HomeMy WebLinkAbout95-0221
1No. 4
Common Council
Proceedings
of the
City of Buffalo
Regular Meeting, February 21, 1995
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
James W. Pitts
Rosemarie LoTempio
DISTRICT COUNCIL MEMBERS
Alfred T. Coppola Delaware
Barbara Miller-Williams - 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, George K. Arthur, Alfred
T. Coppola, 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, David A.
Franczyk, Kevin J. Helfer, Barbara Miller-Williams, Members.
LEGISLATION COMMITTEE:
Alfred Coppola, Chairman, David J. Czajka, Kevin J.
Helfer, Rosemarie LoTempio, Carl A. Perla, Jr., Dale Zuchlewski Members
RULES COMMITTEE:
George K. Arthur, Chairman, Kevin 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. Pitts, Chairman, George K.
Arthur, Kevin J. Helfer, Rosemarie LoTempio, Dale Zuchlewski.
SPECIAL COMMITTEE ON EDUCATION:
Dale Zuchlewski, Chairman, David J. Czajka,
Kevin J. Helfer, Rosemarie LoTempio, Carl A. Perla, Jr.
SPECIAL COMMITTEE ON TAYLOR LAW IMPASSE:
George K. Arthur, Chairman, Alfred T.
Coppola, Kevin J. Helfer, Rosemarie LoTempio, James W. Pitts.
ERIE BASIN MARNA LEASE COMMITTEE:
James W. Pitts, Chairman, Kevin J. Helfer,
Bonnie K. Lockwood, Carl A. Perla, Jr.
POLICE REORGANIZATION COMMITTEE:
David J. Czajka Chairman; George K. Arthur,
Clifford Bell, Kevin J. Helfer, Rosemarie LoTempio.
TASK FORCES
AUDITORIUM AND STADIUM TASK FORCE:
James W. Pitts, Chairman, Clifford
Bell, Kevin J. Helfer, Bonnie 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 CONSERVANCY 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.
GREENWAY TASK FORCE:
Bonnie Kane-Lockwood, 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, David P.
Comerford, Tammy Barnes, Terry Wherry
CORPORATION PROCEEDINGS
COMMON COUNCIL
CITY HALL- BUFFALO
Tuesday, February 21, 1995
at 2:00 P.M.
PRESENT- George K. Arthur, President of the Council, and Council
Members Bell, Collins, Coppola, Czajka, Franczyk, Helfer, Lockwood, LoTempio,
Perla, Pitts, Williams and Zuchlewski- 13.
ABSENT- None.
On a motion by Mr. Pitts, seconded by Mr. Perla, the minutes of the stated
meeting held on February 7, 1995 were approved.
FROM THE MAYOR
No. 1
Appointment of Member to the Elevator
Safety Review Board
Pursuant to the powers vested in by Chapter 167.3 of the Buffalo
Code, I hereby appoint Mr. Sam Leone, residing at 107 Richmond Avenue, Buffalo,
New York 14222, to the Elevator Safety Review Board as a representative of the
insurance industry for a term expiring April 30, 1998. Mr. Leone is replacing
Bernard Cryan.
Sam Leone is the Territorial Manager for Continental Insurance Co., Buffalo,
New York. He is a graduate of E.C.C., Cornell University Extension Division
and several other courses relating to insurance at Penn State, etc. He has
experience in special Insurance related activities, i.e. as Risk Evaluation,
Worker's Compensation, Fire Surveys etc.
I hereby certify that Sam J. Leone is fully qualified to serve as a member of
the Elevator Safety Review Board.
RECEIVED AND FILED.
No. 2
Appointment of Members to the Commission on
Human Relations
Pursuant to the provisions of Section 285.27 of the Charter of
the City of Buffalo, as amended, I hereby appoint the below listed persons as
members of the Commission on Human Relations, effective February 7, 1995 for
terms expiring February 27, 1999.
Sheila J. Nickson
82 Northampton
Buffalo, New York 14209
Ellicott District
Sheila J. Nickson is replacing E. Jeanette Ogden, who has resigned.
Sr. Celeste O'Bryan, RSM
South Buffalo Community Table
P. 0. Box 1067, Buffalo, New York 14210 822-3193
South District
Mark Hosken, Esq.
300 Statler Towers Bldg.
Buffalo, New York 14202 855-1551
South District
Sheree Meadows, Esq.
2626 Main Street
Buffalo, New York 14214
University District
Sheree Meadows is replacing David Vanini.
I hereby certify that the above named individuals are fully qualified for
appointment to the Commission on Human Relations.
RECEIVED AND FILED.
No. 3
Appointment of Members to the Board of Appeals and
Designation of Chairman of the Board
Pursuant to the powers vested in me by Chapter 51 1, Section 121,
Article XXIV of Part 11 of the Code of the City of Buffalo, I hereby appoint
Rev. James Lewis, residing at 106 Rohr Street, Buffalo, New York 1421 1, and
Joseph Pandolfino, residing at 203 Colvin Avenue, Buffalo, New York 14216, as
members of the Board of Appeals, effective February 21, 1995 for a term
expiring March 11, 1998.
Rev. Lewis is replacing Albert H. Jarrett, Sr., who resigned in November 1994.
Joseph Pandolfino is replacing Joseph F. Kelly, whose term expires March 11,
1995.
Rev. James Lewis has given many years of service as Pastor of Lougen Memorial
A.M.E. Zion Church and President of G.R.O.U.P. Ministries, Chaplain of Pastoral
Care of E.C.M.C. and founder of Ruth House. He is a native of Buffalo with
deep roots in many socio-political organizations in the area,
Rev. Lewis is replacing Albert H. Jarrett, Sr., who resigned in November of
1994.
Joseph Pandolfino has served in various positions for the City of Buffalo, such
as Field Counselor for the BMHA; social worker in Urban Renewal; Homestead
Coordinator for Community Revitalization, etc.
Mr. Pandolfino is replacing Joseph F. Kelly whose term expires on March 11,
1995.
II hereby certify that the above named individuals are fully qualified for
appointment to the Board of Appeals.
The Mayor is also designating Luis E. Irene , presently a member of the Board
of Appeals, as Chairman of the Board. Mr. Jarrett, the former Chairman, has
resigned as of November 1994.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 4
Appointment of Chairman of the Board of Parking
Pursuant to the powers vested in me by Section 109R of the Charter
of the City of Buffalo, I hereby appoint Henry J. Osinski, residing at 172
Parkside Avenue, Buffalo, New York 14216, as Chairman of the Board of Parking.
Mr. Osinski is replacing Donald G. Keller as Board Chairman.
Mr. Osinski is a prominent business and community leader who has worked more
than 60 years to help the City of Buffalo. At present he is very active with
numerous senior citizen groups.
I hereby certify that Henry J. Osinski is fully qualified to serve as Chairman
of the Board of Parking.
Mr. Pitts moved:
That the communication from the Mayor, dated February 16, 1995, be received and
filed; and
That the appointment of Henry J. Osinski, 172 Parkside Avenue, 14216, as
Chairman of the Board of Parking by the Mayor, is hereby recognized.
ADOPTED.
FROM THE MAYOR - EXECUTIVE DEPARTMENT
FROM THE CITY PLANNING BOARD
No. 5
9274 Group Inc., Request Rezone 191 Leroy and Portion of 2141 Fillmore Avenue
From R2 to C2
Item No. 92, C.C.P., January 24, 1995
The City Planning Board at its regular meeting held Tuesday, February
14, 1995, considered the above application pursuant to Section 511-126 of the
Buffalo Code, Amendments to the Zoning ordinance.
The applicant seeks to rezone 7,747 1/2 square feet of property located at the
northeast corner of Fillmore and Leroy Avenues and zoned R2, into C2 to allow
for the development of a new pharmacy. The parcel at 191 Leroy is zoned R2
entirely and is contiguous to the adjacent C2 zone. The rear portion of the
property addressed at 2141 Fillmore is zoned R2 while the remainder of the
parcel which fronts Fillmore Avenue is zoned C2.
Under SEQR the rezoning is considered an unlisted action which may be studied
through uncoordinated review.
The Planning Board voted to approve the rezoning after the applicants showed
development plans for the new pharmacy.
RECEIVED AND FILED
No. 6
Rite-Aid - Request To Erect Pole Sign 142-152 Grant Street
Item No. 100, C.C.P., February 7. 1995
The City Planning Board at its regular meeting held Tuesday, February
14. 1995, 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 with a sign
face area of 7 feet by 10 feet (including a 7-foot by 3-foot reader board)
which will be 20 feet in overall height.
The site is located in a C2 zone which permits such signs. Under SEQR the
proposed sign is considered a type II action which does not require further
environmental review.
The City Planning Board voted to approve the proposed sign on the condition
that its overall height be reduced to 18 feet and that it be set in a
landscaped base.
RECEIVED AND FILED.
No. 7
General Mills, Request Erect Second Story Addition
at 7 South Michigan
Item No. 101, C.C.P., February 7, 1995
The City Planning Board at its regular meeting held Tuesday, February
14, 1995, considered the above request pursuant to Section 511-67 of the
Buffalo Code, The Buffalo Coastal Special Review District.
The applicant seeks to construct a second story metal frame addition to an
existing warehouse building. No excavation will be undertaken in the
construction. The building addition will measure 52 feet by 38 feet or 1976
square feet and when added to the existing warehouse will be 24 feet above
grade in overall height.
Under SEQR the proposed warehouse addition is considered an unlisted action
which may be studied through uncoordinated review. The site is located in an
M2 zone which allows such uses and will not encroach on the banks of either the
Buffalo River or the City Ship Canal.
The Planning Board voted to approve the proposed warehouse addition.
RECEIVED AND FILED.
No. 8
EAF General Mills, Request Erect Second Story Addition-
7 South Michigan
Item No. 101, C.C.P., February 7, 1995
Attached for your review is the Full Environmental Assessment
Form (Parts I & II) for the matter referenced above. I have also included a
draft negative declaration for your information.
Mr. Pitts moved:
That the communication from the Division of Planning, dated February 15, 1995,
be received and filed; and
That "General Mills - Request to erect a second story addition at 7 South
Michigan" is an unlisted action as defined in 6 NYCRR Part 617.2. The Common
Council has approval authority over this item, and is therefore an involved
agency as defined in 617.2. As part of an uncoordinated review, the Common
Council has evaluated an Environmental Assessment Form (EAF) on this item which
has been completed by the applicant (Part 1) and by the City Planning Board
(Part 11); and
Having made an independent assessment of the information contained in the EAF,
the Common Council adopts the findings set forth in Part 11 and, as a result,
finds that this proposed action will not result in any significant adverse
environmental impacts. Therefore, this Common Council issues a negative
declaration.
ADOPTED.
No. 9
Rite-Aid- Request Erect Pole Sign - 2474-2494 Bailey Avenue
Item No. 99, C.C.P., February 7, 1995
The City Planning Board at its regular meeting held Tuesday, February
14, 1995, 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 with a sign
face area of 7 feet by 10 feet (including a 7-foot by 3-foot reader board) and
an overall height of 20 feet. The site is located in a CM zone which permits
such signs. Under SEQR the proposed sign is considered a type II action which
does not require further environmental review.
The Planning Board voted to approve the proposed sign on the condition that its
overall height be reduced to 18 feet and that a landscaped area is developed
around its base.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 10
City Planning Board - Waterfront Redevelopment
Project (No. N.Y.R.-35) Crossroads Area Amendment
The City Planning Board at its regular meeting held Tuesday, February
14, 1995, considered the above amendment and conducted a public hearing duly
advertised on February 5, 1995 for the Waterfront Redevelopment Project
pursuant to Section 505 of the General Municipal Law.
The public hearing dealt with the addition of land to be acquired which
included the entire block between Baltimore and Columbia Streets, bounded on
the north by Perry Street and on the south by South Park Avenue. The
acquisition is necessary for the parking requirements of the Crossroads Arena.
The public hearing also dealt with various minor design changes that the
Commissioner of Community Development had approved..
Opponents and proponents were invited to speak. No opposition to the proposed
amendment was heard.
After deliberation, the City Planning Board voted its unqualified approval for
the plan amendment and its unqualified approval for the ratification to the
Community Development Commissioner's determination that the minor design
changes were approved.
REFERRED TO THE URBAN RENEWAL AGENCY COMMITTEE.
FROM THE ENVIRONMENTAL MANAGEMENT COMMISSION
No. 11
NYSDEC-Hazardous Waste E. Delavan
NYSDEC-Hazardous Waste 795 Jefferson
Item No. 61, C.C.P., January 10, 1995
Item No. 62, C.C.P., January 10, 1995
The Common Council has asked for comment from the Environmental
Management Commission regarding NYS Department of Environmental Conservation
letters to the City regarding drums of contaminants on City property.
The Commission offers the following comments in this regard: 1) The material in
the drums will have to be handled under careful and expensive procedures for
dealing with hazardous substances.
2) The strict nature of the law on hazardous substances holds even innocent
property owners liable for hazardous materials on their property.
3) Criminal dumping on municipal property is an increasing problem throughout
the nation and in Buffalo, hurting both the environment and municipal budgets.
4) DEC and Mobil Corporation will apparently cooperate to remove approximately
one-half of the drums, and the City's Department of Public Works is acting to
deal with the remainder, which cost in this instance could easily be in excess
of several thousand dollars.
5) The EMC recommends that: the City increase, in cooperation with other
governments, efforts to apprehend and punish environmental criminals such as
those who dump tires and hazardous substances; the City seek available State
Superfund money to pay for the statutorily allowable portion of City clean up
costs in this instance; that the City expand the important efforts undertaken
by Mayor Masiello and Comptroller Giambra toward obtaining appropriate general
New York State legislative release from the doctrine making municipalities
liable even in cases where they are innocent party landowners; and that, under
the current broad liability structure applying to innocent party
municipalities, the City be alert to the negative implications of potential
cuts in support for State programs which provide a variety of types of
contaminant management assistance to the City.
REFERRED TO THE COMMITTEE ON LEGISLATION.
FROM THE BUFFALO WATER BOARD
No. 12
Board Meeting Minutes
Attached please find the Minutes of the Authority meeting held
on January 19, 1995. In addition we are submitting the Water Authority Capital
Project Bond Sale for 1995.
REFERRED TO THE COMMITTEE ON FINANCE.
FROM THE COMPTROLLER
No. 13
Capital Debt Service Fund Deposits - 1994/1995 Fiscal Year
Certificate Number 3-94-95 of the Comptroller of the City of Buffalo,
New York, relative to the Capital Debt Service of Fund of said city, stating
the amounts to be deposited therein and paid therefrom for the period
Commencing July 1, 1994 and ending June 30, 1995
II, Joel A. Giambra, Comptroller of the City of Buffalo, New York, in
accordance with the provisions of Section 202 of the resolution entitled:
"Enabling Resolution of the City of Buffalo, New York, Establishing a Capital
Debt Service Fund, Determining the Terms and Conditions of Such Fund and Other
Matters in Connection Therewith, and Providing for the Rights of Holders of
Capital Debt Obligations of the City."
duly adopted by the Common Council on March 8, 1977, and pursuant to the duties
of the chief fiscal officer set forth therein, Do Hereby Certify as follows:
1. The Capital Debt Service Fund Requirements for the fiscal year commencing
July 1, 1994 and ending June 30, 1995 is $36,723,475.57.
2. The portion of said Capital Debt Service Requirement allocated to the First
Collection Period (July 1, 1994 through and including November 30, 1994), is
$9,404,183.87.
3. The portion of said Capital Debt Service Requirement allocated to the
Second Collection Period (December 1, 1994 through and including June 30,
1995), is $27,319,291.70.
4. The First Collection Period portion of the Capital Debt Service Requirement
is due and payable during the period commencing July 1, 1994 and ending
December 31, 1994 on the obligations, in the amounts, on the dates, and at the
place or places as set forth below:
Obligation Amount Due Date Due Place Due
Serial Bonds $1,535,930.00 Jul. 29, 1994 M & T Trust Company
Buffalo,New York
Serial Bonds 468,305.00 Jul. 29, 1994 Key Trust Company
Albany, New York
Serial Bonds 265,735.00 Aug. 1, 1994 ChaseManhattanBk,NA
New York, New York
Serial Bonds 667,747.50 Aug.12,1994 Key Trust Company
Albany, New York
Serial Bonds 764,951.25 Aug.12,1994 Marine Midland Bk,NA
New York, New York
Serial Bonds 1,425,000.00 Aug.15,1994 Marine Midland Bk, NA
New York, New York
BAN 201,111.11 Aug.16,1994 Key Trust Company
Albany, New York
Serial Bonds 817,273.76 Aug.31,1994 Marine Midland Bk, NA
New York, New York
Serial Bonds 151,720.00 Sept.1,1994 ChaseManhattanBk,NA
New York, New York
Serial Bonds 474,376.25 Sept. 30,1994 Fleet Bank
Buffalo, New York
Serial Bonds 1,023,450.25 Sept.30,1994 Marine Midland Bk, NA
New York, New York
Serial Bonds 215,115.00 Oct. 1, 1994 ChaseManhattanBk,NA
New York, New York
Serial Bonds 185,300.00 Nov. 1, 1994 ChaseManhattan ,NA
New York, New York
Serial Bonds 28,545.00 Nov.30,1994 " "
Serial Bonds 52,605.00 Nov.30,1994 M &T Trust Company
Buffalo, New York
Serial Bonds 110,000.00 Dec. 1, 1994 M&T Trust Company
Buffalo, New York
Serial Bonds 331,975.00 Dec. 1, 1994 ChaseManhattanBk,NA
New York, New York
$9,404,183.87
5. The aggregate amount to be deposited by the Director of the Treasury with
the Fleet Bank, Buffalo, New York, commencing on July 1, 1994 is $9,404,183,87.
6. The Second Collection Period portion of the Capital Debt Service
Requirement is due and payable during the period commencing January 1, 1995,
and ending June 30, 1995, on the obligations, in the amounts, on the dates, and
at the place or places as set forth below:
Obligation Amount Due Date Due Place Due
Serial Bonds $1,535,930.00 Jan. 31,1995 M & T Trust Company
Buffalo, New York
Serial Bonds 468,305.00 Jan. 31,1995 Key Trust Company
Albany, New York
Serial Bonds 6,195,000.00 Feb. 1,1995 M & T Trust Company
Buffalo, New York
Serial Bonds 24,932.50 Feb. 1,1995 ChaseManhattanBk,NA
New York, New York
Serial Bonds 1,337,000.00 Feb. 1,1995 Key Trust Company
Albany, New York
Serial Bonds 667,747.50 Feb.14,1995 Key Trust Company
Albany, New York
Serial Bonds 736,451.25 Feb.14,1995 Marine Midland Bk, NA
New York, New York
Serial Bonds 1,965,000.00 Feb.15,1995 Key Trust Company
Albany, New York
BAN'S 274,930.56 Feb.15,1995 Key Trust Company
Albany, New York
Serial Bonds 817,273.76 Feb.28,1995 MarineMidlandBk, NA
New York, New York
Serial Bonds 2,240,000.00 Mar. 1,1995 " "
Serial Bonds 480.00 Mar. 1,1995 ChaseManhattanBk,NA
New York, New York
Serial Bonds 474,376.25 Mar.31,1995 Fleet Bank
Buffalo, New York
Serial Bonds 821,043.75 Mar.31,1995 Fleet Trust Company
New York, New York
Serial Bonds 511,725.13 Mar.31,1995 Marine Midland Bk, NA
New York, New York
Serial Bonds 1,185,000.00 Apr. 1,1995 Fleet Bank
Buffalo, New York
Serial Bonds 3,120,000.00 Apr. 1,1995 Fleet Trust Company
New York, New York
Serial Bonds 523,365.00 Apr. 1,1995 ChaseManhattanBk,NA
New York, New York
Serial Bonds 136,925.00 May 1,1995 " "
Serial Bonds 28,545.00 May 31,1995 ChaseManhattanBk,NA
New York, New York
Serial Bonds 491,195.00 May 31, 1995 M & T Trust Company
Buffalo, New York
Serial Bonds 739,091.00 May 31, 1995 Marine Midland Bank
New York, New York
Serial Bonds 3,466,975.00 Jun. 1, 1995 ChaseManhattanBk,NA
New York, New York
27,319291.70
7. The aggregate amount to be deposited by the Director of the Treasury with
the Fleet Bank, Buffalo, New York, commencing on December 1, 1994 is
$27,319,291.70.
8. Pursuant to Section 202 (b) of said Enabling Resolution, the Director of
the Treasury shall deposit the amounts shown in Section 5 and 7 hereof in the
Capital Debt Service Fund held by the Trustee, Fleet Bank, Buffalo, New, York,
immediately upon receipt of any payment of or on account of any City ad valorem
property taxes, until the amount deposited during each Collection Period is
equal to the amount shown in Section 5 and 7, respectively.
9. I have this day delivered a copy of Certificate Number 3-94/95 to the
Director of Treasury and to the Fleet Bank, Buffalo, New York.
IN WITNESS WHEREOF, I have hereunto set my hand this 13th Day of February, 1995
RECEIVED AND FILED.
No. 14
Quarterly Financial Data
This is to advise that a report of the Appropriations, Expenditures,
Encumbrance and Revenue activity of the City of Buffalo General Fund for the
period October 1 through December 31, 1994 has been delivered to the Common
Council Chief-of-Staff Peter J. Savage.
This is in response to your request for quarterly financial data. We have also
submitted this data to the Budget Office and it is made available to
departments and divisions individually in a printed format and on their
lion-line computer terminals."
This approach has been utilized due to the size of the reports and limited
budgetary resources.
The Statement of Appropriation/Accounting Activity reports data on an
individual expense line basis. The Summary of Appropriation/ Accounting
Activity summarizes line items data by function within departments and
divisions, and includes the General City Charges line accounts, i.e.:
departments with an BlX identifier. The Detail of Revenues reports data on a
individual revenue code basis. The Summary of Revenue Report summarizes
individual revenue accounting activity by department and division, and also
summarizes all revenue activity by source (NYS, Federal, etc.).
REFERRED TO THE COMMITTEE ON FINANCE.
No. 15
Monthly Overtime Usage Report
I am providing the Common Council with the Updated Monthly Overtime
Usage Report which reflects overtime expenditures for all City departments as
of 1-31-95. This report also projects departmental overtime expenditures for
the entire fiscal year based on current usage.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 16
Lease Renewal Between the
City of Buffalo and The People
of the State of New York
Item #148, C.C.P. June 19, 1990
In the above referenced item, Your Honorable Body authorized a
lease with The People of the State of New York for use of concession stands in
the following locations:
1. Lobby of City Hall, located at 65 Niagara Square, Buffalo, New York
2. Fourth floor cafeteria area in the New York City Court Building located at
50 Delaware Avenue between West Eagle Street and Niagara Square, Buffalo, New
York
3. Lobby of Police Headquarters Building, located at 74 Franklin Street,
Buffalo, New York
This lease expires on November 30, 1995. The People of the State of New York
have notified the Office of the Comptroller, Division of Real Estate, of their
desire to renew their lease agreement as Stated in provision 13 of the present
lease agreement. The lease states it may be renewed for additional period of
five years for each space upon 30 days notice prior to the Teases expiration.
The lessee has fully satisfied provision 13.
The term of the lease will be for five years, beginning December 1, 1995 and
ending on November 30, 2000. The annual rental will be $1.00 per year, payable
in advance.
This office recommends Your Honorable Body approve the renewal of this lease
for an additional five year term. I am further recommending that Your
Honorable Body authorize the Corporation Counsel to prepare the necessary lease
renewal and that the Mayor be authorized to execute the same.
REFERRED TO THE COMMITTEE ON FINANCE AND THE CORPORATION COUNSEL.
No. 17
Purchase Nativity School
179 Albany Street for
Board of Education
The Comptroller's Office, Division of Real Estate, received a
request from the Buffalo Board of Education to assist them in acquiring the
former Nativity of the Blessed Virgin Mary School located at 179 Albany Street.
The property is being purchased as a class room satellite for School #18.
The property consists of a two story brick school building situated on a parcel
of land approximately 48,675 sq. ft. in area. The school was built in 1954 and
is in good condition. The property is currently leased to various County
Health programs. The lease provides additional income for the parish in
managing its affairs.
After acquisition by the City the Board of Education intends to renovate the
school. The Board of Education has applied to the New York State Department of
Education for reimbursement of up to 79% of the cost of purchase and
renovations.
In accordance with City policy, two independent appraisals of the property were
commissioned by the Division of Real Estate. The first appraisal was completed
by Mr. Richard Bronstein, 3666 Main Street, Buffalo, New York. Mr. Bronstein
used two approaches in estimating the value of the property, the Market
Approach indicated a value of $210,000 and the Income Approach established a
value of $457,000.
The second appraisal of the property was submitted by Michael Beigel of
Pirritano Appraisals, Inc., 745 Center Road, West Seneca, New York. He used
three approaches to value, the Market, Cost and Income Approaches. The values
indicated were as follows: Market Approach - $188,000; Cost Approach $455,000;
and Income Approach - $367,000.
Our negotiations with the Board of Education and the Diocese of Buffalo have
resulted in the Board of Education authorizing an offer for the property in the
amount of Four Hundred Twenty-Five Thousand Dollars ($425,000). The Diocese
will agree to accept the offer.
In accordance with Section 2566 of the Education Law the purchase of the
property must be approved by the Common Council and the Mayor.
I am recommending that if Your Honorable Body and the Mayor approve the
purchase in the amount of Four Hundred Twenty-Five Thousand Dollars ($425,000),
that the Corporation Counsel be directed to prepare the necessary documents for
the purchase and that the Comptroller be authorized to execute the same.
REFERRED TO THE SPECIAL COMMITTEE ON EDUCATION AND THE CORPORATION COUNSEL.
No. 18
Transfer 843 Clinton Street
to Former Owner
The Comptroller's Office, Division of Real Estate, has received
a request from the former owner of 843 Clinton Street, Mr. James Croom, Jr., to
reacquire title to his property. This property was acquired by the City in
October through In-Rem tax foreclosure.
In the last three years Mr. Croom has been trying to settle a dispute over a
water bill in the amount of Three Thousand Dollars ($3,000), assessed against
the property. The total taxes and water charges owed at the time of the
foreclosure were Five Thousand One Hundred and Eighty-Five Dollars ($5,185) Mr.
Croom did not have the full amount to pay taxes and water, since he had been
making renovations to the front home in order to find a tenant and generate
income from the property.
A week before the In-Rem action Mr. Croom had tried to resolve the water and
tax bill charges that he thought had been resolved last year. The assessment
for water bill went back to 1983. Mr. Croom claimed that there had been no
water service to the property when he purchased the property in 1986.
Mr. Croom's claim has been reviewed by the Division of Water. The result of
their investigation showed that there were no water or gas services to the
property since 1983 and have abated the back water charges leaving a balance of
One Thousand Eight Hundred Eighty-Five Dollars and Fifty-Five Cents ($1,885.55)
in taxes still due.
Mr. Croom has agreed to pay the back taxes of One Thousand Eight Hundred
Eighty-FIve Dollars and Fifty-Five Cents, $1,885.55, (includes interest and
penalties) and has also agreed to pay the Three Hundred Dollars ($300) In-Rem
fee.
As Your Honorable Body knows, City policy prevents selling or transferring
property back to the former owner, once the City has acquired property through
tax foreclosure. However, due to the unusual circumstances surrounding Mr.
Crooms claim, which have resulted in the Water Department abating the water
charges, and Mr. Crooms efforts to pay all charges for taxes prior to the
foreclosure, I am recommending that Your Honorable Body approve the transfer of
title to Mr. James Croom in the amount of Two Thousand One Hundred Eighty Five
Dollars and Fifty-Five Cents ($1,855.55). I am further recommending the
Corporation Counsel prepare the necessary documents for the transfer and that
the Mayor be authorized to execute the same.
REFERRED TO THE COMMITTEE ON FINANCE AND THE CORPORATION COUNSEL.
No. 19
Result of Negotiations 27 East Utica, 2161 E Main
Vacant Lot: 34' x 132' with an Irregular Piece
Assessed Valuation: $2,800
The Comptroller's Office, Division of Real Estate, has received
a request from Community Action Organization of Erie County, Inc. to purchase
the vacant lot located at 27 East Utica Street. CAO is purchasing the
apartment building located at 15-21 East Utica to renovate. They would like to
purchase 27 East Utica, which is adjacent to 15-21 East Utica for off-street
parking purposes.
An independent appraisal of the property was conducted by Mr. Dennis Walker,
Able Appraisal Associates, 43 St. Paul Street, Buffalo, New York 14209. He has
estimated the fair market value of the property to be Twenty Six Hundred
Dollars ($2,600). This represents approximately Forty-Three Cents (.43) per
square foot for the subject property. The Division of Real Estate concurs with
the appraisers estimate of value.
The results of our negotiations are that the Community Action Organization has
agreed and is prepared to pay Twenty Six Hundred Dollars ($2,600.00) for the
subject property. They have agreed to pay for the cost of the appraisal,
transfer tax, recording fees and cost of the legal description.
I am recommending that Your Honorable Body approve the offer of Community
Action Organization in the amount of Twenty-Six Hundred Dollars ($2,600). I am
further recommending that the Corporation Counsel prepare the necessary
documents for the transfer of title and that the Mayor be authorized to execute
the same.
Mr. Pitts moved:
That the communication from the Comptroller, dated February 15, 1995, be
received and filed; and
That the offer of Community Action Organization of Erie County, Inc., in the
sum of $2,600.00 (Two Thousand and Six Hundred Dollars) to purchase the
property described as 27 East Utica, be and hereby is accepted; and
That the Corporation Counsel shall prepare the necessary documents for the
transfer of title and that the Mayor be authorized to execute the same, in
accordance with the terms of sale upon which the bid was submitted, provided,
however,
That the appraisal requested by the City of Buffalo shall be paid by the
purchaser; and
That the transfer tax, recording fees and cost of legal description shall be
paid by the purchaser.
PASSED.
AYES- 13 NOES- 0
No. 20
Result of Negotiations
200 Colorado, 3901 N Ferry
Assessed Valuation: Land: $10,600
Total: $139,100
The Office of the Comptroller, Division of Real Estate, has received
a request from Mr. Lawrence F. Landgraf, President of the Tire Shoppe of
Niagara & Erie Co., Ltd., 8045 Quarry Road, Niagara Falls, New York 14304, to
purchase the above captioned property. The Tire Shoppe is a wholesaler and
retailer of commercial tire products. They are currently leasing space on
Northampton Street in the City and want to acquire 200 Colorado Street to use
as a retail outlet and corporate headquarters.
The property consists of a lot having a 180 foot of frontage with a depth of
118 feet and is improved with a one story 9,600 square foot masonry building.
The property was acquired by the City of Buffalo through in-rem tax foreclosure
in October of 1994. The building is currently leased to the hold over tenant
that will be vacating the property April 1st of this year.
An independent appraisal of the property was conducted by Mr. Frank Pirritano,
745 Center Road, West Seneca, New York 14224. He has estimated the value of
the property to be Forty-Two Thousand Dollars ($42,000). This indicates a
value of Four Dollars and Thirty-Eight Cents ($4.38) per square foot of
building area. The Division of Real Estate concurs with the appraisers estimate
of value.
The results of our negotiations are that Mr. Lawrence F. Landgraf, on behalf of
The Tire Shoppe of Niagara & Erie Co., Ltd., has agreed and is prepared to pay
Forty-Two Thousand Dollars ($42,000) for the subject property. A deposit of
10% of the purchase price has been received. He has also agreed to pay for the
cost of the appraisal, transfer tax, recording fees and cost of the legal
description. There will be no search or survey of the property provided to the
purchaser by the City.
I am recommending that Your Honorable Body approve the offer of The Tire Shoppe
of Niagara & Erie Co., Ltd. in the amount of Forty-Two Thousand Dollars
($42,000). I am further recommending that the Corporation Counsel prepare the
necessary documents for the transfer of title and that the Mayor be authorized
to execute the same.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 21
Report of Audit Department of Fire
Personal Leave Time Call-ins on
Compensated Holidays
In response to the directive requiring the Comptroller to file
audit reports with the Common Council, I hereby submit our examination of the
financial impact of firefighters taking personal leave time on scheduled
working days that fall on compensated holidays. We are of the opinion that
many of the compensated holidays escalate uncontrolled overtime cost. See
attached report.
REFERRED TO THE COMMITTEE ON FINANCE. AND THE COMMISSIONER OF FIRE.
No. 22
Outstanding Accounts Receivables for Payments
in Lieu of Taxes (PILOT's) For Booth Oil Company
We have been advised by the Law Department that all the outstanding
Accounts Receivables for payment in lieu of taxes (PILOT's) for Booth Oil
Company are uncollectible because they have been deemed unsecured debts in
bankruptcy proceedings. The debtor only had sufficient assets to pay secured
debts which, pursuant to bankruptcy laws, are paid first. Therefore, all
unpaid, unsecured debts were discharged and Booth Oil Company was dissolved.
Below is a detailed schedule of the Accounts Receivable for Booth Oil Company
and attached is correspondence from the Law Department as regards this matter.
Pursuant to City Charter Section 47, we request your approval to abate Booth
Oil Company Accounts Receivable invoices in the amount of $23,333.55. These
receivables had been determined uncollectible for accounting purposes in prior
periods. Therefore, the abatement will have no impact on the current year's
results of operations.
The following is a list of what is owed by Booth Oil Company:
FUND DIV YR INVOICE NO .AMOUNT
100 710 82 AR000001 $ 2,016.16
100 710 83 AR000012 4,032.32
100 710 84 AR000012 4,032.32
100 710 84 ARA00035 4,032.32
100 090 92 AR000012 9,220.43
TOTAL $23,333.55
REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT, THE CORPORATION COUNSEL AND
THE COMMISSIONER OF COMMUNITY DEVELOPMENT.
No. 23
Certificate of Appointment
Appointment Effective 2/20/95 in the Department of Audit and Control,
Division of Audit, Juli-Lyn Colpoys, 95 Athol Street, Buffalo, NY 14220 to the
Position of Assistant Auditor, Provisional, at the Intermediate Starting Salary
of $ 29,294.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
FROM THE COMMISSIONER OF ASSESSMENT
No. 24
Liquor License Application
Item No. 74, C.C.P. 01/24/95
We reviewed our records to determine if the individuals owe real
property tax, newer rent, local assessment and occupancy tax. Please be advised
of the following:
423 Elmwood, assessed to Joseph Tomasulo, 865 Seventh Street, Buffalo NY 14206.
Our records show that the July 1994-95 first-half tax and sewer rent are paid.
The 1994-95 second half remains unpaid: $2,933.72 (Interest computed an of
2/28/95).
The mailing address of 865 Seventh Street shows taxes fully paid for 1994-95.
The occupancy tax in paid on both parcels. We do not show a local assessment
or ownership in the City of Buffalo under the business names of Humpback Whale
Enterprises, Inc., or the Kodiak Cafe.
REFERRED TO THE MAYOR.
FROM THE COMMISSIONER OF PUBLIC WORKS
No. 25
Extension of City Contract 91780900
Waterline Replacement Myrtle, Chicago and High Streets
E & R General Construction
In accordance with the terms of the contract between the City
of Buffalo and E & R General Construction, Contract No. 91780900, Waterline
Replacement - Myrtle, Chicago and High Streets, the work called for in this
contract was scheduled to be completed by December 28, 1994.
The contractor has requested an extension of time in this contract. All work
on this project is now complete except for site restoration which cannot be
completed until the Spring.
Accordingly, I have granted an extension of time in the contract with E & R
General Construction.
The new completion date for this contract is April 30, 1995.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 26
Monthly Report of Licenses Issued
in January 1995
I am respectfully submitting the enclosed report of licenses issued
in the month of January 1995 by the Division of Licenses.
RECEIVED AND FILED.
No. 27
Change of Alternate Parking
on Beard Avenue-Survey Results
Item # 43, C.C.P., 10/04/94
Item #114, C.C.P., 09/06/94
Item #115, C.C.P., 09/06/94
This is in response to the above mentioned Council items regarding
Alternate Parking on Beard Avenue between Hertel and Starin Avenues.
My Department's Traffic Section conducted an independent survey of homeowners
with regard to the use of Alternate Parking they desire for their street.
Currently, the street contains Type I Alternate Parking.
84 homeowners were identified on Beard Avenue between Hertel and Starin
Avenues
52 wanted NO CHANGE in their current parking restrictions (621/o)
10 wanted TO CHANGE the current parking restrictions (120/o)
22 did not send in a response to the survey questionnaire (260/.)
Given the above, the vast majority of homeowners do not want the current Type I
Alternate Parking restrictions changed to Type 11. Therefore, my Department
will not take any further action and will leave the present parking
restrictions in place.
RECEIVED AND FILED.
No. 28
Notification Serial #8464
Install Stop Signs in
W. Ferry Street at Ashland Avenue
STOP SIGNS - 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 9 Section 11 of Chapter 479 of Ordinances of the
STOP SIGNS
City of Buffalo be supplemented by adding thereto following:
VEHICLES ON SHALL STOP BEFORE ENTERING
W. Ferry Street Ashland Avenue
This action is being taken upon a request from the District Councilman and
after a thorough traffic study of the intersection.
Notification Serial #8465
Alternate Parking -
Trinity Place, both sides between Delaware Avenue and South Elmwood Avenue
NO PARKING (ALTERNATE) - 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 24 Section 15 of Chapter 479 of Ordinances of the
NO
City of Buffalo be supplemented by repealing therefrom the following:
PARKING
PROHIBITED PRTN OF HIGHWAY PROHIBITED PD DAILY
Trinity Place, both sides Unknown (See
between Delaware Avenue and Explanation below)
South Elmwood Avenue
This section of Trinity Place was approved for Alternate Parking (Item No. 89
11/13/78) with the "City Wide Alternate Parking Plan". For reasons unknown,
this parking was never installed, and with viable parking meters on the south
side, we have determined this type of parking is unnecessary, and not practical
for this section of roadway. Therefore, this action is being taken update our
records and provide consistency with current field conditions.
Notification Serial #8466
No Standing on Trinity Place, north side
between Delaware Avenue and South Elmwood 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 repeating 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 Section 15 of Chapter 479 of Ordinances of the
City of Buffalo be supplemented by repealing
NO STANDING
therefrom the following:
PROHIBITED PRTN HIGHWAY PROHIBITED PERIOD
Trinity Place, north side At all times
between Delaware Avenue and
South Elmwood Avenue
This action is being taken to update our records and provide consistency with
current field conditions (see previous Serial No. 8465).
Notification Serial #8467
Install No Standing
on Virginia Street, south side
from Ellicott Street to Michigan 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 22 Section 15 of Chapter 479 of Ordinances of the
NO STANDING
City of Buffalo be supplemented by adding the following:
PROHIBITED PRTN HIGHWAY PROHIBITED PERIOD
Virginia Street, south side At all times
from Ellicott Street to Michigan Avenue
This action is being taken to adequately provide for two-way traffic on a
narrow street. This section of Virginia Street already
parking on the north side of the street.
Notification Serial #8468
Repeal of No Parking
on Hodge Avenue, north side
between Elmwood Avenue and Ashland Avenue
NO PARKING - 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 23 Section 15 of Chapter 479 of Ordinances of the
NO
City of Buffalo be supplemented by repealing therefrom the following:
PARKING
PROHIBITED PRTN HIGHWAY PROHIBITED PERIOD
Hodge Avenue, north side Anytime
between Elmwood Avenue
and Ashland Avenue
This action is being taken to allow additional on-street parking for businesses
on Elmwood Avenue in this area. The street is 30'wide and one-way from Elmwood
to Ashland - more than adequate to support two-sided parking. (See next two
serials).
Notification Serial #8469
Repeal of Permissive Parking on
Hodge Avenue, south side between
Elmwood Avenue and Ashland Avenue
PERMISSIVE PARKING -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 25 Section 15 of Chapter 479 of Ordinances of the
City of Buffalo be supplemented by repealing therefrom the following:
PERMISSIVE PARKING
PERMISSIVE PKG LOCATION PD PERMISSIVE PKG DAILY
Hodge Avenue, south side 1 hour parking
between Elmwood Avenue 7:00 a.m. - 7:00 p.m.
and Ashland Avenue except Sunday
This action is being taken to allow additional on-street parking for businesses
on Elmwood Avenue in this area. The street is 30'wide and one-way from Elmwood
to Ashland - more than adequate to support two-sided parking. (See previous and
next serials).
Notification Serial #8470
Permissive Parking on Hodge Avenue, north and south sides between Elmwood
Avenue and Ashland Avenue
PERMISSIVE PARKING -INSTALL
In conformity with Section 49 of Chapter 479 of the Ordinances of the City of
Buffalo, the City Engineer hereby notifies Your Honorable Body of this action
supplementing, amending, or repealing existing provisions of Chapter 479 of the
Ordinances, stated below, to be effective forty five days after the first
Council meeting at which they appear on the agenda as an item business.
That that part of Subdivision 25 Section 15 of Chapter 479 of Ordinances of the
PERMISSIVE
City of Buffalo be supplemented by adding thereto the following:
PARKING
PERMISSIVE PKG LOCATION PD PERMISSIVE PKG DAILY
Hodge Avenue 2 hour parking
north and south sides 7:00 a.m. - 7:00 p.m.
between Elmwood Avenue except Sunday
and Ashland Avenue
This action is being taken to allow additional on-street parking for businesses
on Elmwood Avenue in this area. The street is 30' wide and one-way from
Elmwood to Ashland - more than adequate to support two-sided parking. (See
previous two serials).
Notification Serial #8471
Install No Parking on
Hampshire Street, north and south sides
between Niagara Street and Busti Avenue
NO PARKING - INSTALL
In conformity with Section 49 of Chapter 479 of the Ordinances of the City of
Buffalo, the City Engineer hereby notify Your Honorable Body of this action
supplementing, amending, or repeating existing provisions of Chapter 479 of the
Ordinance 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 Section 15 of Chapter 479 of Ordinances of the
NO PARKING
City of Buffalo be supplemented by adding thereto the following:
PROHIBITED PORTION PROHIBITED PERIOD DAILY
OF HIGHWAY
Hampshire Street, At all times
north and south sides
between Niagara Street
and Busti Avenue
This action is being taken at the request of NFT Metro Bus. It will provide an
on-street bus "lay-over" area at the intersection of highly used Metro bus
routes.
RECEIVED AND FILED.
No. 29
Buffalo Place Contract with the City
Please be informed that I am submitting the attached contracts
between Buffalo Place and the City of Buffalo for renewal. The contracts are
for 1992-1993, 1993-94 and 1994-95 for services rendered in the special
downtown vending district between the City of Buffalo and Buffalo Place Inc.
pursuant to Chapter 316, Article VIII, Section 45 of the City Ordinances.
I am submitting these for your Honorable Body's approval.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 30
Water Authority Bond Sale
The Buffalo water Finance Authority has approved a $15.95 million
bond sale to finance capital projects previously approved by the Buffalo water
Board.
Sufficient funds are available in the Water Boards 1994-95 budget to pay any
debt service that may be due in this fiscal year. The Comptrollers office has
estimated that the sale will add approximately $1,185,000 to the debt service
requirements in the Boards 1995-96 budget.
As we have discussed in the past, although the original agreements that created
the Authority calls for $12 million per year in capital improvements, there is
no realistic way for the City to spend that much each year. The pending bond
sale of $15.95 million represents two years work, and baring any unforeseen
problems there would not be any request to sell bonds during the 1995-96 budget
year. This of course would eliminate any rate increase for 1996-97 that would
be tied to capital improvements.
The projects listed on the proposed bond sale are all necessary projects which
have been designed and will be ready for bid this calendar year. Each
waterline project will either correct the problem of leaking pipes, low water
pressure, or is in response to a street reconstruction project. Most of the
work being proposed at the filtration plant is required by the USEPA and State
Health Departments to insure water quality. There is also $2.0 million to
begin the city's full metering program. The remaining work at the filtration
and pumping plants will address long over due maintenance items.
One proposed project financed by the sale is the development of a hydraulic
model of our system. This model will provide valuable assistance in
determining where our low pressure areas are and where leakage is occurring.
This information will guide us in determining priorities for waterline
replacements.
It is important to point out that all of the projects included in this sale are
vital, particularly those associated with water quality. Also important is the
fact that a bond sale will not be necessary next year and that the water rate
increase will not be repeated next year.
I therefore respectfully request that the common Council approves the $15.95
million sale as outlined on the attached pages.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 31
Permission to Prepare Plans & Specifications
and Advertise For Proposals for the Construction
of Curb, Sidewalk and Paving in Various Streets
in the Fillmore District, Group #392
Item No. 167, C.C.P. 1/24/95
I hereby request permission from Your Honorable Body to prepare
plans, specifications and advertise for sealed proposals for the Construction
of Curbs, Sidewalk and Paving in the Fillmore District, Group #392.
This project will include the following:
1. The repaving of Bushnell Street from Clinton Street to 130' Southerly.
2. The repaving of Fillmore Avenue from Genesee Street to Sycamore Avenue.
3. The placement of curb and sidewalk at the Urban Street Playground at 350
Urban Street.
These projects were approved as part of the 1994-1995 Capital Improvements
Budget. These bonds have not been scheduled to be sold but the comptroller has
advised that he will forward an inter fund loan transfer so that these projects
can proceed in a timely manner. The inter fund loan will be transferred to the
Capital Projects Fund #200-401-017-00-000,
Mr. Pitts moved:
That the communication from the Department of Public Works, dated February 9,
1995, be received and filed; and
That the Commissioner of Public Works be, and he hereby is, authorized to
prepare plans and specifications, advertise for sealed proposals for the
Construction of Curbs, Sidewalk, and Paving in the Fillmore District, Group
#392. That the Comptroller prepare an interfund loan to be transferred to the
Capital Projects Fund #200-401-017-00-O00.
PASSED.
AYES- 13 NOES - 0
No. 32
Permission to Prepare Plans & Specifications
and Advertise For the Construction of
Curb and Sidewalk at Stevenson Street
From Seneca Street to North Legion Drive,
Group #393
Item No. 167, C.C.P. 1/24/95
I hereby request permission from Your Honorable Body to prepare
plans, specifications and advertise for sealed proposals for the Construction
of Curbs and Sidewalk on Stevenson Street from Seneca Street to North Legion
Drive.
This project will include the replacement of the existing damaged curbing and
sidewalk on Stevenson Street from Seneca Street to North Legion Drive.
These projects were approved as part of the 1994-1995 Capital Improvements
Budget. These bonds have not been scheduled to be sold but the comptroller has
advised that he will forward an inter fund loan transfer so that these projects
can proceed in a timely manner. The inter fund loan will be transferred to the
Capital Projects Fund #200-401-017-00-000,
Mr. Pitts moved:
That the communication from the Department of Public Works, dated February 9,
1995, be received and filed; and
That the Commissioner of Public Works be, and he hereby is, authorized to
prepare plans and specifications, advertise for seated proposals for the
Construction of Curbs and Sidewalk on Stevenson Street to North Legion Drive.
That the Comptroller prepare an interfund loan to be transferred to the Capital
Projects Fund #200-401-017-00-000.
PASSED.
AYES- 13 NOES- 0
No. 33
Permission to Engage Consultant
Police Reorganization
Precinct #13 Expansion
I respectfully request Your Honorable Body's permission to engage
a consult to prepare plans and specifications, advertise and receive sealed
proposals for the Expansion of Precinct #1 3 to facilitate a Police Precinct as
part of the Police reorganization plan.
Funds for the consulting work are available in the Reserve for Planning
Account.
Mr. Pitts moved:
That the communication from the Department of Public Works, dated February 10,
1995, be received and filed; and
That the Commissioner of Public Works be, and he hereby is, authorized to
prepare plans and specifications, advertise for scaled proposals for the
Expansion of Precinct #1 3. Funds for the consulting work are available in the
Reserve Planning Account.
PASSED.
AYES-13 NOES- 0
No. 34
Permission to Engage Consulting Engineer
New Watermain - Fargo, Maryland and
Jersey Streets
It is respectfully requested that your Honorable Body authorize
the Commissioner of Public Works to engage the services of a Consulting
Engineer to prepare plans and specifications and advertise for bids to install
approximately 1,300 I.f. of new 8 inch D.I. watermain in Fargo Avenue from
Vermont Street to York Street; install approximately 1,300 I.f. of new 8 inch
D.I. watermain in Maryland Street from Efner Street to Niagara Street and
install approximately 250 I.f. of new 12 inch D.I. watermain in Jersey Street
at the Colonel Ward Pumping Station.
The existing watermains on Fargo Avenue and Maryland Street were install in
1882 and 1861 respectively. These watermains are heavily tuberculated and do
not provide adequate water supply for fire and domestic use.
The 12 inch watermain section on Jersey Street, installed in 1931 is of poor
integrity and requires replacement to provide reliable supply to the Filtration
Plant and its' operations.
Funds to engage the services of an engineering firm are available in the
Division of Water's Capital Project account.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 35
Report of Bids
Interior Renovations Precinct #3
664-672 Main Street
I advertised for on January 31, 1995 and received the following
sealed proposals which were publicly opened and read on February 14, 1995.
R.W. Painting Inc. 20,150
C.H. Byron Co.,Inc. 22,500
Nichter Construction 24,950
Kostas Construction 25,865
A-1 Painting 26,847
Allstate Development Inc. 28,600
Wilsandra Construction 28,888
Gerald T. Stay Co. 29,890
The Hadala Corp. 30,100
I hereby certify that the foregoing is a true and correct statement of all bids
received and that R.W. Painting, Inc. in the amount of $20,150.00 is the lowest
responsible bidder in accordance with the plans and specifications.
I recommend that Your Honorable Body authorize the Commissioner of Public Works
to order the work on the basis of the low bid. Funds for this work are in B/F
200-402-513 - Division of Buildings.
Estimate for this work was $26,000.
Mr. Pitts moved:
That the communication from the Department of Public Works, dated February 15,
1995, be received and filed; and
That the Commissioner of Public Works be, and he hereby is, authorized to award
a contract for Interior Renovations, Precinct #3, 664-672 Main Street to R.W.
Painting Inc., the lowest responsible bidder in the amount of $20,150.00, with
said cost to be charged against the B/F 200-402-513 Division of Buildings.
PASSED.
AYES-13 NOES- 0
No. 36
Informational Report of Bids
Sluice Gate Purchase Specifications
Contract No. 26
I have advertised and received bids on January 30, 1995 for Purchase
Specifications for Furnishing,
Storing and Delivering Cast Iron Sluice Gates, Wall Thimbles and Appurtenances,
Contract No. 26, for the Division of Water. The following is certified to be a
complete list of all bids received.
Rodney Hunt Company
46 Mill Street
Orange, Massachusetts 01364 $ 293,656.00
Watermain Industries, Inc.
25500 Road 204
PO Box 458
Exeter, California 93221 $ 325,500.00
I hereby certify that the lowest responsible bidder for the above project is
Rodney Hunt Company, 46 Mill Street, Orange, Massachusetts based on their bid
of $293,656.00.
Funds for this work are available in the Division of Water's Capital Project
Fund, 416-982-010 account.
As of this date I have awarded the contract for the above work to Rodney Hunt
Company.
This communication is for informational purposes only.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 37
Change in Contract
Waterline Replacement - Myrtle, Chicago
and High Street
Contract No. 91780900
I hereby submit to your Honorable Body the following Change Order
No. I with E & R General Construction for work relating to Waterline
Replacement - Myrtle, Chicago and High Streets, City Contract No. 91780900:
Item No. 02.110 Unclassified Excavation
Contract called for 100 cubic yards. 182.09 cubic yards
actually excavated. Increase: $ 1,805.98
Item No. 03.110 Select Granular Fill
Contract called for 100 cubic yards.
171.08 cubic yards actually used. Increase: $ 1,350.52
Item No. 04.290 Asphalt Concrete Slab
Contract called for 40 tons. 60 tons actually used.
Increase: $14,352.00
Item No. 09.012 Insulated 8" Ductile Iron Waterline
Contract called for 50 I.f 56 I.f. actually installed.
Increase: $ 1,200.00
Item No. 09.106 6" D.I., Class 52
Contract called for 165 I.f 199 I.f. actually installed
Increase: $ 1,190.00
Item No. 09.1101 0" D.I. Pipe, Class 52
Contract called for 20 I.f 32 I.f actually installed.
Increase: $ 480.00
Item 09.410 Waterline Pipe Specials
Contract called for 10,500 lbs. 20,583 lbs.
actually installed. Increase: $18,149.40
Item No. 09.71 0 Corporation Stop/Tap
Contract called for 24 to be installed.
27 actually installed. Increase: $ 600.00
The above quantity increases were necessary due to previously unknown existing
conditions on the original contract.
Item No. 09.040 Plugging Waterlines
Contract called for 9 plugs. 11 plugs actually made.
Increase: $ 2,400.00
Item No. 09.506 Water Valves/Boxes - 6" Diameter
Contract called for 12 to be installed. 13 actually installed.
Increase: $ 400.00
Item No.09.91 0 Fire Hydrants
Contract called for 7 to be installed.
9 actually Installed. Increase: $ 4,000.00
The above increases are necessary due to field changes
on the original contract.
Item No. 09.510 Water Valves/Boxes - 10" Diameter None were called for in the
contract. 2 actually installed. This was necessary due to field changes on the
original design.
Increase: $1,450.00
New Item A
Contractor requests compensation for time lost due to engineering changes on
Myrtle Street. This lost time was due to work stoppage as directed by the
Engineer when previously unknown field conditions were encountered. An unmarked
and abandoned fire main was discovered in the proposed water-line trench,
requiring a change in alignment of the new main. Contractor's claim has been
reviewed by the Engineer and found to be acceptable as presented.
Increase:$ 920.87
New Item No. B
Contractor requests compensation for extra manpower and equipment time expended
in sawcutting for new waterline installation on Chicago Street.
An unusually thick roadway base was encountered on Chicago Street between Swan
and Seneca Streets which included old trolley tracks and ties An average depth
of 2'-8" was recorded during excavation. Contractor's claim reviewed by the
Engineer and adjusted as shown. Increase: $ 2,820.00
New Item No. C
Contractor requests compensation for additional work performed on High
Street, as per City of Buffalo Division of Water.
Contractor was directed by the Buffalo Division of Water and the Engineer to
remove and replace an existing 6" tee, deemed to be in questionable condition.
The original design called out for it to remain. Contractor's claim reviewed by
the Engineer.
Increase: $ 1,468.55
New Item No. D
Contractor requests compensation for manpower and equipment time expended to
expose existing water and sewer lines on High Street.
Contractor was directed by the Division of Water and the Engineer to expose an
area at the east side of the High Street bridge to visual inspection.
This area had previously been found to have undermined due to a sewer collapse.
The excavated area was also examined by the
Buffalo Sewer Authority at this time
Increase: $ 604.73
Costs have been reviewed by the Department of Public Works and the Consulting
Engineer and found to be fair and equable.
SUMMARY:
Original amount of Contract $ 531,385.00
Amount of Change Order No. 1 - Increase $ 53,192.05
Current Amount of Contract $ 584,577.05
Funds in the amount of $53,192.05 are available in the Division of Water's
416-Capital Project Fund, 982-001-00-000 account.
I recommend the above change order and it is respectfully requested that your
Honorable Body authorize the Commissioner of Public Works to issue a change
order as set forth above.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 38
Forgiveness of Local Assessment at
412 Cumberland Avenue
Sidewalk Repairs on 7/29/93 - $664.02
Item No. 41, C.C.P. 9/6/94
The owner of the property at 412 Cumberland Avenue has stated
in his letter to Councilmember Lockwood, dated December 23, 1994 that there was
a lack of notice connected with the sidewalk replacement that took place at the
above mentioned location in the summer of 1993, which resulted in an assessment
to his property for additional non-tree root damaged concrete, totaling
$664.02.
A thorough search through our office records has failed to provide a copy of
prior notification in conjunction with said work for this property which is in
violation of the City Charter.
Therefore, we recommend to Your Honorable Body to rescind the assessment of
$664.02 for 412 Cumberland Avenue.
Mr. Pitts moved:
That the communication from the Department of Public Works, be received and
filed; and
That the Commissioner of Public Works be, and he hereby is, authorized to
rescind the assessment of $644.02 for 412 Cumberland Avenue for sidewalk
repairs on 7/29/93.
PASSED.
AYES-13 NOES- 0
No. 39
Request Ord. Remove Restaurant License Fees
Item No. 148, CCP, 1/10/95
In response to Item #148, C.C.P. January 10, 1995 "Restaurant
License Fees", please be advised of the process for the renewal of restaurant
license fees as requested by the Committee.
Chapter 370-3 of the City of Buffalo Restaurant Ordinance states: "Before the
issuance of such license, the Director of Licenses and Permits shall also refer
said application to the Commissioner of Fire and the Director of Housing and
Property Inspection for their approval............". Since this section of the
ordinance was rather vague on whether this procedure be followed on renewals,
our office, with the cooperation of the Fire Prevention Bureau, last year
implemented a procedure in which the Bureau would inspect all restaurants,
restaurant take-out and catering services, prior to the renewal of the license.
Due to the time factor, billings were sent out last year prior to the
inspection. However, all inspections were made and any businesses that were
disapproved for safety reasons were sent violation letters and reinspected for
compliance. In May of this year, approval slips will be forwarded to both the
Fire Prevention Bureau and the Housing and Property Inspection Department.
Once both approvals are received, the Restaurant will be billed accordingly.
As you can see, there are a lot of administrative costs involved in issuing
said licenses. No where do the license fees each year exceed these costs,
which have been explained in detail to you by the office of Administration &
Finance, Item #68, C.C.P. 1/24/95.
It seems that the intent of this ordinance is being overlooked. Citizens have
the right to feel safe when dining at an establishment. Without this license,
restaurant take-outs could convert to restaurants without proper permits,
change of use and the disregard for handicap accessibility and bathroom
facilities. Electrical wiring and plumbing may be installed without meeting
building code regulations. Without seating limitations, over crowded
conditions may also occur, causing a hazardous fire condition.
When the City Lawmakers enacted this ordinance, it was with a specific purpose
in mind. That is, for the safety of the public and not to create excessive
revenue, as is being intended by your resolution.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 40
Waive Ordinance to Allow Building
Along Seward Street
This report is in response to resolution No. 164 of the Common
Council Proceedings of February 7, 1995 concerning the waiving of the ordinance
to allow building along Seward Street.
Under Chapter LXXII (Flood Damage Prevention) of the Ordinances of the City of
Buffalo, the Commissioner of Public Works is responsible for the administration
of the ordinance. Section 5.5 (Residential Construction Elevation Required)
States: "New construction or substantial improvement of any structure
containing residential units shall have the lowest floor, including basement,
(or cellar) elevated to or above base flood elevation". Base flood elevation
is defined as "The flood having a one (1) per cent chance of being equaled or
exceeded in any given year. The land areas below this base flood elevation are
defined as "Zone A Flood Hazard Areas". The Base Flood Elevation is set by the
Federal Insurance Administration. Neither the Commissioner of Public Works,
nor any other City official or department has the right or power to change or
modify the base flood elevation. If a building was built prior to 1981 and
there is a question as to whether or not the existing land surface surrounding
the building is above the base flood elevation, the owner may file an
application for variance. The owner would have to show that the existing land
elevation was, in fact, above the base flood elevation and if BO, the
Commissioner of Public Works could issue a variance. In that case, flood
insurance may not be required.
The resolution mentions that homes with basements have recently been built in
this area. The Department of Public Works is familiar with this situation.
Dr. T. S. Manickam of the New York State Department of Environmental
Conservation by letter dated December 12, 1994 has notified the City of Buffalo
that these buildings are in violation of the Flood Ordinance and modification
or retrofittings of those Structures must be made in order for them to conform
to the ordinance.
It must be understood that all government backed mortgages and most private
mortgages on properties within the "Zone A Flood Area B" require flood
insurance. The National Flood Insurance Program provides subsidized flood
insurance. Dr. Manickam, in his letter of December 12, 1994 warns us that
continued participation in the National Flood Insurance Program is dependent
upon our administration and enforcement of the ordinance and the regulations.
I, therefore, must advise Your Honorable Body that the proposed variance
suggested by the resolution would be a violation of the ordinance and the
regulations and must be rejected.
The resolution also requests a breakdown of flood damage claims in the area in
question during the past ten (10) years. We will attempt to provide that
information, but I must point out that the base flood defines the elevation of
the so-called 100 year flood, and that the review of the claims submitted
during the last ten (10) years is meaningless.
REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CORPORATION COUNSEL.
No. 41
Liquor License Applications
Item #74, C.C.P. 1/24/95
In reference to Item #74, C.C.P. 1/24/95, Humpback Whale Enterprises,
Inc./ dba The Kodiak Cafe, 423 Elmwood Avenue has current Restaurant License,
#7256 and a Sidewalk Cafe License, #109.
REFERRED TO THE MAYOR.
No. 42
Liquor License Applications
Item #85, C.C.P. 2/7/95
In response to Item #85, C.C.P. 2/7/95 applications for Restaurant,
'Music and Coin Controlled Amusement Devices were mailed to The Turf Bar, 130
Genesee Street. Applications for Restaurant and Music were mailed to Hutch &
Associates In 1375 Delaware Avenue on January 3, 1995.
REFERRED TO THE MAYOR.
FROM THE COMMISSIONER OF POLICE
No. 43
Local Response to Crime Bill Priorities
(Item No. 154 C.C.P. 2/7/95)
It appears that the "Crime Bill" is under total revision by the
House and Senate. At this time it is impossible to file department priorities
until the legislative and/or veto process is complete. Should the bill remain
intact or without substantive change, it is the intention of the department to
apply for support personnel who can be assigned to existing desk jobs now
performed by officers. The support personnel, at a number to be determined,
require one week of training compared to five (5) months for a police officer,
further the salary and benefit package is considerably less than that of a
police officer. We will recommend that the city's 25% match, as it now stands,
be paid from asset forfeiture as authorized by law. Additional technological
improvements will also be requested from the existing Crime Bill.
The provisions for violent street crime apply to FEDERAL CRIMES, which accounts
for less than 5% of reported crime. Since we heavily participate in two
federal task forces our commitment to these provisions exceeds those of many
jurisdictions. Please contact me if I can answer any questions.
REFERRED TO THE COMMITTEE ON LEGISLATION.
FROM THE CORPORATION COUNSEL
No. 44
Explanation of Smoking Ordinance
Item No. 180, C.C.P., 1/24/95
You have requested an explanation of the application of Chapter
399 of the Code of the City of Buffalo, which establishes a smoke-free
environment in all City Buildings and vehicles. Specifically, you have asked
the following questions for the Law Department to address:
1. Is the offense of violating the ordinance a violation or misdemeanor?
2. How is an offense cited, by the issuance of an appearance ticket on the
offender or by the arrest of the offender?
3. What is the delegation of authority for the enforcement agents, the
Commissioners of Fire, Police and Public Works?
4. How does the imposition of fines vary by the number of offenses?
5. Who has the authority to determine guilt or innocence, a hearing examiner
or a City Court judge?
In response to the above questions, the Law Department offers the following
explanations.
1. Violating the ordinance is a violation.
2. Like the Curfew ordinance, the Smoking ordinance is expected to curb
behavior gently. Informative warnings could be given initially and if the
problem persists, more serious action can be taken. Initially, an offender
should be given a warning, verbal or written, regarding the offensive conduct.
If that does not deter the offensive conduct, the offender could either be
issued an appearance ticket and then the offender would be able to protest the
violation or pay the fine or be arrested.
3. The responsibility to enforce the ordinance falls jointly falls upon the
Commissioners of Police, Public Works and Fire. Any of them, or their
designees, could issue a ticket to anyone caught smoking in the City Building
(as defined by the ordinance). Those entities leasing property from the City
may contact either department to have the ordinance enforced. Within City
Buildings, all department heads are expected to encourage compliance and to
create policies in their respective departments to supplement the provisions in
the ordinance.
4. The fine amount is discretionary on the part of the adjudicating body. The
fine cannot be less than fifty dollars ($50) nor more than five hundred dollars
($500) for each offense. It is anticipated that the amount would escalate with
each offense or it may be higher depending on the circumstances of the
offensive incident (e.g., the degree of disruption caused by the smoking, the
attitude or hostility displayed to the enforcement officer, the offender's
record, etc.).
5. At present, a City Court judge will determine guilt or innocence after a
trial on the matter. If administrative adjudication is established for the
City, violations of the ordinance could then be heard by a hearing examiner if
this ordinance is included in the authorizing legislation.
If you have any other questions or concerns, please address them to this
department.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 45
Temporary Licenses
Item No. 163, C.C.P., 2/7/95
You have asked the Department of Law and the Division of Licenses
for an explanation of temporary licenses and the circumstances in which they
are utilized. Specifically, you have asked the following questions:
1. What is a temporary license?
2. When may a temporary license be issued?
3. Who has the authority to renew or extend a temporary license?
4. What is the Common Council's role in authorizing the extension of temporary
licenses?
In response to the above questions, the Department of Law, in conjunction with
the Division of Licenses, offers the following answers.
1. A temporary license is a license issued by the Division of Licenses for a
limited time or in conjunction with a special event in the City.
2. A temporary license may be issued for various outdoor amusement functions
such as street performers, concerts, circuses and shows. They may also be
issued to exhibitors, transient businesses, food stands, and peddlers for
special events. Other activities such as pyrotechnical displays, parachuting,
skydiving and helicopter landings may also be issued temporary licenses.
3. The Division of Licenses does not extend or renew temporary licenses. The
license is usually issued in conjunction with a particular event or activity.
The license is good only for the duration of the event or activity. Once the
license has expired, there generally is no need for additional time.
4. The Common Council has no role in extending temporary licenses. Since
extensions are not granted, there is no action required from the Common
Council.
If you have any other questions or concerns, please address them to the
Department of Law or the Division of Licenses.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 46
Strip Searches
Item No. 58, CCP, 2/7/95
Per your request, attached is the policy of the City of Buffalo
Police Department relating to strip searches (5 pp) and excerpts from the
departmental Manual of Procedures regarding search of prisoners (2 pp).
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 47
Unpaid PILOT Agreements
Item No. 25, C.C.P., 2/7/95
You have requested a response from the Department of Law regarding
the City of Buffalo's ability to deal with unpaid Payment In Lieu of Taxes
("PILOT") agreements.
The City of Buffalo is not a party to PILOT agreements. These agreements are
enforced by the Erie County Industrial Development Agency ("ECIDA"), which is a
party. The ECIDA is notified by the City of which companies are in arrears,
and has been cooperating with the City in attempting to collect. The
Department of Assessment and the Comptroller's office are working closely with
Dr. Coan of the ECIDA, and the Department of Law is, of course, ready to assist
if necessary.
Because payments in lieu of taxes are not taxes, the penalty schedule does not
apply unless provision for late penalties is made in the contract.
REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT.
No. 48
Minutes Of Crossroads Project
Meeting February 8, 1995
Attached is a Memo from Cohen, Swados, Wright, Hanifin, Bradford
& Brett concerning the minutes from a meeting held on February 8, 1995 with the
banks and their counsel. The Memo misrepresents some of the important factors,
but I thought it was important for you to have this.
REFERRED TO THE STADIUM/AUDITORIUM TASK FORCE.
No. 49
Crossroads Project Tax Immunity
Attached are copies of letters received from Nancy A. Naples,
Erie County Comptroller, relative to the issue of tax immunity as it relates to
the Crossroads Project.
REFERRED TO THE STADIUM/AUDITORIUM TASK FORCE.
No. 50
Taylor Law "Sunset Provision"
Item No. 182, C.C.P. 2/7/95
This is in response to your request for an explanation of the
"sunset provision" of Section 209 of the Taylor Law and its effects on future
contract settlements.
The resolution of impasses in contract negotiations between public employers
and employee organizations is governed by the Taylor Law, Sections 200-214 of
the Civil Service Law. The portion of the Taylor Law which provides for
compulsory interest arbitration for police and fire employees only is scheduled
to expire on July 1, 1995.
Originally, the Taylor Law provided the same dispute resolution procedures for
all categories of public employees, including police and fire employees. If
collective negotiations failed to reach agreement, either party to the
negotiations could notify the Public Employment Relations Board ("PERB") of the
existence of an impasse, stating the specific history of the negotiations and
listing the unresolved issues. If PERB determined that an impasse did indeed
exist, it would assign a mediator to the parties to assist in resolution.
If mediation was unsuccessful, a fact finder would be appointed by PERB. The
fact finder would gather information regarding the negotiating demands and
their respective justifications. If the fact finder was unsuccessful in
mediating the dispute, he would issue his findings and recommendations on the
issues in dispute between the parties. The fact finder's recommendations are
advisory only, unless otherwise agreed to by the parties. If they are not
agreed to, they are made public, based on the belief of the framers of the
Taylor Law that informed public opinion would pressure the parties to
negotiation of appropriate concessions.
If the fact-finding process fails to cause a resolution, the municipality's
legislative body, here the Common Council, may conduct a public hearing at
which the public employee's chief executive officer and the employee
organization are required to explain their positions. Thereafter, the
legislative body may impose employment conditions for a period of up to one
fiscal year.
In 1974, the state legislature amended Section 209 of the Taylor Law to provide
for compulsory interest arbitration to resolve impasses involving police and
fire units only. There are two main differences from the statutory scheme
described above for non-police and non-fire units. First, there is no
fact-finding process for police and fire, only mediation. Second, the dispute
is resolved by binding and final interest arbitration, rather than by
legislative imposition.
Section 209(4) now provides that if mediation is unsuccessful, either party may
request PERB to refer the dispute to an interest arbitration panel, made up of
an employer representative, an employee representative, and a neutral appointed
by PERB, Hearings are then conducted, involving the presentation of documents
and witnesses. At the conclusion of the hearings, the panel makes a final and
binding decision, by majority vote. The award may cover any period of time up
to two years from the expiration date of the previous collective bargaining
agreement.
The effect of the expiration of Section 209(4) this year, assuming it is not
reenacted by the state legislature, would be to return police and fire
employees to the original dispute resolution scheme for other types of
employees, ending in legislative imposition, which was described above. Police
and fire employees would still be covered by the prohibition against strikes,
which is applicable to all public employees. Reversion to the legislative
imposition process assumes that the parties do not negotiate an alternative
impasse resolution procedure, which they are permitted
REFERRED TO THE SPECIAL COMMITTEE ON TAYLOR LAW IMPASSE.
FROM THE COMMISSIONER OF COMMUNITY DEVELOPMENT
No. 51
Safety of City Property
Res. 213, C.C.P. Oct. 4, 1994
Pursuant to above mentioned Resolution, attached please find a
list of property owned by the Buffalo Urban Renewal Agency.
If there is any other information required by Your Honorable Body, please
advise and I will be happy to respond.
REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT, THE COMMISSIONER OF
COMMUNITY DEVELOPMENT, AND THE COMPTROLLER.
No. 52
Bids Shoshone Park Improvements
I hereby request permission to take bids for the above project;
and have asked and received the following bids for Shoshone Park Improvements
on February 8, 1995:
COMPANY BASE BID
Klarberg Inc. $47,400
American Paving $49,400
C.H. Byron Inc. $50,000
Birch Grove Landscaping $50,098
Pine Ridge Nursery $58,499
B.D.R. $64,444
I hereby certify that the foregoing is a true and correct statement of the bid
received. We are accepting the low base bid, and, therefore, Klarberg Inc.,
6465 Transit Road, East Amherst, New York 14051, is the lowest responsible
bidder in accordance with plans & specifications, in the amount of $47,400.
I recommend that Your Honorable Body authorize the city to order the work on
the basis of the low bid. Funds for this work are available in Bond Fund
Account 200-717-014.
Mr. Pitts moved:
That the communication from the Department of Community
Development dated February 8, 1995, be received and filed; and
That the Commissioner of Community Development be, and he hereby is, authorized
to award a contract for Shoshone Park Improvements to Klarberg Inc., the lowers
responsible bidder in the amount of $47,400, with said cost to be charged
against the Bond Fund Account 200-717-014.
PASSED
AYES - 13 NOES - 0
No. 53
Report of Bids - War Memorial Stadium Concession Stand -
General, Electrical, and Plumbing Contracts
On Tuesday, February 8, 1995, the Division of Development received
and opened the following sealed bids for interior finishes, mechanical systems
and equipment associated with War Memorial Stadium Concession Stand:
Contractor
General Construction Base Bid
*Nichter Associates $62,326
344 Vulcan Street
Buffalo, New York 14207
*C.H. Byron $64,000
127 Skillen Street
Buffalo, New York 14207
*Gerald T. Stay $64,600
255 Great Arrow
Buffalo, NY 14207
*Kostas Construction $72,480
5463 Seneca Street
West Seneca, New York 14224
Electrical Construction
* CVM Electric $ 4,392
33 Peuquet Pkwy
Tonawanda, New York 14150
* Warrens Electric $ 4,516
77 Reading Street
Buffalo, New York 14220
*Weydman Electric $ 6,349
747 Young Street
Tonawanda, New York 14150
Plumbing Construction
MKS Plumbing $12,555
19 Ransier Drive
West Seneca, New York 14224
*Ackerman & Huebsch, Inc $12,888
140 Fire Tower Dr.
Tonawanda, New York 14150
I hereby certify that the preceding is a true and correct
report of all bids received. Funds for this work are available in Community
Development CPA 200-717-094. It is, therefore, recommended that Your Honorable
Body authorize the Commissioner of Community Development to award and execute
contracts with the low bidders as follows:
Nichter Associates (General) $62,326
CVM (Electrical) $ 4,392
MKS (Plumbing) $12,555
Total Construction Cost $79,273
Mr. Pitts moved:
That the communication from the Department of Community
Development, dated February 15, 1995, be received and filed; and
That the Commissioner of Community Development be, and he hereby is, authorized
to award contracts for War Memorial Stadium Concession Stand, for General
Construction to Nichter Associates, in the amount of $62,326; for Electrical
Construction to CVM Electric, in the amount of $4,392; for Plumbing
Construction to MKS Plumbing, in the amount of $12,555, the lowest responsible
bidders, with said costs to be charged against Community Development CPA
200-717-094.
PASSED
AYES- 13 NOES- 0
No. 54
Downtown Entertainment District Phase I
Approval of LDA - 430 Niagara Street Associates
269-273 Franklin Street Parking Lot
The City of Buffalo Urban Renewal Agency duly designated 430 Niagara
Street Associates and/or joint venture, partnership, corporation or other legal
entity to be formed as the qualified and eligible Redeveloper for the subject
parcel.
The Agency has also determined that the proposed Land Disposition Agreement
negotiated by the Agency and the Redeveloper is satisfactory.
Please be advised that in accordance with the provisions of Article 15A of the
General Municipal Law, it is now necessary for Your Honorable Body to set a
date for a public hearing, and to direct the publication of a notice of said
hearing. In the interest of time and anticipating that Your Honorable Body is
willing to expedite this matter, I have taken the liberty to prepare a
Resolution together with a Notice of Public Hearing for your action.
Forwarded herewith are the following documents:
1. Resolution setting Public Hearing
2. Notice of Public Hearing
3. Resolution approving proposed Land Disposition Agreement
4. Proposed Land Disposition Agreement
After the Public Hearing is held, Your Honorable Body may adopt a Resolution
authorizing the disposition of the land to the Redeveloper, which the Agency
has designated as being qualified and eligible.
REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT.
No. 55
Oak Street Redevelopment Project NYR-197
LDA - Langston Hughes Institute
25 High Street & A Portion of 963-969 Washington
The City of Buffalo Urban Renewal Agency duly designated Langston
Hughes Institute and/or joint venture, partnership, corporation or other legal
entity to be formed as the qualified and eligible Redeveloper for the subject
parcel.
The Agency has also determined that the proposed Land Disposition Agreement
negotiated by the Agency and the Redeveloper is satisfactory.
Please be advised that in accordance with the provisions of Article 15A of the
General Municipal Law, it is now necessary for Your Honorable Body to set a
date for a public hearing, and to direct the publication of a notice of said
hearing. In the interest of time and anticipating that Your Honorable Body is
willing to expedite this matter, I have taken the liberty to prepare a
Resolution together with a Notice of Public Hearing for your action.
Forwarded herewith are the following documents:
1. Resolution setting Public Hearing
2. Notice of Public Hearing
3. Resolution approving proposed Land Disposition Agreement
4. Proposed Land Disposition Agreement
After the Public Hearing is held, Your Honorable Body may adopt a Resolution
authorizing the disposition of the land to the Redeveloper, which the Agency
has designated as being qualified and eligible.
REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT.
No. 56
SEQR-Negative Declaration-
Crossroads Arena Amendment
A Negative Declaration for the above-referenced project is hereby
filed with your Honorable Body in accordance with Section 617.10(a) of the New
York State Environmental Quality Review Act.
If you should have any questions, please contact Mr. Gregory Bemas of the
Division of Planning at ext. 5083.
REFERRED TO THE URBAN RENEWAL AGENCY COMMITTEE.
No. 57
Waterfront Redevelopment Project NYR-35
Urban Renewal Plan Amendment
The Urban Renewal Plan, for the Waterfront Redevelopment Project
was approved on October 22, 1963 by the Common Council for a 50 year duration.
On November 16, 1993 C.C.P. 157, the Common Council amended the Urban Renewal
Plan for an area of the City of Buffalo waterfront known as 'the Crossroads".
The Department of Community Development is now requesting that the Urban
Renewal plan be amended once again to allow for acquisition of additional
parcels of land for the evolving arena project and to ratify the findings and
determination of this office approving minor design changes set forth in the
attached resolution.
The Department of Community of Development, therefore, respectfully requests
the City clerk advertise a Notice of Public Hearing no latter than March 10,
1995 with the hearing to be held March 21, 1995.
The City Planning Board on February 14, 1995 voted unqualified approval of the
Amendment and this office's approval of the minor design changes.
REFERRED TO THE URBAN RENEWAL AGENCY COMMITTEE.
FROM THE COMMISSIONER OF STREETS
No. 58
Amend Traffic Ordinances - 24 Hour On-street Parking
Item #162, C.C.P. January 10, 1995
I do not approve of resolution "Amend Traffic Ordinances re: 24
hour on-street parking.
This is based on the fact that it would prohibit our efforts to keep the
streets clear of ice and snow. I also believe it would cause a safety hazard
to the citizens of Buffalo, if we are prohibited from doing so.
This winter we have encountered automobiles who have broken down and remained
in the same spot for two to three days at a time, causing us to by-pass the
street, thus causing us extra time and expense.
REFERRED TO THE COMMITTEE ON LEGISLATION.
FROM THE COMMISSIONER OF INSPECTIONS AND COMMUNITY REVITALIZATION
No. 59
Report of Emergency Bids for
Demolition 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 January 30, 1995 and that the contracts will be awarded to the
following lowest responsible bidders:
ADDRESS/OWNER CONTRACTOR/DOLLAR BID
288 Miami Street front & rear Integrated Waste Special Serv
David Riley/Samuel Urso
91 Emerson Dr., Bflo, NY 14226 $11,800.00
122 Miller Street & Shed Lebis Enterprises
Jeanette & Patricia Najowski
122 Miller St., Bflo., NY $ 4,700.00
282 Rother Street Integrated Waste Special
Serv.
282 Rother St. Land Trust
715 Main St. ,Bflo., NY $ 5,600.00
Aggregate Bid:
193 Maurice Street Peter DelMonte Demolition
Lillian McGuire
193 Maurice St., Bflo., NY $ 9,900.00
1143 Seneca Street $ 5,800.00
Norman Jaeckle
9 Longnecker, Bflo., NY $15,700.00 TOTAL
AGGREGATE 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.
REFERRED TO THE COMMITTEE ON FINANCE AND THE COMMISSIONER OF INSPECTIONS AND
COMMUNITY REVITALIZATION.
No. 60
Report of Emergency Demolition
Bid for 847 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 January 6, 1995
and that the contract will be awarded to the lowest responsible bidder:
ADDRESS/OWNER CONTRACTOR/DOLLAR BID
847 Glenwood Ave Lebis Enterprises
David W. Carrier
614 East North St $6,950.00
Buffalo, New York
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 and that said cost shall be collected against the owner or
person in possession benefitted, under the provision of Chapter 113 of the
Ordinances.
REFERRED TO THE COMMITTEE ON FINANCE AND THE COMMISSIONER OF INSPECTIONS AND
COMMUNITY REVITALIZATION.
No. 61
Report of Emergency Demolition
Bid for 404 Goodyear Avenue & Garage
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 January 31, 1995
and that the contract will be awarded to the lowest responsible bidder:
ADDRESS/OWNER CONTRACTOR/ DOLLAR BID
404 Goodyear & Garage Cedar Wrecking and Salvage
Calvin P. Waller
54 Huntley Road $7,800.00
Buffalo, NY 14215
Please be further advised that the sewer and water services will be terminated
by the demolition contractor and this cost is included in the cost of the
project.
We, therefore, respectfully request that upon approval by your Honorable Body
that the cost of the project be charged to the Special Assessment Fund
#500-000-002-00000, and that said cost shall be collected against the owner or
person in possession benefitted, under the provision of Chapter 113 of the
Ordinances.
REFERRED TO THE COMMITTEE ON FINANCE AND THE COMMISSIONER OF INSPECTIONS AND
COMMUNITY REVITALIZATION.
No. 62
Single Family Property Disp. - To Public Safety Employees
Item # 166 C.C.P. 01/24/95
A) Police Officer and Firefighter Homeownership
This city is encouraged to promote programs under which police officers may
move their residences to neighborhoods that are crime infested. The theory of
such strategies is that the very presence of police officers and firefighters,
even during off-duty times, will provide a deterrent to crime.
+ Strategy:
Specific attention will be given to implement the above program around
community schools and spread into the surrounding community.
+ Acquisition and Disposition:
The City shall use CDBG funds to acquire a property and transfer it to the
police officer or firefighter through sale or donation (Homestead Program).
+ Rehabilitation:
The City shall use CDBG funds provided directly to the police officer or
firefighter to acquire a property for the purpose of rehabilitation to be lived
in by the officer.
+ Direct Homeownership Assistance:
The City shall provide CDBG fonds directly to police officers and firefighters
who meet low- and moderate income limits to:
(1) Pay up to 50 percent of the down payment that the police officer or
firefighter is required to pay; and/or
(2) Pay reasonable closing costs (normally associated with the purchase of a
home) incurred by the police officer or firefighters
In certain circumstances, The City shall utilize CDBG funds to provide housing
for police officers or firefighters who exceed the low- and moderate-income
limits.
Special activities by City of Buffalo. The City shall provide CDBG funds
to any of the two types of subrecipients described above to carry out
activities which are otherwise ineligible if carried out by the city itself
Such activities must be part of a neighborhood revitalization or energy
conservation project, which has been determined by the City to be necessary or
appropriate to achieve its neighborhood revitalization objectives (around
targeted new construction areas and community schools and any other areas
considered affected by slum and blight programs). The city is encouraged to
meet a national objective which will utilize CDBG funds for:
New construction of housing;
Direct homeownership assistance, which may include down payment assistance
mortgage subsidies, housing allowances, etc. The provision of such income
payments is subject to the 15 percent public service limitation.
Non-low- and moderate-income officers and firefighters can be assisted under
the above kinds of activities, either under slums/blight or under low/mod. If
officers or firefighters are assisted under low/mod, then the general rule of
principle benefit to low- and moderate-income persons would apply.
All require ownership and residency for at least seven (7) years. Transfer may
be done to another police or firefighter's family.
Acquisition and Disposition: Homestead Program
Rehabilitation: CDBG Funds to police officers or firefighters to acquire a
property for the purpose of rehabilitation to be lived in by the officer.
Available soon to Buffalo Police Officers/Firefighters: HUD and the City of
Buffalo will be offering properties which they have taken over, to Buffalo
Police Officers and Firefighters. NO INCOME Residency requirement will be for
seven (7) years or penalties will apply, Applications will be available calling
Mr. Thomas Hill, 851-4247).
We advise that all applicants will be screened for a credit background and
those with poor credit W NOT be approved. Only so much money will be allotted
- do not hesitate to apply.
REFERRED TO THE URBAN RENEWAL AGENCY COMMITTEE AND THE US DEPARTMENT OF HOUSING
AND URBAN DEVELOPMENT.
No. 63
School 42-Approval Of $150,000
In Federal HOME Fund for YWCA Of WNY
To Pay For Pre-Development Costs
The Common Council and the Buffalo Urban Renewal Agency (BURA),
previously reviewed and approved of the utilization of $250,000 in Community
Development Block Grant (C.D.B.G.) funds to the YWCA of WNY, to purchase the
former School 442 at 1005 Grant Street.
In order for the YWCA to proceed towards the redevelopment of School 442, they
must initiate several predevelopment activities.
This request for Common Council approval is to provide $150,000 of 1994-95
Federal HOME Program dollars to the YWCA to pay for the following
pre-development costs for School #42:
Asbestos & lead paint assessment (report, design & variance, monitoring) -
$26,200
Architectural and engineering fees, demolition and design - $49,000 0
Asbestos & lead paint removal, attributable to housing components - $74,800
Total: $150,000
Approval of this HOME Program expense will allow the YWCA to complete
preliminary budget estimates and a feasibility study; which is necessary to
obtain funding for redeveloping school #42 into low rent senior congregate
living and a community center.
The re-use and conversion study of P.S. #42 is important for several specific
reasons:
The property has redevelopment potential that is unique. The neighborhood is
sound and the building is in generally good condition. All required community
services and transportation are in place to support the project.
The P.S. 42 property holds the potential to attract an investment of several
million dollars if only a plan for its productive re-use can be developed. It
is the lack of a coherent development plan for the project that has prevented
the re-use of the property for the last fifteen years.
If the buildings are redeveloped, the project holds the potential to generate
considerable tax revenue for the City. A modest estimate of tax generation
would be $500.00 per unit per year or $34,000 to $40,000 per year in tax
payable to the City of Buffalo. As a vacant school, the building did not yield
any taxes, it presently generates only minimal taxes to the City of $8,000 per
year.
Today P.S. 42 is a vacant and abandoned eyesore that could ultimately cost the
City many thousands of dollars demolish. Cost of demolition is estimated at
$400,000 to $500,000.
Nearly 70% of all senior citizens in Erie and Niagara Counties reside within
the City of Buffalo. Virtually every subsidized senior citizens housing
project in the city has a tenant waiting list of several years. This type of
housing is in great demand in the City of Buffalo.
Linkages between senior citizen residents and the local academic centers which
focus on geriatric care and nursing will be explored as a potential means
through which enriched services for the residents could be provided on site.
Education opportunities and community services which are vital can be brought
into the Grant and Amherst neighborhood.
Seniors prefer to remain in their own neighborhood whenever possible. The
Black Rock area has a high percentage of owner-occupied homes where many
seniors are burdened with homes that are too large for their needs, expensive
to heat and costly to maintain. Seniors need a suitable housing alternative
which is affordable.
Homes sold by seniors will be available for young families to purchase and
rehabilitate at modest levels of cost.
The YWCA will make every effort to reimburse the City's HOME Program for HOME
expenditures through the financing plan for the redevelopment of School #42.
Mr. Pitts moved:
That the communication from the Inspections and Community Revitalization, dated
February 21, 1995, be received and filed; and
That the Commissioner of Inspections and Community Revitalization be, and
hereby is authorized to utilize $250,000 in Community Development Block Grant
funds for the redevelopment of School #42 at 1005 Grant Street.
PASSED.
AYES- 13 NOES- 0
FROM THE COMMISSIONER OF ADMINISTRATION AND FINANCE
No. 64
Appoint Director of Labor Relations
I hereby appoint Gregory P. Joos to the position of Director of
Labor Relations in the Department of Administration & Finance.
Mr. Joos' experience as Coordinator of Employee Relations in the Town of
Cheektowaga, since 1990, as well as his background as a firefighter and fire
administrator, should prove invaluable to the City as we move into contract
negotiations and as we continue to work toward improved labor-management
relationships.
Mr. Joos resides at 3567 Harlem Road, Cheektowaga, NY 14225 and will be moving
into the City shortly.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
No. 65
Recovery Costs
In response to your letter dated February 7, 1995 regarding Recovery
Costs from Housing Court Fines the following information is submitted.
It appears the collection effort in Housing Court is directly related to the
methods favored by those sitting on the bench at the time. As mentioned in the
meeting, Housing Court has much stronger methods of enforcement than the City.
Housing Court should submitted a list of outstanding fines to the City to
determine the scope of the problem.
Next, judges should be made aware of the costs incurred by the City in these
cases These costs should be taken into account by the judge when levying the
fines.
Lastly, the list of uncollected fines should be made available to the City for
informational purposes or for assistance in collection if deemed necessary by
the court.
I hope these comments are of some help to you in recovering the City's costs in
Housing Court.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 66
Req. Ord. amend-24 hr. On-street Parking
Item No. 162, C.C.P. 1/10/95
I do not feel that repealing the twenty-four (24) hour parking
ordinance is in the best interest of the City of Buffalo.
However, further discussion of this issue is needed to determine the impact on
other City Departments. Parking Enforcement's role is to enforce ordinances,
not create them.
It is my recommendation that further dialogue is necessary between the Common
Council, Department of Public Works, Department of Streets, Division of Parking
Enforcement and Corporation Counsel to address all concerns.
REFERRED TO THE COMMITTEE ON LEGISLATION.
FROM THE CITY CLERK
No. 67
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
667 Grant Fat Cat's 667 Letchworth St., Inc
511 Ohio St. Bison City Gun Club Bison City rod & Gun
Club
519 So Park McCarthy's Clam Digger C. McCarthy
REFERRED TO THE COMMITTEE ON FINANCE, THE COMMISSIONER OF ASSESSMENT, THE
COMMISSIONER OF PUBLIC WORKS, AND THE COMMISSIONER OF INSPECTIONS AND COMMUNITY
REVITALIZATION.
No. 68
Leaves of Absence Without Pay
I transmit herewith notifications received by me, reporting the
granting of the leaves of absence without pay, in the various departments as
listed:
Public Works- Patrick Sole, Kathleen Carbohn
Police- Lynn Fitzgerald, Andrew Nostrant
Corporation Counsel- Rose Marie Rivera
Human Resources- Dexter Frank
RECEIVED AND FILED.
No. 69
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:
City Planning Board
Water Finance Authority
REFERRED TO THE COMMITTEE ON FINANCE AND THE WATER FINANCE AUTHORITY.
No. 70
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 February 6, 1995 in the Department of Mayor's Office In
Programs, Division of Youth Opportunity and Internship Program, the Position of
Intern II Seasonal, at the Flat Starting Salary of $4.25 .
Camille Sanders, 126 Campbell Road, Buffalo, New York 14215
Jonathan L. Kaminski, 167 Grider Street, Buffalo, NY 14215
No. 71
Notices of Appointments - Seasonal/Flat
I transmit herewith certificates received by me, reporting seasonal
and flat salary appointments made in various departments.
RECEIVED AND FILED.
DEPARTMENT OF STADIUM & AUDITORIUM
Appointment Effective February 13, 1995 in the Department of Stadium
& Auditorium Division of Memorial Auditorium, to the Position of Laborer I
seasonal, at the flat Starting Salary of $ 6.22.
Charles L. Davis, 146 Northampton St., Buffalo, 14209
Maria Hernandez, 294 Treton, Buffalo, 14201
Jane Fields, 196 Butler Ave., Buffalo, 14208
Janet Davis, 50 High St., Buffalo, 14212
DEPARTMENT OF ASSESSMENT
Appointment Effective February 13, 1995 in the Department of Assessment
to the Position of Clerk, Seasonal, at the Flat Starting Salary of $5.20/hour
Anne M. Bauth, 363 Normal Avenue, Buffalo NY 14213
DEPARTMENT OF PUBLIC WORKS
Appointment Effective February 7, 1995 in the Department of Public
Works Division of Buildings to the Position of Senior First Class Stationary
Engineer Temporary, at the flat Starting Salary of $7.33.
Mark P. Scanlon, 201 Cumberland Avenue, Buffalo 14220
Appointment Effective February 9, 1995 in the Department of Public Works,
Division of Water, to the Position of Clerk, Seasonal, at the Flat starting
Salary of $5.20/hr
Tara R.Crenshaw, 544 Minnesota, Buffalo, 14215
Appointment Effective February 9, 1995 in the Department of Public Works,
Division of Water, to the Position of Clerk, Seasonal, at the Flat Starting
Salary of $ 5.20/hr.
Jerie Penders, 90 Roanoke Parkway, Buffalo, 14210
Appointment Effective February 10, 1995 in the Department of Public Works,
Division of Buildings, to the Position of Senior First Class Stationary
Engineer, Temporary, at the Flat Starting Salary of $ 7.33
Lawrence Doctor Jr., 29 Boone Street, Buffalo 14220
Mark P. Scanlon, 201 Cumberland Avenue, Buffalo 14220
Appointment Effective February 2, 1995, in the Department of Public Works,
Division of Buildings, to the Position of Senior First Class Stationary
Engineer, Temporary, at the Flat Starting Salary of $ 7.33
David L. Manko, 175 Como Avenue, Buffalo 14220
DEPARTMENT OF PARKS
Appointment Effective February 17,1995 in the Department of Parks
Division Of Recreation, Victor Orlando, 232 Linden Avenue, Buffalo, 14216 to
the Position of Fee Collector, seasonal, at the Flat Starting Salary of $4.94
hour.
DEPARTMENT OF ADMINISTRATION & FINANCE
Appointment Effective February 13, 1995 in the Department of Administration
and Finance, Division of Parking Enforcement, Georgianna Verrastro, 24 Knox
Avenue, Buffalo 14216, to the Position of Clerk, Seasonal, at the Flat
Starting Salary of $ 5.20.
Appointment Effective February 13, 1995, in the Department of Administration
and Finance, Division of Parking Enforcement, Lawrence Charles III, 145
Hastings, Buffalo 14215, to the Position of Laborer I, Seasonal, at the Flat
Starting Salary of $ 6.22.
Appointment Effective February 21, 1995 in the Department of Administration and
Finance Division of Parking Enforcement John Elliott, 148 Bird, Buffalo 14213
to the Position of Laborer I Seasonal, at the Flat Starting Salary of $6.22.
DEPARTMENT OF HUMAN RESOURCES
Appointment Effective February 2, 1995 in the Department of Human
Resources, Division of Youth, Brian Rice, 664 Riley, Buffalo 14211, to the
Position Of Attendant, Temporary, at the Flat Starting Salary of $4.42 p/h
Appointment Effective February 9, 1995 in the Department of Human Resources,
Division of Youth, to the Position Of Attendant, Temporary, at the Flat
Starting Salary of $4.42 p/h.
Rickie E. Latham, 54 West Balcom, Buffalo 14209
Arthur Tigg, 170 Oxford, Buffalo 14209
Appointment Effective February 13, 1995 in the Department of Human Resources,
Division of Youth, to the Position Of Attendant, Temporary, at the Flat
Starting Salary of $4.42 p/h
Teresa Blake, 71 Spaulding, Buffalo 14220
Michael Jordan, 20 Hines, Buffalo 14220
Jean Blake, 18 Spaulding, Buffalo 14220
Marc Tuzzalo, 29 Mariemont, Buffalo 14220
Darryl Gaiter, 153 Roebling, Buffalo 14215
Judith Bryson-Harper, 103 Fennimore, Buffalo 14215
Beverly Whitehead, 311 Lisbon, Buffalo 14215
Appointment Effective February 13, 1995 in the Department of Human Resources,
Division of Youth, Lance K. Goodman, 225 South Division, Buffalo 14214, to the
Position of Lifeguard, Seasonal, at the Flat Starting Salary of $5.20 p/h
Appointment Effective February 13, 1995 in the Department of Human Resources,
Division of Youth, Cathleen Lasky, 91 Eaglewood, Buffalo 14220, to the Position
of Supervisor, Temporary, at the Flat Starting Salary of $5.20 p/h
DEPARTMENT OF GENERAL SERVICES
Appointment Effective February 6, 1995 in the Department of General
Services, Division of Inventory & Stores, James Smith, 92 Montclair Ave.,
Buffalo, NY 14215, to the Position of Laborer II, Seasonal, at the Flat
Starting Salary of $ 6.92/Hr.
NON-OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES
NON-OFFICIAL COMMUNICATIONS
No. 72
A BROWN
Request To Lease 1269 Genesee
I am writing this letter in regards to the following entity, and
we are in hopes to receive a favorable reply. If you remember we talked
briefly concerning the building located at 1269 Genesee St. to become the
premises for Back to Basic Program. At this point we are very interested in
leasing the said premises for one dollar per year. We will provide as a
community based program, a direct, honest, and hands on approach to those who
reach out to us for help. There is a staff available who will deal with our
clients from a peer perspective, simply because we've been there! In regards to
renovation, we have compiled the necessary personnel who can and are willing to
begin the process to make this location inhabitable, to further serve the
community we believe in. Including with this letter is a overall view of Back
To Basics. Thank you for your time and consideration in the above matter.
Prayerfully we hope to hear from your office soon.
REFERRED TO THE COMMITTEE ON FINANCE AND THE COMPTROLLER.
No. 73
LEVAR BROWN
Enforce Ban On Cigarette Sales To Minors
My name is Levar J. Brown and I'm very concerned about the teenage
smoking rate in our country, but more importantly in my city. I have done
surveys, research and observations, and through these I have determined that
the teenage smoking rate has gotten higher and is showing no sign of
decreasing. I have also found that the access to these cigarettes is very much
like buying a pack of gum. If you known what flavor brand name you like and
you have the money you can get them. I also found that the majority of these
cigarettes are being bought at corner stores or small mini-marts where the
owner's or employees don't care. I feel that if a more restrictive law on
cigarette sales was implemented such as threatening to close them or cutting of
the cigarette sales might not totally solve this problem but would be a big
start to a greater solution. Thank you for your time sir.
REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CORPORATION COUNSEL.
No. 74
FOX 29
Closed Caption Programming
In reference your letter of February 8, 1995 requesting the programs
we carry that are closed captioned, the attached list is all-inclusive at this
time:
REFERRED TO THE SPECIAL COMMITTEE ON CATV.
No. 75
CHARLES GRIFFASI
Re-open Main St. To Vehicles
I submitted to the Common Council a proposal for a feasibility
study to re-open Main St. to cars; Oct., 1993, #103. Nothing has been done in
this direction. Therefore I want to re-submit the same proposal as #103.
REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT, THE COMMISSIONER OF PUBLIC
WORKS, BUFFALO PLACE AND THE NIAGARA FRONTIER TRANSPORTATION AUTHORITY.
No. 76
ERIE COUNTY LEGISLATURE
Update of County Tax Rolls
Attached please find a copy of the Resolution of the Erie County
Legislature introduced by Legislator Bozer concerning "The establishment of a
county wide update of the tax rolls". Your comments are invited.
REFERRED TO THE COMMITTEE ON FINANCE, THE COMMISSIONER OF ASSESSMENT, THE
COMMISSIONER OF ADMINISTRATION & FINANCE AND THE CORPORATION COUNSEL.
No. 77
ERIE COUNTY LEGISLATURE
Oppose TCI Rate Increase
Attached please find a copy of the Resolution of the Erie County
Legislature introduced by Legislators DeBennedetti and Olma opposing the recent
T.C.I. rate increase. Your comments are invited.
RECEIVED AND FILED.
No. 78
LOCAL 2651 AFSCME
Comments On Department Reforms
In response to Item #151 "Inspections Department Reform" I offer
the following suggestions to increase revenues and greatly improve efficiency
within the Department of Inspections:
1) Require permits for all "flat work" i.e. concrete and paving work done
within the City of Buffalo. Presently flat work is exempt from the permit
process. The proper pitch of a driveway is of great concern to many in Buffalo
where the homes are located so close together. Requiring permits for paving
would eliminate future complaints by ensuring proper pitch at the time of
installation, not six months down the road, and would help to generate
additional revenues for the City of Buffalo.
2) Issue minimum fifty dollar tickets ($50) to homeowners for high grass and
weeds, debris around property, and improper storage of debris. With the
backlog of court cases, it can take in excess of four months to have a court
case placed on the docket, during that time the Inspector has exhausted his
options to address the problem. The weeds or the trash sit for months
generating additional complaints and detracting from the neighborhood. The
ability to issue a ticket would be a faster, more efficient and money
generating solution.
I hope these suggestions help to augment the many positive solutions forwarded
by Kevin Fitzgerald, President of Local 2651.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 79
NYSDEC
Reclassification Of LVRR Property-Tifft St.
The Department of Environmental Conservation (DEC) maintains a
Registry of sites where hazardous waste disposal has occurred. Property located
at Tifft Street in the City of Buffalo and the County of Erie was recently
reclassified as a Class 5 in the Registry. The name and site I.D. number of
this property as listed in the Registry is Lehigh Valley Railroad, site code
915071).
The Classification Code 5 means that the site is properly closed, no evidence
of present or potential adverse impact -- no further action required.
We are sending this letter to notify you and others about these activities at
this site because we believe it is important to keep you informed. An
information sheet is enclosed to provided further detail on the recent
classification decision.
If you would like additional information about this site feel free to contact
the project managers listed on the enclosed information sheet.
REFERRED THE ENVIRONMENTAL MANAGEMENT COMMISSION.
No. 80
NYS OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES
Proposed Ordinance Amendment 511-136
Moratorium on Community Residential Facilities
This letter is submitted in reference to the proposed changes
to the City of Buffalo's Zoning Regulations relating to the Moratorium on
Community Residential Facilities. Your office stated in a phone conversation
of January 31, that the review of this proposal is temporarily postponed.
The proposed amendment should be reviewed with particular attention to impact
of the Americans with Disabilities Act (ADA) and the Fair Housing Act (FHA).
These statutes, together and separately, define the limits of housing
restrictions in this country. Community facilities as used by OASAS will house
individuals to whom both the ADA and FHA apply.
OASAS formally requests that we be granted interested agency status for the
review of this proposed amendment. If anything further is required to gain
interested agency status please advise the undersigned.
OASAS also requests copies of all application related materials submitted to
date so that we may maintain a complete file. If there is a charge for copies
please notify this office.
Thank you for your assistance. If you have any questions please do not
hesitate to contact me.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 81
PEACE BRIDGE/COLUMBUS PK. ASSN.
Change Name Portion of Seventh St.
By unanimous vote of the membership of the Peace Bridge Columbus
Park Association at its meeting on Tuesday, February 14, 1995 the following
resolution was passed in the presence of the Council President, the Council
Majority Leader and a Council District Representative:
"That the name of Seventh Street from Porter Avenue north to its intersecting
with Busti Avenue be changed to Columbus Parkway."
At a Common Council Meeting of November 29, 1994, the Council approved the name
change for only 1 block of Seventh Street from Porter Avenue to Connecticut
Street in Common Council Resolution No. 59 introduced by Council member Carl A.
Perla Jr. (Item No. 220, C.C.P., November 15, 1994)
The Association has always been on record supporting the name change to
Columbus Parkway and does not understand why the change occurred for only 1
block rather than the entire 5 block stretch.
We urge the Council to pass an addendum as stated above.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD, THE
COMMISSION OF PUBLIC WORKS AND THE CORPORATION COUNSEL.
No. 82
A. ROBINSON
Offer To Purchase 74 Eastwood
I, Anna G. Robinson want to purchase 74 Eastwood #311. This lot
is right behind my home on 241 Humboldt Pkwy.
REFERRED TO THE COMMITTEE ON FINANCE AND THE COMPTROLLER.
No. 83
TRI-MAIN DEVELOPMENT L.P.
Complaint-Economic Development Zone
Further to my telephone call, you will find attached a copy of
a letter of February 6, 1995 which I sent to Mr. Joe Costantini, Director of
Development, and which I trust is self explanatory.
Following your receipt of this letter, I would appreciate the opportunity to
discuss with you some alternative to the situation whereby a Tenant is
substantially penalized by moving their business into Tri-Main Center.
Obviously this is a major concern to me as a property owner now put into this
non-competitive market situation, but it is also going to have a major impact
on the surrounding neighborhood.
I would appreciate the opportunity to discuss this further with you.
REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT AND THE COMMISSIONER OF
COMMUNITY DEVELOPMENT.
PETITIONS
No. 84
Rite-Aid Drugs, owner, petition to use 350 Niagara Street for a store w/parking
and signs.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD
AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT.
No. 85
Conrail, owner, petition to use 500 Bailey Ave. for a pole sign.
REFERRED TO THE COMMITTEE ON LEGISLATION,, THE CITY PLANNING BOARD
AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT.
No. 86
Conrail, owner, petition to use 97 Selkirk for a pole sign.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD
AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT.
No. 87
Conrail, owner, petition to use 825 Ohio for a pole sign.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD
AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT.
No. 88
Conrail, owner, petition to use 1035 Perry for a pole sign.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD
AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT.
No. 89
Rev. D. Drzymala and Others oppose establishment of Club Marcella in the
Theater District.
REFERRED TO THE COMMITTEE ON LEGISLATION.
AYES- BELL, COLLINS, COPPOLA, CZAJKA, HELFER, LOCKWOOD, LOTEMPIO, PERLA, PITTS,
WILLIAMS- 10.
NOES- ARTHUR, FRANCZYK, ZUCHLEWSKI- 3.
REGULAR COMMITTEES
CLAIMS
HON. DAVID A. FRANCZYK
CHAIRMAN
No. 90
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:
A1. Anna and Peter Bialek and Donald T. Mahoney, Attorney$ 17,500.00
A2. Louise Grodesky $ 1,500.00
A3. James Lewis and Magavem, Magavern & Grimm and
Joyce Kendrick As Attorney $ 15,000.00
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
*Councilmember Helfer In the negative on A-3 only.
No. 91
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. Joyce S. Baker
Claim for damage to a 1979 Chevrolet Camaro. The vehicle was parked in the
driveway at 19 Andover Avenue when a large dead City owned tree fell on it.
There is no Insurance Company involved in the settlement of this claim.
$ 1,205.43
B 2. Jeanine Baran
Claim for payment of an insurance deductible. A portion of a dead tree in front
of 64 Vernon Place fell on top of claimant's vehicle, a 1988 Pontiac.
$ 200.00
B 3. Danielle R. Bouchard
Claim for damage to a 1980 Mercury Cougar. The vehicle was impounded by the
City and taken to the Tonawanda Street Impound Garage. While there it sustained
damages. There is no insurance Company involved in the settlement of this
claim.
$ 325.00
B 4. Gerald Caci
Claim for expenses incurred as a result of a 1978 Ford Pickup being impounded
by the Cheektowaga Police Department. A computer effort made by the Division of
Parking Enforcement who failed to apply his payment for parking fines
previously owed. There is no Insurance Company involved in the settlement of
this claim. $ 165.00
B 5. Donald F. Geary Sr.
Claim for eyeglasses that were broken in the line of duty at the Broadway
Garage working for the Department of Street Sanitation. There is no Insurance
Company involved in the settlement of this claim. $
245.00
B 6. Barbara Harenza
Claim for damage to a 1985 Chevrolet Impala at Broadway and Schutrum Streets.
The Water Authority excavated at that location due to a watermain break. They
completed the repairs but did not fill the hole that evening. Ms. Harenza was
driving
on Broadway and did not see the excavation and drove her vehicle into the
trench. There is no Insurance Company involved in the settlement of this
claim. $ 1,738.00
B 7. Pamela Hudson
Claim for damage to a 1987 Chevrolet Cavalier at the Tonawanda Street Impound
Garage. Check to be made payable to CNA Insurance Company
$ 736.00
B 8. Lani L. and James Jendrowski and Preferred Mutual Insurance Company A/S/0
Claim which arose out of an automobile accident on Fuhrmann Boulevard. Mr.
Jendrowski and his wife were travelling north on Fuhrmann Boulevard when their
vehicle hit three sawed off sign posts.
Preferred Mutual Insurance Company A/S/0
Lani L. and James Jendrowski $ 966.64
Lani L. and James Jendrowski $ 500.00
B 9. Solomon Kahn
Claim for damage to a 1986 Honda Accord while it was in the custody of the City
at the Tonawanda Street Impound Garage. The claim includes an overcharge for
storage costs which was made in error. There is no Insurance Company involved
in the settlement of this claim. $ 1,000.00
B 10. George W. Koedel
Claim for damage as a result of tree branches falling from a City owned tree in
front of 61 Stewart Street. High winds knocked the branches down taking out a
power line and damaging siding on the home. There is no Insurance Company
involved in the settlement of this claim. $ 645.00
B 11. Kathleen A. Miller
Claim for a pair of eyeglasses of Ms. Miller, an employee of the Parks
Department. Sh e was officiating a floor hockey game at the Machnica Center.
The hockey ball ricochetted and hit her in the face breaking the glasses. There
is no Insurance Company involved in the settlement of this claim.
$128.00
B 12. Cheryl A. Muffay
Claim for damage to a 1991 Ford Tempo. While driving down Seneca Street a
Division of Water valve box cover was knocked loose, flipped up and damaged the
fuel tank and fuel pump. There is no Insurance Company involved in the
settlementof this claim.
$ 595.00
B 13. New York Central Mutual Fire Insurance Company A/S/0
Theresa McGuire
Claim for damage to a home at 170 Folger Street. Winds exceeding fifty (50)
miles per hour uprooted a dead City owned tree which damaged the roof and
siding. The tree had previously been put on a list for removal.
$ 626.06
B 14.New York Central Mutual Fire Insurance Company A/S/0
Joseph and Arlene Smith
Claim for damage to property at 25 Seneca Parkside from a large tree that had
fallen on it. $ 3,143.25
B 15. Scott Reiller
Claim for damage to a 1994 Chevrolet Blazer. A branch from a dead tree at 45
Weyand Street fell on the vehicle damaging the fender and molding. There is no
Insurance Company involved in the settlement of this claim.
819.64
B 16. Allstate Insurance Co A/S/0 John F. and Jean Scholl
Subrogation claim on behalf of their insured, John F. and Jean Scholl, who
reside at 27 Seneca Parkside. Strong winds gusting up to sixty-three (63) miles
per hour toppled a large silver maple tree onto the adjacent home at 25
Seneca Parkside During the emergency removal of this large tree, it fen into
the home at 27 Parkside. $ 24,926.23
B 17. Scott Skinner
Claim for eyeglasses of Firefighter Skinner broken in the line of duty. While
fighting a fire at 18 Metcalfe Street his eyeglasses were knocked off his face
breaking the rame. There is no Insurance Company involved in the settlement of
this claim. $ 170.00
B 18. James M. Stevens
Claim for plumbing expenses incurred by the claimant to his property at 206
Gibson Street. The Division of Water dug and repaired a broken six inch water
main. They unknowingly damaged a six inch clay sewer tile. This was
discovered when the property owner had to excavate to find out what was
causing his sewer problems. This has been confirmed by Water Division and
Sewer Authority personnel. There is no Insurance Company involved in the
settlement of this claim. $ 2,535.00
B 19. Artee Wilbon
Claim for personal items missing from claimant's vehicle after it was picked up
from the Impound Garage. $ 115.00
B 20. Ronald J. Bokan
Claim for payment of claimant's insurance deductible with his insurance company
Able Insurance. A City owned twenty-four (24) inch maple tree fell on
claimant's vehicle at 22 Edson Street due to extreme high winds.
$ 500.00
B 21. Malachi Yon
Claim for payment of veterinary bills. Members of the Intelligence and
Narcotics Units of the Buffalo Police Department were executing a Court ordered
search warrant at 168 Laurel Street. A suspect fled the house and ran into the
yard at 174 Laurel Street. Detective William Donovan gave chase, jumping the
fence into the yard at 174 Laurel Street. A large German Shepherd in the yard
attacked the suspect and Detective Donovan. He was forced to shoot the dog.
The dog was seriously injured. An agreement was made between the Buffalo Police
and the dog's owner to pay for the veterinarians bills. There is no Insurance
Company involved in the settlement of this claim.
Greater Buffalo Veterinary Services $ 60.80
Ellicott Small Animal Hospital$ $ 60.40
Sheridan Animal Hospital$ $ 785.54
Total Claim $ 906.74
B 22. Grimm Construction Company
Claim for water damage to a warehouse and its contents due to a water overflow
at the Manhattan Avenue water storage tower. During the night an electronic
sensor in the water tower failed and allowed water to overflow onto the
surrounding neighborhood. There is no Insurance Company involved in the
settlement of this claim. $ 4,370.99
B 23. Nationwide Mutual Insurance Company A/S/0
Frank J. Vitko
Claim for property damage to a 1993 Ford Escort LX vehicle at Seneca and
Cazenovia Streets due to a water main break.
$ 1,300.00
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 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
* Councilmember Bell in the negative on B-5, 11 and 17 only
**Councilmember Helfer in the negative on B-5 and 17 only
No. 92
Miscellaneous
That, upon the recommendation of the Corporation Counsel and the
appropriate City Department, the following claims be paid:
C1. Accadia Enterprises, Inc.
This is a breach of contract claim.
Amount to be paid from bond fund $ 25,853.00
Amount to be paid from Judgment & Claims $ 44,147.00
Total Claim $70,000.00
C2. Agatha McCarthy
This is a pension claim regarding cessation of monthly pension checks (Central
Pension Fund of the International Union of Operating Engineers and
Participating Employers). $ 709.33
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. 93
Miscellaneous
C 3. William F. Sheehan Jr.
Article 78 proceeding challenging claimant's termination claiming it was done
in violation of the collective bargaining agreement and Civil Service Law which
New York State Supreme Court Justice Barbara Howe ruled in claimant's favor.
$ 2,000.00
That the above item be, and the same hereby is, returned to the Common Council
without recommendation
Mr. Franczyk now moved:
The approval of the claim of William F. Sheehan Jr. in the
amount of $ 2,000.00
That checks be drawn on the account of 81-2 General City Charges
100-812-000-00-809 Judgment Claims Prior Years, payable to the respective
claimant or plaintiff and his attorney(s), hereinabove named, the amounts set
opposite their names and delivered to them upon the delivery of the proper
releases where indicated.
PASSED.
AYES- ARTHUR, BELL, COLLINS, COPPOLA, FRANCZYK, LOCKWOOD, LOTEMPIO, PERLA,
PITTS, WILLIAMS ZUCHLEWSKI- 11
NOES- CZAJKA, HELFER- 2
No. 94
Miscellaneous
That, upon the recommendation of the Corporation Counsel and the
appropriate City Department, the following claims be paid:
C4. Melinda Smith
Claim for life insurance coverage under the City of Buffalo's bargaining
agreement with Local #2651 as beneficiary for Jack A. Imperi who was a City of
Buffalo Building Inspector who died on January 10, 1995. $
10,000.00
C5. Estate of Grace Besecker
Claim for two properties condemned and taken by the City belonging to Grace
Besecker, deceased for the widening of Bailey Avenue in the Elk Street area.
$ 12,500.00
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 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. 95
Miscellaneous Invoice
That, upon the recommendation of the Corporation Counsel
and the appropriate City Department, the following claims be paid:
D1. Buffalo Anesthesia Associates, P.C.
Claim for payment of a prior fiscal year invoice for services rendered to
Police Officer Michael Brady. $ 326.25
D2. Buffalo Crushed Stone
Claim for payment of prior fiscal year Invoice #30638 for services rendered to
the Department of Public Works, Engineering Division on 9/8/93, 9/9/93
and 9/10/93. $ 130.00
D3. Carl V. Granger, M.D.
Claim for payment of a prior fiscal year invoice for medical services rendered
to Police Officer Johnnie Key. $ 156.42
D4. Hospital Ambulance Billing Service
Claim for payment of a prior fiscal year invoice for medical services rendered
to Police Officer William Westbrook.
$ 210.51
D5. Millard Fillmore Hospital
Claim for payment of a prior fiscal year invoice for medical services rendered
to Firefighter Alex Funderburk. $ 194.00
D6. Safety Kleen Corporation
Claim for payment of prior fiscal year Invoice #452214 for services rendered
to the Department of Public Works, Division of Engineering.
$ 111.25
D7. Shepard's McGraw-Hill
This is a claim has been withdrawn by the Department of Law.
D8. Joseph G. Stephan, Ph.T.
Claim for payment of a prior fiscal year invoice for services rendered to
Police Officer Anthony Lebron. $ 2,902.13
D9. Western New York Medical Group
Claim for payment of a prior fiscal year invoice for services rendered to
Police Officer Philip Serafini. $ 440.81
D10. Michael G. O'Rourke
Claim for attorney's fees from a prior fiscal year from an attorney who
represented a police officer in a civil lawsuit regarding Darlene Brantley,
deceased by Dorothy Bean, her mother versus City of Buffalo. Darlene Brantley
was shot ky Police on Montana Street.
$ 28,650.52
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. 96
Miscellaneous Refund/Reimbursement
That, upon the recommendation of the Corporation Counsel and the
appropriate City Department, the following claims be paid:
E 1 Auto Allowance Payments, Local #2651
Claim to reimburse nineteen (19) employees of Local #2651 at a rate of ($9.00)
per day for auto allowance previously denied by the Department of Audit and
Control in Fiscal Year 1993/1994. The Division of Labor Relations and the
Department of Audit and Control have since agreed to authorize payments.
The following employees are entitled to receive reimbursement for auto
allowance.
a. Anthony Ando 4 days $ $36.00
b. Herbert Bogner 4 days $ 36.00
c. Fran Cunningham 8 days $ 72.00
d. Frank DiGennaro 16 days$ 144.00
e. Robert Golombek 20 days$ 180.00
f. Donald Grzebielucha 3 days $ 27.00
g. Robert Katilus 16 days$ 144.00
h. James Kleinsmith 16 days $ 144.00
i. Kevin Klenk 12 days$ 108.00
j. Arthur Kostrzewa 20 days$ 180.00
k. William Leisck 4 days $ 36.00
l. Patrick Lonergan 16 days $ 144.00
m. Ronald Magrum 3 days $ 27.00
n. Timothy McCarthy 1 day $ 9.00
o. Lawrence Michalski 4 days $ 36.00
p. Raymond Ostrowski 3 days $ 27.00
q. Charles Phillips 3 days $ 27.00
r. David Pierowicz 1 day $ 9.00
s. Joseph Schiavone 3 days $ 27.00
Total Claim $ 1,413.00
E2. Clothing Allowance
Claim for clothing allowance payments for seventeen (17) employees of the
Department of Public Works, Engineering. Pursuant to Local #264 contract
employees who are not provided with a uniform are eligible to receive a
($50.00) clothing allowance. A uniform was not provided in calendar year 1993.
The allowance was not paid in error.
The following employees are requesting reimbursement of ($50.00) each for
clothing allowance for calendar year 1993.
a. Michael Agostino j. David Gardner
b. John Armstrong k. Donald Geary Jr.
c. George Baskerville l. Richard Hall
d. Donald Boeing m. Mario Sirianni
e. Dennis McHugh n. Henry Szczepanski
f. Juan Negron o. Roosevelt Thomas
g. Robert Ras p. Michael Willard
h. Kevin Redanz q. Thomas McCarthy Jr.
i. Mark Gannon
Total Claim $ 850.00
E3. Edmund F. Coughlin
Claim for refund of pension check deductions for a retired employee of the City
of Buffalo. The retiree's wife died on January 10, 1993. His pension
deduction was not corrected until May 1994. The Division of Labor Relations
has verified this refund.
$ 906.96
E4. Richard J. Dycha
Claim for reimbursement of money which was missing from Police Headquarters.
Mr. Dycha was arrested and ( $107.00) was taken from him and placed in the
property envelope. When he was released and went to claim his belongings, the
money wasmissing. $ 107.00
E5. Gresford B. Gray
Claim for reimbursement of towing and storage charges paid to the City of
Buffalo for a 1987 Pontiac which was stolen. The City recovered the vehicle
and notified the owner. He paid towing and storage but discovered it was not
driveable and decided to let the City have title to the vehicle and dispose
of it through auction. There is no nsurance Company involved in the settlement
of this claim.
$ 190.00
E6. Kimmins Industrial Service Corporation
Claim for a refund of Permit #0024004 to demolish Transfiguration Church at
ycamore and Mill Streets for the Diocese of Buffalo. Subsequent to the
issuance of this permit the Diocese decided not to demolish this property and
canceled its contract with Kimmins. There is no Insurance Company involved in
the settlement of this claim. $ 4,340.00
E7. Local #2651
Claim for reimbursement from a prior fiscal year for the training of two
building inspectors, Larry Michalsld and Tom Mills at the Fire Training
Academy. $ 320.00
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. 97
Miscellaneous Medical/Dental In Lieu
That, upon the recommendation of the Corporation Counsel and the
appropriate City Department, the following claims be paid:
F1 Gina Doyle
Claim for a prior fiscal year dental in lieu payment for the period between
April 1, 1993 and December 31, 1993 for an employee of the Division of
Substance Abuse. $ 135.00
F2. Eugene V. Drebot
Claim for payment of a prior fiscal year medical in lieu payment for the
years 1989 through 1992 for an employee of the Department of Public Works,
Division of Buildings. $ 1,920.00
F3. Earl 0. Free
Claim for payment of a prior fiscal year medical in lieu for a retired City
employee who did not receive his payment in June 1994.
$ 480.00
F4. Jeffrey Ford
Claim for payment of a prior fiscal year medical/dental in lieu for an employee
of the Division of Water. He is entitled to six months for dental from July 1,
1992 to December 31, 1992 and two months for medical for May and June of 1993.
$ 195.00
F5. Patrick C. McNamara
Claim for payment of a prior fiscal year medical in lieu for July 1, 1993
through June 30, 1994 for an employee of the Department of Public Works,
Division of Buildings. $ 720.00
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. 98
Report to the Claims Committee
That, upon the recommendation of the Common Council the following
claim be denied:
G1 Tarantino's Foods, Inc.
This is a claim for a refund of an unused building permit from 1992. Pursuant
to City Ordinance, permits are good for a period of six months. Tarantino
Foods applied for a building permit on October 19, 1992 for an addition of
approximately 10,000 square feet. To date they have not started the addition
and the permit was never used. It pertained to anticipated work at 1291
Clinton Street. The claim is for a refund of ($3,792,60).
The Department of Law was unable to make a determination on this claim and is
putting it on this agenda for discussion and recommendation by the Common
Council Claims Committee.
That the above item be, and the same hereby is, denied by the Common Council.
Mr. Pitts now moved to recommit to the Committee on Claims.
ADOPTED.
AYES- BELL, COLLINS, COPPOLA, FRANCZYK, HELFER, LOTEMPIO, PERLA, PITTS,
WILLIAMS, ZUCHLEWSKI- 10
NOES- ARTHUR, CZAJKA, LOCKWOOD- 3
No. 99
Report to the Claims Committee
That, upon the recommendation of the Common Council, the following
claim be paid:
G2 Ernest L. Wright, Sr.
Claim for damage to a 1991 Mercury Grand Marquis on Wyoming Street. A large
branch from a City owned tree at 530 Wyoming Street fell on his vehicle.
$ 1,158.30
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
CIVIL SERVICE
HON. ROSEMARIE LOTEMPIO
CHAIRMAN
No. 100
Salary Ordinance Amendment
090 - Department of Assessment
(Item No. 181, C.C.P., Jan. 24, 1995)
That the Salary Ordinance Amendment as contained in Item No. 181,
C.C.P., January 24, 1995, be and the same hereby is approved.
Mrs. LoTempio now moved to recommit to the Committee on Civil Service.
ADOPTED.
No. 101
Memorandum of Agreement
Supervisor of Maintenance I Upgrading
(Item No. 77, C.C.P., Feb. 7, 1995)
That the Grievance Settlement Agreement dated January 9, 1995
between the City of Buffalo and AFSCME Local 264 to upgrade the title of
Supervisor of Maintenance 1, be approved and ratified.
PASSED.
AYES- 13 NOES- 0
No. 102
Appointment
Clerk/Typist
That Communication No. 56 February 7, 1995 be received and filed
and the temporary appointment of Loretta M. Rose stated above at the
intermediate salary $21,732.00 effective an January 30, 1995 is hereby
approved.
PASSED.
AYES- 13 NOES- 0
No. 103
Appointment
Firefighter
That Communication No. 60 February 7, 1995 be received and filed
and the permanent appointment of Mario Wallace, Steven Benton, Kevin Hairston,
Ronaldo Patker stated above at the intermediate salary $31,957.00 effective on
December 23, 1994 is hereby approved.
PASSED.
AYES- 13 NOES- 0
No. 104
Appointment
Laborer I
That Communication No. 83 February 7, 1995 be received and filed
and the non-competitive appointment of Linda Andersen stated above at the
maximum salary $10.24/hr effective on January 30, 1995 is hereby approved.
PASSED.
AYES- 13 NOES- 0
No. 105
Notices of Appointments - Temp/Prov.
(Item # 91 CCP February 7, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED
FINANCE
HON. DAVID A. COLLINS
CHAIRMAN
No. 106
Request Update on Recycling Program
(Item No. 171, C.C.P., Jan. 24, 1995)
That this Common Council requests an update from the Commissioner
of Street Sanitation on the recycling program and an estimate as to when
apartment buildings and commercial establishments will be included in the
city-wide recycling program.
ADOPTED.
No. 107
Request Update on Composting Program
(Item No. 172, C.C.P., Jan. 24, 1995)
That the Commissioner of Street Sanitation provide this Common
Council with a report comparing the current composting program where city
residents are required to take yard waste to a central location in each council
district with the previous program where yard waste was picked up at the curb
by special trucks.
ADOPTED.
No. 108
Termination Notice - Pilot Field Agreement (CC)
(Item # 108 CCP January 24, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 109
Increased Appropriation - Department of Public Works
Division of Buildings
(Item No. 156, C.C.P., Feb. 7, 1995)
That pursuant to Section 41 of the Charter and the Certificate
of the Mayor and the Comptroller, and that the Comptroller be, and he hereby,
is authorized and directed to transfer the sum of $400,000 to meet the
increased appropriation in Division of Buildings 100-402-021-00-560.
PASSED.
AYES- 13 NOES- 0
No. 110
Result of Negotiations - 253 Clark
(Item No. 16, C.C.P., Jan. 24, 1995)
That the offer of Mr. Thomas Handley, of 241 Lombard Street, in
the sum of $250.00 (Two Hundred and Fifty Dollars) to purchase the property
described as 253 Clark, be and hereby is accepted; and
That the Corporation Counsel shall prepare the necessary documents for the
transfer of title and that the Mayor be authorized to execute the same, in
accordance with the terms of sale upon which the bid was submitted, provided,
however,
That the appraisal requested by the City of Buffalo shall be paid by the
purchaser; and
That the transfer tax, recording fees and cost of legal description shall be
paid by the purchaser.
PASSED.
AYES- 13 NOES- 0
No. 111
Result of Negotiations - 366 Fox
(Item No. 17, C.C.P., Jan. 24, 1995)
That the offer of Samuel White, Pastor of Walking In God's Ministry
Holiness Church, in the sum of $2,000.00 (Two Thousand Dollars) to purchase the
property described as 366 Fox, be and hereby is accepted; and
That the Corporation Counsel shall prepare the necessary documents for the
transfer of title and that the Mayor be authorized to execute the same, in
accordance with the terms of sale upon which the bid was submitted, provided,
however,
That the appraisal requested by the City of Buffalo shall be paid by the
purchaser; and
That the transfer tax, recording fees and cost of legal description shall be
paid by the purchaser.
PASSED.
AYES- 13 NOES- 0
No. 112
Result of Negotiations - 1510-1512 Genesee Street
(Item No. 18, C.C.P., Feb. 7, 1995)
That the above item be, and the same hereby is, returned to the
Common Council without recommendation.
Mr. Collins now moved:
That the offer of Mr. Morgan Randolph, 38 Terrance Villa, Fairport, New York,
14450, in the sum of $5,000.00 (Five Thousand Dollars) to purchase the property
described as 1510-1512 Genesee Street, be and hereby is accepted; and
That the Corporation Counsel shall prepare the necessary documents for the
transfer of title and that the Mayor be authorized to execute the same, in
accordance with the terms of sale upon which the bid was submitted, provided,
however,
That the appraisal requested by the City of Buffalo shall be paid by the
purchaser; and
That the transfer tax, recording fees and cost of legal description shall be
paid by the purchaser.
PASSED.
AYES- 13 NOES- 0
No. 113
Compromise Demolition Cost - 66 Tracy Street
(Item No. 61, C.C.P., Feb. 7, 1995)
That the Corporation Counsel be, and he hereby is, authorized
to settle the claim against Ed and Margaret Woods for demolition of 66 Tracy
Street in the amount of $2,430.00.
PASSED.
AYES- 13 NOES- 0
No. 114
Report of Bids Michigan Avenue Lift Bridge
Mechanical Inspection
(Item No. 31, C.C.P., Feb. 7, 1995)
That the Commissioner of Public Works be, and he hereby is, authorized
to award a contract for the Mechanical Inspection of the Michigan Avenue Lift
Bridge, to Industrial Repair & Machining Services, the lowest responsible
bidder, in the base bid amount of $139,182.00, plus approved unit prices for an
additional amount of $13,918.20 for a total encumbrance of $153,100.20. Funds
for this work are available in the Division of Engineering Bond Funds No.
200-401-546 and No. 200-401-024.
PASSED.
AYES- 13 NOES- 0
No. 115
Correction of Account - Corrosion Inhibitor Facilities (PW)
(Item # 36 CCP February 7, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 116
Plans/Specs - Louisiana Street Bridge
(Item No. 37, Feb. 7, 1995)
That the Commissioner of Public Works be, and he hereby is authorize
to engage the services of a consultant to prepare plans and specifications and
advertise for sealed proposals for maintenance painting on the Louisiana Street
Bridge over Conrail. Fund for this project are available in the Division of
Engineering Bond Account No. 200-401-003.
PASSED.
AYES- 13 NOES- 0
No. 117
Plans/Specs - Michigan Lift Bridge
(Item No. 38, Feb. 7, 1995)
That the Commissioner of Public Works be, and he hereby is authorized
to receive separate formal bids for the supplying of the deck only. Funds for
this project are available in the Division of Engineering Accounts No.
200-401-546 and No. 200-401-024.
PASSED.
AYES- 13 NOES- 0
No. 118
Hire Consultant - Various Projects
(Item No. 40, Feb. 7, 1995)
That the Commissioner of Public Works be, and he hereby is authorized
to enter into an agreement with a Consultant to perform the necessary survey,
design, and inspection work required for various Public Works construction
projects. Funds for this project are available in Bond Funds 200-401-021.
PASSED.
AYES- 13 NOES- 0
No. 119
Expansion of Precinct #3 (PW)
(Item # 47 CCP February 7, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 120
Maintenance of South Ogden-Dingens Bridge
(Item No. 174, C.C.P., Jan. 24, 1995)
That the New York State Department of Transportation report to
the Common Council on what steps will be taken to properly maintain this
bridge; and
That the New York State Department of Transportation report to the Common
Council on when the road on this bridge will be repaved; and
That the New York State Department of Transportation explain what maintenance
will be done on all other bridges that they maintain within the City of
Buffalo.
ADOPTED
No. 121
Maintenance of South Ogden Bridge (PW)
(Item # 43 CCP February 7, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED
No. 122
D. Murphy- Request Environmental Assessment 1489 Fillmore
(Item # 101 CCP December 27, 1994)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED
No. 123
Environmental Assessment - 1489 Fillmore (ICR)
(Item # 66 CCP January 24, 1995)
That the above mentioned Item be and the sane is hereby received
and filed.
ADOPTED
No. 124
Environmental Assessment - 1489 Fillmore (CC)
(Item # 63 CCP February 7, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED
No. 125
Charles J. Jones - Objection to Demolition Cost
574 Goodyear Avenue
(Item No. 94, C.C.P., Oct. 4, 1994)
That this Common Council hereby authorizes the settlement of the
Claim of Mr. and Mrs. Charles J. Jones, owner of the demolished property at 574
Goodyear Avenue in the amount of $8,000.00.
PASSED
AYES - 13 NOES - 0
No. 126
Monthly overtime report (Compt
(Item # 22 CCP January 24, 1995)
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED
No. 127
Recover costs from housing court fines (A&F)
(Item # 46 CCP January 10, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED
No. 128
Recover costs from housing court fines (Cty. Ct.)
(Item # 53 CCP January 10, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED
No. 129
Recover costs from housing court (ICR)
(Item # 65 CCP January 24, 1995)
That the above mentioned Item be and the sane is hereby received
and filed.
ADOPTED
No. 130
Request update on Vital Stats. Audit
(Item # 173 CCP December 27, 1994)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED
No. 131
Centralization of payments proposal (Compt.)
(Item # 21 CCP December 27, 1994)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED
No. 132
Centralization of payments (A&F)
(Item # 44 CCP January 10, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED
No. 133
Report of Audit - Engineer payroll
(Item # 108 CCP February 7, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED
No. 134
Liquor License Applications (C.Clerk)
(Item # 74 CCP January 24, 1995)
That the above mentioned Item be and the same is hereby
referred to the Mayor.
ADOPTED
No. 135
Liquor License Applications (C.Clerk
(Item # 85 CCP February 7, 1995)
That the above mentioned Item be and the same is hereby referred
to the Mayor.
ADOPTED
No. 136
Reply to liquor license application
(Item # 74 CCP February 7, 1995)
That the above mentioned Item be and the same is hereby referred
to the mayor.
ADOPTED
LEGISLATION
HON. ALFRED T. COPPOLA
CHAIRMAN
No. 137
9274 Group, Petition to Rezone 191 Leroy,
Portion of 2141 Fillmore Avenue
(Item No. 92, C.C.P., Jan. 24, 1995)
That the above item be, and the same hereby is, returned to the
Common Council without recommendation.
Mr. Coppola moved
That the Common Council of the City of Buffalo does hereby ordain as follows:
That that part of the Zoning Ordinances of the City of Buffalo, Section 511-126
of Article XXV of Chapter 511 as it relates to the use map thereof be amended
to show a "C2" Commercial District rather than a "R-2" Residential District for
the premises known as 191 Leroy, Portion of 2141 Fillmore Avenue, Buffalo, more
particularly described as follows:
191 Leroy, Beginning at a point in the southerly line of Leroy Avenue, 125 feet
easterly of the point of intersection of said southerly line of Leroy with
easterly line of Fillmore; running thence southerly parallel with Fillmore 222
feet, thence easterly 30 feet parallel with Leroy, thence northerly parallel
with Fillmore 222 feet to the southerly line of Leroy, thence westerly along
the southerly line of Leroy 30 feet to the place of beginning.
2141 Fillmore (Portion of) - Beginning at a point 252 feet in the southerly
direction on the easterly line of Fillmore from the intersection of said
easterly line of Fillmore and the southerly line of Leroy, and running easterly
parallel with Leroy 180 feet from easterly line of Fillmore, hence northerly
parallel with Fillmore 30 feet, hence easterly parallel with Leroy 36 feet,
hence southerly parallel with Fillmore 30 feet, hence westerly parallel with
Leroy 36 feet to the place of beginning.
This rezoning shall be effective providing the following condition is met:
That this rezoning shall not be effective unless and until a certified copy
thereof has been filed by the petitioner in the offices of the Erie County
Clerk's Office and proof of such filing is submitted to the City Clerk's
Office.
That this Common Council finds this action to be an Unlisted Action under the
S.E.Q.R. Act and adopts petitioner's findings such that no further
environmental review is required under said Act.
It is hereby certified, pursuant to Section 34 of the Charter that the
immediate passage of the foregoing ordinance is necessary.
Approved as to Form
Edward D. Peace
Corporation Counsel
by Michael Risman, Deputy Corporation Counsel
PASSED
AYES - BELL, COLLINS, COPPOLA, CZAJKA, FRANCZYK, HELFER, LOCKWOOD, LOTEMPIO,
PERLA, WILLIAMS, ZUCHLEWSKI - 11
NOES - ARTHUR, PITTS -2
No. 138
Rite Aid, Petition to use
142-152 Grant Street - Pole Sign
(Item No. 100, C.C.P., Feb. 7, 1995)
That after a public hearing before the Committee on Legislation
on February 14, 1995, the petition of Rite Aid, owner, for permission to use
142-152 Grant Street for a pole sign be, and hereby is approved.
PASSED
AYES - 13 NOES - 0
No. 139
General Mills, Petition to use
7 Michigan Avenue South for a Flour Mill
(Item No. 101, C.C.P., Feb. 7, 1995)
That after a public hearing before the Committee on Legislation
on February 14, 1995, the petition of General Mills, owner, for permission to
use 7 Michigan Avenue South for a flour mill be, and hereby is approved.
PASSED
AYES - 13 NOES - 0
No. 140
Wellington Pub, Petition to use
1541 Hertel Avenue for Outdoor Patio
(Item No. 102, C.C.P., Feb. 7, 1995)
That after a public hearing before the Committee on Legislation
on February 14, 1995, the petition of Wellington Pub, for permission to use
1541 Hertel Avenue for an outdoor patio be, and hereby is approved with
conditions from the Department of Public Works and Division of Planning.
PASSED
AYES - 13 NOES -0
No. 141
Bob & John's, Petition to use
1543 Hertel Avenue for an Outdoor Patio
(Item No. 103, C.C.P., Feb. 7, 1995)
That after a public hearing before the Committee on Legislation
on February 14, 1995, the petition of Bob & John's, for permission to use 1543
Hertel Avenue for an outdoor patio be, and hereby is approved with the
conditions as set forth by the Department of Public Works.
PASSED
AYES - 13 NOES - 0
No. 142
Proposed Landmark Designation
15 Eastwood Place (former St. Vincent de Paul Rectory) (Item No. 7, C.C.P.,
Dec. 27, 1994)
(Item No. 141, C.C.P., Jan. 24, 1995)
That the above item be, and the same hereby is, returned to the
Common Council without recommendation.
Mr. Collins moved:
That after a public hearing held by the Committee on Legislation on February
14, 1995, 15 Eastwood Place (former St. Vincent de Paul Rectory) be designated
as a local historic landmark, pursuant to Section 8 of Chapter 337 of the
Preservation Standards of the Buffalo Code; and
That this designation is made upon due consideration of the reports of the
Buffalo Preservation Board and its Landmark Designation Committee which reports
are hereby approved and adopted; and
That this designation is made in accordance with the criteria set forth in the
Preservation Code (Chapter 337 of the Buffalo Code) and for the reasons set
forth in the reports of the Buffalo Preservation Board and its Landmark
Designation Committee; and
That the Secretary of the Preservation Board be and hereby is directed to file
the property description with the City Clerk, the Director of the Planning
Board and with the Department of Public Works; and
That the Petitioner is directed to file a description or map of the property
with the Erie County Clerk's Office.
15 EASTWOOD PLACE
CRITERIA FOR DESIGNATION
1. The building has character, Interest or value as part of the development
and heritage of the City of Buffalo.
The structure at 15 Eastwood Place was built as part of the St. Vincent de Paul
Church complex. As such, it constitutes an intrinsic part of a congregation
that spanned 130 years of Buffalo's history. St. Vincent's Church was one of
the first churches to be established in North Buffalo, and was a vital parish
within the community as well as an important component of the Catholic Diocese.
2. It exemplifies the historic and economic heritage of the city.
As part of the St. Vincent de Paul Church complex, 15 Eastwood Place is an
integral part of the history of the Catholic Church in Buffalo. Also, the
German immigrant roots of the congregation are well acknowledged, giving the
church complex a fundamental role in the history of Buffalo's large
German-American population.
3. It Is Identified with persons who significantly contributed to the
development of the city.
15 Eastwood Place was built under the guidance of Rev. Joseph Hummel, a
prominent Buffalo cleric. Rev. Hummel planned the rectory at 15 Eastwood Place
as the first phase of an upgrading of the St. Vincent's properties, culminating
in 1926 with the dedication of the present St. Vincent de Paul Church, at 2059
Main Street, a Buffalo Landmark.
15 Eastwood Place was designed by Max G. Beled. Beled, alone, and with his
firm, Lansing and Beled, designed several important Buffalo structures. These
include the Connecticut Street Armory, Holy Family Roman Catholic Church, and
St. Francis Xavier Roman Catholic Church.
4. It embodies distinguishing characteristics of an architectural style
valuable for the study of a period, type and method of construction.
15 Eastwood Place is a brick, hipped roofed example of the dignified Classical
Revival style which was popular In the United States between 1880 - 1955.
5. It embodies elements of design, detailing, materials, or craftsmanship that
render the structure architecturally significant.
The structure represents a particularly stately handling of the Classical
Revival style, as would have been appropriate for the rectory of an important
member of Buffalo's Catholic Diocese. The large two-story brick building has a
slate tile roof, limestone decorative detailing, and a series of graceful first
floor windows surmounted by blind semi-circular arches.
6. It Is a unique location or contains singular physical characteristics that
make ft an established or familiar visual feature within the city.
The structure was built as part of the St. Vincent de Paul Church complex,
which has been a Buffalo landmark anchoring the corner of Main Street and
Eastwood Place for the last 130 years. As the church rectory, it played an
intrinsic role in the everyday life of the church, and It is a building with
which generations of Buffalonians are familiar.
Since the closing of St. Vincent's parish, in 1993, the building complex,
comprised of the rectory at 15 Eastwood Place, along with the 1926 St. Vincent
de Paul Church Itself, stands as an important physical reminder of one of North
Buffalo's earliest and most prominent institutions.
PASSED
AYES - ARTHUR, BELL, COLLINS CZAJKA, FRANCZYK, LOTEMPIO, PITTS, WILLIAMS,
ZUCHLEWSKI - 9.
NOES - COPPOLA, HELFER, LOCKWOOD, PERLA - 4
No. 143
Restaurant/Dancing Class III License
2192 Niagara Street
(Item No. 48, C.C.P., Feb.7, 1995)
That pursuant to Chapter 150 of the Ordinances of the City of
Buffalo, the Director of Licenses and Permits is hereby authorized to issue a
Restaurant/Dancing Class III License to Joseph Scalisi, proprietor of Gulley's
Dance'n & Eat'n, 2192 Niagara Street, be, and the same hereby is approved on
the condition that music cannot be heard outside.
PASSED
AYES - 13 NOES - 0
No. 144
Solicitation of Funds
Excalibur Leisure Skills Center, Inc.
(Item No. 49, C.C.P., Feb. 7, 1995)
That the Commissioner of Public Works be and hereby is authorized
to grant an exemption to solicit funds under Chapter 316, Article VI of the
City of Buffalo Ordinances to Excalibur Leisure Skills Center, Inc. in the
Buffalo Convention Center for the 1995 Great Lakes Fishing and Outdoor Expo,
February 16-19, 1995 and for the Buffalo Boat Show from March 23-26, 1995.
PASSED
AYES - 13 NOES - 0
No. 145
Encroach Signs - 3152 Main Street
(Item No. 54, C.C.P., Feb. 7, 1995)
That the Commissioner of Public Works be and he hereby is, authorized
to issue a "mere license" to Mr. Pete D'Orsaneo of Flexlume Signs, acting as
agent for Marine Midland Bank, located at 3152 Main Street, to install three
(3) signs which would encroach city right-of-way at said address which would
measure 5.5' x 6', attached perpendicular to the building, 4' x 32', attached
flush to building, and 4' x 4' also attached flush to the building, subject to
the following conditions:
l. That the applicant obtain any and all other City of Buffalo permits
necessary for said installation.
2. That the signs be installed exactly as shown on plans submitted to and
approved by the Department of Public Works, Division of Buildings.
3. That the applicant supply the City of Buffalo with a five thousand dollar
($5,000) construction in street bond or certificate of insurance which will
indemnify and save harmless the City of Buffalo against any and all loss and
damage arising out of the construction, maintenance, use and removal of said
signs.
PASSED
AYES - 13 NOES - 0
No. 146
Encroach Signs - 746 Tonawanda Street
(Item No. 55, C.C.P., Feb. 7, 1995)
That the Commissioner of Public Works be and he hereby is, authorized
to issue a "mere license" to Mr. Pete D'Orsaneo of Flexlume Signs, acting as
agent for Marine Midland Bank, located at 746 Tonawanda Street, to install two
(2) signs which would encroach city right-of-way at said address which would
measure 5.5' x 6', attached perpendicular to the building, and 3' x 10'
attached flush to the building, subject to the following conditions:
1. That the applicant obtain any and all other City of Buffalo permits
necessary for said installation.
2. That the signs be installed exactly as shown on plans submitted to and
approved by the Department of Public Works, Division of Buildings.
3. That the applicant supply the City of Buffalo with a five thousand dollar
($5,000) construction in street bond or certificate of insurance which will
indemnify and save harmless the City of Buffalo against any and all loss and
damage arising out of the construction, maintenance, use and removal of said
signs.
PASSED
AYES - 13 NOES - 0
No. 147
Ordinance Amendment - Chapter 103
Licensed Home Improvement Salesman
(Item No. 155, C.C.P., Feb. 7, 1995)
That the Ordinance Amendment as contained in item No. 155, C.C.P.,
February 7, 1995, be and the same hereby is approved.
PASSED
AYES - 13 NOES - 0
No. 148
Change parking - Beard Avenue (PW)
(Item # 43 CCP October 4, 1994)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED
No. 149
M. Rosa-Protest Parking Ticket/Signage (A&F)
(Item No. 76, CCP 2/7/95)
That the above item be returned to the Common Council without
recommendation.
Mr. Coppola now moved to recommit to the Committee on Legislation.
ADOPTED.
No. 150
Protest parking ticket/signage (A&F)
(Item # 76 CCP February 7, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 151
Hire Consultant - Convert Chippewa Street to Two-Way
(Item No. 41, C.C.P., Feb. 7, 1995)
That the Commissioner of Public Works be, and he hereby is authorized
to engage the services of a Consultant Engineer to prepare plans,
specifications and receive bids for Chippewa Street - Conversion to Two-Way
Traffic. Funds for the Consultant Engineer will be available in CDBG Account
Number 93-53202.
PASSED.
AYES- COLLINS, COPPOLA, CZAJKA, FRANCZYK, HELFER, LOCKWOOD, LOTEMPIO PERLA,
PITTS, WILLIAMS, ZUCHLEWSKI- 11
NOES- ARTHUR, BELL- 2
No. 152
Safety of City Property
(Item # 213 CCP October 4, 1994)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 153
Safety of City property (ICR)
(Item # 136 CCP November 29, 1994)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 154
Reply - Safety in City buildings (Compt.)
(Item # 25 CCP December 27, 1994)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 155
Public Management Group - Fire Dept. study report
(Item # 14 CCP May 20, 1994)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 156
E.C. Water Authority - discussions on merger
(Item # 99 CCP December 27, 1994)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
ECONOMIC DEVELOPMENT
HON. CARL A. PERLA JR.
CHAIRMAN
No. 157
LDA - Thruway Industrial Park - Parcel III
D&M Refrigeration
(Item No. 70, C.C.P. 2/7/95)
That the above item be and the same is returned to the Common
Council without recommendation.
A public hearing has been set, before the Common Council at this regularly
scheduled meeting on the above item, and a Notice of same has been published in
the Buffalo News, a copy of which is attached hereto.
On a motion by Mr. Pitts, seconded by Mr. Coppola, the item is properly before
the Common council, and the hearing be opened.
CARRIED.
Appearances- Maria Scinta, BURA
Mr. Pitts now moved that the hearing be closed. Seconded by Mrs. LoTempio.
Carried.
Mr. Pitts now moved That:
Whereas, the Buffalo Urban Renewal Agency has duly designated D & M
Refrigeration, Inc. and/or other legal entity to be formed as qualified and
eligible Redeveloper in accordance with rules and procedures duly adopted by
the Agency; and
Whereas, the City Clerk has published a Notice of Public Hearing, as required
by Section 507, Subdivision 2(d) of the "General Municipal Law"; and
Whereas, the proposed Land Disposition Agreement has been duly submitted to
this Common Council by the Buffalo Urban Renewal Agency; and
Now, Therefore, Be It Resolved:
1. That D & M Refrigeration, Inc. and/or other legal entity to be formed was
duly designated as qualified and eligible Redeveloper by the Buffalo Urban
Renewal Agency, is hereby approved as the Redeveloper for a portion Disposition
Parcel 11 in the Thruway Industrial Park Phase II.
2. That the Mayor, the Chairman or Vice-Chairman of the Buffalo Urban Renewal
Agency is hereby authorized to execute any and all deeds or other documents
necessary to convey land described in the proposed "Land Disposition Agreement"
to D & M Refrigeration, Inc. and/or other legal entity to be formed in
accordance with the terms of said Agreement and for the consideration recited
therein.
PASSED.
AYES- 13 NOES- 0
No. 158
LDA - Hickory Woods Housing
Omega Homes
(Item No. 75, C.C.P. 2/7/95)
That the above item be and the same is returned to the Common
Council without recommendation.
A public hearing has been set, before the Common Council, at this regularly
scheduled meeting, on the above item, and a Notice of same has been published
in the Buffalo News, a copy of which is attached hereto.
On a motion by Mr. Pitts, seconded by Mr. Czajka, the item is properly before
the Common Council, and the hearing be opened.
CARRIED.
Appearances- Louis Malucci-Community Revitalization
Mr. Pitts now moved that the hearing be closed. Seconded by Mr. Bell.
CARRIED.
Mr. Pitts now moved that:
Whereas, the Buffalo Urban Renewal Agency (herein referred to as the "Agency")
has duly designated Omega Homes, Inc. and/or other legal entity to be formed as
qualified and eligible Redeveloper in accordance with rules and procedures duly
adopted by the Agency; and
Whereas, the City Clerk has published a Notice of Public Hearing, as required
by Section 507, Subdivision 2 (d) of the "General Municipal Law"; and
Now, Therefore, Be It Resolved:
(1) That Omega Homes, Inc. and/or other legal entity to be formed was duly
designated as qualified and eligible Redeveloper by the Buffalo Urban Renewal
Agency, is hereby approved as the Redeveloper for the Walden Heights New
Housing Project in the Community Wide Urban Renewal Demonstration Program Area.
(2) That the Chairman or Vice Chairman of the Buffalo Urban Renewal Agency and
the Mayor of the City of Buffalo is hereby authorized to execute any and all
deeds or other legal documents necessary to convey the land, described in the
proposed 'Land Disposition Agreement" to the Redeveloper and/or other legal
entity to .be formed in accordance with the terms of said Agreement and for the
consideration recited therein.
PASSED.
AYES- 13 NOES- 0
No. 159
NYS Economic Development Zone
Revision to Boundary Description
(Item No. 168, C.C.P., Feb. 7, 1995)
That this Common Council hereby approves the revision of the boundaries
of the Economic Development Zone as listed below:
1. That the City of Buffalo include the following additional State Economic
Development Zone boundary revisions to its request to the New York State
Department of Economic Development along with previous revisions approved by
the Council:
a. Add an industrial area of approximately fifty-seven (57) acres to sub-zone
1 that includes the Urban Street/Genesee Street industrial area and the
industrial corridor connecting this area to the existing zone boundary:
starting at the existing zone boundary at Broadway and Lathrop Street; then
north along Lathrop Street to Walden Avenue; then east along Walden Avenue to
Roetzer Avenue; then north along Roetzer Avenue to Genesee Street; then west
along Genesee Street to Louisen Street; then north along Louisen Street to
Northampton Street; then west along Northampton Street to Kehr Street; then
north along Kehr Street to French Street; then east along French Street
approximately 9001 to a CONRAIL (nee NY -Central) rail right-of-way; then south
along the CONRAIL rail R.O.W. to Urban Street; then east along Urban Street to
Barthel Street; then south along Barthel Street to Genesee Street; then west
along Genesee Street approximately 5501 to the CONRAIL rail R.O.W.; then south
along the CONRAIL R.O.W. to Broadway and the existing zone boundary.
b. Delete a residential area of approximately 57 acres in Sub-zone 1 bounded by
Paderewski Drive, Fillmore Avenue, William Street, Smith Street,, Peckham
Street and Stanton Street.
2. That, if the boundary revision is approved by the NYS Department of
Economic Development, that Subpart 2 of Section 281, Article 14 of the Charter
of the City of Buffalo be hereby amended as follows:
SUB-ZONE 1: Portions of Census Tracts (C.T.) 5.00, 12.00, 13.02, 14.02, 15, 16,
18, 25.02, 31-68, 71-01. More fully described as follows: Beginning at the
southeast corner of Main and Goodrich Street; thence easterly along Goodrich
Street to Ellicott Street; thence southerly along Ellicott Street to Burton
Street; thence easterly on an imaginary line extending from Burton Street to
North Oak Street; thence southerly along N. Oak Street to Goodell Street;
thence easterly along Goodell Street to Mulberry Street; thence southerly along
an imaginary line extending from Mulberry Street (connecting Mulberry Street
and Hickory Street) to Cherry Street; thence northeasterly along Cherry Street
to Jefferson Avenue; thence northerly along Jefferson Avenue to the Kensington
Expressway (NYS Rte. 33); thence northeasterly along the Kensington Expressway
(NYS Rte. 33) to Carlton Street; thence easterly along Carlton Street to Grey
Street; thence southerly along Grey Street to Genesee Street; thence
southwesterly along Genesee Street to Jefferson Avenue; thence southerly along
Jefferson Avenue to Broadway; thence easterly along Broadway to (a CONRAIL (NY
Central) rail line (approximately 50, east of Memorial Drive);] Lathrop
Street,- thence northerly along Lathrop Street to Walden Avenue; thence
easterly along Walden Avenue to Roetzer Avenue; thence northerly along
Roetzer Avenue to Genesee Street; thence westerly along Genesee Street to
Louisen Street, thence northerly along Louisen Street to Northampton Street;
thence westerly along Northampton Street to Kehr Street; thence northerly along
Kehr Street to French Street; thence easterly along French Street approximately
900, to a CONRAIL (nee NY Central) rail right-of-way; then southerly along the
CONRAIL rail right-of-way along Urban Street to Barthel Street; thence
southerly along Barthel Street to Genesee Street: thence westerly along Genesee
Street approximately 550, to a CONRAIL rail right-of-way; thence southerly
along the CONRAIL (NY Central) rail line to a southwesterly branch; thence
southerly and southwesterly along the CONRAIL (NY Central) rail line, also
being the southern boundaries of 495 Paderewski Drive (SBL #112.09-1-1.1) and
59 Memorial Drive (SEL #112.13-1-1.2), to William Street; thence westerly along
William Street to Fillmore Avenue; thence northerly along Fillmore Avenue to
Paderewski Drive; thence westerly along Paderewski Drive to Krettner Street;
thence southerly along Krettner Street to Peckham Street; thence easterly along
Krettner Street to Smith Street; thence southerly along Smith Street to William
Street; thence westerly along William Street to Jefferson Avenue; thence
southerly along Jefferson Avenue to Myrtle Avenue; thence westerly along Myrtle
Avenue to Hamburg Street; thence southerly along Hamburg Street to Seneca
Street; thence easterly along Seneca Street to Smith Street; thence northerly
along Smith Street to Fillmore Avenue; thence northerly along Fillmore Avenue
to Hardwood Place; thence easterly along Hardwood Place to Dillon Street;
thence northerly along Dillon Street to Fillmore Avenue; thence northerly along
Fillmore Avenue approximately 100, to a CONRAIL (Penn Central) rail line;
thence easterly along the CONRAIL (Penn Central) rail line approximately 950,
to an intersection with a CONRAIL (Erie Lackawanna) rail line; thence
southwesterly along the CONRAIL (Erie Lackawanna) rail line to the intersection
of Smith Street and an imaginary line extended from Exchange Street; thence
westerly along said imaginary line of Exchange Street to VanRensselaer Street;
thence southerly along VanRensselaer Street to Perry Street; thence easterly
along Perry Street approximately 7001 to a CONRAIL (Erie-Lackawanna) rail line;
thence southwesterly along said CONRAIL (Erie Lackawanna) rail line to Fulton
Street; thence westerly along Fulton Street to VanRensselaer Street; thence
southerly along VanRensselaer Street to South Park Avenue; thence westerly
along South Park Avenue to Fitzgerald Street, extended; thence southerly along
Fitzgerald Street to Mackinaw Street; thence westerly along Mackinaw Street to
Katharine Street; thence northerly along Katharine Street to South Park Avenue;
thence westerly along South Park Avenue to Red Jacket Street; thence northerly
along Red Jacket Street to Fulton Street; thence easterly along Fulton Street
approximately 400, to a CONRAIL (NY Central) rail line; thence northwesterly
along said CONRAIL (NY Central) rail line to the NYS thruway, Niagara Section
(I190); thence westerly along the NYS Thruway (I-190) to Hamburg Street; thence
northerly along Hamburg Street approximately 600, to a CONRAIL (NY Central)
rail line; thence westerly along said CONRAIL (NY Central) rail line to
Michigan Avenue; thence northerly along Michigan Avenue to E. Tupper Street;
thence westerly along E. Tupper Street to Elm Street; thence southerly along
Elm Street to Genesee Street; thence westerly along Genesee Street to Oak
Street; thence northerly along Oak Street to E. Tupper Street; thence westerly
along E. Tupper Street to Main Street; thence northerly along Main Street to
Edward Street; thence westerly along Edward Street to Virginia Street; thence
southwesterly along Virginia Street to Keep Place; thence northwesterly along
Keep Place to West Tupper Street; thence northwesterly along West Tupper Street
to Malta Place; thence northwesterly along Malta Place to West Avenue; thence
southeasterly along West Avenue to Maryland Street; thence southwesterly along
Maryland to Busti Avenue; thence northwesterly along Busti Avenue to Hudson
Street; thence northeasterly along Hudson Street to Cottage Street; thence
southeasterly along Cottage Street to Virginia Street; thence easterly along
Virginia Street to Main Street; thence northerly along Main Street to Goodrich
Street and the point of beginning. Excluding the area bounded by Hollister
Street, Mortimer Street, West Peckham Street and Spring Street, also known as
Willert Park, [and the area bound by Peckham Street, Stanton Street, Paderewski
Drive and Krettner Street.]
SUB-ZONE 2: Portions of Census Tracts (C.T.) 36-00, 39-01, 39.02 and 42. More
fully described as follows: Beginning at a point on E. Amherst Street and the
westerly boundary of an abandoned CONRAIL (Erie-Lackawanna) rail R.O.W.,
approximately 300, east of the intersection of East Amherst Street and
Manhattan Avenue; thence easterly along E. Amherst Street to Clarence Avenue;
thence southerly along Clarence Avenue to Kensington Avenue; thence
southwesterly along Kensington Avenue approximately 300, to the easterly
boundary of an abandoned CONRAIL (Erie-Lackawanna) rail R.O.W.; thence
southwesterly along the eastern boundary of said CONRAIL (Erie-Lackawanna) rail
R.O.W. to E. Delavan Avenue; thence westerly along E. Delavan Avenue
approximately [300'] 160' to the easterly boundary of Tax Map parcel No.
90.80-4-2 (aka 1055 Delavan Avenue); thence southeasterly along the easterly
boundary of said parcel No. 90.80-4-2 to its southeastern corner; and thence
and continuing in a southeasterly direction along the easterly boundary of Tax
Map parcel No. 90.80-4-3 (aka 1057 Delavan Avenue) to its southeastern corner;
thence westerly along the southern boundary of parcel No. 90.80-4-3 to its
southwestern corner and its intersection with [to] an abandoned CONRAIL
(Erie-Lackawanna) rail line; thence southerly along said abandoned CONRAIL rail
line to an imaginary line extended east and west along Scajaquada Street;
thence westerly along Scajaquada Street to Cornwall Avenue; thence northerly
along Cornwall Avenue to East Delavan Avenue; thence easterly along E. Delavan
Avenue to Norfolk Avenue; thence northerly along Norfolk Avenue to the westerly
boundary of an abandoned CONRAIL (Erie Lackawanna) rail R.O.W.; thence
northwesterly along the western boundary of said abandoned CONRAIL (Erie
Lackawanna) rail R.O.W. to E. Amherst Street and the point of beginning.
SUB-ZONE 3: Portion of Census Tract 3, Blocks 901 and 902. More fully
described as follows: Beginning at a point at the intersection of the southerly
shore of the Buffalo River and A CONRAIL (Erie-Lackawanna) rail line east of
Bertha Street; thence southwesterly along the CONRAIL (Erie-Lackawanna) rail
line and following a westerly branch of said rail line (abandoned) to the
southerly shore of the Buffalo River approximately 800' south of South Park
Avenue; thence along the southerly shore of the Buffalo River to the CONRAIL
(Erie-Lackawanna) rail line and the point of beginning.
3. That the Mayor of the City of Buffalo, the Commissioner of Community
Development or any other appropriate officials of the City of Buffalo are
hereby authorized to execute any and all documents deemed necessary to effect
this resolution.
PASSED.
AYES- 13 NOES- 0
No. 160
Revise boundaries E.D. Zone (CD)
(Item # 68 CCP February 7, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 161
Request Authorization to Apply
for H.U.D. Special Purpose Grant
(Item No. 178, C.C.P., Feb. 7, 1995)
That the Mayor of the City of Buffalo be, and hereby is, authorized
to submit a Special Purpose Grant Application to the U.S. Department of Housing
and Urban Development; and
That the Mayor of the City of Buffalo be, and hereby is, authorized to enter
into and execute the project agreement upon such terms and conditions
prescribed by H.U.D.; and
That the Mayor of the City of Buffalo be, and hereby is, authorized to execute
whatever other documents or take measures which are necessary to effectuate
such financial assistance.
PASSED.
AYES- 13 NOES- 0
No. 162
R. Kern - Impropriety of HUD Loan - 400 Elmwood
(Item # 93 CCP February 7, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
Mr. Perla now moved to recommit to the Committee on Economic Development.
ADOPTED.
URBAN RENEWAL AGENCY COMMITTEE
HON. CLIFFORD BELL
CHAIRMAN
No. 163
Expenditures for Crossroad Arena (CD)
(Item # 43 CCP June 14, 1994)
That the above mentioned Item, be and the same is hereby received
and filed.
ADOPTED
No. 164
Expenditures - Crossroads Arena (CD)
(Item # 61 CCP October 4, 1994)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 165
Terminate Outstanding LDA's
(Item # 193 CCP September 20, 1994)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 166
Terminate Outstanding LDA's (CC)
(Item # 55 CCP October 4, 1994)
That the above mentioned Item be and the same is hereby referred
to the Economic Development Committee.
ADOPTED.
RESOLUTIONS
No. 167
By: Mr. Bell
Utilize Unexpended Block Grant Funds
To Help Close Budget Gap
Whereas: The City of Buffalo is looking at all potential sources
of money that could be used to help close the budget gap; and
Whereas: A review of block grant accounts shows that unexpended and
unencumbered balances total about $4 million from Year 19, $1.2 million from
Year 18, and $640,000 from Year 17; and
Whereas: If these funds have not yet been expended or encumbered, it is
likely that the projects they were allocated for are either completed or are no
longer viable; and
Whereas: This approximately $6 million, along with other available block
grants funds, could be used for other block grant-eligible activities that are
presently funded through the regular city budget, such as sidewalk paving and
street light replacement; and
Whereas: By arranging for block grant money to be used for items usually
funded by the city budget, the city will have a great deal more flexibility in
dealing with its budget gap;
Now, Therefore, Be It Resolved:
That the unexpended Community Development Block Grant balances from Years 17,
18 and 19, along with any other available block grant funds, be reallocated for
funding necessary city projects which are normally funded through the city
budget.
REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT, AND THE COMMISSIONER OF
COMMUNITY DEVELOPMENT.
No. 168
By: Mr. Bell
Specialized Technical Bond Assistance and
Mobilization Outreach and Service Program-
Whereas: The city of Buffalo has recognized that there is a need
to assist private businesses, and especially sub-contractors, in acquiring bid
and performance bonds; and
Whereas: The objective of such a program would be to provide professional
bond counseling and technical assistance to contractors seeking bonds on
construction contracts for the public and private sectors; and
Whereas: Most small businesses lack sufficient working capital, do not have
a clear understanding of the bonding process, and have difficulty completing
the bond application; and
Whereas: In its Year 20 Community Development Block Grant program, the city
of Buffalo included more than $2 million for Neighborhood Small Business
Assistance, such as the City Commerce Office, Marketing and New Business
Outreach, and Neighborhood Commercial Lending; and
Whereas: A bond assistance program would be a valuable addition to these
small business programs offered by the city;
Whereas: Now, Therefore, Be It Resolved:
That this Common Council requests the Commissioner of Community Development to
establish a program designed to assist small businesses to obtain performance
bonds.
REFERRED TO THE URBAN RENEWAL AGENCY COMMITTEE AND THE COMMISSIONER OF
COMMUNITY DEVELOPMENT.
No. 169
By: Mr. Collins
Ordinance Amendment-Chapter 263, Section 8
Other Combustible Materials
The Common Council of the City of Buffalo does hereby ordain as
follows:
That Section 263-8 of Chapter 263 of the Code of the City of Buffalo be amended
to read as follows:
263-8 Other combustible materials.
A. In general; license required. No person shall store in any building or
structure or upon any premises an excess of two thousand five hundred (2,500)
cubic feet gross volume of combustible empty packing cases, boxes, barrels or
similar containers or baled cotton, rubber or cork, expanded or foamed
combustible materials such as foamed latex or polystyrene, polyurethane and
similar-type products, materials or compounds without a license issued by the
Director of Licenses and permits, subject to the approval of the Bureau of Fire
Prevention. Said license shall expire on December 31 after issuance and be
renewable annually thereafter. The fee therefore shall be as provided in
Chapter 175, Fees. [There shall be an exception made to the extent of obtaining
a license under this section for junk yards, tire-retreading plants and other
licensed operations under this Code that require Fire Department approval and
inspection and such facilities shall be required to comply with the provisions
of this section, including Subsections B and C of this section.]
B. Definition of Waste Tire: A tire that does not meet the requirements of
the New York State Department of Motor Vehicles Inspection Regulation Part 79
Section 79.21 c,
Definition of Used Tire: A tire that meets the requirements of New York State
Department of Motor Vehicles Inspection Regulation Part 79.21 c.
Tire handler's general requirements. Any person who shall store in any
building or structure or upon any premises [or transport, deliver, carry or
remove] used or waste tires in an amount between ten (10) and one thousand
(1,000) shall be subject to the provision of this section. The applicable
regulation for used and waste tires in an amount in excess of one thousand
(1,000) shall be as set forth within the New York State Environmental
Conservation Law under 6 NYCRR Part 360. Persons falling within this section
shall be subject to the following requirements:
1) He shall obtain a tire handler's license issued by the Director of
Licenses, subject to the approval of the Bureau of Fire Prevention and the
Department of Inspections and Community Revitalization.
2) He shall file an application for said license containing a storage plan
to address the handling of tires at a storage facility pursuant to this
section.
3) Waste tires stored in any building or structure or upon any premises
shall be disposed of within two (2) weeks after receipt of said tires at a
disposal facility which has been approved by the New York State Department of
Environmental Conservation. Disposal receipts shall be maintained on site and
be available upon request by any Code enforcement officials.
4) Operators of storage facilities [which have been in existence on the
effective date of this section] shall have on filewith the Director of
Licenses an insurance policy providing general liability coverage of at least
[five hundred]
fifty
thousand dollars [$500,0001 ($50,000) both for personal injury and property
damage, respectively.
5) The license shall expire on December 31 after issuance and be renewable
annually thereafter.
6) The fee therefor shall be as provided in Chapter 175 Fees.
7) Used Tire Sales general requirements. Tires must be kept on racks for
display and sale.
C. [Tire handler's license:] Inside Storage Facilities;
No person shall store in any building or structure an amount between ten (10)
and one thousand (1,000) used or waste rubber tires without a tire handler's
license issued by the Director of Licenses, subject to the approval of the
Bureau of Fire Prevention. Facilities within this subsection shall be subject
to the following requirements:
(1) They shall comply with general requirements as set forth in Subsection B
herein.
(2) Waste tires [piles] shall be stored on the flat side vertically andnot
exceed ten (10) feet in height, ten (10) feet in width and fifteen (15) feet in
length.
(3) Waste tire [piles] stacks shall have a minimum separation distance of
[twenty (20)] ten (10) feet between [piles] stacks.
(4) The [twenty] ten foot separation area must be maintained free of
obstructions at all times so that emergency equipment will have adequate
access.
[(5)] [Storage facilities in operation after the effective date of this section
shall be required to have a sprinkler system approved by the Bureau of Fire
Prevention.]
D. [Tire handler's license:] Outside Storage Facilities: No person shall
store in any exterior area an amount between ten (10) and one thousand (1,000)
used or waste rubber tires without a tire handler's license issued by the
Director of Licenses, subject to the approval of the Bureau of Fire Prevention
[and Housing and Property Inspections]. Facilities within this subsection
shall be subject to the following requirements:
(1) They shall comply with general requirements as set forth in Subsection B
herein.
2) Waste tires [piles] shall be stored on the flat side vertically and not
exceed [fifteen (15)] ten (10) feet in height, ten (10) feet in width and 15
feet in length.
(3) Waste tire piles shall have a minimum separation distance of [fifty (50)]
twenty (20) feet between piles and from the lot line, or any existing
structure.
(4) The [fifty] twenty-foot separation area must be maintained at all
times so
that emergency vehicles will have adequate access.
E. Penalties for offenses.
(1) Any owner, lessee or operator who shall violate any of the
provisions of this section shall be subject to the general penalties as
enumerated within Chapter 1, 1-15, and increased fees pursuant to Chapter 263,
263-23, of this Code.
(2) Any person who shall violate Chapter 216, 216-9, for illegal
dumping of used or waste rubber tires shall be subject to penalties enumerated
within Chapter 216, 216-11.
Approved As To Form
Edward Peace
Corporation Counsel
NOTE: Matter in brackets [ ] to be
deleted; matter underlined is new.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 170
By: Mr. Collins
Bond Resolution
$375,000 Bonds
Purchase of Police Radio Dispatch Equipment
Account 200-200-001
Bond Resolution of the City of Buffalo, New York authorizing the
Issuance of $375.000 General Improvement Bonds of said City to finance the
purchase and installation of equipment to upgrade the police radio dispatch
system, at the estimated total cost of $375,000.
The Common Council of the City of Buffalo, in the County of Erie, New York,
hereby resolves (by the favorable vote of not less than two-thirds of all the
members of said Common Council) all follows:
Section 1. The Comptroller of the City of Buffalo, in the County of Eric, New
York (herein called "City"), in hereby authorized and directed to issue General
Improvement Bonds of said City in the principal amount of Three Hundred
Seventy-Five Thousand Dollars ($375,000), pursuant to the provisions of the
Charter of said City and the Local Finance Law, constituting Chapter 33-a of
the Consolidated Laws of the State of New York (the "Law"), to finance the
purchase and installation of equipment necessary for upgrading of the police
radio dispatch system. The estimated total cost of said specific object or
purpose for which the bonds authorized by this resolution are to be Issued,
Including preliminary costs and costs incidental thereto and the financing
thereof is $375,000 as set forth in the duly adopted Capital Improvements
Budget of said City for fiscal year 1994-95.
Section 2. The proceeds of the sale of the bonds authorized by this resolution,
or any bond anticipation notes Issued In anticipation of the sale of said
bonds, shall be deposited in the Capital Projects Fund to the credit of the
Department of Police, Purchase of Computer Aided Dispatch System, 1994-95, Bond
Authorization Account No. 200-200-001, and shall be used for the purpose
specified in Section 1 of this resolution.
Section 3. The City intends to finance, on an Interim basis, the costs or a
portion of the costs of said improvements for which bonds are herein
authorized, which costs are reasonably expected to be reimbursed with the
proceeds of debt to be incurred by the City, pursuant to two Bond Resolution,
in the amount of $375,000. This resolution is a declaration of official intent
adopted pursuant to the requirements of Treasury Regulation Section 1. 150-2 1.
Section 4. The following additional matters are hereby determined and stated:
(a) The period of probable usefulness applicable to the specific object or
purpose for which the bonds authorized by this resolution are to be issued
within the limitations of Section 11.00 a.35. of the Law is five (5) years.
(b) Current funds are not required by the Law to be provided as a down
payment prior to the Issuance of the bonds authorized by this resolution or any
bond anticipation notes Issued In anticipation thereof In accordance with
Section 107.00 d. 9. of the Law.
Section 5. Each of the bonds authorized by this resolution and any bond
anticipation notes issued In anticipation of the sale of said bonds and the
renewals of said notes shall contain the recital of validity as prescribed by
Section 52.00 of the Local Finance Law. Said bonds and said, notes shall be
general obligations of the City of Buffalo payable as to both principal and
interest by a general tax upon all the taxable real property within said City
without limitation as to rate or amount. The faith and credit of said City are
hereby irrevocably pledged to the punctual payment of the principal of and
interest on said bonds and said notes. Provision shall be made annually by
appropriation by said City for the payment of interest on and for the amounts
required for the amortization and redemption of said bonds and said notes.
Section 6. The validity of the bonds authorized by this resolution or any bond
anticipation notes Issued in anticipation of the sale of said bonds, may be
contested only if:
(a) such obligations are authorized for an object or purpose for which the
City of Buffalo is not authorized to expend money, or
(b) the provisions of law which should be complied with at the date of the
publication of such resolution are not substantially complied with,
and an action. suit or proceeding contesting such validity, is commenced within
twenty days after the date of such publication, or
(c) such obligations are authorized in violation of the provisions of the
constitution.
Introduced: February 21, 1995
LAID ON THE TABLE.
No. 171
By: Mr. Collins
Alter Parking Restriction on Woodlawn Avenue
Whereas: At the present time, on certain days of the week, no
parking is allowed during the day on either side of Woodlawn Avenue between
Masten and Michigan; and
Whereas: These parking regulations are overly restrictive and present a
hardship to the residents in this community; and
Whereas: While it is understandable that parking adjacent to Buffalo
Traditional School be restricted to allow for bus traffic and student safety,
and that provision be made to allow for trash and garbage pick-up, snow
removal, street cleaning, and emergency vehicle access, it is also reasonable
to allow parking for area residents; and
Whereas: A reasonable compromise would be to allow parking on the side of the
street opposite the school during school hours on each weekday;
Now, Therefore, Be It Resolved:
That this Common Council direct the Department of Public Works, Division of
Traffic Engineering, and the Corporation Counsel to prepare the appropriate
amendment to Chapter 479 of the Ordinances of the City of Buffalo which would
ease the parking restrictions on Woodlawn by allowing vehicles to park on the
side of the street opposite Buffalo Traditional School during school hours on
each weekday.
ADOPTED.
No. 172
By: Mr. Coppola
Propose Sale of City- Owned Parking Ramps
Whereas: The City Of Buffalo presently owns ten parking ramps with
a net equity of over $26 million dollars; and
Whereas: If the City of Buffalo considered privatizing the ramps, not only
would the City realize financial gain, it would also reap the benefits of
yearly tax revenues of between $2 and $3 million dollars; and
Whereas: The existing debt on the ramps would have to be retired over a
pre-determined period of time by using an escrow account; and
Whereas: The selling of assets to improve the fiscal outlook in the private
sector is common when a company is experiencing financial difficulties; and
Whereas: The Common Council should explore all other possibilities before
raising taxes or proposing layoffs; and
Now Therefore Be It Resolved that
the Director of the Board of Parking is hereby authorized to proceed with the
bidding process in anticipating the sale of the ten parking ramps owned by the
City of Buffalo.
REFERRED TO THE COMMITTEE ON FINANCE, THE BOARD OF PARKING AND THE COMMISSIONER
ADMINISTRATION AND FINANCE.
No. 173
By: Mr. Coppola
Consider Sale of Pilot Field
Whereas: Pilot Field was constructed as a joint city, state, and
ECIDA project; and
Whereas: Present day value of the facility is unknown, but it is not
unreasonable to speculate that the stadium has increased in value; and
Whereas: Given the state of the city's fiscal problems and the trend of
sports franchise operators to desire operational control of venue facilities,
exploration of a sale of this stadium, with preference given to the current
prime tenant, the Buffalo Bisons, is an option in need of exploration; and
Whereas: It is not the intention of the city to reap exorbitant profits in
the sale of this asset, rather it is the intent to retire any existing debt on
the structure, privatize its operation, and place the stadium on the taxroll;
Now, Therefore, Be It Resolved:
That this Common Council request that the Division of Real Estate perform an
appraisal of Pilot Field; and
Be It Further Resolved:
That the Buffalo Bisons and their parent company, Rich Products, be asked to
reply to this resolution, specifically addressing their interest, if any, on
purchasing Pilot Field from the city of Buffalo; and
Be It Finally Resolved:
That the City Clerk forward a certified copy of this resolution to Robert
Rich, Jr., President of the Buffalo Bisons.
REFERRED TO THE COMMITTEE ON FINANCE, THE COMPTROLLER, THE COMMISSIONER OF
ADMINISTRATION AND FINANCE, BUFFALO BISON BASEBALL INC, AND THE ERIE COUNTY
INDUSTRIAL DEVELOPMENT AGENCY.
No. 174
By: Mr. Coppola
Status Of Lease Delaware/Hertel Newsstand
Whereas: The Delaware-Hertel Newsstand also known as "Four Corners"
closed over a month ago; and
Whereas: The owners of the newsstand leased the property by the City Of
Buffalo; and
Whereas: The newsstand has been vacant since it's closing over a month ago.
Now Therefore Be It Resolved That
This Common Council refer this to the Committee of Legislation, the Department
of Public Works, and Corporation Council to determine the current status of the
lease and the availability of this newsstand.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE COMMISSIONER OF PUBLIC WORKS AND
THE CORPORATION COUNSEL.
No. 175
By: Mr. Czajka
Drug and Gun Free Zones Nearby Youth Facilities.
Whereas: There are Drug and Gun Free Zones that have been established
nearby Buffalo Public Schools, which are designed to attack drug and gun
related problems by enforcing the maximum Federal penalties for those youths
who break the law, as opposed to State or local penalties; and
Whereas: In areas nearby these schools there are signs posted warning that
the area is a Drug and Gun Free Zone area; and
Whereas: This program has been successful in deterring youths from using or
selling drugs and guns; and
Whereas: Currently the only areas that are eligible to be involved in this
program are nearby public schools; and
Whereas: Youth recreation facilities throughout the city are increasingly
plagued by threats of drug and gun related violence; and
Whereas: Children who attend these facilities for athletic and educational
programming after school deserve the same protection in the evening hours as
the day time hours.
Now, Therefore, Be It Resolved:
That the Board of Education report to the Common Council on how these stricter
Federal laws which are implemented in Drug and Gun Free Zones near schools
could be expanded to include areas nearby youth facilities; and
Be It Further Resolved:
That a copy of this resolution be sent to the WNY congressional delegation and
Senators Moynihan and D'Amato.
REFERRED TO THE SPECIAL COMMITTEE ON EDUCATION, THE BOARD OF EDUCATION AND THE
COMMISSIONER OF POLICE.
No. 176
By: Mr. Czajka
Carbon Monoxide Detector Ordinance
Whereas: This past Thursday, two people died at the Lakeview Housing
Project as a result of carbon monoxide poisoning; and
Whereas: The apparent cause of death was a defective boiler that emitted
high levels of carbon monoxide; and
Whereas: A public health issue of increasing concern, carbon monoxide
poisoning can occur when improperly operating furnaces release high levels of
this potentially lethal gas; and
Whereas: It is difficult to detect a carbon monoxide leak without a detector
of some type, and the initial symptoms of low levels of carbon monoxide
poisoning are frequently confused with the flu or other illnesses; and
Whereas: Some ten years ago this Common Council adopted a smoke detector
ordinance, a progressive piece of legislation which is today credited with
assisting the City of Buffalo to significantly reduce the number of deaths by
fire; and
Whereas: A similar ordinance regarding carbon monoxide poisoning, combined
with a concerted effort by the city and county to provide these devices at very
little or no cost to the residents, can help the community better deal with
this problem.
Now, Therefore, Be It Resolved:
That the Corporation Counsel be requested to draft a carbon monoxide ordinance
which would require that all public housing projects immediately have carbon
monoxide detectors installed, and provide for a phasing-in of compliance by
one- and two-family and multiple-dwellings; and
Be it Further Resolved:
That the Commissioner of Community Development report on the feasibility of
including funds for carbon monoxide detectors in the upcoming block grant
application, and the development of a program in conjunction with the Erie
County Health Department for the city-wide distribution of these devices at
little or no cost to city residents; and
Be It Finally Resolved:
That the Commissioner of Inspections and Community Revitalization report on the
feasibility of having inspectors check for carbon monoxide leakage as a
standard part of their regular inspections.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE COMMISSIONER OF INSPECTIONS &
COMMUNITY REVITALIZATION, THE BUFFALO MUNICIPAL HOUSING AUTHORITY AND THE
CORPORATION COUNSEL.
No. 177
By: Mr. Czajka
Crime Problem on Genesee Street-Surrounding
Schiller Park Neighborhood.
Whereas: There as been a dramatic increase in crime along Genesee
Street from Bailey Avenue to the Cheektowaga line between Delavan Avenue and
Doat Street; and
Whereas: The recent crime wave in the form of muggings, purse snatchings,
break-ins, auto thefts and various forms of vandalism has affected both the
residential and business communities, and
Whereas: This recent crime wave has many residents of the Schiller Park
neighborhood living in fear, which has created somewhat of a panic atmosphere;
and
Whereas: This atmosphere has led to increasing numbers of homes being put up
for sale and businesses vacating storefronts; and
Whereas: Police presence must be increased in the Schiller Park neighborhood
and a plan must be implemented on how best to halt this recent crime wave.
Now, Therefore, Be It Resolved:
That Police Commissioner Kerlikowske and Captains O'Shei and Lustan of Precinct
#1 I report to the Common Council with a plan to focus added police protection
on the Schiller Park area.
REFERRED TO THE SPECIAL COMMITTEE ON POLICE REORGANIZATION AND THE COMMISSIONER
OF POLICE.
No. 178
By: Mr. Franczyk
Maintain Federal Funds for Central Terminal
Whereas: U.S. Senator Daniel Patrick Moynihan earmarked $1.5 million
in federal appropriations for the rehabilitation of the Now York Central
Terminal Building, a structure on the National Register of Historic places;
and,
Whereas: The Central Terminal was built in 1929, but has sadly deteriorated in
recent years due to a series of irresponsible private owners; and,
Whereas: The Common Council approved $50,000 in Community Development block
Grant funds in Year 20 to study the buildings current structural viability;
and,
Whereas: Although the possible redevelopment of this massive structure is an
extremely daunting task, the city should not give up on efforts to re-use the
building which could be key to saving a beleaguered East Side community; and,
Whereas: Senator Moynihan, an ardent preservationist, toured the Central
Terminal building, and despite its current condition, saw fit to allocate
federal monies to the project; and,
Whereas: Without the consultation of the full Council or its Central Terminal
Task Force, the mayor's confidential aide unilaterally stated that the federal
monies earmarked for the Fillmore District will be plundered and poured into
the renovation of Sheas Theater;
Whereas: A Buffalo News story that appeared on February 16, 1995 reported that
"DeLisle said that the city is no longer interested in pursuing that (the
central Terminal) project.
Now Therefore Be It Resolved That this Common Council protest the proposed
plundering of already earmarked federal monies from the Fillmore District, one
of the poorest council districts in the City of Buffalo; and
Be It Further Resolved: That the city not "write off" an entire community in
Buffalo by denying federal project funds to a needy community; and
Be It Further Resolved: That this Common Council supports Senator Moynihan's
allocation of $1.5 million to the Central Terminal, and not allow its
unilateral expropriation away from the impoverished Fillmore District into
downtown Buffalo which has received billions upon billions of dollars yet
continues to deteriorate; and
Be It Further Resolved: That the City Clerk invite the Administration by mail
to explain to the Common Council remarks attributed to Mr. Alan DeLisle In the
Buffalo News stating the city is no longer interested In pursuing the
redevelopment of the Central Terminal; and
Be It Finally Resolved: That the City Clark send a certified copy of this
resolution to Senator Daniel P. Moynihan.
Mr. Franczyk moved that Resolves #1,2,3 and 5 be approved and Resolve #4 be
referred to the Committee on Legislation and the Mayor.
ADOPTED.
No. 179
By: Mrs. LoTempio
Oppose Border Crossing Fees in Federal Budget
Whereas: President Clinton's fiscal 1996 budget proposes a border
crossing fee of $1.50 per pedestrian and $3.00 per vehicle to enter the United
States from Canada and Mexico; and
Whereas: These fees would be in addition to the existing tolls already in
place, and would be used to improve facilities and add personnel at customs
posts, ostensibly to facilitate legal crossings and crack down on illegal
entries; and
Whereas: While improvements in service and security are always welcome, the
immediate impact of the new fees would be a severe curtailment of border
crossings in the Western New York and Southern Ontario region, a trend that
would be counterproductive to the open travel and commerce currently existent
in the area; and
Whereas: Opposition to the President's proposal has been voiced by concerned
individuals, organizations, and government officials on both the northern and
southern borders of our nation, and President Clinton recently stated that he
is open to a reexamination of the border crossing fee;
Now, Therefore, Be It Resolved:
That the Common Council of the City of Buffalo formally state its opposition to
the imposition of a new border crossing fee for pedestrians and vehicles
utilizing the various points of entry along the U.S. - Canadian border; and
Be It Further Resolved:
That the City Clerk certify passage of this resolution and forward copies to
President William Clinton, U.S. Senators Daniel Moynihan and Alphonse D'Amato,
and Congressmen Jack Quinn, John LaFalce, and William Paxon.
ADOPTED.
No. 180
By: Mrs. Lotempio
Salary Ordinance Amendment
40 - Department of Public Works
1 - Division of Engineering
013 - Operation of Bridges
The Common Council of the City of Buffalo do ordain as follows:
That part of Section I of Chapter 35 Of the Ordinances of the City of Buffalo,
relating to 40-1-013 - Department of Public Works - Division of Engineering -
Operation of Bridges, which reads:
1 Supervisor of Maintenance I $25,926 - $29,776
is hereby amended to read
1 Supervisor of Maintenance I $28,855 - $33,495
We, Joel Giambra, Commissioner of Public Works and James B. Milroy, Director of
,
the Budgethereby certify that pursuant to a memorandum of agreement between
the City of Buffalo and AFSCME Local 264, AFL-CIO signed on the 9th day of
January, 1995 the foregoing change effective January 1, 1995 is necessary for
the proper conduct, administration and performance of essential services of
that department. We recommend that the compensation for said positions be
fixed at the amount set forth in the foregoing ordinance.
We, Anthony M. Masiello, Mayor and Joel A. Giambra, Comptroller, hereby certify
that the Position of the City will be subserved by the change effected in the
foregoing ordinance.
Approved as to Form
Edward Peace
Corporation Counsel
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
No. 181
By: Mrs. Lotempio
Salary Ordinance Amendment
06 - Administration and Finance
3-001 - Labor Relations
The Common Council of the City of Buffalo do ordain as follows:
That part of Section I of Chapter 35 Of the Ordinances of the City of Buffalo,
relating to 06 -3- 001 Department of Administration and Finance, Division of
Labor Relations, which reads:
1 Director of Labor Relations $50,131
is hereby amended to read
1 Director of Labor Relations $54,650
We, Eva M. Hassett, Commissioner of Administration and Finance and James B.
Milroy, Director of the Budget, hereby certify that the foregoing change is
necessary for the proper conduct, administration and performance of essential
services of that department. We recommend that the compensation for said
positions be fixed at the amount set forth in the foregoing ordinance.
We, Anthony M. Masiello, Mayor and Joel A. Giambra, Comptroller, hereby certify
that the Position of the City will be subserved by the change effected in the
foregoing ordinance.
Approved as to Form
Edward Peace
Corporation Counsel
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
No. 182
By: Mrs. Lotempio
Salary Ordinance Amendment
40 - Department of Public Works
2 - Division of Buildings
011 - Inspection of Non-Public Plans and Structures
The Common Council of the City of Buffalo do ordain as follows:
That part of Section 1 of Chapter 35 Of the Ordinance of the City of Buffalo,
relating to 40-2-011 Division of Buildings, Inspection of Non-Public Plans and
Structures which reads:
1 Typist $20,215 - $22,420
1 Account Clerk Typist $21,126 - $23,588
1 Account Clerk Steno $22,257 - $25,135
is hereby amended to read:
2 Account Clerk Typist $21,126 - $23,588
We, Joel Giambra, Commissioner of Public Works and James B. Milroy, Director of
the Budget, hereby certify that the alienation of one (1) Typist and one (1)
Account Clerk Steno along with the addition of one (1) Account Clerk Typist is
necessary for the proper conduct, administration and performance of essential
services of that department. We recommend that the compensation for said
position be fixed at the amount set forth in the foregoing ordinance.
That a personnel requisition incident to the creation of the above position,
containing statements of the duties of such position, have been filed with the
Municipal Civil Service Commission, and said Commission has approved and
certified the position title set forth in the foregoing ordinance as being the
appropriate Civil Service title for the proposed position.
Approved as to Form
Edward Peace
Corporation Counsel
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
No. 183
By: Mrs. Lotempio
Salary Ordinance Amendment
50 - Department of Human Resources
4 - Div of Substance Abuse Services
011 - YDA-DACC Narcotic Control Program
The Common Council of the City of Buffalo do ordain as follows:
That part of Section I of Chapter 35 Of the Ordinances of the City of Buffalo,
relating to Department of Human Resources - 50-4-011 Division of Substance
Abuse Services - YDA-DACC Narcotic Control Program, which reads:
011 1 Account Clerk Typist $21,126 - $23,588
is hereby amended to read
011 2 Account Clerk Typist $21,126 - $23,588
Appointment of additional position not to exceed June 30, 1995.
It is hereby certified, pursuant to Section 24 of the Charter, that the
immediate passage of the foregoing ordinance is necessary.
We, Michael V. Smith, Commissioner of Human Resources and James B. Milroy,
Director of the Budget, hereby certify the addition of one (1) Account Clerk
Typist is necessary for the proper conduct, administration and performance of
essential services of that department. We recommend that the compensation for
said positions be fixed at the amount set forth in the foregoing ordinance.
That a personnel requisition incident to the addition of the above position,
containing a statement of the duties of such position, has been filed with the
Municipal Civil Service Commission, and said Commission has approved and
certified the position title set forth in the foregoing ordinance as being the
appropriate Civil Service title for the proposed position.
Approved as to Form
Edward Peace
Corporation Counsel
PASSED.
AYES- 13 NOES 0
No. 184
By Mrs. LoTempio
Ordinance Amendment
Section 137-7 Schedule of Fines and Penalties
The Common Council of the City of Buffalo does hereby ordain as
follows:
That Chapter 137 Code Enforcement, Section 7 Schedule of Fines and Penalties of
the Code of the City of Buffalo be amended to read as follows:
Fine Initial Additional
Maximum
FINE CLASS A $10.50 $10.50 $10.50 $31.50
* Sidewalks not cleaned of ice and snow - Section 50 Chapter 413
[*Sidewalks in business district not cleared of litter - Sections 4 and 4B
Chapter 413]
Fine Initial Additional Maximum
FINE CLASS B [$21.00]$30.00 [$21.00] $30.00 [$21.00] $30.00
[$63.00]$ 90.00
* Garbage in street more than (8) hours ahead of collection -Section 14 Chapter
216
* Use of illegal containers for garbage; garbage not properly enclosed -
Section 15 Chapter 216
Fine Initial Additional Maximum
FINE CLASS C $52.50 $52.50 $52.50 $157.50
*Sidewalks in business district not cleared of litter - Sections 4 and 4B
Chapter 413
[*Overflowing dumpsters, littered dumpster areas, uncovered dumpster-Sects 4,
37 Chapter 413]
*Use of Streets, encroachments - Section 1 Chapter 413
*Designation and use of sidewalks - Section 2 Chapter 413
*Interference with streets and sidewalk surfaces prohibited - Section 3 Chapter
413
*Obstructions of Streets and Passages - Section 5 Chapter 413
*Removal of unlawful encroachments or dangerous conditions - Section 7 Chapter
413
*Obstructions restricted; Historical Markers - Section 8 Chapter 413
*Protection of pavement - Section 10 Chapter 413
*Lamps and Light Standards - Section 11 Chapter 413
*Interference with street signs rewards - Section 12 Chapter 413
*Openings and Curb Cuts -Sections 14, 16, 17, 19, 21, 22, 23, 24, and 25
Chapter 413
*Use of streets for Public Events - Section 36 Chapter 413
*Repair of vehicles - Section 38 Chapter 413
*Restrictions on Use of Play Streets - Section 40 Chapter 413
*Vehicles with lugs or Cleats - Section 42 Chapter 413
*Construction and Maintenance of Sidewalks -Sections 42, 43, 44, 45, 46, 47, 48
and 49 Chapter 413
*Sidewalk Uses - Sections 53, 54, 55, 56, 57, 58 and 59.1 Chapter 413
Fine Initial Additional Maximum
FINE CLASS D [$105.00] $75.00 [$105.00] $75.00 [$105.00]$75.00
$315.00]$ 225.00
[*Mud and Debris left in street at demolition, construction or tree removal
sites Sections 4,37 Chapter 413]
*Snow plowing which blocks public thorough-fare Section 52 Chapter 4131
*Overflowing dumpsters, littered dumpster areas, uncovered dumpster-Sects4, 37
Chapter 413
Fine Initial Additional Maximum
FINE CLASS E [$200.00]$105.00 [$200,00]$105.00 [$200.00]$105.00
[$600.00]$ 315.00
*Sidewalk cafes - Section 59 Chapter 413
*Permits and Inspection Fees -Chapter 413 Article X
[*Excessive amounts of bulk trash, unbounded trash-Section 15 Chapter 216 and
Sections 1-4 Chapter 341]
Fine Initial Additional Maximum
FINE CLASS F [$1500.00]$150.00 [1500.00]$150.00 [$1500.00]$150.00
[$4500.00]$450.00
*Snow plowing which blocks public thorough-fare Section 52 Chapter 413
Fine Initial Additional Maximum
FINE CLASS G $200.00 $200.00 $200.00
$600.00
*Mud and Debris left in street at demolition, construction or tree removal
sites Sections 4,37 Chapter 413
Fine Initial Additional Maximum
FINE CLASS H $350.00 $350.00 $350.00
$1050.00
*Excessive amounts of bulk trash, unbounded trash- Section 15 Chapter 216 and
Sections 1-4 Chapter 341
Fine
FINE CLASS I $1500.00
*Illegal Dumping - Section 9 and 17 Chapter 216
Approved As To Form
Edward Peace
Corporation Counsel
Note: matter underlined is new. Matter in [ ] brackets to be deleted.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 185
By: Mr. Perla
Ordinance Amendment
Chapter 242- Housing Standards
The Common Council of the City of Buffalo does hereby ordain as
follows:
That Chapter 242 of the Code of the City of Buffalo be amended to read as
follows:
242-12,Inspection Enforcement
A. Every property owner shall pay a fee of seventy-five dollars ($75,00) to be
assessed against the property for each inspection after the second inspection
in which violations of a city housing ordinance are found unless such fee is
waived by the Waiver Review Panel, The Waiver Review Panel shall consist of the
Commissioner of Inspections and Community Revitalization, the Director of
Housing and Property Inspections and the Director of Licenses,
B. Each request for a waiver must be in writing setting forth in detail the
circumstances justifying the waiver and shall be limited to one inspection,
Nothing in this section shall limit the number of waivers a property owner may
request, however, each request must be submitted separately to the Waiver
Review Panel, The Waiver Review Panel may grant a waiver when extraordinary
circumstances have been shown to exist, Each waiver granted by the Waiver
Review Panel shall be in writing and shall set forth the rationale behind
granting the waiver.
APPROVED AS TO FORM
Edward Peace
Corporation Counsel
NOTE: Matter underlined is new.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 186
By: Mr. Pitts
Olmsted Site Planning and Development
Committee
Whereas: The Frederick Law Olmsted School Site Selection Committee
has recommended a focus on a permanent single campus location adjacent to the
H.14, Richardsoti complex at the Southeast corner of Rees Street and Rockwell
Road; and
Whereas: The Committee picked this site because it is consistent with the
following criteria which guided their search: easy city-wide accessibility;
available undeveloped land contiguous to existing Olmsted neighborhoods; and
realistic opportunities for both economic and academic partnerships between
public and private entities;
Now Therefore Be It Resolved, that:
This Common Council endorses the plans of the Olmsted Site Selection Committee
to build a permanent new campus at the Southeast corner of Rees Street and
Rockwell Road; and
Be It Further Resolved, that:
This Common Council and the Board of Education form a Planning and Development
Committee as per the Olmsted Site Selection Committee's Recommendations.
REFERRED TO THE SPECIAL COMMITTEE ON EDUCATION AND THE BOARD OF EDUCATION.
No. 187
By: Mr. Pitts
Appoint Christopher Walbrecht of the Citizens
Campaign for the Environment Buffalo Pest Mgmt. Board
Whereas: Karen Murphy, who had chaired and guided the Buffalo Pest
Management Board through its conception and early development, has left Buffalo
to pursue other challenges in Eugene, Oregon; and
Whereas: It is important for the ongoing work of the Board that Ms. Murphy's
spot be filled; and
Whereas: Christopher Walbreclit, Program Coordinator of the Buffalo office
of the Citizens Campaign for the Environment (CCE), has expressed an interest
in serving on the Board and has begun attending Board meetings; and
Whereas: CCE is a statewide environmental reorganization whose focus has
been on water quality issues, most of which are directly related to pesticide
issues;
Now Therefore Be It Resolved, that:
This Common Council appoints Christopher Walbrecht of 499 Delaware Avenue,
Buffalo, NY to the Buffalo Pest Management Board to replace Karen Murphy; and
Be It Further Resolved, that:
This Council expresses its thanks to Ms. Murphy for her talent and dedication
which helped immensely in the establishment of the Buffalo Pest Management
Board; and
Be It Finally Resolved, that:
This Council directs the City Clerk to send certified copies of this resolution
to Karen Murphy and to Christopher Walbrecht, c/o CCE, 256 Delaware Avenue,
Buffalo, NY 14209.
ADOPTED.
No. 188
By: Mr. Pitts
Amendment to the Waterfront
Redevelopment Project No. NYR-35
Urban Renewal Plan-Addition Acquisition
Crossroads Amendment
Whereas; on October 22, 1963, the Common Council Approved the
Waterfront Redevelopment Project Urban Renewal Plan as a way to plan and
control development on the waterfront for a period of 50 years; and
Whereas; the City of Buffalo, a municipal corporation, has enacted an urban
renewal plan amendment 11/16/93 C.C.P. 157 for an area of the City of Buffalo
waterfront, known as "the Crossroads"; and
Whereas; during the development of a new arena on the site, to be known as
"Crossroads Arena", it has become apparent that the aforesaid urban renewal
plan will have to be amended again to accommodate the evolving arena plan; and
Whereas; certain changes to the original Crossroads Plan are necessary:
The entire block between Baltimore and Columbia Streets, bounded on the north
by Perry Street and on the south by South Park Avenue is necessary for the
parking requirements of the Crossroads Arena. The City of Buffalo will seek to
cause the Buffalo Urban Renewal Agency to acquire this entire parcel through
eminent domain or acquisition.
The current urban renewal plan contains the following requirements:
(a)(i) Parking lot configurations with curbed islands with grass and trees.
(ii) The set-back, on Perry Street, of the parking structure, is currently 15
feet.
(iii) The height restriction under the plan is being exceeded at the new arena
by approximately eighteen inches.
Each of these requirements will have to changed to accommodate the updated
Crossroads Plan, to wit:
(b)(i) Because of budget constraints, the expense of construction of parking
islands; the cost of maintaining the parking lots with the existence of such
structures; and the impingement on the number of available parking spaces, this
requirement will have to be deleted.
(ii) To allow for greater pedestrian access, as well as more room for
landscaping and tree plantings, the set-back of the parking structure on Perry
Street will be increased to approximately 72 feet.
(iii) The roof design was changed to allow the employment of a local company's
design and system (Birdair), which resulted in an increase in the height of the
structure by 18 inches; and
Whereas; the first change, with respect to the increase in the area and number
of parcels to be acquired, must be accomplished by an amendment to the urban
renewal plan and the second change may be accomplished by a determination of
the Commissioner of Community Development; and
Whereas, the City PLANNING BOARD gave its unqualified approval to the plan
amendment and the Commissioner of Community Development's approval of minor
design changes;
Now Therefore, Be It Resolved that;
the Common Council of the City of Buffalo amends the waterfront renewal plan as
follows:
1. The City of Buffalo approves the City of Buffalo Urban Renewal Agency's
acquisition of the parcel bounded by Perry Street, Baltimore Street, South Park
Avenue and Columbia Street.
2. The City of Buffalo Common Council is requested to review and ratify the
findings and determination of the Commissioner of Community Development
approving the minor design changes as set forth above.
REFERRED TO THE URBAN RENEWAL AGENCY COMMITTEE.
No. 189
By: Mr. Pitts & Mrs. Williams
Set Hearing - LDA Sale Of 25 High Street &
A Portion of 963-969 Washington
Oak Street Redevelopment Project NYR-197
Whereas, Langston Hughes Institute and/or other legal entity to
be formed (herein referred to as the "Redeveloper") has been duly designated as
qualified and eligible Redeveloper in accordance with the rules and procedures
prescribed by the City of Buffalo Urban Renewal Agency; and
Whereas, the City of Buffalo Urban Renewal Agency and the Redeveloper has
negotiated a Land Disposition Agreement for the disposition of 25 High Street
and a portion of 963-969 Washington in the Oak Street Redevelopment Project
NYR-197.
Whereas, the terms of said Land Disposition Agreement have been approved by the
City of Buffalo Urban Renewal Agency; and
Whereas, said Land Disposition Agreement has been forwarded by the City of
Buffalo Urban Renewal Agency to this Common Council for action, pursuant to
section 507, subdivision 2(d) of the General Municipal Law; and
Whereas, Article 15A of the "General Municipal Law" requires that the
disposition of land in an Urban Renewal Project may be approved only after a
public hearing on due notice.
Now, Therefore, Be It Resolved:
1. That the City Clerk is hereby directed to publish the notice attached
hereto and marked "Notice of Hearing" in the Buffalo News, no later than the
24th day of February 1995.
2. That this Common Council will conduct a Public Hearing on the matter
stated in said "Notice of Hearing" at 2:00 P.M. in the Council Chambers on the
7th day of March 1995.
ADOPTED
No. 190
By: Mr. Pitts and Mrs. Miller-Williams
Proposal By UB To Use Ellicott Tower
Whereas: William Greiner, President of the University of Buffalo,
has announced plans for the university to take over one of the towers that are
part of the former Ellicott Mall and convert it into a service, health and
education complex; and
Whereas: UB's intention is to use the tower to develop a more cooperative
working relationship with Sheehan Hospital and the city campus of Erie
Community College, and to have a more visible presence in the downtown area;
and
Whereas: Now known as Ellicott Towers, two of the once-vacant eight
high-rise towers have been renovated and are accepting low-income tenants; and
Whereas: As Western New York's sixth largest employer and one of the
region's most influential institutions, UB's presence in the Ellicott Towers
would be a potent force in the revitalization of that area and the entire
downtown; and
Whereas: The city of Buffalo should work closely with the University and
federal officials to help ensure that this proposal will become a reality;
Whereas: Now, Therefore, Be It Resolved:
That this Common Council establish a committee to work with President Greiner
and the State University at Buffalo to help facilitate the university proposed
occupancy of one of the buildings that are part of the Ellicott Towers.
REFERRED TO THE COUNCIL PRESIDENT.
No. 191
By: Mrs. Williams
Set Hearing - LDA-Sale Of 269-273 Franklin Street
Located in the Downtown Entertainment District
Phase I
Whereas, 430 Niagara Street Associates and/or other legal entity
to be formed (herein referred to as the "Redeveloper") has been duly designated
as qualified and eligible Redeveloper in accordance with the rules and
procedures prescribed by the City of Buffalo Urban Renewal Agency; and
Whereas, the City of Buffalo Urban Renewal Agency and the Redeveloper has
negotiated a Land Disposition Agreement for the disposition of 269-273 Franklin
Street in the Downtown Entertainment District - Phase I.
Whereas, the terms of said Land Disposition Agreement have been approved by the
City of Buffalo Urban Renewal Agency; and
Whereas, said Land Disposition Agreement has been forwarded by the City of
Buffalo Urban Renewal Agency to this Common Council for action, pursuant to
section 507, subdivision 2(d) of the General Municipal Law; and
Whereas, Article 15A of the "General Municipal Law" requires that the
disposition of land in an Urban Renewal Project may be approved only after a
public hearing on due notice.
Now, Therefore, Be It Resolved:
1. That the City Clerk is hereby directed to publish the notice attached
hereto and marked "Notice of Hearing" in the Buffalo News, no later than the
24th day of February 1995.
2. That this Common Council will conduct a Public Hearing on the matter
stated in said "Notice of Hearing" at 2:00 P.M. in the Council Chambers on the
7th day of March 1995.
ADOPTED.
No. 192
By: Mrs. Williams
Tragedy at Lakeview Apts.
Whereas: The recent carbon monoxide deaths at the Lakeview Apartments
points to the need for action to prevent such incidents in the future; and
Whereas: According to press reports, the exact cause of the carbon monoxide
buildup remains a mystery;
Now therefore be it resolved, that:
This Common Council requests the Buffalo Municipal Housing Authority (BMHA) to
conduct a thorough investigation of this incident and to report their findings
back to the Council; and
Be it further resolved, that:
In the event their initial investigation is inconclusive, this Council requests
the BMHA to continue investigating until the cause of the carbon monoxide
buildup is established; and
Be it further resolved, that:
This Council requests the BMHA to review the potential for similar incidents to
occur at other BMHA properties and to report their findings back to the
Council; and
Be it finally resolved, that:
This Council requests the BMHA to investigate the feasibility of installing
carbon monoxide detectors in all BMHA rental units and to report their findings
back to the Council no later than 3/2/95.
ADOPTED.
No. 193
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 filingsame with
the City Clerk:
Erma J. Brown
Elizabeth Brady Koekkoek
Brian K. Lewis
Andria D. Mays
Adelaide A. Nowadly
Diane Richardson
Vivian A. Clark
Kim M. Gipp
Total 7
ADOPTED.
No. 194
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, February 28, 1995 -9:30 AM
Finance Tuesday, February 28, 1995 - following Civil
Legislation Tuesday, February 28, 1995 2:00 PM
Economic Dev. Wednesday, March 1, 1995, 10:00 AM
U R Agency Wed, March 1, 1995 following Ec. Dev.
Ancillary Committees
Stadium/Aud T.F. Wed, February 22, 1995 10:00 AM Rm 1417 Stadium/Aud
T.F. Fri, February 24, 1995 10:00 AM Room 1417
Erie Basin Marina T.F. Monday, Feb 27, 1995 2:00 PM Rm 1417
No. 195
Adjournment
On a motion by Mr. Pitts, Seconded by Mr. Helfer the Council adjourned
at 3:35 P.M.
CHARLES L. MICHAUX, III
CITY CLERK
COMMON COUNCIL
CITY HALL - BUFFALO
SPECIAL SESSION
Thursday, February 23, 1995
at 3:00 P.M.
Present - George K. Arthur, President of the Council, and Councilmembers:
Bell, Collins, Coppola, Czajka, Franczyk, Helfer, Lockwood, LoTempio, Perla,
Pitts, Williams, Zuchlewski. - 13.
Absent - None 0.
No. 1
Call For Special Session
Mr. Charles L. Michaux, III
City Clerk
1308 City Hall
Buffalo, New York
Dear Mr. Michaux:
Pursuant to Section 30 of the Charter of the City of Buffalo, upon the request
of the President of the Common Council George K. Arthur of the City of Buffalo,
dated February 22, 1995, presented to you herewith, I hereby call a Special
Meeting of the Common Council, and hereby waive 24 hours' notice, this meeting
to be held in the Council Chambers, City Hall, Buffalo, New York, on February
23, 1994 at 3:00 p.m. for the following purpose:
To receive, and resolve items in the Committee of the Whole and to take
appropriate actions on the items that are before the Committee of the Whole
George K. Arthur
President of the Common Council
RECEIVED AND FILED.
George K. Arthur
President of the Common Council
1315 City Hall
Buffalo, New York
Dear Sir:
WE, the undersigned, members of the Common Council, hereby request that you
call a Special Meeting of the Common Council, pursuant to Section 30 of the
Charter of the City of Buffalo, for the following purpose:
To receive, and resolve items in the Committee of the Whole and to take
appropriate actions on the items that are before the Committee of the Whole
We request that this Special Meeting be held on February 23, 1995 at 3:00 P.M.
Barbara Miller-Williams
Dale Zuchlewski
Bonnie Kane Lockwood
Rosemarie LoTempio
Kevin Helfer
Pursuant to Rule 2 of the Rules of Order of the Common Council of the City of
Buffalo, each of the following named members of the Common Council, to wit:
KEVIN HELFER DAVID FRANCZYK
DAVID CZAJKA CARL A. PERLA, JR.
CLIFFORD BELL BONNIE KANE LOCKWOOD
DAVID A. COLLINS ROSEMARIE LOTEMPIO
ALFRED T. COPPOLA JAMES W. PITTS
DALE ZUCHLEWSKI BARBARA A. MILLER-WILLIAMS
hereby states that he/she received notice of the time and purpose of the
Special Meeting of the Common Council duly called to be held on February 23,
1995 at 3:00 p.m. and hereby waives 24 hours' notice.
STATE OF NEW YORK)
COUNTY OF ERIE ) SS:
CITY OF BUFFALO )
On this 22nd day of February 1995, before me, the subscribers, personally
appeared Barbara Miller-Williams, Dale Zuchlewski, Bonnie Kane Lockwood,
Rosemarie LoTempio, Kevin Helfer, David Czajka, Clifford Bell, James Pitts,
David Franczyk, Alfred T. Coppola to me known to be the same persons described
in and who executed the foregoing instrument, and they duly and severally
acknowledged to me that they executed the same.
Charles L. Michaux, III
Commissioner of Deeds, in and for the City of Buffalo, N.Y.
Commission expires 12/31/96
TO EACH MEMBER OF THE COMMON COUNCIL: YOU ARE HEREBY NOTIFIED that, pursuant to
Section 30 of the Charter of the City of Buffalo, upon the written request of
five Council Members, dated February 22, 1995 President of the Common Council
George K. Arthur, has called a Special Meeting of the Common Council, to be
held in the Council Chambers, City Hall, Buffalo, New York, on February 23,
1995 at 3:00 p.m. for the following purpose:
To receive, and resolve items in the Committee of the Whole and to take
appropriate actions on the items that are before the Committee of the Whole.
No. 2
Mr. Pitts now moved that the Common council resolve into the Committee
of the Whole to consider items referred thereto.
Seconded by Mr. Collins.
CARRIED.
No. 3
Temporary Closing of Firehouses (Fire)
(Item No. 59, C.C.P. 2/7/95)
Mr. Pitts now moved that the above item be Laid on the Table.
Seconded by Mr. Coppola.
ADOPTED.
No. 4
By: Mr. Pitts
Compromise for Personal Leave Cap in the Fire Department
Whereas: The Masiello Administration has attributed part of the
rising cost of Fire Department overtime to its inability, under the present
collective bargaining agreement, to limit the number of personal leave days
allowed for any given shift; and
Whereas: The administration has suggested that authorizing the Fire
Commissioner to place a cap on the number of personal leave days allowed on any
given shift based on the number of personnel who are off for other reasons such
as vacation, military leave, etc., will result in reduced overtime costs and
more efficiency in management of the department; and
Whereas: As an alternative to the proposed closing of fire companies on a
rotating basis, the administration and the firefighters union were asked by
this Common Council to discuss the possibility of capping personal leave; and
Whereas: The administration and the union discussed personal leave capping
proposals ranging from 3 personal leaves allowable under an administration
proposal to 10 personal leaves allowed under a union proposal; and
Whereas: These proposals were brought to the attention of this body at a
caucus on Tuesday February 21st with each side refusing to negotiate on a
compromise; and
Whereas: The Common Council feels that it is in the best interests of the
administration, the union, and the residents of the City of Buffalo to have a
negotiated settlement capping the number of personal leaves to be allowed per
shift;
Now, Therefore, Be It Resolved:
That the Common Council support continuing negotiations for a personal leave
management cap for the Fire Department ranging from 0-10 per shift; and
Be It Further Resolved:
That this Honorable Body request that the Masiello Administration and the
firefighters union continue negotiations on capping personal leaves and file a
report with this Council by the next regular meeting with a compromise number.
ADOPTED.
No. 5
Purchase of 12 Elmwood - Firehouse (HRG HELD)
(Item No. 223, C.C.P. 10/4/94)
Mr. Pitts moved that the above item be and hereby is Received
and Filed.
Seconded by Mr. Zuchlewski.
ADOPTED.
No. 6
2nd Quarter Budget Gap Projections (A&F)
(Item No. 69, C.C.P. 1/24/95)
Mr. Pitts moved that the above item be and hereby is Received
and Filed, and the attached update from the commissioner of Administration and
Finance be accepted for the record.
Mr. Pitts now moved that the updated Budget Gap Projection be and the same is
hereby Received and Filed.
Seconded by Mr. Collins.
ADOPTED.
No. 7
Sal. Ord. Amendment - Public Works/Buildings
(Item No. 175, C.C.P. 2/7/95)
Mr. Pitts moved that the Salary Ordinance Amendment as contained
in Item No. 175, C.C.P., February 7, 1995, be and the same hereby is approved.
Seconded by Mr. Czajka.
PASSED.
AYES- 13 NOES- 0
No. 8
Sal. Ord. Amendment - Community Development
(Item No. 176, C.C.P. 2/7/95)
Mr. Pitts moved that the Salary Ordinance Amendment as contained
in Item No. 176, C.C.P., February 7, 1995, be and the same hereby is approved.
Seconded by Mrs. LoTempio.
PASSED.
AYES- COPPOLA, CZAJKA, FRANCZYK, HELFER, LOCKWOOD, LOTEMPIO, PERLA, PITTS,
WILLIAMS, ZUCHLEWSKI- 10
NOES- ARTHUR, BELL, COLLINS- 0
No. 9
Sal. Ord. Amendment - Various Departments
(Item No. 177, C.C.P. 2/7/95)
Mr. Pitts moved that the Salary Ordinance Amendment as contained
in Item No. 177, C.C.P., February 7, 1995, be and the same hereby is approved.
Mrs. Lockwood moved to amend to Lay on the Table.
Seconded by Mr. Collins.
ADOPTED.
AYES- ARTHUR, COLLINS, COPPOLA, CZAJKA, FRANCZYK, LOCKWOOD LOTEMPIO, PERLA,
WILLIAMS, ZUCHLEWSKI- 10
NOES- BELL, HELFER, PITTS- 3
No. 10
Mr. Pitts now moved that the Committee of the Whole resolve into
the Common Council.
Seconded by Mr. Coppola.
CARRIED.
No. 11
Adjournment
At 4:35 P.M., Mr. Pitts moved to Adjourn. Seconded by Mr. Collins.
Board of Police and Fire Pension Proceedings #2
Mayor's Office - 201 City Hall
February 23, 1995
Present: George K. Arthur, Council President
Anthony M. Masiello, Mayor, R. Michael McNamara, Deputy Comptroller - 3
Absent: None
The Journal of the last meeting was approved.
No. 1
I transmit herewith the Pension Payroll for the Fire Pension Fund
for the month of February 1995 amounting to $29,623.00, and respectfully
request that checks be drawn to the order of the persons named herein for the
amounts stated.
Adopted
Ayes-3. Noes-0.
No. 2
Mr. Arthur moved to adopt the Treasury Statement of Disbursements
from the City Treasurer for the quarter ended 12/31/94.
Adopted
Ayes-3. Noes-0.
No. 3
I transmit herewith the Pension Payroll for the Police Pension
Fund for the month of February I 995 amounting to $29487.64, and respectfully
request that checks be drawn to the order of the persons named herein for the
amounts stated.
Adopted.
Ayes-3.- Noes- 0.
No. 4
Mr. Masiello moved to adopt the Treasury Statement of Disbursements
from the City Treasurer for the quarter ended 12/31/94.
Adopted.
Ayes 3. Noes- 0.
No. 5
On motion by Mr. Arthur, the City of Buffalo Police and Fire Pension
Board Meeting adjourned at 11:10 am.