HomeMy WebLinkAbout95-0404
No. 7
Common Council
Proceedings
of the
City of Buffalo
Regular Meeting, April 4, 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.
ERIE BASIN MARINA TASK FORCE:
James W. Pitts, Chairman, Kevin L. Helfer, Bonnie
K. Lockwood, Carl A. Perla, Jr., Comptroller/Designee, Commissioner of Public
Works/Designee, President of Slip Renter's Assoc./Designee, Buffalo Sabres/Aud
Club.
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, April 4, 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. Helfer, the minutes of the stated
meeting held on March 21, 1995 were approved.
FROM THE MAYOR - EXECUTIVE DEPARTMENT
FROM THE CITY PLANNING BOARD
No. 1
C. Haun - Request to Convert 141 Bidwell
Parkway to a Sit-In Restaurant
Item No. 118, C.C.P., March 21, 1995
The City Planning Board at its regular meeting held Tuesday.
March 28, 1995, considered the above request pursuant to Section 511-56 of the
Buffalo Code, the review of restricted uses in the Elmwood Business zone.
The applicant seeks to convert an existing dry cleaning establishment
into an 833 square foot sit-in restaurant.
The site is located in the Elmwood Business zone which considers eating
and drinking places to be restricted uses which require the approval of your
Honorable Body. Under S.E.Q.R., the proposed restaurant is considered an
unlisted action which may be studied through uncoordinated review.
The Planning Board voted to approve the proposed restaurant on the
condition that the applicant conform to the sign requirements of the Elmwood
Business zone.
RECEIVED AND FILED.
No. 2
M. Morga - Request to Expand an Existing
Restaurant at 311 Bryant Street
Item No. 119, C.C.P., March 21. 1995
The City Planning Board at its regular meeting held Tuesday, March
28, 1995, considered the above request pursuant to Section 511-56 - Restricted
Uses in the Elmwood Business Zone.
The applicant seeks to expand an existing restaurant into an adjacent
retail space. The existing restaurant is approximately 1900 square feet while
the expansion would add 1200+ square feet. Therefore, the new restaurant would
have a gross floor area of 3000 square feet.
The site is located in the Elmwood Business zone which restricts such
uses and requires the approval of your Honorable Body. Under the Buffalo Code
20 off-street parking spaces are suggested. It should be noted that there is a
public parking lot adjacent to the site. Under S.E.Q.R. the proposed expansion
is considered an unlisted action which may be studied through uncoordinated
review.
The Planning Board voted to approve the proposed expansion with the
condition that any accessory signs for the site conform to the requirements of
the Elmwood Business zone.
RECEIVED AND FILED.
No. 3
EAF- M. Morga-Request To Expand
Existing Restaurant-311 Bryant
Attached for your information is the Short Environmental Assessment
Form for the matter captioned above.
Mr. Pitts moved:
That the communication from the Division of Planning, dated March 29,
1995, be received and filed; and
That "Donald Warfe - Request to expand an Existing Restaurant at 311
Bryant" 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. 4
A. Manachio and Others - Petition to
Rename a Portion of Connecticut Street
to Columbus Park West
Item No. 122. C.C.P., March 21, 1995
The City Planning Board at its regular meeting held Tuesday, March
28, 1995, considered the above petition pursuant to Section 317 of the City
Charter, Referable Matters from the Common Council.
The petitioners seek to rename a portion of Connecticut Street which is
contiguous to Columbus Park to Columbus Park West.
The Planning Board voted to deny the petition on the grounds that there
is currently a Columbus Avenue in South Buffalo and a St. Columba's subdivision
has been recently approved by the Planning Board.
Given this, the Planning Board felt that the suggested renaming could
create a confusing and potentially dangerous condition should an emergency
arise.
REFERRED TO THE COMMITTEE ON LEGISLATION.
FROM THE BOARD OF ETHICS
No. 5
Minutes of Meeting
Attached please find the minutes of the Board of Ethics Meeting
held on March 14, 1995.
RECEIVED AND FILED.
FROM THE COMPTROLLER
No. 6
Certificate of Necessity
Transfer of Funds
Common Council
We, Anthony M. Masiello, Mayor and Joel A. Giambra, Comptroller,
do hereby certify, pursuant to Section 42 of the Charter, that it is necessary
that the sum of $1,000 be transferred and reappropriated from the Common
Council, as set forth below.
Dated: Buffalo, NY, March 27, 1995
RECEIVED AND FILED.
No. 7
Certificate of Necessity
Transfer of Funds
Common Council
We, Anthony M. Masiello, Mayor and Joel A. Giambra, Comptroller,
do hereby certify, pursuant to Section 42 of the Charter, that it is necessary
that the sum of $2,550 be transferred and reappropriated from the Common
Council, as set forth below.
Dated: Buffalo, NY, March 27, 1995
RECEIVED AND FILED.
No. 8
Certificate of Necessity
Transfer of Funds
Common Council
We, Anthony M. Masiello, Mayor and Joel A. Giambra, Comptroller,
do hereby certify, pursuant to Section 42 of the Charter, that it is necessary
that the stun of $2,550 be transferred and reappropriated from the Common
Council, as set forth below:
Dated: Buffalo, NY, March 27, 1995
RECEIVED AND FILED.
No. 9
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 2-28-95. This report also projects departmental overtime expenditures for
the entire fiscal year based on current usage.
RECEIVED AND FILED.
No. 10
Information Public Buildings
Concession Stand Leases
Item #16, C.C.P. 2/16/95
At the request of the Chairman of Common Council's Finance Committee,
the following information is provided regarding the above referenced item.
1. The City will lease to the State of New York the 3 dry stand facilities
for One Dollar annually.
2. The State manages and maintains leases for the New York State Department
of Social Services, Commission for Blind and Sight-Deficient Persons. The
stands are leased in accordance with State Statutes, Social Security Law,
Sections 20-34.
3. The Commission for Blind and Sight Deficient Persons administrates a
program fund. The income in the fund is used to match Federal funds for
equipment purchase, stand renovations, repair and a retirement fund for blind
and sight deficient persons.
4. Income for the fund is generated by the licensees of the stands.
Licensees are allowed to earn up to $15,000 and pay a percentage on net profits
over and above the $15,000. The income from the percentages are placed in the
fund and used for the purposes mentioned in the above paragraph.
5. The licensee does not pay for utilities or pay rent.
6. Bids for the operations of dry stand occurs only when a stand becomes
vacant. Terms and conditions for the operation of a stand are determined
between the Commission and Licensee.
RECEIVED AND FILED.
No. 11
Permission to Negotiate
257 Strauss, 612.501 S Genesee
Vacant Lot Size: 30' x 127'
Assessed Valuation: $1,500
The Office of the Comptroller, Division of Real Estate, has received
a request from Barbara J. Bates of 255 Strauss Street, Buffalo, New York to
purchase the above captioned City-owned property. Ms. Bates is requesting to
purchase 257 Strauss for extra yard space
The Department of Community Development and the Department of Inspections
and Community Revitalization were contacted and they have no objection to this
sale. There are no taxes, demolition liens or other outstanding debts owing to
the City of Buffalo by the purchaser.
This office, therefore, is requesting that we be permitted to negotiate a
private sa with Ms. Bates of 257 Strauss Street, Buffalo, New York for the
above mentioned property and report back to Your Honorable Body the results of
negotiations for final approval.
Mr. Pitts moved:
That the communication from the Comptroller dated, March 24, 1995 be
received and filed; and
That the Comptroller be, and he hereby is authorized to negotiate with
Ms. Barbara J. Bates, of 255 Strauss Street, for the private sale of 257
Strauss Street and report to the Common Council the results of such
negotiations.
ADOPTED.
No. 12
Result of Negotiations
309 High, 71.751 W Peach
Vacant Lot: 30' x 95'
Assessed Valuation: $1,300
Item #23, C.C.P. 6/28/94
In the above referenced Item Your Honorable Body authorized the
Office of the Comptroller, Division of Real Estate, to negotiate a private sale
with Ms. Lenore Mott, 307 High Street, Buffalo, New York, to purchase the above
captioned property for extra yard space.
An independent appraisal of the property was conducted by Mr. Robert E.
Jones, Appraiser. He has estimated the value of the property to be One
Thousand Dollars ($1,000). This represents approximately Thirty-Four Cents
(.34) 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 Ms. Lenore Mott has agreed and
is prepared to pay One Thousand Dollars ($1,000.00) for the subject property.
She has also agreed to pay for the cost of the appraisal, transfer tax,
recording fees and cost of the legal description.
I am recommending that Your Honorable Body approve the offer of Ms.
Lenore Mott in the amount of One Thousand Dollars ($1,000). 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.
Mr. Pitts moved:
That the communication from the Comptroller, dated March 29, 1995, be
received and filed; and
That the offer of Ms. Lenore Mott, 307 High Street, in the sum of
$1,000.00 (One Thousand Dollars) to purchase the property described as 309 High
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. 13
Amend Purchase 179 Albany Street
Item No. 187 C.C.P. 3/17/95
The above referenced item was approved by Your Honorable Body
at the last Council meeting regarding the purchase of 179 Albany Street. The
item incorrectly states that the Corporation Counsel shall prepare the
necessary documents for the transfer of title and that the Mayor be authorized
to execute the same.
I am recommending that the approving motion be amended in accordance with
Article 17, Section 511 of the City Charter as follows:
That the Corporation Counsel prepare the necessary documents for the
acquisition of the property known as 179 Albany Street and that the Comptroller
be authorized to execute the same.
Mr. Pitts moved:
That the communication from the Comptroller dated, April 3, 1995 be
received and filed; and
That the purchase of 179 Albany Street, Item No. 187, C.C.P., March 21,
1995 be amended to read that the Corporation Counsel prepare the necessary
documents for the acquisition of the property known as 179 Albany Street and
that the Comptroller be authorized to execute the same.
PASSED.
AYES- 13 NOES- 0.
No. 14
Re-Acquire Title to 47 Glenwood
Item No. 121. C.C.P. 3/7/95
The above referenced item was forwarded to the Committee on Finance
and to this office for a response. The item is a letter from Jeff & Pat Turner
residing at 45 Glenwood Avenue, Buffalo, New York 14209. The letter indicates
that they lost ownership of the property through a tax foreclosure. They
believe that while paying taxes on the home located at 45 Glenwood they were
also paying taxes for the vacant lot at 47 Glenwood.
The property was acquired by the City of Buffalo through In-Rem Tax
Foreclosure, In-Rem #26, Serial #441, 10/26/92. Our information received, from
the Tax Department, shows that the residence located at 45 Glenwood and the
vacant lot located at 47 Glenwood were both scheduled for tax foreclosure in
1992. The residence was redeemed prior to the tax foreclosure and the vacant
lot was struck to the City of Buffalo, since there were no bids received.
Tax records, for the lot at 47 Glenwood, indicate that the prior and
current taxes outstanding together with penalties and interest amount to Seven
Hundred Dollars and Thirty-Five Cents ($700.35) to date. Information also
received from the Tax Department indicates that their were numerous liens
against the property located at 47 Glenwood, that proper notices were sent to
the Turner's and the lien holders regarding the pending tax foreclosure.
City policy prevents former owners of tax foreclosed property from
reacquiring title. However, Your Honorable Body has approved such requests in
the past when the former owner could prove that a hardship existed or that
proper notice of the tax foreclosure had not be given.
Therefore, based on the above information this office cannot recommend,
at this time, that the former owner be allowed to reacquire title to the
property.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 15
Fire Insurance, Emergency Demolitions
Item 197, C.C.P., 3/21/95
The above-referenced item requests that this office provide a
report on the amount of money expended by the City of Buffalo over the past
five years to finance the emergency demolition of uninsured fire damaged
properties; the amount which has been collected from the property owner; and
the prospects for collection of the remaining balance.
Record immediately accessible to Comptroller, Division of Collections, do
not provide the comprehensive information requested on the number and value of
emergency demolitions and the insurance status thereof. Such records are
maintained in the Department of Inspections/Mayor's Task Force on Housing. I
will request of Commissioner Anthony Marconi a report, which will be forwarded
to the Common Council.
In regard to the collectablility of monies expended for emergency
demolitions, the prospect is generally poor. The account is referred to the
Collections Division following the completion of demolition, and it is often
difficult to find the owner. This is in contrast to the very successful
Housing Court-based program for collection of nonemergency cases, where the
owner is available and under the Court's jurisdiction.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 16
Report of Audit
Off Duty Automobile Accidents Police Department and
Fire Department
We discovered a special arrangement not provided for under any
collective bargaining agreement that benefitted only police officers and
firefighters. Under the arrangement, police officers or firefighters injured
in off duty automobile accidents would continue to receive full wages and
benefits beyond their allotted sick leave time in turn for signing a wage
assignment and subrogation third party claim form. This form entitled the City
to stand in the shoes of the injured police officers or firefighters making a
claim for lost wages.
The City lost hundreds of thousands of dollars, The Law Department is
currently reviewing the matter for viable claims.
REFERRED TO THE COMMITTEE ON FINANCE, THE COMMISSIONER OF POLICE, THE
COMMISSIONER OF FIRE AND THE CORPORATION COUNSEL.
No. 17
NYNEX Obtain Easement
572 Northland Street
The Office of the Comptroller, Division of Real Estate, has received
a request from NYNEX, New York Telephone Company, to acquire an easement 10' x
20' at 572 Northland. The purpose of the easement is to place a line cabinet
approximately 9' x 3.5' x 5'6" high. The cabinet will be placed on a pad and a
fence erected for security reasons. Attached is a sketch and picture of the
proposed cabinet and copy of the tax map showing location of the proposed
cabinet.
NYNEX has offered a one-time payment of Three Thousand Dollars ($3,000)
for the easement.
The Department of Public Works has been contacted and they have no
objection or conditions to be placed on the installation of the equipment.
Therefore, I am recommending that Your Honorable Body approve the request
of NYNEX to acquire a 101 x 201 easement in the amount of Three Thousand
Dollars ($3,000). I am further recommending that the Corporation Counsel
prepare the necessary easement agreement and that the Mayor be authorized to
execute the same.
Mr. Pitts moved:
That the communication from the Comptroller dated, March 30, 1995 be
received and filed; and
That the Comptroller be, and he hereby is authorized to enter into an
agreement with NYNEX, New York Telephone Company, to acquire an casement 10' x
20' at 572 Northland Street, on the conditions set by the Department of Public
Works; and
That the Corporation Counsel prepare the necessary easement agreement and
that the Mayor be authorized to execute the same.
PASSED.
AYES- 13 NOES- 0.
No. 18
Agreement Between City of
Buffalo and Buffalo Neighborhood Revitalization
Item No. 72, C.C.P. 3/21/95
The above referenced item is a request from Buffalo Neighborhood
Revitalization Corporation (B.N.R.C.) to purchase and transfer five (5)
City-owned in-rem properties to them. The request is consistent with an
agreement that was negotiated between the Comptroller, Department of
Inspections & Community Revitalization and B.N.R.C.
As Your Honorable Body is aware, for several years this office, as well
as a number of Councilmembers, have expressed an interest in developing a plan
or program to rehabilitate properties inherited by the City through tax
foreclosure. After many months of discussions with various City department
heads, the Buffalo Urban Renewal Agency and representatives of B.N.R.C., the
Redeveloper Agreement was drafted.
Attached for your review and approval is the Redeveloper Agreement. The
agreement was 'approved as to form" by the Corporation Counsel in October 1994.
However, it was never presented to the Common Council for approval. This was
an oversight.
The Redeveloper Agreement basically establishes a program and process for
the City of Buffalo to begin the rehabilitation of properties in the City
inventory for re-sale after they have been rehabilitated. The City of Buffalo
will receive the pre-rehabilitation purchase price, determined by appraisal,
after they have been turned over to B.N.R.C., rehabilitated and sold. It is a
two year agreement and will expire October 31, 1996.
I believe this agreement and process will accomplish several goals. It
will eliminate the costly demolition of properties that remain in the City
inventory; the City will be relieved of the maintenance and upkeep of the
properties; the City is providing an alternative to low-income families that
can't afford or qualify for new housing; and finally the properties are
returned to the tax rolls.
Therefore, I am recommending that Your Honorable Body approve the
Redeveloper Agreement and Item #72, C.C.P. 3/21/95 presently before the
Economic Development Committee.
REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT AND THE CORPORATION COUNSEL.
No. 19
Payroll Abuse
At a time when this City is facing a possible fiscal meltdown,
one would assume, and mistakenly so as this report will demonstrate, that we as
City managers would be additionally diligent to halt waste and abuse. Not only
is this not the case but this report will further serve to illustrate that
management's lack of resolve makes for a climate in which the proverbial crime
pays.
The case in point involves a Report Technician assigned to the Buffalo
Police Department who, from all appearances, granted herself overtime to which
she was not entitled. This potentially criminal and certainly unethical
practice was uncovered during a routine payroll audit undertaken by my
Department. The time frame of this scenario was from September 14, 1994 to
Christmas week of that year.
It is important to note that at no time during what will be described
below were there any notations on the respective payroll sheets (registers) nor
were any overtime slips (forms) presented to and approved by management.
Simply stated, the Report Technician directly imputed into the computer in
excess of 20 instances for overtime beyond what any reasonable person would
suggest was earned. When confronted with this misdeed and, during an informal
hearing on January 23, 1995, this Report Technician's only defense to these
charges was that they were clerical errors. It was alleged by the employee
charged that she had authorization from her supervisors to claim said overtime
but upon review of this matter with two separate Precinct Captains, it was
established that the Report Technician had clearly abused whatever latitude was
granted with respect to the overtime question itself.
No useful purpose would be served here to list all of the claims,
counterclaims and contentions surrounding this issue. It should, however, be
mentioned that initially the Captain at that Precinct did authorize this Report
Technician to put in for 1-1/2 hours of overtime during tours/shifts wherein
only two cars were assigned duty during lunch/break time. Ostensibly, this was
permitted because this Report Technician would, because of staffing shortages,
be unable to leave her post, What actually transpired was that on eight (8)
occasions when there were three cars assigned and relief was available, and in
several instances when uniformed officers were assigned Precinct duty, this
Report Technician entered unauthorized overtime. Noteworthy is the fact that
on 22 occasions this Report Technician's claimed two hours instead of the 1-1/2
hours agreed upon. To suggest that this resulted from 22 instances of clerical
error is ludicrous. The bottom line was that this Report Technician personally
entered false overtime data and, as a direct result, benefitted monetarily.
Now to the crux of this report!
It was initially determined that the City (Buffalo Police Department)
would accept no less than full restitution and a 10 day suspension without pay
for a guilty plea in what would have amounted to a very lenient penalty for
that many offenses. This was to be accompanied by a formal reprimand in the
Report Technician's official record and I suspect the City would have had
little in the way of difficulty in establishing the burden of proof.
I regret to inform you that because the administration of the Buffalo
Police Department was unwilling to shoulder the expense and burden of a formal
disciplinary hearing that we accepted a four day suspension, no restitution and
no official reprimand to dispose of a case that should have brought nothing
less than dismissal. Does anyone care to guess just how contrite this
substandard employee is after finessing such a "coup"?
Further, what message do we send to other employees who are tempted to do
the same thing? When we uncover the next situation, and I assure you we will,
it would be very constructive if the senior managers in this City government
know beforehand that the Common Council was on record as demanding that,
however painful it is, that we will not take the easy way out and we will
extract justice.
You can easily recognize from the tone of this communication that as
Comptroller I am furious over the outcome of these proceedings. As a taxpayer,
I am sickened.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE AND THE CORPORATION COUNSEL.
No. 20
Certificate of Appointment
Appointment effective March 24, 1995 in the Department of Audit
and Control, Division of Audit, JoMarie L. Barone, 229 Villa Avenue, Buffalo,
NY 14216 to the Position of Auditing Inspector, Contingent Permanent, at the
Intermediate Starting Salary of $30,063.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
No. 21
Certificate of Appointment
Appointment effective March 22, 1995 in the Department of Audit
& Control Division Of Accounting, Ronald N. Lunghino, 126 Eller, Buffalo NY
14211 to the Position of Senior Accountant, Contingent-Permanent, at the
Intermediate Starting Salary of $31,649.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
No. 22
Certificate of Appointment
Appointment effective March 20, 1995 in the Department of Audit
and Control Division of Audit, Elizabeth A. Mancuso, 61 Delaney, Buffalo, NY
14216 to the Position of Associate Auditor, Permanent, at the Maximum Starting
Salary of $36,322.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
No. 23
Certificate of Appointment
Appointment effective March 23, 1995 in the Department of Audit
& Control Division of Accounting, Susan C. Mascia, 132 Abbott Road, Buffalo NY
14220 to the Position of Associate Accountant, Contingent-Permanent, at the
maximum Starting Salary of $36,322.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
No. 24
Certificate of Appointment
Appointment effective March 17, 1995 in the Department of Audit
& Control Division of Accounting, Richard J. Whitcomb, 669 McKinley Parkway,
Buffalo NY 14220 to the Position of Supervising Accountant,
Contingent-Permanent, at the intermediate Starting Salary of $38,521.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
No. 25
Certificate of Appointment
Appointment effective March 16, 1995 in the Department of Audit
and Control Division of Audit, Joseph Syroczynski, 341 Bedford Avenue, Buffalo,
NY 14216 to the Position of Principal Auditor, Permanent Contingent, at the
Maximum Starting Salary of $45,670.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
FROM THE PRESIDENT OF THE COUNCIL
No. 26
Freezing Council Accounts
In response to the Hon. Rosemarie LoTempio's resolution concerning
a freeze in the Council's account, please rest assure that if this is the will
of the body, I will carry it out to the best of my ability.
RECEIVED AND FILED.
No. 27
Appointments-Summer Youth Employment Task Force
At our last regular meeting, the Council adopted a resolution
establishing a task force to alleviate the effect of summer youth employment.
The following have consented to serve on this task force.
1 . Chairperson Hon. David A Collins - Masten District
2. Hon, Dale Zuchlewski- North District
3. Mr. Bernard Kennedy, CEO,
National Fuel/Chairperson, Partnership
4. Mr. Robert Benentt, CEO-, United Way
5. Mrs. Bonnie Russell, Representative of the Mayor
6. Mrs. Vivian L. Turner, Director
Summer Youth Employment Program-City of Buffalo
Private Industry Council
7. Mr. George M. Bishop, Jr., Chairperson & CEO
Shoal Coastal Corporation
8. Hon. David A. Franczyk, Fillmore District
I have asked Mr. Collins to convene a meeting as quickly as possible so
that we can reach our goals of establishing 10,000 summer jobs for the youth of
the City of Buffalo.
RECEIVED AND FILED.
FROM THE COMMISSIONER OF ASSESSMENT
No. 28
Request Approval of Certificate
of Adjusted Base Proportions
Attached find Certificate of Adjusted Base Proportions.
I am respectfully requesting that Your Honorable Body approve the
aforementioned Certificate pursuant to Article 19 of the Real Property Tax Law.
The aforementioned Certificate was prepared by this department with the
assistance of the New York State Office of Real Property Service pursuant to
the Real Property Tax Law and the Rules and Regulations of the Office of Real
Property Service.
Upon approval of this Certificate, kindly direct the City Clerk to sign,
date, and forward said Certificate to the New York State Office of Real
Property Service, to the attention of Michael Griffin, 16 Sheridan Avenue,
Albany NY 12210-2714. Also, kindly direct the City Clerk to furnish this
department with a copy of the approved certificate.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 29
Request Approval of Certificate of Base Percentages
Current Percentages and Current Base Proportions
Attached find Certificate of Base Percentages, Current Percentages
and Current Base Proportions. I am respectfully requesting that Your Honorable
Body approve the aforementioned Certificate pursuant to Article 19 of the Real
Property Tax Law.
The aforementioned Certificate was prepared by this department with the
assistance of the New York State Office of Real Property Service pursuant to
the Real Property Tax Law and the Rules and Regulations of the New York State
Office of Real Property Service.
Upon approval of this Certificate, kindly direct the City Clerk to sign,
date, and forward said Certificate to the New York State Office of Real
Property Service, Equalization Rate Bureau, 16 Sheridan Avenue, Albany NY
12210-2714. Also, kindly direct the City Clerk to furnish this department with
a copy of the approved Certificate.
The approval of this Certificate in the primary step toward the final
calculation of the City's Base Proportions that will occur after the March 1,
1995 Assessment is completed. Upon completion of the March 1, 1995 Assessment
Roll, you will once again be informed as to the City's new Base Proportions.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 30
Re-acquire Title to 47 Glenwood
Item No. 121, C.C.P. 03/07/95
The above item was referred to this office for a response.
Please be advised that the property assessed as 47 Glenwood was struck to
the City of Buffalo at the In Rem #26 Foreclosure Action held October 26, 1992.
Upon checking our records, we find that a legal notice was sent in June
1992 to Jeff and Patricia Turner advising of pending foreclosure action for 47
Glenwood. In conversation with one of our clerks on July 22, 1992, the owners
were advised that the taxes must be paid in full in order to avoid foreclosure.
If Mr. & Mrs. Turner have an interest in regaining title to this
property, they should contact our Real Estate Division for further information.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 31
Liquor License Requests
Item No. 96, C.C.P. 03/21/95
We reviewed our tax files to determine if the individuals and/or
corporations applying for a liquor license owe real property tax, sewer rent,
local assessment and occupancy tax. Please be advised of the following:
1) 864 Kenmore is assessed to Harry E. & Arthur A. Lorenzo, 1366 Statler
Towers, Buffalo, New York. The City tax, sewer rent and occupancy tax are
paid. We do not show a local assessment or ownership of property in the City
of Buffalo under the business name of Paddy's Pub & Restaurant, Inc.
2) 414 Pearl assessed as 416 Pearl and assessed to Garvey Enterprises, 416
Pearl, Buffalo, New York. Our records show the following City tax and sewer
rent unpaid as of March 24, 1995:
93-94 City Tax $13,649.97 (includes $10 collection fee)
1994-95 1st half City Tax 5,664.06
1994-95 2nd half City Tax 5,664.06
1994-95 Sewer Rent 442.46
(Interest computed as of 3/31/95)
The occupancy tax is paid. We do not show a local assessment or
ownership of property in the City of Buffalo under the business names of Albert
O'Caseys/Sean-Joseph, Inc.
REFERRED TO THE COMMITTEE ON FINANCE.
FROM THE COMMISSIONER OF PUBLIC WORKS
No. 32
Extension of Contract No. 91770200
Filtration Plant Improvements - Filter
Instrumentation Replacement
In accordance with the terms of the contract between the City
of Buffalo and John W. Danforth Company, City Contract No. 91770200, Filtration
Plant Improvements - Filter Instrumentation Replacement, the work called for in
this contract was scheduled to be completed by February 13, 1995.
The contractor has requested an extension of time in this contract to
complete the refurbishment of two remaining 30" sewer valves and for the work
associated with the installation of the Conant diverter valves. The contractor
understands there will be no cost impact due to this extension of time.
Accordingly, I have granted an extension of time in the contract with
John W. Danforth Company.
The new completion date for this contract is April 15, 1995.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 33
Notification Serial #8493
Repeal of Permissive Parking
on Niagara Street, west side between
Georgia Street and Carolina Street
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
PROHIBITED LOCATION PERIOD PERMISS. PKG DAILY
Niagara Street, west side 2 hour parking 7:00 a.m. - 7:00 p.m.
between the south curb line Except Sunday
of Georgia Street extended
and the north curb line of
Carolina Street extended
This action is being taken at the request of the Parking Enforcement
Division.
Notification Serial #8494
Install No Parking
on Niagara Street, west side between
Georgia Street and Carolina Street
NO PARKING - INSTALL
In conformity with Section 49 of Chapter 479 of the Ordinances of the
City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this
action supplementing, amending, or repealing existing 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
City of Buffalo be supplemented by adding thereto the following: NO PARKING
PROHIBITED LOCATION PROHIBITED PERIOD DAILY
Niagara Street, west side No Parking Anytime
between the south curb line
of Georgia Street extended
and the north curb line of
Carolina Street extended
This action is being taken at the request of the Parking Enforcement
Division.
Notification Serial #8495
Parking Meters - Repeal East North Street,
north side from Ellicott
Street to a point 275' west therefrom
PARKING METERS - REPEAL
In conformity with Section 49 of Chapter 479 of the Ordinances of the
City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this
action supplementing, amending, or repealing existing provisions of Chapter 479
of the Ordinances, as stated below, to be effective forty five days after the
first Council meeting at which they appear on the agenda as an item business.
That that part of Subdivision 3 Section 33 of Chapter 479 of Ordinances
of the City of Buffalo be supplemented by repealing therefrom the following:
PARKING METERS
HIGHWAY LOCATION PORTION OF HIGHWAY
East North Street, from Ellicott Street
north side to a point 275' west therefrom
This action is being taken in conjunction with the installation of a
prohibited parking zone for school bus pick-up/discharge. (See next four (4)
serials)
Notification Serial #8496
Repeal of Permissive Parking on East North
Street, north side between Main Street
and Michigan 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 LOCATION PERIOD PERMISS. PKG - DAILY
East North Street, north side 2 hour parking
between Main Street 7:00 a.m. - 7:00 p.m.
and Michigan Avenue except Sunday
This action is being taken in conjunction with the installation of a
prohibited parking zone for school bus pick-up/discharge. (See previous serial
and next three (3) serials)
Notification Serial #8497
Install No Parking on East North Street,
north side from Ellicott Street
to a point 275'west therefrom
NO PARKING - INSTALL
In conformity with Section 49 of Chapter 479 of the Ordinances of the
City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this
action supplementing, amending, or repealing existing 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 City of Buffalo be supplemented by adding thereto the following: NO
PARKING
PROHIBITED PTN HIGHWAY PROHIBITED PRD - DAILY
East North Street, north side 8:00 a.m. - 5:00 p.m.
from Ellicott Street except Saturday and
Sunday
to a point 275' west therefrom
This action is being taken to provide a safe, out of traffic staging area
for school bus pick-up/discharge for The Buffalo Hearing and Speech Center.
(See previous two (2) serials and next two (2) serials)
Notification Serial #8498
Permissive Parking on East North Street,
north side from Main Street to a point
275' west of Ellicott Street
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, 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 adding thereto the following:
PERMISSIVE PARKING
PERMISSIVE PKG LOCATION PERIOD. PKG - DAILY
East North Street, north side 2 hour parking
from Main Street 7:00 a.m. - 7:00 p.m.
to a point 275' west except Sat. and Sun.
west of Ellicott Street
This action is being taken in conjunction with the installation of a
prohibited parking zone for school bus pick-up/discharge. (See previous three
(3) serials and next serial)
Notification Serial #8499
Permissive Parking on East North Street,
north side between Michigan
Avenue and Ellicott Street
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, 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 adding thereto the following:
PERMISSIVE PARKING
PERMISSIVE PKG LOCATION PERIOD OF PKG - DAILY
East North Street, north side 2 hour parking
between Michigan Avenue 7:00 a.m. - 7:00 p.m.
and Ellicott Street except Saturday
and Sunday
This action is being taken in conjunction with the installation of a
prohibited parking zone for school bus pick-up/discharge. (See previous four
(4) serials)
Notification Serial #8500
Repeat No Left Turn (Every Day) on Elmwood
Avenue, southbound at Rockwell Road
REGULATION OF TURNS - 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 Section 37 of Chapter 479 of Ordinances of the City of
Buffbao be supplemented by repealing therefrom the following: REGULATION OF
TURNS
STREET AT INTERSECTION HOURS
Elmwood Avenue Rockwell Road Daily
DIRECTION PROHIBITION 7:00 a.m.-
Southbound No Left Turn 10:00 a.m.
7:00
a.m. - 10:00 a.m.
This change is being made in order to better accommodate weekend visitors
to the Albright-Knox Art Gallery. (See following serial)
Notification Serial #8501
Install No Left Turn (Week Days Only) on
Elmwood Avenue, southbound at Rockwell Road
REGULATION OF TURNS - 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 Section 37 of Chapter 479 of Ordinances of the City of
Buffalo be supplemented by adding thereto the following: REGULATION OF TURNS
STREET AT INTERSECTION HOURS
Elmwood Avenue Rockwell Road 7:00 a.m. -
DIRECTION PROHIBITION 10:00 a.m
Southbound No Left Turn Mon.-Fri.
This change is being made in order to better accommodate weekend visitors
to the Albright-Knox Art Gallery.(See previous serial)
Notification Serial #8502
Police Emergency - all way stop signs
Michigan Avenue at Peny Street
STOP SIGNS
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 of Section 11 of Chapter 479 of
Ordinances of the City of Buffalo be supplemented by adding thereto the
following: STOP SIGNS
VEHICLES ON SHALL STOP BEFORE ENTERING
Michigan Avenue Perry Street
This action is necessary due to:
1) Construction of the new Crossroads Arena and it's associated
increase in traffic/construction activity.
2) Reconstruction of the New York State Thruway having detoured
traffic to these thoroughfares (beginning March 20, 1995) and several (minor)
accidents having already occurred.
These stop signs will be replaced with a traffic control signal,
scheduled for construction in July-August, 1995.
RECEIVED AND FILED.
No. 34
Report of Bids
Filtration Plant Improvements
Flocculation System Improvements
Contract No. 7E and 7G
As authorized by your Honorable Body in Item No. 19 of December
10, 1991 plans an specifications were prepared and sealed proposals accepted
for Filtration Plant Improvements Flocculation System Improvements, Contract
No. 7E and 7G.
I submit the following report of all bids received which were opened in
my office at 1 1:00 a.m. on Monday, March 13, 1995:
Contract No. 7E - Electrical Construction:
Ferguson Electric Construction Company, Inc.
333 Ellicott Street
Buffalo, New York 14203 $148,950.00
CIR Electrical Construction Corp.
1067 Harlem Road
Buffalo, New York 14227 $156,980.00
Buffalo Motor and Generator Corp.
175 Ohio Street
Buffalo, New York 14203 $169,160.00
Tunney Electric, Inc.
955 Casey Road
East Amherst, New York 14051 $169,735.00
Fischbach and Moore, Inc.
101 South Avenue
West Seneca, New York $179,000.00
Frey Electric Construction Company
1300 Military Road
Buffalo, New York 14217 $179,000.00
Industrial Power & Lighting Corp.
701 Seneca Street
Buffalo, New York 14210 $183,800.00
Weydman Electric, Inc,
747 Young Street
Tonawanda, New York 14150-4192 $215,747.00
All bids have been reviewed by the Division of Water and the Consulting
Engineer and found to be fair and equitable.
I hereby certify that the foregoing is a true and correct statement of
all bids received and that Ferguson Electric Construction Company, Inc. is the
lowest responsible bidder complying with the specifications for Filtration
Plant Improvements, Flocculation System Improvements, Contract No. 7E -
Electrical Construction, with their bid of $148,950.00.
I respectfully request that your Honorable Body authorize the
Commissioner of Public Works to enter into a contract with Ferguson Electric
Construction Company, Inc. for the above work in the amount of $148,950.00 and
same be charged to the Division of Water's 416-982-01900-000 Capital Projects
account.
The Engineer's estimate for this work was $200,000.00.
Contract No. 7G - General Construction:
John W. Danforth Company
1940 Fillmore Avenue
Buffalo, New York 14214-2992 $1,054,000.00
Hohl Industrial Sales Company, Inc.
95 Stark Street
Tonawanda, New York 14150 $1,097,000.00
Joseph Davis, Inc.
120 W. Tupper Street
Buffalo, New York 14201-2192 $1,337,000.00
Butler Construction Company of WNY, Inc.
63 Zoar Valley Road
PO Box 500
Springville, New York 14141 $1,404,500.00
Amherst Construction, Inc.
150 Milton Street
Williamsville, New York 14221 $1,425,000.00
All bids have been reviewed by the Division of Water and the Consulting
Engineer and found to be fair and equitable.
I hereby certify that the foregoing is a true and correct statement of
all bids received and that John W. Danforth Company, 1940 Fillmore Avenue,
Buffalo, New York is the lowest responsible bidder complying with the
specifications for Filtration Plant Improvements, Flocculation System
Improvements, Contract No. 7G - General Construction, with their bid of
$1,054,000.00 and same be charged to the Division of Water's 416-982-019-00-000
Capital projects Account.
I respectfully request that your Honorable Body authorize the
Commissioner of Public Works to enter into a contract with John W. Danforth
Company for the above work in the amount of $1,054,000.00 and same be charged
to the Division of Waters 416-982-019-00-000 Capital Projects account.
The Engineer's estimate for this work was $1,400,000.00.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 35
Report of Bids
New Watermains at Crossroads Area
As authorized by your Honorable Body in Item No. 122 of May 31,
1994 plans and specifications were prepared and sealed proposals accepted for
New Watermains at the Crossroads Area.
I submit the following report of all bids received which were opened in
my office at 11:00 a.m. on Wednesday, March 15, 1995:
Visone Construction, Inc.
79 Sheldon Avenue
Depew, New York 14043 $855,803.00
MPJ Contracting, Inc.
68 Churchill Street
Buffalo, New York 14207 $927,675.50
Kandey Company, Inc.
19 Ransier Drive
West Seneca, New York 14224 $1,038,888.00
Mar-Wal Construction
440 Gould Avenue
Depew, New York 14043 $1,064,350.00
Nichter Construction Company, Inc.
344 Vulcan Street
Buffalo, New York 14207 $1,081,080.00
Sergi Construction, Inc.
74 Insbrook Court
East Amherst, NY 14051 $1,115,355.00
Pinto Construction Services, Inc.
1 Babcock Street
Buffalo, New York 14210 $1,351,762.00
All bids have been reviewed by the Division of Water and the Consulting
Engineer and found to be fair and equitable.
I hereby certify that the foregoing is a true and correct statement of
all bids received and that Visone Construction, Inc., 79 Sheldon Avenue, Depew,
New York is the lowest responsible bidder complying with the specifications for
New Watermains at the Crossroads Area with their bid of $855,803.00.
I respectfully request that your Honorable Body authorize the
Commissioner of Public Works to enter into a contract with Visone Construction,
Inc. for the above work the cost thereof to be charged to the Buffalo Water
Authority's Capital Project Account (number to be established) in the amount of
$855,803.00 for the base bid plus approved unit prices for an additional
$85,600.00 for a total encumbrance of $941,403.00.
The Engineer's estimate for this work was $1,300,005.00.
Mr. Pitts moved:
That the communication from the Department of Public Works, dated March
24, 1995, be received and filed; and
That the Commissioner of Public Works be, and he hereby is, authorized to
award a contract for New Watermains at Crossroads Arena to Visone Construction,
Inc., the lowest responsible bidder, in the amount of $855,803.00, plus
approved unit prices for an additional amount of $85,600.00 for a total
encumbrance of $941,403.00, with said cost to be charged to the Buffalo Water
Authority's Capital Project Account (number to be established).
PASSED.
AYES- 13 NOES- 0.
No. 36
Change Order No. 1 - Waterline Replacement
Amherst and Linden Streets
Contract No. 91755300
I hereby submit to your Honorable Body the following Change Order
No. I with Nichter Construction Company, Inc. for work relating to Waterline
Replacement Amherst and Linden Streets, Contract No. 91 755300:
New Work Item No. 1
Install new 8' connection to the Buffalo Zoo from the corner of Amherst
Street and Colvin Avenue. The existing 8" water service to the Buffalo Zoo is
in very poor condition and will most likely require repair in the near future.
This work is also being performed in anticipation of reconstruction of the
street.
Increase: $13,000.00
New Work Item No. 2
Open-cut replacement of farside services on Linden Street between Colvin
and Parkside. Due to conflicts in elevations of existing City of Buffalo Fire
Communications duct band and two (2) existing sewers, the contractor was unable
to proceed with normal operations of pushing new copper service pipe underneath
the pavement. A total of 35 services shall be open cut for a cost of $1,853.71
each which includes full depth asphalt repairs.
Increase: 65,000.00
New Work Item No. 3
Alignment revision on Amherst Street due to gas line interference.
During the construction on Amherst Street a gas transmission pipe was
encountered in a location other than that provided by the National Fuel Gas
Company. The true location of the gas main necessitated the relocation of the
proposed 12" watermain. Since this could not be anticipated by the engineer or
the contractor a price for installing the pipe in the revised alignment has
been obtained from the contractor. The original alignment was outside the curb
and required no pavement restoration. The new alignment required the
installation of the watermain in the pavement area. This results in a
substantial cost difference. The contractor's price includes removal and
alignment of approximately 40' of 12" watermain installed prior to identifying
the conflict. Their total price is $117,519.18 less the credit for the
original alignment $59,987.75 for a net extra of $57,537.43.
Increase: $ 57,537.43
Costs have been reviewed by the Department of Public Works and the
Consulting Engineer and found to be fair and equitable.
SUMMARY:
Original amount of Contract $768,405.00
Amount of Change Order No. 1 - Increase $135,537.43
Current Amount of Contract $ 903,942.43
Funds in the amount of $135,537.43 are available in the Division of
Water's 416-982003-00-000 Capital Project Fund.
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.
Mr. Pitts moved:
That the communication from the Department of Public Works, dated March
21, 1995, be received and filed; and
That the Commissioner of Public Works be, and he hereby is, authorized to
issue change order #1 to Nichter Construction Company, Inc., changes resulting
in a net increase in the amount of $135,537.43, as more fully described in the
above communication, for work relating to Waterline Replacement Amherst and
Linden Streets, Contract No. 91755300. Funds to be charged to the Division of
Water's 416-982-003-00-000 Capital Project Fund.
PASSED.
AYES- 13 NOES- 0.
No. 37
Damaged Guardrail
on Fuhrmann Boulevard
I hereby request permission of Your Honorable Body to hire a contractor
to replace approximately two hundred and fifty feet (2501) of guardrail and
posts knocked down on Fuhrmann Boulevard. Due to the urgency of this matter,
the Commissioner of Public Works would like to receive informal bids and order
the work done.
Funds for this work are available in the Division of Engineering Account
No. 200-401-023. The Department of Public Works will report the results of the
bids when received to the Council.
Mr. Pitts moved:
That the communication from the Department of Public Works, dated March
21, 1995, be received and filed; and
That the Commissioner of Public Works be, and he hereby is, authorized to
receive informal bids and award a contract for the Replacement of Guardrail and
posts on Fuhrmann Boulevard, with said cost to be charged against the Division
of Engineering Account No. 200-401-023. The Commissioner of Public Works shall
report back to the Common Council the results of such bids.
PASSED.
AYES- 13 NOES- 0.
No. 38
Broadway at Ellicott Streets;
Fence Within Right-of-Way
Mr. Richard A. Serra, President of Allright Parking Inc., has
requested permission to occupy City right-of-way with an aluminum fence,
measuring six (6) feet in height, recently installed at Broadway, northwest
corner Ellicott Street.
The installation of this fence within City right-of-way enables Allright
Parking to park several more vehicles utilizing City property as opposed to
private property.
Therefore, the Department of Public Works has no objection to Your
Honorable Body authorizing the Commissioner of Public Works to issue a "Mere
License" permitting the above mentioned fencing to remain within City
right-of-way provided the following conditions are met.
1. That any and all other applicable City of Buffalo permits are also
obtained.
2. That the applicant be responsible for maintaining said fence as long as
it remains within City right-of-way.
3. That the Department of Public Works is provided with a certificate of
insurance holding the City harmless with regards to accident or injury caused
by the maintenance, use, or removal of said fence.
4. That the applicant be assessed an annual fee of $1.00 per linear foot of
City right-of-way occupied by said fence.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 39
Request for Additional Information
Permission to Engage Consulting Engineer
Colonel Ward Valve House Rehabilitation
Division of Water
Item No. 46, C.C.P. 3/21/95
Per your request at Finance Committee Meeting of 3/28/95, I am
furnishing the following information:
Due to the unique character of the work involved in the rehabilitation of
the 80 year old Valve House and the urgency in need to begin work this spring,
and inasmuch as R & D Engineering has immediate experience that is applicable
and will expedite the engineering, it is our decision to not solicit REP's but
rather grant a professional services contract to R & D in an amount not to
exceed $80,000 for the previously described work.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 40
Certificate of Appointment
Appointment effective March 13, 1995 in the Department of Public
Works, Division of Buildings, Kathleen J. Ellis, 945 West Avenue, Buffalo
14213 to the position of Account Clerk Typist, Permanent, at the Maximum
Starting Salary of $ 23,588.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
No. 41
Certificate of Appointment
Appointment effective March 27, 1995 in the Department of Public
Works Division of Water, Judy Banks, 462 Woodward Avenue, Buffalo, 14216, to
the Position of Senior Clerk, Permanent, at the Maximum Starting Salary of
$23,919.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
FROM THE COMMISSIONER OF PARKS
No. 42
Proposed Lease Agreement
McMillan Courts
Item No. 117, May 31, 1994
Last year, Your Honorable Body authorized the Parks Commissioner
to negotiate an agreement that allows a private tennis professional to provide
tennis programs "for pay" at Delaware McMillan Courts in return for a free
tennis program in other areas of the City. (C.C.P. May 31, 1994, No. 117).
We have negotiated an agreement with Al Litto of 341 Ontario Street
Buffalo, New York to operate the McMillan Tennis Courts located at Delaware
Avenue and Nottingham Terrace, Buffalo, New York. A copy of this agreement is
attached for your review.
The program should be considered as a one-year pilot program to be
reviewed in the Fall of 1995. As stated in the agreement, the City retains the
right of review and cancellation if the program is not living up to
expectations.
The Operator agrees to organize and run a free City Tennis Program for
Kids to include tournaments, clinics and leagues in various areas of the City
in return for the right to use the McMillan Courts in Delaware Park for a "for
profit" Tennis school and program.
We request the approval of the Council so that the program can begin in
late spring of this year.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 43
Deficit Reduction & Payroll Deferment
Res. 199, C.C.P. 3/7/95-Deficit Reduction
Res. 204, C.C.P. 3/7/95-Payroll Deferment
The City of Buffalo, Department of Parks, Recreation and Forestry,
provides daily direct service to the residents of the City. It goes without
saying that further manpower cutbacks would be devastating to Parks operations.
My office would fully support any effort made by the Department of
Administration and Finance to implement a cost savings plan that would reduce
potential layoffs. It is understood that the success of any such plan is
contingent upon the cooperation of all municipal union and elected officials,
the Comptroller's Office and the Board of Education.
RECEIVED AND FILED.
FROM THE COMMISSIONER OF POLICE
No. 44
Purchase of Repeater System
For Buffalo Police Department
Drug Interdiction Team By
District Attorney's Office
For your information, please be advised that the District Attorney's
Office, through a sub-agreement entered into with the City of Buffalo, is
providing $4,850 to the Buffalo Police Department's Drug Interdiction Team for
the purchase of a "repeater system." It is our understanding that the
District Attorney's Office is participating in a multijurisdictional grant
program and as part of their cash match requirements, will provide the funding
for the Buffalo Police Department to purchase this repeater system. This
system will be able to be placed in undercover vehicles to boost the signals to
surveillance teams when working with informants and/or officers who wear body
wires. This will enhance the safety precautions taken when covert operations
are being conducted.
The Department was unable to purchase this system with funding from their
own Drug Interdiction/Points of Entry grant funds due to a cutback in funding
from last year; the District Attorney's Office, as part of their program
objectives, will provide the $4,850.00 to secure this system to enhance
investigative surveillance for the Buffalo Police Department.
We are respectfully requesting permission from your Honorable Body to
accept these funds.
If you have any questions, please contact Report Technician Maureen
Oakley of our Grants Section or Lieutenant Stephen Nicosia of our Narcotics
Unit at 851-4475.
REFERRED TO THE COMMITTEE ON FINANCE, THE COMPTROLLER AND THE CORPORATION
COUNSEL.
FROM THE COMMISSIONER OF FIRE
No. 45
User Fees for Five Service/Other Municipalities
Item No. 200, C.C.P. 03/21/95
Since January 1, 1994 the Buffalo Fire Department has responded
to Lackawanna, New York 3 times, under an informal mutual aid agreement, to
fight a fire there.
On the last incident, which occurred on March 13, 1995, the fire was
first reported to the Buffalo Fire Department as being within the Buffalo City
limits, therefore prompting a full response of 3 engines, 2 ladders, I rescue
and 2 chiefs from our Department, Upon arrival, the Buffalo Fire Department
began to fight the fire but notified Lackawanna that the fire was actually in
their jurisdiction and required their response. Upon the arrival of the
Lackawanna Fire Department, Buffalo firefighters continued to control the fire
until Lackawanna had their hydrants connected and hose lines in place, before
gradually withdrawing.
During the incident, fire protection in the South Buffalo area of the
Sixth Battalion was depleted. There was a poor reaction on the part of our
dispatchers, and other fire companies were not shifted into the area in a
timely fashion. The dispatchers were reprimanded, and steps have been taken to
assure that this part of the incident does not repeat itself
We have not determined how much it costs us to respond to Lackawanna,
and we are currently attempting to come up with that data. Much depends on the
amount of time spent there, and the number of fire companies that respond. A
suggested starting point would be $20.00 per hour for each firefighter and
$100.00 for each fire truck. For the March 13th incident, the amount charged
would be about $1,260.00. Perhaps a minimum fee of $5,000.00 should be charged
for each incident of mutual aid. This is a relatively small amount of money to
charge Lackawanna, and in view of the fact that it would cost them much more to
be properly staffed, this proposal may be receptive to them.
In this particular type of incident, should we charge if we are notified
first and initiate action at the scene, or should we stand by at the fire scene
until Lackawanna arrives and makes a decision to request our help? Until these
decisions arc made, I have made an agreement with Lackawanna Fire Chief,
Stanley Kaminski, to continue our response when called upon. Chief Kaminski
agreed not to call the Buffalo Fire Department until his off duty personnel
have been notified to respond and all other means to put out the fire have been
exhausted.
I think it would be imprudent to impose any fees upon communities which
have volunteer fire departments, since there is a far greater likelihood that
they would respond to Buffalo under mutual aid than we would respond to them A
fee in this case would be counterproductive in my view.
I have requested that the Deputy Commissioners, Battalion and Division
Chiefs remain alert to the need for shifting fire apparatus to South Buffalo
and other areas in the event of mutual aid response to the suburbs.
It may also be of interest to note that once the computer aided dispatch
(CAD) system is operating, these situations will be even more firmly addressed.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 46
Certificate of Appointment
Appointment effective March 16, 1995 in the Department of Fire,
Bryan Herring, 122 Brunswick Blvd., Buffalo, 14208, to the Position of
Firefighter, Permanent, at the intermediate Starting Salary of
$3 2,980.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
No. 47
Certificate of Appointment
Appointment effective March 16, 1995 in the Department of Fire,
Bart Sumbrum, 49 Oakhurst, Buffalo 14220, to the Position of Firefighter,
permanent, at the maximum Starting Salary of $40,982.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
FROM THE CORPORATION COUNSEL
No. 48
Special Use Permit Process
Item No. 188, C.C.P., 1/24/95
Opinion No. 95-27
This office has received inquiries regarding a proposed special
use permit process for social service facilities including, but not limited to,
soup kitchens, substance abuse treatment facilities, homeless shelters and
residential care facilities. Attached are several proposals that have been
forwarded to this office. We have been specifically requested to address the
ability of a municipality to regulate in this manner in view of possible
preemption or inconsistency with state law and the interplay between a special
use permit process and a moratorium on subject facilities. We offer the
following comments.
A special use permit requirement is, in effect, a permissive zoning
ordinance. The process typically allows an entity to locate in a given area
after obtaining a permit in accordance with criteria established in a zoning
ordinance. Traditionally, municipalities have used special permit requirements
to regulate uses which require special consideration of location because of an
inherent tendency to generate noise, traffic congestion, density of persons
assembling, or otherwise adversely affect the public safety or welfare. 3
Rathkopf, Zoning and Planning Section 41.03 [2][4th ed]. For example, the City
of Buffalo currently regulates adult use establishments under a special use
permit scheme. See, the Code of the City of Buffalo Section 511-94.
The criteria contained in a special use permit ordinance must be
reasonably related to the public's health, safety and welfare. Thus, a zoning
ordinance may properly provide that the granting of a special use permit be
conditioned on the effect the use would have on traffic congestion, property
values, municipal services and the general plan for the development of the
community. Cornell University v, Bagnardi, 68 N.Y.2d 583 (1986).
Depending on the type of facility, a special use permit requirement could
be preempted or considered inconsistent with state regulations. A community
residential facility for the disabled as defined under New York State Mental
Health Law ("MHL") Section 41.34 is subject to the site selection procedures
contained in the MHL. As a result, a local attempt to regulate the location of
this type of housing facility through special use permit zoning would likely be
invalid since it would be preempted by, or considered inconsistent with, the
State site selection procedure. Crane Neck Association, Inc., v, New York
City/Long Island County Services Group, 61 N.Y.2d 154 (1984).
We hasten to add that the regulation of housing facilities also raises
serious legal issues under the Fair Housing Act and other anti-discrimination
laws. If a violation of the Fair Housing Act exists, a Court could impose
injunctive relief and civil penalties up to $50,000 for a first violation.
There is also a potential that attorneys fees may be awarded to the aggrieved
party. Moreover, state judicial decisions have given a broad interpretation to
the term "family" as used in zoning ordinances, thereby creating a greater
spectrum as to what types of entities are allowable in residential districts.
Turning to facilities which do not involve housing, it would appear that
the City would have greater latitude to regulate location through a special
permit use procedure unless location of the subject facility is controlled by
State law, thereby preempting local regulation. For example, the location of
State licensed substance abuse facilities could potentially be regulated under
a local special use permit scheme since the MHL does not preempt local zoning
power for these types of facilities. Incorporated Village of Nyack v. Daytop
Village In , 78 N.Y.2d 500 (1991); American Action League, Inc. v. Palma, 47
A.D.2d 998 (4th Dept 1975).
The Mayor is currently developing a special use permit ordinance for your
consideration. To assist in its development, it would be helpful to have a
listing of subject facilities and their proposed use so that the issues
identified above can be addressed. Such a listing, along with the location of
subject facilities, would also serve the additional purpose of providing
legislative factual findings which generally precede the enactment of an
ordinance.
With respect to the interplay between a special use permit process and a
moratorium, it would seem that both methods have their place depending on the
purpose of the legislation. A moratorium differs from a special use permit
procedure in that a moratorium is usually a precurse to a zoning measure and a
special use permit scheme is an actual zoning measure. In the event of a legal
challenge, it would appear that the flexible case by case balancing approach of
a special us permit process may be more defensible than a moratorium which
typically imposes a blanket prohibition for a designated period of time.
If there are any further questions, please do not hesitate to contact
this office.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 49
Skillen Street Residential Overlay
Parking District
Item No. 221, C.C.P., 3/21/95
You have requested the Department of Law to respond to the resolution
which proposes to create a residential parking overlay district along Skillen
Street between Ontario Street and Vulcan Avenue.
We stand ready to assist in the creation of a residential parking overlay
district for Skillen Street. However, we await the responses from the Planning
Board, the Department of Public Works and the Department of Inspections and
Community Revitalization to appraise us of any questions or problems which may
arise that would impact on the drafting of any appropriate legislation.
If you have any further questions, please do not hesitate to contact this
office.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 50
Crossroads Project Concession Sublease
Attached is a draft of the Concession Sublease between Niagara
Frontier Hockey, L.P. and Buffalo Sabres Concession LLC.
REFERRED TO THE AUDITORIUM AND STADIUM TASK FORCE.
No. 51
Crossroads Project-Request Meeting-Bed Tax Agreement
Attached are letters sent to Erie County Executive Dennis T. Gorski
and Erie County Comptroller Nancy Naples on March 23, 1995 requesting a meeting
between them and the Common Council to discuss Erie County's proposed First
Amendment to the Bed Tax Litigation Settlement Agreement.
REFERRED TO THE AUDITORIUM AND STADIUM TASK FORCE.
No. 52
Crossroads Project Lenders Cooperation Agreement
Attached is a copy of a letter from Sharon L. Wick, Esq. of Phillips,
Lytle, Hitchcock, Blaine & Huber, containing a summary of material bank issues
with respect to the Cooperation Agreement.
REFERRED TO THE AUDITORIUM AND STADIUM TASK FORCE.
No. 53
Crossroads Project - Monthly Construction Report
Attached is Paul Andrzejewski's monthly construction report covering
activity at the Crossroads site in February, 1995.
REFERRED TO THE AUDITORIUM AND STADIUM TASK FORCE.
FROM THE COMMISSIONER OF COMMUNITY DEVELOPMENT
No. 54
Martin Luther King Jr. Park Pool
Permission to hire Consultant
We are requesting permission of Your Honorable Body to hire consultant
to develop plans, cost estimates, and specifications to redevelop the former
wading pool in the park. Funds for this work are available in Bond Fund
Account 200-717-006.
Pitts moved:
That the communication from the Department of Community Development
dated, March 28, 1995 be received and filed; and
That the Commissioner of Community Development be, and he hereby is
authorized to engage the services of a consultant to develop plans, cost
estimates, and specifications to redevelop the Martin Luther King Jr. Park
Pool. Funds for this project are available in Bond Fund Account 200-717-006.
PASSED.
AYES- 13 NOES- 0.
No. 55
Increase in Contract - Engineering Design Services
Exchange Street - Carroll Street Reconstruction
I herewith submit to Your Honorable Body the following increase
in contract #91794300 with TVGA Engineering, Surveying, P.C. related to the
design and reconstruction of Exchange and Carroll Streets:
1.) Modifications to Project Initiation Report to incorporate TCI
building traffic projections. Also intersection design improvements beyond the
original project scope at the following locations:
-Seneca @ Chicago
-Exchange @ Chicago
- Exchange @ Smith (new connection)
2.) Additional fees for work associated with requirements pertaining
to Railroad Law Section 91 Alteration and or Rehabilitation of Existing RR
Crossing. Design and present all possible alternatives and cost estimates at
mandatory hearing with the New York State Department of Transportation.
Add $ 6,895.00
Total Add $10,495.00
A contract summary is as follows:
Original Contract Amount $112,467.00
Amount this Change #1 $ 10,495.00
Revised Contract Amount $122,962.00
This project involves the reconstruction of Carroll Street from
Louisiana to Chicago and construction of a new segment of Exchange Street from
Griffin to Smith. Funds for this additional design work are available in
Community Development Bond Fund 200-717-041. The fees were negotiated in
conjunction with the Department of Public Works who are providing major
assistance to this project.
I therefore recommend that Your Honorable Body authorize the Commissioner
of Community Development to issue a change order to TVGA as set forth above.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 56
Permission to Accept Fund Transfer
Neighborhood Information Center Renovations
168-1170 Broadway, Buffalo, New York
I respectfully request that Your Honorable Body authorize the
acceptance of a fun transfer from the following Community Development Block
Grant (CDBG) account for renovations at 1168-1170 Broadway:
From:
CDBG Account #93-10200
To:
C.P.A. Account #200-717-070
Amount
$75,000
This transfer in the amount of $75,000 will supplement funds presently
available in Division of Development Capital Project Account #200-717-070.
This transfer of CDBG funds was approved by BURA on 3/9/95 - item 3d.
Construction bids in the amount of $297,882 were approved by Your
Honorable Body, item #55, CCP 1/24/95.
Mr. Pitts moved:
That the communication from the Commissioner of Community Development,
dated March 27, 1995; be received and filed; and
That the Commissioner of Community Development be, and he hereby is
authorized to accept a transfer of funds in the amount of $75,000 from
Community Development Block Grant account to supplement funds presently
available in Division of Development Capital Project Account #200-717-070 for
Neighborhood Information Center Renovations at 1168-1170 Broadway.
PASSED.
AYES - 13 NOES - 0.
FROM THE COMMISSIONER OF INSPECTIONS AND COMMUNITY REVITALIZATION
No. 57
Re: Transfer of Title, Urban Homestead Program
58 Pershing Street
Lot Size 10 x 117
The Department of Inspections and Community Revitalization has
surveyed the city-owned lot at 56 Pershing Street lot size 10 x 117 and it
has been determined that the parcel of
and is inappropriate for neither construction of new housing nor the,
construction of public recreation facilities.
Lucy Walkens, 56 Pershing Street indicated that she will clean, improve,
and maintain the lot in the event that she obtain title to the property under
the Urban Homestead Program.
A letter was sent to: Johnnie L. Hardy, 60 Pershing Street, the other
adjacent property owner, giving them until March 15, 1995, to express interest
in obtaining 59-Pershing Street under the Urban Homestead Program. We have
received no response.
We, therefore, recommend that the city-owned vacant lot be designated as
a homestead property and be transferred to Lucy Walkens, 56 Pershing Street on
the condition the property is cleared and improved within six (6) months and
the property is maintained in a sanitary manner for at least thirty-six (36)
months.
Mr. Pitts Moved:
That the communication from the Department of Inspections and Community
Revitalization, be received and filed; and
That the City-owned property commonly known as 58 Pershing Street, is
hereby designated as Homestead Property, and that the Mayor be, and he hereby
is, authorized to execute a deed transferring said property to Lucy Walkens, 56
Pershing Street, for the amount of $1.00 (One Dollar), and all costs of
transfer, on the condition the property is cleared and improved within 6 (six)
months and the property is maintained in a sanitary manner for at least 36
(thirty-six) months.
PASSED.
AYES - 13 NOES - 0.
No. 58
Transfer of Title, Urban Homestead Program
56 Thomas Street
Lot Size 25 x 115
The Department of Inspections and Community Development surveyed
the city-owned lot at 56 Thomas Street, lot size 25 x 115 and it has been
determined that the parcel of land is inappropriate for neither construction of
new housing nor the, construction of public recreation facilities.
Mr. Michael Lasek, Sr., 54 Thomas Street, indicated that he will clean,
improve, and maintain the lot in the event that he obtain title to the property
under the Urban Homestead Program.
A letter was sent to: Patricia Michalek, 58 Thomas, the other adjacent
property owner, giving them until March 15, 1995 to express interest in
obtaining 56 Thomas Street under the Urban Homestead Program. We have received
no responses.
We, therefore, recommend that the city-owned vacant lot be designated as
a homestead property and be transferred to Mr. Michael-Lasek, Sr, 54 Thomas
Street, on the condition the property is cleared and improved within six (6)
months and the property is maintained in a sanitary manner for at least
thirty-six (36) months.
Mr. Pitts moved:
That the communication from the Department of Inspections and Community
Revitalization, be received and filed; and
That the City-owned property commonly known as 56 Thomas Street, is
hereby designated as Homestead Property, and that the Mayor be, and he hereby
is, authorized to execute a deed transferring said property to Mr. Michael
Lasek, Sr., 54 Thomas Street, for the amount of $1.00 (One Dollar), and all
costs of transfer, on the condition the property is cleared and improved within
6 (six) months and the property is maintained in a sanitary manner for at least
36 (thirty-six) months.
PASSED.
AYES - 13 NOES - 0.
No. 59
A. Robinson - Offer to Purchase 74 Eastwood (30'x 87')
Item #82, CCP 02/21/95
The Department of Inspections and Community Revitalization has
no objection to releasing the above city-owned lot.
RECEIVED AND FILED
No. 60
Loan Review Committee Form Rental Rehab Loans:
3 Geary Street
I am respectfully requesting your approval for a total of $48,000
of HOME Rental Rehab funds for the property located at 3 Geary Street. NOTE:
these funds will be loaned at 4% for 20 years (see attached BURA item).
1. 3 Geary Street Owner: Bart Adams
167 Crownland Circle
West Seneca, NY 14224
6 units - two bedrooms each.
REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT.
FROM THE COMMISSIONER OF ADMINISTRATION AND FINANCE
No. 61
User Tax Information
Item No. 179, C.C.P. 3/21/95)
I am pleased at the level of interest that has been generated
by the Mayors remarks. The issue of realizing reimbursement for services
provided to tax-exempt properties is a serious one and has been under
discussion for some time.
Recovering costs through means other than the property tax is important
for at least two reasons: first--and as is often discussed--because of the
amount of property that is exempt. Second, and as important, because state
wide trends indicate that property values will likely decline over the next few
years, dropping tax ceilings, reducing margins and further limiting the use of
property taxes as a revenue. New York City alone lost 42% of its taxing margin
this year due to lower property values; in addition, as you know, Buffalo will
see another shift from the non-homestead to the homestead this year, as values
decline and the amount of commercial property shrinks; the effect will be to
increase tax rates on residential property without generating any additional
money for the city. The bottom line is that, for many reasons, property taxes
cannot be the single answer to budget problems.
Arriving at a means for recovering costs from tax-exempts, though, is
difficult. As you may know, the Mayor met with several of the largest exempt
organizations in the City last April to discuss the idea; we presented them
with a proposal that would have required voluntary contributions by
organizations based on some percentage of their "would-be" tax payment--that
is, the amount of tax they would pay were they to be taxable, At that time, the
organizations did not feel that was a workable plan, and asked that the City
allow them instead to provide "in-kind" services in the area of health care,
purchasing and community-oriented needs. We agreed to test this idea, with the
clear understanding that the City needed real expense relief in the immediate
term.
A year has elapsed since we agreed to that test, and no real means for
relieving expenses has emerged. It is for that reason that the Administration
has returned to the notion of a universal assessment.
Several points are important in discussing the administration's work to
develop such an assessment, First, we felt that the fee needed to be based on
services that were easily identified, easily costed out and provided to all
property owners. Second, we felt that the assessment needed to be based on
services that were being provided in as efficient a manner as possible. Last,
given the fact that user fee proposals have been advanced in the past without
full analysis of their financial and legal implications, we felt it was
important to complete all work before any public discussion began.
For that reason, we are not yet able to enter into public discussion on
the assessment. We anticipate being ready to do that shortly but feel that
premature action could be harmful to a clear understanding of the proposal.
Please be assured that all of the questions identified in your resolution can
and will be answered and that we are working with the Law department and others
toward that end.
We will be notifying your honorable body as soon as our work is complete,
and are grateful for you patience.
I trust this answers your inquiry.
REFERRED TO THE COMMITTEE ON FINANCE
No. 62
User fees for Fire Service/Other Municipalities
Item No. 200, C.C.P. 3/21/95
It is my understanding that fire service is provided to the City
of Lackawanna on a very infrequent basis--approximately three times in the last
three years--and that the assistance is provided as part of Buffalo's
commitment to give "mutual aid" to municipalities that are contiguous to us.
While it would be possible to develop a fee for mutual aid assistance to
Lackawanna (or for that matter to any other municipality), I believe it would
be a far wiser idea to allow mutual aid to continue and to be truly mutual.
Our citizens and firefighters would receive help when they needed it in return
for helping others, and everyone would be safer.
I would oppose the institution of a fee for helping other communities
unless the level of assistance actually provided goes beyond the Fire
Department's understanding of a mutual aid obligation.
I trust this answers your inquiry.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 63
1994-95 Budget Update: Revenues
In the course of preparing the 1995-96 Mayor's recommended budget,
this office has learned that actual receipts in several revenue
categories--particularly sales tax and investment earnings--are more than
likely to come in higher than budgeted. While we have not completed a thorough
review of all accounts, and we know that some areas--for instance, utility tax
revenues--continue to deteriorate, we are of the belief that the overall effect
of the improved revenue numbers will be to reduce the projected current year
gap of $4.3 million.
For this reason, we now believe that action on the IO permanent layoffs,
currently before the Committee of the Whole, is no longer necessary in this
fiscal year.
We continue to request that the Council act on the item concerning the
temporary, as needed closure of at least 1 fire company as a means to reduce
fire department overtime. I believe that the Fire Commissioner has
demonstrated the fact that the closures have no effect on response time; in
addition, as you know, the Department will spend approximately $450,000 in
overtime over the next three months without such action.
Improvements in revenue figures for the current year will not erase the
City's 1995-96 projected budget gap- issues surrounding layoffs, fire company
closures, consolidations, reorganizations, etc. will absolutely be part of the
discussion surrounding that budget.
We provide this information to your honorable body as an update and will
continue to do so as information is available.
REFERRED TO THE COMMITTEE OF THE WHOLE.
No. 64
Pollack Printing - Parking Problems - Employees/Business
Item #115, C.C.P., March 7, 1995
In response to the request of Your Honorable Body, listed below
are the number of tickets issued on a month by month basis in the area
surrounding Pollack Printing since September 1993:
9/93 - 36 5/94 - 32
10/93 - 43 6/94 - 27
11/93 - 37 7/94 - 9
12/93 - 24 8/94 - 21
1/94 - 20 9/94 - 14
2/94 - 24 10/94 - 4
3/94 - 37 11/94 - 30
4/94 - 22 12/94 - 24
1/95 - 31
Richard A. Cymerman's letter alluded to an agreement made prior to
Leonard G. Sciolino's appointment as Director of Parking Enforcement.
Unfortunately, he has inherited this problem relative to the parking around
Pollack Printing.
We feel that employees of this company should not be forced to park on
the street should be looking for off street parking to accommodate Pollack
Printing and their employees.
REFERRED TO THE COMMITTEE ON LEGISLATION AND THE COMMISSIONER OF COMMUNITY
DEVELOPMENT
FROM THE COMMISSIONER OF HUMAN RESOURCES
No. 65
Permission to accept a grant from, The New York State Division of criminal
justice services for the purpose of establishing a Youth Court
I hereby request immediate permission from your Honorable Body
to authorize the Commissioner of Human Resources to accept a grant from the New
York State Division of Criminal Justice Services for the purpose of
establishing a Youth Court.
This grant will enable the Buffalo Division for Youth to provide youth
with an alternative to further involvement in the juvenile justice system, as
detailed in objectives and performance measures and the accompanying "Project
Budget" in the amount of $68,686.00
This Department has reviewed the contract and Mayor Anthony M. Masiello
has executed this agreement in accordance with New York State procedures that
mandate such funds be accepted by the local municipality.
I respectfully request approval of this item.
Mr. Pitts moved:
That the communication from the Department of Human Resources, be
received and filed; and
That the Commissioner of Human Resources be, and he hereby is,
authorized to accept a grant from the New York State Division of Criminal
Justice Services for the purpose of establishing a Youth Court in the amount of
$68,686.00.
Mr. Zuchlewski moved to amend to send this item to the Committee on
Legislation. Seconded by Mr. Franczyk
LOST.
AYES - ARTHUR, FRANCZYK, PERLA, ZUCHLEWSKI - 4
NOES - BELL, COLLINS, COPPOLA, CZAJKA, HELFER, LOCKWOOD, LOTEMPIO, PITTS,
WILLIAMS -
Mr. Pitts now moved his original motion to approve.
Seconded by Mr. Coppola.
PASSED.
AYES - BELL, COLLINS, COPPOLA, CZAJKA, FRANCZYK, HELFER, LOCKWOOD, LOTEMPIO,
PITTS, WILLIAMS, ZUCHLEWSKI - 11.
NOES - ARTHUR, PERLA - 2.
FROM THE CIVIL SERVICE COMMISSION
No. 66
Residency Of Commissioner of I.C.&R.
Enclosed please find information relative to the residency waiver
for Anthony A. Marconi, Commissioner, Department of Inspections and Community
Revitalization.
Please note that a residency waiver was requested by Mayor Masiello on
February 7, 1994, and also by Mr. Marconi on March) 2, 1995.
Should you have any questions, please contact me.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
FROM THE BUFFALO MUNICIPAL HOUSING AUTHORITY
No. 67
Salary Ordinance Amend.
Human Resources
The City of Buffalo Department of Human Resources is presently
under contract with the Buffalo Municipal Housing Authority to conduct
substance abuse prevention services within the federally aided BMHA
developments. Included in this contract are four(4) positions with the title
of "Art Program Aides." These positions, in the past, were filled through
personal service contracts with the City of Buffalo.
Per conversations with the City's Law Department, Commissioner Michael V.
Smith and the fiscal supervisor for the Division of Substance Abuse Services,
Sharon Loubert, it was indicated that the status of these positions would be as
employees of the City of Buffalo. Pursuant to the Law Department's decision,
the Division of Substance Abuse Services requested a budget revision to move
these positions from contractual to personnel lines. The revision also
requested the reallocation of funds to accommodate the City's share of FICA.
The revision has been approved by the BMHA and costs are reimbursable through
the grant. Be advised that the BMHA is only reimbursing for payroll and the
employer's portion of FICA. There are no other benefit costs associated with
these positions.
In conclusion, this particular grant is funded by the U.S. Department of
Housing and Urban Development and is earmarked for services within our
federally aided developments only Therefore, the persons filling these
positions are only authorized to perform services within the above referenced
developments.
If you require any further clarification regarding this matter, please do
not hesitate to contact my office.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
FROM THE CITY CLERK
No. 68
Consent Decree Payment for Good Neighbor Committee
Please be advised that I have received, and deposited with the
Comptroller, on March 27, 1995, a check in the amount of $5,000 from Forenco,
Inc. This check represents payment made pursuant to a consent decree between
the Atlantic States Legal Foundation vs. Buffalo Envelope. The Council by
Item #206, C.C.P. March 7, 1995 voted to accept these funds.
RECEIVED AND FILED.
No. 69
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
140 North St. North Street Cafe David Salisbury
397 Babcock Goody's Place James Goodfellow
86 Ledger St. Goodfellow's Backstreet Diane Gallo
REFERRED TO THE COMMITTEE ON FINANCE, THE COMMISSIONER OF ASSESSMENT, THE
COMMISSIONER OF PUBLIC WORKS, AND THE COMMISSIONER OF INSPECTIONS AND COMMUNITY
REVITALIZATION.
No. 70
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:
Assessment- Rose Barone
Public Works- David Gardner
RECEIVED AND FILED.
No. 71
Reports of Attendance
I transmit herewith communications received by me, from the various
boards, commissions, agencies and authorities reporting the membership
attendance at their respective meetings:
Board of Ethics
City Planning Board
RECEIVED AND FILED.
No. 72
Notices of Appointments - Council Interns
I transmit herewith appointments to the position of Council Intern.
Mr. Pitts moved the approval of the appointments to the position of
Council Intern.
ADOPTED.
Appointment effective March 13,1995 in the Department of Common Council,
Thomas J. Hryvniak, 371 Peckham, Buffalo, N.Y. 14206, to the Position of IV,
Seasonal, at the Flat Starting Salary of $ 6.00.
Appointment effective March 22, 1995, in the Department of Common
Council, Sarah A. Bihl, 170 Amherst St., Buffalo, NY 14207, to the Position of
Intern IV, seasonal, at the flat Starting Salary of $6.00 per hr.
Appointment effective March 28, 1995 in the Department of Common Council,
Eric Cunningham, 19 Doyle, Buffalo, N.Y. 14207, to the Position of Intern IV,
Seasonal, at the Flat Starting Salary of $6.00.
Appointment effective March 21, 1995 in the Department of Common Council
to the Position of Intern V, Seasonal, at the flat Starting Salary of $8.00 per
hr.
Nicole L. Notaro, 404 Hinman Ave. Buffalo, NY 14216
Nancy Starzynski, 316 Vermont Street, Buffalo, New York 14213
Tammy Barnes, 25 Weaver Street, Buffalo, New York 14206
No. 73
Notices of Appointments - Seasonal/Flat
I transmit herewith certificates received by me, reporting seasonal
and flat salary appointments made in various departments.
RECEIVED AND FILED.
BOARD OF STADIUM AND AUDITORIUM
Appointment effective March 17, 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.
William J. Colbert Jr., 458 4th St. Apt. 4, Buffalo, 14201
Thomas Banko, 43 Ashton Pl., Buffalo, 14220
Appointment effective March 22, 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.
Shawn F. Edinger, 223 Dearborn St., Buffalo, 14207
David Schumaker, 11B Camelot Courts, Buffalo, 14214
Ronald Gr. Morgan, 115 Krettner St., Buffalo, 14206
Thomas Massenburg, 237 Shumway, Buffalo, 14212
Appointment effective March 24, 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.
Dennis Vitale, 143 Saranac Ave., Buffalo, 14216
Vincent J. D'Innocenzo Sr., 32 Julius St., Buffalo, 14220
DEPARTMENT OF ASSESSMENT
Appointment effective March 15, 1995 in the Department of Assesment,
Shirley D. Jackson, 298 Riley Street, Buffalo, N.Y. 14208, to the Position of
Clerk, Seasonal, at the Flat $5.20 hourly.
DEPARTMENT OF PUBLIC WORKS
Appointment effective March 20, 1995 in the Department of Public
Works, Division of Water, Joseph A. Ziemba, 781 Perry Street, Buffalo, New York
14210, to the Position of Account Clerk, Temporary, at the Flat Starting Salary
of $ 5.46/Hr
DEPARTMENT OF PARKS
Appointment effective March 20,1995 in the Department of Parks,
Division of Parks Melinda Jacobsak, 15 Linwood Ave., Bflo, NY 14209, to the
Position of Laborer, Seasonal, at the Flat Starting Salary of $6.92.
Appointment effective March 27,1995 in the Department of Parks, Division
of Parks, Jerry Brinkworth, 205 Marine Drive, Buffalo 14202, to the Position of
Laborer II, Seasonal, at the Flat Starting Salary of $6.92.
DEPARTMENT OF HUMAN RESOURCES
Appointment effective March 22, 1995 in the Department of Human
Resources, Division of Youth to the Position of Attendant, Temporary, at the
Flat Starting Salary of $4.42/hr.
Christopher Fuller, 7 Marine Dr., Buffalo 14202
Larry Garmon, 47 E. Morris, Buffalo 14214
Appointment effective March 29, 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.
Linda Marchese, 191 Hodge, Buffalo 14222
Catherine Snyder, 25 Knox, Buffalo 14216
James LaBruna, 104 Elk, Buffalo 14210
Appointment effective March 29, 1995 in the Department of Human
Resources, Division of Youth, to the Position of Supervisor, Temporary, at the
Flat Starting Salary of $5.20 p/h.
Josephine LaBruna, 43 Bremen, Buffalo 14213
Jane Maraschello, 246 Rhode Island, Buffalo 14213
Appointment effective March 29, 1995 in the Department of Human
Resources, Division of Youth, John Rodriguez, 407 Trenton, Buffalo 14201 to the
Position of Lifeguard, Seasonal, at the Flat Starting Salary of $ 5.20 p/h.
Appointment effective March 21,1995 in the Department of Human Resources,
Division of Youth Frank A. Cortelli, 8 Hertel Avenue (Apt 606), Buffalo 14207
to the Position of Community Aide, Temporary, at the Flat Starting Salary of $
5.46 p/h.
DEPARTMENT OF PUBLIC WORKS
Appointment effective March 27,1995 in the Department of Public
Works, Division Engineering to the Position of Laborer I, Seasonal, at the Flat
Starting Salary of $6.22
William Crapo, 574 Marilla St., Buffalo, NY 14220
Leonard Greco, 94 Bame, Buffalo, NY 14215
Appointment effective April 3, 1995 in the Department of Public Works,
Division of Engineering, the Position of Laborer I, Seasonal, at the Flat
Starting Salary of $ 6.22.
Clary V. Wilson III, 183 Victoria, Buffalo, NY 14214
Craig Leone, 107 Richmond Ave., Buffalo, NY 14222
Appointment effective April 3, 1995 in the Department of Public Works,
Division of Engineering, to the Position of Laborer I, seasonal, at the Flat
Starting Salary of $6.22.
Clare M. Yager, 99 Hollywood Ave., Buffalo, NY 14220
No. 74
Appointments - Temporary, Provisional or Permanent
I transmit herewith Appointments in the various departments made
at the Minimum (Temporary, Provisional or Permanent) and for Appointments at
the Maximum (as per contract requirements) .
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
DEPARTMENT OF AUDIT & CONTROL
Appointment effective March 23, 1995 in the Department of Audit
and Control, Division of Audit, Christine M. Petschke, 18 Progressive Avenue,
Buffalo, NY 14207, to the Position of Auditing Inspector, Contingent Permanent,
at the Minimum Starting Salary of $27,731.
DEPARTMENT OF FIRE
Appointment effective March 16, in the Department of Fire, Paul
Beale, 362 Wardman Road, Kenmore, 14217, to the Position of Fire Lieutenant,
permanent, at the Flat Starting Salary of $ 45,982.
Appointment effective March 28, 1995 in the Department of Fire, to the
Position of Lieutenant, permanent, at the Flat Starting Salary of $47,453.
Michael Dorazio, 54 Parktrail Lane, Cheek., 14227
James Twist, 110 Shirley, Buffalo, 14215
Appointment effective March 28, 1995 in the Department of Fire to the
Position of Captain, permanent, at the Flat Starting Salary of $49,767.
Scott Barry, 6 Henry Drive, Angola 14006
Daniel O'Connor, 124 Liberty Lane, W. Seneca 14224
Appointment effective March 28, 1995 in the Department of Fire George
Huber, 66 W. Hazeltine, Kenmore, 14217 to the Position of Fire Lieutenant,
contingent permanent, at the Flat Starting Salary of $47,453.
Appointment effective March 28, 1995 in the Department of Fire Michael
Lombardo, 42 Highland Drive, Wmslv., 14221, to the Position of Fire Captain,
contingent permanent, at the Flat Starting Salary of $49,767.
Appointment effective March 28, 1995 in the Department of Fire Thomas
McNaughton, S4054 Allen Street, Blasdell, 14219 to the Position of Battalion
Chief, permanent, at the Flat Starting Salary of $54,366.
Appointment effective March 28, 1995 in the Department of Fire Joseph
Mehltretter, 34 Old Farm Road, Orchard Park 14127, to the Position of Battalion
Chief, Contingent Permanent, at the Flat Starting Salary of $54,366.
NON-OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES
NON-OFFICIAL COMMUNICATIONS
No. 75
BCAM
Activity Report For The Period of
July 1, 1994 - March 31, 1995.
Buffalo Community Television, Inc. , doing business as Buffalo
Cable Access Media (BCAM), is submitting its activity report for three (3)
quarters of FY 94 -95, which commenced July 1, 1994 and ends June 30,1995.
To assist BCAM in identifying and targeting specific communities with our
outreach efforts, we have began tracking individuals and organizations who
attend our orientation sessions and training classes by councilmanic districts.
This added feature is reflected in this report. This new system will allow us
to began streamlining our outreach initiatives and target specifically those
areas which appear to be disproportionately under represented, or perhaps,
require additional resources or information to improve participation from these
areas. This added feature is reflected in this report. A special report is
being prepared which will represent our activities for the past three (3) years
of our operation, and will be submitted within the next several months.
Additionally, this report provides information on attendance of our
orientation sessions (which are held twice a month) basic training class
graduates, and new series and single programs cablecast for this period.
REFERRED TO THE SPECIAL ON CATV.
No. 76
BFLO. CONVENTION CTR.
Emergency Financial Situation
As Chairman of the Buffalo Convention Center Management Corp.
Board of Directors, I believe it is time we had a meeting with the City
officials, the County officials and our Board of Directors to determine the
future of the Buffalo Convention Center.
The Buffalo Convention Center was built in 1978 by the County of Erie.
At that time it was determined by contract that the County would be responsible
for the structural capital improvements of the Center and the City would be
responsible for the operating funds of the Center. All revenues generated from
room rental or food and beverage profits would be returned to the City of
Buffalo for the purpose of cutting the deficit.
The City has always provided the Center with a very tight annual
operating budget which must cover all allocated salaries, utilities and other
expenses relating to the general operation of a convention building. The
largest operating budget was $1,775,000. Our current budget is $1,700,000, a
decrease of 4.2% at a time when all other costs primarily utility and occupancy
have increased drastically.
In the past twelve years the only structural capital expense the County
has paid for was for the repair of an expansion joint in the floor of the
Exhibit Hall which totaled $20,000. Currently, the County is supposedly
appropriating $100,000 for the renovation of two lavatories and two elevators
to conform with ADA compliance, and $300,000 for the construction of an
enclosure to be located between the Exhibit Hall and Marquee Levels. The
enclosure will provide a sound barrier between the two floors which will allow
simultaneous events on both levels without noise interference.
Due to severe monetary constraints, it has been necessary to handle the
needs of building maintenance and repair with a 'band aid' approach. This has
prevented us from maintaining the highest level of care for items such as the
roof, chillers and boilers, fans and refrigeration equipment. With this
building now well over 17 years old it is starting to show its age. Much of
our larger equipment is in immediate need of repair or replacement but since we
have never been provided with a capital budget or with an adequate amount of
funds to properly repair and maintain equipment, it continues to deteriorate.
At the present time, the following circumstances have arisen: We recently
had no alternative but to replace a chilled water coil and a purger unit.
There are 14 leaks in two of the chillers which will cost an estimated $25,000
to repair. We do not have adequate funds available in our operating budget to
bear these costs. Nevertheless, if this work is not completed, the Center will
be forced to operate without air conditioning this year. Mel Florczak has
informed me that he has already made arrangements to have the work started
since we can not do business in this manner. In addition, the Center is
currently operating with only one boiler. Boiler #2 is being used since boiler
#1 began leaking over the weekend of March 12th. There are cracks in boiler #1
which are in need of repair. We will continue operating with one boiler until
this problem can be rectified. This, too, will cost the Center money.
On February 23, 1996 several County agency representative; toured our
building to review and assess these concerns. The outcome of this meeting was
that the items in question were not structural and, therefore, were not viewed
as the County's responsibility.
However, this does nothing to address our immediate situation and it
appears that this situation will not improve. The Mayor's message at the
Budget Hearing of March 1st indicated that he is looking for a 10% reduction in
all budgets. If the Center were to cut its budget by 10% and try to operate on
$1,630,000, it would be impossible. We, as a Board, would have no other option
but to consider closing the building at certain times of the year and lay off
all of the staff.
We understand the City's current situation with its fiscal problems;
however, the City somehow needs to communicate to the County the problems of
operating a building expected to generate revenues and bring people to downtown
Buffalo to help fill hotel restaurants and lounges, and parking lots and ramps.
There is presently no fat in the Center's budget. In fact, there, is a good
possibility that the Center could run a deficit this year.
I welcome your comments.
REFERRED TO THE COMMITTEE ON FINANCE AND THE COMMISSIONER OF ADMINISTRATION AND
FINANCE.
No. 77
BFLO. FINANCIAL PLAN COMMISSION
Report On Bd. of Education
Since early 1993, the Buffalo Financial Plan Commission, utilizing
115 citizen volunteers from more than 76 business and professional
organizations throughout the Buffalo area and Greater Buffalo Partnership
staff, has worked to complete the attached financial and management assessment
of the Buffalo Public Schools.
The Commission unanimously approved this report and its 34 specific
recommendations which provide for a total of $188.5 million in savings over
the five year period beginning with 1995-96 - savings which the Commission
believes can be achieved without increasing class size, curtailing academic
programs, or reducing extracurricular and interscholastic sports programs,
special education, or remedial instruction.
Underlying these fiscal recommendations is the more fundamental issue of
an immediate need for change in the way the Buffalo Public Schools are managed.
Opportunities for significant savings stem directly from comparably
significant problems in schools management starting at the highest levels.
Whether it is the ten studies of the BPS over the past decade, with only 5 of
88 recommendations in them significantly addressed; the absence of meaningful
district-wide financial and educational achievement data and information;
employee benefits greatly in excess of those found elsewhere in the community;
inadequate systems and antiquated processes; or scarce instructional resources
unnecessarily being used in non instructional- areas: there are fundamental
problems in BPS management which need to be addressed now.
A combination of the city's deteriorated fiscal condition and funding
cuts pending at the state and federal levels may well generate allocations to
the school district which will be at lower than current levels. In fact the
Commission has projected a school district budget gap of up to $35.5 million
for 1995-96 alone. In the present environment, the Commission's call for
change should, in turn, generate a more efficient allocation of resources,
improvements in the quality of education, and a more positive learning
environment.
After all delivering the best possible education to Buffalo's children
effectively must continue to be the district's mission. If that mission is not
fulfilled, the consequences will be very serious for these children and for the
quality of life throughout our community.
REFERRED TO THE SPECIAL COMMITTEE ON EDUCATION, THE COMMISSIONER OF
ADMINISTRATION AND FINANCE AND THE BOARD OF EDUCATION.
No. 78
BFLO. HISTORICAL SOCIETY
Catering Agreement
For many years now the Buffalo and Erie County Historical Society
has rented facilities in its main building for corporate meetings, wedding
receptions, and other non-religious, non-political events. This has provided
some operating income for museum operations, and has been one factor in the
growth of our earned income lines in recent years. In order to maximize that
income, and minimize the impact of rentals on Historical Society staff time,
the Board of Managers began to explore the possibility of entering an exclusive
catering arrangement.
About a year ago the Board prepared and published a Request for Proposals to
which it received three responses. After reviewing the responses and
negotiating details, the Board has recently entered an agreement with Oliver's
Restaurant in North Buffalo. Under the agreement, the Historical Society will
receive a monthly rental payment that will significantly increase the income it
derives from use of the building. It will also receive a fully renovated
catering kitchen at the end of the agreement. The Society has agreed to pay
for some modest, but essential improvements to electrical and sewage systems.
All
improvements will be done in strict compliance with the Secretary of the
Interior's Standards for Historic Preservation. I am confident that the
Society will derive long-term operating benefits from this arrangement.
Expanding, as it does, on a practice of long standing, the new catering
arrangement will help keep us financially stable, and better able to serve the
needs of Greater Buffalo's people.
REFERRED TO THE COMMITTEE ON FINANCE, THE COMPTROLLER, THE COMMISSIONER OF
ADMINISTRATION AND FINANCE AND THE CORPORATION COUNSEL.
No. 79
WILLIE CHAPMAN
Request To Use Building-Jefferson/E. Ferry
I, Willie Chapman was down in your office March 15, 1995 inquiring
about the building located on Jefferson and E. Ferry St., Buffalo, NY.
The old Copeland tire place, I was ask to writer what I be using the
building for. I do roofing, collision work. The building would be used to
store my truck and tools.
I am willing to cooperate with the City to do any painting, cleaning up
around the building, repair work. I am interested in an appointment around the
April 1, 1995. If the date and month is OK with you. (sic)
REFERRED TO THE COMMITTEE ON FINANCE AND THE COMPTROLLER.
No. 80
COMMUNITY EVALUATION PANEL
South District Consolidation Report
Attached for your information is a copy of the Community Evaluation
Panel Report for the South District Police Consolidation Project
(January-December 1994).
REFERRED TO THE SPECIAL COMMITTEE ON POLICE REORGANIZATION.
No. 81
CROSSROADS ARENA LLC.
Construction Subcontracts
We thought you might be interested in the following relative to
the City of Buffalo's participation in Crossroads.
* To date, we have awarded more than 33 construction-related
subcontracts. Of the 33, 31 have been awarded to local companies.
* The out-of-town companies working on the project have all
re-subcontracted major portions of their work to local companies. Contour
Erections and Contractors Welding are 2 companies doing a substantial amount of
work for out-of-town contractors. Since the Bell Company has received so much
press, you should know that they have let over 30% of their contract to Niagara
Frontier Sheetmetal and Niagara Insulation, both local firms.
* The Bell Company has also subcontracted a good portion of their work to
Grinnell Fire protection Systems Company, a company that plans to employ union
sprinkler fitters from Local 703 whose members, as you know, have been
attending your hearings demanding work in the Crossroads project.
* A large percentage of the total Crossroads construction financing comes
from out of town -- $25 million from New York State and $32 million from Fleet
and Shawmut. If we took a Buffalo-only attitude, we would be short $57 million
in financing for the project.
* If we place restrictions to hire companies from Buffalo only, we are
inviting retaliation from other areas. Bell has the mechanical work on the new
Bausch & Lomb headquarters located in Rochester. They have subcontracted the
sheetmetal and insulation to two Buffalo finns.
Please know that we remain committed to ensuring that local companies
benefit from the Crossroads project. A good number of construction contracts
are still to be awarded and we are confident that Western New Yorkers will be
participating in this work. For your information, I have enclosed a listing of
local companies involved with Crossroads construction.
Please feel free to contact me with any questions you may have.
REFERRED TO THE AUDITORIUM AND STADIUM TASK FORCE.
No. 82
RHONDA DIXON
Request To Purchase/Lease 1554 Genesee
This letter will notify you of my interest in the city owned parcel
located at 1554 Genesee near Bissell Street.
I am the owner of a family day care which I operate from my home 290
Bissell Street.
The demand for day care services from people in the immediate vicinity of
my home has necessitated a search for a larger facility.
The 1554 Genesee property would provide the opportunity to expand service
and enhance the economic development activity of this area. I would appreciate
the opportunity to discuss my plan for development of the expanded day care
operation in the above location.
Please contact me at 895-0915 at your earliest convenience.
REFERRED TO THE COMMITTEE ON FINANCE AND THE COMPTROLLER.
No. 83
JAMES MGMT. CO.
Acquisition/Demo. 104 Glenwood, etc
I am writing this letter on behalf of the Seventy-Eight Restoration
Corporation which is desirous of developing an adopt a block program for the
Emerson Place/Glenwood blocks between Michigan and Masten Streets. The
Seventy-Eight Restoration Corporation has already developed the $1.5 million 28
unit award winning Emerson Row House on Emerson Place and restored an existing
home into a combination office and rental on the Emerson Place Block. Our
Company has developed two new homes and have lots for additional new homes on
Note -
the street. there is a total of three new homes on the block. Our
Company also has lots for two new homes on Glenwood and plan to start
construction of a new home at 83 Glenwood within thirty days. The barriers to
completing the block(s) are as follows:
A parcel containing a garage at the corner of Emerson Place and Michigan
A burned out house at 104 Glenwood
Need for upgraded lighting for the two blocks
Need for curb and street repair for the two blocks
Need for tree planting etc.
Therefore we are requesting that you provide the necessary funds for the
acquisition demolition and acquisition of the burned out home at 104 Glenwood
and the parcel containing the garage at the corner of Emerson Place and
Michigan. Once the properties have been acquired, I am requesting that you
provide these parcels to the Seventy-Eight Restoration Corporation for a
minimum price. The Seventy-Eight Corporation with our Company will mutually
combine our lots to provide new housing for the two blocks. We are also asking
that you provide the funds for street paving and tree planting.
If the acquisitions/demolitions can occur immediately I am sure that
these blocks would be completed by early summer. I would appreciate your
immediate attention to this request. Please contact me if you have any
questions.
REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT, THE COMMISSIONER OF PUBLIC
WORKS, THE COMMISSIONER OF PARKS AND THE COMMISSIONER OF INSPECTIONS AND
COMMUNITY REVITALIZATION.
No. 84
S. JACKSON
Abate Water Bill 64 Wade
I Rosa Jackson am a property owner at 64 Wade in the Masten District,
and the property is currently vacant. I contacted your office on March 24,
1995 and was advised by one of your staff members to write regarding a water
bill for this property.
The above mentioned property is a two family dwelling with a lower apartment
that has been vacant since June 1992 and an upper apartment that has been
vacant since January 1994. Both apartments have been vacant because they
needed some extensive repairs that are currently being made. I never requested
the water to be turned off because after the remodeling is completed I intend
to rent both units. The City of Buffalo Division of Water Department is
advising me I should have had the water disconnected. The enclosed copy of the
bill for $661.78 represents service for the last year that I feel is rather
excessive. I am not trying to discredit the water departments policies but I
feel some adjustment or special consideration should be given since the
property has been vacant.
To also prove the living dwelling has been vacant I have provided proof
from National Fuel that both the apartments were inactive for gas service. I
have also received notification from my insurance company, Nationwide that they
were cancelling my home owners insurance due to non-occupancy (I will provide
notification of this cancellation if needed).
Mr. Collins I would appreciate any assistance you and the Common Council
could provide me regarding this matter. It is not my intent to avoid payment
or use service that I am not paying for but I can honestly say no water is
being used. You may contact me (Rosa Jackson) at my home phone number 833-9664
(after 5:00 pm) or my work phone number 857-6830 (till 4:30 pm).
REFERRED TO THE COMMITTEE ON FINANCE AND THE COMMISSIONER OF PUBLIC WORKS.
No. 85
A. JONES
Override Refusal To Homestead 67 Ivy
I currently live at 65 Ivy St. Buffalo, NY. . Recently I wrote
you in reference to homesteading a lot at 67 Ivy St. back in 1994. You refer
my letter to the dept. Community Development and the Dept. of Real Estate.
The department of real estate wrote me a letter stating that I could not
purchase the lot though homesteading.
Councilmembers, I have been taking care of this property for over ten
years at my own expense. The City of Buffalo has not had to do maintenance on
this property in over ten years. Now, I ask the City to assist me in obtaining
permission to homestead this property I've taken care of anyway. Knowing that
if I stop can I depend on the City to maintain their own property.
Please assist me in whatever way you can. Looking forward to hearing
from you.
RECEIVED AND FILED.
No. 86
L. JONES
Offer To Purchase Lot Adjacent
To 361 High St.
I, Lydia D. Jones, currently own and occupy a two family home
at 361 High Street. Next to my property is a vacant lot having the dimensions
of 50 ft. X 100 ft. I would like to purchase and develop this lot. I would
like to build a single family home for my son and me.
However, for the new construction, I would like to develop and construct
my own home.
REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT, THE COMMISSIONER
OF INSPECTIONS AND COMMUNITY REVITALIZATION AND THE CORPORATION COUNSEL.
No. 87
KAVINOKY AND COOK
Task Force Comments on Operating Agreement
Attached are copies of letters of 3/17/95 and 3/20/95 to the Attorneys
for the Crossroad Arena complex relating to the city's position on various
portions of the Operating Agreement.
REFERRED TO THE AUDITORIUM AND STADIUM TASK FORCE.
No. 88
KAVINOKY & COOK
Task Force Comments on Sabres Lease - Crossroads
Attached are comments based on the Councils Auditorium Task Force
review of the draft Sabres Lease presented to us by letter dated 2/21/95.
REFERRED TO THE AUDITORIUM AND STADIUM TASK FORCE.
No. 89
KAVINOKY & COOK,
Crossroads Arena/LDA/Dev.& Construction Agreement
Attached hereto please find a proposed Land Disposition Agreement
for the Crossroads Arena Project. We will submit under separate cover a
proposed Development and Construction Agreement which is referenced in the Land
Disposition Agreement. This Land Disposition Agreement will be submitted to
the Buffalo Urban Renewal Agency at its next regularly scheduled meeting.
This Land Disposition Agreement may be subject to minor revisions as
required by the Corporation Counsel in order to approve the document as to form
as required by the City Charter and to conform it to the final closing
documents for the Crossroads Arena Project.
Enclosed please find a revised draft of the Development and Construction
Agreement which is incorporated by reference into the Land Disposition
Agreement which we filed with the City Clerk on March 30, 1995. We ask that
you amend the filed Land Disposition Agreement..
Please note that the project budget attached as Exhibit E needs to be
supplemented by additional information which the City will receive as a
function of the Financing Participants Agreement. This draft does not include
all items which the Task Force requested. We will discuss these items at the
next Task Force meeting.
LAID ON THE TABLE.
No. 90
LOCAL 282
Response To Health Care Coverage
Item No. 192, CCP, 3/21/95
Health Care Coverage is a contract item. We have petitioned to
enter negotiations on these and other portions of the contract (see enclosed),
but we have yet to receive a response from the City. They are in violation of
the current contract by not meeting with us within 120 days of the contract
expiration date to resume negotiations.
Of course we are willing to negotiate regarding health care benefits. We
have not yet even begin the preliminary stages. Local 282 is willing to listen
to any proposals submitted by the City, but any changes must be negotiated.
Thus far, the City has shown an unwillingness to do so.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE, THE COMMISSIONER OF ADMINISTRATION
AND FINANCE AND THE CORPORATION COUNSEL.
No. 91
LOCAL 2651
Response To Health Care Coverage
Regarding resolution #192, C.C.P. March 21, 1995 request Union
response health care coverage, our union accepted Mayor Masiello's 1994 health
care plan in its entirety. As a result of this concession all but one of our
members have changed to lower cost health plans. The City is now saving money
as part of our unions continuing flexibility in overcoming the current fiscal
plight.
RECEIVED AND FILED.
No. 92
MARCO'S REST.
Request Purchase 8' Strip Along Fargo
This office represents the owner of 1085 Niagara Street, Buffalo,
New York, which is the building that houses Marco's Restaurant Inc.
The owner is contemplating an expansion. What they wish to do is extend
their existing dining room onto the present outdoor patio for which they now
have a use permit from the City.
In order for my client to have Complete flexibility with regard to any
expansion, they are desirous of purchasing an 8' strip along Fargo Avenue. I
am enclosing a survey which has been marked in "red" for the area that we are
desirous of purchasing.
We will appreciate any assistance that you can give us in this project.
REFERRED TO THE COMMITTEE ON FINANCE, THE COMMISSIONER OF PUBLIC WORKS AND THE
CORPORATION COUNSEL.
No. 93
COUNCIL - CITY OF NEW YORK
Resolutions Supporting Restoration of Federal Funding
Attached are five (5) Resolutions adopted by the New York City
Council. We urge your body to join with us in expressing a sense of the
Council opposing various components of the Personal Responsibility Act.
Mr. Pitts moved:
That the communication from Stephen DiBrienza, Chairman of the Committee
on General Welfare, City of New York, dated March 24, 1995, be received and
filed; and
That the Common Council of the City of Buffalo does hereby adopt the
Resolutions passed by The Council of the City of New York which oppose various
component of the Contract With Americ's Personal Responsibility Act.
That the City Clerk be directed to forward a certified copy of this
motion to the Congress of the United States.
ADOPTED.
No. 94
SCHMIT PLUMBING & HEATING CO.,
Request Equal/Consistant
Enforcement of Plumbing Code
I am a licensed plumbing contractor who performs plumbing work
in the City of Buffalo. I support the concerns outlined in the plumbing
Contractors' Association's letter to Mayor Masiello.
I wish to indicate that it is becoming increasingly difficult to conduct
a plumbing business in the City. The turmoil existing between departments, and
changes in acceptable materials are not conducive to complete projects in a
timely manner.
It is imperative that my trade be regulated by qualified individuals to
the standards of the New York State Plumbing Code. This is necessary to protect
the people who live and work in the City as well as allowing licensed
individuals to practice their trade in an expedient and professional manner.
I ask your assistance to provide the authority, as required by New York
General City Law, which will endeavor to provide equal, consistent enforcement
of the regulations which govern our industry. Thank You.
REFERRED TO THE COMMITTEE ON FINANCE, THE COMMISSIONER OF PUBLIC WORKS AND THE
COMMISSIONER OF INSPECTIONS AND COMMUNITY REVITALIZATION
No. 95
TCI, INC.
Proposed Rate Increase- Effective 5/1/95
Enclosed please find, for your records, a copy of our recent
correspondence
sent to the Mayor of the city of Buffalo a well as to each individual
Councilmember.
Effective May 1, 1995, TCI of New York's combined rate for Basic and
Expanded Basic Cable will increase by $1.19, resulting in a new monthly price
of $22.39. The new rate for Expanded Basic Cable service will increase by $.79,
resulting in a new monthly price of $14.13, and Basic Cable service will
increase by $.40 or $8.26 per month. ( All of the above mentioned prices do
not include franchise fees.)
Additionally, cable operators are required to adjust their regulated
equipment and installation charges annually to account for any changes that
occurred during the previous year. In our ongoing compliance with the 1992
Cable Act, we will be implementing the following adjustments to our regulated
rate structure, effective May 1995. All prices reflect standard installation
costs:
Old New Change
Installation-unwired home
$
28.90
$
33.84
+$4.94
Installation-prewired home
$
14.45
$
16.92
+$2.47
Additional Set Connection at
time of initial visit
$
4.82
$
5.64
+$ .82
Additional Set Connection
$
14.45
$
16.92
+$2.47
Move Cable TV Outlet
$
14.45
$
16.92
+$2.47
Change of Service-liome visit
(Upgrade/Downgrade)
$
9.64
$
11.29
+$1.64
Change of Service-No home visit
(Upgrade/Downgrade)
$
2.00
$
2.00
$0
Connect VCR-initial visit $ 4.82
$
5.64
+$ .82
Connect VCR-separate
home visit $ 9.64 $11.28 +$1.64
Install DMX-initial visit $ 4.82
$
5.64
+$ .92
Install DMX-separate
home visit $ 9.64 $11.28 +$1.64
Install A/B switch-initial visit
$
3.28
$
3.84
+$ .56
Install A/B switch-separate
home visit t
$
9.64
$
11.28
+$1.64
MONTHLY CHARGES
Remote Control $ . 23
$
.21
$ .02
Standard Converter $ 1.54
$
1.94
+$ .40
Addressable Converter
$
3.11
$
3.05
-$ .06
TCI of New York will notify all customers 30 days prior to the date the
changes are reflected in their bills. The notification will be sent in
customer billing envelopes in March and April.
As always, if you have any questions or would like further information, please
do not hesitate to contact me at 853-8700.
REFERRED TO THE SPECIAL COMMITTEE ON CATV.
No. 96
US DEPT.HUD
Reply To Concerns -Section 108 Loan 400 Elmwood
I am responding to your March 2, 1995 letter requesting our comment
on various charges of Mr. Richard Kern, alleging mismanagement by the owners
and operators of rental apartments located at 400 Elmwood Avenue, Buffalo.
The City of Buffalo has primary and ongoing responsibility for
administration of the two programs at issue: Section 8 Rent Subsidies
and a Section 108 Loan. This Department has oversight responsibility toward
the City. Normally, unless the City becomes negligent in exercising program
requirements, we refrain from intervening.
The Kern memo refers to a Section 108 loan to 400 Elmwood for necessary
improvements to the 77 apartments. The City received approval for this
loan from HUD Headquarters, Washington D.C., pledging future Community
Development Block Grant income as collateral for the loan. Accordingly, the
City has responsibility for overseeing the administration of this loan.
We understand that City of Buffalo Commissioner of Community Development
Daniel Bicz has already provided the Common Council with detailed answers to
the issues outlined in Kern's memo. We have requested a copy of that response.
Also, the Rental Assistance Corporation, contract administrator for the
City's Section 8 Program, has prepared a response to the Kern charges. We are
also requesting a copy of that report.
We fully expect the City to maintain adequate oversight and to ensure
that both programs continue to meet appropriate HUD requirements. This
Department will continue our own oversight of the City's administration of both
the Section 8 Rental Program and the Section 108 Loan Program.
Please be assured of our continued cooperation with the City of Buffalo.
REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT.
PETITIONS
No. 97
M D M Petroleum, Inc., owner, petition to use 1516 Niagara St. for a sit in
restaurant.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD
AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT.
No. 98
G.Tenebra, tenant, petition to use 1197 Hertel Avenue, Cafe Garangelo, for
outdoor patios in the front and rear of premises.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD
AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT.
No. 99
Children's Hospital of Buffalo, petition to Rezone 125-145 Hodge Ave. from
R2/RS to C1 (Special Development Plan) for medical clinics/offices w/parking.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD
AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT.
No. 100
S. Cacciatore & 0 - Oppose Expansion of Hennepin Park Community Center.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 101
C. Fronczak and Others request alternate parking on Kelburn Street.
REFERRED TO THE COMMITTEE ON LEGISLATION AND THE COMMISSIONER
OF PUBLIC WORKS.
REGULAR COMMITTEES
CIVIL SERVICE
HON. ROSEMARIE LOTEMPIO
CHAIRMAN
No. 102
Appointment of Director of Labor Relations (A&F)
(Item # 64 CCP February 21, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 103
Appointment
Senior Clerk
That Communication No. 34 March 21, 1995 be received and filed
and the permanent appointment of Susan Majewski stated above at the maximum
salary effective on March 13, 1995 is hereby approved.
PASSED.
AYES- 13 NOES- 0.
No. 104
Appointment
Account Clerk Typist
That Communication No. 53 March 21, 1995 be received and filed
and the permanent appointment of Kathleen Ellis stated above at the maximum
salary $23,588.00 effective on March 13, 1995 is hereby approved.
PASSED.
AYES- 13 NOES- 0.
No. 105
Appointment
Stenographer
That communication No. 90 March 21, 1995 be received and filed
and the temporary appointment of Sharon A. Fay stated above at the intermediate
salary $22,368.00 effective on March 3, 1995 is hereby approved.
PASSED.
AYES- 13 NOES- 0.
FINANCE
HON. DAVID A. COLLINS
CHAIRMAN
No. 106
Renew Composting Contract
(Item No. 18, C.C.P., Nov. 29, 1994)
That the above item be, and the same hereby is, returned to the
Common Council without recommendation.
Mr. Collins now moved to recommit the above item to the Committee on Finance.
ADOPTED.
No. 107
Public Building Concession Stand Lease Renewals
(Item No. 16, C.C.P., Feb. 21, 1995)
That the Comptroller be, and hereby is authorized to renew the
lease between the City of Buffalo and New York State, for the concession stand
leases of the City Hall Lobby, 65 Niagara Square, City Court Building, Fourth
floor cafeteria, 50 Delaware Avenue and Police Headquarters Lobby, 74 Franklin
Street, for five year periods, to commence on December 1, 1995 and expire on
November 30, 2000, the annual rental to be charged is $1.00 (One Dollar),
payable in advance; and that the Corporation Counsel prepare the necessary
documents to renew said leases and that the Mayor be authorized to execute the
same.
PASSED.
AYES- 13 NOES- 0.
No. 108
Lease of 103 Wohlers (CC)
(Item # 35 CCP January 10, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 109
Senior Citizen Exemptions (Assmt.)
(Item # 31 CCP March 7, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 110
Senior Citizen Exemption (Assmt)
(Item # 29 CCP March 21, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 111
Senior Citizen Exemption (CC)
(Item # 60 CCP March 21, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 112
Info - Sale of 140 Porter to BYC (Compt)
(Item # 23 CCP March 21, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 113
Change in Contract - Filtration Plant Improvements
(Item No. 43, C.C.P., Mar. 21, 1995)
That the Commissioner of Public Works be, and he hereby is, authorized
to issue change order #3 to John W. Danforth Company, changes resulting in a
net decrease in the amount of $4,877.00, as more fully described in the above
communication, for contract relating to Filitration Plant Improvements - Filter
Instrumentation Replacement, Contract No. 91770200. Funds for this work should
be credited to the Division of Water's 416 - Capital Project Fund,
982-016-00-000 account.
PASSED.
AYES- 13 NOES- 0
No. 114
Change in Contract - Watermains Porter & Jersey
(Item No. 44, C.C.P., Mar. 21, 1995)
That the Commissioner of Public Works be, and he hereby is, authorized
to issue change order #2 to Firstrhyme Construction Corporation, changes
resulting in a net decrease in the amount of $11,152.45, as more fully
described in the above communication, for contract relating to Cleaning and
Lining 60" Watermains on Porter Avenue and Jersey Street, Contract No.22,
Contract No. 91749200. Funds for this work should be credited to the Division
of Water's 416 - Capital Project Fund, 982-008-00-000 account.
PASSED.
AYES- 13 NOES- 0.
No. 115
Hire Consulting Engineer
Col. Ward Pumping Station Valve House
(Item No. 46, C.C.P., Mar. 21, 1995)
That the above item be, and the same hereby is, returned to the
Common Council without recommendation.
Mr. Collins now moved to recommit the above item to the Committee on
Finance.
ADOPTED.
No. 116
Sewer/Water Terminal 432 Connecticut (ICR)
(Item # 68 CCP March 21, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 117
Correct Account - Demolition 647 E. Delavan Avenue
(Item No. 60, C.C.P., Jan. 24, 1995)
(Item No. 69, C.C.P., Mar. 21, 1995)
That the Commissioner of Inspections and Community Revitalization
be, and hereby is authorized to charge the demolition of 647 East Delavan
Avenue to the Capital Outlay Account #100-241-085-00-900.
PASSED.
AYES- 13 NOES- 0.
No. 118
Correct Account - Demolition 1112 Sycamore Avenue
Garage Only
(Item No. 136, C.C.P., Sept. 20, 1994)
(Item No. 75, C.C.P., Mar. 7, 1995)
(Item No. 70, C.C.P., Mar. 21, 1995)
That the Commissioner of Inspections and Community Revitalization
be, and hereby is authorized to charge the demolition of 11 12 Sycamore Avenue
Garage Only to the Capital Outlay Account #100-241-085-00-900.
PASSED.
AYES- 13 NOES- 0.
No. 119
Reject Bid Offers - J. Martin (ICR)
(Item # 71 CCP March 21, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 120
Cancellation Demolition Order on 441 Masten Avenue
(Item No. 40, C.C.P., Dec. 13, 1994)
(Item No. 64, C.C.P., Jan. 24, 1995)
(Item No. 72, C.C.P., Mar. 21, 1995)
That the Commissioner of Inspections and Community Revitalization
be, and hereby is authorized to order that the aggregate bid costs for 168
Chester Street, 15 Emslie Place and 441 Masten Avenue reduced by the cost of
the cancelled demolition order for 441 Masten Avenue. The total aggregate bid
cost will be reduced by $5,900 and that the cost of the project, $17,800.00, be
charged to the Special Assessment Fund #500-000-002-00000, that said cost shall
be collected against the owner or person in possession benefitted, under the
provision of Chapter 113 of the Ordinances.
PASSED.
AYES- 13 NOES- 0
No. 121
K. Gioulekas - Request to Retake Master Electrician Exam
(Item # 82 CCP January 24, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 122
Retake Master Electrician Exam (CC)
(Item # 64 CCP February 7, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 123
Retake Master Electrician Exam (ICR)
(Item # 78 CCP March 7, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 124
Recover Housing Court Fines (ICR)
(Item # 71 CCP March 7, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 125
NYSTA - Maintenance of S. Ogden Bridge
(Item # 114 CCP March 7, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 126
Maintenance of S. Ogden Bridge (PW)
(Item # 47 CCP March 21, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 127
Freeze Spending - Common Council Accounts
(Item No. 209, Mar. 7, 1995)
That the above item be, and the same hereby is, returned to the
Common Council without recommendation.
Mr. Collins moved:
That the above item be received and filed.
Seconded by Mrs. LoTempio.
ADOPTED.
No. 128
Freeze Spending - Council (C. Clerk)
(Item # 92 CCP March 21, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 129
User Tax Information
(Item No. 179, Mar. 21, 1995)
That this Common Council requests the Mayor, Comptroller, Corporation
Counsel and the Commissioner of Administration and Finance to file with it
information regarding user fees including, but not limited to:
1. What criteria will be used in imposing this user fee?
2. How will the fees be determined, assessment, networth, etc.'?
3. What will the fees be?
4. Total anticipated revenue?
5. Method of collections?
6. If additional staff is needed?
7. What penalties will be invoked if fees are not paid?
8. Can we legally impose a user fee?
9. Does the Corporation Counsel's office feel that they can adequately
withstand any legal challenges?
10. Any other information not requested, but related to the subject of
user fees.
This should be filed by the next Council meeting.
Mr. Collins now moved to recommit the above item to the
Committee on Finance.
ADOPTED.
No. 130
User Fee for Buffalo Fire Services
Provided to Other Municipalities
(Item No. 200, Mar. 21, 1995)
That the Commissioner of Fire file a full report of the March
13, 1995 incident including the cost of fire fighting services provided to
Lackawanna; and
That the Law Department, Administration and Finance Department and the
Fire Department develop a fee schedule and process for responding to
emergencies in other municipalities that ensures the integrity of Buffalo's
fire protection and fiscal accountability for services provided.
ADOPTED.
No. 131
Conserving Paper in City Hall
(Item No. 190, Mar. 7, 1995)
That this Common Council requests the Commissioner of General
Services to survey paper use in City Hall and develop a program to educate city
workers on conserving paper; and
That the Commissioner track the cost savings due to paper conservation
and use that money in equal measure to reduce the city's deficit and fund price
preferences for recycled and chlorine-free paper purchases by the city.
ADOPTED.
No. 132
Conserve Paper in City Hall (A&F)
(Item # 84 CCP March 21, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 133
Erie Co. Legislation - Update County Tax Rolls
(Item # 76 CCP February 21, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 134
Update of County Tax Rolls (A&F)
(Item # 81 CCP March 7, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 135
Update County Tax Rolls
(Item No. 30, C.C.P., Mar. 21, 1995)
That the Common Council is in support of Erie County's Real Property
Information System Consortium.
That the City Clerk be directed to forward certified copies of this
resolution to the Clerk of the Erie County Legislature.
ADOPTED.
No. 136
Report of Audit - Police URT (Compt)
(Item # 20 CCP February 7, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 137
Reply to Audit Police URT (A&F)
(Item # 79 CCP March 7, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 138
Buffalo Softball League Financial Statement
(Item # 105 CCP March 7, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 139
Reply to Softball Audit (Compt)
(Item # 25 CCP March 21, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 140
Reply to Audit - Marriage Bureau (C.Clerk)
(Item # 94 CCP March 21, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 141
Info - Cell Block/Booking Facilities- Court (PW)
(Item # 46 CCP February 7, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 142
Cell Block/Booking Facilities - City Court (Pol)
(Item # 58 CCP March 7, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 143
Central Booking Facility City Court (PW)
(Item # 48 CCP March 21, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 144
Investigation Report - Janitorial Stockroom (Compt)
(Item # 24 CCP December 27, 1994)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 145
Invest. of Janitorial Stockroom (A&F)
(Item # 47 CCP January 10, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 146
Invest. of Janitorial Stockroom (PW)
(Item # 174 CCP March 21, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 147
Water Board Meeting Minutes (Wtr. Bd.)
(Item # 12 CCP March 21, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 148
Reply to Liquor License - 1/24 (ICR)
(Item # 74 CCP March 21, 1995)
That the above mentioned Item be and the same is hereby referred
to the Mayor.
ADOPTED.
No. 149
Reply to Liquor License 2/7
(Item # 32 CCP March 7, 1995)
That the above mentioned Item be and the same is hereby referred
to the Mayor.
ADOPTED.
No. 150
Reply to Liquor License
(Item # 75 CCP March 21, 1995)
That the above mentioned Item be and the same is hereby referred
to the Mayor.
ADOPTED.
No. 151
Liquor License Application
(Item # 67 CCP February 21, 1995)
That the above mentioned Item be and the same is hereby referred
to the Mayor.
ADOPTED.
No. 152
Reply to Liquor License
(Item # 31 CCP March 21, 1995)
That the above mentioned Item be and the same is hereby referred
to the Mayor.
ADOPTED.
No. 153
Reply to Liquor License (ICR)
(Item # 76 CCP March 21, 1995)
That the above mentioned Item be and the same is hereby referred
to the Mayor.
ADOPTED.
No. 154
Reply to Liquor License
(Item # 175 CCP March 21, 1995)
That the above mentioned Item be and the same is hereby referred
to the Mayor.
ADOPTED.
No. 155
Liquor License Application
(Item # 97 CCP March 7, 1995)
That the above mentioned Item be and the same is hereby referred
to the Mayor.
ADOPTED.
No. 156
Reply to Liquor License
(Item # 32 CCP March 21, 1995)
That the above mentioned Item be and the same is hereby referred
to the Mayor.
ADOPTED.
No. 157
Reply to Liquor License
(Item # 49 CCP March 21, 1995)
That the above mentioned Item be and the same is hereby referred
to the Mayor.
ADOPTED.
No. 158
Liquor License Application
(Item # 96 CCP March 21, 1995)
That the above mentioned Item be and the same is hereby referred
to the Mayor.
ADOPTED.
* Mr. Arthur was in the negative on Items 148 thru 158.
LEGISLATION
HON. ALFRED T. COPPOLA
CHAIRMAN
No. 159
Camile Haun, Petition to use
141 Bidwell - Sit-in Restaurant
(Item No. 118, C.C.P., Mar. 21, 1995)
That after a public hearing before the Committee on Legislation
on March 28, 1995, the petition of Camile Haun and Others, for permission to
use 141 Bidwell for a sit-in restaurant be, and hereby is approved with the
following conditions:
1. No cooking facilities will be allowed without Common Council approval.
2. No liquor will be served without Common Council approval.
3. The owner will utilize blue neon lighting consistent with the existing
blue neon lighting on Elmwood Avenue.
4. The owner will keep the property in front of his property in a clean
and orderly manner, free from litter, debris, snow and ice.
5. The owner will provide a decorative trash receptacle to be placed on
Elmwood Avenue at the south east comer of Bidwell and be responsible for
emptying the container.
PASSED.
AYES- 13 NOES- 0.
No. 160
Don Warfe, Petition to Use
311 Bryant Avenue - Sit-in Restaurant
(Item No. 119, C.C.P., Mar. 21, 1995)
That after a public hearing before the Committee on Legislation
on March 28, 1995, the petition of Don Warfe, for permission to use 311 Bryant
Avenue for a sit-in restaurant be, and hereby is approved.
PASSED.
AYES- 13 NOES- 0
No. 161
George Scouras, Petition to Use 186 Allen - Outdoor Patio
(Item No. 124, C.C.P., Mar. 7, 1995)
That after a public hearing before the Committee on Legislation
on March 28, 1995, the petition of George Scouras and others, for permission to
use 186 Allen for an outdoor patio be, and hereby is approved on the condition
that it is approved by the Buffalo Preservation Board.
PASSED.
AYES- 13 NOES- 0
No. 162
Use 186 Allen (C.P.Bd.)
(Item # 8 CCP March 21, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 163
Conrail, Petition to use 825 Ohio - Pole Sign
(Item No. 87, C.C.P., Feb. 21, 1995)
That after a public hearing before the Committee on Legislation
on March 28, 1995, the petition of Conrail, owner, for permission to use 825
Ohio Street for a pole sign be, and hereby is approved.
PASSED.
AYES- 13 NOES- 0.
No. 164
Rite Aid Drugs, Petition to use
2474-2494 Bailey Avenue - Pole Sign
(Item No. 99, C.C.P., Feb. 7, 1995)
(Item No. 146, C.C.P., Mar. 21, 1995)
That after a public hearing before the Committee on Legislation
on March 28, 1995, the petition of Rite Aid Drugs, owner, for permission to use
2474-2494 Bailey Avenue for a pole sign be, and hereby is approved with the
condition that a landscaped area is developed around the base of the sign.
PASSED.
AYES- 13 NOES- 0
No. 165
Encroach Fence - 16-28 Broadway
(Item No. 104, C.C.P., Mar. 7, 1995)
That the Commissioner of Public Works be and he hereby is, authorized
to issue a "mere license" to Mr. Richard A. Serra, President of Allright
Parking Buffalo, Inc., located at 16-28 Broadway, to install a six foot high
fence which would encroach city right-of-way at said address, subject to the
following conditions:
1. That any and all other applicable City of Buffalo permits are also
obtained.
2. That the applicant be responsible for maintaining said fence as long
as it remains within City right-of-way.
3. That the Department of Public Works is provided with a certificate of
insurance holding the City harmless with regards to accident or injury caused
by the maintenance, use and removal of said fence.
4. That the applicant be assessed an annual fee of $1.00 (One Dollar) per
linear foot of City right-of-way occupied by said fence.
Mr. Coppola now moved to recommit to the Committee on Legislation.
ADOPTED.
No. 166
Encroach Overhang - 80 South Elmwood
(Item No. 50, C.C.P., Mar. 21, 1995)
That the Commissioner of Public Works be and he hereby is, authorized
to issue a "mere license" to Mr. Paul Moretta, Ellicott Development
Corporation, owners of 80 South Elmwood, to install an overhang which would
encroach city right-of-way at said address, subject to the following
conditions:
1. That the applicant obtain any and all other City of Buffalo permits
necessary for said installation.
2. That the overhang 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 Department of Public Works with a
Certificate of Insurance, in an amount determined by the Corporation Counsel's
Office, 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 overhang.
PASSED.
AYES- 13 NOES- 0
No. 167
Ordinance Amendment - Chapter 479
Traffic Ordinances
(Item No. 191, C.C.P., Mar. 21, 1995)
That the Ordinance Amendment as contained in Item No. 191, C.C.P.,
March 21, 1995, be and the same hereby is approved.
PASSED.
AYES- ARTHUR, BELL, COLLINS, COPPOLA, CZAJKA, FRANCZYK, LOTEMPIO, PERLA, PITTS,
WILLIAMS, ZUCHLEWSKI- 11.
NOES- HELFER, LOCKWOOD- 2
No. 168
Ordinance to Remove Restaurant License Fees (PW)
(Item # 39 CCP February 21, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 169
Request Ordinance - Require Stores to be
Responsible for Shopping Carts
(Item No. 172, C.C.P., Feb. 7, 1995)
That the Common Council requests the Corporation Counsel to draft
an ordinance that will require store owners to:
1 . Develop a responsible cart management plan that will include
retrieving carts from neighboring city streets.
2. Require store proprietors to be held accountable and liable for
hazards to pedestrians, the handicapped, and property caused by abandoned
carts.
ADOPTED.
AYES- BELL, COLLINS, COPPOLA, CZAJKA, FRANCZYK, HELFER, LOCKWOOD, LOTEMPIO,
PERLA, PITTS, WILLIAMS
ZUCHLEWSKI- 12
NOES- ARTHUR- 1
No. 170
Tragedy at Lakeview Apts. (BMHA)
(Item # 90 CCP March 7, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 171
Rename Additional Portion of Seventh Street
(from Connecticut to Busti) as "Columbus Parkway"
(Item # 95 CCP March 7, 1995)
(Item # 149, CCP March 21, 1995)
That the above mentioned Item be and the same is hereby returned
to the Common Council without recommendation.
Mr. Coppola moved;
That the above mentioned item be and the same is hereby received and
filed.
ADOPTED.
No. 172
Request Info on Fire Service to Lackawanna
(Item # 175 CCP October 18, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 173
Explore Gun Intercept Program
(Item # 127 CCP December 13, 1994)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 174
Gun Intercept Program (CC)
(Item 65 CCP February 7, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 175
Gun Intercept Program (Pol)
(Item # 59 CCP March 7, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 176
Department Strip Searches (Pol)
(Item # 58 CCP February 7, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 177
Police Policy on Strip Searches (CC)
(Item # 46 CCP February 21, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 178
Policy on Strip Searches (Pol)
(Item # 57 CCP March 7, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 179
Policy on Strip Searches (Pol)
(Item # 55 CCP March 21, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
ECONOMIC DEVELOPMENT
HON. CARL A. PERLA JR.
CHAIRMAN
No. 180
Connecticut Street Urban Renewal Plan Amendment
(Item No. 215, C.C.P. 3/7/95)
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. Collins, the item is properly
before the Common Council, and the hearing be opened.
CARRIED.
Appearances -Louis Malucci-Community Development
Delores Sheehan, W.S. Housing Committee
Mary Rosbrook, Pres.-Connecticut St. Club
Deborah Seifert, 495 Connecticut
Richard Kern, 354 Bayners
Mr. Pitts now moved that the hearing be closed. Seconded by Mr. Perla
CARRIED.
Mr. Perla now moved to recommit to the Committee on Economic Development.
ADOPTED.
No. 181
Connecticut UR Plan Amendment
(Item # 8 CCP March 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.
No. 182
Connecticut UR Plan Amendment
(Item # 68 CCP March 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.
No. 183
HOME Rehabilitation Loans, 227 Colvin,
3165 Main, 438 Richmond and 2033 Genesee
(Item No. 79, C.C.P., Mar. 21, 1995)
That the Commissioner of Inspections and Community Revitalization
be, and he hereby is, authorized to release HOME Rental Rehabilitation funds at
4% for 15 years for 227-233 Colvin Avenue, in the amount of $17,000; for 3152
Main Street, in the amount of $80,000; for 438 Richmond Avenue, in the amount
of $25,000; for 2033 Genesee Street, in the amount of $10,000.
PASSED.
AYES- 13 NOES- 0.
No. 184
Annual Report - PILOT Agreements (Assmt)
(Item # 25 CCP February 7, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 185
Annual Report PILOT Agreements
(Item No. 92, CCP March 7, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 186
Unpaid PILOT Agreements
(Item # 47 CCP February 21, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 187
ECIDA - Info on Unpaid PILOT Agreements
(Item # 109 CCP March 7, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
POLICE REORGANIZATION
HON DAVID J. CZAJKA
CHAIRMAN
No. 188
Sites for North and Downtown Precincts (Pol)
(Item # 52 CCP November 1, 1994)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 189
E. Ferry Site for Police Precinct
(Item # 209 CCP November 15, 1994)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 190
E. Ferry Site for Police Precinct (A&F)
(Item # 51 CCP November 29, 1994)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 191
E. Ferry Site for Police Precinct (ICR)
(Item 45 CCP December 13, 1994)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 192
Support Relocation of Police Academy to Oak Street Site
(Item No. 185, C.C.P., Dec. 27, 1994)
That this Common Council endorses the proposed relocation of the
Police Training Academy to 275 Oak Street, offers its assistance in support of
the proposal, and encourages all involved parties to expeditiously finalize
relocation plans; and
That the City Clerk certify passage of this resolution and forward copies
thereof to John N. Cardarelli, Commissioner of Central Police Services, Dr.
Louis M. Ricci, President of Erie Community College, County Executive Dennis T.
Gorski, the Clerk of the Erie County Legislature, and Buffalo Police
Commissioner R. Gil Kerlikowske.
Mr. Czajka now moved to recommit to the Special Committee on Police
Reorganization.
ADOPTED.
No. 193
Establish Citizen's Police Review Board
(Item # 250 CCP July 26, 1994)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 194
Crime Problem near Schiller Park
(Item 177 CCP February 21, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
RESOLUTIONS
No. 195
By: Mr. Bell
Ordinance Amendment-Chapter 261 - Lead-Based Paint Abatement
The Common Council of the City of Buffalo does hereby ordain as
follows:
That Chapter 261 of the Code of the City of Buffalo be amended to read as
follows:
261-1. Definitions
261-2. Procedures related to identification of an EBL child.
261-3. Procedures for issuance of order to abate.
261.4. Standards for abatement.
261-5. Procedures related to inspection of abatement.
261-6. Liability of Department.
261-7. Penalties for offenses.
261-8. [Severability] Certification/Licensing requirements
261-9. Severability.
261-1 Definitions.
In this chapter, certain words, terms and phrases and their derivatives
shall be construed and given the meanings specified below:
ABATE/ABATEMENT - The appropriate reduction of, removal of, enclosure of, or
encapsulation of lead based paint followed by thorough cleanup and post cleanup
treatment of the surfaces and sources that promote exposure resulting in the
possibility of lead toxicity or poisoning.
APPROVED - Meets criteria established by the Environmental Protection Agency,
the Department of Housing and Urban Development, the State of New York, or by
the Commissioner of Inspections and Community Revitalization or his/her
designee.
CHILD/CHILDREN - A person under age six (6).
COMMISSIONER - The Commissioner of the Inspections and Community Revitalization
Department or his/her designee.
DEPARTMENT - The Department of Inspections and Community Revitalization.
ELEVATED BLOOD LEAD ("EBL") - Excessive absorption of lead in the blood in
concentrations defined as an "elevated blood lead level" in children by the
Center of Disease Control ("CDC") of the United States Department of Health and
Human Services, as that definition may be revised in the future by the CDC. A
copy of the most recent version of the CDC document: Preventing Lead Poisoning
in Young Children shall be kept on file at the City Clerk's Office.
ENVIRONMENTAL INSPECTION - A survey of a property, conducted by the
Commissioner to determine the presence of [any or certain lead-related
hazards.] a lead-based paint hazard or lead dust.
LABORATORY ANALYSIS - Shall mean quantitative analysis of suspect materials for
lead content by Atomic Absorption("AAS"), The analysis shall be conducted by a
laboratory approved under the New York State Department of Health,
Environmental Laboratory Approval Program ("ELAP").
LEAD BASED PAINT HAZARD - The presence of lead-based paint found on the
interior or exterior surfaces of any property or on any toy, appliance, item of
furniture or other household item that is easily accessible to a child or that
is cracking. peeling, chipping, blistering or flaking or is in a other wise
deteriorated condition or that is chalking so that the lead dust generated
therefrom is determined by the commissioner to pose a hazards or that is
present on surfaces defined as woodwork or wood trim- based on one (1) or more
of the following descriptions:
(1) Readinig of the X-RF analyzer taken during an environmental inspections
which indicates a lead content greater than or equal to 1mg/cm2 one (1)
milligram per centimeter squared.
(2) Laboratory analysis of paint samples taken during the environmental
inspection indicating more than five-tenths of a percent (0.5%) lead by weight.
(3) Laboratory analysis of dust samples taken during the environmental
inspection which indicate the existence of lead dust.
(4) Laboratory analysis of paint samples taken during the environmental
inspection indicating a lead lead content greater than or equal to one (1)
milligram per square centimeter.
LEAD-BASED PAINT VIOLATION - The violation of any applicable federal, state or
local law or regulation concerning lead-based paint abatement or a violation of
the provisions of this chapter. [or (2) the presence of lead-based paint on
the interior or exterior surfaces of any property or on any toy, appliance item
of furniture or other household item that is easily accessible to a child or
that is cracking, peeling, chipping, blistering or flaking or is in a other
wise deteriorated condition or that is chalking so that the lead dust generated
therefrom is determined by the Commissioner to pose a hazard; or that is
present on surfaces defined as woodwork or wood trim.]
LEAD DUST - Dust containing lead generated by the deterioration of lead-based
paint or by environmental factors in excess of the following levels:
- Floors: 200 micro-grams of lead per square foot (200 ug/sq.ft)
- Windows sills: 500 micrograms of lead per square foot (500 ug-/sq.ft)
- Window wells: 800 micrograms of lead per square foot (800 ug/sq.ft)
OWNER - Any person, firm, corporation, guardian, conservator, receiver,
trustee, executor or other judicial officer who, alone or jointly or severally
with others, owns, holds, or controls the whole or any part of the freehold or
leasehold title to any property, with or without accompanying actual possession
thereof, and shall include in addition to the holder of legal title, any vendee
in possession thereof, but shall not include a mortgagee or an owner of a
reversionary interest under a ground rent lease. In the case of a toy,
appliance, item of furniture or other household item which is the property of a
tenant, the term "owner" shall mean the tenant for the sole purpose of the
abatement of a lead-based paint violation existing thereon.
SECONDARY RESIDENCE - A caretaker's home, day-care center or other dwelling,
institution or property frequented by an EBL child.
SURFACE THAT IS EASILY ACCESSIBLE TO A CHILD - Shall mean the interior,
exterior or other
surface of dwelling or secondary residence that presents a potential biting
surface
(up to [four (4)] five (5) feet in height and up to four (4) inches in depth)
to a child.
VARIANCE - The process for obtaining relief from this of this chapter. Relief
shall based on an application to the department detailing procedures that meet
or exceed the safety and hazard reduction provisions of this chapter.
WOODWORK or WOOD TRIM - All wooden or metal interior fittings or ornamentation,
such as moldings, doors, staircases and window sashes and trim and all such
exterior surfaces easily accessible to a child.
261-2. Procedures related to identification of an EBL child.
A. In the event that a child has been identified as having an elevated blood
lead (EBL) level, the Commissioner shall [request the Department to] conduct an
environmental inspection of the child's dwelling and/or secondary residence.
If a lead-based paint violation is found, the Commissioner shall issue a notice
requiring the abatement of the violation by the owner in conformance with this
chapter.
B. A notice shall also be referred to the Erie County Childhood Lead
Poisoning Prevention Office and the Erie County Health Department.
261-3. Procedures for issuance of order to abate.
A. In the event that the Commissioner determines the existence of a
lead-based paint violation, the Commissioner shall notify the owner of the
property of the existence of the lead-based paint violation and order the
abatement of such violation within a specified time of the receipt of the
notice, not to exceed thirty (30) days unless otherwise ordered by the
Commissioner. Such violations shall be abated in conformance with the
standards set forth in 261-4.
B. To determine the existence of a lead-based paint violation, the
Commissioner shall [request the Department to] conduct an environmental
inspection of the property, including [to include] common areas of multiple
family dwellings. [A rebuttable presumption of the presence of lead- based
paint shall be based on one (1) or more of the following:
(1) Reading of the X-RF analyzer taken during an environmental inspection
which indicates a lead content greater than seven-tenths (0.7) milligram per
centimenter.
(2) Analysis of paint samples taken during the environmental inspection
indicating more than (0.5%) lead.
(3) Analysis of dust samples taken during the environmental inspection which
indicate the existence of lead hazard as determined by the Commissioner.]
C. In the event that the environmental inspection results in the
determination that lead dust is present in any dwelling or secondary residence
but that a lead-based paint violation does not exist, the Commissioner [may]
shall require that the dwelling or secondary residence be cleaned in
conformance with 261-4(6).
261-4. Standards for abatement.
The Commissioner shall be authorized to promulgate new regulations
covering standards for abatement and to make recommendations to the Council
regarding supplements to other sections and/or the addition of new sections to
this ordinance.
The minimum mandatory standards for every abatement of a lead-based paint
violation, whether or not that abatement is being carried out in response to a
notice issued by the Commissioner, an agency of government, a court or
voluntarily, are as follows:
A. Posting of dwelling or secondary residence under abatement.
(1) [A] No person engaged in the abatement of a lead-based paint violation
shall fail to post twenty (20) inch by fourteen (14) inch caution signs
immediately inside and outside the entrances and exits of a dwelling or
secondary residence under abatement. Such signs shall be conspicuously placed
and shall inform persons entering or exiting the property that an abatement of
a lead-based paint [violation] hazard will be or is being performed. The sign
shall include the phrase "Danger Lead Hazard Keep out" in bold red lettering at
least 2" high, The date of sign placement and start date for lead abatement
shall be indicated in bold letters at least one inch high, the telephone number
and name of persons to contact in case of emergency at least 1/2" high.
(2) Except in emergency situations, any person engaged in the abatement of a
lead-based paint violation shall post signs [shall be posted,] and provide
written notification to occupants of the dwelling under abatement and adjacent
dwellings, at least three (3) days in advance of commencing the abatement
project.
(3) Such signs shall remain posted until the Commissioner [Department] issues
a written notice in conformance with 261-5C to the owner.
4. Signs shall conform to the United States Department of Labor Occupational
Safety and Health Administration ("OSHA") language requirements.
B. Methods of abatement. Abatement of a lead-based paint violation shall
include[s] all of the following: removal of lead-based paint, encapsulation of
surfaces containing lead-based paint with approved systems/products, enclosure
of surfaces containing lead-based paint with approved system/products, or
replacement of surfaces containing lead-based paint; thorough cleanup; and post
cleanup treatment of surfaces, including floors. Abatement must be carried out
in conformance with the following.
[C.](1) General.
[(1)](a) If the surface requiring abatement is subject to a Buffalo City Code
violation or is found to be in violation of the Buffalo City Code, the
violation must be corrected prior to the abatement of the lead-based paint
violation, unless the Commissioner determines that the correction of the
violation is more appropriate after the abatement process.
[(2)](b) Work shall be done in progression through the dwelling or secondary
residence beginning with the area farthest from the entrance. In a multistory
dwelling or secondary residence, work shall begin on the uppermost floor in the
area farthest from the stairway.
[(3)](c) Furnishings, including [wall-to-wall] carpeting, must be removed from
each room or area as it is prepared for abatement. Those furnishings that
cannot be moved (e.g., built-in furniture) must be covered with plastic at
least six (6) mils. thick and sealed with tape. Attached wall to wall
carpeting must be High Efficiency Particle Accumulator ("HEPA") vacuumed, then
covered with half inch (1/2") plywood and then covered with two layers of six
(6) mils, plastic and sealed with fiber mesh duct tape. Furnishings should be
thoroughly cleaned to remove lead dust before returning them to a room that has
undergone abatement.
[(4)](d) Each area that is to be abated shall be contained [sealed] with
plastic at least six (6) mils thick and tape prior to abatement in order to
contain the lead dust and abatement residue. Where the containment is
accessible to the public or residents of the dwelling the work area shall be
secured by utilizing hardwall construction (2x4 studding- 16" on center covered
with at minimum 1/2 " cdx plywood).
[(5)](e) Sanding and use of an open flame torch and chemical strippers
containing methylene chloride are prohibited abatement techniques.
Methylene-chloride-based strippers may be used, if necessary, in small
quantities as a final touch-up method.
[(6)](f) All cabinets, closets and drawers must be seated with tape so as to
prevent contamination by lead dust and/or lead particles.
[(7)](g) In the case of a rental property, the tenant is responsible for the
removal of all ingestibles from any room or area under abatement prior to the
commencement of the abatement.
[(8)](h) The entire floor of the work area shall be covered with two (2) layers
of plastic whose combined thickness must be at least six (6) mils. thick or one
(1) layer of reinforced plastic which is at least six (6) mils. thick and all
seams must be sealed with fiber mesh duct tape and all edges secured with such
tape [or] and staples.
[(9)](i) All lead-based paint abated surfaces must be inspected by the
Department prior to the painting or coating of [said] such surfaces, Such
inspections will be completed within a reasonable time frame.
[D.](2) Walls/ceilings.
[(1)](a) If [the defective area of a] on a wall or ceiling a lead based paint
[violation] hazard [surface] is localized, only the defective area must
[should] be scraped and repaired to create a smooth surface. The entire wall
or ceiling (not simply the defective area) must then be repainted with [a] an
approved encapsulant product [paint containing less than 0.06% lead in the
final dried state] after (i) passing a departmental inspection in conformance
with Subsection [C(9)](1)(i) above and (ii) performing a clean up in
conformance with susbection [H](6) below.
[(2)](b) If the wall or ceiling condition is determined by the [Department]
Commissioner to be unsuitable for repainting with an elastomeric coating or
other approved encapsulant, covering with fiberglass, vinyl, Sheetrock and/or
[any] an approved type of paneling or other approved covering which seals the
seams and edges will be satisfactory.
[E.](3) Woodwork and wood trim.
[(1)](a)No person shall abate woodwork and wood trim except by the following
approved methods. The [A]approved methods are (i) replacement [covering with
new wood], (ii) encapsulation with an approved system or enclosure with an
approved system with sealed or caulked seams, and/or (iii) paint removal using
a heat gun or chemical strippers not containing methylene chloride.
Methylene-chloride based strippers may be used, if necessary, in small
quantities as a final touch-up method. Off-site chemical stripping of woodwork
or wood trim are also acceptable.
[(2)](b) [All] No person shall paint any lead-based paint abated surface[s]
[must be repainted] with paint containing less than six-hundredths of one
percent (0.06%) lead in the final dried state [after] until passing (i) a
departmental inspection in conformance with Subsection [C(9)](1)(i) above and
(ii) performing a clean up in conformance with Subsection [H](6) below.
[F.](4) Windows.
[(1)](a) No person shall abate window except by the following- approved
methods. [Acceptable] Approved methods are replacement window units and/or
removal of lead-based paint by use of a heat gun or chemical strippers not
containing methylene chloride. Methylene-chloride-based strippers may be used,
if necessary, in small quantities as a final touch-up method. Replacement
window slides may be used on sides of the existing frame.
[(2)](b) Windows must be completely abated, including inside, outside and sides
of sashes; window frames must be abated to the outside edge of the frame,
including slides, sash guides and window wells.
[(3)](c) [All] No person shall paint any lead-based paint abated surface[s]
[must be repainted] with paint containing less than six-hundredths of one
percent (0. 06%) lead in the final dried state [after] until passing (i) a
departmental inspection in conformance with Subsection [C(9)](1)(i) above and
(ii) performing a clean up in conformance with Subsection [H](6) below.
[G.](5) Floors.
[(1)](a) No person shall abate [F]floors coated with lead-based paint [must be
encapsulated using] without using an approved enclosure system such as vinyl
tile or linoleum flooring applied over permanently installed sub-flooring or by
complete removal of paint (paint removal shall conform to method described
within this ordinance). Upon written request from the owner, the Commissioner
may consider other appropriate means of abating floor surfaces.
(2) After cleanup of the entire work area in conformance with Subsection H
below, all applicable abated floors, stair treads and fisers must be sealed
using polyurethane, deck enamel or [the] an approved equivalent. [As an
alternative, vinyl tile, linoleum flooring or the equivalent may be used.]
(3) Floors already covered with intact vinyl tile, linoleum flooring or the
equivalent need only be cleaned in conformance with Subsection [HI(M below.
[H.](6) Cleanup.
(1)](a) At the end of each workday, rooms or areas in which abatement is
incomplete shall be thoroughly cleaned in conformance with this subsection or
properly sealed from the remainder of the dwelling or secondary residence.
[(2)](b) Before unsealing each room or area, it should be thoroughly cleaned,
inspected by the Department within a reasonable time frame, surfaces recoated
and then cleaned again. Once a room or area has received cleanup, it should
not be reentered by workmen.
[(3)](c) At a minimum, the first cleanup should consist of a thorough BEPA
vacuuming of all surfaces, including woodwork and wood trim, walls, ceiling,
windows and window wells and floors, followed by a high-phosphate wash and a
second BEPA vacuuming. After repainting or coating walls, woodwork and wood
trim, ceilings, windows and floors, the cleanup process should be repeated.
[(4)](d) In the absence of a BEPA vacuum, two (2) thorough wet washings with a
high-phosphate wash, with frequent changes of water, each followed by a wet
vacuuming while surfaces are still wet, followed by two (2) additional such
treatments after repainting or coating, will be considered satisfactory.
[(5)](e) Use of an ordinary household vacuum for cleanup of abatement debris is
prohibited. Sweeping should be limited to preliminary cleanings only.
[(6)](f) All sponges, rags, mopheads and other materials used in cleanup must
be properly disposed of along with other abatement debris.
[I.](7) Presence of occupants during abatement.
[(1)](a) The [Commissioner] Contractor shall [exercise his/her best efforts to]
instruct the occupants of the dwelling [or secondary residence] of the health
hazards associated with the abatement procedures, in writing, in compliance
with New York State regulations or as otherwise approved by the Commissioner.
[All occupants must be out of the work area while abatement is underway.]
[(2)](b) [Children] Persons under the age of twelve (12) and pregnant women are
specifically prohibited from entering and/or remaining in a dwelling [or
secondary residence] at any time during the abatement process, including times
when work is not in progress. These persons [should] shall not return to the
dwelling or secondary residence] until such time as the [Commissioner
determines that abatement has been completed in a satisfactory manner.]
abatement has been completed in a satisfactory manner pursuant to 261-5 of this
chapter.
(c) Access to units: The contractor shall not allow anyone access to the
areas under containment unless they comply with requirements as stated in
261-8.
(d) Tenant notice: Tenants of the unit to be abated shall be notified in
writing seven (7) days prior to the start of the abatement.
[J.](8) Safety of workers.
[(1)](a) No person shall carry [Persons carrying] out abatement activities
unless he/she complies [must comply] with all applicable federal, state and
local laws and/or regulations related to safety in the workplace.
[K.](9) Disposal of abatement waste.
[(1)](a) Disposal of waste generated in the course of the abatement process
shall be in compliance with federal and state standards for disposal.
(2)(b) Lead-abatement waste shall be transported and disposed of in a manner to
prevent lead from becoming airborne.
(3)(c) If disposal of lead waste is within the State of New York, disposal
facilities authorized for that purpose shall be used.
(4)(d) In no event shall such waste be disposed of through regular residential
or commercial trash collection.
[L.](10) Exemptions.
[(1)](a) The Commissioner may, on a case-by-case basis, approve an alternative
procedure or variance for abatement of a lead-based paint violation, provided
that the owner submits a written description of the alternative procedure to
the Commissioner and demonstrates to the satisfaction of the Commissioner that
compliance with this chapter is not practical or feasible or that the proposed
alternative procedure provides the equivalent control and removal. The
Commissioner, following his/her review, may approve an alternative procedure if
he/she determines that it will minimize the emissions of lead into the
environment.
261-5. Procedures related to inspection of abatement.
(A) The Commissioner may inspect any dwelling or secondary residence at any
time during the abatement to determine compliance with abatement standards.
(B) Follow-up inspection.
(1) When the abatement has been completed, [the Commissioner shall perform] a
follow-up environmental inspection shall be performed to determine if the
abatement has been completed in conformance with this chapter. This
determination shall be made based on [one (1) or more of] the following:
[(a) Reading of the XRF analyzer.]
(a) visual inspection to insure that abatement activities have been completed
in accordance with 261-4 of this chapter and applicable contract
specifications.
(b) Dust wipe sample analysis not to exceed lead dust levels.
[(c) Analysis of paint samples.]
(2) If a visual inspection of the property performed by a bona fide employed
inspector of the Department disclosed that the abatement was not carried out in
conformance with this chapter, further abatement action may be required.
Follow-up inspections shall be conducted by a certified licensed inspector
independent of parties conducting the abatement.
C. If abatement is determined to have been in compliance with any notice to
abate and in conformance with this chapter, the Commissioner shall issue a
written [statement] certification to the owner that the lead-based paint
violation notice has been abated. The written certification shall be
permanently filed with the Commissioner. Such [statement] certification shall
not preclude the Commissioner from issuing future notices of lead- based paint
violations against the same dwelling or [secondary] residence in accordance
with this [regulation] chapter.
D. At the conclusion of an abatement performed under proper permit from the
City of Buffalo, the final sign-off of the permit by the proper authority shall
indicate that, to the best of the [Department's] Commissioner's ability to
determine, the abatement was performed in conformance with this chapter.
261.6. Liability of Department.
The issuance of a [statement] certification by the Commissioner to an
owner that a lead-based paint violation notice has been abated does not subject
the Commissioner or the Department to any claims for liability if the issuance
of the statement was made in good faith.
261-7. Penalties for offenses.
A. Any violation of this chapter shall be deemed a violation of the Buffalo
City Housing Code, and violators shall be subject to any and all penalties set
forth in 1-15,
B. Any violation that remains unabated shall subject the owner to
prosecution in Buffalo City Court, Housing Part.
C. The Commissioner may determine that the severity of the condition
categorizes the building as a public nuisance and may direct that the nuisance
be abated in accordance with this chapter.
261-8. Certification/Licensing Requirements
A. All workers, supervisors, contractors and inspectors engaged in the
physical work of lead based paint abatement or testing procedures shall be
certified/licensed as required by applicable law or by a certified lead
abatement or inspection training program which meets or exceeds United States
Environmental Protection Agency requirements and must present proof of such
certification/licensing to the satisfaction of the Commissioner of Inspections
and Community Revitalization.
B. Contractors and inspectors shall maintain certification/licensure
specific to the discipline being performed.
261-9. Severability.
A. The provisions of this chapter are hereby declared severable. If any
word, phrase, clause, sentence, paragraph, section or part in or of this
chapter or the application thereof to any person, circumstance or thing is
declared invalid for any reason whatsoever, the remaining provisions and the
application of such provisions to other persons, circumstances or things shall
not be affected thereby but shall remain in full force and effect, the Council
hereby declaring that it would have ordained the remaining provisions of this
chapter without the word, phrase, clause, sentence, paragraph, section or part,
or the application thereof, so held invalid.
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, THE COMMISSIONER OF PUBLIC WORKS AND
THE COMMISSIONER OF INSPECTIONS AND COMMUNITY REVITALIZATION.
No. 196
By. Mr. Collins
Transfer of Funds
Common Council
That pursuant to section 42 of the Charter and the Certificate
of the Mayor and the Comptroller submitted to the Common Council, the sum of
$1,000 be and the same is hereby transferred from the Common Council and said
sum is hereby reappropriated as set forth below:
From:
100 General Fund
010 - Common Council
006 - Councilmember Czajka
302 - Transportation $1,000
To:
100 General Fund
010 - Common Council 001 - Legislative
112 - Temporary Services - Council Intern (Czajka) $1,000
PASSED.
AYES- 13 NOES- 0.
No. 197
By Mr. Collins
Transfer of Funds
Common Council
That pursuant to section 42 of the Charter and the Certificate
of the Mayor and the Comptroller submitted to the Common Council, the sum of
$1000 be and the same is hereby transferred from the Common Council and said
sum is hereby reappropriated as set forth below:
From:
100 General Fund
010 - Common Council
012-Councilmember LoTempio
302 - Transportation $1,250
505 - Meals $ 750
306 - Registration Fees $ 550
Total
$2,550
To:
100 General Fund
010 - Common Council
001 - Legislative
112 - Temporary Services - Council Intern (LoTempio) $2,550
PASSED.
AYES- 13 NOES-0.
No. 198
By Mr. Collins
Transfer of Funds
Common Council
That pursuant to section 42 of the Charter and the Certificate
of the Mayor and the Comptroller submitted to the Common Council, the sum of
$1000 be and the same is hereby transferred from the Common Council and said
sum is hereby reappropriated as set forth below:
From:
100 General Fund
010 - Common Council
009-Councilmember Franczyk
302 - Transportation $1,250
305 - Meals $ 750
306 - Registration Fees $ 550
Total $2,550
To:
100 General Fund
010 - Common Council
085 - Exempt Items
982 - Operating Equipment (Upgrade Computer) $2,550
PASSED.
AYES- 13 NOES- 0.
No. 199
By: Mr. Coppola
Request Update From Water Authority
Whereas: It would be beneficial to this Common Council to have
an update from the Water Authority on any improvements to the water treatment
plant and the current quality of water.
Now Therefore Be It Resolved that
this Common Council requests an update from the Water Authority on any
improvements to the water treatment plant and the current quality of water, and
that a response be filed by the next Council meeting, April 18, 1995.
ADOPTED.
No. 200
By: Mr. Coppola
CITY OF BUFFALO
LOCAL LAW NO. (1995)
INTRODUCTORY NO. 1 (1995)
A LOCAL LAW adopting section 459-e of the Charter of the City
of Buffalo in relation to an early retirement incentive.
BE IT ENACTED BY THE COMMON COUNCIL OF THE CITY OF BUFFALO AS FOLLOWS:
Section 1. That section four hundred fiftynine-e of the Charter of the City of
Buffalo, be adopted pursuant to law, to read as follows:
Sec. 459-e. 1995 Targeted Early Retirement Incentive.
(1) The City of Buffalo hereby elects to provide to eligible employees with a
retirement incentive program authorized by Chapter 12, Laws of 1995.
(2) The commencement date of the retirement incentive program shall be May
15, 1995.
(3) The open period during which eligible employees may elect to retire and
receive the additional retirement benefit, shall be 47 days in length.
(4) The actuarial present value of the additional retirement benefits payable
pursuant to the provisions of this local law shall be funded over a five-year
period. The amount of the annual payment in each of the five years shall be
determined by the Actuary of the New York State and Local Employee's Retirement
System and it shall be paid by the City of Buffalo for each employee who
receives the retirement benefits under this Local Law.
(5) This local law shall take effect immediately.
(6) The City of Buffalo's joint Council/Administration/Union/Comptroller
Budget Committee is responsible to oversee and make recommendations to manage
the workforce.
Approved as to Form
Edward Peace
Corporation Counsel
LAID ON THE TABLE.
No. 201
By Mr. Czajka
:
Home Rule Request
Regarding The Renovation And Expansion -Hennepin Park Community Center
Whereas, as provided in Title 3-A of the Executive Law ( 527-a
through 527-m), the New York State Division for Youth is authorized to enter
into agreements with municipalities for the construction or acquisition of, or
the renovation, rehabilitation, repair, remodeling or improvement of, areas,
buildings, structures or facilities intended for use as youth centers; and
Whereas, the City of Buffalo has been awarded approximately 2.7 million
dollars for the purpose of sponsoring certain improvements at Hennepin Park to
be undertaken by the New York State Division for Youth and Office of General
Services (the "Project"); and
Whereas, the planned improvements will require special state legislative
authorization prior to construction and implementation of the Project
permitting the City to lease specific portions of the Hennepin Park Community
Center to a not-for-profit agency for the purpose of carrying out various
recreational and human service programs; and
Whereas, the attached draft bill authorizing said lease has been reviewed
and approved by the New York State Office of Parks, Recreation and Historic
Preservation;
Now Therefore, Be It Resolved
That, the Common Council hereby approves this Home Rule Request for
special state legislative authorization as described above; and
That, the City Clerk forward this resolution together with the attached
draft bill, pursuant to Home Rule Request, to the local and Albany, New York
Offices of the Senator William T. Stachowski and Assemblyman Paul Tokasz, for
their consideration; and
That, a public hearing will be held before the Committee on Legislation
on April 11,1995 on Items No.100 and 201 of this meeting.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 202
By: Messrs. Czajka and Helfer
Ordinance Amendment
Chapter 175 - Fees
The Common Council of the City of Buffalo does hereby ordain as
follows:
That Chapter 309 of Chapter 175, Fees, of the Code of the City of Buffalo
be amended to read as follows:
DIAMONDS AND FIELDS
City Noncity
Resident Resident
Team permit, per season $50.00 $50.00
(grammar schools, high
schools, volleyball leagues
and little leagues excluded)
It is hereby certified, pursuant to Section 34 of the Charter, that the
immediate passage of the foregoing ordinance is necessary.
APPROVED AS TO FORM
Edward D. Peace
Corporation Counsel
NOTE: Matter in brackets [ ] to be deleted; matter underlined is new.
PASSED.
AYES - COLLINS, COPPOLA, CZAJKA, FRANCZYK, HELFER, LOCKWOOD, LOTEMPIO, PERLA,
PITTS, WILLIAMS - 10.
NOES - ARTHUR, BELL, ZUCHLEWSKI - 3.
No. 203
By: Mr. Franczyk
Payment of Certain Small Claims
Whereas, the Common Council, by Item No. 184, C.C.P., June 26,
1979, established a specific procedure for payment of claims of $100.00 or less
and Claims under Section 207 (a) and (c) of the General Municipal Law, which
pertain to medical bills of Policemen and Firemen in any amount; and
Whereas, the subject claims are eligible for consideration under the said
procedure; and
Whereas, the Department of Law has verified the validity of the claims
and recommend payment thereof,
Now Therefore, Be It Resolved:
That the Comptroller be, and hereby is authorized to make payment of the
following claims, and that said payment be charged against the "Judgment and
Claims Account" in the Department of Law:
1. Dennis and Bart Adams
Claim for refund of overpayment for Certificate of Occupancy for 208 Ladner.
$ 100.00
2. Lucia Mazuchowski
Claim for loss of garbage can at 489 Willett Street. $ 20.00
3. Karen Schmit
Claim for loss of garbage can at 138 Newfield St. $ 15.50
4. Karen Speed
Claim for refund of towing and storage charges for a vehicle that was
wrongfully towed to the Impound Garage. $ 82.00
5. Variety Club of Buffalo
Claim for a refund of unused Bingo License #1233 fee due to the cancellation
often (10) Bingo occasions. $ 55.00
6. Lawrence Ventola
Claim for clothing allowance for the year 1992 for a Laborer II in the
Department of Street Sanitation. Mr. Ventola was injured in December of 1992
and the Department did not pay him his clothing allowance. $
50.00
Investigation by the Department of Law reveals that the above claims are
valid and payment is hereby recommended.
PASSED.
AYES - 13 NOES - 0.
No. 204
By Mr. Franczyk:
CITY OF BUFFALO HOME RULE REQUEST REGARDING THE DISCONTINUANCE
AND CONVEYANCE OF CERTAIN LAND, THE SITE OF FORMER SCHOOL 25, USED AS PARK LAND
WHEREAS, the land in the City of Buffalo, the former site of School
25, located at the comer of Lewis and Lyman Streets, was reconveyed to the City
of Buffalo by the Buffalo Board of Education in 1967, and
WHEREAS, after said conveyance in 1967, the school building was
demolished but the school playground remained in use, although never formally
dedicated as parkland, and was maintained without the use of state or federal
funds; and
WHEREAS, upon the dedication and opening of Franczyk Park, located on
Lewis Street, across from the playground, the use of the playground was
discontinued, and has been discontinued for ten years or more, and the land has
remained vacant, unimproved, and unused for parkland or recreational use in all
that time; and
WHEREAS, the Polish Community Center, Inc., a not-for-profit corporation,
providing human services programs, has been designated developer of the site
former School 25 at Lewis and Lyman Streets to construct housing for low income
senior and disabled persons; and
WHEREAS, this Body has approved conveyance of the site to the designated
developer for good and fair consideration for the purpose of constructing
housing for low income senior citizens and disabled tenants on the property;
and
WHEREAS, it now appears that special state legislative authorization is
necessary to ratify the discontinuance and conveyance of the land at the
intersection of Lewis and Lyman Streets, the site of the former School 25;
NOW THEREFORE, BE IT RESOLVED
That, the Common Council hereby approves this Home Rule Request for
special state legislative authorization as described above; and
That, the City Clerk forward the attached bill, pursuant to Home Rule
Request, to the local and Albany, New York offices of Senator William T.
Stachowski and Assemblyman Francis Pordum, for their consideration.
ADOPTED.
No. 205
By Messrs.. Helfer and Pitts
Report on Expected Retirements in Police Department
Whereas: The Police Department currently has a force of approximately
950 personnel; and
Whereas: At this time, the Police Department does not have a class of
recruits trained and ready to fill vacancies that may occur in their
department; and
Whereas: It is not clear how soon a class of police recruits would be able
to commence given the current fiscal problems; and
Whereas: Retirements in the Police Departments usually range from 20 to 50
people annually, however there are predictions that a much greater number of
Police personnel will be eligible for retirement this year than in most other
years; and
Whereas: It is extremely important that the City of Buffalo will be prepared
to handle retirements in the Police Department not only from a financial
standpoint of the added retirement costs, but more importantly in terms of
manpower replacement; and
Whereas: This Common Council and the residents of the City of Buffalo need
to know the administration's contingency plans to handle any reduction in the
current complement of Police Officers for fiscal year 1995-96;
Now, Therefore, Be It Resolved:
That the Common Council request reports from the Department of
Administration and Finance and the Police Department estimating the number of
officers eligible to retire this year; and
Be It Further Resolved:
That the reports include the contingency plan for replacing retirees and
also explain the timeframe for establishing classes, completing the training,
and actually hiring new personnel in Police Department; and
Be It Further Resolved:
That the reports requested be filed with the City Clerk by the filing
deadline of 2 P.M., April 13, 1995, for the next Council Meeting.
ADOPTED.
No. 206
By: Mr. Helfer
Report on Drug Testing in the Buffalo Police Department
Whereas: In September of 1994, under guidelines established by
the Police Benevolent Association and city officials, the Buffalo Police
Department instituted a mandatory drug testing program for all sworn officers
in the department; and
Whereas: The program was supposed to have started by the end of 1994 with
all employees receiving an initial test and random tests to be given
thereafter; and
Whereas: According to the policy, anyone testing positive twice without
valid medical explanation or who twice refuses to be tested would be
terminated; and
Whereas: The Common Council and the residents of the City of Buffalo have
the right to know the results of drug testing within the Police Department and
whether any officers have been or are subject to be terminated for drug abuse;
Now, Therefore, Be It Resolved:
That the Common Council request the Commissioner of Police to file a
report as to when the drug testing started and the results of testing in the
Police Department, including in the report the number of officers testing
positive on the initial test, the number who have been referred to drug
rehabilitation or counseling agencies, the number who have refused testing, the
number who have tested positive twice, and the number who have been or about to
be dismissed for violation of the drug policy; and
Be It Further Resolved:
That if mandatory drug testing has not been initiated, the Commissioner
of Police be required to report why it has not started and when it will be
implemented; and
Be It Finally Resolved:
That the Commissioner of Administration and Finance report to this body
plans for replacing officers who have been terminated as a result of the drug
testing policy.
Be it Further Resolved:
That the reports requested be filed with the C the filing deadline of
2:00 P.M., April 13, 1995, for the next Council Meeting.
ADOPTED.
No. 207
By: Mr. Helfer
Add Kaleidoscope to Cable System
Whereas: "Kaleidoscope: America's Disability Channel" is an innovative
cable television programming service that is geared to the estimated 43 million
Americans with disabilities; and
Whereas: At the end of April the San Antonio, Texas-based cable channel will
move into a 24-hour format, providing a wide variety of family-oriented
educational, entertainment and information programs; and
Whereas: While Kaleidoscope targets the disabled and their families with
specialized shows featuring disability-related issues and information, its
programming content includes a wide range of shows that appeal to the entire
family; and
Whereas: All of Kaleidoscope's programs use open captions or sign language
for people who are deaf, and have selected programming with audio description
for people who are blind; and
Whereas: Unlike some other services added by TCI, Kaleidoscope is a cable
channel that has wide appeal, and its addition would perform a very important
public service as well as engendering a great deal of good will;
Now, therefore be it resolved:
That this Common Council requests that TCI of New York consider adding
"Kaleidoscope: America's Disability Channel" to its cable system in the city of
Buffalo.
ADOPTED.
No. 208
By Messrs. Helfer and Zuchlewski
Ordinance Amendment
Chapter 94 - Boilers and Engines; Engineers
The Common Council of the City of Buffalo does hereby ordain as
follows:
That Section 94-26 of Chapter 94 of the Code of the City of Buffalo be
amended to read as follows:
A. Where a power plant is in service regularly day and night, in the
absence of chief engineer, the assistant engineers must hold first class
engineer's license if the plant exceeds one hundred fifty (150) horsepower.
However, second class engineers may be employed on the same watch with the
chief engineer. Anything to the contrary in the foregoing notwithstanding, in
all buildings owned or operated by the City including Buffalo Public School
buildings, in accordance with or as required by state law, a person of
sufficient knowledge and training to operate the plant must be on the premises
at all times a power plant which exceeds one hundred fifty (150) horsepower is
in operation.
B. No power-developing unit [or units] shall be left unattended and
without a properly licensed engineer or refrigeration operator of the required
grade while such unit is in operation. Anything to the contrary in the
foregoing notwithstanding, in all buildings owned or operated by the City-
including Buffalo Public School buildings in accordance with or as required by
state law, a person of sufficient knowledge and training to operate the
power-developing unit must be on the premises at all times while such unit is
in operation.
C. One (1) chief engineer may be in charge of more than one (1) power
plant as a whole on a general property site of the same owner. Anything to the
contrary in the foregoing notwithstanding in all buildings owned or operated by
the City including Buffalo Public School buildings in accordance with or as
required by state law, a person of sufficient knowledge and training to operate
the power plant unit may be in charge of the general property site.
APPROVED AS TO FORM
EDWARD PEACE
Corporation Counsel
NOTE: Matter in brackets to be deleted; matter underlined is new.
REFERRED TO THE SPECIAL COMMITTEE ON EDUCATION
No. 209
By: Mrs. LoTempio
Payment Agreement for City Employees Requesting
Six Month Residency Waivers
Whereas: When an individual residing outside the City of Buffalo
is hired by the City, the individual requests a six month waiver to allow
adequate opportunity to relocate in the City; and
Whereas: There have been many instances where employees have requested
extensions to this waiver and other instances where employees have altogether
ignored their responsibility to move into the city; and
Whereas: Other cases involve people who use addresses of family members or
friends to sidestep the residency requirement; and
Whereas: The city must take steps to discourage people from extending the
waiver period or circumventing the residency requirements; and
Whereas: During this waiver period, the employee pays taxes and other
charges to towns and villages outside of the city but makes no such payments to
the city of Buffalo, the person's employer; and
Whereas: Requiring employees who request a residency waiver to sign an
agreement whereby the employee agrees to pay the city a portion of his or her
salary for the duration of the waiver period may be a way to encourage
employees to move into the city more quickly;
Now, Therefore, Be It Resolved:
That the Corporation Counsel advise this Common Council on whether an
agreement could be made between the City of Buffalo and an employee requesting
a residency waiver whereby the employee would be required to pay a portion of
his or her salary to the City for the duration of the waiver period and whereby
the employee would be subject to dismissal for not relocating in the City
within the allotted time frame; and
Be It Further Resolved:
That if such an agreement could be made, the Corporation Counsel draft an
example of an appropriate agreement using 5% of the employee's salary as a
benchmark for payment to the City of Buffalo.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE, THE COMMISSIONER OF ADMINISTRATION
AND FINANCE, THE CIVIL SERVICE COMMISSION AND THE CORPORATION COUNSEL.
No. 210
By: Mrs. LoTempio & Mr. Pitts
Crossroads Arena Local Contractor and Hiring
Whereas: The construction of the Crossroads Arena is one of the
largest construction projects presently underway in the City of Buffalo; and
Whereas: The City of Buffalo is contributing $10 million and the County of
Erie is contributing towards the Project's $127,000,000 construction budget and
providing other forms of financial assistance, including real property tax
abatement, to this project; and
Whereas: This construction activity can help alleviate unemployment and
other problems of the local economy; and
Whereas: The City of Buffalo should take every effort possible to ensure
that the financial benefits of this construction activity inure, to the
greatest extent feasible, to local residents and local business concerns;
Now, Therefore, Be It Resolved:
That the Corporation Counsel be and hereby is directed to propose the
following covenant for inclusion in Section 4.04 of the Development and
Construction Agreement to be entered into by and among the City, the County,
UDC, BURA and Crossroads Arena, LLC for the Crossroads Arena project:
(i) CALLC shall, to the greatest extent feasible, give, or cause its
contractors to give, preference to business concerns which are located in, or
owned in substantial part by persons residing in, the City of Buffalo and Erie
County in awarding contracts for work in connection with the Project. CALLC
shall, to the greatest extent feasible, require business concerns which are
awarded contracts for work in connection with the Project to give priority to
Local Unions of the City of Buffalo and Erie County for employment
opportunities in connection with the performance of such contracts.
And, to the greatest extent feasible CALLC shall require the Local Unions
to exert their utmost efforts to recruit sufficient numbers of skilled
craftsworkers to fulfill the manpower requirements of the contractor.
ADOPTED.
No. 211
By: Mr. Perla
Ordinance Amendment
Chapter 78 - Animals
The Common Council of the City of Buffalo does hereby ordain as
follows:
That Chapter 78, Animals, of the Code of the City of Buffalo be amended
to add a new Article VI to read as follows:
ARTICLE VI
Euthanasia
78-32 Fee
Each person who brings an animal to the City of Buffalo Animal Shelter
for the purpose of euthanasia shall be charged a fee for such service as
provided in Chapter 175, Fees.
It is hereby certified, pursuant to Section 34 of the Charter, that the
immediate passage of the foregoing ordinance is necessary.
APPROVED AS TO FORM
EDWARD D. PEACE
Corporation Counsel
Note: Matter underlined is new.
PASSED.
AYES - ARTHUR, BELL, COLLINS, CZAJKA, FRANCZYK, HELFER, LOCKWOOD, LOTEMPIO,
PERLA, PITTS, WILLIAMS, ZUCHLEWSKI - 12.
NOES - COPPOLA - 1.
No. 212
By: Mr. Perla
Ordinance Amendment
Chapter 175 - Fees
The Common Council of the City of Buffalo does hereby ordain as
follows:
That Chapter 78 of Chapter 175, Fees, of the Code of the City of Buffalo
be amended to read as follows:
Chapter 78, Animals
78-32, Euthanasia for each animal $10.00
It is hereby certified, pursuant to Section 34 of the Charter, that the
immediate passage of the foregoing ordinance is necessary.
APPROVED AS TO FORM
EDWARD D. PEACE
Corporation Counsel
NOTE: Matter in brackets [ ] to be deleted; matter underlined is new.
PASSED.
AYES - ARTHUR, BELL, COLLINS, CZAJKA, FRANCZYK, HELFER, LOCKWOOD, LOTEMPIO,
PERLA, PITTS, WILLIAMS, ZUCHLEWSKI - 12.
NOES - COPPOLA- 1.
No. 213
By: Mr. Perla
Trailblazing Signage for Seventh Street as
"Columbus Parkway"
Whereas: A proposal has been presented to the Common Council requesting
the renaming of Seventh Street between Connecticut Street and Busti Avenue as
"Columbus Parkway"; and
Whereas: Residents of Seventh Street, both in favor of this proposal or
opposed to it, have appeared before the Legislation Committee of the Common
Council or have signed petitions stating support or opposition for the proposed
renaming; and
Whereas: This issue has caused much controversy and has the potential to
create animosity and hard feelings in the community regardless of whether the
street name is changed or remains the same; and
Whereas: There is a very distinct division in the feelings of the community,
with the homeowners and residents of the two blocks between Connecticut Street
and Rhode Island Street (676 - 801 Seventh Street) showing overwhelming support
for the change, while the homeowners and residents between Rhode Island Street
and Busti Avenue are in extreme opposition to the proposed change; and
Whereas: A compromise must be reached which will satisfy all parties, and
make it safe and convenient for emergency vehicles and others trying to locate
addresses along this street; and
Whereas: Formally changing the name on the two blocks from 676 to 801
Seventh Street (Connecticut to Rhode Island) to Columbus Parkway in accordance
with the wishes of those residents, while designating the remainder of the
street as Columbus Parkway but not formally changing the name of Seventh Street
between Rhode Island and Busti, will allow for a continuous identify from
Porter Avenue to Busti Avenue without subjecting those individuals residing
between Rhode Island and Busti Avenue with any of the inconveniences associated
with a street name change;
Now, Therefore Be It Resolved:
That this Common Council adopt the proposition to formally rename Seventh
Street on those two blocks between Connecticut Street and Rhode Island Street
numbered 676-801 to Columbus Parkway; and
Be It Further Resolved:
That this Common Council request that the Department of Public Works
install trailblazing signs underneath existing Seventh Street signage between
Rhode Island Street and Busti Avenue as "Columbus Parkway" to create a
continuous identify for this street; and
Be It Finally Resolved:
That upon adoption of this resolution the City Clerk be directed to
notify the City Planning Board and to make arrangements for an appropriate
Public Hearing to commence the formal street name change process.
That after a public hearing, this Common Council adopt the position to
formally rename Seventh Street on those two blocks between Connecticut Street
and Rhode Island Street numbered 676-801 to "Columbus Parkway", and
That this Common Council request that the Department of Public Works
install trailblazing signs underneath existing Seventh Street signage between
Rhode Island Street and, Busti Avenue as "Columbus Parkway" to create a
continuous identity for this street; and
That upon adoption of this resolution the City Clerk shall send a
certified copy to those persons listed in Section 286-5 of the Ordinances and
to the Buffalo Police and Fire Dispatchers and the Police Administration and
Communication Office, c/o Cindy Diem.
PASSED.
AYES - 13 NOES - 0.
No. 214
By: Mr. Perla
Public Hearing 21 st Year Community Development Block Grant Application
and Consolidated Plan
Whereas: The Administration and the Common Council have been preparing
submissions for inclusion in the 21 st Year Community Development Block Grant
Application; and
Whereas: In addition, the Administration, complying with the United States
Department of Housing and Urban Renewal mandate, is completing work on the City
of Buffalo Consolidated Plan; and
Whereas: A public hearing is required for both the Block Grant package and
the Consolidated Plan
Now, Therefore, Be It Resolved:
That the Common Council direct the City Clerk to advertise for a Public
Hearing conducted by the Economic Development Committee on Thursday, April 20,
1995, at 7:00 p.m. in the Council Chamber for the purpose of reviewing the City
of Buffalo Consolidated Plan with administration officials, interested
community organizations, and other individuals; and
Be It Further Resolved:
That the Common Council review and discuss the 21st Year Community
Development Block Grant proposal with administration officials and other
interested parties as part of this stated public hearing.
REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT.
AYES - ARTHUR, COLLINS, COPPOLA, CZAJKA, FRANCZYK, HELFER, LOCKWOOD, LOTEMPIO,
PERLA, PITTS, WILLIAMS - 11.
NOES - BELL, ZUCHLEWSKI - 2.
No. 215
By: Mr. Pitts
Waiver of Permit Fee by Ellicott Houses, Inc.
For Roof Replacement Project
Whereas, Ellicott Houses, Inc. ("Ellicott") is a subsidiary of
the Urban Development Act ("UDC"); and
Whereas, on February 20, 1994, UDC issued a Certificate of Occupancy with
a classification of B-1 Multiple Dwelling - Permanent Occupancy to Ellicott;
and
Whereas, Gerald T. Stay, the successful bidder on the roof replacement
project, applied for and was denied a building permit in May of 1993. The
reason given by the Department of Inspections for the denial was that personnel
in the permit office was seeking to reclassify the Ellicott dwellings from B-1
multiple dwellings to A-1 single family dwellings, and as such these buildings
would not meet A-1 code requirements.
Whereas, Ellicott has obtained funding for the roof replacement project
from the New York State Housing Finance Agency through the State's Project
Improvement Program which determined the loan amount based upon the actual bid
reviewed from the contractor according to the plans and specifications approval
by the State Division of Housing and Community Renewal ("DHCR"); and
Whereas, the architect has advised that if the attempted A-1
classification of Ellicott is permitted, it will add more than $100,000.00
dollars to the cost of the project; and
Whereas, such an additional cost increase would result in a major and
significant hardship for Ellicott and would undermine the intent of the UDC and
the New York State Housing Finance Agency; and
Whereas, the Common Council is empowered to waive permit fees by virtue
of its inherit powers pursuant to 175-1 of the City Code and the "Necessary and
Proper" clause of 33 of the City Charter, and its general grant of power as
pursuant to Chapter 10 11 of the City Charter.
Now, therefore, be it resolved:
That this Honorable Body hereby waives the permit fees as they pertain to
the Ellicott Roof Replacement project; and
Be it further resolved:
That the City Clerk forward certified copies of this resolution to the
City Department of Inspections, the City office of Permits, the New York State
Housing Finance Agency and the successful bidder for the Roof Replacement
Project, Gerald T. Stay.
PASSED.
AYES - 13 NOES - 0.
No. 216
By Mr. Pitts
Establish District Heating Program for the Crossroads Arena
WHEREAS: The City of Buffalo established a District Heating Program
years ago. This program includes the old City Court Building, the B.A.C.
Building, City Hall and the Erie County Court Building; and
WHEREAS: This program is successful. The City recently received
substantial revenues as a result of savings associated with the program; and
WHEREAS: The construction of the new Crossroads Arena poses an
opportunity to develop a District Heating Program utilizing the Memorial
Auditorium boilers; and
WHEREAS: A District Heating Program with Crossroads Arena could save
approximately two million dollars in costs associated with heating and
utilities. Also, the District Heating system could service the New York State
Office Building, the Buffalo News and the Marine Midland Buildings, it offers
substantial savings to these organizations and businesses; and
WHEREAS: The City of Buffalo would gain needed revenues while providing
an invaluable service through the Auditorium, which has an indeterminate
alternative use.
NOW THEREFORE BE IT RESOLVED:
That the Common Council requests the Department of Public Works to
conduct a feasibility study to establish a District Heating Program at Memorial
Auditorium to service the Crossroads Arena and surrounding buildings.
REFERRED TO THE AUDITORIUM AND STADIUM TASK FORCE, THE COMMISSIONER OF PUBLIC
WORKS AND THE BUFFALO SABRES.
No. 217
BY: Mr. Pitts
SET PUBLIC HEARING
Proposed Land Disposition Agreement-Crossroads Arena
Whereas, Crossroads Arena, LLC (herein referred to as the "Redeveloper")
has been duly designated as a qualified and eligible Redeveloper in accordance
with the rules and procedures prescribed by the City of Buffalo Urban Renewal
Agency; and
Whereas, a Contract for Lease of Land for Private Redevelopment ("Land
Disposition Agreement") has been negotiated for the disposition of a parcel in
the Waterfront Urban Renewal Project for the development and construction of
the Crossroads Arena Sports and Entertainment Complex, together with a
Development and Construction Agreement by and among the Redeveloper, the City,
BURA, the County of Erie, the Erie County Industrial Development Agency and the
new York State Urban Development Corporation in the form of Exhibit A attached
hereto.
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
6th day of April, 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
18th day of April, 1995.
ADOPTED.
No. 218
By Mr. Pitts
Proposed Amendments to the Zoning Ordinances of the City Charter
Whereas: The City of Buffalo has been considering a moratorium
and use permit process to govern the placement of various Social Service
Agencies. This potential legislation is in response to concerns about
over-saturation especially in the Allentown and Linwood-Oxford communities, and
Whereas: The following attached amendments are proposed to the Zoning
Ordinances which will establish a restricted use permit process.
Now Therefore Be it Resolved That:
The Common Council requests the Corporation Counsel to write these
amendments as to form so that they may be acted upon by the Common Council.
Further Be It Resolved That:
The Common Council requests the Division of Planning to comment upon the
implementation of these proposed regulations.
REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CORPORATION COUNSEL.
No. 219
By Mr. Pitts and Mrs. LoTempio
Possible Termination of TCI Contract
Whereas: TCI of New York's franchise to operate in the city of
Buffalo expired on February 12, 1994; and
Whereas: Because TCI was involved in negotiations for a new franchise, the
New York State Commission on Cable Television approved three six-month
extensions of the existing agreement; and
Whereas: Franchise negotiations have been proceeding slowly, and the city is
disappointed with the lack of progress in the past few months; and
Whereas: Because of consumer discontent with TCI, the city issued a
Request-For Proposals in an effort to bring additional cable companies to
Buffalo; and
Whereas: The response to the city's RFP has not been encouraging, because of
cable companies' apparent reluctance to compete against the largest cable
company in the nation; and
Whereas: In recent months TCI has continued to alienate consumers with
recent rate hikes, including an increase in the basic/expanded basic service
that most subscribers receive from $21.20 to $22.39 effective May 1995;
Now, therefore be it resolved:
That, should a new franchise agreement between the city of Buffalo and
TCI of New York not be in place by September 30, 1995, the Corporation Counsel
be directed to initiate proceedings to terminate TCI's existing franchise and
seek a new cable operator.
ADOPTED.
No. 220
By: Mr. Pitts
St. Paul & St. Mark Shoreline Church's
Use of Erie Basin Marina
Whereas: St. Paul and St. Mark's Shoreline Church has held its
Easter Sunrise Service at the Erie Basin Marina for the past 19 years, and
Whereas: The Common Council has given permission to utilize the Marina with
an electrical outlet for sound, based upon the cooperation of the Department of
Public Works, and
Whereas: This year's service begins at 6:00 a.m. on April 16, 1995 and will
accommodate at least approximately 80 people.
Now Therefore Be It Resolved That:
The Common Council approves the use of the Erie Basin Marina by the St.
Paul and St. Mark's Shoreline United Church of Christ on Sunday, April 16, 1995
at 6:00 a.m. subject to conditions stipulated by the Department of Public
Works.
PASSED.
AYES - 13 NOES - 0.
No. 221
By Mr. Zuchlewski
Banner - Niagara Square
Showcase of Progress
Whereas: Showcase of Progress is being sponsored by the Buffalo
Board of Education and will be held at the new Makowski Early Childhood Center
on May 26, 1995, and
Whereas: This day long event is being held not only to showcase the new
state-of-the-art facility but to show off the great things that are happening
in the schools system-wide, and
Whereas: To publicize the event, the Showcase public relations committee
would like to have permission to hang a banner in Niagara Square at Court
Street from May 10th to May 30th, and
Whereas: This banner will be commercially produced and professionally hung
and maintained, and
Now, Therefore, Be it Resolved:
That the public relations committee of the Showcase of Progress is
granted permission to hang a banner in Niagara Square at Court Street from May
10th to May 30th.
PASSED.
AYES - ARTHUR, BELL, COPPOLA, CZAJKA, FRANCZYK, HELFER, LOCKWOOD, LOTEMPIO,
PERLA, PITTS, WILLIAMS, ZUCHLEWSKI - 12.
NOES - COLLINS - 1.
No. 222
By Mr. Zuchlewski
Request School Board to Develop a More
Cost Effective Utilization of the Makowski School
Whereas: The $17.4 million Stanley M. Makowski Early Childhood
Center is scheduled to open at the beginning of the 1995-96 school year, and
Whereas: Current plans call for student placements for this new school to be
taken from Martin Luther King and Frank Sedita School 38 with a city-wide
lottery to place the remaining openings, and
Whereas: The Buffalo School Board has requested an additional $2,748,938 in
funding to open this school in September, and
Whereas: This request does not include the cost for custodial services,
utilities, supplies or busing of students, and
Whereas: The projected deficit for the Buffalo School Board in the 1995-96
fiscal year has been estimated between $26.6 and $35.5 million and up to $239.5
million over the next five years, and
Whereas: The $396 million budget request to submitted to the Mayor assumes a
$17 million increase in State Aid and $8 million in additional City Aid that by
most accounts is overly optimistic, and
Whereas: In the Buffalo Financial Plan released on March 22, 1995, it is
recommended that a cost effective utilization of the Makowski School could save
the Board an estimated $3.45 million, and
Whereas: It is fiscally more responsible to consolidate existing outdated
facilities, with existing staff and existing busing costs rather than assume
additional costs, and
Whereas: The Board has scheduled the city-wide lottery for the Makowski
School for Aril 13, 1995 making this a critical period if they are to achieve
any cost savings,
Now, Therefore, Be It Resolved:
That this Common Council request the Buffalo School Board to re-evaluate
the existing plans for the utilization of the Stanley M. Makowski Early
Childhood Center and adopt a more fiscally responsible policy that reduces
costs rather than increase costs.
REFERRED TO THE SPECIAL COMMITTEE ON EDUCATION, THE BOARD OF EDUCATION AND THE
BUFFALO TEACHERS FEDERATION.
No. 223
By Mr. Zuchlewski
Justification of annual fee for private dwellings that use boiler
heating as their main heating source.
Whereas: The City of Buffalo presently charges an annual fee to
private homeowners who heat their homes through the means of a boiler heating
system, and
Whereas: This annual fee totals $15.64 for a single family home and $31.28
for a double family home. This fee is split evenly and is billed on the
November and February water bills, and
Whereas: Hot Water Heating is a closed system and the same water circulates
through radiators year after year and rarely is it necessary to add additional
water to the system, and
Whereas: This fee appears to be an unwarranted charge to the private
homeowner who heats with a boiler heating system, and
Now, therefore, Be it Resolved:
That this Common Council requests that the City of Buffalo Department of
Water review this charge and justify to this honorable body why this additional
expense is added to the water bills for private dwellings that use boiler
heating as their main hearing source, and
Be it further resolved:
That this Common Council would like to have this information on or before
their meeting date of May 2, 1995.
REFERRED TO THE COMMITTEE ON FINANCE AND THE COMMISSIONER OF PUBLIC WORKS.
No. 224
By Mr. Zuchlewski
Turn Convention Center Operation over to Erie County
Whereas: According to the contract between the city and county,
operating funds for the Buffalo Convention Center are to be provided by the
City of Buffalo, while Erie County is responsible for structural capital
improvements; and
Whereas: Over the years, numerous disputes related to the level of support
afforded to the Convention Center have occurred, as well as a lawsuit related
to the 1975 Agreement for the Financing, Construction, Leasing and Operation of
the Convention Center, commonly known as the "Bed Tax Lawsuit"; and
Whereas: In March of 1994, the City and County executed a settlement to the
lawsuit, which included provisions related to the County's financial
obligations toward the new Crossroads Arena project; and
Whereas: The County's recent decision to alter its financing plans for
Crossroads necessitates an Amendment to the Bed Tax Litigation Settlement
Agreement, a portion of which includes negotiations on the future of the
Buffalo Convention Center; and
Whereas: Over the past few years, the city has made annual appropriations
between $1.7 and $1.9 million for Convention Center operations, while receiving
annual income of between $825,000 and $1 million from the center, essentially
costing the city nearly one million dollars per year for Center operations; and
Whereas: The Convention Center is at a stage in its existence where many
capital expenses will be needed to properly maintain the facility, and any
disputes between the city and county which hamper these necessary repairs will
jeopardize the viability of the facility;
Whereas: There has been ongoing discussion about the consolidation of City
and County services, and, in fact, the County has appropriated $1 million in
its current budget to explore consolidations; and
Whereas: A simple consolidation would be the complete transfer of all
Convention Center operations to Erie County, with the city of Buffalo
concurrently relinquishing any claims for bed tax proceeds;
Now, Therefore, Be It Resolved:
That this Common Council express its desire to turn over the total
operation of the Buffalo Convention Center to the County of Erie, while in
conjunction with this transaction, the city relinquish claims for bed tax
proceeds; and
Be It Further Resolved:
That the Corporation Counsel advise this Council on the appropriate
action necessary to realize this proposal; and
Be It Finally Resolved:
That the City Clerk forward certified copies of this resolution to County
Executive Dennis Gorski, the Erie County Legislature, and the Board of
Directors of the Convention Center Management Corporation.
ADOPTED.
AYES - BELL, COLLINS, COPPOLA, CZAJKA, FRANCZYK, HELFER, LOCKWOOD, LOTEMPIO,
PERLA, PITTS, WILLIAMS, ZUCHLEWSKI - 12.
NOES - ARTHUR - 1.
No. 225
By Mr. Zuchlewski
Felicitations/In Memoriam
Attached hereto are Felicitation and In Memoriam Resolutions sponsored
by Members of the Common Council as indicated:
Felicitation for Rev. Jimmie Hardway, Jr.
By Councilmember Arthur
Felicitation for Mamie Smith
By Councilmember Collins
Felicitation for Edward James
By Councilmember Collins
Felicitation for Danis Gehl
By Councilmember Helfer
Felicitation for Mrs. Allscena Hargrave
By Councilmember Pitts
ADOPTED.
No. 226
By Mr. Zuchlewski
Appointments Commissioner of Deeds Required-Performance of Public
Duties
That the following persons are hereby appointed as Commissioner
of Deeds for the term ending December 31, 1996, conditional upon the person so
appointed certifying, under oath, to their qualifications and filing same with
the City Clerk:
Tyrone L. Hargrove
Mary K. Maloney
ADOPTED.
No. 227
By Mr. Zuchlewski
Appointments Commissioner of Deeds
That the following persons are hereby appointed as Commissioner
of Deeds for the term ending December 31, 1996 , conditional upon the person so
appointed certifying under oath to their qualifications and filing the same
with the City Clerk:
Gina Ceglia
Richard A. Hull
Loretta Perkins
Lewis D. Rogers
ADOPTED.
UNFINISHED BUSINESS
No. 228
Option Agreement - Painters District Council Virginia Street and Elmwood Avenue
(Item No. 3, C.C.P., July 1, 1994)
Mr. Pitts moved that the above item be taken from the table.
Seconded by Mr. Perla.
Mr. Pitts moved:
That after negotiations authorized by the Common Council, the
Comptroller and the Corporation Counsel are hereby authorized to make a
purchase offer to the Painters District Council #4 for the properties located
at Virginia Street and Elmwood Avenue in the amount of $575,000 and, if
accepted by the Painters District Council #4, they shall prepare documents for
the purchase of such properties returnable to the Common Council for final
approval of such purchase.
ADOPTED.
AYES - ARTHUR, CZAJKA, FRANCZYK, LOCKWOOD, PERLA, PITTS, WILLIAMS, ZUCHLEWSKI -
8.
NOES - BELL, COLLINS, COPPOLA, HELFER, LOTEMPIO - 5.
No. 229
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, April 11, 1995 - 9:30 AM
Finance Tuesday, April 11, 1995 - following Civil
Legislation Tuesday, April 11, 1995 2:00 PM
Economic Dev Wednesday, April 12, 1995, 10:00 AM
U R Agency Wednesday, April 12, 1995 following Ec. Dev.
Ancillary Committees
Council Meeting Thurs, April 6, 1995 1:00 PM
Council Chamber
No. 230
Adjournment
On a motion by Mr. Pitts, Seconded by Mr. Zuchlewski, the Council
adjourned at 5:10 P.M.
CHARLES L. MICHAUX, III
CITY CLERK
Board of Police and Fire Pension Proceedings #3
Mayor's Office - 201 City Hall
March 30,1995
Present: Anthony M. Masiello, Mayor; R. Michael McNamara, Deputy
Comptroller-2
Absent: George K. Arthur, Council President - 1
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 March 1996 amounting to $28,767.18, and respectfully request
that checks be drawn to the order of the persons named herein for the amounts
stated.
Adopted
Ayes-2. Noes-0.
No. 2
The following annuitant has been cancelled from the Fire Pension
Fund:
Loretta Zimmerman Died 2/18/95
Ruth Clancy Died 3/18/95
Received and Filed
No. 3
I transmit herewith the Pension Payroll for the Police Pension
Fund for the month of March 1995 amounting to $29,487.64, and respectfully
request that checks be drawn to the order of the persons named herein for the
amounts stated.
Adopted.
Ayes-2. Noes-0.
No. 4
On motion by Mr. Masiello the City of Buffalo Police and Fire
Pension Board Meeting adjourned at 11:10 a.m.
COMMON COUNCIL
CITY HALL
BUFFALO, NEW YORK
SPECIAL SESSION
APRIL 6, 1995 AT 1:00 P.M.
Present - George K. Arthur, President of the Council, and Councilmembers:
Bell, Collins, Coppola, Czajka, Franczyk, Helfer, Lockwood, LoTempio, Perla,
Williams, Zuchlewski. - 12.
Absent - Councilmember Pitts - 1.
No. 1
Call for Special Session
Mr. Charles L. Michaux, III
City Clerk
1308 City Hall
Buffalo, New York
Pursuant to Section 30 of the Charter of the City of Buffalo, upon the
written request of five Council Members of the City of Buffalo, dated March 31,
1995, presented to you herewith, I hereby call a Special Meeting of the Common
Council, to be held in the Council Chambers, City Hall, Buffalo, New York, on
April 6, 1995 at 1:00 p.m. for the following purpose:
To receive and resolve items in the Committee of the Whole and to take
appropriate action on items that are before the Committee of the Whole.
GEORGE K. ARTHUR
President of the Council
RECEIVED AND FILED.
Hon. George K. Arthur
President of the 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 action on items that are before the Committee of the Whole.
WE request that this Special Meeting be held on April 6, 1995 at 1:00
P.M.
BARBARA MILLER-WILLIAMS
DAVID A. COLLINS
ROSEMARIE LOTEMPIO
KEVIN J. HELFER
DAVID J. CZAJKA
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:
CLIFFORD BELL BONNIE KANE LOCKWOOD
DAVID A. COLLINS ROSEMARIE LOTEMPIO
ALFRED T. COPPOLA CARL A. PERLA, JR.
DAVID J. CZAJKA JAMES W. PITTS
DAVID A. FRANCZYK BARBARA A. MILLER-WILLIAMS
KEVIN J. HELFER DALE L. ZUCHLEWSKI
hereby states that he/she received 24 hours' notice of the time and purpose of
the Special Meeting of the Common Council duly called be held on April 6, 1995
at 1:00 P.M.
STATE OF NEW YORK)
COUNTY OF ERIE )ss:
CITY OF BUFFALO )
On this 31 day of March, 1995, before me, the subscribers, personally
appeared Clifford Bell, David A. Collins, Alfred T. Coppola, David J. Czajka,
David A. Franczyk, Kevin J. Helfer, Bonnie Kane Lockwood, Rosemarie LoTempio,
Carl A. Perla, Jr., James W. Pitts, Barbara A. Miller-Williams and Dale L.
Zuchlewski 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.
GERALD A. CHWALINSKI
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
March 31, 1995 the HON. GEORGE K. ARTHUR, has a called a Special Meeting of
the Common Council, to be held in the Council Chambers, City Hall, Buffalo, New
York, on April 6, 1995 at 1:00 p.m. for the following purpose:
To receive and resolve items in the Committee of the Whole and to take
appropriate action on items that are before the Committee of the Whole.
CHARLES L. MICHAUX, III
City Clerk
No. 2
Mr. Bell moved that the Council now resolve into the Committee
of the Whole to consider those items referred thereto.
Seconded by Mr. Coppola.
CARRIED.
No. 3
Purch. 12 Elmwood- Firehouse (HRG HELD)
(Item No. 223, C.C.P., Oct. 4, 1994)
Mr. Bell moved that the above item be received and filed.
Seconded by Mr. Coppola
ADOPTED.
No. 4
Sal. Ord. Amend.- P. Works/Bldgs.
(Item No. 175, C.C.P., Feb. 7, 1995)
Mr. Bell moved that the above item be approved.
Seconded by Mrs. LoTempio.
PASSED.
AYES - 12 NOES - 0.
No. 5
Sal. Ord. Amend.- Comm. Development
(Item No. 176, C.C.P., Feb. 7, 1995)
Mr. Bell moved that the above item be approved.
Seconded by Mr. Coppola.
PASSED.
AYES - BELL, COLLINS, CZAJKA, FRANCZYK, HELFER, LOCKWOOD, LOTEMPIO, PERLA,
WILLIAMS, ZUCHLEWSKI - 10.
NOES - ARTHUR, COPPOLA - 2.
No. 6
Sal. Ord. Amend.- Various Depts.
(Item No. 177, C.C.P. Feb. 7, 1995)
Mr. Bell moved that the above item be received and filed.
Seconded by Mr. Franczyk.
ADOPTED.
No. 7
2nd Qtr. Budget Gap Projection (A&F)
(Item No. 69, C.C.P. Jan. 24, 1995)
Mr. Bell moved that the above item be received and filed.
Seconded by Mr. Czajka.
ADOPTED.
No. 8
1994-1995 Budget Revenues Update
(Item No. 63, C.C.P. Apr. 4, 1995)
Mr. Bell moved that the above item be tabled in the Committee
of the Whole.
Seconded by Mr. Helfer.
ADOPTED.
No. 9
Solutions to Budget Gap Problems
(Item No. 189, C.C.P. Mar. 7, 1995)
Mr. Bell moved that the above item be tabled in the Committee
of the Whole.
Seconded by Mrs. Lockwood.
ADOPTED.
No. 10
Solutions to Budget Gap Problems (A&F)
(Item No. 88, C.C.P. Mar. 21, 1995)
Mr. Bell moved that the above item be tabled in the Committee
of the Whole.
Seconded by Mrs. Lockwood.
ADOPTED.
No. 11
Proposal to Balance Budget
(Item No. 205, C.C.P. Mar. 7, 1995)
Mr. Bell moved that the 1st resolve of the above item be received
and filed and that the 2nd resolve be tabled in the Committee of the Whole.
Seconded by Mrs. LoTempio.
Mr. Bell moved to receive and file Resolve #1, and to keep Resolve #2 in
the Committee of the Whole.
Seconded by Mr. Coppola.
Mr. Zuchlewski moved as an amendment, to receive and file the entire
item.
Seconded by Mr. Bell.
LOST.
AYES - BELL, CZAJKA, FRANCZYK, LOCKWOOD, ZUCHLEWSKI - 5.
NOES - ARTHUR, COLLINS, COPPOLA, HELFER, LOTEMPIO, PERLA, WILLIAMS, ZUCHLEWSKI
- 7.
Mr. Coppola now moved the original motion to receive and file Resolve #1
and keep Resolve #2 in the Committee of the Whole.
Seconded by Mrs. LoTempio.
ADOPTED.
AYES - ARTHUR, COLLINS, COPPOLA, HELFER, LOTEMPIO, PERLA, WILLIAMS - 7.
NOES - BELL, CZAJKA, FRANCZYK, LOCKWOOD, ZUCHLEWSKI - 5.
No. 12
Deficit reduction- Payroll deferment
(Item No. 199, C.C.P., Mar. 7, 1995)
Mr. Bell moved that the above item be received and filed.
Seconded by Mr. Coppola
ADOPTED.
No. 13
Employee payroll deferment
(Item No. 204, C.C.P., Mar. 7, 1995)
Mr. Bell moved that the above item be received and filed.
Seconded by Mr. Czajka.
ADOPTED.
No. 14
Employee payroll deferment (A&F)
(Item No. 89, C.C.P., Mar. 21, 1995)
Mr. Bell moved that the above item be received and filed.
Seconded by Mr. Franczyk.
ADOPTED.
No. 15
Employee payroll deferment (C.Clerk)
(Item No. 93, C.C.P., Mar. 21, 1995)
Mr. Bell moved that the above item be received and filed.
Seconded by Mr. Franczyk.
ADOPTED.
No. 16
Temporary closing of Firehouses (Fire)
(Item No. 59, C.C.P., Mar. 7, 1995)
Mr. Bell moved that the above item be received and filed.
Seconded by Mrs. Williams.
ADOPTED.
No. 17
Status- Fire Dept. Personal Leave (A&F)
(Item No. 84, C.C.P., Mar. 7, 1995)
Mr. Bell moved that the above item be received and filed.
Seconded by Mrs. Williams.
ADOPTED.
No. 18
Flame Study - Engine #16 (Fire)
(Item No. 56, C.C.P., Mar. 21, 1995)
Mr. Bell moved that the above item be received and filed.
Seconded by Mrs. Williams.
ADOPTED.
No. 19
Code Enforcement Officers/Ambulance Trans. (Fire)
(Item No. 57, C.C.P., Mar. 21, 1995)
Mr. Bell moved that the above item be received and filed.
Seconded by Mrs. Williams.
ADOPTED.
No. 20
Local 264- Take over of Transfer Station
(Item No. 111, C.C.P. Mar. 7, 1995)
Mr. Bell moved that the above item be tabled in the Committee
of the Whole.
Seconded by Mrs. Lockwood.
ADOPTED.
No. 21
Local 650- Job Sharing
(Item No. 112, C.C.P. Mar. 7, 1995)
Mr. Bell moved that the above item be tabled in the Committee
of the Whole.
Seconded by Mrs. Lockwood.
ADOPTED.
No. 22
ECIDA- Sale of Pilot Field
(Item No. 108, C.C.P., Mar. 7, 1995)
Mr. Bell moved that the above item be received and filed.
Seconded by Mrs. Williams.
ADOPTED.
No. 23
Mr. Bell moved that there being no further business before the
Committee of the Whole, the Committee resolve into the Common Council.
Seconded by Mr. Coppola.
CARRIED.
No. 24
Adjournment
At 1:22 P.M., Mr. Bell moved to Adjourn. Seconded by Mr. Coppola.