HomeMy WebLinkAbout94-1129
No. 22
Common Council
Proceedings
of the
City of Buffalo
Regular Meeting, November 29, 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 29, 1994
at 2:00 P.M.
PRESENT- George K. Arthur, President of the Council, and Council
Members Coppola, Czajka, Fahey, Franczyk, Helfer, Lockwood, LoTempio, Perla,
Pitts, and Zuchlewski- 11.
ABSENT- Council Members Bell and Collins- 2.
On a motion by Mr. Pitts, seconded by Mrs. LoTempio, the minutes of the stated
meeting held on November 15, 1994 were approved.
FROM THE MAYOR - EXECUTIVE DEPARTMENT
FROM THE CITY PLANNING BOARD
No. 1
Transport Services - Request To Erect A
Billboard Sign at 60 Van Rensselaer Ave.
Item No. 115, C.C.P., November 15, 1994
The City Planning Board at its regular meeting held Tuesday, November
22, 1994, considered the above request pursuant to section 387-19 of the
Buffalo Code - Review of Billboard Signs.
The applicant seeks to place a "V' type, non accessory, billboard sign
which will be indirectly illuminated and visible from the New York Thruway
(Niagara section). The sign will measure 14 feet by 48 feet (672 square feet)
and will be 45 feet in overall height.
The sign will be located in an M2 zone which permits billboards providing
that they are not within 1000 feet of another accessory sign on the same side
of a limited access expressway and that they are not within 300 feet of
residential districts. The sign complies with these code restrictions. The
area and height of the sign are also in compliance with the Buffalo Code.
Under SEQR the proposed sign is considered an unlisted action which may be
studied through uncoordinated review.
Given this, the City Planning Board voted to approve the proposed
billboard sign.
RECEIVED AND FILED.
No. 2
Rich Products Corporation - Request To Expand
An Existing Parking Lot at 22-50 Gelston Place
Item No. 99, C.C.P., November 1, 1994
The City Planning at its regular meeting held Tuesday, November
22, 1994, considered the above request pursuant to section 511-98 of the
Buffalo Code Restricted Parking Lots in Residential Zones.
The applicant seeks to expand an existing accessory parking lot by
demolishing six homes on Gelston Street. When completed, the expanded lot will
provide 306 off-street spaces. This represents a net increase of 51 new
spaces.
The site is located in an R2 zone which permits such restricted parking
but only upon the approval of your Honorable Body. Under SEQR the proposed
parking expansion may be considered an unlisted action which may be studied
through uncoordinated review.
After discussion and review of the applicant's landscaping treatment, the
City Planning Board voted to approve the proposed parking lot expansion with
the following conditions: 1) that the established setback and grassed area for
the existing parking be continued for the expanded lot; 2) that a chain link
fence to secure the parking area is completely screened with an appropriate
hedge which shall be maintained regularly; 3) that between the hedge and the
sidewalk a number of 2 1/4" caliper trees are planted and properly maintained;
and 4) that only three curb cuts be allowed on Gelston.
REFERRED TO THE COMMITTEE ON LEGISLATION.
FROM THE PRESERVATION BOARD
No. 3
Certificate Of Exception
984 Main Street
The Buffalo Preservation Board approved the issuance of a Certificate
of Exception for the property listed above. The owner/contractor is authorized
to perform the following exterior work:
Remove the deteriorated balconies and block up the existing door openings
on the second and third floors at the south side of the building with concrete
block to match existing and paint white to match exterior walls. Carry a
fascia band of blue flashing, to match the existing color, at the face of the
wall where the balconies are removed.
NO DEVIATION PERMITTED:
Section 337-25 of the Buffalo Preservation Code states
that it shall be unlawful to deviate from the proposed plans or any
modification required thereto as approved by the Preservation Board.
COURT ACTION:
Section 337-30 of the Buffalo Preservation Code states that the
Corporation Counsel is empowered to seek an injunction or other appropriate
court order where it appears that the owner is about to do or is doing work in
violation of any of the provisions relating to the issuance of this
Certificate.
PENALTIES:
Section 337-32 of the Buffalo Preservation Code states that a
violation is punishable by a fine not to exceed five 'hundred dollars ($500.00)
or by imprisonment not exceeding fifteen (15) days. Every day of such
violation may be held to constitute a separate offense.
THIS IS NOT A BUILDING PERMIT:
It is the responsibility of the owner to see
that all required permits are issued prior to commencement of the actual work.
If a building permit is required, you must apply no later than six (6) months
from the date of this Certificate.
REFERRED TO THE COMMITTEE ON LEGISLATION.
FROM THE COMPTROLLER
No. 4
Certificate of Necessity
Transfer Funds
Common Council - Legislative - Temporary Services
Common Council-Fin Comm Chairman-Salaries, Regular
We, Anthony M. Masiello, Mayor and Joel A. Giambra, Comptroller,
do hereby certify, pursuant to Section 42 of the Charter, that it is necessary
that the sum of $3,800 be transferred and reappropriated from the Common
Council Legislative, as set forth below:
Dated: Buffalo, NY, November 15, 1994
RECEIVED AND FILED.
No. 5
Renewal Option - Lease Agreement
Between the City of Buffalo and
Kensington-Bailey Area Planning Community, Inc.
For Use of 2969-71 Bailey Avenue
Item #1, C.C.P. April 18, 1989
Your Honorable Body authorized the leasing of a Community Center
located at 2969 - 2971 Bailey Avenue to Kensington-Bailey Area Planning
Committee, Inc. This lease agreement was for a one year period commencing
December 1, 1989 and ending November 30, 1990. The lease also included nine
(9) additional one year renewal options.
This office has received a request from the Kensington-Bailey Planning
Committee, Inc., President, Peter J. Zanghi, to exercise their option to renew
said lease for an additional one year period as stated in their lease
agreement. The lessee has fully satisfied this requirement and has complied
with all other provisions and terms of the lease.
This renewal will be for the period of December 1, 1994 to November 30,
1995. This reflects the fifth renewal option of their lease agreement.
This office recommends Your Honorable Body approve Kensington-Bailey Area
Planning Committee, Inc. to exercise their option to renew their lease for an
additional one year term. I am further recommending that Your Honorable Body
authorize the Corporation Counsel to prepare the necessary lease renewal and
that the Mayor be authorized to execute the same.
Mr. Pitts moved:
That the communication from the Comptroller, dated November 21, 1994, be
received and filed; and
That the Comptroller be, and he hereby is, authorized to renew the lease
between the City of Buffalo and the Kensington-Bailey Area Planning Committee,
Inc. for 2969-2971 Bailey Avenue for an additional one year period, to commence
on December 1, 1994 and ending on November 30, 1995. The annual lease also
included nine (9) additional one year renewal options of which, this is the
fifth renewal option. That the Corporation Counsel shall prepare the necessary
lease renewal and that the Mayor be authorized to execute the same.
PASSED.
AYES- 11 NOES- 0.
No. 6
Report of Auction
382 Moselle, W 87.061 NE Woodlawn
Lot Size: 301 x 1121
Assessed Valuation:
Land: $ 2,600
Total: 21,000
The above property was offered for sale at public auction on October
24, 1994 after public notice and due advertisement. Terms and conditions of
the auction were established in accordance with the procedures Governing the
Sale of City-Owned Property, not acquired for a municipal purpose, Item #198,
Common Council Proceeding of 5/16/78.
The subject property consists of a vacant two and one half story frame,
two family home in fair condition.
The highest bid received was in the amount of Two Thousand Dollars
($2,000.00), from Mr. Joseph Bain, 137 Goemble Street, Buffalo, New York. A
deposit in the amount of 20% of the bid has been received. The balance of the
bid price shall be paid in full within 45 days of the effective date of
approval by Your Honorable Body. There is no bond and mortgage involved.
Mr. Bain has signed an agreement to complete the improvements and bring
the property into code compliance within a reasonable time after closing on the
sale and transfer of title. A tax and title search survey will not be provided
to the purchaser. The purchaser will pay for transfer tax, recording fees and
cost of the legal description. There were no costs involved for the payment of
real estate commissions or auctioneer fees for this auction.
The Collections Division has indicated that there are no outstanding
taxes, parking tickets, street fines and/or demolition liens owing to the City
of Buffalo by Mr. Bain.
I am recommending that Your Honorable Body approve Mr. Bain's bid, in the
amount of Two Thousand Dollars ($2,000.00), authorize the Common Council to
prepare the necessary documents for the transfer of title and that the Mayor be
authorized to execute the same.
Mr. Pitts moved:
That the communication from the Comptroller, dated November 10, 1994, be
received and filed; and
That the offer of Mr. Joseph Bain, 137 Goemble Street, in the sum of
$2,000.00 (Two Thousand Dollars) to purchase the property described as 382
Moselle, be and hereby is accepted; and
That the Corporation Counsel shall prepare the necessary documents for
the transfer of title and that the Mayor be authorized to execute the same, in
accordance with the terms and conditions of sale upon which the bid was
submitted, provided, however,
That the appraisal requested by the City of Buffalo shall be paid by the
purchaser; and
That the transfer tax, recording fees and cost of legal description shall
be paid by the purchaser.
PASSED.
AYES- 11 NOES- 0.
No. 7
Result of Negotiations 166 Myrtle 337.581 W S Cedar
Vacant Lot: 251 x 781
Assessed Valuation: $1,200
Item No. 17, C.C.P. 5/31/94
In the above referenced Item Your Honorable Body authorized the
office of the Comptroller, Division of Real Estate, to negotiate a private sale
with Mr. Santos and Rita Rodriquez of 170 Myrtle Street, Buffalo, New York.
They intend to purchase this property and expand their yard area.
An independent appraisal of the property was conducted by Mr. Timothy R.
Troy, Appraiser, Cash Realty and Auctions, 22 Lafayette Blvd., Williamsville,
New York 14221. He has estimated the fair market value of the property to be
Four Hundred Dollars ($400.00), which represents approximately Twenty-One Cents
($.21) a square foot. The Division of Real Estate concurs with the appraisers
estimate of value.
The results of our negotiations are that Mr. Santos Rodriquez has agreed
and is prepared to pay Four Hundred Dollars ($400.00) for the subject property.
He has also agreed to pay for the cost of the appraisal, transfer tax,
recording fees and cost of the legal description.
I am recommending that Your Honorable Body approve the sale of 166 Myrtle
Avenue to Mr. Santos and Rita Rodriquez in the amount of Four Hundred Dollars
($400.00). 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 the same.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 8
Result of Negotiations 96 Purdy, W 1001 N Glenwood
Vacant Lot Size: 25' x 100'
Assessed Valuation: $1,300
Item No. 29, C.C.P. 7/26/94
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. Curlean Barlow of 98 Purdy Street, Buffalo, New York, to purchase the
above captioned property. Ms. Barlow intends to purchase this property for
yard expansion.
An independent appraisal of the property was conducted by Robert E.
Jones, Appraiser, 1325 Kensington Avenue, Buffalo, New York 14215, in the
amount of Five Hundred Dollars ($500.00), which represents approximately Twenty
Cents (.20) a square foot. The Division of Real Estate has investigated the
sales of similar properties in the area sale prices range from Twenty-One Cents
(.21) to Thirty-Five Cents (.35) a square foot.
The results of our negotiations are that Ms. Curlean Barlow has agreed
and is prepared to pay Six Hundred and Fifty Dollars ($650.00) for the subject
property, which is Twenty-Six Cents ($.26) a square foot. She has also agreed
to pay for the cost of the appraisal, transfer tax, recording fees and cost of
the legal description.
I am recommending that Your Honorable Body approve the sale of 98 Purdy
Street to Ms. Curlean Barlow in the amount of Six Hundred and Fifty Dollars
($650.00). 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 the same.
Mr. Pitts moved:
That the communication from the Comptroller, dated November 23, 1994, be
received and filed; and
That the offer of Ms. Curlean Barlow, 98 Purdy Street, in the sum of
$650.00 (Six Hundred and Fifty Dollars) to purchase the property described as
96 Purdy, be and hereby is accepted; and
That the Corporation Counsel shall prepare the necessary documents for
the transfer of title and that the Mayor be authorized to execute the same, in
accordance with the terms of sale upon which the bid was submitted, provided,
however,
That the appraisal requested by the City of Buffalo shall be paid by the
purchaser; and
That the transfer tax, recording fees and cost of legal description shall
be paid by the purchaser.
PASSED.
AYES- 11 NOES- 0.
No. 9
Quarterly Financial Data
This is to advise that a report of the Appropriations, Expenditures,
Encumbrance and Revenue activity of the City of Buffalo General Fund for the
period July 1 through September 30, 1994 has been delivered to the Common
Council Chief-of-Staff Peter J. Savage.
This is in response to your request for quarterly financial data. We
have also submitted this data to the Budget Office and it is made available to
departments and divisions individually in a printed format and on their
"on-line computer terminals."
This approach has been utilized due to the size of the reports and
limited budgetary resources.
The State of Appropriation/Accounting Activity reports data on an
individual expense line basis. The Summary of Appropriation/Accounting
Activity summarizes line items data by function within departments and
divisions, and includes the General City Charges line accounts, i.e.:
departments with an 81X identifier. The Detail of Revenue Report summarizes
individual revenue accounting activity by department and division, and also
summarizes all revenue activity by source (NYS, Federal, etc.).
REFERRED TO THE COMMITTEE ON FINANCE AND THE COMMISSIONER OF ADMINISTRATION AND
FINANCE.
No. 10
Review of Audit
Department of Parks
Golf Course Revenues
We have reviewed the records and examined the procedures of the
Department of Parks for recording the revenues generated by the operation of
City golf courses. Although the Department has implemented some of the
recommended improvements from our 1992 audit, we found internal controls for
collecting and accounting for golf revenues to still be extremely weak.
During our review we discovered the following:
* Employees' personal moneys are commingled with the golf revenues.
* Money is not deposited in a timely manner. (Golf fees from October 14 and
15 were kept at an employee's home until October 20, 1994.)
* Pay-in (deposit) slips are manually numbered.
* There is no supervisory review of the golf revenue collection procedures.
* On 8 of the 53 days we examined, the deposits were for different amounts
than the records at the golf courses indicated (5 shortages, 3 overages, total
$11.50 short).
* The register tape for July 7, 1994 from Cazenovia Park was hand written.
* Daily Golf Revenue Reports are completed in a manner which is susceptible
to alteration. (Reports are not pre-numbered and completed in pencil.)
* One employee is responsible for recording and controlling deposits.
We recommend the City purchase Pinpoint Cash Registers as a better means
of accounting for the players at its golf courses and the fees collected
therefrom. A pilot project involving the system took place in October at
Cazenovia Golf Course and proved highly effective in strengthening overall
controls in the collecting and accounting of over-the-counter cash
transactions.
REFERRED TO THE COMMITTEE ON FINANCE AND THE COMMISSIONER OF PARKS.
No. 11
Convention Center - Change
Audit Reporting Requirements
Item #100, CCP, 11/15/94
This office has reviewed the memorandum of the Buffalo Convention
Center and their request to furnish year end financial statements as prepared
by their Certified Public Accounting firm in lieu of quarterly statements.
The year end financial statement format is similar to that required of
agencies receiving City grant funds. Experience has shown that this procedure
and type of report facilitates the needs of the Comptroller's office.
This office concurs with the Buffalo Convention Center's request and
recommends that your approving motion delete the need for quarterly statements.
In addition, the motion should include a new requirement for annual financial
statements prepared by a Certified Public Accounting firm and provided to the
City within 90 days of the close of the Buffalo Convention Center fiscal year.
REFERRED TO THE COMMITTEE ON FINANCE.
FROM THE COMMISSIONER OF ASSESSMENT
No. 12
Safety of City Property
Item 213, C.C.P. 10/4/94
Upon request, the Department of Assessment can provide to the
Department of Housing and Property Inspections a list of City of Buffalo and
Buffalo Urban Renewal Agency owned buildings and parcels of land.
REFERRED TO THE COMMITTEE ON LEGISLATION.
FROM THE COMMISSIONER OF PUBLIC WORKS
No. 13
Bond Cancellation; Kehr Street
It is hereby certified that the bond described below be canceled:
Principal: Seaboard Allied Milling,
A Division of Cargill, Inc.
Surety: Safeco Insurance company of America
Amount: $5,000,000
Structure: Conveyor Bridge
Location: Kehr Street, 125 feet north of north curbline
of Urban Street
This bond is no longer necessary due to the fact the encroachment has
been removed. The above captioned bond should be deemed released and canceled
as to future liability in accordance with the provisions of the City
ordinances.
RECEIVED AND FILED.
No. 14
Extension of Time on Contract
Additions to Shoshone Park
Concession Building
In accordance with the terms of the contract between the City
of Buffalo and W.C. Roberson Plumbing & Construction Corp. C-91784600, the work
should have been completed by November 24, 1994.
Due to a delay in the delivery of the metal roofing system this
contractor could not complete the work of this project on time. This is the
first extension of time on this contract.
I have granted an extension of time to December 26, 1994 to W.C. Roberson
Plumbing & Construction Corp. to complete the work of their contract.
RECEIVED AND FILED.
No. 15
Canisius College Requests use of
Delavan Avenue Armory
Item No. 40, C.C.P. 11/1/94
As per your request, the Department of Public Works is searching
for a copy of said lease agreement and said copy will be filed when available.
A request was also made for a copy of the proposed lease between the City
and Canisius College. Said lease does not exist and would be formulated by the
Corporation Counsel after approval by Your Honorable Body. This lease would
then contain any conditions that you may stipulate.
I hope this information meets your requirements.
RECEIVED AND FILED.
No. 16
Reply Liquor License Applications
Item No. 94, C.C.P. 11/15/94
In response to Item No. 94, C.C.P. 11/15/94, Restaurant, Music
and Coin Controlled applications for Mickey's Grill, 44 Allen Street have been
received and have been processed.
RECEIVED AND FILED.
No. 17
Reply- Liquor License Applications
Item #75, C.C.P. 11/1/94
In reference to C.C.P., Item # 75, 11/1/94, application for Restaurant,
Music and Coin Controlled Amusement Devices were mailed to T.A.S. Gas Inc.,
2075 Delaware Avenue, Mohamed S. Ahmed, dba Hind Market, 1172 Broadway.
Applications have been received and have been processed for Underground Inc.,
274 Delaware Avenue/ M T Pockets Inc., 1519 Hertel Avenue. Applications have
been received and licenses issued to Melrose Lounge, 1947 Seneca Street/ Nick
Kotrides, 486 Elmwood Avenue, Mickey's Grill, 44 Allen Street and Harvest Moon
Cafe, 45 Court Street. The license for Cooperwoods Sports Bar Inc., 1077 East
Ferry Street has expired.
RECEIVED AND FILED.
No. 18
Renewal of Contract-Composting Various Materials
Parker Bay Consultants Inc., has a contact with the City of Buffalo
for the composting of various materials generated in the City. This contract
began July 1, 1990 and runs through June 30, 1995. The current contract allows
for one five-year extension at the City's option. Parker Bay has submitted a
request to extend the contract. All items of the original contract will remain
in effect the following amendments:
1. Parker Bay will forego the annual cost of living adjustment for contract
year 1994-1995. This cost of living adjustment would be 3.2% and equates to a
savings of $0.65 per ton for materials delivered to the City. Based on
previous yearly tonnages, this savings could range from 8 to 12 thousand
dollars for this contract year.
2. Parker Bay will, as needed, cause to have sampling and analytic testing
done on its materials for items that may be included in the City's Capital
Improvement Projects.
3. Parker Bay will provide the City with a listing of all materials that
they produce that may be utilized in the closure of the Squaw Island landfill.
Parker Bay will also have these materials tested to document compliance with
all applicable regulations. Parker Bay will give the City a minimum credit of
$1.65 per ton for material used as part of the closure plan.
4. Parker Bay will provide the City with a proposal for the demonstration
capping of one acre of Squaw Island landfill utilizing all recycled and
reclaimed materials.
5. Parker Bay will relocate its operations during the course of this
agreement in the event that composting and recycling operations are found to be
incompatible with the Squaw Island closure project.
This Department feels that Parker Bay has fully complied with the
contract obligations of the existing contract and based upon their past
performance, we recommend the renewal of this contract including the above
items. We therefore request that your Honorable body authorize the Corporation
Counsel to draft a renewal agreement to the existing contact and a renewal of
the lease and occupancy agreement for the West Side Transfer Station and that
you further authorize the Commissioner of Public Works to execute these
documents on behalf of the City.
REFERRED TO THE COMMITTEE ON FINANCE AND THE CORPORATION COUNSEL.
No. 19
Assignment of Contracts Solid Waste
Integrated Waste Services Inc. is in the process of selling their
solid waste handling business to CID Refuse Services. They have requested an
assignment of our contracts for solid waste transfer and hauling, and
recycling.
I have met with the principles of CID Refuse and I have examined their
experiences. They are a reputable firm with vast experience in the solid waste
disposal industry. I thus find no reason to deny the assignment due to lack of
qualifications.
As of this date, CID has applied for an operating permit from the State
Department of Environmental conservation. CID has not yet received their
permits. The assignment of the contract will therefore be conditioned on the
receipt of the proper permits from DEC.
Attached for your use is an opinion from the Corporation Counsel
regarding the propriety of this assignment.
REFERRED TO THE COMMITTEE ON FINANCE AND COMMISSIONER, OF STREETS SANITATION.
No. 20
Report of Bids- Partial Reconstruction
School "29" for Senior Citizens
I advertised for on November 8, 1994 and received the following
sealed proposals which were publicly opened and read on November 22, 1994.
C&A Painting 49,600
Miller Enterprises 54,000
Wilsandra Construction 59,750
The Hadala Corp. 66,400
C.H. Bryon 67,000
LCP Construction 89,500
I hereby certify that the foregoing is a true and correct statement of
all bids received and that C&A Painting in the amount of $49,600 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 200-402-042- Division of
Buildings.
Mr. Pitts moved:
That the communication from the Department of Public Works, dated
November 22, 1994, be received and filed; and
That the Commissioner of Public Works be, and he hereby is authorized to
award a contract for Partial Reconstruction School "29" for Senior Citizens to
C&A Painting, the lowest responsible bidder in the amount of $49,600, with said
cost to be charged against B/F 200-402-042 Division of Buildings.
PASSED.
AYES- 11 NOES- 0.
No. 21
Report Of Bids
Crack Sealing Of City Pavements 1994-1995
Item No. 28, C.C.P. 9/6/94
This is to advise your Honorable Body that I have advertised and
received bids on November 16, 1994 for Crack Sealing of City Pavements.
In obtaining bids for the above project, I have asked for bids on a unit
price covering the various items of work and material which will be performed.
The final cost of the work will be based on the actual measured quantities of
materials entering into the work and may be either more or less than the total
bid.
The following bids were received:
Amherst Paving, Incorporated $ 85,900.00
Tom Greenauer Development, Inc. $ 89,600.00
Pine Ridge, Incorporated $142,400.00
I hereby certify that the lowest responsible bidder for the above project
is Amherst Pacing, Inc.,
I respectfully recommend that you Honorable Body order the work, the cost
thereof to be charged to the Capital Projects Fund #200-401-507-00-000 in an
amount not to exceed $85,900.00, for a total encumbrance of $85,900.00. The
engineer's estimate for this work is $75,000.00.
The attached is certified to be a true and correct statement of the two
(2) lowest bids received. Under provision of the General Municipal Law, any of
the bidders may withdraw his bid if an award of the contract is no made by
January 3, 1995. Individual bid submissions are available in our office for
inspection and copies are available upon request.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 22
Report of Bids
Repair to Street Cuts 1994-1995
Item No. 28, C.C.P. 9/6/94
This is to advise your Honorable Body that I have advertised and
received bids on November 16, 1994 for Repair to Street Cuts 1994-1995.
In obtaining bids for the above project, I have asked for bids on a unit
price covering the various items of work and material which will be performed.
The final cost of the work will be based on the actual measured quantities of
materials entering into the work and may be either more or less than the total
bid.
The following bids were received:
Thomann & Loewer Asphalt Paving Corp $233,267.00
Amherst Paving, Inc. $248,304.00
Tom Greenauer Development, Inc. $265,801.00
Pine Ridge, Inc. $348,279.00
I hereby certify that the lowest responsible bidder for the above project
is Thomann & Loewer Asphalt Paving Corporation.
I respectfully recommend that your Honorable Body order the work, the
cost thereof to be charged to the Capital Projects Fund #200-401-507-00-000 in
an amount not to exceed $ 233,267.00, for a total encumbrance of 233,267.00.
The engineer's estimate for this work is $ 225,000.00.
The attached is certified to be a true and correct statement of the two
(2) lowest bids received. Under provisions of the General Municipal Law, any
of the bidders may withdraw his bid if an award of the contract is not made by
January 3, 1995. Individual bid submissions are available in our office for
inspection and copies are available upon request.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 23
Emergency Repairs - Pavement Restoration
Broadway and Schutrum
Informational Report Only
A watermain blew in the Broadway/Schutrum area in October, 1994.
The Water Division crews made the necessary repairs, however, the State of New
York had just finished repaving Broadway and Schutrum from curb to curb. The
State of New York, DOT, required the Division of Water to restore this section
of pavement destroyed by the watermain break in accordance with all the
specifications so that the street paving meets their requirements.
Informal bids were received from the following companies for this
restoration work:
DiPizio Construction Company
100 Stradtman
Cheektowaga, New York $ 52,356.00
Nichter Construction Company, Inc.
344 Vulcan Street
Buffalo, New York $ 73,320.00
Amherst Paving, Inc.
330 Meyer Road
Buffalo, New York 14226 $ 94,632.00
Mr. John Day, Associate Engineer, of the Division of Engineering's
Section of the City of Buffalo has concurred with the Division of Water's
Engineer that of the three (3) bids received, the Division of Water should hire
DiPizio Construction Company to perform this repair in the amount of
$52,356.00.
The repairs will be made under the supervision of the Engineering
Division. This repair must be done immediately before the inclement weather is
upon us.
Funds for these repairs are available in the Division of Water's
416-980-066 account.
This communication is for your informational purposes only.
Mr. Pitts moved:
That the communication from the Department of Public Works, dated
November 14, 1994, be received and filed; and
That the Commissioner of Public Works be, and he hereby is, authorized to
award a contract for Pavement Restoration at Broadway and Schutrum to DiPizio
Construction Company, the lowest responsible bidder in the amount of
$52,356.00, with said cost to be charged against the Division of Water's
416-980-066 account.
PASSED.
AYES- 11 NOES- 0.
No. 24
Change in Contract
New Roof Memorial Auditorium
I herewith submit to Your Honorable Body the following change
in contract for the New Roof, Memorial Auditorium, Jos. A. Sanders & Sons,
Inc. C-91752900:
1. Remove existing broken roof drain
and replace with new cast iron drain. Add 1,071
2. Remove water damaged tapered
insulation and replace with new. Add 3,610
3. Remove water damaged flat insulation and install new as
per price agreed to in original bid. Add 6,109
4. Remove damaged & collapsed metal decking
and install new 18 GA roof deck. Add 3,125
5. Reconstruct deteriorated, damaged
exterior wall at barrel roof. Add 3,253
6. Remove old edging & flashing. Replace
with new - entire perimeter of roof. Add 15,842
7. Reconstruct leaking roof over
management area - northeast corner. Add 10,061
The foregoing change results in a net increase in the contract of
forty-three thousand seventy-one and 11/100 dollars ($43,071.00)
Summary
Original Amount of Contract $287,272.00
Amount of this change (No. 1) Add 43,071.00
Revised Amount of Contract $330,343.00
This change could not be foreseen at the time contract was let. Cost
have been reviewed by the Department of Public Works and found to be fair and
equitable.
I recommend that Your Honorable Body authorize the Commissioner of Public
Works to issue a change order to the contractor as set forth above.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 25
Buffalo General Hospital Closing of Ellicott Street Between High and Goodrich
Streets
Mr. Michael G. Chmiel, Project Manager for Ciminelli-Cowper Construction,
in conjunction with Buffalo General Hospital, has requested permission to
temporarily close a portion of Ellicott Street.
Specifically, Ellicott Street would be closed between High and Goodrich
Streets to all but emergency vehicle traffic for a period of ten (10) months.
The period of closure would be from June, 1995 to April, 1996. This street
closure is necessary as Buffalo General modernizes and reconstructs its
emergency room.
The Department of Public Works, Division of Engineering has reviewed the
street closure and traffic detour plan submitted by Ciminelli-Cowper. We have
no objection to the above mentioned street closing provided the following
conditions are met:
1) That the applicant obtain any and all other City of Buffalo permits
necessary for said street closure.
2) That the applicant install and maintain all signage deemed necessary by
the Traffic Engineer.
3) That the applicant restore all affected areas to original condition upon
completion of the project.
4) That the applicant supply a certificate of insurance, which is approved
as to sufficiency by the Corporation Counsel, and which indemnities the City
against any and all damage or loss caused by said street closing.
Mr. Pitts moved:
That the communication from the Department of Public Works, dated
November 16, 1994, be received and filed; and
That the Commissioner of Public Works be, and he hereby is, authorized to
grant to Mr. Michael G. Chmiel, Project Manager for Ciminelli-Cowper
Corporation the temporary closing of a portion of Ellicott Street between High
and Goodrich Streets for a period of ten (10) months from June, 1995 to April,
1996 as Buffalo General Hospital modernizes and reconstructs its emergency room
with the conditions as listed in the above communication.
PASSED.
AYES- 11 NOES- 0.
No. 26
1264 Main Street; Planters Within Right-of-Way
Mr. Bruce Natalizia of Delta Sonic Car Wash, located at 1264 Main
Street, has requested permission to install four (4) planters which would
encroach City right-of-way at said address.
The proposed planters would be located between the main sidewalk and the
west curbline of Main Street. The planters would be constructed of stone and
measure a maximum of 50 feet in length, 8 feet in width, and 18 inches in
height.
The Department of Public Works has reviewed Mr. Natalizia's request
pursuant to Chapter 413-67 (Encroachment Regulations 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 planters be installed exactly as shown on plans submitted to and
approved by the Department of Public Works, Division of Buildings.
3. That the planters be installed a minimum of 18 inches west of the west
curbline of Main Street.
4. That the applicant be responsible for relocation of any existing
underground utilities affected by the installation of the planters.
5. That the applicant be responsible for maintaining the planters.
6. That the applicant supply the Department of Public Works with a
Certificate of Insurance which will indemnify and save harmless the City of
Buffalo against any and all loss or damage arising out of the construction,
maintenance, use, and removal of said planters.
REFERRED TO THE COMMITTEE ON LEGISLATION AND DELTA SONIC CAR WASH.
FROM THE COMMISSIONER OF PARKS
No. 27
Info- Appointment- Recreation Instructor
Item No. 44, C.C.P. Sept. 30, 1994
Attached, is the information you requested, relative to the above-named
item.
Please advise if you require additional information.
RECEIVED AND FILED.
No. 28
No Refund Policy- Park Passes
Item No. 70, C.C.P. November 1, 1994
The Parks Department concurs with the above item and further agrees
to establish a formal "no-refund" policy and to so state same on all golf
passes, swimming pool season passes and resident I.D. Cards.
Signs, so stating the no-refund policy, will be posted at all points of
sale.
RECEIVED AND FILED.
No. 29
Tree Trimming and Removal Contracts
No. 45, C.C.P. November 1, 1994
No. 46, C.C.P. November 1, 1994
With reference to the above named items, the Department of Parks
is presently preparing the lists requested for tree trim and tree removals as
per our usual procedure.
Removal work will start in approximately 6 to 8 weeks after the contracts
are prepared and approved by the Law Department.
As soon as these lists are completed, we will file them for your
information.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 30
Request Approval for Community Group To Operate Snack Counter At Machnica
Center
The Department of Parks has received a proposal from the Kaisertown
Advisory Community Council, (see detailed attachment)/ 2050 Clinton Street, to
operate a small snack counter at the Peter Machnica Center, 1799 Clinton
Street.
The K.A.C.C. support for the Machnica Center represents the active
parental involvement we are seeking in all of our Community Centers. In the
short time K.A.C.C. has been in existence, many physical improvements have been
made to the Center. More importantly, the K.A.C.C. has formed the basis of a
parental support group for all aspects of programming at the Machnica Center.
The City will derive no financial benefit from this plan. The existing
pop machine will not be affected. The City will continue to receive a small
percentage of gross sales from the existing Pepsi-Cola vending machine.
The approval of the enclosed plan, would allow me, as Commissioner of
Parks, to grant permission to the Kaisertown Advisory Community Council to set
up a snack counter at the Machnica Center as stated in their proposal. Your
favorable consideration is requested.
Mr. Pitts moved:
That the communication from the Parks Department, dated November 22,
1994, be received and filed; and
That the Commissioner of Parks be, and he hereby is, authorized to enter
into a lease between the City of Buffalo and the Kaisertown Advisory Community
Council for the operation of a small snack counter at the Peter Machnica
Center, 1799 Clinton Street. That the Corporation Counsel shall prepare the
necessary lease renewal and that the Mayor be authorized to execute the same
with conditions as requested by the Corporation Counsel and the Commissioner of
Parks.
PASSED.
AYES- 11 NOES- 0.
No. 31
Leahy's Social Club -Replacement for
Sidway Playground
No. 89, C.C.P., November 1, 1994
I have been asked to respond to the above-named item. While,
we in the Parks Department were aware that the parcel of land known as Sidway
playground was eliminated, we were not aware of the former administration's
promise to create and/or develop a new playground.
We will explore the feasibility of developing a new playground for the
residents of this area. We will also look into the suggestion from the Leahy's
Women's Social Club to replace Sidway Playground by developing and looking for
financing to establish a playground at O'Connell and Hamburg.
We have also passed this request to Community Development for their
comments and/or recommendations.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 32
Disposal of Buffalo's
Stock of Sevin
Item No. 179, C.C.P. June 23, 1992
The Department of Parks wishes to advise your Honorable Body of
progress in its effort to dispose of its supply of the toxic pesticide, Sevin.
Both the official City of Buffalo Pest Management Board and many of our
citizens have concluded that the use of Sevin against the elm leaf beetle is
unwarranted. Very substantial questions exist regarding the efficacy of the
material, and as well, about possible use-collateral damage to human health and
the environment disproportionate to any possible benefit-
Pursuant to Common Council Resolution of June 23. 1992, and reflecting
the direction of Mayor Anthony Masiello that Sevin not be used on elm trees
along City streets and in parks, the Department of Parks has been seeking an
appropriate and cost effective method of disposal.
The Parks Department's previous attempt through the Department of General
Services for sale of the material, produced no results. Failure to find a taker
for legal use would mean extraordinary expense for incineration of the material
in a specially Federally-approved incinerator. Such incineration will become
the only available disposal option in approximately one year, when the Sevin in
question will have reached its expiration date. This expiration date factor,
combined with the seasonally limited application period, creates a relatively
narrow window for any use of this supply of Sevin. This narrow window for use,
combined with expensive disposal costs, goes a long way toward explaining this
Department's difficulty in finding a taker for the material.
With all the above factors in mind, the Department of Parks, working with
the New York State Department of Environmental Conservation, has reached a
tentative arrangement with an Eden, New York - based agricultural pesticide
distributor (Agway) under which Parks' supply of Sevin will be taken with only
nominal reimbursement to the City. It is contemplated that the material will be
used for agricultural purposes only, and will in point of fact, be substituted
for Sevin which would otherwise have been purchased from its manufacturer for
similar use.
It is the hope of the Department of Parks that this prospective
arrangement meets with the approval of your Honorable Body.
REFERRED TO THE COMMITTEE ON FINANCE AND THE CORPORATION COUNSEL.
FROM THE COMMISSIONER OF FIRE
No. 33
Change Fargo to One Way
Item No. 102, C.C.P. 11/1/94
As per your request for input on the proposed change to make Fargo
Street one way from Connecticut to Hudson Street, through a survey of our
affected Battalion Chief, we have determined there is no impact from a fire
service perception.
RECEIVED AND FILED.
No. 34
Reinstatement Of Firefighter
The following is in response to your letter of November 16, 1994,
In reference to James C. Thomas' reinstatement to the Fire Department:
I conferred with the Buffalo Civil Service Department in September of
1994, regarding this matter and Civil Service stated that under Civil Service
rules, this gentleman could not be reinstated. A letter to this effect was sent
to Mr. Thomas on September 28, 1994.
If there are any further questions regarding this matter, please contact
me.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
FROM THE COMMISSIONER OF COMMUNITY DEVELOPMENT
No. 35
EAF Transport Services - Request To Erect A Billboard Sign at 60 Van
Rensselaer
Item No. 115, C.C.P., November 15, 1994
Attached for your information is the Short Environmental Assessment
Form for the matter captioned above.
Mr. Pitts moved:
That the communication from the Division of Planning, dated November 22,
1994, be received and filed; and
That "Transport Services - Request to erect a billboard sign at 60 Van
Rensselaer" 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 the
EAF, the Common Council adopts the findings set forth in Part II and, as a
result, find that this proposed action will not result in any significant
adverse environmental impacts. Therefore, this Common Council issues a negative
declaration.
ADOPTED.
No. 36
EAF- Rich Products Corp. - Request To Expand Existing Parking Lot at 25-50
Gelston
Item No. 99, C.C.P., November 1, 1994
Attached for your information is the Short Environmental Assessment
Form for the matter captioned above.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 37
Request Transfer of Funds CDBG Into Bond Fund
200-717-045 - King Urban Life Center
We are requesting permission from Your Honorable Body to accept
a transfer of $20,00 from CDBG account 93-14201 into bond fund 200-717-045 King
Urban Life Center.
This transfer will allow the Department of Community Development to award
a contract to restore the front entrance of the former church.
We are requesting your immediate approval of this item.
RECEIVED AND FILED.
No. 38
Permission To Contract King Urban Life Center
Genesee & Rich Streets
The Department of Community Development opened and publicly read
formal bids on November 22, 1994 exterior restoration of the main (south)
entrance at the King Urban Life Center former St. Mary of Sorrows Church.
Eight firms picked-up plans and specification for the work. One firm
Progressive Weatherproofing submitted a bid in the amount of $191,000. We
would like to point out that Progressive not only has the experience in this
type of historic restoration work but is also extremely familiar with this
structure as they have completed a substantial amount of restoration work under
earlier contracts with the city on this facility.
Due to the complexity of the restoration work it is our impression that
the work was simply beyond the other firms ability to complete a project of
this magnitude. Thus only one qualified bid was received.
At this time we anticipate utilizing Bond Fund 200-717-045 which has a
balance of $142,970.23 an additional amount of $32,069.08 is available in the
88-89 State Environmental Quality Bond Act (EQBA). Additionally, we re
requesting permission to transfer $20,000 in Community Development Block Grant
funds from account 93-14201 into Bond Fund account 200-717-045 so that
Community development can award the construction contracts.
We are requesting that your Honorable Body approve the hiring of
Progressive Weatherproofing contingent upon the verification of existing funds
for this project and the acceptance of the CDBG fund transfer.
Mr. Pitts moved:
That the communication from the Department of Community Development,
dated November 23, 1994 be hereby received and filed, and,
That the Commissioner of Community development is hereby authorized to
hire Progressive Weatherproofing to restore the main (south) entrance at the
King Urban Life Center at a cost of $191,000, contingent upon the verification
of existing funds for this project and the acceptance of the CDBG fund
transfer.
PASSED.
AYES- 11 NOES- 0.
No. 39
NYS Economic Development Zone
Revision to Boundary Description
Item # 213 ,CCP, 2/22/94
On February 22, 1994, this Honorable Body approved a Local Law
creating an Economic Development Zone (hereinafter referred to as "Zone"). On
July 27, 1994, the City of Buffalo was awarded a New York State Economic
Development Zone, by the State of New York.
Subpart 2 of aforesaid Local Law defined the boundaries of the areas of
the Zone. Subsequent to the designation of the Zone, certain areas adjacent to
the Zone have been proposed for major economic developments. The additions
include the American Axle Paint Plant and the 50 High Street development.
Publicly owned facilities located within the Zone, such as public parks
and public schools, are not eligible to receive the benefits offered by the
zone designation. Therefore, the deletions include Willert Park, Sperry Park
and P.S. 31/32.
Due to the recent developments, the Department of Community Development
believes that it is in the best interests of the City of Buffalo to approve the
revision to the boundaries of the Zone.
It is therefore respectfully requested that the attached resolution be
approved.
REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT.
FROM THE COMMISSIONER OF INSPECTIONS AND COMMUNITY REVITALIZATION
No. 40
Reply Liquor License Request For:
1417 Genesee, 435 Military, 727 Elmwood, 73-75 Allen Street, 1853 Clinton, 232
Gibson and 140 Main St. (Aud Club)
Item No. 101, C.C.P. 9/6/94
With regard to the above subject properties please be advised
of the following inspection results:
1417 Genesee St.: This property was inspected on October 27, 1994 by Building
Inspector Arthur Kostrzewa; whereby on this date he found it to be in
substantial compliance. There are no outstanding letters of violations, no
outstanding building permits and no court cases pending.
435 Military Rd.: Property was inspected on November 1, 1994 and again on
November 3, 1994. Numerous violations exist both inside and out, including '
but not limited to: Exterior wood siding badly deteriorated and water damaged,
gutters and downspouts leaking or missing, inoperable area light hanging on
roof at rear; missing panic hardware at rear egress (improper door swing),
other egress is blocked off; no ventilation at rest rooms; excessive wood,
trash and debris in the basement. Electrical violations apparently have been
corrected. Legal use as a tavern has been verified. There is no current court
action pending. No outstanding building permits open at this time. A letter
of violation will be addressed to the owner for follow-up by district
inspector.
727 Elmwood Avenue: This property was inspected on November 1, 1994. The rear
portion of this building was heavily damaged by fire on December 5, 1993. A
building permit was issued to repair said fire damage and establish substantial
compliance within 30 days of the date of issue. To date no apparent progress
has been made to repair the fire damage. The roof remains open to the weather
causing further damage within. Other various violations exist on both the
interior and exterior. At this time there is no court action pending. Looking
at past records there was a bench warrant issued in July of 1992 for the
building owner Robert Watson. A letter of violation was sent to the owner.
(copy attached). This department will continue to follow-up on this property.
73-75 Allen St.: This property was inspected on November 1, 1994. Multiple
Dwellings has an active file on this property and is presently working with the
owner to achieve compliance. There are no outstanding court cases pending.
There is an active building permit. There are minor violations all of which
are being addressed.
1853 Clinton St.: This property was inspected on November 1, 1994 and the
inspector found both the interior and exterior to be in substantial compliance.
There is no current court action pending. There is legal use for a tavern.
No outstanding building permits open. Inspector Kostrzewa was informed by the
tavern manager that the applicant Donald Krueter has rescinded his application.
232 Gibson St.: This property was inspected on November 1, 1994 and the
inspector found it to be in substantial compliance. A computer check was also
done with the following results: there are no outstanding letters of
violations, no outstanding building permits, and no court cases pending.
Please be advised as of this date Inspector Kostrzewa has been unable to
gain access to the Aud Club (140 Main St.) for an inspection. However,
Inspector Kevin Fitzgerald has approved the blue slip from the Division of
Licenses recently.
I trust this will satisfy your inquiry. If you have any questions please
feel free to contact me.
RECEIVED AND FILED.
No. 41
Conrail Property Maintenance and Security
Item No. 184, C.C.P. 11/1/94
In response to the above stated Common Council communication,
we would like to supply your office with the following information. Previous
experience has shown us that Conrail has not been the most cooperative landlord
in the City of Buffalo. I have been informed by my staff numerous notice of
violations, sent to Conrail throughout the years, have basically been ignored.
One of the most publicized properties, that has fallen into disrepair is the
Central Terminal. Although not currently owned by Conrail, their maintenance
of this property while under their control was not deserving of any awards. We
share the concerns of all persons when it comes to the safety concerning the
property owned by Conrail. Therefore in doing our part we are currently
assembling a systematic approach to inspect all Conrail property in the North
Council District. We will attempt to bring this property into compliance with
the Housing and Property Code of the City of Buffalo. Although we are
concerned with any criminal activity that may take place upon these premises,
we have no jurisdiction. If further clarification is necessary, please contact
the Division of Housing and Property Inspections. It is my sincere hope that
this response satisfies your inquiry.
RECEIVED AND FILED.
No. 42
Report of Emergency Demolition Bids
For Various Locations Within the City
Due to the very serious and hazardous condition of the buildings
located at the below-stated properties, inspections were conducted by this
department and it was determined that immediate demolition was necessary due to
(1) the structural condition of the buildings and/or (2) the resulting
dangerous and hazardous condition which exists at these locations i.e., in
accordance with guidelines outlined in Chapter 113 of the Ordinances of the
City of Buffalo. Please be advised, therefore, that offers to demolish were
solicited on November 7, 1994 and that the contracts will be awarded to the
following lowest responsible bidders:
ADDRESS/OWNER CONTRACTOR/AMOUNT OF BID
AGGREGATE BID
29 B Street
Otis Chase Peter DelMonte Demolition
117 Pine Ridge Road $5,800.00
Cheektowaga, New York
31 B Street Peter DelMonte Demolition
James Scott $5,800.00
44 Highland Avenue
Brocton, New York
30 Beech Street Peter DelMonte Demolition
Mary Williams $8,800.00
30 Beech Street
Buffalo, New York $20,400.00 TOTAL BID
Please be further advised that the sewer and water services will be
terminated by the demolition contractor and this cost is included in the cost
of the project.
We, therefore, respectfully request that upon approval by your Honorable
Body that the cost of the project be charged to the Special Assessment Fund
#500-000-002-00000, and that said cost shall be collected against the owner or
person in possession benefitted, under the provision of Chapter 113 of the
Ordinances.
Mr. Pitts moved:
That the communication from the Department of Inspections and Community
Revitalization, dated November 15, 1994 be, received and filed; and
That the award by the Commissioner of Inspections and Community
Revitalization of emergency demolition contracts to Peter DelMonte Demolition
at a cost of $5,800.00, relating to 29 B Street, at a cost of $5,800.00
relating to 31 B Street, at a cost of $8,800.00, relating to 30 Beech Street
for a total bid of $20,400.00 are hereby confirmed, ratified and approved, with
said cost to be charged against Special Assessment Fund 500-000-002-00000, and
that said cost shall be collected against the owner or person in possession of
the premises and/or shall be assessed against the property benefitted, in
accordance with Chapter II 3 of the Ordinances of the City of Buffalo.
PASSED.
AYES- 11 NOES- 0.
No. 43
Report of Emergency Demolition Bid
for 1537 and 1539 Fillmore Avenue
Due to the very serious and hazardous condition of the fire-damaged
buildings located at the above-stated addresses, Fire Commissioner Cornelius J.
Keane requested that our department bid this property for immediate emergency
demolition. Inspections were also conducted by this department and it was
determined that immediate action was necessary due to (1) the structural
condition of the building and/or (2) the resulting dangerous and hazardous
condition which exists at this location, i.e., in accordance with guidelines
outlined in Chapter 113 of the ordinances of the City of Buffalo. Please be
advised, therefore, that offers to demolish were solicited on November 13, 1994
and that the contract will be awarded to the lowest responsible bidder:
ADDRESS/OWNER CONTRACTOR/AMOUNT OF BID
1537 Fillmore Avenue Aggregate Bid
Buffalo Properties, Inc.
1401 Broadway Cedar Wrecking & Salvage
Buffalo, New York $ 9,250.00
1539 Fillmore Avenue
Buffalo Properties, Inc.
1401 Broadway Cedar Wrecking & Salvage
Buffalo, New York $ 9, 250.00
18,500.00 Total Bid
Please be further advised that the sewer and water cutoffs will be
performed by the demolition contractor, and this cost is included in the cost
of the project.
We, therefore, respectfully request that upon approval by your Honorable
Body that the cost of the project be charged to the Special Assessment Fund
#500-000-002-00000, and that said cost shall be collected against the owner or
person in possession benefitted, under the provision of Chapter 113 of the
ordinances.
Mr. Pitts moved:
That the communication from the Department of Inspections and Community
Revitalization, dated November 15, 1994 be, received and filed; and
That the award by the Commissioner of Inspections and Community
Revitalization of emergency demolition contracts to Cedar Wrecking & Salvage at
a cost of $9,250.00, relating to 1537 Fillmore Avenue, at a cost of $9,250.00
relating to 1539 Fillmore Avenue, for a total bid of $18,500.00 are hereby
confirmed, ratified and approved, with said cost to be charged against Special
Assessment Fund 500-000-002-00000, and that said cost shall be collected
against the owner or person in possession of the premises and/or shall be
assessed against the property benefitted, in accordance with Chapter 113 of the
Ordinances of the City of Buffalo.
PASSED.
AYES- 11 NOES- 0.
No. 44
Report of Emergency Demolition Bid - 458 Spring Street
Due to the very serious and hazardous condition of the fire-damaged
building located at the above-stated address, Fire Commissioner Cornelius J.
Keane requested that our department bid this property for immediate emergency
demolition. Inspections were also conducted by this department and it was
determined that immediate action was necessary due to (1) the structural
condition of the building and/or (2) the resulting dangerous and hazardous
condition which exists at this location, i.e., in accordance with guidelines
outlined in Chapter 113 of the Ordinances of the City of Buffalo. Please be
advised, therefore, that offers to demolish were solicited on November 14, 1994
and that the contract will be awarded to the lowest responsible bidder:
ADDRESS/OWNER CONTRACTOR/AMOUNT OF BID
458 Spring Street Eastwood Industries, Inc.
Wallace Wellington $8,777.00
12 Acme Crescent
Etobicoke, Ontario Canada
Please be further advised that the sewer and water services will be
terminated by the demolition contractor and this cost is included in the cost
of the project.
We, therefore, respectfully request that upon approval by your Honorable
Body that the cost of the project be charged to the Special Assessment Fund
#500-000-002-00000, and that said cost shall be collected against the owner or
person in possession benefitted, under the provision of Chapter 113 of the
Ordinances.
Mr. Pitts moved:
That the communication from the Department of Inspections and Community
Revitalization, dated November 16, 1994 be, received and filed; and
That the award by the Commissioner of Inspections and Community
Revitalization of an emergency demolition contract to Eastwood Industries, Inc.
at a cost of $8,777.00, relating to 458 Spring Street, is hereby confirmed,
ratified and approved, with said cost to be charged against Special Assessment
Fund 500-000-002-00000, and that said cost shall be collected against the owner
or person in possession of the premises and/or shall be assessed against the
property benefitted, in accordance with Chapter 113 of the Ordinances of the
City of Buffalo.
PASSED.
AYES- 11 NOES- 0.
No. 45
Report of Emergency Demolition Bids
For Various Locations within the City
Due to the very serious and hazardous condition of the buildings
located at the below-stated properties, inspections were conducted by this
department and it was determined that immediate demolition was necessary due to
(1) the structural condition of the buildings and/or (2) the resulting
dangerous and hazardous condition which exists at these locations, i.e., in
accordance with guidelines outlined in Chapter 113 of the Ordinances of the
City of Buffalo. Please be advised, therefore, that offers to demolish were
solicited on November 15, 1994 and that the contracts will be awarded to the
following lowest responsible bidders:
ADDRESS/OWNER CONTRACTOR/AMOUNT OF BID
AGGREGATE BID
175 Tenth Street J. Martin
Angel & Sylvia Rivera $ 9,195.00
175 Tenth St., Bflo., NY
170 Whitney Place J. Martin
Jennie LaScala $ 7,950.00
13199 Schutt Rd., Chaffee, NY
17 Penfield Street J. Martin
Shirley Rios $ 7,250.00
1004 West Ave., Bflo., NY
169 Breckenridge J. Martin
Ann Rose Cassidy $ 8,200.00
c/o Kathleen Cassidy $32,595.00 TOTAL BID
104 York St., Bflo., NY
Please be further advised that the sewer and water services will be
terminated by the demolition contractor and this cost is included in the cost
of the project.
We, therefore, respectfully request that upon approval by your Honorable
Body that the cost of the project be charged to the Special Assessment Fund
#500-000-002-00000, and that said cost shall be collected against the owner or
person in possession benefitted, under the provision of Chapter 113 of the
Ordinances.
Mr. Pitts moved:
That the communication from the Department of Inspections and Community
Revitalization, dated November 17, 1994 be, received and filed; and
That the award by the Commissioner of Inspections and Community
Revitalization of emergency demolition contracts to J. Martin at a cost of
$9,195.00, relating to 175 Tenth Street, at a cost of $7,950.00 relating to 170
Whitney Place, at a cost of $7,250.00, relating to 17 Penfield Street, at a
cost of $8,200.00, relating to 169 Breckenridge for a total bid of $32,595.00
are hereby confirmed, ratified and approved, with said cost to be charged
against Special Assessment Fund 500-000-002700000, and that said cost shall be
collected against the owner or person in possession of the premises and/or
shall be assessed against the property benefitted, in accordance with Chapter
113 of the Ordinances of the City of Buffalo.
PASSED.
AYES- 11 NOES- 0.
No. 46
Report of Additional Demolition
Costs for 1605 Genesee Street
CCP Item No. 83, 9/16/94
The demolition bid for the property known as 1605 Genesee Street
should include an additional cost of $3,500.00 with a total cost of $15,788.00.
The additional amount is for demolition of an unforeseen structure hidden at
the rear of the property that was unable to be identified during the first
survey/plot plan.
The additional amount requested we feel is more than reasonable, and
perhaps was even underbid.
Neither our inspectors nor the numerous contractors bidding on the
demolition of this property were aware of the additional work and subsequent
demolition costs involved with this property.
We, therefore, respectfully report to your Honorable Body that the
additional costs of this project be charged to our department's Capital Outlay
Account #100-241-085-00-900.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 47
Transfer of Property
Urban Homestead Program
The Department of Inspections and community Revitalization in
an effort to expand the number of housing units available to low income
families in the City of Buffalo through the Home Homestead Program is
requesting the transfer of 41-45 Edna, 178 Mulberry, 550 East North and 30
Cottage from the City of Buffalo to sponsors mentioned below.
The Department of Inspections and Community Revitalization along with
several community based non-profit sponsors have identified the following
Properties for transfer from the City of Buffalo to said sponsors:
41-45 Edna Place 78 Restoration, Inc.
178 Mulberry Street Ellicott District Development Corp.
550 East North Ellicott District Development Corp.
30 Cottage Street Lower Westside Resources and
Development Corp.
I therefore recommend that Your Honorable Body approve said transfer of
Properties and that said transfers are contingent upon the sale of these
properties to low income purchasers within twenty-four (24) months of the date
of transfer of property.
Mr. Pitts moved:
That the communication from the Department of Inspections and Community
Revitalization, dated November 22, 1994, be received and filed; and
That the City-owned property commonly known as is hereby designated as
Homestead Property, and that the Mayor be, and he hereby is, authorized to
execute a deed transferring 41-45 Edna Place to 78 Restoration; 178 Mulberry
Street and 550 East North Street to Ellicott District Development Corp.; 30
Cottage Street to Lower Westside Resources and Development Corp., contingent
upon the sale of these properties to low income purchasers within twenty-four
(24) months of the date of transfer of the property.
PASSED.
AYES- 11 NOES- 0.
FROM THE COMMISSIONER OF ADMINISTRATION AND FINANCE
No. 48
S. Green - Forgive Taxes
37 Devereaux
No.105 C.C.P. November 16, 1994.
This is in response to your referral of the item referenced above.
The Department of Administration and Finance, as a general principle,
does not support the forgiveness of taxes and/or interest. This position
notwithstanding, there appears, in this particular instance, extenuating
circumstances that may warrant the forgiveness of accumulated interest, if it
is possible from a legal standpoint. I recommend that your honorable body
refer this item to the Corporation Counsel to determine whether this interest
can be legally forgiven or whether such forgiveness would constitute an illegal
gift of public funds.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 49
Req. Ord. Fees for C of O
No.212 C.C.P. November 16, 1994.
This is in response to your referral of the item referenced above.
The Department of Administration and Finance does not favor the proposal
advanced in the above referenced resolution. The fee structure as it currently
exists enables the city to cover the cost of inspections, nothing more. We
simply can not afford to inspect 13 or more dwelling units for $100.00. Perhaps
some cap could be applied to the fee structure so that large multiple dwellings
such as Baptist Manor could realize some savings, but the cap must be set
considerably above the $100.00 level. It must be emphasized that the city's
fees must recover the costs of doing business; the only other alternative is to
add to the property tax burden.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 50
Mutual Aid Rendered to Lackawanna
No. 50 C.C.P. November 15, 1994.
This is in response to your referral of the item referenced above.
The Department of Administration and Finance supports mutual aid
agreements with all contiguous jurisdictions and concurs with Commissioner
Keane's suggestion that written agreements should be drafted and signed with
these jurisdictions. My office is pleased to lend whatever assistance it can
in the development of such agreements. I would recommend that some
consideration be given to a provision that would allow for payment to any
jurisdiction that provides say three or more unrequited acts of assistance in
any given year.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 51
E. Ferry site for Police Pct.
No.209 C.C.P. November 15, 1994.
This is in response to your referral of the item referenced above.
The Department of Administration and Finance supports the creative reuse
of the former General Electric building site and to this end the city has
invested substantial funds in this site; the building is currently undergoing
demolition. A number of proposals have been considered for this property
including a strip plaza, housing and an incubator facility but, at this time,
environmental concerns at the site have precluded the city from moving forward.
I would suggest that this item be referred to the Departments of Community
Development and Inspections and Community Revitalization for a reply on the
environmental issues and on the compatibility of a police precinct with the
various proposed reuses. I would also suggest that this item be referred to
the Police Department for a reply to determine whether a precinct at this site
is compatible with Police reorganization plans.
REFERRED TO THE POLICE REORGANIZATION TASK FORCE.
No. 52
Certificate of Appointment
Appointment effective November 28, 1994 in the Department of
Administration
and Finance Division of Parking Enforcement, Patricia Halligan, 132 Cumberland
Avenue, Buffalo, 14220, to the Position of Data Control Clerk, Permanent, at
the Intermediate Starting Salary of $23,682.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
FROM THE COMMISSIONER OF HUMAN RESOURCES
No. 53
Certificate of Appointment
Appointment effective November 15, 1994 in the Department of
Human Resources Division of Substance Abuse, Joseph M. Mazza, 238 Albany
Street, Buffalo 14213 to the Position of Deputy Director, Provisional, at the
Maximum Starting Salary of $ 44,218.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE AND NEW YORK STATE DEPARTMENT OF
SUBSTANCE ABUSE.
FROM THE COMMISSIONER OF GENERAL SERVICES
No. 54
L. Grasso - Offer Purchase Copier
Item# 103, C.C.P., 11/15/94
The Department of General Services recommends the above captioned
copier be placed in a general City auction to be held in the Spring of 1995.
Placing the copier in auction will allow for a potential greater revenue on the
disposition of such copier,
RECEIVED AND FILED.
FROM THE CIVIL SERVICE COMMISSION
No. 55
Residency Waivers
Exempt/Unclassified
Com. 82, C.C.P. June 28, 1994
In response to your inquiry concerning the above subject matter,
please be advised that Marilyn J. Smith, Director of Treasury, has advised this
office that effective July 1, 1994, she established city residence at 700 West
Ferry Street, Apt. #1-B, Buffalo, NY 14222.
I trust this answers your inquiry.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
No. 56
J. Thomas - Req. reinstatement to Fire Dept.
Item #113 C.C.P. 11/15/94
In response to the above subject matter, please be advised that
in accordance with the provisions of Rule 2 5, Reinstatements, of the Rules for
the Classified Civil Service of the City of Buffalo:
"any person who resigns from a position in the competitive class of Civil
Service, having served continuously for not less than one year in such position
preceding this resignation, may, with the approval of the Commission and within
one year from the date of such resignation, be reinstated..."
A review of our records indicates that Mr. James Thomas, Jr. resigned on
October 27, 1990. Therefore, he is not eligible for reinstatement to the
position of Firefighter.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
FROM THE CITY CLERK
No. 57
Notice of Hearing
Rename a Portion of Seventh Street (from Porter to Connecticut) as "Columbus
Parkway"
(Item No. 220, C.C.P., November 15, 1994)
I hereby inform you that a public hearing has been scheduled to
be held before the Common Council at its Regular Meeting this day, at 2:00 P.M.
in the Council Chamber. The notice of said hearing was published in the
Buffalo News on Friday, November 18, and Wednesday, November 23, 1994, and
copies of these publications are attached hereto.
RECEIVED AND FILED.
No. 58
Take From the Table
Rename Portion of Seventh Street (from Porter to Connecticut) as "Columbus
Parkway"
Item No. 220, C.C.P., November 15, 1994)
Mr. Pitts moved that the above item, the subject of a hearing
scheduled for this day before the Common Council, is hereby taken from the
table, and is now before the Common Council for its consideration.
Seconded by Mrs. LoTempio.
ADOPTED.
No. 59
Hearing
Rename a Portion of Seventh Street (from Porter to Connecticut) as "Columbus
Parkway
Item No. 220, C.C.P., November 15, 1994)
Mr. Pitts moved that the above item is properly before the Common
Council and the hearing be opened.
CARRIED.
Appearances In Favor - Carl Perla
Mr. Pitts moved that the hearing be closed.
CARRIED.
Mr. Pitts moved that, after the required public hearing held by this
Common Council, the name of a portion of Seventh Street from Porter to
Connecticut, be changed to "Columbus Parkway", and the City Clerk be and hereby
is directed to notify, by certified copy, the proper authorities as required by
Section 286-5 of the Code of the City of Buffalo.
Seconded by Mr. Coppola.
PASSED.
AYES- 11 NOES- 0.
No. 60
Oppose Consolidation of Vital Statistics Divisions
The League of Women Voters have put a proposal before the County
Legislature to consolidate the 44 offices of Vital Statistics throughout Erie
County into one registration district.
As Registrar of Vital Statistics for the City of Buffalo, I would have to
be opposed to this proposal as it is presented for a number of reasons:
1) The City of Buffalo could lose a potential $400,000 per year in revenue.
2) Although the League has used Monroe County as an example, they have not
conducted an in depth study on how the consolidation took place. Keep in mind
Monroe County is rural and a centralized system works for them as a lot of the
town clerks work from home or share offices.
3) 75% of all birth and 53% of all death records are now housed In City
Hall. It would be senseless to move them.
4) Many undertakers are not In favor of the proposal as originally reported.
5) With proper funding, the City of Buffalo in the next 12 months can have
60 years of birth records computerized. Presently, we have 31 years on line.
Retrieval time manually is a minimum of 15 minutes-, electronically, it will be
2 minutes.
6) Plans are being prepared to begin computerizing death records In which we
will go back approximately 5 years and move forward from there.
7) With any countywide consolidation, the City and surrounding areas would
not only lose revenue, but would also have to contribute funding for this
project.
I have attached for your review an information article which details
statistics which shows Buffalo in relation to the rest of the county. In
addition, for your information, Buffalo has already merged records with the
Buffalo Stale Hospital. We now have records from the facility from 1914 to the
present date.
Mr. Pitts moved:
That the communication from the City Clerk, dated November 15, 1994 be,
received and filed; and
That this Common Council and the City Clerk are opposed to The League of
Women Voters proposal before the County Legislature to consolidate 44 Offices
of Vital Statistics throughout Erie County into one registration district for
the reasons listed in the above communication.
ADOPTED.
No. 61
Staff for Administrative-Adjudication Pilot Program
The Administrative Adjudication Task Force has been meeting regularly
to review the feasibility of an Administrative Adjudication program for Buffalo
by comparing peer city programs, developing legislation and projecting benefits
for such a program, and ultimately to work toward establishing an Office of
Administrative Adjudication in the City of Buffalo. The Task Force has
determined that it is in the best interests of the city to develop a Pilot
Program for Administrative Adjudication in order to begin reaping the many
benefits that this program will provide and has therefore recommended
establishing this Pilot Program.
In order to accomplish this goal, it is necessary to assign Joseph
Bongiovanni from Council Staff to coordinate the development of this Pilot
Program. The Masiello Administration is providing office space, computer
equipment, and clerical and technical assistance to ensure the success of this
project. Joe Bongiovanni has demonstrated his commitment throughout the
development of this idea and will continue to do so as our representative in
this Pilot Program.
Mr. Pitts moved:
That the communication from Councilmember-at-Large Rosemarie LoTempio,
dated November 23, 1994 be, received and filed; and
That this Common Council assign Joseph Bongiovanni from Council staff to
coordinate the development and establishment of an Office of Administrative
Adjudication in the City of Buffalo.
ADOPTED.
No. 62
Liquor License Applications
Attached hereto are communications from persons applying for liquor
licenses from the Erie County Alcohol Beverage Control Board.
Address Business Name Owner's Name
1194 Lovejoy Ave. Michael A. Palmieri
257 East Ave. Ziggy's Hide-A-Way Ltd.
REFERRED TO THE COMMITTEE ON FINANCE, THE COMMISSIONER OF ASSESSMENT, THE
COMMISSIONER OF PUBLIC WORKS, AND THE COMMISSIONER OF INSPECTIONS AND COMMUNITY
REVITALIZATION.
No. 63
Leaves of Absence Without Pay
I transmit herewith notifications received by me, reporting the
granting of the leaves of absence without pay, in the various departments as
listed:
Comptroller- Margaret Quinn
Public Works- Janine A. Daniel
Police- Kathleen DiSarno, Scott Hayden
Street Sanitation- James Darner
RECEIVED AND FILED.
No. 64
Reports of Attendance
I transmit herewith communications received by me, from the various
boards, commissions, agencies and authorities reporting the membership
attendance at their respective meetings;
Records Management Board
Board of Stadium and Auditorium
City Planning Board
Youth Board
RECEIVED AND FILED.
No. 65
Notices of Appointments - Council Interns
I transmit herewith Appointments to the position of Council Intern.
Mr. Pitts moved the approval of the Appointments to the position of
Council Intern.
ADOPTED.
Appointment effective November 18, 1994, in the Department of Common
Council, Thomas J. Hryvniak, 371 Peckham St., Buffalo, NY 14206, to the
Position of Intern III, Seasonal, at the Flat Starting Salary of $5.00 hr.
No. 66
Appointments-Mayor's Youth Opportunity & Employment
I transmit herewith appointments made in the Mayors Youth Opportunities
and Employments Programs.
RECEIVED AND FILED.
Appointment effective November 21, 1994, in the Department of Mayor's
Office Division of Youth Opportunity and Internship programs to the Position
of Intern II, seasonal, at the Flat Starting Salary of $4.25 hr.
Michael P. Blake, 77 Spaulding Street, Buffalo, New York 14220
Maurice Howie, 522 Swan Street, Buffalo, New York 14204
William V. Mendola, 23 Benzinger St, Buffalo, New York 14206
Shawn D Pieczynski, 29 Krakow St, Buffalo, New York 14206
Christopher Zdonczyk, 23 Koons Ave, Buffalo, New York 14212
Appointment effective Nov. 22, 1994 in the Department of Mayor's Office
Division of Youth Opportunity and Internship Programs, to the Position of
Intern II, seasonal, at the Flat Starting Salary of $4.25 hr.
Adel Hussien Shaibi, 49 Hawley St., Bflo., NY 14213
Melvin Jackson, 207 Whitfield St., Bflo, NY 14220
No. 67
Notices of Appointments - Seasonal/Flat
I transmit herewith certificates received by me, reporting seasonal
and flat salary appointments made in various departments.
RECEIVED AND FILED.
DEPARTMENT OF STADIUM & AUDITORIUM
Appointment effective November 14, 1994 in the Department of Stadium
& Auditorium, Division of Memorial Auditorium, to the Position of Sr. First
Class Stat. Engineer, Temporary, at the flat Starting Salary of $7.33 hr.
Michael J. Fisher, 84 Grace, Buffalo, 14207
Jeffrey Moffett, 60 Tuscarora Rd., Buffalo, 14220
Paul Rybak, 377 Cumberland Ave., Buffalo, 14220
DEPARTMENT OF AUDIT & CONTROL
Appointment effective November 16, 1994 in the Department of Audit
& Control Division of Real Estate, Anthony Haeick, 151 W. Delavan, Buffalo, New
York 14213, to the Position of Laborer I, Seasonal, at the Flat Starting Salary
of $6.22 hr.
DEPARTMENT OF PUBLIC WORKS
Appointment effective November 14, 1994 in the Department of Public
Works, Division of Water, Kathleen Wachowicz, 81 Barnard Street, Buffalo, 14206
to the Position of Account Clerk, Temporary, at the Flat Starting Salary of
$5.46 hr.
Appointment effective November 17, 1994 in the Department of Public Works
Division of Buildings, to the Position of Second Class Stationary Engineer,
Temporary, at the Flat Starting Salary of $ 5.63 hr.
Timothy J. Leary, 67 Dundee Street, Buffalo 14220
Keith Rathbun, 239 Cumberland Avenue, Buffalo 14220
Dennis A. Smith Jr., 53 Erb Street, Buffalo 14215
Daniel J. Summers, 33 Buffum Street, Buffalo 14210
Edward J. Summers Jr., 33 Buffum Street, Buffalo 14210
Appointment effective November 18, 1994 in the Department of Public Works
Division of Buildings, to the Position of Second Class Stationary Engineer,
Temporary, at the Flat Starting Salary of $ 5.63 hr.
William J. Collins Jr, 343 Newburgh Avenue, Buffalo 14215
Michael C. Coniglio, 138 Folger Street, Buffalo 14220
Appointment effective November 21, 1994 in the Department of Public Works
Division of Buildings, to the Position of Second Class Stationary Engineer,
Temporary, at the Flat Starting Salary of $5.63 hr.
James T. Conrad, 128 Harding Road, Buffalo 14220
Patrick J. Lynch, 77 Milford Street, Buffalo 14220
Appointment effective November 14, 1994 in the Department of Public Works
Division of Water, to the Position of Water Service Worker, Seasonal, at the
Flat Starting Salary of $6.26 hr.
Scott Cannon, 82 Liddell Street, Buffalo, 14212
Scott M. Dargavel, 58 Brost Drive, Buffalo, 14220
David C. Morey, 8 Taunton Place, Buffalo, 14216
Perry Sullivan, 416 Ashland Avenue, Buffalo, 14213
Appointment effective November 21, 1994 in the Department of Public
Works, Division of water, to the Position of Water Service Worker, Seasonal, at
the Flat Starting Salary of $6.26/Hour
Shannon Long, 134 Ramsdell Ave., Bflo. 14216
George O'Donnell, 232 Geary St., Bflo. 14210
Appointment effective November 22, 1994 in the Department of Public
Works, Division of Water, Joseph P. Sammarco, 123 Frontenac, Buffalo, 14216, to
the Position of Water Service Worker, Seasonal, at the Flat Starting Salary of
$6.26/Hour
Appointment effective November 10, 1994 in the Department of Public
Works, Division of Buildings, to the Position of Sr. First Class Stationary
Engineer, Temporary, at the Flat Starting Salary of $7.33 hr.
Richard J. Isch, 288 Marilla Street, Buffalo 14220
Robert J. Stevens, 196 Geary Street, Buffalo 14210
Appointment effective November 17, 1994 in the Department of Public
Works, Division of Buildings, to the Position of Sr. 1st Class Stationary
Engineer Temporary, at the Flat Starting Salary of $7.33 hr.
James L. Moscato, 115 Imson Street, Buffalo 14210
Brian P. Shea, 387 Okell Street, Buffalo 14220
Peter A. Tabone, 32 Tacoma Avenue, Buffalo 14216
Joseph A. Trillizio, 3 Condon Place, Buffalo 14207
Appointment effective November 18, 1994 in the Department of Public
Works, Division of Buildings, Timothy D. Devany, 79 Marine Drive Apt. 8B,
Buffalo 14202 to the Position of Sr. 1st Class Stationary Engineer, Temporary,
at the Flat Starting Salary of $7.33 hr.
Appointment effective November 21, 1994 in the Department of Public
Works, Division of Buildings, John M. Meegan, 137 Eden Street, Buffalo 14220,
to the Position of Sr. First Class Stationary Engineer, Temporary, at the Flat
Starting Salary of $7.33 hr.
Appointment effective November 23, 1994 in the Department of Public
Works, Division of Buildings, to the Position of Sr. First Class Stationary
Engineer, Temporary, at the Flat Starting Salary of $7.33 hr.
Dennis P. Hayes, 451 Southside Parkway, Buffalo 14210
Charles A. Kulp, 1015 Abbott Road, Buffalo 14220
Norbert S. Prus Jr., 46 Young Avenue, Buffalo 14212
DEPARTMENT OF PARKS
Appointment effective November 14,1994 in the Department of Parks,
Division of Recreation, Anthony Cappello, 108 Congress, Buffalo 14213 to the
Position of Fee Collector, Seasonal, at the Flat Starting Salary of $4.94 hr.
Appointment effective November 16, 1994 in the Department of Parks,
Division of Recreation, Jessica Sadoff, 655 West Delavan Avenue, Buffalo 14222,
to the Position of Fee Collector, Seasonal, at the Flat Starting Salary of
$4.94 hr.
Appointment effective November 15,1994 in the Department of Parks,
Division of Recreation, Wayne Becker, 50 Mayer, Buffalo 14207 to the Position
of Refrigeration Plant Engineer, Seasonal, at the Flat Starting Salary of $6.91
hr.
DEPARTMENT OF ADMINISTRATION & FINANCE
Appointment effective November 17, 1994 in the Department of
Administration
and Finance Division of Parking Enforcement, Theresa F. Szymanski, 12 Euclid
Place, Buffalo 14210 to the Position of Clerk, Seasonal, at the Flat Starting
Salary of $5.20 hr.
Appointment effective November 15, 1994 in the Department of
Administration and Finance, Division of Parking Enforcement, Michael Falzone,
10 Hertel Avenue, Buffalo 14207 to the Position of Parking Enforcement officer,
Temporary, at the Flat Starting Salary of $ 6.22 hr.
Appointment effective November 21, 1994 in the Department of
Administration and Finance Division of Parking Enforcement, Charles J.
McGregor, 284 Hastings Avenue, Buffalo 14215, to the Position of Parking
Enforcement Officer, Temporary, at the Flat Starting Salary of $ 6.22 hr.
Appointment effective November 28, 1994 in the Department of
Administration and Finance Division of Parking Enforcement, Donald C. Cordova,
6 Auchinvole Street, Buffalo 14213 to the Position of Parking Enforcement
officer, Temporary, at the Flat Starting Salary of $6.22 hr.
No. 68
Appointments - Temporary, Provisional or Permanent
I transmit herewith Appointments In the various departments made
at the minimum (Temporary, Provisional or Permanent) and for Appointments at
the Maximum (as per contract requirements) ,
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
DEPARTMENT OF POLICE
Appointment effective November 14, 1994 in the Department of Police
to the Position of Civilian School Crossing Guard, Temporary, at the Minimum
Starting Salary of $5.71 hr.
Lois Collins, 296 Mulberry Street, Buffalo 14204
Althea Goree, 2 Echols, Buffalo 14204
April Nicastro, 252 Massachusetts, Buffalo 14213
Appointment Effective November 15, 1994 in the Department of Police to
the Position of Civilian School Crossing Guard (TSAR), Temporary, at the
minimum Starting Salary of $5.71 hr.
Jolaine Savaree, 619 Lafayette Avenue, Buffalo 14222
Theresa Sniadecki, 385 Newburgh Avenue, Buffalo 14215
Appointment effective November 18, 1994 in the Department of Police
Esther Kregg, 529 Wyoming, Buffalo 14215, to the Position of Civilian School
Crossing Guard (TSAR), Temporary, at the minimum Starting Salary of $5.71 hr.
Appointment effective November 21, 1994 in the Department of Police to
the Position of Report Technician, Contingent Permanent, at the minimum
Starting Salary of $21,126.
Elizabeth A Mann, 67 Strathmore Avenue, Buffalo 14220
Jill M Parisi, 178 Ridgewood Road, Buffalo 14220
DEPARTMENT OF PUBLIC WORKS
Appointment Effective November 21, 1994 the Department of Public
Works Division of Water, Charles E. Marshall, 104 Northampton Street, Buffalo,
14209 to the Position of Meter Reader, Permanent, at the Minimum Starting
Salary of $21,706.
NON-OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES
NON-OFFICIAL COMMUNICATIONS
No. 69
E. CHWALINSKI
Offer To Purchase Typewriter
I would like to purchase my old Facit typewriter which has been
deemed obsolete and beyond repair by the Records Management Division. I would
like to place a bid of $10.00 for the typewriter. Thank you for taking this
matter into consideration.
Mr. Pitts moved:
That the communication from Ervin A. Chwalinski, dated November 22, 1994
be, received and filed; and
That the Commissioner of General Services be, and he hereby is authorized
to accept a bid from Ervin A. Chwalinski in the amount of $10.00 for a Facit
typewriter.
PASSED.
AYES- 11 NOES- 0.
No. 70
ELLICOTT MALL PARTNERSHIP
Status Property Manager Residing on Premises
We have been notified by the Dept. of Inspections that we may
be in violation of Ordinance 281.7 of the City Code, which requires that the
property manager or other responsible party reside in, or within 1000 feet of a
dwelling with 15 or more units. (see attached)
Due to the income limits imposed by the federal low income housing tax
credits, as well as the terms of the settlement agreement with Comer vs. Kemp,
we are not able to "set aside" an apartment for this purpose. Therefore, we
would ask you to submit to the Common Council a SUSPENSION OF ORDINANCE
request.
Please be advised that Mr. Steve Hockenbury, our Property manager will be
on-site Monday to Friday from 9am 5pm . Mr. Hockenbury is an employee of
National Housing Partnership, the management company required by OCWEN, the tax
credit investor. A Maintenance Person and Janitor have also been hired.
Although the Maintenance Person will be on site during regular business hours
only, he will be provided with a pager and on call 24 hours a day for any
maintenance problems that may arise.
Arrangements have been made with Simplex Time Reporter to monitor both
the fire and security systems. If an alarm sounds, the Simplex monitoring
system will immediately notify the Maintenance Person, the fire and/or police
departments. If Mr. Pyszczynski cannot be reached, Mr. Hockenbury will be
called.
We feel confident that all measures have been taken to secure the safety
of both the tenants and the building. All efforts have been made to ensure
that the appropriate mechanisms are in place to deal with any emergency
situation. As always, we appreciate your assistance, and look forward to a
positive resolution of this matter.
REFERRED TO THE COMMITTEE LEGISLATION, THE COMMISSIONER OF INSPECTIONS AND
COMMUNITY REVITALIZATION AND THE CORPORATION COUNSEL.
No. 71
ERIE COUNTY LEGISLATURE
Relocation of Mercy Flight
The attached resolution adopted by the County Legislature explains
their position and seeks the cooperation of the City of Buffalo In the
relocation plane of Mercy Flight,
RECEIVED AND FILED.
No. 72
HAMLIN PK. TAXPAYERS ASSN.
Oppose Expansion of College Peace Officer Jurisdiction
Here are some very good reasons for not having a college (public
or private) expand their peace officer jurisdiction beyond the college grounds.
1. The community has little or no ability to hold a college Public safety
Department accountable to the same degree the community can with a city police
department.
2. The Primary goal of college is to protect the college and its people
first, not the external community.
3. Policing community external to college grounds requires very different
form and style of operational strategies which Peace officers have not been
trained to perform, nor can the college public safety organization absorb those
additional service burdens.
4. Harassment of community residents, slow or no response to complaints.
5. The potential for harassment of community juveniles to maintain "juvenile
free zone around the college is very real.
6. Duplication of services that are already provided by B.P.D. police
district.
7. City does not need more than one police organization providing general
police service. Multiple police organization cause confusion over priority of
police response and leads to bickering between police organization and patrol
officers.
The result is a loss of services to the community.
8. Competition fosters lack of cooperation and coordination. Duplication of
costs related to duplication of services.
9. Duplication of costs related to duplication of services.
10. Duplication of services fosters organizational competitiveness between
college and police department.
Evidence of past practice with Canisius College personal and Public
safety patrol indicates that Private own Public Safety and or Peace officers in
the Hamlin Park community will not serve as a betterment for the community as a
whole.
Added note: Canisius refused to insert their logo to indicate support of
mutual cooperation (see attached sheet).
In conclusion the Safety Committee rejects Canisius College proposal to
have Peace Officers in the Hamlin Park community.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE COMMISSIONER OF POLICE AND THE
CORPORATION COUNSEL.
No. 73
TRACY KIMMICH
Compromise Water Bill- 1554 Seneca St.
I represent the Estate of Roy P. Kimmich, Jr. which owned property
at 1554 Seneca Street, Buffalo, N.Y. when he died as a result of an auto
accident on or about February 24, 1994. His daughter, Tracy Kimmich, one of
the Executrices of the Estate, 36 Birch Street, Buffalo received a water bill
from the City of Buffalo which now exceeds $9,000.00.
Enclosed find copies of:
My letter of 9/2/94 to Mr. Rehack
My letter of 9/26/94 to Mr. Rehack
Copy of Water bill.
When Tracy Kimmich called at the Water Dept. Office, last week, she was
informed that Mr. Rehack was on vacation. We have been informed that the
property, which was occupied at various intervals as a repair garage, was
vacant most of the time during the past few years and most of the charges were
minimum charges because the property was not being used. At various times the
meter was removed so that there was no water consumption, at all.
As a matter of equity, we believe that the water bill should be settled
on a compromise basis.
The Estate would appreciate whatever you might be able to do to resolve
this matter.
Thank you for your anticipated courtesies.
REFERRED TO THE COMMITTEE ON FINANCE AND THE BUFFALO WATER AUTHORITY.
No. 74
LOCAL 282
Call-in July/August
Local 282 has long asserted that by laying off firefighters, the
Administration cost the City money. You will find concrete evidence of this on
the following pages. We have compiled a list of the laid off personnel and the
dates on which they returned to work. Following this, we have the numbers of
call ins made to cover shifts for the period of July 1 - August 16, 1994, the
date that FF Bryan Herring returned to work.
As you can see, on most of these days, call ins were made, which
indicates that rather than paying straight time to entry level employees, the
Administration paid time., and a half overtime pay to other employees. It
would have been much cheaper to fill the vacancies with the laid off
individuals. Over the course of six weeks, this adds up to a considerable
amount of unnecessary spending.
We still have one firefighter waiting to return to work. Local 282 is in
the process of compiling call in figures for the period beyond August 16. When
you receive them at a later date, you will see that even one firefighter laid
off is one too many.
REFERRED TO THE COMMITTEE ON FINANCE, THE COMMISSIONER OF FIRE AND THE
COMMISSIONER OF ADMINISTRATION AND FINANCE.
No. 75
LOCAL 282
Call-ins July to-Present
Enclosed please find a list of call-ins made by the Buffalo Fire
Department from July 1, 1994, the date layoffs occurred, until the present, in
accordance with your request.
I believe that the figures will prove my assertion that layoffs are
detrimental to the Buffalo Fire Department, and costly to the City.
Please contact me at 856-4130 if you have any questions.
REFERRED TO THE COMMITTEE ON FINANCE, THE COMMISSIONER OF FIRE AND THE
COMMISSIONER OF ADMINISTRATION AND FINANCE.
No. 76
NYS RETIREMENT SYSTEM
Drop Felons from System
Comptroller McCall has asked that I respond to your letter dated
November 3, 1994. In recent years the Retirement System has sponsored
legislation to deny retirement benefits to public employees who are convicted
of crimes relating to their public position. However, the State Legislature
has evidenced no interest in acting on these measures. You may wish to contact
your State Senate and Assembly representatives concerning this issue.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
No. 77
J. SUAREZ
Offer 912 Sycamore To City
I am requesting, through this letter, your approval of the conveyance
of 912 Sycamore Street to the City of Buffalo. Please read on for the reason
behind my request.
This office represents Ms. Jacqueline Suarez, the current owner of the
above referenced property. Our client is interested in having her home
rehabilitated by the American Shelter Organization with Hope III funds.
I have been advised by Mr. Dave Pawlik of the Division of Community
Revitalization and Mr. John Hannon of the Real Estate Division for the City of
Buffalo that in order for American Shelter to be able to secure funds to
improve the property, it must first be conveyed to the City of Buffalo and
subsequently to American Shelter. I was also advised that all liens must be
removed from the property. There are currently outstanding taxes due for 912
Sycamore Street. If the Common Council approves of this conveyance to the City
in order to make rehabilitation of the premises possible, my client will pay
the back taxes owed thereon so that the property will be lien free at the time
of closing.
It is our hope that the Council approves such conveyance as the property
is currently vacant and in a state of disrepair. My client is not in a
position to rehabilitate the house on her own. With rehabilitation through
American Shelter this property would become an asset to the community as
someone's home. Please consider my request and respond to the undersigned at
your earliest convenience.
REFERRED TO THE COMMITTEE ON FINANCE, THE COMMISSIONER OF ADMINISTRATION AND
FINANCE AND THE CORPORATION COUNSEL.
PETITIONS
No. 78
Len-Co Lumber, owner, petition to use 1374 Seneca St. for an illuminated bill
board.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD,
AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT.
No. 79
Salvation Army, Owner, Petition To Use 984 Main Street as a Homeless Shelter.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD,
AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT.
No. 80
Marine Midland Bank, Owner, Petition To Use 1726 Hertel Avenue For a Pole Sign.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD,
AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT.
REGULAR COMMITTEES
CIVIL SERVICE
HON. ROSEMARIE LOTEMPIO
CHAIRMAN
No. 81
Salary Ordinance Amendment
20 - Department of Police
1 - Police Administration
021 - Administration & Communication
(Item No. 217, C.C.P., Nov. 15, 1994)
That the Salary Ordinance Amendment as contained in Item No. 217,
C.C.P., November 15, 1994, be and the same hereby is approved.
PASSED.
AYES- 11 NOES- 0.
No. 82
Eligible Titles - Early Retirement Incentives (A&F)
(Item # 55 CCP September 20, 1994)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 83
Eligible Titles - Early Retirement Incentives (CSC)
(Item # 70 CCP November 1, 1994)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 84
Appointment
Recreation Instructor
That Communication No. 44 September 20, 1994 be received and filed
and the permanent appointment of Gary Tomporowski stated above at the
intermediate salary $23,368.00 effective on September 12, 1994 is hereby
approved.
PASSED.
AYES- 11 NOES- 0.
No. 85
Appointment of Fiscal Supervisor (Max) (HR) Eff. 3/24
(Item # 68 CCP October 18, 1994)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 86
Appointment
Senior First Class Stationary Engineer
That Communication No. 46 November 15, 1994 be received and filed
and the permanent appointment of John Scholl stated above at the maximum salary
$30,728.00 effective on October 31, 1994 is hereby approved.
PASSED.
AYES- 11 NOES- 0.
No. 87
Appointment
Building Inspector
That Communication No. 79 November 15, 1994 be received and filed
and the temporary appointment of Patrick McDonald stated above at the
intermediate salary $32,459.00 effective on October 31, 1994 is hereby
approved.
PASSED.
AYES- 11 NOES- 0.
No. 88
Appointment
Senior Management Analyst
That Communication No. 84 November 15, 1994 be received and filed
and the permanent appointment of Pamela Asarese stated above at the maximum
salary $42,896.00 effective on October 31, 1994 is hereby approved.
PASSED.
AYES- 11 NOES- 0.
No. 89
Notices of Appointments - Temp., etc.
(Item # 99 CCP November 15, 1994)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
FINANCE
HON. DAVID A. COLLINS
CHAIRMAN
No. 90
Report of Auction - 76 Riley
(Item No. 20, C.C.P., Nov. 15, 1994)
That the offer of Mr. Joseph Bain, 137 Goemble Street, in the
sum of $1,000.00 (One Thousand Dollars) to purchase the property described as
76 Riley, be and hereby is accepted; and
That the Corporation Counsel shall prepare the necessary documents for
the transfer of title and that the Mayor be authorized to execute the same, in
accordance with the terms of sale upon which the bid was submitted.
PASSED.
AYES- 11 NOES- 0.
No. 91
M. Shaw - Homestead Lots 83-85 Dupont
(Item # 92 CCP November 1, 1994)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 92
Homestead 83 Dupont (Compt)
(Item # 11 CCP November 15, 1994)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 93
Acceptance of Title 69 Wende Street
(Item No. 52, C.C.P., Nov. 15, 1994)
That the Comptroller be, and he hereby is authorized to accept
from the Federal Home Loan Mortgage Corporation the real property commonly
known as 69 Wende Street, Buffalo in consideration of the payment of One Dollar
($1.00), with the conditions as stated in the letter from John L. Bulger, Esq.
attached to the above stated communication.
PASSED.
AYES- 11 NOES- 0.
No. 94
Canisius College Request to Use
Portion of Delavan Armory
(Item No. 40, C.C.P., Nov. 1, 1994)
That the Commissioner of Public Works be, and he hereby is authorized
to grant the use of a corner of the existing garage at the Delavan Avenue
Armory to Canisius College and the State Office of General Services pending the
approval of the State of New York.
PASSED.
AYES- 11 NOES- 0.
No. 95
NYSOGS - Lease of Delavan Armory
(Item # 110 CCP November 15, 1994)
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
No. 96
Engage Engineer - Watermain - Buffalo River
(Item No. 30, Nov. 15, 1994)
That the Commissioner of Public Works be, and he hereby is authorized
to engage the services of a Consulting Engineer to prepare reports, plans and
specifications and to receive bids for a New Watermain along Buffalo River from
Spann Street to Pierce Street with interconnections to all streets, with said
cost to be charged to the Division of Water's 410980-022-00-573 account.
PASSED.
AYES- 11 NOES- 0.
No. 97
Change in Contract
Construction of New 8 Inch Watermain
(Item No. 38, C.C.P., November 15, 1994)
That the Commissioner of Public Works be, and he hereby is, authorized
to issue change order #1 to Visone Construction in the amount of $11,339.15 for
Waterline Replacement in Lovering Avenue, Delham Street and Virgil Avenue,
Contract No. 91743500, with said cost to be charged to the Division of Water's
416-Capital Project Fund, 980-066-00-000 account.
PASSED.
AYES- 11 NOES- 0
No. 98
Change Contract
Filtration Plant Improvements
(Item No. 39, C.C.P., Nov. 15, 1994)
That the Commissioner of Public Works be, and he hereby is, authorized
to issue change order #2 to John W. Danforth Company for a decrease in the
amount of $5,766.00 for Filtration Plant Improvements - Filter Instrumentation
Replacement, Contract No. 91770200, with said cost to be credited to the
Division of Water's 416 Capital Project Fund, 982-016-00-000 account.
PASSED.
AYES- 11 NOES- 0.
No. 99
Opinion - Riverside Concession Bid (CC)
(Item # 54 CCP November 15, 1994)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 100
Lawrence N. Grasso, P. E. - Offer to Purchase Copier
(Item No. 103, C.C.P., Nov. 15, 1994)
That the Commissioner of General Services be, and he hereby is
authorized to accept the bid of $35.00 from Lawrence N. Grasso, P.E. for a
Bruning Copier M PD80, Class 19998.
PASSED.
AYES- 11 NOES- 0.
No. 101
AMVETS - Refund Charge for Band Shelter
(Item No. 69, C.C.P., Sept. 20, 1994)
That the Commissioner of Parks be, and he hereby is authorized
to make a payment of $400.00 to Aloysius Bartel, Convention Chairman as agent
for AMVETS for their use of the portable band shelter at the Buffalo Naval and
Servicemen's Park.
PASSED.
AYES- 11 NOES- 0.
No. 102
Emergency Demo Process
(Item # 215 CCP October 4, 1994)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 103
Report of Audit Through 6/30/94 (Water Bd.)
(Item # 6 CCP November 15, 1994)
That the above mentioned 'Item be and the same is hereby received
and filed.
ADOPTED.
No. 104
Consolidation of Water Authorities (PW)
(Item # 44 CCP November 15, 1994)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 105
1993 STOP DWI Program
(Item No. 47, C.C.P., Nov. 15, 1994)
That the above item be, and the same hereby is, returned to the
Common Council without recommendation.
Mr. Pitts moved:
That the Mayor be, and he hereby is, authorized to enter into the 1993
STOP DWI Agreement between the City and the County of Erie for the period
January 1, 1993 to December 31, 1993. Under this agreement, the City of
Buffalo will be reimbursed by the County of Erie for up to 65% of all fine
revenue generated from the fines resulting from the disposition of
alcohol-related traffic offenses. The approval of this agreement is
conditional on Bonnie K. Lockwood, South District Councilmember receiving the
information she has requested.
PASSED.
AYES- 11 NOES- 0.
No. 106
GBAC - Status of Monies for World Games Payments
(Item # 104 CCP November 15, 1994)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 107
P. Talbot - Complaints vs. Langston Hughes
(Item # 80 CCP September 20,1994)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 108
Langston Hughes - Reply To Complaints
(Item # 88 CCP November 1, 1994)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 109
P. Talbot - Further Comments on Hall Rental
(Item # 95 CCP November 1, 1994)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 110
Appointment of Members - Buffalo Water Board
(Item No. 1, C.C.P., Nov. 1, 1994)
That the appointments of members of the Buffalo Water Board of
William J. Dauria, 124 Bame Avenue, Buffalo, 14215, for a term expiring
December 31, 1996, the appointment of Angelo Giliforte, 429 West Ferry,
Buffalo, 14213, for a term expiring December 31, 1995, be and hereby are
confirmed.
ADOPTED.
No. 111
Liquor Lic. Applications (C. Clerk)
(Item # 75 CCP November 1, 1994)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 112
Reply to License referrals (ICR)
(Item # 74 CCP November 15, 1994)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 113
Liquor License Applications (C. Clerk)
(Item # 94 CCP November 15, 1994)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
LEGISLATION
HON. ALFRED T. COPPOLA
CHAIRMAN
No. 114
Transport Services, Petition To Use 60 Van Rensselaer - Pole Sign
(Item No. 115, C.C.P., Nov. 15, 1994)
That after a public hearing before the Committee on Legislation
on November 9, 1994, the petition of Transport Services, owner, for permission
to use 60 Van Rensselaer for a pole sign be, and hereby is approved.
PASSED.
AYES- 11 NOES- 0.
No. 115
Diocese of Buffalo, Petition To Use
137 Mulberry - Halfway House
(Item No. 87, C.C.P., Oct. 18, 1994)
(Item No. 135, C.C.P., Nov. 1, 1944)
That after a public hearing before the Committee on Legislation
on November 9, 1994, the petition of the Diocese of Buffalo, for permission to
use 137 Mulberry Springs for a halfway house be, and hereby is approved.
PASSED.
AYES- 11 NOES- 0.
No. 116
Gelinmac, Petition to Use 20 Buffalo River
(Item No. 94, C.C.P., Apr. 19, 1994)
(Item No. 159, C.C.P., Nov. 15, 1994)
That the above item be, and the same hereby is, returned to the
Common Council without recommendation.
Mr. Coppola moved:
That after a public hearing before the Committee on Legislation on
November 9, 1994, the petition of Gelinmac, for permission to use 20 Buffalo
River for a masonry building be, and hereby is approved with the following
conditions:
1. In any event the processing line will be operated for no more than ten
(10) hours a day and the hours of operation shall be limited to 7:00 a.m. to
5:00 p.m.; the processing line will not be operated on Saturday or Sunday.
2. Gelinmac Storage will cooperate with the City of Buffalo, in keeping a
public access corridor of no less than 25 feet in width open to the public
along the Buffalo River. Gelinmac Storage will maintain its grounds in a neat
and attractive manner and will plant trees along the Buffalo River edge of the
Gelinmac Storage Property.
3. Gelinmac Storage will maintain an open line of communication with the
community in which the Gelinmac Storage facilities are located, included giving
the Old First Ward Community Center the name and phone number of a person who
will have decision making power during Company hours of operation.
4. All job opening notices will be posted at the Old First Ward Community
Center in a timely fashion.
5. Gelinmac Storage will maintain its facilities in a manner that
discourages the proliferation of rodents. The exterminating company hired by
Gelinmac Storage will file monthly reports with the Buffalo City Clerk
documenting the level of rodent activity on or near the site of the Gelinmac
Storage facilities.
6. Because of the dangers posed by emissions of heavy metals dioxins and
other chlorinated products of incomplete combustion, Gelinmac Storage will not
accept products packaged in chlorinated plastic or paper packaging or in
packaging containing heavy metals. Gelinmac Storage will maintain filed
statements by its suppliers to the effect that the packaging materials contain
no chlorine or heavy metals.
7. All trucks will load and unload inside the Gelinmac Storage building.
Any truck loads will be covered or enclosed on the truck. No storage of
materials will take place outside the Gelinmac Storage building.
8. Any complaint of odors which are offensive to residents shall be filed
with the City Clerk of Buffalo, and with Gelinmac Storage. All such complaints
shall be transmitted by the City Clerk immediately to Gelinmac Storage and to
the New York State Department of Environmental Conservation, Division of Air
Resources which shall document and verify that such odors emanated from the
Gelinmac Storage facilities.
The existence of offensive odors will be documented by fifteen (15)
residents residing within one (1) mile of the Gelinmac Storage facilities
signing a petition to that effect and filing said petition with the City Clerk
of Buffalo; the petition shall state that such offensive odors emanated from
the Gelinmac Storage facilities for at least three (3) consecutive working days
and shall specify the dates of such offensive odors, and the names and
addresses of the residents signing the petition. Immediately upon receipt of a
petition the Buffalo City Clerk shall forward a copy of the petition to the New
York DEC, Division of Air Resources and to Gelinmac Storage.
If the New York DEC verifies and documents that such offensive odors
emanated from the Gelinmac Storage facilities, Gelinmac Storage shall
immediately decrease its operation of the dehydration drum by 50% until the
problem is corrected. If the problem of such offensive odors is not corrected
within sixty (60) days then Gelinmac Storage shall cease all operations and
will not resume operations until the Company has proved before the Common
Council of the City of Buffalo, at a public hearing (held within twenty days of
the Company's application for such hearing) that the offensive odors have been
mitigated by remedial measures completed by the Company and approved by the New
York DEC.
9. Restricted Use Permit for Special Coastal Review District.
Gelinmac Storage will operate its facilities under and pursuant to a one
(1) year permit issued by the City of Buffalo after approval by the Buffalo
Common Council. The annual permit will be renewable on a yearly basis subject
to the approval of the Buffalo Common Council. Any such operating permit shall
be limited to the operation of Gelinmac Storage Corporation at 60 Childs
Street, Buffalo, New York; if any new operator acquires and assumes operation
of the facilities, a new restricted use permit will be required from the City
of Buffalo upon approval of the new operator by the Buffalo Common Council.
PASSED.
AYES- 11 NOES- 0.
No. 117
NYSDEC - Oper. Conditions - Gelinmac
(Item # 160 CCP November 15, 1994)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 118
NYSDEC Conditions - Gelinmac (EMC)
(Item # 161 CCP November 15, 1994)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 119
Teen Challenge - Comm. Support - Use of 124 Locust
(Item # 102 CCP November 15, 1994)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 120
Ordinance Amendment - Ch. 175 (463)
(Item # 203 CCP November 15, 1994)
That the above mentioned Item be and the same is hereby referred
to the Committee on Finance.
ADOPTED.
No. 121
Ordinance Amendment - Ch. 463 - Sale of Xmas Trees
(Item # 204 CCP November 15, 1994)
That the above mentioned item be and the same is hereby referred
to the Committee on Finance.
ADOPTED.
No. 122
Ordinance Amendment Chapter 413
Article VI Section 41 - Streets and Sidewalks
Vehicle and Weight Limits
(Item No. 211, C.C.P., Nov. 15, 1994)
That the Ordinance Amendment as contained in Item No. 211, C.C.P.,
November 15, 1994, be and the same hereby is approved.
PASSED.
AYES- 11 NOES- 0.
No. 123
Ordinance Amendment Chapter 483-2 License Required; Application for License
(Item No. 219, C.C.P., Nov. 15, 1994)
That the Ordinance Amendment as contained in Item No. 219, C.C.P.,
November 15, 1994, be and the same hereby is approved.
PASSED.
AYES- 11 NOES- 0.
No. 124
Alarm Association - Oppose Alarm License Law
(Item # 114 CCP November 15, 1994)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 125
Process/requirements - SEQR Reviews (EMC)
(Item # 15 CCP November 1, 1994)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 126
Opinion - 45 Day Period For Traffic Ords. (CC)
(Item # 53 CCP November 15, 1994)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 127
Establish No Refund Policy for Parks Passes
(Item No. 170, C.C.P., Nov. 1, 1944)
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
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.
ADOPTED.
No. 128
No Refund Policy - Park Passes (A&F)
(Item # 82 CCP November 15, 1994)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 129
M. Amo- Complaints- Bus/Truck Parking - Shea's
(Item # 99 CCP October 4, 1994)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 130
Mercy Flight - Reject ECMC Plan
(Item # 106 CCP November 15, 1994)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 131
Mercy Flight - Reply To Comments Made At Hearing
(Item # 107 CCP November 15, 1994)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
ECONOMIC DEVELOPMENT
HON. CARL A. PERLA JR.
CHAIRMAN
No. 132
Amend LDA-Connecticut New Housing
Mr. Perla moved that:
Whereas, the Buffalo Urban Renewal Agency (herein referred to as the
"Agency") has duly designated Gal/Van Developers, 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 Agency and the Redeveloper have requested to amend the Land
Disposition Agreement to include 426-438 Connecticut Street in Schedule A of
said LDA for the construction of eight (8) additional units of residential
townhouses, and
Whereas, The property at 426-438 Connecticut Street has a building
situated at 432 Connecticut Street which must be demolished in order to
complete the improvements contemplated by this Amendment,
Now, Therefore, Be It Resolved:
(1) That Gal/Van Developers, 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 this Amendment to
Land Disposition Agreement located in the Connecticut Street Revitalization
Area.
(2) That the Land Disposition Agreement between the City of Buffalo Urban
Renewal Agency and Gal/Van Developers, Inc. shall be amended as follows:
a.) Amend Schedule A of said LDA to include 426-438 Connecticut Street
for the construction of eight (8) units of residential townhouses.
b.) All terms and provisions not included in this Amendment shall remain
unchanged and shall remain in full effect.
(3) This Amendment is contingent upon the demolition of the building located
at 432 Connecticut Street.
(4) That the Mayor of the City of Buffalo and The Chairman or Vice Chairman
of the Buffalo Urban Renewal Agency is hereby authorized to execute any and all
deeds or other legal documents necessary to convey the land described in the
proposed "Land Disposition Agreement" to the Redeveloper and/or other legal
entity to be formed in accordance with the terms of said Agreement and for the
consideration recited therein.
PASSED.
AYES- 11 NOES- 0.
No. 133
HOME Rehabilitation Funds 27-37 East Morris
(Item No. 77, November 15, 1994)
That the Commissioner of Inspections and Community Revitalization
be, and he hereby is, authorized to release the amount of $242,000 of HOME
Rental Rehabilitation funds for Morris Manor Apartments, located at 27-37 East
Morris.
PASSED.
AYES- 11 NOES- 0.
No. 134
NYS Economic Development Zone
(Item No. 221, Nov. 15, 1994)
That the City of Buffalo hereby designates The Buffalo Enterprise
Development Corporation as the administrative agent to receive and disburse the
$45,000.00 state grant for the administration of the New York State Economic
Development Zone.
That the Mayor of the City of Buffalo, the Commissioner of Community
Development or any other appropriate official of the City of Buffalo are hereby
authorized to execute any and all documents deemed necessary to effect this
resolution.
ADOPTED.
No. 135
NYS Economic Development Zones (CD)
(Item # 57 CCP November 15, 1994)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 136
Safety of City Property
(Item # 76 CCP November 15, 1994)
That the above mentioned Item be and the same is hereby referred
to the Committee on Legislation.
ADOPTED.
POLICE REORGANIZATION
HON EUGENE M. FAHEY
CHAIRMAN
No. 137
B. Lockwood - Report on So. District Consolidation
(Item # 102 CCP June 28, 1994)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
RESOLUTIONS
No. 138
By: Mr. Arthur
Ordinance Amendment Chapter 12 - Code Of Ethics
The Common Council of the City of Buffalo does hereby ordain as
follows:
That Sections 2, 3 and 4 of Chapter 12 of the Code of the City of Buffalo
be amended to read as follows:
12-2. Applicability.
The requirements of this code shall not replace but shall be in addition
to all other legal requirements pertaining to the conduct of city officers and
employees. Every provision of this code, except as expressly limited herein,
shall apply to every officer and employee of the city, whether paid or unpaid.
It shall also apply to members, directors, officers and employees of any
not-for-profit corporation if a majority of such corporation's members or
directors serve by reason of their city positions or if a majority of such
corporation's officers or directors are appointed by one (1) or more city
officers or bodies. Any such not-for-profit corporation shall be deemed to be
a city agency for the purposes of this code. The members, directors, officers
and employees of any such corporation shall be deemed to be city officers or
employees for the purposes of this code. It shall also apply to any person who
is a member of a city board, agency, commission, council or body, whether paid
or unpaid. This code shall not apply to officers or employees of the City
Court of Buffalo, the Buffalo Sewer Authority, the City of Buffalo Urban
Renewal Agency or the Buffalo Municipal Housing Authority, unless adopted by
their respective governing bodies. The Board of Ethics shall have discretion
to grant a temporary exception to the provisions of this Chapter for any
officer, employee, person, board, commission or agency to which this Chapter
applies.
12-3. Annual disclosure statement required.
Every city officer or employee and every other person, whether paid or
unpaid , who holds an elective office; is a member of a city board, agency,
commission, council or body; is in the unclassified service or in the exempt
class of the civil service, or is authorized in the usual course of his or her
duties to exercise a substantial degree of discretion in financial or
regulatory transactions with private entities, including the negotiation,
authorization or approval of contracts, the purchase, sale or rental of real
property, goods or services, the obtaining of grants, money or loans or the
adoption or repeal of any rule or regulation having the force and effect of
law, shall file an annual disclosure statement:
A. Within thirty (30) days after taking office.
B. No later than January 30 each year.
C. Within thirty (30) days after any change in the status of the matters
subject to disclosure.
12-4. Contents of annual disclosure statement.
Part A. 2. Spouse and children.
(Note: Each line for disclosing the name of dependent children should appear as
follows, such that the "/Age' language is deleted:)
Part [B. 6.] A. 5, Gifts and Honorariums.
List the source of all gifts received in the past year from the same or
affiliated source aggregating in excess of $100.00 received during the last
year by you, your spouse or dependent child, excluding gifts from a relative.
The term "gifts" includes gifts of cash, property, personal items, services,
payments to third parties on your behalf, loans, forgiveness of debt,
honorariums, travel, entertainment, hospitality, tickets, any financial
transaction on terms not available to the general public, and any other
payments that are not reportable as income. The term "gifts" shall not include
normal hospitality or promotional materials received within the past year if
such hospitality or materials which when aggregated by source, do not exceed
$100.00 in value and are not received in circumstances in which it might
reasonably be inferred that they were given with the intention to influence or
reward you in relation to the performance of your duties.
Part B. 5 . e
e. Investments. Itemize and describe all investments which exceed a value
of $5,000.00, except for investments held as shares or fractional interests of
an entity or enterprise and the value of the investment does not exceed 5 % of
the total value of the entity or enterprise in any business, corporation,
partnership or other assets, excluding personal savings and retirement
accounts, but including stocks, bonds, loans, pledged collateral and other
investments, for your and your spouse and dependent children, if any. List the
location of all real estate, including your personal residence, [within the
City of Buffalo or within five (5) miles thereof] in which you, your spouse or
dependent children, if any, have an interest, regardless of its value.
Part B. 8.
Describe all debts of you, your spouse and dependent children in excess
of $5,000, other than retail accommodations such as charge accounts, lines of
credit, and credit cards extended in the normal course of business which are
ordinarily available to the general public by financial institutions and/or
merchants and which are not extended in circumstances in which it might be
reasonably inferred that they were extended with the intention to influence or
reward you in relation to the performance of your duties.
APPROVED AS TO FORM:
Edward Peace
Corporation Counsel
NOTE: Matter of brackets [ ] to be deleted; matter underlined is new.
REFERRED TO THE COMMITTEE ON LEGISLATION AND THE BOARD OF ETHICS.
No. 139
By: Mr. Collins
Transfer of Funds
Common Council - Legislative - Temporary Services
Common Council-Fin Comm Chairman-Salaries, Regular
That pursuant to section 42 of the Charter and the Certificate
of the Mayor and the Comptroller submitted to the Common Council, the sum of
$3,800
be and the same is hereby transferred from the Common Council -
Legislative and said sum is hereby reappropriated as set forth below:
From:
100 General Fund
010 - Common Council 001 - Legislative
112 - Temporary Services $3,800
To:
100 General Fund
010 - Common Council
003 - Finance Committee Chairman
110 - Salaries - Regular $3,800
PASSED.
AYES- 11 NOES- 0.
No. 140
By: Mr. Collins
Bond Resolution
$70,000 Bonds
Improvements to University District
Park & Play Areas
Account 200-717-014
Bond Resolution of the City of Buffalo, New York, authorizing
the issuance of $70,000 General Improvement Bonds of said City to finance the
cost of recreational area improvements to University District Park and Play
Areas at the estimated maximum cost of $70,000.
The Common Council of the City of Buffalo, in the County of Erie, New
York, hereby resolves (by the favorable vote of not less than two-thirds of all
the members of said Common Council) as follows:
Section 1. The Comptroller of the City of Buffalo, in the County of Erie,
New York (herein called "City"), is hereby authorized and directed to issue
General Improvement Bonds of said City in the principal amount of $70,000,
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 recreational area improvements to
University District Park and Play Areas located in the City. The estimated
maximum cost of said class of objects or purposes for which the bonds
authorized by this resolution are to be issued, including preliminary costs and
costs incidental thereto and the financing thereof, is $70,000, as set forth in
the duly adopted Capital Improvements Budget of said City for fiscal year
1994-95, as amended.
Section 2. The proceeds of the sale of the bonds authorized by this
resolution, or any bond anticipation notes issued in anticipation of the sale
of said bonds, shall be deposited in the Capital Projects Fund to the credit of
the Department of Community Development, Division of Development, "Improvements
to University District Park and Play Areas, 1994-95, Bond Authorization Account
No. 200-717-014, and shall be used for the purpose specified in Section 1 of
this resolution.
Section 3. The City intends to finance, on an interim basis, the costs or
a portion of the costs of said improvements for which bonds are herein
authorized, which costs are reasonably expected to be incurred by the City,
pursuant to this Bond Resolution, in the maximum amount of $70,000. 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) 19 (c) of the Local Finance Law, is
fifteen (15) years.
(b) Current funds are not required by the Law to be provided as a down
payment prior to the issuance of the bonds authorized by this resolution or any
bond anticipation notes issued in anticipation thereof in accordance with
Section 107.00 d. 9. of the Law.
Section 5. Each of the bonds authorized by this resolution and any bond
anticipation notes issued in anticipation of the sale of said bonds and the
renewals of said notes shall contain the recital of validity as prescribed by
Section 52.00 of the Local Finance Law. Said bonds and said notes shall be
general obligations of the City of Buffalo payable as to both principal and
interest by a general tax upon all the taxable real property within said City
without limitation as to rate or amount. The faith and credit of said City are
hereby irrevocably pledged to the punctual payment of the principal of and
interest on said bonds and said notes. Provision shall be made annually by
appropriation by said City for the payment of interest on and for the amounts
required for the amortization and redemption of said bonds and said notes.
Section 6. The validity of the bonds authorized by this resolution or
any bond anticipation notes issued in anticipation of the sale of said bonds,
may be contested only if:
(a) such obligations are authorized for an object or purpose for which the
City of Buffalo is not authorized to expend money, or
(b) the provisions of law which should be complied with at the date of the
publication of such resolution are not substantially complied with, and an
action, suit or proceeding contesting such validity, is commenced within twenty
days after the date of such publication, or
(c) such obligations are authorized in violation of the provisions of the
constitution.
Introduced: November 29, 1994
LAID ON THE TABLE.
No. 141
By: Mr. Collins
Security In And Around City Hall
Whereas: Thousands of people work in City Hall, and many more visit
the building on a daily basis to conduct business; and
Whereas: In recent weeks, there have been reports of numerous thefts both
inside City Hall and in the immediate vicinity of the building; and
Whereas: Unlike other government office buildings located downtown, City
Hall has very few security measures in place, especially in the evening hours;
and
Whereas: This lack of proper security in City Hall has created a climate in
which employees are fearful, citizens are hesitant to come to the building, and
the potential exists for a major tragedy to occur; and
Whereas: It is important that steps be taken to protect the people who work
in and visit City Hall and safeguard their possessions, and to create a safe,
secure environment in the building which has become a symbol of this city;
Now, Therefore Be It Resolved:
That this Common Council request the Police Commissioner to develop and
implement a security plan designed to improve safety in and around City Hall.
REFERRED TO THE COMMITTEE ON LEGISLATION, COMMISSIONER OF PUBLIC WORKS, AND
COMMISSIONER OF POLICE.
No. 142
By: Mr. Coppola
Discharge Committee on Legislation
"Encroachment - 1481 Hertel Avenue - Signs"
Com #42, C.C.P. November 15, 1994
Whereas: Com #42 - "Encroachment - 1481 Hertel Avenue Signs" C.C.P.
November 15, 1994 was Tabled at the Committee on Legislation held on November
22, 1994; 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 Committee on Legislation
from further consideration of the above item.
Mr. Coppola now moved:
That the Commissioner of Public Works be, and he hereby is, authorized to
issue a "mere license" to Mr. Peter D'Orsaneo of Flexlume Sign Corporation,
acting as agent for Marine Midland Bank, located at 1481 Hertel Avenue, to
install three signs which would encroach city right-of-way at said address,
subject to the following conditions.
1. That the applicant obtain any and all other City of Buffalo permits
necessary for said installation.
2. That the signs be installed exactly as shown on plans submitted to and
approved by the Department of Public Works, Division of Buildings.
3. That the applicant supply the City of Buffalo with a five thousand dollar
($5,000) construction in street bond or certificate of insurance which will
indemnify and save harmless the City of Buffalo against any and all loss and
damage arising out of the construction, maintenance, use and removal of said
signs.
PASSED.
AYES- 11 NOES- 0.
No. 143
By: Mr. Coppola
Discharge Committee on Legislation
"Encroachment - 1000 Elmwood Avenue - Signs"
Com #43, C.C.P. November 15, 1994
Whereas: Com #43 - "Encroachment - 1000 Elmwood Avenue Signs" C.C.P.
November 15, 1994 was Tabled at the committee on Legislation held on November
22, 1994; 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 Committee on Legislation
from further consideration of the above item.
Mr. Pitts now moved:
That the Commissioner of Public Works be, and he hereby is, authorized to
issue a "mere license" to Mr. Peter D'Orsaneo of Flexlume Sign Corporation,
acting as agent for Marine Midland Bank, located at 1000 Elmwood Avenue, to
install three signs which would encroach city right-of-way at said address,
subject to the following conditions.
1. That the applicant obtain any and all other City of Buffalo permits
necessary for said installation.
2. That the signs be installed exactly as shown on plans submitted to and
approved by the Department of Public Works, Division of Buildings.
3 . That the applicant supply the City of Buffalo with a five thousand dollar
($5,000) construction in street bond or certificate of insurance which will
indemnify and save harmless the City of Buffalo against any and all loss and
damage arising out of the construction, maintenance, use and removal of said
signs.
PASSED.
AYES- 11 NOES- 0.
No. 144
By: Mr. Coppola
Lighted Schoolhouse Program in Delaware District
Whereas: The Delaware District is in danger of losing its very
successful lighted schoolhouse program because of HUD regulations; and
Whereas: This will be a tremendous loss to the youth who utilize this worthy
program at Schools 81, 54 and 56.
Now Therefore Be It Resolved That
This Common Council directs Human Resources commissioner Michael V. Smith
to open the lighted schoolhouse program in the Delaware District at Schools 81,
54, and 56, and that he appear before the Committee on Legislation on Tuesday,
December 6, 1994, at 2:00 pm to discuss this matter.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 145
By: Messrs. Czajka, Fahey, Perla, Zuchlewski and Mrs. Lockwood
Ordinance Amendment Chapter 343 - Promoting General Welfare of
Minors in Public Places
The Common Council of the City of Buffalo does hereby ordain as
follows:
That Section 2 of Chapter 343 of the Code of the City of Buffalo be
amended to read as follows:
SECTION 2 SUNSET PROVISION
This curfew ordinance shall expire [twelve months after its effective
date] January 1, 1996 unless enacted again by the Common Council.
APPROVED AS TO FORM
Edward Peace
Corporation Counsel
NOTE: Matter in brackets [ ] to be deleted; matter underlined is new.
REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CORPORATION COUNSEL.
No. 146
By: Mr. Franczyk
Sale Of 129 Jones Street
Whereas: The Polish Community Center of Buffalo, Inc., has been
designated by the Urban Renewal Agency as the developer for a parcel of land
owned by the City of Buffalo, which is located at the corner of Lewis and Lyman
Streets; and
Whereas: The Polish Community Center has been awarded a grant by the New
York State Division of Housing and Community Renewal to develop the site for 32
units of housing for the frail elderly; and
Whereas: The Polish Community Center will be paying the City of Buffalo
$7,000 for the site; and
Whereas: The project would be more attractive to the elderly if additional
parking and landscaping could be provided adjacent to the building; and
Whereas: The City of Buffalo owns a vacant parcel of land at 129 Jones at
the corner of Lyman Street which abuts the parcel on Lewis Street; and
Whereas: 129 Jones is littered with garbage and abandoned cars and is an
eyesore and blight on the community; and
Whereas: The Polish Community Center would landscape and maintain the
parcel; then
Therefore, Let It Be Resolved:
That the City of Buffalo transfer the property at 129 Jones Street to
BURA and an amended LDA be prepared reflecting the transfer of properties
between BURA and the Polish Community Center for the development of Senior
Citizen Housing;
Let It Be Further Resolved:
That the negotiation between the Polish Community Center and Department
of Real Estate be transacted in a timely manner.
PASSED.
AYES- 11 NOES- 0.
No. 147
By: Mrs. Lockwood
Negative Declaration for
Gelinmac Storage Corporation Project
Whereas: The Gelinmac Storage Corporation has cooperatively incorporated
suggestions intended to protect the environment directly into their Operations
and Maintenance Manual; and
Whereas: These suggested changes involve:
* Hours of operation (Page 1);
* Community relations including public access corridor, and communication
process (Page 2);
* Requirement that rodent reports be filed monthly with the city clerk
(Page 10) * Process for resolving odor problems (Page 1);
* One year time limit on the permit (Page 12);
* Prohibition on accepting chlorinated packaging (Page 13);
* Requirement that loading and storage takes place inside the building
(Page 13);
Now Therefore Be It Resolved, that:
The negative declaration for the Gelinmac Storage Project that was
drafted for Council adoption by the City Planning Board, be amended as follows:
The first three paragraphs under the heading "Additional Measures" will
be taken out and the section shall read: "Concerns regarding odors, potential
toxic releases, rodents, hours of operation, public access, community relations
and the length of the permit have been adequately addressed by changes the
company has voluntarily made to the Gelinmac Storage Corp. Operations and
Maintenance Manual. Therefore the Buffalo Common Council concludes that this
action will not adversely affect the natural resources of the state and the
health, welfare and safety of the public and is consistent with social and
economic considerations. The Common Council carefully considered all
"criteria" for Determination of Significance listed in SEQR regulations (6
NYCRR 617.1 1).
For further information relative to this negative declaration, contact
Frank A. Manuel, Principal Planner, Division of Planning, Room 901 City Hall,
Buffalo, New York (716) 851-4901.
Dated: November 29, 1994".
Be It Further Resolved that:
The negative declaration for the Gelinmac Storage Corp. project be
adopted as amended.
ADOPTED.
No. 148
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 Council Clerk $27,731 - $32,395
is hereby amended to read:
1 Teller $22,257 - $25,135
We, George K. Arthur, President of the Council and James B. Milroy,
Director of the Budget, hereby certify that the elimination of one (1) Council
Clerk and the creation of one (1) Teller to 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 statements 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.
APPROVED AS TO FORM
Edward Peace
Corporation Counsel
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
No. 149
By: Mrs. LoTempio and Messrs. Fahey, Bell, Czajka, Zuchlewski,
Coppola
Support Precinct 13 Site
For New North District Police Stationhouse
Whereas: In the ongoing process of Police Reorganization, a key
component is site selection for new station houses; and
Whereas: At a meeting of the Police Reorganization Task Force held on
Friday, November 18, 1994, five different locations were proposed and discussed
as possibilities for the North District Stationhouse, with the expansion of the
existing Pct. 13 station on Hertel Avenue emerging as the preferred site; and
Whereas: Positive factors in favor of the Pct. 13 location include the fact
that the site is already city owned and that a preliminary review indicates
that expansion, through the addition of a second floor, would be cost effective
and would not be overly disruptive to ongoing police occupancy of the facility;
and
Whereas: Analysis of other sites concluded that each required either lease
or purchase of the facility, thereby adding acquisition and renovation costs
the city would not recoup; removal of the acquired site from the city tax roll,
thereby diminishing an already eroding tax base; and potential parking or
renovation design concerns; and
Whereas: While the Pct. 13 site holds the most promise, a detailed cost
analysis of building expansion is needed. This analysis should include
potential acquisition of adjacent property currently owned by the Cantalician
Center to enable building expansion on a horizontal rather than vertical basis.
Horizontal expansion, although necessitating land acquisition, may be less
costly than vertical expansion due to handicapped access regulations; and
Whereas: Other concerns about siting the stationhouse in this area,
particularly those related to a needed police presence in the Grant Ferry
Marketplace and surrounding neighborhood, should be addressed by the Police
Department, either through placement of a satellite office, through an increase
of foot patrols, or by other methods deemed appropriate;
Now, Therefore, Be It Resolved:
That the Department of Public Works provide a detailed cost analysis for
expansion of the existing Pct. 13 building to house a new North District
Stationhouse, and include in this analysis a review of both horizontal as well
as vertical expansion potential; and
Be It Further Resolved:
That the Common Council request that the Director of Real Estate
investigate the availability for purchase of Cantalician Center land for use in
expansion of Pct. 13, and report back to this Council on costs for acquisition;
and
Be It Further Resolved:
That the Commissioner of Police submit to this Council a plan to address
concerns related to an increased police presence in the Grant Ferry community;
and
Be It Finally Resolved:
That, pending reports from the above listed departments indicating that
the site is an appropriate and cost effective location, this Common Council
states its support for usage of the current Precinct 13 site on Hertel Avenue
as the location for a new North District Stationhouse.
ADOPTED.
No. 150
By: Mr. Perla
Restructure Buffalo Municipal Housing Authority
Public Safety
Whereas: The City of Buffalo is faced with a growing budgetary
deficit; and
Whereas: The question of effectively utilizing police manpower is of primary
concern of all municipalities throughout the country; and
Whereas: The City of Buffalo is constantly pursuing innovative ideas such as
police reorganization and community policing to provide the best possible
police protection and enforcement of laws with the resources available to it;
and
Whereas: The Buffalo Police Department must maintain a constant investment
of time and personnel for enforcement of priority index crimes, thus the less
serious offenses such as the enforcement of a noise ordinance, in some cases
not effectively enforced; and
Whereas: Restructuring service delivery by the Buffalo Municipal Housing
Authority Public Safety in conjunction with the Buffalo Police Department would
provide an increased city wide police presence on the streets and also afford
more attention to low priority service calls.
Now, Therefore Be It Resolved That:
This Common Council requests the Corporation Counsel, the Commissioner of
the Buffalo Municipal Housing Authority, The Chief of the Buffalo Municipal
Housing Authority Public Safety, the Commissioner of the Buffalo Police
Department, Police Benevolent Association, C.S.E.A. Local 815, Members of the
Administration and the Buffalo Common Council to meet to discuss such an
endeavor.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE MAYOR, THE COMMISSIONER OF
POLICE, THE BUFFALO MUNICIPAL HOUSING AUTHORITY AND THE POLICE BENEVOLENT
ASSOCIATION.
No. 151
By: Mr. Perla
Policy on Land Disposition Agreements
Whereas: At the November 15, 1994 Common Council meeting, John
Hannon, Director of the Division of Real Estate, expressed his concern about
the transfer of land to the Roswell Park Memorial Institute through a Land
Disposition Agreement with the Buffalo Urban Renewal Agency; and
Whereas: Mr. Hannon, although conceding that the city or BURA has
transferred property in exactly the same manner on numerous occasions,
maintains that a policy has to be established which more accurately reflects
the city's requirements for disposing of capital assets; and
Whereas: In addition, the Real Estate Director contends that a stricter
policy will also aid in maintaining better property inventory records; and
Whereas: A definitive policy for transferring City-owned land to the Buffalo
Urban Renewal Agency and for subsequent Land Disposition Agreements between
BURA and private individuals or agencies should be developed in order to ensure
that the city and BURA are receiving fair and equitable revenue from the land
transfer, and also to ensure that requirements for disposing of capital assets
are being followed properly;
Now, Therefore, Be It Resolved:
That the Common Council request the Comptroller, through the Division of
Real Estate, to develop a policy in conjunction with the Buffalo Urban Renewal
Agency, the Department of Inspections and Community Revitalization, the
Department of Community Development, and the Corporation Counsel for
transferring capital assets from the City of Buffalo to BURA and for subsequent
Land Disposition Agreements with private individuals or agencies; and
Be It Further Resolved:
That upon completion, a copy of the Land Disposition Policy be filed with
this Honorable Body and the Buffalo Urban Renewal Agency.
REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT, THE COMPTROLLER, THE
COMMISSIONER OF INSPECTIONS AND COMMUNITY REVITALIZATION, THE BUFFALO URBAN
RENEWAL AGENCY AND THE CORPORATION COUNSEL.
No. 152
By: Mr. Pitts
Mr. Bell excused from November 29, 1994 Council Meeting
Now, Therefore, Be It Resolved:
That Councilmember Clifford Bell be excused from attendance at the stated
Common Council meeting of November 29, 1994 due to his absence from the city.
ADOPTED.
No. 153
By: Mr. Pitts
Excuse Councilmember Collins From November 29 Meeting
Now, Therefore, Be It Resolved:
That Councilmember David A. Collins be excused from attendance at the
stated Council meeting of November 29, 1994, due to absence from the city.
ADOPTED.
No. 154
By: Mr. Pitts
Dedication of Streets at Ellicott Mall
Whereas: The first phase of the Ellicott Mall renovation is well
underway and near completion; and
Whereas: The new Ellicott Mall Town Center represents a total investment of
at least 60 million dollars of public and private funds. The project is the
capstone to revitalization of the near eastside and Downtown housing; and
Whereas: As part of an agreement proposed by the Developers when
construction began, the City would dedicate Minnie Gillette and Delmar Mitchell
Drives as public streets. This would cut costs that would be charged to new
residents who would reside in the Town Houses; and
Whereas: The dedication of the two Drives as public right of way will allow
for the second phase to begin. The City Planning Division has reviewed the
request and is favorable.
Now Therefore Be It Resolved That:
The Common Council approves the Dedication of Minnie Gillette and Delmar
Mitchell Drive as Public Streets.
PASSED.
AYES- 11 NOES- 0.
No. 155
By: Mr. Pitts
Waiver of Grass Cutting Fee For Habitat for Humanity
Whereas: Habitat for Humanity has provided new and renovated homes
for low income persons within the City of Buffalo. The organization is world
renown and provides its services solely on a volunteer basis; and
Whereas: Habitat for Humanity is the prime Developer for housing in the
Johnson Street neighborhood of the Ellicott Council District. 513 Sycamore
Street as well as over twenty vacant lots were conveyed to Habitat by the City
of Buffalo; and
Whereas: Habitat was billed for grass cutting services performed by the City
of Buffalo. The $50.00 charge is not affordable by the organization as both a
nonprofit and charitable agency; and
Whereas: Habitat's services definitely qualify as a definable public benefit
to the City of Buffalo, far in excess to the value of the grass cutting charge.
Now Therefore Be It Resolved That:
The Common Council recommends the Streets and Sanitation and the
Administration and Finance Department waive the $50.00 fee charged to Habitat
for Humanity.
PASSED.
AYES- 11 NOES- 0.
No. 156
By: Mr. Pitts
Removal of Demolition Lien at 70 Watson Street
Whereas: 70 Watson Street has a demolition lien of $4,665.00. This
charge was to have been paid by the Buffalo Urban Renewal Agency; and
Whereas: The present owner was provided a Quit-Claim Deed for the property.
The Deed did not indicate the demolition charge. In fact the previous owner
provided information that B.U.R.A. had paid for the demolition; and
Whereas: The Division of Real Estate has insisted that the demolition lien
is valid.
Now Therefore Be It Resolved That:
The Common Council request the Buffalo Urban Renewal Agency and
Comptroller to remove the demolition lien at 70 Watson Street.
REFERRED TO THE URBAN RENEWAL AGENCY COMMITTEE, THE COMPTROLLER AND THE BUFFALO
URBAN RENEWAL AGENCY.
No. 157
By: Mr. Pitts
NYS Economic Development Zone
Revision to Boundary Description
Whereas, Local Law No. 5 (1994), adding section 281 of article
14 of the charter of the City of Buffalo in relation to establishing an
economic development zone, was signed by the Anthony M. Masiello, Mayor of the
City of Buffalo; and
Whereas, the Local Law was filed with the Secretary of State on February
28, 1994, and then verified by the Mayor on March 2, 1994; and
Whereas, subpart 2 of aforesaid Local Law defined the boundaries of the
areas to be designated an Economic Development Zone; and
Whereas, on July 27, 1994, the City of Buffalo was awarded a New York
State Economic Development Zone designation; and
Whereas, subsequent to the designation of the City of Buffalo Economic
Development Zone, certain areas adjacent to the zone have been proposed for
major economic developments; and
Whereas, publicly owned facilities located within the zone, such as
public parks and public schools, are not eligible to receive the benefits
offered by the zone designation.
Now, Therefore, Be It Resolved:
1. That the City of Buffalo request a boundary revision from the New York
State Department of Economic Development to:
a. add the area bounded by High Street, Main Street, Goodrich Street and
Ellicott Street in Sub-Zone 1; and
b. add the area the properties commonly known as 1055 and 1057 Delavan
Avenue, further defined as Tax Map parcels No. 090.80-4-2 and No. 090.80-4-3 in
Sub-Zone 2; and
c. delete the area bounded by Hollister Street, Mortimer Street, West
Peckham Street and Spring Street, also known as Willert Park, in Sub-Zone 1;
and
d. delete the area bound by Peckham Street, Stanton Street, Paderewski
Drive and Krettner Street, in Sub Zone 1.
2. That, if the boundary revision is approved by the NYS Department of
Economic Development, that Subpart 2 of Section 281, Article 14 of the Charter
of the City of Buffalo be hereby amended as follows:
SUB-ZONE 1: Portions of Census Tracts (C.T.) 5.00, 12.00, 13.02, 14.02, 15, 16,
18, 25.02, 31.68, 71.01. More fully described as follows: Beginning at the
southeast corner of Main and [High St; thence easterly along High St.] Goodrich
Street; thence easterly along Goodrich Street to Ellicott St.; thence southerly
along Ellicott St. to Burton St.; thence easterly on an imaginary line
extending from Burton St. to North Oak St.; thence southerly along N. Oak St.
to Goodell St.; thence easterly along Goodell St. to Mulberry St.; thence
southerly along an imaginary line extending from Mulberry St. (connecting
Mulberry St. and Hickory St.) to Cherry St.; thence northeasterly along Cherry
St. to Jefferson Ave.; thence northerly along Jefferson Ave. to the Kensington
Expressway (NYS Rte. 33); thence northeasterly along the Kensington Expressway
(NYS Rte. 33) to Carlton St.; thence easterly along Carlton St. to Grey St.;
thence southerly along Grey St. to Genesee St.; thence southwesterly along
Genesee St. to Jefferson Ave.; thence southerly along Jefferson Ave. to
Broadway; thence easterly along Broadway to a CONRAIL (NY Central) rail line
(approximately 50, east of Memorial Drive); thence southerly along the CONRAIL
(NY Central) rail line to a southwesterly branch; thence southerly and
southwesterly along the CONRAIL (NY Central) rail line, also being the southern
boundaries of 495 Paderewski Drive (SBL #112.09-11.1) and 59 Memorial Drive
(SBL #112.13-1-1.2), to William St.; thence westerly along William St. to
Jefferson Ave.; thence southerly along Jefferson Ave. to Myrtle Ave.; thence
westerly along Myrtle Ave. to Hamburg St.; thence southerly along Hamburg St.
to Seneca St.; thence easterly along Seneca St. to Smith St.; thence northerly
along Smith St. to Fillmore Ave.; thence northerly along Fillmore Ave. to
Hardwood Place; thence easterly along Hardwood Place to Dillon St.; thence
northerly along Dillon St. to Fillmore Ave.; thence northerly along Fillmore
Ave. approximately 1001 to a CONRAIL (Penn Central) rail line; thence easterly
along the CONRAIL (Penn Central) rail line approximately 9501 to an
intersection with a CONRAIL (Erie Lackawanna) rail line; thence southwesterly
along the CONRAIL (Erie Lackawanna) rail line to the intersection of Smith St.
and an imaginary line extended from Exchange St.; thence westerly along said
imaginary line of Exchange St. to VanRensselaer St.; thence southerly along
VanRensselaer St. to Perry St.; thence easterly along Perry st. approximately
700' to a CONRAIL (Erie-Lackawanna) rail line; thence southwesterly along said
CONRAIL (Erie-Lackawanna) rail line to Fulton St.; thence westerly along Fulton
St. to VanRensselaer St.; 'thence southerly along VanRensselaer St. to South
Park Ave.; thence westerly along South Park Ave. to Fitzgerald St., extended;
thence southerly along Fitzgerald St. to Mackinaw St.; thence westerly along
Mackinaw St. to Katharine St.; thence northerly along Katharine St. to South
Park Ave.; thence westerly along South Park Ave. to Red Jacket St.; thence
northerly along Red Jacket St. to Fulton St.; thence easterly along Fulton St.
approximately 400, to a CONRAIL (NY Central) rail line; thence northwesterly
along said CONRAIL (NY Central) rail line to the NYS Thruway, Niagara Section
(I-190); thence westerly along the NYS Thruway (I-190) to Hamburg St.; thence
northerly along Hamburg St. approximately 6001 to a CONRAIL (NY Central) rail
line; thence westerly along said CONRAIL (NY Central) rail line to Michigan
Ave.; thence northerly along Michigan Ave. to E. Tupper St.; thence westerly
along E. Tupper St. to Elm St.; thence southerly along Elm St. to Genesee St.;
thence westerly along Genesee St. to Oak St. ; thence northerly along Oak St.
to E. Tupper St.; thence westerly along E. Tupper St. to Main St.; thence
northerly along Main St. to Edward St.; thence westerly along Edward St. to
Virginia St.; thence southwesterly along Virginia St. to Keep Place; thence
northwesterly along Keep Place to West Tupper St.; thence northwesterly along
West Tupper St. to Malta Place; thence northwesterly along Malta Place to West
Ave.; thence southeasterly along West Ave. to Maryland St.; thence
southwesterly along Maryland to Busti Avenue; thence northwesterly along Busti
Avenue to Hudson St. ; thence northeasterly along Hudson St. to Cottage St;
thence southeasterly along Cottage St. to Virginia St.; thence easterly along
Virginia St. to Main St.; thence northerly along main St. to [High St.]
Goodrich Street and the point of beginning. Excluding the area bounded by
Hollister Street, Mortimer Street, West Peckham Street and Spring Street, also
known as Willert Park, and the area bound by Peckham Street, Stanton Street,
Paderewski Drive and Krettner Street.
SUB-ZONE 2: Portions of Census Tracts (C.T.) 36.00, 39.01, 39.02 and 42. More
fully described as follows: Beginning at a point on E. Amherst St. and the
westerly boundary of an abandoned CONRAIL (Erie-Lackawanna) rail R.O.W.,
approximately 300, east of the intersection of East Amherst St. and Manhattan
Ave.; thence easterly along E. Amherst St. to Clarence Ave.; thence southerly
along Clarence Ave. to Kensington Ave.; thence southwesterly along Kensington
Ave. approximately 300, to the easterly boundary of an abandoned CONRAIL
(Erie-Lackawanna) rail R.O.W.; thence southwesterly along the eastern boundary
of said CONRAIL (Erie-Lackawanna) rail R.O.W. to E. Delavan Ave.; thence
westerly along E. Delavan Ave. approximately [300'] 160' to the easterly
boundary of Tax Map Parcel No. 90.80-4-2 (aka 1055 Delavan Avenue): thence
southeasterly along the easterly boundary of said parcel No. 90.80-4-2 to its
southeastern corner; and thence and continuing in a southeasterly direction
along the easterly boundary of Tax Map parcel No. 90.80-4-3 (aka 1057 Delavan
Avenue) to its southeastern corner; thence westerly along the southern boundary
of parcel No. 90.80-4-3 to its southwestern corner and its intersection with
[to] an abandoned CONRAIL (Erie-Lackawanna) rail line; thence southerly along
said abandoned CONRAIL rail line to an imaginary line extended east and west
along Scajaquada St.; thence westerly along Scajaquada St. to Cornwall Avenue;
thence northerly along Cornwall Ave. to East Delavan Ave.; thence easterly
along E. Delavan Ave. to Norfolk Ave.; thence northerly along Norfolk Ave. to
the westerly boundary of an abandoned CONRAIL (Erie-Lackawanna) rail R.O.W.;
thence northwesterly along the western boundary of said abandoned CONRAIL
(Erie-Lackawanna) rail R.O.W. to E. Amherst St. and the point of beginning.
SUB-ZONE 3: Portion of Census Tract 3, Blocks 901 and 902. More fully
described as follows: Beginning at a point at the intersection of the southerly
shore of the Buffalo River and a CONRAIL (Erie-Lackawanna) rail line east of
Bertha St.; thence southwesterly along the CONRAIL (Erie-Lackawanna) rail line
and following a westerly branch of said rail line (abandoned) to the southerly
shore of the Buffalo River approximately 800, south of South Park Ave; thence
along the southerly shore of the Buffalo River to the CONRAIL (Erie-Lackawanna)
rail line and the point of beginning.
3. That the Mayor of the City of Buffalo, the Commissioner of Community
Development or any other appropriate officials of the City of Buffalo are
hereby authorized to execute any and all documents deemed necessary to effect
this resolution.
REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT.
No. 158
By: Mr. Zuchlewski
Traffic Plan for Elmwood Ave. Retail
Whereas: The Elmwood Ave. business corridor is quickly becoming
the hot spot of retail development and has already seen the opening of the
Super Saver Cinema, a new Valu Plaza, and a Tops Supermarket with additional
retail space added to its plaza, and
Whereas: A new Home Depot store will be opening within the next few months
with other large retailers such as Target and Wal-Mart looking at the Elmwood
Ave. strip, in addition to Wegman's Supermarket that has recently announced
plans to place a 100,000 square foot store on Amherst St. near Elmwood, and
Whereas: Concerns have been raised in the past regarding traffic congestion
at the Elmwood/Hertel intersection, adding to concerns that have been expressed
regarding possible future congestion on Amherst St. and the intersection of
Elmwood and Amherst, and
Whereas: The Hertel Ave. sewer line is already inadequate for present usage
creating historic problems throughout North Buffalo and its ability to handle
additional sewage from further development along this corridor should be
addressed, and
Whereas: This may just be the beginning of further development along Elmwood
Ave. and the surrounding area as more retailers are looking to return urban
areas
Now Therefore Be It Resolved:
That this Common Council request the Department of Public Works, the
Department of Community Development , the Buffalo Sewer Authority and Water
Authority to review the possible effects of this retail development on traffic
patterns, intersection congestion, safety factors in addition to infrastructure
needs and improvements to encourage further development and to minimize the
impact upon the surrounding neighborhoods.
ADOPTED.
No. 159
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 Sarah Nelson
By Councilmember Pitts
Felicitation for Lori Cochrane
By Councilmember Fahey
ADOPTED.
No. 160
By: Mr. Zuchlewski
Appointments Commissioner of Deeds
That the following persons are hereby appointed as Commissioner
of Deeds for the term ending December 31, 1996, conditional upon the person so
appointed certifying under oath to their qualifications and filing same with
the City Clerk:
Nancy Burgasser
Kenneth I. Cooper
Gail M. Dean
Alexander Elliott
Luanne C. Getter
Jayne Griffin
Anthony LaRusso Jennifer Lyons
Josephine S. Martin
Mary C. Morra
Beverly Ann Mume
Michael L. Muscarella
Sanford R. Perlmuter
Betty A. Pugh
Mary Ann Pyrak
Joan E. Smith
Louise B. Szymczak
Donna J. Vaccaro
Cynthia M. Voit
Mary Jane Wamer
Sandy E. Winkowski
Cheryl B. Sturtevant
ADOPTED.
No. 161
By: Mr. Zuchlewski
Appointments Commissioner of Deeds Required For The Proper Performance
of Public Duties
That the following persons are hereby.appointed as Commissioner
of Deeds for the term ending December 31, 1996 , conditional upon the persons
so appointed certifying under oath to their qualifications and filing same with
the City Clerk:
Peter Barone
Jesse J.Carmichael
Mary T. Hoefler Bridget M. Carpino
Joseph M. Mazza Angela J. Filippone
Sandra J. Metzler Thomasina Gallo
Sandra Mobley-Terry Kathleen A. Gregoire
Pamela L. Grzebielucha
Timothy P. Higgins John P. Hannon, Jr.
James E. Hornung Lawrence D. Jasinski
Linda A. Krempa Robert M. McNamara
Kathleen S. Kumro William P. Murphy
Michael A. Masiello Kathleen A. Palka
Dale F. Senn Andrew A. SanFilippo
David J. Shatzel Judy A. Winnert
Nancy J. Smith
Deborah S. Augustine Barbara Bolden
Suzanne V. Buffamanti Stanley H. Cieslar
Richard T. Donovan Julis A. Danahy
Madeline C. Marrone James R. Folan
Thomas R. Moulder, Thomas L. Franczyk
Nancy J. Schwendler Janice M. Gardner
Anne M. Steblein Gregory J.Hopkins
Denise J. Wray Terrance Lewis
Karen McKeague
Karen S. Barone Michael J. Norwood
Karen L. Dimitri Justyne Rakoczynski
Mae E. Jackson Catherine C. Roberts
Cheryl A. Martin Catherine Sexton
Lisa Nowak Alan P. Tober
Madonna L. Scoville
Joan A. Wickett
Deborah D. Boles
David A. Collins
Virginia J. Popiela David A. Franczyk
Evelyn J. Juncewicz
James W. Pitts
0. Randi Washington
Degenhart, James J.
Abram, Elijah Jr. Delano, Dennis A.
Acquino, Michael Delano, Paul R.
Adamek, Kenneth J. Delmont, Bruce D.
Ahern, Michael S. Denny, LauralAnn L.
Allen, Gail W. Derner, Warren G.
Amplement, George E. Devlin, Albert J.
Andolina, Ralph D. Dickinson, Sheila R.
Andrews, David J. Diina Rocco J.
Antonio, Mark S. Dill, Daniel R.
Arcara, Michael A. Domblisky, Warren D.
Armitage, THomas E. Donohue, Michael T.
Donovan, Gerald M.
Bagen, John M. Donovan, William C.
Baker, Timothy J. Donovan, Thomas, J.
Banmally, Susan L. Doyle, Richard P.
Barba, Anthony J. Doyle, Francis Jr.
Barone, Russell J. Dubiel, Peter M.
Bartoszewicz, Richard
Battaglia, George Jr. Eberhart, John C. Jr.
Bayerl, Lawrence R. Eberle, James H.
Bayerl, Martin H. Edwards, Richard W.
Beilein, Charles M. Evans, Renee
Berry, Donna M.
Betz, Marilyn Fagan, James M.
Bibb, Annette Fahey, William J.
Biehunik, Joseph F. Fahmer, Genevieve A.
Bienko, Kenneth M.
Blakita, John G. Farley, John P.
Blankenberg, Mark E. Farszmil, John J. jr.
Bohen, John M. Fatta, Carlo A.
Bowen, William E. Fay, Thomas E.
Bowers, Patricia A. Fenger, John P.
Bratos, Kenneth E. Figueroa, Daniel S.
Brill, John F. Filipowicz, Joseph M.
Brown, Kathleen A. Fitzpatrick, Mark J.
Burgstahler, Kenneth H. Flowers, Alicia M.
Bursie, Ernest W. Flowers, Michael J.
Frank, Harold F.
Calabrese, Robert L. Fraterrigo, Ann M.
Callari, Louis J. Fry, Donald R.
Campbell, Annette L. Fulston, William R.
Cannizzaro, Angelo T. Gaspar, Michael F.
Carducci, Paula P. Gawron, Anthony J.
Carlin, John F. Giammaresi, James P.
Carlo, Joseph L. Giardina, Christine M.
Carr, Mary E. Giardina, James F.
Caruso, David Gidney, Charles E.
Chella, Robert T. Gill, Timothy G.
Chiro, James Glica, Chester M.
Chwojdak, Gary Goins, Larry S.
Conwall, William P. Golston, Larry E.
Cook, Ronnie H. Gracie, Marvin P.
Cooper, Stacey B. Greenway, David J.
Coplin, Darlene C. Gugliuzza, Mary E.
Corcoran, Thomas J. Gullo, Anthony P.
Costantino, Anthony
Cotter, Edward M.
Cougevan, Michael P.
Crawford, Denise A.
Cray, Patrick A.
Cudney, James F.
Masecchia, Raniero
Hageman, William C. Jr. Masters, Roger C.
Hahn, David A. Masterson, Thomas J.
Hartrich, Joseph T. Matthews, Stephen
Hassett, Jeremiah S. Mattioli, Michael J.
Healy, Patrick J. McCann, James J.
Hernandez, Marcelino McCarthy, Patrick M.
Holloman, Cariol J. McCarthy, Robert G.
Holycross, Thomas M. McCarthy, Thomas J.
Hoppy, Paul H. McDonald, Timothy J.
Horn, Donald G. Sr. McGonagle, Bernard H.
Hunter, Ronald McGrath, John F. Jr.
McLeod, Patrick J.
James, Ivy A. McSwain, Donald R.
Jargiello, Gerald H. Meegan, Robert T.
Jeffries, Milton J. Meegan, Sean R.
Jones, Carl E. Meegan, Robert P. Jr.
Jones, Kerry F. Mesi, Joseph J.
Jordan, Johnnie S. Milazzo, Joseph J.
Judge, Michael D. Militello, Charles G.
Jurewicz, Martin J. Miller, Brian J.
Miller-Williams, Barbara
Kaempf, Mary P. Minor, Reginald
Kane, Mark J. Misztal, William J.
Keane, Kevin J. Montalvo, Alexander
Kelly, John E. Morales, Juan
Kelly, Kevin J. Morgan, Mark D.
Kenney, Robert M. Morrisey, Patrick J. Jr.
Kessler, Dennis J. Morrison, Donald T.
King, John P. Mullen, William J. Jr.
Krajewski, Lynda L. Murphy, Patrick C.
Krawczyk, Mark L. Musial, Joseph J.
Krempa, Kenneth L. Mussehl, Bruce L.
Krug, Thomas J. Nelson, Avery
Larke, Jimmie Nicosia, Steven J.
LaSura, Joseph Nigrelli, Joseph C.
Lauber, Mark J Nigro, Richard
Leatherbarrow, Thomas J.
Leggio, Michael S. O'Brien, Patrick E.
Lema, James A. O'Keefe, John J.
Lewis, Doris A. O'Malley, Thomas J.
Liberatore, Albert J. O'Mara, Patrick
Linehan, John P. O'Neil, Darryl
Lipinczyk, Carl A. Ortiz, Andres S.
Litwin, Harold Jr. O'Shei, Gary P.
Lonergan, James P. O'Sullivan, Evelyne A.
Losi, Salvatore P. Otto, Joseph F.
Lukaszewski, Carolyn D. Owens, Danny L.
Lustan, Frank W.
Lyon, Thomas R. Pace, Domonic R.
Lyons, Michael D. Panicali, Richard A.
Pantano, Pamela J.
Makowski, Mark Pelliter, Crystalea
Malecki, Leo W. Pelonero, Salvatore J.
Mann, David F. Jr. Penders, Robert J.
Mann, Patrick Pitts, Jimmie
March, Michael A, Plesac, Katherine A.
Maroney, James B. Prendergast, Anthony J.
Marren, Brian D.
Martin-Appleford, Kathleen D. Quigley, Patrick W.
Martinelli, Angelo Quintana, Robert
Rak, Genevieve A Taggert, Mark E.
Ramunno, Lawrence M. Tartaro, Mark J.
Ramunno, Philip A. Taylor, Dennis C.
Ranick, Christopher M. Teague, Gary E.
Redmond Daniel E. Telesco, Thomas M.
Reichmuth, Patrick W Teprovich, Thomas C.
Reinig, Paul W. Thomas, Chandra Y.
Repec, Joseph A Thomas, George W.
Rhodes, Roy C. Tighe, Thomas J.
Rich, Daniel A.
Ricigliano, Daryl J. Ulewski, Jacob J.
Riga, Joseph jr.
Rinaldo, Thomas A. Vaughn, Mark J.
Rindfleisch, Patrick J. Vazquez, Marcelino
Ring, Timothy D.
Rivera, David A. Veith, Kevin P.
Rizzo, Duane T. Vickerd, John T.
Rodriguez, Baudilio R. Vivian, Thomas M.
Rodriguez, David A.
Romer, Diane M. Wagstaff, Richard W.
Ruberto, Louis S. Wainwright, Ronald R.
Rydza, Leon A. Walker, Arnold G.
Rzemek, Daniel J. Walker, Sandra R.
Watkins, James R.
Sack, Margaret A Whalen, Robert F.
Sack, Raymond V. Williams, Danny
Sadlocha, Lawrence M. Williams, Gwendolyn L.
Salamone, Timothy J. Wilson, Charles E.
Salas, Arturo Wilson, Nadine
Wishman, Ronald E.
Sander, Ronald G. Wishman, Thomas J.
Santucci, Richard A. Woods, Richard D.
Sardina, Pasquale V. Wright, Gerald S.
Schack, Charles W. Wright, Nathanial Y.
Schindler Norman
Schleer, Robert J. Yeates, William R.
Schoenle, Gerald W. Young, Fred D.
Schuta, Michael
Scinta, Anthony R. Zabron, Raymond B.
Scioli, Timothy J.
Scott, Marcia C. Alba, David -D.
Sentiff, Martin J. Albanese, Nancy A.
Simonian, Barton Alvarado, Ruth
Simpson, Lucius L. Anderson, Barbara J.
Slomka, Cheryl A.
Smardz, Henry M. Blady, Marian C.
Smith, George E. Blundell, Nancy
Smith, Michael D Borkowski, James F.
Smith, Robin A. Brown, Sandra
Smith, Thomas C. Burvid, Margaret M.
Smith, William J. Byrne, Gregory C.
Smith, William M.
Sperazz, Joseph V. Cairns, Suzanne E.
Stambach, Mark R. Carier, Charles P.
Strano, Joseph F. Carothers, Noreen M.
Streicher, Andrew J. Chestnut, Lynell W.
Sullivan, Daniel F Chisholm, Malinda C.
Sullivan, Paul F. Clark, Sandra L.
Suto, Kevin P. Connolly, Nancy A.
Swain, Patrick D. Cosimano, Pamela A.
Szafranski, Leonard Craig, Linda D.
Taggert, Mark B
Rak, Genevieve A.
Ramunno, Lawrence M. Tartaro, Mark J.
Ramunno, Philip A. Taylor, Dennis C.
Ranick, Christopher M. Teague, Gary E.
Redmond Daniel E. Telesco, Thomas M.
Reichmuth, Patrick W. Teprovich, Thomas C.
Reinig, Paul W. Thomas, Chandra Y.
Repec, Joseph A. Thomas, George W.
Rhodes, Roy C. Tighe, Thomas J.
Rich, Daniel A.
Ricigliano, Daryl J. Ulewski, Jacob J.
Riga, Joseph Jr.
Rinaldo, Thomas A. Vaughn, Mark J.
Rindfleisch, Patrick J. Vazquez Marcelino
Ring, Timothy D. Veith, Kevin P.
Rivera, David A.
Rizzo, Duane T Vickerd, John T.
Rodriguez, Baudilio R. Vivian, Thomas M.
Rodriguez, David A. Wagstaff, Richard W.
Romer, Diane M. Wainwright, Ronald R
Ruberto, Louis S. Walker, Arnold G.
Rydza, Leon A.
Rzemek, Daniel J. Walker, Sandra R.
Watkins, James R.
Sack, Margaret A. Whalen, Robert F.
Sack, Raymond V. Williams, Danny
Sadlocha, Lawrence M. Williams, Gwendolyn
Salamone, Timothy J. Wilson, Charles E.
Salas, Arturo Wilson, Nadine
Wishman, Ronald E.
Sander, Ronald G. Wishman, Thomas J.
Santucci, Richard A. Woods, Richard D.
Sardina, Pasquale V. Wright, Gerald S.
Schack, Charles W. Wright, Nathanial Y.
Schindler, Norman
Schleer, Robert J. Yeates, William R.
Schoenle, Gerald W. Young, Fred D.
Schuta, Michael
Scinta, Anthony R. Zabron, Raymond B.
Scioli, Timothy J.
Scott, Marcia C. Alba, David D.
Sentiff, Martin J. Albanese, Nancy A.
Simonian, Barton Alvarado, Ruth
Simpson, Lucius L. Anderson, Barbara J.
Slomka, Cheryl A.
Smardz, Henry M. Blady, Marian C.
Smith, George E. Blundell, Nancy
Smith, Michael D. Borkowski, James F.
Smith, Robin A. Brown, Sandra
Smith, Thomas C. Burvid, Margaret M.
Smith, William J. Byrne, Gregory C.
Smith, William M.
Sperazz, Joseph V. Cairns, Suzanne E.
Stambach, Mark R. Carier, Charles P.
Strano, Joseph F. Carothers, Noreen M.
Streicher, Andrew J. Chestnut, Lynell W.
Sullivan, Daniel F. Chisholm, Malinda C.
Sullivan, Paul F. Clark, Sandra L.
Suto, Kevin F. Connolly, Nancy A.
Swain, Patrick D. Cosimano, Pamela A.
Szafranski, Leonard Craig, Linda D.
Daniel, Deborah R. Sikorski, Janet V.
Dean, Tracy A. Smith, Diane M.
DeGraffenried, Christine Struzik, Rita J.
Demps, Valerie M. Szymanski, Bridget A.
Denecke, Patricia A.
DiPasquale, Christine Thomas, Robbin M.
Dragone, Margaret Tomlin, Elouise
Duncan, Mable M. Vacanti-Guidice, Sharon
Fitzgerald, Laurie A.
Fusco, Diane M. Wacienga, Janet M.
Walek, Mary C.
Galante, Paola R. Wilhelm, Joseph R.
Ganci, Linda M. Williams, Debra A.
Gordon, Dennis M. Wrest, Patricia N.
Graves, Michele A.
Griggs, Marlene L. Zelak, Nancy J.
Groves, Patricia R.
Hanley, MaryBeth
Hearon, Dana L.
Hornberger, Debra
Hubbard, Patricia A.
Jones, Joanne M.
Jones, Mary C.
Kistka, Nancy A.
Koch, Patricia J.
Kowal, Eileen M.
Kubik, Jane A.
Kwiatkowski, Fay
Lanc, Marilyn F.
Licata, Joanne M.
Malachowski, Carole T.
McCrea, Kathleen
McDonald, Linda M.
McGrath, Colleen A.
Mihalics, Donna
Militello, Donna
Miller, Jamie A.
Muranyi, Karen E.
Murphy, Janet M.
Noreck, Paul
O'Brien, Barbara A.
Panikowski, Helen V.
Paul, Kathleen M.
Paulisczak, Anne E.
Redmond, Margaret H.
Reilly, Patricia A.
Rich, Donna M.
Riexinger, Joy L.
Rogers, Frances A.
Salas, Sherry
Schneider, Laura J.
Schuster, Mary Pat
Serafini, Yvonne M.
Shapiro, Mitchell B.
ADOPTED.
UNFINISHED BUSINESS
No. 162
Bond Resolution - $200,000 - Handicapped Ramps
(No. 206, C.C.P., Nov. 15,1994)
Mr. Pitts moved that the above item be taken from the table.
Seconded by Mr. Fahey.
CARRIED.
Mr. Pitts now moved approval of the above item. Seconded by Mr. Coppola.
PASSED.
AYES- 11 NOES- 0.
No. 163
Bond Resolution - $250,000 - Playground Rehab.
(No. 207, C.C.P., Nov. 15, 1994)
Mr. Pitts moved that the above item be taken from the table.
Seconded Mr. Zuchlewski.
CARRIED.
Mr. Pitts now moved approval of the above item. Seconded by Mr. Perla.
PASSED.
AYES- 11 NOES- 0.
No. 164
Announcement Of Committee Meetings
The following meetings are scheduled. All meetings are held in
the Council Chambers, 13th floor, City Hall, Buffalo, New York, unless
otherwise noted.
Regular Committees
Claims Tuesday, December 6, 1994 - 9:00 A.M.
Civil Service Tuesday, Dec 6, 1994 - following Claims
Finance Tuesday, December 6, 1994 - following Civil
Legislation Tuesday, December 6, 1994 2:00 PM
Economic Dev. Wednesday, December 7, 1994, 10:00 AM
U. R. Agency Wednesday, Dec 7, 1994 following Ec. Dev.
Ancillary Committees
Stad/Aud Task Force Thurs, Dec 1, 1994, Rm. 1417 - 10:00 A.M
No. 165
Adjournment
On a motion by Mr. Pitts, Seconded by Mr. Perla the Council adjourned
at 3: 10 p.m.
Charles L. Michaux, III
City Clerk