HomeMy WebLinkAbout94-1213
1No. 23
Common Council
Proceedings
of the
City of Buffalo
Regular Meeting, December 13, 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, December 13, 1994
at 2:00 P.M.
PRESENT- George K. Arthur, President of the Council, and Council
Members Bell, Collins, Coppola, Czajka, Fahey, Franczyk, Helfer, Lockwood,
LoTempio, Perla, Pitts, and Zuchlewski- 13.
ABSENT- None.
On a motion by Mr. Pitts, seconded by Mr. Coppola, the minutes of the stated
meeting held on November 29, 1994 were approved.
FROM THE MAYOR - EXECUTIVE DEPARTMENT
FROM THE CITY PLANNING BOARD
No. 1
Diocese of Buffalo - Request To Convert A Rectory Into
A Halfway House at 137 Mulberry
Item No. 87, C.C.P., October 18, 1994
The City Planning Board at its regular meeting held Tuesday, December
6, 1994, voted to receive and file the matter captioned above, since your
Honorable Body has approved same at your meeting of November 11, 1994, Item No.
115.
RECEIVED AND FILED.
No. 2
Marine Midland Bank - Request To Replace An Existing Pole Sign At 1726 Hertel
Avenue
Item No. 80, C.C.P., November 29, 1994
The City Planning Board at its regular meeting held Tuesday, December
6, 1994, considered the above request pursuant to Section 387-19 of the Buffalo
Code, Review of Pole Signs.
The applicant seeks to erect an illuminated, accessory, pole sign which
will measure 6 feet by 7 feet, or 42 square feet in sign face area and will be
17 feet in overall height. The sign will replace an existing larger pole sign.
The site is located within a C1 zone which does not permit such signs,
therefore, the applicant has petitioned the Zoning Board of Appeals for relief.
Under SEQR the proposed sign may be considered a Type II action which does not
require further environmental review.
The Planning Board voted no objection to the proposed sign since it will
replace a previously permitted pole sign.
RECEIVED AND FILED.
No. 3
Len-Co Lumber - Request To Place An Illuminated
Non Accessory Sign at 1374 Seneca Street
Item No. 78, C.C.P., November 29, 1994
The City Planning Board at its regular meeting held Tuesday, December
6, 1994, considered the above application pursuant to Sections 387-19 and
511-104,C,(2)c of the Buffalo Code, Review of Billboards and Billboard
Regulations.
The applicant seeks to erect an illuminated non accessory sign with a
face area of 672 square feet and a height of 30 feet above the elevated section
of the N.Y.S. Thruway (Niagara Section).
The City Planning Board voted to deny the request since the proposed sign
will be less than 200 feet from another non accessory sign on the same side of
the Thruway. The Buffalo Code calls for a 1000 foot separation between such
signs.
RECEIVED AND FILED.
FROM THE BOARD OF PARKING
No. 4
Security In And Around City Hall
Item No. 141, C.C.P. 11/29/94
The City of Buffalo owns the Charles R. Turner parking ramp across
the street from City Hall. It is operated by Buffalo Civic Auto Ramps Inc.
(B.C.A.R.)
B.C.A.R. has a contract with RJD Security Inc. to provide guard services
in all the city-owned ramps they operate. The guard schedule in the Turner
ramp is from 11:30 A.M. to 5:30 P.M. Monday to Friday (every 3rd Wednesday till
10:00 P.M. for Small Claims Court). The guard on duty is required to make
three (3) rounds per hour and to record these rounds at seven (7) Detex Clock
stations located throughout the facility.
Beginning December 1, 1994, the Erie County Sheriff's Department will
begin parking official police vehicles in the Turner ramp between 7:30 a.m. -
10:00 a.m. and 3:00 p.m. - 6:00 p.m. This is modeled on a successful program
of parking official Buffalo Police Department vehicles in the Main Place mall
ramp (using the Franklin Street tunnel entrance under the Rath Building). The
presence of these police vehicle in the ramps has lead to an increased comfort
level and perception of security on the part of the general public.
The Charles R. Turner ramp has not had a reportable incident in the past
several months. The overall security in the downtown ramps is excellent, with
reportable incidents sporadic, and with specific trends associated with them.
B.C.A.R. and R.J.D. Security have implemented successful strategies to combat
these trends.
REFERRED TO THE COMMITTEE ON FINANCE.
FROM THE PRESERVATION BOARD
No. 5
Draft E.I.S./Hearing Notice
Proposed Demolition - Great Northern Elevator
(Pillsbury Mills, Inc.), 250 Ganson Street
The following Notice of Completion of a Draft Supplemental Environmental
Impact Statement and Notice of SEQRA hearing are being filed with your
Honorable Body pursuant to Part 617, Section 8 of the implementing regulations
pertaining to Article 8 (State Environmental Quality Review Act) of the
Environmental Conservation Law.
REFERRED TO THE COMMITTEE ON LEGISLATION.
FROM THE BOARD OF ETHICS
No. 6
Favor Ordinance Amendment-Gifts
Please be advised that the Board of Ethics at its regular meeting
of December 6, 1994 considered and approved the proposed Ordinance Amendment
referred to above. We also recommend that 12-11 of the Code, which defines
"gifts" be amended to include the definition of that term as proposed in the
new Part A.5.
We are grateful for your prompt attention to this matter
REFERRED TO THE COMMITTEE ON LEGISLATION.
FROM THE COMPTROLLER
No. 7
Certificate of Determination
$79,500,000 Revenue Anticipation Note Sale
CERTIFICATE OF DETERMINATION BY THE COMPTROLLER AS TO THE AUTHORIZATION,
ISSUANCE, FORM AND CONTENT, SALE AND AWARD OF $79,500,000 REVENUE ANTICIPATION
NOTES - 1994/1995 A OF THE CITY OF BUFFALO, NEW YORK
The Notes are hereby sold at private sale to Donaldson, Lufkin, &
Jenrette Securities Corp., New York, New York, as managing Underwriter on
behalf of itself and other underwriters pursuant to the Contract of Purchase
dated December 1, 1994, between said Managing Underwriter and the City. The
Notes will be dated December 6, 1994 and will bear interest at the rate (5.00%)
per annum, payable on July 12,1995.
The Notes will be delivered and shall be paid for on or about December 6,
1994 in New York, New York.
An Official Statement may be obtained from the offices of the financial
advisor to the City, Government Finance Associates, Inc. of New York, in New
York, at (212) 809-5700, or the office of the Comptroller, Room 1225 City Hall,
Buffalo, New York, at (716) 851-5255.
RECEIVED AND FILED.
No. 8
Certificate of Necessity
Transfer Of Funds
Water Division - Exempt Items
Water Division - Servicing Automotive Equipment
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 $17,000 be transferred and reappropriated from Water - Exempt
Items, as set forth below:
The amount to be transferred represents an unexpended balance of items
contained in tile budget for the current fiscal year and will not be needed at
this time for the purpose for which they were appropriated.
Dated: Buffalo, NY, December 8, 1994
RECEIVED AND FILED.
No. 9
Certificate of Necessity
Increased Appropriation
City Revenue
Division of Collections
We, Anthony M. Masiello, Mayor and Joel A. Giambra, Comptroller,
do hereby certify pursuant to Section 41 of the Charter, that an increase in
the sum of $40,000 in the estimates for the fiscal year beginning July 1, 1994
is necessary in Appropriation Allotments - Department of Audit and Control,
Division of Collections, to meet a contingency which could not have been
reasonably foreseen when the budget was adopted. The amount of increased
appropriation will be met from an increase of $40,000 in the General Fund City
Revenue account 100-04-4, 402-61400 Collection Processing Charges not otherwise
appropriated for any other purpose. The detail of the requirements are set
forth below:
Dated: Buffalo, NY, December 8, 1994
RECEIVED AND FILED.
No. 10
Inability To Attend Finance Meeting
Audits Performed 1990-1994
Item #16, C.C.P. November 1, 1994
I received notification this date from Council Staff requesting
my attendance at the Finance Committee on December 6th.
Please be advised that I will be out of town on a family matter that week
and will be unavailable. I would appreciate your notifying me as to when this
item has been rescheduled for discussion.
RECEIVED AND FILED.
No. 11
Report Of Audit
Buffalo Police Department
Federal Asset Forfeiture Account
In response to the directive requiring the Comptroller to file
audit reports with the Common Council, I hereby submit our report on the
Buffalo Police Department's Federal Asset Forfeiture Account for the period of
July 1, 1991 through June 30, 1994.
An exit conference was held on November 17, 1994, with the Police
Commissioner and a member of his staff. The contents of the report were
discussed.
The report discloses material instances of noncompliance with Federal
guidelines pertaining to the accounting for seized assets and forfeited
property. Although action has been taken to bring the Department in compliance
with the latest Federal Asset Forfeiture guidelines, further action is needed.
(See page 10 of the report.)
REFERRED TO THE COMMITTEE ON FINANCE AND THE COMMISSIONER OF POLICE.
FROM THE PRESIDENT OF THE COUNCIL
No. 12
Appt. Chairman Of Police Reorganization Committee
This is to inform you that I am hereby appointing the Hon. David
J. Czajka, Council Member of the Lovejoy District, as Chairperson of the Police
Reorganization Committee to replace Councilmember-At-Large Eugene M. Fahey.
RECEIVED AND FILED.
FROM THE COMMISSIONER OF ASSESSMENT
No. 13
Reply To Liquor License Applications
Item No. 75, C.C.P. 11/01/94
We reviewed our tax files to determine if the individual and/or
corporation applying for a liquor license owes real property tax, newer rent,
local assessment and occupancy tax. According to our records, please be
advised of the following:
1) 2075 Delaware assessed to Atlantic Refining & Marketing Corp., 1801
Market Street, Philadelphia, Pennsylvania. Our records show that the July
1994-95 first-half tax and sewer rent are paid. The 1994-95 second-half tax
($4,424.98) in due 01-03-95. The occupancy tax is paid. We do not show a local
assessment or ownership of property in the City of Buffalo under the name of
the applicant/tenant T.A.S. Gas, Inc.
2) 486 Elmwood assessed to Nick Rotrides, 486 Elmwood Avenue, Buffalo, New
York 14222. Our records show that the July 1994-95 first-half tax and sewer
rent is paid. The 1994-95 second-half tax ($2,438.26) is due 01-03-95. The
occupancy tax is paid. We do not show a local assessment or any other
ownership of property for this applicant in the City of Buffalo.
3) 1077 E. Ferry assessed to James T. Cooperwood & One, 1077 E. Ferry,
Buffalo, New York 14211. Our records show the following City taxes and sewer
rent unpaid on the following parcels assessed to James T. Cooperwood as of
11-09-94:
1077 E. Ferry
1993-94 City tax $903.65
1994-95 First half City tax 742.18
1994-95 Sewer Rent 57.80
(Interest computed as of November 30, 1994.)
7 Frederick
1992-93 City tax 294.24
1993-94 City tax 283.24
1994-95 First half City tax 112.28
1994-95 Sewer Rent 19.17
(Interest computed as of November 30, 1994.)
The occupancy tax is paid on the above parcels.
Under the applicants' names of Johnny and Margaret Cooperwood, our
records show the following parcels with City tax and sewer rent unpaid as of
November 9, 1994:
1081 E. Ferry
1992-93 City Tax $1,847.93
1993-94 City Tax and Sewer Rent 1,433.80
1994-95 First half City tax 570.91
1994-95 Sewer Rent 44.47
1155 Jefferson
1993-94 City Tax and Sewer Rent $1,237.40
1994-95 First half City tax 492.17
1994-95 Sewer Rent 38.33
1162 Jefferson
1993-94 City Tax and Sewer Rent 746.47
1994-95 First half City Tax 295.30
1994-95 Sewer Rent 23.00
(Interest computed on the above parcels as of 11-30-94.)
Of the above parcels, only 1155 Jefferson has an occupancy tax owing in
the amount of $50.40.
Under the applicants name of Johnny Cooperwood and wife, our records show
the following:
222 Olympic - The July 1994-95 First half City tax and Sewer Rent is
paid. The 1994-95 Second half City tax ($379.07) is due 01-03-95. The
occupancy tax is paid.
Under the name Cooperwoods Transportation, Inc. our records show the
following parcel with City tax and Sewer Rent unpaid as of November 9, 1994:
1153 Jefferson
1993-94 City Tax $106.27
1994-95 First half City Tax 39.97
1994-95 Sewer Rent 3.11
(Interest computed as of 11-30-94.)
The occupancy tax is paid.
We do not show a local assessment on any of the above parcels.
4) 44 Allen Street assessed to Jack Heisler, 191 Old Farm Circle West,
Amherst, New York 14221. Our records show the following City tax and newer
rent unpaid as of 11-09-94:
1992-93 City tax $1,338.48
1993-94 City tax and Sewer Rent 5,189.72
1994-95 first half City tax 2,076.94
1994-95 Sewer rent 161.75
(Interest computed an of 11-30-94.)
The occupancy tax in the amount of $31.50 is unpaid. We do not show a
local assessment or any other ownership for the applicant, Mickey's Grille, in
the City of Buffalo.
5) 274 Delaware assessed as 262 Delaware and assessed to Touraine Apartments
Associates, NYS Housing Finance Agency, 641 Lexington Avenue, New York, New
York. Our records show that the July 1994-95 first half tax and sewer rent is
paid. The 1994-95 second half tax ($35,184.88) is due 01-03-95. The occupancy
tax is paid. We do not show a local assessment or ownership of property in the
City of Buffalo under the applicant's business name of Underground, Inc., nor
could we find any conclusive ownership under the applicant's name of Thomas P.
Murphy, President.
6) 1519 Hertel Avenue assessed to Angelo S. Albert, 1519 Hertel Avenue,
Buffalo, New York 14216. Our records show that the July 1994-95 first half tax
is paid. The sewer rent in the amount of $333.17 remains unpaid as of 11-9-94
(interest computed as of 11-30-94). The 1994-95 second half City tax
($3,924.68) is due 1-3-95. The occupancy tax is paid. We do not show a local
assessment or ownership of property for the applicant, MT Pockets, Inc. in the
City of Buffalo.
7) 1172 Broadway assessed to John A. Raczynski & wife, 1172 Broadway,
Buffalo, New York 14212. Our records show the July 1994-95 first half City tax
and sewer rent is paid. The 1994-95 second half tax ($567.12) in due 1-3-95.
The occupancy tax is paid. We do not show a local assessment on this property.
Under the applicant's name of Mohamed S. Ahmed, our records show the
following parcel with City tax and sewer rent unpaid as of 11-9-94:
327 Peckham
1993-94 City tax and Sewer Rent $1,443.62
The July 1994-95 first half City tax and sewer rent is paid. The 1994-95
second half City tax ($527.38) is due 1-3-95. The occupancy tax is paid.
There is no local assessment.
8) 45 Court Street assessed an 41 Court Street and assessed to 43 Court
Street Realty Co., 43 Court Street, Buffalo, New York 14202. Our records show
that the July 1994-95 first half City tax and newer rent in paid. The 1994-95
second half City tax ($40,872.33) is due 1-3-95. The occupancy tax is paid.
We do not show a local assessment or ownership of property for the applicant,
Harvest Moon Cafe or its owner, Nancy E. Braun in the City of Buffalo.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 14
Rich Products - Use 22 Gelston Street for Parking
Item No. 99, C.C.P. 11/01/94
For fiscal year 1994-95 the Gelston Street properties listed below
generate the following real property taxes for the City of Buffalo.
Assessment
Address Land Improv Total X Homestead = City
Taxes
Tax Rate
22 Gelston 2,400 28,300 30,700 16.48 $459.62
38 Gelston 3,200 41,600 44,800 16.48
$738.36
40 Gelston 3,200 36,700 39,900 16.48
$657.60
44 Gelston 4,300 20,700 25,000 16.48
$206.02
48 Gelston 4,200 34,900 39,100 16.48
$644.42
50 Gelston 4,200 29,100 33,300 16.48
$548.82
Totals $21,500 $191,300 $212,800 $3,254.00
If the improvements are demolished on the aforementioned Gelston Street
properties and the land is paved for parking and the aforementioned parcels are
combined into one parcel and placed in the non-homestead category, the real
property taxes would be approximately as follows:
Address Land Improv Total X Non Homestead City Taxes
Tax Rate
22-50 Gelston $40,000 $22,000 $62,000 36.12 $2,239.00
Therefore, as a result of the demolition of the improvements on the
aforementioned properties and the addition of paving to the land, the net
result in City taxes would be a loss of approximately $1,015.00.
REFERRED TO THE COMMITTEE ON LEGISLATION.
FROM THE COMMISSIONER OF PUBLIC WORKS
No. 15
Notification Serial No. 8422
Repeal of No Standing
on W. Mohawk Street, north side
between Delaware Avenue and S. Elmwood Avenue
NO STANDING - REPEAL
In conformity with Section 49 of Chapter 479 of the Ordinances of the
City of Buffalo, the City Engineer hereby notifies your Honorable Body of this
action supplementing, amending or repealing existing provisions of Chapter 479
of the Ordinances, as stated below, to be effective forty-five days after the
first Council meeting at which they appear on the agenda as an item business.
That that part of Subdivision 22 of Section 15 of Chapter 479 of
Ordinances of the City of Buffalo be supplemented by repealing therefrom the
No Standing
following:
PROHIBITED PRTN HIGHWAY PROHIBITED PD - DAILY
W. Mohawk, north side No Standing Anytime
between Delaware Ave and
S. Elmwood Avenue
This action is being taken to provide additional on-street metered
parking for businesses in the area.
Notification Serial No. 8423
Repeal of No Standing on South Division Street, south side opposite Public
School No. 6
NO STANDING - REPEAL
In conformity with Section 49 of Chapter 479 of the Ordinances of the
City of Buffalo, the City Engineer hereby notifies your Honorable Body of this
action supplementing, amending or repealing existing provisions of Chapter 479
of the Ordinances, as stated below, to be effective forty-five days after the
first Council meeting at which they appear on the agenda as an item business.
That that part of Subdivision 22 of Section 15 of Chapter 479 of
Ordinances of the City of Buffalo be supplemented by repealing therefrom the
No Standing
following:
PROHIBITED PRTN HIGHWAY PROHIBITED PD - DAILY
South Division St, south side No Standing Anytime
beginning 15' east of the west building
line of Public School No. 6 extended
and 50' east therefrom
This action is being taken to provide additional on-street parking for
residents in the area and to provide uniformity and consistency with adjacent
regulations on South Division Street.
Notification Serial No. 8424
Install No Parking on
South Division Street, north side
between Grosvenor Street and Jefferson Avenue
NO STANDING - INSTALL
In conformity with Section 49 of Chapter 479 of the Ordinances of the
City of Buffalo, the City Engineer hereby notifies your Honorable Body of this
action supplementing, amending or repealing existing provisions of Chapter 479
of the Ordinances, as stated below, to be effective forty-five days after the
first Council meeting at which they appear on the agenda as an item business.
That that part of Subdivision 24 of Section 15 of Chapter 479 of
Ordinances of the City of Buffalo be supplemented by adding thereto the
No Parking
following:
PROHIBITED PRTN HIGHWAY PROHIBITED PD - DAILY
South Division St, north side No Parking Anytime
between Grosvenor St
and Jefferson Avenue
This action is being taken to provide uniformity and consistency with
adjacent parking regulations on South Division Street. This will not adversely
effect on-street parking in this area.
Notification of Serial #8425
Repeal of Traffic Control Signal
South Division and Pine Streets
TRAFFIC CONTROL SIGNALS - REPEAL
Whereas, the Department of Public Works - Traffic Section has performed a
traffic study of this area; and
Whereas, this study found that stop control in the form of stop signs is
already present in this intersection; and
Whereas, the signal in this intersection has been operating in a
"'flash-mode" since August 19, 1982; and
Whereas, there is no accident history at this location to support the
continued use of this signal; and
Whereas, the removal of this signal installation will effectively reduce
operating and maintenance costs of the City of B not jeopardizing the safety of
its residents:
Therefore, in conformity with Section 49 of Chapter 479 of the Ordinances
of the City of Buffalo, the City Engineer her your Honorable Body of this
action supplementing, amending or repealing existing provisions of Chapter 479
Ordinances, as stated below, to be effective forty-five (45) days after the
first Council meeting at which they agenda as an item of business.
That that part of Section 36 of Chapter 479 of the Ordinances of the City
of Buffalo be amended by repealing therefrom following:
TRAFFIC CONTROL SIGNALS
Intersection of South Division Street and Pine Street
IS HEREBY REPEALED.
Notification of Serial #8426
Repeal of Traffic Control Signal
South Division and Spring Streets
TRAFFIC CONTROL SIGNALS - REPEAL
Whereas, the Department of Public Works - Traffic Section has performed a
traffic study of this area; and
Whereas, this study found that stop control in the form of stop signs is
already present in this intersection; and
Whereas, the signal in this intersection has been operating in a
"'flash-mode" since August 19, 1982; and
Whereas, there is no accident history at this location to support the
continued use of this signal; and
Whereas, the removal of this signal installation will effectively reduce
operating and maintenance costs of the City of Buffalo while not jeopardizing
the safety of its residents;
Therefore, in conformity with Section 49 of Chapter 479 of the Ordinances
of the City of Buffalo, the City Engineer hereby notifies your Honorable Body
of this action supplementing, amending or repealing existing provisions of
Chapter 479 of the Ordinances, as stated below, to be effective forty-five (45)
days after the first Council meeting at which they appear on the agenda as an
item of business.
That that part of Section 36 of Chapter 479 of the Ordinances of the City
of Buffalo be amended by repealing therefrom the following:
TRAFFIC CONTROL SIGNALS
Intersection of South Division Street and Spring Street
IS HEREBY REPEALED.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 16
Associated Healthcare
Request for Handicapped Parking
1031 Main Street
Item No. 82, C.C.P. 11/01/94
Item No. 26, C.C.P. 10/18/94
Item No. 62, C.C.P. 06/14/94
This is in response to Item #82 of November 1, 1994. In this
item Associated Healthcare, operators of a business at #1031 Main Street, again
requested that handicapped parking be installed in front of their business.
Please be advised that the Department of Public Works reviewed this request and
responded to Your Honorable Body (Item #26) in October 1994.
We have reinvestigated the site, and the location in question, the
southeast corner of Main Street and East North Street, still contains a lighted
glass-enclosed NFTA Metro Bus shelter. My department has no objection to
installing a handicapped parking zone for Associated Healthcare, however, they
must have the NFTA remove the bus stop and shelter before we can proceed.
Therefore, until such time as this bus stop/shelter is removed/relocated,
my department can not install handicapped parking in front of #1031 Main
Street.
RECEIVED AND FILED.
No. 17
Reconstruction of Bailey Ave.
Dingens to William Street
PIN 5307.68
Item No.25, C.C.P. 11/12/91
Item No. 19, C.C.P. 02/02/93)
I hereby request that Your Honorable Body allow the Mayor to enter
into new supplemental agreements for right-of-way acquisition and preliminary
engineering.
The supplemental agreement for right-of-way acquisition is necessary
because the current estimated cost of the right-of-way acquisition phase is
less than the cost used for the original right-of-way acquisition agreement.
The original agreement was based upon the assumption that $15,500 of
Marchiselli funds appropriated for preliminary engineering would be used to
supplement the $222,000 Marchiselli appropriation for right-of-way acquisition.
The most recent estimate for right-of-way acquisition does not require a
supplement because the estimated acquisition cost has an associated Marchiselli
reimbursement that would not exceed the $222,000 appropriation. The $15,500 of
preliminary engineering funds designated for right-of-way acquisition under the
original agreement will now be used for the preliminary engineering phase, for
which these funds are now needed.
The current right-of-way acquisition estimate is $1,168,421. The federal
share of this cost is $876,315.75, and the non-federal share $292,105.25. The
City has already deposited $312,500 for right-of-way acquisition, so no
additional deposit is necessary for the acquisition agreement.
The excess amount deposited ($20,394.75) for right-of-way acquisition
will be used toward the deposit necessary for the preliminary engineering
supplemental agreement.
The supplemental agreement for preliminary engineering is necessary to
incorporate a $72,000 Marchiselli appropriation, and to cover the full cost of
design phases I through VI, including right-of-way incidentals. The estimated
total cost of preliminary engineering is $1,136,842.10, with the federal and
non-federal shares being $852,631.57 and $284,210.53, respectively. The City
has already deposited $250,000 through previous agreements for preliminary
engineering and right-of-way incidentals. The City must commit to depositing
the remaining non-federal share, equal to $34,210.53. However, the balance from
the over-deposit for right-of-way acquisition will be used toward the
preliminary engineering non-federal share deposit, so that the actual amount of
additional deposit will be $13,815.78 ($34,210.53) minus $20,394.75).
REFERRED TO THE COMMITTEE ON FINANCE AND THE CORPORATION COUNSEL.
No. 18
Permission to Prepare Specifications and Advertise Proposals for the Purchase
of Traffic Signal Equipment
I hereby request permission from Your Honorable Body to prepare
specifications and advertise for scaled proposals for the item specified below:
Purchase of Traffic Signal Equipment - 1994-95
Funds for this project will be available in Capital Project Fund
#200-401-507-00-000.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 19
Emergency Repairs
Michigan Avenue Lift Bridge
The Division of Water discovered a leaking 45 degree bend projecting
from the Buffalo River Abutment at the south end of the Michigan Avenue Lift
Bridge. Because the 16" pipe requires access for repair from the river as well
as excavation at the concrete abutment requiring sheeting and shoring, our need
to contract for this repair was necessary. The Division of Water was unable to
make these repairs and due to the winter weather setting in, it is necessary
for these repairs to be made as soon as possible.
Informal bids were received from the following companies for this work:
Kandey Company, Inc.
19 Ransier Drive
West Seneca, New York $18,700.00
Mar-Wal Construction Company, Inc.
440 Gould Avenue
Depew, New York 14049 $19,480.00
Nichter Construction Company, Inc.
344 Vulcan Street
Buffalo, New York 14207 $21,364.00
Paul J. Gallo Contracting
PO Box 453
East Amherst, New York 14051 $39,000.00
The Division of Water has accepted the proposal from Kandey Company, Inc.
for the repairs to the 16" watermain at the Michigan Avenue Lift Bridge in the
amount of $18,700.00.
Funds for this work are available in the Division of Water's
416-982-004-00-000 account.
This communication is for your informational purposes only.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 20
Change in Contract - Change Order No. 1
Debris Removal from Emerald Channel Intake
City Contract No. 91774800
I hereby submit to your Honorable Body the following Change Order
No. 1 with Oceaneering Technologies for work relating to Debris Removal from
the City of Buffalo's Emerald Channel Intake Structure, Contract No. 24, City
Contract No. 91774800:
New Work Item
Purchase of intake isolation system to be stored within the Emerald
Channel intake structure. Increase: $8,000.00
Costs have been reviewed by the Department of Public Works and the
Consulting Engineer and found to be fair and equitable.
The purchase of the isolation system utilized under this project will
reduce costs of isolating the intake on future projects to install perimeter
sluice gates. This change order constitutes full compensation for all labor,
materials, equipment and other items relative to the work proposed.
SUMMARY:
Original amount of contract $187,004.00
Amount of Change Order No. 1- Increase 8,000.00
Current Amount of Contract $195,004.00
Funds in the amount of $8,000.00 are available in the Division of Water's
416-Capital Project Fund, 982-009-00-000 account.
I recommend the above change order and it is respectfully requested that
your Honorable Body authorize the Commissioner of Public Works to issue a
change order as set forth above.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 21
Change in Contract Order #2
Painting of Street Light Standards 1993-94
Contract #91745500
We are requesting this change order due to the favorable unit
prices that were received to paint light standards. This change order includes
standards on Niagara, William and Breckenridge that were inadvertently missed
when designating standards to be painted.
This change order covers an additional 79 light standards and eliminates
gaps of unpainted standards on these streets. Funds for this additional work
are available in Bond Account 200-401-507-00-000.
Original Amount of Contract: $112,806.24
Change Order #1 - add 12,193.76
Change Order #2 - add 1,850.49
NEW CONTRACT SUM $126,850.49
I hereby request that your Honorable Body approve the change order and
authorize the Commissioner of Public Works to issue said change order to E & M
Star Painting, Inc.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 22
Certificate Of Appointment
Appointment effective December 5, 1994 in the Department of Public
Works Division of Water, Christopher J. Maggio, 301 Potomac Avenue, Buffalo,
14213 to the position of Heavy Equipment Operator-Water, Provisional, at the
Intermediate Starting Salary of $25,254.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
FROM THE COMMISSIONER OF PARKS
No. 23
Disposal of Buffalo's Stock of Sevin
Additional Information
Item No. 32, C.C.P. November 29, 1994
Item No. 179, C.C.P. June 23, 1992
Your Honorable Body has requested further details regarding the
arrangement that the Department of Parks has worked out to remove unwanted
supplies of toxic pesticides from Parks' inventory. To expand the Department of
Parks' filing of November 23, 1994 on this matter:
1) Substantial human health and environmental questions exist regarding the
wisdom of using Sevin and other toxic pesticides to protect elm trees in the
City;
2) Both your Honorable Body and Mayor Anthony Masiello have asked that Sevin
not be used by the City on elm trees;
3) A City advertisement offering Sevin for appropriate use, without mention
of a sale price, produced no results;
4) Under Federal Law, the Sevin will only be legal for use for approximately
one more year;
5) Failure to find a taker within a year will mean that the City will face
the extraordinary cost of paying for expensive incineration at a Federally
approved facility;
6) Any taker of the material would face the same constraints falling on the
City in points 5 and 6 above;
7) The Department of Parks, working with the New York State Department of
Environmental Conservation, has now reached an arrangement with Agway of North
Collins under which the Agway distributor will attempt to market as much as
possible of the City supply to farmers for agricultural purposes (substituting
for other materials which would have been purchased from the manufacturer);
8) Additionally, the Agway operator will, in the same operation, remove a
supply of the toxic pesticide Methoxychlor from Parks inventory. Parks
currently holds the Methoxychlor under constraints very similar to those which
characterize the supply of Sevin.
9) Agway will reimburse the City 25% of the money which users pay Agway for
the products.
10) This figure was reached in negotiation between the City and Agway, and
seems fair value to the City, given both the limited window for legal use of
the materials, and the dramatic financial downside attaching to legal disposal
after expiration; and
11) Agway's prime marketing season for the materials is in the next month or
so, and it is the opinion of the Department of Parks that the opportunity
represented by the arrangement which has been reached should be seized.
The Department of Parks continues to hope that this prospective
arrangement meets with the approval of the Common Council.
RECEIVED AND FILED.
No. 24
Request Permission To Waive Portion of Rent
LaSalle Concession
Item No. 102, C.C.P. June 14, 199
We are requesting the approval of Your Honorable Body to waive
a portion of the annual rent due for 1994 at the LaSalle Park Concession.
Ms. Brenda Kij was the successful bidder of the LaSalle re-bid in May of
this year, at an annual amount of $9,329.00.
Your Honorable Body approved Ms. Kij's high bid on June 4th, 1994, Item
No. 102, and she was able to open the new LaSalle concession just in time for
the 4th of July. Shortly after opening, the City did receive, from Ms. Kij,
rent payments totaling $4,696.00 (50% paid upon opening the Concession per the
specifications.)
After the season, late in October, 1994, I sat down with Ms. Kij to
discuss this matter, including a proposed rent reduction due to the late
opening. The delay was due to circumstances beyond her control. Further, she
presented us with two (2) bills for work at LaSalle which she had paid. One
was for $ 545.40 to install 1 1/4 inch gas pipe in order to be able to hook up
her fryer and grill set (Zinzola Plumbing Invoice # 3909). The other bill for
Lock work to secure the doors in the building, totaling $114.48. (Able
Locksmith-Invoice 1625).
We feel that these bills are reasonable expenditures that should be borne
by the City.
At this same meeting, we were presented with a payment of $1,834.12
towards the 2nd half of the annual rent due.
Therefore, we would like to consider Ms. Kij paid in full for the 1994
season, as follows:
1994 annual rent $9,329.00
total rent paid to date 6,530.12
balance $2,798.88
credit for two (2) bills 659.88
credit for May/June rent 2,139.00
balance -0-
We feel that we have arrived at a fair and mutual settlement for 1994,
and are looking forward towards 1995 for a full season of operation. I trust
that your Honorable Body will concur with me, and that this matter can be put
to rest.
I am available to provide any further details or to answer any and all
questions you may have.
REFERRED TO THE COMMITTEE ON FINANCE AND THE CORPORATION COUNSEL.
No. 25
Review of Audit
Golf Course Revenues
Department of Parks
Item No. 10, C.C.P. November 29, 1994
The Parks Department welcomes periodic review of all aspects of
Parks Department operations including revenue collections and inventory
control. However, I would take exception to the conclusion that our collecting
and accounting procedures are "extremely weak".
The system presently in place for the collection of revenue at golf
courses, taxes the resources and manpower that is allocated to us by an ever
decreasing budgetary allotment. We know the system can be improved, and are
working with the Comptroller's office to upgrade our system. Whether the
additional Costs incurred of a system upgrade would result in a substantial
revenue increase is the question.
Golf revenues for the 1994 Golf season totalled $406,930. (all courses),
an increase of $19,431.50 (5% increase), largely as a result of the fee
increase that was instituted by the Council on July 1, 1993. However, our
records show a net loss of 5,002 rounds of golf played (total all Courses).
Season golf permits in "all" categories have decreased by 131 total permits.
Conclusion: Fee increases raise revenues, but have sent some of our season
permit "customers" to other courses. We have had a meeting with
representatives of the golf clubs using our courses asking for their input.
They have identified problems and made suggestions for additional revenue
categories. We will approach the Council with the Department's recommendations
at a later date.
Following is an item by item response to Comptroller's Review of Audit
Report -- Dated November 16, 1994:
1. Employee's personal moneys are commingled with the golf revenues.
The fact that no "seed money" or start up drawer exists at the Golf
Courses was brought up in previous audit reports. However, what was not
suggested was a way for the City/Parks to provide "seed money" to the fee
collectors.
1. Where & how do we get this "seed money"?
2. More importantly, where is money to be stored overnight?
3. Which fee collector is responsible when "seed" or float is short or
lost?
2. 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.)
This specific incident was a unique situation in that it occurred when an
employee became very ill and required hospitalization on the Monday following
pick-up of the weekend golf receipts. These money's would normally be
deposited on Monday. In this instance, the deposit was made on Wednesday,
October 19th - just two days later than normal. Pay-In #50 - Wednesday,
October 19, 1994.
3. Pay-In (deposit) slips are manually numbered.
The Pay-In slip blank is purchased from Inventory & Stores. Each time a
deposit is prepared the slip is numbered, dated and filled out. Upon deposit,
a copy is stamped by Treasury and returned to Parks.
4. There is no supervisory review of the golf revenue collection procedures.
This statement is without merit.
5. 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).
Considering the fact that over $90,000.00 in golf revenues were deposited
by Parks during a 53 day stretch from July 1, 1994 through August 22, 1994, a
total shortage of $11.50 amounts to approximately 1/100 of one percent (.0127%)
6. The register tape for July 7, 1994 from Cazenovia Park was hand written.
We have checked back in our golf revenue records and cannot find a
handwritten register tape for July 7, 1994 from Cazenovia Park. (Copy of that
date's tape is attached.) Nor were there handwritten tapes at South Park or
Delaware Golf for that date.
7. Daily Golf Revenue Reports are completed in a manner which is susceptible
to alteration. (Reports are not pre-numbered and completed in pencil.)
These reports are the sole responsibility of the fee collector and
accompany the receipts in the sealed revenue envelopes.
The Daily Golf Revenue Report reflects the amount of the various golf
fees (i.e. resident, non-resident) collected 'and match the cash register tape
from that fee collector's shift. These forms are never to be completed in
pencil. Our review of Daily Golf Revenue Receipts from July 1 to October 30,
1994 -- All three courses -- revealed no pencil forms.
8. One employee is responsible for recording and controlling deposits.
This statement is ambiguous. At least two people are responsible for
preparing Treasury Pay-In Deposits. One of these people is either the Parks
Dept. Accountant or Budget Examiner.
The Pinpoint Cash Register System recommended by the Comptroller will
provide the controls necessary to close any remaining loopholes in our fee
collection and golfer control function. The system also would provide the
computerized data this department needs to make informed decisions. The system
also is flexible enough to provide the same type of controls for our Ice Rinks
and Indoor Pool operation.
I would, however, strongly recommend that the Comptroller's office
provide to our Department a "Revenue Review Supervisor" to work full time with
Parks to implement the system at our golf courses and provide the necessary
daily oversight needed, as defined by the Comptroller's office.
It should be noted that the new system will rely on an increased
financial commitment by our department (in terms of additional fee collectors,
golf rangers) which will be reflected in our budget requests.
REFERRED TO THE COMMITTEE ON FINANCE.
FROM THE COMMISSIONER OF POLICE
No. 26
Accidents-Chicago/Seneca Sts.
As per our conversation this date, I have enclosed copies of Motor
Vehicle Accidents occurring at Seneca and Chicago Streets in the City of
Buffalo during the year 1993 :
2-25-93 1710 hrs Property damage accident
3-24-93 1240 hrs Injury Accident
11-22-93 1910 hrs Injury Accident
12-7-93 1720 hrs Injury Accident
A check of the statistics for the same location for 1994 shows no
accidents from January thru June.
If you require any further information please contact me at 4555.
REFERRED TO THE COMMITTEE ON FINANCE.
FROM THE COMMISSIONER OF FIRE
No. 27
Sale of 1970 American LaFrance Tiller Truck
In reference to the auction of 10/28/94, the 1970 American LaFrance
tiller truck up for bid received no bids. Recently, I have been notified that
Elia R. Mancini, 308 Skillen is willing to pay $ 1,000 for the truck.
Supt. of Apparatus, James R. Durham feels this is a fair amount to
accept.
REFERRED TO THE COMMITTEE ON FINANCE AND THE CORPORATION COUNSEL.
No. 28
Buffalo Fire Department Call-ins
Item No. 074, C.C.P. 11/29/94
Item No. 075, C.C.P. 11/29/94
Overtime in the Buffalo Fire Department in the form of call-in
of off duty personnel is generated by a clause in the interest arbitration
awarded to members of the Buffalo Professional Firefighters Association Local
282. The clause states that the City shall follow the recommendations of
National Fire Protection Association - 1500, which states that a minimum
acceptable fire company staffing level should be four (4) members responding to
any type of fire call. Prior to this award the Buffalo Fire Department
operated up to ten (10) fire companies with three (3) firefighters per company
and did not incur these enormous overtime costs.
REFERRED TO THE COMMITTEE ON FINANCE.
FROM THE CORPORATION COUNSEL
No. 29
Settlement of Claim of
P.O. Raymond Wrafter
D/A: 1/3/93
On January 3, 1993, on duty Police Officer Raymond Wrafter was
directing traffic on Route 33 at the Suffolk Street exit. A stolen vehicle
driven by James W. Kramper skidded by Officer Wrafter and struck the center
median. The driver then backed up and struck Officer Wrafter.
Officer Wrafter suffered injuries as a result of the accident and was
unable to work from January 3, 1993 to May 22, 1994. The injuries included
lower back pain and pain and numbness in his right leg. After minimally
successful chiropractic treatment and physical therapy, lumbar microsurgery was
performed on September 15, 1993 for a disc herniation. After discharge from
post-surgery physical therapy, Officer Wrafter was still unable to sit for long
periods of time and had difficulty walking. During the period of his
disability, the City paid $55,595.71 in wages to Officer Wrafter and $24,400.21
in medical expenses. Officer Wrafter has resumed to duty.
Officer Wrafter retained an attorney to recover for his pain and
suffering. The operation of a stole vehicle effectively makes the vehicle
uninsured. As a result, the insurance carrier for the owner of the vehicle has
disclaimed coverage. Officer Wrafter's own insurance carrier, Kemper
Insurance, has offered the full policy limits of $50,000.00 under its uninsured
motorist coverage in settlement of any potential claim. If Officer Wrafter
pursued a claim it could potentially be barred under the general rule that a
police officer may not recover damages in negligence for injuries arising in
the very situations that create the occasion for his or her special services.
In that event, the City and Officer Wrafter would receive nothing
The $50,000.00 policy limit makes it apparent that both the City and
Officer Wrafter must accept a amount less than the full value of their claim.
The attorney for Officer Wrafter has proposed that the City accept $10,000.00
in full settlement of its wage and medical expenses lien of approximately
$80,000.00. The proposed settlement works out to be approximately $16,666.00 to
Officer Wrafter's attorneys, $10,000.00 to the City and $23,000.00 to Officer
Wrafter. The remaining amount would pay costs incurred in preparation of the
claim. Based on the injuries suffered by Officer Wrafter it appears that he
would be receiving an amount substantially less than the full value of his
claim.
Based on the above, the Corporation Counsel recommends settlement in the
amount of $10,000.00.
REFERRED TO THE COMMITTEE ON CLAIMS.
No. 30
91 Wasmuth- Robert Salvador
Item No. 83, C.C.P., 10/18/94
Status Report
You have requested a report on the status of the case involving
the City of Buffalo and Robert Salvador for the property located at 91 Wasmuth.
There is a pending Housing Court case against Mr. Salvador. At the last
scheduled court date on December 2, 1994, the defendant Mr. Salvador failed to
appear due to illness, though his attorney did enter an appearance.
John Dorn, Mr. Salvador's attorney argued that Mr. Salvador no longer
owns the property and cannot now bring it into compliance. While it is true
that Mr. Salvador no longer owns the property, he was the owner at the time of
the violations alleged. Land owners are written up and prosecuted based on the
status of the property on the date of the complaint. This case should be
handled by the Department of Inspections and Community Revitalization in the
same manner as any other matter in Housing Court. Mr. Salvador's circumstances
do not merit any special handling. The case against Mr. Salvador returns to
Housing Court on December 15, 1994.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 31
Waiving Interest Charges
Sharon Green- 205 Sweet Avenue
Item No. 105, C.C.P., 11/15/94
Opinion No. 94-130
You have asked the Law Department whether the interest charges
incurred by Sharon Green for 205 Sweet Avenue should be waived.
Waiving the interest charges would be a gift of public funds pursuant to
Article VII, Section 8 of the Constitution of the State of New York. The
interest is a debt duly owed to the City of Buffalo. The City could render the
interest charges void if there were irregularities in the proceeding that
ordered the assessment as set forth in Section 544 of the Charter of the City
of Buffalo. However, in this instance, there are no such irregularities. Ms.
Green accrued interest charges due to the actions of either her bank or her
attorney. The City of Buffalo was in no way in error in the assessment of her
taxes and cannot take responsibility.
The interest charges of Sharon Green for 205 Sweet Avenue should not be
waived.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 32
Pilot Field Litigation
The Common Council has asked whether despite the current litigation
pending in the United States District Court for the Western District of New
York, the City of Buffalo should proceed to effectuate a new naming rights
agreement for Pilot Field with some other interested entity.
Currently, motions for summary judgment finding Pilot Air Freight is not
entitled to any damages against the City of Buffalo and the Bisons are awaiting
a decision by the Court.
The City has the right to terminate the naming rights agreement upon ten
days written notice. At the Mayor's request, we are presently attempting to
contact the Bisons to ascertain their points of view as to termination of
naming rights agreement. We will file a further informational correspondence
with the council by December 2nd.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 33
Notice of Termination - Naming Agreement - Pilot Field
Attached please find copy of certified letter to Pilot Air Freight
Corporation terminating the Agreement and all of Pilot's naming rights under
the Agreement effective December 31, 1994.
REFERRED TO THE COMMITTEE ON FINANCE.
FROM THE COMMISSIONER OF COMMUNITY DEVELOPMENT
No. 34
Reduction Of Retention
Contract 91752300
Delaware Park Meadow Pathway
M.P.J. Contracting, Inc. is now complete with all work items for
the construction of the Delaware Park Meadow Pathway. All areas damaged during
construction and called for the contract documents have been topsoiled and
seeded. Due to the lateness of the season a seeded areas have not properly
germinated and some may require reseeding in the spring of 1995.
For this reason we respectfully request permission of Your Honorable Body
to reduce the retention held on Contract 91752300 from the standard 10 percent
to 3 percent until all work is accepted. The remaining $4,905 being withheld
will more than cover the cost of any additional reseeding required.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 35
Laehy's Social Club
Replacement for Sidway Playground
In response to the above item we wish to advise the Honorable
Common Council that the Department of Community Development did not remove the
equipment from Sidway Playground. The equipment was removed to accommodate new
housing by the Department of Inspections and Community Revitalization.
Further, the creation of a new park or playground area would have to be
referred to the Parks Department, since they would be charged with the
operation and maintenance of any new facility. If the Parks Department
identifies a site and funds for construction, our design staff would be happy
to assist in the design and construction of the facility.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 36
CDBG Section 108 Funds
Gateway Development Associates, Ltd.
The City of Buffalo recognizes the importance of the revitalization
of the Porter Avenue/Peace Bridge area. The revitalization of businesses is a
prime motivator of residential revitalization.
The Department of Community Development wishes to allocate $1,532,000.00
for the renovation of 602 Porter Avenue at Fourth Street. The renovations
include the establishment of a 21,000 square feet Cash and Carry Food
Warehouse.
The United States Department of Housing and Urban Development requires a
definitive resolution for the review and approval of your Honorable Body, in
accordance with the United States Department of Housing and Urban Development
regulations.
It is therefore respectfully requested that the attached resolution be
approved.
REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT.
FROM THE COMMISSIONER OF STREETS
No. 37
Donation
Please be advised that Dibalo's True Value located at 262 W. Ferry
Street, Buffalo, NY 14213, has donated various Christmas decorations to the
animal shelter.
RECEIVED AND FILED.
No. 38
City Wide Garbage Tag ID
I have met with Councilmember Perla and members of Council staff
on this resolution.
The Department of Street Sanitation has been servicing all of Buffalo's
taxpaying community, along with those organizations who are tax exempt, with
services provide by this department. I feel that it is in the best interest of
all Buffalo taxpayer that if there could be some way to include those
properties that receive services from my department, the City should research
it.
The issue of the ID Tag Program should continue to be explored. Whether
it be the program set forth by Councilmember Carl Perla, or some form of the
same, this department will work with and promote its passage.
REFERRED TO THE COMMITTEE ON LEGISLATION.
FROM THE COMMISSIONER OF INSPECTIONS AND COMMUNITY REVITALIZATION
No. 39
Report of Emergency Demolition Bid for 44 Bardol 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 27, 1994
and that the contract will be awarded to the lowest responsible bidder:
ADDRESS/OWNER CONTRACTOR/AMOUNT OF BID
44 Bardol Street Eastwood Industries, Inc.
Steven O. McIlwain $17,777.00
135 Camelot Court
Buffalo, New York
Please be further advised that the sewer and water services will be
terminated by the demolition contractor and this cost is included in the cost
of the project.
We, therefore, respectfully request that upon approval by your Honorable
Body that the cost of the project be charged to the Special Assessment Fund
#500-000-002-00000, and that said cost shall be collected against the owner or
person in possession benefitted, under the provision of Chapter 113 of the
Ordinances.
Mr. Pitts moved:
That the communication from the Department of Inspections and Community
Revitalization, dated November 28, 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 $17,777.00, relating to 44 Bardol Street, is hereby confirmed,
ratified and approved, with said cost to be charged against Special Assessment
Fund 500-000-002-00000, and that said cost shall be collected against the owner
or person in possession of the premises and/or shall be assessed against the
property benefitted, in accordance with Chapter 113 of the Ordinances of the
City of Buffalo.
PASSED.
AYES- 13 NOES- 0.
No. 40
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 23, 1994 and that the contract will be awarded to the
following lowest responsible bidder:
ADDRESS/OWNER CONTRACTOR/AMOUNT OF BID
AGGREGATE BID AT SITE
168 Chester Street Peter DelMonte Demolition
Glenda Chisim $8,900.00
148 Chester St., Bflo., NY
15 Elsie Place Peter DelMonte Demolition
Jimmie Pitts $8,900.00
180 Wyoming, Bflo., NY
441 Masten Avenue Peter DelMonte Demolition
c/o Carol Simmons $51900.00
162 Laurel St., Bflo., NY 23,700.00 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 28, 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
(Aggregate Bid at Site), at a cost of $8,900.00, relating to 168 Chester
Street; to Peter DelMonte Demolition, at a cost of $8,900.00, relating to 15
Elsie Place; to Peter DelMonte Demolition, at a cost of $5,900.00, relating to
441 Masten Avenue; for a total bid of $23,700.00- 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- 13 NOES- 0.
No. 41
Report of Emergency Demolition Bid
For 106 Glenwood Avenue
Due to the very serious and hazardous condition of the fire-damaged
building located at the above-stated address, Fire Commissioner Cornelius J.
Keane requested that our department bid this property for immediate emergency
demolition. Inspections were also conducted by this department and it was
determined that immediate action was necessary due to (1) the structural
condition of the building and/or (2) the resulting dangerous and hazardous
condition which exists at this location, i.e., in accordance with guidelines
outlined in Chapter 113 of the ordinances of the City of Buffalo. Please be
advised, therefore, that offers to demolish were solicited on December 5, 1994
and that the contract will be awarded to the lowest responsible bidder:
ADDRESS/OWNER CONTRACTOR/AMOUNT OF BID
106 Glenwood Ave Lebis Enterprises, Inc.
Gloria A. Maxwell $14,500.00
106 Glenwood Avenue
Buffalo, New York
Please be further advised that the sewer and water services will be
terminated by the demolition contractor and this cost is included in the cost
of the project.
We, therefore, respectfully request that upon approval by your Honorable
Body that the cost of the project be charged to the Special Assessment Fund
#500-000-002-00000, and that said cost shall be collected against the owner or
person in possession benefitted, under the provision of Chapter 113 of the
ordinances.
Mr. Pitts moved:
That the communication from the Department of Inspections and Community
Revitalization, dated December 6, 1994 be, received and filed; and
That the award by the Commissioner of Inspections and Community
Revitalization of an emergency demolition contract to Lebis Enterprises, Inc.
at a cost of $14,500.00, relating to 106 Glenwood Avenue, is hereby confirmed,
ratified and approved, with said cost to be charged against Special Assessment
Fund 500-000-002-00000, and that said cost shall be collected against the owner
or person in possession of the premises and/or shall be assessed against the
property benefitted, in accordance with Chapter 113 of the Ordinances of the
City of Buffalo.
PASSED.
AYES- 13 NOES- 0.
No. 42
Report of Emergency Demolition Bids for 306 Rother Street & Garage 203 Walden
Avenue & Garage
Due to the very serious and hazardous condition of the buildings
located at the above-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 29, 1994 and that the contract will be awarded to the
following lowest responsible bidder:
ADDRESS/OWNER CONTRACTOR/AMOUNT OF BID
AGGREGATE BID
306 Rother St. & Garage Integrated Waste Special Services
Donald Randazzo $8,875.00
160 Thompson
Buffalo, New York
203 Walden Ave & Garage Integrated Waste Special Services
Maynard Latour $9,000.00
203 Walden Avenue
Buffalo, New York $17,500.90- 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 30, 1994 be, received and filed; and
That the award by the Commissioner of Inspections and Community
Revitalization of an emergency demolition contract to Integrated Waste Special
Services at a cost of $8,875.00, relating to 306 Rother Street and Garage, to
Integrated Waste Special Services at a cost of $9,000.00, relating to 203
Walden Avenue; for a total bid of $17,500.00 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- 13 NOES- 0.
No. 43
Report of Emergency Demolition Bid
For 257 Strauss Street & Garage
Due to the very serious and hazardous condition of the buildings
located at the above-stated address, 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 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 29, 1994 and that the contract will be awarded to the
following lowest responsible bidder:
ADDRESS/OWNER CONTRACTOR/AMOUNT OF BID
257 Strauss & Garage Lebis Enterprises Inc.
City of Buffalo $6,700.00
Please be further advised that the sewer and water cutoff 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.
Mr. Pitts moved:
That the communication from the Department of Inspections and Community
Revitalization, dated November 30, 1994 be, received and filed; and
That the award by the Commissioner of Inspections and Community
Revitalization of an emergency demolition contract to Lebis Enterprises, Inc.
at a cost of $6,700,00, relating to 257 Strauss and Garage, is hereby
confirmed, ratified and approved, with said cost to be charged against Special
Assessment Fund 500-000-002-00000, and that said cost shall be collected
against the owner or person in possession of the premises and/or shall be
assessed against the property benefitted, in accordance with Chapter 113 of the
Ordinances of the City of Buffalo.
PASSED.
AYES- 13 NOES- 0.
No. 44
Reply- Liquor License Application-44 Allen St.
In response to the above stated Common Council communication I
wish to supply you Honorable body with the following information. Upon receipt
of your inquiry A Building Inspector was dispatched to inspect this property.
Four exterior code violations were found, these being chimney, roof, eave
repairs and exterior painting. Inspections of the interior have not been
requested or performed. Upon receipt of the Certificate of inspection from the
Division of Licenses, Our Department will inspect the interior for compliance
to all Building, Electrical, Plumbing and heating Codes. It is my hope that
this response satisfies your inquiry.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 45
E. Ferry site for Police Precinct
Item No. 209, C.C.P. 11/15/94
In response to the above stated Common Council communication,
I would like to supply your Honorable Body with the following information.
There in still much to do on the site that was formally occupied by the General
Electric corporation. Monitoring wells are established. Foundation removal
must be completed before any filling of excavations is to be done. Your
request for a report on the fill being used at this job, cannot be completed at
this time. Currently the on site fill is being tested for any foreign
substances. The result of these tests have not been completed. When this
project is completed a copy of the final report will be made available to your
Honorable Body. I trust that this response will satisfy your inquiry.
REFERRED TO THE POLICE REORGANIZATION TASK FORCE.
FROM THE COMMISSIONER OF ADMINISTRATION AND FINANCE
No. 46
Cost Of Crossing Guard Contract
In response to your letter of November 16, 1994 to Commissioner
Hassett, I have drafted the following information:
WAGE INCREASE:
1994 2.5% $.16/hr
1995 2.5% $.17/hr
1996 1.5% $.11/hr
TOTAL $.44/hr Three years
Total new money over three years of the agreement: $50,160.00
HEALTH CARE CHANGES SAVINGS:
Total savings over three years; $30,866.76
Employee contributions over three years: $41,586.94 TOTAL COST OF THE
AGREEMENT
$19,293.24 over the three years of the agreement.
RECEIVED AND FILED.
No. 47
Withhold Payments To Those Under Investigation
Upon review of your letter dated November 2, 1994 as it pertains
to Council Resolution Number 176 involving the withholding of payment to
employees of sick, personal and vacation time, I would like to address the
following issues contained in the body of this letter. Secondly, I would also
like to address the status of Mr. David May, the former Assistant Registrar of
Vital Statistics.
The Council's request for the Division of Labor Relations to develop and
implement a policy whereby an employee under investigation for stealing
municipal funds automatically forfeits any claim to unused sick, personal or
vacation time, pending the outcome of any criminal investigation is, in my
view, not only impracticable and contrary to the provisions of the Collective
Bargaining Agreements with the City's unions, it may constitute a violation of
the Taylor Law of the State of New York thereby exposing the City to improper
labor practice charges.
The respective Collective Bargaining Agreements that have been negotiated
in good faith, ratified by the membership and then approved by the Common
Council, clearly set forth employee's entitlement upon retirement, separation,
resignation or termination for cause. This Office cannot intentionally deviate
or modify these negotiated provisions.
The Council's suggestion that an employee be denied through automatic
forfeiture, rights negotiated through the collective bargaining process at the
point where they are merely under investigation and have not been found guilty
either through a criminal proceeding or through the established disciplinary
procedure set forth in 75 of the Civil Service Law, in my view removes the
employee's right to due process and the presumption of innocence that is a
cornerstone of the American way of life.
Secondly, In response to the Council's request as to the entitlement
claimed by forme Assistant Registrar, David May, upon his proper resignation on
October 24, 1994, it is the position of this Division that Mr. May has a
contractual entitlement of 49.5 days of unused and banked vacation time which
should be paid to him pursuant to Article 7.4 of the Collective Bargaining
Agreement between the City of Buffalo & Local 650. He forfeits, however, the
2,400 hours of unused sick time also pursuant to the provisions of the
Collective Bargaining Agreement.
In the view of this Office, Mr. May has resigned effective October 24,
1994 and is no longer an employee of the City of Buffalo. Any attempt to
refuse payments to him contrary to the Collective Bargaining Agreement, or to
advance a claim that he is still employed, would, in my view, be fruitless.
If you have any questions with regard to this matter, please feel free to
call me.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE AND THE CORPORATION COUNSEL.
FROM THE COMMISSIONER OF HUMAN RESOURCES
No. 48
Delaware District L.S.H.P.
It is the intention of this department to open all Lighted Schoolhouse
Programs in the City of Buffalo as soon as possible. There are several
procedures that must occur before this can happen.
The entire Lighted Schoolhouse Program Proposal has been prepared and
submitted to B.U.R.A. for approval at their meeting of December 7, 1994. From
B.U.R.A. the Lighted Schoolhouse Program will be sent to the Common Council for
approval at their meeting of 12/13/94. Subsequent to these approvals, I
understand that it usually takes at least a week to set up the necessary
accounts through F.C.A. in order to access monies and to identify and process
staff. This step has already begun. Because the Holiday season occurs during
this week, we thought it appropriate to open schools 81, 54, and 56 on January
9, 1995, the first full week of work and school after the Holiday.
All other Lighted Schoolhouse Programs will begin when staffs are
identified and processed.
At some point during the project year, it will be necessary to gather
information that indicates the populations served are from low to moderate
income families. This must occur in order to comply with HUD Regulations.
RECEIVED AND FILED.
FROM THE BOARD OF EDUCATION
No. 49
Administrative Raises
Since the 1990-91 school year the City School District has made
extreme efforts to reserve funds for the eventual settlement of the dispute
with the Buffalo Teacher's Federation. That reserve, which is now about $30
million, was achieved by economies in the operation of the school district at
the same time we were able to retire a $10 million operations deficit from the
1988-1989 school year. It is now being used to provide the funding for employee
raises that did not occur during the period 1990-1994.
The administrators who last received raises in 1987 were prevented from
getting raises due to the impact of the BTF dispute. The partial settlement of
that dispute resulted in a teacher's contract with raises for 1994-1996. Other
administrators, who are covered by union contracts, received raises in the
school years beginning in 1989, 1990 and 1993. There were no raises in
1991-1992 or 1992-93.
The result of this scenario was that teachers may earn more than some
administrators and some junior administrators may earn more than their
superiors. The raises approved by the Board simply equated the raises of those
administrators covered by the BCSA contract and those of administrators not
covered by labor contracts.
No additional funding has been requested from the City to cover the cost
of these raises. We expect to fully cover their costs with funds from the
reserves built up over the last four years and anticipated increases in State
support for schools.
REFERRED TO THE SPECIAL COMMITTEE ON EDUCATION.
FROM THE CITY CLERK
No. 50
Appointment of Marriage Officer
I hereby request that Assistant Deputy City Clerk Kevin M. Kelley
appointed as Marriage Officer for the City of Buffalo effective December 13,
1994 and ending December 31, 1997.
This request is made pursuant to Chapter 49 of the Laws of New York State
1988, which allows a governing body the right to solemnize marriages for a
period of time not to exceed four (4) years.
Mr. Pitts moved:
That the communication from the City Clerk, dated December 9, 1994 be
received and filed; and
That the appointment of assistant deputy City Clerk, Kevin M. Kelley, as
a marriage officer, for the city of Buffalo, effective December 13, 1994 and
ending December 31, 1997 pursuant to Chapter 49 of the Laws of New York State,
1988, be and hereby is approved.
ADOPTED.
No. 51
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
930 Walden Ave. B & V Lounge Victor & Beverly Vaarwerk
865 Elk St. Charlie O'Brien's Gerald O'Brien
320 Pearl Macaroni Co. Grille Maraconi Co.
1375 Delaware Ave Mark Hutchinson
REFERRED TO THE COMMITTEE ON FINANCE, THE COMMISSIONER OF ASSESSMENT, THE
COMMISSIONER OF PUBLIC WORKS, AND THE COMMISSIONER OF INSPECTIONS AND
COMMUNITY REVITALIZATION.
No. 52
Leaves of Absence Without Pay
I transmit herewith notifications received by me, reporting the
granting of leaves of absence without pay, in the various departments as
listed:
Police- Suzanne Hahn-Shanahan
RECEIVED AND FILED.
No. 53
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:
Buffalo Sewer Authority
City Planning Board
Emergency Medical Services Board
Municipal Housing Authority
Zoning Board of Appeals
RECEIVED AND FILED.
No. 54
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 December 9, 1994 in the Department of Common
Council Salvatore Cicatello, 90 Eckhert, Buffalo, N.Y. 14207, to the Position
of Intern III, Seasonal, at the Flat Starting Salary of $5.00/hr.
Appointment effective November 28, 1994, in the Department of City Clerk
Sabrina Turner, 197 Hughes Ave., Buffalo, 14208, to the position of Intern IV,
Seasonal, at the Flat Starting Salary of $6.00 hr.
No. 55
Appointments-Mayor's Youth Opportunity & Employment
I transmit herewith appointments made in the Mayor's Youth Opportunities
and Employments Programs.
RECEIVED AND FILED.
Appointment effective November 23, 1994 in the Department of Mayor's
Office Division of Youth Opportunity and Internship programs, Carl Jackson, 5
Alice Street, Buffalo, New York 14215, to the position of Intern II, seasonal
at the Flat Starting Salary of $4.25 hr.
No. 56
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 PUBLIC WORKS
Appointment effective December 5, 1994 in the Department of Public
Works Division of Water, to the Position of Clerk, Seasonal, at the Flat
Starting Salary of $5.20 hr., Thomas F Downing, 484 Linwood Avenue, Buffalo,
14209.
Appointment effective November 29, 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. Albert M.
Roberts, 8 Susan Lane, Buffalo 14220
Appointment effective 12/1/94 in the Department of Public Works, Division
of Engineering, to the Position of Laborer I, Seasonal, at the Flat Starting
Salary of $ 6.22 hr. David M. Taylor, 19 Durham Court, Buffalo, NY 14204
Appointment Effective December 5, 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.
Juan Maldonado, 368 Baynes Avenue, Buffalo, 14213
Andrew M. Sagliani, 31 Sunnyside Avenue, Buffalo, 14207
Appointment effective November 29, 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. Eugene E. Schuta,
64 Shenandoah Road, Buffalo 14220
Appointment effective December 1, 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. Michael I. Overdorf, 2229
Seneca Street, Buffalo 14210
DEPARTMENT OF PARKS
Appointment effective December 3, 1994 in the Department of Parks,
Division of Recreation, to the Position of Special Service Instructor III, TA
as required, at the Flat Starting Salary of $16.38 hr. Joan Disbrow, 171 Villa
Avenue, Buffalo 14216
No. 57
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 18, 1994 in the Department of Police
to the Position of School Crossing Guard (TSAR), Temporary, at the Minimum
Starting Salary of $ 5.71 hr. Joan M Bishop, 40 C Street, Buffalo 14211
Appointment effective November 23, 1994 in the Department of Police to
the Position of School Crossing Guard (TSAR), Temporary, at the Minimum
Starting Salary of $ 5.71 hr.
Marion A Cornell, 74 Chauncey Street, Buffalo 14206
Margaret M Frank, 52 Seminole Parkway, Buffalo 14210
Appointment effective November 21, 1994 in the Department of Police to
the Position of Report Technician, Permanent, at the minimum Starting Salary of
$ 21,126. Kathleen McCrea, 496 Porter Avenue, Buffalo 14201
NON-OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES
NON-OFFICIAL COMMUNICATIONS
No. 58
THE AUD CLUB, INC.
Request Reduction-Rent- Fuel Sales
In connection with our notification on November 30, 1994 concerning
the above-referenced matter, we hereby propose to modify Section 2(a)(iii) of
the Extension of Marina Lease Agreement executed by the City of Buffalo and The
Aud Club, Inc. on May 11, 1994, so that the City and The Aud Club, Inc. share
equally in all revenues received from fuel sales.
The City received $21,030.00 from The Aud Club, Inc., representing its
15% commission on 1994 marina fuel sales. As representatives of The Aud Club
indicated during negotiations last spring, there was a substantial likelihood
that this increased commission due the City would decrease the volume of fuel
sales at the Marina, thereby decreasing The Aud Club's profits. Nevertheless,
we agreed to the 15% commission with the understanding that if such proved to
be the case, the commission would be modified accordingly. Indeed, The Aud
Club, Inc, suffered $4,400.00 in losses on fuel sales at the Marina during the
1994 season. Accordingly, we respectfully request that, consistent with our
prior negotiations, Section 2(a)(iii) be modified to require The Aud Club, Inc.
to render a $4,000 base rent to the City, coupled with a 4% commission on gross
fuel sales at the Marina. As the attached analysis demonstrates, assuming that
both the volume of fuel sales and the cost of fuel remain constant for the 1995
season, this proposal should result in a roughly equivalent split of profits -
$8,500.00 to the City and $8,000.00 to The Aud Club, Inc., during 1995.
If you have any questions concerning this proposal, please contact me at
856-7300, ext. 280.
REFERRED TO THE ERIE BASIN MARINA LEASE COMMITTEE, THE COMPTROLLER AND THE
COMMISSIONER OF PUBLIC WORKS.
No. 59
ERIE CO. DISTRICT ATTORNEY
Unable To Attend Finance Meeting
In response to your letter of November 10, 1994, please be advised
that I will be in New York City on Tuesday, November 22, 1994 for the purpose
of conducting a hearing for the Commission on Youth Crime and Violence in the
State of New York.
The issue of police court overtime is one with which I am very familiar,
having addressed the subject with 3 different Police Commissioners over the
last 7 years.
I would appreciate you forwarding to me a copy of the "Overtime Report".
I will review the same and will be glad to meet with any Council
representative on a mutually convenient date.
Please advise the representatives that they may contact my secretary,
Susan Darlak, at 858-2467 and set up an appointment to meet with me.
RECEIVED AND FILED.
No. 60
JESSE KETCHUM MEMORIAL FUND
Financial Report
The Board of Trustees of the Jesse Ketchum Memorial Fund herewith
submits its Annual Report to you as required by the Deed of Trust that
established this fund for the awarding of prizes for excellent scholarship to
the eighth grade graduates of the Buffalo Public Schools.
Principals of each elementary school leaving an eighth grade class have
submitted the names of those students who are members of the graduating class
who have ranked highest in scholarship in their group.
A gold flashed medal, certificate and a $1,500 check was presented to the
student ranking highest in the entire city. A gold flashed medal, certificate
and $1,000 check was presented to the second highest student. Each school
winner received a bronze medal, a certificate and a $100 savings bond. Awards
were presented at an Awards Ceremony held at McKinley High School on Thursday
Evening, October 27th, at 7:30 P.M.
For the 1994 school year, a total of forty-four schools awarded 52 medals
and certificates. A list of the winners is enclosed for your records.
Also, a copy of the financial report by the Treasurer, Pls. Geraldine
Sims, for the fiscal year ending June 30, 1994 is enclosed.
RECEIVED AND FILED.
No. 61
LOCAL 2651
Oppose Hiring Freeze
Mayor Masiello recently announced a hiring freeze for all City
Departments due to a 5.38 million dollar deficit. He cited excessive overtime
casts as a major cause of the shortfall. This announcement comes at a time
when the Inspections Department, especially Building Inspectors, is already
severely understaffed and under-funded. It is unconscionable that the
Administration will not fill vacant positions in a self-sustaining, revenue
producing City Department. This problem has not only demoralized Building
Inspectors it has frustrated our Director Matthew Baudo. He has realized that
the present work-force is insufficient to meet growing demands but he has been
rebuffed in filling positions.
Below is a listing of the present shortage of Building Inspectors:
1. Three (3) Inspectors on leave/loan.
2. One (1) Inspector indefinitely payless.
3. One (1) Inspector on sick leave who will never return to work.
4. One (1) Inspector just left on the early retirement incentive.
5. One (1) Inspector on "loan" to set-up the Lead Task Force. In all
likelihood two (2) more Inspectors will be "loaned" to the Lead Task Force.
6. Two (2) Inspectors on "loan" to the Mayor's Impact Team. There are two (2)
full-time Building Inspectors on this appointed Task Force who unbelievably
refer property problems back to already overworks District Inspectors.
7. Two (2) Inspectors were eliminated in the last budget.
8. One (1) Plumbing Inspector is an acting chief as the Chief Plumbing
Inspectors job was not filled in the last budget.
9. One (1) Inspector has been added due only to the fact the Councilmember
Helfer realized the need and took the necessary fund from his Block Grant
money.
This results in a loss of twelve (12) Inspectors in this year alone with
the likelihood of two (2) more to be "loaned" to the Lead Task Force.
In my opinion the neighborhoods that we inspect and you represent are in
deplorable condition. The depletion of Inspectors through the years has forced
our Department to be reactionary. This position is not by our choosing but
caused rather by the previous and present Administrations. The latest antidote
to save our neighborhoods is systematic code compliance. We did not have the
work force to fulfill our responsibilities under the previous administration
and this "added system" has put Inspectors and clerical staff in disarray.
Just as the Council enacted legislation to inspect all Multiple Dwellings is
failing due to the lack of enough Inspectors so too will Landlord
Licensing/Certificate of Occupancy Plans if not adequately fund for required
staff levels.
In our recently signed contract with the Masiello Administration, Local
2651 Buffalo Building Trade Inspectors agreed to all of the Mayors Health Care
concessions. We also agreed to work more by giving up our summer hours. There
is no overtime for Building Inspectors. Compensatory time is minimal and the
majority of it is the result of Inspectors attending Block Club Meetings (a
campaign pledge by the Mayor). Building Inspectors produce revenue through
permits, licenses and the related tax assessment upgrades. All revenues will
be down due the lack of Inspectors. Presently it takes three (3) months to
have a defendant appear in court from the time an Inspector writes a court
case. We have no control over the sentencing of defendants or the inordinate
number of court ordered inspections. We have no control over the demolition of
more than at least one thousand (1,000) properties that is presently needed.
We have no control over the increasing volume of crime, social and economic
changes taking place in our neighborhoods. We are not nor will not be held
responsible for the destruction of our neighborhoods! With adequate staffing we
can resurrect our neighborhoods and increase our tax base.
I have attempted to give you a general overview of the problems presently
facing the City's Building Inspectors. There is a multitude of other problems
facing the different sections of our Department. I would be glad to explain
any and all of them to you. I encourage you to visit our offices and speak to
our various sections Inspectors. The time is at hand to prioritize the needs
of our Departments Inspections Division in order to save our neighborhoods and
at the same time increase revenues.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE, THE COMMISSIONER OF INSPECTIONS AND
COMMUNITY REVITALIZATION, THE COMMISSIONER OF ADMINISTRATION AND FINANCE AND
THE CORPORATION COUNSEL.
No. 62
NYSDOT
Safety Investigation-Grider Ramp
We have completed our highway safety investigation and analysis
at the subject location. As a result of our analysis, we have determined that
the installation of guide rail at this location is appropriate.
We do apologize for the delay in responding to you with a firm solution.
We have been working on resolving this issue, but have found the situation to
be more complex than we originally thought. We did not want to respond until
we reached resolution on this issue.
Our initial intentions were to have the Department's maintenance forces
install the guide rail at the subject location. This solution was not
feasible; our maintenance forces do not have the equipment necessary to place
guide rail in the subsurface bedrock at the location.
We then began to pursue a comprehensive guide rail contract in our
Region. We have succeeded in obtaining such a project, but schedules and
available funds forced this project to the later years of our Region's
five-year capital program. We preferred the subject location be addressed
earlier.
In conjunction with the guide rail contract, we have been working with
our Design Group to schedule the proposed work in an upcoming project. As a
result, we have determined that the proposed guide rail work will be included
in a project with a fall, 1995 let date.
We hope this satisfies your concerns. If you have any questions, please
contact me at 847-3268.
RECEIVED AND FILED.
No. 63
P. B. A.
Oppose Expansion Of Peace Officer Duties
Item #150, CCP. Nov. 29, 1994
I am in receipt of a copy of Councilmember Perla's resolution
concerning the above captioned matter. I am also in receipt of a copy of your
correspondence to Robert Meegan, PBA President, dated November 30, 1994. Mr.
Meegan has asked that I respond.
Unfortunately, what Councilmember Perla ultimately seeks as a result of
his resolution is unclear. So there is no misunderstanding, however, regarding
the Buffalo PBA's position, the Buffalo PBA unequivocally opposes any concept
that will permit "peace officers" to perform general police functions within
the City of Buffalo.
Notwithstanding the rise in violent crimes within the City, there has
continued to be reductions in the number of sworn officers. To replace police
officers with peace officers is at best a short term fix and at worst simply
insanity. Peace officers do not have the same arrest powers as police officers
nor do they have the same responsibilities. They are not trained police
officers. If they were the equivalent of police officers., they would not take
competitive, promotional examinations to become police officers.
Finally, under no circumstance would I recommend to my client that it
give up any function historically and exclusively performed by its negotiating
unit member. In many regards, officer safety would necessarily be seriously
compromised.
RECEIVED AND FILED.
PETITIONS
No. 64
Michael S. Towns, owner, petition to use 31 Hedley for a 1 story frame
addition.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD,
AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT.
No. 65
2420-24 Delaware Avenue, Inc., owner, petition to use 2412-2426 Delaware for a
pole sign.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD,
AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT.
No. 66
Rite Aid Drugs, petition to use 284 Connecticut Street for a pole sign.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD,
AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT.
No. 67
Rite Aid Drugs, petition to use 1336 Hertel Avenue for a pole sign.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD,
AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT.
No. 68
Rite Aid Drugs, petition to use 710 Kenmore Avenue for a pole sign.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD,
AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT.
No. 69
John A. Sciortino, owner, petition to use 1085 Niagara Street for a restaurant.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD,
AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT.
No. 70
Polish Community Center, Designated BURA developer, petition to Rezone Nos.
104-132 Lewis Street and 129 Jones Street from R-2 & R-3 to R-5 District for
Senior Citizen Apartments.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD,
AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT.
REGULAR COMMITTEES
CLAIMS
HON. DAVID A. FRANCZYK
CHAIRMAN
No. 71
Claims Committee Report
Compromise And Settlement Of
Actions For Personal Injury
That, upon the recommendation of the Corporation Counsel, the
following actions for personal injury arising out of alleged negligence on the
part of the City, be compromised and settled:
A 1. Mary Garner, Individually and as P/N/G of Natasha Cook and Rosenthal,
Siegel, Muenkel & Wolf, As Attorneys $ 2,500.00
A 2. Gregory Houston & Morris, Cantor & Barnes, As Attorneys
$3,000.00
A3. Brian and Donna Kimmins and Dixon, DeMarie & Schoenborn As Attorneys
$ 3,000.00
A 4. Mary Kusmierz $ 2,700.00
A 5. Samuel Marie $60,000.00
A 6. Robert Moore and Hazel Moore $15,000.00
A 7. Michael J. Nicholson and David Gerald Jay, As Attorney
$ 4,000.00
A 8. Alan Parzy $ 1,500.00
A 9. Michelle Prim $ 1,500.00
A 10. Teri Washington Individually and as P/N/G of D'Won House
$13,500.00
A 11. Prentiss A. Wyatt and Yvette Williams and John F. Donohue, As Attorney
$ 7,500.00
That checks be drawn on the account of 81-2 General City Charges
100-812-000-00-809 Judgment and Claims Prior Years, payable to the respective
claimants or plaintiffs and their attorneys, if any, hereinabove named, in the
amounts set opposite their names and delivered to them upon execution and
delivery to the Corporation Counsel of proper releases and closing papers.
PASSED.
AYES- 13 NOES- 0.
No. 72
Property Damage
That upon the recommendation of the Corporation Counsel, and the
appropriate City Department, the following actions and claims for damage to
property caused by alleged negligence on the part of the City be compromised
and settled:
B 1. Empire Insurance Company, as Subrogee of Kevin Widdowson
Claim for damage to a parked 1988 Subaru station wagon on November 27, 1991 on
Herkimer Street by a private vehicle and a Buffalo Police Department Cruiser.
$ 2,500.00
B 2. Diana Acosta-Ortiz
Claim for a stolen and not recovered 1984 Buick Electra vehicle. There is no
Insurance Company involved in the settlement of this claim.
$ 2,875.00
B 3. Keith Bullock
Claim for damage to a 1982 Buick on June 20, 1994. The vehicle was impounded
following the arrest of one Eric Young. The vehicle was brought to the Seneca
Street Garage for investigation and subsequently to the Tonawanda Street
Garage. When it was at the Tonawanda Street Garage it was damaged. There is no
Insurance Company involved in the settlement of this claim. $910.39
B 4. Peter and Margaret Cadaret
Claim for a stolen equalizer, speakers and CD tapes which were in claimant's
vehicle when it was impounded by the City. The vehicle a 1990 Jeep was towed to
the Tonawanda Street Garage on April 27, 1994. There is no Insurance Company
involved in the settlement of this claim. $300.00
B 5. Rev. Robert Girard
Claim for various items which were stolen from Police Headquarters on November
4, 1993. There is no Insurance Company involved in the settlement of this
claim. $519.97
B 6. Robert McCrickard
Claim for damage to a 1984 Buick Skylark. The vehicle was stolen and recovered
and brought to the Tonawanda Street impound Garage awaiting release to the
rightful owner. While it was at the Garage it was damaged. There is no
Insurance Company involved in the settlement of this claim. $442.80
B 7. Amos Smith
Claim for damage to both lenses of claimant's eyeglasses by sparks from a
welding torch while performing his duties in the Department of Street
Sanitation at the Broadway Garage. $108.00
B 8. Scott Smith
Claim for damage to both lenses of claimant's eyeglasses by hot slag while
burning exhaust on Truck #945 while performing his duties in the Department of
Street Sanitation at the Broadway Garage. $134.00
B 9 New York Central Mutual Insurance Company, as Subrogee of Marc A.
Podeszek
Claim for property damage to a 1988 Chevrolet S-10 pick-up truck at the
intersection of Bailey Avenue and Seneca Street on November 12, 1992 with
Police Cruiser #129 operated by William Rendos from Precinct #9.
$2,224.78
B 10. Celia Matusiak
Claim for expenses incurred as a result of a water leak on September 6, 1994 at
365 South Ogden Street. There is no Insurance Company involved in the
settlement of this claim.
$1,790.64
That checks be drawn on the account of 81-2 General City Charges
100-812-000-00-809 Judgment and Claims Prior Years, payable to the respective
claimants or plaintiffs and their attorneys, if any, hereinabove named, in the
amounts set opposite their names and delivered to them upon execution and
delivery to the Corporation Counsel of proper releases where such releases are
indicated.
PASSED.
*AYES- 13 NOES- 0.
* Mr. Bell and Mr. Helfer are in the Negative on B-7 & B-8 only.
No. 73
Miscellaneous Reimbursement
That, upon the recommendation of the Corporation Counsel and the
appropriate City Department, the following claims be paid:
C 1. Henry Coppola
Claim for reimbursement for an incorrect pension check deduction for health
coverage. After a medical insurance audit, it was discovered that an amount
was taken out in error. $ 1,962.24
C 2. Frank C. Deubell
Claim for reimbursement for an incorrect pension check deduction for health
coverage. After a medical insurance audit, it was discovered that an amount
was taken out in error. $ 267.72
C 3. Victor J. Kaye
Claim for reimbursement for an incorrect pension check deduction for health
coverage from 1988 to 1993. After a medical insurance audit, it was discovered
that a wrong amount was taken out. $ 2,495.23
C 4. Thomas O'Donnell
Claim for reimbursement for three (3) invoices paid by retired Firefighter
O'Donnell to Genesee Hearing. Mr. O'Donnell is on Disability Retirement and
paid these invoices. $ 136.25
C 5. James J. Schreiner
Claim for reimbursement for an incorrect pension check deduction for health
coverage. After a medical insurance audit, it was discovered that an amount was
taken out in error for five months. $ 397.50
C 6. Philip Wingenbach
Claim for reimbursement to Firefighter Wingenbach for optical expenses in
settlement of a grievance dated January 13, 1993.
$ 267.00
That checks be drawn on the account of 81-2 General City Charges
100-812-000-00-809 Judgment and Claims Prior Years, payable to the respective
claimants and their attorneys, if any in the amount set opposite their names,
respectively, and delivered to them upon execution and delivery to the
Corporation Counsel of the releases where such releases are indicated.
PASSED.
AYES- 13 NOES- 0.
No. 74
Miscellaneous Medical/Dental In Lieu
That, upon the recommendation of the Corporation Counsel and the
appropriate City Department, the following claims be paid:
D 1 John F. Ralicki
Claim for a prior fiscal year medical in lieu of payment for a retired employee
of the PBA from 1988 to the present. He signed a waiver in lieu of medical
insurance and never received his payments.
$ 2,880.00
D 2. Timothy R. Reid
Claim for a prior fiscal year dental in lieu payment for an employee of the
Department of Street Sanitation from October 1, 1991 to December 31, 1993. He
signed a waiver in lieu of dental insurance and did not receive payments for
the above years.
$300.00
That checks be drawn on the account of 81-2 General City Charges
100-812-000-00-809 Judgment and Claims Prior Years, payable to the respective
claimants and their attorneys, if any, in the amount set opposite their names,
respectively, and delivered to them upon execution and delivery to the
Corporation Counsel of the proper releases where such releases are indicated.
PASSED.
AYES- 13 NOES- 0.
No. 75
Miscellaneous Invoice
That, upon the recommendation of the Corporation Counsel and the
appropriate City Department, the following claims be paid:
E 1 Innovative Services International, Inc.
Claim for payment of prior fiscal year Invoice #00929 for services rendered to
the Department of Public Works, Division of Buildings.
$ 8,314.70
E 2. Kenmore Mercy Hospital
Claim for payment of a prior fiscal year invoice for medical services rendered
to Firefighter Samuel Castro on November 20, 1991. $
1,442.17
E 3. Landy Jacobs & Associates, Inc.
Claim for payment of prior fiscal year Invoice #9405-997 for services rendered
to the Department of Law in the matter of USA Vs. City of Buffalo et al.
$ 4,100.00
E 4. Paul F. Murak, Esq.
Claim for payment of a prior fiscal year invoice for services rendered to the
City between 1985 and 1992 in the Hurd Tax Refund Litigation.
$ 2,790.00
E 5. The Research Foundation of SUNY
Claim for payment of a prior fiscal year invoice Account #00400 for a college
work study program to the Department of Law from April 4, 1994 to May 20, 1994.
$ 147.47
E 6. United Uniform Company
Claim for payment of prior fiscal year Invoice #42571 and #42572 for services
to the Police Department for insulated boots and a Police Spring/Fall jacket.
$328.22
E 7. Water Division
Claim for payment of four (4) prior fiscal year invoices for services rendered
to the Division of Real Estate for water turn offs for property at 432-34
Connecticut, 121 Fougeron, 77 Pershing (rear) and 48-60 Metcalfe. $
308.67
E 8. Williams Psychiatric, P.C.
Claim for payment of a prior fiscal year invoice for medical services rendered
to Firefighter Elizabeth Kraebel in February 1994. $165.52
There are no Insurance Companies involved in the settlement of the above
claims.
That checks be drawn on the account of 81-2 General City Charges
100-812-000-00-809 Judgment and Claims Prior Years, payable to the respective
claimants and their attorneys, if any, in the amount set opposite their names,
respectively, and delivered to them upon execution and delivery to the
Corporation Counsel of the proper releases where such releases are indicated.
PASSED.
AYES- 13 NOES- 0.
No. 76
Report to the Claims Committee
That, upon the recommendation of the Common Council, the following
claims be paid:
F 1 Joyce Buerger
Claim for damage to a house at 113 Newman Place by a tree that fell on it
$ 400.00
F 2. Walter P. Mazuchowski
Claim for pothole damage to claimant's vehicle on Amherst Street near Parkside.
$ 225.00
That checks be drawn on the account of 81-2 General City Charges
100-812-000-00-809 Judgment and Claims Prior Years, payable to the respective
claimants and their attorneys, if any in the amount set opposite their names,
respectively, and delivered to them upon execution and delivery to the
Corporation Counsel of the releases where such releases are indicated.
PASSED.
AYES- 13 NOES- 0.
No. 77
A. Brudek/E. Wagner - Incorrect Pension Deductions
(Item # F- 3 CCP December 6, 1994)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
CIVIL SERVICE
HON. ROSEMARIE LOTEMPIO
CHAIRMAN
No. 78
Agreement - City of Buffalo and
Buffalo Crossing Guards Association
(Item No. 80, C.C.P., Nov. 15, 1994)
That the Contractual Settlement Agreement between the City of
Buffalo and the Buffalo Crossing Guards Association, for the contract period
July 1, 1994 through June 30, 1997 be approved and ratified.
PASSED.
AYES- 13 NOES- 0.
No. 79
Salary Ordinance Amendment
011 - City Clerk
001 - City Clerk
(Item No. 148, C.C.P., Nov. 29,1994)
That the Salary Ordinance Amendment as contained in Item No. 148,
C.C.P., November 29, 1994, be and the same hereby is approved.
PASSED.
AYES- 13 NOES- 0.
No. 80
Residency Waivers Exempt/Unclassified (CSC)
(Item # 82 CCP June 28, 1994)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 81
Residency - Treasurer (CSC)
(Item # 55 CCP November 29, 1994)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 82
Appointment
Data Control Clerk
That Communication 52 November 29, 1994 be received and filed
and permanent appointment of Patricia Halligan stated above at the intermediate
salary $23,682.00 effective on November 28, 1994 is here approved.
PASSED.
AYES- 13 NOES- 0.
No. 83
Notices of Appointments - Temp./Prov./Perm.
(Item # 68 CCP November 29, 1994)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
FINANCE
HON. DAVID A. COLLINS
CHAIRMAN
No. 84
Construct Project Agreements for City
(Item # 261 CCP July 26, 1994)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 85
Result of Negotiations - 166 Myrtle
(Item No. 7, C.C.P., Nov. 29,1994)
That the offer of Mr. Santos and Rita Rodriquez, 170 Myrtle Street,
Buffalo, in the sum of $400.00 (Four Hundred Dollars) to purchase the property
described as 166 Myrtle, 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 with the bid was submitted, provided,
however,
That the appraisal requested by the City of Buffalo shall be paid by the
purchaser; and
That the transfer tax, recording fees and cost of legal description will
be paid by the purchaser.
PASSED.
AYES- 13 NOES- 0.
No. 86
Report of Bids Crack Sealing of City Pavements 1994-1995
(Item No. 21, C.C.P., Nov. 29, 1994)
That the Commissioner of Public Works be, and he hereby is, authorized
to award a contract for Crack Sealing of City Pavements 1994-95, to Amherst
Paving, Incorporated, the lowest responsible bidder, in an amount not to exceed
$85,900.00, for a total encumbrance of $85,900.00. Funds for this work are
available in the Capital Projects Fund 4200-401-507-00-000.
PASSED.
AYES- 13 NOES- 0.
No. 87
Report of Bids - Repair to Street Cuts 1994-1995
(Item No. 22, C.C.P., Nov. 29,1994)
That the Commissioner of Public Works be, and he hereby is, authorized
to award a contract for Repair to Street Curbs 1994-95, to Thomann & Loewer
Asphalt Paving Corporation, the lowest responsible bidder, in an amount not to
exceed $233,267,00, for a total encumbrance of $233,267.00. Funds for this work
are available in the Capital Projects Fund #200-401-507-00-000.
PASSED.
AYES- 13 NOES- 0.
No. 88
Change in Contract - New Roof Memorial Auditorium
(Item No. 24, C.C.P., Nov. 29, 1994)
That the Commissioner of Public Works be, and he hereby is, authorized
to issue change order 41 to Jos. A. Sanders & Sons, Inc., changes resulting in
a net increase in the amount of $43,07 1. 00, as more fully described in the
above communication, for contract relating to New Roof, Memorial Auditorium
Contract No. 91752900.
PASSED.
AYES- 13 NOES- 0.
No. 89
Report Of Additional Demolition Costs for 1605 Genesee St
(Item No. 46, C.C.P., Nov. 29, 1994)
That the above item be, and hereby is returned to the Common Council
without recommendation.
Mr. Franczyk moved:
That the award by the Commissioner of Inspections and Community
Revitalization of an additional amount for demolition at a cost of $3,500.00
with a total cost of $15,788.00 relating to 1605 Genesee Street, is hereby
confirmed, ratified and approved, with said cost to be charged against the
Capital Outlay Account 9100-241-085-00-900.
PASSED.
AYES- 13 NOES- 0.
No. 90
Disposal of Buffalo's Stock of Sevin
(Item No. 32, C.C.P., Nov. 29, 1994)
That the above item be, and hereby is returned to the Common Council
without recommendation.
Mr. Collins moved:
That the Commissioner of Parks be, and he hereby is, authorized to
negotiate with the New York State Department of Environmental Conservation and
Agway of Eden, New York to arrange for the Parks Department's supply of Sevin
be taken from the City. Agway will reimburse the City 25% of the money which
users pay Agway for the products.
PASSED.
AYES- 13 NOES- 0.
No. 91
Locations For Tree Contracts (Parks)
(Item # 29 CCP November 29, 1994)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 92
Ordinance Amendment
Chapter 175 - Fees - Christmas Tree Sale or Permit
(Item No. 203, C.C.P., Nov. 15, 1994)
(Item No. 120, C.C.P., Nov. 29, 1994)
That the Ordinance Amendment as contained in Item No. 203, C.C.P.,
November 15, 1994, be and the same hereby is approved.
Mr. Collins now moved to recommit to the Committee on Finance.
ADOPTED.
No. 93
Ordinance Amendment
Chapter 463 Article III Sale of Christmas Trees
(Item No. 204, C.C.P., Nov. 15, 1994)
(Item No. 121, C.C.P., Nov. 29, 1994)
That the Ordinance Amendment as contained in Item No. 204, C.C.P.,
November 15, 1994, be and the same hereby is approved.
Mr. Collins now moved to recommit to the Committee on Finance.
ADOPTED.
No. 94
Policy on Home Improvement Permits (Assmt.)
(Item # 22 CCP November 15, 1994)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 95
1994-95 Snow Plan (Sts)
(Item # 59 CCP November 1, 1994)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 96
Convention Center - Change Audit Reporting Requirement
(Item No. 100, C.C.P., Nov. 15, 1994)
That this Common Council approves eliminating the necessity to
file quarterly financial statements by the Buffalo Convention Center Management
Corporation.
ADOPTED.
No. 97
Convention Center Auditing Requirements (Compt)
(Item # 11 CCP November 29, 1994)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 98
NYSDOT - Reply To Concerns About Grider Ramp
(Item # 90 CCP April 19, 1994)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 99
Concerns about Grider Ramp (PW)
(Item # 41 CCP May 31, 1994)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 100
NYSDOT - Grider Street Ramp (CC)
(Item 87 CCP July 26, 1994)
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
No. 101
Appointments of Members to the Buffalo Water Board
(Item No. 1, C.C.P., Nov. 1, 1994)
That the appointment of Warren K. Galloway, 111 W. Humboldt Parkway,
Buffalo, 14214; the appointment of John R. Sole, 641 Forest Avenue, Buffalo,
14222, as members of the Buffalo Water Board for terms to expire on December
31, 1996, be and hereby are confirmed.
ADOPTED.
LEGISLATION
HON. ALFRED T. COPPOLA
CHAIRMAN
No. 102
Len-Co Lumber, Petition to use 1374 Seneca Street for a BillBoard
(Item No. 78, C.C.P., Nov. 29, 1994)
That after a public hearing before the Committee on Legislation
on December 6, 1994, the petition of Len-Co Lumber, owner, for permission to
use 1374 Seneca Street for an illuminated bill board be, and hereby is denied.
ADOPTED.
No. 103
Marine Midland Bank, Petition To Use
1726 Hertel Avenue - Pole Sign
(Item No. 80, C.C.P., Nov. 29, 1994)
That after a public hearing before the Committee on Legislation
on December 6, 1994, the petition of Marine Midland Bank, owner, for permission
to use 1726 Hertel Avenue for a pole sign be, and hereby is approved.
PASSED.
AYES- 13 NOES- 0.
No. 104
Edward Bogom - Encroachment 2030 Hertel Avenue
(Item No. 78, C.C.P., Oct. 18, 1994)
That the strip of land fronting Beard Avenue burdened by the foregoing
encroachment, is determined to be unnecessary to further any public purpose and
is hereby abandoned as a public right of way, as described as follows-.
ALL THAT TRACT OR PARCEL OF LAND, situate in the City of Buffalo, County
of Erie and State of New York, being part of lots 69 and 70, Township 11, Range
8 of the Holland Land Company's survey, being more particularly bounded and
described as follows:
Commencing at a point in the westerly line of Beard Avenue approximately
145 feet from the intersection of the westerly line of Beard Avenue with the
northerly line of Hertel Avenue; running thence southeasterly at a right angle
to Beard Avenue approximately 1.75 feet more or less; running thence
northeasterly on a line parallel with the west line of Beard Avenue
approximately 20 feet more or less to a point-, running thence southeasterly at
right angles to Beard Avenue approximately 2 feet more or less to a point;
running thence northeasterly on a line drawn parallel to Beard Avenue
approximately 6 feet more or less to a point; running thence southeasterly at a
right angle to the westerly line of Beard Avenue to a point distant 6.0 feet
from the northerly line of Beard Avenue; running thence northeasterly on a line
drawn parallel with the westerly line of Beard Avenue 14. 1 0 feet more or less
to a point; running thence northwesterly at a right angle to the westerly line
of Beard Avenue a distance of 5.95 feet more or less; running thence
southwesterly along the westerly line of Beard Avenue to the point or place of
beginning.
That the Mayor be, and hereby is, authorized to execute a deed to said
property to Edward Bogom and Fannie W. Bogom for $1.00 (Only One Dollar).
PASSED.
AYES- 13 NOES- 0.
No. 105
Ordinance Amendment - Chapter 12 - Code of Ethics
(Item No. 138, C.C.P., Nov. 29, 1994)
That the above item be, and hereby is returned to the Common Council
without recommendation.
Mr. Coppola now moved to recommit to the Committee on Legislation.
ADOPTED.
No. 106
Fine For Non-Compliance With Disclosure (Bd. Eth.)
(Item # 7 CCP November 15, 1994)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 107
Ordinance Amendment - Chapter 343 - Promoting General
Welfare of Minors in Public Places
(Item No. 145, C.C.P., Nov. 29,1994)
That the Ordinance Amendment as contained in Item No. 145, C.C.P.,
November 29, 1994, be and the same hereby is approved.
PASSED.
AYES- BELL, CZAJKA, FAHEY, FRANCZYK, HELFER, LOCKWOOD, LOTEMPIO, PERLA,
ZUCHLEWSKI- 9.
NOES- ARTHUR, COLLINS, COPPOLA, PITTS- 4.
No. 108
Safety of City Property (Assmt)
(Item # 12 CCP November 29, 1994)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 109
Security In And Around City Hall
(Item No. 141, C.C.P., Nov. 29, 1994)
That this Common Council requests the Police Commissioner to develop
and implement a security plan designed to improve safety in and around City
Hall.
ADOPTED.
No. 110
Lighted Schoolhouse Program in Delaware District
(Item No. 144, C.C.P., Nov. 29, 1994)
That this Common Council directs Michael V. Smith, Commissioner
of Human Resources to open the lighted schoolhouse program in the Delaware
District at Schools 9 1, 54 and 56.
ADOPTED.
No. 111
Restructure Buffalo Municipal Housing Authority
Public Safety
(Item No. 150, C.C.P., Nov. 29, 1994)
That this Common Council requests the Corporation Counsel, the
Commissioner 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 meet to discuss the
delivery of services by the Buffalo Municipal Housing Authority Public Safety
in conjunction with the Buffalo Police Department to deal with low priority
calls
ADOPTED.
No. 112
Hamlin Park - Oppose Expansion Peace Officer Jurisdiction
(Item # 72 CCP November 29, 1994)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 113
Associated Health Care - Request Handicapped Parking
(Item No. 82, C.C.P., Nov. 1, 1994)
That this Common Council does hereby request the Commissioner
of Public Works to provide handicap parking and a curb cut for wheelchair
access in front of 1031 Main Street.
ADOPTED.
ECONOMIC DEVELOPMENT
HON. CARL A. PERLA JR.
CHAIRMAN
No. 114
BEDC - Land Bank Marketing Plan
(Item # 81 CCP October 19, 1994)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 115
Buffalo Enterprise Development Corporation
Commercial Land Bank Plan
(Item No. 101, C.C.P., Nov. 15, 1994)
That this Common Council approves the Buffalo Enterprise Development
Corporation's marketing plan for sale and development and parcels in the
Neighborhood Commercial Land Bank as originally submitted on July 2, 1992.
PASSED.
AYES- 13 NOES- 0.
No. 116
DDI - 1993 Audit Report
(Item # 87 CCP November 1, 1994)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
URBAN RENEWAL AGENCY COMMITTEE
HON. CLIFFORD BELL
CHAIRMAN
No. 117
Remove Demo Lien - 70 Watson
(Item # 156 CCP November 29, 1994)
That the above mentioned Item be and the same is hereby referred
to the Committee on Finance.
ADOPTED.
RESOLUTIONS
No. 118
By: Messrs. Arthur, Czajka, Coppola and Pitts
Status City Hall Cafeteria Bids
Whereas: The Director of Buildings and the Commissioner of Public
Works requested proposals for the operation of the City Hall Cafeteria; and
Whereas: Five proposals were submitted for the operation of said cafeteria;
and
Whereas: A decision was to be arrived at on, or about the 7th of December,
1994.
Now, Therefore, Be It Resolved That:
The Commissioner of Public Works and the Director of Buildings file with
this Common Council at the next meeting:
1. A copy of the RFP, who received them and how where they advertised.
2. Who were the five companies who responded to the RFP'S?
3. When will an operator be recommended to this Honorable Body for its
approval?
Be It Further Resolved That:
If in the event that they are not prepared to make recommendations to
this Honorable Body, state why.
REFERRED TO THE COMMITTEE ON FINANCE, THE COMMISSIONER OF PUBLIC WORKS AND THE
CORPORATION COUNSEL.
No. 119
By: Mr. Bell
Water Quality Problems
Whereas: The provision of safe, palatable drinking water is a primary
responsibility of local government- and
Whereas: A Health alert was recently issued for Buffalo's water because
turbidity levels exceeded federal standards; and
Whereas: Excessive turbidity, or cloudiness, was apparently caused by
suspended sediments that were stirred up by high winds over Lake Erie; and
Whereas: The health alert was reportedly issued because stirring sediments
is believed to increase the possibility that the water will contain
cryptosporidium - a parasite that call cause diarrhea, stomach cramps, and
fever; and
Whereas: This incident has raised several questions that need to be answered
in a way that restores public confidence in Buffalo's water supply system; and
Now Therefore Be It Resolved That:
This Common Council requests the Commissioner of Public Works to answer
the following questions:
* What is the Department's explanation for the health alert and the
turbidity level?,
* Does the City anticipate installing filters adequate to filter out
cryptosporidium and to avoid further health alerts?;
* What is the Water Authority's capital improvement program for the next
five years?;
* Why isn't the chlorination process adequate to kill cryptosporidium?;
* What is the cause of the poor taste of the city's water and is it related
to an inability to filter suspended solids?;
* Will anticipated filtration changes improve the taste of city water?;
* If not, what changes are needed?;
* Is there any back up system in place for water supply that would allow
Western New York municipalities to be assured of a safe water supply if their
primary water system falters or fails?;
* If not, what would it take to establish a "mutual aid" backup system?;
* How can an effective system be established for notifying the public with
accurate information when health emergencies such as this occur?, and
Be It Further Resolved, that:
This Common Council requests the Erie County health Department, as the
agency which issued the health alert, to answer the following questions:
* What is the rationale for advising only certain people to boil the water
before using it and how sure are we that those are the only people likely to be
affected?;
* What are the worst-case health impacts that the alert was intended to
avoid?;
* Is anyone monitoring Hospital and clinic reports for evidence of health
effects from Buffalo's water?;
* How did hospitals and nursing homes, which house large numbers of people
with weakened immune systems, cope with the health alert?;
* Are there other health-threatening organisms in addition to
cryptosporidium that are more likely to be in the finished water under turbid
conditions?
REFERRED TO THE COMMITTEE ON FINANCE, THE COMMISSIONER OF PUBLIC WORKS, THE
ERIE COUNTY HEALTH DEPARTMENT AND THE ERIE COUNTY WATER AUTHORITY.
No. 120
By: Mr. Bell
Report on Status of Investigations Of All 1994 Homicides in the
City of Buffalo
Whereas: When citizens remember 1994, they will remember it as
the year of the murders, the year Buffalo recorded it's all time highest number
of homicides, breaking a previous record of 81 victims in 1971; and
Whereas: As of December 12, 1994, the grim number of homicides stands at 87
persons and counting. What is even more grim is the fact that the majority of
these 87 killings are unsolved with no leads to identify and apprehend the
murderers; and
Whereas: Residents of the City remain stunned, partly because of the
violence that has turned their streets into battlefields, but more so by the
inability of the Buffalo Police Department to deter violence, apprehend
suspects and solve the murders; and
Whereas: The wave of killing that has engulfed the City of Buffalo has
seriously eroded many residents faith in the Police Department's ability to
protect them, thus forcing many to take measures such as not volunteering
crucial information regarding crimes; and
Whereas: Establishing confidential telephone information "Hot Lines" for
public use, providing monetary rewards for information leading to convictions
and providing the public with periodic report updates as to the progress of
police investigations would foster a more proactive approach to solving these
crimes and restore a sense of hope for our City; and
Whereas: As members of this Common Council it is encumbered upon this body
to take any measures necessary to preserve the safety and welfare of our
citizenry.
Now, Therefore Be It Resolved That:
This Common Council requests the Commissioner of the Buffalo Police
Department to file a report detailing the investigation status of each of 87
murders cases recorded and for any murder cases still unsolved, respond as to
the applicability of the above stated suggestions or how the public could be
more useful in investigations.
REFERRED TO THE POLICE REORGANIZATION TASK FORCE AND THE COMMISSIONER OF
POLICE.
No. 121
By: Mr. Collins
Transfer Funds
Water Division - Exempt Items
Water Division - Servicing Automotive Equipment
That pursuant to section 42 of the Charter and the Certificate
of tile Mayor and the Comptroller submitted to the Common Council, the sum of
$17,000 be and the same is hereby transferred from Water - Exempt Items and
said sum is hereby reappropriated as set forth below:
From:
410 Water Fund
980 Division of Water
819 - Exempt Items
842 - Reserve for Capital Improvements $17,000
To:
410 Water Fund
980 Division of Water
032 - Servicing Automotive Equipment
501 - Body Repairs $ 500
503 - Automotive - Transmission Service $ 6,000
504 - Automotive - Other Servicing $10,500
PASSED.
AYES- 13 NOES- 0.
No. 122
By: Mr. Collins
Increased Appropriation
City Revenue
Division of Collections
That, Pursuant to Section 41 of the Charter and the Certificate
of the Mayor and the Comptroller submitted to the Common Council, the
appropriation in the budget for the current fiscal year for Appropriation
Allotments - Department of Audit and Control, Division of Collections be and
the same hereby is increased in the sum of $40,000
That, the comptroller be and hereby is authorized and directed to
increase the revenue estimate of account:
Revenue City
100 General Fund
044 - Division of Collections
402 -City
61400 - Collection Processing Charges $40,000
To meet the increased appropriation as set forth below:
100 General Fund
044 - Division of Collections
001 - Collections
570 - Financial and Accounting Services $40,000
PASSED.
AYES- 13 NOES- 0.
No. 123
By: Mr. Coppola
Request Reduction in Fee for Liquor Licenses in City
Whereas: New York State's Alcoholic Beverage Control Division is
responsible for setting the fee for liquor licenses; and
Whereas: The fee for a liquor license for a restaurant or tavern selling a
full compliment of alcoholic beverages in the City of Buffalo would be $3,600
for a three-year period, while a liquor license in Cheektowaga for the same
kind of establishment would be $2,100 for three years; and
Whereas: The fees are determined by population density, but according to the
1990 Census the City of Buffalo has lost a significant amount of population
since 1980, presumably to the suburbs; and
Whereas: It seems unfair that restaurant and tavern owners in the City of
Buffalo have to pay more for a liquor license than their counterparts in the
suburbs, especially since the suburbs are now more densely populated, just
because their business is situated within the city limits; and
Whereas: In fairness to all restaurant and tavern owners in Erie County, the
fee for liquor licenses should be equalized throughout the county.
Now Therefore Be It Resolved That:
This Common Council requests that the City Clerk send a certified copy of
this resolution with a request to the New York State Alcoholic Beverage Control
Division asking for a response by the next full Council meeting on why liquor
licenses issued to restaurants and taverns in the City of Buffalo cost
significantly more than those issued in the suburbs.
REFERRED TO THE COMMITTEE ON FINANCE AND THE NEW YORK STATE LIQUOR AUTHORITY.
No. 124
By: Mr. Coppola
Reform Guidelines on
Off-year Assessment Increases
Whereas: The Department of Assessment cites Section 305 of the
New York State Real Property Tax Law as the standard for assessing real
property in the City of Buffalo since 1981; and
Whereas: A communication on the Council's November 15, 1994, agenda from
Commissioner Tanzella states that the "Department of Assessment does not
increase assessments for "basic maintenance" but rather attempts to distinguish
between "basic building maintenance" and "capital" building improvements; and
Whereas: The communication further states that the department determines if
a permit is secured for basic building maintenance such as roof or porch
repairs, it would have a neutral impact upon market value, but if the permit is
secured for increases in size and/or square footage it is considered a capital
improvement with a positive impact on market value resulting in an appropriate
increase in the assessed value; and
Whereas: When a property owner is forced to secure a permit for repairs,
either due to a citation from an inspector or an unexpected emergency requiring
extensive work, the assessment should not be increased because the work has
made the house only saleable, yet there have been recent incidents where
kitchen, bathroom, and garage repairs were treated as capital improvements and
assessments were increased; and
Whereas: Many property owners are failing to secure the proper permit
because they fear this will result in an increase in their assessments; and
Whereas: If a property owner is forced to make extensive repairs, he should
not be penalized with an increase in the assessed value of his house, rather
the city should increase the assessment only after the next city-wide
revaluation is performed or the property is sold to reflect its true market
value.
Now Therefore Be It Resolved That:
This Common Council agrees that property owners forced to make extensive
repairs should not be penalized with increased assessments because the
Department of Assessment determines the repairs are capital in nature, rather
the city should increase the assessment only after the next city-wide
revaluation is performed or the property is sold to reflect true market value.
Be It Further Resolved That
Property owners in the City of Buffalo be made aware that this Common
Council encourages such improvements without penalty of increased assessments.
REFERRED TO THE COMMITTEE ON FINANCE, THE COMMISSIONER OF ASSESSMENT AND THE
CORPORATION COUNSEL.
No. 125
By: Mr. Coppola
Immediate Investigation on
Cellblock and Central Booking
Facilities at City Court
Whereas: New cellblock and central booking facilities at City Court
were completed in 1991 at a cost of $400,000 to the taxpayers of the City of
Buffalo, but to date have not been used; and
Whereas: Plumbing has not been connected in the cellblock, and the basement
central booking facilities are unusable because of structural and flooding
problems; and
Whereas: Electrical wiring and communications cables allowing access to the
police department's computer system are inadequate; and
Whereas: According to recent reports, this facility was built without the
necessary review and approval by the State Commission of Corrections; and
Whereas: This Common Council was repeatedly assured by all parties involved
that this facility, which would be more convenient and free officers for patrol
duty by modernizing the booking and holding process, was state-of-the-art and
would be the best location.
Now Therefore Be It Resolved
That this Common Council requests an immediate investigation by the
Department of Public Works into the construction of the cellblock and central
booking facilities at City Court, and that the investigation include who
authorized the project and why the contractor didn't request a change order to
deal with the obvious flooding problems.
REFERRED TO THE COMMITTEE ON FINANCE, THE COMMISSIONER OF PUBLIC WORKS AND THE
CORPORATION COUNSEL.
No. 126
By: Messrs. Coppola, Arthur, Collins,& Mrs. LoTempio
Oppose Reformulated Gasoline
Whereas: The Clean Air Act of 1990 imposes a deadline of January
1, 1995, requiring the use of Reformulated Gasoline (RFG) for smog-bound urban
areas such as New York City, Chicago, and Los Angeles, and has also been
mandated for Buffalo, and Erie and Niagara Counties; and
Whereas: RFG, a blend of gasoline and alcohol, is expected to cost up to ten
cents more a gallon, produces a higher oxygen content than straight gasoline,
and reduces fuel efficiency by up to two miles per gallon in some engines; and
Whereas: While late-model cars have been designed specifically with the new
fuel mandates in mind with larger fuel lines and injectors, RFG is not
recommended for older model vehicles a fuel lines may clog with sediment
collected in fuel tanks over time by the cleansing agents in RFG and carried to
the engine, nor is it recommended for smaller engines such as lawn mowers or
snow blowers; and
Whereas: Numerous complaints have been received and concern has been
expressed about the negative effect RFG has already had on engines; and
Whereas: The economy in this part of the state is depressed with many car
owners keeping their cars longer, these owners winnow be forced to make
expensive repairs to their engines, which in most cases will not be covered by
manufacturers' warranties; and
Whereas: Also, it is questionable whether it is necessary to mandate RFG for
Buffalo, and Erie and Niagara Counties as the prevailing winds off the Great
Lakes spare us from the air pollution and smog problems experienced in many
metropolitan areas; furthermore, according to the Federal Government, air
quality has improved in this area.
Now Therefore Be It Resolved That
This Common Council supports clean air and the mandates necessary to
improve air quality in large metropolitan areas but questions whether it is
necessary to mandate the use of Reformulated Gasoline in Buffalo, and Erie and
Niagara Counties; therefore the City Clerk is instructed to send certified
copies of this resolution to the Western New York delegation of the State
Legislature with the request that Buffalo, and Erie and Niagara Counties be
made exempt from the RFG mandate to the Clean Air Act of 1990, and
Be It Further Resolved That
This item be referred to the Committee on Legislation, the Commissioner
of Public Works, the Commissioner of Streets, the Commissioner of
Administration and Finance and the Western New York State Delegation for a
Public Hearing to be held before the Committee on Legislation, Thursday,
January 19, 1995, at 2:00 P.M..
Mr. Coppola now moved that the 1st Resolve be adopted and the 2nd Resolve
be referred to the Committee on Legislation.
ADOPTED.
No. 127
By: Mr. Franczyk
Explore Gun Intercept Program
Whereas: Buffalo reached a grim milestone when the homicide record
set at 81 deaths in 1971 was broken with 84 slayings recorded in the city as of
December 5, 1994; and,
Whereas: Although Buffalo's population has dropped by more than 100,000
persons since 1971, homicides, violent crime, and crimes with illegal guns have
increased dramatically, sapping the city's spirit and strength, as well as
endangering law abiding citizens; and,
Whereas: Most of the homicides appear to be "hits" engineered by rival drug
dealers, although, many innocent citizens have also been killed by random
gunfire or deliberate assault; and,
Whereas: The majority of homicides committed by firearms are occurring
largely in impoverished, drug scarred East and West side city neighborhoods,
with the perpetrators being a relatively small number of gun-toting thugs; and,
Whereas: In an effort to remove illegal firearms from high-crime
communities, police departments have initiated "Gun Intercept Sweeps," which
focuses on getting illegal guns off the street before the commission of a
crime- and,
Whereas: "Gun Intercept Programs" have been implemented with some early
apparent success in Kansas City and Indianapolis, where teams of police
officers patrol high-crime neighborhoods, watching for any infraction of the
law that will give them the legal opportunity to search a car or pedestrian for
illegal guns-, and,
Whereas: Police teams organized to search for and confiscate illegal
firearms have been assigned to high crime areas, where they use routine traffic
violations such as running a stop-sign to lack of a headlight, expired
registration, etc. to stop a vehicle and then use their power to search for
illegal firearms. Police have also used their city's curfew laws to search for
illegal firearms with some success; and,
Whereas: Local police departments have wider powers than they realize to go
after illegal guns, authority that stems from the 1968 United States Supreme
Court decision, Terry v. Ohio. Police have the power to "frisk" pedestrians if
they have a "reasonable belief' based on "specific and articulable facts" that
an officer might be endangered by the presence of a gun; and,
Whereas: While there are roughly 200 million guns in private hands in the
United States, experts concur that fewer than 100,000 guns are used to commit
crimes. Thus, by confiscating a relatively small number of weapons, the police
may be able to cut back the incidence of violent gun crimes significantly; and,
Whereas: According to preliminary results, the Kansas City Gun Intercept
Program has reduced gun-related crimes almost 50 % and the number of homicides
and drive-by shootings also fell; and,
Whereas: The Indianapolis Police Department has reportedly worked closely
with neighborhood block clubs, clergy and leaders before the implementation of
the Gun Intercept Program to gain key community understanding of the program
and support; and,
Whereas: The Buffalo Police Department is reportedly initiating contacts
with the Indianapolis Police Department to explore that city's Gun Intercept
Program, with an eye toward possibly putting it into place in Buffalo;
Now Therefore Be It Resolved:
That this Common Council encourages Buffalo's Police Department to
explore creating a Gun Intercept Team to be deployed in high crime
neighborhoods, and that the Police Commissioner report on the plan's
feasibility, as well as his discussions with the Indianapolis Police
Department;
Be It Further Resolved:
That the Buffalo Police Department also reach out to the Kansas City
Police Department, which has recently concluded the first test phase of its Gun
Intercept Program; and
Be It Finally Resolved:
That the Police Commissioner report to the Common Council on his findings
regarding the possibility of setting up a Gun Intercept Program for high-crime
neighborhoods in the City of Buffalo.
REFERRED TO THE COMMITTEE ON LEGISLATION , THE COMMISSIONER OF POLICE AND THE
CORPORATION COUNSEL.
No. 128
By: Mr. Franczyk
Ordinance Amendment
Chapter 129 - Certificates of Occupancy
The Common Council of the City of Buffalo does hereby ordain as
follows:
That Section 129 of the Code of the City of Buffalo be amended by adding
a new subsection 129-11 that reads as follows:
129-11 Certificate of Occupancy required for non-owner occupied one and
two family dwellings.
A. Effective June 1, 1995, notwithstanding any other applicable certificate
of occupancy requirement, any building- containing one or two dwelling units
which is not owner occupied shall not be used or occurred in whole or in part
until a certificate of occupancy shall have been issued,
B. Expiration. A certificate of occupancy as required pursuant to this
section, shall expire three (3) years after the date of its issuance, unless
sooner revoked pursuant to Section 129-8 of this Chapter.
C. Conditional Certificate of Occupancy. In order to fulfill the
requirements of this section, the Commissioner may issue a conditional
certificate of occupancy pursuant to Section 129-3. Subsection E of this
Chapter.
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 COMMISSIONER OF INSPECTIONS
AND COMMUNITY REVITALIZATION.
No. 129
By: Mr. Franczyk
Payment Of Certain Small Claims
Whereas, the Common Council, by Item No. 184, C.C.P., June 26,
179, established a specific procedure for payment of claims of $100.00 or less
and claims under Section 207 (a) and (c) of the General Municipal Law, which
pertain to medical bills of Policemen and Firemen in any amount; and
Whereas, the subject claims are eligible for consideration under the said
procedure; and
Whereas, the Department of Law has verified the validity of the claims
and recommend payment thereof:
Now, Therefore, Be It Resolved:
That the Comptroller be, and hereby is authorized to make payment of the
following claims, and that said payment be charged against the "Judgment and
Claims Account" in the Department of Law:
1. Buffalo Medical Group
Claim for payment of a prior fiscal year invoice for services rendered to
Firefighter Gordon Dietrich who fractured his back in the line of duty on July
10, 1992. The employee has not returned to work. He is on 207A disability
$91.36
2. Buffalo Medical Group/Joseph Monte, M.D.
Claim for payment of a prior fiscal year invoice for services rendered to
Police officer Michael Eason. Officer Eason was sprayed with a chemical
substance in the line of duty on June 3, 1993. He suffered conjunctivitis and
blurred vision.
The employee has returned to work $ 48.00
3. Buffalo Medical Group/Alfred M. Stein, M.D.
Claim for payment of a prior fiscal year invoice for services rendered to
Police Officer Thomas O'Malley on September 29, 1993. He was treated for
contact and exposure to lead. He has returned to work. $
46.21
4. Michele Ann Graves P/N/G of Johnathan Graves An Infant
Claim for payment of medical bills. The infant/claimant was injured on a piece
of metal imbedded in the ground at the Delaware Park Tot Lot Playground.
$ 48.37
5. Matthew Herdzik
Claim for reimbursement for prescriptions paid by Firefighter Herdzik in a
prior fiscal year. He injured his back and neck on September 2, 1986 and is on
207A Disability. $ 39.89
6. William R. Holihan
Claim for loss of garbage cans. $ 20.00
7. Sandy Kowalewski
Claim for loss of garbage cans. $ 24.00
8. Frank A. Licata, Sr., P/N/G of Frank A. Licata, Jr., an Infant
Claim for payment of medical bills. Infant/claimant was injured working in the
Mayor's Summer Youth Program at the Buffalo Zoological Gardens. This payment
is for non-covered medical bill.
$ 35.00
9. Heather McLellan
Claim for loss of garbage can. $ 5.84
10. Mills Welding Supply
Claim for payment of prior fiscal year Invoice #79745 of June 9, 1994 for
services rendered to Parking Meters and Enforcement for emergency repair of an
acetylene regulator. The proper paperwork was not submitted to the office for
payment in a timely manner.
$ 53.00
11. Radio Equipment Corporation
Claim for payment of prior fiscal year Invoice #7048 for services rendered to
the Police Department on February 18, 1993. The Department has no record of
ever receiving this invoice.
$ 30.00
12. Helen Sciolino
Claim for a refund of payments taken from her payroll/pension checks during the
period from September 13, 1992 to October 10, 1993 for medical insurance. She
is a retired crossing guard. This has been verified by Labor Relations.
$ 58.10
13. Ceil Spisiak
Claim for damage to a water meter at 108 Gorski Street. The City is
responsible for the damage done. The Department of Law has verified the claim
and recommend payment. $ 86.40
14. John P. Visco, M.D.
Claim for payment of a prior fiscal year invoice for services rendered to
Police Officer Joseph Schwartz on September 22, 1993. The Police Officer
injured his right knee while searching the premises for a burglar. He is now
retired. $ 22.76
Investigation by the Department of Law reveals that the above claims are valid
and payment is hereby recommended.
PASSED.
AYES- 13 NOES- 0.
No. 130
By: Mr. Franczyk
Demolition of 288 Miami
Whereas: The condition of the property at 288 Miami is deplorable,
with broken windows, burnt sections, and open doors serving as an open
invitation for crime; and
Whereas: Prostitutes, drug dealers, and gangs of youth, have all at one time
or another deemed this property their "home" without respect to the neighboring
residents; and
Whereas: This kind of activity has created quite a stir in the community,
where residents have been tormented by the negligent actions of this property's
owner; and
Whereas: The Inspection history of this property, under the same owner, has
its roots dating to 1982; and
Whereas: This property has been in and out of demolition court with
continuing circumstances postponing demolition; and
Whereas: The community surrounding this property can no longer accept the
repercussions of this practically abandoned building; and
Whereas: No community should have to withstand the fear stemming from
preventable crime and regularly occurring arsons at a property; and
Now, Therefore Be It Resolved:
That this Common Council request that the Department of Housing and
Property Inspections immediately take demolition action on the property located
at 288 Miami; and
Also, Be It Resolved:
That the owner be responsible for, and billed, the cost of demolition
through the City's Collection Department.
ADOPTED.
No. 131
By: Mr. Helfer
Stop The Violence Week
Whereas: The members of the support group, Family and Friends of
Murdered Children and Victims of Violence continue to feel the burden of grief
and loss caused by past violence in our city; and
Whereas: The violence on our streets has continued unabated in 1994, as
witnessed by the death of young people in our streets; and
Whereas: The violence is tearing at the fabric of our neighborhoods, eroding
our capacity to trust and work together for a common good, making people
mistrust each other and their public servants; and
Whereas: The only way that the violence will be stopped is when all are made
aware of the true cost we are paying for it's insidious presence in our
collective lives; and
Whereas: Only education and alternatives to violence will bring a halt to
its existence;
Be It Therefore Now Resolved That:
This Common Council of The City of Buffalo, recognize the week of
December 30, 1994, through January 6, 1995, as STOP THE VIOLENCE WEEK.
ADOPTED.
No. 132
By: Mr. Helfer
City of Buffalo
Local Law No. (1994)
Introductory No.13 (1994)
A LOCAL LAW amending Article 9 of the Charter of the City of Buffalo
in relation to registration of owners, mortgagees and tax agents.
BE IT ENACTED BY THE COMMON COUNCIL OF THE CITY OF BUFFALO AS FOLLOWS:
Section 1. That Section 157 of Article 9 of the Charter of the City of Buffalo,
adopted pursuant to law, is hereby amended to read as follows:
Sec. 157. Registration of Owners, Mortgagees and Tax Agents.
The department of assessment shall keep in its office a book or books of
registration in which shall be entered the name, [and] address, and telephone
number of each owner or mortgagee of land in the city who has filed the
statement of his name, [and] address, telephone number as provided in section
one hundred fifty-eight and the name, [and] address, and telephone number of
each tax agent as shown in the appointment provided in section one hundred
fifty-nine, opposite each parcel of land of which he is such owner, mortgagee
or agent, and in which shall be noted from time to time any changes in name,
[or] address, or telephone number made pursuant to such section. The address
given shall not be a post office box.
Section 2. This local law shall take effect immediately.
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 COMMISSIONER OF ADMINISTRATION
AND FINANCE.
No. 133
By: Mr. Helfer
City of Buffalo
Local Law No. (1994)
Introductory No. 14 (1994)
A LOCAL LAW amending Article 9 of the Charter of the City of Buffalo
in relation to owners and mortgagees.
BE IT ENACTED BY THE COMMON COUNCIL OF THE CITY OF BUFFALO AS FOLLOWS:
Section 1. That Section 158 of Article 9 of the Charter of the City of Buffalo,
adopted pursuant to law, is hereby amended to read as follows:
Sec. 158. [Resident] Owners and Mortgagees.
Each [resident] owner of lands in the city and each [resident] mortgagee
of any such lands shall file with the department of assessment a written
statement showing his none. [and] address, and telephone number and giving a
description of each parcel of such land of which he is the owner or mortgagee.
The address given shall not be a post office box. Upon any change in the
name, address or telephone number, a written notice of such change shall be
filed with the department of assessment.
Section 2. This local law shall take effect immediately.
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 COMMISSIONER OF ADMINISTRATION
AND FINANCE.
No. 134
By: Mr. Helfer
City of Buffalo
Local Law No. (1994)
Introductory No. 15 (1994)
A LOCAL LAW amending Article 9 of the Charter of the City of Buffalo
in relation to appointment of tax agents by non-residents.
BE IT ENACTED BY THE COMMON COUNCIL OF THE CITY OF BUFFALO AS FOLLOWS:
Section 1. That Section 159 of Article 9 of the City of Buffalo, adopted
pursuant to law, is hereby amended to read as follows:
Sec. 159. Appointment of Tax Agents by Non-residents.
Any owner or mortgagee of lands in the city but residing outside the city
may file with the department of assessment for registration a written
appointment, duly acknowledged, of a resident of the city as his tax agent, and
may from time to time file in like manner a written revocation of such
appointment or make a new appointment.
The appointment shall contain the name, address, and telephone number of
such owner or mortgagee and the name, address, and telephone number of the
agent which shall be deemed to be the name, address, and telephone number of
such agent until such owner, mortgagee or agent files with said department a
written notice of change of name, address , and/or telephone number. The
address given shall not be a post office box.
Section 2. This local law shall take effect immediately.
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 COMMISSIONER OF ADMINISTRATION
AND FINANCE.
No. 135
By: Mrs. LoTempio
Salary Ordinance Amendment
Department of Police
School Crossing Guards
1994-95
The Common Council of the City of Buffalo does hereby ordain as
follows:
That Section 1 of Chapter 35 of the Ordinances of the City of Buffalo,
relating to the Department of Police, listed under the subheading relating to
positions covered by the School Crossing Guards bargaining agreement, is hereby
amended to read as follows:
(Note: Old salaries are in brackets )
20 - Department of Police
20-2 Bureau of Special services
Temporary services as Required
Civilian School
Crossing Guard (Hourly) ($5.71 - $6.80] $5.85 - $6.97
The Commissioner of Police shall appoint and may, at pleasure, remove
civilian school crossing guards, who shall be employed for not more than 200
days in any fiscal year on days when elementary schools are scheduled to be in
session, during training periods to be fixed by the Commissioner of Police and
on such other days as the Commissioner of Police may deem advisable or proper,
for the purpose of safeguarding children at various crossings of public streets
while going to and returning from daytime sessions at such schools. He shall
also fix, determine and coordinate the daily hours of duty of each such
civilian school crossing guard in keeping with the times of convening and
recessing of the respective school or schools served by each such guard.
The Commissioner of Police shall be charged with the duty and power of
governing, disciplining, regulating and training civilian school crossing
guards, and shall exercise such other powers and perform such other duties, as
are conferred by law upon an appointing power to effectuate the intent and
purpose expressed herein, and to that end may from time to time make and
enforce orders, rules and regulations not inconsistent herewith.
Civilian school crossing guards shall not be members of the Department of
Police, nor shall the provisions of the Charter and Code of the City of Buffalo
or any other law or resolution applicable to members of the Department of
Police or to members of the police force be applicable to the positions of
civilian school crossing guards.
This ordinance shall be effective retroactive to July 1, 1994.
It is hereby certified, pursuant to Section 34 of the Charter, that the
immediate passage of the foregoing ordinance is necessary.
The undersigned, heads of departments and city agencies and appointing
powers, each recommends with respect to the positions set forth in the
foregoing ordinance to which he has the power of appointment and the Director
of the Budget recommends that the compensation for said positions be raised and
fixed at the respective amounts set forth in the foregoing ordinance.
We, Anthony M. Masiello, Mayor and Joel A. Giambra, Comptroller, pursuant
to Section 454 of the Charter of the City of Buffalo, hereby certify that the
interests of the City will be subserved by the increase in compensation
provided for the positions set forth in the foregoing ordinance.
APPROVED AS TO FORM
Edward Peace
Corporation Counsel
PASSED.
AYES- 13 NOES- 0.
No. 136
By: Mrs. LoTempio
Salary Ordinance Amendment
21 - Department of Fire
The Common Council of the City of Buffalo do ordain as follows:
That Section 1 of Chapter 35 of the Ordinances of the City of Buffalo,
relating to 21-0 Department of Fire, under the various subheadings relating to
positions listed below is hereby amended as follows:
(NOTE: old salaries are in brackets)
21 - DEPARTMENT OF FIRE
011 - FIRE FIGHTING SERVICES
4 DIVISION FIRE CHIEF (57,987) 59,822
17 BATTALION CHIEF (52,680) 54,366
39 FIRE CAPTAIN (48,224) 49,767
118 FIRE LIEUTENANT (45,982) 47,453
625 FIREFIGHTER (29,374 -39,711) 30,314 -40,982
012 - FIRE PREVENTION SERVICES
1 BATTALION CHIEF (52,680 ] 54,366
1 FIRE CAPTAIN (48,224) 49,767
9 FIRE LIEUTENANT (45,982) 47,453
021 - ADMINISTRATIVE SERVICES
1 CHIEF FIRE ADMINISTRATOR (48,224) 49,767
022 - FIRE DEFENSE & TRAINING SERVICES
1 BATTALION CHIEF (52,680) 54,366
1 FIRE CAPTAIN (48,224) 49,767
3 FIRE LIEUTENANT (45,982) 47,453
023 - FIRE ALARM TELEGRAPH SYSTEM
1 SPRNDT OF FIRE ALARM SYSTEM (52,680) 54,366
1 CHIEF OF COMMUNICATIONS (52,680) 54,366
1 ASST SUPERINTENDENT OF
FIRE ALARM SYSTEM (48,224) 49,767
4 FIRE ALARM DISPATCHER (47,228) 48,739
12 ASST FIRE ALARM DISPATCHER (43,409) 44,798
1 ASSISTANT FIRE ALARM DISPATCHER
(ROBERT EISLER, ONLY) (43,409) 44,798
This ordinance shall be effective January 1, 1995.
It is hereby certified, pursuant to Section 34 of the Charter, that the
immediate passage of the foregoing ordinance is necessary.
We, Cornelius J. Keane, Commissioner of Fire and James B. Milroy,
Director of Budget recommend that the compensation for said positions be raised
and fixed at the respective amounts set forth in the foregoing - ordinance
We, Anthony M. Masiello, Mayor and Joel A. Giambra, Comptroller, pursuant
to Section 454 of the Charter of the City of Buffalo, hereby certify that
considering the determination of the public arbitration panel and contingent
upon prior or concurrent action to provide and authorize funding thereof, the
interests of the City will be subserved by the increase in compensation
provided for the positions set forth in the foregoing ordinance.
APPROVED AS TO FORM
Edward Peace
Corporation Counsel
PASSED.
AYES- 13 NOES- 0.
No. 137
By: Mrs. LoTempio
Ordinance Amendment
Section 9 of Chapter 35
Salary and Wage Schedule "D"
1994-95
The Common Council of the City of Buffalo does hereby ordain as
follows:
That part of Subdivision (a) of Section 9 of Chapter 35 of the Ordinances
of the City of Buffalo relating to Salary and Wage Schedule "D", Local 282,
I.A.F.F., AFL-CIO, is hereby amended to read as follows:
(See attached Schedule "D")
and
That the attached Schedule "D" shall be effective January 1, 1995.
APPROVED AS TO FORM
Edward Peace
Corporation Counsel
PASSED.
AYES- 13 NOES- 0.
SALARY & WAGE SCHEDULE "D"
EFFECTIVE JANUARY 1, 1995
GRADE STEP 1 STEP 2 STEP 3 STEP 4 STEP 5
2 30,314 32,980 35,646 38,312 40,982
3 43,942
4 44,798
5 47,453
6 48,739
7 49,767
8 54,366
9 59,822
The above Schedule "D" shall become effective on January 1, 1995.
This schedule Is applicable to uniformed members of the Buffalo Fire
Department - Local 282, I.A.F.F., AFL-CIO, Buffalo Professional Firefighters'
Association, Inc.
No. 138
By: Mrs. LoTempio and Mr. Pitts
Opening of Rotary Ice Rink
Whereas: The city of Buffalo, the Buffalo Urban Renewal Agency,
Buffalo Place Incorporated, and First Rink, Inc. are all parties in various
agreements which govern the operations of Fountain Plaza and the Rotary Ice
Rink; and
Whereas: While First Rink manages the ice rink facility, it is not
responsible for installation of the ice surface; and
Whereas: To date, an ice surface has not been installed, even though the
skating season is loosely described as the period between November 1 and March
31; and
Whereas: The failure to have an ice surface in place has resulted in the
cancellation of free public skating sessions, Holiday on Ice (a free skating
show), and a skating session for a special education class from the Academic
Challenge Center; and
Whereas: Various reports blame high winds, warm weather, and the dumping of
a load of garbage on November 21st as reasons for the failure to open the rink;
and
Whereas: Outdoor rinks in nearby cities, including Rochester, Niagara Falls,
and Toronto have been operational for at least two weeks, and in some cases,
for over a month; and
Whereas: It is ludicrous that Rotary Rink is not yet available for use;
Now, Therefore, Be It Resolved:
That this Common Council request that BURA, Buffalo Place, and First
Rink respond to the following:
1) What is the actual reason that the ice surface in the rink has not been
installed?
2) When will the rink open?
3) Was a load of garbage actually dumped into the surface area on or about
November 21? If so, please provide an explanation.
4) That the policy and responsibility for the installation of the ice
surface be clearly explained; and
Be It Further Resolved:
That all of the parties involved in the operation and management of
Rotary Rink do all within their power to expedite the opening of the facility;
and
Be It Further Resolved:
That responses to the above inquiries be filed with this council prior to
2:00 P.M. on Thursday, December 22, 1994; and
Be It Finally Resolved:
That the City Clerk certify passage of this resolution and forward copies
thereof to BURA, First Rink, Inc., and Buffalo Place Inc.
REFERRED TO THE COMMITTEE ON FINANCE AND THE COMMISSIONER OF COMMUNITY
DEVELOPMENT.
No. 139
By: Mr. Perla
CDBG Section 108 Funds
Gateway Development Associates, Ltd.
Whereas, the City of Buffalo seeks to encourage economic redevelopment
of the Porter Avenue/Peace Bridge area; and
Whereas, the Department of Community Development of the City of Buffalo
wishes to use a $1,532,000.00 Section 108 loan for the Gateway Project; and
Whereas, The United States Department of Housing and Urban Development
regulations requires a definitive authorizing resolution.
Now, Therefore, Be It Resolved:
1. That the City of Buffalo and the City of Buffalo Urban Renewal Agency are
hereby authorized to enter into a Section 108 Loan as follows:
a. The Section 108 loan shall be a pass through loan from the United
States Department of Housing and Urban Development.
b. That the City of Buffalo is hereby authorized to pledge its Community
Development Block Grants as security for the Section 108 loan.
c. The loan shall be administered by The Buffalo Enterprise Development
Corporation.
d. The loan shall be granted to Gateway Development Associates, Ltd.
(hereinafter referred to as "Gateway").
e. The loan shall be secured by:
(i) A first lien on fixed assets;
(ii) A first mortgage and assignment of rents/contracts on 136 Lakeview,
637 Fourth Street and 602 Porter Avenue; and
(iii) Key man life insurance on Mr. Peter Elia.
2. That the Mayor of the City of Buffalo and the Commissioner of Community
Development acting in their capacities as Mayor and Commissioner, or Chairman
and Vice-Chairman of the City of Buffalo Urban Renewal Agency, respectively,
are hereby authorized to execute any and all documents deemed necessary by
their appropriate legal counsel to effect this resolution.
REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT.
No. 140
By: Mr. Perla
Legal Action Against Central Terminal Owners
Whereas: The Buffalo Central Terminal, which opened its doors 64
years ago, has deteriorated and has been vandalized numerous times; and
Whereas: Redevelopment with private dollars would fend off decay or
potential demolition; and
Whereas: Despite efforts to redevelop the Central Terminal, no developer has
successfully presented a plan to redevelop the terminal; and
Whereas: The current owners, Samuel M. & Betty Tuchman, have not adequately
sealed or repaired the structure as required by law, resulting in the owners
being cited by the City;
Now, Therefore Be It Resolved That:
The City of Buffalo Corporation Counsel take whatever legal action
necessary to make Mr. & Mrs. Tuchman accountable for securing the Central
Terminal.
REFERRED TO THE COMMITTEE ON FINANCE, THE COMMISSIONER OF INSPECTIONS AND
COMMUNITY DEVELOPMENT AND THE CORPORATION COUNSEL.
No. 141
By: Messrs. Perla and Pitts
Toxic Leak at Peace Bridge and Evacuation Of Nearby Residents
Whereas: On November 24, 1994, at approximately 8:00 PM, a tanker
truck leaking Ethyl Actylate fumes forced the closing of the Peace Bridge and
its approach roads for approximately three hours, and resulted in the
evacuation of nearby homes; and
Whereas: Because Ethyl Acrylate is a toxic substance which may be poisonous
if inhaled or absorbed through the skin, this incident was a potentially
hazardous one which, if not handled correctly, could have had severe
consequences for the neighborhood surrounding the Peace Bridge; and
Whereas: The Common Council and the residents of the Peace Bridge area feel
that several questions remain regarding the process for handling these types of
situations;
Now Therefore Be It Resolved, that:
This Common Council requests reports on this incident from the Peace
Bridge Authority, the NYSDEC, the Buffalo Fire Department, the Buffalo Police
Department, and the Erie County Commissioner of Emergency Services; and
Be It Further Resolved, that:
This Council further requests a copy of the plans or guidelines the Peace
Bridge Authority uses for emergency situations.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE COMMISSIONER OF FIRE, THE
COMMISSIONER OF POLICE, ERIE COUNTY EMERGENCY SERVICE AND THE PEACE BRIDGE
AUTHORITY.
No. 142
By: Mr. Pitts
Removal of Michigan Avenue Bridge
Whereas: A recent State Transportation Department study indicates
that the Michigan Avenue bridge is in serious decline. Its structure is
corroded and deteriorated: and
Whereas: The State Department of Transportation and the City of Buffalo have
warned that the bridge may collapse if traveled consistently by over-loaded
vehicles: and
Whereas: City of Buffalo police have been assigned to monitor the traffic
across the bridge in order to deter the use by over-loaded. vehicles; and
Whereas: The City of Buffalo has taken a position that the bridge should be
removed. City capital bond monies have been identified for such purpose.
However, the city does not have enough money and has requested that the State
of New York provide assistance; and
Whereas: The City of Buffalo and State Department of Transportation have
conducted the appropriate studies and hearings to have the bridge removed. The
present alert concerning this condition of the bridge augurs much quicker
action.
Now, Therefore, Be It Resolved:
That the Department of Public Works provide a report on the present
condition of the Michigan Avenue Bridge; and
Be It Further Resolved:
That the Commissioner of Public Works requests monies from the State
Department of Transportation to demolish the bridge immediately.
REFERRED TO THE COMMITTEE ON FINANCE, THE COMMISSIONER OF PUBLIC WORKS AND THE
NEW YORK STATE DEPARTMENT OF TRANSPORTATION.
No. 143
By: Mr. Zuchlewski
Elmwood Ave. Parking Restrictions
Whereas: The Elmwood Ave. Business District is one of the most
vibrant and diverse shopping areas in the City of Buffalo which attracts people
from throughout Western New York, and
Whereas: As with most commercial areas in the City of Buffalo, parking is at
a premium because of a lack of off street parking and a limited number of on
street spaces, and
Whereas: In order to assure a turnover of on street parking spaces, parking
meters have been installed between Forest and Delevan, and
Whereas: In order to raise revenue in these difficult fiscal times, the City
of Buffalo raised the rates at these meters two years ago and has recently
increased enforcement efforts, and
Whereas: The parking meters on this stretch of Elmwood Ave. have the
additional restriction of no parking between 4:00 PM to 6:00 PM in order
facilitate the flow of rush hour traffic which also coincides with the peak
business hours, but cars are normally found parking at these meters anyway
thereby defeating the purpose of the parking restrictions, and
Whereas: These additional parking restrictions serve as a dis-incentive to
shop on Elmwood Ave. by forcing a shopper to risk getting a $20.00 ticket in
order to do some quick Holiday Season shopping, and
Whereas: While short term fiscal interests are of importance, these concerns
must be balanced with the long term viability of one of our most active
business strips,
Now, Therefore, Be It Resolved:
That this Common Council request the Department of Public Works to
investigate the rationale for installing the 4:00 PM to 6:00 PM No Standing
regulations on Elmwood Ave. and investigate the feasibility of removing these
restrictions in order facilitate a better economic climate along this active
retail strip, and
Be It Further Resolved:
That this Common Council request the Division of Parking Enforcement to
curtail its enforcement efforts of the "No Standing between 4:00 PM and 6:00 PM
parking restrictions on Elmwood Ave. during this Holiday Shopping season.
REFERRED TO THE COMMITTEE ON LEGISLATION (1ST RESOLVE ONLY) (2ND RESOLVE IS
ADOPTED).
No. 144
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 McKinley/Riverside Harvard Cup Co-Champions
By Councilmember Zuchlewski
ADOPTED.
No. 145
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:
Susan C. Nowak Patricia McNally
Gwendolyn A. Clarke Kathleen N. Milbrand
Lisa N. Palesh Carol A. Grabar
Bernard N. Pryor, Jr. Jean E. Browning
Stephen De Marie Florence Cirino
Carole R. Grenhauer June W. Schnaufer
Kathleen C. Borowiak
Anne L. De George Frank L. Marks, Sr.
Sheila J. Smith Colleen C. Riches
Carmen Arroyo Maria D. Persico
Marcia Dauscher Beverly J. Rich
Donald N. Dade Diana Martin
Catherine Santora Eileen Rogowsky
Gloria Jean Hodge Florence P. Zupo
Rodney C. Montgomery Thomas N. Burke
Joan Gruszecki Jeannette McIlvene
Steven Baskin
Donna M. Rex Hilda E. Berrios
Earl D. Gist Marta Santiago
Dolores Gist Eva N. Perez
Laura Gist Dorothy Wagstaff Cole
Donna Modica Marilyn E. Bradley
Robert L. Weber Eileen Katz
Lillian F. Cirino
Virginia P. Norris Rochelle K. Herring
Lynne M. Ezzell Charlotte A. Lujan
Laura A. Weigand Carolyn C. Kaiser
William B. Savage Sharon Mihelbergel
Linda M. Savage Margaret A. Marren
Craig Postmantur Geraldine N. Schwertfager
Doreen S. Postmantur Maria D. Lagona
Eugene N. Grzechowiak Timothy J. Orlowski
Kevin D. Horrigan Norbert D. Orlowski
Danis J. Gehl Michelle M. Reinard
Arlene Parker-Dixon Jackie Long
Bruce D. Simmons Grace K. Tennant
ADOPTED.
No. 146
By: Mr. Zuchlewski
Appointment Commissioners of Deeds 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:
Wendy B Clubine Michael J. Ambrose
Andrew Golebiewski Clifford P.Braxton
Kevin J.Helfer Karin A. Brown
Debora L. Maccagnano William J. Cooley Jr.
Robert J. Menz, Jr Samuel P.Cotroneo
Geraldine A. Barone Charles E. Craven
Arlene Benbenek Patrick J. Finnerty
Wendy Bicknell Patrick J.Gallivan
Jacqueline A. Blachowski Kathleen P. Giglio
Rachelle A. Brooks David J. Groblewski
Maria L. Dempsey Tamara J. Lamb
Virginia Everett Susan R. Linton
Mary K.Gannon James W. McGill
Sheila M. Gervase Catherine E. Panczykowski
Mary C. Higgins Cheryl L. Hils
Joseph A. Petronella
Jeffrey T. Ricketts Lucille F. Jarosz
Joseph J. Roedel
Margaret Kasper Sue A. Sacco
Diane Kloss Richard G.Shanley
Theresa Kind Sharon M Simon
Kathleen M. Korkuo Carol A. Weigand
Paul S. LaPiana Laurie A. White
Debra A. Losardo Cheryl L. Matter
Donald O. Allen
Noreen S. McBride Salvatore A. Canazzi
Thomas DiMaria Evelyn G. McDonald
Susan J. Dugguin
Delphine R. Miszewski James P. Gallagher
Jane B. Moslow Anthony P. Fanti
Helen Nigro Ann R. Kilmurray
Phyllis A. Odom David Krug
Gloria A. Sadowski Barbara J. Krzykowski
Marlan W. Smith Deborah L. Strickland
Pasquale V.LoPatriello
Gary J, Szczesny Mildred M. Manuszewski
Elaine Taylor Marcia A. Nasca
Mari VandeWater
Thomas V. Puglisi Dorothy F. Zimmerman
Christine V. Serafin
Nancy A. Smardz James V.Bagarozzo
Janice Treep
Lynn Marie Carberry MaryRose Zizzo
Florence M. Hill Thomas Laudico
Thomas M. Agostino
Alfonse Mack Judy S. Banks
Richard J. Mauro Carmen L. Degener
Carolyn K. Menchini Rosemary Falkiner
Patricia Ricapito Kathleen A. Fay
Peter Rose Kathleen A. Frawley
Regina M. Mullen
Evelyn J. Allen Rose Marie J. Kelly
Linda A. Benns
Pauline M. Clay Patricia S. Lavin
Christine Carney Paul J. Maloney, Jr.
Marianne DeMarco Beverly A. Marino
Carlo A.DiRienzo F. Francis McGee
Elizabeth J. Eagen Susan A.Miranda
Ronald J. Empric Douglas W. Mercer
Olga Hernandez Elizabeth Mann
Daniel E. Kreuz Karen M. Ortiz
Wayne Kwiatkowski David Owczarczak
Frank A. Manuele Michelle P. Pauly
Michelle Mazzone Rita T. Peck
Michael McAvinn Joy A.Peterson
Michael L. McCarthy Elaine F.Pinski
Christopher A. Skonecki Marlene Prather
John L.Reville
John Riccione Bill Rogers
Victoria A. Sapienza Michael A. Smyntek
Judy Snyder
Katherine Scappechio
Sandra M. Schmelzinger Paul J. Sorrentino
Maria L. Scinta Louis C. Strauss
David K.Sengbusch David L.Suttell
David A.Stebbins Elaine M. Szematowicz
Colleen M. Sullivan Debra R. Tout
Patricia A. Vanderwarker Ann M. Vedella
Richard Velez Diane Walker
Denise E.Watson Diane M.Zigrossi
Mable White Coletta M. Zubler
Mary H. Agnello John M. Abraham
Laverna S. Armbruster Joann Considine
Anne Adams
Elaine M. Boyle
Anne L. Celano Suzanne M. Pacholski
Deborah R. Zdon
Janet T. Cochrane
Patrice Colpoys
June M. Cotter Catherine E. Armitage
Nancy M. Cullinan Rosemary Gavigan Bis
Roman Czaplicki Francis B. Brochowicz
Irene Danch Diane Y. Devlin
John E.Davidson
Victoria M. Drebot
Elaine DeFranks
Chris A. Dibble Gregory J. Dudek
Debra L. Dlugosz Susan Lynn Fasanella
Linda Drake B. McAdams Gray
Shirley A. Dudziak Karen A. Hawthorn
Maxine Emmons James L. Jarvis, Jr.
Willmer Fowler, Jr. Marguerite A. Galante
Eileen C. Keller
Elizabeth Ganci David J. Lesniowski
Lynn E. Gedraitis, Sr. Lisa A. Lickfeld
John R. Getsy Margaret A. Maloney
Francine Giumento AnnMarie S. Hawes
Joyce Jones Manch
Sara J. Hibbard Wendy E. Morcio
Katherine J. Hoelscher Lisa A. Lickfeld
Anna C. Hybicki Darryl McPherson
Andolina, Robert J. Ilo N. Noble
Carey, Robert P. Patricia A. Pancoe
Gartz, Steven E. Carol A. Parot
Jacobs, Edward W. Joseph, Randie J.
Edward D. Peace
Melendez, Jorge Michael B. Risman
Prabucki, Edward D. David J. State
Stafford, Patrick G. Rose M.VanKerkhoven
Weiser, James Mariane Vara
Duhanovich, Michael B. Paul Volcy
Krajewski, Michael R.
Susan P.Wheatley
LaBelle, Clara
J.Lawrence A. Wolff
Pandofino, Bert N.
Simich,.John P.
Weiss, Barbara
J.Kathleen L. Borneman
Marie A. Halbina
Pauline Young
Jacquelyn B. Ebert
Pamela M. Hietanen
Norman J. Wojtkowiak
Hugh P. Daly
William D. Cusella
Rev. John R. Gaglione
ADOPTED.
UNFINISHED BUSINESS
No. 147
Bond Resolution - $70,000 - University Distr. Play Areas
(No. 140, C.C.P., Nov. 29, 1994)
Mr. Pitts moved that the above item be taken from the table.
Seconded by Mr. Helfer.
CARRIED.
Mr. Pitts now moved approval of the above item. Seconded by Mr.
Franczyk.
PASSED.
AYES- 13 NOES- 0.
No. 148
Announcement Of Committee Meetings
The following meetings are scheduled. All meetings are held in
the Council Chambers, 13th floor, City Hall, Buffalo, New York, unless
otherwise noted.
Regular Committees
Civil Service Tuesday, December 20, 1994 - 9:30 AM
Finance Tuesday, December 20, 1994 - following Civil
Legislation Tuesday, December 20, 1994 2:00 PM
Economic Dev. Wednesday, December 21, 1994, 10:00 AM
U. R. Agency Wed., Dec. 21, 1994 following Econ. Dev.
Ancillary Committees
Special Committee Education Wednesday, December 14, 1994,
Rm. 1417 10:00 A.M.
CATV Committee Thursday, December 15, 1994,
Rm. 3.417 9:00 A.M.
No. 149
Adjournment
On a motion by Mr. Pitts, Seconded by Mr. Perla the Council adjourned
at 3:30 P.M.
Charles L. Michaux, III
City Clerk