HomeMy WebLinkAbout94-1004
1No. 18
Common Council
Proceedings
of the
City of Buffalo
Regular Meeting, October 4, 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, October 4, 1994
at 2:00 P.M.
PRESENT- George K. Arthur, President of the Council, and Council
Members Bell, Collins, Coppola, Czajka, Fahey, Franczyk, Helfer, Lockwood,
LoTempio, Perla, Pitts, and Zuchlewski- 13.
ABSENT- None.
On a motion by Mr. Pitts, seconded by Mr. Coppola, the minutes of the stated
meeting held on September 20, 1994 were approved.
FROM THE MAYOR
No. 1
Appointment of Members of Board of Memorial Stadium
Pursuant to the powers vested in me by Article 6, Section 4, and
new Sections 109-u, 109-v, 109-w and 109-x of the Charter of the City of
Buffalo, 1 hereby appoint the below listed persons as members of the Board of
Memorial Stadium:
EXPIRATION
NAME ADDRESS DATE
Marva Daniel 295 Carlton Street May 15,1998
Buffalo, 14204
Booker Edgerson 121 Ellicott Street May 15,1998
Buffalo, 14203
Larry Stitts 585 William Street May 15,1998
Buffalo, 14206-1695
Daniel Kreuz 920 City Hall May 15,1997
Buffalo, 14202
Jim Nowicki 17 Meadowview Pl May 15,1997
Buffalo, 14214
Jan Peters 97 Lemon Street May 15,1997
Buffalo, 14204
Rosa Gibson 476 Best Street May 15,1996
Buffalo, 14208
Aubrey Turner 21 Florida Street May 15,1996
Buffalo, 14203
Pete Weber 464 Franklin Street May 15,1996
Buffalo, 14202
Willie Evans 727 City Hall May 15,1995
Buffalo, 14202
George Johnson P.O. Box 213 May 15, 1995
Buffalo, 14205-0213
I hereby certify that the above listed persons are fully qualified to
serve as members of the War Memorial Stadium Board.
I hereby appoint Larry Stitts to serve as Chainman of the Memorial
Stadium Board.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 2
Appointment of Members of the
Committee for Persons With Disabilities
Pursuant to the powers vested in me by Section 91 of Article VI
of the Charter of the City of Buffalo, as amended, I hereby appoint the below
listed persons as members of the Committee for Persons With Disabilities for
terms expiring March 31, 1997:
Mark Foley 359 Voorhees Avenue
Buffalo, New York 14216
Virginia Purcell 272 Woodward Avenue
Buffalo, New York 14214
Kevin Helfer 231 Lisbon Avenue
Buffalo, New York 14214
Charlotte Vogelsang 88 Lancaster
Buffalo, New York 14222
and the following individual for a term expiring March 31, 1996:
Kris Piazza 611 Colvin Avenue, Apartment 15
Buffalo, New York 14216
I hereby certify that the above listed persons are fully qualified for
appointment to the Committee for Persons With Disabilities.
RECEIVED AND FILED
No. 3
Re-appointment of Members of the Committee for Persons With Disabilities
Pursuant to the powers vested in me by Section 91 of Article VI
of the Charter of the City of Buffalo, as amended, I hereby reappoint the below
listed persons as members of the Committee for Persons With Disabilities for
terms expiring March 31, 1997:
Mary Gryc 389 Elmwood Avenue, Apartment 2
Buffalo, New York 14222
Elizabeth Barrett 715 Delaware Ave, Apartment 219
Buffalo, New York 14209
William Gant 55 Bennett Village Terrace
Buffalo, New York 14214
I hereby certify that the above listed persons are fully qualified for
reappointment to the Committee for Persons With Disabilities.
RECEIVED AND FILED.
FROM THE MAYOR - EXECUTIVE DEPARTMENT
FROM THE CITY PLANNING BOARD
No. 4
J. Masey - Request to Erect an illuminated Pole Sign
at 955 Hertel Avenue
Item No. 81, C.C.P. 9/20/94
The City Planning Board, at its regular meeting held Tuesday,
September 27, 1994, considered the above request pursuant to Section 387-19 of
the Buffalo Code - The Review of Pole Signs.
The applicant seeks to erect a -1 foot x 16 foot (64 square feet),
illuminated, accessory, pole sign which will be 17 feet in overall height.
The sign will be located in an M1 zone, which permits pole signs of this
size. Under SEQR, 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. 5
D. Pazaratz - Request to Convert
522 Linwood Avenue to a Halfway House
Item No. 143, C.C.P. 7/26/94
The City Planning Board, at its regular meeting held Tuesday,
September 27, 1994, considered the above request pursuant to Section 511-94 of
the Buffalo Code - The Review of Halfway Houses.
The Planning Board voted to deny the applicant's request to establish a
residence for up to 10 parentless children between the ages of 7 to 17 on the
grounds that Linwood Avenue and its environs is saturated with facilities which
provide living arrangements that differ from a private home or apartment. It
was felt that such concentrations served to weaken the viability of
neighborhoods.
RECEIVED AND FILED.
No. 6
R. Mergenhagen - Request to Erect a Billboard at
25 Mergenhagen Street
Item No. 81, C.C.P. 9/20/94
The City Planning Board, at its regular meeting held Tuesday,
September 27, 1994, considered the above request pursuant to Section 387-19 of
the Buffalo Code - The Review of Billboard Signs.
The applicant seeks to place a "V" type, non-illuminated, billboard sign
with a sign face area of 672 square feet (14 feet x 48 feet) and an overall
height of 40 feet.
The site is located in an M2 zone, which permits such signage. Under
SEQR, the proposed billboard may be considered an unlisted action, which may be
studied through uncoordinated review.
The Planning Board voted to approve the proposed billboard since it is in
compliance with the zoning ordinance.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 7
J. Bellanti - Request to Erect A Billboard at 1585 Clinton St
Item No. 82, C.C.P., September 20, 1994
The City Planning Board at its regular meeting held Tuesday, September
27, 1994, considered the above request pursuant to Section 317-19 of the
Buffalo Code, Review of Billboard Signs.
The applicant seeks to place a "V" type non-illuminated billboard sign
with a sign face area of 672 square feet (14 feet by 48 feet) and an overall
height of 40 feet.
The site is located in an M2 zone which permits such signage. Under SEQR
the proposed billboard may be considered an unlisted action which may be
studied through uncoordinated review.
The Planning Board voted to approve the proposed billboard since it is in
compliance with the zoning ordinance.
REFERRED TO THE COMMITTEE ON LEGISLATION.
FROM THE PRESERVATION BOARD
No. 8
S. Guadagna - National Historic Landmark Fireboat Cotter
Item # 73, CCP, 9/20/94
As of this date, the Buffalo Preservation Board has not received
an application for local landmark designation for the fireboat, Edward M.
Cotter. If Mr. Guadagna desires to seek local landmark designation for this
property, he must contact the Buffalo Preservation Board for an application and
explanation of procedure to follow.
He may contact Thomas W. Marchese, Board Secretary at 851-5029 for this
information. If you have any questions, please contact the Board Secretary at
851-5029.
RECEIVED AND FILED.
FROM THE ENVIRONMENTAL MANAGEMENT COMMISSION
No. 9
NYSDEC - Draft of Canoe Trail Guide
Item No. 122, C.C.P. 9/6/94
The Common Council has referred the issue of the New York State
Department of Environmental Conservation's Urban Canoe Trail to the
Environmental Management Commission.
The Commission considers the Urban Canoe Trail an important initial
element in restoration of the Buffalo River to the productive and beneficial
uses which this community has a right to expect from the important potential
resource that is the Buffalo River.
The Commission applauds the main effort of the Department of
Environmental Cooperation in establishing the trail, and salutes as well the
cooperation of City government, other local institutions, and many private
citizens.
The Commission notes the important future role of the Friends of the
Buffalo River in their adoption of the Ohio Street Access Site. It urges
public officials to continue to pay attention to the wishes of the Friends and
other citizen interest groups in future decisions about the River and its
shores. The mechanisms which have produced collaboration on this project set a
worthy model for our community in the future.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 10
Opinion - Disposal of Toxic Soils
Item No. 71, C.C.P. 9/6/94
The Environmental Management Commission responds to the Common
Council referral of a Law Department opinion regarding a City ordinance to
regulate toxic soil removal.
The Commission concurs with the Law Department's view that a local
prohibition of soil vapor extraction methods for soil remediation is preempted
under Federal law.
Additionally, even if such a prohibition could be drafted in a way so as
to be legally sustainable, the absence of an economically practicable
alternative technique to soil vapor extraction could both compound
environmental damage and lead to an accumulation of contaminated and abandoned
gas station property being defaulted into City ownership.
Yet the potential environmental and esthetic damage from the problem the
Common Council wisely seeks to correct remains substantial.
As solution for this situation, the Commission suggests that the City
seek protection from potential damage through local legislation utilizing the
generally acknowledged municipal legal authority to protect citizens and
property. Both nuisance and zoning law would offer the City non-preempted
mechanisms to the ends the Common Council seeks in this regard. Among other
available restrictions, time limits and operational standards for soil vapor
extraction operations would seem allowable under such legal mechanisms. The
Commission respectfully suggests that, as an appropriate first step to drafting
an effective ordinance, hearings involving regulatory agencies, gasoline
station operators, the remediation industry, and citizens would be useful.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 11
NYSDEC - Spec. Oper. Conditions Gelinmac Corp.
Item No. 76, C.C.P. 9/20/94
The Common Council has referred the issue of the Gelinmac waste
bakery goods processing facility to the Environmental Management Commission.
The issue is before the New York State Department of Environmental
Conservation for permit review and before the Common Council because it is in
the Coastal Review District. Relatively more narrow questions exist concerning
the proposed operation's compliance with New York State permit requirements.
Relatively more broad questions exist regarding the degree to which those
permit requirements are protective of the City of Buffalo's interest and about
the overall suitability of the operation for its particular location in the
City of Buffalo.
The Environmental Management Commission has long maintained that the City
should take broader responsibility for attention to environmental issues of
importance to the City, and not place undue reliance on outside government to
protect the City's interests. To that end, the Commission has also maintained
that the mechanisms available under SEQRA are powerful tools available to the
City of Buffalo for review of environmental and other impacts.
The Commission is of the view that SEQR is applicable to the City in this
particular case and that its process should be as fully employed as necessary
and practicable. In general, it is the Commission's view that the City should
develop procedures supportive of broader utilization of SEQR in the service of
common sense, of cause and effect planning, and of a reasonable balance of the
economic, social, and environmental factors which are so critical to Buffalo.
It stands ready to cooperate with City government in this regard.
REFERRED TO THE COMMITTEE ON LEGISLATION.
FROM THE COMPTROLLER
No. 12
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 $1,900 be transferred and reappropriated from the Reserve for
Capital Improvements in Appropriation Allotments - Exempt Items, as set forth
below:
Dated: Buffalo, NY, September 22, 1994
RECEIVED AND FILED.
No. 13
Certificate of Necessity
Transfer of Funds
Water Division - Exempt Items
Water Division - Engineering and Inspection of Water Line
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 $27,425 be transferred and reappropriated from Water - Exempt
Items, as set forth below:
The amount to be transferred represents an unexpended balance of items
contained in the budget for the current fiscal year and will not be needed at
this time for the purpose for which they were appropriated.
Dated: Buffalo, NY, September 23, 1994
RECEIVED AND FILED.
No. 14
Certificate of Necessity
Transfer of Funds
Div of Engineering - Reconstruction/Widen/Resurface Sts
Division of Engineering - Reconstruction of Park Street
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 $92,750 be transferred and reappropriated from the Division of
Engineering - Bond account titled Reconstruction/Widen/Resurface Streets, as
set forth below:
Dated: Buffalo, NY, September 20, 1994
RECEIVED AND FILED.
No. 15
Certificate of Necessity
Transfer of Funds
Department of Public Works - 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 $145,683 be transferred and reappropriated from the Department
of Public Works - Division of Buildings, as set forth below:
Dated: Buffalo, NY, September 23, 1994
RECEIVED AND FILED.
No. 16
Certificate of Necessity
Transfer of Funds
Division of Engineering
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 $1,728.25 be transferred and reappropriated from the Division
of Engineering - Capital Bond Fund account #088 to #532, as set forth below:
Dated: Buffalo, NY, September 28, 1994
RECEIVED AND FILED.
No. 17
Certificate of Necessity
Transfer of Funds
Division of Engineering
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 $21,000 be transferred and reappropriated from the Division of
Engineering -- Bond account #092 to #001, as set forth below:
Dated: Buffalo, NY, September 28, 1994
RECEIVED AND FILED.
No. 18
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 inter fund cash loan from the
General Fund to the City's Capital Projects Fund in the amount of $250,000 for
the Redevelopment of Broadway/Fillmore Area. The loan will be repaid when Bond
Anticipation Notes or Bonds are issued.
From To Account Repayment Date Total
100 Gen 200 Cap Proj 200-717-046 BAN/Bond Sale $250,000
Mr. Pitts moved:
That the communication from the Comptroller, dated September 29, 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 $250,000 for the Redevelopment of Broadway/Fillmore Area. The
loan will be repaid when Bond Anticipation Notes or Bonds are issued.
PASSED.
AYES- 13 NOES- 0.
No. 19
Monthly Overtime Usage Report
I am providing the Common Council with an update of the Monthly
Overtime Usage Report as of August 31, 1994. This report provides the actual
expenditures of overtime for all City departments as well as project
departmental expenditures for the entire fiscal year based on current overtime
usage.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 20
Permission to Negotiate
68 Howard, 109' E Monroe
Vacant Lot Size: 27' x 96'
Assessed Valuation: $1,400
70 Howard, 55 W Adams
Vacant Lot Size: 27' x 96'
Assessed Valuation: $2,400
The Office of the Comptroller, Division of Real Estate has received
a request from United House of Prayer for All People, Apostle T. Reid, Pastor,
P.O. Box 1483, Buffalo, New York, to purchase the above captioned City-owned
properties. The Church intends to demolish their existing Church and construct
a new church on the same property. They would like to purchase 68 & 70 Howard
for off-street parking for their congregation and for landscaping purposes.
The Department of Community Development and the Department of Inspections
and Community Revitalization were contacted and they have no objection to this
sale. The Collections Office was contacted and there are no taxes, demolition
liens or other outstanding debts owing to the City of Buffalo by the purchaser.
This office, therefore, is requesting that we be permitted to negotiate a
private sale with United House of Prayer for All People for the above mentioned
properties and will report back to Your Honorable Body with results of
negotiations.
Mr. Pitts moved:
That the communication from the Comptroller dated, September 21, 1994 be
received and filed; and
That the Comptroller be, and he hereby is authorized to negotiate with
Apostle T. Reid, Pastor for the United House of Prayer for All People, P.O. Box
1483, for the private sale of 68 and 70 Howard and report to the Common Council
the results of such negotiations.
ADOPTED.
No. 21
Results of Negotiations
3 Butler, S E Comer Lonsdale
Vacant Lot: 38' x 105'
Assessed Valuation: $2,800
Item No. 18, C.C.P. 3/22/94
In the above referenced item Your Honorable Body authorized the
Office of the Comptroller, Division of Real Estate, to negotiate a private sale
with Ms. Angellette Evans of 5 Butler, Buffalo, New York, to purchase the above
captioned property for extra yard space.
An independent appraisal of the property was conducted by Mr. Dennis
Walker, Appraiser, Able Appraisal Associates, 43 St. Paul Street, Buffalo, New
York 14209. He has estimated the fair market value of the property to be Twelve
Hundred Dollars ($1,200.00). This represents approximately Thirty Cents (.30) a
square foot for the subject property. The Division of Real Estate concurs with
the appraisers estimate of value.
The results of our negotiations are that Mrs. Angellete Evans has agreed
and is prepared to Twelve Hundred Dollars ($1,200.00) for the property. She has
also agreed to pay for the cost of the appraisal, transfer tax, recording fees
and cost of the legal description.
I am recommending that Your Honorable Body approve the sale of 3 Butler
to Ms. Angellete Evans in the amount of Twelve Hundred Dollars ($1,200.00). 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 21, 1994, be
received and filed; and
That the offer of Ms. Angellette Evans, 5 Butler, in the sum of $1,200.00
(One Thousand Two Hundred Dollars) to purchase the property described as 3
Butler, be and hereby is accepted; and
That the Corporation Counsel shall prepare the necessary documents for
the transfer of title and that the Mayor be authorized to execute the same, in
accordance with the terms of sale upon which the bid was submitted, provided,
however,
That the appraisal requested by the City of Buffalo shall be paid by the
purchaser; and
That the transfer tax, recording fees and cost of legal description shall
be paid by the purchaser.
PASSED.
AYES- 13 NOES- 0.
No. 22
Results of Negotiations
181 Florida, 418.5' E Jefferson Lot Size: 30'x 140'
Assessed Valuation - $2,600.00
Item No. 192, C.C.P. 5/31/94
In the above referenced item Your Honorable Body authorized the
office of the Comptroller, Division of Real Estate, to negotiate the sale of
181 Florida Street to Mr. Johnny Jackson of 183 Florida Street. Mr. Jackson
intends to acquire this property for he and his daughter for extra yard space.
An independent appraisal of the property was conducted by James H. white,
J. H. white Realty, 537 Humboldt Parkway, Buffalo, New York 14208. He has
estimated the fair market value of the property to be Seven Hundred and Fifty
Dollars ($750). This represents approximately (.22) a square foot. The
Division of Real Estate has investigated the sales of similar properties in the
area. Sale prices range from .20 a square foot to .24 a square foot. The
Division of Real Estate concurs with the appraisers estimate of value.
The results of our negotiations are that Mr. Johnny Jackson and Aviva L.
Merritt, daughter of Mr. Jackson, have agreed and are prepared to pay Seven
Hundred and Fifty Dollars ($750) for the subject property. They have also
agreed to pay for the cost of the appraisal, transfer tax, recording fee, and
cost of legal description.
I am recommending that Your Honorable Body approve the sale of 181
Florida Street to Mr. Johnny Jackson and Aviva L. Merritt in the amount of
Seven Hundred and Fifty Dollars.
I am further recommending that Your Honorable Body authorize the
Corporation Counsel to prepare the necessary documents for the transfer of
title and the Mayor be authorized to execute the same.
Mr. Pitts moved:
That the communication from the Comptroller, dated September 28, 1994, be
received and filed; and
That the offer of Mr. Johnny Jackson, 183 Florida Street, in the sum of
$750.00 (Seven Hundred and Fifty Dollars) to purchase the property described as
181 Florida, be and hereby is accepted; and
That the Corporation Counsel shall prepare the necessary documents for
the transfer of title and that the Mayor be authorized to execute the same, in
accordance with the terms of sale upon which the bid was submitted, provided,
however,
That the appraisal requested by the City of Buffalo shall be paid by the
purchaser; and
That the transfer tax, recording fees and cost of legal description shall
be paid by the purchaser.
PASSED.
AYES- 13 NOES- 0.
No. 23
Sale 246 Walden to Odessa Hunter
Item No. 100, C.C.P. 6/28/94
At the request of the Common Councils Finance Committee, I am
submitting, as a late file, the results of our negotiations with Ms. Odessa
Hunter for the purchase of the above captioned property. She intends to use
this vacant lot for extra yard space.
Ms. Hunter has offered and is prepared to pay Five Hundred ($500.00) for
the vacant lot at 246 Walden Avenue. She has also agreed to pay for the cost
of the appraisal, transfer tax, recording fee's and cost of the legal
description.
As the members of the Finance Committee were informed, there was a
discrepancy between the value reported by the appraiser, hired by Ms. Hunter,
and the value reported by the Division of Real Estate.
I have reviewed this transaction with the Director of Real Estate, and I
am recommending the sale of 246 Walden to Ms. Odessa Hunter for the following
reasons; the difference in value is only $250; there has been no interest in
the parcel, since it was acquired by the City in 1990; and the vacant lot will
be restored to the tax rolls.
Therefore, I am recommending that Your Honorable Body approve the sale of
246 Walden Avenue to Ms. Odessa Hunter in the amount of Five Hundred Dollars
(500.00). I am further recommending that the Corporation Counsel prepare the
necessary documents for the transfer of title and that the Mayor be authorized
to execute the same.
Mr. Pitts moved:
That the communication from the Comptroller, dated October 4, 1994, be
received and filed; and
That the offer of Ms. Odessa Hunter, in the sum of $500.00 (five hundred
dollars) to purchase the property described as 246 Walden Avenue, a 33' x 85'
Lot, be and hereby is accepted; and
That the Corporation Counsel shall prepare the necessary documents for
the transfer of title and that the Mayor be authorized to execute the same, in
accordance with the terms of sale upon which the bid was submitted, provided,
however,
That the appraisal requested by the City of Buffalo shall be paid by the
purchaser; and
That the transfer tax, recording fees, and cost of legal description
shall be paid by the purchaser.
PASSED.
AYES- 13 NOES- 0.
FROM THE COMMISSIONER OF ASSESSMENT
No. 24
Liquor License Applications
Item No. 62, C.C.P. 09/20/94
We reviewed our tax files to determine if the individuals and/or
corporations applying for a liquor license owe real property tax, sewer rent,
local assessment and occupancy tax. According to our records, please be advised
of the following:
1) 2134 Seneca assessed as 2134 Seneca and assessed to Thomas Gang and
Timothy Leary, 42 Mumford, Buffalo, New York. Our records show the following
City taxes and sewer rent unpaid:
1993-94 City Tax and Sewer Rent $5,458.29
1994-95 first half City Tax $2,184.43
(Interest computed as of September 30, 1994.)
The occupancy tax is paid. The applicant Daniel F. Nostrant representing
DNKG, Inc., d/b/a Blackthorn, does not own property in the City of Buffalo. His
mailing address is 95 Greenbranch, West Seneca, New York. We show nothing
under the business name, Blackthorn.
2) 1680 Elmwood assessed as 1680 Elmwood and assessed to Sigmund Ploch &
Wife, 271 West Girard Blvd., Kenmore, New York, shows that the following City
tax is unpaid:
1994-95 first half City Tax $2,105.92
(Interest computed as of September 30, 1994.)
The Occupancy Tax is paid. The applicant, William Damiani, Jr. has no
property ownership in the City of Buffalo. His mailing address is 111 Porter
Avenue, Apt. 151, Buffalo, New York.
3) 16 Allen, assessed as 16 Allen and assessed to Richard E. Gritzke, 16
Allen, Buffalo, New York shows that City taxes, occupancy tax and sewer rent
are paid. We show nothing under the applicant's business name, Bistro 16 Corp.
It is suggested the Common Council obtain the names of the principals of
Bistro 16 Corp. and we can further check for taxes owing.
REFERRED TO THE COMMITTEE ON FINANCE.
FROM THE COMMISSIONER OF PUBLIC WORKS
No. 25
Notification #8414
No Left Turn Regulation - Supplement
from Elmwood Avenue into Summer Street
In conformity with Section 49 of Chapter 479 of the Ordinances
of the City of Buffalo, the City Engineer hereby notifies your Honorable Body
of this action supplementing, amending, or repealing existing provisions of
Chapter 479 of the Ordinances, as stated below, to be effective forty five days
after the first council meeting at which they appear on the agenda as an item
business.
That that part of Section 37 of Chapter 479 or Ordinances of the City of
Buffalo be supplemented by amending the following: NO LEFT TURN - SUPPLEMENT
STREET INTERSECTION HRS DIRECTION PROHIBITION
Elmwood Summer St 4p.m. - 7p.m. Northbound No Left Turn
This intersection presently contains a No Left Turn prohibition,
northbound, for the hours of 7a.m. to 10a.m. The above serial would add the
evening peak hour restrictions of 4p.m. to 7p.m. This action is being taken to
improve safety and lessen congestion at and through this very busy
intersection.
Notification Serial #8415
No Turns on Red
Niagara Street at
Ontario Street
No Turns On Red - INSTALL
In conformity with Section 49 of Chapter 479 of the Ordinances of the
City of Buffalo, the City Engineer hereby notifies your Honorable Body of this
action supplementing, amending, or repealing existing provisions of Chapter 479
of the Ordinances, as stated below, to be effective forty five (45) days after
the first Council meeting at which they appear on the agenda as an item
business.
That that part of the Subdivision 1 of Section 38 of Chapter 479 of
Ordinances of the City of Buffalo be supplemented by adding thereto the
following: Turns Prohibited Facing Steady Red Signal
Vehicles on at Intersection of
Niagara Street Ontario Street
traveling northbound South Side
This restriction is being installed to improve driver safety and reduce
accidents at a highly traveled intersection that contains a "unique" geometric
road layout.
RECEIVED AND FILED.
No. 26
Electronic Barriers for Skyway
Item # 124 C.C.P. 09/06/94
This is in response to Item #124 of September 6, 1994 regarding
the installation of electronic barriers on the Skyway, Route 5 in the City of
Buffalo.
This Department has no objection to discussing this matter with your
Honorable Body and representatives of the New York State Department of
Transportation at your Honorable Body's convenience.
RECEIVED AND FILED.
No. 27
Amend. Ord. Coin Control Amusement Devices
Item No. 155 C.C.P. 9/6/94
The Department of Public Works, Division of Licenses would like
to go on record as opposed to changing coin-controlled amusements from $141.75
per location to $47.25 per each device.
Under the current City Ordinance a location could operate up to three
coin controlled amusements for $141.75 per location per year. It was decided to
license the location last year rather than the device since the City was losing
revenue by not being able to enforce licensing each device. Operators would
regularly change machines without securing a City license and have attested to
this fact. Under the current Ordinance an operator can change devices as often
as he/she wants as long as he/she does not exceed the three devices.
The only parties that are somewhat disadvantaged are operators who
previously operated less than three devices. However, they now have the
advantage of increasing the number of machines up to three and changing them as
often as they want without incurring an additional fee.
Keep in mind that operators never paid any additional fees when machines
were changed as stated in the previous city ordinance. This could happen
several times a year if the operator felt that this particular device was not
generating enough revenue and each time the city would lose additional revenue.
Currently, the City is in the process of renewing the 1994-1995
coin-controlled amusement licenses. In order to grant a refund the City would
have to know how many devices were in each location at the time the current
amendment was passed and since this information was not required the City has
no way of obtaining this information.
Each operator could say he/she operated only one machine in each location
and was therefore entitled to a refund for two devices. In short, claims could
be filed for $94.50 for each location without the City being able to prove
otherwise. Needless to say, if the City decides to establish the former
licensing fee, said fee should be effective September l, 1995.
RECEIVED AND FILED.
No. 28
Reply To Liquor License Applications
Item # 62, C.C.P. 9/20/94
In reference to C.C.P. Item #62, 9/20/94, applications for Restaurant,
Music, and Coin Controlled Amusement Devices were mailed to 2134 Seneca Street
and 1680 Elmwood Avenue. With reference to 16 Allen Street all applications
have been received and are in process.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 29
S. Guadagna - National Historical Landmark
Fireboat "Cotter"
Item# 73, C.C.P. 9/20/94
I have reviewed the request of Mr. Guadagna and respectfully request
that said designation not be consummated.
At the present time, the Cotter is not an active fireboat and is strictly
used for ice breaking. Also, in every budget cycle, the need for the Cotter is
always reviewed and you would hamper all future budget decisions if said
designation was fuIfilled.
RECEIVED AND FILED.
No. 30
Permission to Hire A Consultant at the Erie Basin Marina
I hereby request permission from Your Honorable Body to authorize
the Commissioner of Public Works to engage the services of a consultant
engineer to prepare plans and specifications and to advertise for bids for the
necessary repair work to the roofs at the Erie Basin Marina. The repair work
was included in Phase IV which was just completed, but removed from the
contract when discovered that not enough information was known to properly do
the repair work. The consulting firm of TVG&A was hired to conduct a detailed
inspection report and recommend the necessary repairs.
Therefore, I respectfully request Your Honorable Body's permission to
perform the necessary work.
Funds for this project are available in the Division of Engineering Bond
Fund 200-401-532.
Mr. Pitts moved:
That the communication from the Department of Public Works, dated
September 27, 1994, be received and filed; and
That the Commissioner of Public Works be, and he hereby is authorized to
engage a consultant engineer to prepare reports, plans and specifications and
to advertise for bids for repair work to the roofs at the Erie Basin Marina,
with said cost to be charged to the Division of Engineering Bond Fund
200-401-532.
ADOPTED.
No. 30
Report of Bids
Sludge Discharge Connection to Buffalo Sewer Authority Contract No. 25
As authorized by your Honorable Body in Item No. 143 of April
16, 1986, plans and specifications were prepared and sealed proposals accepted
for Sludge Discharge Connection to Buffalo Sewer Authority, Contract No. 25.
I submit the following report of all bids received which were opened in
my office at 11:30 a.m. on Wednesday, September 7, 1994:
Kandey Company, Inc.
19 Ransier Drive
West Seneca, New York 14224 $92,000.00
John W. Danforth Company
1940 Fillmore Avenue
Buffalo, New York 14214 $121,199.50
Firstrhyme Construction Corp.
3517 Genesee Street
Buffalo, New York 14225 $185,825.00
Butler Construction Company, Inc.
63 Zoar Valley Road
Springville, New York 14141 $899,534.00
All bids have been reviewed by the Division of Water and the Consulting
Engineer and found to be fair and equitable.
I hereby certify that the foregoing is a true and correct statement of
all bids received and that Kandey Company, Inc. is the lowest responsible
bidder complying with the specifications for Sludge Discharge Connection to
Buffalo Sewer Authority, Contract No. 25 with their bid of $92,000.00.
I respectfully request that your Honorable Body authorize the
Commissioner of Public Works to enter into a contract with Kandey Company, Inc.
for the above work in the amount of $92,000.00 and same be charged to the
Division of Water's 416-982-016 account.
The Engineer's estimate for this work was $200,000.00.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 32
Report of Bids
Small Animal Shelter
380 Oak Street
I advertised for on August 23, 1994 and received the following
sealed proposals which were publicly opened and read on September 13, 1994.
General Construction Work
Fountain Construction 563,000
Wilsandra Construction 584,000
Bison Construction 613,000
Nichter Construction 613,000
Gerald T. Stay Co. 617,000
Clarence Associates 618,000
C.H. Byron Assoc. 619,000
LCP Construction 639,000
BRD, Inc. 653,402
Plumbing Work
M.K.S. Plumbing 87,187
Ackerman & Huebsch 87,555
A. Gareleck & Sons, Inc. 87,852
HB Plumbing 89,420
Matthew Kandefer Inc. 93,545
NuMarco, Inc. 97,000
Heating & Ventilating Work
Buffalo Sheet Metals 67,900
John W. Danforth Co. 69,400
Refrigeration 72,627
Vastola Htg & Air Cond 75,913
Kellner Mechanical 79,790
W.C. Roberson 82,000
Electrical Work
Grand Island Electric, Inc. 67,107
Warrens Electric 68,900
ClR Electric 70,900
Weydman Electric 87,310
I hereby certify that the foregoing is a true and correct statement of
all bids received and that the following are the lowest responsible bidders in
accordance with the plans and specifications.
General Construction Work - Fountain Construction in the amount of $563,00.
Plumbing Work - M.K.S. Plumbing in the amount of $87,187.
Heating/Ventilating Work - Buffalo Sheet Metals in the amount of $67,900.
Electrical Work - Grand Island Electric, Inc. in the amount of $67,107.
I recommend that Your Honorable Body authorize the Commissioner of Public
Works to order the work on the basis of the low bids. Funds for this work will
be available in B/F 200-402-099 - Division of Buildings.
Estimate for this work was $750,000.00.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 33
Report of Bids
For Reconstruction of Curb and Walk For Porter Avenue From Busti To Fargo
This is to advise Your Honorable Body that I have advertised and
received bids on September 21, 1994 for the Reconstruction of Curb and Walk for
Porter Avenue.
In obtaining bids for the above project, I have asked for bids on a unit
price covering the various items of work and material which will be performed.
The final cost of the work will be based on the actual measured quantities of
materials entering into the work and may be either more or less than the total
bid.
The following bids were received:
M.P.J. Contracting Inc. $53,152.50
Cemulini-Pecoraro Construction Co. $56,440.00
Campobello Construction Co., Inc. $66,738.00
I hereby certify that the lowest responsible bidder for the above project
is M.P.J. Contracting Inc.
The award requires the transfer of funds from three (3) accounts to an
appropriate # 500 account in the Division of Engineering as follows:
FROM: # 200-401-014 $50,000.00
CDBG 92-08201 $14,000.00
CDBG 93-08202 $ 5,200.00
TOTAL: $69,200.00
TO:# 200-401-5** $69,200.00
** Final account # to be determined at later date.
I respectfully recommend that Your Honorable Body order the work, the
cost thereof to be charged to the Division of Engineering, CPF #200-401-5** in
an amount of $53,152.50, plus approved unit prices not to exceed an additional
amount of $16,047.50 for a total encumbrance of $69,200.00. The Engineer's
estimate for this work is $60,000.00
The attached is certified to be a true and correct statement of the two
(2) lowest bids received. Under provisions of the General Municipal Law, any
of the bidders may withdraw his bid if an award of the contract is not made by
November 7, 1994. Individual bid submissions are available in our office for
inspection and copies are available upon request.
Mr. Pitts moved:
That the communication from the Department of Public Works, dated
September 21, 1994, be received and filed; and
That the Commissioner of Public Works be, and he hereby is, authorized to
award a contract for the Reconstruction of Curb and Walk for Porter Avenue to
M.P.J. Contracting Inc., the lowest responsible bidder in an amount of
$53,152.50, plus approved unit prices not to exceed and additional amount of
$16,047.50 for a total encumbrance of $69,200.00, with said cost to be charged
against the Division of Engineering, CPF #200-401-5__ (final account number to
be determined at a later date).
PASSED.
AYES- 13 NOES- 0.
No. 34
Report of Bids For Reconstruction of Curb and Walk
For Dignity Circle
This is to advise Your Honorable Body that I have advertised and
received bids on September 21, 1994 for the Reconstruction of Curb and Walk for
Dignity Circle.
In obtaining bids for the above project, I have asked for bids on a unit
price covering the various items of work and material which will be performed.
The final cost of the work will be based on the actual measured quantities of
materials entering into the work and may be either more or less than the total
bid.
The following bids were received:
Cemulini-Pecoraro Construction Corp. $44,273.80
Campobello Construction Co., Inc. $50,894.00
M.P.J. Contracting, Inc. $69,018.40*
* Adjusted Amount
I hereby certify that the lowest responsible bidder for the above project
is Cemulini-Pecoraro Construction Corporation.
I respectfully recommend that Your Honorable Body order the work, the
cost thereof to be charged to the Division of Engineering, CPF
#200-401-014-00-000 in the amount of $44,273.80, plus approved unit prices not
to exceed an additional amount of $5,726.20 for a total encumbrance of
$50,000.00. The Engineer's estimate for this work is $50,000.00
Thee attached is certified to be a true and correct statement of the two
(2) lowest bids received. Under provisions of the General Municipal Law, any
of the bidders may withdraw his bid if an award of the contract is not made by
November 7, 1994. Individual bid submissions are available in our office for
inspection and copies are available upon request.
Mr. Pitts moved:
That the communication from the Department of Public Works, dated
September 22, 1994, be received and filed; and
That the Commissioner of Public Works be, and he hereby is, authorized to
award a contract for the Reconstruction of Curb and Walk for Dignity Circle, to
Cemulini-Pecoraro Construction Corporation, the lowest responsible bidder in an
amount of $44,273.80, plus approved unit prices not to exceed and additional
amount of $5,726.20 for a total encumbrance of $50,000.00, with said cost to be
charged against the Division of Engineering, CPF # 200-401-00-000.
PASSED.
AYES- 13 NOES- 0.
No. 35
Change in Contract
Asbestos Abatement Kleinhans Music Hall
I hereby submit to Your Honorable Body the following change in
contract for the Asbestos Abatement, Kleinhans Music Hall Order No. 11203220:
1. Perform demolition and remove existing ceiling and portion of adjacent
walls in basement level snack room.
Add 907.20
The foregoing change results in a net increase in the contract of Nine
Hundred Seven and 20/100 Dollars ($907.20).
Summary Original Amount of Contract 13,700.00
Amount of this Change (No. 10) Add 907.20
Revised Amount of Contract $14,607.20
This change could not be foreseen at the time contract was let. Costs
have been reviewed by the Department of Public Works and found to be fair and
equitable. Funds for this work are in B/F 200-402-030 - 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.
Mr. Pitts moved:
That the communication from the Department of public Works, dated
September 13, 1994, be received and filed; and
That the Commissioner of Public Works be, and he hereby is, authorized to
issue change order #10, changes resulting in a net increase in the amount of
$907.00, as more fully described in the above communication, for work relating
to Asbestos Abatement, Kleinhans Music Hall Order No. 11203220. Funds to be
charged to B/F 200-402-030 Division of Buildings.
PASSED.
AYES- 13 NOES- 0.
No. 36
Change in Contract
Change Order No. 3
City Contract No. 91719600
Waterline Replacement - Various Streets
I hereby submit to your Honorable Body the following change order
with Kandey Company, Inc. for work relating to Waterline Replacement - Various
Streets, City Contract No. 91719600:
Work Item No. 04.290 - Asphalt Concrete Slab
Contract called for 100 tons. Actual quantity used was 88.3 tons. Decrease of
11.7 tons.
Decrease: $ 1,053.00
Work Item No. R05.204 - Concrete Sidewalk/Approach 4"
Contract called for 2000 square feet. 1,413.6 square feet actually needed.
Decrease of 586.4 square feet.
Decrease: $ 2,638.80
Work Item No. R05.206 - Concrete Sidewalk /Approach 6"
Contract called for 420 square feet. 355.6 square feet actually needed.
Decrease of 64.4 square feet.
Decrease: $ 322.00
Work Item No. 09.020 - Temporary Bypass Piping
1 I.f. of temporary bypass piping called for in contract - none was needed.
Decrease: $ 1.00
The actual installed quantities based on final field measurements
resulted in a net decrease.
Costs have been reviewed by the Department of Public Works and found to
be fair and equitable.
SUMMARY:
Original amount of contract $978,531.05
Amount of Change Order No. 1 (Increase) $142,758.70
Amount of Change Order No. 2 (Decrease) $ 4,821.14
Amount of Change Order No. 3 (Decrease) $ 4,014.80
Current Amount of Contract $1,112,4531
Funds in the amount of $ 4,014.80 are to be credited to the Division of
Water's 416 Capital Project Fund, 980-060 account.
I recommend the above change order and it is respectfully requested that
your Honorable Body authorize the Commissioner of Public Works to issue a
change order as set forth above.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 37
Change in Contract - City Contract 91748900 Cleaning and Lining Watermains
Contract No. 21A & 21B
Creamer Brothers, Inc.
I hereby submit to your Honorable Body the following change order
with Cramer Brothers, Inc. for work relating to Cleaning and Lining Watermains,
Contract No. 21A and 21B, City Contract No. 91748900:
In the intersection of Elmwood and Virginia Streets, furnish all labor,
materials, tools and equipment necessary to cut and cap/remove existing 10"x6"
tee, cut 10" pipe east of cut and install new 10" x 6" tee and approximately 40
LF of 6" pipe and fittings to connect to newly cleaned and lined 6" watermain
north of Virginia Street.
Increase: $ 12,183.10
Interim adjustment to estimated quantities to various unit price bid
items.
Item No. 02.150 - Extra Unclassified Excavation
Original estimated quantity - 100 cubic yards; revised estimated quantity
- 400 cubic yards.
Increase: $ 15,000.00
Item No. 03.110 - Extra Select Granular Fill
Original estimated quantity - 100 cubic yards; revised estimated quantity
- 400 cubic yards.
Increase: $ 6,000.00
Item No. 09.004 - Temporary 4 Inch Bypass Piping
Original estimated quantity - 26,100 l.f.; revised estimated quantity -
11,500 l.f.
Decrease: $ 21,900.00
Item No. 09.030 - Remove Obstructions 6-Inch Watermain
Original estimated quantity - 9 each; revised estimated quantity - 15
each.
Increase: $ 9,000.00
Item No. 09.140 - Ductile Iron Specials
Original estimated quantity - 3,700 lbs.; revised estimated quantity -
7,500 lbs.
Increase: $7,600.00
Item No. 09.550 - Abandon Existing Valves in Place
Original estimated quantity - l each; revised estimated quantity - 8
each.
Increase: $ 17,500.00
Item No. 09.551 - Remove Existing Valves
Original estimated quantity - 4 each; Revised estimated quantity - 10
each.
Increase: $ 15,000.00
Furnish all labor, materials, tools, and equipment necessary to install
additional 6 inch ductile iron pipe at various locations;
Irving Place - 510 I.f. (Net difference in unit price $82.50 - 55.00) x
$27.50
Increase: $ 14,025.00
Additional estimated quantity - 350 l.f. x revised unit price of $82.50
Increase: $ 28,875.00
The above changes are necessary as the condition of the existing
piping/fittings/valves are deteriorated and require replacement to complete
renovation of flee watermains. Actual quantities of installed work will
exceed/underrun the original quantities estimated prior to bid. The scope and
extent of required replacement of watermain was found to substantially exceed
that originally estimated.
Costs have been reviewed by the Department of Public Works and found to
be fair and equitable.
SUMMARY:
Original amount of contract $ 1,178,570.00
Amount of Change Order No. 1 - Increase $ 117,295.25
Amount of Change Order No. 2 - Increase $ 103,283.10
Current Amount of Contract $ 1,399,148.35
Funds in the amount of$ 103,283.10 are available in the Division of
Water's 416-Capital Project Fund, 982-013-00-000 account.
I recommend the above change order and it is respectfully requested that
your Honorable Body authorize the Commissioner of Public Works to issue a
change order as set forth above.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 38
Change in Contract - Change Order No.1
City Contract No. 91749200
Cleaning and Lining Watermains on Porter
Avenue and Jersey Street, Contract #22
I hereby submit to your Honorable Body the following change order
with Firstrhyme Construction Corp. for work relating to Cleaning and Lining 60"
Watermains on Porter Avenue and Jersey Street, Contract No. 22, City Contract
No. 91749200:
Furnish and install all labor, equipment, tools and materials to provide one
(1) access excavation, pipe entrance and closure in 48" water transmission main
in Jersey Street at Lakeview Avenue.
Increase: $ 24,259.00
Provide additional mobilization, maintenance and protection of traffic during
installation of 48" valve in Porter Avenue at Symphony Circle.
Increase: $ 1,900.00
Provide temporary relocation and permanent replacement of sewer on Jersey
Street at Prospect Avenue.
Increase: $ 4,529.00
Weld in place replacement 2" diameter support rod, and seal weld rod
penetrations at tee fitting on 48" Jersey Street water transmission main at
Busti Avenue.
Increase: $ 3,150.00
Furnish and install additional labor, equipment, tools and materials to perform
manual cleaning of approximately 2100 If. of 48" water transmission piping on
Porter Avenue; install one (1) additional access excavation, pipe entrance and
closure at Prospect Avenue.
Increase: $ 93,713.00
In order to maintain critical water flow and pressure during peak summer
season, the contractor was required to maintain Lakeview Avenue transmission
main in service throughout the cleaning, lining and valve replacement work on
Jersey Street 48" transmission main. This necessitated the installation of one
(1) additional access pit in Jersey Street for cleaning and lining operation.
The additional work was also necessary to replace the defective valve, not in
original contract area, while eliminating valve replacement on Jersey Street at
Prospect Avenue. The sewer was discovered to be in conflict with required
replacement of 48" filling on water transmission main. The support rod was
discovered during inspection of transmission main required removal and
replacement to accommodate cleaning and lining operations. The internal
inspection of the South Porter Avenue water transmission main discord three (3)
3-inch diameter virtical support rods at each of the four branch fillings
located at Prospect Avenue, 7th Street and Busti Avenue. These rods prohibit
the cleaning of the transmission main with a "pig" type hydraulic cleaner and
will require manual cleaning of the pipe line. The additional access point is
required to accommodate manual cleaning and application of lining material.
Costs have been reviewed by the Department of Public Works and found to
be fair and equitable.
SUMMARY:
Original amount of contract $ 1,059,236.00
Amount of Change Order No. 1 - Increase $ 127,551.00
Current Amount of Contract $ 1,186,787.00
Funds in the amount of$ 127,551.00 are available in the Division of
Water's 416-Capital Project Fund, 982-008-00-000 account.
I recommend the above change order and it is respectfully requested that
your Honorable Body authorize the Commissioner of Public Works to issue a
change order as set forth above.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 39
Change in Contract
New Windows at Col. Ward Station Complex
Nichter Construction Company, Inc.
I hereby submit to your Honorable Body the following change order
with Nichter Associates, Inc. for work relating to New Windows at Col. Ward
Station Complex, Phase II, Contract No. 91755800:
New Work Item:
Two (2) new thermal break projected windows - 8'4" x 4'6" which include all
sash anchors, mullions, covers and trim pieces. Also include factor applied
duranodic finish, all glass, glazing and glazing materials; perimeter caulking.
Increase: $ 7,727.06
New Work Item:
Three (3) 32" x 32" x 4" insulated glass block windows installed with 8" x 16"
screened thermal vents.
Increase: $ 580.80
This work was could not be foreseen at the time the contract was let. New
windows were needed as it was the intent of the project to make all areas in
the Col. Ward Pumping Station as energy saving as possible.
Costs have been reviewed by the Department of Public Works and found to
be fair and equitable.
SUMMARY:
Original amount of contract $ 89,475.00
Amount of Change Order No. 1 - Increase $ 8,307.86
Current Amount of Contract $ 97,782.86
Funds in the amount of $ 8,307.86 are available in the Division of
Water's 416-Capital Project Fund, 980-043-00-000 account.
I recommend the above change order and it is respectfully requested that
your Honorable Body authorize the Commissioner of Public Works to issue a
change order as set forth above.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 40
Change in Contract
Marquee & Grand Window Restoration
646-648 Main Street
I hereby submit to Your Honorable Body the following change in
contract for the Marquee & Grand Window Restoration, Shea's Performing Arts
Center, Midland Empire Constructors, Inc. C-91753400:
1. substitute a snap-in ceramic light socket in lieu of plastic light
sockets specified. Add $2,300.00
2. Provide additional reinforcement to existing marquee steel. Add
$5,666.00
The foregoing change results in a net increase in the contract of Seven
Thousand Nine Hundred Sixty-six and 001100 Dollars ($7,966.00).
Summary:
Original Amount of Contract $678,000.00
Change Order #1 (CCP 38 7-12-94 Add 1,360.00
Amount of This Change (No. 2) Add 7,966.00
Revised Amount of Contract $687,326.00
This change could not be foreseen at the time contract was let. Cost have
been reviewed by the Department of Public Works and found to be fair and
equitable. Funds for this work are in B/F 200-402-031 - Division of Buildings.
I recommend that Your Honorable Body authorize the Commissioner of Public
Works to issue a change order to the Contractor as set forth above.
Mr. Pitts moved:
That the communication from the Department of Public Works, dated
September 19, 1994, be received and filed; and
That the Commissioner of Public Works be, and he hereby is, authorized to
issue change order #2, to Midland Empire Constructors, Inc., changes resulting
in a net increase in the amount of $7,966.00, as more fully described in the
above communication, for work relating to Marquee and Grand Window Restoration,
646-648 Main Street, C-91753400. Funds to be charged to B/F 200-402-031
Division of Buildings.
PASSED.
AYES- 13 NOES- 0.
No. 41
Water Rate Restructuring Study
Item No. 35, C.C.P. 9/20/94
In the referenced item, the Buffalo Water Board requested Your
Honorable Body's input into several alternatives for a new water rate
structure. Alternatives #7 and #4 were given as preferred in general terms.
With the assistance of the Comptroller's Data Processing Division, we
have tested 10,836 customers to determine the effects of each alternative.
Using alternative #4, 1,973 bills increased and 8,863 decreased. Using
alternative #7, 4,527 bills increased and 6,309 decreased. These figures were
based on metered water usage for the most recent billing period.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 42
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
Item #210, C.C.P. 09/20/94
The following are the steps to be taken to assist bingo operators
and other not-for-profit agencies in understanding the new laws passed by New
York State for bingo, games of chance, bell jar and raffles.
1. Have a direct one on one explanation of rule changes and suggestions on the
best way to implement these changes at the individual bingo hall locations.
This one on one explanation will take place a regularly scheduled inspections.
2. Seminar meetings will be scheduled in the council chambers. These meetings
will be scheduled for four different dates to address four different geographic
areas of the city, i.e.; north, south, east and west. The meetings will help
address problems and questions commonly shared by game operation in each of
these areas.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 43
Change of Alternate Parking on Beard Avenue
Item #114 C.C.P. 09/06/94 Item #115 C.C.P. 09/06/94
This is in response to Item #'s 114 & 115 of September 6, 1994
regarding the aforementioned subject. Please be advised that the Department of
Public Works - Traffic Section is in receipt of two (2) petitions from the
residents of Beard Avenue. These petitions stand directly opposed to each other
and yet contain signatures of the same persons on each of them.
Therefore, in order to clarity the situation, my Traffic Section will
conduct an independent and objective survey of Beard Avenue homeowners. This
survey will be done in order to accurately assess the wishes of homeowners with
regard to the type of Alternate Parking they desire for their street. We plan
to administer this survey in October of this year and will report our findings
to your Honorable Body upon tabulation of results.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 44
Designate Handicapped Parking
Item #154 C.C.P. 09/06/94
This is in response to Item #154 of September 6, 1994 regarding
the above mentioned subject. It is the position of the Department of Public
Works that the installation of handicapped parking on city streets will be
studied on a case-by-case basis.
My Department has no objection to installing handicapped parking spaces
on city streets provided the business or organization requesting this on-street
type parking has no other means of providing it themselves.
We will continue to work with the Division of Parking Enforcement and
install this type of parking whenever appropriate.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 45
Inspection of 161 Blaine
Item No. 143, C.C.P. 09/06/94
An inspection of the property at 161 Blaine Avenue was made as
requested and the following conditions were found concerning parking practices
at that location.
There is a legal driveway running to the rear of the property with a curb
cut well under the maximum legal limit of twelve feet in width.
The owner has, however, attached an additional paved area in the front of
the house along side the driveway that by itself is not illegal, unless a
vehicle is parked in that area.
On the day of the inspection, there were three vehicles parked in the
front yard area at that location which is illegal but not enforced by this
department because we have no such jurisdiction in these matters.
We recommend the Police Department or Parking Violations Bureau issue
tags to those vehicles parked in the front of this property particularly those
using the area designated, as City property.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 46
City Hall Cafeteria Marriott Management Services Extension of Cafeteria
Contract from 10/15/94 to 12/16/94
Please be advised that the Department of Public Works, Division
of Buildings, has decided to request proposals again from various vendors in
order to attract more bidders for the City Hall Cafeteria operation. To this
end, Marriott Management Services has agreed to extend their current contract
from 10/15/94 to 12/16/94 and to pay the City of Buffalo 2.1% of the gross in
lieu of monthly rental payments.
Mr. Pitts moved:
That the communication from the Department of Public Works, dated
September 28, 1994, be received and filed; and
That the Commissioner of Public Works be, and he hereby is, authorized to
extend the contract with Marriott Management Services for the City Hail
Cafeteria from 10/15/94 to 12/16/94 and to pay the City of Buffalo. 2.1% of the
gross in lieu of monthly rental payments.
PASSED.
AYES- 13 NOES- 0.
No. 47
Restaurant-Dancing Class III 622 Main
Pursuant to Chapter 150 of the City of Buffalo Ordinances, please
be advised as follows:
I have examined the attached application for Restaurant/Dancing Class III
located at 622 Main and find that as to form it is correct. I have caused an
investigation into the premises for which said application for
Restaurant-Dancing Class III License is being sought and according to the
attached reports from the Fire Department and Building Inspector, I find it
complies with all regulations and other applicable laws.
I have caused an investigation by the Police Department into the moral
character of Eric Pellegrino. The report from the Police Department
recommending approval is attached hereto for Keystone Kelly's at 622 Main.
This request is submitted for your consideration and whatever action you
deem appropriate.
Mr. Pitts moved:
That the communication from the Department of Public Works dated,
September 27, 1994 be received and filed; and
That pursuant to Chapter 150 of the Ordinances of the City of Buffalo,
the Director of Licenses and Permits is hereby authorized to issue a
Restaurant/Dancing Class III License to Eric C. Pellegrino, proprietor of
Keystone Kelly's, 101 Theater Place, be, and the same hereby is approved.
ADOPTED.
No. 48
Certificate of Appointment
Appointment to become effective 9/20/94 in the Department of Public
Works, Division of Engineering Joseph Poltorak 106 Delsan Ct., Buffalo, NY
14216, to the position of Engineering Aide, Permanent at the Intermediate
starting salary of $24,407.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
FROM THE COMMISSIONER OF POLICE
No. 49
"NYSDOT - Electronic Barriers For Skyway"
(Item #124, C.C.P. Sept. 6, 1994)
The Buffalo Police Department is presently in discussion with
the regional office of the NYS Department of Transportation and is requesting
their assistance to erect traffic safety devices in and around the Buffalo
Skyway complex. Two meetings have been held to date with NYSDOT
representatives under the coordination of Councilmember Bonnie Kane Lockwoods
office. The Department is hopeful that NYSDOT can assist in this matter.
RECEIVED AND FILED.
No. 50
C.O.M.B.A.T. Grant Program
Additional Funding: '94-95
Item #48, C.C.P. 07/12/94
We have been awarded $216,625 in renewal funding from the New
York State Division of Criminal Justice Services for the renewal of our
C.O.M.B.A.T Grant Program for the period April 1, 1994 through March 31, 1995.
As you are aware, recently when Governor Cuomo visited Buffalo on
September 19, 1994, the COMBAT Grant Program funding was increased by $180,000:
$150,000 to be utilized by the Buffalo Police Department to purchase weapons
and $30,000 to be used for the purchase of portable radios. This increases the
total grant award to $396,625 in federal funds (the City's cash match also
changes from $100,072.00 to $132,208.00).
On July 12, 1994, your Honorable Body approved an interfund cash loan in
the amount of $9,415.00 as a cash advance for all non-personnel expenses until
such reimbursement is secured from the State. With the increased award of
$150,000, we are respectfully requesting that your Honorable Body authorize the
Comptroller to provide for an additional interfund cash loan under the COMBAT,
in the amount of $150,000 to accommodate this increase in funding. This loan
would then be repaid as the reimbursements are sent to the City from the State
under the COMBAT Grant Program. Please be advised that this additional funding
can be utilized only for the purpose of purchasing the 9mm weapons and the
portable radios.
We are asking that you expedite this matter as quickly as possible as we
must follow the City's purchasing process. We must initiate the paperwork
immediately since the grant's expiration date is March 31, 1994, and the
ordering of this equipment takes several months following all the mandated
requirements.
If additional information is required, please contact Captain Edward C.
Hempling, Administrative Services/Grants.
Thank you for your attention to this matter.
Mr. Pitts moved:
That the communication from the Police Department, dated September 28,
1994, be received and filed; and
That the Comptroller be, and he hereby is, authorized to provide for an
additional interfund cash loan under the C.O.M.B.A.T. Grant Program, in the
amount of $150,000 to accommodate the increase in funding. This loan would then
be repaid as the reimbursements are sent to the City from the State under the
C.O.M.B.A.T. Grant Program. The additional funding can be utilized only for the
purpose of purchasing 9mm weapons and portable radios.
PASSED.
AYES- 13 NOES- 0.
No. 51
Asset Forfeiture
In response to your request regarding asset forfeiture funds,
the following information is being submitted. A number of other police
departments were contacted and it was determined that asset forfeiture funds
designated for drug prevention are most often used for the D.A.R.E. program.
As you know, D.A.R.E. Buffalo was made available to only 2/3 of our fifth
graders last year due to cutbacks in funding. It is my intention to provide
D.A.R.E. to all schools this school year. Therefore the use of asset forfeiture
funds will be necessary if we are to have a successful D.A.R.E. program.
Please let me know if I can answer any additional questions.
RECEIVED AND FILED.
FROM THE COMMISSIONER OF FIRE
No. 52
National Historical Landmark - Fireboat Cotter
Item No. 073, C.C.P. 09/20/94
Since she was built in 1900, the fireboat Edward M. Cotter has
served well the citizens of Buffalo by protecting our harbor and the many
businesses, recreational facilities and housing that thrived there for almost a
century. The Cotter is indeed an integral part of our history, and is deserving
of an honored place in our future.
I fully support the request of former fireboat pilot Salvatore (Sam)
Guadagna to designate the Edward M. Cotter as a historical landmark. It is my
earnest hope that this would insure that the services the fireboat has provided
us are not forgotten.
RECEIVED AND FILED.
No. 53
Fire Response Times
Item No. 165, C.C.P. 09/06/94
On July 1, 1994, the Buffalo Fire Department closed four (4) fire
companies. Since that date, the response times of fire companies have, in those
areas, remained within the guidelines of five (5) minute response time for the
first due engine, and ten (10) minutes response time for the full assignment of
three (3) engines, two (2) ladder companies and the Chief officer. Of the more
than 6,000 emergency calls handled by the Buffalo Fire Department in the months
of July and August 1994, all but a handful met this criteria established by the
National Fire Protection Association, International Association of City
Managers, and the American Insurance Association indeed, we have met the
criteria of four (4) minute response time set by Local 282, Buffalo
Professional Firefighters Association, in the vast majority of these calls.
For the small number of emergency calls that have not met the five (5)
minute criteria to which we adhere, we have made some necessary adjustments. I
have enclosed two memos that I recently sent to the entire Department to
address these shortcomings.
REFERRED TO THE COMMITTEE ON LEGISLATION AND LOCAL 282.
No. 54
Information on Response Time Due to Cut Backs
Item No. 74, C.C.P. 09/20/94
I have reviewed the items contained in your inquiry of September
21, 1994 regarding the above, and offer the following observations:
Incident No. 1:
244 Prospect - Aug 7, 1994 Time of Alarm Arrival Response Time
1st pumper Engine 2 449 451 2 minutes
2nd pumper Engine 1 449 452 3 minutes
3rd pumper Engine 3 449 435 6 minutes
1st ladder Truck 9 449 452 3 minutes
2nd ladder Truck 4 449 453 4 minutes
4th Batt. Chief 449 453 4 minutes
1.) The first pumper arrived within the 5 minute response time established
for the first-in fire engine to arrive, as prescribed by the National Fire
Protection Association (NFPA), American Insurance Association (AIA) and the
International Association of City Managers (IACM).
2.) The first pumper actually arrived within the 4 minute response time for
the first-in fire engine as interpreted by Local 282, Buffalo Professional
Firefighters Association.
3.) All first alarm companies arrived within the 10 minute response time
established for a full assignment by the NFPA, AIA and IACM, and within 8
minutes as interpreted by Local 282.
4.) There was no delay in response of any apparatus.
5.) All fire companies arrived on the scene with 4 firefighters per crew
which made them better able to perform the task of laying in hose lines. Prior
to July 1, 1994, several companies would have arrived with three firefighters
per crew, which would have placed fire crews in greater danger of injury, and
made for a slower operation.
6.) When fire companies arrived, fire was fully involved at a house at 244
Prospect, and had spread to another house at 242 Prospect, and a three story
apartment house at 246-248 Prospect. I was personally on the seen supervising
operations, and in my opinion there is nothing we could have done, regardless
of how many companies we had, or when they arrived on the scene, to halt the
propagation of flame throughout the three structures.
Incident No. 2:
Botanical Gardens - September, 1994
1st Aid Call
Engine 4 - at 106 Dorrance on first aid call
Engine 25 - out of service to Sisters Hospital for Hepatitis B shots
Ladder 10 - Out of service training
Engine 35 was dispatched upon receiving the call at 11:14 a.m. and arrived on
the scene at 11:22. The ambulance was dispatched at 11:14 and arrived on the
scene within 4 minutes to perform cardio-pulmonary resuscitation (CPR) and
defibrillation.
1.) If Engine 4 had not been on the Dorrance Street call, they would have
arrived at the Botanical Gardens in four minutes or in about the same time as
the ambulance.
2.) If Engine 25 or Ladder 10 had been in service and available for emergency
response, neither company could have reached the Botanical Gardens before the
ambulance arrived. Approximate response time would be about 5 min., 30 seconds.
3.) Alarm dispatcher was in the process of shifting an engine to Engine 25's
quarters when Bottanical Gardens call came in.
4.) Once Engine 25 was scheduled for Hepatitis B shots, the training for
Ladder 10 should have been cancelled. Dispatchers have been reprimanded, and
instructions have been given to them to insure adequate response time in South
Buffalo as well as the rest of the City.
Incident No. 3:
Niagara and Penfield - Auto Accident
Time of Alarm 759 pm.
Time of Arrival 803 p.m.
1.) Engine 19 was dispatched alone to the report of an automobile accident at
Niagara and Penfield Streets. Upon arrival, they discovered three vehicles
involved in the accidents and two occupants pinned in one of the vehicles.
They called for help immediately, and began extrication efforts.
2.) Two ambulances and ladder 4, at Chenango and Rhode Island Streets, were
dispatched and arrived on the scene minutes later.
3.) Ladder 7, which carries a jaws of life tool was dispatched at the same
time as Ladder 4.
4.) Engine 19 and Ladder 4 extricated victims before Ladder 7 arrived on the
scene. Jaws of life tool was not needed.
5.) Prior to July 1, 1994, three companies had the jaws of life tool. They
were Rescue 1, Rescue 2 and Engine 10. We now have equipped six companies with
this tool. They are Rescue 1, Engine 10, Ladder 4, Ladder 7, Ladder 10 and
Ladder 12. As money become available, all twelve ladder companies will be
equipped with jaws of life.
REFERRED TO THE COMMITTEE ON LEGISLATION AND LOCAL 282.
FROM THE CORPORATION COUNSEL
No. 55
Terminate Outstanding LDA's
Item No. 193 C.C.P. September 20, 1994
This above item, a resolution requesting the Buffalo Urban Renewal
Agency (the "Agency" or "Agency") to immediately terminate all outstanding Land
Disposition Agreements ("LDA's"), has been referred to this office for comments
and/or a recommendation.
Accordingly, upon discussion of this matter with Agency Counsel, we have
been assured that the Agency is in fact proceeding with the termination of
outstanding LDA's. This office was also informed that the Agency is preparing
an updated report of its progress with this matter, and shall submit a
completed updated report to the Common Council as soon as possible.
REFERRED TO THE URBAN RENEWAL AGENCY COMMITTEE.
FROM THE COMMISSIONER OF COMMUNITY DEVELOPMENT
No. 56
Response To Request For
$25,000 CDBG Funds
El Museo Gallery -
King Urban Life Center
This department has reviewed the above referenced item and would
like to respond accordingly.
20th Year Block Grant funds have already been allocated to specific
projects during the normal CDBG funding process.
We would strongly urge and suggest that the King Urban Life Center
Executive Director (Celeste Lawson) make a formal request for C.D.B.G. funds
for the 21st year in February of 1995 to this department and or a sponsoring
Councilmember.
This would allow for the internal programming of funds and would further
allow for the exterior restoration of the structure which is currently under
design to be completed.
RECEIVED AND FILED.
No. 57
Report of Bids - Building Demolition and Asbestos Removal
1021-1027, 1029, 1031-1033 Broadway
On Wednesday September 28, 1994 at 11:00 a.m. the Department of
Community Development received and opened the following sealed bids for
building demolition and asbestos removal at 1021-1027, 1029 and 1031-1033
Broadway:
BIDDER AMOUNT OF BD
1.) Kimmins Corporation
256 3rd Street $283,500
P.0. Box 120 Falls Station
Niagara Falls, New York
2.) Mainline Contracting Corp.
P.O. Box 933 $319,000
Ellicott Station
Buffalo, New York 14205
3.) Lebis Enterprises Inc.
261 Massachusetts Avenue $353,800
Buffalo, New York
4.) Cedar Wrecking & Salvage
6465 Transit Road $360,000
P.O. Box 237
East Amherst, New York
5.) Gerald T. Stay Co. Inc.
255 Great Arrow Avenue $444,444
Buffalo, New York 14207
6.) Integrated Waste Special Services
201 Ganson Street $481,512
Buffalo, New York
All three structures in question are city owned and were declared
hazardous by Commissioner Anthony Marconi and Daniel E. Kreuz, P.E. of my staff
in April of 1994. Appropriate clearances have been obtained from the Buffalo
Preservation Board, the New York State Office of Parks, Recreation and Historic
Preservation (SHPO) and HUD. Asbestos removal variances have been granted by
the New York State Department of Labor due to the poor structural conditions of
these buildings.
The engineers estimate for this work was $350,000 and funds are available
in Community Development Bond Account #200-717-046.
I therefore recommend that Your Honorable Body authorize the Commissioner
of Community Development to award a contract to Kimmins Corporation based on
the bids received.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 58
R. Mergenhagen - Request to
Erect a Billboard at
25 Mergenhagen
Item No. 81, C.C.P. 9/20/94
Attached for your information is the short Environmental Assessment
Form for the matter captioned above.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 59
J. Bellanti - Request to Erect a Billboard at 1585 Clinton St
Attached for your information is the short Environmental Assessment
Form for the matter captioned above.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 60
Status Report - Outstanding LDA's
Item No. 193, C.C.P. 9/20/94
Pursuant to Your Honorable Body's request, attached please find
an updated report on outstanding LDA's.
REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT.
No. 61
Reporting of Expenditures For Crossroads Arena
Pursuant to your request, please find attached a detailed list
of expenditures for the Crossroads Arena project covering the period or June
14, 1994 to September 12, 1994.
To aide in the review of the listed items, I have prepared the following
explanations:
A. Item 1 is for xerox copies.
B. Items 2, 4 and 15 are the amounts negotiated for the purchase of land at
the Crossroads Site.
C. Item 3 is the cost to mail official acquisition notices.
D. Items 5, 12, and 20 are for legal bills for land acquisition.
E. Items 6 and 8 are for publication or official notices.
F. Items 7, 9, 16 and 18 are for site maintenance on acquired sites.
G. Items 10, 14, 17 and 22 are reimbursement of CAC expenses incurred
pursuant to the Memorandum Of Understanding.
H. Item 13 is for stenographic transcripts.
I. Finally, Items 19 and 21 are insurance coverage on newly acquired
parcels.
As of September 12, 1994, the City of Buffalo has spent the following:
Bond Fund - 018 $10,000,000.00
Contracted and Approved 5,200,111.39
Balance 4,799,888.61
All monies expended on Crossroads are paid from Bond Fund account
018-$10,000,000. which was allocated for land acquisition, site clearance,
utility relocation and infrastructure improvements.
I trust this is the information you wished to examine. I will continue to
update it periodically. In the interim, if you have any questions, do not
hesitate to call me.
REFERRED TO THE URBAN RENEWAL AGENCY COMMITTEE.
FROM THE COMMISSIONER OF STREETS
No. 62
Dog Food Donation To Animal Shelter
Please be advised that Francis Angelo located at 195 Norwalk,
Buffalo, New York has donated 22 cases of dog biscuits to the Buffalo Animal
Shelter.
RECEIVED AND FILED.
No. 63
"J. Judelshon - Change to Alter. II Pkg. -Beard Avenue"
Item #115, C.C.P. September 6, 1994
In answer to Item #115, C.C.P. September 6, 1994, I wish to advise
that I have no objections to the request of these property owners on Beard
Avenue between Hertel and Starin Avenues.
I will state, however, that the Street Sanitation Department cannot
accept responsibility if their street is not broomed or plowed properly. If
parking is allowed on both sides of street after 4:00 p.m. weekdays and all day
on Saturday and Sunday, our crews will only be able to plow the center of the
street.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 64
Appt. Tractor Trailer Oper.
(Com. #80, C.C.P. September 6, 1994)
Mr. Anthony Gallo has been an Equipment Operator with the Streets
Department since 1981. He is responsible for performing many of our special
projects, which require an operator who is highly skilled to perform these
tasks.
Therefore, I recommended Mr. Gallo receive the intermediate salary level.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
No. 65
Info Appt. Training Officer
Item # 81 CCP., September 6, 1994
Attached is resume of Joseph Mancuso, appointed Provisional Training
Officer in the Department of Street Sanitation.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
FROM THE COMMISSIONER OF INSPECTIONS AND COMMUNITY REVITALIZATION
No. 66
Transfer of Properties Under Urban Homestead Act
41-45 Edna Street
550 East North Street
178 Mulberry Street
In January of this year, Your Honorable Body was notified about
the efforts of the Department of Inspections and Community Revitalization to
expand the number of housing units available to low income buyers through the
Urban Housing Program. This will be accomplished with the use of Home and Hope
Funds to rehabilitate and resell vacant City and H.U.D. owned single family
homes. M&T Bank has agreed to be the lender for the Homestead Program.
The Department of Inspections and Community Revitalization has been
working with several non-profit sponsors which include Ellicott District
Development Corp., 78 Restoration, Inc., Lower West Side Resource and
Development, Corp. and American Shelter, Inc. A number of properties have been
identified for rehabilitation by the sponsors. Three of these properties are
ready for transfer as follows:
Project Address Sponsor Home/Hope
41-45 Edna Street 78 Restoration, Inc. Home
550 East North Street Ellicott District CDC Home
178 Mulberry Street Ellicott District CDC Home
The transfers will be contingent upon the sale of properties to low
income purchasers within 24 months of the transfer of title by the City of
Buffalo to the developers/sponsor.
Therefore, I am recommending that Your Honorable Body approve the
transfer of the above properties under the Urban Homestead Program, to the
sponsor lots for One Dollar ($1.00) each upon the above stated condition. I am
further recommending that the Corporation Counsel prepare the necessary
documents for the transfer and that the Mayor be authorized to execute the
same.
Mr. Pitts moved:
That the communication from the Department of Inspections and Community
Revitalization, dated September 28, 1994, be received and filed; and
That the City-owned property commonly known as 41-45 Edna Street, 550
East North Street and 178 Mulberry Street are hereby designated as Homestead
Property, and that the Mayor be, and he hereby is, authorized to execute a deed
transferring said property, 41-45 Edna Street to 78 Restoration, Inc.; 550 East
North Street and 178 Mulberry Street to Ellicott District CDC, all for the
amount of $1 .00 (One and No More Dollars), and all costs of transfer,
contingent upon the sale of properties to low income purchasers within 24
months of the transfer of title by the City of Buffalo to the
developers/sponsor. That the Corporation Counsel prepare the necessary
documents for the transfer of said properties.
PASSED.
AYES- 13 NOES- 0.
No. 67
RESIDENCY WAIVER-COMM. ICR (CSC)
Item #82 March 8, 1994
Please be advised that I am herewith requesting an extension of
time to move into the City of Buffalo beyond the normal permitted time due to
extenuating circumstances.
These circumstances are primarily due to our adoption of a second child
in the latter part of August 1994. We adopted our daughter through the
Foundation for the Adoption of Abandoned Children, which necessitated several
trips to Bogota, Colombia. In order to adopt our daughter
, it was necessary to submit the
appropriate documentation to the Immigration and Naturalization Service. It is imperative in this type of adoption that the
primary residence be stable and to change the residence during the adoption procedure, might substantially delay the
adoption proceeding.
At this time, we have executed a purchase contract for a new residence
within the City of Buffalo. We anticipate that once all contingencies have
been met, that we shall be able to relocate to our new residence within the
City of Buffalo prior to the New Year.
If you require any further additional information, please do not hesitate
to contact me.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
No. 68
Report of Emergency Bids for Demolition at Various Locations Within the City
Due to the very serious and hazardous condition of the below-listed
properties, inspections were conducted by this department and it was determined
that immediate demolition was necessary due to (1) the structural condition of
the building and/or (2) the resulting dangerous and hazardous condition which
exists at these locations, i.e., in accordance with guidelines outlined in
Chapter 113 of the Ordinances of the City of Buffalo. Please be advised,
therefore, that offers to demolish were solicited on September 13, 1994 and
that the contracts will be awarded to the following responsible bidders:
ADDRESS/OWNER CONTRACTOR/AMOUNT OF BID
711 Best Street Maplewood Construction
City of Buffalo $7,333.00
374 Hickory Street Cedar Wrecking & Salvage
City of Buffalo $9,000.00
125 Ruhland and Garage Integrated Waste Special Services
City of Buffalo $7,000.00
Please be further advised that the sewer and water cutoffs will be
performed by the demolition contractor and this cost is included in the cost of
the project.
We, therefore, respectfully report to your Honorable Body that the cost
of the project is to be charged to the Capital Outlay Account
#100-241-084-00-900.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 69
Report of Emergency Bids for Demolition at Various Locations within the City
Due to the very serious and hazardous condition of the below-listed
properties, inspections were conducted by this department and it was determined
that immediate demolition was necessary due to (l) the structural condition of
the buildings and/or (2) the resulting dangerous and hazardous condition which
exists at these locations, i.e., in accordance with guidelines outlined in
Chapter 113 of the Ordinances of the City of Buffalo. Please be advised,
therefore, that offers to demolish were solicited on September 13, 1994 and
that the contract will be awarded to the following responsible bidders:
ADDRESS/OWNER CONTRACTOR/AMOUNT OF BID
432-38 Connecticut Street Cedar Wrecking & Salvage
City of Buffalo $19,000.00
137 Shumway Maplewood Construction
City of Buffalo $6,222.00
Please be further advised that the sewer and water cutoffs will be
performed by the demolition contractor and this cost is included in the cost of
the project.
We, therefore, respectfully report to your Honorable Body that the cost
of the project is to be charged to the Capital Projects Fund
#200-241-002-00000.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 70
Report of Emergency Demolition Bid for 114 Woltz Avenue
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 22,
1994 and that the contract will be awarded to the lowest responsible bidder:
ADDRESS/OWNER CONTRACTOR/AMOUNT OF BID
114 Woltz Avenue Maplewood Construction
Michael R. Anthon $13,333.00
141 Lochland Drive
Cheektowaga, NY
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. 71
Report of Pre-Demolition Asbestos
Removal for Various Locations Within the City
Please be advised that Pre-Demolition Asbestos Removal bid offers
were solicited by our department on September 20, 1994 and that the contracts
will be awarded to the following responsible bidders:
ADDRESS/OWNER CONTRACTOR/AMOUNT OF BID
744 Glenwood Avenue Zeon Corporation
City of Buffalo $4,300.00
422 High Street Higgins Group
City of Buffalo $4,896.00
134 Moselle Street Zeon Corporation
City of Buffalo $4,100.00
Please be further advised that our department will solicit bids for the
demolition of these buildings upon completion and acceptance of the removal of
asbestos.
We, therefore, respectfully request that upon approval by your Honorable
Body and inspections made by this department, that the cost of the project be
charged to the Capital Outlay Fund #100-241-085-00-900.
Mr. Pitts moved:
That the communication from the Department of Inspections and Community
Revitalization, dated September 22, 1994 be, received and filed; and
That the award by the Commissioner of Inspections and Community
Revitalization of a Pre-demolition Asbestos Removal to Zeon Corporation at a
cost of $4,300.00, relating to 744 Glenwood Avenue; to Higgins Group at a cost
of $4,896.00, relating to 422 High Street; to Zeon Corporation at a cost of $4,
100.00, relating to 134 Moselle Street, are hereby confirmed, ratified and
approved, with said cost to be charged to the Capital Outlay Fund
#100-241-085-00-900.
PASSED.
AYES- 13 NOES- 0.
No. 72
Secure and Repair Central Terminal and
Charge Current Owners
Item No 160 September 6, 1994
With regard to the Central Terminal, I would like to supply your
Honorable body with the following information. Please be advised that this
Department has been monitoring the decline of this structure. We have
continually cited owner after owner of this parcel and have little success in
preserving this landmark. Currently we are seeking a cost estimate to seal the
entire structure to prevent further deterioration and vandalism. Please be
advised that after researching the Charter and Code of the City of Buffalo, we
wish to report the applicability of the following code sections. Section 103-18
empowers the Department of Fire to clear any area or premises of any dangerous
accumulation of rubbish etc. Section 103-22 empowers the Department of Fire to
collect costs incurred in the cleanup of debris etc.. This action authorizes
the Corporation Counsel's office to institute civil action against all culpable
persons. Section 113-3a. empowers the Department of Inspections and Community
Revitalization to make buildings safe and secure. Section 113-14 states that
the owner at the time of the structure becoming dilapidated or abandoned shall
be personally liable for the cost of Demolition. Section 341-3 empowers the
Department of Street Sanitation to clean , cut down and remove weeds, on
private property. Section 341-4 empowers the common council to assess the costs
expended by the Department of Streets Sanitation against the owner of the
subject property.
REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT.
No. 73
Liquor License Requests
2192 Niagara Street, Gulley's Dance'n Eat'n Inc.
26 Virginia Place, Gargoyle Inc.
Item No. 122, C.C.P. 7/26/94
With regard to the above subject requests please be advised of
the following as reported by Inspector Arthur Kostrzewa:
2192 Niagara Street, Gulley's Dance'n Eat'n Inc.
Approved use as a bar/restaurant as built. Renovation/addition well
underway under building permit #B-23773 and soon to be completed and a
certificate of occupancy issued. There are no outstanding or current court
action pending. Property is in substantial compliance as of this time.
26 Virginia Place, Gargoyle Inc.
Approved use as a bar/restaurant/banquet room per permit file
#B-0103/#B-0657/#B-0905. All recent building permits are completed and closed.
No outstanding or current court action pending. Property is in substantial
compliance; no outstanding violations or letters of violation.
We trust this will satisfy your inquiry. Should you have any additional
questions please feel free to contact this office.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 74
Report of Loan Review Committee:
425 Porter 7 Zittel
72 Lombard 23 Richlawn
1049 Elmwood 603 Grant
Item #166, C.C.P. July 12, 1994
I am respectfully submitting a status report from the Community
Revitalization Senior Loan Review Committee.
As a body, the Committee has withdrawn the request for Home Rental Rehab.
Funds for the following properties:
1. 425 Porter-Lacking proof of paid taxes on various properties,
After-Rehab. Appraisal, and notification that the Notice of Violations (N.O.V.)
have been satisfied.
2. 72 Lombard - No response to 45 day letter requesting response to tax
arrearages on various properties as well as Notice of Violations.
Furthermore, the Common Council Members have approved the following
properties:
1. 1049 Elmwood Avenue Home Rental Rehab Loan has closed and construction is
on-going.
2. 7 Zittel- Anticipating an After-Rehab Appraisal. Must comply within a
two-week time schedule to submit for loan closing.
3. 38 Richlawn- Anticipating After-Rehab Appraisal and proof of paid tax
documentation. Must comply within a two-week time schedule to submit for loan
closing.
Furthermore 603 Grant was not originally approved on July 12, 1994,
however the owner has provided an "action-plan" regarding satisfying Notice of
Violations, tax arrearages and remaining documentation. He must comply within
a two-week time schedule to submit for loan closings
REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT.
FROM THE COMMISSIONER OF ADMINISTRATION AND FINANCE
No. 75
Overtime Usage Report
No. 17 C.C.P. September 6, 1994
Please be advised that the Department of Administration and Finance,
Division of the Budget, monitors overtime spending every pay period and
prepares periodic reports projecting overtime spending through the end of the
fiscal for all city departments and divisions. Upon completion of these
reports, the Budget office sends interdepartmental correspondence to any
division projecting a deficit in its overtime account. This communication
informs the commissioner and division director that a serious problem is
developing which demands his/her immediate attention given the City's fiscal
condition and gap projections and directs the division head to conduct an
analysis of overtime spending in order to: (l) determine reasons for increased
spending; (2) initiate methods to bring costs into line with appropriations;
and (3) develop a system for monitoring and controlling future costs so that
appropriations are not exceeded. The latest report was completed at the close
of pay period 3, ended 7/31/94, and correspondence was sent to the following
departments/divisions:
AMOUNT
PROJECTED AMOUNT PROJECTED TO
DEPT/DIV EXPEND BUDGETED EXCEED BUDGET
011-001 City Clerk
$17,203 $10,000 $ 7,203
040-002 Data Processing
$66,254 $48,300 $17,954
064-031 Towing/Storage
$53,492 $31,000 $22,492
065-001 Treasury
$14,633 $12,500 $ 2,133
104-001 Inv. & Stores
$134,289 $89,880 $44,409
POLICE DEPT.
201-021 Ad. & Comm.
$617,365 $550,000 $67,365
202-003 Detective Bureau
$806,619 $700,000 $106,619
203-013 Traffic Services
$384,409 $300,000 $84,409
204-031 Bldg. Main.
$16,392 $15,000 $1,392
204-032 Fleet Main.
$46,735 $40,000 $6,735
210-011 Fire Fighting
$1,161,597 $300,000 $861,597
401-013 Bridge Op.
$24,173 $15,500 $8,673
601-011 Golf & Gardens
$211,527 $180,000 $31,527
601-012 Trees
$24,061 $20,000 $4,061
601-032 Automotive
$51,764 $36,750 $15,014
602-011 Recreational Fac.
$48,108 $33,600 $14,508
612-031 Mem. Aud. O&M
$84,940 $63,566 $21,374
700-011 Streets-Refuse
$1,173,938 $440,000 $733,938
700-032 Bldg. & Fleet
$172,249 $93,065 $79,184
980-015 Water Dist. Sys.
$512,061 $400,000 $112,061
The foregoing list indicates that a number of divisions are currently
projecting deficit spending in their overtime accounts. The most severe
overages are in Fire Fighting Services and. Streets, while Police is showing
cause for concern. As of pay period 5, the 011 function in Streets is
projecting an overage of $844,956 and the 032 function is projecting an overage
of $99,761. These overages appear to be the result of delays in implementing
Commissioner LoVallo's reorganization plan. The Commissioner assures the
Budget office that costs will be reduced upon delivery of the 60/40 packers and
implementation of the route plan. Streets has already eliminated the third
shift on trash collections where possible.
The 011 function in Fire, as of pay period 5, is projecting an overage of
$1,015,311 and actual spending had already exceeded budget by $160,770. The
Budget office, in conjunction with Fire Commissioner Keane and Deputy
Commissioner Cala, has undertaken an analysis of Fire's overtime spending in an
effort to get a handle on just what is occurring. The administration is quite
concerned over the numbers in Fire, particularly in light of Fire
reorganization. At this point, there is no satisfactory explanation for the
current spending pattern given current staffing levels and deployment schemes.
Our preliminary review indicates that Fire should be able to run at least 40
firefighters per shift short without incurring overtime. Consequently, it seems
that the only possible explanation for this level of overtime spending is that
we are running more than 40 firefighters per shift short due to vacations,
light duty and sick and injured. Once a final analysis is complete, it will be
forwarded to your honorable body.
Total overtime in the Police department, as of pay period 5 is projecting
an overage of $320,214. Police Commissioner Kerlikowske has recently completed
a detailed analysis of overtime spending in his department and can provide the
Council with a thorough explanation of the sources of this spending; the area
of greatest concern appears to be supervisory personnel. Accordingly, the
Commissioner has forwarded a request to the Budget office to convert three
police officer positions to Captains in an effort to reduce supervisory
overtime. This request will be forwarded to your honorable body shortly as an
amendment to the Salary Ordinances.
In closing, permit me to say that the administration shares your concerns
regarding overtime spending and is taking whatever steps it can to curtail
spending. My department will continue to monitor overtime spending closely and
will assist departments in formulating solutions to their overtime problems.
If I, or my staff, can be of further assistance to the Council in your
investigation of this matter please feel free to call on me. I will be happy
to assist you in addressing this area of mutual concern.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 76
Consultant for City's Reengineering Study
I am writing to update your Honorable Body on the status of hiring
a consultant for the City's re-engineering study. As you know, $250,000 has
been appropriated in the 1994-95 budget for this work.
As discussed in meetings of the Common Council-Administration Budget Task
Force, a committee consisting of myself- Comptroller Joel Giambra and Council
Majority Leader James Pitts was formed to review and recommend a consultant for
the reengineering. The Committee's work was assisted by input from Data
Processing Director John Zebracki, Budget Director James Milroy, Common Council
Chief of Staff Peter Savage and staff member Tom Terapacki.
As its first step, the committee developed Requests for Qualifications
("RFQ's") which outlined the scope of the study and asked potential consultants
for relevant experience and a general plan for study work, including a process
for identifying "quick hits" that could be implemented in the 1995-96 budget.
The committee felt that, since time was short, RFQ's would be able to be
developed and responded to more quickly than RFP's. The RFQ's were mailed to 8
firms (names identified by committee members) during the first week of July,
and carried a response deadline of July 18. The RFQ was also mailed to
Governing magazine for distribution.
Responses to the RFQ were received from all but one firm, Ernst & Young,
by the deadline. The committee reviewed the responses and agreed on a "short
list" of four firms, who would be invited to Buffalo for personal interviews.
The four firms were: Price Waterhouse, KPMG Peat Marwick, Reinventing
Government Network and Public Financial Management. The primary criteria for
selection were experience in public sector re-engineering and quality of the
plan outlined by each firm for Buffalo's project.
The personal interviews were conducted on August 23. Based on those
sessions and on responses to follow-up questions, the committee has selected
KPMG Peat Marwick as its choice for the re-engineering study.
While all of the firms that responded have strengths, the committee feels
that KPMG Peat Marwick is best prepared to conduct the Buffalo re-engineering;
this feeling is based primarily on the quality of the firm's general experience
with public sector reengineering and the specific experience of the individuals
assigned to the City's project. Bringing individuals with this level of
experience will help to identify areas for change-and get to that change--more
quickly.
I have attached materials distributed by KPMG Peat Marwick at the
personal interview that detail some of that experience. Beginning on page 10 of
the materials, you will note KPMG's involvement with several public sector
re-engineering projects of a similar nature; you will also note that, in many
cases, savings well in excess of the study cost have actually been realized.
The committee felt that KPMG's past experience in the District of Columbia, as
well as its ongoing experience in Albany County (NY) and Summit County (OH),
were of particular relevance to the Buffalo project. In addition, David Schoen,
one of the individuals assigned to the Buffalo project, has spent considerable
time working on various re-engineerings in New York City and New York State
government.
A critical part of the study design is the involvement of City employees
at all levels; the committee worked in detail with KPMG to understand its work
with employees in the past, and to ensure that will occur in Buffalo. The
Council-Administration Budget Task Force will be involved in the study process;
a technical advisory group will also be formed and will include representation
from the employee unions. The first task of the technical advisory group will
be to identify those areas that can benefit from immediate attention and to
focus consultant attention on them.
KPMG Peat Marwick is committed to a successful study and is ready to
begin. I believe that the selection committee is pleased with its choice of
consultants and is also ready to begin to organize the work. If we are to
finish work in time to affect the 1995-96 budget deliberations, we need to get
the study process underway immediately. Therefore, on behalf of the selection
committee, I respectfully request that your honorable body approve the
selection of KPMG Peat Marwick as consultant during the Council meeting of
October 4.
I, or any member of the selection committee, would be pleased to answer
any specific questions on our choice at your convenience.
Mr. Pitts moved:
That the communication from the Department of Administration and Finance,
dated September 28, 1994, be received and filed; and
That KPMG Peat Marwick be, and is hereby approved as the consultant
selected to perform the City of Buffalo's Re-Engineering Study.
ADOPTED.
FROM THE COMMISSIONER OF HUMAN RESOURCES
No. 77
Permission To Accept Donated Vehicle
The Department of Human Resources has been offered a gift of one
1987 Subaru vehicle ID #JF3AU53BOHE500349. This vehicle is free and clear of
all liens and is in sound mechanical condition.
Please request from the Common Council permission for this Department to
accept this generous donation. If you have further questions, please call me
at 851-4370. Thank you for your cooperation in this matter.
Mr. Pitts moved:
That the communication from the Department of Human Resources, dated
September 23, 1994, be received and filed; and
That the Commissioner of Human Resources be, and he hereby is, authorized
to accept a 1987 Subaru vehicle ID #JF3AU53BOHE500349.
PASSED.
AYES- 13 NOES- 0.
FROM THE COMMISSIONER OF GENERAL SERVICES
No. 78
Certificate of Appointment
Appointment effective September 28, 1994 in the Department of
General Services, Division of Purchase to the position of Senior Clerk, Gail A.
Lis, 325 Southside Pkwy. Apt. #3 Buffalo 14220, Provisional, at the Maximum
starting salary of $23,919.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
FROM THE CIVIL SERVICE COMMISSION
No. 79
Appt. Training Officer
Com. #81 C.C.P. Sept. 6, 1994
You have requested that the Civil Service Commission provide you
with a list of the minimum qualifications required for the position of Training
Officer in the Department of Street Sanitation and an explanation of whether
the position was downgraded in the previous administration, and if so, what the
previous qualifications were.
Attached herewith is a copy of the job specifications for the position of
Training Officer. The original specifications for the position of Training
Officer were adopted June 1, 1969. Said specifications were subsequently
revised March 10, 1982, September 14, 1982, and September 4, 1991.
You will note that on September 4, 1991, the minimum qualifications were
revised eliminating the title Equipment Operator from the promotional
qualifications. The Commission eliminated the title Equipment Operator from
the promotional qualifications because many incumbents in the Equipment
Operator title did not meet the minimum qualifications of Heavy Equipment
Operator or Tractor Training Officer and therefore, were not qualified to train
employees on equipment operated by incumbents in those titles.
I trust this satisfies your request.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
FROM THE CITY CLERK
No. 80
Auto Allowance
The following departments have filed the required certificate
relative to the granting of automobile transportation allowances for employees
in their respective departments:
Public Works - Joseph Poltorak
RECEIVED AND FILED.
No. 81
Liquor License Applications
Attached hereto are communications from persons applying for liquor
licenses from the Erie County Alcohol Beverage Control Board.
Address Business Name Owner's Name
45 Chippewa Entertainment Systems
Holding 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. 82
Leaves of Absence without pay
I transmit herewith notifications received by me, reporting the
granting of the leaves of absence without pay, in the various departments as
listed:
Police- Cedric Holloway
RECEIVED AND FILED.
No. 83
Reports of Attendance
I transmit herewith communications received by me, from the various
boards, commissions, agencies and authorities reporting the membership
attendance at their respective meetings:
Board of Stadium and Auditorium
City Planning Board
Youth Board
RECEIVED AND FILED.
No. 84
Notices of Appointments - Council Interns
I transmit herewith appointments to the position of Council Intern.
Mr. Fahey moved the approval of the appointments to the position of
Council Intern.
ADOPTED.
Appointment effective September 16, 1994, in the Department of Common
Council, to the position of Intern III, Michael J. DiVito, 436 Porter Ave.,
Buffalo, 14201, Seasonal Non-Competitive, at the Flat starting salary of
$5.00/hr.
No. 85
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 Tuesday, September 27, 1994 in the Department of
Mayor's Office, Division of Youth Opportunity and Employment Programs, to the
position of Intern II, Seasonal Non-Competitive, at the Flat starting salary of
$4.25/hr.
Daniel J. Gerena, 32 Merrimac Ave, (Lower), Buffalo, NY 14214
Jody P. Starr, 1081 West Avenue, Buffalo, New York 14213
Melinda C. Jacobsak, 15 Linwood Ave., Apt. 2-E, Bflo, 14209
Appointment effective September 29, 1994, in the Department of Mayor's
Office, Division of Youth Opportunity and Employment Programs, Jeffrey B. Levy,
218 Deumant, Buffalo, New York 14223, to the position of Intern II, Seasonal,
Non-Competitive, at the Flat starting salary of $ 4.25.
Appointment effective October 3, 1994, in the Department of Mayor's
Office, Division of Youth Opportunity and Employment Programs, to the position
of Intern II, James W. Lorimer Jr., 629 Starin Avenue, Buffalo, New York 14216,
Seasonal Non-Competitive, at the Flat starting salary of $4.25/hr.
No. 86
Notices of Appointments - Seasonal/Flat
I transmit herewith certificates received by me, reporting seasonal
and flat salary appointments made in various departments.
RECEIVED AND FILED.
DEPARTMENT OF STADIUM AND AUDITORIUM
Appointment effective October 3, 1994, in the Department of Stadium
& Auditorium, Division of Memorial Auditorium, Vincent McDuffie, 372 Seventh
St., Buffalo, 14201, seasonal non-competitive, to the position of Laborer I, at
the flat starting salary of $ 6.22/hr.
Appointment effective September 23, 1994 in the Department of Stadium &
Auditorium, Division of Memorial Auditorium, John Palamara 31 Commonwealth,
Buffalo, 14216, to the position of Laborer II, Seasonal Non-Competitive, at the
flat starting salary of $ 6.92/hr.
Appointment effective September 23, 1994, in the Department of Stadium &
Auditorium, Division of Memorial Auditorium, Jeffrey Moffett, 60 Tuscarora Rd.,
Buffalo, 14220 to the position of Sr. First Class Stat. Eng., Temporary at the
flat starting salary of $ 7.33/hr.
Appointment effective September 28, 1994 in the Department of Stadium &
Auditorium, Division of Memorial Auditorium Peter Tabone, 32 Tacoma St.,
Buffalo, 14216, to the position of Sr. 1st Class Stat. Eng. Temp.
Non-Competitive, at the flat starting salary of $ 7.33/hr.
DEPARTMENT OF PARKS
Appointment effective September 19, 1994, in the Department of
Parks, Division of Recreation, Eric Dickman, 48 Alsace Avenue, Buffalo 14220,
to the position of Fee Collector, Seasonal Non-Competitive, at the Flat
starting salary of $4.94/hr.
Appointment effective September 28, 1994, in the Department of Parks,
Division of Recreation, Karen Chwalinski, 285 Abby Street, Buffalo 14220, to
the position of Fee Collector, Seasonal Non-Competitive, at the Flat starting
salary of $4.94/hr.
CORPORATION COUNSEL
Appointment effective September 16, 1994 in the Department of
Law, Nicholas W. Hicks, 344 Walden Avenue, Buffalo, NY 14211, to the position
of Law Clerk, Seasonal Non-Competitive, at the Flat starting salary of $
5.85/hr.
DEPARTMENT OF GENERAL SERVICES
Appointment effective September 26, 1994 in the Department of
General Services, Division of Inventory & Stores Patricia Pinelli, 118 Kenefick
St., Buffalo, 14220, to the position of Laborer II, Seasonal Non-Competitive,
at the Flat starting salary of $ 6.92/Hr.
DEPARTMENT OF HUMAN RESOURCES
Appointment Effective September 26, 1994, in the Department of
Human Resources Division of Youth, Daniel Farry, 142 Ridgewood Road, Buffalo,
NY 14220, to the position of Community Aide, Temporary, at the Flat starting
salary of $5.46 Hr
No. 87
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 POLICE
Appointment effective September 19, 1994 in the Department of
Police, to the position of Report Technician, Permanent, Appointment, at the
Minimum starting salary of $21,126
Charles P Carier, 350 Downing Street, Buffalo, 14220
Cynthia D Guido, 221 Villa Avenue, Buffalo 14216
Pamela A Cosimano, 1188 Kenmore Avenue, Buffalo 14216
Kathleen M Paul, 44 Pavonia Street, Buffalo 14207
Theresa L O'Keefe, 196 Tacoma Avenue, Buffalo 14216
Audrey M Laudico, 353 North Park Avenue, Buffalo 14216
Colleen McGrath, 453 Abbott Road, Buffalo 14220
Appointment effective September 19, 1994 in the Department of Police,
Linda M McDonald, 22 Payson Street, Buffalo 14220, to the position of Report
Technician, Contingent Permanent, at the Minimum starting salary of $ 21,126.
Appointment effective September 19, 1994 in the Department of Police,
Sandra Ann Soldi, 336 Commonwealth Ave. #2, Buffalo 14216 to the position of
Report Technician, Permanent, at the Minimum starting salary of $21,126.
Appointment effective September 19, 1994 in the Department of Police, to
the position of Report Technician, Permanent, at the Minimum starting salary of
$ 21,126
Janet V Sikorski, 43 Lester Street, Buffalo 14210
Nancy A Kistka, 399 Benzinger Street, Buffalo 14206
Appointment effective September 19, 1994 in the Department of Police, to
the position of Report Technician, Permanent, at the Minimum starting salary of
$21,126
Sherry Salas, 99 Hirschbeck Street, Buffalo 14212
Laura Schneider, 100 Tamarack Street, Buffalo 14220
Appointment effective September 26, 1994 in the Department of Police,
Thomas R Mayes, 165 Bissell Avenue, Buffalo 14211 to the position of Cellblock
Attendant, Contingent Permanent, at the Minimum starting salary of $22,266.
NON-OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES
NON-OFFICIAL COMMUNICATIONS
No. 88
BAILEY/AMHERST DIST. MGMT. ASSN., INC.
Appointment To Board
The Bailey Amherst District Management Association, Inc. has received
the resignations of two members of its Board: Ted
Lewis and Eric Lubstorf.
At the August Meeting of this Board, appointments were made to replace
them. The new members are:
Owner Representative
Deborah Niejadlik
Manager
Key Bank
3134 Bailey Avenue
Buffalo, New York 14215
Tenant Representative
Rick Runfola
Bailey Slipper Shop
3084 Bailey Avenue
Buffalo, New York 14215
Please file this in your file of this Board.
RECEIVED AND FILED
No. 89
LINDA A. BENNS
Disclosure-Waiver-Purchase 83 O'Connor
I am writing to you as City Clerk so that you can file the communication
with the Common Council Proceedings for the meeting on October 4, 1994.
I am an employee of Buffalo Neighborhood Revitalization Corporation
("BNRC"). As such I am bound by the Housing Urban Development ("HUD") Conflict
of interest rules and I am required to provide public disclosure by said HUD
rules. I plan to seek a waiver of the aforementioned conflict of interest from
HUD based on the attached letter of opinion from Edward D. Peace in deciding
that my purchase of 83 O'Connor Street does not violate state or local law.
I have a Contract of Sale to purchase 83 O'Connor Street. I negotiated
said contract with Ms. Christine W. Shaffer-Goldberg. In essence, Ms.
Shaffer-Goldberg selected me as the purchaser of her home. She could have
chosen to sell the home to a relative or friend or anyone else. I have been
advised that my income is within the limits set for this project by Affordable
Housing Corporation ("AHC") and HUD.
It is my belief that my purchase of this home will further the interest
of the new housing program and will not deny an opportunity for anyone that
desires a subsidized new home to obtain a new home. I have been advised that
new home subsidies are available to anyone who can meet income the income
qualifications.
If you or the Common Council should desire additional information please
contact me.
REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT.
No. 90
BRISTOL HOME
Object To Fees
I write with concern upon receiving Notice of Payment Due. This
bill was received yesterday and indicates a base fee of $75.00. My concern does
not focus on the base fee levied on the first three units, but the additional
fees for each unit. Does this mean that our facility, with 53 rooms, may pay
$1,325?!. Further, what are the reasons for this "new" fee since we were last
issued a certificate in 1972. If inspection and verification is the issue, we
are annually inspected by the New York State Department of Social Services for
compliance with regulations and building/safety codes. A copy of the inspection
is posted in the facility and readily available for review. We are also
inspected by the City of Buffalo's Fire Department and Public Works for Boilers
and Elevators with documentation available.
However, if the fee assessment is to generate additional income for the
City, the structure is unreasonable with a potential of $1,325 plus. The
Bristol Home is a not-for-profit adult care facility serving a frail, elderly
population. Our census includes over fifty percent of our residents receiving
Supplemental Security Income (551). This rate is currently $24.00 per day for
all support services and shelter. This includes personal care with nurses on
staff, all meals, housekeeping, laundry, recreational activities, case
management and more. Our cost is over $43.00 per day. We cannot afford fees
such as this potential levy.
We look forward to your response to this letter.
REFERRED TO THE COMMITTEE ON FINANCE, THE COMMISSIONER OF INSPECTIONS AND
COMMUNITY RENEWAL AND THE CORPORATION COUNSEL.
No. 91
CROSSROADS ARENA
Draft Loan Commitment
Attached please find the Draft Commitment letter from Marine Midland
and Key Banks for the Arena project for your review.
REFERRED TO THE STADIUM AND AUDITORIUM TASK FORCE.
No. 92
HAMLIN PARK ASSN.
Favor Landmark Designation - 15 Eastwood
In reference to Item # 71, C.C.P. filed September 20, 1994 my
response is negative.
Changing the land designation of 15 Eastwood Place will remove the
lasting lines of this Byzantine church-style.
Several lines cause me concern: 1) "the architectural style of the
rectory seems to be open to interpretation and, although seldom used in the
modern era, is prevalent throughout Buffalo". 2) "our architectural consultant
have suggested that it can be argued that Max G. Beierl's career demonstrates
considerable competence but was not particularly distinguished". 3) "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 its
Main Street. And lastly 4) "the rectory was built specifically to be a
rectory".
The drawn out conclusion whether this can be a continual viable asset or
must it all be placed into the clutches of the raging battering ball. We must
stop the wheel of baseless destruction and repleat our salvaging land to new
hope and vision.
We wish to file a complaint against this mover, with recommendation to
the Common Council to hold our community together.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 93
CHARLES G. JONES, JR.
Illegal Parking 172 Broadway
It has come to my attention that the City of Buffalo has, for
some time, been parking cars on a private lot.
The location of this lot is known as 172 Broadway, very close to the
corner of Michigan in the City of Buffalo.
As the owner of this lot, I am concerned that the City has erected a sign
saying "No Parking except for City of Buffalo Employees." They are doing so
without permission!
While I am not opposed to city employees parking on this site, some
compensation must be exchanged for this accommodation.
There is also a liability concern.
Please contact me at your earliest convenience so we may discuss this
subject.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE COMPTROLLER, THE COMMISSIONER OF
STREET SANITATION, THE COMMISSIONER OF ADMINISTRATION AND FINANCE AND THE
CORPORATION COUNSEL.
No. 94
CHARLES J. JONES
Protest Demo. Cost 574 Goodyear
I'm protesting paying the amount of $16,000 dollars to the City
of Buffalo for Demolition of 574 Goodyear Ave. The property is owned by Mr.&
Mrs. Charles Jones.
The building was burned June 3, 1994 and torned down (sec) June 4,1994 by
Mainline Demolition Company.
We had already made arrangements with DeCarlo Enclosure Co. to board up
the Property to secure the structure of which they did. The morning of June 3,
1994 and gave myself (Charles Jones) and the Tenants a key to enter the
Property. Before we could enter the Property again it was torn down.
The Fire started at 572 Goodyear. Then spread to my Property at 574
Goodyear which burned and destroyed the roof of the building.
We were not notified of the demolition or given an opportunity to chose
to have the building repaired or get our own demolition Company at a cheaper
rate. We can't afford to pay this amount. We're Senior Tax Paying Citizens.
REFERRED TO THE COMMITTEE ON FINANCE, THE COMMISSIONER OF INSPECTIONS AND
COMMUNITY REVITALIZATION AND THE CORPORATION COUNSEL.
No. 95
NYSDEC
Lead Agency Designation Gelinmac
This is to advise you that Gelinmac Storage Corporation has made
application to this Department for a Permit to Construct a Source of Air
Contamination. The application is made in conjunction with a facility which
would process (sizes and dries) waste bakery goods into a bulk product which is
sold as additive for animal feed. The facility is located at 60 Childs Street
in the former Cargill Grain Elevator. In accordance with the State
Environmental Quality Review Act (SEQR), Article 8 of the New York State
Environmental Conservation Law, I am initiating this coordination for the
purpose of reaching agreement on the selection of a lead agency. The lead
agency would determine whether the proposal may have a significant effect on
the environment and therefore requires an environmental impact statement.
Although the facility is an "unlisted action" under the regulations
(6NYCRR617) and coordination for lead agency selection is optional, I am
contacting you to assure that all possible issues are resolved before this
Department acts on the pending application. As we are both aware from
experiences with the somewhat similar Bakery Salvage Facility, local nuisance
odors may occur even though such facilities may not exceed State emission
thresholds for a major source or otherwise be in violation of state regulatory
requirements. In view of that possibility, your evaluation of the compatibility
of the proposal with existing/planned land uses for the vicinity of the
facility site is pivotal to whether the action may or would not have a
significant impact on the environment.
Also, this Department has asked the New York State Office of Parks,
Recreation, and Historic Preservation to determine whether the Cargill
Elevators is eligible for listing on the State Register of Historic Places. If
it is eligible, I believe the City through it's Preservation Board would have
an important role in determining the Gelinmac Storage Corporation proposal's
impact on that structure.
This Department has undertaken a preliminary review of air emissions from
the facility and believes that with restrictions on the hours of
operation/rates of production and with the implementation of an Operations and
Maintenance Manual the facility will meet State regulatory requirements.
Consequently, project impacts not only appear to be primarily local, they also
appear to better assessed through an evaluation of land use rather than through
a technical evaluation of the air emission equipment/control. Therefore this
Department recommends that the City of Buffalo Common Council become the SEQR
lead agency and retain within its authority the ability to make the SEQR
determination.
I understand that Mr. Richard James of Gelinmac Storage Corporation has
already provided to The Common Council a copy of its August 26th application
package including a Short Environmental Assessment Form. If this is not the
case, please contact Mr. Paul Eismann of my office and a copy will be
immediately provided. He is also available for the purposes of scheduling a
meeting to discuss the application of the SEQR process to this project. SEQR
regulations require that SEQR lead agency be selected within thirty days. Your
response by October 21st is therefore requested.
Thank you for your attention to this matter.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 96
NYSDEC
Lead Agency Designation C&D Recycling
This is to advise you that Natural Environmental, Inc. has applied
to this Department for a Permit to Construct and Operate a solid waste
management facility located at 718 Elk Street, situated at the northwest corner
of the intersection of Keating and Elk Streets. Specifically, the application
is for a construction and demolition (C&D) debris processing facility with a
capacity of 200 tons per day, and proposed operations of 16 hours per day
Monday through Friday and 8 hours per day on Saturday.
Based upon the information supplied with the application, this Department
was unaware of the City's jurisdiction in this matter. However, we were
recently advised through a telephone conversation with Ms. Kate Armitage of the
City's Department of Law that Common Council Approval of a Junk Yard Permit was
necessary for this facility. I am, therefore, initiating this coordination in
accordance with the State Environmental Quality Review (SEQR) Act for the
purpose of selecting a lead agency. The lead agency would determine if the
subject proposal may have a significant effect on the environment and therefore
requires an environmental impact statement or if a conditioned negative
declaration or negative declaration is appropriate.
Although, the facility is an "unlisted action" under the statewide
regulations (6NYCRR Part 617) and coordination for lead agency is optional, I
am contacting you to assure that all possible issues are resolved before this
Department acts on the pending application. Local nuisance odors, dust, and
noise from truck traffic or the processing of "C&D" material may occur even
though such conditions may not exceed State regulatory thresholds or emission
standards. In view of that possibility, your evaluation of the compatibility of
the proposal with existing/planned land uses and environmental conditions for
the vicinity of the facility is pivotal to whether the action may or would not
have a significant impact on the environment.
Not knowing that there were any other "involved" SEQR agencies (with
discretionary approval over the action), this Department performed an initial
review of the proposed operations, relying on the applicant's characterization
of vicinity land uses as non-residential. That review concluded that 1) based
on our jurisdictional authority, there would not be a significant environmental
effect and 2) that the proposed Solid Waste Management facility does meet
regulatory requirements for permitting. However, no decision has been made and
we must now re-evaluate the environmental impact on nearby residences that have
been identified. Since adverse project impacts appear to be primarily local and
better assessed through an evaluation of land use and traffic conditions, this
office recommends that the City of Buffalo Common Council become the SEQR lead
agency and exercise its authority to make the SEQR determination.
A copy of the NYSDEC application form, short EAF, and prior notice of
complete application have previously been sent to Mr. James Smith, Buffalo
Planning Department, and should be available for your inspection. If you wish
to discuss this application or schedule a meeting, please contact me or Mr.
Richard Sweeney of my staff.
If more complete application information material is necessary for your
review of the proposed facility, please contact the applicant, Mr. Gordon
Reger, President of Natural Environmental, Inc., directly at telephone No.
824-3766. By copy of this letter and by telephone conversation, we have advised
Mr. Gordon Reger of this SEQR coordination.
Your decision by October 28, 1994 is requested, however, if the Common
Council is able to respond sooner, it will be appreciated.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 97
SENECA/BABCOCK ENVIRONMENTAL COMMITTEE
Concerns on NYSDEC Permit-718 Elk St.
We are writing to apprise DEC of the comments and concerns we
have in connection with the above-referenced application. We are particularly
concerned with the increased dust, noise and traffic this project will
inevitably bring to our neighborhood, as well as its negative impact on
neighborhood aesthetics.
With regard to the Short Environmental Assessment Form ("EAF) submitted
by the applicant and completed by DEC, please note the following:
Item 9: The applicant has described the present land use in the vicinity
of the project as "industrial". We believe this is misleading, if not
completely incorrect. An area zoned residential lies in close proximity to the
site in at least one direction. We are also concerned that increased heavy
traffic will affect residential areas farther removed from the site as well.
Item 6: The applicant has stated that the facility will accept clean C&D
material only. We are aware that the applicant plans to ensure that this is the
case by requiring visual inspection of the loads as they brought into the
facility. However, we are concerned with the reliability of this system. Wastes
will be brought in from a relatively large geographic area from numerous sites
and we are concerned that hazardous materials such as wood painted with
lead-based paint, asbestos, etc., will slip by the spotters to be processed
producing toxic dust.
Item C- 1: It is stated that noise and dust from processing will be
mitigated by conducting processing with doors closed. We are concerned that it
is simply not practical to keep the facility closed, especially during the
summer months. Furthermore, the trucks will have to enter and exit requiring
the doors to remain open throughout the day. Even if the facility is closed, we
are concerned that the ventilation system will spew dust into the neighborhood.
Item C-2: Your statement that there will be no physical disturbance to
the site or changes to the building exterior does not address the issue of
impact on the categories listed in this item. We are concerned with the impact
on certain community resources, such as the Seneca Gospel Mission on Elk
Street, of the increased dust, noise and traffic.
Increased heavy traffic is one of our gravest concerns. The application
does not address this issue. It was stated in the newspaper announcement of the
negative declaration that the facility would process approximately 30 truck
loads of waste per day. This means that, at the very least, 30 trucks will roll
through the neighborhood on the way to the facility per-day. Over an eight-hour
day, this means approximately 4 trucks per hour on the way in. Because the
trucks will have to leave as well, this means approximately 8 trucks per hour
(one truck per 8-9 minutes). If the trucks are not filled to capacity on the
way in, this number will be increased. It will be further increased if
different trucks are used to transport the end products away from the facility.
The increase in noise, dust, congestion and hazards to residents caused by an
additional heavy truck on the neighborhood roads every five minutes has not
even been addressed by the applicant or the DEC.
Item D: We are vigorously opposed to the approval of this project. Our
neighborhood is already choked with the noise, dust and traffic of heavy
industry. We think that approval of the project will increase he already high
health and safety risks to which we are now exposed from existing industries.
To allow approval would be to add insult to injury.
Thank you for your kind attention.
REFERRED TO THE COMMITTEE ON LEGISLATION AND THE ENVIRONMENTAL MANAGEMENT
COMMISSION.
PETITIONS
No. 98
Tried Stone Baptist, owner, petition to use 767-769 Humboldt for a parking lot.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD,
AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT.
No. 99
Mark S. Amo, Complaints about Bus and Truck Parking behind Shea's.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE COMMISSIONER OF
POLICE, THE COMMISSIONER OF ADMINISTRATION AND FINANCE AND THE SHEA'S THEATER.
REGULAR COMMITTEES
CLAIMS
HON. DAVID A. FRANCZYK
CHAIRMAN
No. 100
Compromise And Settlement Of
Actions For Personal Injury
That, upon the recommendation of the Corporation Counsel, the
following actions for personal injury arising out of alleged negligence on the
part of the City, be compromised and settled:
A1. Matthew O. Burke and Siegel, Kelleher & Kahn, As Attorneys
$ 3,500.00
A2. John Gouge and Robert MacLean $12,000.00
A3. Rosetta Henderson and Joseph W. Anderson, Jr., as Co-Administrators of
the Estate of Dethrisha M. Anderson, Deceased and Weissfeld & Weissfeld and
Stephen S. Frey, Their Attorneys $125,000.00
A4. David Jenkins $ 3,000.00
A5. Titina Sims and Allen D. Goldstein, Esq., As Attorney
$ 1,000.00
A6. Linda Zakrzewski, Individually and as Administratrix of the Estate of
Eugene J. Zakrzewski, Deceased $ 7,500.00
A7. Jean E. McCormick $ 35,000.00
A8. Yvonne Answeeney
Claim for payment of uncovered medical expenses. Claimant was injured
standing by a fence on Mackinaw and Tennessee Streets watching the Buffalo Fire
Department attempting to put out a fire. The hose struck the claimant in the
left knee and leg. $ 192.88
A9. Elizabeth J. Lucas
Claim for payment of uncovered medical expenses as the result of a
falldown in front of 171 University Avenue on November 23, 1993. The sidewalk
adjacent to the tree is raised and broken and had been reported to the City
Clerk's Office as a hazardous condition. $ 950.00
There are no Insurance Companies involved in the settlement of the above
claims.
That checks be drawn on the account of 81-2 General City Charges
100-812-000-00-809 Judgment and Claims Prior Years, payable to the respective
claimants or plaintiffs and their attorneys, if any, hereinabove named, in the
amounts set opposite their names and delivered to them upon execution and
delivery to the Corporation Counsel of proper releases and closing papers.
PASSED.
AYES- 13 NOES- 0.
No. 101
Property Damage
That upon the recommendation of the Corporation Counsel, and the
appropriate City Department, the following actions and claims for damage to
property caused by alleged negligence on the part of the City be compromised
and settled:
B 1. John Chiarenza III
Claim for pothole damage to a 1989 Chevy Corvette on April 2, 1994 on the
Delaware Avenue "S" curves. $ 804.82
2. Kyaida Fields an Infant by C. Overton M/N/G
Claim for a pair of sneakers which were stolen from the Masten Park Pool.
$ 107.99
B3. Edward D. Flaherty
Claim for damage from melting snow and ice which fell from the roof on a
1984 Chevrolet pickup truck of a City employee at the Colonel Ward Pumping
Station on Porter Avenue.$ 522.00
B4. Carl E. Flexer, Amica Mutual Insurance Company A/S/O Subrogation claim
for damage to a 1984 Ford Bronco while it was at the Tonawanda Street Impound
Garage. In December person or persons unknown did break into the vehicle and
remove the stereo CD player along with damaging the dash board. $ 806.44
B5. Jesse Johnson
Claim for damage to a 1984 Lincoln on June 28, 1994 at 29 Hurlock Street.
A large dead branch from a thirty-three (33) foot linden pine tree owned by the
City fell on the vehicle and caused numerous dents and scratches. $
825.56
B6. Michael Lawrence
Claim for expenses incurred as the result of a water line leak at 316
West Utica Street. After contacting a plumber and upon excavation it was
determined that the leak was actually on the City's four (4) inch main.
$ 880.00
B7. Martin L. Moore
Claim for damage to a fence at 228 East Ferry Street by a City Hi-lift
cleaning up an adjacent vacant City owned lot. While picking up concrete slabs
and debris from the lot, the hi-lift inadvertently hit the fence, cracked a
post and loosened others.
$ 419.00
B8. Mary Jo Schultz
Claimant purchased a dog from the City of Buffalo Animal Shelter. She was
told that the dog had been examined and vaccinated. The dog became ill the
following day and was diagnosed as having Parvo Virus. It appears that the dog
had the virus at the time of purchase from the City of Buffalo.$ 519.30
B 9. Gordon S. Taylor
Claim for pothole damage to a 1992 Volkswagen Jetta GL on February 22,
1994 on the Delaware Avenue "S" Curves.
$ 840.78
There is no insurance company involved in the settlement of the above
claims numbered 1, 2, 3, 5, 6, 7, 8 and 9.
That checks be drawn on the account of 81-2 General City Charges
100-812-000-00-809 Judgment and Claims Prior Years, payable to the respective
claimants or plaintiffs and their attorneys, if any, hereinabove named, in the
amounts set opposite their names and delivered to them upon execution and
delivery to the Corporation Counsel of proper releases where such releases are
indicated.
PASSED.
AYES- 13 NOES- 0.
No. 102
Miscellaneous
That, upon the recommendation of the Corporation Counsel and the
appropriate City Department, the following claims be paid:
C 1. Marilyn LaPiana
Claim for life insurance coverage under the City of Buffalo's bargaining
agreement with Local #650. John LaPiana was a City of Buffalo Police Officer
employee who died on August 6, 1994. Mr. LaPiana's widow, Marilyn LaPiana, is
also a City of Buffalo employee and a member of Local #650. Under the terms of
Mr. Lapiana's collective bargaining agreement, his beneficiary, Marilyn
LaPiana, is entitled to ($5,000) life insurance coverage. Under the terms of
Mrs. LaPiana's collective bargaining agreement, she is entitled to ($4,000)
spousal life insurance coverage. Under the terms of group policies an employee
cannot be insured as both an employee and a dependent. Companion Life Insurance
Company has paid Mrs. LaPiana ($5,000) under the terms of the City of Buffalo's
group life insurance contract. The City's payment of ($4,000) for her spousal
life insurance coverage has been verified and approved by Labor Relations.
$4,000.00
C 2. Evelyn Manley
Claim for payment of medical costs incurred by the claimant an eighty-six
(86) year old retiree of the City of Buffalo in November of 1992. Ms. Manley
opted to change her health care coverage in April 1992 to take effect on July
l, 1992 from Health Care Plan to Medicare for primary coverage and Community
Blue for secondary coverage. Her coverage with Health Care Plan was never
canceled. To date no carrier has paid for her treatment and Ms. Manley is being
pressured for payment.
The Department of Law and Labor Relations feel there is liability on the
part of the City because the problem stems from the clerical error made by
Labor Relations in not preparing, documenting and/or notifying the appropriate
parties of the change from one group insurance carrier to another. $
4,404.81
That checks be drawn on the account of 81-2 General City Charges
100-812-000-00-809 Judgment and Claims Prior Years, payable to the respective
claimants and their attorneys, if any, in the amount set opposite their names,
respectively, and delivered to them upon execution and delivery to the
Corporation Counsel of the proper releases where such releases are indicated.
PASSED.
AYES- 13 NOES- 0.
No. 103
Miscellaneous Refund/Reimbursement
That, upon the recommendation of the Corporation Counsel and the
appropriate City Department, the following claims be paid:
D1. Paul N. Bittner
Claim for reimbursement for an incorrect pension check deduction for
medical insurance coverage for a retired employee of the City of Buffalo from
July 1, 1991 to January 31, 1993. After a medical insurance audit it was
discovered that ($9.79) was taken out in error for twenty (20) months
$195.80
D2. Salvatore Guadagna
Claim for reimbursement for an incorrect pension check deduction for
medical insurance coverage for a retired employee of the City of Buffalo from
February 1993 to September 1993. After a medical insurance audit it was
discovered that ($37.64) was taken out in error for eight (8) months
$301.12
D3. Robert E. Henninger, Jr.
Claim for reimbursement of impound charges and hotel bill due to the City
of Buffalo Parking Violations Bureau wrongfully suspending vehicle
registration. The Parking Violations Bureau stated to Mr. Henninger that they
did make a plate error when issuing the ticket and that the whole matter was
dismissed. Mr. Henninger is requesting reimbursement for the impound fee of
($80.90) and the Hotel bill of ($91.00) for a total of ($171.90). He has
submitted receipts. $ 171.90
D4. Michael J. Murphy
Claim for reimbursement for an incorrect pension check deduction for
medical insurance coverage for a retired employee of the City of Buffalo. After
a medical insurance audit it was discovered that ($13.60) was taken out in
error for twenty-five (25) months
$ 340.00
D5. Niagara Frontier Trade Union Leadership Council
Claim for a refund of unused Bingo License #1216 due to the cancellation
of thirty-six (36) Bingo occasions. $ 250.00
There are no Insurance Companies involved in the settlement of the above
claims.
That checks be drawn on the account of 81-2 General City Charges
100-812-000-00-809 Judgment and Claims Prior Years, payable to the respective
claimants and their attorneys, if any, in the amount set opposite their names,
respectively, and delivered to them upon execution and delivery to the
Corporation Counsel of the proper releases where such releases are indicated.
PASSED.
AYES- 13 NOES- 0.
No. 104
Miscellaneous Refund/Reimbursement
D6. David E. Rizk
This is a claim for partial reimbursement of a season golf pass which was
purchased by the claimant in May of 1994 for ($250) from the City of Buffalo.
Mr. Rizk had recently relocated to the area from Las Vegas because he was
promised employment with the Angola Police Department. He did not get the job
because of cutbacks in their department. He has been in the process of moving
back to Las Vegas. A few other chances of employment in the area also fell
through for him. Because of the circumstances, Mr. Rizk was only able to use
his pass three (3) times. This has been confirmed by the Parks Department. The
Department has offered a partial refund of ($125) to the claimant which he has
accepted. There is no Insurance Company involved in the settlement of this
claim.
The Corporation Counsel recommends payment in the amount of
$ 125.00
7. Joan C. Runckel
This is a claim for a partial refund of a golf pass purchased from the
City Parks Department at Delaware Park on April 26, 1994. On June 30, 1994
claimant broke her leg and was unable to use the golf pass. She had used it six
(6) times. The computation of this claim is based on a pro-rated amount of
($41.67) per month for a total of ($166.66). There is no Insurance Company
involved in the settlement of this claim.
The Corporation Counsel recommends payment in the amount of
$ 166.66
That the above items be and the same hereby are returned to the Common
Council without recommendation.
Mr. Franczyk moved the denial of the above claims.
ADOPTED.
No. 105
Miscellaneous Invoice
That, upon the recommendation of the Corporation Counsel and the
appropriate City Department, the following claims be paid:
E1. ABG Associates Incorporated
Claim for payment of prior fiscal year Invoice #1511 for services
rendered to the Department of P/W Engineering $168.00
E2. Alling & Cory
Claim for payment of prior fiscal year Invoices #86714701 & #86497601 of
May 9, 1994 for services rendered to the Police Department
$421.50
E3. Arbordale Nursery, Inc.
Claim for payment of prior fiscal year Invoice #029504 of May 24, 1994
for services rendered to the Department of P/W Engineering
$124.89
E4. Bry-Lin Hospitals
Claim for payment of a prior fiscal year invoice for MRO services
rendered to the Civil Service Commission on March 26, 1993
$100.00
E5. Buffalo Columbus Hospital
Claim for payment of a prior fiscal year invoice for services rendered to
Police Officer Richard Gattuso on December 23, 1993
$138.02
E6. Clark Boardman Callaghan
Claim for payment of seven (7) prior fiscal year invoices for Legal
Publications to the Department of Law from July 7, 1992 to December 9, 1992.
$ 791.40
E7. Corporate Health Center
Claim for payment of nine (9) invoices for medical services rendered to
Police Officers, H. Walker, K. Czekalski, H. Sheldon, B. Miller-Williams, R.
Perez. J. Strand, M. Healy Jr., M. Bass and D. Delvalle who were injured in the
line of duty in 1993 and required medical treatment.
$730.71
E8. Corporate Health Center
Claim for payment of four (4) invoices for medical services rendered to
Firefighters, W. Wright, T. Lang, C. McCleary, and D. Suarez who were injured
in the line of duty in 1993 and required medical treatment.
$255.80
E9. Damon & Morey
Claim for payment of prior fiscal year Invoices #17782 and #18404 for
professional legal services rendered to the Department of Law on 12/1/92 to
1/31/93 and 2/1/93 to 2/28/93 regarding the Professional Firefighters
Association. $112.50
E 10. Erie County Clerk's Office
Claim for payment of prior fiscal year Invoices #F 03528 of June 15, 1994
and #F 03538 of June 21, 1994 for services rendered to the Department of Law
for various properties in the City of Buffalo regarding the In REM #26 and #27.
$ 112.50
E 11. GAR Associates, Inc.
Claim for payment of prior fiscal year Invoice #GR 002317 of June 20,
1994 for a real estate appraisal of 40 Cottage Street for the Department of
Law. $ 1,150.00
E 12. The Greater Buffalo Veterinary Services, P.C.
Claim for payment of an invoice for treatment of a dog, a pit bull, who
was shot in the eye with an arrow. The dog had been stolen and set loose
earlier that evening. It was chasing a man down the street when another man
shot the dog with an arrow in the eye in defense of the first man. The dog
warden was called and he decided to order medical treatment for the dog.
$479.00
E 13. Hospital Ambulance Billing
Claim for payment of a prior fiscal year invoice for services rendered to
Police Officer Thomas Stroehlein who was stabbed in the stomach by a defendant
while effecting an arrest on September 5, 1993.
$398.51
E 14. Hospital Correspondence Corporation
Claim for payment of forty-two (42) prior fiscal year invoices for copies
of medical records of various claimants to the Department of Law.
$ 571.91
E 15. Jack W. Hunt and Associates, Inc.
Claim for payment of prior fiscal year Invoice #77560 for court reporting
services to the Department of Law on April 25, 1994 in the matter of Delphine
Kirst Vs. The City of Buffalo $202.50
E 16. Paul T. Jansen, P.E., Jansen-Kiener Consulting Engineers
Claim for payment of an invoice for prior fiscal year services. In July
1993 the facade of a City owned community center at 118 East Utica Street
collapsed. Jansen-Kiener Consulting Engineers were hired on an emergency basis
to provide consulting services to the Division of Buildings and the Department
of Law.
$ 6,688.50
E 17. Jobst Institute, Inc.
Claim for payment of a prior fiscal year invoice for services rendered to
retired Police Officer Robert Boye who was injured on July 16, 1983 while
cleaning out a police van. He slipped from the third step injuring his left
leg. $113.25
E 18. Oscar S. Lopez, M.D.
Claim for payment of a prior fiscal year invoice for services rendered to
the Civil Service Commission for a Psychiatric Assessment on April 28, 1994.
$150.00
E 19. Noco Energy Corporation
Claim for payment of prior fiscal year Invoice #174785 of May 24, 1994
for services rendered to the Department of P/W Engineering.
$182.95
E 20. R.L. Polk & Company
Claim for payment of two (2) prior fiscal year invoices, Reference No.
1866078 for the publication, 1993 Buffalo North Suburban and No. 1865795 for
publication 1993 Buffalo South Suburban to the Department of Law.
$205.00
E 21. Prentice Hall Legal & Financial Services
Claim for payment of three (3) prior fiscal year Invoices #16054164,
#16063422 and #16063985 of April 11, 1994 and May 19, 1994 for services to the
Department of Law. $488.40
E 22. Patricia Reddy, LPT
Claim for payment of a prior fiscal year invoice for services rendered to
Firefighter Michael Achatz who injured his back in the line of duty on July 16,
1992. $125.00
E 23. Safety Kleen Corporation
Claim for payment of two (2) prior fiscal year Invoices #072523 of May
13, 1994 and #680134 of June 24, 1994 to the Division of Engineering.
$ 222.50
E 24. United Uniform Company
Claim for payment of prior fiscal year Invoice #40657 of May 3, 1994 for
services rendered to the Police Department for School Crossing Guard raincoats
and cap covers. $ 602.40
E 25. University Head & Neck Surgery
Claim for payment of a prior fiscal year invoice for services rendered to
Police Officer Patrick O'Mara on October 21, 1993.
$130.00
E 26. Water Division, City of Buffalo
Claim for payment of nine (9) prior fiscal year invoices for water turn
off charges for City owned properties to the Division of Real Estate. The
properties are located at 129 Norwood, 472 Sycamore, 1112 Sycamore, 286
Detroit, 135 Lathrop, 1269 Genesee, 2228 Fillmore, 97 Box and 46-60 Metcalfe.
$167.00
E 27. West Publishing Corporation
Claim for payment of seven (7) prior fiscal year invoices Account
#908-612-914 for book publications to the Department of Law.
$205.82
E 28. West Publishing Corporation
Claim for payment of a prior fiscal year invoice Account #908-610-246 for
book publications to the Police Department on June 22, 1994.
$ 66.00
E 29. Western New York Work Eval & Rehab Services
Claim for payment of a prior fiscal year invoice for services rendered to
Police Officer Justine Harris who was injured on February 27, 1993 in the line
of duty. $ 375.00
E 30. Miriam Winokur
Claim for payment of a prior fiscal year hearing officer's invoice for
disciplinary proceedings against a Firefighter on May 11, 1994.
$ 500.00
E 31. Xerox Corporation
Claim for payment of prior fiscal year Invoice #152359206 of April 25,
1994 for services rendered to the Police Department for service, labor and
parts for a Xerox copier. $195.00
There are no Insurance Companies involved in the settlement of the above
claims.
That checks be drawn on the account of 81-2 General City Charges
100-812-000-00-809 Judgment and Claims Prior Years, payable to the respective
claimants and their attorneys, if any, in the amount set opposite their names,
respectively, and delivered to them upon execution and delivery to the
Corporation Counsel of the proper releases where such releases are indicated.
PASSED.
AYES- 13 NOES- 0.
No. 106
Miscellaneous Payroll
That, upon the recommendation of the Corporation Counsel and the
appropriate City Department, the following claims be paid:
F1. Paul J. Rebholz
This is a claim for payment for twenty-one (21) unused vacation days
earned by the claimant while working for the City of Buffalo in the Department
of Public Works from January 1, 1993 to December 31, 1993. Mr. Rebholz has
taken a position with the Board of Education and this time earned is not
transferrable. Labor Relations has verified this request for a monetary payment
based on Article 8. 11 of the Local 71 Collective Bargaining Agreement. Since
this payment should have been processed in a previous fiscal year payment must
be made through the claims process.
$ 2,988.11
That checks be drawn on the account of 81-2 General City Charges Fund No.
81300809 Judgment and Claims Prior Years, payable to the respective claimants
or plaintiffs and their attorneys, hereinabove named, in the amounts set
opposite their names and delivered to them upon the delivery of the proper
releases where indicated.
PASSED.
AYES- 13 NOES- 0.
No. 107
Report to the Claims Committee
That, upon the recommendation of the Claims Committee, the following
claims be paid:
G1. Salvatore Howard
Claimant is an employee of the City of Buffalo Department of Street
Sanitation. He works out of the Broadway Garage. His labor agreement with the
City stipulates that he provide his own personal tools for the job. Employees
are given a yearly tool allowance. On August 29, 1994 sometime before 6:00 A.M.
vandals broke into his locker and his tools were stolen. Based on City
Ordinances Section 16-8, the Corporation Counsel recommended denial of this
claim.
The Claims Committee recommends payment in the amount of
$ 1,560.00
G2. Jerome F. Nosky
On February 20, 1994, due to heavy rainfall, melting snow and ice
blockage at the Stevenson Street bridge on the Buffalo River, there was
flooding on Hollywood Street. Mr. Nosky who lives at 109 Hollywood Street
sustained flood related damage in his basement in the amount of ($2,061.54).
The Department denied Mr. Nosky's claim in correspondence dated May 17,
1994 based on the fact that there was no negligence or liability on the part of
the City of Buffalo.
The Claims Committee recommends payment in the amount of
$ 2,061.54
There are no Insurance Companies involved in the settlement of the above
claims.
PASSED.
AYES- ARTHUR, COPPOLA, CZAJKA, FAHEY, FRANCZYK, LOCKWOOD, LOTEMPIO, PERLA,
ZUCHLEWSKI- 9.
NOES- BELL, COLLINS *HELFER, PITTS- 4.
* Mr. Helfer was in the negative on G-1 only.
CIVIL SERVICE
HON. ROSEMARIE LOTEMPIO
CHAIRMAN
No. 108
Early Retirement Incentive - Positions (A&F)
(Item # 91 CCP September 6, 1994)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 109
Hiring of Residents (BMHA)
(Item # 75 CCP May 31, 1994)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 110
Hiring of Residents (BMHA)
(Item # 118 CCP July 26, 1994)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 111
Local 264- Clarification- Hiring of Residents
(Item # 92 CCP July 12, 1994)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
FINANCE
HON. DAVID A. COLLINS
CHAIRMAN
No. 112
Lease Parking Lot (Corner of Fillmore and French Street)
(Item No. 118, C.C.P., Sept. 6, 1994)
That the Comptroller be, and hereby is authorized to negotiate
a lease between the City of Buffalo and Imam Fajri Ansari, Masjid Nu' Man
Incorporated, for the lease of the parking lot at the corner of Fillmore and
French Street.
PASSED.
AYES- 13 NOES- 0.
No. 113
Negotiate Private Sale - 246 Walden Avenue
Odessa Hunter
(Item No. 100, C.C.P., June 28, 1994)
That the above item be, and the same hereby is, returned to the
Common Council without recommendation.
Mr. Collins moved:
That the above item be, and the same is hereby received and filed.
ADOPTED.
No. 114
Negotiate Private Sale - 246 Walden Avenue
(Item No. 19, C.C.P., July 12, 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 Received and Filed.
ADOPTED.
No. 115
Results of Negotiations - 640 Michigan
(Item No. 31, C.C.P., July 26, 1994)
That the above item be, and the same hereby is, returned to the
Common Council without recommendation.
Mr. Collins now moved to recommit to the Committee on Finance.
ADOPTED.
No. 116
Info.- Agreement- Painters District Purchase Property (CC)
(Item # 88 CCP July 26, 1994)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 117
Request Ordinance Amendment - Alarm Licenses
(Item # 183 CCP June 14, 1994)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 118
Transfer of Funds - Pilot Field - Capital Outlay
(Item No. 195, C.C.P., Sept. 20, 1994)
That pursuant to section 42 of the Charter and the Certificate
of the Mayor and the Comptroller, the sum of $1,273 be, and the same is hereby
transferred from the Pilot Field account, said sum is hereby reappropriated as
set forth in the above item.
PASSED.
AYES- 13 NOES- 0.
No. 119
Transfer of Funds - Division of Buildings
(Item No. 196, C.C.P., Sept. 20, 1994)
That pursuant to section 42 of the Charter and the Certificate
of the Mayor and the Comptroller, the sum of $14,000 be, and the same is hereby
transferred from the Reserve for Capital Improvements account, said sum is
hereby reappropriated as set forth in the above item.
PASSED.
AYES- 13 NOES- 0.
No. 120
Transfer of Funds - Pilot Field - Workers Compensation
(Item No. 197, C.C.P., Sept. 20, 1994)
That pursuant to section 42 of the Charter and the Certificate
of the Mayor and the Comptroller, the sum of $15,000 be, and the same is hereby
transferred from the Pilot Field accounts for Insurance & Surety and Temporary
Services, said sum is hereby reappropriated as set forth in the above item.
PASSED.
AYES- 13 NOES- 0.
No. 121
Increased Appropriation - Pilot Field
Building Repairs & Alterations
(Item No. 198, C.C.P., Sept. 20, 1994)
That pursuant to Section 41 of the Charter and the Certificate
of the Mayor and the Comptroller be, and he 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
PASSED.
AYES- 13 NOES- 0.
No. 122
Permission to Engage Consultant
Solid Waste Plan
(Item No. 36, C.C.P., Sept. 20, 1994)
That the Commissioner of Public Works be, and he hereby is authorized
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.
ADOPTED.
No. 123
Report of Emergency Bid
Demolition 107 Gelston Street
(Item No. 53, C.C.P., Sept. 20, 1994)
That the award by the Commissioner of Inspections and Community
Revitalization of an emergency demolition contract to Maplewood Construction at
a cost of $13,333.00, relating to 107 Gelston 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.
PASSED.
AYES- 13 NOES- 0.
No. 124
Change Contract - Plumbing - Kleinhans Music Hall
(Item No. 37, C.C.P., Sept. 20, 1994)
That the Commissioner of Public Works be, and he hereby is, authorized
to issue change order #1 to Gareleck Plumbing, in the amount of $5,964.00 for
work under contract C91763100 for work relating to Plumbing Reconstruction of
Kleinhans Music Hall -Phase 111A, with said cost to be charged against the B/F
200-402-030 Division of Buildings.
PASSED.
AYES- 13 NOES- 0.
No. 125
Information - Trade-In Equipment - Police Department
(Item No. 46, C.C.P., Sept. 20, 1994)
That the above item be, and the same hereby is, returned to the
Common Council without recommendation.
That the Commissioner of Police be, and he hereby is authorized to
trade-in city owned machines to Automated Office Products of WNY, Inc.
PASSED.
AYES- 13 NOES- 0.
No. 126
Certiorari Proceeding Rand Building
Fiscal Year 1993-94
(Item No. 28, C.C.P., Sept. 20, 1994)
That the Corporation Counsel be, and he hereby is 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.
PASSED.
AYES- 13 NOES- 0.
No. 127
Parkside Candy, Waive Taxes/Interest
3208 Main Street
(Item No. 78, C.C.P., Sept. 20, 1994)
That the above item be, and the same hereby is, returned to the
Common Council without recommendation.
Mr. Collins now moved to recommit to the Committee on Finance.
ADOPTED.
No. 128
Abate Charge for Replacing Light Standard
(Item No. 38, C.C.P., Sept. 20, 1994)
That the Commissioner of Public Works be, and he hereby is, authorized
to abate Invoice ARA00043 of February 28, 1994 in the amount of $2,030.24 for
replacement of a light standard located at 771 Niagara Street.
PASSED.
AYES- 13 NOES- 0.
No. 129
Tax Procedures for Re-Dev. Companies (Assmt)
(Item # 29 CCP September 20, 1994)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 130
Streets and Sanitation Policy - Issuing Summonses
(Item No. 271, C.C.P., July 26, 1994)
That the Department of Streets and Sanitation shall develop a
policy in writing regarding the issuance of summonses and the pick-up of
garbage and trash at the cited property and present such policy to this body;
and
That the Department of Streets and Sanitation shall provide in writing to
this Council, an appropriate "pick-up fee" that could be attached to the fine
in the event the Department of Streets and Sanitation hauled the garbage or
trash away the same day as the issuance of the summons, with proper and
complete justification.
ADOPTED.
No. 131
Policy - Summonses/Trash pick-up (Sts)
(Item # 52 CCP September 20, 1994)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 132
Info. - Checks Received by Police (A&F)
(Item # 70 CCP May 31, 1994)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 133
Checks Received (Pol)
(Item # 45 CCP September 20, 1994)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 134
Auto Allowance (C. Clerk)
(Item # 100 CCP September 6, 1994)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 135
Audit- Pilot Field
(Item # 35 CCP July 26, 1994)
That the above mentioned Item be and the same is hereby received
and filed
ADOPTED.
No. 136
Audit Fed./State/County Grants (Compt)
(Item # 18 CCP September 6, 1994)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
LEGISLATION
HON. ALFRED T. COPPOLA
CHAIRMAN
No. 137
Joseph P. Mosey, Jr., Petition to use 955 Hertel Avenue - Pole Sign
(Item No. 81, C.C.P., Sept. 20, 1994)
That after a public hearing before the Committee on Legislation
on September 27, 1994, the petition of Joseph P. Mosey, Jr., for permission to
use 955 Hertel Avenue for a pole sign be, and hereby is approved.
PASSED.
AYES- 13 NOES- 0.
No. 138
Rino Lavacca, Petition To Use 522 Linwood Avenue
for a Halfway House
(Item No. 143, C.C.P., July 26, 1994)
That after a public hearing before the Committee on Legislation
on September 27, 1994, the petition of Rino Lavacca, Agent, for permission to
use 522 Linwood Avenue for a Halfway House be, and hereby is denied.
ADOPTED.
No. 139
V. Schneider - Oppose Halfway House 522 Linwood
(Item # 86 CCP September 20, 1994)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 140
H/H Acquire- Use 1566 Hertel - Sign
(Item # 134 CCP September 6, 1994)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 141
Preservation Coalition - Land. Design. - 15 Eastwood
(Item # 126 CCP September 6, 1994)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 142
Canisius College -
Oppose Landmark Designation - Eastwood
(Item # 71 CCP September 20, 1994)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 143
Canisius College - Parking - 2007 Main
(Item # 219 CCP July 26, 1994)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 144
Block Demolition of St. Vincent de Paul Church Rectory
(Item No. 152, C.C.P., Sept. 6, 1994)
That this Common Council instruct the Permit Office to delay issuance
of any demolition permits that would involve the destruction of St. Vincent de
Paul rectory pending the final decision by the Buffalo Preservation Board and
the Common Council.
ADOPTED.
AYES- BELL, COLLINS, CZAJKA, FRANCZYK, HELFER, LOCKWOOD, LOTEMPIO, PERLA,
PITTS, ZUCHLEWSKI- 10.
NOES- ARTHUR, COPPOLA, FAHEY- 3.
No. 145
Canisius - Concerns of Demo Permit Denial
(Item # 113 CCP September 6, 1994)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 146
S. Guadagna - Natl. Historic Landmark - Fireboat Cotter
(Item # 73 CCP September 20, 1994)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 147
Nubian Assn. - Minority Contractors - BMHA
(Item # 139 CCP July 26, 1994)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 148
Hamlin Park Assn. - Oppose demo.- Canisius College
(Item # 133 CCP July 26, 1994)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 149
A. Hammer & O - Oppose Demo.- Canisius/Pkg.
(Item # 145 CCP July 26, 1994)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 150
USDOA- Access Berm- Black Rock Lock
(Item # 101 CCP July 12, 1994)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 151
Army Corp. - Eng.- Black Rock Lock Berm (CPBD)
(Item # 16 CCP July 26, 1994)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 152
350 Pennsylvania Street, Permission to Install Sidewalk Cafe
(Item No. 43, C.C.P., Sept. 6, 1994)
That the Commissioner of Public Works be, and he hereby is, authorized
to issue a "mere license" to Ms. Susan Persico, owner of the Coda Restaurant,
located at 350 Pennsylvania Street, to install a sidewalk cafe which would
encroach city right-of-way at said address, subject to the following
conditions:
1. That the applicant obtain any and all other City of Buffalo permits
necessary for said installation.
2. That the sidewalk cafe be installed exactly as shown on plans submitted
to and approved by the Department of Public Works, Division of Buildings.
3. That the sidewalk cafe does not exceed 36 feet in length or extend no
more than 4 feet from the building face.
4. That no portion of the sidewalk cafe be permanent in nature or
permanently affixed to the main building or public sidewalk.
5. That the sidewalk cafe be completely removed from city right of way from
November 15 to April 1 each year.
6. That the applicant be assessed the annual fee of $2.00 per square foot of
city right of way occupied by said sidewalk cafe as described in Chapter 413
Article IX Section 59 (Sidewalk Cafes) of the City Ordinances.
7. That the applicant supply the City of Buffalo with a Five Thousand dollar
($5,000) construction in street bond or certificate of insurance which will
indemnify and save harmless the City of Buffalo against any and all loss and
damage arising out of the construction, maintenance, use and removal of said
sidewalk cafe.
PASSED.
AYES- 13 NOES- 0.
No. 153
Crossroads Arena, Install 3 Awnings on Perry St.
(Item No. 41, C.C.P., Sept. 20, 1994)
That the Commissioner of Public Works be, and he hereby is, authorized
to issue a "mere license" to Carolyn Hoyt, of Crossroads Arena Corporation, to
install awnings which would encroach city right-of-way on Perry Street at the
new Crossroads Arena, subject to the following conditions:
1. That the applicant obtain any and all other City of Buffalo permits
necessary for said installation.
2. That the 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 awnings.
PASSED.
AYES- 13 NOES- 0.
No. 154
Niagara Mohawk Power Corporation
Easement - 2351 Delaware Avenue, North Park Library
(Item No. 73, C.C.P., Sept. 6, 1994)
That the Commissioner of Community Development be, and he hereby
is authorized to enter into an Easement Agreement with Niagara Mohawk Power
Corporation for the installation of a new electrical service at the North Park
Library, 2351 Delaware Avenue.
PASSED.
AYES- 13 NOES- 0.
No. 155
Solicitation of Funds Application - Greenpeace
(Item No. 42, C.C.P., Sept. 20, 1994)
That the Commissioner of Public Works be, and hereby is authorized
to grant Greenpeace an additional thirty days, to expire on October 15, 1994 to
solicit funds in City of Buffalo.
PASSED.
AYES- BELL, COLLINS, CZAJKA, FAHEY, FRANCZYK, HELFER, LOCKWOOD, LOTEMPIO,
PERLA, PITTS, ZUCHLEWSKI- 12.
NOES- ARTHUR- 1.
No. 156
Request Ordinance - Fee for Delinquent
Owners In Correcting Housing Code Violations
(Item No. 186, C.C.P., June 14, 1994)
That the Common Council requests the Corporation Counsel to draft
an ordinance amendment establishing a fee of $75.00, to be charged to the
property owner in current violation, for the third and each subsequent call
back inspection that is a result of failure to comply with the directives of
the initial inspection; and
That in addition to this fee, the Corporation Counsel prepare the
appropriate legislation to create a $25.00 extension fee which would allow a
property owner to extend the period of time to correct the initial violations.
This fee would be required to be paid at least two weeks before the first
re-inspection is conducted.
ADOPTED.
No. 157
Ord.-Fee- Delinquent Owners/Hsg. Violations (ICR)
(Item # 107 CCP July 26, 1994)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 158
Ordinance Amendment - Rental Housing Business (ICR)
(Item # 109 CCP July 26, 1994)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 159
Ban Assault Weapons in the City
(Item No. 151, C.C.P., Sept. 6, 1994)
That the Common Council direct the Corporation Counsel to prepare
the appropriate ordinance that would ban the sale and possession of assault
weapons in the City of Buffalo, with the added provision that the legislation
be effective immediately; and
That this Council requests that the County of Erie and State of New York
enact parallel legislation; and
That the City Clerk certify passage of this resolution and forward copies
thereof to the Clerk of the Erie County Legislature, the Clerk of the NYS
Assembly and the Secretary of the NYS Senate, and NYS Governor Mario Cuomo.
ADOPTED.
AYES- ARTHUR, BELL, COLLINS, COPPOLA, CZAJKA, HELFER, LOCKWOOD, LOTEMPIO,
PERLA, PITTS- 10.
NOES- FAHEY, FRANCZYK, ZUCHLEWSKI- 3.
No. 160
Request Ordinance - Waiting Period - Permit Denial
(Item No. 206, C.C.P., Sept. 20, 1994)
That this Common Council requests the Corporation Counsel to draft
an ordinance 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.
ADOPTED.
No. 161
Ban Smoking in City Hall and City Buildings
(Item No. 242, C.C.P., July 26, 1994)
That the above item be, and the same hereby is, returned to the
Common Council without recommendation.
Mr. Coppola now moved to recommit to the Committee on Legislation.
ADOPTED.
No. 162
Wellness Program - Ban Smoking in City Buildings
(Item # 130 CCP September 6, 1994)
That the above mentioned Item be and the same is hereby received
and filed.
Mr. Coppola now moved to recommit to the Committee on Legislation.
ADOPTED.
No. 163
Stop Signs Ellicott/Southampton (PW)
(Item # 47 CCP September 6, 1994)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 164
Designate Handicapped Parking
(Item No. 154, C.C.P., Sept. 6, 1994)
That this Common Council recognizes the difficulty disabled persons
with handicapped parking permits face when seeking a legal parking place in
business and residential areas, and therefore, requests that the Director of
Parking Enforcement and the Traffic Engineer designate parking zones not
presently allowed for use by those properly displaying handicapped parking
permits without penalty.
ADOPTED.
No. 165
Est. Adv. Comm. - Aid permit process
(Item # 243 CCP July 26, 1994)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 166
K. Purdue- Complaint on Police Raid On Home
(Item # 99 CCP July 12, 1994)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 167
Termination of Reserve Program by Police Department
Item No. 157, C.C.P., May 3, 1994)
That this Common Council requests that the Corporation Counsel
report to it with an interpretation of the law that the Deputy Commissioner of
Police has cited as justification in terminating the Buffalo Police Reserves;
and
That this Honorable Body request that the grievances of the members of
the Buffalo Police Reserves be fully aired by all parties concerned, including
the Mayor, the Commissioner of Police, the members of the reserves and this
Body in the interests of reinstating the Program.
ADOPTED.
No. 168
Protest Closing Niagara Mohawk Customer Svs. Ctr.
(Item # 142 CCP September 6, 1994)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 169
Niagara Mohawk - Reply To Concerns - Closing Customer Serv. Ctr.
(Item # 77 CCP September 20, 1994)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 170
Grant/Ferry Mkt. Pl. - Opp. Closing Pct. #5
(Item # 119 CCP September 6, 1994)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 171
NYSDEC - Draft of Canoe Trail Guide
(Item # 122 CCP September 6, 1994)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 172
Bflo. Color Corp. Spill (Fire)
(Item # 47 CCP September 20, 1994)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 173
Bflo. Color Corp. - Reply To Complaints
(Item # 70 CCP September 20, 1994)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 174
Appointment of Members of the
City Planning Board
(Item No. 7, C.C.P., July 26, 1994)
That the appointment of Susan Curran Hoyt, 70 North Pearl Street,
Buffalo, 14202, James K. Morrell, 65 Durham Avenue, Buffalo, 14206 to the City
Planning Board for terms expiring March 11, 1997, be and hereby are confirmed.
ADOPTED.
ECONOMIC DEVELOPMENT
HON. CARL A. PERLA JR.
CHAIRMAN
No. 175
Program Income From Rehab Loans (ICR)
(Item # 89 CCP September 6, 1994)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 176
Home Funds - Zittel/Porter/Richlawn ONLY (ICR)
(Item # 166 CCP July 12, 1994)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 177
New Form - Rental Rehab. Loan (ICR)
(Item # 101 CCP July 26, 1994)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 178
Defects in Rebecca Pk. Housing Proj. (ICR)
(Item # 52 CCP January 25, 1994)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 179
Defects in Rebecca Pk. Hsg. (CC)
(Item # 44 CCP February 8, 1994)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 180
Rebecca Park Housing Defects (CC)
(Item # 55 CCP March 22, 1994)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 181
Rebecca Park Housing Defects (CC)
(Item # 56 CCP June 28, 1994)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
CATV
HON JAMES W. PITTS
CHAIRMAN
No. 182
BCAM - 6 Month Budget Request
(Item No. 111, C.C.P., Sept. 6, 1994)
That the BCAM Budget for Fiscal Year 1994-95 be, and hereby is
extended for a six (6) month period to expire on 2/12/95 and that $50,200 be
allocated to BCAM for its operation during this period and that payments be
made in accordance with its contract and that receipt of monies be paid
quarterly, as more fully described in the above communication.
PASSED.
AYES- 13 NOES- 0.
RESOLUTIONS
No. 183
By: Mr. Arthur
Reappoint Daniel P. Barone - Assessment Review Board
Whereas: Pursuant to Section 523 of the Real Property Tax Law of
New York State, the Common Council has the authority to appoint five members of
the Board of Assessment Review; and
Whereas: Daniel P. Barone has served as a member of the Board of Assessment
Review since January 1990 having been appointed to fill an unexpired term; and
Whereas: As an experienced member with an extensive working knowledge of
property and house values, Daniel P. Barone's continuation of service would be
beneficial to the Assessment Review Board.
Now, Therefore, Be It Resolved:
That pursuant to the Real Property Tax Law of New York Section 523, this
Common Council reappoints Daniel P. Barone, 137 Dorchester Road, Buffalo, NY
14213 to the Board of Assessment Review for a term of five years.
ADOPTED.
AYES - ARTHUR, BELL, COLLINS, COPPOLA, FAHEY, HELFER, LOCKWOOD, LOTEMPIO,
PERLA, PITTS- 10.
NOES- CZAJKA, FRANCZYK, ZUCHLEWSKI- 3.
No. 184
By: Mr. Bell
Ordinance Amendment
Chapter 399 - Smoking
The Common Council of the City of Buffalo does hereby ordain as
follows:
That Chapter 399 of the Code of the City of Buffalo be amended to read as
follows:
Section 399-12 Purpose.
[A.] Because the smoking of tobacco or any other weed or plant is a danger to
health and is a cause of material annoyance and discomfort to those who are
present in confined places, the Common Council hereby finds and declares that
the purpose[s] of this Article [are] is to [:]
[(1)] [P]protect the public health and welfare by [regulating] banning smoking
in [the office workplace] all City buildings and vehicles, including those
properties leased by or to the City of Buffalo.
[(2)] [Minimize the toxic effects of smoking in the office workplace
accommodating, insofar as possible, the preferences of nonsmokers and smokers.]
[(3)] [If a satisfactory accommodation cannot be reached, prohibit smoking in
the office workplace.]
[B.] [This Article is not intended to create any right to smoke or to impair
or alter an employer's prerogative to prohibit smoking in the workplace. This
Article requires that the employer make accommodations for the preferences of
both nonsmoking and smoking employees and, if a satisfactory accommodation to
all affected nonsmoking employees cannot be reached, that the employer prohibit
smoking in the office workplace.]
Section 399-13 Prohibited acts.
It shall be unlawful far any person to smoke within any building or
vehicle owned or leased by or to the City of Buffalo. This prohibition extends
to all workplaces, public lobbies, restrooms, storage areas, corridors,
elevators, and other enclosed areas within any City building.
[Section 399-13] Section 399-14 Definitions
[CITY OFFICE] WORKPLACE - Any enclosed area of a structure or portion thereof
intended for occupancy by city entities which [will] provide [primarily] labors
clerical, professional or business services to the city, to other business
entities or to the public at that location.
CITY BUILDING - Any building or other structure or portion thereof owned,
operated, occupied or leased by or to the City of Buffalo, its agencies, boards
and commissions and the appropriate officials of such entities.
[Section 399-14] [Promulgation of policy.]
[Within three (3) months of the adoption of this Article, the employer
shall adopt, implement and maintain a written smoking policy which shall
contain, at a minimum, the following provisions and requirements:]
[A.] [Any nonsmoking employee may object to smoke in his or her workplace.
Using already available means of ventilation or separation or partition of
office space, the employer shall attempt to reach a reasonable accommodation,
insofar as possible, between the preferences of nonsmoking and smoking
employees. However, an employer is not required by this Article to make any
expenditures or structural changes to accommodate the preferences of nonsmoking
or smoking employees.]
[B.] [If an accommodation which is satisfactory to all affected nonsmoking
employees cannot be reached in any given office workplace, the preferences of
nonsmoking employees shall prevail, and the employer shall prohibit smoking in
that office workplace. Where the employer prohibits smoking in an office
workplace, the area in which smoking is prohibited shall be clearly marked with
signs.]
[C.] [The smoking policy shall be announced within three (3) weeks of adoption
to all employees working in office workplaces and posted conspicuously in all
workplaces under the employer's jurisdiction.]
[Section 399-15] [Additional regulations]
[Within three (3) months of the adoption of this Article, the employer
shall adopt, implement and maintain a written smoking policy for those areas in
buildings under its control not regulated by Section 399-14 herein.]
Section 399-15 Posting of notice.
The employer or occupant managing the city building or premises wherein
smoking is hereby prohibited shall post in conspicuous places signs that are
clearly visible and legible which shall read as follows:
SMOKING PROHIBITED
Under Penalty of a Fine
Pursuant to Chapter 399 Article IV of
The Code of the City of Buffalo.
Section 399-16 Enforcement
[Reserved]
Section 399-17 Penalties for offenses.
Any person violating the provisions of this Article shall be subject to a
fine of not less than fifty dollars ($50.) nor more than five hundred dollars
($500.).
Section 399-18 Effective Date
This Article shall become effective January 1, 1995.
APPROVED AS TO FORM
Edward Peace
Corporation Counsel
NOTE: Matter in brackets [ ] to be deleted; matter underlined is new.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 185
By: Messrs. Bell and Franczyk
Urge Reduction in Use of Chlorine Bleached Paper
Whereas: The international environmental organization, Greenpeace,
is currently waging a campaign to phase out the use of chlorine as a paper
bleaching agent; and
Whereas: When chlorine is used for bleaching paper, toxic organochlorine
compounds such as dioxin are unintended but inevitable by-products of the
process; and
Whereas: These chemicals, some of which are classed as "persistent toxins",
are released to the environment with the paper-making waste water, and
Whereas: According to Greenpeace, "Over a dozen species (including humans)
in the Great Lakes are currently suffering epidemic health effects including
reproductive failure, birth defects, and developmental impairment" due to
persistent toxins; and
Whereas: The International Joint Commission, a bi-national body charged with
administering the Great Lakes Water Quality Agreement, has called on the U.S.
and Canadian governments to "onset (phase out) the use of chlorine and chlorine
containing compounds as industrial feedstocks"; and
Whereas: There are processes for bleaching paper that do not use chlorine;
Now Therefore Be It Resolved, that:
This Council requests the Commissioner of General Services to meet with
representatives of Greenpeace and to report back to this Council on the
feasibility of switching the city to chlorine-free paper and
Be It Further Resolved, that:
This Council requests the NYS Legislature to investigate the use of
chlorine-free paper by state agencies; and
Be It Further Resolved, that:
This Council requests President Bill Clinton to investigate the use of
chlorine free paper by the federal government; and
Be It Further Resolved, that:
This Council encourages Time, Inc., which is an industry leader in the
use of paper, to work with Greenpeace to phase out Time's use of
chlorine-bleached paper; and
Be It Finally Resolved, that:
The City Clerk be directed to send certified copies of this resolution to
President Clinton, to the Clerk of the NYS Assembly, the Secretary of the NYS
Senate, members of the Western New York State Legislature delegation, and to
Reginald Brack, President, Time, Inc., Time-Life Building, Rockefeller Center,
NY, NY 10020.
Mr. Pitts moved:
That the 1st Resolve be referred to the Committee on Legislation and the
Commissioner of General Services; and
That the balance of the item be adopted.
ADOPTED.
No. 186
By: Messrs. Bell, Perla, Zuchlewski
Reevaluate Process for Demolitions
Whereas: Over the past few months, several reports of bids for
emergency demolitions to private property have been submitted by the Department
of Inspections and Community Revitalization to the Common Council for approval
of payments to contractors performing the work; and
Whereas: Emergency demolitions by their nature invariably bear much higher
costs than demolitions bid on a non-emergency basis; and
Whereas: Councilmembers have raised questions on the inordinate number of
demolitions that have been deemed "emergency" and therefore carry much greater
price tags, as well as the process and priority for determining which
structures will be demolished on a non-emergency basis; and
Whereas: In many cases, structures that have been designated for
non-emergency demolitions may not be actually demolished for up to two or three
years creating hazardous conditions for area residents and their property; and
Whereas: In addition, certain emergency demolition bids have been approved
by the Department of Inspections and Community Revitalization for amounts
ranging from four to ten times the cost of non-emergency demolitions; and
Whereas: In many demolition cases, the city bears the entire cost since the
owner of the property does not have adequate insurance or assets to cover the
liability; and
Whereas: It seems obvious that the Department of Inspections and Community
Revitalization must develop a different policy for handling emergency
demolition in light of the outrageous costs and the increased number of
demolitions deemed to be emergency matters, and in addition, ICR should explain
its process for selection of non-emergency demolitions; and
Whereas: The Department should look into a two step bid process for
emergency demolition which may reduce costs borne by the city or property
owners. A contractor would be engaged to immediately remove the conditions
causing the emergency situation, and then, after those extremely hazardous
conditions are alleviated, bids would be received to demolish and remove the
remaining portion of the structure; and
Whereas: Bids for the demolition and removal of the remaining portion would
be solicited under much less urgency than if the entire job was bid on an
emergency basis, and therefore, should result in much lower costs; and
Whereas: ICR should also examine the possibility of pre-bidding a number of
emergency demolitions. In this way, an average or a mean base-cost for
demolition might be established. Contractors would be required to perform work
as-needed for the base amount determined in the bid and for the number of
demolitions to which the contractor committed; and
Whereas: Additionally, the City should ask New York State to waive or lower
the notification fee attached to demolitions requiring asbestos removal; and
Whereas: Regardless of the method used for bidding emergency demolition, or the
process for selecting non-emergency demolitions, the Department has to be much
more aggressive in recouping demolition expenses from property owners.
Now, Therefore, Be It Resolved:
That Department of Inspections and Community Revitalization reevaluate
its policy on all demolitions especially those deemed to be emergencies and
work with representatives of the Common Council, the Fire Department, the
Department of Public Works, the Division of Collections, and the Corporation
Counsel to develop a better system for determining, bidding, and recouping
costs from emergency demolition, and in addition, explain its process for
selection of non-emergency demolitions.
REFERRED TO THE COMMITTEE ON FINANCE, THE COMMISSIONER OF PUBLIC WORKS, THE
COMMISSIONER OF FIRE, THE COMMISSIONER OF INSPECTIONS AND COMMUNITY
REVITALIZATION AND THE CORPORATION COUNSEL.
No. 187
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
$1,900 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 $1,900
To:
81-8 Interfund Transfers
010 - Transfer to Capital Projects Fund $1,900
From:
81-8 Interfund Transfers
010 - Transfer to Capital Projects Fund $1,900
To:
200 Capital Projects
40-2 - Division of Buildings
031 - Shea's Marquee Reconstruction $1,900
PASSED.
AYES- 13 NOES- 0.
No. 188
By: Mr. Collins
Transfer of Funds
Water Division - Exempt Items
Water Division - Engineering and Inspection Of Water Line
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
$27,425 be and the same is hereby transferred from Water - Exempt Items and
said sum is hereby reappropriated as set forth below:
From:
410 Water Fund
980 Division of Water
819 - Exempt Items
845 - Capital Projects Account Reserve $27,425
To:
410 Water Fund
980 Division of Water
022 - Engineering and Inspection of Water Line
573 - Engineering and Technical Services $27,425
PASSED.
AYES- 13 NOES- 0.
No. 189
By: Mr. Collins
Transfer of Funds
Division of Engineering -
Reconstruction/Widen/Resurface Streets
Division of Engineering - Reconstruction of Park Street
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
$92,750 be and the same is hereby transferred from the Division of Engineering
- Bond account titled Reconstruction/Widen/Resurface Streets and said sum is
hereby reappropriated as set forth below:
From:
200 Capital Project Fund
401 - Division of Engineering
021 - Reconstruction/Widen/Resurface Streets $92,750
To:
200 Capital Project Fund
401 - Division of Engineering
549- Reconstruction of Park Street (from Allen to North) $92,750
PASSED.
AYES- 13 NOES- 0.
No. 190
By: Mr. Collins
Transfer of Funds
Department of Public Works - 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
$145,683 be and the same is hereby transferred from the Department of Public
Works - Division of Buildings, and said sum is hereby reappropriated as set
forth below:
From:
200 Capital Project Fund
40 - Department of Public Works
2 - Division of Buildings
016 - Reconstruction Animal Shelter Building $145,683
To:
200 Capital Project Fund
40 - Department of Public Works
2 - Division of Buildings
099 - Dog Pound Reconstruction $145,683
PASSED.
AYES- 13 NOES- 0.
No. 191
By: Mr. Collins
Transfer Of Funds
Division Of Engineering
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
$1,728.25 be and the same is hereby transferred from the Division of
Engineering -- Capital Bond Fund account $088 to #532 and said sum is hereby
reappropriated as set forth below:
From:
200 Capital Projects Fund
401 - Division of Engineering
088 - Reconstruction of Erie Basin Marina $1,728.25
To:
200 Capital Projects Fund
401 - Division of Engineering
532 - Repairs of Erie Basin Marina $1,728.25
PASSED.
AYES- 13 NOES- 0.
No. 192
By: Mr. Collins
Transfer Of Funds
Division of Engineering
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
$21,000 be and the same is hereby transferred from the Division of Engineering
-- Bond account #092 to #001 and said sum is hereby reappropriated as set forth
below:
From:
200 Capital Projects Fund
401 - Division of Engineering
092 - Reconstruction of Jefferson Avenue $21,000
To:
200 Capital Projects Fund
401 - Division of Engineering --
001 - Reconstruction of Jefferson Avenue $21,000
PASSED.
AYES- 13 NOES- 0.
No. 193
By: Mr. Collins
Bond Resolution
$85,000 Bonds
Improvements to JFK Community Center
Account 200-402-034
Bond Resolution of the City of Buffalo, New York, authorizing
the issuance of $85,000 General Improvement Bonds of said City, to finance the
cost of the partial reconstruction and construction of improvements to the JFK
Community Center, in the City, at the estimated maximum cost of $85,000.
The Common Council of the City of Buffalo, in the County of Erie, New
York, hereby resolves (by the favorable vote of not less than two-thirds of all
the members of said Common Council) as follows:
Section 1. The Comptroller of the City of Buffalo, in the County of Erie,
New York (herein called "City"), is hereby authorized and directed to issue
General Improvement Bonds of said City in the principal amount of Eighty-Five
Thousand Dollars ($85,000), 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 and construction of improvements to the JFK Community Center,
in the City, including the replacement of various windows. The estimated
maximum cost of said specific object or purpose for which the bonds authorized
by this resolution are to be issued, including preliminary costs and costs
incidental thereto and to the financing thereof, is $85,000 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 Department of Public Works, Division of Buildings, "Improvements to JFK
Community Center, 1994-95," Bond Authorization Account No. 200402-034, 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 $85,000. 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) Said building is of at least Class "B" construction as defined by
Subdivision 11.00 a. 11(b) of the Law and the period of probable usefulness
applicable to said specific object or purpose for which the bonds authorized by
this resolution are to be issued, within the limitations of Section 11.00 a 12
(a) (2) of the Local Finance Law, is fifteen (15) years.
(b) Current funds are not required by the Law to be provided as a down
payment prior to the issuance of the bonds authorized by this resolution or any
bond anticipation notes issued in anticipation thereof in accordance with
Section 107.00 d. 9 of the Law.
Section 5. Each of the bonds authorized by this resolution and any bond
anticipation notes issued in anticipation of the sale of said bonds and the
renewals of said notes shall contain the recital of validity as prescribed by
Section 52.00 of the Local Finance Law. Said bonds and said notes shall be
general obligations of the City of Buffalo payable as to both principal and
interest by general tax upon all the taxable real property within said City
without limitation as to rate or amount. The faith and credit of said City are
hereby irrevocably pledged to the punctual payment of the principal of and
interest on said bonds and said notes. Provision shall be made annually by
appropriation by said City for the payment of interest on and for the amounts
required for the amortization and redemption of said bonds and said notes.
Section 6. The validity of the bonds authorized by this resolution, or
any bond anticipation notes issued in anticipation of the sale of said bonds,
may be contested only if:
(a) such obligations are authorized for an object or purpose for which
the City of Buffalo is not authorized to expend money, or
(b) the provisions of law which should be complied with at the date of
the publication of such resolution are not substantially complied with,
and an action, suit or proceeding contesting such validity is commenced within
twenty days after the date of such publication, or
(c) such obligations are authorized in violation of the provisions of the
constitution.
Introduced: October 4, 1994
LAID ON THE TABLE.
No. 194
By: Mr. Collins
Bond Resolution
$150,000 Bonds
Reconstruction of Various Library Buildings
Account 200-402-053
Bond Resolution of the City of Buffalo, New York, authorizing
the issuance of $150,000 General Improvement Bonds of said City, to finance the
cost of the partial reconstruction of various library buildings in the City, at
the estimated maximum cost of $150,000.
The Common Council of the City of Buffalo, in the County of Erie, New
York, hereby resolves (by the favorable vote of not less than two-thirds of all
the members of said Common Council) as follows:
Section 1. The Comptroller of the City of Buffalo, in the County of Erie,
New York (herein called "City"), is hereby authorized and directed to issue
General Improvement Bonds of said City in the principal amount of One Hundred
Fifty Thousand Dollars ($150,000), 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 and modernization of various branch library
buildings in the City, including handicapped access improvements at the
Fairfield Branch. 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 to the financing
thereof, is $150,000 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 Department of Public Works, Division of Buildings, "Improvements to Various
Libraries, 1994-95," Bond Authorization Account No. 200-402-053, 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 $150,000. 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) Said buildings are of at least Class "B" construction as defined by
Subdivision 11.00 a. 11(b) of the Law and the period of probable usefulness
applicable to said 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) (2) of the Local Finance Law, is fifteen (15) years.
(b) Current funds are not required by the Law to be provided as a down
payment prior to the issuance of the bonds authorized by this resolution or any
bond anticipation notes issued in anticipation thereof in accordance with
Section 107.00 d. 9 of the Law.
Section 5. Each of the bonds authorized by this resolution and any bond
anticipation notes issued in anticipation of the sale of said bonds and the
renewals of said notes shall contain the recital of validity as prescribed by
Section 52.00 of the Local Finance Law. Said bonds and said notes shall be
general obligations of the City of Buffalo payable as to both principal and
interest by general tax upon all the taxable real property within said City
without limitation as to rate or amount. The faith and credit of said City are
hereby irrevocably pledged to the punctual payment of the principal of and
interest on said bonds and said notes. Provision shall be made annually by
appropriation by said City for the payment of interest on and for the amounts
required for the amortization and redemption of said bonds and said notes.
Section 6. The validity of the bonds authorized by this resolution, or
any bond anticipation notes issued in anticipation of the sale of said bonds,
may be contested only if:
(a) such obligations are authorized for an object or purpose for which the
City of Buffalo is not authorized to expend money, or
(b) the provisions of law which should be complied with at the date of the
publication of such resolution are not substantially complied with,
and an action, suit or proceeding contesting such validity is commenced within
twenty days after the date of such publication, or
(c) such obligations are authorized in violation of the provisions of the
constitution.
Introduced: October 4, 1994
LAID ON THE TABLE.
No. 195
By: Mr. Collins
Bond Resolution
$155,000 Bonds
Reconstruction of KIeinhans Music Hall
Account 200-A02-056
Bond Resolution of the City of Buffalo, New York, authorizing
the issuance of $155,000 General Improvement Bonds of said City, to finance the
cost of the partial reconstruction of Kleinhans Music Hall, in the City, at the
estimated maximum cost of $155,000.
The Common Council of the City of Buffalo, in the County of Erie, New
York, hereby resolves (by the favorable vote of not less than two-thirds of all
the members of said Common Council) as follows:
Section 1. The Comptroller of the City of Buffalo, in the County of Erie,
New York (herein called "City"), is hereby authorized and directed to issue
General Improvement Bonds of said City in the principal amount of One Hundred
Fifty-Five Thousand Dollars ($155,000), 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 KIeinhans Music Hall, in the City. The
estimated maximum cost of said specific object or purpose for which the bonds
authorized by this resolution are to be issued, including preliminary costs and
costs incidental thereto and to the financing thereof, is $155,000 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 Department of Public Works, Division of Buildings, "Restoration of
Kleinhans Music Hall, 1994-95," Bond Authorization Account No. 200-A02-056, 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 $155,000. 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) Said building is of at least Class "B" construction as defined by
Subdivision 11.00 a. 11(b) of the Law and the period of probable usefulness
applicable to said specific object or purpose for which the bonds authorized by
this resolution are to be issued, within the limitations of Section 11.00 a. 12
(a) (2) of the Local Finance Law, is fifteen (15) years.
(b) Current funds are not required by the Law to be provided as a down
payment prior to the issuance of the bonds authorized by this resolution or any
bond anticipation notes issued in anticipation thereof in accordance with
Section 107.00 d. 9 of the Law.
Section 5. Each of the bonds authorized by this resolution and any bond
anticipation notes issued in anticipation of the sale of said bonds and the
renewals of said notes shall contain the recital of validity as prescribed by
Section 52.00 of the Local Finance Law. Said bonds and said notes shall be
general obligations of the City of Buffalo payable as to both principal and
interest by general tax upon all the taxable real property within said City
without limitation as to rate or amount. The faith and credit of said City are
hereby irrevocably pledged to the punctual payment of the principal of and
interest on said bonds and said notes. Provision shall be made annually by
appropriation by said City for the payment of interest on and for the amounts
required for the amortization and redemption of said bonds and said notes.
Section 6. The validity of the bonds authorized by this resolution, or
any bond anticipation notes issued in anticipation of the sale of said bonds,
may be contested only if:
(a) such obligations are authorized for an object or purpose for which the
City of Buffalo is not authorized to expend money, or
(b) the provisions of law which should be complied with at the date of the
publication of such resolution are not substantially complied with,
and an action, suit or proceeding contesting such validity is commenced within
twenty days after the date of such publication, or
(c) such obligations are authorized in violation of the provisions of the
constitution.
Introduced: October 4, 1994
LAID ON THE TABLE.
No. 196
By: Mr. Collins
Bond Resolution
$250,000 Bonds
Carnevale Center Community Building Reconstruction
Account 200-402-085
Bond Resolution of the City of Buffalo, New York, authorizing
the issuance of $250,000 General Improvement Bonds of said City, to finance the
cost of the partial reconstruction of the Carnevale Center community building,
in the City, at the estimated maximum 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 (herein called "City"), is hereby authorized and directed to issue
General Improvement 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
the partial reconstruction of the Carnevale Center community building, in the
City, including reconstruction of the collapsed facade, restoration of interior
finishes and improvements to heating and plumbing systems. The estimated
maximum cost of said specific object or purpose for which the bonds authorized
by this resolution are to be issued, including preliminary costs and costs
incidental thereto and to the financing thereof, is Two Hundred Fifty Thousand
Dollars ($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 Department of Public Works, Division of Buildings, "Reconstruction of
Richard Carnevale Center, 1994-95", Bond Authorization Account No. 200-402-085,
and shall be used for the purpose specified in Section 1 of this resolution.
Section 3. The City intends to finance, on an interim basis, the costs or
a portion of the costs of said improvements for which bonds are herein
authorized, which costs are reasonably expected to be incurred by the City,
pursuant to this Bond Resolution, in the maximum amount of $250,000. This
resolution is a declaration of Official Intent adopted pursuant to the
requirements of Treasury Regulation Section 1. 150-2.
Section 4. The following additional matters are hereby determined and
stated:
(a) Said building is of at least Class "B" construction, as defined by
Section 11.00 a. 11(b) of the Law and the period of probable usefulness
applicable to the specific object or purpose for which the bonds authorized by
this resolution are to be issued, within the limitations of Section 11.00 a.
12(a)(2) of the Local Finance Law, is fifteen (15) years.
(b) Current funds are not required by the Law to be provided as a down
payment prior to the issuance of the bonds authorized by this resolution or any
bond anticipation notes issued in anticipation thereof in accordance with
Section 107.00 d. 9. of the Law.
Section 5. Each of the bonds authorized by this resolution and any bond
anticipation notes issued in anticipation of the sale of said bonds and the
renewals of said notes shall contain the recital of validity as prescribed by
Section 52.00 of the Local Finance Law. Said bonds and said notes shall be
general obligations of the City of Buffalo payable as to both principal and
interest by a general tax upon all the taxable real property within said City
without limitation as to rate or amount. The faith and credit of said City are
hereby irrevocably pledged to the punctual payment of the principal of and
interest on said bonds and said notes. Provision shall be made annually by
appropriation by said City for the payment of interest on and for the amounts
required for the amortization and redemption of said bonds and said notes.
Section 6. The validity of the bonds authorized by this resolution, or
any bond anticipation notes issued in anticipation of the sale of said bonds,
may be contested only if:
(a) such obligations are authorized for an object or purpose for which the
City of: Buffalo is not authorized to expend money, or
(b) the provisions of law which should be complied with at the date of the
publication of such resolution are not substantially complied with,
and an action, suit or proceeding contesting such validity is commenced within
twenty days after the date of such publication, or
(c) such obligations are authorized in violation of the provisions of the
constitution.
Introduced: October 4, 1994
LAID ON THE TABLE.
No. 197
By: Mr. Collins
Bond Resolution
$450,000 Bonds
Reconstruction of Historical Society Building
Account 200-402-060
Bond Resolution of the City of Buffalo, New York, authorizing
the issuance of $450,000 General Improvement Bonds of said City and the
application of $260,000 expected to be received from the United States of
America or the State of New York, to finance the cost of the partial
reconstruction of the Historical Society Building, in the City, at the
estimated maximum cost of $710,000.
The Common Council of the City of Buffalo, in the County of Erie, New
York, hereby resolves (by the favorable vote of not less than two-thirds of all
the members of said Common Council) as follows:
Section 1. The Comptroller of the City of Buffalo, in the County of Erie,
New York (herein called "City"), is hereby authorized and directed to issue
General Improvement Bonds of said City in the principal amount of Four Hundred
Fifty Thousand Dollars ($450,000), 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"), and to apply $260,000
grant funds expected to be received from the United States of America or the
State of New York, to finance the cost of the partial reconstruction of the
Historical Society Building, in the City, including reconstruction or
installation of roofs, walls, pavement, retaining walls, stairs and gallery
space; improvements to moisture control, mechanical and electrical systems; and
the purchase of original furnishings, equipment, machinery and apparatus
required for the purpose for which said building is to be used. The estimated
maximum cost of said specific object or purpose for which the bonds authorized
by this resolution are to be issued, including preliminary costs and costs
incidental thereto and to the financing thereof, is $710,000 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, and any grant funds received, shall be deposited in the Capital
Projects Fund to the credit of the Department of Public Works, Division of
Buildings, "Reconstruction of Historical Society Building, 1994-95," Bond
Authorization Account No. 200-402-060, 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 $450,000. 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) Said building is of at least Class "B" construction as defined by
Subdivision 11.00 a. 11(b) of the Law and the period of probable usefulness
applicable to said specific object or purpose for which the bonds authorized by
this resolution are to be issued, within the limitations of Section 11.00 a. 12
(a) (2) of the Local Finance Law, is fifteen (15) years.
(b) Current funds are not required by the Law to be provided as a down
payment prior to the issuance of the bonds authorized by this resolution or any
bond anticipation notes issued in anticipation thereof in accordance with
Section 107.00 d. 9 of the Law.
Section 5. Each of the bonds authorized by this resolution and any bond
anticipation notes issued in anticipation of the sale of said bonds and the
renewals of said notes shall contain the recital of validity as prescribed by
Section 52.00 of the Local Finance Law. Said bonds and said notes shall be
general obligations of the City of Buffalo payable as to both principal and
interest by general tax upon all the taxable real property within said City
without limitation as to rate or amount. The faith and credit of said City are
hereby irrevocably pledged to the punctual payment of the principal of and
interest on said bonds and said notes. Provision shall be made annually by
appropriation by said City for the payment of interest on and for the amounts
required for the amortization and redemption of said bonds and said notes.
Section 6. The validity of the bonds authorized by this resolution, or
any bond anticipation notes issued in anticipation of the sale of said bonds,
may be contested only if:
(a) such obligations are authorized for an object or purpose for which the
City of Buffalo is not authorized to expend money, or
(b) the provisions of law which should be complied with at the date of the
publication of such resolution are not substantially complied with,
and an action, suit or proceeding contesting such validity is commenced within
twenty days after the date of such publication, or
(c) such obligations are authorized in violation of the provisions of the
constitution.
Introduced: October 4, 1994
LAID ON THE TABLE.
No. 198
By: Mr. Collins
Bond Resolution
$500,000 Bonds
Reconstruction of Shea's Buffalo Theater
Account 200-402-052
Bond Resolution of the City of Buffalo, New York, authorizing
the issuance of $500,000 General Improvement Bonds of said City, to finance the
cost of the partial reconstruction of Shea's Buffalo Theater Marquee, in the
City, at the estimated maximum cost of $500,000.
The Common Council of the City of Buffalo, in the County of Erie, New
York, hereby resolves (by the favorable vote of not less than two-thirds of all
the members of said Common Council) as follows:
Section 1. The Comptroller of the City of Buffalo, in the County of Erie,
New York (herein called "City"), is hereby authorized and directed to issue
General Improvement Bonds of said City in the principal amount of Five Hundred
Thousand Dollars ($500,000), 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 Shea's Buffalo Theater, including roof, fire escape and
parapet wall reconstruction, window replacements and marquee and masonry
restoration. The estimated maximum cost of said specific object or purpose for
which the bonds authorized by this resolution are to be issued, including
preliminary costs and costs incidental thereto and to the financing thereof, is
$500,000 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 Department of Public Works, Division of Buildings, "Reconstruction of
Shea's Roof & Facade, 1994-95," Bond Authorization Account No. 200-402-052, 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 $500,000. 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) Said building is of at least Class "B" construction as defined by
Subdivision 11.00 a. 11(b) of the Law and the period of probable usefulness
applicable to said specific object or purpose for which the bonds authorized by
this resolution are to be issued, within the limitations of Section 11.00 a 12
(a) (2) of the Local Finance Law, is fifteen (15) years.
(b) Current funds are not required by the Law to be provided as a down
payment prior to the issuance of the bonds authorized by this resolution or any
bond anticipation notes issued in anticipation thereof in accordance with
Section 107.00 d. 9 of the Law.
Section 5. Each of the bonds authorized by this resolution and any bond
anticipation notes issued in anticipation of the sale of said bonds and the
renewals of said notes shall contain the recital of validity as prescribed by
Section 52.00 of the Local Finance Law. Said bonds and said notes shall be
general obligations of the City of Buffalo payable as to both principal and
interest by general tax upon all the taxable real property within said City
without limitation as to rate or amount. The faith and credit of said City are
hereby irrevocably pledged to the punctual payment of the principal of and
interest on said bonds and said notes. Provision shall be made annually by
appropriation by said City for the payment of interest on and for the amounts
required for the amortization and redemption of said bonds and said notes.
Section 6. The validity of the bonds authorized by this resolution, or
any bond anticipation notes issued in anticipation of the sale of said bonds,
may be contested only if:
(a) such obligations are authorized for an object or purpose for which the
City of Buffalo is not authorized to expend money, or
(b) the provisions of law which should be complied with at the date of the
publication of such resolution are not substantially complied with,
and an action, suit or proceeding contesting such validity is commenced within
twenty days after the date of such publication, or
(c) such obligations are authorized in violation of the provisions of the
constitution.
Introduced: October 4, 1994
LAID ON THE TABLE.
No. 199
By: Mr. Collins
Parking on Woodlawn
between Michigan and Masten
Whereas: On the south side of Woodlawn Avenue, and Masten, parking
is only allowed on Monday, Tuesday, and Wednesday; and
Whereas: No parking at all is permitted on weekdays on the north side of
Woodlawn between Michigan and Masten; and
Whereas: Buffalo Traditional School is located on the north side of Woodlawn
between Michigan and Masten, making parking restrictions necessary to enable
school buses to pick up and drop off students; and
Whereas: Because of the parking restrictions, the residents of Woodlawn Ave.
across the school have no easily accessible area to park their cars on Thursday
and Friday, when parking is not permitted on either side of the street; and
Whereas: The entire length of Woodlawn adjacent to Buffalo Traditional
School is not needed for buses, so allowing parking on one half of the block on
Thursday and Friday would seem to be a logical compromise to the parking
problem; and
Whereas: The Mayor's impact Team, which is comprised of representatives from
various departments including Streets, Public Works, Community Development,
inspections, and others, and is charged with assessing conditions around
schools, has reviewed the parking situation around Buffalo Traditional and has
proposed the above-mentioned compromise;
Now, therefore, be it resolved:
That this Common Council request that the Department of Public Works,
Division of Traffic Engineering, prepare the appropriate amendment to Chapter
479 of the Ordinances to provide additional on-street parking on Woodlawn
Avenue between Michigan and Masten; and
Be it further resolved:
That the Commissioner of Public Works file a response with this Council
in time for its next stated meeting to be held on October 18, 1994.
ADOPTED.
No. 200
By: Mr. Collins
Ordinance Amendment
Chapter 175 - Fees
The Common Council of the City of Buffalo does hereby ordain as
follows:
That Chapter 491 of Chapter 175 - Fees, of the Code of the City of
Buffalo, be amended to read as follows:
Chapter 491, Water and Water Pollution
S491-7, plumbing license
[Deposit] Exam fee $210.00
Annual license $131.25
Annual renewal $131.25
APPROVED AS TO FORM
Edward D. Peace
Corporation Counsel
NOTE: Matter in brackets [ ] to be deleted; matter underlined is new.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 201
By: Mr. Collins
Ordinance Amendment
Chapter 491, Section 491-7
Water and Water Pollution
The Common Council of the City of Buffalo does hereby ordain as
follows:
That subsection (A) of S 491-7 of Chapter 491 be amended to read as
follows:
S 491-7. License fees.
A. Upon making application for a plumbing license, the applicant shall
[deposit with) remit to the Director of Licenses and Permits the sum as
provided in Chapter 175, Fees, and file with the Examining Board of Plumbers a
receipt of the Director of Licenses and Permits showing that such sum has been
so [deposited) remitted. If, thereafter, upon the recommendation of the Board,
a license shall be issued to such applicant, he shall pay to the Director of
Licenses a fee as provided in Chapter 175, Fees.
The annual renewal fee after the first, issued to the same person, shall
be as provided in Chapter 175, Fees.
APPROVED AS TO FORM
Edward D. Peace
Corporation Counsel
NOTE: Matter in brackets [ ) to be deleted; matter underlined is new.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 202
By: Mr. Collins
Re: Ordinance Amendment
The Common Council of the City of Buffalo does hereby ordain as
follows:
That Chapter 75-18 of Chapter 175, Fees, of the Code of the City of
Buffalo be amended to read as follows:
75-18, coin-controlled amusement device fee and arcade license
[Per location] Per device [$141.75]
one device $ 47.25
two devices $ 94.50
three devices $141.75
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 D. Peace
Corporation Counsel
NOTE: Matter in brackets [ ] to be deleted; matter underlined is new.
PASSED.
AYES- 13 NOES- 0.
No. 203
By: Mr. Collins
Authorize 50% Compromise for
Purchase of 1415 Fillmore Avenue
Whereas: Community Springboard, Inc., a community based not-for-profit
organization, has approached this Common Council with a request to purchase a
city-owned property at 1415 Fillmore Avenue (Item 84, C.C.P. April 5, 1994);
and
Whereas: The Council through Item #107, C.C.P. May 3, 1994 authorized the
Comptroller to negotiate a private sale with Community Springboard, Inc. for
said property; and
Whereas: Based on an appraisal, the Comptroller's Division of Real Estate is
seeking twelve thousand five hundred dollars ($12,500) for the property, a
price which presents a financial problem for Community Springboard, Inc.; and
Whereas: Although Community Springboard, Inc. has received a State grant and
is conducting a fund drive for the property at 1415 Fillmore Avenue, it can not
afford to purchase this property with the funds available to the organization
and still be able to perform necessary renovation; and
Whereas: A compromise of fifty percent (50%) on the purchase price would be
beneficial to the not-for-profit agency allowing it to use some of the money it
raised to complete building improvements;
Now, Therefore, Be It Resolved:
That the Common Council authorize the Comptroller to accept from
Community Springboard, Inc. a compromise purchase price of six thousand two
hundred fifty dollars ($6, 250) for the city owned property at 1415 Fillmore
Avenue.
REFERRED TO THE COMMITTEE ON FINANCE, THE COMPTROLLER AND THE CORPORATION
COUNSEL.
No. 204
By: Mr. Collins
Memorialize New York State Legislature Senate Bill 51663A Assembly
Bill A696A Freedom of Access to Health Care
Whereas: There has been introduced in the New York State Legislature
Senate Bill 51633A and Assembly Bill A696A , "an act to amend the insurance
law, in relation to health insurance coverage and to eligibility for employee
benefits provided by employee welfare funds"; and
Whereas: Passage of this bill will insure equal access to managed care
plans; and
Whereas: The bill also gives customers the freedom to select the pharmacy of
their choice enabling independently owned pharmacies to remain viable and
competitive in today's market.
Now Therefore Be it Resolved:
That the City of Buffalo hereby requests the enactment into law of Senate
Bill 51633A and Assembly Bill A696A, "an Act to amend the insurance law, in
relation to health insurance coverage and to eligibility for employee benefits
provided by employee welfare funds''; and
Be it Further Resolved That:
The City Clerk is hereby authorized and directed to certify passage of
this resolution and to send copies thereof to the members of the Western New
York Delegation of the State Legislature, the Secretary of the Senate and the
Clerk of the Assembly.
ADOPTED.
No. 205
By: Mr. Coppola
Request information from State Assessment Office
Whereas: The Common Council Finance Committee has recently deliberated
over several Certiorari Proceedings involving real estate in the downtown area;
and
Whereas: It would be helpful to this body when dealing with future
Certiorari Proceedings to have New York State's Assessment Office provide their
current figures for real estate in the downtown area for purposes of
comparison.
Now therefore be it resolved that
The City Clerk send a certified copy of this resolution to New York
State's Assessment Office requesting that they file with the City Clerk's
office the current assessment for real estate in the downtown area for the
purposes of comparison when deliberating future Certiorari Proceedings.
ADOPTED.
No. 206
By: Mr. Coppola
Restaurant Licensing
Whereas: The City of Buffalo requires all restaurant owners to
pay a yearly fee for a license to serve food in the City of Buffalo; and
Whereas: While the City Code lists several sections dealing with health and
sanitary matters, the City does not perform this kind of inspection as the Erie
County Health Department has jurisdiction over these matters; and
Whereas: Restaurant owners in the City are licensed by Erie County and have
regular inspections; therefore, it appears that the City licensing is a
duplication for fee purposes only.
Now therefore be it resolved that
This Common Council requests that the Director of Licenses, and
Commissioners of Public Works and Administration and Finance respond by
explaining why the City of Buffalo requires all restaurant owners to pay a
yearly fee for a license when, in fact, they receive nothing for that fee.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE COMMISSIONER OF PUBLIC WORKS AND
THE COMMISSIONER OF ADMINISTRATION AND FINANCE.
No. 207
By: Mr. Coppola
Permits for Home Improvements
Whereas: The City of Buffalo requires permits for any home improvements
or construction worth $500 or more; and
Whereas: In recent years, the Department of Assessment has followed a policy
of increasing property assessments for those seeking permits whether the work
was necessary for basic maintenance or increasing the value of said property;
and
Whereas: Many property owners feel their efforts to improve their property
will go towards higher taxes; therefore, they do not seek the proper permits,
which actually protects them by assuring proper work by contractors; and
Whereas: To encourage property owners to go through the permit process, it
would benefit everyone involved if the holder of the permit is not penalized by
adding onto their assessment thus increasing their tax burden, and by only
increasing the assessment when the property is sold.
Now therefore be it resolved that this Common Council requests that the
Commissioner of Assessment provide this body with the current policy regarding
assessing property owners after seeking permits for home improvements or
construction projects.
REFERRED TO THE COMMITTEE ON LEGISLATION AND THE COMMISSIONER OF ASSESSMENT.
No. 208
By: Mr. Coppola
Internal Audits of City Departments and Divisions
Whereas: Current findings in the office of the City Clerk have
revealed apparent thefts of monies in the issuance of birth, death, and
marriage certificates totaling over $200,000; and
Whereas: The most recent reports of audits filed with this Council covering
the above cash receipts are found in Common Council proceedings of May 22,
1990, item No. 13 for the Division of Vital Statistics and September 3, 1991,
item No. 31, for the City Clerk's Office; and
Whereas: The City Charter mandates that the Comptroller shall "keep, audit
and state all accounts the city is interested ... examine, audit and settle the
accounts of all officers, departments, boards, courts, commissions and other
agencies of the city ... examine and audit the accrual and collection of all
revenues and receipts ... and, prescribe such methods of accounting as are
necessary for the performance of the foregoing duties"
Now therefore be it resolved that
This Common Council requests that the Comptroller file with the City
Clerk a detailed list of audits performed of all city departments, divisions,
officers, boards, courts, commissions and other agencies covering the fiscal
years 1988-89 through 1993-94 and include the number of audit staff and
man-hours utilized for each audit report; and
Be it further resolved that
This honorable body also requests that the Comptroller file a detailed
list of audits to be conducted of all city departments, divisions, officers,
boards, courts, commissions and other agencies for the current fiscal year
1994-95; and
Be it finally resolved that
This Common Council requests that the Comptroller appear at the next
Finance Committee meeting to discuss the above matters and to further explain
why there appears to be an absence of periodic and timely audits conducted of
birth, death, and marriage certificates which could have uncovered and/or
provided a deterrent to the recent thefts of revenues and receipts.
ADOPTED.
No. 209
By: Mr. Czajka
Accounting System for Parking Meters - Neighborhood Business Districts
Whereas: A proposal to install parking meters in a business district
in South Buffalo was recently denied by this Common Council; and
Whereas: There are indications that the South Buffalo area as well as other
neighborhood business districts will be targeted for new or additional parking
meters, and questions remain as to whether there is any need for parking meters
in these or some other areas of the city; and
Whereas: Parking meters serve two primary functions:
1. They are needed to control short term parking and allow for quick
turnover of parking spaces;
2. They produce revenue; and
Whereas: In downtown Buffalo, many motorists use parking meters for short
stays at office or government buildings, restaurants, and retail
establishments, and therefore turnover of parking is essential and constant.
Accordingly, revenue from downtown meters should be significant; and
Whereas: Many neighborhood business districts have free community parking,
and meters in these areas are for the most part ignored, compounding the
negative impact on meters as revenue generators; and
Whereas: Meters in most neighborhood business districts are not needed in
the same manner as in downtown Buffalo where parking is at a premium, and
accordingly, revenue from some of these areas is probably insignificant; and
Whereas: Before installation of new meters is proposed, a report of the
factors describing the lack of short-term parking in the area or the need to
create quicker turn-over of parking spaces must be presented to justify the
placement of new meters; and
Whereas: Likewise, before any additional meters are proposed for
installation, an accounting of the revenue produced at meters in secondary
business districts should be done in order to determine whether existing meters
are justified economically and whether others would be economically feasible;
and
Whereas: Considering that installation costs the city of Buffalo four
hundred dollars ($400.00) per meter, a system of accounting which tracks
revenue from each of the city's three thousand (3,000) meters is warranted; and
Whereas: This accounting system should either track the revenue from
individual meters or track the revenue from a group of meters on a particular
block or street, especially in secondary business districts, to determine
whether the city's investment is being realized.
Now, Therefore, Be It Resolved:
That the Common Counsel request that the Department of Administration and
Finance, Division of Parking Enforcement submit a report explaining its process
for determining the feasibility for proposing installation of new parking
meters; and
Be It Further Resolved:
That the Division of Parking Enforcement, in conjunction with the
Division of the Treasury, submit a report of the revenue collected in each of
the secondary business districts, broken down on a street by street basis; and
Be It Finally Resolved:
That if there is not a system for determining revenue from meters on an
individual or group basis, then the Division of Parking Enforcement and the
Division of the Treasury be requested to work with the Division of Data
Processing to develop an accounting system which would track the revenue
generated by meters in both the downtown central business district and the
various neighborhood business districts.
REFERRED TO THE COMMITTEE ON LEGISLATION AND THE COMMISSIONER OF ADMINISTRATION
AND FINANCE.
No. 210
By: Mr. Franczyk
Payment of Certain Small Claims
Whereas, the Common Council, by Item No. 184, C.C.P., June 26,
1979, established a specific procedure for payment of claims of $100.00 or less
and Claims under Section 207 (a) and (c) of the General Municipal Law, which
pertain to medical bills of Policemen and Firemen in any amount; and
Whereas, the subject claims are eligible for consideration under the said
procedure; and
Whereas, the Department of Law has verified the validity of the claims
and recommend payment thereof;
Now Therefore, Be It Resolved:
That the Comptroller be, and hereby is authorized to make payment of the
following claims, and that said payment be charged against the "Judgment and
Claims Account" in the Department of Law:
1. Buffalo Rehab Group, P.T., P.C.
Claim for payment of a prior fiscal year invoice for services rendered to
Police Officer Kimberly Miller who injured her knee in an automobile accident
on September 24, 1992 and required medical treatment on December 10, 1993. The
officer has returned to duty.
$ 40.77
2. Thomas Burvid
Claim for payment of clothing allowance from prior fiscal year 1993 to Mr.
Burvid, an employee of the Department of Street Sanitation. He was on
compensation at the time of issuance for clothing allowance. He did work most
of the 1993 year. This has been confirmed by the Commissioner of Street
Sanitation. $ 50.00
3. Cardiology Group OF W.N.Y., P.C.
Claim for prior fiscal year invoice for services rendered to Police Officer
Antonio Manzella who had a heart attack on October 19, 1992 and required
medical treatment on November 4, 1993. The officer has returned to duty.
$ 42.00
4. Vincent S. Cotroneo, M.D., P.C.
Claim for prior fiscal year invoice for services rendered to Police Officer
Deborah Mulhern who injured her head and neck in an automobile accident on
September 8, 1989 and required medical treatment on December 9, 1993. The
officer has not returned to duty. $
24.88
5. Robert Gary
Claim for payment of one day's pay to a Laborer II in the Department of Street
Sanitation. On June 15, 1994, which is in a prior fiscal year, Mr. Gary was out
of work and marked absent without leave. It has been determined that his
absence from work was due to a family medical emergency. Mr. Gary's Supervisor
and Local Union #264 requested that this day be reimbursed and that he be given
a sick day. The Commissioner of Street Sanitation has verified this request.
$ 89.62
6. Health Care Plan
Claim for payment of three (3) prior fiscal year invoices for services rendered
to former Police Officer Michael Andrews who fell to the floor off a chair
injuring his head, neck and back on August 18, 1988. The invoices are for
treatment on 6/7/93, 7/26/93 and 8/11/93. Mr. Andrews is no longer with the
department. $ 46.08
7. Jerome V. Jakubiak, M.D.
Claim for payment of a prior fiscal year invoice for services rendered to
Police Officer Carl Bartkowiak who suffered chest pains in the line of duty and
required medical treatment on 7/6/93 and 10/15/93. The officer has returned to
duty. $ 66.00
8. Thomas A. Lombardo Jr., M.D.
Claim for payment of a prior fiscal year invoice for services rendered to
Police Officer Charles Cala who injured his knee and lower leg in the line of
duty on July 11, 1993 and required medical treatment on August 17, 1993. The
officer has returned to duty.
$ 35.77
9. 2121 Main Street Pharmacy
Claim for payment of a prior fiscal year invoice for services rendered to
Police Officer Raymond Zabron who injured his neck and back in an automobile
accident on November 10, 1993 and required medical treatment on December 8,
1993. $ 36.20
10. Medtronic Inc.
Claim for payment of a prior fiscal year invoice for services rendered to
Police Officer Lori Mourgas who injured her left knee, elbow and neck and broke
her foot in the line of duty and required medical treatment on August 3, 1992.
The officer is receiving a disability pension.
$ 25.06
11. Brian Parisi Copier Services
Claim for payment of prior fiscal year Invoices #7363 and #7364 of January 31,
1994 for services rendered to the Police Department on 1/5/94 and 1/7/94 to
replace parts, clean and adjust their copier.
$ 37.55
12. Raymond Rott
Claim for eyeglass frames broken in the line of duty in the Fire Department.
$ 53.00
13. Sisters Diagnostic Imaging Associates
Claim for payment of a prior fiscal year invoice for services rendered to
Police Officer Joseph Rodriguez who injured his right hand and right knee
subduing a suspect on May 23, 1992 and required medical treatment. The officer
has returned to duty. $25.54
14. Sutherland's
Claim for payment of prior fiscal year Invoices #331038 and #331462 for
services rendered to the Police Department on June 7, 1994. The Department has
no record of order being processed. Items were ordered after cut off date and
were needed for new payroll system. $ 96.06
15. Daniel Tattenbaum
Claim for prior fiscal year two (2) hours overtime pay per Arbitration
Grievance decision No. CB-07-94 of March 1994 for an employee of the Department
of Street Sanitation. $ 34.16
16. Nathaniel C. Webster, M.D.
Claim for payment of a prior fiscal year invoice for services rendered to
Police Officer Anthony Thompson who injured his right shoulder and lower back
in an automobile accident on November 4, 1992 and required medical treatment on
June 15, 1993. $ 25.21
Investigation by the Department of Law reveals that the above claims are
valid and payment is hereby recommended.
PASSED.
AYES- 13 NOES- 0.
No. 211
By: Mr. Franczyk
Re: Theft of Money Operation Of Vital Statistics
Whereas: The City of Buffalo's Assistant Registrar of Vital Statistics
recently resigned his position and turned over to police suitcases containing
more than $200,000 in cash that was stolen from city coffers; and
Whereas: The Erie County District Attorney is investigating the affair, and
the City Comptroller is conducting an audit to determine the amount of money
stolen and the time period involved; and
Whereas: The City Clerk, who is now also the Director of Vital Statistics,
and the City Comptroller have stated that they are undertaking reforms to
ensure that this type of problem does not occur in the future; and
Whereas: This incident has also raised concerns by some that the current
decentralized system of maintaining birth and death records is open to such
abuse, and that a countywide vital statistics offices should be established
consolidating all 44 vital statistics offices in Erie County;
Whereas: What is important at this point is to ensure that mechanisms will
be in place that will discourage such theft and readily detect when abuses are
occurring;
Now, Therefore Be It Resolved:
That the Comptroller and Director of Vital Statistics be requested to
file a report detailing what specific policies have been implemented to prevent
any more thefts from the Division of Vital Statistics; and
Be It Further Resolved:
That the Comptroller and Director of Vital Statistics also be requested
to report on whether a consolidation of vital statistics off ices in the county
would be more effective, efficient and convenient than the present system; and
Be it Further Resolved:
That the Comptroller be requested to also report on what measures have
been taken to safeguard against thefts in all city divisions that accept
monetary payments, and to more aggressively monitor revenue-producing
divisions.
ADOPTED.
No. 212
By: Mr. Helfer
Appointment of Secretary to the Minority Leader
I hereby appoint Wendy B. Clubine, 100 Parkside Court, Buffalo,
New York, to the position of Secretary to the Minority Leader, effective
Tuesday, October 4, 1994.
ADOPTED.
No. 213
By: Mr. Helfer
Safety of City-owned Properties
Whereas: The City of Buffalo and the Buffalo Urban Renewal Agency
own many buildings and parcels of land in the City of Buffalo; and
Whereas: Examples of City owned buildings include various community centers
as well as houses foreclosed upon by the city; and
Whereas: Recently the Claims Committee approved the settlements of two
personal injury lawsuits with substantial liability to the City; and
Whereas: The City as a self-insured entity should take all precautions
necessary to ensure that people are not injured and/or killed due to unsafe
buildings; and
Whereas: The potential tragedies which can result from unsafe buildings is
troublesome; and
Whereas: Our fiscally troubled City cannot afford to pay substantial
monetary damages as result of unsafe buildings; and
Now therefore be it resolved that:
The Department of Inspections and Community Revitalization, the Division
of Real Estate, BURA and the Department of Assessment create an inventory of
all their properties and submit it to the Division of Housing and Property
Inspections.
Be it further resolved that:
The Division of Housing and Property Inspections inspect each property
and determine whether the properties are safe or are in need of repair;
Be it further resolved that:
These Departments report to this Council a time frame in which the lists
and inspections will be completed;
Be it finally resolved that:
The various Departments establish a policy for securing and repairing
city owned structures that are determined to be unsafe, and submit said policy
to this council.
REFEREED TO THE COMMITTEE ON LEGISLATION, THE COMPTROLLER, THE COMMISSIONER OF
ASSESSMENT, THE COMMISSIONER OF INSPECTIONS AND COMMUNITY REVITALIZATION AND
THE BUFFALO URBAN RENEWAL AGENCY.
No. 214
By: Mr. Helfer
Grant to Purchase Packers
Whereas: The Department of Public Works has requested permission
to engage a consultant to provide a comprehensive recycling analysis and solid
waste management plan; and
Whereas: Commissioner Joseph Giambra reported that once the consultant
starts the study, a grant in the amount of $3.5 million will be available to
purchase 60/40 packers; and
Whereas: This Common Council approved funding for thirteen (13) 60/40
packers in this fiscal year; and
Whereas: It was the understanding of this Council that, after using the
thirteen (13) 60/40 packers for a period of time, the Commissioner of the
Streets and Sanitation Department would evaluate the performance of the trucks
and determine if they are the appropriate truck for our city.
Now therefore be it resolved that:
This Common Council requests the Commissioner of Public Works to explain
exactly the circumstances and criteria for the grant to purchase packers; and
Be it further resolved that:
This Common Council would like the following questions answered by the
Departments of Public Works, Streets and Sanitation and Administration and
Finance. Have we applied and been awarded the grant under the condition that
we will hire a consultant? Will the grant funds be released as soon as the
City engages the consultant? Does the grant specify the purchase of 60/40
packers? Can these funds be used to purchase any other type of truck if it is
discovered the 60/40 packer is not the best truck for the City of Buffalo? Can
the grant replace the money put in the 1994-1995 budget and allow for other use
of the budgeted money?
REFERRED TO THE COMMITTEE ON FINANCE, THE COMMISSIONER OF PUBLIC WORKS, THE
COMMISSIONER OF STREET SANITATION AND THE COMMISSIONER OF ADMINISTRATION AND
FINANCE.
No. 215
By: Mr. Helfer
Emergency Demolition Process
Whereas: This Common Council has the responsibility to approve
various payments to demolition contractors for same-day emergency demolitions
of properties deemed to be unsafe; and
Whereas: The cost of emergency demolitions is three to four times more
expensive than normal demolition bids; and
Whereas: When the Director of Inspections has to canvass his list of
demolition contractors and call them to the site for an emergency demolition
bid only two or three contractors usually appear; and
Whereas: By the normal economic standards of supply and demand, emergency
demolitions are high in demand and contractors are short in supply; and
Whereas: These economic conditions lead to inflated emergency demolition
bids.
Now therefore be it resolved that:
The Department of Inspections and Community Revitalization explore
different approaches to this dilemma, including the feasibility of hiring and
equipping our own crew;
Be it further resolved that:
The Department of Inspections and Community Revitalization explore ways
to encourage more demolition contractors to bid on all demolition contracts,
therefore creating more competition resulting in lower bids;
Be it further resolved that:
The Department of Inspections and Community Revitalization look into the
feasibility of issuing a Request for-Proposal for emergency demolition
contractors based on square footage and awarding this contract to the lowest
bidder for a one year pilot program;
Be it finally resolved that:
The Department of inspections and Community Revitalization conduct an
analysis of the above options, as well as any other options that will make this
process more competitive and cost effective. This analysis will be presented
to this Common Council.
REFERRED TO THE COMMITTEE ON FINANCE, THE COMMISSIONER OF INSPECTIONS AND
COMMUNITY REVITALIZATION AND THE COMMISSIONER OF ADMINISTRATION AND FINANCE
No. 216
By: Mr. Helfer
Inventory of Equipment Purchased with Tool and Clothing Allowances
Whereas: Many City of Buffalo employees receive an allowance for
tools, clothing, etc.; and
Whereas: The City Departments have no inventory controls over the equipment
purchased with allowances; and
Now therefore be it resolved that:
This Common Council requests the Department of Administration and Finance
develop an inventory policy for this equipment.
Be it further resolved that:
This Common Council requests the Department of Administration and Finance
submit a directive to the Commissioners from the various Departments whose
employees receive tool, clothing, etc. allowances regarding the inventory
policy.
REFERRED TO THE COMMITTEE ON FINANCE AND THE COMMISSIONER OF ADMINISTRATION AND
FINANCE.
No. 217
By: Mrs. LoTempio
Explore Feasibility of Performing
Demolitions by City Departments
Whereas: The methods, costs, and poor record of reimbursement for
demolition of private dilapidated structures has been a major concern of the
Common Council for many years; and
Whereas: Recently, the number of emergency demolitions to privately owned
structures has skyrocketed causing much debate over the bid process, selection
of contractors, exorbitantly high charges, quality of work, and payments for
work performed on emergency demolitions; and
Whereas: Although money is set aside for demolitions annually in both the
city budget and the Community Development Block Grant Program, collection of
money from property owners for expenses incurred by the city in hiring
contractors to perform demolitions on private property has not been very
successful; and
Whereas: Combining city funds with CDBG funds to purchase equipment, train
employees, and develop a demolition crew under the auspices of the city or BURA
would eliminate the need to hire outside contractors for every demolition
performed on private or public property; and
Whereas: An aggressive and more successful program for collecting demolition
expenses from property owners would serve to feed a revolving demolition fund,
placing less burden on the city and CDBG budgets, and would finance the
continued operation of the demolition squad;
Now, Therefore, Be It Resolved:
That a committee be established with representatives of the Department of
Administration and Finance, the Corporation Counsel, the Division of
Collections, the Department of Inspections and Community Revitalization, the
Department of Community Development, the Department of Public Works, the
Department of Street Sanitation, the Unions, and the Common Council to discuss
the feasibility of establishing a city demolition crew for demolishing both
private and city-owned structures; and
Be It Further Resolved:
That the Department of Administration and Finance, Department of
Inspections and Community Revitalization, and the Division of Collections
prepare and file reports covering the last three fiscal years documenting the
amount of money set aside for demolitions in both the city budget and Community
Development Block Grant Program, the number of emergency and regular
demolitions of privately owned and city-owned structures, the amount expended
on each demolition, and the amount actually recouped, expected to be recouped,
or considered to be uncollectible; and
Be It Finally Resolved:
That the Division of Collections explain the process for recovering
public funds expended on demolitions and project whether a higher percentage of
funds could be recouped with a more aggressive approach for collection.
REFERRED TO THE COMMITTEE ON FINANCE, THE COMPTROLLER, THE COMMISSIONER OF
PUBLIC WORKS, THE COMMISSIONER OF STREET SANITATION, THE COMMISSIONER OF
INSPECTIONS AND COMMUNITY REVITALIZATION, THE COMMISSIONER OF ADMINISTRATION
AND FINANCE AND THE BUFFALO URBAN RENEWAL AGENCY.
No. 218
By: Mrs. LoTempio
Salary Ordinance Amendment
24 - Dept Of Inspections and Community Revitalization
01 - Division of Housing and Property Inspection
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 24-01 Department of Inspections and Community
Revitalization -Division of Housing and Property Inspection, which reads: of:
40 Building Inspector $31,179 - $36,305
is hereby amended to read:
41 Building Inspector $31,179 - $36,305
It is hereby certified, pursuant to Section 34 of the Charter, that the
immediate passage of the foregoing ordinance is necessary.
We, Anthony A. Marconi, Commissioner of Inspections and Community
Revitalization and James B. Milroy, Director of the Budget, hereby certify that
the creation of one (1) Building Inspector 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
will be considering approval and certification of the position title set forth
in the foregoing ordinance as being the appropriate Civil Service title for the
proposed position.
APPROVED AS TO FORM
Edward D. Peace
Corporation Counsel
PASSED.
AYES- 13 NOES- 0.
No. 219
By: Mrs. LoTempio
Salary Ordinance Amendment
50 - Department of Human Resources
4 - Division of Substance Abuse Services
011 - YDA-DACC Narcotic Control Program
012 - BMHA/HUD Substance Abuse Program
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 50-4-011 Division of Substance Abuse Services - YDA-DACC
Narcotic Control Program and 50-4-012, which reads:
011 5 Stenographer $20,639 -$22,951
011 4 Typist 20,215 -22,420
012 1 Typist 20,215 -22,420
012 3 Counselor III 23,309 -26,483
is hereby amended to read:
011 4 Stenographer $20,639-$22,95I
011 5 Typist 20,215 -22,420
012 1 Stenographer 20,639 -22,951
We, Michael V. Smith, Commissioner of Human Resources and James B.
Milroy, Director of the Budget, hereby certify that the transfer of one (1)
Stenographer from 011 to the 012 Function, the transfer of one (1) Typist from
the 012 to the 011 Function and the elimination of three (3) Counselor III
positions is necessary for the proper conduct, administration and performance
of essential services of that department. We recommend that the compensation
for said positions be fixed at the amount set forth in the foregoing ordinance.
APPROVED AS TO FORM.
Edward D. Peace
Corporation Counsel
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
No. 220
By: Mrs. LoTempio
RE: ORDINANCE AMENDMENT
CHAPTER 263-12 - ALARM ORDINANCE
The Common Council of the City of Buffalo does hereby ordain as
follows:
That Chapter 263-12 the Code of the City of Buffalo add Subsection (I)
and (J) to read as follows:
263.12. Alarm devices or systems.
(I) No alarm system or device shall have an automatic dialer feature or
other type of feature which connects automatically to enhanced 911 emergency
telephone system, and there shall be no automatic alarm system with direct
communication of any type to an emergency agency, including the Department of
Fire and the Department of Police, without prior written authorization from the
emergency agency where the alarms terminate.
(J) There are special considerations that must be addressed in providing
fee protection for certain facilities and buildings within the City. At risk
buildings and/or facilities that do not have a direct, immediate, speedy means
of egress during a fee or emergency situation present a danger to the public
health and safety. These facilities, including, hospitals, nursing-care,
elder-care, and handicapped buildings, high rise buildings (more than seven
floors), hotels, schools, theaters, and other such areas of assembly where the
public is at increased risk during a fee or emergency, shall be protected by an
approved, direct, immediate, connection to the City's fire alarm system,
provided that connection can be accommodated by the Fire Department, as
determined by the Superintendent of Fire Alarms or his designee.
In addition, hospitals, nursing-care, elder-care, and handicapped
buildings, high rise buildings (more than seven floors), hotels, schools,
theaters, and other such areas of assembly where the public is at increased
risk during a fee or emergency shall have a fire alarm box of a distinctive
color in a conspicuous location.
APPROVED AS TO FORM:
Edward D. Peace
Corporation Counsel
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 221
By: Mrs. LoTempio
Request Ordinance Amendment Code Enforcement Chapter 137 - Section
7, Schedule of Fines and Penalties
Whereas: The Council and the Administration plan to embark on a
joint effort to enforce the codes and ordinances of the City of Buffalo; and
Whereas: A pilot program for A Bureau of Administrative Adjudication would
enable the city to proactively enforce and adjudicate violations of the City
ordinance pertaining to Streets and Sidewalks in the Parking Violation Bureau
of City Hall; and
Whereas: Amending Code Enforcement Chapter 137 - Section 7 Schedule of Fines
and Penalties, to include class fines and penalties for violations of Chapter
413, Streets and Sidewalks would serve as reference for enforcement and
adjudication for the planned Administrative Adjudication pilot program; and
Whereas: Such fines and penalties listed in Code
Enforcement Chapter 137 - Section 7 Schedule of Fines and Penalties, would
appear on summonses that will be issued by designated persons representing the
Buffalo Parking Violations Bureau to persons in violation of ordinance Chapter
413, Streets and Sidewalks.
Now, Therefore Be It Resolved That:
This Common Council request the City Corporation Counsel to amend Code
Enforcement Chapter 137 -Section 7, Schedule of Fines and Penalties to include
class fines for violations of the ordinances contained in Chapter 413 - Streets
and Sidewalks of the Codes and Ordinances of the City of Buffalo.
REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CORPORATION COUNSEL
No. 222
By: Mr. Pitts
Permission to erect banners for the 1994 Girl Scout Cookie Sale.
Whereas: The Girl Scout Council of Buffalo and Erie County would
like to publicize their 1994 Girl Scout Cookie Sale by placing several banners
in the Buffalo area, and
Whereas: The organizers are seeking permission to erect a banner at Delaware
Avenue and Gate Circle, at Niagara Square, at Elmwood Avenue and Bidwell Street
and at Hertel Avenue and Colvin Street, and
Whereas: The organizers anticipate hanging these banners (35" tall and 1
9'8" across) on or about October 4 thru October 31, and remove by November 4,
and
Now, therefore be it resolved that:
This Common Council grant permission to the Girl Scouts of Buffalo and Erie
County to advertise their 1994 Girl Scout Cookie Sale by erecting a banner at
Delaware Avenue and Gate Circle and at Niagara Square, at Elmwood Avenue and
Bidwell and at Hertel Avenue and Colvin Street, provided the banners meet all
pertinent city departments and violate no existing law or ordinance.
PASSED
AYES- 13 NOES- 0
No. 223
By: Messrs. Pitts and Perla
Public Hearing on Purchase of
12 Elmwood Ave for Fire House
Whereas: The Comptroller and Corporation Counsel's office have
recommended that the Common Council approve an option for the purchase of 12
Elmwood Avenue, and
Whereas: This parcel is owned by the Painter's Local. The site has been
deemed suitable by the Comptroller and Fire Commissioner for the development of
a replacement fire station for two houses recently closed, and
Whereas: The Comptroller has identified City Capital Bond Funds to be
sold in November 1994 which will be utilized for the purchase and development
of this site. The sale price and development costs have been negotiated through
the comptrollers office, and
Whereas: The Common Council has the responsibility to finally approve the
recommended purchase and development of this project. In order to determine the
suitability of the proposal the public should be provided an opportunity to
present their views and review the plans.
Now Therefore Be It Resolved That: The Common Council hold a Public
Hearing on Tuesday, October 18, 1994 at 7:00 PM. to review plans for the
purchase and development of 12 Elmwood Avenue for a new firehouse.
Further Be It Resolved That: The Comptroller, Corporation Counsel and
Fire Commissioner provide the appropriate information for the purpose of the
Public Hearing.
REFERRED TO THE COMMITTEE OF THE WHOLE
No. 224
By: Mr. Pitts
Appoint Jay Burney to Pest Management Board
Whereas: There is currently a vacancy on the Buffalo Pest Management
Board caused by tile resignation of Diane M. Ciurczak, who served the Board
with distinction but has moved on to other pursuits; and
Whereas: Ms. Ciurczak was an appointee of the Common Council and as such the
Council should replace her in order to keep the Board at full strength; and
Whereas: Jay Burney, a Buffalonian who helped the Council form and refine
the ordinance that set up the Board, has expressed an interest in serving on
the Board; and
Whereas: Mr. Burney's expertise, experience and enthusiasm would be of great
benefit to the Board;
Now therefore be it resolved, that:
This Council appoints Jay Burney of 371 Vermont Street, Buffalo 14213 to
the Buffalo Pest Management Board to replace Diane M. Ciurczak
ADOPTED.
No. 225
By: Mr. Zuchlewski
Request the Mayor to Direct Board Members of Stadium and Auditorium
and all City Employees to Refrain from Accepting Complementary Season Tickets
Whereas: Members of the Stadium and Auditorium Board are responsible
for establishing policies and conducting business for the orderly operation of
Pilot Field Stadium and the Memorial Auditorium; and
Whereas: Stadium and Auditorium Board Members and certain influential City
of Buffalo officers and employees may be offered complimentary season tickets
to regularly scheduled events held at Pilot Field and the Aud as a public
relations consideration or to substantiate their duties of overseeing
operations; and
Whereas: A question exists as to the ethical validity and potential
conflict of interest of City of Buffalo officials or employees accepting
complementary season tickets and the need for Stadium and Auditorium Board
Members to accept free season tickets to enhance their responsibilities and
duties.
Now, Therefore Be It Resolved that:
This Common Council requests the Mayor to direct members of the Stadium
and Auditorium Board and all City employees to refrain from accepting
complementary season tickets to event held at Pilot Field and Memorial
Auditorium.
ADOPTED.
No. 226
By: Mr. Zuchlewski
Reaffirm Request for Reports on Complimentary Gifts
to City of Buffalo Officials, Employees
and Board or Agency Members
Whereas: Resolution #162, C.C.P. May 17, 1994 asked for the Buffalo
Sabres, the Buffalo Bandits, the Buffalo Bisons and the Buffalo Blizzard to
file a report with the Common Council detailing all gifts aggregating in excess
of $100.00 to any City of Buffalo official, employee or member of any city
Board or Agency; and
Whereas: As of September 28, 1994 only the Buffalo Blizzard and the Buffalo
Bisons have replied to this request; and
Whereas: Several attempts have been made to attain reports from the Buffalo
Sabres and the Buffalo Bandits only to receive no response.
Now, Therefore Be It Resolved That:
This Common Council reaffirms it's request that the Buffalo Sabres, the
Buffalo Bandits and the Buffalo Stampede file a report with this Council
detailing all gifts aggregating in excess of $100.00 to any City of Buffalo
official, employee or member of any City Board or Agency; and
Be It Further Resolved That:
The City Clerk be directed to send certified copies of this resolution to
the administrators of the Buffalo Sabres, The Buffalo Bandits and the Buffalo
Stampede.
ADOPTED.
No. 227
By: Mr. Zuchlewski
Appointments Commisssioners 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:
Elaine M. Boyle
Wendy B Clubine
ADOPTED.
No. 228
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:
Jill L. Donius
Dawn P. Clark
ADOPTED.
UNFINISHED BUSINESS
No. 229
Bond Resolution - $250,000 - Handicapped Access
(No. 200, C.C.P., Sept. 20,1994)
Mr. Pitts moved that the above item be taken from the table. Seconded
by Mr. Franczyk.
CARRIED
Mr. Pitts now moved approval of the above item. Seconded by Mr.
Franczyk.
PASSED.
AYES- 13 NOES- 0.
No . 230
Bond Resolution - $465,000 - Impr. Var. Schools
(No. 201, C.C.P., Sept. 20,1994)
Mr. Pitts moved that the above item be taken from the table. Seconded
by Mr. Czajka.
CARRIED
Mr. Pitts now moved approval of the above item. Seconded by Mr. Czajka.
PASSED.
AYES- 13 NOES- 0.
No. 231
Announcement Of Committee Meetings
The following meetings are scheduled. All meetings are held in
the Council Chambers, 13th floor, City Hall, Buffalo, New York, unless
otherwise noted.
Regular Committees
Civil Service Tuesday, October 11, 1994, 9:30 A.M.
Finance Tuesday, Oct 11, 1994 following Civil Service
Legislation Tuesday, October 11, 1994, 2:00 PM
Economic Dev. Wednesday, October 12, 1994, 10:00 AM
Urban Renewal Wed, Oct 12, 1994 following Economic Dev.
Ancillary Committees
Police Reorganization Mtg Wed, Oct 5, 1994, 9:00 AM - Rm 1417
Stadium/Aud T.F. Wed., October 5, 1994, 2:00 PM - Rm 1417
Stadium/Aud T.F. Thurs., October 6, 1994, 9:00 AM - Rm 1417
C.O.W. Public Hearing Tues., Oct. 18, 1994, 6:00 pm
Legislation-Public Hearing- Oct. 20, 1994 6:00 PM
No. 232
Adjournment
On a motion by Mr. Pitts, Seconded by Mrs. LoTempio the Council
adjourned at 3:40 P.M.
Charles L. Michaux, III
City Clerk
Board of Police and Fire
Pension Proceedings #8
Mayor's Office-201 City Hall
September 29, 1994-11:15 a.m.
Present: Anthony M. Masiello, Mayor; Joel A. Giambra-2
Absent: George K. Arthur, Council President-1
The Journal of the last Meeting was approved.
No. 1
I transmit herewith the Pension Payroll for the Fire Pension Fund
fob the month of August 1994 amounting to $29,623.00 and for
September 1994 amounting to $29,623.00, and respectfully request that checks
be drawn to the order of the persons named herein for the amounts stated.
Adopted
Ayes-2. Noes-0.
No. 2
The following annuitants have been cancel led from the Fire Pension
Payroll:
Vera E. Schifferle Died 7/24/94
Received and Filed.
No. 3
Mr. Giambra moved to accept the quarterly report from the City
Treasurer's office on the Fire Pension Payroll.
Adopted
Ayes-2. Noes-0.
No. 4
I transmit herewith the Pension Payroll for the Police Pension
Fund for the month of August 1994 amounting to $30,707.64 and for September
1994 amounting to $30,707.64, and respectfully request that checks be drawn to
the order of the persons named herein for the amounts stated.
Adopted.
Ayes-2. Noes-0.
No. 5
Mr. Masiello moved to accept the quarterly report from the City
Treasurer's Office on the Police Pension Payroll.
Adopted
Ayes-2. Noes-0.
No. 6
On motion by Mr. Masiello, the City of Buffalo Police and Fire
Pension Board Meeting adjourned at 11:25 a.m.