
PASSED.
AYES- 13 NOES- 0.
FROM THE COMMISSIONER OF PARKS
No. 43
Delaware Park Tennis Concession
Please be advised that the Department of Parks has received a
proposal for a Tennis concession at the Delaware Park Tennis Courts.
This proposal is a first year proposal, experimenting with several tennis
programs encompassing all age groups in the Tennis Community and those
interested in learning tennis through free clinics leagues, and tournaments.
The success of the first year could possibly develop to expanding this program
city wide.
Any proceeds from tournaments would go to a charity of our choice; (eg
Park Ranger Program [Friends of Olmsted Parks]).
In return for free clinics, tournaments, etc., the concessionaire" would
receive permission to teach private lessons using the McMillan Courts in
Delaware Park. This agreement would involve no payments to the City.
Unless I hear a negative response from the Council, I will pursue this
matter and put together an agreement that will be presented to you for final
approval at a later date.
REFERRED TO THE COMMITTEE ON FINANCE AND THE CORPORATION COUNSEL.
FROM THE COMMISSIONER OF POLICE
No. 44
Checks Received
Per C.C.P. No. 104 of February 2, 1988, attached hereto, please
find copies of the following checks:
8155-00097167 $29,126.50
8155-00097251 $ 2,474.29
Total $31,600.79
The above referenced property has been administratively forfeited by the
Drug Enforcement Administration (DEA). These checks were received by this
Department and duly deposited in trust & Agency Account # 630-065-271-00-000.
RECEIVED AND FILED.
No. 45
Checks Received
Per C.C.P. No. 104 of February 2,1988, hereto, please find copies
of the following checks:
8155-00097322 $1,198.98
8155-00097174 1,194.70
8155-00097179 3,520.40
8155-00097350 8,087.25
8155-00097346 7,292.04
8155-00097344 297.60
8155-00097170 12,318.35
8155-00097193 340.00
8155-00097192 3,906.00
8155-00097177 1,758.40
8155-00097209 1,645.15
8112-00304391 1,223.38
Total $42,782.25
The above referenced property has been administratively forfeited by the
Drug Enforcement Administration (DEA). These checks were received by this
Department and duly deposited in Trust & Agency Account # 630-065-271-00-000.
RECEIVED AND FILED.
No. 46
Fully Executed Drug Interdiction
Points of Entry Contract '93-'94
Item #44, C.C.P. 12/28/93
Please be advised that the Drug Interdiction/Points of Entry Program
Contract between the New York State Division of Criminal Justice Services and
the City of Buffalo for the project period December 1, 1993 through November
30, 1994 has been fully executed in the amount of $198,000.
A copy of this contract is on file in the Department of Administration
and Finance (Budget), the Division of Audit and in the Division of
Administration and Communications (Buffalo Police Department). We have also
notified the Central Grants Office.
REFERRED TO THE COMMITTEE ON FINANCE.
FROM THE CORPORATION COUNSEL
No. 47
Conrail Property Tax Assessment
Item No. 25, C.C.P., 5/3/94
The Law Department has been asked to comment on this item. Commissioner
Tanzella's explanation of the situation regarding Conrail real property taxes
is accurate. An injunction has been issued by the Federal Court, Southern
District of New York, prohibiting the City (and all other taxing and collecting
jurisdictions in New York) from taking any action to collect more than a
specified amount in real property taxes from Conrail. Conrail is currently
challenging its assessments, the method of calculating assessments and the
state railroad ceiling on assessments.
The injunction and certain other parts of the Order are under appeal and
the appeal will be argued June 3, 1994.
RECEIVED AND FILED.
No. 48
Sansanese Settlement
Demolition of 142 W. Delavan Avenue
On or about August 2, 1991, the building located at 142 West Delavan,
Buffalo, New York was demolished by Advanced Tree Service, Inc. ("Advanced")
for $8,000.00. Advanced demolished the building pursuant to a demolition
contract awarded by the City after they received low bidder status. The
building was owned by Daniel Sansanese who signed a consent to demolish form
prior to the demolition.
On or about May 5, 1992, Mr. Sansanese petitioned the Common Council to
compromise the cost of the demolition and proposed that he pay $4,500.00 in
full satisfaction of the $8,000.00 debt. Mr. Sansanese claimed that he was
advised by the Department of Inspections and Community Revitalization that he
would be notified of the bid amount prior to the demolition. The Common Council
denied the compromise request (Item No. 121, C.C.P. 12/28/93).
Since the request, additional information has been discovered. It now
appears that the designated contractor may have demolished the building in a
manner inconsistent with the specifications and standard practice so that the
actual cost of demolition was less than $8,000.00. This office, in conjunction
with the Department of Audit and Control, is currently investigating this
claim.
In the interim, Mr. Sansanese has proposed $5,000.00 in full settlement
of this claim. Toward that end, he has forwarded $3,000.00 and is willing to
forward the additional $2,000.00 upon approval of the settlement.
To commence an action against Mr. Sansanese to recover the full
$8,000.00, the City would have to pay filing fees and judicial intervention
costs. As the case proceeded to trial, there would be additional pre-trial
deposition costs, subpoena fees, etc. At trial, there is, of course, the
possibility that a judge or jury may not decide the case in our favor.
In view of the foregoing, the Corporation Counsel recommends settlement
in the amount of $5,000.00.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 49
Buffalo Police Department
Opinion No. 94-66
You have requested an opinion from this office as to whether the
Interim Action Plan, filed by the Police Department on May 3, 1994, could be
considered consolidation and if so, would it require the Department to
implement the agreed upon shift change to take effect January 1, 1995 upon
implementation of the Interim Plan.
Under the recently signed contract with the PBA, the ";4-3, 4-4, 10-hour
schedule" ( 4[C][1] takes effect on 1/1/95 for Consolidated Divisions and left
over Precincts, regardless of the status of consolidation. The language
provides that any remaining precincts could be consolidated at the City's
discretion on that date. This language does not provide for the acceleration of
the new work schedule based on the implementation of the Interim Plan or any
other reorganization efforts prior to January 1, 1995.
Therefore, it is our opinion that the implementation of the Interim
Action Plan would not require the Department to implement the new work schedule
prior to January 1, 1995.
REFERRED TO THE COMMITTEE OF THE WHOLE.
No. 50
Change Order - Masonry
Reconstruction - Carnevale Center
Opinion No. 94-59
Item No. 35, CCP 3/12/94
Your Honorable Body has inquired whether a change order can be
issued for the contract involving masonry work for the Carnevale Center.
Pursuant to Section 103(1) of the General Municipal Law, except as
otherwise provided, "all contracts for public work involving an expenditure of
more than twenty thousand dollars, shall be awarded to the lowest responsible
bidder..." If additional work is necessary, to complete the contract, the
circumstances surrounding the work in question will determine whether a change
order can be issued.
"As a general rule, a change order may be issued, without competitive
bidding, so long as the modification does not alter the essential identity or
the main purpose of the contract." 1980 Op. St. Compt. File #80-130. In another
opinion, the State Comptroller stated that "where the additional work is of the
same nature as the original work, is performed in the same area as the original
work, is necessary to efficiently complete the project and was not anticipated
until work on the original project was begun," a change order may be issued.
1983 Op. St. Compt. File #83-52.
The original contract called for masonry work to be done along
approximately the top 25% of the Carnevale Center's front wall. The brick was
to be removed and replaced by new brick. Stonework along the windows was also
to be removed and replaced before it could collapse. Before the work could be
done, the upper 30% of the wall collapsed. The collapse revealed some
additional work that had to be done in order to properly repair the wall.
The Carnevale Center situation falls in line with the State Comptroller's
1983 opinion. The change order in this instance was issued in order to complete
the original contract. The "essential identity or main purpose of the
contract," namely repairing the top of the wall, remains the same. The area
affected is essentially the same and the additional work is necessary to
efficiently complete the project. Any work that deviates from the original
contract only does so to stabilize the original work area and to make the new
work viable. The internal defects that caused the collapse could not have been
anticipated before the collapse because the problems were not revealed until
after the brick came down.
Based on the circumstances in this case, a change order can be issued for
the contract involving masonry work for the Carnevale Center.
RECEIVED AND FILED.
FROM THE COMMISSIONER OF COMMUNITY DEVELOPMENT
No. 51
April 1994 Office Space Inventory
The Division of Planning has conducted its study of downtown office
occupancy rates entitled, "Inventory and Analysis of Office Space in the City
of Buffalo Central Business District From 1982 Through 1993", April 1994.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 52
Permission to Execute Lease
Massachusetts Avenue Playground
In order to construct a community built creative playground partially
on City of Buffalo Massachusetts Avenue Playground property and partially on
property at the Butler Mitchell Boys and Girls Club, a lease is required for
the front of 370 Massachusetts Avenue, from the Boys and Girls Club of Buffalo.
The fee for the lease is $1.00 per year and the Corporation Counsel has
reviewed, and approved, all the conditions of the lease.
I, therefore, request that Your Honorable Body authorize the Mayor of the
City of Buffalo to execute a Lease Agreement with the Boys and Girls Club of
Buffalo for the front of 370 Massachusetts Avenue.
Mr. Pitts moved:
That the communication from the Commissioner of Community Development,
dated May 9, 1994, be received and filed; and
That the Mayor be, and he hereby is, authorized to execute a lease
between the City of Buffalo and the Boys and Girls Club of Buffalo for the
front of 370 Massachusetts Avenue for $1.00 (One Dollar) per year, and that the
Corporation Counsel shall prepare the necessary lease agreement and that the
Mayor be authorized to execute the same.
PASSED.
AYES- 13 NOES- 0.
No. 53
Citywide Playground Renovations Phase I
I have asked for and received the following bids for Citywide
Playground Renovations Phase I on May 11, 1994:
BIDDER BASE BID
Tomani Eastern 58,900
Gleason's Nursery 62,677
American Paving 64,500
Birch Grove Landscaping 67,167
G.B.H. Paving 78,249
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 Tomani
Eastern, Inc., 649 Marilla Street, Buffalo, New York 14220 is the lowest
responsible bidder in accordance with the plans and specifications in the
amount of $58,900.
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 Fund
200-717-049.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 54
Appt. Director Arts Commission
Item #58 CCP 4/19/94
On February 25, 1994, Mayor Masiello appointed David F. Granville
as Executive Director of the Buffalo Arts Commission.
Having worked with Mr. Granville since his appointment and having learned
a little of his background. I am pleased to write this letter on behalf of Mr.
Granville in response to your request of April 21, 1994.
Mr. Granville is an alumnus of Niagara University, where he earned a
Bachelor of Fine Arts degree summa cum laude. This is only one accomplishment
in a ten year history of his personal involvement in the arts locally,
nationally, and abroad.
Mr. Granville has been successful as a Director. Actor. Stage Manager,
and Author, and has shown his deep appreciation of the arts through appearances
on radio and television to promote his and other works.
Mr. Granville is a native of Buffalo, but his directorial assignments
have taken him to Dublin, Ireland. Vancouver, British Columbia, and Greensboro,
North Carolina, to name a few. Mr. Granville has authored two dramatic pieces.
Everyman (modern adaption), and The Song of Songs, which has premiered locally
and has been produced abroad.
Mr. Granville has developed a reputation for bringing new, original
dramatic works to life under his creative directorial hand. In Oakland,
California, he directed the premier of Eckhart, and locally has staged premier
productions of No Spartan Shield by Loren Keller and the Gratz Delusion by
Rebecca Ritchie. Mr. Keller and Mrs. Ritchie are two of WNY's most prolific
authors. Mr. Granville directed the premier production of In Sickness & In
Health for the Alzheimer's Disease Association of WNY, a work which was
subsequently produced in Savannah, Georgia on the strength of the Buffalo
production.
In addition to new works, Mr. Granville has worked on established pieces
as well. These include The Crucible, 84 Charing Cross Road, and The Merry
Widow (with Roberta Peters) which have been staged in such venues as Artpark,
the Lancaster Opera House, Sheas Buffalo Center for the Performing Arts, and
the Eastman School of Music to name a few. It would be accurate to
conservatively estimate the combined budgets of these projects to be no less
than $1 million.
Mr. Granville has appeared on stage in over 30 productions throughout WNY
and in California in such theaters as Studio Arena, Alleyway, Buffalo Ensemble,
and Rockwell Hall. These include: The Elephant Man, Brighton Beach Memoirs,
Carousel, The Sound of Music, and A Midsummer Night's Dream (directed by Mr.
Maurice Daniels of the Royal Shakespeare Company). Mr. Granville's salary for
his acting appearances have ranged from $10-$20 per hour.
I welcome Mr. Granville to City Hall where he has brought his tireless
creative energies to many projects since his appointment. He is currently
averaging between 50 and 50 hours of work time a week. The Mayor has also
appointed Mr. Granville to act as his Liaison for Sister Cities. In this
capacity, Mr. Granville will be travelling, at his own expense, to two foreign
countries with a contingent of Buffalo business leaders, educators and
government officials. He also spends many hours of his own time on certain
projects where his research and report skills are needed.
I am sure Mr. Granville will continue to be an asset to City Hall not
only to the Department of Community Development and to the Mayor, but to your
Honorable Body as well.
If I may be of further assistance in this matter please do not hesitate
to contact me. Thanking you for your time and attention.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
FROM THE COMMISSIONER OF INSPECTIONS AND COMMUNITY REVITALIZATION
No. 55
Report of Emergency Bids - Demolition of 327 Rhode Island
Due to the very serious and hazardous condition of the building
listed below, inspections were conducted by this department and it was
determined that immediate demolition was necessary due to (1) the structural
condition of the building and/or (2) the resulting dangerous and hazardous
condition which exists at this location, i.e., in accordance with guidelines
outlined in Chapter 113 of the Ordinances of the City of Buffalo. Please be
advised, therefore, that offers to demolish were solicited on April 12, 1994
and that the contract will be awarded to the following responsible bidder:
ADDRESS/OWNER CONTRACTOR/AMOUNT OF BID
327 Rhode Island J. Martin
City of Buffalo $8,250.00
Please be further advised that the sewer and water services will be
terminated by the demolition contractor and this cost is included in the cost
of the project.
We, therefore, respectfully report to your Honorable Body that the cost
of the project is to be charged to the Capital Outlay Fund #100-241-085-00-900.
Mr. Pitts moved:
That the communication from the Department of Inspections and Community
Revitalization, dated April 29, 1994, be received and filed; and
That the award by the Commissioner of Inspections and Community
Revitalization of an emergency demolition contract to J. Martin at a cost of
$8,250.00, relating to 327 Rhode Island, is hereby confirmed, ratified and
approved, with said cost to be charged to the Capital Outlay Fund
#100-241-085-00-900.
PASSED.
AYES- 13 NOES- 0.
No. 56
Report On Implementation of
Price Waterhouse Recommendation
Item No. 175, C.C.P. 4/5/94
With regard to the above subject please be advised of the following:
* The Department is presently undergoing re-engineering with the assistance
of data processing.
* We have also set new policies related to time given on Notices of
Violation to decrease the number of re-inspections.
* Neighborhoods have been identified for concentrated code enforcement and
revitalization.
* We are presently working with the legislative body to develop a program
that will offer systematic and concentrated code compliance, allowing for both
landlord and tenant accountability, with goals of improving landlord and tenant
relations-
* A performance code is being explored.
* Re-engineering to accomplish a computer system and issue lap-top
computers for use in the field by the inspectors and to enhance cross
communications with other division and department activities.
* Weekly staff meetings have been initiated to develop standard operating
procedures.
* We have asked for two additional Chiefs in the budget to insure that all
divisions have full accountability and standard operating procedures in Fuel
Devices and Plumbing.
* Five members of the department are in the process of receiving State
certification for code enforcement training so as to allow for the
implementation of proper in-house/in-service training program.
* The department is working more closely with Planning and Community
Revitalization to carry-out comprehensive, long-term neighborhood planning and
strategic code compliance.
* Inspectors are working more closely with the C.B.O.'s and Neighborhood
Housing Services.
* The city is working close with the Legislative branch in developing a
rental licensing program to assist and assure owner/tenant accountability.
* We are presently exploring with the legislative body to develop a process
to monetarily penalize non-compliant individuals for creating a need for
excessive callbacks.
* We are seeking office equipment to enhance the facilities and work
environment.
REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT AND THE COMMISSIONER OF
INSPECTIONS AND COMMUNITY REVITALIZATION.
FROM THE COMMISSIONER OF ADMINISTRATION AND FINANCE
No. 57
Correct Appt Superintendent Fire Apparatus
Item No. 166, CCP May 3, 1994
To the best of our knowledge, the correction is appropriate except
for the reference to the title as being, "Superintendent of Apparatus (Fire)."
The correct title as of the 1992-93 fiscal year has been, "Superintendent of
Fire Vehicle Maintenance."
Our understanding of the above mentioned subject is that the original
"Certificate of Appointment" (Item #47 July 7, 1992) was for the appointment of
James Durham to the position of Superintendent of Fire Vehicle Maintenance on a
provisional basis at the starting salary of $31,314. This was apparently
incorrect. The current and correct appointment should have been and should
currently be, an appointment at the maximum step of the title.
RECEIVED AND FILED.
No. 58
Sick Leave Bank
Local 264, AFSCME, AFL-CIO
Evelio V. Negron
Attached please find a Memorandum of Agreement between the City
of Buffalo and Local 264, AFSCME, AFL-CIO, establishing a Sick Leave Bank for
the sole use of Evelio V. Negron, an employee of the Department of Parks.
Since Common Council approval is not required for agreements involving no
monetary expenditures, this Memorandum of Agreement is being filed for
informational purposes only.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE AND THE CORPORATION COUNSEL.
No. 59
Automated Information Access
Administrative Adjudication
No. 165 C.C.P. Hay 3, 1994.
In response to your referral of the above referenced item, please
be advised that the Department of Administration and Finance supports fully the
development and implementation of an automated information access network.
The establishment of such a network will result in a centralized database
of permit and license expiration dates that will greatly enhance the city's
ability to complete notification mailings and it will enable departments and/or
the Bureau of Administrative Adjudication to detect code and ordinance
violations.
Computerizing records and automating the processes by which the city
generates notices and bills will improve our revenue generating capacity and
return much needed revenues to the general fund.
I trust this response addresses your referral. If further information is
required please advise.
REFERRED TO THE ADMINISTRATION ADJUDICATION TASK FORCE.
No. 60
93-94 City Court Revenue
100-406-000-810- General Fund
REVENUE ACCOUNTS
Deposit Deposit Court Fines Probation Fines Estreated
Date Amount #61132 #61142
Bail #62012
07/9/93 $16,860.00 $13,180.00 $285.00 $3,395.00
08/6/93 11,550.50 11,015.00 487.00 48.50
09/7/93 8,216.72 5,900.00 303.00 2,013.72
10/6/93 19,210.50 18,880.00 185.00 145.50
11/9/93 20,387.75 17,995.00 937.75 1,455.00
12/7/93 14,196.00 12,170.00 280.00 1,746.00
01/6/94 8,734.00 6,770.00 509.00 1,455.00
2/10/94 6,288.50 5,430.00 325.00 533.50
03/4/94 12,495.00 11,585.00 910.00
04/8/94 5,465.00 4,280.00 700.00 485.00
05/9/94 4,948.00 4,010.00 550.00 388.00
Total $128,351.97 $111,215.00 $5,471.75 $11,665.22
REFERRED TO THE COMMITTEE ON FINANCE.
No. 61
Request for Change in In Rem Proceedings
Item #159, C.C.P. May 3, 1994
In response to the above referenced item, please be advised that
the Department of Administration & Finance fully supports this resolution to
change the In Rem procedure from two years to one year.
If further information is required, please advise me.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 62
Request for Change In The Way The
City Collects Property Taxes
Item #160, C.C.P. May 3, 1994
In response to the above referenced item, please be advised that
the Department of Administration & Finance fully supports this resolution to
accept installment payments for property taxes.
One recommendation however, would be more careful use of the word
"partial" vs "installment" in the resolution. The term partial payment may
imply to some people that can pay whatever they want toward their taxes whereas
the term installment payment implies a fixed payment schedule.
If further information is required, please advise me.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 63
P. Bailly City Non-Compliance
With ADA Guidelines
Item # 82, C.C.P. May 3, 1994
In response to a letter dated May 3, 1994, from Patrice Bailly
concerning the City of Buffalo's compliance or lack thereof regarding the
Americans With Disabilities Act and the Fair Labor Standard Act, please be
advised that the Mayor's Advocacy Office for Persons With Disabilities assures
me that every conceivable effort is being made to bring the City into full
compliance with the Americans With Disabilities Act.
Currently, the Mayor's Advocacy Office is awaiting the results of a
survey conducted by the firm of Hamilton Houston and Lownie analyzing 93 of our
city owned buildings and the surrounding properties. Once this report is
received the appropriate city departments will be notified so work can begin
and proceed to bring the city into further compliance. This report should be
in our hands by the end of May.
The Labor Department assures me that the City always follows the Fair
Labor Standards Act and the Equal Employment Opportunity Law regarding
recruiting, hiring and employment practices. If reasonable accommodations are
requested by an employee, all requests are evaluated and full compliance
regarding Title I of the Americans With Disabilities Act is implemented.
I wish to assure your honorable body that all possible efforts are being
made to bring the city into Full compliance with these laws. Please contact me
if you have any questions.
REFERRED TO THE COMMITTEE ON LEGISLATION.
FROM THE COMMISSIONER OF GENERAL SERVICES
No. 64
Auction of May 6, 1994 Obsolete Vehicles
The Commissioner of General Services requests permission to dispose
of the following ten (10) vehicles which were auctioned off at the Buffalo
Police Garage, 341 Seneca Street, Buffalo, NY 14210 on May 6, 1994.
VEHICLES
P-1691981 CHEVY PICK-UP CIO $650.00
P-8191988 PLYMOUTH GRAND FURY $505.00
P-8221988 PLYMOUTH GRAND FURY $1,025.00
P-9391989 DODGE DIPLOMAT $650.00
P-9401989 DODGE DIPLOMAT $1,025.00
P-9371989 DODGE DIPLOMAT $800.00
P-9181989 DODGE DIPLOMAT $625.00
P-8341988 DODGE DIPLOMAT $625.00
P-8321988 DODGE DIPLOMAT $725.00
X-151985 CHEVY EUROSPORT $525.00
Mr. Pitts moved:
That the communication from the Department of General Services, dated May
6, 1994, be received and filed; and
That the Commissioner of General Services be, and he hereby is,
authorized to dispose of ten (10) vehicles, as more fully described in the
above communication, as were auctioned at the Buffalo Police Garage on May 6,
1994.
PASSED.
AYES- 13 NOES- 0.
FROM THE BOARD OF EDUCATION
No. 65
Allow Use-Open Buildings For Additional Lighted Schoolhouse Programs.
Please be advised that the Department of School Plant Operations
has no problem with such use of the schools requested, except for Schools #46
and #53.
School #46 is used for adult education, has no athletic facilities and is
totally occupied at night.
School #53 is now using the areas in the building that the Lighted
Schoolhouse would probably want to use.
All other buildings requested are available.
REFERRED TO THE SPECIAL COMMITTEE ON EDUCATION.
FROM THE BUFFALO SEWER AUTHORITY
No. 66
Reply to Audit Report
Item # 20 ,C.C.P., April 5, 1994
The Buffalo Sewer Authority has reviewed its audit for the period
from July 1991 through and including June 1993. The following comments are in
response to the recommendations of the report.
* The BSA is in the process of consolidating and automating its human
resource activities. Time and attendance records are now automated and will be
centralized when three payroll offices are merged into one central location.
If the City establishes a Personnel Department, the BSA will carefully consider
the merging of activities.
* The BSA is developing a comprehensive notification mailing on the COBRA
rights of BSA employees and retirees. The 2% administrative overhead fee will
be charged on the next quarter billing. The BSA is in compliance with regard
to the minimum number of months the BSA is required to offer COBRA.
* In the recent contract negotiations with the CSEA Union, the supplemental
program for medical and dental payments has been eliminated. The BSA will no
longer pay for uncovered medical/dental costs in accordance with the recent
contract negotiations with CSEA.
* The billing for outside connections (suburban municipalities) can only be
changed when the contract with the district is renegotiated. The BSA has
opened negotiations with ECSD #1.
* The BSA utilizes RFP's for its professional services contracts.
* The BSA has spoken to the Comptroller's office regarding collection. The
current procedure of the BSA does not duplicate the efforts of the collection
office. The BSA is preparing to develop a formal act of guidelines to collect
late sewer rents. The Comptroller's office is expected to be included in the
process.
* To change the sewer rent portion of the property tax bills to a due date
of less than 90 days would require a change in state law. The BSA does not
anticipate changing the current payment schedule at this time.
* The BSA does have a long range capital program in place. it is very
specific and addresses the needs of the BSA at a funding level that is
reasonable. A copy is attached.
* Water/Sewer bills for flat rates are due at the end of the 3 month
billing period. The "within ten days of bill date" notice encourages customers
to pay in a more timely basis and enhances cash flow. Within 5 years the
entire City should be metered making this procedure academic.
* When the Department of Audit and Control completes its fixed assessment
system, the BSA intends to operate under its guidelines.
* In accordance with the requirements of BSA's bond resolution revised in
May 1993, a Rate Consultant was hired to ensure that the BSA is meeting their
minimum revenue requirement. As of this date, a report is being prepared by the
consultant.
* A cash budget was prepared for 1993-94 and it will also be prepared for
1994-95. During the current fiscal year, the BSA has established a program to
monitor expenditures and revenues on a timely basis. Financial Reports are
prepared by the Accounting Office on a quarterly basis. In 1994-95, the BSA
will prepare budget monitoring reports for the BSA Board. A six month and 9
month report will be prepared.
REFERRED TO THE COMMITTEE ON FINANCE.
FROM THE BUFFALO MUNICIPAL HOUSING AUTHORITY
No. 67
Approval Of Memorandum of Agreement Between BMHA and Local 815, Civil Service
Employees Association, Inc., Public Safety Unit
We respectfully request that Your Honorable Body Consider and
approve the attached Memorandum of Agreement between the Buffalo Municipal
Housing Authority and Local 815, Civil Service Employees Association,
representing our Public Safety Personnel.
The Memorandum of Agreement amends the existing contract between the
Parties and Provides a successor Agreement for the Period July 1, 1992 through
June 30, 1995. Acceptance of the Agreement was reached after a prolonged period
of negations between the parties.
The Agreement reflects a zero increase in salary effective July 1, 1992,
a 4% (four percent) increase in base annual salary effective July 1, 1993, a 5%
(five percent) increase in base annual salary effective July 1, 1994, and an
amended longevity Schedule which is identical to the Schedule approved for 380
BMHA employees and City Blue Collar and White Collar Unit employees.
Additionally, the parties agreed to upgrade the base annual salary of
Officers and Sergeants $1,500 effective July 1, 1993 and $2,000 effective July
1, 1994 and $750 effective July 1, 1994, and upgrade the base annual salary of
Lieutenants $750 effective July 1, 1993 and $750 effective July 1, 1994.
This agreement was reached to Compensate our Officers at a level that is
more appropriate with the demands of the position. After the increases are
received a BMHA officer at the first Step will be approximately $6,500 less
than a starting Buffalo Police Officer and a BMHA Officer at the top pay will
be approximately $13,200 less than a Buffalo Police Officer at the top pay.
Currently, BMHA Officers earn a salary comparable to an unskilled Laborer.
After the increases are received, the Officers will be comparable to BMHA
trades positions.
The Board of Commissioners of the Authority approved the attached
memorandum of Agreement at their regular Board meeting of April 26, 1994. A
Certified extract of the minutes of the meeting is attached.
In addition to the wage and longevity adjustments, the following outlined
the highlights of the Agreement.
Medical Insurance - Change Current Blue Cross/Blue Shield Coverage to Blue
Cross Select Care with BCMM7 (major medical), resulting in a substantial
savings to the Authority.
Injury on Duty - Implement Procedures to monitor and Control Worker's
compensation Claims and Provide full Pay to employees who are injured in the
course of his/her duties. (Two-thirds of employees pay is reimbursed from
State Insurance Fund). Safeguards have been agreed to, which will reduce the
possibility of abuse of injury on Duty claims.
Indemnification - The Authority will indemnify Officers who are named as
defendants in civil lawsuits or for Claims against them based upon false
arrest, detention or imprisonment or malicious prosecution while enforcing
duties defined in mission statement while on or off duty.
Start-Up Time - Employees will be required and will be compensated in wages for
reporting prior to and after their assigned shift.
Uniform Allowance - increase uniform allowance from $550 to $600 per year.
K-9 Allowance - Provide a $7 daily allowance to K-9 Officers for the care of
Canine dogs.
Automobile Allowance - increase from $6 to $9 per day.
Additional items were agreed to which will monitor and control
absenteeism and reduce overtime costs.
If the Memorandum of Agreement is approved by your Honorable Body and the
Mayor, it must then be submitted to the U.S. Department of Housing and Urban
Development and the NYS Division of Housing and Community Renewal for their
consideration and concurrence. The New York State Division of Housing and
Community Renewal requires that your approval of these items include a specific
acknowledgement that the operating costs of the Authority in its State
sponsored Public Housing Program may be increased and if this increase does
occur, it would likewise increase the operating deficit in the Authority's
State sponsored operation. The City of Buffalo under the loan and subsidy
contract must fund this deficit and any increase in it if it should occur.
It is anticipated that the dollar cost of this Agreement will total
approximately $479,000 for three years. The cost to the City for these
increases would be less than $41,000 for the three year period.
Thank you for your consideration in this matter.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
FROM THE CITY CLERK
No. 68
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
2 Templeton Terr Crawdaddy's Harboro Pl Rest., Inc.
REFERRED TO THE COMMISSIONER OF ASSESSMENT, THE COMMISSIONER OF PUBLIC WORKS,
AND THE COMMISSIONER OF INSPECTIONS AND COMMUNITY REVITALIZATION.
No. 69
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:
Public Works- Charles Berthiaume
Parks- David Ickowski
Inspections and Community Revitalization- Nancy DeMartino
RECEIVED AND FILED.
No. 70
Reports of Attendance
I transmit herewith communications received by me, from the various
boards, commissions, agencies and authorities reporting the membership
attendance at their respective meetings:
Board of Stadium and Auditorium
Buffalo Sewer Authority
Commission on Human Relations
Municipal Housing Authority
RECEIVED AND FILED.
No. 71
Notices of Appointments - Council Interns
I transmit herewith appointments to the position of Council Intern.
Mr. Fahey moved the approval of the appointments to the position of
Council Intern.
ADOPTED.
Appointment effective May 5, 1994 in the Department of City Clerk, to the
position of Intern II, Seasonal, at the Flat starting salary of $ 4.25 hr.
Dennis Chapman, Jr., 37 Heward, Buffalo, New York 14207
Elizabeth Hinterberger, 86 Philadelphia, Buffalo, N.Y. 14207
Joseph McMahon, 81 Briggs, Buffalo, New York 14207
James Paul, 44 Pavonia, Buffalo, New York 14207
Appointment effective May 5, 1994 in the Department of City Clerk Eric
Cunningham, 19 Doyle, Buffalo, New York 14207 to the position of Intern IV,
Seasonal, at the Flat starting salary of $6.00 hr.
No. 72
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.
BOARD OF STADIUM & AUDITORIUM
Appointment effective May 2, 1994 in the Department of Stadium
& Auditorium, Division of Pilot Field Stadium to the position of Laborer I,
Seasonal, at the Flat starting salary of $6.22 hr.
William Fletcher, 383 Skillen Street, Buffalo, 14207
Clinton M. Foster, 804 Humboldt Pkwy., Buffalo, 14211
Edwin Lorenzo, 726 West Street, Buffalo, 14213
Elesta Lane, Jr., 69 Fernhill Avenue, Buffalo, 14215
Shontai Whatley, 220 Wakefield Avenue, Buffalo, 14214
Appointment effective May 9, 1994 in the Department of Stadium &
Auditorium, Division of Pilot Field Stadium to the position of Laborer I,
Seasonal, at the Flat starting salary of $6.22 hr.
Christopher Brailsford, 356 Glenwood Ave., Buffalo, 14208
Zanny Harper, 318 Leroy Ave., Buffalo, 14214
Cleveland Kirkland, Jr., 148 Norwalk Ave., Buffalo, 14216
Mark Lorenzo, 27 Sherwood St., Buffalo, 14213
Perry Natarelli, 108 Vanderbilt St., Buffalo, 14206
Donald Palmer, 225 Military Rd., Buffalo, 14207
Walter Polak, 67 Koons St., Buffalo, 14212
Yvette Huff, 506 Cornwall St., Buffalo, 14215
Ronald Czworka, 126 Hartwell Rd., Buffalo, 14216
Michael Campisi, 88 Arkansas St., Buffalo, 14213
DEPARTMENT OF PUBLIC WORKS
Appointment effective May 4, 1994 in the Department of Public
Works, Division of Water, to the position of Clerk, Seasonal, at the Flat
starting salary of $ 5.20/Hr.
Cherrie L. Kennedy, 148 Bird Avenue, Buffalo, 14213
Veronica Smith, 28 Courtland Avenue, Buffalo, 14215
Appointment effective May 9, 1994 in the Department of Public Works,
Division of Water, Crystal Chappell, 210 Northland Avenue Buffalo, 14208, to
the position of Account Clerk, Temporary, at the Flat starting salary of
$5.46/Hour.
Appointment effective 5/9/94 Department of Public Works, Division of
Engineering, Helder Dias, 401 Parkside Ave., Buffalo, NY 14216 to the position
of Laborer I, Seasonal, at the Flat starting salary of $ 6.22 hr.
Appointment effective 5/2/94 Department of Public Works, Division of
Engineering, William E. McKnight, 1736 Hertel Avenue, Buffalo, NY 14216, to the
position of Bridge Operating Engineer, Seasonal, at the Flat starting salary of
$ 7.30 hr.
DEPARTMENT OF POLICE
Appointment effective May 2, 1994 in the Department of Police
to the position of Civilian School Crossing Guard (TSAR), Seasonal, at the
Minimum starting salary of $ 5.71 hr.
Patricia Liberatore, 1144 West Avenue, Buffalo 14213
Donna Cavalieri, 406 Baynes Avenue, Buffalo 14213
Denise Hussar, 161 Mackinaw, Buffalo 14204
Appointment effective May 3, 1994 in the Department of Police to the
position of Civilian School Crossing Guard (TSAR), Seasonal, at the Minimum
starting salary of $ 5.71 hr.
Paulette Chatmon, 77 Roosevelt Avenue, Buffalo 14215
Lynne Wanderlich, 38 Laux Street, Buffalo 14206
Frances Mancini, 367 W. Delavan Ave., Buffalo 14213
Appointment effective May 4, 1994 in the Department of Police to the
position of Civilian School Crossing Guard (TSAR), Seasonal, at the Minimum
starting salary of $ 5.71 hr.
Linda Herbert, 140 Durant Street, Buffalo 14220
Mary Schilling, 293 Benzinger Street, Buffalo 14206
Appointment effective May 5, 1994 in the Department of Police Flora
Palumbo, 470 Seventh Street, Buffalo 14201, to the position of Civilian School
Crossing Guard (TSAR), Seasonal, at the Minimum starting salary of $5.71 hr.
Appointment effective May 9, 1994 in the Department of Police Tina Guzzo,
31 Harding Road, Buffalo 14220, to the position of Civilian School Crossing
Guard (TSAR), Seasonal, at the Minimum starting salary of $ 5.71 hr.
Appointment effective May 9, 1994 in the Department of Police Jeanne
Marinaccio, 420 W. Delavan Street, Buffalo 14213, to the position of Civilian
School Crossing Guard, Permanent, at the Minimum starting salary of $ 5.71 hr.
DEPARTMENT OF PARKS
Appointment effective May 2,1994 in the Department of Parks, Division
of Recreation, Noreen Sabadasz, 79 Fenton Street, Buffalo 14206 to the position
of Fee Collector, Seasonal, at the Flat starting salary of $4.94 hr.
Appointment effective April 29,1994 in the Department of Parks, Division
of Recreation, Edward Cudmore, 184 Esser Avenue, Buffalo 14207 to the position
of Special Service Instructor I Temporary, at the Flat starting salary of $
6.50 hr.
Appointment effective May 4,1994 in the Department of Parks Kevin
Czuprynski, 36 Guernsey, Buffalo 14207, to the position of Laborer II,
Seasonal, at the Flat starting salary of $6.92 hr.
DEPARTMENT OF STREET SANITATION
Appointment effective May 2, 1994 in the Department of Street
Sanitation, to the position of Laborer II, Seasonal, at the Flat starting
salary of $6.92 hr.
Shawn Brown, 159 Kilhoffer, Buffalo, New York 14211
Charles L. Loubert, 906 Prospect Avenue, Buffalo, N.Y. 14213
Jermaine H. Joyner, 63 Harvard Place, Buffalo, N.Y. 14209
DEPARTMENT OF HUMAN RESOURCES
Appointment effective May 4, 1994 in the Department of Human Resources,
Division of Youth, Peter J. Botticelli, 316 Normal Buffalo 14213, to the
position of Attendant, Temporary, at the Flat starting salary of $4.42 hr.
Appointment effective May 9, 1994 in the Department of Human Resources,
Division of Youth, Juan C. Valentin, 181 Fargo, Buffalo 14201, to the position
of Attendant, Temporary, at the Flat starting salary of $4.42 hr.
NON-OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES
NON-OFFICIAL COMMUNICATIONS
No. 73
J. BREM
Oppose Purchase of 60/40 Sanitation Trucks
I am a non paid citizen environmentalist with both the Buffalo
Greens and Buffalo Environmental Task Force, where my interest lies with solid
waste and recycling.
It is my belief that the 60/40 sanitation truck under consideration by
the Common Council is NOT right for Buffalo. 1 am aware that Mr. Vincent
LoVallo was formally the Chief of Council Staff, and has an established
reputation with this Honorable Body, whereas I do not. I also understand that,
Mr. LoVallo is responsible for running and locating a better animal shelter,
snow plows and removal, weekly garbage pick up, monthly bulk pick up, a large
number of employees, developing a budget to run the department, dealing with
unions, and The Mayor, in addition to the recycling. Additionally, I
understand Mr. LoVallo has put a great deal of time looking into the
reliability of various manufacturers of 60/40 trucks, working with the union,
as well as finding a financing vehicle to obtain these trucks. I also believe,
that Mr. LoVallo believes, that this is the best vehicle for Buffalo.
The usage of trucks that accept both garbage and recyclables would be 5%
major mistake for the City, due to the fact that the recovered materials would
have little or no redeeming value in the current market because of
contamination. For the maximum marketability and the least amount of waste,
glass should be separated into threes sections, by color at curbside. Paper
commingled with silvers of glass, drastically reduces the value of paper.
Metal and plastic containers that are compacted are also less marketable, due
to the fact that it is harder to further sort these products by metal type and
plastic code number.
A fleet of 18 lift bucket recycling trucks arrived In Buffalo around
September 1990, these trucks have been plagued with mechanical problems with
the lift bucks. Prior to leasing or purchasing any further fleets of packers
(garbage trucks) or recycling trucks, the City should request at least a
minimum one year trial period from the manufacturer(s) of the truck(s) being
considered for purchase. The trial period 'would provide the City with enough
time to evaluate the apparatus for logistics and mechanical problems,
throughout different weather patterns. In fact, the lease or sales should be
contingent on a trial period. This would reduce the chances of an unforeseen
problem arising such as the City is currently encumbered with now.
Glass needs to be separated by color for the highest profitability,
Ideally at the curbside, but can be separated at the integrated Waste System's
material recovery facility (MRF) as well. Glass will not only be Intermixed by
color, but will break as the sanitation workers dumping it into the receiving
hopper of the truck, again as the glass is hydraulically compacted into the
holding section of the truck, and- again, as the contents are hydraulically
compacted out of the packer as it unloads. It is clearly more difficult and
costly to sort smaller pieces of glass than large or unbroken glass. There are
two ways to separate glass , at Integrated Waste Systems material recovery
facility (MRF), or at curbside. The cheaper way is have people with gloves
sorting glass by color as it comes down a conveyer belt, however, some waste
would still exist. At some point it becomes too impractical to sort small
pieces of glass, thus some waste still exists. The curbside method of sorting
glass is more expensive, but wind up with little or no waste. My understanding
is BFI uses this method quite successfully. Small pieces of un-sortable glass
would have little or no resale value. Glass is 100 % recyclable into new
products, unlike other materials such as plastic. This vehicle would prohibit
recycling products back into their primary product.
Metal needs to remain in Its original form to properly and effectively
remove paper labels, and painted labels. Hydraulically crushing metal would
make this process more difficult, and may contaminate and diminish the finished
product. Hydraulically crushing metal may also make it difficult to separate
bi-metal materials.
By hydraulically compressing plastic could break or separate the plastic
resin code numbers for the rest of the container, thus making It very difficult
if not impossible to properly sort plastic. Certain types of plastic, when
compacted, shatter into small pieces such as glass, thus creating problems
similar to that of glass.
Paper products would dramatically decrease in value or be rejected,
whether the alternate week pick up was eliminated or not, because of glass
contamination. If the alternate week scheme continued, both the receiving
hopper and holding area would have to be thoroughly washed to avoid
contaminating paper products from the week before. Also, tightly compacting
mixed paper products, will make these products harder to sort by paper color,
grade, or type.
On the positive side, this truck would certainly eliminate complaints of
garbage being picked up but not recyclables, and in that respect will make it
easier and save money.
However, instead of picking up commingled recyclables (glass, metal,
paper, and plastic) on the 40 side, the City should consider using this side
for lawn clippings and/or leaves. Compacting these materials would not diminish
their value. However, one would have to look at the ratio of garbage to grass
clippings and/or leaves. The ratio may deem a 50/50 or a 80/20 split instead
of a 60/40 split. The other factor ,that needs to be addressed, as residues
from fertilizers, fungicides, herbicides, insecticides, and pesticides in and
on lawn clippings and leaves. These chemicals dramatically lower these
compostables resale value.
The 60/40 sanitation truck could still be viable if a trailer could be
hitched to it. This trailer would hold the glass, metal, paper products, and
plastic in a non crushed form. Please refer to pages 23 - 30, 38, of the
Intensive Recycling Feasibility Study for the City of Buffalo, conducted by
Queens College and Citizens Action of New York on this matter.
RECYCLING TRAILER MANUFACTURERS
Ace Truck Body Co., Inc. 7810 Colfax Road, Cleveland, OH 44104; 216-883-2525,
800-578-8471
Brothers Industries, Inc. Highway 59 S., P.O. Box 409, Morris, MN 56267;
612-589-1971, 800-833-6045
Highway Mfg., 1670 S. 2nd Street, Hopkins, MN 55343; 612-938-2889
S & S Welding, 1220 Industrial Parkway, Dewey, OR 74029; 918-534-0046
Without the adaptations of a trailer, this vehicle may limit Buffalo from
future more lucrative contracts due to improper collecting and contamination of
the recyclable materials. Again, without the above adaptations, this truck may
also put the City in violation of NYSDEC laws, because It violates the spirit
of proper collection technique.
The fact that the City is obtaining such a large quantity of these trucks
for such a long lease period, 7 years, concerns me as well. What if these
trucks break down after the one year warranty expires, as the current fleet of
recycling trucks have done?
I would welcome the Common Council seeking expert advice as to whether my
concerns have validity or not. I recommend that you request comments, verbal
testimony, and/or written statements from:
Common Council staff familiar with recycling matters
James A. Smith, Executive Director of E.M.C.
David Hahn Baker, Buffalo Environmental Task Force
Erie County Environment and Planning
N.Y.S.D.E.C.
U.S.E.P.A.
Each of the manufacturing facilities or material re-processors that
Buffalo have contracts with.
REFERRED TO THE COMMITTEE ON FINANCE AND THE COMMISSIONER OF STREET SANITATION.
No. 74
BROADWAY MARKET MGMT. CORP.
Request Change In By-Laws
The Board of Directors of the Broadway Market Management Corp.
would like the Common Council to approve an amendment to our By-laws. At our
Board of Directors meeting on May 3rd, the amendment was approved by the
required (75 %) of our membership.
The amendment pertains to Article II, Section 2, Subsection A; Appointed
Directors. Currently, sentence (4) states,
"No appointed Director may be an Elected Official of the City of Buffalo
or the County of Erie." We have voted to change that sentence to read, "No
appointed Director may be an Elected Official of the City of Buffalo."
Because we receive no subsidy from The County of Erie, we feel that this
provision is unnecessary. Thank you for your consideration of this matter.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 75
WM. EASTERLING
Water Bill Complaints
I am writing in regards to this water bill (copy enclosed). On
May 3, 1994, I called the City of Buffalo Division of Water, to question my
bills, I asked the women how they come up with $35.60 for a pool, and she said,
" any pool over 12 foot round is charged $35.60." I have a 15 foot pool, so I
asked how much does someone with an 13 foot pool pay and she said "the same". I
also asked her why they charged me for 6 Months of use when my pool is not open
now, and probably wont be open until the middle of May, and I close it on Labor
Day, which is only about 3 Months.
I also said that I only drain my pool down about 2-3 inches for
winterizing which is what is recommended by the pool manufacturer, (copy Also
enclosed). The total gallons for an empty pool is 5300 gallons, (15 foot
round), So for 4 inches, it would be about 450 gallons of water put into my
pool, ONE TIME A YEAR. I can not see how 450 gallons could possibly be worth
$71.20.
The women I talked to suggested that I go on a meter, but when I asked
her how that worked she said" there is a minimum charge of $55.00, even if I
use less than $55. I will still be charged $55.00", Now that sounds like a
real good deal to pay more every billing period so I can be on a meter.
As I am going over this bill I have other questions such as;
1. My house on my deed said 1 1/2 stories high not 2, But more important,
what does the height of my house have to do with the amount of water I use?
Also, What does this 22 Feet Front have to do with my water, as the way I
understand it I am responsible for the pipes from the sidewalk into my house.
2. You also charged me for 1 Auto, Hose connection, Sprinkler, AND AGAIN
FOR LOT FRONTAGE, ACCEPT THIS TIME FOR 34 FEET. I would like to break this down
into these questions;
(A) What is a Hose Connection for if not to water your lawn-and wash your
car?
(B) The women told me I was being charged for a Sprinkler which I do not
have. I have called about this 2 YEARS ago about this and they said that it
would be taken off my bill and you insist on putting it back on, why?
(C.) AUTO-1, I feel that unless you can tell me what an HOSE CONNECTION
is for other than washing my car and watering my grass I feel that you are
charging me TWICE, for my car AND THIS SPRINKLER.
(D.) And again what does lot frontage have to do with water use? And why
charge twice for the same thing?
I would like your response to this in a reasonable amount of time (10
days), so this matter can be cleared up.
REFERRED TO THE COMMITTEE ON FINANCE, THE COMMISSIONER OF PUBLIC WORKS AND THE
CORPORATION COUNSEL.
No. 76
A. GARDNER
Status Report - Crossroads Arena
This is a status report on the Crossroads Arena project. While
this letter is not all-inclusive as to such matters, we want to confirm our
recent comments as to some current concerns regarding the progress of the
project.
Signing of the Memorandum of Understanding ("MOU") was completed on March
28. Since then, the City and the Buffalo Urban Renewal Agency have expended
more than $1,500,000 of City bond funds for land acquisition and reimbursement
of CAC-incurred pre-construction development expenses Additional expenditures
are being and will be incurred on an accelerating basis.
The Sabres have proposed a very ambitious closing date of June 30, 1994.
This would be difficult to achieve on any basis but we have to date received
none of the three financing commitment letters required by the MOU and by the
Interim Development Agreement ("IDA"). Those commitment letters are all past
due under the schedules in the MOU and the IDA. Similarly, we have not yet
received the long promised drafts of the Development and Operating Agreements,
which required attention before this time. The following sets forth the status
of critical project issues:
1. Bank Commitment, Concessionaire Agreement and Sabres Contribution Loan
Commitment Letters - The Interim Development Agreement required all three
letters to be provided by May 5, 1994. As noted, we have not yet received
them. If there should be substantive problems with the private sector
financing arrangements, those have not been shared with the City.
2. CAC - Sabres Lease - On April 29 we provided CAC and the Sabres with
comments on their draft Arena lease. We have not yet received a response to
those comments. The Task Force has suggested that we might prepare and submit a
new draft lease incorporating the position of the City.
3. Intercreditor Agreement - As requested by CAC, on April 15 we provided
CAC with our views as to important intercreditor issues which must be addressed
by the various public and private lenders to the project. We have not yet
received a response to those comments.
4. Design Review - We understand that several meetings of the Design Review
Committee have been held. We understand that there is a concern among some
public sector representatives that only few of the public sector proposed
changes may be accommodated by CAC and the Sabres. The Design Review has not
yet focused on issues beyond the arena proper, such as the parking ramp,
surface parking in the "Cobblestone District" or the location and design of the
proposed LRRT station.
5. Inner Harbor - There appear to be some significant issues pertaining to
the proposed Inner Harbor project of the Horizons Waterfront Commission and the
relationship thereof to the Crossroads Arena project. Those issues could
affect both the design of the Arena and also the private financing
arrangements. We have discussed those issues with counsel for UDC who is also
counsel toe Horizons and can elaborate if you wish. Inner Harbor issues
generally are not within the scope of our engagement by the City, but to the
extent that they could impact directly on the Crossroads Arena project we
necessarily have an interest in such matters and we therefore call them to your
attention.
6. Project Budget - Apparently, CAC is still working on a final project
budget. Both UDC and the City have requested monthly budget updates, as
required by the
MOU, and also a detailed line-item budget which is needed but which CAC advises
is not currently available.
7. Project Completion - We continue to assume a January 1996 completion date
and opening. That date may be in doubt if progress is not accelerated.
Important issues such as guarantees of completion, construction cost overrun
guarantees, draw schedules and bonding have yet to be discussed. We have not
been advised as to the status of the general construction contract or the
proposed terms thereof.
8. CAC-Sabres Business Relationships - The draft CAC-Sabres lease would
establish certain exclusive business relationships between CAC and its
affiliate, the Sabres. These would include sales and marketing of the naming
rights, arena advertising, and luxury suites and premium seats and box office
operations. We have requested but have not yet received additional information
on the specific business terms of these proposed relationships. Such matters
could affect CAC's future financial stability.
9. Affirmative Action Plans - We have received from CAC a partial first
draft of a proposed affirmative action/ equal employment opportunity plan for
the demolition and construction phases only. We believe that draft, to which
the Corporation Counsel intends to reply, is not yet satisfactory to the City.
The Crossroads Arena is obviously a significant civic project. It
involves complex business arrangements. As such, it is not unexpected that
there will be delays in document production and information flow from time to
time. However, the passage of time since the completion of the MOU without
information from CAC or the Sabres as to the critical financing commitments,
and otherwise, raises increasing concerns. Interested parties should be kept
informed of the status of such matters, the causes for any delays and when the
public sector may reasonably expect to receive such information and documents.
We hope to have a better understanding in this regard when we report to you
next, shortly, but we must alert you now to our growing concern about such
matters.
We would welcome the opportunity to discuss with you any or all of these
matters, and other issues not stated herein. REFERRED TO THE AUDITORIUM AND
STADIUM TASK FORCE, THE CORPORATION COUNSEL AND THE BUFFALO SABRES.
No. 77
BARBARA JEZIORO
Complaint On Manner Of Assessor Appointments
I have been advised by Councilman At Large Fahey to present my
situation to you.
From September, 1990, to March, 1993, I worked as a temporary assessor
trainee in the city assessment division. I was hired expressly for the purpose
of working on the citywide assessment update. Even though I had attained a
perfect score on the civil service exam and was first on the list, three people
were hired before me on a permanent basis. For these permanent Jobs, I was
never even interviewed.
When the update ended, so did my Job. I was told that the budget did not
allow for any more positions. However, Mr. Tanzella, the commissioner, assured
me in a letter of recommendation that "If the opportunity would arise in this
department whereby I could hire Mrs. Jezioro on a permanent basis, I would
certainly do so."
Due to the budget deficit, threatened layoffs, and end of the update
project, I never expected to be rehired. The assessor trainee civil service
list expired in Oct. of 1993. It was a great surprise, therefore, to find out
that a new assessor trainee was hired by the city on April 18th of this year.
The person hired is Eric Herndon. Although he has not taken the Civil Service
exam, fortunately for him, his father sits on the Board of Assessment Review.
In conclusion, I believe that I've been treated most unfairly. If the Job
existed when the list was still valid, it should have been filled from said
list. In any event, I was led to believe that I would have a fair chance at
any future openings. Once again, I wasn't even called for an interview.
For your convenience, I am enclosing a copy of the letter from Mr.
Tanzella. I know that I can count on the Common Council to see the unfairness
of this situation. I hope I will be able to count on your help.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE, THE COMMISSIONER OF ASSESSMENT AND
THE CORPORATION COUNSEL.
No. 78
C. LITTLEJOHN
Alternative Youth Programs
Our organization, which represents individuals from the Eastside
and Westside of Buffalo, have a desire to meet with the Committee made up of
the Common Council and present solutions we have already implemented on youth
activity.
We wish to broaden the perspectives and recipients of our program and
look to the Council's help to do this. It is imperative that our organization
be on the agenda for the Committee Meeting on the 24th of May. We are
interested in presenting a half-hour dialogue consisting of several ethnic
groups now working together for a common goal.
I will contact this office by May 20th, to verify the time and date of
our presentation to the Committee.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 79
GREG OLMA
Reduce Water Rates For Non-Resident Users
NOW, THEREFORE, BE IT
RESOLVED, that the Erie County Legislature does hereby respectfully
request that the Buffalo Common Council and the City of Buffalo Division of
Water review the policy regarding water rates in the City of Buffalo,
particularly as pertaining to the one hundred fifty (150) non-resident rate
payers currently assessed at twice the standard rate, and be it further
RESOLVED, that this Honorable Body does hereby request that the Erie
County Water Authority research the feasibility of providing water service to
this class of non-resident rate payers through the County's water system, and
be it further
RESOLVED, that written responses to the aforementioned be filed with the
Clerk of the Legislature, and referred to the Committee on Energy and
Environment, within thirty (30) days of passage of this resolution, and be it
further
RESOLVED, that certified copies of this resolution be sent to the
Commissioners of the Erie County Water Authority, to the Buffalo Common
Council, to the City of Buffalo Division of Water, and to the Cheektowaga Town
Board for their review and comment
REFERRED TO THE CITY OF BUFFALO WATER BOARD AND THE COMMISSIONER OF PUBLIC
WORKS.
No. 80
MARGARET OVERDORF
Concerns On Income Levels For Subsidized Housing
At the BURA meeting of April 28, 1994, there was much discussion
on the new Gal-Van development located on the West Side. As a community
leader, I feel impelled to express my concerns about offering new housing
opportunities to families with incomes as low as $13,000.
I live in "The Old First Ward" and work in the "Valley"--both sites of
new subsidized housing. Many of these new homeowners are struggling to keep up
with the mortgage payments. Their incomes are much higher than $13,000.
To suggest that families earning $13,000 can manage mortgage payments,
utilities, food and other normal living expenses is ludicrous. Furthermore,
ten years from now we will be no further ahead when these homes will need
repairs and people will be unable to afford repairs. I think we should be
realistic in our planning. This new initiative to reduce income criteria to
these levels would only be setting us up to plan for the housing blight of the
future.
I do feel new housing is as important as housing rehabilitation, if not
more important. Personally, a few years back, I had to think long and hard
before I decided to stay in the neighborhood and invest many dollars in
remodeling my own home. Once I saw young people buying these new homes and
making a commitment to stay, I felt very comfortable to remain and renovate.
On the other hand, many times the rehabilitation grants really do not
improve the neighborhood as they should. Contractors perform shoddy
workmanship and many times the $10,000 investment does not nearly cover all
that is needed to improve the house.
I thank you for this opportunity to air my concerns.
REFERRED TO THE COMMISSIONER OF INSPECTIONS AND COMMUNITY REVITALIZATION.
No. 81
JUDITH PANETSKI
Repair Street/Curbs - 49 Cottage
When I bought the property at 49 Cottage in 1988, I also inherited
enormous pot holes and sunken curbs directly in front of this property.
I have since that time, periodically, tried to have this deterioration
repaired. Inspectors, City Engineers, Supervisors- have all appeared at my
home, each in turn hoping to do something.
As of today, six years later, the problem still exists. There seems to be
no one who has the authority to solve this situation.
I know the city has enormous problems. I am a tax paying homeowner whose
taxes have been doubled. I would like to think somehow it is my turn to see
results as a lot of the streets around me (Hudson, Maryland, Niagara, Prospect,
etc) have been repaved last year.
I only ask you to again look into this very frustrating situation and
maybe push a few buttons.
REFERRED TO THE COMMITTEE ON FINANCE AND THE COMMISSIONER OF PUBLIC WORKS.
No. 82
MICHAEL & LINDA RAND
Continuing Problems Use Of 221 Linwood
I would like to relay to you our sincere concern regarding the
Praise the Prayer entity occupying 221 Linwood Ave.
An overwhelming number of immediate neighbors have expressed their
feelings as to how this occupancy violates the integrity of our residential
neighborhood. The Linwood Avenue homeowners represent the essence of the
Inner-City Renaissance which is critical to the City of Buffalo. By allowing
the fringes of this historic section to be infiltrated by this sort of
organization will directly affect our property values and consequently the
city's tax revenue. It is a non-stop effort on our behalf to constantly be
monitoring our neighborhoods to fight this sort of violation in this R-4
district.
Many people are up in arms due to the inconsistency demonstrated by the
City. As individual homeowners, we must comply with all the City and
Preservation requirements whereas the Praise the Prayer entity has disregarded
the due process from day one and still occupies 221 Linwood Ave. without a
Certificate of Occupancy.
We have petitioned in front of the Planning Board and received a
unanimous decision to decline their petition. As you are aware the Common
Council, likewise, refused their request, but they still inhabit this location
under the premise that they are a church and supersede all City regulations.
The statement made by their attorney that they are a church is nothing
less than a farce. The recreation center at 221 Linwood Ave. would be the only
space within the building which may logically be considered as the area of
worship. The vast majority of the building by square footage must, therefore,
be called a homeless center and we are back to our original complaint of
over-saturation.
We hope that you as City representative will take quick action to
eliminate this misuse.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD AND THE
CORPORATION COUNSEL.
No. 83
TCI OF NEW YORK, INC.
Addition of "FX" Channel
Enclosed please find, for your records, a copy of our recent
correspondence
sent to the Mayor of the City of Buffalo as well as to each individual
Councilmember. Effective June 1, 1994, TCI of New York will add "FX", a brand
new cable network created by Fox, Inc., to its Expanded Basic Cable tier on
Channel 54.
On July 1, "FX" will move to channel 27 when "The Box" moves to Channel
54. The accompanying letter explains the reasoning behind these two changes.
All subscribers will be informed thirty (30) days prior to the July 1st
channel change.
As always, if you have any questions or would like further information,
please do not hesitate to contact me at (716) 862-4640.
REFERRED TO THE SPECIAL COMMITTEE ON CATV.
No. 84
US DEPT. OF HEALTH & HUMAN SERVICES
Kingsley Park Remediation
Thank you for the copy of Resolution Number 197 concerning the
Kingsley Park Site, adopted on March 22, 1994, by the Common Council of the
City of Buffalo. The resolution includes several requests for public health
actions to be conducted by the Agency for Toxic Substances and Disease Registry
(ATSDR).
ATSDR was petitioned to assess the public health implications of the
Kingsley Park Site in Erie County, Buffalo, New York. Enclosed is the final
Public Health Assessment Report. The report outlines specific actions planned
based on the data and information evaluated to date.
In addition, please find below the Agency's responses to the specific
requests in the resolution:
Request for a comprehensive health study.
The data and information developed in the Kingsley Park/Diarsenol Company
Public Health Assessment have been evaluated by the ATSDR Health Activities
Recommendation Panel (HARP) for appropriate public health actions. HARP is a
multi-disciplinary Agency-wide panel consisting of physicians, epidemiologists,
toxicologists and environmental health scientists that determines the need for
such public health actions as health studies and environmental health
education. While an epidemiologic study may be appropriate for some sites,
other health actions may be more appropriate for mitigating the health risks
posed by other sites. HARP determined that a health statistics review is
needed to address the health risks posed by the Kingsley Park/Diarsenol Company
Site. This health statistics review will be conducted by ATSDR when the cancer
survey currently being undertaken in the Kingsley Park area by the New York
State Department of Health (NYSDOH) is completed in the next few weeks.
The health statistics review is the appropriate first step in further
evaluating the impact of site on the nearby community. Based on the results of
this review, ATSDR in cooperation with NYSDOH will determine what further
actions are needed.
Request for environmental education aimed at local physicians and nurses.
As indicated in the public health assessment report, ATSDR will undertake
an environmental health education program to advise the public health
professional and the local medical community of the nature and possible
consequences of exposure to contaminants at the Kingsley Park Site. Health
professionals informed about health effects that might be expected from the
identified levels of exposure can better assist their patients to prevent
further exposures and treat any effects that may already have occurred. The
focus of health professions education is to train the care providers to
recognize, treat, advise and counsel their patients about exposures and
potential exposures. Within a month, ATSDR staff will contact their
counterparts in NYSDOH and the Erie County Department of Health (ECDOH) to
initiate the planning of such a program.
Request to develop a registry to record health impacts from the Kingsley Park
Site.
Registries developed by ATSDR are designed to follow up a large number of
people who have known exposure levels of toxic substance for which information
about human health effects are lacking such as trichloroethylene. However, for
the heavy metals (such as lead and arsenic), a considerable amount of
information about human health effects is available. A registry action would
therefore not be indicated. People might be exposed to levels that could cause
harmful effects during the long period it takes to gain information from a
registry. Instead it is more appropriate to test for those toxic substances and
intervene if their levels are elevated (indicators of exposure testing). Harm
can be prevented by ending those exposures as quickly as possible. This is the
approach being taken by NYSDOH and ECDOH in the community living near the
Kingsley Park Site. ATSDR endorses this course of action.
Request to conduct a door-to-door survey.
Obtaining information about the community's health concerns is an
integral part of ATSDR's evaluation of the public health impact of a site. In
the course of the development of the enclosed public health assessment report,
ATSDR staff met with community members on several occasions. Although that is
not a door-to-door survey, this effort does provide useful information about
existing health concerns from the community.
The proposed purposes of the survey such as providing community health
education have been addressed and activities in all those areas mentioned in
the resolution are either outgoing or complete. The majority of those actions
were carried out by the NYSDOH and ECDOH.
Request for an implementation plan to conduct health professions education.
As mentioned above, that plan will be initiated within one month.
Request for a community health outreach program.
NYSDOH reports that additional funding has been awarded for enhancing the
efforts of local health departments with populations at risk for lead exposure.
As a result of such funding, the ECDOH has been awarded an additional $200,000
for childhood lead poisoning prevention activities, such as outreach and
follow-up, environmental education, and public health education. ATSDR will
provide additional technical assistance such as education materials if needed.
Request for long-term testing for residents for medical problems which might be
associated with the site such as free medical examinations.
ATSDR has initiated a medical surveillance program aimed at providing
biological monitoring and medical referral in communities exposed to hazardous
substances at levels of public health concerns. Blood lead and urinary arsenic
testing conducted in the community by the ECDOH did not indicate elevated
urinary arsenic levels in the community. Blood lead testing continued to be
available under the Erie County Childhood Lead Poisoning Prevention Program for
children 6 years of age and under. Therefore, at present, a medical
surveillance program is not indicated.
ATSDR was not given the resources under the Superfund Law to provide
medical care for persons exposed to hazardous substances.
Request for clarification about the geographical focus of the cancer cluster
study and availability of the results of the study.
A cancer incidence survey is currently being undertaken by the NYSDOH.
The study is based on census tracts, not zip codes. The census tracts more
closely correspond to the area of concern. As mentioned earlier, the survey is
expected to be completed within the next few weeks. The Agency will conduct a
more in-depth health statistics review based on the results of that survey once
those become available.
Request for funds to support education and abatement efforts being undertaken
by the City of Buffalo.
ATSDR has a site-specific environmental health education program in place
aimed at building capacity in state health departments to provide such
education to communities affected by hazardous wastes in cooperation with our
Agency. Approximately, 20 states currently participate in the program. NYSDOH
is encouraged to apply. ATSDR does not have any resources available to support
lead abatement programs.
I have assigned Dr. Maureen Lichtveld, Chief Biomedical Officer for
Public Health Practice, in my office, to serve as the Agency's coordination for
the Kingsley Park Site. Should you need additional information or have
questions, please do not hesitate to contact Dr. Lichtveld at (404) 639-0566.
ATSDR is committed to continue to cooperate with you, NYSDOH and ECDOH in
addressing the health concerns of the community living near the Kingsley Park
Site.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 85
WENDELL WHITAKER
Offer To Purchase 724 Northampton
This letter is regarding our conversation on May 2, 1994. I reside
at 722 Northampton Street and I am interested in purchasing the vacant lot at
724 Northampton street through the Homestead Program. I have kept this lot free
of trash and rubbish since last year . I wish to expand my driveway and build a
two car garage.
I inquired about this lot in 1992 when I purchased my home but was told I
couldn't buy the property. I have seen survey markers on lot; now I would like
to purchase the property. Please contact me at your earliest convenience.
REFERRED TO THE COMMITTEE ON FINANCE, THE COMPTROLLER AND COMMISSIONER OF
INSPECTIONS AND COMMUNITY REVITALIZATION.
PETITIONS
No. 86
Transfiguration Roman Catholic Church, owner, petition to use 923 Sycamore for
a Halfway House. (for 24 people).
REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD,
AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT.
No. 87
Walgreen petition to use 1544-1566 Hertel for a pole sign.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD,
AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT.
No. 88
W. Bauza and N. Livingston comments and complaints on budget and taxes.
REFERRED TO THE COMMITTEE OF THE WHOLE.
Reports of Regular Committees
Civil Service
Rosemarie LoTempio
Chairman
No. 89
Information Appointment
Supervisor Recreational Activities (Pk)
(Item # 43 CCP May 3, 1994)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 90
Appointment
Superintendent of Apparatus (Fire) Corrected
That Communication No. 166 May 3, 1994 be received and filed and
the Provisional appointment of James Durham stated above at the maximum salary
$36,931.00 effective on July 2, 1992 is hereby approved.
PASSED.
AYES- 13 NOES- 0.
No. 91
Appointment Superintendent Traffic Signal System (Max)
(Item # 40 CCP December 14, 1993)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 92
Appointment
Supervisor of Recreational Activities
That Communication No. 43 April 19, 1994 be received and filed
and the Temporary appointment of Jacqueline Gonser stated above at the maximum
salary $29,269.00 effective on March 28, 1994 is hereby approved.
PASSED.
AYES- 13 NOES- 0.
No. 93
Information Appointment Director of Planning (CC)
(Item # 49 CCP May 3, 1994)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 94
Appointment
Administration & Finance/Teller
That Communication No. 67 May 3, 1994 be received and filed and
the Temporary appointment of Joyce Giangrosso stated above at the maximum
salary $23,938.00 effective on April 27, 1994 is hereby approved.
PASSED.
AYES- 13 NOES- 0.
No. 95
Notices of Appointments- Temp/Prov. /Perm.
(Item # 86 CCP April 19, 1994)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 96
Notices of Appointments-Temp/Prov. /Perm.
(Item # 79 CCP May 3, 1994)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
Finance Committee
David Collins
Chairman
No. 97
Sell the Naming Rights of the Lafayette Ice Rink
(Item No. 122, C.C.P., Feb. 8, 1994)
That this Common Council requests the Commissioner of Parks to
explore the possibility of selling the naming rights and advertising space on
the boards of Lafayette Ice Rink to help cover the operation and maintenance
expenses.
PASSED.
AYES- ARTHUR, BELL, COLLINS, COPPOLA, CZAJKA, FAHEY, HELFER, LOCKWOOD,
LOTEMPIO, PERLA, PITTS, ZUCHLEWSKI- 12.
NOES- FRANCZYK- 1.
No. 98
Conrail Property Tax Assessment Court Order (Assmt)
(Item # 25 CCP May 3, 1994)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 99
City Mission - Delay Demolition of 472 Sycamore
(Item # 83 CCP April 5, 1994)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 100
Delay Demolition 472 Sycamore (Compt)
(Item # 22 CCP May 3, 1994)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 101
Delay Demolition 472 Sycamore (CC)
(Item # 48 CCP May 3, 1994)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 102
Delay Demolition 472 Sycamore (ICR)
(Item # 63 CCP May 3, 1994)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 103
Report of Bids - Watermain
Amherst Street and Linden Avenue
(Item No. 31, C.C.P., May 3, 1994)
That the Commissioner of Public Works be, and he hereby is, authorized
to award a contract for Watermain Replacement in Amherst Street and Linden
Avenue to Nichter Associates, 344 Vulcan Street, Buffalo, New York, the lowest
responsible bidder in the amount of $768,405.00, with said cost to be charged
against the Division of Water's 416-982-030 Account.
PASSED.
AYES- 13 NOES- 0.
No. 104
Report Of Bids - Watermain
Bush, Germain, Howell & Peter Streets
(Item No. 32, C.C.P., May 3, 1994)
That the Commissioner of Public Works be, and he hereby is, authorized
to award a contract for Watermain Replacement in Bush, Germain, Howell and
Peter Streets, to Nichter Associates, 344 Vulcan Street, Buffalo, New York, the
lowest responsible bidder in the amount of $518,085.00, with said cost to be
charged against the Division of Water's 416-982-005 Account.
PASSED.
AYES- 13 NOES- 0.
No. 105
Report of Bids
Windows at Colonel Ward Station Complex
(Item No. 33, C.C.P., May 3, 1994)
That the Commissioner of Public Works be, and he hereby is, authorized
to award a contract for new windows at Col. Ward Station Complex Phase II to
Nichter Associates, 344 Vulcan Street, Buffalo, New York, the lowest
responsible bidder in the amount of $89,475.00, with said cost to be charged
against the Division of Water's 416-980-043 Account.
PASSED.
AYES- 13 NOES- 0.
No. 106
Change Contract - Status Monitoring
Control System Modifications
(Item No. 34, C.C.P., May 3, 1994)
That the Commissioner of Public Works be, and he hereby is, authorized
to issue a change order #3 to Ferguson Electric Construction Company, Inc.,
changes resulting in a net increase in the amount of $4,350.00, as more fully
described in the above communication, for work relating to Status Monitoring
and Control System Modifications to Manhattan Tank, Contract 91699100. Funds to
be charged to Division of Water's 416-Capital Project Fund, 980-029 account.
PASSED.
AYES- 13 NOES- 0.
No. 107
Amendment to Consultant Contract
Erie Basin Marina Phase IV
(Item No. 41, C.C.P., May 3, 1994)
That the above item be, and the same hereby is, returned to the
Common Council without recommendation.
Mr. Collins now moved:
That the Commissioner of Public Works be, and he hereby is authorized to
amend the present contract with T.V.U.A. Engineers to perform a study to
evaluate the extent of work which may or may not be needed at the Erie Basin
Marina Project. Funds for this project will be available from Bond Funds
200-401-088 and 200-401-532.
PASSED.
AYES- 13 NOES- 0.
No. 108
Hearing on Club Etcetera Shooting
(Item # 164 CCP February 8, 1994)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 109
License History - Club Etcetera (PW)
(Item # 40 CCP February 22, 1994)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 110
C. Speers-Streets Department Reform Proposals
(Item # 91 CCP April 19, 1994)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 111
Bond Closeouts-Engineering (PW)
(Item # 29 CCP May 3, 1994)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 112
Bond Closeouts-Water (PW)
(Item # 30 CCP May 3, 1994)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 113
Liquor License referrals from 4/5 (Assmt)
(Item # 26 CCP May 31, 1994)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 114
Liquor License referrals from 4/19 (Assmt)
(Item # 27 CCP May 3, 1994)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
Legislation
Alfred T. Coppola
Chairman
No. 115
American Remodeling, Petition to Repair
241 Humboldt Parkway
(Item No. 94, C.C.P., May 3, 1994)
That after a public hearing before the Committee on Legislation
on May 10, 1994, the petition of American Remodeling, for permission to repair
241 Humboldt Parkway by installing vinyl, soffit and fascia be, and hereby is
approved.
PASSED.
AYES- 13 NOES- 0.
No. 116
Abandonment - Portion of Seattle Street
(Item No. 22, C.C.P., Apr. 5, 1994)
That the offer of Scrivner, Inc., 416 Kenmore Avenue and Kenmore
Englewood Associates, 292-400 Seattle Street, in the sum of $13,000.00
(Thirteen Thousand Dollars) to purchase a portion of Seattle Street to be
abandon consists of that portion of a paper street extending westerly from
Englewood Avenue to a dead end at the former Erie Railroad right-of-way, be and
hereby is accepted; and
That the Corporation Counsel shall prepare the necessary documents for
the transfer of title and that the Mayor be authorized to execute the same upon
the following conditions;
That the street be sold subject to the right of the Buffalo Sewer
Authority, Water Authority and the utility lines that may be running over,
under or across the land; and that the foregoing abandonment, discontinuance
and closing, shall not become effective until the deed conveying any interest
of the City of Buffalo in and to such land has been recorded in the Erie County
Clerk's Office.
PASSED.
AYES- 13 NOES- 0.
No. 117
Consent Agreement - Abandon Seattle (Compt)
(Item # 21 CCP April 19, 1994)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 118
Encroach Signs - 120 Delaware Avenue
(Item No. 38, C.C.P., May 3, 1994)
That the Commissioner of Public Works be and he hereby is, authorized
to issue a "mere license" to Mr. Paul Scouras, owner of the Towne Restaurant,
located at 120 Delaware Avenue, to install two signs which would encroach city
right-of-way at said address, subject to the following conditions.
1. That the applicant obtain any and all other City of Buffalo permits
necessary for said installation.
2. That the signs be installed exactly as shown on plans submitted to and
approved by the Department of Public Works, Division of Buildings.
3. That the applicant supply the City of Buffalo with a five thousand dollar
($5,000) construction in street bond or certificate of insurance which will
indemnify and save harmless the City of Buffalo against any and all loss and
damage arising out of the construction, maintenance, use and removal of said
signs.
PASSED.
AYES- 13 NOES- 0.
No. 119
Encroach Permanent Exit - 318 Howard Street
(Item No. 40, C.C.P., May 3, 1994)
That the Commissioner of Public Works be and he hereby is, authorized
to issue a "mere license" to Mr. Joseph Sahlen, President of Sahlen's Packing
Co., located at 318 Howard Street, to install an enclosed exit which would
encroach city right-of-way at said address, subject to the following
conditions:
1. That the applicant obtain any and all other City of Buffalo permits
necessary for said installation.
2. That the enclosure be installed exactly as shown on plans submitted to
and approved by the Department of Public Works, Division of Buildings.
3. That the enclosure does not in any way extend into the existing public
sidewalk.
4. In the event that the Commissioner of Public Works determines the
encroachments must cease as a result of factors effecting the health, safety
and welfare of the public, or the needs of the City, the Commissioner may order
the immediate removal of said encroachments as described in Chapter 413-67
(Encroachments) of the City Ordinances.
5. That the applicant supply the City of Buffalo with a ten thousand dollar
($10,000) construction in street bond or certificate of insurance which will
indemnify and save harmless the City of Buffalo against any and all loss and
damage arising out of the construction, maintenance, use and removal of said
enclosure.
PASSED.
AYES- 13 NOES- 0.
No. 120
State of the Environment Report (EMC)
(Item # 7 CCP May 3, 1994)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 121
NYSDEC-Cyanide Found on Deschler (#89 3/22)
(Item # 162 CCP April 5, 1994)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 122
NYSDEC-Site Reclassification American Brass
(Item # 89 CCP April 19, 1994)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 123
Site Reclassification - American Brass (EMC)
(Item # 8 CCP May 3, 1994)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
Economic Development
Carl A. Perla, Jr.
Chairman
No. 124
L.D.A - North/Ellicott - Bflo. Hearing Center (CD)
(Item No. 56, C.C.P., May 3, 1994)
That the above item be and hereby is returned to the Common Council
without recommendation.
The above Item has been set for a Public Hearing before the Common
Council, at this regularly scheduled meeting, this date, at 2:00 P.M., and that
a Notice of same has been published in the Buffalo News, a copy of which is
attached hereto.
On a Motion by Mr. Pitts, Seconded by Mr. Collins the item is properly
before the Common Council, and the Hearing be opened.
CARRIED.
Appearances:
Maria Scinta- B.U.R.A.
Jim Magavern, Board Member-Hearing/Speech Center
Mr. Pitts moved that the hearing be closed.
Seconded by Mr. Coppola.
CARRIED.
Mr. Pitts now moved:
Whereas, the Buffalo Urban Renewal Agency has duly designated Buffalo
Hearing and Speech Center 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. Buffalo Hearing and Speech Center 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 Disposition
Parcel 4B.
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 Buffalo Hearing and Speech Center and/or other legal entity to be
formed in accordance with the terms of said Agreement and for the consideration
recited therein.
PASSED.
AYES- 13 NOES- 0.
No. 125
UR Plan Amend. Par. 19/20 (Hearing Held) (#60 12/28)
(Item # 157 CCP February 8, 1994)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 126
Waterfront Plan Change Parcels 19/20 (CPBD) (#5 12/28)
(Item # 158 CCP February 8, 1994)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 127
Connecticut Street Corridor
(Item No. 65, C.C.P., May 3, 1994)
That the above item be, and the same hereby is, returned to the
Common Council without recommendation.
Mr. Perla now moved:
That the Commissioner of Inspections and Community Revitalization be, and
hereby is, authorized to allocate the sum of $303,000.00 of HOME funds to
provide subsidies for the construction of twelve townhouse units in the
Connecticut Street Corridor as described in Item No. 65, C.C.P., May 3, 1994.
PASSED.
AYES- ARTHUR, COLLINS, COPPOLA, CZAJKA, FAHEY, FRANCZYK, LOTEMPIO, PERLA,
PITTS, ZUCHLEWSKI- 10.
NOES- BELL, HELFER, LOCKWOOD- 3.
No. 128
Transfer of Property - 924 Sycamore
(Item No. 20, C.C.P., May 3, 1994)
That the city-owned property at 924 Sycamore, under the Urban
Homestead Program be transferred to American Shelter Corporation for One Dollar
($1.00); and
That the Corporation Counsel shall prepare the necessary documents for
the transfer of title and that the Mayor be authorized to execute the same upon
the following condition;
the transfer will be contingent upon the sale of property to a low income
purchaser within 24 months of the transfer of title by the City to the
developer/sponsor; and
That 112 Tenth Street remain tabled in the Committee on Economic
Development.
PASSED.
AYES- 13 NOES- 0.
RESOLUTIONS
No. 129
By: Mr. Arthur
Request Horizons Waterfront Commission to Present a Status Report
on all Projects
Whereas: The Horizons Waterfront Commission offers the City of
Buffalo advice and consultation regarding projects in the area of and abutting
the shores of Lake Erie and the Niagara River; and
Whereas: The Horizons Waterfront Commission has applied for funding in the
1994-95 budget year; and
Whereas: A report outlining the status of projects in progress and future
project considerations by the Horizons Waterfront Commission is needed to
update this council for budget deliberations; and
Now, Therefore Be It Resolved That:
This Council requests representatives from the Horizons Waterfront
Commission to attend a meeting of the Urban Renewal Committee scheduled for
1:00 P.M. Wednesday, June 8, 1994 to present a report detailing all projects
the commission presently has in progress and all projects slated for future
consideration.
Be It Further Resolved That:
The City Clerk forward a certified copy of this resolution to the
Horizons Waterfront Commission.
REFERRED TO THE URBAN RENEWAL AGENCY COMMITTEE AND THE WATERFRONT HORIZONS
COMMISSION.
No. 130
By: Mr. Arthur
City Of Buffalo
Local Law No _____ (1994)
Introductory No.9 (1994)
A LOCAL LAW amending section four hundred sixty-six of article
twenty-five of the charter of the city of Buffalo, in relation to police and
fire pensions.
BE IT ENACTED BY THE COMMON COUNCIL OF THE CITY OF BUFFALO AS FOLLOWS:
Section 1. That subsections one through nine of section four hundred
sixty-six of article twenty-five of the charter of the city of Buffalo, adopted
pursuant to law, be amended to read as follows:
Sec. 466. Amount of Pension.
Pensions shall be paid in equal monthly installments as follows:
(1) To a member retired pursuant to subdivision one of section four
hundred sixty-three or subdivision one of section four hundred sixty-four, a
sum equal to one-half of such member's salary or compensation received at the
time of his retirement, but not less than [eight hundred ten] eight hundred
thirty-five dollars per month.
(2) To a member retired after this local law takes effect solely by
reason of twenty-five years of service, a sum equal to one-half of such
member's salary or compensation received at the time of his retirement but not
less than [eight hundred ten] eight hundred thirty-five dollars per month.
(3) To a member retired pursuant to subdivision four of section four
hundred sixty-four, a sum equal to one-half of such member's salary or
compensation received at the time of his retirement but not less than [eight
hundred ten] eight hundred thirty-five dollars per month.
(4) To a member retired pursuant to subdivision five of section four
hundred sixty-four, a pension shall be granted upon the conditions and at the
rate applicable to said member on the day preceding his receipt of said notice
of discharge or demotion but not less than [eight hundred ten] eight hundred
thirty-five dollars per month.
(5) To a member retired by reason of having reached the age of seventy
years, a sum equal to one-half of such member's salary or compensation received
at the time of his retirement but not less than [eight hundred ten] eight
hundred thirty-five dollars per month.
(6) To any member retired on account of injury, disease or disability and
who has completed ten or more years of service, a sum equal to one-half of such
member's salary or compensation received at the time of his retirement but not
less than [eight hundred ten] eight hundred thirty-five dollars per month.
(7) To the widow of any member heretofore or hereafter killed in the
discharge of his duty in said department, a sum in monthly installments equal
to his salary or compensation for one year at the rate paid him at the time of
his death and after the first year the sum of [five hundred eighty-five] six
hundred ten dollars per month.
(8) To the widow of any member who dies or has heretofore died as a
result of injury received in the discharge of his duty in said department, a
sum in monthly installments equal to his salary or compensation for one year at
the rate paid him at the time of his death and thereafter the sum of [five
hundred eighty-five] six hundred ten dollars per month until her death or
remarriage.
(9) To the widow of a member who dies or has heretofore died while in
service or after retirement, a sum of [five hundred eighty five] six hundred
ten dollars per month during her lifetime or until her remarriage.
(14) In addition to any payments provided in subdivisions one, two,
three, four, five and six of this section, there shall be paid to a member an
annual pension total of the pension amount as prescribed on June thirty
nineteen hundred ninety-[three] four, plus an additional amount of twenty-five
dollars per month.
Section 2. This local law shall take effect July 1, 1994.
APPROVED AS TO FORM
Edward Peace
Corporation Counsel
Note: Matter in brackets is old, to be deleted, matter underlined is new.
LAID ON THE TABLE.
No. 131
By: Messrs. Arthur and Perla
37th Annual Allentown Outdoor Art Festival
Whereas, the Allentown Village Society, Inc. ("AVS") had requested
permission to conduct its 37th Annual,Allentown outdoor Art Festival on the
weekend of June 11th and 12th, 1994, and
Whereas, the Common Council is empowered pursuant to S413-36 of the Code
of the City of Buffalo to impose reasonable conditions over the event area for
the purpose of facilitating control over the event area by the sponsor and
public officials for the health, welfare and safety of the public and persons
and property in the event area,
Now, Therefore, Be It Resolved:
That, subject to the following conditions, the AVS be and it hereby is
granted permission to conduct its 37th Annual Allentown Outdoor Art Festival on
the weekend of June 11th and 12th, 1994 between the hours of 11:00 A.M. and
6:00 Pm. on those days within &n event area bounded by Summer Street on the
north, Elmwood Avenue (east side) on the west, Tracy Street (extended easterly)
on the south and Main Street (west side) on the east:
1. Delaware Avenue between North Street and Tupper Street, Franklin
Street between Allen Street and Virginia Street and Allen Street from Elmwood
Avenue to North Pearl shall be closed to vehicular traffic from 8:00 A.N. until
7:30 P.M, on the dates of the event to facilitate set up and take down by event
participants, and the Buffalo Police Department may place barriers for this
purpose during those hours.
2. No parking is to be allowed on said streets, for participants,
exhibitors or otherwise, during the hours of 8;00 A.M. to 7:00 P.M. on the
event days. The Buffalo Police Department and the Department of Public Works
are hereby directed to enforce this temporary ban on said streets and on much
other streets within the immediate area as the Police Department may deem
necessary for the safety of the public.
3 Participants within the event area, whether on the. public streets or
out-of-doors on adjacent private property, will be limited as follows:
(a) Art or craft exhibitors. Art or craft exhibitors may be located
within the event area on the following streets only: Delaware Avenue between
North Street and Tupper Street (east and west sides), Franklin Street between
Allen Street and Virginia Street (east and west sides), Allen Street from
Elmwood Avenue to Franklin Street (north and south sides), Virginia Street
between Delaware Avenue and Franklin Street (north and south sides).
Only art and craft exhibitors selected through the AVS application and
selection process shall be permitted. The AVS will select no more than 465 art
and craft exhibitors, excluding therefrom the exhibition or sale of so-called
"pseudo" art and exhibits of a strictly commercial nature.
(b) Concessionaires and vendors. Concessionaires and vendors within the
event area shall be located on the following streets only: Delaware Avenue in
the block between North and Allen Streets, the block between Allen and,
Virginia Streets and in the vicinity of Edward Street, on Franklin Street
between Virginia and Allen Streets, and on Allen Street in the vicinity of
Franklin Street, on Allen Street between Park Street and Elmwood Avenue. Such
participant concessionaires shall be responsible concessionaires to be selected
by, the AVS. The AVS may select and designate a single vendor employing a
reasonable number of persons to vend balloons in the event area. The AVS may
also select and designate a single vendor to produce and sell Art Festivals T-
shirts, sweat shirts or similar merchandise within the defined concession
areas. All participant concessionaires and vendors are required to comply with
all otherwise applicable licensing and health requirements *
Notwithstanding the foregoing, nothing herein is intended to limit the
usual and customary operations of "sidewalk cafes" as defined in S413-S9 of the
Buffalo Code.
4. Radio and television broadcasts. Radio and television broadcasts from
remote broadcast units located outside of a building normally occupied by a
radio or television station may be permitted within the event area by the event
sponsor. No such remote broadcasts or telecasts shall be permitted on the
public streets or out-of-doors on adjacent private property without the
permission of the event sponsor. In no case shall any radio or television
station employ blaring loudspeakers or conduct giveaways, sale of merchandise,
contests, displays or other promotional activities beyond what is broadcast or
telecast over their airwaves in the public streets or out-of-doors on adjacent
private property during the hours of the event.
5. Unauthorized participants. The AVS shall provide &11 participants
with suitable identification showing each as an authorized. participant in the
event. Except as herein above provided, there shall be no other participants
within the event area during the event whether on the public streets or
out-of-doors on adjacent private property, including exhibitors,
concessionaires, vendors, performers, promotional activities, fund raising
activities, displays or goods or otherwise. Street performers, buskers or
similar performers or performances shall not be permitted within the event
area. All temporary inflatable devices used to advertise or direct attention
to a business, service, product or activity shall also be excluded from the
event area.
6. The Department of Public Works (Director of Licenses) and the Police
Department are hereby directed to enforce removal of all unauthorized
participants.
7. The AVS shall be solely responsible for the removal of barriers,
decorations, barricades, stands, and equipment and all trash and debris in the
area including the event area resulting from the event.
8. The AVS shall in advance of the event provide a liability insurance
policy in an amount of $2 million dollars per occurrence, naming the City of
Buffalo as an additional insured.
9. The property of Ascension Church at 16 Linwood Avenue and of
Westminster Church at 724 Delaware Avenue shall not be subject to the foregoing
provisions, provided however, that neither shall conduct or sponsor any
out-of-door activities during Art Festival event hours without prior approval
of the Common Council. The above-mentioned shall not conduct or sponsor any
outdoor amusement rides or arts and craft show and provision (4) of this
resolution governing radio and television broadcasts shall also be applicable
on those properties.
PASSED.
AYES- 13 NOES- 0.
No. 132
By: Messrs Bell and Franczyk
ISTEA Funding For The Cobblestone District
Whereas: This Council has been working diligently to establish
a Cobblestone Historic District in the blocks east of the planned Crossroads
arena; and
Whereas: The Cobblestone area, which includes Illinois, Mississippi,
Columbia and Baltimore Streets, has been described as Buffalo's last link to
the canal age; and
Whereas: The cobblestone streets and historic industrial architecture of
this area have tremendous potential as the basis of an authentic historic
district supporting restaurants, functioning small industries, historic
attractions and an inviting streetscape; and
Whereas: ISTEA funds are currently available to fund projects involving
historic preservation, particularly those projects involving the reuse of
historic transportation facilities such as canals;
Now Therefore Be It Resolved, that:
This Council requests the Department of Community Development to submit
an ISTEA grant application on behalf of the city for current round funds to
restore the stone paving on Illinois, Mississippi, Columbia and Baltimore
Streets as well as other historic features of the Cobblestone area.
ADOPTED.
No. 133
By: Mr. Collins
Transfer of Funds
Department of Police -- Management Services Bureau
Department of Police -- Tactical Division and Building and
Fleet Maintenance
That pursuant to section 42 of the Charter and the Certificate
of the Mayor and the Comptroller submitted to the Common Council, sums of
$26,000 and $10,000 be and the same are hereby transferred from the Department
of Police -- Management Services, and said sums are hereby reappropriated as
set forth below:
From:
100 General Fund
20 -4- Dept of Police - Bureau of Administrative Services
002 - Management Services
427 - Clothing and Uniforms $26,000
573 - Engineering and Technical Services $10,000
To:
100 General Fund
20 - 2-- Dept of Police - Bureau of Special Services
002 - Tactical Division
425 - Food & Provisions $3,000
20 -4 - Dept of Police - Bureau of Administrative Services
003 - Building and Fleet Maintenance
403 - Photographic & Drafting Supplies $ 737
430 - Fuel for Heat - Power $ 7,048
432 - Janitorial $ 2,037
449 - Miscellaneous $ 178
501 - Automotive - Body Repairs $10,000
503 - Automotive - Transmission Service $ 7,000
504 - Automotive - Other Servicing $ 3,000
530 - Laundry & Towel Service $ 3,000
PASSED.
AYES- 13 NOES- 0.
No. 134
By: Mr. Collins
Bond Resolution
$600,000 Bonds
Acquisition of Land & Improvements
380 Virginia Street
Account 200-402-023
Bond Resolution of the City of Buffalo, New York, authorizing
the issuance of $600,000 General Improvement Bonds of said City, to finance the
cost of the acquisition of the land and improvements at 380 Virginia Street for
a new fire station and training facility, at the estimated maximum cost of
$600,000.
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 Six
Hundred Thousand Dollars ($600,000), pursuant to the provisions of the Charter
of said City and the Local Finance Thaw, constituting Chapter 33-a of the
Consolidated Laws of the State of New York (the "Law"); to finance the cost of
the acquisition of the land and improvements at 380 Virginia Street, in the
City, to provide the site for a new fire station and training facility. The
estimated maximum cost of said specific object or purpose for which the bonds
authorized by this resolution are to be issued, including preliminary costs and
costs incidental thereto and the financing thereof, is Six Hundred Thousand
Dollars ($600,000), as set forth in the duly adopted Capital Improvements
Budget of said City for fiscal year 1993-94, as amended.
Section 2. The proceeds of the sale of the bonds authorized by this
resolution, or any bond anticipation notes issued in anticipation of the sale
of said bonds, shall be deposited in the Capital Projects Fund to the credit of
the Department of Public Works, Division of Buildings, "Acquisition,
Construction and Reconstruction of Fire Station 1993-94", Bond Authorization
Account No. 200-402-023, 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 $600,000. This
resolution is a declaration of Official Intent adopted pursuant to the
requirements of Treasury Regulation Section 1.103-18(a) through
Section 4. The following additional matters are hereby determined and
stated:
(a) The period of probable usefulness applicable to the specific object
or purpose for which the bonds authorized by this resolution are to be issued,
within the limitations of Section 11.00 a.21 of the Local Finance Law, is
thirty (30) 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: May 17, 1994
LAID ON THE TABLE.
No. 135
By: Mr. Collins
Bond Resolution
$1,400,000 Bonds
Construction of New Fire
Station- 380 Virginia Street
Account 200-402-023
Bond Resolution of the City of Buffalo, New York, authorizing
the issuance of $1,400,000 General Improvement Bonds of said City, to finance
the cost of the reconstruction of and additions to the existing building at 380
Virginia Street for a new fire station and training facility, at the estimated
maximum cost of $1,400,000.
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 One
Million Four Hundred Thousand Dollars ($1,400,000), pursuant to the provisions
of the Charter of said City and the Local Finance Law, constituting Chapter
33-a of the Consolidated Laws of the State of New York (the "Law"); to finance
the cost of the reconstruction of and construction of additions to the existing
building at 380 Virginia Street, in the City, to provide for a new fire station
and training facility. The estimated maximum cost of said specific object or
purpose for which the bonds authorized by this resolution are to be issued,
including preliminary costs and costs incidental thereto and the financing
thereof, is One Million Four Hundred Thousand Dollars ($1,400,000), as set
forth in the duly adopted Capital Improvements Budget of said City for fiscal
year 1993-94, as amended.
Section 2. The proceeds-of the sale of the bonds authorized by this
resolution, or any bond anticipation notes issued in anticipation of the sale
of said bonds, shall be deposited in the Capital Projects Fund to the credit of
the Department of Public Works, Division of Buildings, "Acquisition,
Construction and Reconstruction of Fire Station 1993-94", Bond Authorization
Account No. 200-402-023, 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 $1,400,000. This
resolution is a declaration of Official Intent adopted pursuant to the
requirements of Treasury Regulation Section 1.103-18(a) through
Section 4. The following additional matters are hereby determined and
stated:
(a) The period of probable usefulness applicable to the specific object
or purpose for which the bonds authorized by this resolution are to be issued,
within the limitations of Section 11.00 a.12. (a) (2) of the Local Finance Law,
is fifteen (15) years.
(b) Current funds 'are not required by the Law to be provided as a down
payment prior to the issuance of the bonds authorized by this resolution or any
bond anticipation notes issued in anticipation thereof in accordance with
Section 107.00 d. 9. of the Law.
Section 5. Each of the bonds authorized by this resolution and any bond
anticipation notes issued in anticipation of the sale of said bonds and the
renewals of said notes shall contain the recital of validity as prescribed by
Section 52.00 of the Local Finance Law. Said bonds and said notes shall be
general obligations of the City of Buffalo payable as to both principal and
interest by a general tax upon all the taxable real property within said City
without limitation as to rate or amount. The faith and credit of said City are
hereby irrevocably pledged to the punctual payment of the principal of and
interest on said bonds and said notes. Provision shall be made annually by
appropriation by said City for the payment of interest on and for the amounts
required for the amortization and redemption of said bonds and said notes.
Section 6. The validity of the bonds authorized by this resolution or
any bond anticipation notes issued in anticipation of the sale of said bonds,
may be contested only if:
(a) such obligations are authorized for an object or purpose for which
the City of Buffalo is not authorized to expend money, or
(b) the provisions of law which should be complied with at the date of
the publication of such resolution are not substantially complied with,and an
action, suit or proceeding contesting such validity, is commenced within twenty
days after the date of such publication, or
(c) such obligations are authorized in violation of the provisions of the
constitution.
Introduced: May 17, 1994
LAID ON THE TABLE.
No. 136
By: Mr. Collins
Bond Resolution
$7,864,095 Bonds
Acquisition of Waterfront
School from UDC
Account 299-970-001
Bond Resolution of the City of Buffalo, New York, authorizing
the issuance of $7,864,095 School Bonds of said City, to finance the cost of
acquisition of the Waterfront Community Facilities Complex from the New York
State Urban Development Corporation, at the estimated maximum cost of
$7,864,095.
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
School Bonds of said City in the principal amount of Seven Million Eight
Hundred Sixty-Four Thousand Ninety-Five Dollars ($7,864,095), 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 acquisition from the New York State Urban Development Corporation
("UDC") of the site and facilities comprising the Waterfront Community
Facilities Complex, in the City, currently leased by the City from UDC pursuant
to a Lease among UDC, the City, and the Board of Education. The estimated
maximum cost of said specific object or purpose for which the bonds authorized
by this resolution are to be issued, including preliminary costs and costs
incidental thereto and the financing thereof, is Seven Million Eight Hundred
Sixty-Four Thousand Ninety-Five Dollars ($7,864,095), as set forth in the duly
adopted Capital Improvements Budget of said City for fiscal year 1993-94, as
amended.
Section 2. The proceeds of the sale of the bonds authorized by this
resolution, or any bond anticipation notes issued in anticipation of the sale
of said bonds, shall be deposited in the Capital Projects Fund to the credit of
the Board of Education, "Purchase of Waterfront School from UDC", Bond
Authorization Account No. 299-970-001, 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 $7,864,095. This
resolution is a declaration of Official Intent adopted pursuant to the
requirements of Treasury Regulation Section 1. 103-18(a) through (l).
Section 4. The following additional matters are hereby determined and
stated:
(a) The period of probable usefulness applicable to the specific object
or purpose for which the bonds authorized by this resolution are to be issued,
within the limitations of Section 11.00 (a) 11 .(a) of the Local Finance Law,
is thirty (30) 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: May 17, 1994
LAID ON THE TABLE.
No. 137
By: Mr. Collins
Increase Reward Amounts For Information Leading to the Identification
and Conviction Of Dumping Violators
Whereas: Article VI Section 216-10 Rewards-provides for a fifty
dollar ($50) reward to any person or persons who furnish information leading to
the apprehension, arrest and conviction of anyone found guilty of illegal
dumping within the City of Buffalo; and
Whereas: Article VI Section 216-11 outlines penalties and fines to be not
less than one thousand dollars ($1000) levied to any person convicted of
illegal dumping; and
Whereas: The present reward incentives for encouraging community
participation in identifying perpetrators responsible for random dumping
violations within the City of Buffalo are inadequate; and
Whereas: Increasing the reward amount by supplementing it with fine revenues
would foster a greater incentive for citizens to devote time to join a
pro-active approach in identifying violators responsible for illegal dumping
within the City of Buffalo.
Now, Therefore Be It Resolved That:
This Common Council requests that the Corporation Counsel amend Article
VI Section 216-10 Rewards, to increase the reward amount to five hundred
dollars ($500) by supplementing rewards with revenue-recovered from fines
assessed to convicted violators of illegal dumping in the City of Buffalo.
ADOPTED.
LAID ON THE TABLE.
No. 138
By: Mr. Collins
Investigate Integrated Waste Systems Inc.
Whereas: The Buffalo News has recently published allegations that,
by charging the city for garbage loads when the city deposits loads of bulk
trash, Integrated Waste Systems Inc. (IWS) is causing the city to be overbilled
by between $250,00 and $500,000 per year; and
Whereas: The News also raised the possibility of double billing in that both
Buffalo and other IWS customers may each be paying for the same loads of
garbage that are being sent to the American Ref-Fuel plant for incineration;
and
Now Therefore Be It Resolved, that:
This Common Council requests the Comptroller and the Commissioners of
Street Sanitation and Public Works to file reports with the City Clerk
regarding the allegations concerning Integrated Waste Systems Inc. that were
published in the Buffalo News on Sunday, May 8,1994.
REFERRED TO THE COMMITTEE ON FINANCE, THE COMPTROLLER, THE COMMISSIONER OF
PUBLIC WORKS, THE COMMISSIONER OF STREET SANITATION, THE ERIE COUNTY DISTRICT
ATTORNEY, AND THE CORPORATION COUNSEL.
No. 139
By: Mr. Collins
Geoffrey Odom - Shoeshine Stand (Lobby of City Hall)
Whereas: A letter requesting permission to operate a Shoeshine
stand in the lobby of City Hall was submitted to the Common Council by Geoffrey
Odom and appeared on the November 3, 1993 agenda as item #90; and
Whereas: At the December 14, 1993 Common Council meeting, item No. 141 was
approved, authorizing and directing the department of Public Works to request
additional proposals for the operation of a shoeshine stand under similar terms
and conditions as has been proposed by Geoffrey Odom in item No. 90, C.C.P.
November 3, 1993; and
Whereas: To date, Mr. Odom is the only vendor proposing to operate a
shoeshine stand in City Hall.
Now, Therefore Be It Resolved:
That this Common Council requests that the Department of Public Works
abandon the directive to seek additional proposals for the operation of a
shoeshine stand in City Hall; and
Be It Further Resolved:
That this Common Council also directs the Department of Public Works to
negotiate a fair and equitable lease agreement with Mr. Geoffrey Odom to
operate a shoeshine stand in the Lobby of City Hall and to report the results
to this body.
REFERRED TO THE COMMITTEE ON FINANCE, THE COMMISSIONER OF PUBLIC WORKS AND THE
CORPORATION COUNSEL.
No. 140
By: Mr. Coppola
Request Share of 1% From Erie County
Whereas: In 1985, the County of Erie had accumulated a massive
debt of $75 million; and
Whereas: An extra 1% sales tax was enacted as a temporary measure to
eliminate the massive debt, which was supported by the cities, towns, and
villages in Erie County; and
Whereas: The County's debt is about to be retired, and for the past several
years the County has had a surplus while the City of Buffalo, as well as other
municipalities, are now experiencing financial problems; and
Whereas: The time has come to lift the restrictive language allowing the
County sole use of the extra 1% tax; and
Whereas: The City could then give its share of the 1% tax to the Board of
Education as a dedicated source of funding.
Now Therefore Be It Resolved that
As City of Buffalo supported the County of Erie by allowing its share of
the extra 1% sales tax to be used exclusively to retire the County's $75
million debt; and now that the City is experiencing severe financial problems,
and the County's debt is about to be retired, this Common Council requests a
meeting in the near future with the County Executive, Mayor Masiello, Members
of the Board of Education, and the Superintendent of Schools to resolve this
issue; and
Be It Further Resolved That
The City Clerk send a certified copy of this resolution to Erie County
Executive Dennis Gorski.
ADOPTED.
No. 141
By: Mr. Coppola
Request Information From The Buffalo Sewer Authority
Whereas: On April 22, 1994, the Board of Directors of the Buffalo
Sewer Authority adopted its budget for the 1994-95 fiscal year; and
Whereas: This $43.8 million budget represents a $2.25 million increase, or
5.4 percent, over the current year's budget, which translates into a 6.9
percent increase for property owners; and
Whereas: A first-time feature in this budget includes the establishing of a
five-year capital plan to address the replacement of sewer lines in the city,
and also updating and replacement of worn-out equipment at the treatment plant.
Now Therefore Be It Resolved that
This Common Council respectfully requests that the Buffalo Sewer
Authority supply a copy of the five-year capital plan which addresses replacing
sewer lines in the city, and the updating and replacement of worn-out equipment
at the treatment plant.
ADOPTED.
No. 142
By: Mr. Coppola
Request Information From Fire Department
Whereas: Recently, Buffalo firefighters were called upon to help
contain a blaze in Lackawanna; and
Whereas: Tradition calls for mutual aid among neighboring municipalities
when battling multiple alarm blazes; and
Whereas: Lackawanna's present fiscal problems are as severe as Buffalo's,
and the mayors of both cities have requested additional State aid to offset
budget deficits.
Now Therefore Be It Resolved that
While understanding the necessity of mutual aid among neighboring
municipalities when battling multiple alarm blazes, because of the city's
precarious fiscal position, this Common Council requests that the Commissioner
of the Buffalo Fire Department inform this body on the number of times in the
past five years the Buffalo Fire Department assisted neighboring communities
and the reasons.
ADOPTED.
No. 143
By: Mr. Coppola
Request State Referendum on Death Penalty
Whereas: In a recent informal survey by an area TV station inquiring
about the death penalty in New York State, 86% of the respondents
overwhelmingly supported the return of the death penalty; and
Whereas: Because of the nature of this kind of survey, these results may not
necessarily be accurate as it depends on who is watching that particular
newscast and who bothers to respond; and
Whereas: The severity of this issue demands a more accurate accounting
rather than a random telephone poll; and
Whereas: A state referendum would accurately reflect the wishes of the
majority of the people of New York State.
Now Therefore Be It Resolved that
This Common Council respectfully requests that the State Assembly and
Senate consider a referendum on the death penalty to accurately reflect the
wishes of the majority of the people of New York State.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE NEW YORK STATE LEGISLATURE AND
THE GOVERNOR OF NEW YORK.
AYES- BELL, COLLINS, COPPOLA, CZAJKA, FAHEY, FRANCZYK, HELFER, LOCKWOOD,
LOTEMPIO, PERLA, PITTS, ZUCHLEWSKI- 12.
NOES- ARTHUR- 1.
No. 144
By: Mr. Czajka
Hanging of U.S. Flags on Lovejoy Street.
Whereas: A group of concerned residents of the East Lovejoy neighborhood
have formed a group called the Iron Island Preservation Society which promotes
activities that are aimed at beautifying their neighborhood; and
Whereas: Lovejoy Street is the main business strip in the East Lovejoy
neighborhood and is the busiest street for pedestrian and vehicular traffic;
and
Whereas: The Iron Island Preservation Society recently purchased 35 U.S.
flags and would like these flags to be put on the light poles on Lovejoy Street
before Memorial Day, at which time the group is sponsoring a Memorial Day
dedication that will take place on Lovejoy Street; and
Whereas: These U.S. flags will also help to beautify Lovejoy Street
throughout the summer months; and
Whereas: I am fully in support of this sort of a community effort by
residents who want to beautify the neighborhood in which they live and the city
should assist groups like the Iron Island Preservation Society if and whenever
possible; and
Whereas: These residents will need the assistance of the city in placing the
flags on each of the street poles; and
Now, Therefore, Be It Resolved:
That the Public Works Department assist the Iron Island Preservation
Society in placing the 35 U.S. flags on the light poles on Lovejoy Street
before Memorial Day weekend.
PASSED.
AYES- 13 NOES- 0.
No. 145
By: Mr. Fahey
Felicitation - David B. Kelly
At the regular meeting of the Common Council of the city of Buffalo,
held on Tuesday, May 17, 1994, the following resolution was unanimously
adopted, sponsored by Eugene M. Fahey:
Whereas: David B. Kelly was a Member at Large on the Buffalo Board of
Education from January 1, 1977 to May 6, 1994, serving as President in 1980-81,
1981-82, and 1989-90; and
Whereas A tireless advocate for the improvement of the city school system,
Dave Kelly was involved in virtually every facet of school operations, chairing
the Legislative, Executive, Buildings and Grounds, Budget / Audit, and
Handicapped Committees. He also maintained active communication with the
various student, parent, and teacher organizations integral in the operation of
our schools; and
Whereas: His tenure on the Board coincided with many changes in the Buffalo
Schools: the implementation of a successful desegregation program; the
development of the magnet school program; curriculum development and
instructional advancements that enabled students to achieve at higher levels;
new school facilities at the Buffalo Zoo and the Museum of Science; and the
groundbreaking for the new Makowski School; and
Whereas: Intelligent, articulate, and strong-willed, Dave Kelly combined
personal zeal with professional integrity, always making the interests of the
schoolchildren his first priority; and
Whereas: A public servant by avocation and profession, he was a Confidential
Aide to the late Mayor Stan Makowski, and presently serves as First Deputy
County Clerk for Erie County;
Now, Therefore, Be It Resolved:
That the Common Council of the City of Buffalo commend David B. Kelly for
his many years of outstanding service to the children of our city and the
Buffalo Board of Education; and
Be It Further Resolved:
That this Honorable Body express best wishes for future success and good
fortune to a gentleman whose efforts have helped to improve the quality of life
in our city, David B. Kelly.
ADOPTED.
No. 146
By: Mr. Fahey
Engrossed Copy
David Kelly Felicitation
Now, Therefore, Be It Resolved:
That this Common Council authorize an engrossed copy of a felicitation
for retired School Board Member David B. Kelly, to be prepared at a cost not to
exceed $100.00.
ADOPTED.
No. 147
By: Messrs. Fahey and Perla
Direct Garbage and Trash Disposal Violations to Responsible Party
Whereas: The City of Buffalo's codes and ordinances for trash,
rubbish and refuse are tailored to facilitate orderly residential and
commercial trash packaging and disposal for efficient scheduled pick up by city
trucks; and
Whereas: The City is being besieged by numerous cases of trash and refuse
violations in residential and commercial areas where tenants or other
individuals are responsible; and
Whereas: The vast number of trash and garbage violations create unnecessary
expense and strain on the city's Sanitation Department; and
Whereas: The City lacks an effective plan to direct full liability to the
persons other than the property owner who may be responsible for the trash
violations; and
Whereas: Amending the City of Buffalo's codes and ordinances for trash,
rubbish and refuse violations to allow prosecution against any responsible
offender including but not limited to the homeowner would give the city a more
effective enforcement range to forge compliance.
Now, Therefore Be It Resolved That:
This Common Council requests the City Corporation Counsel to draft an
amendment to Article VI Section 216-14 subsection A of the City of Buffalo's
codes and ordinances for trash, rubbish and refuse to hold liable any property
owner including his subordinates, tenants or employees in violation or
responsible for violating codes and ordinances for the proper disposal and
packaging of trash rubbish and refuse on City streets.
REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CORPORATION COUNSEL.
No. 148
By: Messrs. Fahey, Zuchlewski, and Perla
Rescind Contract With Integrated Waste Systems
Whereas: This Council, at the urging of the previous administration,
and despite the objections of some Councilmembers, approved a no-bid contract
with Integrated Waste Systems for handling the city's waste; and
Whereas: The Buffalo News has reported irregularities in the way Integrated
Waste handles refuse at the East Side Transfer Station that the News estimates
may cost the city up to $500,000 this year; and
Whereas: The News article alleged that trash loads that should cost $35 per
ton to landfill are being billed as garbage loads that cost $47 per ton to
incinerate; and
Whereas: The News article also alleged that Integrated Waste has been mixing
Buffalo's garbage with garbage from other communities and possibly double
billing for these loads
Now Therefore Be It Resolved That:
This Council requests the Corporation Counsel to initiate the rescinding
of the city's contract with Integrated Waste Systems; and
Be It Further Resolved, That:
This Council requests the Department of Public Works to set up a
competitive bidding process to pick a company to run the East Side Transfer
station; and
Be It Further Resolved, That:
This Council requests the District Attorney to investigate the
allegations contained in the recent News article to determine if double billing
has occurred; and
Be It Further Resolved, That:
This Council requests the Comptroller and the Commissioners of Public
Works and Street Sanitation to develop a low cost system to provide adequate
monitoring and reporting on the operations of the Transfer Station using
methods such as random unannounced spot checks; and
Be It Finally Resolved, That:
The City Clerk be directed to send a certified copy of this resolution to
the Erie County District Attorney for his review and response.
REFERRED TO THE COMMITTEE ON FINANCE, THE COMPTROLLER, THE COMMISSIONER OF
PUBLIC WORKS, THE COMMISSIONER OF STREET SANITATION, THE ERIE COUNTY DISTRICT
ATTORNEY.
No. 149
By: Messrs. Fahey, Zuchlewski, Helfer and Mrs. Lockwood
Ordinance Amendment-Boilers and Engineers
Whereas: After regular school hours, over twenty Buffalo schools
are utilized by the Lighted Schoolhouse and other programs; and
Whereas: In order to have a school open after 4:00 P.M., a
custodian/engineer must be present at the school in accordance with the city
ordinances regarding "Boilers and Engines: Engineers" in Section 94-26 which
states, "no power developing unit or units shall be left unattended and without
a properly licensed engineer or refrigeration operator of the required grade
while in operation"; and
Whereas: According to union contract, when a custodian/engineer is present
for an after school activity, it is considered overtime; and
Whereas: These additional expenses are a financial burden to the Lighted
Schoolhouse programs; and
Therefore Be It Resolved:
That this Common Council requests the Corporation Counsel to amend the
present ordinance, Chapter 94, Section 26 to exempt the Lighted Schoolhouse
programs requiring on-site engineers for the boiler plant operations during the
Lighted Schoolhouse Program activities.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE BOARD OF EDUCATION, THE
CORPORATION COUNSEL AND LOCAL 71.
No. 150
By: Mr. Franczyk
Payment of Certain Small Claims
Whereas, the Common Council, by Item No. 184, C.C.P., June 26,
1979, established a specific procedure for payment of claims of $100.00 or less
and Claims under Section 207 (a) and (c) of the General Municipal Law, which
pertain to medical bills of Policemen and Firemen in any amount; and
Whereas, the subject claims are eligible for consideration under the said
procedure; and
Whereas, the Department of Law has verified the validity of the claims
and recommend payment thereof;
Now Therefore, Be It Resolved:
That the Comptroller be, and hereby is authorized to make payment of the
following claims, and that said payment be charged against the "Judgment and
Claims Account" in the Department of Law:
1. A-I International Exterminators, Inc.
Claim for prior fiscal year Invoice #23540 for services rendered to the
Division of Engineering. $38.00
2. Dr. Jafari, D.C.
Claim for prior fiscal year invoice for services rendered to Firefighter James
Pease who injured his back in a fall from a one and one half story building in
the line of duty. The claimant is still out on a 207A disability.
$22.88
3. Marie Manetta
Claim for loss of garbage can. $11.00
4. Virginia Milan
Claim for loss of garbage can. $ 8.00
5. Michael B. Murzynowski
Claim for loss of garbage cans. $15.00
6. Frank T. Ralabate, Esq.
Claim for refund of inspection fee for a certificate of occupancy for 34 Marion
Street. The inspection was not needed. $100.00
7. University Surgical Associates
Claim for prior fiscal year invoice for services rendered to Police Officer
Raymond Vidal who suffered chest pains, shortness of breath and a collapsed
lung in the line of duty. The employee has returned to work.
$43.06
Investigation by the Department of Law reveals that the above claims are
valid and payment is hereby recommended.
PASSED.
AYES- 13 NOES- 0.
No. 151
By: Mr. Franczyk
Call on Administration To Include Fillmore District in Application
For Empowerment Zone/Enterprise Communities
Whereas: The Federal Government has created an Empowerment Zone/Enterprise
Communities (EZ/EC) program; and,
Whereas: The EZ/EC program has been designed by the Department of Housing
and Urban Development (HUD) in response to the needs of urban neighborhoods;
and,
Whereas: The Mayor of the City of Buffalo is submitting an application to
HUD to earn Buffalo the designation of a number of Empowerment Zones; and,
Whereas: HUD is calling for localities to submit plans that are created with
community input; and,
Whereas: A number of "Town Meetings" were scheduled during the month of
April in order to gain such community input; and,
Whereas: None of the April "Town Meetings" were held in the Fillmore
District; and,
Whereas: The Fillmore District contains some of the poorest neighborhoods of
the City with exactly the same needs that have been outlined by HUD in its
request for proposals; therefore,
Let It Be Resolved That:
This Body supports the inclusion of the Genesee/Moselle and the
Broadway/Fillmore neighborhoods in the application for the Federal Empowerment
Zone/Enterprise Communities program.
REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT.
No. 152
By: Mr. Helfer
Securitization of HUD Section 108 Loans
Whereas: The City of Buffalo receives funds from the U.S. Department
of Housing and Urban Development (hereinafter referred to as "HUD") Community
Development Block Grant Program (hereinafter referred to as "CDBG Program");
and
Whereas: As recipient of Entitlement Funds from the CDBG Program, the City
of Buffalo is also entitled to apply for HUD Section 108 Loans; and
Whereas: The Section 108 Loan funds are used to carry out programmed
projects and/or as loans to businesses located within the City; and
Whereas: Whenever said loans are not repaid by the borrowers, the City of
Buffalo must use CDBG Entitlement Funds to pay Section 108 Loan obligations,
thereby reducing the amount of CDBG funds available for other eligible
purposes; and
Whereas: The Buffalo Enterprise Development Corporation (hereinafter
referred to as "BEDC") administers the Section 108 Program.
Now Therefore Be It Resolved That:
This Honorable Body hereby directs the BEDC in its Section 108
underwriting criteria to require that all HUD Section 108 Loans be secured as
fully as possible.
Be It Further Resolved That:
The securitization shall include, but not be limited to, the use of
mortgages, personalty security filings and personal guarantees of individuals.
Be It Further Resolved That:
This Resolution shall be effective for all HUD Section 108 loans
approved/included in the 20th Year CDBG Program, as well as, all subsequent HUD
Section 108 Loans.
REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT, THE COMMISSIONER OF
COMMUNITY DEVELOPMENT, THE US DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT AND
THE BUFFALO ECONOMIC DEVELOPMENT CORP.
No. 153
By: Messrs. Helfer and Zuchlewski
Union Concessions and Restoration of Positions
Whereas: The City of Buffalo is in the midst of a fiscal crisis;
and
Whereas: The Mayor has proposed the elimination of 97 filled positions in
his budget proposal; and
Whereas: The Common Council feels there is time to work cooperatively with
union leadership to restore the filled eliminated union positions; and
Whereas: The Common Council is concerned that the reduction of work force
will negatively effect the services provided; and
Whereas: Standard and Poor's has advised Buffalo that they need to show a
partial ability to fix its own problems through structural reform; and
Whereas: Structural changes are necessary to balance the budget for this
fiscal year and every year in the future; and
Whereas: Any particular union that is willing to negotiate for the express
purpose of keeping their membership employed should directly reap the benefits
of their negotiations; and
Whereas: Any positions which were eliminated due to reorganization and
consolidation should be given preferential treatment for restoration in other
areas; and
Now Therefore Be It Resolved:
That this Common Council shall establish a policy that any structural
cost savings directly attributable to that particular union will be used to
reinstate filled eliminated positions in the 94-95 budget to that particular
union's membership.
Be It Further Resolved:
The Common Council will attempt to make further cuts in the Mayor's
recommended budget to restore positions.
Mr. Pitts moved to refer this item to the Committee of the Whole.
Seconded by Mr. Helfer.
Mr. Zuchlewski moved to amend to Adopt the above item.
Seconded by Mr. Helfer.
LOST.
AYES- FAHEY, HELFER, LOCKWOOD, PERLA, ZUCHLEWSKI- 5.
NOES- ARTHUR, BELL, COLLINS, COPPOLA, CZAJKA, FRANCZYK, LOTEMPIO, PITTS- 8.
Mr. Bell now moved to Receive and File the above item.
Seconded by Mr. Collins.
ADOPTED.
AYES- ARTHUR, BELL, COLLINS, COPPOLA, CZAJKA, LOTEMPIO, PITTS- 7.
NOES- FAHEY, FRANCZYK, HELFER, LOCKWOOD, PERLA, ZUCHLEWSKI- 6.
No. 154
By: Messers. Perla, Pitts and Arthur
In Memoriam Thomas A. Diina
Whereas: Thomas A. Diina recently passed on to his eternal reward;
and
Whereas: He began his service with the City of Buffalo as a Council Clerk in
the City Clerk's Off ice on September 7, 1960, and retired as a Senior Council
Clerk on March 2, 1983; and
Whereas: During those 23 years this decorated World War II veteran served
under five City Clerks and five Mayors, and earned a reputation as an exemplary
public servant; and
Whereas: Tom Diina's private life was characterized by his devotion to his
family as a husband to the former Grace Mecca; a father to Anthony, Rocco and
Thom; and grandfather to Tracy, Wendy, Tom, Rebecca, David, Rocco, Kathleen,
Jonathan and Jane; and
Whereas: He was also able to find time to be an active member of numerous
political, fraternal, social, and religious organizations, and was a valued and
trusted confidant to governors, mayors, and many government officials on the
city, county, state, and federal levels; and
Whereas: Probably his most enduring trait was his unique ability to make the
people he was with feel the value of their own importance;
Now, Therefore Be It Resolved:
That this Common Council extends its most sincere sympathies to the Diina
Family, and laments the great loss experienced by all who knew Tom Diina as a
conscientious public official, a dedicated family man, and a true and loyal
friend; and
Be It Further Resolved That:
That, when this honorable body adjourns this day, it does so in memory of
the late Thomas A. Diina.
ADOPTED.
No. 155
By: Mr. Perla
Framed and Engrossed Copy
That the City Clerk is hereby directed to have the foregoing
Memorialization
for Thomas A. Diina, framed and engrossed at a cost not to exceed $100.00.
ADOPTED.
No. 156
By: Mr. Pitts
Home Rule Message S. 7951; A 11468
Amend Local Finance Law
Sale of Bonds and Notes of the
City of Buffalo
Whereas: There has been introduced in the New York State Legislature
Senate Bill S. 7951 and Assembly Bill A. 11468, "An Act to amend local finance
law, in relation to the sale of bonds and notes of the city of Buffalo"; and
Whereas: The purpose of the Bill is to extend for one year a funding
mechanism used by the city for projects requiring immediate attention; and
Whereas: This Act amends Section 54.30 of the Local Finance Law to extend
the provisions of this section from June 30, 1994 to June 30, 1995;
Now, Therefore, Be It Resolved:
That the city of Buffalo hereby requests the enactment into law of Senate
Bill S. 7951 and Assembly Bill A. 11468, "An Act to amend the local finance
law, in relation to the sale of bonds and notes of the city of Buffalo"; and
Be It Further Resolved That:
That the City Clerk is hereby authorized and directed to certify passage
of this resolution and to send copies thereof to the Home Rule Counsel of the
Senate and the Assembly and to the members of the Western New York Delegation
of the State Legislature.
ADOPTED.
No. 157
By: Mr. Pitts
Permission To Enter Into Agreements For Traffic Signal Work
Whereas: The United States Government, the State of New York and
the County of Erie propose projects that involve modifications of traffic
signal facilities within the City of Buffalo; and
Whereas: These traffic signal facilities are wholly maintained and operated
by the City of Buffalo Department of Public Works, Division of Engineering; and
Whereas: The modifications to be made involve the reconstruction,
rehabilitation and/or relocation of these traffic signal facilities; and
Whereas: These modifications are provided by the aforementioned agencies in
contract documents for each project, all of which must be approved by the
Department of Public Works, Division of Engineering prior to the start of work.
Now, Therefore, Be It Resolved:
That the Common Council of the City of Buffalo hereby authorizes the
Commissioner of Public Works to enter into agreements prior to the construction
of various projects with the United States Government, the State of New York
and the County of Erie, such as he may deem fair, equitable and proper for
services rendered by the Division of Engineering for the reconstruction,
rehabilitation and/or relocation of traffic signal facilities, with the
understanding that the City of Buffalo will continue to operate and maintain
these facilities upon completion and acceptance of these projects.
ADOPTED.
No. 158
By: Mr. Pitts
Cable Television Basic Service Rates
Item No. 202 C.C.P. 10/19/93
Whereas, on January 3, 1994, the City of Buffalo filed with the
Federal Communication Commission a petition seeking certification to regulate
basic cable service rates;
Whereas, within the subsequent thirty (30) day period neither the Federal
Communication Commission nor the current cable operator, TCI of New York, Inc.,
filed any objection to the proposed certification;
Whereas, on May 3, 1994 (Item No. 170 C.C.P. 5/3/94) the City of Buffalo
adopted a resolution which mandated that the City will follow the Federal
Communication Commission's rate regulations for basic cable service; included
procedural regulations allowing for public participation in rate regulation
proceedings; included a statement that the City possesses the personnel and
resources necessary to administer cable rate regulations; and identified the
name of the cable television franchisee to be regulated;
Whereas, the City of Buffalo desires to begin the regulation of basic
cable service rates and associated equipment;
Whereas, in order to begin to regulate basic cable service rates and
associated equipment, the City must serve notice on the cable operator that it
has passed the required resolutions and is initiating basic cable service rate
regulation;
Whereas, in order to inform certain regulatory agencies of the status
basic cable rate regulation in the City of Buffalo this notification should
also be served on the Federal Communications Commission and the New York State
Commission on Cable Television;
Now, Therefore, Be It Resolved:
That, the City Clerk is hereby directed to forward by registered mail,
return receipt requested, a certified copy of Item No. 170, C.C.P. May 3, 1994
along with the following statement:
"Please be advised that as indicated in the enclosed Resolution (Item No.
170, C.C.P. May 3, 1994) the City of Buffalo, New York has been certified by
the Federal Communication Commission to regulate rates for the basic service
tier and associated equipment and is hereby providing notice of the initiation
of this regulation" to the following entities:
TCI of New York, Inc.
Buffalo Cable System
2585 Main Street
Buffalo, N.Y. 14214-2080
Attn.: Paul J. Meeghan
Tele-Communications, Inc.
Terrace Tower II
5619 DTC Parkway
Denver, Colorado 80111
Attn.: John C. Malone, President and Chief Executive Officer
Federal Communication Commission
Attn: Cable Franchising Authority Certification
P.O. Box 18539
Washington, D.C. 20036
New York State Commission on Cable Television
Tower Building
Empire State Plaza
Albany, N.Y. 12223
PASSED.
AYES- 13 NOES- 0.
No. 159
By: Mr. Zuchlewski
Investigate Tax Exempt Garbage and Trash Pickup
Whereas: In the City of Buffalo, approximately 33.41% of the property
is tax exempt, and
Whereas: The remaining 66.59 % of property owners pay property taxes to
support services to the entire City of Buffalo including Police, Fire, snow
removal, street repair, garbage and trash pickup, and
Whereas: For a number of years, it has been discussed among the City leaders
that tax exempt properties should pay their fair share for services provided by
the City, and
Whereas: In the 1992-93 budget proceedings, a "user fee" was discussed as a
measure to close the budget deficit, and
Whereas: The storm of opposition to the proposed "user fee" was so
overwhelming, all further discussion ended regarding the idea of a "user fee,"
and
Whereas: The reason for the opposition to the "user fee" was because the
Common Council was advised by the Law Dept. that any fee would also have to be
placed upon the property tax payers in addition to the tax exempt properties,
and
Whereas: While many people feel it is not fair that property tax payers must
pay for the services of those who don't pay property taxes, there didn't seem
to be any manner to hold the taxpayers harmless in any proposal, and
Whereas: The City of Buffalo may be morally obligated to protect the tax
exempt properties from a Police and Fire standpoint and to repair and plow
streets, and
Whereas: One of the largest expenses in the City budget is for the pickup
and disposal of garbage and trash, and
Whereas: Maybe we cave reached the point where we can no longer provide
these services for free, and
Now, Therefore, Be It Resolved:
That this Common Council request an opinion from the Corporation Counsel
on whether the City of Buffalo is obligated to provide garbage and trash
removal services from tax exempt properties for free.
Be, It Further Resolved:
That this Common Council request opinions from the Dept. of Assessment,
Street Sanitation and the Comptroller on the identification of tax exempt
properties and if it is feasible to cease the free removal of garbage and trash
from these properties.
Be It Finally Resolved:
That this Common Council does not include anyone with a partial tax
exemption in the definition of tax exempt properties.
REFERRED TO THE COMMITTEE ON FINANCE, THE COMMISSIONER OF ASSESSMENT, THE
COMMISSIONER OF STREET SANITATION AND THE CORPORATION COUNSEL.
No. 160
By: Mr. Zuchlewski
Support Parks Department Program on Elm Leaf Beetles
Whereas: This Council has been consistently concerned about the
use of toxic chemicals to reduce Buffalo's Elm Leaf Beetle population; and
Whereas: The beetles can be a problem because they can defoliate elm trees
and they can become a nuisance when they settle in homes after their feeding
season; and
Whereas: The Buffalo Pest Management Board has produced strong environmental
and health-based arguments against the spraying of the chemical sevin to kill
the beetles and this Council has urged the Parks Department to cease using
sevin; and
Whereas: The new Parks Commissioner has heeded these calls and has stated
that he will not be using sevin this season; and
Whereas: The Commissioner and the Pest Management Board have worked together
on a program that focuses on public education for this year; and
Whereas: This program will include the door-to-door delivery of a letter to
houses near the elms, explaining the reasons for the cessation of spraying and
outlining steps homeowners can take to reduce beetle related problems; and
Whereas: In addition, where trees have shown a high degree of infestation by
adult beetles, the Parks Department will offer to take appropriate non-toxic
measures to reduce the second generation of beetles such as vacuuming pupae
from the base of the tree and/or banding the trunk with a non-toxic pest
trapping adhesive;
Now Therefore Be It Resolved That:
This Common Council supports Commissioner Durawa in his efforts to
implement a least-toxic policy for the treatment of the city's elms.
ADOPTED.
AYES- ARTHUR, BELL, COLLINS, COPPOLA, CZAJKA, FAHEY, FRANCZYK, LOTEMPIO, PERLA,
PITTS, ZUCHLEWSKI- 11.
NOES- HELFER, LOCKWOOD- 2.
No. 161
By: Mr. Zuchlewski
Authorization to Apply For Environmental Quality Bond Act
Historic Preservation Grants
Whereas: Approximately $1 million in 1986 Environmental quality
Bond Act (EQBA) funds are available for historic preservation projects from the
New York State Office of Parks, Recreation and Historic Preservation (OPRHP);
and
Whereas: OPRHP is accepting applications for historic preservation
development grants up to $50,000 for eligible projects costing no more than
$150,000; and
Whereas: The restoration of the rear stairs at the Buffalo and Erie County
Historical Society meet minimum EQBA Historic Preservation Eligibility
requirements; and;
Whereas: The City of Buffalo desires to cooperate with PARKS and will make
available $50,000 in matching funds as follows: $22,942.89 remaining in
Division of Buildings Capitol Bond Fund 200-402-064 (1986-87) and $27,057.11
in-kind services from city staff; and
Whereas: The application deadline for said EQBA funds is May 13, 1994;
Whereas: The OPRHP requires the local governing body authorize the Mayor to
apply for said EQBA grants.
Now, Therefore, Be It Resolved By The Common Council of the City of Buffalo:
That the Mayor of the City of Buffalo be, and hereby is, authorized to
submit EQBA Historic Preservation Grant Applications for the Buffalo and Erie
County Historical Society to the OPRHP; and
That the Mayor of the City of Buffalo be, and hereby is, authorized to
enter into and execute project agreements for such financial assistance, upon
such terms and conditions prescribed by OPRHP; and
That the Mayor of the City of Buffalo be, and hereby is, authorized to
execute whatever other documents of take measures which are necessary to
effectuate such financial assistance.
ADOPTED.
No. 162
By: Mr. Zuchlewski
Report of Free Season Tickets Given To Any City Official, Members
of City Boards or Agencies
Whereas: There have been reports that Public Officials and members
of a City Broad or Agency may have received complimentary gifts from the
Bisons, Blizzards, Bandits or Sabres; and
Whereas: Reports also indicate that some of these individuals have not
reported them on their Annual Disclosure Statement which is a violation of
Chapter 12, Code of Ethics of the City Ordinances.
Now, Therefore Be It Resolved That:
The Buffalo Bandits, Buffalo Sabres, Buffalo Bisons and the Buffalo
Blizzard file a report with the Common Council detailing all gifts aggregating
in excess of $100.00 to any City Official or member of any City Board or
Agency.
Be It Further Resolved That:
Upon passage of this resolution the City Clerk is directed to send
certified copies of this resolution to the Buffalo Bandits, Buffalo Sabres,
Buffalo Bisons and the Buffalo Blizzard
ADOPTED.
No. 163
By: Mr. Zuchlewski
Request Board of Ethics File With The Common Council A List of
Required Individuals Who Have Not Filed Their Annual Disclosure Statements
Whereas: The issue has been raised that there may be individuals
who are required to file Annual Disclosure Statements who have failed to file
their statements by the required date; and
Whereas: All individuals required to file an Annual Disclosure Statement
should have filed their Disclosure Statements with the Board of Ethics in care
of the City Clerk by February 28, 1994; and
Whereas: The purpose of the Annual Disclosure Statements is to assure that
all required individuals are in compliance with the New York State Law and
Chapter 12, Code of Ethics of the City Ordinances; and
Whereas: then individuals fail to file their Annual Disclosure Statements,
or fail to file them completely and properly, questions and concerns raised
which compound the problem; and
Whereas: Section 12-26 of Chapter 12 states that "Any individual who
knowingly and willfully fails to file an Annual Disclosure Statement or who
knowingly and willfully with intent to deceive makes a false statement or gives
information which such individual knows to be false on such statement could be
assessed a civil penalty in an amount not to exceed ten thousand dollars
($10,000) for each violation."
Now, Therefore Be It Resolved That:
This Common Council Requests the Board of Ethics to file with the Council
a list of all the individuals required by the City Ordinance to file a Annual
Disclosure Statement and a list of all those who have failed to file their
statements as of May 17, 1994; and
Be It Further Resolved That:
The Board of Ethics file a report with the Common Council detailing what
action has been taken against those who have failed to file by the required
deadline and what steps can be taken to insure that in the future all required
Annual Disclosure Statement are filed accurately and by the required deadline.
ADOPTED.
No. 164
By: Mr. Zuchlewski
Felicitations/In Memoriam
Attached hereto are Felicitation and In Memoriam Resolutions sponsored
by Members of the Common Council as indicated:
Felicitation for Marla M. Love Convalescent Fund
By Councilmember Pitts
Felicitation for Firefighter Victor R. Brown, Jr.
By Councilmember Arthur
ADOPTED.
UNFINISHED BUSINESS
No. 165
Bond Res. $50,000 - S. Bflo. Comm. Ctr.
(Item No. 151, C.C.P., May 3, 1994)
Mr. Pitts moved that the above item be taken from the table.
Seconded by Mrs. Lockwood.
CARRIED.
Mr. Pitts now moved that the above item be approved.
Seconded by Mrs. Lockwood.
PASSED.
AYES- 13 NOES- 0.
No. 166
Bond Res. $4,200,000 - Police Pct./Comm. Ctr.
(Item No. 152, C.C.P., May 3, 1994)
Mr. Pitts moved that the above item be taken from the table.
Seconded by Mr. Franczyk.
CARRIED.
Mr. Pitts now moved that the above item be approved.
Seconded by Mr. Helfer.
PASSED.
AYES- 13 NOES- 0.
No. 167
Announcement Of Committee Meetings
The following meetings are scheduled. All meetings are held in
the Council Chambers, 13th floor, City Hall, Buffalo, New York, unless
otherwise noted.
Regular Committees
Claims Tuesday, May 24, 1994 9:00 AM
Civil Service Tuesday, May 24, 1994 9:30 AM
Finance Tuesday, May 24, 1994
Immediately Following Civil Service
Legislation Tuesday, May 24, 1994 2:00 PM
Economic Dev. Wednesday, May 25, 1994, 10:00 AM
Ancillary Committees
Stadium/Aud Task Force Thurs. May 26, 1994 10:00 AM
No. 168
Adjournment
On a motion by Mr. Pitts, Seconded by Mr. Helfer the Council adjourned
at 3:40 P.M.
Charles L. Michaux, III
City Clerk