HomeMy WebLinkAbout94-1018
No. 19
Common Council
Proceedings
of the
City of Buffalo
Regular Meeting, October 18, 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 18, 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. Perla, the minutes of the stated meeting held on October 4, 1994 were approved.
FROM THE MAYOR
No. 1
Reappointment of Member to the City Planning Board
Pursuant to the powers vested in re by Section 316 of the Charter
of the City of Buffalo, I hereby reappoint Rev. S. Theodore Berg, residing at 1974 Seneca Street,, Buffalo, New York 14210 for a term expiring October 9,
1997.
I hereby certify that Rev. S. Theodore Berg is fully qualified for reappointment to the City Planning Board.
Mr. Pitts moved:
That the communication from the Mayor, dated September 26, 1994, be received and filed; and
That the reappointment of Rev. S. Theodore Berg, 1974 Seneca Street, 14210 to the City Planning Board for a term expiring October 9, 1997, be,
and hereby is confirmed.
ADOPTED.
No. 2
Appointment of Member of Board of Appeals
Article XXIV of Part II of the Code of the City of Buffalo, I
hereby appoint Luis E. Irene, residing at 106 Fargo Avenue, Buffalo, New York 14201 as a member of the Board of Appeals, effective September 26, 1994
for a term expiring March 11, 1987. Mr. Irene is replacing Paul Volcy, who has resigned.
Mr. Irene is a law assistant for the past year. He was a legal assistant for the Legal Aid Bureau in Buffalo and confidential investigator for
Pre-Trial Services. He also served as Program Director of the Beechers Boys' Club.
I hereby certify that Luis Irene is fully qualified for appointment to the Board of Appeals.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 3
Appointment of Members of the
Buffalo Municipal Housing Authority
Pursuant to the powers vested in me by Subdivision 2, Section
30 of the Public Housing Law, I hereby appoint the following members to the Buffalo Municipal Housing Authority effective October 19, 1994 - for a term
expiring October 19, 1999:
Modesto Candelario,194 Fourteenth St., Bflo, NY 14213
Mr. Candelario has been Executive Director of the Father V. L. Belle Community Center, Inc. since 1988. His duties include managing a $3.5
million multi-purpose complex; supervise the overall agency programs with a staff of 30; develop needed programs for the neighborhood, etc. Modesto
Candelario is also an assistant to Senator Anthony R. Nanula representing the Senator at various functions, assisting with problems encountered by
constituents with the State departments, etc. He is also affiliated with many community organizations such as the West Side NHS, Inc., New York State
Council for the Youth, member of the Common Council Crimes Prevention Committee, etc.
Mr. Modesto Candelario is replacing Thomas G. Feldmeyer,who is deceased.
Anthony A Marconi, 84 New Amsterdam Ave. Buffalo, NY 14216
Mr.Marconi is the Commissioner of Inspections & Community Revitalization. He was Manager of the Western Regional Office of the State of
New York Mortgage Agency; Director of WNY/Canada Program of the WNY Economic Development Corp.; Asst.Vice President Special Investments for
Goldome Bank and many other housing,& community development organizations.
I hereby certify that Modesto Candelario and Anthony A. Marconi are fully qualified to serve as members of the Buffalo Municipal Housing
Authority.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 4
Appointment of Members to the City Planning Board
Pursuant to the powers vested in me by Section 316 of the Charter
of the City of Buffalo, I hereby appoint, subject to your confirmation, the following persons listed below to the City Planning Board:
Susan Curran Hoyt, 70 North St., Buffalo, N.Y., 14202
Ms. Hoyt has been in commercial real estate for the past ten years. She also served as regional director, WNY office for Senator Daniel
Patrick Moynihan and was marketing manager for ECIDA, as well as Asst. Vice President, Public Affairs for Marine Midland Bank.
Ms. Hoyt is replacing Elizabeth Ruddy who resigned. Ms. Hoyt's term will expire on October 9, 1995.
James K. Morrell, 65 Durham Ave., Buffalo, N.Y. 14216
Mr. Morrell graduated from S.U.N.Y. at Buffalo with a Masters degree in Urban Planning. He is presently employed as a Transportation
Planner I with the NFTA, and is a member of the American Planning Association.
Mr. Morrell replaces Mr. Howard T. Ford, who has moved to Orchard Park. Mr. Morrell's term will expire on October 9, 1997.
Cynthia A. Schwartz, 833 Auburn Ave, Bflo, NY 14222
Ms. Schwartz has worked at Roswell Park Cancer Institute for the past 15 years. She is presently Director of Government and External
Affairs, and is a member of the Major Modernization Cor Committee which directed the planning and development at Roswell Park.
Ms. Schwartz replaces Mr. James Krasowski whose term expired October 9, 1993. Ms. Schwartz's term will expire October 9, 1996.
I hereby certify that the above listed persons are fully qualified for appointment to the City Planning Board.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 5
Appointment Director of Stadium & Auditorium
For your information, the Board of Stadium and Auditorium at their
meeting held on September 30, 1994 approved the appointment of Michael A. Masiello of 58 Granger Place, Buffalo, New York to the exempt position of
Director of Stadium & Auditorium effective October 17, 1994, at the starting salary of $50,098.
RECEIVED AND FILED.
No. 6
PBA Capital Improvement Program US Plaza and Connecting Roadway Project (Phase I-IV) Buffalo and Fort Erie Public Bridge Authority
Attached please find a letter from the Buffalo and Fort Erie
Public Bridge Authority regarding PBA Capital Improvement
Program/US Plaza and Connecting Roadway Project (Phase I-IV)
REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT.
No. 7
Opposition to Proposition 1
I am writing today to enlist your support in an effort I see as
critical to the survival of Buffalo and our region.
For the past decade, Erie County government has been the sole beneficiary of more than $700 million in sales tax revenue accruing from the
extra one per cent that was enacted as a one-time, temporary tax. The debt which precipitated the tax has been paid and revenues from the will exceed
$80 million this year alone. As a result, while Buffalo had to raise taxes, to layoff city workers, to close firehouses, and to reduce city services to close
a $36 million budget deficit. county government has appropriated the proceeds from the sales tax to keep county property taxes down.
While we are talking about survival, they are talking about a surplus.
Since taking office, I asked to be at the table to discuss a regional approach to our problems. I have not asked for the entire $86 million the
county will collect this year. I have asked only that we begin a dialogue.
During our budget deliberations this spring, the county promised to give us $400,000 to help with roads and snow removal. Although we
budgeted that sum, we have yet to receive a nickel.
I asked for negotiations to discuss the $9 million windfall accruing to Erie County now that the debt for which the sales tax increase was
levied, has been retired.
I talked to county officials about sharing the annual growth of the sales tax. Since its inception, the sales tax revenues dedicated to the
county have grown by more than $20 million.
I have expressed a willingness to discuss metropolitan issues, services consolidations, and a host of other issues.
Those requests were rejected without discussion. Similar rejection has greeted every overture to begin talks toward negotiations. I have
taken a reasoned, responsible course to present county government with a number of options. Each time, I have been rebuffed.
Now, the county executive has put forth Proposition One for approval by county voters. The proposition would have the effect of making the
temporary tax permanent. Because the success of that proposition would effectively remove me from future discussions about the proceeds of the
sales tax, I have publicly urged city voters to reject the proposition ,to send a clear signal to County Hall that serious, substantive negotiations have to
take place at once. The 325,000 people of Buffalo and the other cities, towns, and villages of the county deserve representation in these deliberations.
Your assistance in this effort is vital if we are to succeed in getting the city 's needs on the county's agenda. Your membership includes a
large percentage of county residents. As such they are in a perfect position to talk about the need to share regional resources. Please join me in
sending a clear signal to County Hall: The health of the regional of the county and the region, As a state senator, I was quite willing to take the political
heat for ten successive votes to extend the sales tax. A decade of exclusivity is enough. It's time we started sharing common resources for the
common good.
To accomplish that goal, I am respectfully requesting your honorable body adopt a resolution in opposition to ballot Proposition One and that
you urge your constituents throughout Buffalo to vote "no" on the Proposition. Only by demonstrating our resolve and our strength can we expect to
send a definite signal to county government as a first step toward meaningful dialogue.
Mr. Pitts moved to refer the item to the Committee on Finance.
Seconded by Mrs. LoTempio.
Mr. Zuchlewski moved to amend to Receive and File the item.
Seconded by Mr. Fahey
LOST.
AYES- CZAJKA, FAHEY, FRANCZYK, ZUCHLEWSKI- 4.
NOES- ARTHUR, BELL, COLLINS, COPPOLA, HELFER, LOCKWOOD, LOTEMPIO, PERLA, PITTS- 9.
Mr. Pitts now moved his original motion to refer to the Committee on Finance.
ADOPTED.
AYES- ARTHUR, BELL, COLLINS, COPPOLA, HELFER, LOCKWOOD, LOTEMPIO, PERLA, PITTS- 9.
NOES- CZAJKA, FAHEY, FRANCZYK, ZUCHLEWSKI- 4.
FROM THE COMPTROLLER
No. 8
Certificate Of Necessity
Transfer of Funds
Common Council - Majority Leader
Common Council - Legislative
We, Anthony M. Masiello, Mayor and Joel A. Giambra, Comptroller,
do hereby certify, pursuant to Section 42 of the Charter, that it is necessary that the sum of $6,000 be transferred and reappropriated from the
Common Council - Legislative - Majority Leader - Salaries-Regular Account, 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, October 3, 1994
RECEIVED AND FILED.
No. 9
Certificate of Necessity
Transfer Of Funds
Common Council - Legislative
Common Council - Legislative - Exempt Items
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 $12,000 be transferred and reappropriated from the
Common Council - Legislative - Salaries Regular Account, 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, October 3, 1994
RECEIVED AND FILED.
No. 10
Certificate of Necessity
Increased Appropriation
City Revenue Buildings
We, Anthony M. Masiello, Mayor and Joel A. Giambra, Comptroller,
do hereby certify pursuant to Section 41 of the Charter, that an increase in the sum of $53,728.17 in the estimates for the fiscal year beginning July 1,
1994 is necessary in Appropriation Allotments - Department of Public Works - Division of Buildings, to meet a contingency which could not have been
reasonably foreseen when the budget was adopted. The amount of increased appropriation will be met from an increase of $53,728.17 in the General
Fund City Revenue account 100-40-2, 402-90000 Buildings Miscellaneous not otherwise appropriated for any other purpose. The detail of the
requirements are set forth below:
Dated: Buffalo, NY, October 13, 1994
RECEIVED AND FILED.
No. 11
Certificate of Necessity
Increased Appropriation
Reserve for Capital Appropriations
Department of Public Works
We, Anthony M. Masiello, Mayor and Joel A. Giambra, Comptroller,
do hereby certify pursuant to Section 41 of the Charter, that an increase in the sum of $60,000 in the estimates for the fiscal year beginning July 1, 1994
is necessary in Appropriation Allotments - Department of Public Works - Division of Buildings - Bond account for the reconstruction of the dog pound to
meet a contingency which could not have been reasonably foreseen when the budget was adopted. The amount of increased appropriation will be met
from 100-890-050 - Fund Balance Reserve for Capital Budget Appropriations not otherwise appropriated for any other purpose. The detail of the
requirements are set forth below.
Dated: Buffalo, NY, October 6, 1994
RECEIVED AND FILED.
No. 12
Interfund Loans
Over the last six years, the City has provided interfund loans
from the City General Fund to The City, Board and Enterprise Capital Projects Funds to implement financing of the Capital Improvements Budget. The
interfund loans are repaid when the Bond Anticipation Notes or Bonds are issued to finance these projects.
As of today, we have one request for money to finance projects and we will not reenter the bond market at this time.
We are requesting that you approve an interfund cash loan from the General Fund to the City's Capital Projects Fund in the amount of
$120,000 for Improvements to Ellicott District. The loan will be repaid when Bond Anticipation Notes or Bonds are issued.
From To Account Repayment Date Total
100 Gen. 200 Cap.Proj. 200-717-025 BAN/Bond Sale $120,000
Mr. Pitts moved:
That the communication from the Comptroller, dated October 12, 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 $120,000 for Improvements to Ellicott District. The loan will be repaid when Bond Anticipation Notes or Bonds are issued.
PASSED.
AYES- 13 NOES- 0.
No. 13
Result of Negotiations
1525 Fillmore & 1527 Fillmore Avenue
The Comptroller's Office, Division of Real Estate, has received
an offer from Mr. Sherrill Colston, of Colston Mobile Service, Inc. , to purchase a vacant parcel of land 60' x 166' known as 1525 and 1527 Fillmore Avenue,
Buffalo , New York 1421 1. Mr. Colston intends to improve the property with a self-service car wash. Mr. Colston will own and operate the car wash in
conjunction with the Mobile gas station that he owns at 1507 Fillmore Avenue.
An independent appraisal of the property was conducted by James White, J. H. White Realty, 537 Humboldt Parkway, Buffalo, New York
14208. He has estimated the value of the properties to be One Thousand Six Hundred Dollars ($1,600.). The Division of Real Estate concurs with the
appraiser's estimated value.
The results of our negotiations are that Mr. Sherrill Colston has agreed and is prepared to pay One Thousand Five Hundred ($1,500.) for the
subject properties. He has also agreed to pay for the cost of the appraisal, transfer tax, recording fees and costs of the legal descriptions.
I am recommending that Your Honorable Body approve the sale of 1525 and 1527 Fillmore Avenue to Mr. Sherrill Colston, Colston Mobile
Service Inc., 1507 Fillmore Avenue, Buffalo, New York 14211, in the amount of One Thousand Five Hundred Dollars ($1,500.). 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 13, 1994, be received and filed; and
That the offer of Mr. Sherill Colston, of Colston Mobile Service, Inc., in the sum of $1,500 (One Thousand Five Hundred Dollars) to purchase the
property described as 1525 and 1527 Fillmore Avenue, 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 will be paid by the purchaser.
PASSED.
AYES- 13 NOES- 0.
No. 14
Reconvey Title To Previous Owner 614 Broadway
The above captioned property was acquired by the City of Buffalo,
through In Rem Tax Foreclosure # 27, 12/6/93. At the time of the tax foreclosure the property was occupied by Messrs. David Rodriquez and Myron
Walker. They acquired the property in June of 1993 and were unaware of the pending City Tax Foreclosure. They are now requesting to reacquire the
property either through purchase or having the Tax Sale reversed.
As Your Honorable Body is aware it is City Policy not to sell or transfer property back to the former owner. However, when circumstances
warrant, we have recommended and the Common Council has approved that the former owner reacquire the property. I believe that we have a situation
here where two young men wishing to start a business, purchased a property and were not aware of the pending City Tax Foreclosure. Through their
Attorney they have provided the Division of Real Estate with the following information:
Messrs. Rodriquez and Walker purchased the property from Rudolph Taube on June 10, 1993, four (4) months before the City Tax Foreclosure.
The purchase price for the property was Three Thousand Dollars ($3,000) plus the purchasers were to assume all unpaid taxes on the property.
After acquiring title to the property Messrs.. Rodriquez and Walker promptly paid the outstanding County Taxes in the amount of Three
Hundred and Twenty-Five Dollars ($325.00), and began repairing and remodeling the building. They had expended over $10,000 in repairs from June to
November 1993. They were not aware of the pending City Tax Foreclosure. Taxes, at the time of the foreclosure amounted to $3,622.45.
In November of 1993 Messrs. Rodriquez and Walker were shocked and surprised when notified that the City had acquired title to the
property. They promptly agreed to pay a monthly rental of One Hundred and Twenty-Five Dollars ($125.00) until we could resolve the title issue. They
have also, through their Attorney, Mr. Richard J. Van Coevering, provided documentation of their purchase, paid County Tax Bills and cost of
improvements made, since they acquired the property.
The claim by them that they were never notified of the Tax Foreclosure has been verified by the Division of Real Estate. The Departments of
Assessment and Tax Office records indicate that all notices for back taxes and notice of tax foreclosure were sent to the previous owner Mr. Rudolph
Taube.
It is clear from my review of this situation, that we have two young men who using their own money purchased a piece of property to start
a business, began to make improvements, paid the known back taxes and may have been duped by the previous owner, since they were not notified of the
pending City Tax Foreclosure.
Messrs. Walker and Rodriquez have offered to pay the $3,622.45 amount of taxes due with interest and penalties, due at the time of the
foreclosure. The 94-95 taxes will be adjusted at the time of closing. I believe this would be fair and in the interest of both the City and former owners.
A recent appraisal of the property valued the building at only $5,300, before the repairs were made.
Therefore, I am recommending that Your Honorable Body approve reversing the Tax Foreclosure Sale of 614 Broadway, contingent upon
Messrs. Rodriquez and Walker paying all back taxes with penalties and interest to date of the foreclosure. I am further recommending that the
Corporation be authorized to execute 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 13, 1994, be received and filed; and
That this Common Council does hereby reverse the Tax Foreclosure Sale of 614 Broadway, contingent upon David Rodriquez and Myron Walker
paying $3,622.45 and all back taxes with penalties, due at the time of the foreclosure; 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.
PASSED.
AYES- 13 NOES- 0.
No. 15
Demolition Cost Recovery Report Of Division Of Collections
(Item. No. 217, C.C.P., 10/4/94)
As requested, I am attaching a report on the process for recovering
costs expended on demolitions, prepared by the Director of Collections.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 16
Inability To Attend Committee Meeting
Due to the volume of information requested of my office at the
last Common meeting, it is logistically impossible to comply by the next Finance Committee meeting scheduled for Tuesday, October 11. Therefore, I am
asking for an extension of time in order that the information my office does present to the Common Council will be through and comprehensive.
Please inform me of your decision. Thank you for your attention and cooperation in this matter.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 17
Certificate Of Appointment
Appointment effective September 30, 1994 in the Department of
Audit and Control Division Of Accounting David W. Pratt, 185 Norwood, Buffalo, NY 14222 to the Position of Senior Accountant, contingent, permanent, at
the Intermediate Starting Salary of $31,649.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
No. 18
Certificate of Appointment
Appointment Effective September 29, 1994 in the Department of
Audit and Control, Division of Accounting to the Position of Division of Accounting, Michael R. Szukala, 15 Stewart St., Buffalo, NY 14211 to the Position of
Senior Accountant Permanent, at the Intermediate Starting Salary of $32,668.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
FROM THE COMMISSIONER OF PUBLIC WORKS
No. 19
Bond Cancellation-1519 Hertel Avenue
It is hereby certified that the bond described be canceled:
Principal: Palm Tree, Inc.
Surety: Aetna Casualty and Surety Company
Amount: $5,000.00
Dated: April 2, 1990
Structure: Sidewalk Patio
Location: 1519 Hertel Avenue
This bond is no longer necessary due to the fact the encroachment has been removed. The above captioned bond should be deemed released
and canceled as to future liability in accordance with the provisions of the City of Buffalo ordinances.
RECEIVED AND FILED.
No. 20
Bond Cancellation-225 Louisiana Street
It is hereby certified that the bond described below be canceled:
Principal: Barcalo Tool Div.. of Crescent Niagara Corp.
Surety: Fidelity and Deposit Company Of Maryland
Amount: $5,000.00
Dated: December 19, 1963
Structure: 15,000 Gallon FU81 Oil Tank
Location: Under sidewalk on west side of
Kentucky St., 180 Ft. South Of
O'Connell Street.
This bond is no longer necessary due to the fact the encroachment has been removed. The above captioned bond should be deemed released
and canceled as to future liability in accordance with the provisions of the City of Buffalo Ordinances.
RECEIVED AND FILED.
No. 21
Extension of City Contract 91749200
Cleaning and Lining Watermains on
Porter Avenue and Jersey Street
In accordance with the terms of the contract between the City
of Buffalo and Firstrhyme Construction Corp., City Contract No. 91749200, Cleaning and Lining 60" Watermains on Porter Avenue and Jersey Street,
Contract No. 22, the work called for in this contract was scheduled to be completed by October 3, 1994.
The contractor has requested an extension of time in this contract due to unforeseen delays on this project which were beyond the
contractor's control including the requirement to manually clean approximately 2200 l.f. of transmission piping on Porter Avenue due to the discovery of
vertical support bars in pipe fittings.
Accordingly, I have granted an extension of time in the contract with Firstrhyme Construction Corp.
The new completion date for this contract is November 18, 1994.
RECEIVED AND FILED.
No. 22
Extension of Contract
City Contract No. 91770200, Filtration
Plant Improvements, Filter Instrumentation Replacement
In accordance with the terms of the contract between the City
of Buffalo and John W. Danforth Company, City Contract No. 91770200, Filtration Plant Improvements - Filter Instrumentation Replacement, Contract No
5-G, General Construction, the work called for in this contract was scheduled to be completed by February 13, 1995.
The contractor has requested a three (3) week extension in this contract due to a change in contract whereby an additional 30" sewer valve
needs refurbishing.
Accordingly, I have granted an extension of time in the contract with John W. Danforth Company.
The new completion date for this contract is March 5, 1995.
RECEIVED AND FILED.
No. 23
Monthly Report of Licenses Issued-Sept.,1994
I am respectfully submitting the enclosed report of licenses issued
in the month of September 1994 by the Division of Licenses.
RECEIVED AND FILED.
No. 24
Notification Serial #8416
Install No Parking on
Krakow Street Cul-de-sac
No Parking - 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 provision 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 of business.
That that part of Subdivision 24 of Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the
following: No Parking
Prohibited Portion of Highway Prohibited Period Daily
Krakow Street cul-de-sac beginning at No Parking Anytime
the end of the west side and continuing
around the cul-de-sac for 270'
This has been requested by residents of the area. It will provide a clear "turn-around" area for emergency vehicles and snow/trash
removal equipment and not adversely effect on-street parking.
RECEIVED AND FILED.
No. 25
Relocation Advocacy Office
Item No. 138, C.C.P., 09/06/94
Please be aware that the Department of Public Works is in the
process of moving the Handicapped Advocacy Office to a more suitable office on the fifth floor. All parties are in agreement that this particular move
would enhance working conditions.
RECEIVED AND FILED.
No. 26
Associated Healthcare
Request for Handicapped Parking
Item #62, C.C.P. 06/14/94
This is in response to Item No. 62, of June 14, 1994. In this
item, Associated Healthcare, operators of a business at 1031 Main St.,requested that handicapped parking be installed in front of their building. Please be
advised that the Department of Public Works, Division of Engineering, Traffic Section has reviewed their request.
A site investigation of the area at #1031 Main Street, which adjoins the southeast corner of East North Street, found an NFTA Metro bus
stop present at this location. The bus stop contained a lighted, glass-enclosed bus shelter directly in front of #1031 Main Street. No on-street parking is
allowed in this area due to the need for bus pickup/discharging of passengers.
Therefore, due to the location of this bus stop/bus shelter my Department can not install handicapped parking in front of #1031 Main Street.
RECEIVED AND FILED.
No. 27
Report of Bids
Pressbox & Scorecard Wiring Tifft Farms
I asked for and received the following sealed proposals which
were publicly opened and read on September 28, 1994.
Metro Electrical Const. $6,890
Weydman Electric 7,140
Warrens Electric 7,888
I hereby certify that the foregoing is a true and correct statement of all bids received and that Metro Electrical Const. in the amount of
$6,890.00 is the lowest responsible bidder in accordance with the plans and specifications.
I recommend that Your Honorable Body authorize the Commissioner of Public Works to order the work on the basis of the low bid. Funds for
this work are in B/F 200-402-083 - Division of Buildings.
Estimate for this work was $6,042.00
Mr. Pitts moved:
That the communication from the Department of Public Works, October 4, 1994, be received and filed; and
That the Commissioner of Public Works be, and he hereby is, authorized to award a contract for Pressbox & Scorecard Wiring, Tifft Farms to
Metro Electrical Construction, the lowest responsible bidder in the amount of $6,890, with said cost to be charged against the B/F 200-402-083 Division
of Buildings.
PASSED.
AYES- 13 NOES- 0.
No. 28
Report of Bids
Resurfacing of City Owned
Street Facilities 1994-1995
This is to advise Your Honorable Body that I have advertised and
received bids on October 5, 1994 for Resurfacing of City Owned Street Facilities 1994-1995.
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 material entering into the work and may be either more or less
than the total bid.
The following bids were received:
A.B.P. Concrete Construction, Inc. $68,347.50
Thomann & Loewer Asphalt Paving Corp. $77,350.00
I hereby certify that the lowest responsible bidder for the above project is A.B.P. Concrete Construction, Inc.
I respectfully recommend that Your Honorable Body order the work, the cost thereof to be charged to the Capital Projects Fund
#200-401-507-00-000 in an amount of $68,347.50, plus approved unit prices not to exceed an additional amount of $26,652.50, for a total encumbrance of
$95,000.00. The engineer's estimate for this work is $95,000.00
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 21, 1994. Individual bid submissions are available in
our office for inspection and copies are available upon request.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 29
Report of Bids-Repair To City Curbs 1994-1995
Item No. 130, C.C.P. 9/20/94
This is to advise your Honorable Body that I have advertised and
received bids on October 12, 1994 for Repair to City Curbs 1994-1995. 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:
A.B.P. Concrete Construction, Inc- $ 89,514.00
Campobello Construction Co.,Inc- $105,784.00
M.P.J. Contracting, Inc. $119,383.00
I hereby certify that the lowest responsible bidder for the above project is A.B.P. Concrete. I respectfully recommend that your Honorable
Body order the work, the cost thereof to be charged to the Capital Projects Fund #200-401-021-00-000 in an amount of $89,514.00, plus approved unit
prices not to exceed an additional amount of $10,486.00, for a total encumbrance of $100,000.00. The engineer's estimate for this work is $100,000.00.
The attached is certified to be a true and correct statement of the two (2) lowest bids received. Under provision of the General Municipal
Law, any of the bidders may withdraw his bid if an award of the contract is not made by November 28, 1994. Individual bid submissions are available in
our office for inspection and copies are available upon request.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 30
Report of Bids-Repair To City Pavements 1994-1995
This is to advise Your Honorable Body that I have advertised
and received bids on October 12, 1994 for repair to city pavements-1994-1995.
In obtaining bids for the above project, I have asked for bids on a unit price covering the various items of work and material will be
performed. The final cost of the work will be based on actual measured quantities of materials entering into the work and may be either more or less
that the total bid.
The following bids were received:
Amherst Paving, Inc $ 170,815.00
Tom Greenauer Dev., Inc. $ 190,240.00
I hereby certify that the lowest responsible bidder for the above project is Amherst Paving, Inc.
I respectfully recommend that Your Honorable Body order the work, the cost thereof to be charged to the Capital Projects Fund
200-401-507-00-000 in an amount of $170,815.00 plus approved unit prices not to exceed an additional amount of $29,185.00, for a total award of
$200,000.00. The Engineer's estimate for this work is $200,000.00.
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 28, 1994. Individual bid submissions are available in our office for
inspection and copies are available upon request.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 31
Change Order No - 3 - New Watermain
Hillary Street and Service Transfers
in Potters Road
City Contract NO. 91744100
I hereby submit to your Honorable Body the following change order
with various Company for work relating to New Watermain in Hillary Street, New Watermain and Service Transfers in Potters Road, City Contact No.
91644 1 00:
Mobile Field Office Decrease : $ 200.00
Select Granular Fill not needed. Decrease : $ 750.00
Asphalt Concrete Slab - not needed. Decrease: $ 750.00
Concrete Sidewalk & Approaches 4" not needed.
Decrease: $1,250.00
Concrete Sidewalk 6" - small portion
not needed. Decrease: $ 660.00
6" Waterline - Lesser quantity installed. Decrease: $ 990.00
8" Waterline - Lesser quantity installed. Decrease: $ 4,284.00
10" Waterline - Lesser quantity installed. Decrease: $ 71.00
12" x 8" TS & Valve - only two installed. Decrease: $ 2,500.00
Waterline Pipe Specials - 17% more than contracted
Increase: $ 780.00
Corporations - Less were required. Decrease: $ 1,500.00
Curb Stops - One less required. Decrease: $ 60.00
Water Service Pipe - Less required. Decrease: $ 2,403.00
Water Service Boxes - One less required. Decrease: $ 80.00
These changes could not be foreseen at the time the contract was let.
Costs have been reviewed by the Department of Public Works and found to be fair and equitable.
SUMMARY:
Original amount of contract $287,400.00
Amount of Change order No. 1- Increase $ 4,050.00
Amount of Change Order No. 2 Increase $ 10,846.00
Amount of Change Order No. 3 -Decrease $ 14,718.00
Current Amount of Contract $ 287,578.00
Funds in the amount of $14,718.00 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. 32
Change in Contract - Change Order No.1
City Contract No. 91770200
Filtration Plant Improvements - Filter
Instrumentation Replacement
I hereby submit to your Honorable Body the following change order
with John W. Danforth Company for work relating to Filtration Plant Improvements - Filter Instrumentation Replacement Contract No. 91770200:
New Work Item:
Refurbishing one (1) additional 30 inch sewer valve on Filter No. 24. Increase 5,699.00
(At the preconstruction meeting on August 18, 1994, it was noted by the City that there were ten 30" sewer valves that need refurbishing - not nine
valves as specified. This new work item is for the additional valve)
New Work Item:
Refurbishing of the operators on nine 30 inch sewer valves .
Increase: $ 6,900.00
(At the plant visit of Stritt & Priebe, Inc. on August 22, 1994, it was brought to the Division of Water's attention that the butterfly sewer valves were
being rebuilt but the operators were not. Some of the operators were in need of repair.)
New Work Item:
Refurbishing all 40 of the existing 4 inch surface washwater valves and operators instead of installing the existing operators, which may not operate
properly, on new 4-inch valves.
No change in cost
At the plant visit of Stritt & Priebe, Inc. on August 22, 1994 it was brought to the Division of Water's attention that the 4" surface washwater valve
was to be replaced with a new valve but nothing was being done with the valve operators. The operators are 25 years old or more and may not be
dependable or may not operate properly. Stritt & Prieve suggested they could rebuild the existing valve and operator at the same cost as a new valve
with the old operator.)
These changes could not be foreseen at the time the contract was let.
Costs have been reviewed by the Department of Public Works and found to be fair and equitable.
SUMMARY:
Original amount of contract $ 286,166.00
Amount of Change Order No. 1 - Increase 12,599.00
Current Amount of Contract $ 298,765.00
Funds in the amount of $12,599.00 are available in the Division of Water's 416-Capital Project Fund, 982-016-00-000 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. 33
Change In Contract
Change Order No. 1
Argyle Park West Delavan to Potomac
Group No. 366 - M.P.J. Contracting, Inc.
Contract No. 91789000
I hereby submit to Your Honorable Body the following unit price
additions to the contract for the above named project. This change order is necessary to enable us to substitute granite curbing for concrete curbing
as bid, as a result of the favorable low unit prices received for this contract.
Also, this change order is necessary to unable us to make improvements at 138 Chandler Street, including full depth asphalt pavement repairs
with new curb and sidewalk and also at Brantford Place, including sidewalk spot replacement.
A. Argyle Park
A decision was made by the Division of Engineering to substitute granite curbing for concrete curbing and to replace damaged grass areas with sod.
New
Item Negotiated Estimated
Number Description Unit Price Quantity Cost
07.104 Granite $20 2,200 l.f. $44,000
Curb - 4"
4'07.104R Granite $21 300 l.f. 6,300
Curb - Radius
612.01 Sod $4.50 1,800 SY $8,100
Total Additions $58,400
The following items will be deleted in lieu of the substitution f granite curbing:
Item Contract Estimated
Number Description Price Quanity Cost
07.506 Concrete $13 2,200 l.f. $28,600
Curb - 6"
07.506R Concrete $16 300 l.f. 4,800
Curb - 6"
Radius
Total Deductions $33,400
Net Change - Argle Park $25,000
B. Chandler Street @ 138 (Bakery Salvage)
New
Item Negotiated Estimated
Number Description Unit Price Quantity Cost
403.13 Asphalt Conc. $45 50 tons $2,250
Type 3 Binder
403.11 Asphalt Conc. $44 160 tons $ 7,040
Type 1 Base
07.524 Concrete $22.50 75 l.f. $ 1,687.50
Gutter
Total New Contract Additions $10,977.50
Existing
Item Contract Estimated
Number Description Unit Price Quantity Cost
02.0110 Unclassified $9 275 CY $ 2,475
Excavation
03.21A Subbase Course $28 90 CY $2,520
Type "A"'
04.110 Asphalt Conc. $45 40 tons $1,800
Fine Top
Machine Laid
05.204 Concrete $2.25 1,320 s.f. $ 2,970
Sidewalk - 41'
07.104 Granite $20 330 l.f. $ 6,600
Curb - 4"
08.210 Underdrain $5 330 l.f. $1,650
Contract Item Additions $18,015
Total Change Chandler St $28,992.50
C. Brantford Place - West Delavan to Potomac
The Department of Public Works is requesting to increase the contract quantity for concrete sidewalk -41, replacement on Brantford Place.
Existing
Item Contract Estimated
Number Description Unit Price Quantity Cost
R05.204a. Concrete $2.35 2,450 s.f. $5,757.50
Sidewalk
-4" Replace
Total Change Brantford Pl $5,757.50
Change Order No. 1 Summary.-
Net Change Argyle Park $25,000.00
Total Change Chandler Street $28,992.50
Total Change Brantford Place $ 5,757.50
Total Change Order No. 1 $59,750.00
Contract Summary:
Original Contract Amount $216,123.77
This Change Order No. 1 $ 59,750.00
TOTAL CONTRACT $ 275,873.77
Funds for this change order ($59,750.00) are available in Division of Engineering Bond Fund Account 200-401-014-00-000.
This work will require no extension of time.
I respectfully certify that this change order is fair and equitable for the work involved and respectfully request that Your Honorable Body
approve the subject change order and authorize the Commissioner of Public Works to issue said change order to M.P.J. Contracting, Inc.
Mr. Pitts moved:
That the communication from the Department of Public Works, dated October 10, 1994, be received and filed; and
That the Commissioner of Public Works be, and he hereby is, authorized to issue change order #1 to M.P.J. Contracting, Inc., changes
resulting in a net increase in the amount of $59,750.00 as more fully described in the above communication, for work relating to Argyle Park - West
Delavan to Potomac Group No. 366, Contract No. 91789000. Funds to be charged to Division of Engineering Bond Fund Account 200-401-014-00-000.
PASSED.
AYES- 13 NOES- 0.
No. 34
Change in Contract
Reconstruction of Pools
Various Locations - 1994
I hereby submit to Your Honorable Body the following change in
contract for the Reconstruction of Pools, Various Locations - 1994, Gerald T. Stay Co.
C-91751300:
1. Install three (3) new stainless steel
frames and fiberglass grates at
Centennial Pool. Add $2,140.00
The foregoing change results in a net increase in the contract of Two Thousand One Hundred Forty and 00/100 Dollars ($2,140.00).
Summary
Original Amount of Contract $187,000.00
Amount of this change (No 1) $2,140.00
Revised Amount of Contract $189,140.00
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 200-402-063 - Division of Buildings.
I recommend that Your Honorable Body authorize the Commissioner of Public Works to issue a change order to the contractor as set forth
above.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 35
L. McGee and Others Request
Repairs and Paving of Berkshire Avenue
Item No. 085, C.C.P. 09/20/94
The residents of Berkshire Avenue between Bailey and E. Amherst
Street have requested public improvements to their street that fall under the jurisdiction of this department.
Funding sources for the types of improvements that have been requested vary and must be determined prior to construction so as to avoid
problems later on.
Funding for new curbing and street resurfacing is provided by the City at no cost to the property owners and should not concern them in any
way.
Sidewalks, on the other hand, are funded in a different manner and this must be made clear because it will affect many owners on the street
due to our installation format.
Article VII, Chapter 413-44 of the City ordinances provides that the only type of concrete damage the City is required to finance is that which
has been damaged by trees or their roots. Any other type of damage must be replaced at the expense of the abutting property owners.
A walking survey of the street will be made in order to prepare a list of locations that will identify the type of concrete damage on the
street. Those property owners will be sent letters advising them of their responsibilities with respect to concrete replacement. They will then be
billed after construction for the amount of new concrete that was installed.
The pavement of this section of Berkshire Avenue has been evaluated and rated #5 by the Division of Engineering.
It has been included on a future Overlay Program, and will be completed according to its rating priority, and available funding at the time.
In the meantime, our Street Repair Section will provide temporary repairs to maintain the street in a safe condition.
If you have any questions, please contact our Street Paving Office at 851-5619.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 36
Abandonment of Indiana and Baltimore Streets and a
Portion of Mississippi Street for the Crossroads
Arena Project
By way of a letter to Mayor Anthony M. Masiello dated September
7, 1994 from Larry Quinn of the Crossroads Arena Project, the Department of Public Works has been advised that it will be necessary to officially close
and abandon Indiana, Mississippi and Baltimore Streets between South Park Avenue and Perry Street in order to proceed with construction of the
project.
A review of the records of the Department of Public Works, specifically Item No. 132 of the Common Council Proceedings of May 17, 1994,
indicates that a portion Of Mississippi and Baltimore Street may be within the proposed Cobblestone Historic District.
Under the procedure for closing public streets, the matter should be submitted to the City Planning Board for their recommendations as to
whether or not the streets are necessary. I would assume that their recommendation would also cover any requirements for streets that should be
reserved for the Cobblestone Historic District.
Aside from the requirements for the Cobblestone Historic District, the Department of Public Works has no objection to the closing and
abandonment of the following described public streets:
Indiana Street, fifty (50.00) feet wider from the northerly line of South Park Avenue to the south line of Perry Street.
Mississippi Street Sixty (60.00) feet wide, from the
northerly line of South Park Avenue to the south line of Perry Street.
Baltimore Street forty (40.0) feet wide, from the northerly line of South Park Avenue to the south line of Perry Street.
A number of underground utilities are presently located within these street right-of-ways. It has been previously agreed between the
developer and the utility companies, that the existing utilities will either be abandoned or replaced as part of the project. Any closing and abandonment of
these streets should also be made subject to the rights of the utility companies as covered by those agreements.
Also, in case any problem with title to these streets should arise as a result of a title search, I would suggest that the closing and
abandonment of these streets should not become final until the filing of the deed conveying title to these streets, from the City of Buffalo to the new
owners, is filed in the Erie County Clerk's Office.
REFERRED TO THE URBAN RENEWAL AGENCY COMMITTEE.
No. 37
Closing and Abandonment of A Portion
of WashingtonStreet for the
Construction of the Crossroads Arena
Under Item No. 42 of the Common Council Proceedings of September
6, 1994, the Department of Public Works notified Your Honorable Body that in order to proceed with the construction of the Crossroads Arena, it would
be necessary to close and abandon Washington Street and Illinois Street between South Park Avenue and Perry Street.
The purpose of this communication is to notify the Council that it will not be necessary to close and abandon Illinois Street. I am, therefore,
herein revising my original communication to the Council (Item No. 42, C.C.P. September 6, 1994) to request your authorization to close and abandon only
the portion of Washington Street, which is described as follows:
Washington Street, sixty-six (66.0) feet wide from the south line of Perry Street to the northeasterly line of South Park Avenue.
I do, however, repeat my recommendation that the closing and abandonment of the above described portion of Washington Street will not
become final until the filing of the deed conveying that portion of the right-of-way from the City of Buffalo to the new owners. I also repeat my
recommendations concerning the underground utilities that are presently located within the street right-of-way.
REFERRED TO THE URBAN RENEWAL AGENCY COMMITTEE.
No. 38
Fuhrmann Blvd.-Hamburg Turnpike Viaduct, FAC 58-14
Hamburg Turnpike, FAC 49-10, FAC 50-2
Lackawanna City-South, SH 5071
Lakeshore-Lackawanna City, SH 5019
Athol Springs-Walden Cliffs, SH 5407
Route 5 (LaSalle Ave. to Kane St., Fr. Baker Bridge Area)
Erie County, PIN 5034,85.102
The New York State Department of Transportation is requesting
Your Honorable Body to authorize the Department to utilize the below listed City Streets to facilitate traffic flow during the construction phase of the
above mentioned project:
A. Fuhrmann Boulevard from Tifft Street to a point approximately 0.7 miles north of Tifft Street.
B. East Service Road from Tifft Street to a point approximately 0.7 miles north of Tifft Street.
I have attached a copy of the Authority's suggested resolution for your approval.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 39
Awning Within Right Of Way-2620 Main Street.
Mr. Charles Corese, owner requested permission to encroach city
right of way with an awning, which has already been installed, at the above mentioned location.
The awning measures 4 to 5 feet in height, approximately 21 feet in length on main Street, 12 feet in length on Vernon Place and projects a
maximum of 3 feet from the building face into city right of way.
The Department of Public Works has reviewed Mr. Cortese's application pursuant to Chapter 413-56 (awnings, canopies and marquees) of the
City ordinances and has no objection to your Honorable Body authorizing the Commissioner of Public works to issue a "Mere License' for said
encroachment provided the following conditions are met:
1. That the applicant obtain any and all other City of Buffalo permits necessary for said installation.
2. That the awning has been installed exactly as shown on plans submitted to and approved by the Department of Public works, Division of
Buildings.
3. That the applicant supply the City of Buffalo with a five thousand dollar construction in street bond or certificate of insurance which will
indemnify and save harmless the City of Buffalo against any and all loss and damage arising out of the construction, maintenance, use and removal of said
awning.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 40
Certificate of Appointment
Appointment effective Sept. 6, 1994 in the Department of Public
Works, Division of Engineering, Donald J. Poleto, 88 Payne Ave., Buffalo, NY 14220 to the Position of Engineering Aide, Permanent, at the Intermediate
Starting Salary of $24,407.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
No. 41
Certificate of Appointment
Appointment Effective September 19, 1994 in the Department of
Public Works, Division Of Engineering. Thomas Crowe, 115 Carmel Road, Buffalo 14214 to the Position of Street Repair Worker, Permanent at the Maximum
Starting Salary of $24,914.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
FROM THE COMMISSIONER OF PARKS
No. 42
Certificate Of Appointment
Appointment Effective October 10, 1994 in the Department of Parks,
Division of Parks, Gregory Morcio, 296 Willet, Buffalo 14206, to the Position of Park Supervisor I, Permanent at the Intermediate Starting Salary of
$26,392.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
FROM THE COMMISSIONER OF POLICE
No. 43
Transfer Police Facilities To City's Real Estate Division
(#251, C.C.P. 07/26/94)
The police precinct facility, located at 647 Fillmore formerly
known as Precinct #8, and the police precinct facility, located at 98 Colvin Boulevard, formerly known as Precinct #17, have been closed pursuant to
the authority vested in the Commissioner of Police by prior Council approval, as the Department begins its consolidation process.
All of the police records and equipment have been removed from each of these two (2) facilities and the Police Department no longer has any
use for either building.
We are respectfully requesting that your Honorable Body transfer responsibility for each of these facilities to the City's Division of Real
Estate for disposition as they see fit.
If additional information is required, please contact Inspector George M. Loncar, Patrol, at 851-4846.
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 Common Council transfer the responsibility for 647 Fillmore, formerly known as Precinct #8, and 98 Colvin Boulevard, formerly
known as Precinct #17, to the Division of Real Estate for disposition.
ADOPTED.
No. 44
C.O.M.B.A.T. Grant Program Additional Funding 1994-95
Item #50, C.C.P. 10/04/94
We recently asked your Honorable Body for an increased interfund
cash loan under the COMBAT Grant Program due to the Governor's recent awarding of an additional $180,000 for the purchase of 9mm weapons
($150,000) and $30,000 for portable radios. We had asked your Honorable Body for approval for an additional interfund cash loan to accommodate this
increase which you did approve on October 4, 1994; however, due to a typographical error on our part, the amount approved was only for $150,000
(which was the amount we were awarded for the guns), and the total interfund cash loan that we were actually seeking approval for should have been
in the total amount of $180,000.00.
Since your Honorable Body has already approved the interfund cash loan in the amount of $150,000, I am respectfully requesting that you now
approve the additional $30,000 (which covers the radios) so that the total $180,000.00 award in equipment will be covered. A total of $180,000 will be
repaid as soon as we secure the reimbursement funding from the State under this particular grant program.
We apologize for this error and anticipate your assistance in helping us to correct same.
We are asking that you expedite this matter as quickly as possible so that this correction can be made prior to our ordering the equipment;
we must order it now since the grant ends March 31, 1994 and the ordering of this type of specialty equipment takes 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 October 14, 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 $30,000 to accommodate funding for radios, for a total of $180,000. 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.
PASSED.
AYES- 13 NOES- 0.
No. 45
M. Amo-Complaints-Bus/Truck Parking-Shea's
Item #99, C.C.P. October 4, 1994
I submit the following. As a courtesy to "Shea's, trucks have
been allowed to park on Pearl St. This practice has existed for many years. I am unaware as to who began extending this courtesy but it has been in
effect longer than any present Traffic Officer can remember. However, please be advised that other than Mr. Amo, no one has ever voiced a complaint
or a concern regarding this matter. Furthermore, the nature of this complaint suggests that the Parking Violations Bureau should be informed of this
problem. If the Parking Violations Bureau would like for us to assist them, we would be more than willing to do so.
I am available for any further discussions pertaining to the above and can be reached at 851-4628.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 46
Certificate of Appointment
Appointment effective Sept. 19, 1994 in the Department of Police,
Cynthia D Guido, 221 Villa Avenue, Buffalo 14216, to the Position of Report Technician, Permanent at the Intermediate Starting Salary of $21,732.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
FROM THE COMMISSIONER OF FIRE
No. 47
Abandon Portion- Flint Alley
The Buffalo Fire Department has no objections to the building
plans for the new FBI Center and the subsequent closing of Flint Alley to traffic. I have been assured by Mr. Bill Huntress of Acquest Holdings Inc., the
owner of the property, that our Department will have access through a chain-link fence gate in the event of fire, or other emergency.
RECEIVED AND FILED.
No. 48
Process For Demolition
Item No. 186, C.C.P. 10/04/94
When a fire occurs in a building, and it has been determined by
the Chief in charge of the fire that the building has sustained extensive damage amounting to over half its value; a strong probability the building will not
be reoccupied or rehabilitated; and the condition of the building has been determined to be an extreme hazard to the citizens of the City of Buffalo; a
request is made to the Department of Inspections and Community Revitalization for emergency demolition.
REFERRED TO THE COMMITTEE ON FINANCE.
FROM THE CORPORATION COUNSEL
No. 49
Parkside Candy- Waive Taxes and Interest
Item No. 78, C.C.P., 9/20/94
Opinion No. 94-122
The above referenced item has been referred to the Law Department
for an opinion.
The president of Parkside Candy Company has asked the Common Council to waive the taxes and interest due for the tax year 1986-1987.
The issue of waiving taxes has arisen before and the Law Department's response is the same. The Commissioner of Assessment and the
Common Council do not have the authority to waive back taxes. This issue was litigated in the case of Matter of 1963 Elmwood, Inc. v. Tanzella, et al., 598
NYS 2d 414 (AD 4th Dept, 1993). The Court held unanimously that it is a violation of Article VIII, Section I of the Constitution of the State of New York for
a municipality to forgive taxes to benefit a private corporation.
The Common Council does not have the authority to waive Parkside Candy Company's taxes for 1986-1987.
RECEIVED AND FILED.
No. 50
Crossroads Affirmative Action/Equal Opportunity
Hiring Plan
Attached please find the Crossroads Arena Corporation Affirmative
Action/Equal Opportunity Hiring Plan. Kindly direct any questions or concerns to my attention.
RECEIVED AND FILED.
FROM THE COMMISSIONER OF COMMUNITY DEVELOPMENT
No. 51
Info on Waterfront Plans
Item No. 207 , C.C.P. 9/20/94
Attached is a report in response to the above-captioned subject.
REFERRED TO THE URBAN RENEWAL AGENCY COMMITTEE.
No. 52
Thruway Industrial Park Phase II
LDA-Transportation Industries, Inc.
Disposition Parcel-3.05 Acres
The City of Buffalo Urban Renewal Agency duly designated Transportation
Industries, Inc. and/or joint venture, partnership, corporation or other legal entity to be formed as the qualified and eligible Redeveloper for the subject
parcel.
The Agency has also determined that the proposed Land Disposition Agreement negotiated by the Agency and the Redeveloper is satisfactory.
Please be advised that in accordance with the provisions of Article 15A of the General Municipal Law, it is now necessary for Your Honorable
Body to set a date for a public hearing, and to direct the publication of a notice of said hearing. In the interest of time and anticipating that Your
Honorable Body is willing to expedite this matter, I have taken the liberty to prepare a Resolution together with a Notice of Public Hearing for your
action.
Forwarded herewith are the following documents:
1. Resolution setting Public Hearing
2. Notice of Public Hearing
3. Resolution approving proposed Land Disposition
Agreement
4 Proposed Land Disposition Agreement
After the Public Hearing is held, Your Honorable Body may adopt a Resolution authorizing the disposition of the land to the Redeveloper, which
the Agency has designated as being qualified and eligible.
REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT.
FROM THE COMMISSIONER OF STREETS
No. 53
Municipal Recycling Grants Programs (MPGP)
The City of Buffalo has applied for 50 percent reimbursement of
funds for the development and improvements of our source separation and recycling programs. This total cost of the programs is $7,155,720, with the
states share of $3,577,860.
We plan to purchase forty (40) 60/40 recycling trucks, nine (9) packers for yard waste and tire recycling programs, ninety (90) containers
and three (3) front end loaders for our Institutional Recycling Programs (schools, firehouses, police stations). Also 125,000 covered recycling containers
for paper product recycling.
The money has been set aside pending the City meets certain conditions. Most conditions have been met except for development of a Solid
Waste Management Plan. We need to hire a consultant the help develop the plan. The monies will be released when all conditions are met.
The grant, to date, is in the administrative and technical review process.
The grant specifies the purchase of 60/40 packers, but can be used to purchase any other type of recycling truck. If it is discovered the
60/40 packer is not the best recycling vehicle suited for the City of Buffalo, we have other options.
The grant monies cannot replace the money put in the 1994-95 budget and allow for other use of the budgeted money.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 54
Demolitions by City Departments
Item No. 217 C.C. P. October 4,1994
I would be happy to meet with all interested to explore the departments
involvement in the demolition process. Any involvement of the Department of Streets Sanitation will involve additional employees and equipment.
REFERRED TO THE COMMITTEE ON FINANCE.
FROM THE COMMISSIONER OF INSPECTIONS AND COMMUNITY REVITALIZATION
No. 55
Report of Pre-Demolition Asbestos
Removal for 499 Winslow Avenue
Please be advised that Pre-Demolition Asbestos Removal bid offers
were solicited by our department on December 14, 1993 and that the contract will be awarded to the following responsible bidder:
ADDRESS/ OWNER CONTRACTOR / AMOUNT OF BID
499 Winslow Avenue Zeon Corporation
City of Buffalo $3,200.00
We, therefore, respectfully request that upon approval by your Honorable Body and inspections made by this department, that the cost of
the project be charged to the Capital Projects Fund #200-241-002-00000.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 56
Information Regarding Demolition Procedures
In reference to the above stated inquiry, please be advised that
the Demolition Procedure Your Honorable Body is questioning is actually performed four (4) different ways. They are:
1. The first method is the use of the power of the Housing Court of the City of Buffalo.
2. The second and most common is performed through an administrative hearing using Section 113 of the Charter and ordinance of the City of
Buffalo.
3. The third method, and most common, is the summoning of a Contractor to an emergency site and awarding him the project on a time and
material basis.
4. The fourth and the method of the most immediate concern is the declaration of an emergency demolition that requires immediate attention.
The following is an overview of handling demolition cases through Housing Court.
All inspection files with Housing Code violations deemed so extensive, that demolition is warranted and recommended by the Inspector will be
written for Housing Court. The cases are "flagged" to alert the Court that the property, will, in all likelihood, be beyond repair and require demolition,
and thus be subject to the procedures. If possible, demolition case appearances are scheduled so they are heard on the same day(s) to facilitate
attendance by a representative from the Division of Collections. At the Court's discretion, the owner may be sentenced to fine and/or jail. It has been
suggested that the fine, or a portion thereof, as well as any jail term, may be suspended on the condition that the owner repair or demolish the property
within a given period. Later, if the owner does not comply by means of repair or demolition, the suspension may be lifted and the owner subject to the
original sentencing. Where the owner is Ordered to demolish the structure, a report-back appearance would be scheduled, at which time the owner
must have completed demolition via private arrangements or completed all required paperwork with the Division of Collections for a City-funded
demolition and repayment of costs. Where the owner is ordered to demolish the property, the demolition should be owner-arranged and owner-financed.
Where an owner expresses an inability to do so, the court may instruct the owner that City-funded demolition and a repayment plan may be available at
the discretion of the Division of Collections, after review of the owner's financial circumstance. The owner is given a period of time to complete the
Division's requirements for this, and a report-back scheduled for a final disposition. City-funding and subsequent repayment is not encouraged. It will be
incumbent on the owner to demonstrate financial need and inability to do so. If the owner's financial circumstances indicate they are able to privately
finance demolition, the Division of Collections will not offer any repayment plan. Where the owner's finances warrant, the Division can recommend a City
funded demolition and certify that a contract consenting to demolition and repayment have been completed. Once the demolition is completed, the
Division of Collections will contact the owner and, under the terms of the contract signed, negotiate a Promissory Note for repayment, and a Confession
of Judgement for breach of that Note. There will be cases where an owner demonstrates not only an inability to privately finance the demolition, but
also no means of repaying the City for funds extended. A Confession of Judgement can be obtained from the owner. However, these are considered
uncollectible.
The following is an overview of handling Demolition cases through Administrative Hearings using Section 113 of the City Code.
1. Subject property is identified by the Building Inspector.
2. The demolition package is written by the Building Inspector.
3. The demolition package is submitted to the Chief Building Inspector for review. Clerical sends complete file to the Demolition Section.
4. The demolition staff removes the request for property search and delivers this request to the Property Search Section. The completed property
search is returned to the Demolition Section. A Lis Pendens is filed in County Hall records.
5. A Demolition Hearing is scheduled in Room 304 City Hall. All owners and mortgagees are sent receipt-requested Demolition Hearing notices. A copy of
the Demolition Hearing notice is posted on the building. The Demolition Hearing is held on Room 304 City Hall. The Chief Building Inspector weighs all the
interested parties input. He reviews the Inspector's report and reviews the history of the building. If repairs to the structure are feasible, a building
"repair" permit can be issued with the stipulation that the building be in substantial compliance within thirty (30) days. If the Chief Building Inspector
decides demolition is necessary, or the thirty (30) day time period for repairs is expired, then a result letter is sent to all parties.
6. All files are reviewed by an attorney from the Law Department. If all procedures have been followed and all paperwork is in order, the Assistant
Corporation Counsel approves the subject property for demolition.
7. An Asbestos Pre-Demolition survey is performed by a licensed Asbestos Inspector. The plot plan as stated in the Building Inspectors demolition
package is updated. Special situations, such as unregistered vehicles and broken sidewalks, are verified.
8. Solicitation of Bids for Demolition:
Formal bids require advertisement in the local newspaper. Informal bids are solicited from a list of fourteen (14) separate demolition contractors. The
lowest apparent bid is then reviewed. A notice of contract award is sent to the contractor. The contractor has five (5) days to submit insurance to the
Permit office and obtain the demolition permit. The contractor then receives a notice and order to proceed. The work is to start within five (5)
business days.
9. Inspections:
The contractor has the responsibility to contact the Building Inspector of demolition for the following inspections. a) Asbestos removal b) basement
inspection and, c) final inspection. The contractor calls the Building Inspector for final inspection. If the work is acceptable, the contractor is sent
the final payment voucher.
10. Payment:
The Building Inspector for demolition signs the voucher stating the work is completed. Payment vouchers are submitted to Financial Control of Agencies
or City Audit for processing.
11. Demolition Recovery:
When the final payment to the demolition contractor is made, the file is given to the Mayor's Task Force. An information sheet is then filed and the file is
delivered to the Department of Audit and Control for collection.
12. Lis Pendens:
When the amount due on the demolition is satisfied, the Lis Pendens removal authorization letter is sent to the Corporation Counsels Office.
The following is an overview of the handling of a Demolition considered a working fire:
Last year a building was the subject of an explosion. The Fire Commissioner had his dispatcher contact the Director of Housing and Property
Inspections. The Director arrived at the site and determined that immediate action had to be taken. The late hour hindered the availability of
contractors to participate in a formal bid. A decision was made to contact a responsible contractor to perform this work and to award this job with no
bid. This job was performed on a time and material basis.
The following is an overview of the handling of an Emergency Demolition requested by the Commissioner of Fire.
When a property is severely damaged by fire and is considered a safety hazard, the Commissioner of Fire invokes the power vested in him by
Article 3, Section 261, and immediately orders the razing of the building that is severely damaged by fire. The Commissioner or Battalion Chief contacts
the Dispatcher. The Dispatcher then contacts the Director of Housing and Property Inspections. The Director of Housing and Property Inspections is
empowered by Article 8a, Section 145 to have charge of all demolition work. The fire-damaged structure is under the control of the Commissioner of
Fire until it is demolished and is made safe.
Buildings that are demolished under the control of the Commissioner of Fire are demolished with their content undisturbed. This includes
furnishings and building materials, up to and including asbestos containing materials. Once notified by the Department of Fire Dispatchers Office, The
Director of Housing and Property Inspections solicits bidders from a list of fourteen (14) separate, licensed Demolition contractors. A time of inspection
and bid is set by the Director of Housing and Property Inspections. This time is within hours of the initial call from the Department of Fire. Once the
Director of Housing and Property Inspections assembles the group of contractors at the site, specifics that pertain to the project are discussed. Once
all bidding contractors are informed of the job requirements, a public bid is held on site with all proposals publicly read.
Bids are studied by the Director of Housing and Property Inspections and the job is awarded to the lowest responsible bidder. This successful
bidder is then awarded the job and is expected to start work as soon as humanly possible, and to have the building demolished immediately. A time is
agreed upon for the contractor to start work and to complete the clean-up.
We trust this will satisfy your inquiry.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 57
Fruitbelt II New Housing Project
Community Wide Urban Renewal Homestead Program
James Management Corp. Inc., Redeveloper
The City of Buffalo Urban Renewal Agency duly designated James
Management Co., Inc., and/or a joint venture, partnership, corporation or other legal entity to be formed as the qualified and eligible Redeveloper for the
subject Project.
Please be advised that in accordance with the provision of Article 15A of the General Municipal Law, it is now necessary for Your Honorable
Body to set a date for a public hearing, and to direct the publication of a notice of said hearing. In the interest of time and anticipating that Your
Honorable Body is willing to expedite this matter, I have taken the liberty to prepare a Resolution together with a Notice of Public Hearing for your
action.
Forwarded herewith are the following documents:
1. Resolution setting Public Hearing
2. Notice of Public Hearing
3. Resolution approving proposed Land Disposition Agreement
4. Proposed Land Disposition Agreement
After the Public Hearing is held, your Honorable Body may adopt a resolution authorizing the disposition of the land to the Redeveloper, which
the Agency has designated as being qualified and eligible.
REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT.
FROM THE COMMISSIONER OF ADMINISTRATION AND FINANCE
No. 58
Grant to Purchase Packers
Item No. 214, CCP October 4,1994
New York State has $3.5 million available in grant funding for
recycling programs statewide. The terms of the grant are of a matching nature. For each dollar the City invests in a recycling program, the State will
match it dollar for dollar. It is our understanding that there is a high probability that we would be successful in obtaining this grant funding if we act
quickly.
The following contains answers to the questions posed in the above referenced Resolution:
Q: Have we applied and been awarded the grant under the condition that we will hire a consultant?
A: This is being answered by the Commissioner of Street Sanitation.
Q: Will the grant funds be released as soon as the City engages the consultant?
A: This is being answered by the Commissioner of Street Sanitation.
Q: Does the grant specify the purchase of 60/40 packers? Can the 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?
A: The grant is for recycling equipment and does not specify any specific type of equipment. Any appropriate equipment could be purchased.
Q: Can the grant replace the money put in the 1994-95 budget and allow for other use of the budgeted money?
A: No. The funding which is currently available in the City budget for this project are $600,000 in bond funds and $1,700,000 in funds provided for leasing
the packers for a total of $2,300,000. This money must be the City portion and we would seek to obtain $2,300,000 in State matching funds through the
grant.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 59
Fire Overtime
Item No. 19, CCP October 4,1994
Item No. 17, CCP September 6, 1994
This is the Budget Office's analysis of Fire Department overtime.
This analysis indicates that Fire Department overtime is primarily a result of uncontrollable time off especially personal leave and personnel who are
assigned to the 011 function but who are detailed to other areas of responsibility or are assigned to light duty.
There are 774 firefighters, lieutenants and captains assigned to the 01 1 function (Firefighting Services - "Fire Suppression"). This should
provide staffing of approximately 194 personnel for each of the 4 platoons assigned to man the 23 Engine Companies, 12 Ladder Companies and 1 Rescue
Company (36 Companies). Since minimum manning requires 4 people per Company per Platoon, the minimum number of personnel needed (active duty) per
Platoon is 144 (36 times 4). This means that there should be an extra 50 personnel per Platoon (1 94 minus 144) to cover such things as vacation,
personal leave, comp time, sickness, injury, bereavement, union business, veterans' days, military leave, etc. If vacations, comp time, veterans' days and
personal leave could be scheduled evenly throughout the year, approximately 35 personnel per platoon per shift would be scheduled off duty for those
purposes and (as was the case on August 1, 1994) if 40 personnel in total or approximately 10 people per platoon are assigned to light duty or detailed to
areas other than fire suppression and therefore unavailable to fill minimum manning needs, each platoon would have a surplus of 5 people (50 minus 35
minus 10). These 5 people above minimum manning would be the cushion available to cover for anyone who might be off duty due to sickness, injury,
bereavement, union business, military leave, etc. But vacations, comp time, veterans' days and personal leave are not, and in the case of personal leave
cannot be, scheduled evenly throughout the year. In the case of personal leave, there are occasions when quite a few people choose the same day to
take their personal leave, thus necessitating a large number of "CALL-INS." On August 1, 1994, 10 people took personal leave on the day shift necessitating
8 CALL-INS. An even distribution of vacations, comp time and veterans' days throughout the year would mean that no more than 10 people could be
scheduled each shift for personal leave time (given that no one else were off duty due to sickness, injury, bereavement, union business, military leave,
etc.) before a "CALL-IN" would have to be made. Each "CALL-IN" costs the city (for salary only) approximately $270 for a day shift and approximately
$450 for a night shift. It can be easily seen that when a large number of people choose to take personal leave on the same shift, overtime costs will be
quite high. This problem is exacerbated at certain times of the year, particularly the summer, hunting season and holidays. For example on December 25,
1993, 73 people took personal leave on the day shift requiring 60 CALL-INS.
Note: Approximately 7 people currently on light duty are not expected to return to active duty.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 60
Emergency Demolition Process
Item No. 215, CCP October 4,1994
Item No. 217, CCP October 4, 1994
It is certainly worthwhile to explore alternative methods for
emergency demolition. The Department of Administration and Finance welcomes any efforts at improvement and will cooperate in any way your
honorable body deems appropriate.
At present, our department has not yet been contacted to participate in any committee activity "to discuss the feasibility of establishing a
city demolition crew..."
Funding available for Demolitions: (in $ thousands)
1991-92 1992-93 1993-94 1994-95
Budget Actual Budget Actual Budget Actual Budget Actual
O&M 100 284 0 0 198 178 200 200
Bonds 0 0 1,200 1,122 0 0 0 0
Block
Grants 406 406 441 433 624 506 211 132
Total 506 690 l,641 1,555 822 684 411 332
REFERRED TO THE COMMITTEE ON FINANCE.
No. 61
Inventory of Equipment Purchased with Tool
Allowance and Clothing Allowance
Item No. 216, October 4, 1994
The "Collective Bargaining Agreement between the City of Buffalo,
New York and Local 264" provides for a Tool and Clothing Allowance in Articles XVIII and XXXVI respectively. These allowances to selected personnel
allow those personnel to purchase tools and uniforms which become the personal property of those personnel.
It would not be proper for management, absent union agreement, to develop an inventory policy for the personal property of employees.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 62
Explanation of Restaurant License
Item No. 206, CCP, Oct. 4, 1994
In response to Item #206 C.C.P. October 4, 1994 "Explanation of
Restaurant License "please be advised that there is much more to it than health and sanitary matters as stated in the resolution.
There are several major administrative items that the license fee covers. First, there is the notification process. Before a license can be
granted six different agencies must be notified. They are Zoning Board, County Health Department, Fire Department, structural, electrical and plumbing
offices. Approval must be received from each of the above before a licenses can be granted. Second, the power to revoke the license rests with the
License Director. Therefore, he has to act on all complaints, conduct hearings, and resolve all issues. Lastly, the license serves as a starting point for
various other licenses to include: dancing, encroachments, music, coin controlled devices, and arcade. ln summary, there is a lot of coordination and
administration involved in issuing this license for the mere fee of $31.50.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 63
Accounting System for Parking Meters
Neighborhood Business Districts
Item No. 209, CCP, Oct. 4, 1994
In response to your recent resolution, the following information
is presented in an effort to answer all your concerns.
First and foremost, the Division of Parking Enforcement is in the process of revising the present parking strategy utilized throughout the
city of Buffalo. This is a crucial time, and we are working with the Division of Treasury to ensure that all avenues are explored and fully researched
before the city commits to an automated system of meter collection and management system. We have met with a nationwide meter vendor, Duncan
Industries, to review a hardware/software program called Meter Trax. It is this type of technology that will enable the Division of Parking Enforcement
to analyze and review the success of meter locations, as well as computerize the meter repair function.
As you stated correctly, parking meters have two primary functions. One is to control short term parking and quick turn over. This is to
benefit business and hospital districts wherein all day parking would cease to exist, thus enabling short term parking. The other primary function is, as
you stated, a revenue source. There again the emphasis of a meter tracking program is our foremost goal. With this technology you can track the
revenue from each and every meter.
Finally, please be assured that any new meter installations will not be done unless the Division of Parking Enforcement can determine positive
economic and productive value.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 64
Illegal Parking - 172 Broadway
Item No. 93, CCP, Oct. 4, 1994
The City of Buffalo has no intentions of compensating for parking
at 172 Broadway nor will the City assume any liability. The City had no business erecting the No Parking sign except for City of Buffalo Employees and all
laws regarding parking on private property apply. The employees, however, still have the right to compensate Mr. Jones on a one to one basis if they
still desire to park there. Mr. Jones still has the right to have any illegally parked vehicles ticketed and towed off his property.
REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CORPORATION COUNSEL.
No. 65
Parking Behind Shea's
This is in response to correspondence from Mark S. Amo and to
update Your Honorable Body as to our progress involving the emission of diesel exhaust and the disruption caused by the various vehicles parked behind
the Shea's Buffalo Theatre.
Leonard G. Sciolino, Director of Parking Enforcement met with Pat Fagan, Executive Vice President and Chief operating officer of the Shea's
and Lt. George Thomas from Police Headquarters.
The remedies he proposed which Mr. Fagan will be looking into are:
1). Venting the diesel exhaust either through a 1001 corrugated pipe away from that area.
2). Purchasing a filter system to insert into the stacks that are emitting smoke.
3). Remove the vehicles two blocks away from the residential area.
4). Shutting down the diesel engines to curtail noise abatement.
We are sure we will remedy this problem shortly.
REFERRED TO THE COMMITTEE ON LEGISLATION.
FROM THE COMMISSIONER OF HUMAN RESOURCES
No. 66
King Urban Center-Request Funds- El Museo Gallery
Item No. 134, CCP, 7/26/94
In response to your request, please be advised that the entire
allocation of 20th year Community Development Block grant funds have been committed to specific human service programs and that no additional funds
are available.
I would recommend that this agency, along with any other human service agencies attend the public hearing on the 21st year for the
Community Development Program which should be held in December, 1994 or January, 1995. Additionally, specific requests can be directed to individual
council members for inclusion in next year's CDBG proposal.
RECEIVED AND FILED.
No. 67
Permission To Accept State Grant on Behalf of Women for Human Rights and Dignity, Inc.
I hereby. request immediate permission from your Honorable Body
to authorize the Commissioner of Human Relations to accept a grant from the New York State Division of Criminal Justice Services for the purpose of
enabling Women for Human Rights and Dignity, Inc. to conduct an Anti-Drug Abuse Act program.
This grant will, enable Women for Human Rights and Dignity, Inc. to carry our the program as detailed in the attached "Project Description,
goals, Objectives and Performance Measures" and the accompanying '"Project Budget" in the amount of $50,000.
This Department has reviewed the contract and Mayor Anthony M. Masiello has executed this agreement in accord with New York State
procedures that mandate such funds be accepted by the local municipality.
I further request immediate passage of this item since we were unaware of the necessity of Common Council approval for the acceptance of
such funds. Inasmuch as immediate reimbursement is needed to process payroll and other budget expenditure items, I respectfully request immediate
approval of this item.
Mr. Pitts moved:
That the Common Council hereby authorizes the Commissioner of Human Resources to accept the grant in the amount of $50,000 from the
New York State Division of Criminal Justice Services for the purpose of enabling Women for Human Rights and Dignity, Inc. to conduct an Anti-Drug Abuse
Act Program.
PASSED.
AYES- 13 NOES- 0.
No. 68
Certificate of Appointment
Appointment Effective March 24, 1994 in the Department of Human
Resources Division of Substance Abuse Services, Sharon M. Loubert, 906 Prospect Avenue Buffalo 14213, to the Position of Fiscal Supervisor, Provisional,
at the Maximum Starting Salary of $32,395.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
FROM THE COMMISSIONER OF GENERAL SERVICES
No. 69
Vehicle Auctions
The Department of General Services will be holding three auctions,
on October 14, 1994, October 21, 1994, and October 24, 1994 of obsolete vehicles and equipment as per the attached lists.
All of the equipment on the fist is certified as unusable by the City representatives of each Department.
In order to facilitate the collection of proceeds from the auction sale and to minimize the time required to remove such sold items from City
premises, thereby reducing the potential for vandalism of vehicles and parts, the Department of General Services is asking for permission from the
Council to pre-approve the sale of vehicles and equipment as per the attached lists.
Mr. Pitts moved:
That the Common Council hereby authorizes the Commissioner of General Services to hold three auctions on October 14, 1994, October 21,
1994 and October 24, 1994 to sell obsolete vehicles and equipment.
PASSED.
AYES- 13 NOES- 0.
FROM THE CIVIL SERVICE COMMISSION
No. 70
Residency - Director of Planning
Item No. 56, May 10, 1994
At a meeting held on September 28, 1994, the Commission considered
the residency of Mr. Kevin Greiner, who has been appointed Director of Planning.
Please be advised the Commission has corresponded with Mr. Daniel Bicz, Commissioner of Community Development, and Mr. Greiner
concerning this matter.
Upon receipt of confirmation of Mr. Greiner's new address or a request for waiver of residency, you will be notified of same.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
FROM THE CITY CLERK
No. 71
Appointment of Marriage Officer
I hereby request that Councilmember Kevin J. Helfer be appointed
as Marriage Officer for the City of Buffalo for a term effective September 12, 1994 and ending December 31, 1997.
This request is made pursuant to Chapter 49 of the Laws of New York State 1988, which allow a governing body the right to appoint
Marriage Officers, who then will have the authority to solemnize marriages for a period of time not to exceed four (4) years.
Mr. Pitts moved:
That the communication from the City Clerk, be received and filed; and
That Councilmember Kevin J. Helfer be appointed as Marriage Officer for the City of Buffalo for a term effective September 12, 1994 and
ending December 31, 1997 be, and hereby is confirmed.
ADOPTED.
No. 72
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- Thomas DiMarie, Daniel Derfert
Fire- Lt. James Hynes
Human Resources- Sophia Kubicki
RECEIVED AND FILED.
No. 73
Leaves of Absence Without Pay
I transmit herewith notifications received by me, reporting the
granting of the leaves of absence without pay, in the various departments as listed:
Public Works- Donald Geary
Street Sanitation-Raymond Sugg
Human Resources-Edwin Hernandez
RECEIVED AND FILED.
No. 74
Reports of Attendance
I transmit herewith communications received by me, from the various
boards, commissions, agencies and authorities reporting the membership attendance at their respective meetings:
Board of Stadium and Auditorium
Buffalo Sewer Authority
Municipal Housing Authority
Zoning Board of Appeals.
RECEIVED AND FILED.
No. 75
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 October 4, 1994 in the Department of Mayor's Office Division of Youth Opportunity and Employment Programs, to the Position of
Intern II, Seasonal, at the Flat Starting Salary, of $4.25 hr.
Rebecca Belesovski, 519 Linwood Ave., Buffalo, NY 14209
Alan M. Holmes, 2986 Bailey Ave. Buffalo, NY 14215
Tod A. Kniazuk, 316 Willett Street,
No. 76
Notices of Appointments - Seasonal/Flat
I transmit herewith certificates received by me, reporting seasonal
and flat salary appointments made in various departments.
RECEIVED AND FILED.
BOARD OF STADIUM & AUDITORIUM
Appointment Effective October 5, 1994 in the Department of Stadium
& Auditorium Division of Memorial Auditorium, Gerald J. Brinkworth, 205 Marine Dr. Apt. 9A to the Position of Laborer I, Seasonal at the Flat Starting
Salary of $6.22 hr.
Appointment Effective October 6, 1994 in the Department of Stadium & Auditorium, Division of Memorial Auditorium to the Position of Sr. First
Class Stat. Eng. Temporary, at the Flat Starting Salary of $ 7.33 hr.
Gregory J. Palamara, 186 Saranac Ave., Buffalo, NY 14216
Mark E. Meyers, 1299 Seneca St., Buffalo, 14210
DEPARTMENT OF PARKS
Appointment effective October 10, 1994 in the Department of Parks,
Division of Recreation to the Position of Refrigeration Plant Engineer, Seasonal, at the Flat Starting Salary of $6.91 hr.
Walter Burshtynski, 126 Bird Avenue, Buffalo 14213
Mark Blake, 158 Dundee, Buffalo 14213
Timothy Whalen, 78 Olcott St., Buffalo 14220
Appointment Effective October 10,1994 in the Department of Parks, Division of Recreation, to the Position of Refrigeration Plant Engineer,
Seasonal, at the Flat Starting Salary of $6.91 hour.
John Kubula, 25 Bridgeman, Buffalo 14207
Howard Melcher, 210 Riverside, Buffalo 14207
Appointment effective October 13,1994 in the Department of Parks, Division of Recreation to the Position of Refrigeration Plant Engineer,
Seasonal, at the Flat Starting Salary of $6.91 hour.
Ray Boyer, 435 East Street, Buffalo 14207
Timothy Higgins, 110 Ridgewood, Buffalo 14220
John Mann, 35 Trowbridge Street Buffalo 14220
John Marchitte, 430 14th Street, Buffalo 14213
Appointment effective October 5, 1994 in the Department of Parks, Kevin Czuprynski, 57 Fredro St., Buffalo 14206, to the Position of Laborer II Seasonal,
at Flat Starting Salary of $ 6.92 hr.
No. 77
Appointments - Temporary, Provisional or Permanent
I transmit herewith Appointments in the various departments made
at the Minimum (Temporary, Provisional or Permanent) and for Appointments at the Maximum (as per contract requirements) .
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
DEPARTMENT OF AUDIT & CONTROL
Appointment Effective: October 12, 1994 in the Department of Audit
and Control, Division of Accounting ,Ronald N. Lunghino, 314 St. Lawrence Avenue, Buffalo NY 14216 to the Position of Senior Accountant, Temporary, at the
Minimum Starting Salary of $30,635.
DEPARTMENT OF PUBLIC WORKS
Appointment Effective October 3, 1994 in the Department of Public
Works Division of Water, Eddie L. Williams, 13 Girard Place, Buffalo, New York 1421 to the position of Maintenance Assistant-Water, Permanent at the
Minimum Starting Salary of $23,210.
DEPARTMENT OF POLICE
Appointment Effective Monday,, October 10, 1994 in the Department
of Police Flora Palumbo, 420 Seventh Street, Buffalo 14201 to the Position of Permanent School Crossing Guard at the Minimum Starting Salary of $5.71 hr.
DEPARTMENT OF LAW
Appointment effective October 11, 1994 in the Department of Law,
Paul Volcy, 407 W Delavan Ave. Buffalo, NY 14213 to the Position of Assistant Corporation Counsel II, Permanent, at the Minimum Starting Salary of
$45,335
NON-OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES
NON-OFFICIAL COMMUNICATIONS
No. 78
E. BOGOM
Encroachment - 2030 Hertel
I represent Edward & Fannie W Bogom, owners of property located
at 2030 Hertel Avenue in the City of Buffalo. The owners have contracted to sell the property, and have subsequently became aware that the structure
located on the premises encroaches in Beard Avenue. The encroachment is highlighted on the attached copy of a survey prepared by Ray L. Sonnenberger
(Job No. 94-360).
I am informed that the structure has been standing in its present location in excess of 80 years. Therefore, the current owners are
confronted with a difficulty not of their own making, but a difficulty which nonetheless presents a hardship and potential obstacle to the sale of the
property. As shown in the attached photographs, the structure does not interfere with the use of Beard Avenue or its adjoining sidewalk by the public.
Under these circumstances, it would not appear that the strip of land bearing the encroachment is a necessary component of the City right-of-way. It
also appears that the strip, constituting as it does a portion of right-of-way, has no discernible market value.
Based upon the foregoing considerations, I hereby respectfully request that your Honorable Body abandon this portion of the Beard Avenue
right-of-way and authorize conveyance to my client for nominal consideration.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE COMMISSIONER OF PUBLIC WORKS AND THE CORPORATION COUNSEL.
No. 79
P. GEORGIADIS
Use 1081-1085 Elmwood Avenue
If I successfully conclude my purchase of the property located
at 1081-1085 Elmwood Avenue, I will construct my restaurant in accordance with the plans previously submitted and approved.
Furthermore, regarding the issue of parking spaces, I will allow the customers only of retail merchants located on Elmwood Avenue, between
Bird Avenue and Forest Avenue, to use my parking lot without charge while shopping with those merchant This parking shall not be allowed for (a)
merchants or employees of merchants, (b) overnight parking, (c) students, or (d) general residents of area, unless, of course, they are parking while
patronizing my restaurant.
Thank you for your continued cooperation.
REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD.
No. 80
CROSSROADS
Affirmative Action Plan
This letter is being written at your request to confirm the CAC's
agreement to implement, in accordance with its terms, the Affirmative Action/Equal Employment Opportunity Hiring Plan which was negotiated with the
City (State and county) and which is fully set forth in the Affirmative Action/Equal Opportunity Hiring Plan filed with the City on October 14, 1994.
RECEIVED AND FILED.
No. 81
KAVINOKY & COOK
First Amendment To Interim
Development Agreement
As arranged with the City Task Force on the Crossroads Arena Project,
we deliver to you herewith for the October 18 , meeting of the Common Council the First Amendment to the Interim Development Agreement (respecting
the Crossroads Arena Project). Attached to this document are exhibits consisting of an Interim Non-Relocation Agreement and a financial guaranty to
the City from the Niagara Frontier Hockey Limited Partnership. Corporation Counsel Edward Peace will file with you separately for said Council meeting
an Affirmative Action Plan which is also an exhibit to the First Amendment to the Interim Development Agreement.
Thank you for your courtesies.
Mr. Pitts moved:
That this Common Council approves, and the Mayor of the City of Buffalo hereby is authorized to execute or accept on behalf of the City the
First Amendment to the Interim Development Agreement, the NFHLP Guaranty, the Affirmative Action/Equal Opportunity Hiring Plan and Agreement, and
the Interim Non-Relocation Agreement; and further
That the First Amendment shall provide that there shall e no Obligation an the part of the City or SURA to advance funds to CAC or NFHLP for
Interim Development Costs undertaken by them pursuant to the First Amendment unless and until (1) the NHL has consented in writing to the Interim
Non-Relocation Agreement in form satisfactory to the Corporation Counsel, (2) the Interim Non-Relocation Agreement and the NFHLP Guaranty are fully
and finally effective and binding upon CAC and NFHLP in accordance with their terms and conditions and (3) all legal matters as to such agreements and all
exhibits thereto have been approved in writing by the Corporation Counsel and any changes required by him have been incorporated into such documents.
Copies of the consent of the NHL, the final form of such agreements and the approval of the Corporation Counsel shall be filed with the Common Council
for such further action an the Common Council shall take with respect thereto. Pending completion of the foregoing matters, "Early Entry" onto the
Project Site may be allowed at the sole cost and expense of CAC and/or NPHLP upon the terms of the First Amendment and the NFHLP Guaranty except
those pertaining to the advance of funds by the City or BURA.
PASSED.
AYES- 13 NOES- 0.
No. 82
NANCY MILOFF
Protest Bid Award
Riverside Rink Concession
Regarding my bid for the Riverside Ice Rink Concession, am filing
a protest concerning the out come of the bid. My bid that I submitted was higher than the concessionaire who has been in the concession for ten years.
I was told at the bid opening that I had won. When I called Dan Durawa to find out about getting into the concession. He informed me that he
decided not to give me the contract, based on the fact that it was so close to the opening date. Dan said he received some phone calls requesting that the
present concessionaire be renewed. Since he lives in the Riverside area and sponsors a hockey team. Residency was not a requirement. I feel it is the
parks departments responsibility to present the opportunity to bid in a timely fashion. The bids where sent out late. I made several calls since May to
the parks department and purchasing, to find out when the bid packets would come out. As far as the phone calls from community leaders and those
involved in city and neighborhood politics having a say in the matter, this is collusion. I was told that because I had only outbid Mr. Shylo by $37.00 it was
too close. There was no stipulation that the bid had to be a certain dollar amount over the other bids. I was also told that Mr. Shylo's past experience
was also taken into account. I am as qualified if not more than Mr.Shylo, I have vast restaurant experience. I did the hiring and training for five
McDonald. I worked my way up to first assistant of a million dollar store. I ran our hot dog stand in Canada along with my husband for a period of four
years. I also did the hiring and training for my sister, when she acquired her first McDonald. I assisted her in running that store, and assisted her when
she took over her second one.
With my vast experience and reputation as a hard working, responsible person who bid higher- than the present concessionaire. I feel I was
discriminated against as a women and a non-resident. I am asking the council to reconsider the awarding of the Riverside Concession.
REFERRED TO THE COMMITTEE ON FINANCE, THE COMMISSIONER OF PARKS AND THE CORPORATION COUNSEL.
No. 83
R. SALVADOR
Request Relief On Housing
Court Matters
An appeal to everyone who believes in civil rights Help wanted
to clear his name --- a victim of malicious abuse of process
I am writing for my good friend, Robert SaLvador, who does not have the ability nor resources to represent himself, due to emotional
distress caused by a high-handed individual working for city hall.
A few years ago, Mr. SaLvador, a Canadian, invested in inner-city BuffaLo houses with the idea of joining in the efforts to revitalize the
east-side. Prior, the flight of LandLords from Buffalo had created a visible deterioration in the quality of Life there. Mr. Salvador, perhaps naive about
BuffaLo's east-side culture, proceeded to invest substantial amounts of money in improving and renovating his properties. He also encouraged others to
join in the movement to save the inner city. As a result, several other Canadian investors also invested in the homes and apartments in Erie and Niagara
counties. But the dream soon turned into a nightmare.
Mr. SaLvador hired a local property manager and turned over the finances to this individual. After allowing the manager much leeway in
managing and maintaining the properties, it soon became apparent that she was in breach of their contract, and was rather negligent. The "blank
check" given this manager over the bank account became a "bottomless money pit" --- there were just too many conflicts of interest, and perhaps too
much temptation. Mr. Salvador was also guilty of being too trustful and naive about property-management practices. Finally, Mr. Salvador had to fire the
property manager over the lack of accounting and missing records. Then the real problems started.
Having no one locally to handle his affairs, Mr. Salvator found the Buffalo properties impossible to handle from Toronto, which is 90 miles
away. For instance, one day a tenant was raided for drugs and hauled away by police. Another tenant turned out to be a criminal, who caused a fire on a
property. Other tenants took the government rent checks and pocketed them, knowing that Mr. Salvador wouldn't be able to evict easily without a
property manager. Getting workmen to repair homes was nearly impossible --- contractors refused to work on the eastside because they bad been
"occasionally shot at, by strangers." You probably already know about the hazards of Buffalo's east-side.
Yet, he went ahead with renovations and improvements, buying American building products. Since there are few investors working to
improve inner city Buffalo properties, Mr. SaLvador probably made the Local hardware suppliers very happy. However, it was a nearly impossible job, as
finding decent workcrews became a problem.
Other troubles surfaced out of nowhere. Once, Mr. Salvador hired a local handyman --- who turned out to be a car thief! Mr. Salvador then
made the serious mistake of helping the victim and the police locate the car thief, who used a crafty two-way address nearby. He made a second
mistake of notifying police about the brother of a tenant who was "wanted." Then other tenants ripped apart his renovated properties and stole
everything that wasn't bolted down, including furnaces and fire extinguishes.In short, Mr. Salvador became a victim of the underworld culture of the
inner city. And because of his voluntary assistance to the police, he heard someone would "take revenge" on him, Relatives of these criminals lived in the
area! Subsequently, Mr. Salvador wisely decided that it would not be healthy to be seen in the area.
Sadly, he eventually had to board up the properties, after having gone through nearly continuous renovations on them. He lost nearly
everything in his quixotic east-side venture. He wrote the County and City to auction off his properties, but no one took any notice.
Now, we come to the point of this story: On September 27, 1994, Mr. Salvador was informed by housing court Judge Robert Russell that a
warrant of arrest had been issued on September 2nd based on a "registered letter refused by you." The documents received on September 27th
indicate that a building inspector, Brian Hayden, had sworn a summons for Mr. Salvador to appear in housing court. Apparently, this summons was
served thru the mail, which Mr. Salvador was alleged to have refused. There are a few discrepancies with this procedure, which need to be itemized
below:
1)The procedures at the City's building department called for a Violation Notice to be issued for 30 days as an initial communication to the property
owner. Mr. SaLvador never got one.
2)The next step was supposed to be a "5-day notice," which Mr. SaLvador., again, never received.
3)The third step would be a summons to housing court. In this particular case, the court used an peculiar procedure of using some kind of registered
mail delivery --- not a personal service that could be attested to, with a corresponding "Affidavit of Service." (Mr. Salvador was aware of about this
original mail-summons. He did not "refuse delivery" as it is alleged. He was not active in business affairs and has not been involved in receiving mail for
months, due to medical reasons. An affidavit copy attesting to this fact is enclosed.)
4)All of sudden, he is advised that a housing court "warrant" has been issued for his arrest on docket no. H1237/94!
You may want to know about the man behind the name. Here's a little bit of information on Mr. Salvador: He's not the "scumbag slumlord"
you might imagine. He has two children, nicknamed,by the press as "Stephanie Appleseed," and "Mark of the Trees," for their work for the environment.
His wife is a volunteer aerobic instructor for senior citizens. She was also the "Lead instructor" for the Mayor's WaLk, a local health-promotion
effort. The family's tree-planting efforts were featured in the press. Is Robert the kind of family man who should e arrested?
There's more: During better times, he funded scholarships that produced a teacher, engineer, and a doctor. Robert's mother is a community
volunteer who as been called to the Vatican to receive the PapaL MedaL, their highest award of a lay person. His dad was active in service clubs, small
business, and an Olympic archer. He has never been convicted of anything worse than a traffic violation. can you see the human dimension better now?
Can you understand why his matter is so upsetting to this citizen? This injustice should not happen to decent human being!
There is a larger, more ominous issue behind this incident: The loss of Due Process. Your elder American statesmen warned you about the
erosion of freedoms to usurpers. Do Americans want to see their rights slowly taken away by high-handed civil servants? What rights and freedoms
will they take away next? And who will be their next victim --- some far away helpless, naive, Canadian resident? Or perhaps, an American homeowner
from your quiet suburbs? When will the "Paul Reveres" among you wake up, and sound the alarm --- to the danger to freedom itself?
Please Look into this matter and intercede in whatever way you can. I just can't do it from Ontario. All I want is to have the threat of that
arrest warrant, that "DamocLes Sword," removed from Mr. Salvador's head. Let the City's BuiLding Department do their job, but Let them do it through
the proper procedures and Due Process.
REFERRED TO THE COMMITTEE ON FINANCE, THE COMMISSIONER OF INSPECTIONS & COMMUNITY REVITALIZATION AND THE CORPORATION COUNSEL.
No. 84
BUFFALO SABRES
Affirmative Action Plan
This letter is being written at your request to confirm the Buffalo
Sabres' agreement to implement, in accordance with its terms, the Affirmative Action/Equal Employment Opportunity Hiring Plan which was negotiated
with the City (State and County) and which is fully set forth in the Affirmative Action/Equal Opportunity Hiring Plan filed with the City on October 14,
1994
RECEIVED AND FILED.
No. 85
TCI EAST, INC.
FCC Forms For Rate Increase
On behalf of your local TCI-affiliated cable operator, please
find enclosed the FCC forms 1210 and 1215. As you may already know, the attached filing is required whenever an operator requests an adjustment to the
maximum permitted rate.
We have attempted to strictly comply with all applicable FCC requirements and feel that the attached submission represents a good faith
filing. However, given the considerable uncertainty surrounding the regulatory process, we hereby reserve the right to make future corrections to
this filing. The operator further requests the right to make future adjustments to the attached filing, to the extent any computation errors were made.
Such latitude is essential given the confusion surrounding this process.
We appreciate your patience and understanding as we strive to comply with all of the provisions of the 1992 Cable Act. If you have any
questions or concerns about this filing, please bring them to the attention of your local TCI-affiliated cable manager, Paul Meegan. He will do his best to
answer your questions or get you the answer in a timely manner. Considering the complexity of the 1992 Cable Act we hope you will work with us as we
work to fully comply with the law.
REFERRED TO THE SPECIAL COMMITTEE ON CATV AND THE CORPORATION COUNSEL.
PETITIONS
No. 86
P & R Railroad, owner, Use 711 city line south
for a storage building.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD,
AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT.
87
Diocese of Buffalo, petition to Use 137 Mulberry for a halfway house.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD,
AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT.
No. 88
A.Lunetta, owner, petition to use 1278 Hertel Avenue to enlarge a sit-in restaurant for rest roams/storage preparation area and an outdoor patio.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD
AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT.
No. 89
Debra Sidel, owner, petition to use 1081 Elmwood Avenue for a sit-in restaurant with parking.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD,
AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT.
CIVIL SERVICE
HON. ROSEMARY LOTEMPIO
CHAIRMAN
No. 90
Update on Residency Waivers (CSC)
(Item # 57 CCP September 20, 1994)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 91
Appointment
Street Sanitation/Tractor Trailer Operator
That Communication No. 80, C. C. P., Sept. 6,1994 be received
and filed and the temporary appointment of Anthony P. Gallo stated above at the intermediate salary of $26,392, effective July 1, 1994, is hereby
approved.
PASSED.
AYES- 13 NOES- 0.
No. 92
Information- Appointment of Tractor Trailer Operator (Sts)
(Item # 64 CCP October 4, 1994)
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
No. 93
Appointment
Public Works/Engineering Aide
That Communication No. 48, C.C.P., Oct. 4,1994 be received and
filed and the permanent appointment of Joseph Poltorak stated above at the intermediate salary of $24,407, effective Sept. 20. 1994, is hereby
approved.
PASSED.
AYES- 13 NOES- 0.
No. 94
Appointment
General Services/Sr. Clerk
That Communication No. 78, C.C.P., Oct. 4,1994 be received and
filed and the provisional appointment of Gail A. Lis stated above at the maximum salary of $23,919, effective Sept. 28, 1994, is hereby approved.
PASSED.
AYES- 13 NOES- 0.
No. 95
Notice of Appointments - Temp/Prov. (C. Clerk)
(Item # 87 CCP October 4, 1994)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
FINANCE
HON. DAVID A. COLLINS
CHAIRMAN
No. 96
Grant to Purchase Packers
(Item No. 214, C.C.P., Oct. 4, 1994)
That this Common Council would like the following questions answered
by the Departments of Public Works, Street 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 that 60/40 packer is not the best truck for the City of
Buffalo? Can the grant replace the money put in the 1994-95 budget and allow for other use of the budgeted money?
ADOPTED.
No. 97
Relinquish Jurisdiction - Precincts 8, 9, 1-5, 17 (PW)
(Item # 39 CCP September 6, 1994)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 98
Negotiate Private Sale - 184 Barton Street
Community Center
(Item No. 163, C.C.P., Sept. 6, 1994)
That this Common Council request the Department of Public Works,
Division of Engineering to survey the building at 184 Barton Street and determine the feasibility of conversion for use as a Police Station/Community
Center; and
That this Common Council request the Comptroller to begin negotiations for acquisition of the property at 184 Barton Street to be finalized
only after the feasibility of conversion is determined by the Department of Public Works and the Police Department.
ADOPTED.
AYES- BELL, COLLINS, COPPOLA, CZAJKA, FAHEY, FRANCZYK, HELFER, LOCKWOOD, LOTEMPIO, PERLA, PITTS, ZUCHLEWSKI- 12.
NOES- ARTHUR- 1.
No. 99
Results of Negotiations - 640 Michigan
(Item No. 31, C.C.P., July 26, 1994)
(Item No. 115, C.C.P., Oct. 4, 1994)
That the above item be, and the same hereby is, returned to the
Common Council without recommendation.
Mr. Collins moved:
That the offer of Mr. Gerald Kayser of Twins Partnership, 327 Elm Street, the sum of $400.00 (Four Hundred Dollars) to purchase the
property described as 640 Michigan, 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 terms of sale upon with 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 will be paid by the purchaser.
PASSED.
AYES- 13 NOES- 0.
No. 100
Compromise Purchase Price -1415 Fillmore
(Item No. 203, C.C.P., Oct. 4, 1994)
That this Common Council hereby authorizes the Comptroller to
accept from Community Springboard, Inc. a compromise purchase price of $6,250 (Six Thousand Two Hundred and Fifty Dollars) for the city owned
property at 1415 Fillmore Avenue.
PASSED.
AYES- 13 NOES- 0.
No. 101
Ordinance Amendment - Chapter 307
(Parking and Parking Lots)
(Item No. 211, C. C. P., Sept. 20, 1994)
That the Ordinance Amendment as contained in Item No. 21 1, C.C.P.,
September 20, 1994, be, and the same hereby is approved.
PASSED.
AYES- 13 NOES- 0.
No. 102
Report of Bids - Sludge Discharge Connection to
Buffalo Sewer Authority
(Item No. 31, C.C.P., Oct. 4, 1994)
That the Commissioner of Public Works be, and he hereby is, authorized
to award an emergency contract for Sludge Discharge Connection to Buffalo Sewer Authority, Contract No. 25, to Kandey Company, Inc., in the amount of
$92,000.00. Funds for this work are available in the Division of Water's 416-982-016 account.
PASSED.
AYES- 13 NOES- 0.
No. 103
Report of Bids - Small Animal Shelter - 380 Oak Street
(Item No. 32, C.C.P., Oct. 4, 1994)
That the Commissioner of Public Works be, and he hereby is, authorized
to award contracts for the Small Animal Shelter for General Construction to Fountain Construction in the amount of $563,000; for Plumbing Work to
M.K.S. Plumbing in the amount of $87,187; for Heating & Ventilating Work to Buffalo Sheet Metals in the amount of $67,900; for Electrical Work to Grand
Island Electric, Inc. in the amount of $67,107; the lowest responsible bidders. Funds for this work are available in B/F 200-402-099 Division of Buildings.
PASSED.
AYES- 13 NOES- 0.
No. 104
Report of Bids - 1021-1027, 1029, 1031-1033 Broadway
Demolition and Asbestos Removal
(Item No. 57, C.C.P., Oct. 4, 1994)
That the above item be, and the same hereby is, returned to the
Common Council without recommendation.
Mr. Collins moved:
That the Commissioner of Community Development be, and he hereby is, authorized to award a contract for Building Demolition and Asbestos
Removal at 1021-1027, 1029 and 1031-1033 Broadway, to Kimmins Corporation, the lowest responsible bidder in the amount of $283,500, funds are available
in Community Development Bond Account #200-717-046.
PASSED.
AYES- 13 NOES- 0.
No. 105
Report of Emergency Bid
Demolition 711 Best Street, etc.
(Item No. 68, C.C.P., Oct. 4, 1994)
That the award by the Commissioner of Inspections and Community
Revitalization of an emergency demolition contract to Maplewood Construction at a cost of $7,333.00, relating 711 Best Street; to Cedar Wrecking &
Salvage at a cost of $9,000.00 relating to 374 Hickory Street; to Integrated Waste Special Services at a cost of $7,000.00 relating to 125 Ruhland and
Garage, are hereby confirmed, ratified and approved, with said cost to be charged again the Capital Outlay Account #100-241-084-00-900.
PASSED.
AYES- 13 NOES- 0.
No. 106
Report of Emergency Bid
Demolition 432-438 Connecticut Street, etc.
(Item No. 69, C.C.P., Oct. 4, 1994)
That the award by the Commissioner of Inspections and Community
Revitalization of an emergency demolition contract to Cedar Wrecking & Salvage at a cost of $19,000.00, relating to 432-438 Connecticut Street; to
Maplewood Construction at a cost of $6,222.00 relating to 137 Shumway, are hereby confirmed, ratified and approved, with said cost to be charged
against the Capital Projects Fund #200-241-002-00000.
PASSED.
AYES- 13 NOES- 0.
No. 107
Report of Emergency Bid
Demolition 114 Woltz Avenue
(Item No. 70, C.C.P., Oct. 4, 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 114 Woltz Avenue, is hereby confirmed,
ratified and approved, with said cost to be charged against 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.
PASSED.
AYES- 13 NOES- 0.
No. 108
Change Contract
Waterline Replacement - Various Streets
(Item No. 36, C.C.P., Oct. 4, 1994)
That the Commissioner of Public Works be, and he hereby is, authorized
to issue change order #3 to Kandey Company, Inc. in the amount of $4,014.80 for Waterline Replacement - Various Streets, City Contract No. 91719600,
with said cost to be credited against Division of Water's 416 Capital Project Fund, 980-060 account.
PASSED.
AYES- 13 NOES- 0.
No. 109
Change Contract
Windows - Col. Ward Pumping Station
(Item No. 39, C.C.P., Oct. 4, 1994)
That the Commissioner of Public Works be, and he hereby is, authorized
to issue change order #1 to Nichter Construction Company, Inc. in the amount of $8,307.86 for New Windows at Col. Ward Station Complex, Phase 11,
Contract No.91755800, with said cost to be charged against Division of Water's 416 Capital Project Fund, 980-043-00-000 account.
PASSED.
AYES- 13 NOES- 0.
No. 110
Parkside Candy - Waive Interest 3208 Main
(Item # 127 CCP October 4, 1994)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 111
Bristol Homes - Object to Fees
(No. 90, C.C.P., Oct. 4, 1994)
The above mentioned Item be and the same is hereby referred to
the Committee on Legislation.
ADOPTED.
No. 112
Assoc. Health Care - Request Handicap Parking
(Item # 62 CCP June 14, 1994)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 113
Relocation of Advocacy office
(Item # 158 CCP September 6, 1994)
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
No. 114
Liquor License Application - 2192 Niagara (C. Clerk)
(Item # 122 CCP July 26, 1994)
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
No. 115
Liquor License reply - 2192 Niagara (Assmt)
(Item # 22 CCP September 6, 1994)
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
No. 116
Liquor License Reply - 2192 Niagara (PW)
(Item # 40 CCP September 6, 1994)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 117
Liquor License Reply - 2192 Niagara (ICR)
(Item # 73 CCP October 4, 1994)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 118
Liquor License Reply - 2192 Niagara (Pol)
(Item # 49 CCP September 20, 1994)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 119
Liquor License Application - 1417 Genesee (C. Clerk)
(Item # 101 CCP September 6, 1994)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 120
Liquor License reply - 1417 Genesee (Assmt)
(Item # 30 CCP September 20, 1994)
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
No. 121
Liquor License Reply - 143-7 Genesee (PW)
(Item # 39 CCP September 20, 1994)
That the above mentioned 'Item be and the same is hereby received
and filed.
ADOPTED.
No. 122
Liquor License Application - 2134 Seneca (C. Clerk)
(Item # 62 CCP September 20, 1994)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 123
Liquor License reply - 2134 Seneca (Assmt)
(Item # 24 CCP October 4, 1994)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 124
Liquor License Reply - 2134 Seneca (PW)
(Item # 28 CCP October 4, 1994)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 125
Liquor License Application - 45 Chippewa (C. Clerk)
(Item # 81 CCP October 4, 1994)
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
No. 126
Liquor License reply - 1224 Hertel (PW)
(Item # 47 CCP July 26, 1994)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 127
Liquor License Reply - 951 Delaware (ICR)
(Item # 103 CCP July 26, 1994)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 128
Liquor License reply - 274 Delaware (ICR)
(Item # 104 CCP July 26, 1994)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 129
Consultant for City's Re-engineering Study
(Item No. 76, C.C.P., Oct. 4, 1994)
That KPMG Peat Marwick be, and is hereby approved as the consultant
selected to perform the City of Buffalo's Re-Engineering Study.
ADOPTED.
AYES- BELL, COLLINS, CZAJKA, FAHEY, FRANCZYK, HELFER, LOCKWOOD, LOTEMPIO, PERLA, PITTS, ZUCHLEWSKI- 10.
NOES- ARTHUR, COPPOLA, ZUCHLEWSKI- 3.
LEGISLATION
HON. ALFRED T. COPPOLA
CHAIRMAN
No. 130
Tried Stone Baptist, Petition To Use 767-769 Humboldt
(Item No. 98, C.C.P., Oct. 4, 1994)
That after a public hearing before the Committee on Legislation
on October 11, 1994, the petition of Tried Stone Baptist, owner, permission to use 767-769 Humboldt for a parking lot be, and hereby is approved with the
condition that the off-street parking lot be in compliance with the applicable codes and ordinances of the City of Buffalo.
PASSED.
AYES- 13 NOES- 0.
No. 131
West Side Rowing Club, Petition To Use 40 Porter Avenue
(Item No. 84, C.C.P., Sept. 20, 1994)
That after a public hearing before the Committee on Legislation
on October 11, 1994, the petition of West Side Rowing Club, petition to use 40 Porter Avenue for a one story metal storage addition be, and hereby is
approved.
PASSED.
AYES- 13 NOES- 0.
No. 132
NYSDEC - Lead Agency Designation
Gelinmac Corporation
(Item No. 95, C.C.P., Oct. 4, 1994)
That this Common Council consents to the designation of the Department
of Community Development, Environmental Management Commission as the Lead Agency under the New York State Environmental Quality Review Act for
Gelinmac Corporation.
ADOPTED.
No. 133
NYSDEC - Lead Agency Designation
C&D Material Recycling - 718 Elk Street
(Item No. 96, C.C.P., Oct. 4, 1994)
That this Common Council consents to the designation of a Lead
Agency under the New York State Environmental Quality Review Act for C&D Material Recycling at 718 Elk Street.
Mr. Coppola now moved that the above item be Received and Filed.
Seconded by Mr. Czajka.
ADOPTED.
No. 134
Seneca/Babcock Committee - Concerns DEC permit 718 Elk
(Item # 97 CCP October 4, 1994)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 135
Response - Canoe Trail Guide (EMC)
(Item # 9 CCP October 4, 1994)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 136
Acquest Holdings, Inc. - Abandon Portion Flint Alley
(Item No. 108, C.C.P., Sept. 6, 1994)
That the City of Buffalo abandon that portion of Flint Alley which
runs adjacent to the proposed new FBI Headquarters at 108 Delaware Avenue, subject to and contingent upon Acquest Holdings, Inc. actually receiving the
contract to build the proposed FBI Headquarters building.
PASSED.
AYES- 13 NOES- 0.
No. 137
Abandon Prtn. Flint Alley (C.P.Bd.)
(Item # 13 CCP September 20, 1994)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 138
Abandon Prtn. Flint Alley (PW)
(Item # 40 CCP September 20, 1994)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 139
Wellness Program - Smoking in City buildings
(Item # 162 CCP October 4, 1994)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 140
Request Ordinance - Boilers/Engineers
(Item # 149 CCP May 17, 1994)
That the above mentioned Item be and the same is hereby
received and filed.
Mr. Helfer now moved:
That this Common Council request the Corporation Counsel to prepare an amendment to the present ordinance, Chapter 94, Section 26 to
exempt the Lighted Schoolhouse programs requiring on-site engineers for the . -boiler plant operations during the Lighted Schoolhouse Program
activities.
ADOPTED.
No. 141
Request Ordinance - Water Cross Connections (PW)
(Item # 45 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. 142
Buffalo Backflow - Req. Ordinance
Insp. of Backflow Devices
(Item # 112 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. 143
Request Ordinance - Breaking Packaging to Sell
Retail Items
(Item No. 194, C.C.P., Sept. 20, 1994)
That this Common Council requests the Corporation Counsel to prepare
an ordinance amendment outlawing the sale of single items from packaged lots when the handled single items would represent a threat to health or good
sanitary practices.
ADOPTED.
No. 144
Request Ordinance for Code Enforcement in
Parking Violations Bureau
(Item No. 221, C.C.P., Oct. 4, 1994)
That this Common Council request the 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.
ADOPTED.
No. 145
Ordinance Amendment - Games of Chance (Pw)
(Item # 42 CCP October 4, 1994)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 146
NFG- Oppose Ordinance Placing New Taxi Stands
(Item # 120 CCP September 6, 1994)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 147
Certificate of Occupancy Inspections and Fees
(Item No. 264, C.C.P., July 26, 1994)
That this Common Council call upon the Law Department to report
the significance these overlapping laws and fees and to determine the necessity of amending Chapter 129, Certificates of Occupancy, to exclude Lodging
and Boarding Houses.
ADOPTED.
No. 148
Change Parking - Beard Ave. (Sts)
(Item # 63 CCP October 4, 1994)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 149
Designate Handicapped Parking (PW)
(Item # 44 CCP October 4, 1994)
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
No. 150
Hamlin Park Association Favor Landmark
Designation - 15 Eastwood
(Item # 92 CCP October 4, 1994)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 151
Position on Disposal Of Toxic Soils (EMC)
(Item # 10 CCP October 4, 1994)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 152
Equal Employment Opportunity Coordinator
(Item No. 182, C.C.P., June 28, 1994)
That the Corporation Counsel include in the report to the Council
the appropriateness of creating the position of Equal Employment Opportunity Coordinator; and
That the Commissioner of Human Resources file a copy of the Affirmative Action Plan, and submit a report explaining his department's
strategy for compliance with both the Charter requirements and the Affirmative Action Plan; and
That the Commissioner of Human Resources file an EE04 report for all City of Buffalo employees, including the Division of Water, the Buffalo
Sewer Authority, and the Buffalo Municipal Housing Authority.
ADOPTED.
No. 153
Equal Employment opportunity Coordinator
(Item # 71 CCP July 12, 1994)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 154
Report Status of Fire Response Time
(Item # 165 CCP September 6, 1994)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 155
Local 282 - Information On Response Time
(Item # 74 CCP September 20, 1994)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 156
Fire Response Times (Fire)
(Item # 53 CCP October 4, 1994)
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
No. 157
Response Time - 244 Prospect (Fire)
(Item # 54 CCP October 4, 1994)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 158
Bisons - Comp. Season Tickets
(Item # 109 CCP September 6, 1994)
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
No. 159
Blizzard - Comp. Season Tickets
(Item # 110 CCP September 6, 1994)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 160
Appt. Mbrs. Stadium & Auditorium Board
(Item # 6 CCP July 26, 1994)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 161
Appointment of Member of the City Planning Board
(Item No. 7, 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 moved that the item be Received and Filed.
ADOPTED.
No. 162
Appt. Board Assmt. Review
(Item # 204 CCP September 20, 1994)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
ECONOMIC DEVELOPMENT
HON. CARL A. PERLA
CHAIRMAN
No. 163
Report of Loan Review Committee (ICR)
(Item # 74 CCP October 4, 1994)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 164
L.Benns - Disclosure-Purchase 83 O'Connor
(Item # 89 CCP October 4, 1994)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 165
HUD Report - Bflo. Home Equity Living Program
(Item # 174 CCP February 8, 1994)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
RESOLUTIONS
No. 166
By: Messrs. Arthur, Perla, Zuchlewski, Coppola, Collins, Bell,
Pitts, Fahey, Czajka and Mrs. Lockwood and LoTempio
Establish City Policy For Special Needs Population Housing
Whereas: The City has seen an increase in the number of requests
to provide housing for the region's special needs population within the City; and
Whereas: The lack of City policy with respect to the siting of housing for the region's special needs population diminishes the delivery of quality care to
this segment of the population; and
Whereas: A regional system to insure quality, managed housing for this segment of our population is desirable; and
Whereas: Concentrated a siting of housing for the region's special needs population may have a perceived negative impact on existing neighborhood
quality; and
Whereas: An existing inventory of such housing locations within the City limits does not exist.; and
Whereas: The establishment of a City policy for siting housing units for special needs is desirable; and
Now, Therefore, Be It Resolved That:
The Division of Planning and corporation counsel draft language imposing a moratorium on the siting and construction of housing for our
special needs population for a period not to exceed 9 months. The specific purpose of the moratorium will be to inventory existing special needs
population housing sites and to establish a policy and process for the establishment of new sites within the City. The Division of Planning engage the Erie
County Commission on Homelessness in preparation of a City special needs population housing policy. The County of Erie be requested to establish a
regional plan to ensure quality, managed housing and care for our special needs population.
ADOPTED.
No. 167
By: Messrs. Arthur, Pitts, Collins, Bell
Black Achievers Awards 1994
Whereas: The Black Achievers Awards Dinner for 1994 will be held
on Sunday, October 2, 1994 at the Buffalo Convention Center, and
Whereas: This annual gala is sponsored by 1490 Enterprises, Inc. Its founder Herbert L. Bellamy, Sr. is also the President of the Black
Achievers Awards and the prime mover of this prestigious occasion, and
Whereas: This years' awardees are 29 outstanding achievers in industry and community service. Each with his or her own unique
accomplishments and contributions to the City of Buffalo, and
Whereas: This years' Awards Dinner will be highlighted by the outstanding keynote speaker, Dr. Arthur E. Thomas, President of Central State
University in Wilberforce, Ohio. Dr. Thomas is a recognized and accomplished scholar in his field of education. He serves on numerous national boards,
serving as Chairman of the National Association for Equal Opportunity in Higher Education. This organization serves the needs of the nation's 117
historically African American Institutions and their students, and
Whereas: Dr. Thomas has served as an appointee of Presidents Regan and Bush. Most recently President Clinton selected him to travel to
South Africa as a member of the U.S. Delegation to observe the elections, and
Whereas: There is no more perfect an opportunity to welcome Dr. Thomas, an excellent Black Achiever, to the City of Buffalo, than on this
occasion when excellence is recognized.
Now Therefore Be It Resolved That:
The Common Council of the City of Buffalo gives its appreciation to 1490 Enterprise, Inc., Herbert L. Bellamy, Sr. and congratulates the 29
outstanding awardees of this years' Black Achievers Dinner.
Further Be It Resolved That:
The Common Council extends a warm welcome to Dr. Arthur E. Thomas and his uplifting message.
ADOPTED.
No. 168
By: Mr. Arthur & Mr. Coppola
ECMC Mercy Flight Proposal
Whereas: Mercy Flight is presently looking for a new location and
they have stated that they would like to relocate in the City of Buffalo, near the downtown area; and
Whereas: The various locations that they are exploring would not be in the best interest of the continued redevelopment of the downtown area and the
various neighboring communities; and
Whereas: The Chief Executive Officer of ECMC has proposed that they (Mercy Flight) locate on the ECMC campus; and
Whereas: This location is centrally located in the Buffalo area; and
Whereas: This location has easy access to the various hospitals and the thruways; and
Whereas: ECMC is the designated trauma center for the Western New York area and it just seems logical that Mercy Flight should be located on the
ECMC campus; and
Whereas: ECMC will provide at no cost to Mercy Flight, an RN to compliment Mercy Flight's current crew of one dedicated paramedic, sleeping
quarters, a helicopter hanger, fuel storage and a heliport; and
Now, Therefore, Be It Resolved that:
This Common Council will convene a public hearing on the proposed offer from ECMC to Mercy Flight. Said hearing to be held on Monday,
October 24, 1994 at 7:00 PM in the Council Chambers; and
Be It Further Resolved That:
This Common Council directs that no permits be issued to the Mercy Flight for any other location in the City of Buffalo until after the
completion of the public hearing and the results are studied by this Honorable Body; and
Be It Finally Resolved That:
Invitations be sent to the Chief Executive officer of the Erie County Medical Center, the Board of Directors of Mercy Flight, Inc. and any other
interested parties.
Mr. Pitts moved that the first resolve be adopted and that the remainder of the item be referred to the Committee on Legislation, the Erie
County Medical Center, Buffalo General Hospital and Mercy Flight.
ADOPTED.
No. 169
By: Mr. Collins
Transfer Of Funds
Common Council - Majority Leader
Common Council - Legislative
That pursuant to section 42 of the Charter and the Certificate
of the Mayor and the Comptroller submitted to the Common Council, the sum of $6,000 be and the same is hereby transferred from the Common Council -
Majority Leader - Salaries-Regular Account, and said sum is hereby reappropriated as set forth below:
From:
100 General Fund
01-0 - Common Council
005 - Majority Leader
110 - Salaries - Regular $ 6,000
To:
100 General Fund
01-0 - Common Council
001 -Legislative
112 - Temporary Services $ 6,000
PASSED.
AYES- 13 NOES- 0.
No. 170
By: Mr. Collins
Transfer Of Funds
Common Council - Legislative
Common Council - Legislative - Exempt Items
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 $12,000 be and the same is hereby transferred from the Common Council
- Legislative - Salaries-Regular Account, and said sum is hereby reappropriated as set forth below:
From:
100 General Fund
01-0 - Common Council 00 I -Legislative
110 - Salaries - Regular $12,000
To:
100 General Fund
01-0 - Common Council
085 - Exempt Items
982 - Operating Equipment $12,000
PASSED.
AYES- 13 NOES- 0.
No. 171
By: Mr. Collins
Increased Appropriation
City Revenue Buildings
That, Pursuant to Section 41 of the Charter and the Certificate
of the Mayor and the Comptroller submitted to the Common Council, the appropriation in the budget for the current fiscal year for Appropriation
Allotments - Department of Public Works - Division of Buildings be and the same hereby is increased in the sum of $53,728.17.
That, the comptroller be and hereby is authorized and directed to increase the revenue estimate of account:
Revenue City
100-General Fund
40-2 Division of Buildings
402 City
90000- Miscellaneous $53,728.17
To meet the increased appropriation as set forth below:
100 General Fund
402 - Division of Buildings
021 - Administrative Services
560 - Building Repairs and Alterations $53,728.17
PASSED.
AYES- 13 NOES- 0.
No. 172
By: Mr. Collins
Increased Appropriation
Reserve for Capital Appropriations
Department of Public Works
That, Pursuant to Section 41 of the Charter and the Certificate
of the Mayor and the Comptroller submitted to the Common Council, the appropriation in the budget for the current fiscal year for Appropriation
Allotments - Department of Public Works - Division of Buildings - Bond account for the reconstruction of the dog pound be and the same hereby is
increased in the sum of $60,000.
That, the comptroller be and hereby is authorized and directed to transfer the sum of $60,000 from 100-890-050 - Reserve for Capital Budget
Appropriations to meet this increased appropriation as set forth below:
To:
200 Capital Project Fund
40 - Department of Public Works
2 - Division of Buildings
099 - Dog Pound Reconstruction $60,000
PASSED.
AYES- 13 NOES- 0.
No. 173
By: Mr. Collins
Bond Resolution
$3,120,000 Bonds
Reconstruct Michigan Avenue Lift Bridge
Account 200-401-024
Bond Resolution of the City of Buffalo, New York, authorizing
the issuance of $3,120,000 General Improvement Bonds of said City to finance the cost of the partial reconstruction of the Michigan Avenue Lift Bridge, at
the estimated total cost of $3,120,000.
The Common Council of the City of Buffalo, in the County of Erie, New York, hereby resolves (by the favorable vote of not less than two-thirds
of all the members of said Common Council) as follows:
Section 1. The Comptroller of the City of Buffalo, in the County of Erie, New York, is hereby authorized and directed to issue General
Improvement Bonds of said City in the principal amount of Three Million One Hundred Twenty Thousand Dollars ($3,120,000), 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 Michigan Avenue Lift Bridge. The estimated total cost of said specific object or purpose for which the bonds
authorized by this resolution are to be issued, including preliminary costs and costs incidental thereto and the financing thereof, is $3,120,000 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 Engineering, "Reconstruction of
Michigan Avenue Lift Bridge, 1994-95 ", Bond Authorization Account No. 200-401-024, and shall be used for the specific object or 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
$3,120,000. This Resolution is a declaration of Official Intent adopted pursuant to the requirements of Treasury Regulation Section 1. 150-2.
Section 4. The following additional matters are hereby determined and stated:.
(a) The period of probable usefulness applicable to the class of objects or purposes for which the bonds authorized by this resolution are to
be issued within the limitations of Section 11.00 a.. 10. of the Law, is twenty (20) years.
(b) Current funds are not required by the Law to be provided as a down payment prior to the issuance of the bonds authorized by this
resolution or any bond anticipation notes issued in anticipation thereof in accordance with Section 107.00 d. 9. of the Law.
Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds and
the renewals of said notes shall contain the recital of validity prescribed by Section 52.00 of the Local Finance Law. Said bonds and said notes shall be
general obligations of the City of Buffalo payable as to both principal and interest by a general tax upon all the taxable real property within said City
without limitation as to rate or amount. The faith and credit of said City are hereby irrevocably pledged for the punctual payment of the principal of and
interest on said bonds and said notes. Provision shall be made annually by appropriation by said City for the payment of interest on and for the amounts
required for the amortization and redemption of said bonds and said notes.
Section 6. The validity of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation of the sale of said bonds
may be contested only if:
(a) Such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to expend money, or
(b) The provisions of law which should be complied with at the date of the publication of this resolution are not substantially complied with,
and an action, suit or proceeding contesting such validity, is commenced within twenty days after the date of such publication,
(c) Such obligations are authorized in violation of the provisions of the constitution.
Introduced: October 18, 1994
LAID ON THE TABLE.
No. 174
By: Messrs. Collins and Pitts
Set Public Hearing
Fruitbelt II New Housing Project
Community Wide Urban Renewal Homestead Program
James Management Co. Inc., Redeveloper
WHEREAS, James Management Co., Inc. and/or other legal entity
to be formed (herein referred to as the "Redeveloper") has been duly designated as qualified and eligible Redeveloper in accordance with the rules and
procedures prescribed by the City of Buffalo Urban Renewal Agency (herein referred to as the 'Agency'); and
WHEREAS, The Agency and the Redeveloper have negotiated a Land Disposition Agreement for the construction of thirty (30) residential units
of new housing known as the Fruitbelt II New Housing Project in the Community Wide Urban Renewal Homestead Program Area; and
WHEREAS, said Land Disposition Agreement has been forwarded by the Agency to this Common Council for action, pursuant to Section 507,
subdivision 2 (d) of the General Municipal Law; and
WHEREAS, Article 15A of the "General Municipal Law" requires that the disposition of land in un Urban Renewal Project may be approved only
after a public hearing on due notice.
Now, Therefore, Be It Resolved:
1. That the City Clerk is hereby directed to publish the notice attached hereto and marked "Notice of Hearing" in the Buffalo News, no later
than the 21st day of October 1994.
2. That this Common Council will conduct a Public Hearing on the matters stated in said "Notice of Hearing" at 2:00 o'clock p.m. in the Council
Chambers on the 1st day of November 1994.
ADOPTED.
No. 175
By: Mr. Coppola
Request Information From
Commissioner of Fire Dept.
Whereas: The Fire Department of the City of Buffalo assists the
City of Lackawanna in responding to fire emergencies on a regular basis; and
Whereas; Lackawanna does not have the manpower and relies upon this assistance from the City of Buffalo; and
Whereas: The City of Buffalo budgeted approximately $39 million this year for the fire department; and
Whereas: Because of its current financial condition, the City of Buffalo should be reimbursed for this service provided to the City of Lackawanna.
Now Therefore Be It Resolved That
This Common Council requests that the commissioner of the Fire Department report to this body the number of calls, man-hours, and cost of
providing this service to the City of Lackawanna in anticipation of seeking reimbursement.
REFERRED TO THE COMMITTEE ON LEGISLATION AND THE COMMISSIONER OF FIRE.
No. 176
By: Mr. Coppola
Seek Reduction From Niagara Mohawk
Whereas: The Board of Education budgeted $4.2 million in its 1992-93
budget; $4.6 million in its 1993-94 budget; and over $5 million in this year's budget to cover costs of electrical power; and
Whereas: The $5 million budgeted in this year's budget reflects not only price increases but also a new school building; and
Whereas: The City of Buffalo has budgeted in excess of $1.9 million this year for electrical power including street lighting, police and fire; and
Whereas: This year, the Buffalo Municipal Housing Authority budgeted over $2.3 million and the Sewer Authority budgeted $6.6 million; and
Whereas: Collectively, the total is in excess of $15 million making the City of Buffalo one of Niagara Mohawk's larger customers; and
Whereas: Niagara Mohawk extends reductions to it's larger industrial customers and should extend the same to municipalities and their agencies.
Now Therefore Be It Resolved That
This Common Council requests that the administration begin negotiations with Niagara Mohawk to reduce the cost of electrical power to the
City, Board of Education, Buffalo Municipal Housing Authority, and Buffalo Sewer Authority; and
Be It Further Resolved That
This resolution be referred to Administration and Finance, the Board of Education, Buffalo Municipal Housing Authority, Buffalo Sewer
Authority for their comments; and
Be It Finally Resolved That
A certified copy of this resolution be sent to Niagara Mohawk Power Corporation by the City Clerk.
REFERRED TO THE COMMITTEE ON FINANCE, THE CORPORATION COUNSEL, BUFFALO MUNICIPAL HOUSING AUTHORITY, BUFFALO SEWER AUTHORITY, AND THE BOARD
OF EDUCATION AND THE NIAGARA MOHAWK POWER CORPORATION.
No. 177
By: Messrs. Coppola and Collins
Pastors for Peace 4th US - Cuba Friendshipment
Whereas: The United State Government has enforced an economic
blockage for over 33 years against Cuba, causing economic and social hardship on its men, women, and children; and
Whereas: In November, 1992, the United Nations General Assembly, with only three "no" votes, approved a resolution calling for an end to the
United States Blockade; and
Whereas: The Interreligious Foundation for Community Organization (IFCO)/Pastors for Peace has organized the 4th Frienshipment of
humanitarian aid to the people of Cuba; and
Whereas: The 4th Friendshipment Caravan of 300 persons from all parts of the United States will be stopping in Buffalo on November 16 - 17
before crossing the Peace Bridge; and
Whereas: This desperately needed aid of school, medical and food supplies is destined to be delivered to the Martin Luther King, Jr. Center in
Havana; and
Whereas: The citizens of Buffalo consistently exhibit empathy and caring for those persons in our world who suffer for lack of needed
medical supplies and other necessities of life.
Now Therefore Be It Resolved That
This Common Council of the City of Buffalo does hereby welcome the 4th Pastors for Peace Friendshipment and supports its mission of
establishing People to People Diplomacy, thereby replacing the immoral blockade with basic human compassion.
ADOPTED.
AYES- ARTHUR, BELL, COLLINS, COPPOLA, CZAJKA, FRANCZYK, LOCKWOOD, LOTEMPIO, PERLA, PITTS, ZUCHLEWSKI- 11.
NOES- FAHEY, HELFER- 2.
No. 178
By: Mr. Fahey
State Pick-Up of Medicaid
Whereas: The state and federally mandated Medicaid program provides
health and medical coverage for the indigent, as well as long-term care coverage for the elderly; and
Whereas: New York State is one of only fourteen (14) states in the nation requiring local governments to contribute to the cost of this
Medicaid program; and
Whereas: In our state, Medicaid costs are financed as follows:
% of Total
Medicaid Expense
Federal Share 47%
State Share 33%
Local County Share 21%
Whereas: Since 1988, Erie County's Medicaid bill has more than doubled, increasing from $62.0 million in 1988 to $127.8 million in the current
year; and
Whereas: Medicaid costs have skyrocketed due to growing public assistance caseloads, expanded eligibility rules which have permitted more
middle-class elderly to join the program and higher reimbursement rates to providers; and
Whereas: Local Medicaid cost growth has been particularly acute in the past four years as evidenced by the following annual growth rates in
the cost of the program;
% Increase
Over Prior Year
1990 17.07%
1991 16.73%
1992 10.01%
1993 13.84%
Whereas: In 1986, proceeds from the one percent sales tax exceeded Erie County's Medicaid costs by $1.1 million; and
Whereas: Today this relationship has completely reversed in 1994, there is a $39.6 million gap between the County's Medicaid costs ($127.8
million) and one percent sales tax revenues ($87.8 million); and
Whereas: The enormous financial burdens imposed on local taxpayers by the Medicaid program is not just a County government problem,
rather it is a community-wide and statewide concern; and
Whereas: The partial Medicaid Pick-Up bill which was enacted by the state earlier this year provides only nine days of Medicaid relief to Erie
County in 1995; and
Whereas: If the state fails to shift the entire local cost of Medicaid to a more progressive revenue base (e.g. state personal income taxes),
home ownership in New York State and in Erie County will become unaffordable due to the ever increasing financial demands this program will place on
local taxpayers;
Now, Therefore Be It Resolved:
That the Buffalo Common Council does hereby recognize the critical importance of reforming the Medicaid program and the manner in which
it is financed; and
Be It Further Resolved:
That this Honorable Body does hereby urgently call upon the State of New York to assume responsibility for financing the local share cost of
Medicaid programs and to enact permanent Medicaid takeover legislation during the 1995 state legislative session; and
Be It Further Resolved:
That the County of Erie and City of Buffalo are urged to lobby, jointly, for this change; and
Be It Finally Resolved:
That certified copies of this resolution shall be forwarded by the City Clerk to Governor Cuomo, the Speaker of the Assembly, the Senate
Majority Leader, members of the Western New York Delegation, the County Executive and the Erie County Legislature.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 179
By: Mrs. LoTempio
Salary Ordinance Amendment
080 - Department of Law
The Common Council of the City of Buffalo do ordain as follows:
That part of Section I of Chapter 35 Of the Ordinances of the City of Buffalo, relating to 080 Department of Law, is hereby amended to add:
1 Confidential Secretary to the Corporation
Counsel (Exempt) $23,481
(Not to exceed the leave of absence of Rose Marie Figliola, Administrative Assistant)
It is hereby certified, pursuant to Section 34 of the Charter, that the immediate passage of the foregoing ordinance is necessary.
We, Edward D. Peace, Corporation Counsel and James B. Milroy Director of the Budget, hereby certify that the creation of one (1) Confidential
Secretary to the Corporation Counsel (Exempt) is necessary for the proper conduct, administration and performance of essential services of that
department. We recommend that the compensation for said position be fixed at the amount set forth in the foregoing ordinance.
That a personnel requisition incident to the creation of the above-mentioned position, containing a statement of the duties of such position,
has been filed with the Municipal Civil Service Commission, and said Commission has approved and certified the position title set forth in the foregoing
ordinance as being the appropriate Civil Service title for the proposed position.
Approved As to Form
Edward Peace
Corporation Counsel
PASSED.
AYES- 13 NOES- 0.
No. 180
By: Mrs. LoTempio
Clarify NFTA Position on Tonawanda Extension
Whereas: Conflicting reports concerning the Tonawanda Extension
of the Metro Rail System have been published in the Buffalo News, and
Whereas: An article that appeared on October 17, 1994, under the headline "Bridge removal kills "Tonawanda Turnout"' was continued on
another page under the headline "Tonawanda: Idea is still a possibility." An article on October 18 is headlined "NFTA says Tonawanda rail extension still a
viable option"; and
Whereas: The focus of all three articles is the removal of twin Conrail bridges across Main Street which were once considered a vital
component of the rail extension; and
Whereas: NFTA officials have stated that the removal of the bridges does not kill the plans and that three alternatives are possible, including
a tunnel, a pedestrian transfer point, and a new bridge; and
Whereas: At a time when the potential to acquire federal funds for rail transit systems appears favorable, it is essential that a clear
position be stated;
Now, Therefore, Be It Resolved:
That this Common Council request that NFTA Executive Director Richard T. Swist appear at the next meeting of the Council's Committee on
Finance, on Tuesday, October 25, 1994 at 10 AM in Council Chambers, to report on the status of the Tonawanda extension and to respond to any questions
concerning news reports related to the issue; and
Be It Further Resolved:
That the City Clerk certify passage of this resolution and forward a copy thereof to Richard T. Swist, Executive Director, NFTA.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 181
By: Messrs. Pitts and Czajka
Set Public Hearing
Proposed Land Disposition Agreement For A Portion of Thruway Industrial Park Phase II
Disposition Parcel 14 - 3.05 Acres
Whereas, Transportation Industries, Inc. and/or other legal entity
to be formed (herein referred to as the "Redeveloper") has been duly designated as qualified and eligible Redeveloper in accordance with the rules and
procedures prescribed by the City of Buffalo Urban Renewal Agency; and
Whereas, the City of Buffalo Urban Renewal Agency and the Redeveloper has negotiated a Land Disposition Agreement for the disposition of a
portion of disposition Parcel #14 in the Thruway Industrial Park Phase II.
Whereas, the terms of said Land Disposition Agreement have been approved by the City of Buffalo Urban Renewal Agency; and
Whereas, said Land Disposition Agreement has been forwarded by the City of Buffalo Urban Renewal Agency to this Common Council for
action, pursuant to section 507, subdivision 2 (d) of the General Municipal Law; and
Whereas, Article 15A of the "General Municipal Law" requires that the disposition of land in an Urban Renewal Project may be approved only
after a public hearing on due notice.
Now, Therefore, Be It Resolved:
1. That the City Clerk is hereby directed to publish the notice attached hereto and marked "Notice of Hearing" in the Buffalo News, no later
than the 21st day of October 1994.
2. That this Common Council will conduct a Public Hearing on the matter stated in said 'Notice of Hearing" at 2:00 P.M. in the Council Chambers
on the 1st day of November 1994.
ADOPTED.
No. 182
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:
Cheryl B. Sturtevant
ADOPTED.
UNFINISHED BUSINESS
No. 183
Offer to Purchase - 1256 Jefferson
(No. 132, C.C.P., July 12, 1994)
Mr. Pitts moved that the above item be taken from the table.
Seconded by Mr. Collins.
CARRIED.
Mr. Pitts now moved approval of the above item. Seconded by Mr. Coppola.
PASSED.
AYES- 13 NOES- 0.
No. 184
Bond Resolution - $85,000 - JFK Center
(No. 193, C.C.P., Oct. 4,1994)
Mr. Pitts moved that the above item be taken from the table.
Seconded by Mrs. LoTempio.
CARRIED.
Mr. Pitts now moved approval of the above item. Seconded by Mr. Perla.
PASSED.
AYES- 13 NOES- 0.
No. 185
Bond Resolution - $150,000 - Library Buildings
(No. 194, C.C.P., Oct. 4, 1994)
Mr. Pitts moved that the above item be taken from the table.
Seconded by Mrs. LoTempio.
CARRIED.
Mr. Pitts now moved approval of the above item. Seconded by Mr. Perla.
PASSED.
AYES- 13 NOES- 0.
No. 186
Bond Resolution - $155,000 - Kleinhans
(No. 195, C.C.P., Oct. 4,1994)
Mr. Pitts moved that the above item be taken from the table.
Seconded by Mrs. LoTempio.
CARRIED.
Mr. Pitts now moved approval of the above item. Seconded by Mr. Perla.
PASSED.
AYES- 13 NOES- 0.
No. 187
Bond Resolution - $250,000 - Carnevale Ctr.
(No. 196, C.C.P., Oct. 4, 1994)
Mr. Pitts moved that the above item be taken from the table.
Seconded by Mrs. LoTempio.
CARRIED.
Mr. Pitts now moved approval of the above item. Seconded by Mr. Perla.
PASSED.
AYES- 13 NOES- 0.
No. 188
Bond Resolution - $450,000 - Historical Society
(No. 197, C.C.P., Oct. 4, 1994)
Mr. Pitts moved that the above item be taken from the table.
Seconded by Mrs. LoTempio.
CARRIED.
Mr. Pitts now moved approval of the above item. Seconded by Mr. Perla.
PASSED.
AYES- 13 NOES- 0.
No. 189
Bond Resolution - $500,000 - Shea's
(No. 198 C.C.P., Oct. 4,1994)
Mr. Pitts moved that the above item be taken from the table.
Seconded by Mrs. LoTempio.
CARRIED.
Mr. Pitts now moved approval of the above item. Seconded by Mr. Perla.
PASSED.
AYES- 13 NOES- 0.
No. 190
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.
Civil Service Tues.,Oct. 25, 1994, 9:30 A.M.
Finance Tues. Oct. 25, 1994,
immediately following Civil Service
Legislation Tues. Oct. 25, 1994, 2:00 P.M.
Economic Dev Wed., Oct. 26, 1994 10:00 A.M.
URAC Wed. Oct. 26, 1994
Immediately Following Econ. Dev.
C.O.W. Oct. 18, 1994 Council Chambers 7:00 P.M.
Purchase of 12 Elmwood For Fire House
Legislation Thursday, Oct. 20, 1994 6:00 P.M
Ord Amend Ch 399-Smoking-Public Buildings
Finance Monday, Oct. 24, 1994 10:00 A.M-Rm 1417
Rate Restructure Study Alternatives
Aud/Stadium T.F. Mon. Oct. 24, 1994 2:00 P.M.-Room 1417
Legislation Monday Oct. 24, 1994 7:00 P.M.
Mercy Flight Hearing
No. 191
Adjournment
On a motion by Mr. Pitts, Seconded by Mr. Perla, the Council adjourned
at 3:40 P.M.
CHARLES L. MICHAUX, III
City Clerk