HomeMy WebLinkAbout94-0920
No. 17
Common Council
Proceedings
of the
City of Buffalo
Regular Meeting, September 20, 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, September , 1994
at 2:00 P.M.
PRESENT- George K. Arthur, President of the Council, and Council
Members Bell, Collins, Coppola, Czajka, Franczyk, Helfer, Lockwood, LoTempio,
Perla, Pitts, and Zuchlewski- 12.
ABSENT- Council Member Fahey- 1.
On a motion by Mr. Pitts, seconded by Mrs. LoTempio, the minutes of the stated
meeting held on September 6, 1994 were approved.
FROM THE MAYOR
No. 1
Reappointment as a Member of the Board of Ethics
Pursuant to the powers vested in me by Section 12-19, Article
II, Chapter 12 of the Buffalo Code, I hereby reappoint, subject to confirmation
by your Honorable Body, Honorable H. Buswell Roberts, residing at 226 Woodward
Avenue, Buffalo, New York 14214, as a member of the Board of Ethics for a term
expiring September 4, 1999.
I hereby certify that Judge H. Buswell Roberts is fully qualified for
reappointment to the Board of Ethics.
Mr. Pitts moved:
That the communication from the Mayor, dated September 2, 1994, be
received and filed; and
That the reappointment of Honorable H. Buswell Roberts, 226 Woodward
Avenue, 14214 to the Board of Ethics for a term expiring September 4, 1999, be,
and hereby is confirmed.
ADOPTED.
No. 2
Appointments to the Citizens Advisory Committee on Community Improvement
Pursuant to the powers vested in me by Article II, section 6-5
of the Code of the City of Buffalo, I hereby appoint the below listed persons
as members of the Citizens Advisory Committee on Community Improvement,
effective September 20, 1994 for terms expiring June 30, 1998:
Nicholas P. Amigone III 24 Argyle Park
Buffalo, 14222
Larry G. Flood 292 Norwood
Buffalo, 14222
Kenneth P. Friedman 69 St. James Place
Buffalo, 14222
Alicia Granto 140 Reese
Buffalo, 14213
Bridget Humann 72 Lancaster Ave.
Buffalo, 14222
Lucy Mateliano 55 Lancaster Ave.
Buffalo, 14222
Lewis Page 195 Weston
Buffalo, 14215
Roy V. Parker 215 Beard Ave.
Buffalo, 14214
Ben Rice, Jr. 355 Cornwall
Buffalo, 14215
Amy Russ 671 Main Street
Buffalo, 14213
I hereby certify that the above listed persons are fully qualified to
serve as members of the Citizens Advisory Committee on Community Improvement.
RECEIVED AND FILED.
FROM THE MAYOR - EXECUTIVE DEPARTMENT
FROM THE CITY PLANNING BOARD
No. 3
Amendment To Zoning Ordinance Regulating Adult Video And Adult Bookstores
Item No. 169, C.C.P., July 26, 1994
The City Planning Board at its regular meeting held Tuesday, September
13, 1994, voted to receive and bile the above zoning amendment, since your
Honorable Body has already approved it (Item No. 214, C.C.P., July 26, 1994).
RECEIVED AND FILED.
No. 4
Upstate Milk Corp. - Request To Place A Wall Mounted Billboard Sign at 206
Scott Street
Item No. 107, C.C.P., July 12, 1994
The City Planning Board at its regular meeting held Tuesday, September
13, 1994 voted to receive and file the above application, since your Honorable
Body has already approved the matter at your meeting of July 26, 1994 (item No.
286).
RECEIVED AND FILED.
No. 5
People Services Inc. - Request To Erect a Non-Illuminated Ground Sign at 2128
Elmwood Avenue
Item No. 135, C.C.P., September 6, 1994
The City Planning Board at its regular meeting held Tuesday, September
13, 1994, considered the above request pursuant to section 387-19 of the
Buffalo Code, Review of Ground Signs.
The applicant seeks to erect a 3 foot by 6 foot, non illuminated ground
sign. The sign will be located entirely on private property.
The site is located in an M1 zone which permits such signage. Under
S.E.Q.R. the proposed sign is considered a Type II action which does not
require further environmental review.
The Planning Board voted to approve the proposed sign.
RECEIVED AND FILED.
No. 6
Tom Lombardo's Inc. - Request To Erect a One-Story Addition And An Outdoor Cafe
at 1198 Hertel Avenue
Item No. 136, C.C.P., September 6, 1994
The City Planning Board at its regular meeting held Tuesday, September
13, 1994, considered the above application pursuant to section 511-59 of the
Buffalo Code, Restricted Uses in the Hertel Special District.
The applicant seeks to construct a one-story masonry building addition to
an existing restaurant. The proposed addition will have a floor area of 859
square feet. In addition, the applicant will develop a courtyard area which
will provide outdoor seating for their patrons. The outdoor area will be
located entirely on private property.
The site is located in the Hertel Special Zoning District which considers
the expansion of eating and drinking places to be restricted uses requiring the
approval of your Honorable Body. Under the Buffalo Code, six off-street
parking spaces would be required for the expansion. The applicant presently
has sufficient off-street parking to accommodate the expansion. Lastly, under
S.E.Q.R. the proposed restaurant additions are considered unlisted actions
which may be studied through uncoordinated review.
The Planning Board voted to approve the proposed restaurant expansion and
outdoor eating area with the following conditions:
1. that all future signage be in compliance with appropriate zoning
regulations
2. that the outdoor eating area be opened until no later than 11:00 p.m.
daily.
3. that the proposed outdoor area not have music played thereon, and
4. that the proposed outdoor cafe does not contain any trash receptacles.
RECEIVED AND FILED.
No. 7
M. Silverstein - Req To Erect a Pole Sign at 2380 Delaware
Item No. 137, C.C.P., September 6, 1994
The City Planning Board at its regular meeting held Tuesday, September
13, 1994, considered the above application pursuant to section 387-19 of the
Buffalo Code (Review of Pole Signs).
The applicant seeks to erect an accessory, illuminated, pole sign with a
sign face area of 95 square feet (12 feet 4 inches by 7 feet 9 inches) and an
overall height of 25 feet. The site is located in a C2 zone. Although the C2
zone permits such signage, the Board felt that the proposed sign was too high
and recommended an overall height of 18 feet. The applicant agreed to this
restriction. Under S.E.Q.R., the proposed sign is considered a Type II action
which does not require further environmental review.
The Planning Board voted to approve the proposed sign on the condition
that its overall height should not exceed 18 feet.
RECEIVED AND FILED.
No. 8
Rite Aid - Request To Use 257 and 259 Auburn For a Restricted Parking Lot
Item No. 139, C.C.P., September 6, 1994
The City Planning Board at its regular meeting held Tuesday, September
13, 1994, considered the above request pursuant to section 511-98 of the
Buffalo Code, Restricted Parking Lots in R Districts.
The applicant seeks to use 257 and 259 Auburn for a restricted parking
lot which will be accessory to a new drugstore situated on the west side of
Grant Street between Auchinvole Avenue and Auburn.
The drugstore is located in a C2 zone while the proposed parking
partially lies in an R2 zone. Your Honorable Body may permit such parking
arrangements but only after a public hearing. Under S.E.Q.R., the proposed
parking is considered an unlisted action which may be studied through
uncoordinated review.
The proposed lots have an area of approximately 8600 square feet and will
accommodate 22 of the total 49-car lot. The lots will be screened in
accordance with the Buffalo Code as well as with a vegetative screening
element.
Given this, the Planning Board voted to approve the proposed restricted
parking lot.
RECEIVED AND FILED.
No. 9
Delta Sonic Car Wash - Request To Erect An Illuminated Pole Sign at 2666
Delaware Avenue
Item No. 132, September 6, 1994
The City Planning Board at its regular meeting held Tuesday, September
13, 1994, considered the above request pursuant to section 387-19 of the
Buffalo Code, Review of Pole Signs.
The applicant seeks to erect an illuminated pole sign with a sign race
area of 80 square feet (8 feet by 10 feet) and an overall height of 26 feet.
The sign will be accessory to a store, car wash and gasoline self service
operation.
The site is located in a CM zone which permits such signage. Under
S.E.Q.R. the proposed sign may be considered a Type II action which does not
require further environmental review.
The Planning Board voted to approve the sign with the condition that its
overall height should not exceed 20 feet.
RECEIVED AND FILED.
No. 10
765 Elmwood L.P. - Request To Convert a Portion Of a Retail Store Into a
Restaurant With a Sidewalk Cafe
[Item No. 133, C.C.P., September 6, 1994
The City Planning Board at its regular meeting held Tuesday September
13, 1994, considered the above request pursuant to sections 413-59 and 511-56
of the Buffalo Code, Review of Sidewalk Cafes and the Expansion of an Eating
and Drinking Establishment in the Elmwood Business District.
The applicant seeks to develop a portion of an existing bookstore
(approximately 600 square feet) into a coffee shop. The applicant is also
seeking to encroach the right-of-way with a sidewalk cafe on the Elmwood Avenue
side of the building. The cafe will consist only of tables which will be
removed nightly. At no time will more than 5 feet of the right-of-way be used.
The site is located in the Elmwood Business zone which permits the
development of eating and drinking places and sidewalk cafes but only after the
approval of your Honorable Body. Under S.E.Q.R. the proposed restaurant
expansion and sidewalk cafe may be considered an unlisted action which may be
studied through uncoordinated review.
The Planning Board voted to approve the proposed sidewalk cafe and
restaurant with the following conditions:
1. that no music be allowed in the sidewalk cafe area
2. that the sidewalk cafe be opened until no later than 11:00 p.m.
3. that there are no trash receptacles allowed in the sidewalk cafe.
RECEIVED AND FILED.
No. 11
Ganco Inc. - Request To Erect a Boat Storage Facility
Item No. 95, C.C.P., June 7, 1994
The City Planning Board at its regular meeting held Tuesday, September
13, 1994, voted to receive and file the above application, since your Honorable
Body had already voted to deny it (Item No. 222, C.C.P., July 26, 1994).
RECEIVED AND FILED.
No. 12
Ganco Inc. - Application To Erect a Boat Storage Building
Item No. 138, C.C.P., September 6, 1994
The City Planning Board at its regular meeting held Tuesday, September
13, 1994, considered the above application pursuant to section 511-67 of the
Buffalo Code, Buffalo Special Coastal Review District.
The applicant seeks to secure a restricted use permit for a building
which he has already built. Moreover, the existing boat storage building was
not constructed in conformance with the original restricted use permit which
had been approved by your Honorable Body (Item No. 138, C.C.P., October 1,
1994) and which delineated a building measuring 72 feet by 79 feet. After the
granting of the permit, the applicant built a boat storage building measuring
325 feet by 104 feet. When this was discovered by the city, the applicant
reapplied for a restricted use permit for the larger building (Item No. 95,
C.C.P., June 7, 1994) and was denied by your Honorable Body (Item No. 222,
C.C.P., July 26, 1994). The applicant reapplied for a third restricted use
permit, which was identical to the second application, at your meeting of
September 6, 1994 (Item No. 138).
Given the fact that the application before the Board is the same as the
application which your Honorable Body had previously denied and that the
applicant has made no attempt to comply with the City Planning Board's tabling
motion of its meeting of July 19, 1994, the Board voted to deny the applicant's
request.
RECEIVED AND FILED.
No. 13
Adquest Holdings - Request To Abandon And Sell
a Portion of Flint Alley
Item No. 108, C.C.P., September 6, 1994
The City Planning Board at its regular meeting held Tuesday, September
13, 1994, considered the above request pursuant to section 317.1 of the City
Charter, Abandonment of Public Rights-of-Way.
The applicant seeks to abandon approximately 150 feet of Flint Alley,
from Delaware Avenue westward. Flint Alley runs from Delaware Avenue to West
Mohawk. It has a right-of-way of 11 feet and a pavement width of 10 feet.
The abandonment is necessary to provide secure access for a proposed
five-story Federal Bureau of Investigation Building to be built on the last
vacant parcel of land on Niagara Square (northwest corner).
The proposed FBI building will complete the street-scape of Niagara
Square as well as complement the city's plans to retain the CBD's role as a
center of governmental activity. Under S.E.Q.R., the proposed abandonment is
considered a Type II action which does not require further environmental
review.
The Planning Board enthusiastically endorsed the partial abandonment and
voted its approval on the condition that its abandonment is agreed to by
abutting owners.
REFERRED TO THE COMMITTEE ON LEGISLATION.
FROM THE BUFFALO ARTS COMMISSION
No. 14
Conservation of Spaulding Portrait
Your Honorable Body is hereby requested to permit the Art Conservation
Department at Buffalo State College to perform a conservation treatment on the
mayoral portrait of Elbridge G. Spaulding (1847) by L. G. Sellstedt at no cost
to the city.
The portrait will be returned in excellent condition no later than July
31, 1995.
Mr. Pitts moved:
That the communication from the Buffalo Arts Commission, dated September
7, 1994, be received and filed; and
That the Executive Director be, and he hereby is, authorized to allow the
Art Conservation Department at Buffalo State College to perform a conservation
treatment on the mayoral portrait of Elbridge G. Spaulding (1847) by L. G.
Sellstedt, at no cost to the city; such portrait to be returned no later than
July 31, 1995.
ADOPTED.
FROM THE COMPTROLLER
No. 15
Certificate of Necessity
Transfer of Funds
Pilot Field - Janitorial
Pilot Field - Capital Outlay
We, Anthony M. Masiello, Mayor and Joel A. Giambra, Comptroller,
do hereby certify, pursuant to Section 42 of the Charter, that it is necessary
that the sum of $1,273 be transferred and reappropriated from the Pilot Field
account for the purchase of Janitorial Supplies, as set forth below:
The amount to be transferred represents an unexpended balance of items
contained in the budget for the current fiscal year and will not be needed at
this time for the purpose for which they were appropriated.
Dated: Buffalo, NY, September 2, 1994
RECEIVED AND FILED.
No. 16
Certificate of Necessity
Transfer of Funds
Exempt Items - Reserve for Capital Improvements
Capital Projects Fund - Division of Buildings
We, Anthony M. Masiello, Mayor and Joel A. Giambra, Comptroller,
do hereby certify, pursuant to Section 42 of the Charter, that it is necessary
that the sum of $14,000 be transferred and reappropriated from the Reserve for
Capital Improvements in Appropriation Allotments - Exempt Items, as set forth
below:
The amounts to be transferred are unexpended balances of items contained
in the budget for the current fiscal year and will not be needed at this time
for the purpose for which they were appropriated.
Dated: Buffalo, NY, September 12, 1994
RECEIVED AND FILED.
No. 17
Certificate of Necessity
Transfer of Funds
Pilot Field - Insurance & Surety & Temporary Services
Pilot Field - Worker's Compensation
We, Anthony M. Masiello, Mayor and Joel A. Giambra, Comptroller,
do hereby certify, pursuant to Section 42 of the Charter, that it is necessary
that the sum of $15,000 be transferred and reappropriated from the Pilot Field
accounts for Insurance & Surety and Temporary Services, as set forth below:
The amount to be transferred represents an unexpended balance of items
contained in the budget for the current fiscal year and will not be needed at
this time for the purpose for which they were appropriated.
Dated: Buffalo, NY, September 15,1994
RECEIVED AND FILED.
No. 18
Certificate of Necessity
Increased Appropriation
Pilot Field - Reserve for Replacements
Pilot Field - Building Repairs & Alterations
We, Anthony M. Masiello, Mayor and Joel A. Giambra, Comptroller,
do hereby certify pursuant to Section 41 of the Charter, that an increase in
the sum of $120,000 in the estimates for the fiscal year beginning April 1,
1994 is necessary in Appropriation Allotments - Pilot Field to meet a
contingency which could not have been reasonably foreseen when the budget was
adopted. The amount of increased appropriation will be met from 420-899002 -
Reserve for Replacements not otherwise appropriated for any other purpose. The
detail of the requirements are set forth below:
Dated: Buffalo, NY, September 13, 1994
RECEIVED AND FILED.
No. 19
Certificate of Necessity
Increased Appropriation
Department of Public Works - Division of Buildings
Comptroller
We, Anthony M. Masiello, Mayor and Joel A. Giambra, Comptroller,
do hereby certify pursuant to Section 41 of the Charter, that an increase in
the sum of $316,885 in the estimates for the fiscal year beginning July 1, 1994
is necessary in Appropriation Allotments - Department of Audit - Comptroller to
meet a contingency which could not have been reasonably foreseen when the
budget was adopted. The amount of increased appropriation will be met from
100-402-000 Revenues City, 402-90000 Buildings Miscellaneous not otherwise
appropriated for any other purpose. The detail of the requirements are set
forth below:
Dated: Buffalo, NY, September 15, 1994
RECEIVED AND FILED.
No. 20
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 honey to finance projects 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's Capital Projects Fund in the amount of $50,000 for
Improvements to Various Playgrounds. The loan will be repaid when Bond
Anticipation Notes or Bonds are issued.
From To Account Repayment Date Total
100 Gen 200 Cap Proj 200-717-075 BAN/Bond Sale $50,000
Mr. Pitts moved:
That the communication from the Comptroller, dated September 14, 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's Capital Projects Fund
in the amount of $50,000 for the Improvements to Various Playgrounds. The loan
will be repaid when Bond Anticipation Notes or Bonds are issued.
PASSED.
AYES- 12 NOES- 0.
No. 21
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 projects 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's Capital Projects Fund in the amount of $50,000 for
the Reconstruction of Various Curbs, Sidewalks & Streets. The loan will be
repaid when Bond Anticipation Notes or Bonds are issued.
From To Account Repayment Date Total
100 Gen 200 Cap Proj 200-401-014 BAN/Bond Sale $50,000
Mr. Pitts moved:
That the communication from the Comptroller, dated September 15, 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's Capital Projects Fund
in the amount of $50,000 for the Reconstruction of Various Curbs, Sidewalks and
Streets. The loan will be repaid when Bond Anticipation Notes or Bonds are
issued.
PASSED.
AYES- 12 NOES- 0.
No. 22
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 projects 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's Capital Projects Fund in the amount of $350,000 for
the Reconstruction of the Animal Shelter Building. The loan will be repaid
when Bond Anticipation Notes or Bonds are issued.
From To Account Repayment Date Total
100 Gen 200 Cap Proj 200-402-099 BAN/Bond Sale $350,000
Mr. Pitts moved:
That the communication from the Comptroller, dated September 15, 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's Capital Projects Fund
in the amount of $350,000 for the Reconstruction of the Animal Shelter
Building. The loan will be repaid when Bond Anticipation Notes or Bonds are
issued.
PASSED.
AYES- 12 NOES- 0.
No. 23
Results of Negotiations 258 Shumway, W 250' N Paderewski
Lot Size: 30' x 105'
Assessed Valuation: $2,400
Item No. 22, C.C.P. 11/3/93
In the above referenced item Your Honorable Body authorized the
Office of the Comptroller, Division of Real Estate, to negotiate a private sale
with Aubrey Staley, Jr., 254 Shumway, Buffalo, New York, to purchase the above
captioned property for extra yard space.
An independent appraisal of the property was conducted by James H. white,
Appraiser, 537 Humboldt Pkwy., Buffalo, New York 14208. He has estimated the
fair market value of the property to be Six Hundred Dollars ($600.00). His
estimate represents approximately Nineteen cents (.19) a square foot. The
Division of Real Estate has investigated the sales of similar properties in the
area. Sale prices range from Twenty-Eight Cents (.28) a square foot to
Forty-Nine Cents (.49) a square foot.
The results of our negotiations are that Aubrey Staley, Jr. has agreed
and is prepared to pay Nine Hundred Dollars ($900.00) for the subject property.
This represents approximately an offer of Twenty-Nine Cents (.29) a square
foot. Mr. Staley has also agreed and is prepared to pay for the cost of the
appraisal, transfer tax, recording fees and the cost of the legal description.
I am recommending that Your Honorable Body approve the sale of 258
Shumway to Mr. Aubrey Staley, Jr. in she amount of Nine Hundred Dollars
($900.00). I am further recommending that Your Honorable Body authorize the
Corporation Counsel to prepare the necessary documents for the transfer of
title and that the Mayor be authorized to execute same.
Mr. Pitts moved:
That the communication from the Comptroller, dated September 1, 1994, be
received and filed; and
That the offer of Aubrey Staley, Jr., 254 Shumway, in the sum of $900.00
(Nine Hundred Dollars) to purchase the property described as 258 Shumway, be
and hereby is accepted; and
That the Corporation Counsel shall prepare the necessary documents for
the transfer of title and that the Mayor be authorized to execute the same, in
accordance with the terms of sale upon which the bid was submitted, provided,
however,
That the appraisal requested by the City of Buffalo shall be paid by the
purchaser; and
That the transfer tax, recording fees and cost of legal description shall
be paid by the purchaser.
PASSED.
AYES- 12 NOES- 0.
FROM THE PRESIDENT OF THE COUNCIL
No. 24
Executive Secretary to the Council President Appointment.
I hereby appoint Donald R. Lee, 40 University Rd., Buffalo, New
York, Executive Secretary to the Council President, effective Monday, September
19, 1994.
RECEIVED AND FILED.
No. 25
Sr. Legislative Assistant to the Council President Appointment
I hereby appoint Theron E. Ross, 100 Oxford Avenue, Buffalo, New
York, Sr. Legislative Assistant to the Council President, effective Monday,
September 19, 1994.
Mr. Pitts moved:
That the communication from the Council President, dated September 14,
1994, be received and flied; and
That the appointment of Theron E. Ross, 100 Oxford Avenue, as Senior
Legislative Assistant to the Council President, effective Monday, September 19,
1994, be, and hereby is confirmed.
ADOPTED.
No. 26
Objection to Local Assessment
Charge - 135 Krupp Street
Item No. 142, C.C.P. 03-08-94
Pursuant to Section 563 of the Charter and Code of the City of
Buffalo, enclosed is the objection filed by Attorney Hugh M. Russ III to the
Local Assessment Charge in the amount of $25,948 for the demolition of property
assessed as 135 Krupp by Lebis Enterprises.
Enclosed is a copy of Colon Council Proceeding dated November 16, 1993,
Item 113 and March 8, 1994, Item 142 authorizing the emergency demolition of
135 Krupp at a cost of $25,948.00.
Also enclosed are various communications filed with the Common Council
concerning the charge: C.C.P. 11-2-93, Item 61 - C.C.P. 12-28-93, Item 64 -
C.C.P. 1-25-94, Item 51 - and February 22, 1994, Item 129.
REFERRED TO THE COMMITTEE ON FINANCE, THE CORPORATION COUNSEL AND THE
COMMISSIONER OF INSPECTIONS AND COMMUNITY REVITALIZATION.
FROM THE COMMISSIONER OF ASSESSMENT
No. 27
Tax Relief - 938 Broadway
Item No. 265, C.C.P. 07/26/94
Mr. Frederick A. Gelsey signed a Memorandum of Sale on June 6,1994
with the County of Erie at the County's In Rem Tax Foreclosure Action No. 150.
Said Memorandum of Sale states in Item No. 10 that, "All property is sold
subject to the lien of all taxes levied after the date of sale." The City's
real property taxes for fiscal year 1994-95 became a lien against the
aforementioned property on June 20, 1994, fourteen days after the County's date
of sale. Therefore, the City's real property taxes of $14,268.28 plus interest
stand as valid liens against the property. The Real Property Tax Law expressly
prohibits the forgiveness, cancellation and/or abatement of real property
taxes.
RECEIVED AND FILED.
No. 28
Certiorari Proceeding - Rand Building
Fiscal Year 1993-94
This is to advise that the owner, Main Seneca Corporation, instituted
certiorari proceedings on 14 Lafayette Square, Buffalo, New York (known as the
Rand Building), regarding the assessment for the fiscal year 1993-94 (taxable
status date December 1, 1992).
The assessment was reviewed by this Department and the owner expressed a
willingness to settle the proceeding.
The final assessment for the Rand Building for 1993-94 was $5,420.000.
The owner is agreeable to a settlement which would result in a reduction of
$1,020,000 to an assessment of $4,400,000 for the tax year at issue. This
reduction would result in a refund of city taxes of $37,596.52, plus interest
from dates of payment at the statutory rate of 9%. Calculated to October 1,
1994, such interest would total $3,252.01 for a total proposed refund of
$40,848.53.
Based on a review of the current market value of the property, I believe
this settlement would be in the best interest of the City. I recommend,
therefore, this settlement, in which the Department of Law concurs.
The proposed settlement is subject to the approval of Your Honorable
Body.
I hereby request that the Corporation Counsel be authorized to settle the
1993-94 certiorari proceeding on the Rand Building, 14 Lafayette Square, by
reducing the assessment from $5,420,000 to $4,400,000.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 29
Redevelopment Companies - Real Property Tax Bills
This is to inform you that the Department of Assessment has been
attempting to develop a new procedure whereby the real property tax bills for
BRACO I, Buffalo Village Associates, Maryner Associates, and Watergate II
Apartments can be issued as close as possible to the amount that is stated in
their individual agreements with the City of Buffalo.
In order to develop this new procedure, the Department of Assessment on
October 29, 1993 mailed letters requesting documentation of ownership,
financial statements and other items as identified in the attached letters of
October 29, 1993.
A follow-up letter was 'nailed on December 17, 1993 requesting full
compliance with the attached letter of October 29, 1993. Attached are copies
of the Department of Assessment's letters requesting documentation. Also
enclosed is a synopsis of each property owner's reply to our letters of October
29, 1993 and December 17, 1993.
REFERRED TO THE COMMITTEE ON FINANCE AND THE CORPORATION COUNSEL.
No. 30
Liquor License Applications
Item No. 101, C.C.P. 09-06-94
The above item was referred to this department for a report.
We reviewed our records to determine if the individuals and/or
corporations applying for a liquor license owe real property tax, sewer rent,
local assessment and occupancy tax. Please be advised of the following:
1) 1417 Genesee assessed to VJR Holding, Inc., 1317 Genesee, Buffalo, New
York 14211. Our records show as of September 9, 1994 the following City taxes
and sewer rent remain unpaid.
1992-93 $2,392.86
1993-94 $1,915.24
1994-95 $1,543.93
Interest computed as of September 30, 1994.
The occupancy tax is paid. We do not show a local assessment or
ownership of property in the City of Buffalo under the name of Priscilla Y.
Parker.
2) 435 Military assessed to James Ellsworth, 469 Ashford Avenue, Town of
Tonawanda 14150. Our records show as of September 9, 1994, the following City
taxes and sewer rent unpaid:
1992-93 $3,618.30
1993-94 $3,046.90
1994-95 $2,460.95
Interest computed as of September 30, 1994.
The occupancy tax is paid. We do not show a local assessment. The lot
assessed as 437 Military (6' X 130') and assessed to James Ellsworth, 469
Ashford Avenue, Town of Tonawanda, New York is scheduled to be foreclosed on
October 24, 1994. The following City taxes and sewer rent remain unpaid as of
September 9, 1994:
1991-92 $28.43
1992-93 $32.26
1993-94 $81.62
1994-95 $58.04
Foreclosure Fee $300.00
Interest computer as of September 30, 1994.
We do not show a local assessment or ownership of property in the City of
Buffalo under the name of Dean Miceli or Ray A. Naab.
3) 727 Elmwood assessed to Elizabeth Brinkworth, 528 Elmwood Avenue,
Buffalo, New York. Our records show as of September 9, 1994 the following City
taxes and sewer rent remain unpaid.
1992-93 $6,286.57
1993-94 $9,607.76
1994-95 $7,777.58
Interest computer as of September 30, 1994.
The occupancy tax is paid. We do not show a local assessment or
ownership to property in the City of Buffalo under the name of Gregory J.
Giambra. The mailing address for Gregory J. Giambra, 426 - 14th Street, is
assessed to Wendy Giambra. The City taxes, sewer rent and occupancy tax is
paid.
4) 73-75 Allen is assessed as 494 Franklin and assessed to Delaware-Franklin
Partner LP, 1420 Millersport Hwy., Williamsville, New York. They are also the
owners of 561 Delaware. Our records show that the July 1994-95 first half tax
and occupancy tax is paid for 494 Franklin and 561 Delaware. The following
remain unpaid as of September 9, 1994:
494 Franklin
1994-95 Second Half due 12-31-94 $5,559.21
1994-95 Sewer Rent due 09-30-94 $ 458.18
561 Delaware
1994-95 Second Half due 12-21-94 $12,243.64
1994-95 Sewer Rent due 09-30-94 $ 1,009.10
5) 140 Main assessed as 130 Main and assessed to City of Buffalo is exempt
from real property tax and sewer rent. We do not show ownership to property in
the City of Buffalo in the name of New York Sportservice, Inc.
6) 1853 Clinton is assessed to Elaine R. Golimowski, 1853 Clinton Street,
Buffalo, New York. Our records show as of September 9, 1994 the following City
taxes and sewer rent remain unpaid.
1992-93 $ 3,037.83
1993-94 $ 4,355.26
1994-95 $ 3,521.19
Interest computer as of September 30, 1994.
The occupancy tax is paid and we do not show a local assessment
7) 232 Gibson is assessed to Paul Redlinski & Sons, 232 Gibson, Buffalo, New
York 14212. Our records show that the July 1994-95 first half tax and occupancy
tax is paid. The 1994-95 second half tax ($1,173.97) is due December 31, 1994
and 1994 sewer rent ($96.76) is due September 30, 1994. The applicant Sandra
A. Kuntz owns 53 Humason, Buffalo, New York. As of September 9, 1994 the
1994-95 first half City tax ($451.60) due August 1, 1994 is unpaid. The 1994-95
sewer rent ($76.96) is due September 30, 1994 and the 1994-95 second half City
tax ($426.04) is due December 31, 1994.
REFERRED TO THE COMMITTEE ON FINANCE.
FROM THE COMMISSIONER OF PUBLIC WORKS
No. 31
Bond Cancellation; 904 Elmwood Avenue
It is hereby certified that the bond described below be canceled:
Principal: Martin J. Payne, Jr. DBA Marilyn's Deli
Surety: American Manufacturers Mutual Ins. Co.
Amount: $5,000.00
Dated: March 17, 1993
Structure: Awning within right of way
Location: 904 Elmwood Avenue
This bond is no longer necessary due to the fact a replacement bond is on
file. The above captioned bond should be deemed released and canceled as to
future liability in accordance with the provisions of the City of Buffalo
ordinances.
RECEIVED AND FILED.
No. 32
Cancellation of an Auctioneer's Bond
It is hereby certified that the following bond is hereby cancel
led as of the above date because Southern Tier Printers Supply, Inc. is no
longer in business in the City of Buffalo.
Bond Principal: Southern Tier Printers Supply, Inc.
By: Utica National Insurance Group
Amount: $5,000
Bond: SU 1695405
Said bond described is hereby released and canceled as to future
liability in accordance with the provisions of Section 47 of the charter as
amended.
RECEIVED AND FILED.
No. 33
Extension of Time on Contract
Kleinhans Music Hall
Phase III A
In accordance with the terms of the contract between the City
of Buffalo and the following contractors the work on the above project should
have been completed by September 2, 1994.
This is the first extension of time on this project.
I have granted an extension of time to September l, 1995 to the following
contractors:
C-91763300 Clarence Associates, Inc.
C-91763100 A. Gareleck & Sons, Inc.
C-91763800 Frey Electric
C-91763400 D.V. Brown
RECEIVED AND FILED.
No. 34
Monthly Report of Licenses Issued in August 1994
I am respectfully submitting the enclosed report of licenses issued
in the month of August 1994 by the Division of Licenses.
RECEIVED AND FILED.
No. 35
Rate Restructuring Study
Buffalo Water Board
Black & Veatch Engineering has been employed by the Buffalo Water
Board to conduct a rate restructuring study. Attached is a memo from Black &
Veatch outlining 7 alternatives that were brought to the Board for their
review. The Board has asked me to forward this memo to Your Honorable Body for
any input that you see fit.
The Board favors in principle Alternative #4 and Alternative #7, although
they have not made any decision pending your review and input and additional
information to be supplied on how these alternatives may affect rates compared
to the present system.
REFERRED TO THE COMMITTEE ON FINANCE AND THE CORPORATION COUNSEL.
No. 36
Permission to Engage Consultant for Solid Waste Plan and Comprehensive
Recycling Analysis
We are hereby requesting Your Honorable Body's authorization to
enter into a contract with an Engineering Consultant to provide a comprehensive
recycling analysis and solid waste management plan. Funds for this contract
will be made available from the City's Planning Reserve.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 37
Change in Contract Plumbing
Reconstruction of Kleinhans Music Hall, Phase IIIA
I herewith submit to Your Honorable Body the following change
in contract for the Plumbing Reconstruction of Kleinhans Music Hall - Phase
IIIA, Gareleck Plumbing, C91763100.
1. Furnish and install new 4" drain tile under new drain piping in the
boiler room, running it in a new sump with pump and discharge to the existing
storm water pit.
Add $4,924.00
2. Extend new 4" sanitary in women's handicapped toilet room approximately
7' beyond original connection.
Add $1,040.00
The foregoing change results in a net increase in the contract of Five
Thousand Nine-Hundred Sixty-Four and 00/100 Dollars ($5,964.00).
Summary: Original Amount of Contract $65,416.00
Amount of This Change (No. 1) 5,964.00
Revised Amount of Contract $71,380.00
This change could not have been foreseen at the time contract was let.
Costs have been reviewed by the consulting architects and the Department of
Public Works and found to be fair and equitable. Funds for this work are in
B/F 200-402-030 - Division of Buildings.
I recommend that Your Honorable Body authorize the Commissioner of Public
Works to issue a change order to the contractor as set forth above.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 38
Abate Invoice ARA00043 of 2/28/94-Light Standard
On February 8, 1994 the light standard located at 771 Niagara
Street was knocked down. Invoice ARA00043 was sent to the responsible party to
reimburse the City for the cost of the light standard and the labor charge to
have Niagara Mohawk reinstall the standard. According to the Law Department in
their letter of August 19, 1994 (attached) there is insufficient evidence to
legally pursue the collection of this debt. Therefore, since the amount is from
fiscal year 1993-94, and the amount is over $2,000.00 the Audit Department
needs your Honorable Body's permission to abate this invoice.
Therefore, we are requesting your Honorable Body's permission to abate
Invoice ARA00043 of February 28, 1994 in the amount of $2,030.24.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 39
Liquor License Applications
Item 101, C.C.P. 9/6/94
In reference to C.C.P. Item #101, 9/6/94, applications for Restaurant,
Music and Coin Controlled Amusement Devices were mailed to Pricilla Y. Parker,
1417 Genesee Street, Donald Krueter, 1853 Clinton Street and Sandra Kuntz, dba
Market Bar and Grill at 232 Gibson Street. With reference to Player's, 435
Military Road, Gregory J. Giambra, 727 Elmwood Avenue, Diplomat, 73-75 Allen
Street, New York Sportservice Inc., for the Aud Club, 140 Main Street all
applications have been received.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 40
Proposed Closing and Abandonment of a Portion
Of Flint Alley
The letter from Wayne I. Eisenbaum of Acquest Holdings, Inc. dated
August 31, 1994 and addressed to the Common Council has been forwarded to the
Department of Public Works for our report and recommendation. Mr. Eisenbaum's
letter concerns the proposed closing of that portion of Flint Alley, west of
Delaware Avenue and north of Niagara Square.
Flint Alley is a dedicated public street, first appearing in the official
street records under the name of Best Alley on June 29, 1857. Under Supreme
Court Proceeding 58 of November 8, 1923, the City of Buffalo acquired the lands
in question for public street purposes. The lands are described in deed liber
1716 at page 453.
The Department of Public Works would have no objection to the abandonment
and sale of the portion of Flint Alley described in Mr. Eisenbaum's letter,
subject to the following conditions:
1. All the abutting property owners have a direct interest in the alley and,
therefore, Mr. Eisenbaum would be required to obtain the written permission of
those owners before the alley could be abandoned.
2. The portion of the alley in question contains a sewer which is under the
jurisdiction of the Buffalo Sewer Authority. Other underground utilities, both
public and private, may be located within the alley. Easements for the
maintenance, repair, replacement or extension of all existing, legal,
underground utilities must be provided or other acceptable arrangements must be
made with the various utility companies before the alley can be abandoned.
3. The official abandonment of any portion of Flint Alley should not become
final until the deed conveying the property in question, from the City of
Buffalo to the new owner is filed in the Office of the Erie County Clerk.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 41
Crossroads Arena- Install 3 Awnings on Perry St.
Carolyn Hoyt, of Crossroads Arena Corporation, has requested permission
to install three awnings which would encroach city right of way on Perry Street
at the new Crossroads Arena.
The proposed awnings would be located on the south side of Perry Street,
measuring 30 feet in length and project 8.5 feet from the building face into
City right of way.
The Department of Public Works has reviewed Ms. Hoyt's application
pursuant to Chapter 413-56 (awnings, canopies and marquees) of the city
Ordinances and has no objection to your Honorable Body authorizing the
Commissioner of Public Works to issue a "Mere License" for said installation
provided the following conditions are met:
1. That the applicant obtain any and all other City of Buffalo permits
necessary for said installation.
2. That the awnings 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 certificate of
insurance which will indemnify and save harmless the City of Buffalo against
any and all loss and damage arising out of the construction, maintenance, use
and removal of said awning.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 42
Solicitation of Funds Permit for Greenpeace
Attached is an application for Solicitation of Funds for Greenpeace
to solicit funds in the Buffalo area from September IS, 1994 to October 15,
1994. Greenpeace was licensed from August 15 to September 15, 1994 so they are
requesting an additional thirty days to solicit in the Buffalo area.
REFERRED TO THE COMMITTEE ON LEGISLATION.
FROM THE COMMISSIONER OF PARKS
No. 43
School 90 Play Area
I have asked for & received the following bids for School 90 Play
area on September 14, 1994:
BIDDER BASE BID DEDUCT ADD DEDUCT DEDUCT ADD
ALT.1 ALT.2 ALT.3 ALT.4 ALT.5
Birch Grove 58,675 0 7162 1540
359 3009
Gleason's 60,500 220 6798 500
450 2502
ADD ADD ADD
ADD DEDUCT
ALT.6 ALT.7 ALT.8 ALT.9 ALT.10
Birch Grove 4431 1559 11,201 420 1220
Gleason's 3990 985 11,170 720
2105
I hereby certify that the foregoing is a true and correct statement of
the bids received. Birch Grove Landscaping, P.O. Box 117, East Aurora, New York
14052 is the lowest responsible bidder in accordance with the plans and
specifications.
We are accepting the low bid in the following combination of base bid and
alternates
Base Bid - 58,675
+ Add Alt. 2 - 7,162
+ Add Alt. 9 - 420
66,257
- Deduct Alt. 31,540
- Deduct Alt. 1,220
Total 63,497
and are accepting as the total low bid outlined above the amount of $63,497.
I recommend that Your Honorable Body authorize the city to order the work
on the basis of the low bid. Fund for this work are available in Bond Fund
Account 200-601-034.
Mr. Pitts moved:
That the communication from the Department of Parks, dated September 14,
1994, be received and filed; and
That the Commissioner of Parks be, and he hereby is, authorized to award
a contract for School 90 Play area to Birch Grove Landscaping, the lowest
responsible bidder in the amount of $63,497, with said cost to be charged
against the Bond Fund Account 200-601-034.
PASSED.
AYES- 12 NOES- 0.
No. 44
Certificate of Appointment
Appointment effective September 12, 1994 in the Department of
Parks, Division of Recreation, Gary Tomporowski, 129 Bloomfield Avenue, Buffalo
14220, to the position of Recreation Instructor, Permanent, at the Intermediate
starting salary of $23,368.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
FROM THE COMMISSIONER OF POLICE
No. 45
Checks Received
Item No. 104, C.C.P. 2/2/88
Per C.C.P. No. 104 of February 2, 1988, hereto, please find copies
of the following checks
8155-00098426 $ 4356.00
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 630-271-00000.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 46
Info On Request To Trade-in Equipment
At the present time, the Buffalo Police Detective Division is
in the process of updating some of our equipment. Currently, the machines used
by the Department for dictating purposes are approximately 14 years old.
We are now trying to purchase dew machines, which are out for bids and if
we receive a contract with the Automated Office Products of WNY, Inc., we can
trade in our old machines for a discount on the new machines.
We are requesting permission from the Council to trade in city owned
machines if this purchase goes through with the named company.
If this request is approved, this office will need a Council approval
number to go ahead with the trade-in. I thank you in advance for your
consideration of this request.
REFERRED TO THE COMMITTEE ON FINANCE, THE COMMISSIONER OF ADMINISTRATION AND
FINANCE AND THE CORPORATION COUNSEL.
FROM THE COMMISSIONER OF FIRE
No. 47
Buffalo Color Corporation Spill
On August 12, 1994, an on-site investigation was conducted jointly
by the Buffalo Fire Department and the Buffalo Sewer Authority at the Buffalo
Color Corporation property on Lee Street.
It was determined that the spill of a 50% solution of sodium hydroxide
which occurred earlier that day, was released into the sewer system and not the
Buffalo River as originally reported. The release was properly reported and
documented by the Sewer Authority and did not qualify for further action,
according to legal standards governing such incidents.
REFERRED TO THE COMMITTEE ON LEGISLATION.
FROM THE COMMISSIONER OF COMMUNITY DEVELOPMENT
No. 48
Correction to Increase in Contract
Massachusetts Avenue Playground Site Work
Item No. 77, C.C.P. 9/6/94
In the above referenced item Your Honorable Body authorized an
increase in contract of $1,882 with Birch Grove Landscaping and Nursery, Inc.,
for extra work at the Massachusetts Avenue Playground. The Contract number was
improperly listed as 91782100. The correct number is Contract No. 91792100.
This communication is for information purposes only.
Mr. Pitts moved:
That the communication from the Department of Community Development,
dated September 15, 1994, be received and filed; and
That the correction should read Contract No. 91792100 and not Contract
No. 91782100 as stated in item No. 77, C.C.P., 9/6/94.
ADOPTED.
No. 49
Reply Liquor License Application - Niagara & Virginia Sts
C.C.P. 22, 9/6/64
I have received and reviewed your request for information regarding
the above mentioned item with the following comments:
1. Specifically the Harbour Place Marina owes City Taxes and Sewer Rent for
2192 Niagara Street in the amount of $63,594.33 for 1993-94 and $51,896.84 for
1994-95. An additional $38.42 is owed on the 2190 Niagara Street location.
2. A Section 108 Loan in the amount of $1,625,000 was approved by the Dept.
of HUD in June, 1994. An anticipated closing date is scheduled for Friday,
September 23rd.
3. The Section 108 closing documents mandate payment of all tax and sewer
arrears prior to loan closing. If the borrower is unable to pay the tax
arrears prior to closing, the taxes will be paid out of the proceeds of the
Section 108 Loan. Also, the Section 108 Loan Agreement contains a covenant
which requires the borrower to maintain all tax and sewer rents on a current
basis. Upon default of said covenant, BEDC can exercise its option under the
covenant to cure the default by increasing the interest rate or by taking other
action deemed necessary to cure the default.
4. The property located at 26 Virginia Place is owned by Hop, Inc. a
subsidiary of The Pier. James Cosentino, who is a shareholder, has applied for
a Section 108 loan in the amount of $2,200,000 for the Radisson Hotel. Mr.
Cosentino has made payment in full on August 1, 1994.
If you have any further questions or comments, please call me directly.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 50
EAF-Rite Aid, 257-259 Auburn
Item No. 139, C.C.P., September 6, 1994
Attached for your information is the Short Environmental Assessment
Form for the matter referenced above.
Mr. Pitts moved:
That the communication from the City Planning Board, dated September 13,
1994, be received and filed; and
That "Rite Aid - Petition to use 257-259 Auburn for restricted parking"
is an unlisted action as defined in 6 NYCRR Part, 617.2. The Common Council has
approval authority over this item, and is therefore an involved agency as
defined in 617.2. As part of an uncoordinated review, the Common Council has
evaluated an Environmental Assessment Form (EAF) on this item which has been
completed by the applicant (Part 1) and by the City Planning Board (Part II);
and
Having made an independent assessment of the information contained in the
EAF, the Common Council adopts the findings set forth in Part II and, as a
result, finds that this proposed action will not result in any significant
adverse environmental impacts. Therefore, this Common Council issues a negative
declaration.
ADOPTED.
No. 51
EAF-Tom Lombardo- Request To Add A One-Story Addition And An Outdoor Patio to
1198 Hertel Avenue
Item No. 136, C.C.P., September 6, 1994
Attached for your information is the Short Environmental Assessment
Form for the matter captioned above.
Mr. Pitts moved:
That the communication from the City Planning Board, dated September 13,
1994, be received and filed; and
That Tom Lombardo - Petition to use 1198 Hertel Avenue for a one-story
addition and an outdoor patio" is an unlisted action as defined in 6 NYCRR Part
617.2. The Common Council has approval authority over this item, and is
therefore an involved agency as defined in 617.2. As part of an uncoordinated
review, the Common Council has evaluated an Environmental Assessment Form (EAF)
on this item which has been completed by the applicant (Part 1) and by the City
Planning Board (Part II); and
Having made an independent assessment of the information contained in the
EAF, the Common Council adopts the findings set forth in Part II and, as a
result, finds that this proposed action will not result in any significant
adverse environmental impacts. Therefore, this Common Council issues a negative
declaration.
ADOPTED.
FROM THE COMMISSIONER OF STREETS
No. 52
Policy on Issuing Summons and Trash and Garbage Pick Up
(Item #271 C.C.P., July 26, 1994)
The Department has been operating under the same refuse and trash
violation policy for the last ten to twenty years. The system is as follows:
1) Authorized Streets personnel (Commissioner, Superintendents, Supervisors)
site violation of specific ordinance.
2) Copy of summons is placed in door, copy is returned to City Hall office
to be placed into system.
3) Owner of property is notified by mail and has option of paying fine or
requesting a hearing in front of a P.V.B. adjudication officer.
The policy we follow is basically the same as above except we now use
polaroid cameras to document the violations. This was a great help in the case
against the property owner and will allow those who write the ticket to stay in
the field with their employees and not waste countless hours in P.V.B.
PICK-UP FEE PROGRAM
The department, by end of our trash season will have picked up between
56,000 and 57,000 tons (approx 112,000 pounds) of box springs, old televisions,
sofas, etc. To remove volume of this nature in a timely fashion is expensive
and very demanding of the employees and equipment alike. Let me remind your
honorable body, that the equipment and manpower that removes the snow and ice,
in the winter, also picks up trash off the streets in the spring, summer, and
fall months. This season has been non-stop. I, along with my supervisory
personnel, will be looking at the whole trash program with the eye towards
change. A piece of any new program should include a way in which the
department could charge for services that are over and above those mandated by
City Ordinances or the Department of Street Sanitation. Any changes must be
approved by your honorable body.
The only constant cost in a Pick-Up Fee Program, at this time, is the
cost associated with the employment of: one Truck Driver, one Highlift
Operator, and two Laborers. The cost associated with those employees and
equipment is $60.00 per hour. Costs such as travel time and tipping fees (cost
to dump), depends on amount collected. The bidding out of the Transfer Station
contract and all other related cost, are not set at this time. We will have a
better handle on those costs as the bidding process takes shape.
REFERRED TO THE COMMITTEE ON FINANCE.
FROM THE COMMISSIONER OF INSPECTIONS AND COMMUNITY REVITALIZATION
No. 53
Report of Emergency Demolition Bid-
107 Gelston Street
Due to the very serious and hazardous condition of the fire-damaged
building located at the above-stated address, Fire Commissioner Cornelius J.
Keane requested that our department bid this property for immediate emergency
demolition. Inspections were also conducted by this department and it was
determined that immediate action 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 September 11,
1994 and that the contract will be awarded to the lowest responsible bidder:
ADDRESS/OWNER CONTRACTOR/AMOUNT OF BID
107 Gelston Street Maplewood Construction
Michael J. Plague $13,333.00
P.O. Box 355
Buffalo, New York
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 request that upon approval by your Honorable
Body that the cost of the project be charged to the Special Assessment Fund
#500-000-002-00000, and that said cost shall be collected against the owner or
person in possession benefitted, under the provision of Chapter 113 of the
Ordinances.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 54
Update Home Rental Rehab Funds
38 Richlawn, 425 Porter, 7 Zittel
Item #8, 7/12/94
I am respectfully requesting to remove the following Home Rental
Rehab. Project from the Common Council Agenda:
38 Richlawn
As noted in the attached letter, the above property had forty-five (45)
days to submit an "action plan" to correct the lacking documentation. We have
had no response to date from this applicant.
As regards 7 Zittel and 425 Porter, the applicants have responded within
the 45 days requested, however further documentation is needed.
Mr. Pitts moved:
That the communication from the Department of Inspections and Community
Revitalization, dated September 13, 1994, be received and filed; and
That the Commissioner be, and he hereby is authorized to remove 38
Richlawn from the Home Rental Rehabilitation Project because the applicant did
not submit an "action-plan" to correct the lack of documentation.
ADOPTED.
FROM COMMISSIONER OF ADMINISTRATION AND FINANCE
No. 55
Eligible Titles - Early Retirement Incentive
Under this cover please find a list of job titles determined by
the Mayor, in accordance with the state enabling legislation, to be eligible
for participation in the early retirement incentive. A total of 188 positions
have been targeted as eligible, leaving 15 positions untargeted and thus,
ineligible for participation in the retirement incentive. A brief explanation
accompanies each of the positions determined to be ineligible. Please note that
the reasons given for not targeting a position are consistent with the enabling
legislation requirements that:
failure to immediately fill such position upon vacancy would not:
directly result in a reduction of the level of service required or mandated
...; clearly result in a loss of revenue ... or result in substantially
increased overtime or contractual costs...
It is important to emphasize that a great deal of thought went into the
preparation of this list and that all parties were consulted at meetings of the
Joint Budget Committee prior to this list being developed. Unfortunately, it
was not possible to develop a clear consensus on which titles should or should
not be targeted. The attached list represents the administration's best effort
to accommodate the diversity of positions that were articulated at various
meetings of the Budget Committee and still honor the requirements of the state
legislation.
The administration is mindful of the fact that several individuals will
be disappointed by not being targeted but the nature of the task dictated this
result. It simply was not possible to satisfy everyone and it was imperative
to develop a list in a timely manner in order to afford eligible employees
sufficient time to make their decisions regarding retirement.
I am available to discuss this list, and any other issues related to
early retirement, with your honorable body at your convenience.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
FROM THE COMMISSIONER OF GENERAL SERVICES
No. 56
Waiver of Performance Bonds
The Purchase Division of General Services is requesting waiver
of Performance Bonds as follows:
Contract # 6725 Tactical Helmets for Police Department. United Uniform Co.
Total contract $14,914.46
For Purchase of Dog Food. Police K-9 estimated value not to exceed $15,000
For purchase of 1 Police Van estimated value not to exceed $19,500
Mr. Pitts moved
That the communication from the Department of General Services, dated
September 15, 1994, be received and filed; and
That the Commissioner of General Services be, and he hereby is,
authorized to waive Performance Bonds, as more fully described in the above
communication.
PASSED.
AYES- 12 NOES- 0.
FROM THE CIVIL SERVICE COMMISSION
No. 57
Residency Waivers Exempt/Unclassified
Item # 82, June 28, 1994
Please be advised that in reply to your communication of September
B, 1994, this office has received notice that Stephen T. Banko, III and Allan
DeLisle, Confidential Aides to the Mayor, as well as Daniel S. Bicz,
Commissioner, Department of Community Development, have established residence
within the City of Buffalo.
Stephen T. Banko, III, currently resides at 135 Harding Road, Buffalo,
14220; Mr. DeLisle resides at 84 Rand Street, Buffalo, 14216, and Mr. Bicz
currently resides at 13 Marina Park, Buffalo, 14202.
I trust this satisfies your inquiry.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
FROM THE ZONING BOARD OF APPEALS
No. 58
Illegal Parking Pad 161 Blaine
Item #143 C.C.P. 09/06/94
A review of Zoning Board of Appeals' files reveals that no application
for a parking pad has ever been received from anyone representing the
aforementioned property.
RECEIVED AND FILED.
FROM THE CITY CLERK
No. 59
Refunds- Vital Records
The following persons are entitled to refunds from the Vital Statistic
Division due to the fact that their money orders were cashed/deposited to the
city but they only received one copy. Or check/money order was never returned
to them because we could not find the record.
Kim McCormick
2480 McCormick Rd.
No. Java, NY 14133 - Cashed $20 money order but
received only 1 record-other not found.
Vanessa McClain - no record found, never received
10012 Purcell Rd money order back
Richmond, VA 23228 (phone 804-643-0888)
Shirley Fingland
7230 Buffalo Rd.
Churchville, NY 14428 Sent check, which was cashed,
never received copy and now does not want one.
Mr. Pitts moved:
That the communication from the City Clerk, be received and filed; and
That the Comptroller be, and he hereby is, authorized to issue checks to
the above named individuals from the Vital Statistic Division.
PASSED.
AYES- 12 NOES- 0.
No. 60
Resignation- Richard Okoniewski
Attached please find the resignation of Richard F. Okoniewski,
as Deputy City Clerk, effective September 7, 1994.
RECEIVED AND FILED.
No. 61
Auto Allowance
The following departments have filed the required certificate
relative to the granting of automobile transportation allowances for employees
in their respective departments:
Fire - Calvin Worthy
RECEIVED AND FILED.
No. 62
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
2134 Seneca Blackthorn Daniel Nostrant
1680 Elmwood William Damiani, Jr.
16 Allen Bistro Bistro 16 Corp.
REFERRED TO THE COMMITTEE ON FINANCE, THE COMMISSIONER OF ASSESSMENT, THE
COMMISSIONER OF PUBLIC WORKS, AND THE COMMISSIONER OF INSPECTIONS AND COMMUNITY
REVITALIZATION.
No. 63
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- Richard Rott
Parks- Edna Pelonero
Police- Patrick Pascall, Carmen Clark, Daniel Redmond, Samuel Gulisano
City Clerk - Bryant McCoy
RECEIVED AND FILED.
No. 64
Reports of Attendance
I transmit herewith communications received by me, from the various
boards, commissions, agencies and authorities reporting the membership
attendance at their respective meetings:
Board of Ethics
Board of Stadium and Auditorium
Emergency Medical Services Board
Municipal Housing Authority
RECEIVED AND FILED.
No. 65
Notices of Appointments - Council Interns
I transmit herewith appointments to the position of Council Intern.
Mr. Pitts moved the approval of the appointments to the position of
Council Intern.
ADOPTED.
Appointment effective September 13, 1994 in the Department of City Clerk,
Joan M. Brinkworth, 205 Marine Drive 9A, Buffalo, 14202 to the position of
Intern III, Seasonal, at the Flat starting salary of $5.00 hr.
Appointment effective September 12, 1994 in the Department of Common
Council, Jason Merner, 611 Fillmore, Buffalo, 14212 to the position of Intern
II, Seasonal, at the Flat starting salary of $4.25 hr.
Appointment effective September 12, 1994 in the Department of Common
Council, April Carey, 90 Simon St., Buffalo, 14207, to the position of Intern
IV, Seasonal, at the Flat starting salary of $6.00 hr.
Appointment effective September 13, 1994 in the Department of Common
Council, James J. DeNault, 196 Thompson St., Buffalo, NY 14207, to the position
of Intern IV, Seasonal, at the Flat starting salary of $6.00 hr.
Appointment effective September 12, 1994 in the Department of Common
Council, Anita Harden, 125 Lafayette #3, Buffalo, 14213 to the position of
Intern V, Seasonal, at the Flat starting salary of $8.00 hr.
No. 66
Appointments- Mayor's Youth Opportunity & Employment
I transmit herewith appointments made in the Mayor's Youth Opportunities
and Employments Programs.
RECEIVED AND FILED.
Appointment effective September 1, 1994 in the Department of Mayor's
Office, Division of Youth Opportunity and Employment Programs to the position
of Intern IV Seasonal, at the Flat starting salary of $6.00 hr.
Charles E. Tinney, 22 Willowlawn, Buffalo, NY 14214
Janet M. Sieckmann, 155 Densmore St., Buffalo, NY 14220
Appointment effective Monday, September 12, 1994 in the Department of
Mayor's Office, Division of Youth Opportunity and Internship Programs, Claire
B. Alston, 35 E. Depew, Buffalo, New York 14214, to the position of Intern IV,
Seasonal, at the Flat starting salary of $6.00 hr.
No. 67
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 September 12, 1994 in the Department of
Stadium & Auditorium, Division of Memorial Auditorium to the position of
Laborer I, Seasonal, at the Flat starting salary of $6.22/hr.
Michael Ahern, 10 South St., Buffalo, 14204
Alan Bell, Jr., 36 Dodge St., Buffalo, 14209
Frank Bell, 36 Dodge St., Buffalo, 14209
Patrick Bevelock, 73 Vanderbilt St., Buffalo, 14220
James Brundo, 103 Humason Ave., Buffalo, 14211
Sharon Campbell, 147 Marine Dr. Apt. 9H, Buffalo, 14202
Michael Campisi, 88 Arkansas, Buffalo, 14213
Richard Clark, 245 Riley St., Buffalo, 14208
James Cummings, 58 Good Ave., Buffalo, 14220
Ronald Czworka, 126 Hartwell Rd., Buffalo, 14216
Clinton Foster, 804 Humboldt Pkwy., Buffalo, 14211
Walter Griffin, 1039 Smith St., Buffalo, 14212
Mario Hall, 47 Ericson St., Buffalo, 14215
Zanny Harper, 318 Leroy Ave., Buffalo, 14214
Leonard Laufer, 148 Brinkman St., Buffalo, 14211
Keith Littlejohn, 18 Drexel Rd., Buffalo, 14214
Edwin Lorenzo, 726 West St., Buffalo, 14213
Mark Lorenzo, 27 Sherwood St., Buffalo, 14213
Thomas Long, 14 Yale St., Buffalo, 14210
Dennis MacMillan, 217 Rebecca Pk., Buffalo, 14207
Jeffrey Mattewson, 454 Breckenridge St., Buffalo, 14213
Mary McCarthy, 19 McCamley St., Buffalo, 14220
Brian McCarthy, 19 McCamley St., Buffalo, 14220
Timothy McElroy, 670 McKinley Pkwy., Buffalo, 14220
Kurt McGowan, 8 Fields St., Buffalo, 14210
Gary Moore, 488 4th St., Buffalo, 14210
Garrett Murphy, 79 Marine Dr. Apt. 3B, Buffalo, 14202
Charles Mims, 79 Harmonia St., Buffalo, 14211
Peter Nigrelli, 160 Bloomfield Ave., Buffalo, 14220
James Ortwein, 190 Herkimer St., Buffalo, 14213
Walter Polak, 67 Koons St., Buffalo, 14212
Reynaldo Santana Jr., 175 North St., Buffalo, 14201
Darlene Swenton, 42 Philadelphia St., Buffalo, 14207
John Thiry Sr., 62 Pink St., Buffalo, 14206
Edward Tooles, 26 Rose St., Buffalo, 14204
Steven Thompson, 49 Castle St., Buffalo, 14214
Louis Vacanti, 414 Parker Ave., Buffalo, 14216
Franklin Washington, 365 Dartmouth Ave., Buffalo, 14215
Daniel Banko, 96 Huessy Ave., Buffalo, 14220
Maurice Bell, 36 Dodge St., Buffalo, 14209
Appointment effective September 12, 1994 in the Department of Stadium &
Auditorium, Division of Memorial Auditorium to the position of Laborer II,
Seasonal, at the Flat starting salary of $6.92 hr.
Norris Mays, 416 Winslow Ave., Buffalo, 14211
M.T. McNeal, 791 Sycamore Ave., Buffalo, 14212
Marc Coppola, 286 Crestwood Ave., Buffalo, 14216
Denise Bell, 205 Glenwood St., Buffalo, 14208
Ann DiStefano, 2096 Delaware Ave., Buffalo, 14216
Maurice Perry, 818 Elk St., Buffalo, 14210
Kellie Safford, 284 Grape St., Buffalo, 14204
Rebekah Safford, 284 Grape St., Buffalo, 14204
Arlene Simpson, 42 Riverside Ave., Buffalo, 14207
DEPARTMENT OF PARKS
Appointment effective September 6, 1994 in the Department of Parks,
Division of Recreation, MaryAnn Burvid, 128 Sheffield Buffalo 14220, to the
position of Fee Collector, Seasonal at the Flat starting salary of $4.94 hr.
Appointment effective September 12, 1994 in the Department of Parks,
Division of Recreation to the position of Fee Collector, Seasonal, at the Flat
starting salary of $4.94 hr.
Susanne Cannon, 178 Fenton, Buffalo 14206
Robert O'Leary, 100 Ryan, Buffalo 14210
Mark Parsons, 22 Clio Avenue, Buffalo 14220
Michael Fitzpatrick, 324 Downing, Buffalo 14220
David White, 147 William Street, Buffalo 14206
Appointment effective September 12, 1994 in the Department of Parks,
Division of Recreation to the position of Lifeguard, Seasonal, at the Flat
starting salary of $5.20 hr.
Steven Alvarez, 519 South Legion, Buffalo 14220
Jaun Feliciano, 418 Fargo St., Buffalo 14213
Jessica Jayes, 50 Culver, Buffalo 14220
Kathleen Kinney, 1776 William, Buffalo 14206
Michael Karlinski, 349 Walden, Buffalo 14211
Michael Metz, 179 Fenton, Buffalo 14206
Kelly O'Connell, 340 Cumberland, Buffalo 14220
Theodore Bryant Jr., 101 Dodge St., Buffalo 14209
Kevin Hayes, 795 McKinley, Buffalo 14220
Appointment effective September 12, 1994 in the Department of Parks,
Division of Recreation, to the position of Supervising Lifeguard, Temporary at
the Flat starting salary of $5.98 hr.
Regina Barrett, 65 Riverview Pl., Buffalo 14210
Jacob Brozyna, 324 Benzinger St., Buffalo 14206
Roger Harrington, 79 Norman St., Buffalo 14210
Igor Chelombitko, 40 LaForce, Buffalo 14209
Appointment effective September 12, 1994 in the Department of Parks,
Division of Recreation, to the position of Special Service Instructor I,
Temporary, at the Flat starting salary of $ 6.50
Edward Cudmore, 184 Esser Ave., Buffalo 14207
Daniel Karlinski II, 349 Walden Ave., Buffalo 14211
Appointment effective September 12, 1994 in the Department of Parks,
Division of Recreation, to the position of Laborer II, Seasonal, at the Flat
starting salary of $6.92 hr.
Michael Kane, 20 Britt, Buffalo 14220
Vincent McCarthy, 26 Sunset, Buffalo 14207
DEPARTMENT OF CITY CLERK
Appointment effective September 13, 1994 in the Department of
City Clerk, Artha Williams, 391 Washington St. Apt. 310 Buffalo, NY 14203, to
the position of Dog Enforcement Clerk, Temporary, at the Flat starting salary
of $6.22 Hour.
No. 68
Appointments - Temporary, Provisional or Permanent
I transmit herewith Appointments in the various departments made
at the Minimum (Temporary, Provisional or Permanent) and for Appointments at
the Maximum (as per contract requirements)
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
DEPARTMENT OF AUDIT & CONTROL
Appointment effective September 12, 1994 in the Department of
Audit and Control Division of Accounting, Nancy Hammond 477 McKinley Parkway,
Buffalo, NY 14220, to the position of Assistant Accountant, Temporary, at the
Minimum starting salary of $26,230.
DEPARTMENT OF PUBLIC WORKS
Appointment effective September 12, 1994 in the Department of
Public Works, Division of Buildings, Thomas L. DiMaria 105 Admiral Road,
Buffalo, NY 14216, to the position of Bingo Inspector, Temporary, at the
Minimum starting salary of $23,514.
DEPARTMENT OF PARKS
Appointment effective September 14, 1994 in the Department of
Parks, Kenneth Stevens, 106 Timon, Buffalo 14211, to the position of Laborer
II, Temporary, at the Minimum starting salary of $ 9.85 hr.
Appointment effective September 12, 1994 in the Department of Parks,
Division of Recreation, to the position of Recreation Instructor, Permanent, at
the Minimum starting salary of $22,257.
Robert Carnevale, 268 Parker, Buffalo 14214
Matthew Whelan, 280 Choate, Buffalo 14220
DEPARTMENT OF HUMAN RESOURCES
Appointment effective September 8, 1994 in the Department of Human
Resources, Division of Substance Abuse Services, Sophia Kubicki, 411 Schiller
St., Buffalo 14212, to the position of Case Manager, Permanent, at the Minimum
starting salary of $22,654.
NON-OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES
NON-OFFICIAL COMMUNICATIONS
No. 69
AMVETS
Request Refund-Charge for Band Shelter
Less than two weeks ago, our organization of AMVETS concluded
our 50th Annual Golden Anniversary National Convention here in our City of
Buffalo, New York.
Many of us worked very hard to have this convention awarded to our city,
because we all are proud to reside here. Everyone dedicated the past three
years working to prove to the world that Buffalo and the entire Niagara
Frontier are indeed the most beautiful area in the world to reside in.
This convention brought thousands from not only our United States of
America, but delegations from as far away as Taiwan. Yes, we were made very
proud when everyone complemented us not only on the convention we prepared for
them, but of the fact that they were not aware of the beauty of our City.
Another item that we felt very proud of, was the fact that a convention of this
magnitude brought in millions of dollars to our local economy.
When we accepted this undertaking, we realized that we will need to raise
many dollars to finance our obligations. This we done our own way, without
ever asking our City Government to assist us.
For this entire convention, only once did we ask the City of Buffalo
Government for assistance, and that was for the use of the portable band
shelter for one evening at the Buffalo Naval and Servicemen's Park where we
staged a big party for the entire delegation. We were in complete "shock" when
we were informed by the parks department that we must pay a fee of $400.00 for
the use of this shelter. We were informed that this is a ruling of the Buffalo
Common Council and that there are no exceptions made to any group. Yes, we
paid that fee, but I must admit that for the job we done in bringing this major
convention into this city that something as minor as this we would have to pay
for.
Whereas we are still trying to pay all our bills, it would be deeply
appreciated if you as the Council President would look into this matter to see
if our $ 400.00 could be refunded.
REFERRED TO THE COMMITTEE ON FINANCE, THE COMMISSIONER OF ADMINISTRATION AND
FINANCE AND THE CORPORATION COUNSEL.
No. 70
BFLO. COLOR CORP.
Reply To Complaints
The following is Buffalo Color's response to several issues which
arose at the July 29, 1994 legislative hearing. First, however, I am pleased
to advise you that the Company and the Union have agreed to a new collective
bargaining agreement. As a result, the Union employees have returned to work
and the salaried employees have returned to their pre-labor dispute
responsibilities.
With regard to the concern expressed by James Bickhart, international
Representative U.S.W.A., regarding Buffalo Color's alleged failure to respond
to the Union's request for OSHA logs, copies of Company/Union communications on
June 20, June 29 and July 7, 1994 are attached. As you can see, the Union has
failed to respond to the Company's last communication. As I am sure you are
aware, any OSHA related documents or information required to be filed with the
United States Department of Labor can be obtained by anyone through a Freedom
of information Act request to the Department. As is apparent from the enclosed
correspondence, the specific nature and scope of the Union's request is not at
all clear. A broad based search for all safety and industrial hygiene
monitoring records over the last five years would be an extremely extensive and
expensive undertaking.
We also enclose two copies of the report regarding the alleged spill to
the Buffalo River. You will note the facsimile copy which was produced at the
hearing, distorts the word "sewer". The clean copy clearly shows the material
was released to the sewer and not the river.
You also requested information regarding the training materials used with
salaried employees who operated the plant during the recent labor dispute. As
you would expect, much of the information and the materials relates to the
specified details employed in our manufacturing processes. As such, it is
confidential and proprietary business information. We are advised by legal
counsel that the release of such information to the Common Council would, in
all likelihood, make the information generally available to the public. Thus,
the Company is not willing to send a representative sample of such materials to
the Common Council unless you first provide us with written assurances that the
information will be maintained strictly confidential and not shown to any one
but members of the Common Council. In the alternative, you or a member of your
staff and/or a union representative can make arrangements to visit our offices
to inspect but not copy a representative sample of the materials.
As I indicated at the legislative session, the exams given to salaried
employees in order to certify their qualifications for operating the plant are
the same exams that are given to the bargaining unit employees. The
individuals responsible for providing the training to the salaried employees
are the same people that train and qualify the bargaining unit employees after
they receive initial training under normal labor conditions.
The salaried employees assigned to augment the work force are experienced
Buffalo Color employees. Many of them are engineers and technical support
staff who have had a hand in the development of the operating procedures that
govern the processes as well as the design of the operations themselves. They
are intimately aware of our obligations to the community and our customers and
have participated in the development of the safe operating practices of our
Company that are part of the normal job assignments. They were given job
assignments and operating procedures six months prior to the onset of the labor
dispute. As with bargaining unit employees, they received thorough job specific
training, they then progressed to mockup operations in which they processed
water batches, where appropriate, or went through the motions of each
operation, and they successfully completed the testing requirements before any
actual processing operations commenced.
Inevitably the issue of results must be answered, it is the most
articulate answer to any question regarding the adequacy of our efforts. I am
pleased to report that not one incident or serious injury occurred during the
period that salaried employees operated our manufacturing processes.
The Company believes that it has clearly demonstrated its extensive
commitment to the safe and efficient operation of our facility.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 71
CANISIUS COLLEGE
Oppose Landmark Designation Of 15 Eastwood
I am responding on behalf of Rev. Vincent M. Cooke, S.J., President
of Canisius College, to your letter to him of September 7, 1994. Your letter
alerted the College to proposed legislation regarding the designation of 15
Eastwood Place, a property owned by Canisius College, as a landmark, as
submitted by the Preservation Coalition of Erie County. The College vigorously
opposes this action, and I will explain our perspective, although we are not
obligated to respond at this time.
Through two separate purchases, the College has acquired all of the
properties of the former St. Vincent de Paul Parish, including the church, the
rectory, a residence at 13 Glendale Place, and the former school building (now
the Wehle Technology Center).
Of the four buildings, only the rectory is slated for demolition, and the
College has no plans to raze any of the other three properties. The former
school building has been extensively renovated and maintained, and it continues
its original function as a site for educational activity. The residence at 13
Glendale, has recently been refurbished, and it will continue its original
function as a residence. It is presently occupied by the College's Director of
Public Safety. The former church is a featured part of the College's Master
Plan. It will be maintained as a place for College and community assemblies,
and its structure and architectural detailing will not be changed by the
College.
The College maintains that, of the four buildings, it is the former
church only that has historical significance. It was the place of worship for a
major North Buffalo parish; the parish itself was a central point for the
German immigrants who came to Buffalo beginning in the latter part of the
nineteenth century. Canisius is well aware of the tradition associated with
this; in fact, it is a part of this same heritage. The College was founded to
provide educational opportunities to these same German immigrants. The church
is also significant for its architectural style. As noted by the Preservation
Coalition of Erie County, it was the first Byzantine-style church built in
Buffalo. In 1974, the church building was designated a landmark. It would seem,
if the rectory were of comparable significance, it would have been designated
as a landmark at that time, but it was not.
The rectory, although 12 years older than the church, does not have the
same historical significance. It was, after all, merely the offices and
residence of the priests who tended the parish. One cannot help but note that
the Preservation Coalition's application invariably refers to the rectory as
"part of the St. Vincent de Paul Church complex." No evidence is cited by the
coalition that would support a finding that the rectory, by itself, has any
particular significance. The historical significance more truly resides with
the parish as a whole, of which the church building is the most prominent and
symbolic structure. The architectural style of flee rectory seems to be open to
interpretation and, although seldom used in the modern era, is prevalent
throughout Buffalo. The rectory is a common representation of that style. Our
architectural consultants have suggested that it can be argued that Max G.
Beier's career demonstrates considerable competence but was not particularly
distinguished. Further, it is difficult to accept the contention that the
rectory building is an established or familiar visual feature within the City,
because it is located on a side street and situated behind a much larger
building, which blocks the view of it from Main Street. In short, the rectory
building meets none of the criteria required for landmark designation under the
Buffalo City Code.
The rectory was built specifically to be a rectory. Consequently, it is
not particularly suitable for adaptation to other uses. It is too large to be a
family residence, and its second and third floors are unsuitable for office
use. Moreover, the building is not accessible to disabled persons, and the
changes necessary to make it accessible would have the effect of marring its
original appearance. As the application from the Preservation Coalition
attests, the College had originally planned to convert the property to an
admissions facility. We have since determined that the costs associated with
such a conversion would constitute an economic hardship. Enclosed is an
estimate we received from Carmina Silvestri Architects for converting the
building to an admissions house. The estimate, of construction and renovation
costs alone, amounts to over $850,000, several times more than the value of the
property.
The College has plans that would tie the former church building into the
main campus. We believe that the graceful architecture of the church building
should be made as much a part of the campus as possible. In order to blend the
property into the campus, we need to remove the rectory building, so sight
lines are preserved and traffic is accommodated. We hope, eventually, to make
the property on which the rectory currently rests the central entrance to our
main campus property. The proposal to use the rectory property for parking is a
short-term solution only. The number of parking spaces gained is an
insignificant portion of the overall need for parking, which is being addressed
in other ways in our Master Plan.
During the design of the College's Master Plan, our consultant architects
reviewed all potential vehicular entry points to the campus to determine the
best location for the main entrance to flee campus. Reasonable consideration
was given to three or four alternatives, but the only area where Canisius
property on both sides of Main Street overlaps is between Eastwood Place and
Glendale Place. By locating the primary entrance to the campus at that
juncture, a much safer crossing of Main Street would be made possible. We have
tried to retain the rectory throughout the study but, economic considerations
aside, there is no way to develop an appropriate entrance to the College and
keep the building.
As you indicated at yesterday's meeting of the Legislation Committee of
the Common Council, the procedures established for the review of landmark
designation proposals will be followed in this case. Accordingly, regarding
this matter, we expect to receive written notice of all public hearings of the
Preservation Board and Common Council as required by the Buffalo City Code.
There is a technical point in the application that is also inaccurate. It is
alleged that the owner, the College, has been "contacted" regarding this
matter. Your letter to the College was our first notification of consideration
of the rectory for landmark designation. We believe that the procedures
involving the relationship of the Preservation Board to such proposals and the
more direct involvement of the owner should be followed in this case. We
reserve the right to respond further when the appropriate and established
procedures are implemented.
It has been several months since the College first initiated the process
to change the utility of the rectory building property, and I admit that we are
frustrated by the delays associated with gaining the proper permissions. We
know that the proposal to implement this project is reasonable, and we know
reasonable people agree. We hope that you are able to expedite the process so
that we can have an answer on this matter, soon. We trust that our application
for a special use permit will be acted on in one way or the other by the end of
this month. Please let us know if that will not be the case.
Thank you for giving us the opportunity to express our views about this.
We welcome further dialogue on this matter.
REFERRED TO THE COMMITTEE ON LEGISLATION AND THE HAMLIN PARK ASSOCIATION.
No. 72
CROSSROADS
Update On Affirmative Action
Non-Relocation
I wanted to report on a few issues we discussed yesterday morning:
(1) Affirmative Action - Larry Oppenheimer did submit a revised
Affirmative Action Plan prior to the condemnation hearing on August 18. He
subsequently discussed further revisions to the Plan with. Greg Brown on the
19th. Larry and I met last night to make further revisions to the plan which we
will submit to you and Greg this morning.
(2) Term Sheet - As you know, our banks have agreed to revise the term
sheet to incorporate the City's concerns regarding ground rent accruals. We
have previously advised Mike McCarthy that we will not be able to modify the
principle pre-payment provision of the term sheet and cannot agree to
shouldering the City's financial burden for street and utility repair. You
should know that we are paying for utility relocation and sidewalk repair on
site. I understand you will be sending your list. Of issues which we will try
to resolve at the end of the week.
(3) Development and Construction Agreement - We delivered a draft of this
agreement to the City a few months ago. I have asked our lawyers to deliver a
current draft so that we can review it at our meeting on the 2nd.
(4) Non-Relocation - We intend to sign a non-relocation agreement with
the City. Unfortunately, it is going to take some time because the City,
County, State, banks, and concession operator will all be parties to the
agreement. We are willing to sign our version of the agreement with the
understanding that it will be subject to further negotiation.
(5) Early Advance on Construction - You might want to review the interim
Development Agreement we signed with the Mayor in connection with the M.O.U. I
re-read it yesterday and it seems clear to me that the City has already agreed
to advance $2.7 million for subsurface and excavation prior to the loan
closing. I would be interested in your interpretation.
Thank you for your valuable assistance.
REFERRED TO THE AUDITORIUM AND STADIUM TASK FORCE.
No. 73
SALVATORE GUADAGNA
Request Designation-Fireboat Cotter As Historical Landmark
I would appreciate it if the Common Council along with the Administration
would review my request that the Cotter become an historical landmark.
Please forward a copy of my request to the Preservation Board as well.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE BUFFALO PRESERVATION BOARD, THE
COMMISSIONER OF PUBLIC WORKS AND THE COMMISSIONER OF FIRE.
No. 74
LOCAL 282
Info-Response Times Due To Cut Backs
As you may know, on July 1, 1994, the citizens of Buffalo lost
four fire companies due to budget cuts. This action has left the City in a
very dangerous situation, especially the Lower West Side, Downtown and South
Buffalo areas. Three of the four companies covering this area were lost. A
reduction of this type not only threatens the lives of the citizens, but let's
not forget, also property and the lives of the firefighters who respond. There
have been numerous incidents where response times were affected.
Here are just a few examples of the void that has been created by the
closings:
* On August 7, 1994, there was a fire at 244 Prospect Avenue. The
Lieutenant of the first pumper on location described the structure as "fully
involved." Had Engine 13, Ladder 1 and Rescue 2 been open, (All these companies
were first assignment companies to this location.) they could have reduced the
fire damage to the exposure buildings. The manpower to stretch hose would have
been there much sooner. The third pumper on this location came from the East
Side at Broadway and Monroe Street.
* Ladder Co. 7, located at Leroy Street in the Main Street - Fillmore
Area, was dispatched to Niagara and Penfield Streets on July 15, 1994. They
were to respond to an auto accident on the West Side with citizens trapped
inside the vehicle. The remaining West Side company was already responding to
another emergency. It took Ladder 7 more than ten minutes to arrive on the
scene.
* On September 1, 1994, Engine Co. 35 was sent to the Buffalo Botanical
Gardens on a first aid call, for a man having a heart attack. The first due
company, Engine Co. 4, was out on a first aid call. Second due company, Engine
25, was out of service for an hour and a half to receive shots. Third due
company, Ladder 10, was out of service training. Also, Engine 28, a company
which responds to the South Buffalo area, was out of service training. A
Buffalo citizen died on this call. Had Engine Co. 30 been in service, this
death may have been prevented. Engine Co. 30 was located much closer to the
scene than Engine Co. 35, which is located at Clinton and Bailey.
The four companies were closed based on a CAD system being in place and
the construction of a new firehouse. The CAD system is apparently no closer to
being implemented now than it was during budget hearings. Construction of a
new firehouse, which was to be completed by this Spring is still only in the
planning stages.
Response times are extremely critical when the lives of the citizens of
Buffalo are at risk. Fire calls, first aid calls and other emergencies should
at least meet response times set down by the City. The Administration has
decided to shut down four additional companies for training every day for
several hours to meet New York State requirements. They were already well aware
of the State's mandated training before they made the decision to close
companies permanently.
Each company out of service affects the entire City. Response time will
increase with each company out of service. With four companies closed and four
companies out of service training, the citizens will be placed at great risk,
and, obviously, response times will increase. The Citizens of Buffalo were
given a false sense of security by the Commissioner of Fire.
REFERRED TO THE COMMITTEE ON LEGISLATION AND THE COMMISSIONER OF FIRE.
No. 75
NYSABC
Liquor License Review Process
A copy of the Buffalo Common Council's Resolution dated July 26,
1994, concerning involvement of Local government in the review process of
Liquor license applications, has been referred to me for a reply.
Although a possible solution is the designation of individuals from City
agencies such as police, Fire and Environmental Protection to act as liaisons
with the State Liquor Authority regarding license applications, the Members of
the Authority request additional time to review this matter.
Thank you for displaying an interest in the licensing process.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 76
NYSDEC
GELINMAC STORAGE CORP.
Special Operating Condition Permit
Attached, for your information, is a communication grating Gelinmac
Corporation a permit to construct the bakery waste dehydration facility located
at 60 Childs St. This permit authorizes construction and operation of the
stationary air contamination source and aid pollution control equipment
provided the special conditions set forth in the attached letter are satisfied.
REFERRED TO THE COMMITTEE ON Legislation AND THE ENVIRONMENTAL MANAGEMENT
COMMISSION.
No. 77
NIAGARA MOHAWK POWER CORP.
Reply-Closing Customer Service Office
This is in response to your letter of September 7, regarding the
resolution introduced by Councilmember Arthur and referred to you as chairman
of the Committee on Legislation.
The decision to eliminate walk-in service at offices across our service
territory, including 535 Washington Street in the City, is based on a number of
factors including customer convenience, costs, and alternatives available. It
is a business decision that was based on extensive customer research, we
believe it is in the best long-term interest of all our customers, and
therefore do not believe a public hearing -- as requested in the resolution --
would serve any real purpose.
Let me address the specific concerns raised in the resolution, however.
1. Our Washington Street location is one of 26 offices across our service
territory where walk-in service will be eliminated on Oct. 28, 1994. Others in
Western New York include Niagara Falls, Batavia, Dunkirk and Olean. Earlier
this year, we eliminated these services at four other offices, including
Angola.
2. Niagara Mohawk is undertaking an extensive program to upgrade and
improve our telephone service capabilities for both bill- and service-related
questions customers may have. In the past, some customers were required to
handle certain transactions in person, but procedural changes have eliminated
that requirement. Combined with our network of authorized payment agencies, we
can offer more convenient service alternatives, at substantial savings, without
compromising customer satisfaction. Research conducted in the four offices
closed earlier this year bears this out.
3. Conducting business with Niagara Mohawk by telephone or by mail is far
more efficient and cost-effective for both the customer and the company. In
fact, less than two (2) percent of our more than 1.5 million customers use the
walk-in offices.
4. Customers living in the City of Buffalo wishing to pay their Niagara
Mohawk bill in person can do so at more than 95 bill-paying agencies within the
City, and some 1,500 in total across our service territory. There is no
additional charge to the customer imposed by either Niagara Mohawk or the
payment agency for using this service. Over the next several weeks customers
visiting our walk-in centers will be provided with all the information they
need to continue to do business in an efficient and cost-effective manner,
including customer contact telephone numbers and the locations of authorized
payment agencies nearest their homes.
5. Niagara Mohawk is under intense competitive pressures to reduce its
costs without compromising the quality of service. Present and future costs
savings associated with this action will help offset the need for future price
increases.
6. The elimination of walk-in service on Washington Street will affect
approximately 15 jobs at that location. The 132 positions referenced in the
resolution are the total positions affected across our service territory. At a
time when the company is undergoing a significant overall downsizing (1,500
positions eliminated since 12/31/92, plus another 2,000 expected to be
eliminated within the next six months), a major commitment was made to downtown
Buffalo by relocating our Collection Services unit from Syracuse to the
Washington Street facility. This move, which includes extensive renovations of
the building, should be complete by the end of this year and will result in an
overall employment increase in our downtown operation by more than 150
positions.
In closing, let me repeat that this decision was reached only after
extensive research was conducted directly with our customers. We have a
complete communication plan underway to let our customers know what is being
done, and why. Should you or other members of the Council require additional
information, please contact me directly.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 78
PARKSIDE CANDY
Waive Taxes/Penalities-3208 Main St.
This letter is in reference to property taxes owed the City of
Buffalo by Parkside Candy Company at 3208 Main Street for the tax year
1986-1987. The IN Rem Action and Serial number are 28 and 751 respectively.
The property tax due by Parkside Candy for the 1986-1987 year was $6,091.74
(payable in two installments July 31 and December 31,1986.) On June 1,1987 12%
interest was added increase in the amount to $6,822.74. Since then 100%
interest has been added, plus a foreclosure fee of $300 bringing the total due
to $13,945.50.
From the Office of the Commissioner of Administration and Finance we have
received a letter informing us unless this tax bill is paid by September
6,1994, the ownership of our Property at 3208 Main Street will pass to the City
of Buffalo. We are asking that the City of Buffalo waive the tax and penalty
owed by Parkside Candy Company for the tax year 1986-1987. In the following
paragraphs we will explain the reasons why we feel we deserve such
consideration.
In 1985 Parkside Candy Company filed for Chapter 11 bankruptcy.
Inadequate financing, inexperienced management and old, inefficient
manufacturing being the major contributing factors. It was during this period
of time that Parkside got behind in its real estate taxes with the City of
Buffalo. As Parkside fought to reorganize they received a major setback when
the Parkside Candy Factory burnt in September of 1988. Damage to the building
and equipment exceeded $250,000. Being in Chapter 11, insurance was difficult
to secure, and what was available was extremely costly, thus Parkside was
underinsured and only received $80,000 in insurance proceeds. This lack of
insurance funds extended the rebuilding timetable which is still ongoing today.
Not only was there physical damage to the factory but also extensive loss of
wholesale customers, which was the direction management chose in their
reorganization plan.
It goes without saying that Parkside Candy is a Buffalo landmark.
Customers constantly remark about coming to Parkside as a child, as well as
thanking us for keeping it open and not changing the store's atmosphere.
Parkside Candy also employs over 25 people and is an integral part of the
University District. It is also important to mention that all other real
estate taxes including the current periods have been paid.
Parkside Candy assessment value as determined by the City of Buffalo has
doubled over the past years. Parkside applied for a re-assessment of the
properties value in September 1992 but was denied. This is difficult to
understand considering the damage that was done to the property during the
fire, and the amount of work that is still required to make this a complete
structure once again.
Over the past 10 years Parkside Candy management has fought a very steep
uphill battle to keep this business open. Although wholesale business has
grown considerably over the past three years, there are still major costs to be
incurred in finishing the candy manufacturing building as well as upgrading
equipment in the future. Please consider our request to have the taxes and
penalty waived for the tax year 1986-1987 and keep Parkside Candy open and on
the path to continued recovery and growth.
REFERRED TO THE COMMITTEE ON FINANCE, THE COMMISSIONER OF ASSESSMENT AND THE
CORPORATION COUNSEL.
No. 79
J. SILLER
Change Parking Regulations- Beard Ave.
I have enclosed a copy of a petition which was sent to the Traffic
Engineer about three years ago, and clearly shows that there has been a desire
to change the parking regulations on Beard' Avenue for a long time.
I would appreciate it if this would be sent to the Traffic Engineer to
help in his decision regarding the parking regulations on Beard Avenue.
REFEREED TO THE COMMITTEE ON LEGISLATION AND THE COMMISSIONER OF PUBLIC WORKS.
No. 80
PATRICIA TALBOT
Complaints Against Langston-Hughes Institute
Enclosed is the latest series of complaints against Langston-Hughes
Institute. They made my wedding day a "hassle", and their employee made it a
nightmare. I do not want anyone else to go through what I just did. (letter
attached)
REFERRED TO THE COMMITTEE ON FINANCE AND THE LANGSTON-HUGHES INSTITUTE.
PETITIONS
No. 81
Joseph P. Mosey, Jr., owner, petition to use 955 Hertel for a pole sign.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD,
AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT.
No. 82
Robert Mergenhagen, owner, petition to use 25 Mergenhagen for a pole sign.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD,
AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT.
No. 83
John A. Bellanti, owner, petition to use 1585 Clinton St. for a pole sign.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD,
AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT.
No. 84
West Side Rowing Club, owner, petition to use 40 Porter for a one story metal
storage addition.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD,
AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT.
No. 85
L. McGee and Others, request repairs and paving of Berkshire Avenue.
REFERRED TO THE COMMITTEE ON FINANCE, AND THE COMMISSIONER OF
PUBLIC WORKS.
No. 86
V. Schneider & O - Oppose Halfway House at
522 Linwood Avenue
REFERRED TO THE COMMITTEE ON LEGISLATION.
REGULAR COMMITTEES
CIVIL SERVICE
HON. ROSEMARIE LOTEMPIO
CHAIRMAN
No. 87
Appointment
Supervising Hearing Examiner
That Communication No. 68 November 3, 1993 be received and filed
and the Part time appointment of John J. Gannon stated above at the maximum
salary $24,246.00 effective on October 18, 1993 is hereby approved.
PASSED.
AYES- 12 NOES- 0.
No. 88
Appointment
Senior Data Processing Equipment Operator
That Communication No. 19 September 6, 1994 be received and filed
and the Contingent permanent appointment of Michele Szymanski stated above at
the intermediate salary $26,441.00 effective on September l, 1994 is hereby
approved.
PASSED.
AYES- 12 NOES- 0.
No. 89
Appointment
Administrative Assistant
That Communication No. 20 September 6, 1994 be received and filed
and the Permanent appointment of Nancy Schuster stated above at the maximum
salary $31,236.00 effective on August 19, 1994 is hereby approved.
PASSED.
AYES- 12 NOES- 0.
No. 90
Appointment
Assessor
That Communication No. 23 September 6, 1994 be received and filed
and the Contingent permanent appointment of Carl M. Nasca stated above at the
intermediate salary $36,950.00 effective on August 2, 1994 is hereby approved.
PASSED.
AYES- 12 NOES- 0.
No. 91
Appointment
Account Clerk Typist
That Communication No. 49 September 6, 1994 be received and filed
and the Temporary appointment of Kathleen Ellis stated above at the maximum
salary $23,588.00 effective on July 28, 1994 is hereby approved.
PASSED.
AYES- 12 NOES- 0.
No. 92
Appointment
Engineering Aide
That Communication No. 50 September 6, 1994 be received and filed
and the Permanent appointment of Donald Poleto stated above at the intermediate
salary $24,407.00 effective on August 29, 1994 is hereby approved.
PASSED.
AYES- 12 NOES- 0.
No. 93
Appointment
Machine Operator- Water
That Communication No. 51 September 6, 1994 be received and filed
and the Permanent appointment of Thomas Huthmacher stated above at the
intermediate salary $24,439.00 effective on August 15, 1994 is hereby approved.
PASSED.
AYES- 12 NOES- 0.
No. 94
Appointment
Senior Engineering Aide
That Communication No. 52 September 6, 1994 be received and filed
and the Permanent appointment of Salvatore Sciandra stated above at the maximum
salary $28,430.00 effective on August 29# 1994 is hereby approved.
PASSED.
AYES- 12 NOES- 0.
No. 95
Appointment
Superintendent of Traffic Signs & Pavement Markings
That Communication No. 53 September 6, 1994 be received and filed
and the Permanent appointment of Robert Fuchs stated above at the maximum
salary $34,355.00 effective on August 2, 1994 is hereby approved.
PASSED.
AYES- 12 NOES- 0.
No. 96
Appointment
Carpenter
That Communication No. 56 September 6, 1994 be received and filed
and the Permanent appointment of David Calamita stated above at the
intermediate salary $25,254.00 effective on August 1, 1994 is hereby approved.
PASSED.
AYES- 12 NOES- 0.
No. 97
Appointment
Secretary to the Commissioner of Police
That Communication No 58 September 6, 1994 be received and filed
and the Permanent appointment of Michele Graves stated above at the maximum
salary $22,465.00 effective on May 16, 1994 is hereby approved.
PASSED.
AYES- 12 NOES- 0.
No. 98
Appointment
Firefighter
That Communication No. 59 September 6, 1994 be received and filed
and the Permanent appointment of Dwayne Cathcart stated above at the
intermediate salary $31,957.00 effective on August 16, 1994 is hereby approved.
PASSED.
AYES- 12 NOES- 0.
No. 99
Appointment
Firefighter
That Communication No. 60 September 6, 1994 be received and filed
and the permanent contingent appointment of Kevin Hairston stated above at the
intermediate salary $31,957.00 effective on July 28, 1994 is hereby approved.
PASSED.
AYES- 12 NOES- 0.
No. 100
Appointment
Firefighter
That Communication No. 61 September 6, 1994 be received and filed
and the Contingent permanent appointment of Bryan Herring stated above at the
intermediate salary $31,957.00 effective on August 16, 1994 is hereby approved.
PASSED.
AYES- 12 NOES- 0.
No. 101
Appointment
Firefighter
That Communication No. 62 September 6, 1994 be received and filed
and the Contingent permanent appointment of Ronaldo Parker stated above at the
intermediate salary $31,957.00 effective on August 2, 1994 is hereby approved.
PASSED.
AYES- 12 NOES- 0.
No. 102
Appointment
Firefighter
That Communication No. 63 September 6, 1994 be received and filed
and the Permanent appointment of Michael Sequin stated above at the
intermediate salary $31,957.00 effective on August 2, 1994 is hereby approved.
PASSED.
AYES- 12 NOES- 0.
No. 103
Appointment
Firefighter
That Communication No. 64 September 6, 1994 be received and filed
and the Permanent appointment of Michael Wade stated above at the intermediate
salary $31,957.00 effective on July 28, 1994 is hereby approved.
PASSED.
AYES- 12 NOES- 0.
No. 104
Appointment
Dispatcher
That Communication No. 79 September 6,1994 be received and filed
and the Permanent appointment of Ralph Bagarozzo, Jr. stated above at the
intermediate salary $24,941.00 effective on August 15, 1994 is hereby approved.
PASSED.
AYES- 12 NOES- 0.
No. 105
Appointment
Counselor III
That Communication No. 94 September 6, 1994 be received and filed
and the Provisional appointment of Lauris Robinson stated above at the
intermediate salary $24,103.00 effective on August 30, 1994 is hereby approved.
PASSED.
AYES- 12 NOES- 0.
No. 106
Appointment
Manpower Program Coordinator
That Communication No. 95 September 6, 1994 be received and filed
and the Permanent appointment of Rosemary Soffin stated above at the maximum
salary $29,273.00 effective on July 22, 1994 is hereby approved.
PASSED.
AYES- 12 NOES- 0.
No. 107
Appointment
Deputy Director
That Communication No. 96 September 6, 1994 be received and filed
and the Provisional appointment of Joseph Mazza stated above at the maximum
salary $44,218.00 effective on August 15, 1994 is hereby approved.
PASSED.
AYES- 12 NOES- 0.
No. 108
Notice of Appointments - Temp./Prov./Perm./ (Cty Clk)
(Item # 128 CCP July 26, 1994)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 109
Notices of Appointments - Interns
(Item # 104 CCP September 6, 994)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 110
Notices of Appointments - Mayor's Program
(Item # 105 CCP September 6, 1994)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 111
Notices of Appointments - Seasonal
(Item # 106 CCP September 6, 1994)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
FINANCE
HON. DAVID A. COLLINS
CHAIRMAN
No. 112
Renew Lease - Bella Vista Group, Inc.
(Item No. 36, C.C.P., July 26, 1994)
That the Comptroller be, and hereby is authorized to renew the
lease between the City of Buffalo and Joseph A. Cipolla, Bella Vista Group,
Inc. for the lease of 2237 Niagara Street, for a one year period, to commence
on October l, 1993 and expire on September 30, 1994, the annual rental to be
charged is $155.00 (One Hundred and Fifty Five Dollars); and that the
Corporation Counsel to prepare the necessary documents to renew said lease and
that the Mayor be authorized to execute the same.
PASSED.
AYES- 12 NOES- 0.
No. 113
Lafayette Park Ice Rink
(Item No. 37, C.C.P., Sept. 6, 1994)
That the Comptroller be, and hereby is authorized to enter into
a lease between the City of Buffalo and the North Buffalo Community Development
Corporation to operate the Lafayette Park Ice Rink located at 160 Tacoma
Avenue, for a five year period; the annual rental to be charged is One Dollar
($1.00) per year; and that the Corporation Counsel to prepare the necessary
documents to renew said lease and that the Mayor be authorized to execute the
same.
PASSED.
AYES- 12 NOES- 0.
No. 114
Senior Citizens' Immunization Program
(Item No. 258, C.C.P., July 26, 1994)
That the Mayor be, and he hereby is, authorized to enter into
an agreement in the form attached to Item No. 258, C.C.P., July 26, 1994 with
Working Well, Inc. to provide influenza immunizations to senior citizens at
various sites in the City of Buffalo during the fall of 1994 at a cost not to
exceed $8.00 (Eight Dollars) per immunization which shall be paid for by the
recipient.
PASSED.
AYES- 12 NOES- 0.
No. 115
Transfer of Funds
Department of Community Development
Division of Development
Department of Public Works - Division of Buildings
(Item No. 146, C.C.P., Sept. 6, 1994)
That pursuant to section 42 of the Charter and the Certificate
of the Mayor and the Comptroller, the sum of $6,000 be, and the same is hereby
transferred from the Department of Community Development - Division of
Development, said sum is hereby reappropriated as set forth in the above item.
PASSED.
AYES- 12 NOES- 0.
No. 116
Transfer of Funds
Water - Reserve for Capital Improvements
Water - Exempt Items
(Item No. 148, C.C.P., Sept. 6, 1994)
That pursuant to section 42 of the Charter and the Certificate
of the Mayor and the Comptroller, the sum of $18,000 be, and the same is hereby
transferred from Water -Reserve for Capital Improvements, said sum is hereby
reappropriated as set forth in the above item.
PASSED.
AYES- 12 NOES- 0.
No. 117
Transfer of Funds
Department of Street Sanitation - Division of Engineering
(Item No. 149, C.C.P., Sept. 6, 1994)
That pursuant to section 42 of the Charter and the Certificate
of the Mayor and the Comptroller, the sum of $50,000 be, and the same is hereby
transferred from the Department of Street Sanitation, said sum is hereby
reappropriated as set forth in the above item.
PASSED.
AYES- 12 NOES- 0.
No. 118
Amend Ordinance - Coin-Controlled Amusement Devices
(Item No. 155, C.C.P., Sept. 6, 1994)
That in the interest of fairness to small businessmen, this Common
Council requests that the Division of Licenses re-establish the former
licensing fee for coin-controlled devices requiring applicants to pay on a per
device basis.
ADOPTED.
AYES- ARTHUR, BELL, COPPOLA, CZAJKA, FRANCZYK, HELFER, LOCKWOOD, LOTEMPIO,
PERLA, PITTS, ZUCHLEWSKI- 11.
NOES- COLLINS-1.
No. 119
Local Law Intro. 12 (1994)
Payment of Parking Fines by Credit Card
(Item No. 167, C.C.P., Sept. 6, 1994)
That the above item be, and the same hereby is, returned to the
Common Council without recommendation.
Mr. Collins now moved:
That the Local Law as contained in Item No. 167, C.C.P., September 6,
1994, be and the same hereby is approved.
PASSED.
AYES- 12 NOES- 0.
No. 120
Payment of Parking Fines by Credit Card (A&F)
(Item No. 92, C.C.P., Sept. 6, 1994)
That the above item be, and the same hereby is, returned to the
Common Council without recommendation.
Mr. Collins now moved:
That the above item be, and the same hereby is received and filed.
ADOPTED.
No. 121
Certiorari Proceedings - Fiscal Year 1993-94
Charles DoBucki, 40 Cottage Street
(Item No. 38, C.C.P., July 26, 1994)
That the Corporation Counsel be, and he hereby is authorized to
settle the 1993-94 certiorari proceeding on 40 Cottage Street, by reducing the
assessment from $102,500 to $75,000.
PASSED.
AYES- 12 NOES- 0.
No. 122
Transfer of Title - Urban Homestead Program
145 Madison Street
(Item No. 82, C.C.P., Sept. 6, 1994)
That the City-owned property commonly known as 145 Madison Street;
lot size 30 x 109, is hereby designated as Homestead Property, and that the
Mayor be, and he hereby is, authorized to execute a deed transferring said
property to Anthony Kevin Montgomery for the amount of $1.00 (One and No More
Dollars), and all costs of transfer, on the condition the property is cleared
and improved within 6 (six) months and the property is maintained in a sanitary
manner for at least 36 (thirty-six) months.
PASSED.
AYES- 12 NOES- 0.
No. 123
Permission to Negotiate - 472 Sycamore
(Item No. 12, C.C.P., Sept. 6, 1994)
That the Comptroller be, and he hereby is authorized to negotiate
with Mrs. Dolores Blackford of 202 Hamlin Road, for the private sale of 472
Sycamore Street and report to the Common Council the results of such
negotiations.
ADOPTED.
No. 124
Permission to Negotiate - 359 Walnut
(Item No. 13, C.C.P., Sept. 6, 1994)
That the Comptroller be, and he hereby is authorized to negotiate
with Mr. and Mrs. Eldridge Garris of 355 Walnut Street, for the private sale of
359 Walnut Street and report to the Common Council the results of such
negotiations.
ADOPTED.
No. 125
Status - Property 306 Rother (ICR)
(Item # 88 CCP September 6, 1994)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 126
NYSDOT-Ownership-Bridge over Conrail/Exchange
(Item # 95 CCP July 12, 1994)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 127
Bailey-Amherst Business Improvement District
1994-95 Budget
(Item No. 63, C.C.P., June 14, 1994)
(Item No. 164, C.C.P., July 26, 1994)
That the Commissioner of Administration and Finance and the Comptroller
be, and they hereby are authorized to include the 1994-1995 Budget of the
Bailey-Amherst Business Improvement District in the 1994-95 City Budget.
PASSED.
AYES- 12 NOES- 0.
No. 128
Transfer of Title - 26 Harlow
Urban Homestead Program
(Item No. 224, C.C.P., July 26, 1994)
That the City-owned property commonly known as 26 Harlow is hereby
designated as Homestead Property, and that the Mayor be, and he hereby is,
authorized to execute a deed transferring said property to Loretta Rhyme, in
the amount of $1.00 (One and No More Dollars), and all costs of transfer, on
the condition the property is cleared and improved within 6 (six) months and
the property is maintained in a sanitary manner for at least 36 (thirty-six)
months.
PASSED.
AYES- 12 NOES- 0.
No. 129
Permission to Prepare Plans & Specifications
Striping of Various City Streets - 1995
(Item No. 27, C.C.P., Sept. 6, 1994)
That the Commissioner of Public Works be, and he hereby is, authorized
to prepare plans and specifications, advertise for sealed proposals for the
striping of various City Streets - 1995 and return to the Common Council for
approval.
ADOPTED.
No. 130
Permission to Prepare Plans and Specifications
Street Resurfacing Contracts, Various Streets 1994/1995
(Item No. 28, C.C.P., Sept. 6, 1994)
That the Commissioner of Public Works be, and he hereby is, authorized
to prepare plans and specifications, advertise for sealed proposals for street
resurfacing contracts, various streets - 1994/95 and return to the Common
Council for approval.
ADOPTED.
No. 131
Permission to Prepare Plans and Specifications
Repair to City Curbs 1994-1995
(Item No. 29, C.C.P., Sept. 6, 1994)
That the Commissioner of Public Works be, and he hereby is, authorized
to prepare plans and specifications, advertise for sealed proposals for the
repair to city curbs - 1994-95 and return to the Common Council for approval.
ADOPTED.
No. 132
Report of Emergency Demolition - 165 Chester Street
(Item No. 65, C.C.P., 5/31/94)
(Item No. 181, C.C.P., 7/26/94)
That the above item be, and the same hereby is, returned to the
Common Council without recommendation.
Mr. Collins moved to recommit the above item. Seconded by Mr. Bell. Mr.
Zuchlewski moved to amend:
That the award by the Commissioner of Inspections and Community
Revitalization of an emergency demolition contract to Lebis Enterprises at a
cost of $39,999.00, relating to 165 Chester Street, is hereby confirmed,
ratified and approved, with said cost to be charged against Special Assessment
Fund 500-000-002-00000, and that said cost shall be collected against the owner
or person in possession of the premises and/or shall be assessed against the
property benefitted, in accordance with Chapter 113 of the ordinances of the
City of Buffalo. Seconded by Mrs. LoTempio.
PASSED.
AYES- ARTHUR, BELL, COPPOLA, FRANCZYK, HELFER, LOTEMPIO, PERLA, ZUCHLEWSKI- 8.
NOES- COLLINS, CZAJKA, LOCKWOOD, PITTS- 4.
No. 133
Information- Bids- Demolition 165 Chester (ICR)
(Item # 105 CCP July 26, 1994)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 134
Ferrous Scrap Metal
(Item No. 116, C.C.P., July 26, 1994)
That the Commissioner of General Services be, and he hereby is,
authorized to award a contract for a period of one year from date of award,
with two one year renewal options, to Advanced Metal Recycling, the lowest
responsible bidder for Ferrous Scrap Metal.
PASSED.
AYES- 12 NOES- 0.
No. 135
Non-Ferrous Scrap Metal
(Item No. 117, C.C.P., July 26, 1994)
That the Commissioner of General Services be, and he hereby is,
authorized to award a contract for a period of one year from date of award,
with two one year renewal options, to Max Brock Co., Inc., the lowest
responsible bidder for Non-Ferrous Scrap Metal.
PASSED.
AYES- 12 NOES- 0.
No. 136
Report of Emergency Bids, 51 Box Street, etc.
(Item No. 83, C.C.P., Sept. 6, 1994)
That the award by the Commissioner of Inspections and Community
Revitalization of an emergency demolition contract to Peter DelMonte Demolition
at a cost of $7,900.00, relating to 51 Box Street; to Maplewood Construction at
a cost of $9,888.00, relating to 2228 Fillmore Avenue; to Maplewood
Construction at a cost of $12,288.00, relating to 1605 Genesee Street and
garage; to Horizon Construction of WNY Inc. at a cost of $5,450.00, relating to
256 Gibson Street; to Maplewood Construction at a cost of $7,888.00, relating
to 141 Glenwood Avenue; to Maplewood Construction at a cost of $9,188.00,
relating to 378 Goodyear and garage; to Maplewood Construction at a cost of
$12,188.00, relating to 227 Grey front and rear; to Maplewood Construction at a
cost of $5,788.00, relating to 364 Guilford Street; to Maplewood Construction
at a cost of $5,988.00, relating to 59 Halbert Street; to Ridge Maintenance at
a cost of $4,500.00, relating to 439 Jefferson and garage; to Lebis Enterprises
at a cost of $6, 100.00, relating to 149 Jewett Avenue and garage; to
Integrated Waste Special Services at a cost of $4,920.00, relating to 318
Northampton Street; to Integrated Waste Special Services at a cost of
$7,700.00, relating to 539 Northland Avenue; to Ridge Maintenance at a cost of
$7,500.00, relating to 77 Pershing, rear only; to Integrated Waste Special
Services at a cost of $6,270.00, relating to 22 Roetzer Street and garage; to
Integrated Waste Special Services at a cost of $8,630.00, relating to 57 Rohr
Street and garage; to Peter DelMonte Demolition at a cost of $6,900.00,
relating to 131 Shumway and garage; to Maplewood Construction at a cost of
$7,888.00, relating to 2346 South Park Avenue; to Horizon Construction of WNY
Inc. at a cost of $1,050.00, relating to 1112 Sycamore garage only, are hereby
confirmed, ratified and approved, with said cost to be charged against the
Capital Outlay Account #100-241-085-00-900.
PASSED.
AYES- 12 NOES- 0.
No. 137
Report of Emergency Demolition
1324 East Ferry Street and Garage
(Item No. 84, C.C.P., Sept. 6, 1994)
That the award by the Commissioner of Inspections and Community
Revitalization of an emergency demolition contract to Maplewood Construction at
a cost of $16,600.00, relating to 1324 East Ferry Street, is hereby confirmed,
ratified and approved, with said cost to he charged against Special Assessment
Fund 500-000-002-00000, and that said cost shall be collected against the owner
or person in possession of the premises and/or shall be assessed against the
property benefitted, in accordance with Chapter 113 of the Ordinances of the
City of Buffalo.
PASSED.
AYES- 12 NOES- 0.
No. 138
Change Contract
Gateway Tunnel Feasibility Study, Phase IV
(Item No. 56, C.C.P., July 26, 1994)
That the Commissioner of Public Works be, and he hereby is, authorized
to issue a change order #1 to Erdman Anthony Consulting Engineers, in the
amount of $5,886.00 for the Gateway Feasibility Study, Phase IV, said cost to
be charged against Bond Fund 200-401-525.
PASSED.
AYES- 12 NOES- 0.
No. 139
Change Contract
Cleaning and Lining Watermains Contract No. 21A & 21B
(Item No. 59, C.C.P., July 26, 1994)
That the Commissioner of Public Works be, and he hereby is, authorized
to issue a change order #1 to Cramer Brothers, Inc., in the amount of
$117,295.25 for Cleaning and Lining Watermains Contract No. 21A and 21B, City
Contract No. 91748900, said cost to be charged against the Division of Water's
416 Capital Project Fund, 982-013-00-000 account.
PASSED.
AYES- 12 NOES- 0.
No. 140
Change Contract
Treatment of City Owned Bronze Statuary
(Item No. 4, C.C.P., Sept. 6, 1994)
That the Executive Director of the Buffalo Arts Commission be,
and he hereby is, authorized to issue a change order #1 to Fine Objects
Conservation, Inc., a decrease in the amount of $1,187.00 for Conservation
Treatment of City Owned Bronze Statuary, Contract No. 91776600.
PASSED.
AYES- 12 NOES- 0.
No. 141
Change Contract
Hatch Cover Rehabilitation
(Item No. 35, C.C.P., Sept. 6, 1994)
That the Commissioner of Public Works be, and he hereby is, authorized
to issue a change order #1 to Flo-Kleen Pipe Services, Inc., for a decrease in
the amount of $700.00 for Hatch Cover Rehabilitation, City Contract No.
91745600, said cost to be credited to the Division of Water's 416-982-010
Capital Project Account.
PASSED.
AYES- 12 NOES- 0.
No. 142
Change Contract
Painting at Col. Ward Pumping Station
(Item No. 36, C.C.P., Sept. 6, 1994)
That the Commissioner of Public Works be, and he hereby is, authorized
to issue a change order #1 to C&A Painting Contractors, in the amount of
$5,904.00 for Painting the Roof at the Engine Building - Col. Ward Pumping
Station, City Contract No. 91744600, said cost to be charged against the
Division of Water's 416-980-043 Capital Project Account.
PASSED.
AYES- 12 NOES- 0.
No. 143
Information-Bid Maintenance Trac Vac System (PW)
(Item # 69 CCP July 26, 1994)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 144
Tax Cancellation 1994-95
(Item No. 21, C.C.P., Sept. 6, 1994)
That the Comptroller be, and he hereby is, authorized to issue
a check in the total amount of $277,003.02 for Tax Cancellation 1994-95, as
listed in the above-mentioned item, and said amount is to be drawn from 81-2
General City Charges, 000-00-802 Tax Adjustment Fund.
PASSED.
AYES- 12 NOES- 0.
No. 145
Monthly Local Assessment
(Item No. 41, C.C.P., Sept. 6, 1994)
That the Board of Assessors be, and they hereby are, authorized
to assess the cost and expense as described in the above communication, for the
total amount of $11,281.14 upon the properties benefitted for work performed by
Cemulini-Pecoraro Construction, Corporation, contract numbers 91753500 and
91700100.
PASSED.
AYES- 12 NOES- 0.
No. 146
J. Greene - Waive Interest on Water Bill 647 LaSalle
(Item # 69 CCP June 14, 1994)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 147
Waive Interest on Water Bill 647 LaSalle (PW)
(Item # 70 CCP July 26, 1994)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 148
Waive Interest on Water Bill 647 LaSalle (CC)
(Item # 86 CCP July 26, 1994)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 149
Tax Relief 938 Broadway
(Item # 265 CCP July 26, 1994)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 150
Opinion- Tax Relief 938 Broadway (CC)
(Item # 70 CCP September 6, 1994)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 151
Donations for Animal Control Shelter
(Item No. 78, C.C.P., Sept. 6, 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 Administration and Finance be, and she hereby
is, authorized to set up a system so that the Animal Control Shelter of the
Department of Street Sanitation can accept and retain all donations sent to
them.
PASSED.
AYES- 12 NOES- 0.
No. 152
Opinion- Senior Citizens Immunization Program (CC)
(Item # 69 CCP September 6, 1994)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 153
Install Magnetic shut-off valves (PW)
(Item # 71 CCP July 26, 1994)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 154
NYSDOT- Electrical Barriers For Skyway
(Item # 124 CCP September 6, 1994)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 155
A. Page- Re-stencil Delaware Ring Road "Peds. Only"
(Item # 72 CCP June 14, 1994)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 156
Account Information - C&W Charity Dance (City Clk.)
(Item # 119 CCP July 26, 1994)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
LEGISLATION
HON. ALFRED T. COPPOLA
CHAIRMAN
No. 157
Delta Sonic, Petition to use
2566 Delaware Avenue - Pole Sign
(Item No. 132, C.C.P., Sept. 6, 1994)
That after a public hearing before the Committee on Legislation
on September 13, 1994, the petition of Delta Sonic, owner, for permission to
use 2566 Delaware Avenue for a pole sign be and hereby is approved on the
condition that its overall height does not exceed 26' (twenty-six feet).
PASSED.
AYES- 12 NOES- 0.
No. 158
765 Elmwood L.P., Petition To Use 765 Elmwood Avenue
(Item No. 133, C.C.P., Sept. 6, 1994)
That after a public hearing before the Committee on Legislation
on September 13, 1994, the petition of 765 Elmwood L.P., permission to use 765
Elmwood Avenue for sales/sit-in restaurant be, and hereby is approved with the
following conditions:
1. That no music be allowed in the sidewalk cafe area
2. That the sidewalk cafe be opened until no late than 11:00 p.m.
3. That there are no trash receptacles allowed in the sidewalk cafe.
PASSED.
AYES- 12 NOES- 0.
No. 159
People, Inc., Petition to use
2128 Elmwood Avenue - Pole Sign
(Item No. 135, C.C.P., Sept. 6, 1994)
That after a public hearing before the Committee on Legislation
on September 13, 1994, the petition of People, Inc., owner, for permission to
use 2128 Elmwood Avenue for a pole sign be, and hereby is approved.
PASSED.
AYES- 12 NOES- 0.
No. 160
T. Lombardo, Petition to use
1198 Hertel Avenue - Restaurant and Patio
(Item No. 136, C.C.P., Sept. 6, 1994)
That after a public hearing before the Committee on Legislation
on September 13, 1994, the petition of T. Lombardo, owner, for permission to
use 1198 Hertel Avenue for a restaurant and patio be, and hereby is approved
with the following conditions:
1. That all future signage be in compliance with appropriate zoning
regulations;
2. That the outdoor eating area be opened until no later than 11:00 p.m.
daily;
3. That the proposed outdoor area not have music played thereon; and
4. That the proposed outdoor cafe does not contain any trash receptacles.
PASSED.
AYES- 12 NOES- 0.
No. 161
Morris Silverstein, Petition to use
2380 Delaware Avenue - Pole Sign
(Item No. 137, C.C.P., Sept. 6, 1994)
That after a public hearing before the Committee on Legislation
on September 13, 1994, the petition of Morris Silverstein, owner, for
permission to use 2380 Delaware Avenue for a pole sign be, and hereby is
approved on the condition that its overall height does not exceed 18' (eighteen
feet).
PASSED.
AYES- 12 NOES- 0.
No. 162
Ganco Inc., Petition to use
2 Furhmann Blvd. - Boat Storage Building
(Item No. 138, C.C.P., Sept. 6, 1994)
That after a public hearing before the Committee on Legislation
on September 13, 1994, the petition of Ganco Inc., owner, for permission to use
2 Furhmann Boulevard for a boat storage building be, and hereby is denied.
ADOPTED.
AYES- ARTHUR, BELL, COLLINS, COPPOLA, CZAJKA, FRANCZYK, HELFER, LOCKWOOD,
PERLA, PITTS, ZUCHLEWSKI- 11.
NOES- LOTEMPIO- 1.
No. 163
Use 2 Fuhrmann Boat Storage (CPBD)
(Item # 17 CCP July 26, 1994)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 164
Rite Aid Drug Store, Petition to use
257 and 259 Auburn for Parking
(Item No. 139, C.C.P., Sept. 6, 1994)
That after a public hearing before the Committee on Legislation
on September 13, 1994, the petition of Rite Aid Drug Store, for permission to
use 257 and 259 Auburn for parking be, and hereby is approved.
PASSED.
AYES- 12 NOES- 0.
No. 165
Gelinmac- Require Action On Use Permit
(Item # 97 CCP June 28, 1994)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 166
NYSDEC - Gelinmac Mfg. Feed- 20 Buffalo River
(Item # 136 CCP July 26, 1994)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 167
Solicitation of Funds Permit
New York Public Interest Research Group Inc.
(Item No. 44, C.C.P., Sept. 6, 1994)
That the Commissioner of Public Works be, and he hereby is authorized
to grant an exemption to solicit funds under Chapter 316, Article VI of the
City of Buffalo Ordinances to New York Public Interest Research Group Inc.
within the City of Buffalo from September 15, 1994 to October 15, 1994.
PASSED.
AYES- BELL, COLLINS, COPPOLA, CZAJKA, FRANCZYK, HELFER, LOCKWOOD, LOTEMPIO,
PERLA, PITTS, ZUCHLEWSKI- 11.
NOES- ARTHUR- 1.
No. 168
Notification Serial 8344
(Item # 41 CCP July 26, 1994)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 169
Notification Serial 8348
(Item # 42 CCP July 26, 1994)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 170
Notification Serial 8375-84
(Item # 43 CCP July 26, 1994)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 171
Notification Serial #8391-8407
Parking Meters - Install
(Item No. 44, C.C.P., July 26, 1994)
That the Notification Serial Nos. 8391, 8392, 8393, 8394, 8395,
8396, 8397, 8398, 8399, 8400, 8401, 8402, 8403, 8404, 8405, and 8406, be
received and filed; and
Pursuant to Subdivision 3 of Section 33 of Chapter 479 of the Ordinances
of the City of Buffalo, the following changes to the traffic ordinances
(Chapter 479 of City Code) are hereby denied and disapproved.
Mr. Coppola moved to recommit the item. Seconded by Mr. Bell.
Mrs. Lockwood moved to amend to receive and file Notification Serial Nos.
8391-8406; and
That Notification Serial No. 8407 be denied. Seconded by Mr. Helfer.
ADOPTED.
AYES- BELL, CZAJKA, FRANCZYK, HELFER, LOCKWOOD, LOTEMPIO, PERLA, PITTS,
ZUCHLEWSKI- 9.
NOES- ARTHUR, COLLINS, COPPOLA- 3.
No. 172
Request Signal Walden/Bakos (PW)
(Item # 46 CCP September 6, 1994)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 173
Identify Process to Assure Building Permit Compliance
(Item No. 182, C.C.P., June 14, 1994)
That this Common Council requests the Director of the Division
of Housing and Property Inspections to file a report detailing the following
information:
a) Provide this Council with the project history of the "H. Gantzer -2
Fuhrmann Blvd. boat storage building", including the names of all parties
involved in the inspection process. Also, please provide an inspection history
of any property owned by Harold Gantzer or Ganco Co.
b) Outline the specific process that is utilized by the Division of
Housing and Property Inspections in tracking a project from the issuance of the
building permit, the construction phase, and all factors needed to qualify for
a Certificate of Occupancy.
c) What recourse does the City possess against violators of specifically
approved building permit conditions?
d) What changes can be made to strengthen the City's ability to
effectively assure building permit compliance?
That the Division of Housing and Property Inspections and the Department
of Public Works work in conjunction with the Corporation Counsel to review and
amend the city ordinances to empower proper enforcement measures as recourse
against violators of building permit conditions.
ADOPTED.
No. 174
Coordinated Review Process of Council Approved Permits
(Item No. 162, C.C.P., Sept. 6, 1994)
That the Corporation Counsel is requested to file a response which
would establish a more thorough review process of applicants for various
permits before Council approval is granted.
ADOPTED.
No. 175
Permit Compliance Process (ICR)
(Item # 108 CCP July 26, 1994)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 176
Oppose Review Committee - Permit Process (PW)
(Item # 48 CCP September 6, 1994)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 177
Oppose Adding 51 Oakgrove to Parks Inventory (Pks)
(Item # 46 CCP July 12, 1994)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 178
Inspection of 161 Blaine
(Item No. 143, C.C.P., Sept. 6, 1994)
That the Department of Public Works notify the owner of an illegal
parking pad at 161 Blaine and direct the owner to file the necessary
application with the City of Buffalo Department of Public Works.
ADOPTED.
No. 179
Safety Concerns at Buffalo Color Corp.
(Item # 191 CCP July 12, 1994)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 180
Opinion - Disposal of Toxic Soils (CC)
(Item # 71 CCP September 6, 1994)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 181
NYS Dept. Law - Good Neighbor Agreements
(Item # 137 CCP July 26, 1994)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 182
Good Neighbor Agreements (EMC)
(Item # 3 CCP September 6, 1994)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 183
Filing of EEO Reports (BMHA)
(Item # 97 CCP September 6, 1994)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 184
M. Yoshioka - Increase Funding For Culturals
(Item # 131 CCP September 6, 1994)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 185
Increase Kleinhans Board Membership (CC)
(Item # 52 CCP April 19, 1994)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 186
BAPIC - Oppose Appt. M. Clark - Director (BMHA)
(Item # 130 CCP July 26, 1994)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
ECONOMIC DEVELOPMENT
HON. CARL A. PERLA JR.
CHAIRMAN
No. 187
LDA - Federal Home Loan Bank Housing (ICR)
(Item No. 90, C.C.P., September 6, 1994)
That the above item be and hereby 13 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. Perla the item is properly
before the Common Council, and the Hearing be opened.
CARRIED.
Appearances: Louis Malucci- Community Revitalization.
Mr. Pitts now moved that the hearing be closed. Seconded by Mr. Perla.
CARRIED.
Mr. Pitts moved:
Whereas, the Buffalo Urban Renewal Agency (herein referred to as the
"Agency") has duly designated Gal/Van Developers, Inc. and Buffalo Neighborhood
Revitalization Corporation (BNRC) and/or other legal entity to be formed as
qualified and eligible Redeveloper in accordance with rules and procedures duly
adopted by the Agency; and
Whereas, the City Clerk has published a Notice of Public Hearing, as
required by Section 507, Subdivision 2 (d) of the "General Municipal Law"; and
Now, Therefore, Be It Resolved:
(1) That Gal/Van Developers, Inc. and Buffalo Neighborhood Revitalization
Corporation (BNRC) and/or other legal entity to be formed was duly designated
as qualified and eligible Redeveloper by the Buffalo Urban Renewal Agency, is
hereby approved as the Redeveloper for the Federal Home Loan Bank of NY New
Housing Project in the Community Wide Urban Renewal Homestead Program Area.
(2) That the Chairman or Vice Chairman of the Buffalo Urban Renewal
Agency is hereby authorized to execute any and all deeds or other legal
documents necessary to convey the land described in the proposed "Land
Disposition Agreement" to the Redeveloper and/or other legal entity to be
formed in accordance with the terms of said Agreement and for the consideration
recited therein.
PASSED.
AYES- 12 NOES- 0.
No. 188
Apply for EQBA - Historical Society Stairs (Mayor)
(Item # 1 CCP September 6, 1994)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 189
Grant Request LWRP (CD)
(Item # 74 CCP September 6, 1994)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 190
NYS Economic Development - Designation of Dev. Zone
(Item # 121 CCP September 6, 1994)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 191
Accept Land - 363 Massachusetts (CD)
(Item # 92 CCP July 26, 1994)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 192
Request the Development of a Special
Porter-Prospect Avenue Residential Overlay Review District
(Item No. 276, C.C.P., July 26, 1994)
That this Common Council requests the Department of Community
Development and the Division of Planning to develop the parameters and
boundaries for a special Porter-Prospect Avenue residential overlay review
district and file a report with this Council by September 29, 1994 on how they
propose to establish this special zoning district.
ADOPTED.
RESOLUTIONS
No. 193
By: Mr. Bell
Terminate Outstanding LDA's
Whereas: Land Disposition Agreements (LDA's) allow for the sale
of public land to private interests at below-value prices in return for the
developers adhering to various conditions; and
Whereas: On November 3, 1993 the Common Council adopted a resolution asking
for an update of all LDA's between the Buffalo Urban Renewal Agency and private
developers that have been approved by the Council but whose terms and
conditions have not been fulfilled; and
Whereas: A communication filed by the Department of Community Development in
December 1993 identified 10 LDA's as outstanding; and
Whereas: An LDA update, filed this July, reported that five of the LDA's
were resolved and that efforts are underway to resolve the remaining five; and
Whereas: Among these outstanding LDA's is the one for the Oak/Michigan
Corridor that was approved for Uniland more than six years ago; and
Whereas: The companies have certainly had sufficient time to live up to the
agreements, or to negotiate new mutually acceptable terms with BURA;
Now, Therefore Be It Resolved:
That this Common Council request that the Buffalo Urban Renewal Agency
immediately terminate all Land Disposition Agreements that remain outstanding.
REFERRED TO THE URBAN RENEWAL AGENCY COMMITTEE, THE COMMISSIONER OF COMMUNITY
DEVELOPMENT, THE BUFFALO URBAN RENEWAL AGENCY AND THE CORPORATION COUNSEL.
No. 194
By: Mr. Bell
Request Ordinance Amendment on Breaking Packaging to Sell Retail
Items
Whereas: Merchants in the city of Buffalo have begun selling individual
units of items that are traditionally sold in group units; and
Whereas: In many cases this is not a problem, for example when an individual
needs a single stick of butter; and
Whereas: In fact this practice is helpful, particularly for single people,
elderly people and the poor; and
Whereas: However there are cases where breaking down packaged items can
cause problems; and
Whereas: In the case of disposable diapers, an unsanitary condition can be
created, both when the items are handled and when they are stored in the open;
and
Whereas: In the case of cigarettes, single item sales can make these
addictive items available to children, against the spirit of current laws;
Now Therefore Be It Resolved, That:
This Common Council requests the Corporation Counsel to prepare an
ordinance amendment outlawing the sale of single items from packaged lots when
the handled single items would represent a threat to health or good sanitary
practices.
REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CORPORATION COUNSEL.
No. 195
By: Mr. Collins
Transfer of Funds
Pilot Field Janitorial
Pilot Field Capital Outlay
That pursuant to section 42 of the Charter and the Certificate
of the Mayor and the Comptroller submitted to the Common Council, the sum of
$1,273 be and the same is hereby transferred from the Reserve for Capital
Improvements account and said sum is hereby reappropriated as set forth below:
From:
420 Enterprise Fund
61-Stadium and Auditorium
1- Pilot Field
031- Operation and Maintenance
432- Janitorial $1,273
To:
420 Enterprise Fund
61-Stadium and Auditorium
1- Pilot Field
085- Capital Outlays
982- Operating Equipment $1,273
REFERRED TO THE COMMITTEE ON FINANCE.
No. 196
By: Mr. Collins
Transfer of Funds
Exempt Items - Reserve for Capital Improvements
Capital Projects Fund - Division of Buildings
That pursuant to section 42 of the Charter and the Certificate
of the Mayor and the Comptroller submitted to the Common Council, the sum of
$14,000 be and the same is hereby transferred from the Reserve for Capital
Improvements account and said sum is hereby reappropriated as set forth below:
From:
100 General Fund
81-9 - Exempt Items
842 - Reserve for Capital Improvements $14,000
To:
81-8 Interfund Transfers
010 - Transfer to Capital Projects Fund $14,000
From:
81-8 Interfund Transfers
010 - Transfer to Capital Projects Fund $14,000
To:
200 Capital Projects
40-2- Division of Buildings
023 - Addition to Shoshone Concession Stand $14,000
REFERRED TO THE COMMITTEE ON FINANCE.
No. 197
By: Mr. Collins
Transfer of Funds
Pilot Field - Insurance & Surety & temporary Services
Pilot Field- Worker's Compensation
That pursuant to section 42 of the Charter and the Certificate
of the Mayor and the Comptroller submitted to the Common Council, the sum of
$15,000 be and the same is hereby transferred from the Reserve for Capital
Improvements account and said sum is hereby reappropriated as set forth below:
From:
420 Enterprise
62- Stadium and Auditorium
1- Pilot Field
031- Operation and Maintenance
582- Insurance & Surety $8,750
112-Temporary Services $6,250
To:
420 Enterprise
62- Stadium and Auditorium
1- Pilot Field
831- Fringe Benefits
172- Worker's Compensation $15,000
REFERRED TO THE COMMITTEE ON FINANCE.
No. 198
By: Mr. Collins
Increased Appropriation
Pilot Field - Reserve for Replacements
Pilot Field - Building Repairs & Alterations
That, Pursuant to Section 41 of the Charter and the Certificate
of the Mayor and the Comptroller submitted to the Common Council, the
appropriation in the budget for the current fiscal year for Appropriation
Allotments - Pilot Field be and the same hereby is increased in the sum of
$120,000.
That, the comptroller be and hereby is authorized and directed to
transfer the sum of $120,000 from 420-899002 - Reserve for Replacements to meet
this increased appropriation as set forth below:
To:
420 Enterprise Fund
61 - Stadium and Auditorium
1 - Pilot Field Stadium
031 - Operation and Maintenance
560 - Building Repairs & Alterations $120,000
REFERRED TO THE COMMITTEE ON FINANCE.
No. 199
By: Mr. Collins
Increased Appropriation
Reserve for Capital Appropriations
Comptroller
That, Pursuant to Section 41 of the Charter and the Certificate
of the Mayor and the Comptroller submitted to the Common Council, the
appropriation in the budget for the current fiscal year for Appropriation
Allotments - Department of Audit - Comptroller be and the same hereby is
increased in the sum of $316,885.
That, the comptroller be and hereby is authorized and directed to
transfer the sum of $316,885 from 100-402-000 Revenues City, 402-90000
Buildings Miscellaneous to meet this increased appropriation as set forth
below:
From:
100 - General Fund
402-000402-000 Revenues City
402-Buildings
90000-Miscellaneous $316,885
To:
100 General Fund
210 - Department of Fire
040 - Comptroller
001-00-554 Lease of Bldgs/Equip/Land $316,885
PASSED.
AYES- 12 NOES- 0.
No. 200
By: Mr. Collins
Bond Resolution
$250,000 Bonds
Handicapped Access Improvements
at Various School Buildings
Account 299-970-003
Bond Resolution of the City of Buffalo. New York, authorizing
the issuance of $250,000 School Bonds of said City to finance the cost of
handicapped access improvements at various City school building at the
estimated total cost of $250,000.
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, is hereby authorized and directed to issue School Bonds of said City
in the principal amount of Two Hundred Fifty Thousand Dollars ($250,000),
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 Handicapped Access Improvements at
various City school buildings. The estimated total cost of said class of
objects or purposes for which the bonds authorized by this resolution are to be
issued, including preliminary costs and costs incidental thereto and the
financing thereof, is $250,000 as set forth in the duly adopted Capital
Improvements Budget of said City for fiscal year 1994-95.
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, -Handicapped Access- Various Schools, 1994-95", Bond
Authorization Account No. 299-970-003, and shall be used for the class of
objects or purposes specified in Section 1 of this resolution.
Section 3. The City intends to finance, on an interim basis, the costs or
a portion of the costs of said improvements for which bonds are herein
authorized, which costs are reasonably expected to be incurred by the City,
pursuant to this Bond Resolution, in the maximum amount of $250,000. This
Resolution is a declaration of Official Intent adopted pursuant to the
requirements of Treasury Regulation Section 1.150-2.
Section 4. The following additional matters are hereby determined and
stated:
(a) The period of probable usefulness applicable to the class of objects
or purposes for which the bonds authorized by this resolution are to be issued
within the limitations of Section 11.00 a. 35. of the Law, is five (5) 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 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 for 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 this 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: September 20, 1994
LAID ON THE TABLE.
No. 201
By: Mr. Collins
Bond Resolution
$465,000 Bonds
Improvements to Various Schools
Account 299-970-004
Bond Resolution of the City of Buffalo, New York, authorizing
the issuance of $465,000 School Bonds of said City, to finance the cost of the
partial reconstruction various schools, at the estimated maximum cost of
$465,000.
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 School Bonds of said City in the principal amount of Four Hundred
Sixty-Five Thousand Dollars ($465,000), pursuant to the provisions of the
Charter of said City and the Local Finance Law, constituting Chapter 33-a of
the Consolidated Laws of the State of New York (the "Law"), to finance the cost
of the partial reconstruction of various school buildings, including the
original furnishings, equipment, machinery and apparatus required in connection
with the purpose for which said buildings, as reconstructed, are to be used.
The estimated maximum cost of said class of objects or purposes for which the
bonds authorized by this resolution are to be issued, including preliminary
costs and costs incidental thereto and the financing thereof, is $465,000 as
set forth In the duly adopted Capital Improvements Budget of said City for
fiscal year 1994-93.
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, "Improvement to Various Schools, 1994-95," Bond
Authorization Account No. 299-970-004, 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 $465,000. This
resolution is a declaration of Official Intent adopted pursuant to the
requirements of Treasury Regulation Section 1.150-2.
Section 4. The following additional matters are hereby determined and
stated:
(a) The existing buildings are of Class "A" construction as defined by
Section 11.00 a. 11. (a) of the Law, and the period of probable usefulness
applicable to the class of objects or purposes for which the bonds authorized
by this resolution are to be issued, within the limitations of Section 11.00
(a) 12. (a) (1) of the Local Finance Law, is twenty (20) years.
(b) Current funds are not required by the Law to he 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 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 bond 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: September 20, 1994
LAID ON THE TABLE.
No. 202
By: Mr. Coppola
Application and Inspection Fees for Certificates of Occupancy
for Multiple Dwellings
Whereas: The City of Buffalo is presently notifying all owners
of multiple dwellings of the new application and inspection fees for
certificates of occupancy; and
Whereas: The owners of Baptist Manor, a 128-unit subsidized senior citizen
high-rise apartment building located at 276 Linwood Avenue, have received such
a notice; and
Whereas: Because this building is subsidized by HUD, it is regularly
inspected by the State of New York Division of Housing and Community Renewal;
and
Whereas: With 128 units, the owners of Baptist Manor will be billed in
excess of $3,000 by the city every three years, which will cause a hardship as
the $3,000 will ultimately be passed onto the senior citizen residents, who are
on fixed incomes; and
Whereas: There are many similar situations in the city which should be
looked at individually and differently from the standard multiple dwelling
since a higher entity than the city oversees and inspects their physical plants
on a regular basis.
Now Therefore Be It Resolved That
This Common Council is sensitive to the hardship that will be created by
requiring subsidized senior citizen multiple dwellings to pay exorbitant fees
for certificates of occupancy and requests that the Commissioner of the
Department of Inspections and Community Revitalization appear at the next
Legislation Committee meeting to discuss this matter including how many
subsidized senior citizen multiple dwellings are located in the City of
Buffalo.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE COMMISSIONER OF INSPECTIONS AND
COMMUNITY RENEWAL AND THE CORPORATION COUNSEL.
No. 203
By: Messrs. Fahey and Coppola
National Fuel Gas Lines on Woodward Ave.
Whereas, National Fuel Gas has had many breakdowns in the 100 year
old gas line on Woodward Avenue over the last few years;
Whereas, National fuel Gas has determined that it will replace the old line
with two plastic lines running down Woodward Avenue from Humboldt Parkway to
Jewett Parkway; and
Whereas, These replacement lines will be placed on residents' property and
will require excavation on residential property; and
Whereas, Residents should be fully informed as to the process and schedule
of this construction.
Now, Therefore Be It Resolved That:
This Common Council requests that National Fuel Gas file with the Council
the following items: a complete construction schedule, a map of the
construction site, a written replacement policy for landscaping and sidewalks
and driveways, a policy for repairing damage to existing water and sewer lines,
a list of the subcontractors who will be doing the work, a contingency plan for
service interruption.
Be It Further Resolved That:
This Honorable Body also requests National Fuel Gas to file any necessary
SEQR documents with this body.
Be Further Resolved That:
This Common Council requests that the Department of Public Works and
National Fuel Gas meet with community residents to work out exactly how this
project will be implemented before the city issues the permits.
ADOPTED.
No. 204
By: Mr. Franczyk
Appointment to the Board of Assessment Review
Whereas: Upon the resignation of Edward Martinez as of September
30, 1994, from the Board of Assessment Review; and
Whereas: Robert Zielinski has served the City of Buffalo by working in the
Assessment Department for many years; and
Whereas: Through his service Mr. Zielinski has gained enormous insight and
experience to the workings of the Assessment Department; and
Whereas: His knowledge is immeasurable and should be utilized to the fullest
possible means;
Now, Therefore Be It Resolved That:
This Common Council consider appointing Robert Zielinski of 30 Lyman,
Buffalo, New York to the Board of Assessment Review as of October 1, 1994, for
a five year term to replace Edward Martinez.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 205
By; Mr. Franczyk
Mr. Fahey Excused From September 20th Council Meeting
Now, Therefore, Be It Resolved:
That Councilmember Eugene Fahey be excused from attendance at the stated
Common Council meeting of September 20, 1994 due to his absence from the city.
ADOPTED.
No. 206
By: Mrs. Lockwood
Request Ordinance Requiring A One Year Waiting Period After Council
Denial Of A Permit
Whereas: In almost all cases, when the Common Council denies a
permit, the applicant either accepts the Council's ruling, challenges the
ruling in court, or changes their development proposal to accommodate the
concerns raised by the Council; and
Whereas: In rare cases, an applicant will immediately resubmit the same
application; and
Whereas: This practice is negative because it clogs the Council's agenda and
may give the false impression that the Council has not yet decided the issue;
and
Whereas: This false impression could undermine the city's position if legal
action follows the denial;
Now Therefore Be It Resolved, That:
This Common Council requests the Corporation Counsel to draft an
ordinance amendment that would, in cases where the Council has denied a permit
application, require a one year waiting period for resubmission of the
application if it remains substantially unchanged.
REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CORPORATION COUNSEL.
No. 207
By: Mrs. Lockwood
Request Information on
Recently Announced Waterfront Plans
Whereas: The Buffalo News recently printed a report that the Masiello
Administration is recommending changes in waterfront plans that had been
developed through the Horizons Waterfront Commission; and
Whereas: Some of the changes mentioned affect proposals put forth by this
Common Council, including plans for an extensive park on the Outer Harbor; and
Whereas: While the changes being considered by the Administration may well
be good ones, it is important for the Council to be informed as to the
specifics and have input into them;
Now Therefore Be It Resolved, That:
This Council requests the Commissioner of Community Development to file
an explanation of proposed changes to waterfront plans and appear before the
Urban Renewal Agency Committee and fully apprise the Council Members of the
Administration's vision for the Buffalo waterfront.
REFERRED TO THE URBAN REGAL AGENCY COMMITTEE, THE COMMISSIONER OF COMMUNITY
DEVELOPMENT AND HORIZONS WATERFRONT COMMISSION.
No. 208
By: Mrs. LoTempio
Salary Ordinance Amendment
40 - Department of Public Works
40 -2 Division of Buildings
The Common Council of the City of Buffalo do ordain as follows:
That part of Section 1 of Chapter 35 of the Ordinances of the City of
Buffalo, relating to 40-2 Division of Buildings, under the subheading "031 -
operation and Maintenance of Public Buildings" which reads:
2 Plumber $23,715 - 26,793
is hereby amended to read:
3 Plumber $23,715 - 26,793
Appointment of additional plumber not to exceed the leave time of C.
Yost.
It is hereby certified, pursuant to Section 34 of the Charter that the
immediate passage of the foregoing ordinance is necessary.
We, Joseph Giambra, commissioner of Public Works and James B. Milroy,
Director of the Budget, hereby certify that the creation of one (1) Plumber is
necessary for the proper conduct, administration and performance of essential
services of that department. We recommend that the compensation for said
position be fixed at the respective amount set forth in the foregoing
ordinance.
That a personnel requisition incident to the creation of the
above-mentioned position, containing a statement of the duties of such
position, has been filed with the Municipal Civil Service commission, and said
commission has approved and certified the position title set forth in the
foregoing ordinance as being the appropriate civil Service title for the
proposed position.
APPROVED AS TO FORM
Edward Peace
Corporation Counsel
PASSED.
AYES- 12 NOES- 0.
No. 209
By: Mrs. LoTempio
Salary Ordinance Amendment
40-1 Division of Engineering
The Common Council of the City of Buffalo do ordain as follows:
That part of Section 1 of Chapter 35 of the Ordinances of the City of
Buffalo, relating to 40-1 Division of Engineering, under the subheading "015-
Repair and Construction of Other Public Improvements" which reads:
10 Street Repair Worker $22,266 - $24,914
is hereby amended to read:
11 Street Repair Worker $22,266 - $24,914
It is hereby certified, pursuant to Section 34 of the Charter, that the
immediate passage of the foregoing ordinance is necessary.
We, Joseph Giambra, Commissioner of Public Works and James B. Milroy,
Director of the Budget, hereby certify that the creation of one (1) Street
Repair Worker is necessary for the proper conduct, administration and
performance of essential services of that department. We recommend that the
compensation for said position be fixed at the respective amount set forth in
the foregoing ordinance.
That a personnel requisition incident to the creation of the above
position, containing statements of the duties of such position, has been filed
with the Municipal Civil Service Commission, and said Commission has approved
and certified the position title set forth in the foregoing ordinance as being
the appropriate Civil Service title for the proposed position.
APPROVED AS TO FORM
Edward Peace
Corporation Counsel
PASSED.
AYES- 12 NOES- 0.
No. 210
By: Mrs. LoTempio and Mr. Perla
Amend Chapter 213 - Code of City of Buffalo to Reflect
Amendments to New York State Law Affecting Bingo, Games of Chance, Bell Jar,
and the New Raffle Law
Whereas: The New York State Legislature has recently amended laws
affecting Bingo and Games of Chance, including Bell Jar and enacted a new
Raffle Law; and
Whereas: The amendments include increasing the maximum aggregate bingo prize
from $1,000 to $3,000, increasing the maximum single bingo prize from $250 to
$1,000, eliminating the limitation of $ 1.25 maximum charge for participation
in all special bingo games, setting the charge for admission fee to not more
than $5.00 from not more than $1.00, increasing maximum total amount of prizes
for Bell Jar from $1,000 to $3,000, increasing the single Bell Jar prize from
$250 to $500, and other changes in games of chance prizes, as well as a new law
governing raffles by not for profit organizations; and
Whereas: All amendments are explained in the attached memorandum from the
New York State Racing and Wagering Board which is being sent to all
municipalities, Bingo operators, suppliers, etc.; and
Whereas: The effective dates for these amendments range from June 14, 1994
through September 5, 1994, making each one valid at this time; and
Whereas: Since the amendments are already in effect by state law, the Common
Council is not required to take any formal action to adopt these regulations,
however, Chapter 213 of the Charter and Code of the City of Buffalo - "Games of
Chance" should be amended to reflect the changes in state law;
Now, Therefore, Be It Resolved:
That the Common Council request the Corporation Counsel to amend Chapter
213 of the Charter and Code of the City of Buffalo - "Games of Chance" to
reflect the changes in state law as described in the attached memorandum; and
Be It Further Resolved:
That the Department of Public Works - Division of Licenses file a report
explaining steps it will take to assist bingo operators and other not for
profit agencies in understanding the new laws.
ADOPTED.
No. 211
By: Mr. Pitts
Ordinance Amendment
Chapter 307 - Parking and Parking Lots
The Common Council of the City of Buffalo does hereby ordain as
follows:
That subsections A and G of Section 307-10 of Chapter 307 of the Code of
the City of Buffalo be amended to read as follows:
A. A plea shall be entered within [ten (10)] eight (8) days after service of
the notice of violation (summons). A plea may be entered in person or by
representative or by ordinary mail at such location of the Bureau as from time
to time shall be fixed by the Commissioner of Administration and Finance. Any
plea entered by mail, if mailed in proper form within [ten (10)] eight (8) days
after service of the notice of violation (summons), shall be accepted by the
Bureau.
G. (4) That a default judgment may be avoided by entering a plea or making
an appearance within [thirty (30)] twenty (20) days of the sending of such
notice.
APPROVED AS TO FORM
Edward Peace
Corporation Counsel
NOTE: Matter in brackets [ ] to be deleted; matter underlined is new.
REFERRED TO THE COMMITTEE ON FINANCE AND THE CORPORATION COUNSEL.
No. 212
By: Mr. Pitts
Public Hearing on Equal Access
and Freedom of Choice in Health Care
Whereas: The Pharmacy Survival Fund is a local organization of
independent pharmacists dedicated to ensuring equal access and freedom of
choice in State and National health care plans, and
Whereas: The Pharmacy Survival Fund has consistently raised the issue of
access and choice in legislation, because independently owned pharmacies are
threatened with many of them going out of business because various managed care
providers will not use them, and
Whereas: Without having equal access to managed care plans, independent
pharmacies are not able to compete by offering standard services to their
customers. This in turn restricts the freedom of choice of the customer,
forcing them to pay exorbitant rates, etc., and
Whereas: Those most hurt by this problem are the infirm and indigent.
Especially in inner city neighborhoods where most residents do not even have
adequate health care, and
Whereas: In order to highlight this serious problem, particularly in the
City of Buffalo, the Pharmacy Survival Fund has requested public hearings to be
held.
Now Therefore Be It Resolved That: The Common Council sponsor a Public Hearing
jointly with the Pharmacy Survival Fund on September 29 at 7:00 p.m. in the
Common Council Chambers, 13th Floor City Hall.
Further Be It Resolved That: The City Clerk publish notice of such a hearing
inviting the public and that the Common Council Staff notify various senior
citizens and community organizations to attend this hearing.
ADOPTED.
No. 213
By: Mr. Zuchlewski
Ordinance Amendment
Chapter 511-95 of Chapter 175 - Fees
The Common Council of the City of Buffalo does hereby ordain as
follows:
That Chapter 511-95 of Chapter 175 - Fees, of the Code of the City of
Buffalo, be added to read as follows:
Chapter 511, Zoning
S511-95, uses subject to special regulations
Adult use permit fee (includes
application and review) $100.00
It is hereby certified, pursuant to Section 34 of the Charter, that the
immediate passage of the foregoing ordinance is necessary.
APPROVED AS TO FORM
Edward Peace
Corporation Counsel
PASSED.
AYES- 12 NOES- 0.
No. 214
By: Mr. Zuchlewski
Appointments Commissioners of Deeds Required for the Proper Performance
of Public Duties
That the following persons are hereby appointed as Commissioner
of Deeds for the term ending December 31, 1994, conditional upon the persons so
appointed certifying under oath to their qualifications and filing same with
the City Clerk:
Theron E. Ross
Jacqueline M. O'Neill
ADOPTED.
No. 215
By: Mr. Zuchlewski
Appointments Commissioners of Deeds
That the following persons are hereby appointed as Commissioner
of Deeds for the term ending December 31, 1994, conditional upon the persons so
appointed certifying under oath to their qualifications and filing same with
the City Clerk:
Leroy W. Bates, Jr.
Michael D. Beck
Audrey Neubeck
ADOPTED.
No. 216
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, September 27, 1994 - 9:00 AM
Civil Service Tuesday, September 27, 1994
Finance Tuesday, September 27, 1994
Legislation Tuesday, September 27, 1994 2:00 PM
Economic Dev. Wed., September 28, 1994, 10:00 AM
U.R. Agency Wed., September 28, 1994, 1:00 PM
Ancillary Committees
Aud/Stad T.F. Wed., Sept. 21, 1994, 10:00 AM Rm 1417
CATV Comm. Fri., Sept. 23, 1994, 9:00 AM - Rm 1417
Aud/Stad T.F. Wed., Sept 28, 1994, 2:00 PM - Rm 1417
No. 217
Adjournment
On a motion by Mr. Pitts, Seconded by Mr. Perla the Council adjourned
at 3:55 PM.
Charles L. Michaux, III
City Clerk