HomeMy WebLinkAbout94-1101
1No. 20
Common Council
Proceedings
of the
City of Buffalo
Regular Meeting, November 1, 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, November 1, 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. Czajka, the minutes of the stated
meeting held on October 18, 1994 were approved.
FROM THE MAYOR
No. 1
Appointment of Members
to the Buffalo Water Board
Pursuant to the authority granted me by Section 1048-F of the
title Two-B Article Five of the Public Authorities law, I hereby appoint,
subject to confirmation by Your Honorable Body, the following members of the
Buffalo Water Board:
William J. Dauria 124 Bame Ave. Buffalo, N.Y. 14215
William J. Dauria has had more than 40 years outstanding experience in
accounting, city and county government, and business and economics education.
He served as Deputy City Comptroller, First Deputy Erie County Clerk, Associate
Professor of Business & Economics at D'Youville College, Councilman-at-Large in
the City of Buffalo.
Mr. Dauria replaces Glowver Knight, whose term expired 12/31/93. William
J. Dauria's term will expire 12/31/96.
Warren K. Galloway 111 W. Humboldt Pkwy. Bflo., NY 14214
Mr. Galloway is an Affirmative Action Specialist with the New York State
Department of Labor, former Human Rights Specialist, New York State Division
for Human Rights and former Director of Equal Employment Opportunity Roswell
Park Cancer Institute. He is very active in professional and community
organizations.
Warren K. Galloway replaces Paul Hojnacki, whose term expired 12/31/93.
Mr. Galloway's term will expires 12/31/96.
John R. Sole 641 Forest Ave. Buffalo, N.Y. 14222
Mr. Sole is president of Sole Brokerage Company, representing food
manufacturers. He was a former president of American Bluing Company. He is
active in many community organizations, such as the Harvard Development
Company, etc.
John R. Sole is replacing Ken Kirby, whose term expired 12/31/93. Mr.
Sole's term expires 12/31/96.
Angelo Giliforte 429 West Ferry Buffalo, N.Y. 14213
Mr. Giliforte has been a journeyman plumber for twenty five years. He
was a plumbing inspector for the City of Buffalo for over twenty one years. He
has served in various offices for labor unions, and a former member of the
Variety Club of Buffalo.
Angelo Giliforte fills a vacancy that expired 12/31/93. Mr. Giliforte's
term expires 12/31/95.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 2
Appointments & Reappointment of Members to the Buffalo Preservation Board
Pursuant to the powers vested in me by Article II, Section 337-3,
Part II of the Code of the City of Buffalo, I hereby reappoint and appoint,
subject to confirmation by Your Honorable Body, the following individuals to
the Buffalo Preservation Board:
Jayne K. Rand 6 Arlington Park Buffalo, N.Y. 14201
Jayne K. Rand is a mortgage banker at Marine Midland Bank N.A. and
Director of Rand Capital Corporation. She is very active in community
organizations such as the Kiwanis Club, Junior Chamber of Commerce, American
Bankers Association, etc. Ms. Rand is being reappointed to the Board for a
term expiring August 31, 1997.
Gwen A. Howard 9 Malta Place Buffalo, N.Y. 14201
Gwen Howard has a Master of Architecture degree from the University of
Buffalo and is presently the Project Planner at Buffalo Place Inc. She has
been involved in many projects such as Historic Preservation, Preservation
Research, Urban Design, etc. Gwen A. Howard replaces Peter F. Hunt, who has
resigned; her term expires August 31, 1995.
David T. Stieglitz 372 Prospect Ave. Buffalo, N.Y. 14201
David Stieglitz is the founding partner of Stieglitz Stieglitz Tries,
p.c. Architects/Planners. He is an Asst. Professor (adjunct), School of
Architecture, SUNYAB. Mr. Stieglitz was one of the founding faculty of the
School of Architecture and Environmental Design at SUNYAB in 1968. He is a
graduate of Cornell University College of Architecture. David T. Stieglitz
replaces David Rumsey, who has served two (2) consecutive, 3-year terms and
cannot be reappointed. Mr. Stieglitz term expires August 31, 1995.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 3
Appointment of Member to 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 John A. Johnson, residing at 140
East Morris Avenue, Buffalo, New York 14214, as a member of the Buffalo
Municipal Housing Authority effective October 25, 1994, for a term expiring
October 19, 1998.
The appointment of John A. Johnson to the Buffalo Municipal Housing
Authority fills a vacancy created when the previous mayor's re-appointment of
Donald A. Ort to the BMHA was not qualified by the required confirmation of the
Common Council.
Mr. Johnson has over twenty five years of administrative experience in
human services with the ability to organize and coordinate major projects. He
is an excellent communicator in his involvement with Federal, State and local
governments, law enforcement agencies, private non-profit agencies, etc. John
Johnson developed and assisted in the implementation of HUD's original
Anti-Drug and Resident Initiative Actions Plans for public and federally
assisted housing industry. He is a member of numerous community organizations,
such as CAO Enterprise, Inc., United Way of Buffalo/Erie County, Mentoring
Program Advisory Board of Canisius College-National Youth Sports Program, New
York State Housing Renewal Officials, etc. John Johnson has received numerous
honors/award such as Outstanding Citizens Award from the Buffalo News, Public
Service Award from the HUD Buffalo Field Office, Community Service Award from
Erie Community College, etc.
I hereby certify that John A. Johnson is fully qualified to serve as a
member of the Buffalo Municipal Housing Authority.
Mr. Pitts moved:
That the communication from the Mayor, dated October 25, 1994, be
received and filed; and
That the appointment of John A. Johnson, 140 East Morris Avenue, Buffalo,
14214 to the Buffalo Municipal Housing Authority effective October 25, 1994,
for a term expiring October 19, 1998, be, and hereby is confirmed.
ADOPTED.
No. 4
Appointment of Member to 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:
Modesto Candelario 194 Fourteenth St. Buffalo, N.Y. 14213
Mr. Candelario has been Executive Director of the Father V. L. Bell
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.
Candelario's term is effective immediately and will expire October 19, 1995.
He is replacing Thomas G. Feldmeyer, who is deceased.
Anthony A. Marconi 84 New Amsterdam Ave. Buffalo, N.Y. 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 and community development organizations. Mr. Marconi's
term is effective immediately and will expire Oct. 19, 1999. He is replacing
John L. King, whose term expired October 19, 1994.
I hereby certify that Modesto Candelario and Anthony A. Marconi are fully
qualified to serve as members of the Buffalo Municipal Housing Authority.
Mr. Pitts moved:
That the communication from the Mayor, dated October 25, 1994, be
received and filed; and
That the appointment of members to the Buffalo Municipal Authority of
Modesto Candelario, 194 Fourteenth Street, Buffalo, 14213 effective immediately
and to expire October 19, 1995, of Anthony A. Marconi, 84 New Amsterdam Avenue,
Buffalo, 14216 effective immediately and to expire October 19, 1999, be, and
hereby are confirmed.
ADOPTED.
No. 5
Appointment of Members to the Board of Parking
Pursuant to the powers vested in me by Section 109R of the Charter
of the City of Buffalo, I hereby appoint, subject to your confirmation, the
following persons listed below to the Board of Parking:
Gerald Carriero 426 Parker Avenue Buffalo, N.Y. 14216
Mr. Carriero is President/CEO of Real Estate Management Company and a
registered Republican. He is a graduate of Canisius College and a member of
the National Apartment Owners Association and Erie County Commission on the
Homeless. Mr. Carriero is filling a vacancy. His term is effective
immediately and will expire March 31, 2001.
Wayne F. Chelikowsky 51 Jewett Pkwy. Buffalo, N.Y. 14214
Mr. Wayne F. Chelikowsky is the Director of Administration of the Erie
County Water Authority and former Vice President, D'Youville College. He is an
experienced and capable general manager, a past president of the Buffalo
Chapter of the American Marketing Association and American Institute of Banking
and a registered Democrat. Mr. Chelikowsky is replacing Carl Paladino who
resigned. His term is effective immediately and will expire March 31, 1998.
R. Maura Cohen 167 Windsor Avenue Buffalo, N.Y. 14209
Ms. Cohen is a seasoned professional project manager who uses analytical
and interpersonal marketing programs. She is president and founder of
Specialist In Marketing for Small Business and Vice President of Hickory Bonway
Travel and a registered Republican. Ms. Cohen is filling a vacancy due to an
increase in number of Board members. Her term is effective immediately and
will expire March 31, 2000.
Sherrill Colston 333 Parker Avenue Buffalo, N.Y. 14216
Mr. Colston is owner of Colston Mobil Service Station and is a prominent
business community leader. He is a member of the NYS Chamber of Commerce,
Buffalo Better Business Bureau, WNY Retail Gasoline Association. He is a
registered Democrat and will be filling a vacancy due to an increase of Board
of Board Members. His term is effective immediately and will expire March 31,
2001.
Richard T. Reinhard 8 Harbour Pointe Buffalo, N. Y. 14202
Mr. Reinhard is the Executive Director, Buffalo Place, Inc. He has a
Master of Business and Public Management degree and is a member of the Board of
Directors of Greater Buffalo Convention & Visitors Bureau, Board of Trustees
Theodore Roosevelt Inaugural Site, etc. Mr. Reinhard is a registered Blank and
will be filling a vacancy due to an increase of Board members. His term is
effective immediately and will expire March 31, 1999.
Henry J. Osinski 175 Parkside Avenue Buffalo, N.Y. 14214
Mr. Osinski is a prominent business and community leader who has worked
more than 60 years to help better the City of Buffalo. Presently he is very
active with numerous senior citizen groups. Mr. Osinski is a registered
Democrat and is filling a vacancy due to an increase of Board members. His
term is effective immediately and will expire March 31, 1998.
I hereby certify that the above named persons are fully qualified to
serve.
Mr. Pitts moved:
That the communication from the Mayor, dated October 25, 1994, be
received and filed; and
That the appointment of members to the Board of Parking of Wayne F.
Chelikowsky, 51 Jewett Parkway, Buffalo, 14214 for a term effective immediately
and to expire March 31, 1998, of Sherrill Colston, 333 Parker Avenue, Buffalo,
14216 for a term effective immediately and to expire March 31, 2001, of Henry
J. Osinski, 175 Parkside Avenue, Buffalo 14214 for a term effective immediately
and to expire March 31, 1998 be, and hereby are confirmed.; and
That the appointment of Gerald Carriero, 426 Parker Ave., Buffalo, 14216,
R. Maura Cohen, 167 Windsor Avenue, Buffalo 14209 and Richard T. Reinhard, 8
Harbour Pointe, Buffalo 14202 be referred to the Committee on Legislation.
ADOPTED.
No. 6
Appointment of Members to the Board
of Directors of the Police Athletic League (P.A.L.)
Pursuant to the powers vested in me by Article V of the Constitution
and By-Laws of the Police Athletic League, Inc., I hereby appoint the following
individuals as members of the Board of Directors of the Police Athletic League
(P.A.L.), effective October 20, 1994 for terms expiring March 31, 1998:
NAME ADDRESS EXP. DATE
Rocco Diina 31 Woodbridge Ave, Bflo. 14214 3/31/98
John Pieri 60 Berkley PI., Bflo. 14209 3/31/98
Mark D. Becker 179 Claremont Ave., Bflo. 14222 3/31/98
Stanley Fernandez 297 Fargo Ave., Bflo. 14213 3/31/98
Judy Zaccagnino 178 Fenton St., Bflo. 14206 3/31/98
Rev. Charles Bang 11 Windsor Ave., Bflo. 14209 3/31/98
Ralph Salerno 136 Rebecca Park, Bflo. 14207 3/31/98
Kathleen Masiello 111 Penhurst Park, Bflo. 14222 3/31/98
Dan Kelly Main Place Tower, Bflo. 14202 3/31/98
Mike DeGeorge 259 Delaware Ave., Bflo. 14202 3/31/98
Bill Munson 514 Harrison Ave., Kenmore 14223 3/31/98
Mike Chapman 151 Wende Street, Bflo. 14211 3/31/98
Mike Billoni Swan & Washington Sts., Bflo. 14203 3/31/98
Mike Norwood 2 E. Woodlawn St., Bflo. 14211 3/31/98
Mary Thomas 55-1/2 Arkansas St., Bflo. 14213 3/31/98
Jim Pavel 67 Tyler Street, Bflo., 14214 3/31/98
Seymour Knox IV 250 Middlesex Rd, Bflo. 14216 3/31/98
David Shatzel, Sr. 1067 Amherst St, Bflo. 14216 3/31/98
I hereby certify that the above appointed individuals are fully qualified
to serve as members of the Board of Directors of the Police Athletic League
(P.A.L.).
RECEIVED AND FILED.
No. 7
Appointment Asst. Director of Stadium Operations
at Pilot Field
For your information I have appointed Mr. David Shatzel, Jr. of
82 Sargent Drive, Snyder, New York 14226, for the exempt position of Assistant
Director of Stadium Operations at Pilot Field, effective November 7, 1994.
David Shatzel is a resourceful manager and team player with a consistent
performance record with twelve years managerial experience, and able to
delegate policy and procedures. He has the ability to communicate and deal
effectively with all types of individuals. He has dealt with problems related
to building maintenance, work schedules and expenditures.
I hereby certify that David Shatzel, Jr. is fully qualified for
appointment to the position of Assistant Director of Stadium Operations at
Pilot Field.
RECEIVED AND FILED.
FROM THE MAYOR - EXECUTIVE DEPARTMENT
No. 8
Site Neutrality on Mercy Flight
I feel compelled to offer this clarification, my position regarding
the relocation of Mercy Flight to the City of Buffalo.
While, it is true that the position of the Buffalo Urban Renewal Agency
(BURA) approving the relocation of Mercy Flight to the Elm-Oak Corridor
reflected my continuing desire to foster development in the medical-technology
corridor at Main and High Streets, I do not view such relocation as a critical
component of that development. Since our initial discussions, several salient
arguments have been put forth regarding the siting of the helicopter at the
Erie County Medical Center. Equally salient points have been raised about the
Ehn-Oak site. I want only what's best for health care delivery for the people
of this city. I am "site neutral" as to the location of Mercy Flight but
obviously supportive of its location in Buffalo.
I hope this clears up any misconceptions that I favor one site over the
other for the relocation of Mercy Flight.
RECEIVED AND FILED.
FROM THE CITY PLANNING BOARD
No. 9
H.H. Acquisitions - Request to Erect a Pole Sign
at 1556 Hertel Avenue
Item No. 134, C.C.P., September 6, 1994
The City Planning Board at its regular meeting held Tuesday, October
11, 1994, voted to receive and file this matter captioned above, since your
Honorable Body has already approved the matter (Item No. 123, C.C.P., June 14,
1994).
RECEIVED AND FILED.
No. 10
Westside Rowing Club - Request to Erect a
One-Story Addition at 40 Porter Avenue
Item No. 84, C.C.P., September 20, 1994
The City Planning Board at its regular meeting held Tuesday, October
11, 1994, considered the above request pursuant to Section 511-68 of the
Buffalo Code, the Niagara Coastal Special Review District.
The applicant seeks to erect a one-story metal storage building measuring
20 feet by 120 feet, or 2400 square feet. The proposed building will be
accessory to the permitted use of the site. Under S.E.Q.R. the proposed
addition may be considered an unlisted action which may be studied through
uncoordinated review.
The Planning Board expressed concern over the new addition's lack of
landscaping inasmuch as it will be visible from the riverwalk to the east.
Consequently, the Board recommended that the applicant provide a vegetative
screen to soften the visual starkness of the proposed building. The applicant
agreed and provided a landscaping plan.
Given this, the Planning Board voted to recommend approval of the storage
building on the condition that the landscaping plan submitted by the applicant
is implemented.
RECEIVED AND FILED.
No. 11
Buffalo & Pittsburgh RR - Request to Erect a One-Story Railroad Storage
Building at 711 S. City Line Road (SIC)
Item No. 86, C.C.P., October 18, 1994
The City Planning Board at its regular meeting held Tuesday, October
25, 1994, consider the above request pursuant to Section 511-67 of the Buffalo
Code, the Buffalo Coastal Special Review District. The applicant seeks to
erect a one-story, 30 foot by 50 foot (1500 square feet), steel building for
the storage of train parts. The structure will be built on slab and will not
require excavation.
The site is located in an M2 zone which permits such uses. The site is
also within 2000 feet of Buffalo Colors Inactive Hazardous Waste Site (NYS
9-15-0004). Under SEQR the proposed storage building may be considered an
unlisted action which may be studied through uncoordinated review.
The Planning Board voted to approve the proposed storage building as
presented.
RECEIVED AND FILED.
No. 12
A. Lunetta - Request to Erect a One-Story Addition For Food Storage and Rest
Rooms at 1278 Hertel Avenue
Item No. 88, C.C.P., October 18, 1994
The City Planning Board at its regular meeting held Tuesday, October
25, 1994 considered the above application pursuant to Section 511-59 of the
Buffalo Code, the Hertel Avenue Special Zoning District.
The applicant seeks to erect a one-story masonry addition to the rear of
their existing restaurant to house a food storage and preparation area and rest
rooms. The proposed addition will be 1530 square feet in area.
The site of the addition is also the rear of a residential lot at 108
Crestwood. The proposed addition will displace an existing garage on the site
and leave a two-story dwelling on Crestwood. The applicant is the owner of
said property and indicated to the Board that he intends to demolish the
structure in the future to provide additional parking. There is currently
sufficient off-street parking for the restaurant.
The site is located in a C2 zone which permits the restaurant addition as
well as any future parking for the site. Under SEQR the proposed renovation is
a type II action which does not require further environmental review.
The Planning Board voted to approve the proposed restaurant expansion.
RECEIVED AND FILED
No. 13
P. Georgiadis - Request to Erect a Sit-In Restaurant
at 1081 Elmwood Avenue
Item No. 89, C.C.P., October 18, 1994
The City Planning Board at its regular meeting held Tuesday, October
25, 1994, considered the above request pursuant to Section 511-56 of the
Buffalo Code, the Elmwood Business Special Zoning District.
The applicant seeks to erect a 36 foot by 45 foot restaurant with on-site
accessory parking (17 spaces). The Buffalo Code requires only 11 spaces.
Three of the proposed parking spaces are in the front of the proposed building.
The site is located in the Elmwood Business zone which considers such
uses to be restricted uses which require the approval of your Honorable Body.
Under SEQR, the new restaurant is considered an unlisted action which may be
studied through uncoordinated review.
The Board voted to approve the proposed restaurant without the three
off-street parking spaces in the front of the building. The Board also notes
that this matter was before it at its meeting of June 21, 1994 (Item No. 77,
C.C.P., June 14, 1994) and that that application did not survive a mayoral
veto.
RECEIVED AND FILED.
No. 14
Tried Stone Baptist Church - Request to use
767-769 Humboldt Parkway for parking
Item No. 98, C.C.P., October 4, 1994
The City Planning Board at its regular meeting held Tuesday, October
25, 1994, considered the above request pursuant to Sections 511-68.1 and 98 of
the Buffalo Code, Restricted Parking in Residential Zones and the Hamlin Park
Overlay Review District.
The Planning Board voted to receive and file the matter referenced above
since your Honorable Body has already approved it.
RECEIVED AND FILED.
No. 15
Process/Requirements for SEQR Review
Item No. 95, C.C.P. 10/4/94
The Common Council has referred the issue of lead agency for City
SEQR procedures relevant to the Gelinmac and C&D Recycling projects to the
Environmental Management Commission.
Actual lead agency status would be denied the Commission in all cases
under SEQR, as the lead agency must be chosen from among those agencies with
actual yes-no decision powers.
The Commission appreciates that under the City framework for the Buffalo
Coastal Special Review District, it is the Common Council which has the
prerogative of making ultimate decisions. The Commission advises that it would
be pleased to provide the structure under which SEQR review functions could be
carried out, and to actually carry out the technical side of the review work.
But the Commission asks me to state that doing this would require additional
Commission staff support, along with formal assignment of responsibility to the
Commission.
The Commission states, as it has in the past, that SEQR is the
responsibility of the City in these and many other cases where City approvals
may have possible environmental impacts. It is the Commission's view that, in
the case of developers approaching the City for required approvals, predictable
and reliable City SEQR procedures would also facilitate economic development
activities.
REFERRED TO THE COMMITTEE ON LEGISLATION.
FROM THE COMPTROLLER
No. 16
Report of Audits
1990 - 1994
C.C.P. #208 (10-4-94)
C.C.P. #211 (10-4-94)
In response to the above C.C.P.'s, my office is providing the
Common Council with, what I trust, is a comprehensive compilation of the audit
efforts of the Division of Audit since April 1990. This compilation includes a
listing of audits performed with departmental and/or division responses (if
applicable) along with Common Council action.
With specific attention to Vital Statistics, this compilation points out
recommendations of our Audit Division and you will notice that the
recommendations with respect to implementing stronger internal controls are
consistent dating back to 1983. The audit of Vital Statistics filed in May
1990 made specific reference to the possibility of lost and/or stolen cash and
no action was taken by the Division of Vital Statistics or the previous
Administration to correct the apparent weakness. The Common Council received
and filed this audit as well as all the previous audits.
As a result of a request for assistance by the City Clerk in December
1992, the Division of Data Processing has been working with Vital Statistics as
part of the City Clerk's Office to implement a computerized system with respect
to applications for and the processing of birth and death certificates.
Available technology in City Hall was inadequate to computerize Vital
Statistics. Therefore, monies were requisitioned and approved as part of the
1993-94 budget. Equipment and software was purchased by the City Clerk's
Office. Albany agreed to send birth records in August 1994 for years 1974 to
1991 and death records for years 1958 to 1991. In September 1994, the Division
of Data Processing designed a system using Access and Visual Basic for the
retrieval and printing of birth and death records. In November 1994, the City
Clerk's Office should be using the new system for birth records, however,
expanded analysis is needed for death records. The implementation of the system
was delayed due to the fact that Albany was unable to provide the City with
birth and death records in a usable media. The vast majority of the records
had to be processed individually using scanning work stations. The new systems
will have built in control features to deter the possibility of attempted
embezzlement.
As I have recently recommended, I am convinced centralizing payments
that are currently scattered throughout the building into the Treasurer's
Office will give the City better controls over cash and other monetary
transactions. This procedure will eliminate the need for additional staff to
audit those divisions and departments that are not presently centralized. In
addition, this department is currently in the process of visiting all
departments and divisions to assess their internal controls with respect to
cash transactions (inside and outside City Hall).
The possibility of consolidating the function of Vital Statistics with
Erie County has potential. I suggest that a Task Force be established to
investigate this possibility. I strongly recommend that your Honorable Body
pursue this matter further with the appropriate officials of Erie County as
well as the local governments that would be affected by this type of
consolidation.
If I can be of further assistance to you on this matter, please let me
know. I look forward to working with the Common Council and the new
Administration on implementing progressive change in the matter in which the
public's business is conducted.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 17
Lease - 278 William Street
American Legion, Jesse Clipper
Post #430
The Division of Real Estate has received a request from American
Legion, Jesse Clipper Post #430 to lease the above property for their post
activities.
The property consists of a three-story brick structure that houses a
bar/restaurant, garage on the first floor and apartments on the upper floors.
The property is situated at the corner of William and Cedar on a lot 541 x
160'. The building is vacant and in fair to good condition.
The Jesse Clipper Post is requesting to lease the property for a three
year period at an annual rental of $500. Their intent is to repair and remodel
the building to suit their needs. They are asking for an option to purchase
the property during the three year lease period at the current 1994 market
value of the property.
During this three year period, they will hold fund raisers and save money
from dues and other activities to help pay for cost of purchase and renovation
of the building. They have also agreed to provide liability and properly
damage insurance holding the City of Buffalo harmless from any liability which
might occur from their use of the property.
I am recommending that Your Honorable Body approve the request of the
American Legion, Jesse Clipper Post #430, to lease 278 William Street upon the
above stated terms and conditions. I am further recommending that the
Corporation Counsel prepare the necessary lease and that the Mayor be
authorized to execute the same.
Mr. Pitts moved:
That the communication from the Comptroller, dated October 24, 1994, be
received and filed; and
That the Comptroller be, and he hereby is, authorized to enter into a
lease between the City of Buffalo and the American Legion Jesse Clipper Post
#430 at 278 William Street for a three year period at an annual rental of
$500.00. That the Corporation Counsel shall prepare the necessary lease renewal
and that the Mayor be authorized to execute the same upon the terms and
conditions as stated in the above communication.
PASSED.
AYES - 13 NOES - 0.
No. 18
Results of Negotiations
38 Lemon, W 351' N Cherry Vacant Lot: 25' x 1000'
Assessed Valuation: $1,100
Item No. 91, C.C.P. 6/14/94
In the above referenced item Your Honorable Body authorized the
Office of the Comptroller, Division of Real Estate, to negotiate a private sale
with Ms. Carol Schweickert and Frank J. Silvers to purchase the above property.
They intend to purchase the vacant lot and use for a driveway and erect a
garage at some future date.
An independent appraisal of the property was conducted by Mr. Robert E.
Jones, CREA, 1325 Kensington Avenue, Buffalo, New York 14215. He has estimated
the fair market value of the property to be Five Hundred Dollars ($500.00).
This represents approximately Twenty Cents (.20) a square foot. The Division
of Real Estate has investigated the sales of similar property in the area.
Sale prices range from Twenty-Four Cents (.24) a square foot to Forty Cents
(.40) a square foot.
The results of our negotiations are that the purchasers have agreed and
are prepared to pay Seven Hundred and Fifty Dollars ($750.00) for the subject
property, which represents a sale price of Thirty Cents (.30) a square foot.
They have also agreed to pay for the cost of the appraisal, transfer tax,
recording fees and cost of the legal description.
I am recommending that Your Honorable Body approve the sale of 38 Lemon
to Ms. Carol Schweickert and Frank J. Silvers in the amount of Seven Hundred
and Fifty Dollars ($750.00). I am further recommending that Your Honorable
Body authorize the Corporation Counsel to prepare the necessary documents for
the transfer of title and that the Mayor be authorized to execute same.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 19
Certificate of Appointment
Appointment effective 10/18/94 in the Department of Audit and
Control Division of Accounting, Denise A. Gillig, 137 Hollywood Avenue, Buffalo
NY 14220 to the position of Junior Data Control Clerk, Temporary at the
Intermediate Starting Salary of $21,215.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
FROM THE PRESIDENT OF THE COUNCIL
No. 20
Appt. Member - Solid Waste Committee
This is to notify you that I have appointed William Nowak, Council
Staff, and Council Member Kevin J. Helfer to the Solid Waste Committee.
RECEIVED AND FILED.
FROM THE COMMISSIONER OF ASSESSMENT
No. 21
Transfer of Funds
This is a request for a transfer of funds in the following manner:
$500.00 from Account 114 - Overtime Pay
$500.00 to Account 982 - Operating Equipment
Mr. Pitts moved
That the request from the Commissioner of Assessment for the transfer of
funds, $500 from Account 114 - Overtime Pay to Account 982 - Operating
Equipment be and is hereby approved.
PASSED.
AYES - 13 NOES - 0.
No. 22
Liquor License Applications - 45 W. Chippewa
Item No. 81, C.C.P. 10/04/94
We reviewed our tax files to determine if the individual and/or
corporation applying for a liquor license owe real property tax, sewer rent,
local assessment and occupancy tax. According to our records, please be
advised of the following:
45 Chippewa Street assessed as 45 Chippewa West and assessed to Marc'son
Development Co., Inc., 491 Delaware Avenue, Buffalo, New York. Our records
show the following City taxes and Sewer Rent unpaid:
1993-94 City tax and Sewer Rent $17,442.45
1994-95 First half City tax 6,989.66
1994-95 Sewer Rent 543.92
(Interest computed as of October 31, 1994)
The occupancy tax is paid. The applicant, Patrick A. Cipolla,
representing Entertainment Systems Holding Corp. as Secretary, owns property at
225 Norwood in the City of Buffalo along with Timothy G. Cansdale. Their
mailing address is P.O. Box 435, Lancaster, New York. Our records show the
following City taxes and Sewer Rent unpaid:
1994-95 First half City tax $2,052.24
1994-95 Sewer Rent 159.70
(Interest computed as of October 31, 1994)
The occupancy tax is paid. We show nothing under the business name,
Entertainment Systems Holding Corp. It is suggested Your Honorable Body obtain
the names of the other principals of this corporation and we can further check
for taxes owing.
REFERRED TO THE COMMITTEE ON FINANCE.
FROM THE COMMISSIONER OF PUBLIC WORKS
No. 23
Cancellation of an Auctioneer's Bond
It is hereby certified that the following bond is hereby cancelled
as of September 23, 1994 because Frank Reidy D/B/A Capital Auctions is no
longer in business in the City of Buffalo.
Bond Principal: Frank Reidy D/B/A Capital Auctions
By: Western Surety Company
Amount: $5,000
Bond#: 68319827
Said bond described is hereby released and cancelled as to future
liability in accordance with the provisions of Section 47 of the charter as
amended.
RECEIVED AND FILED.
No. 24
Extension of Time on Contract
New Roof Memorial Auditorium
In accordance with the terms of the contract between the City
of Buffalo and Jos. A. Sanders & Sons, Inc. the work should have been completed
by September 6, 1994.
Due to a delay in shipment of materials from the supplier this contractor
could not complete the work of their contract on time. This is the first
extension of time on this contract.
I have granted an extension of time to November 4, 1994 to Jos. A.
Sanders, & Sons, Inc. to complete the work of their contract.
RECEIVED AND FILED.
No. 25
Notification Serial #8417
Parking Meters-Repeal
In conformity with Section 49 of Chapter 479 of the Ordinances
of the City of Buffalo, the City Engineer hereby notifies your Honorable Body
of this action supplementing, amending, or repealing existing provisions of
Chapter 479 of the Ordinances, as stated below, to be effective forty five days
after the first council meeting at which they appear on the agenda as an item
business.
That that part of Subdivision 3 of Section 33 of Chapter 479 or
Ordinances of the City of Buffalo be supplemented by repealing therefrom the
following: PARKING METERS
HIGHWAY LOCATION PORTION OF HIGHWAY
Elm Street - east & west sides from Carlton to Virginia
Notification Serial #8418
Repeal of Permissive Parking on Elm Street
between Carlton & Virginia Streets
In conformity with Section 49 of Chapter 479 of the Ordinances
of the City of Buffalo, the City Engineer hereby notifies your Honorable Body
of this action supplementing, amending, or repealing existing provisions of
Chapter 479 of the Ordinances, as stated below, to be effective forty five days
after the first Council meeting at which they appear on the agenda as an item
business.
That that part of Subdivision 25 of Section 15 of Chapter 479 of
Ordinances of the City of Buffalo be supplemented by repealing therefrom the
following: Permissive Parking
PERMISSIVE PKG LOCATION PD PERMISSIVE PKG DAILY
Elm Street, east & west sides 2 hour parking 7a.m. - 7p.m.
between Carlton & Virginia Sts Except Sunday
This action is necessary due to the parking meter removals in this area.
RECEIVED AND FILED.
No. 26
Informal Bids
Gate Valve - Main and Florence
Division of Water (Info Only)
Due to the heavy traffic at the location of Main and Florence
and the special equipment needed, the Division of Water was not able to make
repairs for the removal of a gate valve and replacement of a new valve at this
location.
The contract required the removal of a roof on a vault that houses the
old gate valve. They then have to replace it with a 36" direct bury valve.
This will eliminate the need for a vault and maintenance will be minimal. The
Division of Water took informal bids on September 21, 1994. Following is
report of the informal bids:
Herbert F. Darling, Inc.
131 California Drive
Williamsville, NY $ 30,000.00
Firstrhyme Construction Company, Inc.
3517 Genesee Street
Buffalo, New York $ 32,100.00
Kandey Company, Inc.
19 Ransier Drive
Buffalo, New York $ 32,357.00
Mar-Wal Construction Company, Inc.
440 Gould Avenue
Depew, New York $ 34,750.00
E & R General Construction, Inc.
38 St. David's Drive
West Seneca, NY $ 74,300.00
Based on the bids received, I have awarded the project to Herbert F.
Darling, Inc. in the amount of $ 30,000.00. Funds for this project are
available in the Division of Water's 416 Capital Projects Fund, 980-060
account.
This communication is for your information only.
RECEIVED AND FILED.
No. 27
Emergency Repairs
Watermain Replacement - West Eagle Street
Informational Purposes Only
The Division of Water accepted a proposal from Falgiano Construction
Company, Inc., 95 Leslie Street, Buffalo, New York for installation of a 280
ft. section of 8 inch ductile iron pipe on West Eagle between Delaware Avenue
and Franklin Street. Falgiano Construction was on sight as a sub-contractor for
Mollenberg-Betz, Inc. who is under contract with the County of Erie to do the
district heating installation.
An emergency situation was uncovered when the County started to construct
the district heating project for the BAC and the County's Rath Building. The
watermain was so deteriorated that the City had to run a temporary service to
supply water to the BAC. Since this can only be a temporary situation, we were
unable to use the regular bidding process as this pipe must be replaced prior
to the winter weather sitting in. The street must also be resurfaced in this
heavily traveled street.
Falgiano Construction Company, Inc. is doing this work for $33,000.00.
Funds are available in the Division of Water's Capital Projects accounts.
The Engineer for the Division of Water has notified us of the seriousness
of the situation and that this construction must be done to restore service to
the BAC and to fill in the open trench that is in place on West Eagle.
This communication is for informational purposes only.
RECEIVED AND FILED.
No. 28
Permission to Enter into
All Agreements for the
Reconstruction of Broadway
From Bailey to Harlem
City of Buffalo/
Town of Cheektowaga
P.I.N. 5012.14.122
Broadway from Bailey to Harlem is scheduled for construction in
March of 1995. Funding for this project is 80% Federal and 20% State.
Attached please find a copy of the resolution to maintain sidewalks
within a portion of the referenced project.
I hereby request Your Honorable Body to authorize the Mayor of the City
of Buffalo to execute all necessary agreements for this project.
REFERRED TO THE COMMITTEE OF FINANCE.
No. 29
Permission to Hire a
Consultant to Inspect
Various Construction Projects
I hereby request permission from Your Honorable Body to authorize
the Commissioner of Public Works to enter into an agreement with a Consultant
Engineer to perform the necessary survey, design, and inspection work required
for various Public Works construction projects.
Therefore, the Commissioner of Public Works is asking for permission to
hire a consultant on a 12 to 18 month contract not to exceed $150,000.00 to do
this work.
Funds for this work are available in Bond Funds 200-401-021.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 30
Request Permission to Advertise for Bids
and Award a Contract for the Painting of
Street Light Standards for Fiscal year 1994-95
We hereby request your Honorable Body's permission to advertise
for bids and to award a contract for the painting of street light standards.
Funds for this project are available in Bond Account 200-401-507-00-000.
Mr. Pitts moved:
That the communication from the Department of Public Works dated October
18, 1994 be received and filed; and
That the Commissioner of Public Works be, and he hereby is authorized to
advertise for bids and to award a contract for the Painting of Street Light
Standards for Fiscal year 1994-95, with said cost to be charged to Bond Account
200-401-507-00-000.
ADOPTED.
No. 31
Report of Bids
Reconstruction of Roofing
East Clinton Branch Library 1929 Clinton Street
I asked for and received the following Informal Proposals which
were publicly opened and read on October 26, 1994.
Jameson Roofing Co. $18,950.00
Grove Roofing Co. $19,385.00
Weaver Metal and Roofing no bid
I hereby certify that the foregoing is a true and correct statement of
all bids received and that Jameson Roofing Co. in the amount of $18,950.00 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 will
be available in B/F 200-402-050 - Division of Buildings.
Estimate for this work was $19,000.00.
Mr. Pitts moved:
That the communication from the Department of Public Works, dated October
26, 1994, be received and filed; and
That the Commissioner of Public Works be, and he hereby is, authorized to
award a contract for Reconstruction of Roofing East Clinton Branch Library,
1929 Clinton Street to Jameson Roofing Co., the lowest responsible bidder in
the amount of $18,950.00, with said cost to be charged against the B/F
200-402-050 Division of Buildings.
PASSED.
AYES - 13 NOES - 0.
No. 32
Change Order No. 3
Construction of New 8 Inch Watermain
in Gibson Street
City Contract No. 91142300
I hereby submit to your Honorable Body the following change order
with Visone Construction for work relating to Construction of New Watermain in
Gibson Street, Contract No. 20, City Contract No. 91742300:
Item No. 09.106 - 6 inch Ductile Iron Pipe
Original estimated quantity was 150 l.f. Actual installed quantity was 129.52
I.f. Decrease: $ 716.80
Item No. 09.10-8 - 8 Inch Ductile Iron Pipe
Original estimated quantity was 1875 I.f. Actual installed quantity was
1833.74. Decrease: $ 1,547.25
Item No. 09.4 1 0 - Ductile Iron Waterline Pipe Specials
Original estimated quantity was 6000 I.f Actual installed quantity was 5040
I.f. Decrease: $ 2,880.00
Item No. 09.506 - 6 Inch Water Valves and Boxes
Original estimated quantity - 11 each. Actual installed quantity was 12.
Increase: $ 730.00
Item No. 09.508 - 8 Inch Water Valves and Boxes
Original estimated quantity - 4 each. Actual installed quantity was 3 each.
Decrease: $ 860.00
Item No. 09.720 - Curb Stop - Installed
Original estimated quantity - 5 4 each. Actual installed quantity - 0 each.
Decrease: $ 2,025.00
Item No. 09.730 - 3/4 Inch Water Service Pipe - Installed
Original estimated quantity - 50 l.f. Actual installed quantity 0.00 l.f.
Decrease: $ 1,250.00
Item No. 09.740 - Long Side New Water Service Installation 3/4 Inch
Original estimated quantity - 40 each. Actual installed quantity - 3 5 each.
Decrease: $ 3,250.00
Item No. 09.81 0 - Water Service Box - Cover and Bolt - Install/Replace
Original estimated quantity - 5 each. Actual installed quantity - 0 each.
Decrease: $ 125.00
Item No. 09.812 - Water Service Box - Top Section - Install/Replace
Original estimated quantity - 5 each. Actual installed quantity - 0 each.
Decrease: $ 1,000.00
Item No. 09.820 - Water Service Box - Reset
Original estimated quantity - 5 each. Actual installed quantity - 0.00 each.
Decrease: $ 2,250.00
Item No. 09.830 - Water Service Box - Relocate
Original estimated quantity - 5 each. Actual installed quantity -
0.00 each Decrease: $ 4,250.00
Item No. 88. 1 00 - Watermain Trench Pavement Restoration and Replacement
Original estimated quantity - 1600.00 sy. Actual installed quantity 1576.30 sy.
Decrease: $ 319.95
Item No. 02.150 - Extra Unclassified Excavation and Backfill
Original estimated quantity - 100 cy. Actual installed quantity - 81.88 cy.
Decrease: $ 453.00
Item No. 02.120 - Rock Excavation
Original estimated quantity - 50 c.y. - Actual installed quantity 82. 1 0 c.y.
Decrease: $ 750.00
Item No. 03.1 1 0 - Extra Select Granular Fill
Original estimated quantity - 100 c.y. Actual installed quantity 82. 1 0 c.y.
Decrease: $ 358.00
Lump sum increase for all labor, materials, and equipment required to furnish
and install two (2) meter pit assemblies.
Increase: $ 2,470.20
Actual amounts installed for contract unit quantities not equal to
estimates quantities. The meter pits discovered during construction require
replacement at time of new house water service installation due to deteriorated
condition.
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 $ 212,912.50
Amount of Change Order No. 1 - Increase $ 32,008.00
Amount of Change Order No. 2 - Increase $ 3,620.10
Amount of Change Order No. 3 - Decrease $ 18,834.80
Current Amount of Contract $196,977.70
Funds in the amount of $18,834.80 are to be credited to the Division of
Water's 416-Capital Project Fund, 982-004-00-000 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
The Repair of Street Cuts - 1994
Thomann & Loewer Asphalt Paving Corporation
Contract No. 91774900
I hereby submit to Your Honorable Body the following negotiated
unit price addition to the contract for the above named project. This change
order is necessary to enable us to restore the brick pavement in the area of a
plumber street-cut, at 24 Naragansett Road:
New Contract Estimated Unit
Item No. Description Quantity Price Est. Cost
90.140 Brick 4.0 S.Y. $225/S.Y. $900.00
Pavement
Pick-Up/Deliver/
Install
Total Change Order No. 1 $900.00
Contract Summary:
Original Contract Amount $69,406.00
Increase In (As Per Item #135 CCP 7/12/94) 5,594.00
This Change Order No. 1 900.00
Total Contract $75,900.00
Funds for this change order ($900.00) are available in Division of
Engineering Bond Fund Account 200-401-507-00-000.
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 Thomann & Loewer Asphalt Paving Corporation.
Mr. Pitts moved:
That the communication from the Department of Public Works, dated October
27, 1994, be received and filed; and
That the Commissioner of Public Works be, and he hereby is, authorized to
issue change order #1 to Thomann & Loewer Asphalt Paving Corporation, changes
resulting in a net increase in the amount of $900.00, as more fully described
in the above communication, for contract relating to Repair of Street Cuts -
1994, Contract No. 91774900. Funds to be charged to the Division of
Engineering Bond Fund Account 200-401-507-00-000.
PASSED.
AYES - 13 NOES - 0.
No. 34
Change In Contract
Change Order No. 1
Skillen Street
Roesch to Vulcan
Group No. 360-B -
Destro Bros. Conc. Co., Inc
Contract No. 91787800
I hereby submit to Your Honorable Body the following contract
unit price additions to the above named project. This change order is
necessary to enable us to make improvements at various locations listed below,
including new curbing, concrete sidewalk, and landscaping as necessary:
Change Order No. 1 - List of Locations
Location Estimated Cost
1. 610 Hertel Avenue $ 448.00
2. Roesch - Newfield to Albermarle $8,827.00
3. Wyandotte - Skillen to Newfield $2,302.00
4. 364 Roesch Avenue $1,008.00
5. 109 & 113 Elgas $ 905.00
6. 84 London $246.00
7. 529-533 Tonawanda Street $2,221.00
8. 51 Wyandotte $ 493.00
9. 85 Philadelphia $ 827.00
10. 89 Rosedale $ 493.00
11. 130 Riverside $ 530.00
12. 120 Hinman $690.00
Total Change Order No. 1 $18,990.00
Contract Summary:
Original Contract Amount $140,000.00
This Change Order No. 1 $ 18,990.00
Total Contract $158,990.00
Funds for this change order ($18,990.00) 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 Destro Brothers Concrete Company, Inc.
Mr. Pitts moved:
That the communication from the Department of Public Works, dated October
25, 1994, be received and filed; and
That the Commissioner of Public Works be, and he hereby is, authorized to
issue change order #1 to Destro Brothers Concrete Co., Inc., changes resulting
in a net increase in the amount of $18,990.00, as more fully described in the
above communication, for contract relating to Skillen Street - Roesch to Vulcan
Group No. 360-B, Contract No. 91787800. Funds to be charged to the Division of
Engineering Bond Fund Account 200-401-014-00-000.
PASSED.
AYES - 13 NOES - 0.
No. 35
Change In Contract
Change Order No. 2
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 contract
unit price additions to the contract for the above named project. This change
order is necessary to enable us to make improvements at various spot locations
listed below, including new curbing, concrete sidewalk, and landscaping where
necessary:
Change Order No. 2 - List of Locations
Location Estimated Cost
1. Esser Street - Skillen to Newfield $6,603.00
2. Belmont Street - Roesch to Doyle $6,213.00
3. 730 Ashland Avenue $417.00
4. 731 Ashland Avenue $828.00
5. 584 Potomac Avenue $1,124.00
Total Change Order No. 2 $15,185.00
Contract Summary
Original Contract Amount $216,123.77
Change Order No. 1 $59,750.00
This Change Order No. 2 $15,185.00
Total Contract $291,058.77
Funds for this change order ($15,185.00) 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
26, 1994, be received and filed; and
That the Commissioner of Public Works be, and he hereby is, authorized to
issue change order #2 to M.P.J. Contracting, Inc., changes resulting in a net
increase in the amount of $15,185.00, as more fully described in the above
communication, for contract relating to Argyle Park - West Delavan to Potomac
Group No. 366, Contract No. 91789000. Funds to be charged to the Division of
Engineering Bond Fund Account 200-401-014-00-000.
PASSED.
AYES- 13 NOES- 0.
No. 36
Change In Contract
Change Order No. 1
Heater/Scarifying of
City Pavements 1994-1995
Highway Rehabilitation Corporation
Contract No. 91790800
I hereby submit to Your Honorable Body the following negotiated
unit price additions to the above named project. This change order is
necessary to a.) establish communications with the Street Paving Office and
field operations; and b.) to enable us to make spot pavement repairs at various
locations throughout the City.
Contract Additions:
New Contract Total Unit
Item Number Description Quantity Price Est. Cost
04.340 Bituminous 1,000 S.Y. $10.00/ $10,000.00
Asphalt S.Y.
Cold/Planning
Less than 400
Square Yards
Per Location
90.900 Mobil 8 Months $200 $1,600.00
Field Office Per Mo.
Total Additions $11,600.00
Contract Deletions:
Existing Total Unit
Item Number Description Quantity Price Cost
04.310 Bituminous 6,373.6 S.Y. $1.82 $11,600.00
Asphalt
Heater/Scarifying
Total Deletions $11,600.00
NET CHANGE ORDER NO. 1 $ .00
Contract Summary:
Original Contract Amount $387,075.00
This Change Order No. 1 $ .00
Total Contract $387,075.00
Funds for this change order ($0.00) are available in Division of
Engineering O&M Fund Account 014-561-00-000.
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 Highway Rehabilitation Corporation.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 37
Process for Demolitions
Please be aware that the Department of Public Works will actively
participate on any committee that is set in place attempting to improve the
existing demolition process. Please contact me regarding any future assistance
that will encourage this effort.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 38
Water Rate Restructuring Study
Item No. 35, C.C.P. 9/20/94
At the special Finance Committee meeting of October 24, 1994,
this department was asked to provide additional explanation of Alternative #4
as proposed by Black & Veatch.
Under Alternative #4, the current practice of having a minimum usage
requirement would be replaced by a fixed service charge. This service charge
would change based on the size of the meter. For most residential customers
who use the smaller meters, and based on our current budget the service charge
would be $11.53 per quarter. In addition to the fixed charge, the customer will
also be required to pay a fee based on the actual amount of water used. Again
based on our current budget, they would pay $8.40 per 1000 c.f for the first
9000 c.f. The unit price due for larger consumptions would reduce minutely.
Very few residential customers exceed 9000 c.f unless they have some unusual
circumstances.
The Committee also asked for a report on flat rate customers. It is the
Board's feeling that the current flat rate system is not perfect but that it
does cover a somewhat reasonable share of the cost of service when the cost to
all water system customers are considered. The Board wishes to encourage meter
installations and hope that flat rate customers who face an inequity in billing
will switch over to a metered account.
This department is currently devising a plan to meter all customers in
the City. At the present time only 14.7% of our customers have meters. Cost
estimates to supply and install meters for all customers range from $15 to $25
million depending on the type of reading system used. The Board and this
department is currently studying all options, and we expect to begin a metering
program this fiscal year.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 39
Contractor Name Explanations
As per the request of Council President Arthur, the following
is an explanation of the initials for the three (3) construction contractors
requested:
(1) ABP - Anthony B. Parisi - President/Owner
3170 Delaware Ave, Kenmore, 14217 - 873-5878
(2) MPJ Contracting, Inc. - Michael Peter James
Michael Vaccaro - President/Owner
68 Churchill Street, Buffalo 14207 - 875-3005
(3) LCP
Tom Alico - President
589 Northland Avenue, Buffalo 14211 - 893-2118
If additional information is requested, kindly advise.
RECEIVED AND FILED.
No. 40
Canisius College Requests Use Of
Portion Of Delavan Avenue Armory
Canisius College has requested the use of a small portion of Delavan
Avenue Armory for practice by members of their indoor team. The college will
use a comer of the existing garage for training of their weight programs. They
have filed a Certificate Insurance to hold the City harmless in this
undertaking.
The Armory is owned by the State of New York and leased to the City, and
I am also seeking authorization for this use by the State Office of General
Services. I hereby request Your Honorable Body's authorization to allow
Canisius College to use this facility for the stated purpose pending approval
of the State of New York.
REFERRED TO THE COMMITTEE ON FINANCE, THE CORPORATION COUNSEL AND THE NEW YORK
STATE OFFICE OF GENERAL SERVICES.
No. 41
Encroachment 525 West Ferry;
Handicap Ramp Within Right of Way
The Reverend Jonathan Smith, Pastor of Richmond United Methodist
Church, located 525 West Ferry Street, has requested permission to install a
handicap ramp which would encroach city right of way at said address.
The proposed ramp would measure 90 feet in length, 5 feet in width, and
be located on the West Ferry street side of the property. This ramp will not
encroach into the public sidewalk area in any manner.
The Department of Public Works has reviewed Reverend Smith's application
pursuant to Chapter 413-59.1 (Handicapped Access Ramps) of the City ordinances
and has no objection to your Honorable Body authorizing the Commissioner of
Public Works to issue "Mere License,, for said installation provided the
following conditions are met:
1. That the applicant obtain any and all other City of Buffalo permits
necessary for said installation.
2 That the ramp be installed exactly as shown on plans submitted to and
approved by the Department of Public works, Division of Buildings.
3. That the ramp be constructed so as not to be permanent in nature.
4. 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 ramp.
Mr. Pitts moved
That the Department of Public Works is hereby authorized to issue a "Mere
License" for installation of a ramp as further described in the above described
communication subject to the conditions set forth by the Department of Public
Works.
PASSED.
AYES- 13 NOES- 0.
No. 42
Encroachment 1103 Genesee
Awning Within Right of Way
Mrs. Lois Alexander, owner of Lincoln Child Day Care center, located
at 1103 Genesee Street, has requested permission to install an awning which
would encroach city right of way at said address.
The proposed awning would measure 44 feet in length 5 feet in height, and
project 2 feet from the building face into city right of way.
The Department of Public works has reviewed Mrs. Alexanders application
pursuant to Chapter 413-56 (awnings, canopies and marquees) of the City
ordinances and has no objection to your Honorable Body authorizing the
Commissioner of Public Works to issue a "Mere License" for said installation
provided the following conditions are met:
1. That the applicant obtain any and all other City of Buffalo permits
necessary for said installation.
2. That the awning be installed exactly as shown on plans submitted to and
approved by the Department of Public Works, Division of Buildings.
4. 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. 43
Work Involving Backflow Prevention Devices
No. 112, C.C.P. 9/6/94
The referenced item was referred to this Department for a report.
The question being asked is whether a licensed plumber is required to inspect
backflow prevention devices. Attached is a report from the City's Corporation
Counsel indicating that Section 326-14 of the Buffalo Plumbing Code lists
backflow prevention devices as plumbing fixtures and thus any installation,
service, maintenance, testing, repair or modifications must therefore be
performed under the supervision of a licensed master plumber.
The Plumbing Code is adopted by the Buffalo Board of Plumbers and is
monitored and enforced by the City's Department of Inspection & Community
Revitalization. This Department's involvement is only in testing of backflow
preventors which are installed as part of the City's Water Distribution System.
If any changes to this Law are being suggested, they should be forwarded to
the Plumbing Board and to the Commissioner of Inspection & Community
Revitalization.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 44
Reply to Liquor License Applications - 45 W. Chippewa
Item #81, C.C.P. 10/4/94
In reference to C.C.P. Item #81 10/4/94, applications for Restaurant
Music/ and Coin Controlled Amusement Devices were mailed to Entertainment
Systems Holding Corp., 45 West Chippewa Street.
REFERRED TO THE COMMITTEE ON FINANCE.
FROM THE COMMISSIONER OF PARKS
No. 45
Result of Bids-Citywide
Tree Trimming - 1994
This Department prepared plans and specifications and advertised
for sealed proposals for the above project. Bids were opened and publicly read
at 11:00 a.m. on October 12, 1994, and were as follows:
Mays Tree Service $ 33,300.00 (LOW BID)
555 Erie Street
Lancaster, New York 14086
Maplewood Construction Corp. $ 34,625.00
6440 Omphalius Rd.
Colden, New York 14033
Monroe Tree Service $ 60,925.00
225 Ballantyne Rd.
Rochester, New York 14623
I hereby certify that Mays Tree Service, 555 Erie Street, Lancaster, New
York 14086 is the lowest responsible bidder and it is my recommendation that
the bid submitted be accepted and the project be charged to account 60-1 Parks
100-601-012-00-538.
I hereby certify that the foregoing is a true and correct statement of
all bids received.
Mr. Pitts moved:
That the communication from the Department of Parks, dated October 26,
1994, be received and filed; and
That the Commissioner of Parks be, and he hereby is, authorized to award
a contract for Tree Trimming - 1994 to Mays Tree Service, the lowest
responsible bidder in the amount of $33,300.00, with said cost to be charged
against the account 60-1 Parks 100-601-012-00-538.
PASSED.
AYES- 13 NOES- 0.
No. 46
Result of Bids-Citywide
Tree Removal - 1994
This Department prepared plans and specifications and advertised
for sealed proposals for the above project. Bids were opened and publicly read
at 11:00 a.m. on October 12, 1994 and were as follows:
Maplewood Construction Corp. $ 40,625.00 (LOW BID)
6440 Omphalius Rd.
Colden, New York 14033
Mays Tree Service $ 61,875.00
555 Erie Street
Lancaster, New York 14086
Monroe Tree Service $ 61,925.00
225 Ballantyne Rd.
Rochester, New York 14623
I hereby certify that Maplewood Construction Corp. 6440 Omphalius Rd.
Colden, New York is the lowest responsible bidder and it is my recommendation
that the bid submitted be accepted and the project be charged to account 60-1
Parks 100-601-012-00-538.
I hereby certify that the foregoing is a true and correct statement of
all bids received.
Mr. Pitts moved:
That the communication from the Department of Parks, dated October 26,
1994, be received and filed; and
That the Commissioner of Parks be, and he hereby is, authorized to award
a contract for Tree Removal - 1994 to Maplewood Construction Corp., the lowest
responsible bidder in the amount of $40,625.00, with said cost to be charged
against the account 60-1 Parks 100-601-012-00-538.
PASSED.
AYES - 13 NOES - 0.
No. 47
Emergency Removal of Hazardous Trees
On Private Property
Due to the very serious and hazardous condition of trees on the
properties listed below, an inspection was made by this Department and notices
were served on the owner, as per Chapter 308-32 of the City Ordinances.
Informal bids were received for the removal of these hazardous trees as
follows:
ADDRESS/OWNER CONTRACTOR/DOLLAR OFFER
1365 Michigan (rear yard) Greg's Tree Service $1,200.00
Julia Jones Tom-Kat Tree Service 975.00
28" diameter Ailanthus Monroe Tree/Lawntender 1,890.00
May's Tree Service 620.00
Schneck's Tree Removal 685.00
15 Mariner (rear yard) Greg's Tree Service $1,800.00
Painters Union Hall Tom Kat Tree Service 1,275.00
22" diameter Ailanthus Monroe Tree/Lawntender 1,800.00
May's Tree Service 550.00
Schneck's Tree Removal 620.00
3 Julius St. (front yard) Greg's Tree Service $7,500.00
Scott Brawdy Tom-Kat Tree Service 4,000.00
60" diameter Cottonwood Monroe Tree/Lawntender 3,380.00
May's Tree Service 3,000.00
Schneck's Tree Removal 3,113.00
69 Lewis (rear yard) Greg's Tree Service $1,800.00
Ronald Kolasinski Tom-Kat Tree Service 4,200.00
46" diameter Cottonwood Monroe Tree/Lawntender 3,490.00
May's Tree Service 2,000.00
Schneck's Tree Removal 2,112.00
54 B Street (rear yard) Greg's Tree Service $400.00
Caledonia Kelly Tom Kat Tree Service 295.00
24" diameter Linden Monroe Tree/Lawntender 890.00
May's Tree Service 200.00
Schneck's Tree Removal 215.00
I hereby certify that May's Tree Service is the lowest responsible bidder
in all but the property located at 69 Lewis Street, and that the low bids be
accepted.
I hereby certify that Greg's Tree Service is the lowest responsible
bidder with respect to the property located at 69 Lewis Street, and that the
low bid be accepted.
We therefore, respectfully request that upon the approval of Your
Honorable Body, the work will be ordered done and the cost of the tree removals
be assessed against the properties benefited and collected from the parties
responsible. The cost of this work will be charged to: Special Assessment
Fund: 500-00-002
Mr. Pitts moved:
That the communication from the Department of Parks, dated October 18,
1994, be received and filed; and
That the Commissioner of Parks be, and he hereby is, authorized to award
contracts for Removal of Hazardous Trees to May's Tree Service for 1365
Michigan (rear yard) in the amount of $650.00; for 15 Mariner (rear yard) in
the amount of $550.00; for 3 Julius Street (front yard) in the amount of
$3,000.00; for 54 B Street (rear yard) in the amount of $200.00; to Greg's Tree
Service for 69 Lewis (rear yard in the amount of $1,800.00, the lowest
responsible bidders, with said cost to be charged against the Special
Assessment Fund 500-00-002.
PASSED.
AYES - 13 NOES - 0.
No. 48
Report of Bids - Riverside Ice Rink
As authorized by your Honorable Body, this Department prepared
plans and specifications for the Riverside Ice Rink Concession. Advertisement
for bids was handled by the Division of Purchase. The October 7, 1994 bids are
as follows:
Nancy Miloff $ 2,541.00
1371 Center Rd.
West Seneca, New York 14224
William Shylo $ 2,504.00
132 Chadduck Avenue
Buffalo, New York 14207
I hereby certify that N. Miloff and W. Shylo were the only two (2)
bidders to respond with bid proposals and certified $200.00 bid deposits.
We are requesting that your Honorable Body consider approval to the 2nd
bidder, Mr. William Shylo, for the following reasons:
1. The difference in the bid amount is $37.00 annually.
2. Mr. Shylo is the current incumbent concessionaire at the Riverside Ice
Rink.
3. Mr. Shylo has been the concessionaire since before the 1990-1991 season.
4. Mr. Shylo has all his equipment in place as the incumbent.
5. Mr. Shylo has a spotless record of payment to the City. He has never
missed a payment and is currently paid in full.
6. Mr. Shylo is a City of Buffalo resident. Ms. Nancy Miloff, the highest
bidder, lives in West Seneca.
Attached, please find copies of the tabulations and proposals. Upon your
decision, we will proceed with an award and contact the Law Department to draw
up a contract.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 49
Explanation - Riverside Ice Rink - bid results.
Item No. 82, C.C.P. October 18, 1994
I have been asked to respond to the above referenced item.
It is my recommendation that the 2nd highest bidder be awarded the
concession rights to Riverside Ice Rink for the following reasons:
1- Mr. William Shylo, the 2nd highest bidder, is a City of Buffalo Resident.
Ms. Nancy Miloff, the high bidder lives in West Seneca.
2- The total net loss to the City is $37.00
High bid $2,541.
2nd High bid $2,504.
3- Mr. William Shylo has been at the location for a number of years. His
equipment would have to be moved, sold, while new equipment would have to be
brought in.
4- Our records show that Mr. Shylo has honored his previous contract with the
City. (i.e. has paid his franchise fees in a timely manner) and has run a
quality operation.
Official results of the Bid opening are filed in a separate item.
REFERRED TO THE COMMITTEE ON FINANCE.
FROM THE COMMISSIONER OF POLICE
No. 50
Fully Executed Drug Interdiction
Points of Entry Contract '94-'95
Item #108, C.C.P. 03/22/94
Please be advised that the Drug Interdiction/Points of Entry Program
contract between the New York state Division of Criminal Justice Services and
the City of Buffalo, on behalf of the Niagara Frontier Transit Authority Police
Department through a sub-agreement, has been fully executed in the amount of
$74,250.00 for the period April 14, 1994 through April 13, 1995.
As is our standard practice, a copy of this contract is on file in the
Department of Administration/Finance (Budget), in the Division of
Accounting/Audit and in the Grants Section of the Buffalo Police Department.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 51
Complaints- Bus/truck Pkg. - 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. 52
Sites for North and Downtown Police Pcts.
As part of the Police reorganization plan, Commissioner R. Gil
Kerlikowske has identified two sites that the Buffalo Police Department has
found acceptable for locating District Stationhouses.
For the North District, the Police Department recommends the Valu site at
Elmwood and Hertel. It is a site located on major thoroughfares, with ample
parking and a building already in existence. The Commissioner acknowledges that
leasing, as opposed to acquiring this building outright, should be explored as
an alternative. His proposal for modular interior construction should minimize
cost and greatly reduce the amount of time necessary to accomplish occupancy.
For the Downtown District, the Police Department recommends the Fernbach
Building/Parking Ramp. The site can accommodate the requisite transition to
increased office space, has ample parking and is situated to afford better
access to the public when compared with the current facility at 672 Main
Street. Again, with an existing building, the time necessary to gain occupancy
should be reduced somewhat.
These recommendations are submitted to the Police Re-Organization
Committee for its discussion and input.
REFERRED TO THE POLICE REORGANIZATION TASK FORCE.
FROM THE CORPORATION COUNSEL
No. 53
Settlement of Claim of Michelle Spain
D/A: 11/16/92
On November 16, 1992, a police vehicle driven by Detective Rene
Gil struck a vehicle driven by Michelle Spain. The accident occurred at the
intersection of Sycamore and Spring Streets. Ms. Spain claims she frequently
travels in this area and was almost through the intersection when she was
struck by the police vehicle. She claims the police vehicle was speeding.
Detective Gil denies he was speeding and claims that Ms. Spain signalled to
turn but did not, and proceeded through the intersection. He claims that he
attempted to avoid her vehicle but because of wet road conditions he slid into
the car. A traffic citation was never issued to Ms. Spain.
State Farm Insurance, Ms. Spain's insurance carrier, subsequently sued
the City for $3,090.00 representing damage to their insured's vehicle and
rental car expenses. The City counterclaimed for damages to its vehicle in the
amount of $2,149.00.
After discussions before City Court Judge Margaret Murphy the plaintiff
has agreed to accept $2,163.00 (i.e. 70% of their total claim of $3,090.00) in
return for the City accepting $645.00 (i.e. 30% of our total claim of
$2,163.00). The Vehicle and Traffic Law does give the right of way to vehicles
already in an intersection. Further, it is significant that Ms. Spain was never
issued a traffic citation. In view of the above, and the costs of defending
this action at trial, the Corporation Counsel recommends the proposed
settlement of $2,163.00.
Mr. Pitts moved:
That the communication from the Corporation Counsel dated, October 25,
1994 be received and filed; and
That the Corporation Counsel be, and he hereby is authorized to settle
the claim of Michelle Spain in the amount of $2,163.00.
PASSED.
AYES- 13 NOES- 0.
No. 54
Conflict of Interest
Buffalo Municipal Housing Authority Board
Item No. 3. C.C.P., 10/18/94
Opinion No. 94-127
You have requested an opinion regarding whether it is a violation
of Chapter 12 of the Code of the City of Buffalo, the Code of Ethics ("the Code
of Ethics") for the Commissioner of Inspections and Community Revitalization
Anthony A. Marconi to serve on the Buffalo Municipal Housing Authority Board
("BMHA Board").
Upon reviewing the Code of Ethics, we conclude that there is no inherent
conflict of interest. However, a determination should be sought by the Board
of Ethics because the Code of Ethics is silent on the issue of board membership
under these circumstances.
Since the Code of Ethics offered no guidance, we expanded our review to
state law. The General Municipal Law, which governs conflicts of interest, did
not indicate that it would be a conflict for the Commissioner to serve on the
BMHA Board.
However, the Public Housing Law does address the concern regarding
Commissioner Marconi. Section 30 (4) of the Public Housing Law states that
"(n)ot more than one member of an authority may be an official or an employee
of the municipality at any one time. In the event that an official or an
employee of the municipality shall be appointed as a member of the authority,
acceptance or retention of such appointment shall not be deemed a forfeiture of
his municipal office or employment, or incompatible therewith or affect his
tenure or compensation in any way. The term of office of a member of an
authority who is an official of the municipality shall terminate at the
expiration of the term of his municipal office."
In an informal opinion, the Attorney General found that a housing
authority member can be a municipal employee, but there can only be one
municipal employee on that board at any one time. The Attorney General believed
that "it seems apparent that the Legislature intended that a municipality be
permitted one official representative on the board of the housing authority."
Op. Atty. Gen. (Inf.) 92-29. Commissioner Marconi's appointment to the BMHA
Board is consistent with this intention.
Based on the above, we conclude that there is no conflict of interest
with Commissioner Marconi serving on the Buffalo Municipal Housing Authority
Board.
REFERRED TO THE BOARD OF ETHICS.
FROM THE COMMISSIONER OF COMMUNITY DEVELOPMENT
No. 55
Westside Rowing Club - Request to erect a one-story
addition at 40 Porter Avenue
Attached for your review is the Short Environmental Assessment
Form for the matter captioned above.
Mr. Pitts moved:
That the communication from the Department of Community Development,
dated October 14, 1994, be received and filed; and
That "Westside Rowing Club - Request to erect a one-story addition at 40
Porter Avenue" is an unlisted action as defined in 6 NYCRR Part 617.2. The
Common Council has approval authority over this item, and is therefore an
involved agency as defined in 617.2. As part of an uncoordinated review, the
Common Council has evaluated an Environmental Assessment Form (EAF) on this
item which has been completed by the applicant (Part I) and by the City
Planning Board (Part II); and
Having made an independent assessment of the information contained in the
EAF, the Common Council adopts the findings set forth in Part II and, as a
result, finds that this proposed action will not result in any significant
adverse environmental impacts. Therefore, this Common Council issues a negative
declaration.
ADOPTED.
No. 56
Decrease in Contract
91757000 Lang-Weber Field
I hereby submit to Your Honorable Body the following change in
contract for the Lang-Weber Field with Buffalo Creek Landscaping, Inc.,
Contract 91757000:
1. Substitute General Foundries, Inc. square catchbasin grate with frame for
specified Neenah Foundry Company round grate with frame Deduct $250.00
Summary:
Original Contract Amount $125,557.00
Change Order No. 1 (this change) Deduct $ $250.00
Revised Amount of Contract $125,307.00
This change could not be foreseen at the time the contract was bid.
Funds saved by this decrease should be returned to C.P.A. 200-717-072.
I recommend that Your Honorable Body authorize the Commissioner of
Community Development to issue a Change Order to Buffalo Creek Landscaping,
Inc. for a decrease of $250.00 as set forth above.
Mr. Pitts moved:
That the communication from the Department of Community Development,
dated October 25, 1994, be received and filed; and
That the Commissioner of Community Development be, and he hereby is,
authorized to issue change order #1 to Buffalo Creek Landscaping, Inc., changes
resulting in a net decrease in the amount of $250.00, as more fully described
in the above communication, for contract relating to Lang-Weber Field, Contract
No. 91757000. Funds to be credited to the C.P.A. 200-717-072.
PASSED.
AYES- 13 NOES- 0.
No. 57
Increase in Contract
91782100
Massachusetts Avenue
Playground Site Work
I hereby submit to Your Honorable Body the following Change in
Contract for Massachusetts Avenue Playground Site Work with Birch Grove
Landscape & Nursery, Inc., Contract 91782100.
1. Remove and reinstall 96-75 square feet of 61, thick concrete drive and
55.5 square feet of 411 thick concrete walk to alter grades at driveway areas
and to confirm thickness of concrete.
Add $465.00
2. Eliminate furnishing and planting one tree and pour additional
concrete where required for a new sidewalk ramp.
No Change
The foregoing results in a net increase of $465.00
Summary:
Original Contract Amount $71,197
Change Order No. 1 Add 1,882
Change Order No. 2 (This Change) Add 465
Revised Amount of Contract 173,544
The changes could not be foreseen at the time the contract was bid.
Funds for this extra work are available in C.P.A. 200-717-069.
I recommend that Your Honorable Body authorize the Commissioner of
Community Development to issue a Change Order to Birch Grove Landscape and
Nursery Inc., in the amount of $465 as set forth above.
Mr. Pitts moved:
That the communication from the Department of Community Development,
dated October 25, 1994, be received and filed; and
That the Commissioner of Community Development be, and he hereby is,
authorized to issue change order #2 to Birch Grove Landscape & Nursery, Inc.,
changes resulting in a net increase in the amount of $465.00, as more fully
described in the above communication, for contract relating to Massachusetts
Avenue Playground Site Work, Contract No. 91782100. Funds to be charged to the
C.P.A. 200-717-069.
PASSED.
AYES- 13 NOES- 0.
No. 58
Oak Street Redevelopment - NYR-197
Approval of LDA - Dormitory Authority of
The State of New York Parcel 17D, 18A and 2OF
The City of Buffalo Urban Renewal Agency duly designated Dormitory
Authority of The State of New York 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. 59
Snow Plan - 1994-95
Attached please find the Department of Street Sanitation's 1994-95
Snow Plan.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 60
Donation & Adoption Account Deposits
For your information, the Animal Shelter of the Street Sanitation
Department, has made the following deposits :
Deposits for August were as follows:
August 1, 1994 $ 152.50
August 8, 1994 667.50
August 15, 1994 617.50
August 22, 1994 647.50
August 29, 1994 357.50
Total $2,442.50
Adoptions for August 35 Dogs
Returned to Owners 20 Dogs
Deposits for September were as follows:
September 6, 1994 $ 515.00
September 12, 507.50
September 19, 405.00
September 26, 435.00
October 3, 402.50
Total $2,265.00
Adoptions for September 22 Dogs
Returned to Owners 35 Dogs
REFERRED TO THE COMMITTEE ON FINANCE.
No. 61
Withdrawal of Appointment
I wish to withdraw the appointment of Joseph Mancuso from the
position of Provisional Training Officer in the Department of Street
Sanitation, effective October 31, 1994.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
No. 62
Withdrawal of Appointment
I wish to withdraw the appointment of Anthony Gallo from the position
of Temporary Tractor Trailer Operator in the Department of Street Sanitation
effective October 31, 1994.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
FROM THE COMMISSIONER OF INSPECTIONS AND COMMUNITY REVITALIZATION
No. 63
Objection to Assessment Roll 135 Krupp
Item No. 26, C.C.P. 9/20/94
In response to your inquiry to the above stated subject we would
like to supply your Honorable Body with the following information. 135 Krupp
Street has been the subject of many conversations and Council communications.
The removal of the safety hazard and demolition of this building was unique.
When summoned to the scene, decisions were made by the Director of Housing and
Property Inspections, based solely on the removal of the dangerous situation at
hand. Any financial considerations were not as important at that time as was
the safety of the fire fighters battling this explosion and fire. A contractor
was summoned to the site at eleven o'clock in the evening and was still working
at five am the next morning. If confronted with a similar situation we will
hire a contractor to eliminate the immediate hazard, and attempt to take
separate bids the following morning for the remainder of the demolition and
debris removal.
It is our sincere hope that this response will satisfy your inquiry.
RECEIVED AND FILED.
No. 64
Application/Inspection Fees
Multiple Dwellings
Item No. 202, C.C.P. 9/20/94
In response to the above stated communication we wish to supply
your Honorable Body with the following information. The Department of
Inspections and Community Revitalization an the enforcement agency has no
authority to waive any fees. The Council communication states that the New
York State Department of Social Services inspect the subject facility for
compliance with building and safety codes. We would like to inform your
honorable body that the local authority empowered to enforce the State Uniform
Building Code, Multiple Dwelling Code, and the Housing and Property Code of the
City of Buffalo is the Department of Inspections and Community Revitalization.
If a hardship exists for this or any other organization, only your honorable
body is empowered to grant relief from any monitory obligation. However if
this petition is being considered for a waiver to comply with the codes being
enforced, this would not only be illegal but dangerous.
I trust that this response will satisfy your inquiry.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 65
CERTIFICATE OF APPOINTMENT
Appointment effective 10/20/94 in the Department of Inspections
& Community Revitalization, Gene M. Fronczak 91 Ledger Street, Buffalo, New
York 14216, to the position of Building Inspector Temporary at the maximum
Starting Salary of $ 36,305.
* Appointment not to exceed period ending 1/04/95
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
FROM THE COMMISSIONER OF ADMINISTRATION AND FINANCE
No. 66
Payments in-Lieu of Special Charges
for Pilot Field, Memorial Auditorium and Parking Lots
Pursuant to your request I hereby transmit this Memorandum prepared
by Richard J. Schechter, Assistant County Attorney regarding Payments In-Lieu
of Special Charges for Pilot Field, Memorial Auditorium, and Parking Lots.
REFERRED TO THE COMMITTEE ON FINANCE AND THE CORPORATION COUNSEL.
FROM THE COMMISSIONER OF HUMAN RESOURCES
No. 67
Acceptance of Administrative Funds for the Lighted Schoolhouse Programs
The Common Council approved a resolution, C.C.P. #138 September
20,1988, which authorized the Department of Human Resources, through the
Division For Youth and others to conduct Lighted Schoolhouse Programs; and
The Lighted Schoolhouse Program continues to be of great benefit to the
citizens of the City of Buffalo enabling citizens to utilize city school
buildings in the evening hours during the summer, holidays, weekends and on
other occasion; and
The Common Council must accept, on behalf of the City, the funds
allocated by the Buffalo Urban Renewal Agency as follows: October 27, 1994,
Item 3P, in the amount of $38,130.91 for the Lighted Schoolhouse Program, for
administrative costs.
The Common Council accepts funds allocated by the Buffalo Urban Renewal
Agency in the amount of $38,130.91 for administrative costs related to the
Lighted Schoolhouse Program.
Mr. Pitts moved:
That the communication from the Department of Human Resources, dated
October 27, 1994, be received and filed; and
That the Common Council accepts funds allocated by the Buffalo Urban
Renewal Agency in the amount of $38,130.91 for administrative costs related to
the Lighted Schoolhouse Program.
PASSED.
AYES- 13 NOES- 0.
FROM THE COMMISSIONER OF GENERAL SERVICES
No. 68
"Red. Use Chlorine Blchd. Paper"
Item No. 185, C.C.P. 10/4/94
The Department of General Services supports the reduction in use
of chlorine bleached paper and will gladly meet with Greenpeace or any other
organization regarding methods or products that can be used as alternatives to
chlorine bleached paper.
RECEIVED AND FILED.
FROM THE CIVIL SERVICE COMMISSION
No. 69
Residence Director of Planning
At a meeting held on October 12, 1994, the Commission considered
communication received from Kevin Greiner Director of Planning, Dept. of
Community Development, advising of his residence in the City of Buffalo.
Please be advised Mr. Greiner's new address is 622 Main Street, #402,
Buffalo, NY 14202, as of August 1, 1994.
I trust this satisfies your request.
RECEIVED AND FILED.
No. 70
Eligible Titles - Early Ret. Incent.
Com. #55, C.C.P. September 20, 1994
Regarding the above-referenced item, you have requested that this
Commission "make a determination as to who has more seniority for the early
retirement when several people in the same title are eligible." Please be
advised that this Commission calculates retention seniority dates for lay-off
purposes. The procedures followed are in accordance with New York State Civil
Service law.
Seniority for purposes such as overtime, shift preference, etc., is a
different matter and is defined by appropriate collective bargaining
agreements. Such dates are not calculated by this Commission.
It is apparent that seniority, for the purpose you indicate, must be
clearly defined in order to make determinations regarding retirement
eligibility.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
FROM THE BUFFALO SEWER AUTHORITY
No. 71
Seek NiMo Rate Reduction
Res. #176, CCP October 18, 1994
The Buffalo Sewer Authority shares the concerns of the Buffalo
Common Council regarding electric rates and will wholeheartedly join in this
action to seek a rate reduction from the Niagara Mohawk Electric Company.
One of the primary costs of operating the Buffalo Sewer Authority is
utilities. The total cost of utilities consumes over 22% of the budget and the
bulk of this is for electric power to operate the Bird Island Treatment Plant.
A reduction in rates would free up funds to take care of some of the much
needed sewer repairs and reconstruction throughout the City of Buffalo.
The Buffalo Sewer Authority will gladly provide any additional
information which you may need to assist you in this project with Niagara
Mohawk.
REFERRED TO THE COMMITTEE ON FINANCE.
FROM THE CITY CLERK
No. 72
Appoint Deputy City Clerk
Pursuant to Sec. 28 (1) of the Charter, I hereby appoint Gerald
A. Chwalinski, 15 Duluth Ave., Buffalo, NY 14216 to the position of Deputy City
Clerk at the annual salary of $41,500.00, effective October 18, 1994.
ADOPTED.
No. 73
Appointment Assistant Deputy City Clerk
I hereby appoint Kevin M. Kelley, residing at 171 Harding Road,
Buffalo, New York, 14220, to the position of Assistant Deputy City Clerk at a
salary of $32,948, effective Monday, October 31, 1994.
ADOPTED.
No. 74
Appointment of Marriage Officer
I hereby request that Deputy City Clerk Gerald A. Chwalinski be
appointed as Marriage Officer for the City of Buffalo effective November 1,
1994 and ending December 31, 1997.
This request is made pursuant to Chapter 49 of the Laws of New York State
1988, which allows a governing body the right to solemize marriages for a
period of time not to exceed four (4) years.
Mr. Pitts moved:
That the communication from the City Clerk, dated October 27, 1994, be
received and filed; and
That the Deputy City Clerk Gerald A. Chwalinski be, and he hereby is
appointed a Marriage Officer for the City of Buffalo effective November 1, 1994
and ending December 31, 1997.
ADOPTED.
No. 75
Liquor License Applications
Attached hereto are communications from persons applying for liquor
licenses from the Erie County Alcohol Beverage Control Board.
Address Business Name Owner's Name
2075 Delaware T.A.S. Gas, Inc.
486 Elmwood Nick Kotrides
1077 E Ferry Copperwood Sports Bar, Inc.
Margaret & Johnny Copperwood
44 Allen St. Micky's Grill 44 Allen St., Inc.
274 Delaware Underground, Inc.
1519 Hertel Ave. M T Pockets, Inc.
1172 Broadway Hind Market Mohamed S. Ahmed
45 Court Street Harvest Moon Cafe Nancy E. Braun
REFERRED TO THE COMMITTEE ON FINANCE, THE COMMISSIONER OF ASSESSMENT, THE
COMMISSIONER OF PUBLIC WORKS, AND THE COMMISSIONER OF INSPECTIONS AND COMMUNITY
REVITALIZATION.
No. 76
Leaves of Absence without pay
I transmit herewith notifications received by me, reporting the
granting of the leaves of absence without pay, in the various departments as
listed:
Comptroller- Robb Haenszel
Human Resources- Edwin Hernandez
City Clerk - Gerald A. Chwalinski
RECEIVED AND FILED.
No. 77
Reports of Attendance
I transmit herewith certifications 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
City Planning Board (2)
Emergency Medical Services Board
RECEIVED AND FILED.
No. 78
Notices of Appointments - Seasonal/Flat
I transmit herewith certificates received by me, reporting seasonal
and flat salary appointments made in various departments.
RECEIVED AND FILED.
DEPARTMENT OF PARKS
Appointment Effective October 14,1994 in the Department of Parks
Division of Recreation to the position of Fee Collector Seasonal
Non-Competitive at the Flat Starting Salary of $4.94 hour
Catherine Long, 14 Yale Place, Buffalo 14210
William Stevenson, 123 Laird Avenue, Buffalo 14207
Appointment Effective October 15, 1994 in the Department of Parks
Division of Recreation to the Position of Fee Collector Seasonal
Non-competitive at the flat Starting Salary of $4.94 hr.
John Fracos, 21 Peoria St., Buffalo 14207
William Orr, 288 McKinley Pkwy., Buffalo 14220
Noreen Sabadasz, 79 Fenton St., Buffalo 14206
Appointment Effective October 20,1994 in the Department of Parks Division
of Recreation, Joseph McMahon, 81 Briggs, Buffalo, 142074207 to the position of
Fee Collector Seasonal Non-Competitive at the Flat Starting Salary of $4.94 hr.
Appointment Effective October 27, 1994 in the Department of Parks
Division of Recreation to the Position of Fee Collector Seasonal
Non-competitive at the flat Starting Salary of $4.94 hr.
Lori Agostino, 44 Tacoma Avenue, Buffalo 14216
Rafael Ramos, 42 Philadelphia, Buffalo 14207
Appointment Effective October 14,1994, in the Department of Parks
Division of Recreation to the position of Refrigeration Plant Engineer Seasonal
Non-Competitive at the Flat Starting Salary of $6.91 hour
Edward Standish, 117 Imso, Buffalo 14210
Gregory Morcio, 296 Willett, Buffalo 14206
Appointment Effective October 20, 1994 in the Department of Parks
Division Of Recreation to the Position of Refrigeration Plant Engineer Seasonal
Non-Competitive at the Flat Starting Salary of $6.91 hour
Louis Lumina, 53 North Park, Buffalo 14216
Marc Mann, 35 Trowbridge, Buffalo 14220
No. 79
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 Maxmum (as per contract requirements) .
RECEIVED AND FILED.
DEPARTMENT OF PARKS
Appointment Effective October 26, 1994 in the Department of Parks
Division of Parks to the Position of Fee Collector Seasonal Non-competitive at
the flat Starting Salary of $4.94 hr.
Salvatore Cicatello, 90 Eckhart, Buffalo 14207
Robert O'Donnell, 82 Dundee St., Buffalo 14220
Jason Sammarco, 123 Frontenac, Buffalo 14216
Appontment Effective October 24, 1994 in the Department of Parks Division
of Parks Deborah R. Zdon, 50 Academy Road, 14211, to the position of Account
Clerk Typist Temporary at the Starting Salary of $21,126.
DEPARTMENT OF POLICE
Appointment Effective October 17, 1994 in the Department of Police
Tracy A Dean, 103 Sumner Place, Buffalo 14211 to the Position of Report
Technician Contingent Permanent at the Minimum Starting Salary of $21,126
Appointment Effective October 17, 1994 in the Department of Police to the
position of Report Technician Permanent at the Minimum Starting Salary of
$21,126
Laurie A Fitzgerald (Onufer), 185 Culver Road, Buffalo 14220
Deborah A Siracuse, 33 Alden Avenue, Buffalo 14216
Nancy J Zelak, 144 Durant Street, Buffalo 14220
Appointment Effective October 17, 1994 in the Department of Police to the
Position of Report Technician Contingent Permanent at the Minimum Starting
Salary of $21,126
Kathleen McCrea, 496 Porter Avenue, Buffalo 14201
Bridget A Szymanski, 55 Littlefield Avenue, Buffalo 14211
Appontmeny Effective October 17, 1994 in the Department of Police Linda
McDonald, 22 Payson Street, Buffalo 14220 to the Position of Report Technician
Permanent at the Minimum Starting Salary of $21,126
DEPARTMENT OF FIRE
Appointment Effective October 24, 1994 in the Department of Fire
Division of Fire to the Position of Fire Captain Permanent Promotion at the
flat Starting Salary of $48,224
John R. Mogavero, 134 Linden Avenue, Buffalo 14214
James I. Poley, 77 Ava Lane, Williamsville 14221
Appointment Effective October 24, 1994 in the Department of Fire Division
of Fire to the Position of Fire Captain Contingent Permanent Promotion at the
Flat Starting Salary of $48,224
Daniel J. O'Connor, 124 Liberty Lane, W. Seneca 14224
Timothy J. Hazelet, 86 Shoreham Blvd., Buffalo 14216
Scott N. Barry, 6 Henry Drive, Angola 14006
Walter R. Coakley, 91 Ramona, Buffalo 14220
Appointment Effective October 24, 1994 in the Department of FIRE Division
of Fire to the Position of Battalion Chief Contingent permanent Promotion at
the flat Starting Salary of $52,680
Thomas McNaughton, 8970 Notre Dame Dr, Eden, N.Y. 14057
Thomas P. Brummer, 37 Poinciana, Cheektowaga, N.Y. 14225
DEPARTMENT OF LAW
Appointment Effective October 24, 1994 in the Department of Law
Marianne Vara, 157 Norwalk Avenue, Buffalo, NY 14216 to the Position of
Confidential Secretary to the Corporation Counsel Provisional Appointment at
the Flat Starting Salary of $23,481
DEPARTMENT OF ADMINISTRATION AND FINANCE
Appointment Effective October 24, 1994 in the Department of
Administration
and Finance Division of Parking Enforcement Oliver D. Townes, Jr., 129 Davidson
Avenue, Buffalo 14215 to the Position of Parking Enforcement Officer
Provisional Appointment at the Minimum Starting Salary of $21,706
Appointment Effective October 24, 1994 in the Department of
Administration and Finance Division of Parking Enforcement Jeffrey P. Santa
Maria, 69 Blum Street, Buffalo 14216
to the Position of Parking Meter Mechanic Temporary at the Minimum Starting
Salary of $22,266
NON-OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES
NON-OFFICIAL COMMMICATIONS
No. 80
Allentown Association, Inc.
Favor - Firestation Elmwood/Virginia
Oppose - Halfway house 864 Main
Please be advised that the Board of Directors of the Allentown
Associationat its meeting Tuesday evening Oct. 18 passed two resolutions we
wish to bring to your attention, One offers qualified support for the city's
plans to construct a firehouse and eventual fire headquarters at Elmwood Avenue
and Virginia Street:
"The Board of directors of the Allentown Association wishes to go on
record as favoring the acquisition by the City of Buffalo of the Painters
District Council No. 4 building at 12 Elmwood Ave. and its conversion into a
firehouse and eventual fire headquarters, contingent upon a favorable
environmental impact statement. In taking this stance, the Allentown
Association is fully cognizant of the valid objections raised by some residents
of areas immediately adjacent to the site, and expects that all efforts will be
made by the city to minimize disruptive factors.
The other resolution concems an old mansion at 864 Main St. that is about
to auctioned by the city for back taxes with a minimum bid of $15,000.
"The Allentown Association wishes to state its opposition to the use of
864 Main St. by any for-profit or non-profit enterprise as a shelter, halfway
house, rehabilitation center, residential treatment center, group home or
rooming house.
RECEIVED AND FILED.
No. 81
ALLENTOWN VILLAGE SOCIETY
Financial Report-1994 Festival
Our Treasurer has recently completed a compilation of the income
and expenses for the 1994 Allentown Outdoor Art Festival. These figures are
subject to change upon our annual audit by our certified public accountants.
The income for the 1994 Allentown Outdoor Art Festival was as follows:
$7,530.00 Application fees
65,385.00 Entry fees
12,400.00 Concessions
9,071.50 Royalties
440.00 Show Guide
$94,826.50 Total income
The show expenses were as follows:
$51521.13 Entry and placement
675.00 Headquarters
1,698.00 Posters
1,750.00 Poster awards
841.80 Workshop
521.91 Hospitality
163.15 Artist reception
15,921.35 Judging and awards
11444.83 Jurying
21586.22 Appreciation dinner
401.14 Show lunch
2,521.76 Clean up
926.41 Security
2,250.00 Insurance
1,504.39 Advertising and publicity
5,765.45 outside services
11,865.00 City of Buffalo licensing fees
675.00 Printing and POBtage
$57,032.54 Total expenses
The surplus between expenses and income is used to defray the other
expenses of the Allentown Village Society, Inc. during the year and to support
our other projects and programs. Other expenses include items such as rent,
telephone, utilities, insurance and supplies. Our other projects and programs
include the mini grant program which we established with the Buffalo Public
Schools last year, our art scholarship program, grants to various art
organizations such as the Buffalo Society of Artists, the Fine Arts League and
MollyOlga. Our donations and scholarships for this past year totalled
$17,290.00. The major project which we presently have on the drawing board
with the City of Buffalo is our donation of a pair of street clocks to the
Allentown area. All of the necessary documents for the City in connection with
this project have been signed, the clocks have been ordered and we hope to have
them in place in the not too distant future. That expenditure is approximately
$16,000.00.
If the Council has any questions or if any further information is
required, please do not hesitate to contact me.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 82
ASSOCIATED HEALTHCARE
Request Handicapped Parking and
Curb Cut - 1031 Main St.
For over the past five years Associated Healthcare has been operating
a business at 1031 Main Street. We deal with individuals who need medical
equipment and supplies for themselves or a member of their family . Many of
these individuals are handicapped or are wheelchair dependent. Our retail store
is designed to be handicap accessible and the showroom has been laid out to
allow for easy access and wheelchair movement.
A problem we are faced with is that individuals who would like to avail
themselves of our services cannot park in front of our building. The reason
for this dilemma is there is no "Handicapped Parking" available in front of our
building, a bus stop shelter occupies valuable space immediately in front of
our handicapped accessible entrance way and there is no wheelchair access from
the street to the sidewalk.
To demonstrate how much of a problem these issues are, we have collected
over 700 signatures from concerned citizens who have visited our store and
support Handicapped Parking and a "curb cut" in front of our building. For
those using the NFTA bus, there are stops one block in either direction from
the one at issue.
We would appreciate your assistance in making access easier for those who
visit our facility or that of the Institute for Addition, which is located
adjacent to out location.
Thank you for considering this request. We would be very happy to
address any concerns regarding this project and its benefit to our city.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE COMMISSIONER OF PUBLIC WORKS AND
THE CORPORATION COUNSEL.
No. 83
BAILEY /AMHERST DISTRICT MANAGEMENT ASSOCIATION, INC.
Expand PACE Program
The Bailey Amherst District Management Association, Inc. wishes
to petition the Common Council to expand the PACE program to a year round
program that includes adults as well as juveniles.
This Association represents 72 property owners and merchants on Bailey
Avenue and Kensington Avenue. We appreciate the efforts of the PACE program in
removing graffiti from this community.
Please present this to the attention of the next meeting of the Common
Council.
RECEIVED AND FILED.
No. 84
TODD BRANSON
Handling of Use Permit
Application - 522 Linwood
As you may recall, I represent Todd W. Brason, the owner of 522
Linwood Avenue, Buffalo, New York. You may also recall that the contract
purchasers of that property filed a petition for a change of use permit to
accommodate their intended use of the property as a group home. That petition
was considered by the Planning Board and the Legislation Committee on September
13 and said petition was ultimately denied on September 27.
I think it is fair to say that the preparation and attitude of the
petitioners left a great deal to be desired. Although it may go without
saying, Mr. Brason and I nevertheless wanted to express to you that we had no
control over the petitioners' presentation and were not afforded much
opportunity to provide input to them. Our early suggestions to the petitioners
to hold meetings with neighborhood residents were obviously not followed.
We believe that the petitioners program has considerable merit and would
have filled a need for vital services in the community. While it may not have
been possible to overcome the neighbors' arguments of "over concentration", it
was embarrassing to us that the petitioners had not assembled any data in at
least a good faith effort to address those concerns. Even if a denied petition
would have been the eventual result, your Committee deserves a much greater
degree of professionalism and respect than was shown by the petitioners.
Both Mr. Brason and I regret the way the matter was handled by the
petitioners and would like to express our thanks to you and your Committee for
your courtesy and graciousness throughout the proceedings.
RECEIVED AND FILED.
No. 85
BUFFALO BACKFLOW SERVICES
Inspection of Back Flow Devices
It is my understanding that there will be a proposed change to
the city's plumbing code as it relates to the inspection of backflow preventive
devices coming to the council in the near future. The specific change to the
code will allow only licensed plumbers to inspect these devices. This will
give these few companies a monopoly on this service, thus driving the cost up
for both the commercial property owner in the city of Buffalo as well as the
city itself.
Let me first explain what a backflow device is and what service needs to
be provided.
The state of New York (and every other state) has charged local water
providers with insuring that the water they provide to customers is free of any
contaminants. One of the ways the water authority insures this is by requiring
that every one of its' commercial customers has a backflow preventive device
installed on their water main. Obviously, the water authority cannot control
or monitor what happens to water once it enters a customer's property. The
backflow device, when working properly, will prevent any contaminated water
from backing up into the water supply lines outside the customer's own
building. Now I said "properly" working devices would prevent contamination.
To insure these devices are properly working, they must be inspected by a state
certified inspector after installation and annually there after. A plumbing
design which includes such a device must be done by a licensed architect or
professional engineer. The actual installation, although not specified, should
be done by a licensed plumber.
Now we are talking about three (3) professional parties, all having
expertise in their own respective areas. One party, the architect, to design
the best functioning system for the customer and one that meets local plumbing
code. One party, the licensed plumber, who makes all the connections and
insures the architect's design was correct. One party, the certified
inspector, who insures the backflow device is functioning properly. The
proposed change to the plumbing code would basically eliminate one of these
professionals, the independent state certified inspector. The new code would
have the plumber, the person who did the installation, also be the person
certifying the work (the actual device) was working properly. This would seem
to be a conflict of interest. I realize plumbers are men of integrity and
would not do shoddy work, but never the less no one wants to give a customer
the impression his work is not top quality. That is the exact message which
would be sent to the customer if a plumber has to tell his customer all the
plumbing work is completed, but the water cannot be turned on because the
backflow device did not pass inspection.
We are talking about a device that protects the general populous from
accidental-contaminations which may and have taken place within commercial
properties.
Why shouldn't an independent, such as myself, be allowed to 'inspect'
these devices. We have the knowledge and expertise to do the job properly.
The state of New York has attested to that fact by giving us certification.
There is no intent to cross over into either of the other two areas. We do not
wish to install these devices. Any work, outside of the actual inspection of
the device, will be give to the licensed plumber or designing of to a licensed
architect.
Now to the cost to the commercial property owner and the city tax payer.
Independent inspectors charge between $60 and $75 per inspection. If we are
out of the picture, the rates will surely double or even triple. It is the law
of supply and demand. If you reduce the number of companies providing a
service, the cost for that service will go up. Now this may not seem like a
lot of money, but it will be just one more reason not to by business property
in the city of Buffalo or one more reason to relocate to the suburbs taking
their tax dollars with them.
The city of Buffalo will also, and has, experienced a cost increase. The
city's housing authority (I have been told) has just signed a contract with a
licensed plumber to inspect the 150 backflow devices on its' buildings. The
cost to the city of Buffalo will be over $100.00 per device. The going rate by
independents for this service is between $60.00 and $75.00. This means it has
already cost the city of Buffalo (the tax payer) more money than it needed to.
I own a home in the city of Buffalo. I also operate a business in the
city of Buffalo. Right now both are going to be effected by this code change
if it is passed. If this code excludes people like me from being able to
inspect backflow devices, I am out of business and my property taxes will
surely go up because of the city's increased costs. Any help you could give in
this matter would be greatly appreciated.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 86
Buffalo & Pittsburgh Railroad, Inc.
Bridge Maintenance
In reference to the Buffalo & Pittsburgh Railroad's request to
construct a 30' X 50' building at our Buffalo Creek Yard location. Per request
from the meeting of the Buffalo Common Council on October 25, 1994.
Please be advised that the Buffalo & Pittsburgh Railroad Company does not
own or maintain any railroad bridges in the city of Buffalo, NY. The bridge in
question that spans South Park is located in the city of Lackawanna for which
we have an agreement with the city of Lackawanna to keep the bridge free of
graffiti.
Because we own no railroad bridges in the city of Buffalo. I would ask
that the requirement handed down by the Common Council, requiring us to paint
the South Park bridge be removed from public record, and that the Common
Council approve the building permit requested.
RECEIVED AND FILED.
No. 87
DEVELOPMENT DOWNTOWN, INC.
1993 Annual Audit - DDI
Attached for your information please find a copy of the Development
Downtown, Inc. 1993 Annual Audit performed by Lumsden & McCormick.
If you have any questions, please feel free to contact me at 847-8471.
REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT.
No. 88
Langston Hughes Institute
Reply to Complaints on Hall Rental
In regards to your letter dated 9/2/94 regarding issues of concern
relative to your wedding reception on August 20, 1994, I am apologizing for the
delay in responding, thusly:
I had to spend tremendous time in searching through our storage room
(vault) for our 1992 documentation and numerous files to find copies of the
receipts. Predicated on my secretary (of four months) telling me she could not
find any other proof of payment, I reiterated that to you. That was my error
and in order to clear up this matter, I have taken the time to search for any
and all documentation, which is as follows: (see copies)
Receipt #165 dated 8/27/92 - $ 50.00 deposit
Receipt #12209 dated 3/19/94 - $100.00 deposit
Receipt #298728 dated 6/07/94 - $100.00 final payment
Total $250.00 which is $40 short of the standard
rental fee for wedding/receptions, family reunions, etc. ($250.00)
You mentioned in your letter that you not only paid $290.00 but an
additional $50.00 which would have been an overpayment of $50.00 if the full
payment had been made. I cannot find it, my bookkeeper has no record of it and
if you do have some proof of that, I will immediately refund your money, with
no hesitation.
Your question regarding the institution (or rather, me) taking and/or
stealing monies is in no way disturbing to me. Our city, county and state
audits verify that no such illegal activities occur since I have been here
(1971). In fact our audits show proof of how I have loaned this institute my
personal money (one check for $4,000) to pay the gas bill when our city grant
was delayed and this occurred in several other occasions. Fortunately, I was
immediately reimbursed upon receipt of city dollars. (our audits are also
available for public scrutiny)
Moreover, If my concern was for little money only, I would not have
voluntarily removed myself from a sum of a total annual sum $23,000 down to
less pay accommodating the overall needs of the center. No other director in
the city of Buffalo would do so, after 24 years of service. I do not complain
because it was my choice and I could afford to do SO.
I am only clarifying that this institute's board and staff keep these
doors open on sheer will, dedication and consistent perseverance in order to
program for youth/young adults and for the entire community's use every
weekend. Despite the fact the atrium lacks the beautiful decor of Hyatts and
other places, our people have found this their refuge, affordable and we always
do our best to accommodate their needs. It is beautiful, however, when
decorated properly.
I do concur with your comments in terms of Keith Harris and his behavior
in fraternizing with guests (although in many occasions some knew him
personally) and asking for food or tips. That should not have happened. I
have had many compliments on how helpful and dutiful he was on many nights,
during the past 10 years, working out of his realm of security with maintenance
duties, only after the wedding was over. In my zeal to continue to help a
young and underprivileged male, I felt counseling him and giving constructive
criticisms would make him more aware and cautious in his interaction while on
duty. I have, hence, re-evaluated him to avoid the repeat of this frustrating
situation, regarding these types of events.
Unless I have had a relapse in my memory, I have never told anyone they
could not use the hall for weddings. There are at least a dozen of weddings,
every year. I always provide for decorating the hall the day before a Saturday
wedding, until closing time. (see copies)
Over 20 years of renting this space, I have had minor complaints (7 to be
exact) but never to the extent of yours and I am truly sorry that you were so
aggravated.
Your criticisms are well taken, and I will improve upon the protocol
herein mentioned. Hoping this will temper your anger with us, I remain,
REFERRED TO THE COMMITTEE ON FINANCE.
No. 89
LEAHY'S WOMEN'S SOCIAL CLUB
Request Replacement for Sidway Playground
We the people of the Old 1ST Ward Community we're promise 3 years
ago a new playground in our neighborhood to replace Sidway Street. Since
Sidway Street playground was torn down and 7 new homes were built on the land.
The City of Buffalo stated they would replace that playground in our
neighborhood, as of today no playground has been built or considered. We the
people of our Community and Leahy's Women's Club would like immediate action
from the City of Buffalo. It has been 3 years and our children don't have a
playground to enjoy like Sidway Street. We have waited long enough for some
action to get our playground back. We are concerned residents and taxpayers
who would like the City to keep their promise they made our Neighborhood.
Leahy's Women's Club suggest that the Dedicated land on O'Connell Ave. and
Hamburg St. known as Dewey Park is the best location for our replaced
playground. This location is in the middle of our neighborhood for all our
residents to use. We have area residents who would keep a Safe Watch out for
our local children in a case of an emergency. The City of Buffalo keeps
revitalizing our neighborhood with new built homes, but has not replaced the
playground they took away from us. Please respond to this letter our Community
has waited long enough.
REFERRED TO THE COMMITTEE ON FINANCE, THE COMMISSIONER OF PARKS AND THE
COMMISSIONER OF COMMUNITY DEVELOPMENT.
No. 90
THE NEW YORK STATE
DIVISION OF ALCOHOLIC BEVERAGE CONTROL
Liaison Committee Formation
Your letter of September 29, 1994, addressed to Member of the
Authority, Frank Cuomo, has been referred to me for a reply.
The Common Council will have to arrange to meet with the Office of the
Mayor of Buffalo in order to discuss the fiscal feasibility and willingness to
set up a procedure to designate individuals from City Agencies to act as
liaisons with the State Liquor Authority regarding license applications.
This apparently has been done successfully in the City where
representatives from Environmental Protection, Department of Buildings, Police
and Fire have been designated as liaisons.
If I can be of further assistance, please do not hesitate to call me at
(212) 417-4147.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 91
New York Power Authority
Low Cost Hydro Power Incentives
This is to follow up on our telephone conversation regarding Buffalo
Common Council resolution No. 156 which was adopted at your September 6
meeting.
As we discussed, the New York Power Authority does require industries who
receive allocations of low-cost power to make job commitments. We then audit
our customers each year to insure that they are complying with their contracts.
At that time, if the company's employment has fallen below an agreed upon
level, then the trustees may consider a proportional withdrawal of its low-cost
power allocation.
Your interest in existing companies that may be looking to expand is also
well taken. The Power Authority does consider applications from existing firms
that will be increasing their electrical load and adding new jobs. Again, job
commitments are an essential element of the contract.
We would be happy to meet with you and your committee to discuss the
Power Authority's industrial power allocation program in the region. Please
contact me at 285-3211, ext. 6651 with any questions you might have.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 92
Maggie Shaw
Request to Homestead Vacant Lots
83 and 85 Dupont
My name is Maggie Shaw, resident of 2 Winslow Avenue, Buffalo,
NY 14208.
I have been a resident of 2 Winslow Avenue for over the last 35 years and
for the last 12 years, I have been taken care of 2 vacant lots at 83 and 85
Dupont. Through my own personal expense, I have planted grass and flowers;
installed concrete blocks to stop the abandon cars from parking on the lot. In
short, I have treated these lots as if they were my own.
I extend an invitation to all of the Council Members to drive by and take
a look at the beautification I've done to these city-owned lots.
Unfortunately, I am unable to purchase the lots on my School Crossing
Guard salary. I am requesting that I be permitted to homestead them. I will
gladly appear at a Council Committee hearing to discuss this in greater detail.
I can be reached at 885-5279.
REFERRED TO THE COMMITTEE ON FINANCE, THE COMPTROLLER AND THE CORPORATION
COUNSEL.
No. 93
GARVEY & GARVEY
Support Shea's On Parking Problems
I am sorry I cannot appear personally on October 25, 1994 before
the Common Council to address the above-captioned complaint. However, as Chair
of the Community Relations Committee of Shea's Performing Arts Center, and as a
neighbor of the theater on Pearl Street, I am familiar with the situation and
hope you will accept my letter for the record.
Pearl Street is now a major thoroughfare into downtown Buffalo,
particularly as Main Street is unavailable to vehicles.
It is inevitable that a certain amount of vehicular congestion will occur
here. The trucks which supply our restaurant and others, or which supply local
offices, theaters and delicatessens, necessarily stand on Pearl Street to
unload their wares. Commerce here would cease if the delivery trucks could not
perform accordingly.
The same holds true for Shea's, only more so. Shea's has no loading dock
per se, we have merely stage doors which face Pearl Street. The task of
unloading a modem touring musical is a monumental one. Complex and often
delicate sets and equipment must be transferred into the theater with manual
skill and precision. Unlike a simple paper or food delivery, it is a job that
can require many hours and which must also conform to a tour's tight schedule
for arrival and departure.
Invariably, the rigs for these shows are diesel motors, which undoubtedly
produce a certain amount of noise and/or fumes. I have never personally
experienced any distress from these trucks either from noise or fumes. Indeed,
there has been no reason to take particular note of them at all, though my
offices are as close in proximity as the complainant's residence. In fact, it
is a rare day that the wind does not blow west to east across Lake Erie and
into downtown, which would carry the air from the complainant's site toward
Shea's, and not the other way around.
Nevertheless, taking the complaint at face value, I know that Shea's is
interested in peaceful coexistence within the neighborhood, and we wish to
encourage greater residential density here. We wish to work with the City and
our neighbors to improve the neighborhood, including the quality of life
downtown. We will work for a reasonable solution here, as we have in the past
on other problems.
But in enforcing applicable rules, or in fashioning new rules, I ask the
Council to please be sensitive to the fact that this is foremost a commercial
district, and that Shea's Buffalo is the engine which drives the Theater
District. As Shea's goes, so goes the neighborhood.
There are many, many environmental factors to be found here which would
be intolerable in a wholly residential neighborhood. For example, Metro buses
must stand and idle for great durations on Franklin Street, at a major bus stop
practically in front of the complainant's apartment house. Cabs idle in front
of the Hyatt Hotel, ambulances wail enroute to nearby Buffalo General Hospital,
Precinct Three, with its share of sirens, is right next door to Shea's. These
are the sights and sounds of the City and without being insensitive to anyone,
to a certain degree, they come with the territory.
Above all, please consider that venues outside Buffalo now exist which
would love to host these touring Broadway Shows. These shows cannot play in
Buffalo without access to Shea's, Shea's cannot be viable without access to
these Broadway shows and the Theater District is not viable without Shea's
Buffalo.
Thank you for your kind attention.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 94
SHEA'S PERFORMING ARTS CENTER
Shea's Parking Problems
"M. Amo.- Complaints - Bus/Truck Pkg. Shea's"
Item #99, C.C.P. October 4, 1994
Shea's appreciates the opportunity to speak to your committee
on Tuesday, October 25, at 2:00 p.m. At that time, we will deliver a prepared
statement of our position on the subject matter.
In the meantime, a statement in Mr. Amo's letter that the section of
Pearl Street immediately near Shea's is our loading dock is an accurate and
true statement. As you are aware, Shea's does not have loading docks from
which we can off load and reload the various productions that come to Shea's
and draw almost a quarter of a million people annually.
If you or any of your staff members wish to discuss the matter with me
prior to our presentation on October 25, please contact me at 847-2507.
We thank you for agreeing to waive the response deadline Thursday,
October 13 in exchange making a formal presentation on October 25.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 95
P. TALBOT
Further Comments on Langston/Hughes Hall Rental
I am in receipt of your latest letter dated September 30, 1994
and postmarked October 11, 1994.
Your statement regarding payment is inaccurate. You failed to mention in
your letter that a check of ninety (90) dollars was cashed by your organization
in July.
Please find response to Mrs. Delgado's recent letter. Please note that
it also includes proof of overpayment.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 96
TCI of New York, Inc.
Rate Increase for Expanded Basic Cable
Enclosed please find, for your records, a copy of our recent
correspondence
sent to the Mayor of the City of Buffalo as well as to each individual
Councilmember. Effective November 1, 1994, TCI of New York will increase its
Expanded Basic cable rate by $0.79.
All subscribers will be informed thirty (30) days prior to the rate
increase date.
As always, if you have any questions or would like further information,
please do not hesitate to contact me at (716) 862-4640.
REFERRED TO THE SPECIAL COMMITTEE ON CATV.
No. 97
TCI of New York, Inc.
Addition of Federal Regulatory User Fee
Enclosed please find, for your records, a copy of our recent
correspondence
sent to the Mayor of the City of Buffalo as well as to each individual
Councilmember. Beginning in December, 1994, the FCC is allowing cable
operators to start adding the federal regulatory "user" fee to cable customers,
bills.
The letter outlines TCI of New York's plans to charge this fee.
All subscribers will be informed thirty (30) days prior to the actual
billing date.
As always, if you have any questions or would like further information,
please do not hesitate to contact me at (716) 862-4640.
REFERRED TO THE SPECIAL COMMITTEE ON CATV.
No. 98
JOAN VAN de WATER
Favors Landlord Licensing Law
I am writing to you as a person who has lived in Buffalo all her
life. My parents had a single family home for years in North Buffalo, but as a
single woman who has not been able to establish a career (I am college-educated
however), I have had to rent, and even to share, housing.
I am writing therefore as a tenant of equally long standing in the North
Buffalo area. I decided, as some sort of perpetual part-time student, I
suppose, to take courses on the college level again, and have been doing so at
SUNYAB. (I also work a job more than full time and do volunteer work
regularly.)
And during this time -- actually a period of more than a handful of
years, I have shared with students -- both undergraduate and graduate. My
current housemates are both PHD students, one from Singapore, another from
Pakistan and we are no longer in the University Heights area per se. It allows
me to have the company of those who are educated and of middle class background
but who are "temporarily poor" i.e. as full-time students, as I would like to
feel I am.
So I have first-hand experience of what I speak. I have had to deal with
landlords renting to students, in the University Heights area to be exact. I
have looked over a lot of places for rent and I've observed the conditions of
them. I am not young like my fellow tenants who don't know sometimes what to
make of landlord practices. I've become increasingly informed, aware, alarmed
even, involved, and concerned.
I have good references in addition and have worked closely with any
landlord whom I have ever had. I am very good about keeping a premises clean
and maintained, even painted (what I can) and repaired. I do yardwork, shovel
snow, dispose of trash conscientiously, take fire and security precautions,
whatever it takes. It is not true one has to own a piece of property to regard
it and treat it as "home." I live as an equal with my housemates but have often
had to take final responsibility for bills etc. when they did not live up to
their full obligations. I have been called an excellent tenant by owner
neighbors. I am not even a complainer, nor have I been an activist.
But I have seen conditions and practices that cannot be condoned. I have
come to the conclusion that the majority of landlords in the University Heights
area are willing to shortchange student tenants if they can, while charging
rather high rents. I don't know how bad it has to get for student tenants or
the neighborhood, before the city "fathers" wake up and take appropriate action
-- like passing a Landlord Licensing and Rental Property Inspection Law. These
people are in an unregulated business essentially and some laws are necessary
to curb unethical practices which are too common and causing real harm.
I know students are not angels. I've lived with them. I've had to get
after housemates or student-neighbors about noise, litter, garbage disposal,
parking, doing their share, etc. I also know these young people are often
half-adolescent and half-adult sometimes and at a stage in their lives when
they have other issues that seem more pressing than property maintenance or
values. I've gotten them to clean, to paint, to do yardwork. They can be good
tenants. We have to work together on these things, young or older, well to do
or not.
Far too often landlords seem to be interested in maximum collection of
rent dollars (getting $800 to $900 for an apartment that is not worth that by
renting every available room), and minimum overseeing of their properties or
their tenants (as if they should take care of themselves.) I was told by one
landlady I would make a good property manager and I acted as such for more than
one landlord, gratis. Maybe that's what these student rentals need -- one
person designated as being in charge and recompensed in some way for it.
Human problems have human solutions. Law is one way of maintaining
safety, standards, and order. The Common Council and the mayor this year must
not be swayed by huge and wealthy landlord lobbies into laissez-faire. I've
been to a common council meeting that was absolutely brimming with landlords
decrying tenants, begging the question. I stood up as a tenant with nothing to
fear or to be ashamed of and asked for a fair law and balanced perspectives.
Must more students lose their lives before something is done? Thousands
of students from around the world have attended UB and lived off-campus and
what image do they retain of Buffalo's housing?
President Greiner of SUNYAB can build apartments on campus to house 5,000
graduate students, although I am not sure the University should be in the
housing business or state funds should be spent this way. I know many of the
undergraduates consider living in the dorms to be like living in an overcrowded
zoo. There will always be thousands of these moving to live off-campus. Will
they choose to live in Buffalo where the conditions become increasingly unsafe,
in part, I believe, because of the negligence of absentee landlords too intent
on maximizing their profits?
How unsafe has it gotten? How much will the University Heights area go
into decline? How many students must live in fear of rape, assault, or robbery
before the common council acts? What have absentee landlords to do with this?
Far too much, I believe.
Let's take deaths -- one student died in a fire. He was trying to live
in an attic space without a real fire exit. I have seen with my own eyes the
spaces landlords are willing to rent -- pantries, glass-enclosed sunporches
(for year-round use), basements, hallways. They take a space meant for 3 or 4,
maybe two adults and a child or two, and turn it into a space for 5, 6, 7, or
more. These spaces are more than hazardous and less than habitable. Cold and
dampness are common, and so are overloaded circuity, not enough working smoke
alarms, broken windows, etc. But landlords get away with it. Students are here
today and gone tomorrow, grateful for a place to stay, not used to pro-active
citizenship, and maybe just here on visas and afraid to protest,
Security again is a landlord responsibility. I have myself begged
landlords to provide outdoor lighting, doors without glass windows and with
deadbolts. I have gotten landlords to secure basement windows and trimmed
hedges myself. I have even gotten after younger student housemates to observe
safer secure housing practices. They are preoccupied, often not aware or alert
enough.
Is it a life or death matter? One young woman's life was permanently
derailed as she was assaulted during an apparent robbery and left with
permanent brain damage. I also lived in the area when the University Heights
serial rapist was striking. Both of these shocked, a whole University campus.
Each incident of rape or murder, robbery or mugging reverberates through the
student community. Only landlords who do not live in the area seem nonchalant
about it. Fear is not an easy thing to live with, however.
Garbage disposal and trash disposal and litter is another problem
landlords could address much better than they do. What does it cost a landlord
to provide enough decent heavy duty trash cans with lids, or to make a point
about litter pick-up or trash days, or how to put out a recycling box? Rabies
threatens the city. Plastic bags invite squirrels and rats, raccoons and stray
cats and dogs. How serious is the city council about its citizens health and
safety in general? Do we wait until a child dies of rabies? or a student? Is
that what it takes? Is that even enough?
I am asking the Common Council to stand firm on a principle, recognize
that these issues must be dealt with sensibly, and stop caving in to a landlord
lobby that doesn't want to spend the money it takes to have decent gutters,
non-leaking roofs, efficient furnaces, proper insulation, safe porches, painted
exteriors, windows operating effectively, or lawns and shrubs properly trimmed
often enough.
I am not saying landlords are all bad. I am saying it may be human
nature to take the path that is easiest. But to have quality of life restored
in the city none of us can do that. We all must make the effort.
REFERRED TO THE COMMITTEE ON LEGISLATION.
PETITIONS
No. 99
Rich Products, owner, petition to use 22-50 Gelston for parking.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD,
AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT.
No. 100
Daisy Newkirk, owner, petition to repair by residing 406 E. Ferry Street.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD,
AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT.
No. 101
South Park United Church, owner, petition to use 519 McKinley Pkwy. for Pole
sign.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD,
AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT.
No. 102
Marie Pellegrino and Others Request Public Hearing to Change Fargo Avenue From
Connecticut to Hudson to a One-Way Operation.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE COMMISSIONER OF
PUBLIC WORKS, THE COMMISSIONER OF POLICE AND THE COMMISSIONER OF FIRE.
REGULAR COMMITTEES
CIVIL SERVICE
HON. ROSEMARIE LOTEMPIO
CHAIRMAN
No. 103
Appoint Director of Planning (CD)
(Item # 56 CCP April 19, 1994)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 104
Residency - Director of Planning (CSC)
(Item # 70 CCP October 18, 1994)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 105
Appointment
Senior Account
That Communication No. 17 October 18, 1994 be received and filed
and the Contingent-Permanent appointment of David W. Pratt stated above at the
intermediate salary $31,649.00 effective on September 30, 1994 is hereby
approved.
PASSED.
AYES- 13 NOES- 0.
No. 106
Appointment
Senior Accountant
That Communication No. 18 October 18, 1994 be received and filed
and the Permanent appointment of Michael R. Szukala stated above at the
intermediate salary $32,668.00 effective on September 29, 1994 is hereby
approved.
PASSED.
AYES- 13 NOES- 0.
No. 107
Appointment
Engineering Aide
That Communication No. 40 October 18, 1994 be received and filed
and the Permanent appointment of Donald J. Poleto stated above at the
intermediate salary $24,407.00 effective on September 6, 1994 is hereby
approved.
PASSED.
AYES- 13 NOES- 0.
No. 108
Appointment
Street Repair Worker
That Communication No. 41 October 18, 1994 be received and filed
and the permanent appointment of Thomas Crowe stated above at the maximum
salary $24,914.00 effective on September 19, 1994 is hereby approved.
PASSED.
AYES- 13 NOES- 0.
No. 109
Appointment
Park Supervisor I
That Communication No. 42 October 18, 1994 be received and filed
and the permanent appointment of Gregory Morcio stated above at the
intermediate salary $26,392.00 effective on October 10, 1994 is hereby
approved.
PASSED.
AYES- 13 NOES- 0.
No. 110
Appointment
Report Technician
That Communication No. 46 October 18, 1994 be received and filed
and the permanent appointment of Cynthia D. Guido stated above at the
intermediate salary $21,732.00 effective on September 19, 1994 is hereby
approved.
PASSED.
AYES- 13 NOES- 0.
No. 111
Notices of Appointments - Temp/Prov. (C. Clerk)
(Item # 68 CCP September 20, 1994)
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
No. 112
Notices of Appointments - Temp/Prov. (C.Clerk)
(Item # 77 CCP October 18, 1994)
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
FINANCE
HON. DAVID A. COLLINS
CHAIRMAN
No. 113
Lease Renewal Buffalo Civic Auto Ramps, Inc.
(Item No. 18, C.C.P., July 26, 1994)
That the above item be, and the same hereby is, returned to the
Common Council without recommendation.
Mr. Collins moved:
That the Director of the Board of Parking be, and hereby is authorized to
renew the agreement between the City of Buffalo and Buffalo Civic Auto Ramps,
Inc., for a one year term.
PASSED.
AYES - BELL, COLLINS, COPPOLA, CZAJKA, FAHEY, FRANCZYK, HELFER, LOCKWOOD,
LOTEMPIO, PERLA, PITTS, ZUCHLEWSKI- 12.
NOES- ARTHUR- 1.
No. 114
Opposition to Proposition 1
(Item No. 7, C.C.P., Oct. 18, 1994)
That the above item be, and the same hereby is, returned to the
Common Council without recommendation.
Mr. Collins moved:
That this Common Council adopt a resolution in opposition to ballot
Proposition One and that they urge their constituents throughout Buffalo to
vote "no" on the Proposition.
Mr. Collins now moved that the above item be received and filed.
ADOPTED.
No. 115
C.O.G.I.C. Purchase 1256 Jefferson
(Item No. 37, C.C.P., July 26, 1994)
That the above item be, and the same hereby is, returned to the
Common Council without recommendation.
Mr. Collins now moved to recommit to the Committee on Finance.
ADOPTED.
No. 116
Ordinance Amendment
Chapter 175 - Fees (Plumbing License Exam fee)
(Item No. 200, C.C.P., Oct. 4, 1994)
That the Ordinance Amendment as contained in Item No. 200, C.C.P.,
October 4, 1994, be, and the same hereby is approved.
PASSED.
AYES- 13 NOES- 0.
No. 117
Ordinance Amendment - Chapter 491 - Section 491-7
Water and Water Pollution
(Item No. 201, C.C.P., Oct. 4, 1994)
That the Ordinance Amendment as contained in Item No. 201, C.C.P.,
October 4, 1994, be, and the same hereby is approved.
PASSED.
AYES- 13 NOES- 0.
No. 118
Report Bids - Resurfacing of City Owned
Street Facilities 1994-95
(Item No. 28, C.C.P., Oct. 18, 1994)
That the Commissioner of Public Works be, and he hereby is, authorized
to award a contract for Resurfacing of City Owned Street Facilities 1994-95, to
A.B.P. Concrete Construction, Inc., in the amount of $68,652.50, plus approved
unit prices not to exceed an additional amount of $26,652.50, for a total
encumbrance of $95,000.00. Funds for this work are available in the Capital
Projects Fund #200-401-507-00-000.
PASSED.
AYES- 13 NOES- 0.
No. 119
Report Bids - Repair to City Curbs 1994-95
(Item No. 29, C.C.P., Oct. 18, 1994)
That the Commissioner of Public Works be, and he hereby is, authorized
to award a contract for Repair to City Curbs 1994-95, to A.B.P. Concrete
Construction, Inc., in the 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. Funds for this work are available in Capital Projects Fund
#200-401-021-00-000.
PASSED.
AYES- 13 NOES- 0.
No. 120
Report Bids - Repair to City Pavements 1994-95
(Item No. 30, C.C.P., Oct. 18, 1994)
That the Commissioner of Public Works be, and he hereby is, authorized
to award a contract for Repair to City Pavements 1994-95, to Amherst Paving,
Inc., in the amount of $170,814.00, plus approved unit prices not to exceed an
additional amount of $29,185.00, for a total encumbrance of $200,000.00. Funds
for this work are available in the Capital Projects Fund #200-401-507-00-000.
PASSED.
AYES- 13 NOES- 0.
No. 121
Report of Pre-Demolition Asbestos
Removal for 499 Winslow Avenue
(Item No. 55, C.C.P., Oct. 18, 1994)
That the award by the Commissioner of Inspections and Community
Revitalization of a Pre-Demolition Asbestos Removal contract to Zeon
Corporation at a cost of $3,200.00 relating to 499 Winslow Avenue, is 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. 122
Change Contract
Cleaning and Lining Watermains Contract No. 21A & 21B
(Item No. 37, 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 Public Works be, and he hereby is, authorized to
issue change order #2 to Cramer Brothers, Inc. in the amount of $103,283. 10
under contract #91744100 for work relating to Cleaning and Lining Watermains,
Contract No. 21A & 21B, with said cost to be charged against the Division of
Water's 416-Capital Project Fund, 982013-00-000 account.
PASSED.
AYES 13 NOES- 0.
No. 123
Change Contract Cleaning and Lining Watermains
Porter Avenue and Jersey Street
(Item No. 38, 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 Public Works be, and he hereby is, authorized to
issue change order #1 to Firstrhyme Construction Corp., in the amount of
$127,551.00 under contract #91749200 for work relating to Cleaning and Lining
Watermains on Porter Avenue and Jersey Street, with said cost to be charged
against the Division of Water's 416 Capital Project Fund, 982-008-00-000
account.
PASSED.
AYES- 13 NOES- 0.
No. 124
Change Contract Cleaning New Watermain
Hillary Street and Service Transfers in Potters Road
(Item No. 31, C.C.P., Oct. 18, 1994)
That the Commissioner of Public Works be, and he hereby is, authorized
to issue change order #3 to Mar-Wal Construction Company, a decrease in the
amount of $14,718.00 under contract #91744100 for work relating to New
Watermain on Hillary Street and Service Transfers in Potters Road, with said
cost to be credited against the Division of Water's 416- Capital Project Fund,
980-060 account.
PASSED.
AYES- 13 NOES- 0.
No. 125
Change Contract Filtration Plant Improvements
(Item No. 32, C.C.P., Oct. 18, 1994)
That the Commissioner of Public Works be, and he hereby is, authorized
to issue change order #1 to John W. Danforth Company, in the amount of
$12,599.00 under contract #91770200 for work relating to Filtration Plant
Improvements - Filter Instrumentation Replacement, with said cost to be
credited against the Division of Water's 416-Capital Project Fund,
982-016-00-000 account.
PASSED.
AYES- 13 NOES- 0.
No. 126
Change Contract Reconstruction of
Pools Various Locations 1994
(Item No. 34, C.C.P., Oct. 18, 1994)
That the Commissioner of Public Works be, and he hereby is, authorized
to issue change order #1 to Gerald T. Stay Co., in the amount of $2,140.00
under contract C-91751300 for work relating to Reconstruction of Pools, Various
Locations - 1994, with said cost to be credited against the B/F 200-402-063
Division of Buildings.
PASSED.
AYES- 13 NOES- 0.
No. 127
Objection to Local Assessment Charge
135 Krupp Street
(Item No. 26, C.C.P., Sept. 20, 1994)
That the above item be, and the same hereby is, returned to the
Common Council without recommendation.
Mr. Collins moved:
That the Local Assessment Charge in the amount of $25,948 for the
demolition of 135 Krupp Street, by Lebis Enterprises is duly noted and approved
by this Common Council.
ADOPTED.
AYES - ARTHUR, BELL, COLLINS, COPPOLA, CZAJKA, FRANCZYK, HELFER, LOCKWOOD,
LOTEMPIO, PERLA, ZUCHLEWSKI- 11.
NOES - FAHEY, PITTS- 2.
No. 128
Tool/Clothing Inventory- Purchase w/Allowance
(Item # 216 CCP October 4, 1994)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 129
Items Purchased With Tool/Clothing Allowance (A&F)
(Item # 61 CCP October 18, 1994)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 130
Use City Streets for Construction Routes
Fuhrmann Boulevard, etc.
(Item No. 38, C.C.P., Oct. 18, 1994)
That this Common Council does hereby authorize the New York State
Department of Transportation to utilize the roads and streets as contained in
the above mentioned communication as detours and maintain traffic on them in
accordance with Subsection 619 of its Standard Specifications during the period
of one month between April 1, 1995 and October 15, 1995; and
That the City Clerk be and he hereby is directed to transmit five (5)
certified copies of this resolution to the State Department of Transportation.
PASSED.
AYES- 13 NOES- 0.
No. 131
L. McGee - Request Repairs/Paving - Berkshire
(Item # 85 CCP September 20, 1994)
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
No. 132
Repairs to Berkshire Avenue (PW)
(Item # 35 CCP October 18, 1994)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 133
State Pick-up Medicaid
(Item No. 178, C.C.P., Oct. 18, 1994)
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 to enact permanent Medicaid takeover legislation during the
1995 state legislative session; and
That the County of Erie and City of Buffalo are urged to lobby, jointly,
for this change; and
That certified copies of this resolution 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.
ADOPTED.
No. 134
NYSABC Board - Liquor license review process
(Item # 75 CCP September 20, 1994)
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
LEGISLATION
HON. ALFRED T. COPPOLA
CHAIRMAN
No. 135
Diocese of Buffalo, Petition to use
137 Mulberry - Halfway House
(Item No. 87, C.C.P., Oct. 18, 1994)
That the above item be, and the same hereby is, returned to the
Common Council without recommendation.
Mr. Coppola now moved to recommit to the Committee on Legislation.
ADOPTED.
No. 136
Anthony Lunetta, Petition to use
1278 Hertel Avenue - Sit-in Restaurant, etc.
(Item No. 88, C.C.P., Oct. 18, 1994)
That after a public hearing before the Committee on Legislation
on October 25, 1994, the petition of Anthony Lunetta, for permission to use
1278 Hertel Avenue to enlarge a sit-in restaurant for rest rooms/storage
preparation area and an outdoor patio be, and hereby is approved.
PASSED.
AYES- 13 NOES- 0.
No. 137
Debra Sidel, Petition to use
1081 Elmwood Avenue - Sit-in Restaurant
(Item No. 89, C.C.P., Oct. 18, 1994)
That after a public hearing before the Committee on Legislation
on October 25, 1994, the petition of Debra Sidel, owner, for permission to use
1081 Elmwood Avenue for a sit-in restaurant with parking be, and hereby is
approved, subject to the following conditions:
1. No liquor will be served without Common Council approval.
2. The signage for the restaurant will be in blue neon.
3. A single strip of blue neon will be placed on the front of the building.
4. A stockade fence will be erected along the rear property line.
5. A dumpster will be placed close to the building and away from the rear
property line.
6. Any conditions set by the planning board.
PASSED.
AYES- 13 NOES- 0.
No. 138
P. Georgiadis - Restr. on Pkq. 1081 Elmwood
(Item # 79 CCP October 18, 1994)
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
No. 139
Robert Mergenhagen, Petition to use
25 Mergenhagen - Pole Sign
(Item No. 82, C.C.P., Sept. 20, 1994)
That after a public hearing before the Committee on Legislation
on October 25, 1994, the petition of Robert Megenhagen, owner, for permission
to use 25 Mergenhagen for a pole sign be, and hereby is approved.
PASSED.
AYES- 13 NOES- 0.
No. 140
Robert Mergenhagen, Erect a Billboard at 25 Mergenhagen
(Item No. 58, C.C.P., Oct. 4, 1994)
That "Robert Mergenhagen - Petition to erect a billboard at 25
Mergenhagen" is an unlisted action as defined in 6 NYCRR Part 617.2. The Common
Council has approval power over this item, and is therefore an involved agency
as defined in 617.2. As part of an uncoordinated review, the Common Council has
evaluated an Environmental Assessment Form (EAF) on this item which has been
completed by the applicant (Part I) and by the City Planning Board (Part II);
and
Having made an independent assessment of the information contained in the
EAF, the Common Council adopts the findings set forth in Part II and, as a
result, finds that this proposed action will not result in any significant
adverse environmental impacts. Therefore, this Common Council issues a negative
declaration.
ADOPTED.
No. 141
Use 25 Mergenhagen (C.P.Bd.)
(Item # 6 CCP October 4, 1994)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 142
John A. Bellanti, Petition to use
1585 Clinton Street - Pole Sign
(Item No. 83, C.C.P., Sept. 20, 1994)
That after a public hearing before the Committee on Legislation
on October 25, 1994, the petition of John A. Bellanti, owner, for permission to
use 1585 Clinton for a pole sign be, and hereby is approved.
PASSED.
AYES- 13 NOES- 0.
No. 143
John A. Bellanti, Request to Erect
a Billboard at 1585 Clinton Street
(Item No. 59, C.C.P., Oct. 4, 1994)
That "John A. Bellanti - Request to Erect a Billboard at 1585
Clinton Street" is an unlisted action as defined in 6 NYCRR Part 617.2. The
Common Council has approval power over this item, and is therefore an involved
agency as defined in 617.2. As part of an uncoordinated review, the Common
Council has evaluated an Environmental Assessment Form (EAF) on this item which
has been completed by the applicant (Part I) and by the City Planning Board
(Part II); and
Having made an independent assessment of the information contained in the
EAF, the Common Council adopts the findings set forth in Part II and, as a
result, finds that this proposed action will not result in any significant
adverse environmental impacts. Therefore, this Common Council issues a negative
declaration.
ADOPTED.
No. 144
Use 1585 Clinton (C.P.Bd.)
(Item # 7 CCP October 4, 1994)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 145
Encroach Awning - 2620 Main Street
(Item No. 39, C.C.P., Oct. 18, 1994)
That the Commissioner of Public Works be, and he hereby is, authorized
to issue a "mere license" to Mr. Charles Cortese, owner of Avenue Pizzaria,
located at 2620 Main Street, to install an awning which would encroach city
right-of-way at said address, subject to the following conditions:
1. That the applicant obtain any and all other City of Buffalo permits
necessary for said installation.
2. That the 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
($5,000) construction in street bond or certificate of insurance which will
indemnify and save harmless the City of Buffalo against any and all loss and
damage arising out of the construction, maintenance, use and removal of said
awning.
PASSED.
AYES- 13 NOES- 0.
No. 146
Ordinance Amendment
Chapter 263-12 - Alarm Ordinance
(Item No. 220, C.C.P., Oct. 4, 1994)
That the Ordinance Amendment as contained in Item No. 220, C.C.P.,
October 4, 1994, be, and the same hereby is approved.
Mr. Coppola now moved that the above item be received and filed.
ADOPTED.
No. 147
P. Caputo - Maintenance current Parking - Beard
(Item # 114 CCP September 6, 1994)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 148
J. Judelshon - Change Parking - Beard
(Item # 115 CCP September 6, 1994)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 149
J. Siller-Change Parking Reqs. - Beard
(Item # 79 CCP September 20, 1994)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 150
Actng. Sys. For Meters in Neighborhood Business Districts
(Item # 209 CCP October 4, 1994)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 151
Acct. Sys. - Meters in Business Districts (A&F)
(Item # 63 CCP October 18, 1994)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 152
Inspection Results - 161 Blaine (PW)
(Item # 45 CCP October 4, 1994)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 153
C. Jones - Illegal City Parking - 172 Broadway
(Item # 93 CCP October 4, 1994)
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
No. 154
Illegal Parking - 172 Broadway (A&F)
(Item # 64 CCP October 18, 1994)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 155
Illegal Parking Behind Shea's (Pol)
(Item # 45 CCP October 18, 1994)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 156
Illegal Parking Behind Shea's (A&F)
(Item # 65 CCP October 18, 1994)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED
No. 157
Urge Reduction in Use of Chlorine Bleached Paper
(Item No. 185, C.C.P., Oct. 4, 1994)
That the City Clerk be directed to send certified copies of this
resolution to President Clinton, the Clerk of the NYS Assembly, the Secretary
of the N.Y.S. Senate, members of the Western New York Legislature delegation,
and Reginald Brack, President, Time, Inc., Time-Life Building, Rockefeller
Center, N.Y., N.Y. 10020.
ADOPTED.
No. 158
Appointment of Members to the
City Planning Board
(Item No. 4, C.C.P., Oct. 18, 1994)
That the appointment to the City Planning Board of Susan Cuffan
Hoyt, 70 North Street, Buffalo, 14202 for a term expiring October 9, 1995, of
James K. Morell, 65 Durham Avenue, Buffalo, 14216 for a term expiring October
9, 1997, of Cynthia A. Schwartz, 833 Auburn Avenue, Buffalo, 14222 for a term
expiring October 9, 1996, be, and hereby are confirmed.
ADOPTED.
No. 159
Appointment of Members of the
Buffalo Municipal Housing Authority
(Item No. 3, C.C.P., Oct. 18, 1994)
Mr. Coppola moved that the above item be received and filed.
ADOPTED.
RESOLUTIONS
No. 160
By: Mr. Collins
City Bond Issues
Level Debt Service Determinations
Resolution of the City of Buffalo, New York, authorizing the City
Comptroller to make determinations to issue bonds and provide for substantially
level or declining debt service.
The Common Council of the City of Buffalo, in the County of Erie, New
York, hereby resolves as follows:
Section 1. Pursuant to the authority vested in it under Section 56.00 of
the New York Local Finance Law (the "Law"), the Common Council of the City of
Buffalo, the finance board of such City, hereby delegates to the Comptroller,
the chief fiscal officer of the City, its powers and duties prescribed in
Section 21.00 of the Law with respect to the making of determinations to issue
bonds and provide for substantially level or declining debt service. The
powers and duties hereby delegated shall be exercised by the Comptroller with
respect to all bonds heretofore or hereafter authorized by the Common Council,
until such time as the Common Council, by resolution, shall elect to reassume
the same.
PASSED.
AYES 13 - NOES - 0.
No. 161
By: Mr. Collins
Bond Resolution
$140,000 Bonds
Traffic Signal Installation to Zoo's Parkside
Avenue Entrance
Account 200-401-026
Bond Resolution of the City of Buffalo, New York, authorizing
the issuance of $140,000 General Improvement Bonds of said City to finance the
cost of the installation of a traffic signal on Parkside Avenue at the Zoo
Entrance, in the City, at the estimated total cost of $140,000.
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 One Hundred Forty Thousand ($140,000),
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 installation of a traffic signal
on Parkside Avenue at the Zoo Entrance. 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 $140,000 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, "Traffic Signal
Installation to Zoo's Parkside Avenue Entrance, 1994-95 ", Bond Authorization
Account No. 200-401-026, and shall be used for the specific object or purpose
specified in Section I 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 $140,000. 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) 72. of the Local Finance Law, is
twenty years.
(b) Current funds are not required by the Law to be provided as a down
payment prior to the issuance of the bonds authorized by this resolution or any
bond anticipation notes issued in anticipation thereof in accordance with
Section 107.00 d. 9. of the Law.
Section 5. Each of the bonds authorized by this resolution and any bond
anticipation notes issued in anticipation of the sale of said bonds and the
renewals of said notes shall contain the recital of validity prescribed by
Section 52.00 of the Local Finance Law. Said bonds and said notes shall be
general obligations of the City of Buffalo payable as to both principal and
interest by a general tax upon all the taxable real property within said City
without limitation as to rate or amount. The faith and credit of said City are
hereby irrevocably pledged for the punctual payment of the principal of and
interest on said bonds and said notes. Provision shall be made annually by
appropriation by said City for the payment of interest on and for the amounts
required for the amortization and redemption of said bonds and said notes.
Section 6. The validity of the bonds authorized by this resolution or any
bond anticipation notes issued in anticipation of the sale of said bonds may be
contested only if:
(a) Such obligations are authorized for an object or purpose for which the
City of Buffalo is not authorized to expend money, or
(b) The provisions of law which should be complied with at the date of the
publication of this resolution are not substantially complied with,
and an action, suit or proceeding contesting such validity, is commenced within
twenty days after the date of such publication,
or
(c) Such obligations are authorized in violation of the provisions of the
constitution.
Introduced: November 1, 1994
LAID ON THE TABLE.
No. 162
By: Mr. Collins
Oppose NFG Rate Hike
Whereas: On Friday, October 21, 1994 the National Fuel Gas Distribution
Corporation filed a request with the New York State Public Service Commission
for a rate increase of $56.5 million, or 8.9 percent, to be effective in the
summer of 1995; and
Whereas: NFG says that, if granted in full, the rate increase would boost
the average customer's monthly bill by $8.51 to about $92.50; and
Whereas: This request comes less than three months after NFG was granted a
3.5 percent rate increase that hiked the average consumer's monthly bill by
$3.00; and
Whereas: NFG claims that it needs the proposed hike in order to pay for
higher costs associated with construction, inflation, and new regulatory
programs, and to increase the profits it is allowed to earn; and
Whereas: The state Consumer Protection Board has strongly criticized the
request as excessive, particularly the company's effort to boost profits; and
Whereas: This appears to be an effort by the utility to ask for an
exorbitant, outlandish rate hike of nearly 9 percent in the hope that the PSC
will grant a smaller but still acceptable increase, a tactic that NFG has
utilized successfully in the past; and
Whereas: Having received a 3.5 percent rate hike earlier this year, NFG can
have no other reason to request another increase at this time other than
unmitigated greed and a callous disregard for the consumer who has to bear the
brunt of these increases; and
Whereas: It is important for this honorable body to voice its very strong
opposition to this proposal in the hope that the PSC will reject this
unwarranted and onerous rate hike request;
Now, therefore be it resolved:
That this Common Council go on record in opposition to the 8.9 percent
rate increase requested by National Fuel Gas, and urge the Public Service
Commission to deny NFG any rate hike at this time; and
Be it further resolved that:
That the City Clerk be directed to send certified copies of this
resolution to the National Fuel Gas Distribution Corporation and the Public
Service Commission.
ADOPTED.
No. 163
By: Mr. Collins
Rename Woodlawn Park - Charles T. Perkins Park
Whereas: The late Charles T. Perkins dedicated the majority of
his life to the improvement of his community, the Masten District; and
Whereas: The Reverend Perkins served as Executive Deputy Director of the
Community Action Organization, President of the Hamlin Park Taxpayers
Association, member of the American Legion Bennett Wells Post 1780, Board
member of the Humboldt Family YMCA, and was a founder of the Masten
Neighborhood Advisory Council; and
Whereas: Charlie Perkins was also involved in many other worthwhile
community endeavors and received various deserved awards in recognition of his
tireless efforts and dedication to his community; and
Whereas: Naming a public facility after Rev. Perkins would be an
appropriate way for the City of Buffalo to recognize a community leader whose
selfless dedication throughout his life left a memorable mark in our community;
and
Whereas: Renaming Woodlawn Park, in the heart of the Masten District, to
recognize one of its community leaders is a fitting way for the City of Buffalo
to honor Charles T. Perkins in his own community; and
Now Therefore Be It Resolved:
That the Common Council, after an appropriate Public Hearing set by the
City Clerk, redesignates Woodlawn Park as Charles T. Perkins Park in honor of
Reverend Charles T. Perkins.
LAID ON THE TABLE.
No. 164
By Mr. Coppola
Discharge Legislation Committee
BP&R R.R.- Use 711 City Line So. - Storage (HRG. HELD)
(Item 86, C.C.P., October 18, 1994)
Whereas, the above item is currently tabled in the Legislation
Committee, and
Whereas, it is no longer necessary for this item to be considered by that
committee,
Now Therefore Be It Resolved, that this Common Council does hereby
discharge the Legislation Committee from further consideration of this item,
and the item is now before the Common Council for its consideration.
ADOPTED.
Mr. Pitts moved:
That after a public hearing before the Committee on Legislation on
October 25, 1994, the petition of B R & P Railroad, for permission to use 711
city line south for a storage building be, and hereby is approved.
PASSED.
AYES- 13 NOES- 0.
No. 165
By: Mr. Coppola
Possible Consolidation of Water Authorities
Whereas: In order to conserve scarce financial resources during
these difficult fiscal times, municipalities across the country are exploring
the consolidation of services whenever possible; and
Whereas: This issue has been part of recent discussions regarding the eighth
percent of the sales tax, as some have suggested the possibility of allowing
the county to retain the proceeds of the entire percent in return for
assistance to the city in the provision of services; and
Whereas: One possible area to explore in this regard is the provision of
water, since both the City of Buffalo and the County of Erie have separate
water authorities; and
Whereas: Since the Buffalo Water Authority was established, city water users
have experienced rate hikes of 14.5 percent in 1992-93, 12.88 percent in
1993-94, and 9.45 percent in 1994-95; and
Whereas: If the current system continues, it appears that there will be
significant water rate increases in Buffalo for years to come; and
Whereas: On the other hand, if Buffalo's water system were absorbed by the
Erie County Water Authority there could be various efficiencies (improved
credit rating, volume discounts on supply purchases, etc.) that would be passed
on to water consumers; and
Whereas: Both the city and the county might benefit from expanding the Erie
County Water Authority to include the City of Buffalo, and that concept needs
to be seriously examined;
Now, therefore be it resolved:
That this Common Council requests the Buffalo Water Authority and the
Erie County Water Authority to report on the feasibility and advisability of
consolidating those two entities; and
Be it further resolved:
That the City Clerk be directed to forward certified copies of this
resolution to the Buffalo Water Authority, the Erie County Water Board, the
Mayor of Buffalo and the Erie County Executive.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE BUFFALO WATER AUTHORITY, THE
COMMISSIONER OF PUBLIC WORKS, THE CORPORATION COUNSEL, AND THE ERIE COUNTY
WATER AUTHORITY.
No. 166
By: Mr. Coppola
Expel Convicted Felons from Retirement System
Whereas: The former Assistant Registrar of Vital Statistics is
currently under investigation for theft of city funds; and
Whereas: Under normal circumstances, if a vested employee retires or
resigns, that employee is eligible for benefits from the state retirement
system; and
Whereas: An employee convicted of theft of city funds, or any felony causing
hardship for the city, has violated the public trust and should not be rewarded
with generous retirement benefits from the state system.
Now therefore be it resolved that
This Common Council requests that the Corporation Counsel research, in
anticipation of creating the necessary legislation, the legality of expelling
from the state retirement system those city employees convicted of theft, or
any felony that would cause hardship for the city, as the direct consequence of
their actions.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE, THE CIVIL SERVICE COMMISSION, THE
CORPORATION COUNSEL AND THE NEW YORK STATE EMPLOYEES RETIREMENT SYSTEM.
No. 167
BY: Mr. Coppola
Oppose National Fuel Rate Increase
Whereas: On October 21, 1994, National Fuel Gas Corporation announced
that it would be seeking an 8.9 percent rate increase; and
Whereas: If approved, this 8.9 percent increase would translate into $56.5
million, and would increase the average residential customer's bill $8.51 per
month; and
Whereas: Over the past five years, National Fuel Gas has consistently
requested inflated rate increases ranging from 6 to 8.5 percent, and the Public
Service Commission has consistently granted significantly lower rates ranging
from 2.1 to 3.65 percent; and
Whereas: This most recent request was made just three months after being
granted 3.5 percent and appears to be just as inflated as previous requests;
and
Whereas: It appears that National Fuel has not justified this rate increase
request by proving any competitors are underpricing their product.
Now therefore be it resolved that
This common council is opposed to the most recent request by National
Fuel Gas for an 8.9 percent rate increase; and
Be it further resolved that
The City Clerk send certified copies of this resolution to the Public
Service Commission, the Consumer Protection Board, and National Fuel Gas
Corporation.
ADOPTED.
No. 168
By: Mr. Czajka
Clean Cities Memorandum Of Understanding
Whereas: The following is the Clean Cities Memorandum of Understanding;
MEMORANDUM OF UNDERSTANDING
BY AND AMONG The City of Buffalo, County Of Erie, Utilities, National
Fuel Gas, Niagara Mohawk, Town of Tonawanda, Alternative Fuel Suppliers, Fleet
Operators, NFTA, Local Governments SUNY Buffalo and Public and Private
Institutions and Corporations and the U.S. DOE;
HEREBY AGREE in the interest of becoming a designated Clean Cities
Community via the United States Department of Energy Clean Cities opportunity;
TO PARTICIPATE as individuals and in joint efforts to move towards the
following goals;
REDUCE our local dependence on petroleum based and imported fuels used by
public vehicle fleets; as per the Energy Policy Act of 1992;
WORK to meet the vehicle emission standards of Title 11 of the Clean Air
Act Amendments of 1990;
PROVIDE public education and opportunities to view and test Aternative
fuel vehicles ( AFV'S) encouraging the conversion and manufacture of Aternative
Fuel Vehicles;
EXPLORE creative and cooperative efforts to build public infrastructure
including refueling stations, conversion and repair facilities and keep
statistical records and data to aid in research and development of Alternative
Fuel Vehicles;
SAVE COSTS associated with the maintenance and operation of vehicle
fleets for public and private corporations;
FORMALIZE a structure via the initial signers as a Clean Cities Steering
Committee to advantage any government or private grant dollars to serve the
best interests of our community and to assign advisory groups comprised of
additional signers and sub committees comprised of interested parties working
together on special projects as identified.
THIS MEMORANDUM OF UNDERSTANDING IS NOT INTENDED TO AND DOES NOT CREATE
ANY CONTRACTUAL RIGHTS AND OBLIGATIONS WITH RESPECT TO THE SIGNATORIES OR ANY
OTHER PARTIES. THIS MOU MAY BE AMENDED WITH THE CONSENT, AS TO ANY PARTY, OF
THE SIGNING PARTIES AND MAY BE TERMINATED BY THE MUTUAL CONSENT OF THE SIGNING
PARTIES OR BY ANY PARTY UPON 30 DAYS WRITTEN NOTICE TO THE OTHER PARTIES. THIS
MOU SHALL BECOME EFFECTIVE THE DAY THE LAST PARTY TO SIGN DOES SO. MEMBERSHIP
IS OPEN TO ALL INTERESTED PUBLIC AND PRIVATE ENTITIES.
Whereas: It is in the best interest of the City Of Buffalo to become an
active stakeholder in the Clean Cities effort,
Now Therefore Be It Resolved:
That the City of Buffalo Common Council support the Clean Cities
Memorandum Of Understanding.
ADOPTED.
No. 169
By: Mr. Franczyk
Payment of Certain Small Claims
Whereas, the Common Council, by Item No. 184, C.C.P., June 26,
1979, established a specific procedure for payment of claims of $100.00 or less
and Claims under Section 207 (a) and (c) of the General Municipal Law, which
pertain to medical bills of Policemen and Firemen in any amount; and
Whereas, the subject claims are eligible for consideration under the
said procedure; and
Whereas, the Department of Law has verified the validity of the claims
and recommend payment thereof;
Now Therefore, Be It Resolved:
That the Comptroller be, and hereby is authorized to make payment of the
following claims, and that said payment be charged against the "Judgment and
Claims Account" in the Department of Law:
1 . Brownies Uniform Company
Claim for payment of prior fiscal year Invoice #15938 for services
rendered to the Police Department. $ 12.00
2. Federal Express Corporation
Claim for payment of prior fiscal year Invoice #1-712-37450 for services
rendered to the City Clerk's Office of Vital Statistics.
$ 32.50
3. Margaret Johnson
Claim for reimbursement of money not returned at Police Headquarters, Central
Booking. Ms. Johnson surrendered $180.80 in cash the night of her arrest. She
had a large quantity of coin in a plastic bag. It appears that the count of
dollars and cents were properly carried out but transcribed in error. Ms.
Johnson has a receipt for $180.80 but only $139.80 was returned to her. $
41.00
4. Harvey C. Jones
Claim for work clothing damaged by paint that sprayed all over claimant picking
up trash in the performance of his duties in the Department of Street
Sanitation. $ 80.00
5. E.A. Oddo
Claim for loss of garbage can at 551 Richmond Avenue. $ 10.00
6. Barbara Slattery
Claim for loss of seven (7) garbage cans at 91 Domedion Avenue.
$ 40.00
7. Hattie Zimniewicz
Claim for loss of garbage cans at 50 Littlefield. $ 20.00
Investigation by the Department of Law reveals that the above claims are
valid and payment is hereby recommended.
PASSED.
AYES- 13 NOES- 0.
No. 170
By: Ms. Lockwood
Establish No-Refund Policy for Parks Passes
Whereas: The Common Council recently rejected two claims for partial
refunds of City of Buffalo golf passes; and
Whereas: The payments would have reimbursed two individuals for a portion of
the fee that each one paid for the season pass; and
Whereas: The two golfers paid $250 each for seasonal passes which could have
been used for unlimited play at the Delaware, South Park and Cazenovia courses;
and
Whereas: Both claimants asked for partial reimbursement because they were
unable to fully use the passes due to circumstances beyond their control, since
one relocated to Las Vegas and the other suffered a broken leg; and
Whereas: Golf permit fees generate a significant amount of money for the
City, and failure to have a clear no-refund policy could adversely impact a
revenue source which needs to be maintained; and
Whereas: Although these claims were not approved, in order to protect the
City there needs to be a formal Parks Department policy that states clearly
that there will be no refunds issued for unused passes; and
Whereas: This "no-refund" policy should also be extended to include swimming
passes;
Now, therefore be it resolved:
That the Parks Department be requested to establish a formal policy of
not refunding money paid for seasonal recreational passes, and to state so
clearly on those passes; and
Be it further resolved:
That all city departments that issue passes or permits be requested to
file their policies regarding refunds with the City Clerk so that they may be
reviewed by this Honorable Body.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE COMMISSIONER OF PARKS, THE
COMMISSIONER OF ADMINISTRATION AND FINANCE, THE CITY CLERK AND THE CORPORATION
COUNSEL.
No. 171
By: Mrs. Lockwood
Common Council - Lead Agency SEQR Gelinmac Storage Corporation
Whereas: Gelinmac Storage Corporation has requested a change of
use permit to allow for the fight manufacturing of animal feed; and
Whereas: The New York State Department of Environmental Conservation and the
City of Buffalo have both conducted uncoordinated reviews of this permit
request; and
Whereas: The Common Council via item No. 132, C.C.P. 10/18/94 adopted "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;" and
Whereas: The NYS DEC criteria for determining a lead agency include: "a. the
primary location of an action's impact i.e. statewide, regional, or local (If
the impacts are of primarily local significance, the local agency involved
should be designated the lead agency.);"
Whereas: The Common Council has agreed to accept lead agency status; and
Whereas: The Division of Planning is willing to lend technical,
administrative, and staffing responsibilities to assist the Common Council as
the lead agency in the SEQR of Gelinmac Storage Corporation;
Now, Therefore, Be It Resolved:
That Common Council rescind the designation of the Department of
Community Development, Environmental Management Commission as the lead agency
in the SEQR of Gelinmac Storage Corporation and designates itself as the
appropriate lead agency under the requirements of the NYS DEC; and
Be It Further Resolved:
That the Division of Planning assist this Honorable Body in completing
the SEQR for Gelinmac Storage Corporation.
ADOPTED.
No. 172
By: Mrs. LoTempio
Salary Ordinance Amendment
011- City Clerk
001 - City Clerk
The Common Council of the City of Buffalo do ordain as follows:
That part of Section 1 of Chapter 35 of the Ordinances of the City of
Buffalo, relating to 011 001 Division of City Clerk which reads:
1 Deputy City Clerk $32,948 $38,312
is hereby amended to read:
1 Deputy City Clerk $41,500
It is hereby certified, pursuant to Section 34 of the Charter, that the
immediate passage of the foregoing ordinance is necessary.
We, George K. Arthur, President of the Council and James B. Milroy,
Director of the Budget, hereby certify that the change in salary of the Deputy
city Clerk of the Division of City Clerk is necessary for the proper conduct,
administration and performance of essential services of that department. We
recommend that the compensation for said position be fixed at the respective
amount set forth in the foregoing ordinance.
George K. Arthur
President of the Council
James B. Milroy
Director of the Budget
APPROVED AS TO FORM
Edward Peace
Corporation Counsel
PASSED.
AYES - 13 NOES - 0.
No. 173
By: Mrs. LoTempio
Salary Ordinance Amendment
011- City Clerk
001 - City Clerk
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 011 - 001 Division of City Clerk which reads:
1 Assistant Registrar of Vital Statistics $32,948 - $38,312
is hereby amended to read:
1 Assistant Deputy City Clerk $32,948
It is hereby certified, pursuant to Section 34 of the Charter, that the
immediate passage of the foregoing ordinance is necessary.
We, George K. Arthur, President of the Council and James B. Milroy,
Director of the Budget, hereby certify that the deletion of one (1) Assistant
Registrar of Vital Statistics and the creation of one (1) Assistant Deputy City
Clerk of the Division of City Clerk is necessary for the proper conduct,
administration and performance of essential services of that department. We
recommend that the compensation for said position be fixed at the respective
amount set forth in the foregoing ordinance.
That a personnel requisition incident to the creation of the above
position, containing a statement of the duties of said 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.
George K. Arthur
President of the Council
James B. Milroy
Director of the Budget
APPROVED AS TO FORM
Edward Peace
Corporation Counsel
PASSED.
AYES- 13 NOES- 0.
No. 174
BY: Mrs. LoTempio
Salary ordinance Amendment
20 Department of Police
1 Police Administration
001 Office of the Police Commissioner
and
20 Department of Police
3 Line of operations
002 - Patrol Services
The Common Council of the City of Buffalo do ordain a follows:
That part of Section 1 of Chapter 35 of the Ordinance of the City of
Buffalo, relating to 20 - Department of Police, 1 - Police Administration, 001
- Office of the Police Commissioner and 20 - Department of Police, 3 - Line
Operations, 002 - Patrol Services which reads:
203-002 560 Police Officer $30,860 - $41,723
203-002 18 Police Captain $55,349
is hereby amended to read:
203-002 556 Police Officer $30,860 - $41,723
203-002 21 Police Captain $55,349
201-001 1 EAP Coordinator $42,000
It is hereby certified, pursuant to Section 34 of the Charter, that the
immediate passage of the foregoing ordinance necessary.
We, R. Gil Kerlikowske, Commissioner of Police and James B. Milroy,
Director of the Budget, hereby certify that the elimination of four (4) Police
Officers, the creation of three (3) Police Captains and the creation of one (1)
EAP Coordinator are necessary for the proper conduct, administration and
performance of essential services of that department. We recommend that the
compensation for said positions be fixed at the respective amount set forth in
the foregoing ordinance.
That personnel requisitions incident to the creation the above positions,
containing a statement of the duties of such position, have been filed with the
Municipal Civil Service Commission and said Commission has approved and
certified the position titles set forth in the foregoing ordinance as being
appropriate civil Service titles for the proposed positions.
R. Gil Kerlikowske
Commissioner of Police
James B. Milroy
Director of the Budget
APPROVED AS TO FORM
Edward Peace
Corporation Counsel
PASSED.
AYES 13 NOES 0.
No. 175
By Mrs. LoTempio
ORDINANCE AMENDMENT
SECTION 137-7 SCHEDULE OF FINES AND PENALTIES
The Common council of the City of Buffalo does hereby ordain as
follows:
That Chapter 137 Code Enforcement, Section 7 Schedule of Fines and
Penalties of the Code of the City of Buffalo be amended to read as follows:
The schedule of fines and penalties shall be as follows:
Type of Violation Fine Additional Maximum
Class A $10.00 $10.00 $30.00
Excessive avoidable alarms- $10.00 $10.00 $30.00
1 to 3 avoidable alarms
within a twelve-month period
263-12 (per offense)
Class C $50.00 $50.00 $150.00
Unauthorized $50.00 $50.00 $150.00
dumpsters on City
Street, 413-4
Unauthorized pavement $50.00 $50.00 $150.00
opening and replacement, 413-19
Unauthorized temporary $50.00 $50.00 $150.00
encroachment of the city
right of way 413-59
Unauthorized encroachments, $50.00 $50.00 $150.00
street closings, block parties
[more than 3] 4 to 7 excessive $50.00 $50.00 $150.00
avoidable alarms within a
twelve-month period 263-12
(per offense)
Class D $100.00 $100.00 $300.00
Unauthorized temporary
storage $100.00 $100.00 $300.00
of materials or temporary
structures in sidewalk space
or roadway, 413-37
Unauthorized Sidewalk cafes $100.00 $100.00 $300.00
(Encroaching)
the city right of way 413-59
Unauthorized work
without Proper $100.00 $100.00 $300.00
permits on streets and sidewalks
413-63
More than 7 excessive $100.00 $100.00 $300.00
avoidable alarms within a
twelve-month period 263-12
(per offense)
It is hereby certified , pursuant to section 34 of the Charter of the
City of Buffalo, that the immediate passage of the forgoing ordinance is
necessary.
APPROVED AS TO FORM
Edward D. Peace
Corporation Counsel
Note: matter underlined is new.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 176
BY: Mrs. LoTempio, Mr. Arthur, Mr. Bell, Mr. Collins, Mr. Coppola,
Mr. Czajka, Mr. Fahey, Mr. Franczyk, Mr. Helfer, Mrs. Lockwood, Mr. Perla, Mr.
Pitts, Mr. Zuchlewski
Withhold Payment of Unused Sick, Personal, or Vacation Time for
Employees Under Criminal Investigation for Theft from the City
Whereas: Civil Service employees accrue sick, vacation, or personal
leave time in accordance with the various collective bargaining agreements; and
Whereas: At the time of their retirement or resignation from city service,
Civil Service employees may be eligible for cash payments for earned but unused
sick, personal, or vacation time; Exempt, appointed, or elected officials have
no such time banking privileges; and
Whereas: Individuals who leave City of Buffalo employment while under
investigation for theft of goods, money, or services from the city should not
be eligible for cash payments for unused time, and therefore should not receive
any payment of such funds pending the outcome of the investigation; and
Whereas: Paying for unused time for an individual who is under investigation
for, or has admitted to stealing from the city is tantamount to rewarding the
individual's wrongdoing; and
Whereas: A policy should be established whereby an individual under
investigation for stealing from the city automatically forfeits his/her claim
to unused sick, personal, or vacation time pending the outcome of the criminal
investigation, and whereby no payments for unused time be made to such
individuals until he/she is cleared of any wrongdoing by the appropriate
investigatory or judicial agency; and
Whereas: The former Assistant Registrar of Vital Statistics, currently under
investigation for theft of city funds, is thought to have banked an enormous
amount of sick, vacation, and personal time and may try to claim payment for
this unused time; and
Whereas: The Common Council unanimously opposes payment for any unused time
claimed to be accrued by the former Assistant Registrar of Vital Statistics;
Now, Therefore, Be It Resolved:
That the Common Council requests that the Division of Labor Relations
report on whether the former Assistant Registrar of Vital Statistics has
requested payment for unused sick, personal, or vacation time and the amount to
which the individual believes he is entitled; and
Be It Further Resolved:
That the Common Council goes on record opposing any payment for accrued
unused time by the former Assistant Registrar of Vital Statistics, and directs
the Comptroller of the City of Buffalo to withhold payment of any claim made by
this individual or his agent for unused time; and
Be It Finally Resolved:
That the Division of Labor Relations, in conjunction with the Corporation
Counsel, develop a policy whereby an individual under investigation for
stealing from the City automatically forfeits his/her claim to unused sick,
personal, or vacation time pending the outcome of the criminal investigation,
and whereby no payments for unused time be made to such an individual until
he/she is cleared of any wrongdoing by the appropriate investigatory or
judicial agency.
ADOPTED.
No. 177
By Mr. Perla
Discharge Economic Development Committee
LDA Transportation Industries
(Item 52, C.C.P., October 18, 1994)
Whereas, the above item is currently tabled in the Economic Development
Committee, and
Whereas, it is no longer necessary for this item to be considered by that
committee,
Now Therefore Be It Resolved, that this Common Council does hereby
discharge the Economic Development Committee from further consideration of this
item, and the item is now before the Common Council for its consideration.
ADOPTED.
The above Item has been set for a Public Hearing before the Common
Council, at this regularly scheduled meeting, this date, at 2:00 P.M., and that
a Notice of same has been published in the Buffalo News, a copy of which is
attached hereto.
On a Motion by Mr. Pitts, Seconded by Mr. Perla the item is properly
before the Common Council, and the Hearing be opened.
CARRIED.
Appearances: Maria Scinta, BURA
Mr. Pitts now moved that the hearing be closed. Seconded by Mr. Perla.
CARRIED.
Mr. Pitts moved
WHEREAS, the Buffalo Urban Renewal Agency has duly designated
Transportation Industries, Inc. and/or other legal entity to be formed as
qualified and eligible Redeveloper in accordance with rules and procedures duly
adopted by the Agency; and
WHEREAS, the City Clerk has published a Notice of Public Hearing, as
required by Section 507, Subdivision 2(d) of the "General Municipal Law"; and
WHEREAS, the proposed Land Disposition Agreement has been duly submitted
to this Common Council by the Buffalo Urban Renewal Agency; and
NOW, THEREFORE, BE IT RESOLVED:
1. That Transportation Industries, Inc. and/or other legal entity to be
formed was duly designated as qualified and eligible Redeveloper by the Buffalo
Urban Renewal Agency, is hereby approved as the Redeveloper for a portion of
Thruway Industrial Park Phase II.
2. That the Mayor, the Chairman or Vice-Chairman of the Buffalo Urban
Renewal Agency is hereby authorized to execute any and all deeds or other
documents necessary to convey land described in the proposed "Land Disposition
Agreement" to Transportation Industries, Inc. and/or other legal entity to be
formed in accordance with the terms of said Agreement and for the consideration
recited therein.
PASSED.
AYES- 13 NOES- 0.
No. 178
By Mr. Perla
Discharge Economic Development Committee
LDA Fruit Belt Housing II
(Item 57, C.C.P., October 18, 1994)
Whereas, the above item is currently tabled in the Economic Development
Committee, and
Whereas, it is no longer necessary for this item to be considered by that
committee,
Now Therefore Be It Resolved, that this Common Council does hereby
discharge the Economic Development Committee from further consideration of this
item, and the item is now before the Common Council for its consideration.
ADOPTED.
The above Item has been set for a Public Hearing before the Common
Council, at this regularly scheduled meeting, this date, at 2:00 P.M., and that
a Notice of same has been published in the Buffalo News, a copy of which is
attached hereto.
On a Motion by Mr. Pitts, Seconded by Mr. Perla the item is properly
before the Common Council, and the Hearing be opened.
CARRIED.
Appearances: Louis Malucci, Community Revitalization
Mr. Pitts now moved that the hearing be closed. Seconded by Mr. Perla.
CARRIED.
Mr. Pitts moved that
WHEREAS, the Buffalo Urban Renewal Agency (herein referred to as the
"Agency") has duly designated James Management Co., Inc. and/or other legal
entity to be formed as qualified and eligible Redeveloper in accordance with
rules and procedures duly adopted by the Agency; and
WHEREAS, the City Clerk has published a Notice of Public Hearing, as
required by Section 507, Subdivision 2 (d) of the "General Municipal Law"; and
NOW, THEREFORE, BE IT RESOLVED:
(1) That James Management Co., Inc. and/or other legal entity to be formed
was duly designated as qualified and eligible Redeveloper by the Buffalo Urban
Renewal Agency, is hereby approved as the Redeveloper for the FruitBelt II New
Housing Project in the Community Wide Urban Renewal Homestead Program Area.
(2) That the Chairman or Vice Chairman of the Buffalo Urban Renewal Agency
and the Mayor of City of Buffalo are hereby authorized to execute any and all
deeds or other legal documents necessary to convey the land described in the
proposed "Land Disposition Agreement" to the Redeveloper and/or other legal
entity to be formed in accordance with the terms of said Agreement and for the
consideration recited therein.
PASSED.
AYES- 13 NOES- 0.
No. 179
By: Mr. Perla
Implement City Wide Garbage Tag Identification Program
Whereas: The city of Buffalo provides garbage pickup and disposal
services for residential homes, businesses, and not for profit agencies; and
Whereas: The city garbage pickup and disposal service which removes
thousands of tons of garbage from 42 square miles of city land, is sustained by
the taxpayers of the city of Buffalo; and
Whereas: Factors such as excessive volumes of garbage over the legal limits
per property, garbage brought into the city illegally for disposal, and service
delivered to non taxpayers have seriously inhibited the efficiency of the
city's garbage service; and
Whereas: A program providing garbage and disposal services to city
residents, businesses, and not for profit agencies displaying identification
tags issued to them by the City of Buffalo would alleviate the burden of
excessive and unauthorized garbage collected by city workers; and
Whereas: Garbage identification tags would be issued to resident property
owners whose property taxes are current. All others would be required to
purchase garbage identification tags at a cost to be determined; and
Whereas: The commissioner of Street Sanitation is receptive to the concept
of a City Wide Garbage Tag Identification program and encourages further
discussions and research on this issue.
Now, Therefore Be It Resolved That:
This Common Council requests that the Corporation Counsel, the
Commissioner of the Department of Street Sanitation and the Commissioner of the
Department of Administration and Finance meet with members of this Council to
discuss the design and implementation of a City Wide Garbage Tag Program.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE COMMISSIONER OF STREET
SANITATION, THE COMMISSIONER OF ADMINISTRATION AND FINANCE AND THE CORPORATION
COUNSEL.
No. 180
By: Mr. Perla
Re: Ordinance Amendment
Chapter 242- Housing Standards
The Common Council of the City of Buffalo does hereby ordain as
follows:
That Chapter 242 of the Code of the City of Buffalo be amended to read as
follows:
242-1 1. Inspection Enforcement
Upon a finding of quilt by a court of competent jurisdiction or plea of guilty
before such court, the property owner- whose property is cited as being in
violation of a city housing ordinance and such property required three or more
inspections before being brought into compliance, shall be liable for a fee of
seventy-five dollars ($75.) for each subsequent inspection following and
including the third inspection.
It is hereby certified, pursuant to Section 34 of the Charter, that the
immediate passage of the foregoing ordinance is necessary.
APPROVED AS TO FORM
Edward D. Peace
Corporation Counsel
NOTE: Matter underlined is new.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 181
By: Mr. Pitts
Permission to erect a banner for
Buffalo's First Christmas in the City
Antique Show and Sale.
Whereas: Buffalo's First Christmas in the City Antique Show and
Sale will be held at the Buffalo Convention Center Ballroom on November 1 8th &
I 9th, 1 994; and
Whereas: Western New Yorkers and people from neighboring states,
Pennsylvania and Ohio, as well as people from Canada will be enjoying Buffalo
hospitality. The hotels and restaurants in the downtown vicinity serving
lunches and dinners will benefit from Buffalo's First Christmas in the City
Antique Show and Sale, and
Whereas: In order to promote this event, the sponsor request permission
to erect a banner at Niagara Square from November 4th thru November 21 st, 1
994: and
Now, therefore be it resolved:
That the Common Council authorize Buffalo's First Christmas in the City
Antique Show and Sale sponsor to erect a banner at Niagara Square; and
Be it further resolved:
That permission be subject to conditions set forth by the Commissioner of
Public Works.
PASSED.
AYES- 13 NOES- 0.
No. 182
By: Mr. Pitts
SET PUBLIC HEARING
PROPOSED LAND DISPOSITION AGREEMENT FOR Parcels 17D, 18A and a Portion of 20F
in The
Oak Street Redevelopment Project - NYR-197
WHEREAS, The Dormitory Authority of the State of New York 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 Parcel 17B, 18A,
and a portion of in the Oak Street Redevelopment Project - NYR-197.
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
4th day of November 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
15th day of November 1994.
ADOPTED.
No. 183
By Mr. Zuchlewski
Appointment of Legislative
Assistant to Council Staff
Resolved: that Michael J. Drewniak, 125 Howell Street, Buffalo,
New York 14207, be appointed as Legislative Assistant to the Buffalo Common
Council Staff. This appointment shall become effective Tuesday, November 1,
1994.
ADOPTED.
No. 184
By: Mr. Zuchlewski
Conrail property maintenance and security
Whereas, Conrail owns a substantial amount of property throughout
the City of Buffalo that crosses through portions of every Council district,
and
Whereas, in these neighborhoods, the railroad tracks have always held a
certain temptation and lure of adventure to neighborhood children and have a
tradition of providing cross throughs and short cuts to places across the
tracks, and
Whereas, rail lines are off the beaten track and out of view of most people.
They have been a source of danger for children who attempt to ride the trains
and provide a haven for vagrants, muggers, and rapists. Rail lines are a
proven staging area and escape route for burglaries and other crimes to our
community, and
Whereas, during this summer and fall, there have been 3 reported rapes, I
attempted rape, and numerous burglaries on Conrail property or where Conrail
property was used as a means of escape in the Black Rock and Riverside areas of
Buffalo, and
Whereas, there have been an increasing number of vagrants actually setting
up camp and living on Conrail property apparently without ever being forced to
vacate their place of settlement, and
Whereas, while recognizing the fact that it is difficult to secure and
maintain the vast amount of property controlled by Conrail, it does not relieve
them of this responsibility, especially when notified of dangerous conditions,
and
Whereas, Conrail officials have been notified repeatedly throughout the
summer and fall of these problems and have ignored requests to clean their
property and to increase security along the rail lines in Black Rock and
Riverside. They have maintained their history of unresponsive behavior when
problems are brought to their attention, and
Now, Therefore, be it Resolved:
That this Common Council request that local Conrail Officials formally
respond to this Honorable Body as to the reasons why they have not addressed
the repeated notifications of hazardous conditions on their property, and their
plans to answer our concerns for property maintenance and increased security
along their property.
REFERRED TO THE COMMITTEE ON LEGISLATION, CONRAIL, THE COMMISSIONER OF
INSPECTIONS AND COMMUNITY REDEVELOPMENT AND THE CORPORATION COUNSEL.
No. 185
By Mr. Zuchlewski
Felicitations/In Memoriam
Attached hereto are Felicitation and In Memoriam Resolutions sponsored
by Members of the Common Council as indicated:
Felicitation for Ms. Jill Turchiarelli
By Councilmember Helfer
Felicitation for Jacqueline M. Davis
By Councilmember Collins
Felicitation for William Banks
By Councilmember Collins
Felicitation for Sal Morreale
By Councilmembers Arthur, Bell, Collins, Coppola, Czajka, Fahey, Franczyk,
Helfer, Lockwood LoTempio, Perla, Pitts and Zuchlewski
ADOPTED.
No. 186
By: Mr. Zuchlewski
Appointments Commissioner of Deeds
That the following persons are hereby appointed as Commissioner
of Deeds for the term ending December 31, 1994, conditional upon the person so
appointed certifying under oath to their qualifications and filing same with
the City Clerk:
Renew Comm. of Deeds for Dec. 31,1994 - Dec. 31,1996
Yvonne Anderson
Kathleen M. Barnes
Jennie D'Angelo
Donald Dingeldey
Jill L. Donius
James E. Hunter
Audrey Neubeck
Christina C. Sendziak
Cheryl B. Sturtevant
Total: 9
ADOPTED.
UNFINISHED BUSINESS
No. 187
Bond Resolution - $3,120,000 - Michigan Bridge
(No. 173, C.C.P., Oct. 18, 1994)
Mr. Pitts moved that the above item be taken from the table.
Seconded by Mr. Bell.
CARRIED
Mr. Pitts now moved approval of the above item. Seconded by Coppola.
PASSED.
AYES- 13 NOES- 0.
No. 188
Announcement Of Committee Meetings
The following meetings are scheduled. All meetings are held in
the Council Chambers, 13th floor, City Hall, Buffalo, New York, unless
otherwise noted.
Regular Committees
Civil Service Wed., November 9, 1994 - 9:30 A.M.
Finance Wed., November 9, 1994 following C.S.
Economic Dev. Wed., November 9, 1994, 1:00 PM
U. R. A. C. Wed., November 9, 1994 following
Legislation Wed., November 9, 1994 2:00 PM
Ancillary Committees
CATV Comm Wed., November 2, 1994, 2:00 PM Rm 1417
CATV Comm Thurs., November 3, 1994, 9:00 AM Rm 1417
No. 188
Adjournment
On a motion by Mr. Pitts, Seconded by Mrs. Lockwood the Council
adjourned at 3:10 P. M.
CHARLES L. MICHAUX, III
CITY CLERK
Board of Police and Fire
Pension Proceedings #9
Mayor's Office-201 City Hall
October 27, 1994-11:00 a.m.
Present: George K. Arthur, Council President; Anthony M. Masiello,
Mayor; R. Michael McNamara-Deputy Comptroller-3
Absent: None
The Journal of the last Meeting was approved.
No. 1
I transmit herewith the Pension Payroll for the Fire Pension Fund
for the month of October 1994 amounting to $29,623.00, and respectfully request
that checks be drawn to the order of the persons named herein for the amounts
stated.
Adopted
Ayes-3. Noes-0.
No. 2
I transmit herewith the Pension Payroll for the Police Pension
Fund for the month of October 1994 amounting to $30,707.64, and respectfully
request that checks be drawn to the order of the persons named herein for the
amounts stated.
Adopted
Ayes-3. Noes-0.
No. 3
On motion by Mr. Arthur, the City of Buffalo Police and Fire Pension
Board Meeting adjourned at 11:10 a.m.