HomeMy WebLinkAbout95-0516
No. 10
Common Council
Proceedings
of the
City of Buffalo
Regular Meeting, May 16, 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, May 16, 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. Coppola, the minutes of the stated
meeting held on May 2, 1995, and the Special Meeting held May l, 1995, and the
Adjourned Sessions held on May 3, May 4, May 5 and May 8, 1995 were approved.
FROM THE MAYOR
No. 1
Appointment of Member to the
Buffalo Municipal Housing Authority
Pursuant to the powers vested in me by Subdivision 2, Section
30 of the Public Housing Law, I hereby appoint Sherrill Colston, residing at
333 Parker Avenue, Buffalo, New York 14214, as a member of the Buffalo
Municipal Housing Authority. Mr. Colston's term is effective immediately and
will expire October 19, 1997. He is replacing James M. Krasowski who has
reigned.
I hereby certify that the above named individual is fully qualified to
serve as a member of the Buffalo Municipal Housing Authority.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 2
Targeted Positions Eligible for Early Retirement
Attached please find the list of targeted positions eligible for
early retirement. The open period is May 15 through June 30, 1995. Names have
been reviewed with Commissioners. We encourage any eligible employee to look
very seriously at all options available to them under the plan.
REFERRED TO THE COMMITTEE OF THE WHOLE.
FROM THE MAYOR - EXECUTIVE DEPARTMENT
FROM THE CITY PLANNING BOARD
No. 3
Draft Consolidated Plan
The City Planning Board at its regular meeting of April 25, 1995,
voted to approve the draft version of the Consolidated Plan presented by Kevin
Greiner, the Director of the City Planning Division.
The Board was encouraged by the direction that the draft plan is taking
and believe that it will form the basis for the comprehensive master plan which
the city desperately needs.
The Board looks forward to working closely with the Planning Division to
bring the Consolidated Plan, and ultimately the master plan, to fruition.
REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT.
No. 4
Office of the Comptroller, Request to Use a
Portion of Bird Ave. for Parking
Item No. 14 C.C.P., 5/2/95
The City Planning Board at its regular meeting of May 9. 1995,
considered the matter captioned above pursuant to Section 317 of the City
Charter, the Review of Uses of Rights of Way.
The applicants, Messrs. Gervace and Geiger, seek to use a portion of the
right-of-way of Bird Avenue between Niagara Street and the AMTRAK rail bed to
the west. The area to be used measures 66 feet (the right-of-way of Bird
Avenue) by approximately 50 feet, yielding approximately 3,300 square feet.
This portion of Bird Avenue is a paper street.
The applicants are developing a restaurant to the south of this area and
would like to use it for additional parking. They propose to pave and grade
the area for that purpose.
The Planning Board voted to approve the proposed use on the following
conditions: 1) that the applicant continues the landscaping treatment for his
proposed restaurant to the Bird Avenue site; 2) that the Department of Public
Works review the proposed use.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 5
M. Falgiano, Petition to Rezone
97-113 Leslie St. from R2 to CM
Item No. 97 C.C.P., 05/18/95
The City Planning Board at its regular meeting of May 9, 1995,
considered the matter captioned above pursuant to Section 511-126 of the
Buffalo Code, Amendments to the Zoning Ordinance.
The applicant seeks to rezone 16,719.7 square feet of property on Leslie
Street and 3,257.1 square feet of property on Kilhoffer Street. Both of these
properties are zoned R2 and both are contiguous to the applicant's contracting
company.
The proposed rezoning would allow the petitioner to expand his existing
operation by allowing the parking and storage of vehicles, equipment and
construction materials. Under SEQR the proposed rezoning is considered an
unlisted action which may be studied through uncoordinated review.
The Planning Board voted to approve the rezoning of the Leslie Street
properties in that the rezoning provides a viable business with room to expand
with minimal disruption to the neighborhood. The Planning Board, however voted
to deny the rezoning of the Kilhoffer Street property on the grounds that the
insertion of a single lot with a CM zone classification would compromise the
integrity of the residential character of Kilhoffer Street. The Board was
unanimous in its conviction that the Kilhoffer Street site would be better used
as in-fill housing.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 6
1011 Elmwood Ave. Inc. - Request to Place an
Outdoor Patio In Front Of a Restaurant
at 1081-1085 Elmwood Ave.
Item No. 80, C.C.P., 05/02/95
The City Planning Board at its regular meeting held Tuesday.
May 9. 1995 considered the matter captioned above pursuant to Section 511-56 of
the Buffalo Code, the Elmwood Business District.
The applicant seeks to place an outdoor patio in front of a proposed
restaurant which was approved by your Honorable Body (Item No. 137, C.C.P.,
November 1. 1994). The outdoor patio will measure approximately 18 feet by 30
feet and will yield an area of 540 square feet. No part of the patio will
encroach the right-of-way.
The site is located in the Elmwood Business zone which considers the
expansion of eating and drinking places to be restricted uses which require the
approval of your Honorable Body. Under S.E.Q.R., the proposed restaurant
expansion may be considered a Type 2 action which does not require further
environmental review.
The Planning Board voted to approve the proposed addition since it is
accessory to a previously approved use with the following conditions:
1) that no music is played in the outdoor cafe; 2) that no trash
receptacles are placed in the cafe area; and 3) that the cafe be opened no
later than 10:00 p.m. daily
RECEIVED AND FILED.
FROM THE PRESERVATION BOARD
No. 7
Prevent Asphalt/Box Architecture
Item No. 208, C.C.P., May 2, 1995
The Buffalo Preservation Board has been requested to appoint
representatives
to a working group whose task is to draft an ordinance amendment for Council
consideration that will require more than "asphalt and a box architecture" for
commercial developments within the City of Buffalo.
The two (2) representatives are Preservation Board members:
Brian P. Brady Wendel
95 John Muir Drive, Suite 100
Amherst, New York 14228
(716) 688-0766
Gwen A. Howard
9 Malta Place
Buffalo, New York 14201
(716) 856-3150
If you have any questions, please contact Thomas IL Marchese, Board
Secretary at 851-5029.
REFERRED TO THE COMMITTEE ON LEGISLATION.
FROM THE ENVIRONMENTAL MANAGEMENT COMMISSION
No. 8
1995 State of the Environment Report
The Buffalo Environmental Management Commission (EMC) is pleased
to file its 1995 State of the Environment Report with the Common Council. Both
local and State law require the Commission to submit such a report. The full,
ten-page document is being provided to public officials, and is available to
interested citizens.
The EMC is the City Charter-based environmental advisory body for
Buffalo. Last Fall the City Administration asked the Commission to submit
long-term recommendations for the comprehensive planning document which the
City was preparing.
The Commission was pleased that the Administration's request demonstrated
an awareness of both the importance of environmental issues and the appropriate
role of public participation in policy making. Urban environmental issues are
numerous and affect many aspects of citizens' lives.
The Commission used a lengthy series of public meetings to build its
recommendations for the comprehensive plan. The Commission's recommendations
call for the City to act or enhance measures to:
1) Establish an environmental office;
2) Adequately support the EMC;
3) Utilize citizen participation on environmental issues;
4) Improve compliance with SEQRA;
5) Enforce the City Code's environmental regulations;
6) Identify and monitor environmental health issues; and
7) Develop policies for the management of solid and hazardous waste.
The Commission understands that its recommendations were offered to the
City as advisory, and that they will be subject to modification as they are
incorporated into the overall construction of City policy. Nevertheless,
because its recommendations are sound, fundamental, and reflect an appropriate
consideration of the relative place of environmental concerns in the overall
policy of the City, the Commission now offers its recommendations as its 1995
State of the Environment Report.
The Commission sees very positive indications of responsiveness and
breadth of focus from City government. It urges all who value the well-being
of Buffalo and its people to consider these recommendations and to work with
the new City government toward environmental and public well-being.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE COMMISSIONER OF PUBLIC WORKS, THE
COMMISSIONER OF STREET SANITATION AND THE COMMISSIONER OF ADMINISTRATION AND
FINANCE
FROM THE BUFFALO ARTS COMMISSION
No. 9
Permission to Engage Consultants
Art Conservation Services
Concurrent with the ongoing task of caring for public artwork
in the City of Buffalo, the Arts Commission has identified three (3) sculptures
in urgent need of conservation treatment, while ten (10) other sculptures have
been identified as in need of preservation treatment.
On February 1, 1995, a detailed Request for Proposal (RFP) was issued to
seven (7 art conservation firms specializing in the restorations of outdoor
bronze sculpture. A total of five (5) responded with detailed proposals. A
summary of proposals is attached.
The RFP was structured to enable the selection of one or more
conservators to work on one or more pieces. The Commission has endeavored to
select the conservators considered best qualified for the particular works as
listed below:
1. Russell/Marti Conservation Services, Inc.
R.R. #2 Box 2364
California, Missouri 65018
For conservation of Centaur and Spirit of womanhood at a cost not to
exceed $56,000 and for preservation of the Martin Luther King, Jr., Hiker,
David, Young Lincoln, Commodore Perry, General Bidwell, Samuel Welch, Indian
Hunter, President Fillmore, and President Cleveland at a cost not to exceed
$6,110.
2. University of Buffalo Casting Institute
Suite 211 The UB Commons
20 Lee Entrance
Amherst, New York 14228
For the conservation of Columbus in Prospect Park at a cost not to exceed
$16,917.
The Arts Commission voted to recommend to your Honorable Body that the
professional services of the above listed consultants be engaged under two (2)
separate contracts for the work prescribed and the costs listed above.
Funding is available through the "Percent of Art" Capital Budget
allocation from F.Y. '94-'95. C.P.F. #200-717-028.
In forwarding this recommendation, the Commission also requests immediate
approval so that work may commence this spring and be completed by the end of
summer 1995.
Thank you for your consideration and we are always available to answer
any questions.
Mr. Pitts moved:
That the communication from the Buffalo Arts Commission, dated May 11,
1995, be received and filed; and
That the Executive Director of the Buffalo Arts Commission be, and he
hereby is, authorized to award contracts for public art work conservation
treatment in the City to Russell/Marti Conservation Services, Inc., R.R. #2,
Box 2364, California, Missouri for conservation of Centaur and Spirit of
Womanhood at a cost not to exceed $56,000 and for preservation of the Martin
Luther King, Jr., Hiker, David, Young Lincoln, Commodore Perry, General
Bidwell, Samuel Welch, Indian Hunter, President Fillmore, and President
Cleveland at a cost not to exceed $6,110; and to University of Buffalo Casting
Institute, Amherst for the conservation of Columbus in Prospect Park at a cost
not to exceed $16,917, the lowest responsible bidders. Funds for these
projects are available in the "Percent of Art" Capital Budget allocation from
F.Y. 94-95, C.P.F. #200-717-028.
PASSED.
AYES- 13 NOES- 0.
FROM THE MAYOR'S ADVISORY COMMITTEE
FOR PERSONS WITH DISABILITIES
No. 10
Proposed Consolidation of the
City and County Offices for Persons With Disabilities
The Mayor's Advisory Committee for Persons With Disabilities requests
the opportunity to speak before the Common Council on the proposed
consolidation of the Erie County Office for the Disabled with the Mayor's
Advocacy Office for Persons with Disabilities.
RECEIVED AND FILED.
FROM THE COMPTROLLER
No. 11
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 4-30-95. This report also projects departmental overtime expenditures for
the entire fiscal year based on current usage.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 12
Renewal Option Lease Agreement Between the
City of Buffalo and Council of
Senior Citizens Clubs of Buffalo and Erie County
Item #17, C.C.P. 2/27/90
Your Honorable Body authorized the leasing of Room 221 Buffalo
City Hall. This lease agreement was for a one year period commencing April 1,
1994 to March 30, 1995.
This office has received a request from Mr. Anthony F. Montoro, Council
President, on behalf of the Council of Senior Citizen Clubs of Buffalo and Erie
County, to exercise their option to renew said lease for an additional one year
period at stated in their lease agreement. The lessee has fully satisfied this
requirement and has complied with all other provisions and terms of the lease.
This Office recommends Your Honorable Body approve the Council of Senior
Citizens Clubs of Buffalo and Erie County's request to renew their lease for an
additional one year term, commencing April 1, 1995 and ending March 30, 1996.
I am further recommending that Your Honorable Body authorize the Corporation
Counsel to prepare the necessary lease renewal and that the Mayor be authorized
to execute the same.
Mr. Pitts moved:
That the communication from the Comptroller, dated April 28, 1995, be
received and filed; and
That the Comptroller be, and he hereby is, authorized to renew the lease
between the City of Buffalo and Mr. Anthony F. Montoro, Council President, on
behalf of the Council of Senior Citizen Clubs of Buffalo and Erie County , for
an additional one year to commence on April 1, 1995 and ending on March 30,
1996. That the Corporation Counsel shall prepare the necessary lease renewal
and that the Mayor be authorized to execute the same.
PASSED.
AYES- BELL, COLLINS, COPPOLA, CZAJKA, FRANCZYK, HELFER, LOCKWOOD, LOTEMPIO,
PERLA, PITTS, WILLIAMS, ZUCHLEWSKI- 12.
NOES- ARTHUR- 1.
No. 13
Permission to Negotiate Portion of
124 Tacoma 46' x 110'
The Office of the Comptroller, Division of Real Estate, has received
two separate requests to purchase the subject property. The first request is
from Ms. Roslyn Davies-Storms of 217 Hartwell Road who would like to purchase
this property for extra yard space. The second request is from Gallagher
Printing and they would like to purchase this property for additional parking.
The subject property was struck to the City of Buffalo through a tax
foreclosure auction and is adjoining School #81. The Buffalo Board of
Education has indicated that the subject property is separated from the School
by an existing fence and is not needed for school purposes. Community
Development, the City Planning Board, Inspections and Community Revitalization
have no objection to this sale. There are no taxes, demolition liens or other
outstanding debts owing to the City of Buffalo by either purchaser.
This office, therefore, is requesting that we be permitted to negotiate a
private sale with both Rosalyn Davies-Storms of 217 Hartwell and Mr. David
Gallagher of Gallagher Printing. Ms. Davies-Storms has agreed to purchase 46'
x 55' directly behind her home and Mr. Gallagher has agreed to purchase the
remaining 461 x 55'. The results of negotiations will be reported to Your
Honorable Body for final approval.
Mr. Pitts moved:
That the communication from the Comptroller dated, May 2, 1995 be
received and filed; and
That the Comptroller be, and he hereby is authorized to negotiate with
Ms. Roslyn Davies-Storms of 217 Hartwell Road, for the private sale of 124
Tacoma Street and report to the Common Council the results of such
negotiations.
ADOPTED.
No. 14
Result of Negotiations 12 Pink, N 100' E Lord
Vacant Lot: 35' x 100'
Assessed Valuation: $1,400
Item No. 16, C.C.P. 2/7/95
In the above referenced Item Your Honorable Body authorized the
Office of the Comptroller, Division of Real Estate, to negotiate a private sale
with Mr. Jesse Carmichael of 237 Lord Street, Buffalo, New York 14206, to
purchase the above captioned City-owned property for extra yard space.
As a matter of disclosure, Mr. Carmichael is an employee of the
Department of Human Resources, City of Buffalo. He has followed all required
procedures for the acquisition of this property.
An independent appraisal of the property was conducted by Mr. Thomas
Tighe, Appraiser, R.W. Bronstein Corporation, 366 Main Street, Buffalo, New
York 14228. He has estimated the value of the property to be Five Hundred
Dollars ($500). This represents approximately Twenty Cents (.20) a square foot
for the subject property. The Division of Real Estate has investigated the
sales of similar properties in the area. Sale prices range from Twenty Six
Cents (.26) a square foot to Twenty-Eight Cents (.28) a square foot.
It should be noted that this lot was previously slated for new housing
construction. The Contractor, while excavating for the foundation, determined
that the unstable subsurface soil conditions make the property unsuitable for
new housing development. This has been verified by the Department of
Inspections and Community Revitalization. The appraiser was not aware of the
subsurface soil conditions at the time of the appraisal.
The results of our negotiations are that Mr. Jesse Carmichael has agreed
and is prepared to pay Three Hundred and Fifty Dollars ($350.00) for the
subject property. This represents an offer of approximately Fifteen Cents
(.15) a square foot. Mr. Carmichael is aware of the subsurface soil problems.
He has also agreed to pay for the cost of the appraisal, transfer tax,
recording fees and cost of the legal description. The Division of Real Estate
agrees with the Three Hundred and Fifty Dollar ($350.00) offer, since the
utility of the property is limited due to the subsurface soil problems.
I am recommending that Your Honorable Body approve the sale of 12 Pink
Street to Mr. Jesse Carmichael in the amount of Three Hundred and Fifty Dollars
($350.00). 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 April 27, 1995, be
received and filed; and
That the offer of Mr. Jesse Carmichael, of 237 Lord Street, in the sum of
$350.00 (Three Hundred and Fifty Dollars) to purchase the property described as
12 Pink, 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. 15
Result of Negotiations
749 William, 79' E Smith
Lot Size: 30' x 118'
Assessment: $1,780
Item No. 15, C.C.P. 1/24/95
In the above referenced item Your Honorable Body authorized the
Office of the Comptroller to negotiate a private sale with Mr. Michael
DiGiacomo, Brockway Law Offices, Attorney at Law, 3719 Union Road, Suite 216,
Cheektowaga, New York 14225 on behalf of Mohamed Abuhamra to acquire the above
captioned property. Mr. Abuhamra is requesting to purchase 749 William in
order to expand his existing service station located at 741 William into a
mini-mart/service station.
An independent appraisal of the property was conducted by Robert W.
Bronstein of R.W. Bronstein Corp., 3666 Main Street, Buffalo, New York 14226.
He has estimated the fair market value of the property to be One Thousand
Dollars ($1,000). This represents approximately Twenty-Eight Cents (.28) a
square foot for the subject property. The Division of Real Estate has
investigated the sales of similar properties in the area. Sale prices range
from Twenty-Three Cents (.23) a square foot to Fifty-Four Cents (.54) a square
foot.
The results of our negotiations are that Mr. Mohamed Abuhamra has agreed
and is prepared to pay One Thousand Dollars ($1,000) for the subject property.
This represents an offer of Twenty-Eight Cents a square foot for the subject
property. He has also agreed to pay for the cost of the appraisal, transfer
tax, recording fees and cost of the legal description.
I am recommending that Your Honorable Body approve the sale of 749
William Street to Mohamed Abuhamra 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.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 16
Report of Audits
Police Officers and Firefighters
Injured in the Line of Duty
In response to the directive requiring the Comptroller to file
audit reports with the Common Council, I hereby submit our examinations of
Firefighters Injured in the Line of Duty ("ILOD") and
Police Officers Injured on Duty ("ILOD").
The Police Department was not as attentive as the Fire Department in
effectively monitoring the individuals on ILOD.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE, THE COMMISSIONER OF POLICE AND THE
COMMISSIONER OF FIRE.
No. 17
Certificate of Appointment
Appointment effective May 1, 1995 in the Department of Audit and
Control, Division of Audit, Nancy A. Hammond, 477 McKinley Parkway, Buffalo, NY
14220 to the Position of Assistant Auditor, Permanent, at the Intermediate
Starting Salary of $27,239.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
No. 18
Certificate of Appointment
Appointment effective May 2, 1995 in the Department of Audit and
Control ,Division of Audit, Joseph V. Murphy, 100 Eden Street, Buffalo, NY
14220 to the Position of Assistant Auditor, Permanent, at the Intermediate
Starting Salary of $27,239.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
FROM THE PRESIDENT OF THE COUNCIL
No. 19
Appt. Carbon Monoxide Task Force
I am hereby appointing the following individuals to the Common
Council's Carbon Monoxide Task Force, effective immediately:
* Councilmember David Czajka, Chairman
* Deputy Fire Commissioner Fred Larson
* Matthew Baudo, Director of Housing and Property Inspections
* Paul Mielcarek, Deputy Director of Inspections
* David Pierowicz, Chief Electrical Inspector
* Phil Haberstro, City of Buffalo Wellness Program
* Mike Rabb, Erie County Environment and Planning
* Donna DeCarolisle National Fuel Gas
* Jay Burney, Citizen
* Mark Kubiniec, Citizen
* Yerby Dixon, Fire Survival Center
RECEIVED AND FILED.
FROM THE COMMISSIONER OF ASSESSMENT
No. 20
V. Czerwinaki
Offer 321 Mills to City for Taxes
Item No. 77, C.C.P. 05/02/95
The above item was referred to this office for a response,
A review of our files shows the 1994-95 first-half City tax and sewer
rent is paid. The second half of the 1994-95 City tax was due by January 3,
1995 and remains unpaid as of May 8, 1995. The amount owing is $222.95 which
includes interest computed as of May 31, 1995 and a Division of Collections Fee
of $10.00.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 21
M. Brock
Refund Interest on Taxes 998 Clinton
Item No. 74, C.C.P. 05/02/95
The above item was referred to this office for a response.
According to our records, the City tax and newer rent bill for 1994-95
was mailed to Max Brock, Inc. at 18 Metcalfe Street, Buffalo, New York and the
first half City tax and newer rent was paid on July 11, 1994. As stated on the
back of the tax bill, the second half City tax was due by January 3, 199 to
avoid interest. Although we sympathize with this situation, pursuant to
Section 922 of the Real Property Tax Law, "failure to mail any such statement
(tax bill), "or the failure of any such owner to receive the same, shall not in
any way affect the validity of the taxes or interest prescribed by law with
respect thereto." Therefore, the late payment penalty levied is valid and to
waive said late payment penalty is unlawful.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 22
Liquor License Requests
Item No. 63, C.C.P. 05/02/95
We reviewed our tax files to determine if the individuals and/or
corporations applying for a liquor license owe real property tax, newer rent,
local assessment and occupancy tax. Please be advised of the following:
1) 946 Elmwood is assessed as 936 Elmwood and assessed to Geraldine
Vegna, 515 Lafayette Avenue, Buffalo, New York. Vie City tax, sewer rent and
occupancy tax are paid. We do not show a local assessment or ownership in the
City of Buffalo under the applicant's name of Shaun P. Heenan or the business
name of Heenan Management Group, Inc.
2) 1980 Niagara in assessed to Salvatore M. Cirringione, 191 Cleveland,
Buffalo, New York. Our records show the following City tax and newer rent
unpaid an of May 8, 1995:
1994-95 Second Half City tax $1,563.66
1994-95 Sewer Rent 121.54
Mr. Cirringione also owns 1874 Niagara that has outstanding City tax and
newer rent:
1994-95 Second Half City tax 82.46
1994-95 Sewer Rent 5.67
(Interest computed an of 5/31/95 for above parcels. A Division of Collection
fee of $10.00 has been added to above parcels ax applicable.)
Mr. Cirringione also owns a property at 189 Cleveland Avenue. The City
tax and sewer rent are paid on this parcel.
We do not show a local assessment on any of the above parcels and the
occupancy taxes are paid. We do not show ownership of property in the City of
Buffalo under the applicant's name of Andre J. Sinatra, Sr.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 23
Certificate of Appointment
Appointment effective May 8, 1995 in the Department of Assessment,
Daniel D. Viapiano, 89 N. Ogden Street, Buffalo NY 14206, to the Position of
Account Clerk, Permanent at the Intermediate Starting Salary of $22,961.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
FROM THE COMMISSIONER OF PUBLIC WORKS
No. 24
Monthly Report of Licenses Issued
March and April 1995
I am respectfully submitting the enclosed report of licenses issued
in the months of March and April 1995 by the Division of Licenses.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 25
Solicitation of Funds
South Buffalo Lions Club
Attached is an application for Solicitation of Funds Permit for
the South Buffalo Lions Club to solicit funds in the Buffalo area during the
month of June and July, 1995. In accordance with Chapter 316, Article VI of
the City of Buffalo Ordinances, I hereby refer this matter to your Honorable
Body,
Mr. Pitts moved:
That the communication from the Department of Public Works, dated May 9,
1995, be received and filed; and
That the Commissioner of Public Works be, and hereby is authorized to
grant an exemption to the South Buffalo Lions Club to solicit funds in the City
of Buffalo during the month of June and July, 1995 pursuant to Chapter 316,
Article VI of the Code of the City of Buffalo.
PASSED.
AYES- 13 NOES- 0.
No. 26
Restaurant/Dancing Class IV-667 Grant
Pursuant to Chapter 150 of the City of Buffalo ordinances, please
be advised that I have examined the attached application for Restaurant/Dancing
Class IV located at 667 Grant and find that as to form it is correct. I have
caused an investigation into the premises for which said application for
Restaurant/Dancing Class IV is being sought and according to the attached
reports from the Fire Department and the Building Inspector I find it complies
with all regulations and other applicable laws. I have caused an investigation
by the Police Department into the moral character of Fortunato Cirillo. The
report from the Police Department recommending approval is attached hereto for
Fat Cats at 667 Grant. This request is submitted for your consideration and
whatever action you deem appropriate.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 27
Reply To Liquor License Applications
Item No. 73, C.C.P. 4/18/95
In response to Item #73, C.C.P. 4/18/95, applications for Restaurant,
Music and Coin Controlled Amusement Devices were mailed to Dominic J. Massaro,
dba The Yellow Dogg, Inc., 1108-1110 Elmwood Avenue. The Dessert Works Inc.
dba Cafe Cosmos, 206 Allen Street has a current Restaurant License, #7115, to
expire 9/1/95.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 28
Reply To Liquor License Applications
Item No. 63, C.C.P. 5/2/95
In response to Item No. 63, C.C.P. 5/2/95 applications for Restaurant,
Restaurant Dance and Certificate of Inspection for Public Assemblage have been
received from the Heenan Management Group, Inc., Shaun P. Heenan for 946
Elmwood Avenue. Applications for Restaurant and Music have been received from
Andre J. Sinatra Jr., 1880 Niagara Street.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 29
Notice of Transfer William Heinold-Accountant
Please note that the transfer of Mr. William Heinold, Accountant,
from the Buffalo Fire Department to the Department of Public Works, Division of
Engineering will take effect on Monday, May 8, 1995.
This action was approved in the Buffalo Municipal Civil Service
Commission meeting of March 22, 1995.
RECEIVED AND FILED.
No. 30
Notification Serial #8508
Repeal No Turn on Red
Niagara Sheet at
West Ferry Street (all corners)
NO TURNS ON RED - REPEAL
In conformity with Section 479 of the Ordinances of the City of Buffalo,
the City Engineer hereby notifies your honorable body, of this action
supplementing, amending, or repealing existing provisions of Chapter 479 of the
Ordinances, as stated below, to be effective forty five (45) days after the
first Council meeting at which they appear on the agenda as an item business.
That that part of the Subdivision 1 of Section 3 8 of Chapter 47 9 of the
Ordinances of the City of Buffalo be supplemented by repealing therefrom the
following: Turns Prohibited Facing Steady Red Signal
Vehicles on at Intersection of Effect. Time Period
Niagara Street West Ferry Street 24 Hours
traveling northbound southeast corner
Niagara Street West Ferry Street 24 Hours
traveling southbound northwest corner
West Ferry Street Niagara Street 24 Hours
traveling eastbound southwest corner
West Ferry Street Niagara Street 24 Hours
traveling westbound northeast corner
This action is being taken in conjunction with the installation of
"peak-hour" restrictions. (see next serial)
Notification Serial #8509
Install No Turn on Red
Niagara Street at West Ferry Street (all corners)
NO TURNS ON RED - INSTALL
In conformity with Section 479 of the Ordinances of the City of Buffalo, the
City Engineer hereby notifies your Honorable Body of this action supplementing,
amending, or repealing existing provisions of Chapter 479 of the Ordinances, as
stated below, to be effective forty five (45) days after the first Council
meeting at which they appear on the agenda as an item business.
That that part of the Subdivision I of Section 38 of Chapter 479 of the
Ordinances of the City of Buffalo be supplemented by adding thereto the
following:
Turns Prohibited Facing Steady Red Signal
Vehicles on at Intersection of Effective Period
Niagara Street West Ferry Street 7:00 am.- 7:00 pm
traveling northbound southeast corner
Niagara Street West Ferry, Street 7:00 am-7:00 pm
traveling southbound northwest corner
West Ferry Street Niagara Street 7:00 am-7:00 pm
traveling eastbound southwest corner
West Ferry Street Niagara Street 7:00 am-7:00 pm
traveling westbound northeast corner
This action is being taken for more efficient traffic flow during
non-rush hours and at time of reduced pedestrian crossing
.
Notification Serial #8510
Install No Standing on Hertel Avenue,
northside from Parkside Avenue
to a point 140' west therefrom
NO STANDING - INSTALL
In conformity with Section 49 of Chapter 479 of the Ordinances of the
City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this
action supplementing, amending, or repealing existing provisions of Chapter 479
of the Ordinances, as stated below, to be effective forty five days after the
first Council meeting at which they appear on the agenda as an item business.
That that part of Subdivision 22 Section 15 of Chapter 479 of Ordinances
of the City of Buffalo be supplemented by adding thereto the following: NO
STANDING
PROHIBITED PORTION HWY. PROHIBITED PERIOD
Hertel Avenue, north side At all times
from Parkside Avenue to a point
140' west therefrom
This action is being taken to provide better traffic flow and visibility
in conjunction with the recent opening of Walgreens on the northwest comer.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 31
Greenway Task Force Report-Waterfront Greenway System
Item #85, C.C.P. 4/18/95
I have, reviewed the report and I must compliment the Task Force
on a job well done. The Department of Public Works will use this report for
writing future highway and bridge projects. However, you should be advised
that the Departments of Public Works and Community Development are jointly
sponsoring a bikeway study through the Niagara Frontier Transportation
Committee. We are presently scoping said study and on hope to have said study
started by the Summer of 1995 and completed by the Summer of 1996. This Task
Force report ph, any additions should be sent to the Niagara Frontier
Transportation Committee for inclusion in their overall City of Buffalo Study.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 32
Shakespeare Lease Agreement
Delaware Park
Shakespeare in Delaware Park Inc., has submitted the attached
Lease Agreement for consideration for the 1995 Shakespeare in Delaware Park
season. A list of dates in which Shakespeare in Delaware Park would like to
operate at the park site is also attached.
I have reviewed these documents and find no reason to deny access to
Shakespeare in Delaware Park Inc., for the stated purposes.
REFERRED TO THE COMMITTEE ON FIANCE AND THE CORPORATION COUNSEL.
No. 33
Report of Bids
Striping of City Pavements Crosswalks-Various Locations
Item No. 129, C.C.P. 09/20/94
Item No. 27, C.C.P. 09/06/94
This is to advise your Honorable Body that I have advertised and
received bids on April 26, 1995 for Striping of City Pavements-Crosswalks at
various locations 1995. In obtaining bids for the above project I have asked
for bids on a unit price basis covering the various items of material and work
that will be performed. The final cost of the work will be based on the actual
measured quantities of materials entering into the work and may either be more
or less than the total bid.
The following bid was received:
Accent Stripe, Inc. $57,0150
I hereby certify that the lowest responsible bidder for this project is
Accent Stripe, Inc. I respectfully request that your Honorable Body order the
work, the cost thereof to be charged to Capital Projects Fund #200-401-02 1
-00-000 in an amount of $57,003.50 plus approved unit prices for an additional
amount of $7,996.50, for a total encumbrance of $65,000.00. The engineer's
estimate for this work is $65,000.00.
The attached is certified to be a true and correct statement of the bid
received. Under provisions of the General Municipal Law, the bidder may
withdraw Ids bid if an award of contract is not made by June 12, 1995, The bid
submission is available in our office for inspection and copies are available
upon request.
Mr. Pitts moved:
That the communication from the Department of Public Works, dated May 3,
1995, be received and filed; and
That the Commissioner of Public Works be, and he hereby is, authorized to
award a contract for Striping of City Pavements - Crosswalks at Various
Locations 1995 to Accent Stripe, Inc., the lowest responsible bidder in the
amount of $57,003.50 plus approved unit prices for an additional amount of
$7,996.50, for a total encumbrance of $65,000.00; with said cost to be charged
against the Capital Projects Fund #200-401-021 -00-000.
PASSED.
AYES- 13 NOES- 0
No. 34
Report of Bids
Striping of City Pavements
Lane Lines-Various Locations 1995
Item No. 129, C.C.P, 09/20/94
Item No. 27, C.C.P, 09/06/94
This is to advise your Honorable Body that I have advertised and
received bids on April 26, 1995 for Striping of City Pavements-Lane Lines at
Various Locations 1995. In obtaining bids for the above project, I have asked
for bids on a unit price basis covering the various items of material and work
that will be performed. The final cost of the work will be based on the actual
measured quantities of materials entering into the work and may either be more
or less than the total bid.
The following bid was received:
Accent Stripe, Inc. $24,500.00
I hereby certify that the lowest responsible bidder for this project is
Accent Stripe, Inc. I respectfully request that your Honorable Body order the
work, the cost thereof to be charged to Capital Projects Fund
#200-401-021-00-000 in an amount of $24,500.00, plus approved unit prices for
an additional amount of $10,500.00, for a total encumbrance of $35,000.00. The
engineer's
estimate for this work is $35,000.00.
The attached is certified to be a true and correct statement of the bid
received. Under provisions of the General Municipal Law, the bidder may
withdraw his bid if an award of contract is not made by June 12,1995. The bid
submission is available in our office for inspection and copies are available
upon request.
Mr. Pitts moved:
That the communication from the Department of Public Works, dated May 3,
1995, be received and filed; and
That the Commissioner of Public Works be, and he hereby is, authorized to
award a contract for Striping of City Pavements - Lanes Lines - Various
Locations 1995 to Accent Stripe, Inc., the lowest responsible bidder in the
amount of $24,500.00 plus approved unit prices for an additional amount of
$10,500.00, for a total encumbrance of $35,000.00; with said cost to be charged
against the Capital Projects Fund #200-401-021-00-000.
PASSED.
AYES- 13 NOES- 0
No. 35
Report of Bids
Construction of Sidewalks City Wide - 1995
Group #391
This is to advise your Honorable Body that I have advertised and
received bids on May 3, 1995 for the Construction of Sidewalks - City Wide,
Group #391.
In obtaining bids for the above project, I have asked for bids an a unit
price covering the various items of work and material which will be performed.
The final cost of the work, will be based on the actual measured quantities of
materials entering into the work and may be either more or less than the total
bid.
The following bids were received:
Unit Price
Base Bid Increase
Cemulini-Pecoraro . $251,113.00 $300,000.00
Construction Corp.
Master's Edge Inc. $307,800.50 $352,687.00
MPJ. Contracting, Inc. $334,624.00 $379,511.00
A.B.P. Construction, Inc. $349,348.00* $394,235.00
*Adjusted Amount
I hereby certify that the lowest responsible bidder for the above
project is Cemulini-Pecoraro Construction Corporation.
I respectfully recommend that your Honorable Body order the work, the
cost thereof to be charged to the Capital Projects Fund #200-401-507-00-000 in
an amount of $255,113.000, plus approved unit prices not to exceed an
additional amount of $44,887.00 for a total encumbrance of $300,000.00. The
engineer's estimate for this work is $316,000.00.
The attached is certified to be a true and correct statement of the two
(2) lowest bids received under provisions of the General Municipal Law, any of
the bidders may withdraw his bid if an award of the contract is not made by
June 19, 1995. Individual bid submissions are available in our office for
inspection and copies are available upon request.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 36
Report of Bids
Restoration and Rehabilitation
Kleinhans Music Hall Phase IV
I asked for and received the following sealed proposals which
were publicly opened and read on May 9, 1995.
I hereby certify that the foregoing is a True and correct statement of
all bids received and that the following are the lowest responsible bidders in
accordance with the plans and specifications.
General Construction Work - BRD Inc. in the amount of $972,700 Base Bid plus
Alternates 1, 2, and 3 for a total of $1,115,675.00.
Electrical Work - Frey Electric in the amount of $38,958.00.
Plumbing Work - Gareleck Plumbing in the amount of $53,770.00.
I recommend that Your Honorable Body authorize the Commissioner of Public
Works to order the work on the basis of the low bid. Funds for this work will
be available in CPF 200-402-528 - Division of Buildings.
Total Estimate for this work was $1,514,600.00.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 37
Change in Contract - Change Order No. 3
Jefferson Avenue - Phase IV Group 341;
Contract No. 91722500 - Destro Bros. Concrete Co., Inc.
I hereby submit to Your Honorable Body the following "No Cost"
unit price additions to the contract.
The Board of Education has requested that the Department of Public Works
install granite curbs on the north side of Best Street in front of the new
Stanley M. Makowski Early Childhood Center.
The Department of Public Works will front the money and submit a detailed
final cost to the Board of Education, for reimbursement after acceptance.
Contract Unit Price Additions
1.
Cont
Item No. Description Unit Price Est. Quantity
Cost
04.290 Asphalt $50.00 20 Tons $
1,000.00
Concrete Pad
R07.104 Granite Curb $25.00 450 Linear Ft.
$11,250.00
Replacement
4-Inch
8.210 Corrugated $3.25 456 Linear Ft $
1,482.00
Polyethylene
Under Drain
Pipe
8.340 Receiver Curb$ 100.00 1 Each $100.00
Box Replacement
12.110 Maintenance 1,500.00 Lump Sum $ 1,500.00
and Protection
of Traffic
Total $15,322.00
2. Contract Summary
Original Contract Amount $885,013.50
Change Order No. 1 $ 26,300.00
Change Order No. 2 $ 34,485.50
Change Order No. 3 (This Change Order) $ 15,322.00
Total $961,121.00
This will require a time extension of ten (10) working days. The second
low bidder for this contract was M. Falgiano Construction Company in the base
bid amount of $947,957,15.
I respectfully certify that this change order is fair and equitable for
the work involved and respectfully request that Your Honorable Body approve the
subject change order and authorize the Commissioner of Public Works to issue
said change order to Destro Brothers Concrete Company, Inc.
Mr. Pitts moved:
That the communication from the Department of Public Works, dated May 8,
1995, be received and filed; and
That the Commissioner of Public Works be, and he hereby is, authorized to
issue change order #3 to Destro Brothers Concrete Company, Inc., changes
resulting in "No Cost" unit price additions to the contact for Jefferson Avenue
- Phase IV Group 341, Contract No. 91722500, a net increase in the amount of
$15,322.00, as more fully described in the above communication.
PASSED.
AYES- 13 NOES- 0.
No. 38
Change Order No.1 - Sludge Discharge
Connection to Buffalo Sewer Authority-Contract No. 25
City Contract No. 91792600
I hereby submit to your Honorable Body the following (Change Order
No. I with Kandey Company, Inc. for work relating to Sludge Discharge
Connection to Buffalo Sewer Authority, Contract No. 25, City Contract No.
91792600:
New Work Item No. 1
Furnish and install a new connection from the proposed 30 inch butterfly
valve to the existing manhole on the cast iron drain for the existing Filter
Plant Backwash Pumping Station.
Increase: $ 1,699.42
The existing 30 inch check valve was found (embedded in a concrete
foundation from the stair access well which necessitated the valve be left in
place and required a new, connection to the existing manhole.
Cost 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 $ 92,000.00
Amount of Change Order No. 1 - Increase $ 1,699.42
Current Amount of Contract $ 93,699.42
Funds in the amount of $1,699.42 are available in the Division of Water's
416-982-016-00-000 Capital Project Fund.
I recommend the above change order and A is respectfully requested that
your Honorable Body authorize the Commissioner of Public Works to issue a
change order as set forth above.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 39
Change in Contract Plaster Reconstruction
Neighbors Exhibit Area Historical Society
I herewith submit to Your Honorable Body the following change
in Contract for the Plaster Reconstruction, Neighbor's Exhibit Area, Historical
Society Building, Buffalo NY Mader Construction Order No.11307310:
1. Repair water damaged walls. $3,555.00
There was additional plaster repair to water damaged walls that could not
be observed until existing displays were dismantled in Neighbor's Exhibit area.
The foregoing change results in a net increase in the contract of Three
Thousand Five Hundred Fifty-five and 00/100 Dollars $3,555.00)
Original Amount of Contract $ 8,380.00
Amount of this change (No. 1) Add 3,555.00
Revised Amount of Contract $11,935.00
This change could not be foreseen at the time contract was let. Costs
have been reviewed by the Department of Public Works and found to be fair and
equitable. Funds for this work are in B/F 200-402-064 - Division of Buildings.
I recommend that Your Honorable Body authorize the Commissioner of Public
Works to issue a change order to the contractor as set forth above.
Mr. Pitts moved:
That the communication from the Department of Public Works, dated May 10,
1995, be received and filed; and
That the Commissioner of Public Works be, and he hereby is, authorized to
issue change order #1to Mader Construction Order No. 11307310, changes
resulting in a net increase in the amount of $3,555.00 for work relating to
Plaster Reconstruction, Neighbors Exhibit Area, Historical Society Building, as
more fully described in the above communication. Funds for this work are
available in B/F 200-402-064 Division of Buildings.
PASSED.
AYES- 13 NOES- 0.
No. 40
Change in Contract
Restoration of Kleinhan's Music Hall
Phase III - Mechanical Contract
I herewith submit to Your Honorable Body the following change
in contract for the Restoration of Kleinhan's Music Hall, Phase ill, Mechanical
Work, D.V. Brown & Assoc. C-91763400:
1. Additional labor costs resulting from shift work
performed after normal hours to complete the
heating system installation prior to the performance
season and heating season as requested by
Kleinhan's Add $6,011.56
The foregoing change results in a net increase in the contract of Six
Thousand Eleven and 56/1 00 Dollars ($6,011.56).
Original Amount of Contract $269,400.00
Amount of this change (No. 1) Add 6,011.56
Revised Amount of Contract $275,411.56
This change could not be foreseen at the time contract was let. Costs
have been reviewed by the Department of Public Works and found to be fair and
equitable. Funds for this work are in B/F 200-402- 030 - Division of
Buildings.
I recommend that Your Honorable Body authorize the Commissioner of Public
Works to issue a change order to the contractor as set forth above.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 41
Change in Contract - Change Order
No. 1 - Construction of City Handicapped Ramps
1994/95, L.C.P. Construction Corporation
Item No. 141 C.C.P., 6/28/94
I hereby submit to your Honorable Body the following item unit
price change order to the Contract for the above named project. This change
order is necessary to enable us to complete the scheduled handicap ramp program
City wide.
ADDITIONAL UNIT PRICES
Estimated Unit Estimated
Contract Item Description Quantity Price Cost
R05.204 Concrete Sidewalks 1,179.25 $3.75 $4,422.20
& approaches sq. ft. sq. ft.
RDT 104 Granite Curb 4" 138.19 $32.00
$4,422.08
Replacement lin.ft.. lin.ft.
Total Cost Change Order No. 1 $8,844.28
CONTRACTS SUMMARY
Contract Amount $190,000.00
This Change Order No. 1 $ 8,844.28
New Contract Amount $198,844.28
Funds for this change order are available in Bond Fund account
#200-401-013-00-000 in the Division Of Engineering, Department of Public
Works.
This work will require no extension of time.
I respectfully certify that this change order is fair and equitable for
the work involved, and respectfully request that your Honorable Body approve
the subject Change order and authorize the Commissioner of Public Works to
issue said change order to letup. Construction Corporation.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 42
Change in Contract
Partial Reconstruction
School #29 for Sr. Citizens
I herewith submit to Your Honorable Body the following change
in contract for the Partial Reconstruction of School 29 for serializations C&A
Painting C-91786500:
1. Install new 6" concrete at base of steps and
provide new railing. Add $850.00
When constructing new handicapped ramp, it was discovered that the
concrete at the base of the ramp was too deteriorated for accessibility. In
addition new railing had to be extended into this area.
The foregoing change results in a net increase in the contract of Eight
Hundred fifty and 00/100 Dollars ($850.00).
Original Amount of Contract $49,600.00
Amount of this change (No. 1) Add 850.00
Revised Amount of Contract $50,450.00
This change could not be foreseen at the time contract was let. Costs
have been reviewed by the Department of Public Works and found to be fair and
equitable. Funds for this work are in B/F 200-402-042 - Division of Buildings.
I recommend that Your Honorable Body authorize the Commissioner of Public
Works to issue a change order to the contractor as set forth above
Mr. Pitts moved:
That the communication from the Department of Public Works, dated May 10,
1995, be received and filed; and
That the Commissioner of Public Works be, and he hereby is, authorized to
issue change order #1 to C&A Painting C-91786500, changes resulting in a net
increase in amount of $850.00 for work relating to the Partial Reconstruction
of School 29 for Sr. Citizens, as more fully described in the above
communication. Funds for this work are available in B/F 200-402-042 Division
of Buildings.
PASSED.
AYES- 13 NOES- 0.
No. 43
Hire Consultant
Delaware Park Lake Pumps
I hereby request permission from Your Honorable Body to authorize
the Commissioner of Public Works to hire a consultant engineer to prepare plans
and specifications and advertise for sealed proposals to investigate and repair
the pumps that supply water to Delaware Park Lake. There has been an ongoing
problem with the pumps cutting out and not being able to maintain a constant
lake level. What we propose is to investigate the problem; first, to determine
if City work forces will be able to make the necessary repairs. If so, we
would like permission to purchase the necessary parts. If not, we would like
permission to hire a contractor through the formal bid process to do the work.
Therefore, I respectfully request Your Honorable Body allow the
Commissioner of Public Works to move ahead with this project.
Funds for this work are available in the Division of Engineering Account
No. 200-401-023.
Mr. Pitts moved:
That the communication from the Department of Public Works dated, May 3,
1995 be received and filed; and
That the Commissioner of Public Works be, and he hereby is authorized to
engage the services of a Consultant Engineer to prepare plans, specifications,
and advertise for sealed proposals to investigate and repair the pumps that
supply water to Delaware Park Lake. Funds for this work are available in the
Division of Engineering Account No. 200-401-023.
PASSED.
AYES- 13 NOES- 0.
No. 44
Permission to Engage Consultant
Elmwood/Virginia Fire Station
I respectfully request Your Honorable Body's permission to engage
an Architectural/Engineering consultant to prepare plans and specifications,
advertise and receive sealed proposals for the Construction of the New Fire
Station at the Northwest corner of So. Elmwood Avenue and Virginia Street.
Funds for this consulting work are available in Capital Project Fund
200-402-023.
Mr. Pitts moved:
That the communication from the Department of Public Works dated, May 9,
1995 be received and filed; and
That the Commissioner of Public Works be, and he hereby is authorized to
engage the services of an Architectural/Engineering consultant to prepare plans
and specifications, advertise and receive sealed proposals for the Construction
of the New Fire Station at the Northwest corner of S. Elmwood Avenue and
Virginia Street. Funds for this project are available in Capital Project Fund
200-402-023. Once, the cost of the services has been established, the Common
Council will be notified of such cost for its formal approval.
PASSED.
AYES- ARTHUR, BELL, COLLINS, CZAJKA, FRANCZYK, HELFER, LOCKWOOD, LOTEMPIO,
PERLA, PITTS, WILLIAMS, ZUCHLEWSKI- 12.
NOES- COPPOLA- 1.
No. 45
Permission to Engage the
Services of a Consultant
Engineer for Design and Construction of Streets in the
Vicinity of Crossroads Arena
I hereby request Your Honorable Body's permission to engage the
services of a consultant engineer to prepare plans, specifications, receive
bids, and construction inspection for the reconstruction of the following
streets:
Perry Street - From Michigan Avenue to Louisiana Street
Scott Street - From Washington Street to Michigan Avenue
Funds for the planning should be available in the reserve for Capital
Project Account as of July 1, 1995. We anticipate construction funding will be
approved in the 1995-1996 capital improvement budget and will be available when
bonds are sold.
Mr. Pitts moved:
That the communication from the Department of Public Works dated, May 10,
1995 be received and filed; and
That the Commissioner of Public Works be, and he hereby is authorized to
engage the services of a Consultant Engineer to prepare plans, specifications,
receive bids and construction inspection for the reconstruction of Perry
Street, from Michigan Avenue to Louisiana Street; and Scott Street, from
Washington Street to Michigan Avenue. Construction funding will be approved in
the 1995-96 capital improvement budget and will be available when bonds are
sold.
PASSED.
AYES- 13 NOES- 0.
No. 46
Sell Advertising Space on
Ferry Street Lift Bridge Counterweight
As requested by Your Honorable Body, the following is our response
to the question of allowing advertising on the Ferry Street Lift Bridge.
Although we believe this would be a good source of revenue for the City, we
need to know more of the particulars.
1. What is the name of the party who will be doing the advertising?
2. Will the sign be painted or mounted?
3. After the term of the lease, who will remove the advertisement?
4. Will it be lighted?
5. The contract must be written to the Department of Public Works with
Department of Public Works conditions.
I believe all parties involved should discuss this request further before the
Department of Public Works gives it's approval.
REFERRED TO THE COMMITTEE ON FINANCE AND THE COMMISSIONER OF COMMUNITY
DEVELOPMENT.
No. 47
Lease of the Truscon Building
At the present time, the City owned Truscon Building facility
has been removed from consideration for a possible site for the centralized
garage. As the City has no immediate needs for said site, I have been
contacted by Integrated Waste Systems and attached please find their request to
lease said site for three (3) years. I have also enclosed in said lease
agreement that if the site is needed, this lease could be ended with thirty
(30) days notice. (See item #5)
I have reviewed the various items of the lease and as the City of Buffalo
is in need of revenues and I see no immediate use for Ge site, I recommend that
your Honorable Body authorize me to enter into said lease for a period not to
exceed three (3) years.
REFERRED TO THE COMMITTEE ON FINANCE AND THE CORPORATION COUNSEL.
No. 48
1197 Hertel Avenue
Requests Permission to Install Sidewalk Cafe
Mr. Gary Tenebra, owner of Cafe GarAngelols, located at 1197 Hertel
Avenue, has requested permission to install a sidewalk cafe which would
encroach City right-of-way at said address.
The proposed cafe would measure thirty one feet (31') in length and
project six feet (6') from the building face into City right-of-way.
The Department of Public Works has reviewed Mr. Tenebra's application
pursuant to Chapter 413, Section 59 (Sidewalk Cafes) of the City Ordinances and
has no objection to Your Honorable Body authorizing the Commissioner of Public
Works to issue a "Mere License" for installation of said sidewalk cafe provided
the following conditions are met:
1. That the applicant obtain any and all other City of Buffalo permits
necessary for said installation.
2. That the sidewalk cafe be installed exactly as shown on plans submitted
to and approved by the Department of Public Works, Division of Buildings.
3. That the sidewalk cafe does not exceed thirty one feet (31') in length or
extend more than six feet (6') from the building face.
4. That no portion of the sidewalk cafe be permanent in nature or
permanently affixed to the main building or public sidewalk.
5. That the sidewalk cafe be completely removed from City right-of-way from
November 15 to April 1 each year.
6. That the applicant be assessed the annual fee of two dollars per square
foot of City right-of-way occupied by said sidewalk cafe as described in
Chapter 413, Article IX, Section 59 (Sidewalk Cafes) of the City Ordinances.
7. That the applicant supply the City of Buffalo with a five thousand dollar
($5,000.00) construction in street bond or certificate of insurance which will
indemnify and save harmless the City of Buffalo against any and all loss and
damage arising out of the construction, maintenance, use and removal of said
sidewalk cafe.
Mr. Pitts moved:
That the communication from the Department of Public Works, dated May 10,
1995, be received and filed; and
That the Commissioner of Public Works be and he hereby is, authorized to
issue a "mere license" to Mr. Gary Tenebra, owner of Cafe GarAngelo's, 1197
Hertel Avenue, to install a sidewalk cafe which would encroach city
right-of-way at such address to measure thirty one feet (3 I') in length and
project six feet (6') from the building face into City right-of-way, subject to
the conditions as listed in the above communication.
PASSED.
AYES- 13 NOES- 0.
No. 49
610 Main Street
Requests Permission to Install Sidewalk Cafe
Mr. Peter Muth, owner of Le Peche Restaurant, located at 610 Main
Street, has requested permission to install a sidewalk cafe which would
encroach City right-of-way at said address.
The proposed cafe would measure thirty seven feet (37') in length and
project nine feet (9') from the building face into City right-of-way.
The Department of Public Works has reviewed Mr. Muth's application
pursuant to Chapter 413, Section 59 (Sidewalk Cafes) of the City Ordinances and
has no objection to Your Honorable Body authorizing the Commissioner of Public
Works to issue a "Mere License" for installation of said sidewalk cafe provided
the following conditions are met:
1. That the applicant obtain any and all other City of Buffalo permits
necessary for said installation.
2. That the sidewalk cafe be installed exactly as shown on plans submitted
to and approved by the Department of Public Works, Division of Buildings.
3. That the sidewalk cafe does not exceed thirty seven feet (37') in length
or extend more than nine feet (9') from the building face.
4. That no portion of the sidewalk cafe be permanent in nature or
permanently affixed to the main building or public sidewalk.
5. That the sidewalk cafe be completely removed from City right-of-way from
November 15 to April I each year.
6. That the applicant be assessed the annual fee of two dollars per square
foot of City right-of-way occupied by said sidewalk cafe as described in
Chapter 413, Article IX, Section 59 (Sidewalk Cafes) of the City Ordinances.
7. That the applicant supply the City of Buffalo with a five thousand dollar
($5,000.00) construction in street bond or certificate of insurance which will
indemnify and save harmless the City of Buffalo against any and all loss and
damage arising out of the construction, maintenance, use and removal of said
sidewalk cafe.
Mr. Pitts moved:
That the communication from the Department of Public Works, dated May 10,
1995, be received and filed; and
That the Commissioner of Public Works be and he hereby is, authorized to
issue a "mere license" to Mr. Peter Muth, owner of Le Peche Restaurant, 610
Main Street, to install a sidewalk cafe which would encroach city right-of-way
at such address to measure thirty seven feet (37') in length and project nine
feet (9') from the building face into City right-of-way, subject to the
conditions as listed in the above communication.
PASSED.
AYES- 13 NOES- 0.
No. 50
1285-1289 Niagara Street;
Encroachment into Right-of-Way
Mr. Robert Hart of the Erie Niagara Public Benefit Funding Corporation,
owners of the property located at 1285-1289 Niagara Street, has requested
permission to install a masonry and steel stud vestibule within City
right-of-way at said address.
The proposed vestibule would measure 21 feet in length and project 8 feet
from the building face occupying 168 square feet of right-of-way. However, an
existing encroachment, measuring approximately 575 square feet, will be removed
before said installation.
The Department of Public Works has reviewed Mr. Hart's application
pursuant to Chapter 413-67 (Encroachment Regulations) of the City Ordinances
and has no objection to Your Honorable Body authorizing the Commissioner of
Public Works to issue a "Mere License" for said installation provided the
following conditions are met:
1. That the applicant obtain any and all other City of Buffalo permits
necessary for said installation.
2. That the vestibule be installed exactly as shown on plans submitted to
and approved by the Department of Public Works, Division of Buildings.
3. That the vestibule does not exceed 21 feet in length or project more than
8 feet from the building face into City right-of-way.
4. That the applicant be responsible for relocation of any underground
utilities effected by the installation of said vestibule.
5. In the event that the Commissioner of Public Works determines the
encroachment must cease as a result of factors effecting the health, safety and
welfare of the public, or the needs of the City, the Commissioner of Public
Works may order the immediate removal of said encroachment as described in
Chapter 413-67 (E) of the City Ordinances.
6. That the applicant supply the City of Buffalo with a five thousand dollar
construction in street bond and certificate of insurance which will indemnify
and save harmless the City of Buffalo against any and all loss and damage out
of the construction, maintenance, use and removal of said vestibule.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 51
Request Stop Sign in Eller Avenue at Yonkers Avenue
Item No 173, CCP, 01/24/95
This is in response to C.C.P. #173 of January 24, 1995 regarding
the aforementioned subject. An investigation by my department into the need
for all-way stop control at Eller and Yonkers Avenues has yielded the
following:
1 . New York State Department of Transportation standards state that the
occurrence within a twelve (12) month period of five (5) or more reported
accidents would warrant the installation of "multi-way" stop control, Our
records indicate that the accident history at this location does not satisfy
this warrant.
2. In addition, New York State standards also say that a stop sign should
not be used for speed control. Proliferation of multi-way stops may only
compound the problem. Pedestrians experience a "false sense of security" in
anticipation of vehicles coming to a complete stop; however, these vehicles may
"roll thru" or even ignore these stop signs.
It appears that the problem isn't stop signs or lack of such, but speed
limits and control. Consequently, in April my department installed 30 mph
Speed Limit signs along Eller Avenue, and by copy of this communication to
Police Commissioner Kerlikowski, I will ask that his department monitor and
enforce these speed limits.
We believe the actions taken above will alleviate the problems detailed
in the resolution of January 24, 1995.
REFERRED TO THE COMMITTEE ON LEGISLATION.
FROM THE COMMISSIONER OF PARKS
No. 52
Report of Bids-Broderick Park Concession
Item No. 56, C.C.P Dec. 27, 1994
As authorized by your Honorable Body, this Department prepared
plans and specifications for the Broderick Park Concession. Advertisement was
handled by the Division of Purchase. The April 18, 1995 bids are as follows:
NAME OF BIDDER: AMOUNT
Donald Spasiano $30,500.00
165 Dorchester Rd.
Buffalo, New York, 14213
William Shylo $12,000.00
132 Chadduck Avenue
Buffalo, New York, 14207
Brenda Kij $27,829.00
4597 Wilson Drive
Hamburg, New York, 14075
I hereby certify that Mr. Donald Spasiano is the high bidder for the
Broderick Park Concession in the amount of $30,500.00. Please note that the
amount is for the four year total proposal.
Attached, please find copies of the tabulations and the bid proposals.
The original bid proposals are on file in the Parks Department. Upon your
approval, we will forward the information to the Law Department in order to
proceed with drawing up a contract.
I respectfully request Your Honorable Body approve the awarding of this
concession to the highest responsible bidder.
REFERRED TO THE COMMITTEE ON FINANCE AND THE CORPORATION COUNSEL.
No. 53
Basketball and Tennis Court
Condition Report
As per your request, please find costs estimates for repair of
basketball and tennis courts. The costs listed range from "worst case
scenarios" to minor repairs and resealing.
Basketball Courts: $15-17,000. per court.
For major repair, including new poles, backboards and rims.
$2,500. per court.
Minor crack repair, resealing, repainting lines.
Tennis Courts: $20,000. per court
Includes major asphalt work, fencing, etc.
$2,500.
For minor crack repair, resealing and repainting.
Other variables include:
Lower cost per court when all courts are done in the same bid, etc. Additional
information as needed, from Ron Empric ext. 5014.
Below, please find the answers to your concerns addressed to me during
the Budget Hearings on Tuesday.
1. Leaking waterline adjacent to Martin Luther King Park Greenhouse was
repaired in the Fall.
2. I have requested John LoTempio of Mechanical Service to check the
capacity of the electrical outlets near the greenhouse. I have also asked him
for costs associated with upgrading the electrical capacity so we don't have a
future problem. I will forward his response.
3. Risk Management survey of tennis/basketball Courts (see attached.)
4. Tennis/Basketball Court restoration costs (see attached).
If any further information is needed, I'm available at ext. 5806.
REFERRED TO THE COMMITTEE ON FINANCE.
FROM THE COMMISSIONER OF POLICE
No. 54
Permission For Mayor To Enter Into Contract
For Operation Project Kids
The Police Department is respectfully requesting permission for
the Mayor to enter into a sub-agreement with the County of Erie for Operation
Project Kids. This grant was awarded to the County of Erie from the New York
State Department of Health and will run through September 30, 1995.
Under this agreement, the County will provide the City of Buffalo with
$3,000 to impede the sale of tobacco to minors. A national survey conducted in
1989 found that approximately 63% of youths between the ages of 12 to 18 years,
who smoke, purchase their own cigarettes and that cigarette smoking is
responsible for nearly 1 in 5 deaths in New York State. A similar program to
curb tobacco sales to minors was enacted in the Town of Cheektowaga in 1993 and
1994 with positive results.
The main focus of this program is to educate local business owners with
licenses to sell tobacco products as to the law and proper way to enforce it.
These business owners will be sent instructional literature at the upcoming
weeks and a seminar will be scheduled to discuss any questions they may have.
Once the education portion has been completed, underage operatives will be
employed to randomly check these businesses for compliance. Merchants who are
found to violate this law and allow the operatives to purchase tobacco products
will be subject to penalties imposed by the Health Department, which may
include fines. The City of Buffalo will receive 50% of any fines levied in
order to continue the efforts to reduce tobacco sales to minors.
I am respectfully requesting that your Honorable Body authorize
permission for the Mayor to enter into this sub-agreement.
If you require additional information, please do not hesitate to contact
Captain Kevin J. Comerford at ext. 4475.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 55
Investigate Shooting at School 18 Playground
Item #172, C.C.P. April 18, 1995
Preliminary information shows that the individuals involved in
this shooting knew each other and had engaged in a fight earlier in the day.
Later in the afternoon one individual indicated he had a weapon, and the
suspect then produced at firearm and severely wounded him.
I know of no preventive strategy that law enforcement can take in cases
such as this. Stopping a youth from using an easily available firearm to
settle an argument is a concern in every section of this country from rural
areas to urban centers. Parental supervision and conflict resolution are
issues whose responsibility is with the home, schools, and churches. The
police department has taken pro-active steps that include Community Police
Officers assigned to every precinct, working closely with schools, and teaching
D.A.R.E. courses to help prevent violence.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 56
Remove Unregistered/Unlicensed Motor
Vehicles from Private Property
(#210, C.C.P. May 2, 1995)
The above referenced item is a frequent problem encountered by
city police officers. This quality of life issue has a serious detrimental
effect on the perception and safety of city neighborhoods. For these reasons
alone, the present 90 day waiting period provided in Section 511-93 of the City
Charter is perceived as much too long.
Present Departmental policy directs officers to prepare and forward to
the Parking Violation Bureau a vehicle towing report once it is ascertained
that a vehicle is in fact abandoned. The vehicle is then towed within a short
period of time. As always, the Department is more than willing to discuss,
review or assist in a new towing policy.
REFERRED TO THE COMMITTEE ON LEGISLATION.
FROM THE COMMISSIONER OF FIRE
No. 57
Quint/Midi System
The following is a report concerning my observations and opinions
regarding the introduction of quints and or a Quint/Midi System to the Buffalo
Fire Department.
REFERRED TO THE COMMITTEE OF THE WHOLE.
No. 58
Use Prt. Bird Ave. For Parking.
Item No. 14, C.C.P. 05/02/95
The Buffalo Fire Department has no objections to the conversion
of the portion of Bird Avenue (paper street) between Niagara Street and the New
York Central railroad tracks.
REFERRED TO THE COMMITTEE ON LEGISLATION.
FROM THE CORPORATION COUNSEL
No. 59
Info Bids-Solid Waste Disposal
Op. No. 95-31
Item No. 30, C.C.P. 04/18/95
This is in response to your request for an opinion concerning
the Solid Waste Disposal bids.
The low bid was submitted by Modern Landfill, Inc. The Commissioner of
the Department of Public Works has recommended to the Common Council that the
contract be awarded to Modern Landfill Inc., as the lowest responsible bidder.
The Common Council has request information concerning the plea agreement
involving Mr. Steve Washuta and the DEC permit of Modern Landfill, Inc. I
have enclosed it copy of the plea agreement dated March 7, 1995. Paragraph 21
of the plea agreement notes the severe medical condition of Mr. Washuta.
Paragraph 24 of the plea agreement requires Mr. Washuta to enter into an
administrative Order of Consent with the New York State Department of
Environmental Conservation pursuant to which he will agree to divest himself of
ownership and control of Modern Landfill, Inc. I have enclosed a copy of a
letter dated April 28, 1995 from attorney Peter J. Burke with enclosures
relating to Modern Landfill, Inc.'s DEC permit. I have also enclosed a copy of
a letter dated April 24, 1995 from attorney Peter J. Burke with enclosures
listing numerous public contracts performed by Modern Landfill, Inc. Finally,
I have enclosed a letter dated April 11, 1995 from Gary E. Smith, President of
Operations for Modern Landfill, Inc. The letter notes that Modern Landfill,
Inc. has not been charged with any criminal wrongdoing and that Modern
Landfill, Inc. will be entering into a consent agreement with the DEC.
Section 103 of the General Municipal Law provides that a municipality
must award a contract to the lowest responsible bidder. Courts have interpreted
the phrase "responsible bidder" to encompass a variety of criteria, including
pecuniary and financial responsibility, accountability, operational
responsibleness, reliability, skill, experience, capacity, ability, judgment
and integrity of the bidder. The criminal record of a bidder or one of its
principals is one of many factors that may be considered in evaluating whether
the lowest bidder is "responsible'. A municipality has discretion in
determining whether a bidder is responsible. A municipality's determination
that a bidder is responsible will be upheld by the Courts where there is a
rational basis to support the determination. Schiavone Construction Co. Inc.
v-LaRocca, 117 A.D.2d 440, 503 N.Y.S.2d 196 (3rd Dept. 1986).
The Commissioner of Public Works has determined that Modern Landfill,
Inc. is the lowest responsible bidder. Modern Landfill, Inc. has presented a
substantial list of other public contracts that the company has performed.
This includes the State of New York, United States Government, Erie County and
the Niagara Frontier Transportation Authority. In addition, the plea agreement
requires that Mr. Washuta enter into an administrative Order of Consent with
the DEC to dicest himself of ownership and control of Modern Landfill, Inc. The
plea agreement also sets forth the severe medical condition of Mr. Steve
Washuta. There does not appear to be any problem with Modern Landfill, Inc.'s
DEC permit. Moreover, Modern Landfill, Inc. has extensive experience and has
not been charged with any criminal wrongdoing.
In light of the above, a rational basis exists to uphold the
determination that Modern Landfill, Inc. is the lowest iresponsible bidder.
Therefore, the Common Council may authorize the award of the solid waste
disposal contract to Modern Landfill, Inc.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 60
Sludge Lagoon Solids-
Cleaning and Disposal Contract
Item No. 28, C.C.P., 5/2/95
You have requested a response from the Law Department regarding
the awarding of the contract for the cleaning and disposing of sludge to
Environmental Products & Services, Inc. ("EP&S") rather than Integrated Waste
Special Services, Inc. ("IWSS"), the low bidder on the project.
Though IWSS presented the lowest bid in the amount of $144,000.00 at the
bid opening on March 30, 1995, they failed to provide all the information
requested by the Bid Proposal. It was specifically requested by all bidders on
page P-3a of the Bid Proposal that the disposal site being used by the ladder
be included. Underlined on the page, it states "This information must be
submitted with the bid." The bid submitted by IWSS did not contain the
requested information. The failure to provide that information made their bid
non-responsive and they were not considered eligible for the award. The Bid
Proposal clearly notified the bidders of that condition.
All other bidders, including EP&S, provided the information as requested.
EP&S presented a bid in the amount of $147,600.00. The Public Works
Department's review of EP&S found them to be a qualified and experienced
company which possessed the ability to perform the contract. On that basis,
they were found to be the lowest responsible bidder and were awarded the
contract.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 61
ECIDA Information
Prudential Associates Project PILOT
Item No. 83, CCP, 4/18/95
You have requested a response from the Department of Law regarding
Prudential Associates' ("Prudential") delinquent status. Prudential is in
arrears with regard to payments in lieu of taxes pursuant to an agreement
between Prudential and the Erie County Industrial Development Agency. Dr.
Ronald W. Coan has informed the City Department of Assessment that the
Prudential property is the subject of a foreclosure proceeding brought by a
mortgage holder.
Because payments in lieu of taxes are not taxes, the City does not have a
lien on the property in question. The City is in the position of an unsecured
creditor relative to Prudential, with all the legal rights and remedies of any
other unsecured creditor. This would include going to court for a judgment
against Prudential in the amount of the arrears.
If you have any further questions, please feel free to contact the
Department of Law.
REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT.
No. 62
Compromise of Demolition, 92 Johnson Park
Item No. 171 C.C.P. July 26, 1994
In or around November of 1989, the City of Buffalo demolished
a garage owned by Joseph B. Bruzgul, Jr. located at 92 Johnson Park, Buffalo,
New York - The City incurred demolition costs in the amount of Three Thousand,
Two Hundred Dollars ($3,200) and has demanded this amount from the owner. The
owner has contested the amount due. This office has previously been authorized
by the Common Council to negotiate with the owner to arrive at an equitable
settlement of the demolition costs. (Item No. 171 C.C.P. July 26, 1994).
Despite due diligence by this office, we have been unable to locate a
file maintained by the City regarding demolition of the above property. A
review of the records supplied by the owner indicates that a Notice dated
November 8, 1989, was forwarded to the owner giving until November 20, 1989 for
the owner to either make the premises safe and secure; take down the structure;
or attend a hearing scheduled for November 20, 1989 to present evidence
regarding the property. The City then proceeded with the demolition on or
before November 13, 1989, in apparent conflict with the November 20, 1989
hearing date and deadline for the owner to demolish or repair the structure.
The owners position is that he would have corrected the problem by November 20,
1989 and was deprived of the opportunity to attend the hearing. Because of the
circumstances surrounding the demolition, the owner has refused to pay the full
amount of the demolition. As a result, the property was listed on In Rem
Action 28 for foreclosure.
The owner has offered Eight Hundred Dollars ($800) in full settlement of
this matter, including, removal of the property from the In Rem list. The
inability to locate the file makes it difficult to conduct a complete
investigation. The apparent defect in the notice procedure used by the City
may establish a complete defense to the foreclosure or any action by the City
to personally collect against the owner. Moreover, the owner may have a claim
for damages against the City for improper demolition. There are no insurance
companies involved in the settlement of this matter.
In view of the above, the Corporation Counsel recommends settlement in
the amount of Eight Hundred Dollars ($800). In the event that the Common
Council desires further review, we would suggest that this matter be forwarded
to the Finance Committee and not the Claims Committee since it involves monies
that are due the City and not a claim against the City.
Mr. Pitts moved:
That the communication from the Department of Law, dated May 10, 1995, be
received and filed; and
That the Corporation Counsel be, and hereby is authorized to settle
demolition claim of Joseph B. Bruzgul, Jr., for 92 Johnson Park, in the amount
of $800.
PASSED.
AYES- 13 NOES- 0.
FROM THE COMMISSIONER OF COMMUNITY DEVELOPMENT
No. 63
M. Falgiano, Petition to Rezone 97-113 Leslie St.
and 66 Kilhoffer St. from R2 to CM
Item No. 97, C.C.P., 04/18/95
Attached for your information is the Short Environmental Assessment
Form for the matter captioned above.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 64
Permission to Accept Fund
Transfer - Street Overlay Program
I respectfully request that Your Honorable Body accept a fund
transfer from the following Community Development Block Grant Account for the
overlaying of four streets, a outlined below.
FROM: TO: AMOUNT:
C.D.B.G. 93-50202 C.P.A. 200-401-507 $109,551
The streets to be overlaid are: Bailey from E. Ferry to Delavan, Crowley
from Rano to Condon, Mystic from Abby to Hopkins and Philadelphia from Ontario
to Isabelle.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 65
Identify BURA Resources
Item No. 152, CCP, 4/18/95
This is in response to the request from the Council pertaining
to a particular
fund account. The Financial Control of Agencies maintains separate fund
accounting for all funds within the administration of the Buffalo Urban Renewal
Agency. The Community Development Block Grants (CDBG) funds represent the
largest amounts. The current year (year 20) block grant amounted to
$22,224,000. Other funding such as Section 108 and HOME bring the total
funding from the Housing and Urban Development (HUD) for the fiscal year to
$43,110,000. As of March 31, 1995 there was a project balance for the Council
in its CDBG projects of $5,100,000. Attached is the detailed list of those
unencumbered fund balances.
The balance sheet of the City of Buffalo Urban Renewal Agency reflects
balances in excess of $56,7000,000.
The BURA resources alluded to in the question make up a very small part
of any funding from all sources, whether considered as expenditures in a fiscal
year or in balances maintained as part of the general fund.
The policy of the Chairman and the Agency as a whole is to reform all
practices found to be less than complete or lacking in control, and to provide
a heightened level of sound financial and program information to the
decision-makers of the Agency and the Council. As an integral part of this
policy, there is a concerted effort to provide Management Information on a
regular basis at the meetings, through the Audit and Budget Committee and by
personal interaction with agency and/or council members.
The Commissioner of Community Development has hired a BURA Director
(started March 6, 1995) to assist in this effort. The BURA Performance Review
recommendations and status will continue to be an integral part of the on-going
report for the members, as well as periodic financial reports on administrative
expense, program income projections, balance sheet presentations and project
balance information. All of this will be included monthly, as well as other
requests from members in the future.
The following is information from the City of Buffalo Urban Renewal
Agency Financial Statements for the Year Ended June 30, 1994, and explains the
nature of the resources.
"Government Funds
The General Fund is used to account for all financial resources, except
those required to be accounted for in another fund. Included in BURA's General
Fund are proceeds from previously closed out grant programs."
(See attached Auditors' Opinion, Balance Sheet, and note pertaining to
the resources)
The origin of the funds dates back over twenty years, and the interest
income was reinvested in the fund balance.
These Resources are held mostly in Temporary Investments, or in a
separate Bank Account (segregation of funds), and are invested in safe and
liquid form of U.S. Treasury Notes and/or U.S. Treasury Bills at varying
maturities.
The balance of these funds as of April 27, 1995 is approximately
$625,000.
Expenditures, as in the case of the February 23, 1995 contract as well as
others in the past (e.g. Indirect Cost Allocation study) are BURA Agency
approved. These expenditures were deemed important by the agency, but were not
considered block grant eligible hence expended from this source.
If there are further questions, please advise.
REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT AND B.U.R.A.
No. 66
Bids-Martin Luther King Park
Tree Removal
I hereby request Permission to take bids for the above project;
and have asked for and received the following bids for Martin Luther King Park
tree removal on April 26, 1995:
Company Base Bids
Schneck's Tree Removal $4,320
Mays Tree Service $5,000
Maplewood Construction $9,900
I hereby certify that the foregoing is a true and correct statement of
the bids received. We are accepting the low base bid, and, therefore,
Schneck's Tree Removal, 161 Roycroft Drive, West Seneca, New York 14224 is the
lowest responsible bidder in accordance with the plans & specifications, in the
amount of $4,320.
I recommend that Your Honorable Body authorize the city to order the work
on the basis of the low bid. Funds for this work are available in Bond Fund
Account 200-717-001.
Mr. Pitts moved:
That the communication from the Department of Community Development,
dated April 26, 1995, be received and filed; and
That the Commissioner of Community Development be, and he hereby is,
authorized to award the contract for Martin Luther King Park tree removal to
Schneck's Tree Removal, 161 Roycroft Drive, West Seneca, the lowest responsible
bidder in the amount of $4,320.00; with said cost to be charged against the
Bond Fund Account 200-717-001.
PASSED.
AYES- 13 NOES- 0.
No. 67
Lease Agreement Between City of Buffalo and
Consolidated Rail Corporation Exchange Street
Reconstruction and Extension
Attached for your approval is a Lease Agreement between the City
of Buffalo and Consolidated Rail Corporation. The lease will allow the Buffalo
Sewer Authority and the Department of Public Works to enter the property and
begin improvements to the extension of Exchange Street from Griffin to Smith
Street.
The Comptroller was authorized by Your Honorable Body, pursuant to CCP
#113, dated May 2, 1995, to make an interfund cash loan in the amount of
$2,415,000 for the reconstruction of Exchange Street.
I recommend that Your Honorable Body approve the attached Lease
Agreement.
Mr. Pitts moved:
That the communication from the Department of Community Development,
dated May 12, 1995, be received and filed; and
That the Commissioner of Community Development be, and he hereby is,
authorized to enter into a lease between the City of Buffalo, acting through
the Buffalo Urban Renewal Agency and Consolidated Rail Corporation, to commence
on March 23, 1995 and ending on March 23, 2015.
PASSED.
AYES- 13 NOES- 0.
No. 68
May 1995 Office Space Inventory
The Division of Planning has conducted its study of downtown office
occupancy rates entitled, "Inventory and Analysis of Office Space in the City
of Buffalo Central Business District From 1982 Through 1994", May 1995.
REFERRED TO THE COMMITTEE ON FINANCE.
FROM THE COMMISSIONER OF INSPECTIONS AND COMMUNITY REVITALIZATION
No. 69
Walden Heights New Housing Project
Approval of Amendment To LDA
MJ Peterson/Forbes Housing, Co.,
James Management, Co. and Marrano Marc Equity
The City of Buffalo Urban Renewal Agency duly designated M.J.
Peterson/Forbes Housing, Co., James Management, Co. and Marrano Marc Equity
Corporation, and/or a joint venture, partnership, corporation or other legal
entity to be formed as the qualified and eligible Redeveloper for the subject
Project.
Please be advised that in accordance with the provision of Article 15A of
the General Municipal Law, it is now necessary for Your Honorable Body to set a
date for a public hearing, and to direct the publication of a notice of said
hearing. In the interest of time and anticipating that Your Honorable Body is
willing to expedite this matter, I have taken the liberty to prepare a
Resolution together with a Notice of Public Hearing for your action.
Forwarded herewith are the following documents:
1. Resolution setting Public Hearing
2. Notice of Public Hearing
3. Resolution approving proposed Land Disposition Agreement
4. Proposed amendment Land Disposition Agreement
After the Public Hearing is held, your Honorable Body may adopt a
resolution authorizing the disposition of the land to the Redeveloper, which
the Agency has designated as being qualified and eligible.
REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT.
No. 70
City Property Rehabilitation Program Phase I
Approval of LDA Buffalo Neighborhood Revitalization Corporation, Redeveloper
The City of Buffalo Urban Renewal Agency duly designated Buffalo
Neighborhood Revitalization Corporation, and/or a joint venture, partnership,
corporation or other legal entity to be formed as the qualified and eligible
Redeveloper for the subject Project.
Please be advised that in accordance with the provision of Article 15A of
the General Municipal Law, it is now necessary for Your Honorable Body to set a
date for a public hearing, and to direct the publication of a notice of said
hearing. In the interest of time and anticipating that Your Honorable Body is
willing to expedite this matter, I have taken the liberty to prepare a
Resolution together with a Notice of Public Hearing for your action.
Forwarded herewith are the following documents:
1. Resolution setting Public Hearing
2. Notice of Public Hearing
3. Resolution approving proposed Land Disposition Agreement
4. Proposed Land Disposition Agreement
After the Public Hearing is held, your Honorable Body may adopt a
resolution authorizing the disposition of the land to the Redeveloper, which
the Agency has designated as being qualified and eligible.
REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT.
No. 71
Transfer of Title, Urban Homestead Program
566 Michigan Avenue - 29 x 150
Lot Size: 29 x 150
The Department of Inspections and Community Revitalization has
surveyed the city-owned lot at 566 Michigan Avenue; lot size 29 x 150; and it
has been determined that the parcel of land is inappropriate for either
construction or new housing or the construction of public recreation
facilities.
Bruce Pagels of 570 Michigan Avenue indicated that he will clean,
improve, and maintain the lot in the event that he obtain(s) title to the
property under the Urban Homestead Program.
A letter was sent to DDJ Holding Corp. the other adjacent property
owner(s), giving them until February 27, 1995 to express interest in obtaining
566 Michigan Avenue under the Urban Homestead Program. We have received no
response(s).
We, therefore, recommend that the city-owned vacant lot be designated as
a Homestead Property and be transferred to Bruce Pagels on the condition that
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.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 72
Schmit Plumbing-Fair Equal Enforcement-Plumbing Regs.
Item No. 94, C.C.P. 4/4/95
In response to the above stated Common Council communication,
I would like to supply your Honorable body with the following information. We
in the Division of Housing and Property Inspections are in disagreement with
accusations of Mr. Herbert Schmit of Schmit Plumbing and Heating. Mr. Schmit
is claiming that it has become increasingly difficult to conduct a plumbing
business with in the corporate limits of the City of Buffalo. I am of the
understanding that Mr. Schmit was a member of the Examining Board of Plumbers
who was not reappointed upon the expiration of his term. Recent concerns of
the Plumbing Contractors Association, and select members of the Examining Board
of Plumbers do not reflect the policies of the current administration. The
current staff of the examining Board of Plumbers must constantly be reminded
that their function is to examine the qualifications of applicants for Master
and Journeyman Plumber Licenses. This board is not empowered to perform any
other function on it's own. The application and enforcement of the New York
State Uniform Fire Prevention and Building Code, Chapter 326 Of the Charter and
Ordinance of the City of Buffalo, and all plumbing codes fall under the
jurisdiction of the Commissioner of Inspections and Community Revitalization
and The Director Of Housing and Property Inspections. The Issuance and
Revocation of all Plumbing Licenses is the Charge of The Director of Licenses.
The approval or condemnation of materials used in the installation of
plumbing, is the charge of the Commissioner of Inspections and Community
Revitalization. Inaccurate information is somehow being delivered to both the
plumbing contractors organizations and to other interested parties. Our basic
operation of performing plumbing inspections has not changed, We are still
attempting to deliver this service with an acting Chief Inspector and Three
Plumbing Inspectors. We appreciate the concerns that the Plumbing Contractor
Association has with our department. The Plumbing Contractors Association
shall not and will not have any authority over the Inspector activity in the
field, or will they be allowed to be the policy and law making body that is
established to govern and or monitor their activities. Any and all future
concerns by any interested parties should be addressed to the Commissioner of
Inspections and Community Revitalization. It is my sincere hope that this
response satisfies your
REFERRED TO THE COMMITTEE ON FINANCE.
No. 73
Waive Ord. - Allow Bldg. along Seward
Item No. 34, C.C.P. 4/18/95
In response to the above stated Common Council communication,
I would like to supply your honorable body with the following information, The
area in question along the Buffalo river is in what is referred to as the one
hundred year flood plain. We in the Department of Inspections and Community
Revitalization are the enforcement agency empowered to enforce the codes and
ordinances that have been adopted by the City of Buffalo. In reference to
waivers and variances, this type of relief is generally the responsibility of a
board such as the Flood Hazard Review Board. It is my sincere hope that this
response satisfies your inquiry.
RECEIVED AND FILED.
No. 74
Liquor License 397 Babcock, 140 North Street
Item No. 69, C.C.P. 4/4/95
With regard to the above subject properties please be advised
of the following inspection results:
397 Babcock: Property was inspected on April 26, 1995 by Building
Inspector Arthur Kostrzewa; whereby on this date he noted legal use as a tavern
was established in 1945. There are some minor building code violations
existing at this time, however, a current building permit (B-26362) remains
open and active and the work is being monitored by our department to insure
compliance. There are no outstanding letters of violation or court action
pending at this time.
140 North St.: The property was inspected on April 26, 1995 by Building
Inspector Arthur Kostrzewa; whereby on this date he noted legal use was
established 12/1/78. This property is a registered Multiple Dwelling and as
such, all areas of the building are routinely inspected. The property is
currently in substantial compliance. There are no outstanding letters of
violation or-court action pending at this time.
We, trust this will satisfy your inquiry. If you have any questions
please feel free to contact this department.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 75
Loan Review Committee CDBG Loan:
104 Lewis Street
I am respectfully requesting your approval for a total of $150,000
of CDBG funds for the property located at 104 Lewis Street.
NOTE: these funds will be loaned at 1% for 20 years (see attached BURA item).
1. 104 Lewis Street - Owner Polish Community Ctr. of Buffalo
1081 Broadway
Buffalo, NY 14212
32 - one bedroom units.
Mr. Pitts moved:
That the communication from the Department of Inspections and Community
Revitalization dated May 3, 1995, be received and filed; and
That the Commissioner of Inspections and Community Revitalization be, and
he hereby is, authorized to release the amount of $150,000 of Community
Development Block Grant funds for 104 Lewis Street at 1 % for 20 years.
PASSED.
AYES- 13 NOES- 0.
FROM THE COMMISSIONER OF
ADMINISTRATION AND FINANCE
No. 76
Remove Unregistered Vehicles Private Property
Item No. 210, CCP, 5/2/95)
I am pleased to direct the Parking Violations Bureau to investigate
this situation and to develop any policy that may be appropriate. I trust this
answers your inquiry.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 77
RFP Process-Renaming Baseball Stadium
Item No. 214, CCP, 5/2/95
I have asked Steve Banko, Mayor's Confidential Aide, to respond
to the Council on this item as he has been directing the effort on the RFP.
I trust this answers your inquiry.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 78
Wage Assgn./ Subrogation
Item No. 42 C.C.P. 5/2/95)
I have referred this item to Labor Relations Director Joos for
his opinion and have asked him to respond directly to the Council.
I trust this answers your inquiry.
REFERRED TO THE COMMITTEE ON FINANCE
No. 79
Refund Interest on Taxes--998 Clinton
Item No. 74, C.C.P. 5/2/95)
I would defer to the Corporation Counsel on this item as the refunded
interest may constitute a gift of public funds.
I trust this answers your inquiry.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 80
T. Bryant-Waive Towing Charges
Item No. 75, C.C.P. 5/2/95
As much as I am sympathetic to Mr. Bryant's situation, I do not
feel that a waiver is justified in this instance as we have not granted them in
other similar ones.
I trust this answers your inquiry.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 81
Certificate of Appointment
Appointment effective 5/1/95 in the Department of Administration
and Finance, Division of Treasury, Christine A. Schalberg, 337 St. Lawrence
St., Bflo, NY 14216, to the position of Teller, Temporary, at the Intermediate
Starting Salary of $24,407.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
FROM THE BUFFALO URBAN RENEWAL AGENCY
No. 82
UNILAND/Block 21
I am in receipt of your letter of May 2, requesting a response
with respect to the Uniland Corporation's activities in the Oak/Michigan urban
Renewal area.
We have reported the situation in the past, with respect to this
developer and its activities in that urban renewal area. The only unresolved
issue remaining is the issue of Block 21 as a parking lot. I have consistently
brought this matter to the attention of the Commissioner of Community
Development for his direction as to a solution. Commissioner Bicz has
consistently advised me that the developer has a tenant/purchaser "in play".
I therefore suggest, that for further information and direction with
respect to the lapsed LDA on Block 21 you contact Commissioner Bicz for comment
or information.
REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT AND THE COMMISSIONER OF
COMMUNITY DEVELOPMENT.
FROM THE CITY CLERK
No. 83
Notice of Hearing
Rename Sheridan Avenue as Mt. Olive Way
I hereby inform you that a public hearing has been scheduled to
be held before the Common Council at its Regular Meeting this day, at 2:00 P.M.
in the Council Chamber. The notice of said hearing was published in the
Buffalo News on Friday, May 5, and Friday, May 12, 1995, and copies of the
publications are attached hereto.
RECEIVED AND FILED.
No. 84
Take From the Table
Rename Sheridan Avenue as Mt. Olive Way
Mr. Pitts moved that the above item, the subject of a hearing
scheduled for this day before the Common Council, is hereby taken from the
table, and is now before the Common Council for its consideration.
Seconded by Mr. Bell.
ADOPTED.
No. 85
Hearing
Rename Sheridan Avenue as Mt. Olive Way
Mr. Pitts moved that the above item is properly before the Common
Council and the hearing be opened.
CARRIED.
Appearances in Favor Rev. Harry Ward, Mr. Olive
Appearances Opposed: Karen Zesper, Doorway Rug Service
Gary Blaser, Blaser Plumbing
Mr. Pitts moved that the hearing be closed.
CARRIED.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 86
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
51 Broadway RAP Group Carl Paladino
REFERRED TO THE COMMITTEE ON FINANCE, THE COMMISSIONER OF ASSESSMENT, THE
COMMISSIONER OF PUBLIC WORKS, AND THE COMMISSIONER OF INSPECTIONS AND COMMUNITY
REVITALIZATION.
No. 87
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:
Inspections and Community Revitalization- Nancy DeMartino
RECEIVED AND FILED.
No. 88
Reports of Attendance
I transmit herewith communications received by me, from the various
boards, commissions, agencies and authorities reporting the membership
attendance at their respective meetings:
City Planning Board
Emergency Medical Services Board
Municipal Housing Authority
RECEIVED AND FILED.
No. 89
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 April 28, 1995 in the Department of Common Council
Antoinette Schrader, 899 Prospect Ave., Buffalo, 14213, to the Position of
Intern IV, Seasonal, at the Flat Starting Salary of $ 6.00 hr.
Appointment effective May 1, 1995 in the Department of Common Council,
LeeQuisha Jacobs, 236 Clinton, Buffalo, 14204 to the Position of Intern V,
Seasonal, at the Flat Starting Salary of $8.00.
Appointment effective May 4, 1995 in the Department of Common Council
Gwendolyn Taylor, 15 Bedford Ct., Buffalo, 14204, to the Position of Intern V,
Seasonal, at the Flat Starting Salary of $8.00.
Appointment effective May 1, 1995 in the Department of City Clerk to the
Position of Intern IV, Seasonal, at the Flat Starting Salary of $6.00.
Joan Brinkworth, 205 Marine Drive, Buffalo, NY 14202
Willie Earl House, 547 Lasalle, Buffalo, NY
No. 90
Notices of Appointments - Seasonal/Flat
I transmit herewith certificates received by me, reporting seasonal
and flat salary appointments made in various departments.
RECEIVED AND FILED.
DEPARTMENT OF STADIUM & AUDITORIUM
Appointment effective May 1, 1995 in the Department of Stadium
& Auditorium Division of Downtown Stadium, to the Position of Laborer I,
Seasonal, at the Flat Starting Salary of $6.22.
Christian S. Simcoe, 58 Ideal St., Buffalo, 14206
Joseph Owcarz, 191 Herkimer St. Apt.#5, Buffalo 14213
Appointment effective May 4, 1995 in the Department of Stadium &
Auditorium Division of Downtown Stadium, to the Position of Laborer I,
Seasonal, at the Flat Starting Salary of $6.22.
Christopher Lozo, 56 Richfield Ave., Buffalo, 14220
Jason Durante, 116 Plymouth St., Buffalo, 14201
Daniel Wilson, 49 Carlyle Ave., Buffalo, 14220
Henry T. Eason, Jr., 524 Glenwood Ave., Buffalo, 14208
Luis Merrero, 469 Perry St., Buffalo, 14204
Rory Newton, 279 Loring St., Buffalo, 14214
Appointment effective May 1, 1995 in the Department of Stadium &
Auditorium Division of Downtown Stadium to the Position of Senior First Class
Stationary Engineer, Temporary, at the Flat Starting Salary of $7.33 Mark
Blake, 158 Dundee St., Buffalo, 14220.
DEPARTMENT OF PUBLIC WORKS
Appointment effective May 2, 1995 in the Department of Public
Works Division of Water to the Position of Clerk, Seasonal, at the Flat
Starting Salary of $5.20 hr.
Maureen Colern, 154 Cushing Place, Buffalo 14220
Tara Crenshaw, 544 Minnesota Ave., Buffalo 14215
Appointment effective May 2, 1995 in the Department of Public Works
Division of Water, Kathleen Wachowicz, 81 Barnard St., Buffalo 14206 to the
Position of Account Clerk, Seasonal, at the Flat Starting Salary of $5.46/hr.
Appointment effective May 8, 1995 in the Department of Public Works
Division of Engineering, Jermaine Joyner, 63 Harvard Place, Buffalo, NY 14209
to the Position of Laborer I, Seasonal, at the Flat Starting Salary of $6.22.
Appointment effective April 28, 1995 in the Department of Public Works,
Division of Water, James Mascari, 290 Sterling Ave., Buffalo 14216, to the
Position of Water Service Worker, Seasonal, at the Flat Starting Salary of
$6.26 hr.
Appointment effective May 2, 1995 in the Department of Public Works,
Division of Water, Terry Campbell, 262 High St., Buffalo 14204, to the Position
of Water Service Worker, Seasonal, at the Flat Starting Salary of $6.26/hr
Appointment effective May 8, 1995 in the Department of Public Works,
Division of Water, Robert J. Coniglio, 23 Kimmel, Buffalo, 14220, to the
Position of Water Service Worker, Seasonal, at the Flat Starting Salary of
$6.26 hr.
Appointment effective May 8, 1995 in the Department of Public Works,
Division of Water, James S. Ray, 75 Prenatt St., Buffalo 14210, to the Position
of Water Service Worker, Seasonal, at the flat Starting Salary of $6.26/hr.
Appointment effective May 10, 1995 the Department of Public Works,
Division of Water, Thomas M. Smith, 104 Academy Rd., Buffalo 14211 to the
Position of Water Service Worker, Seasonal, at the Flat Starting Salary of
$6.26/hr.
Appointment effective May 12, 1995 in the Department of Public Works,
Division of Water, Michael F. Buttitta, 623 Auburn, Buffalo 14222, to the
Position of Water Service Worker, Seasonal, at the Flat Starting Salary of
$6.26/hr.
DEPARTMENT OF PARKS
Appointment effective May 8, 1995 in the Department of Parks,
to the Position of Laborer II, Seasonal, at the Flat Starting Salary of $6.92.
Eric Dudek, 1369 East Delevan, Buffalo 14215
Joseph Tempski, 52 Ramona, Buffalo 14220
No. 91
Appointments - Temporary, Provisional or Permanent
I transmit herewith Appointments in the various departments made
at the Minimum (Temporary, Provisional or Permanent) and for Appointments at
the Maximum (as per contract requirements) .
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
DEPARTMENT OF POLICE
Appointment effective April 29,1995 in the Department of Police
to the Position of Cellblock Attendant, Contingent Permanent, at the Minimum
Starting Salary of $22,266.
Arthur Burgin, 25 Midway Avenue, Buffalo 14215
Cheryl A Seager, 92 Tennessee Street, Buffalo 14204
Michael J Drewniak, 125 Howell Street, Buffalo 14207
Appointment effective April 29, 1995 in the Department of Police, Stephen
P Schulz, 366 Linden Avenue, Buffalo 14216 to the Position of Cellblock
Attendant, Permanent, at the Minimum Starting Salary of $22,266.
Appointment effective May 8, 1995 in the Department of Police, to the
Position of Report Technician, Permanent, at the minimum Starting Salary of
$21,126.
Elizabeth Mann, 67 Strathmore Avenue, Buffalo 14220
Bridget Szymanski, 55 Littlefield Avenue, Buffalo 14211
Tracy Dean, 85 Keystone Street, Buffalo 14211
Appointment effective May 8, 1995 in the Department of Police, to the
Position of Lieutenant, Permanent, at the Flat Starting Salary of $48,310.
Daryl Ricigliano, 296 Linden Avenue, Buffalo 14216
James Shea, 371 Downing Street, Buffalo 14220
Dennis Zamerski, 79 Greenhill, West Seneca 14224
Paul Delano Jr., 65 Markus Drive, Cheektowaga 14225
Timothy Ring, 5587 Southside Drive, Hamburg 14075
Thomas Keane, 88 Sage Avenue, Buffalo 14210
Appointment effective May 8, 1995 in the Department of Police, Kevin
Barberg, 423 Ideal Street, Buffalo 14206 to the Position of Lieutenant,
Contingent Permanent, at the Flat Starting Salary of $48,310.
DEPARTMENT OF HUMAN RESOURCES
Appointment effective May 2, 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.
Dominic Piscitello, 50 Boyd, Buffalo 14213
Rosemond Jones, 62 Girard, Buffalo 14211
Appointment effective May 3, 1995 in the Department of Human Resources
Division of Youth to the Position of Attendant, Seasonal, at the Flat Starting
Salary of $4.42 hr.
Carlene Peterson, 616 Woodlawn, Buffalo 14211
Edmond Battle, 73 Girard, Buffalo 14211
Maureen Jackson, 163 Columbus, Buffalo 14220
Appointment effective May 8, 1995 in the Department of Human Resources
Division of Youth, Frank Rodriguez, 202 W. Tupper, Buffalo 14201, to the
Position of Attendant, Temporary, at the Flat Starting Salary of $4.22 hr.
Appointment effective May 9,1995 in the Department of Human Resources
Division of Youth, Mary Salter, 81 Humber, Buffalo 14215, to the Position of
Attendant, Temporary, at the Flat Starting Salary of $4.42 p/h.
Appointment effective May 3, 1995 in the Department of Human Resources
Division of Youth, Mark Hilmey, 53 Marbeth, Buffalo 14220, to the Position of
Lifeguard, Seasonal, at the Flat Starting Salary of $5.20 p/h.
NON-OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES
NON-OFFICIAL COMMUNICATIONS
No. 92
FCC
Opinion/Order-TCI Rate Charges
1. Here we consider complaints about the prices TCI of Illinois,
Inc., TCI of New York, Inc., and TCI Cablevision of Pennsylvania, Inc.
(collectively "Operators") were charging for their cable programming service
("CPS") tier in the communities referenced above. Operators have chosen to
attempt to justify their prices through benchmark showings on FCC Form 393s.
This Order addresses the reasonableness of Operators' prices only through May
14, 1994. At a later time we will issue a separate order addressing the
reasonableness of the prices after that date.
2. Under the Cable Television Consumer Protection and Competition Act of
1992,' and our rules implementing it, 47 C.F.R. Part 76, Subpart N, the
Commission must review CPS prices upon the filing of a complete and timely
complaint. The filing of a complete an timely complaint triggers an obligation
C13S
on behalf of the cable operator to file a justification of its prices.
Under our rules, an operator may attempt to justify its prices through either a
benchmark showing or a cost-of-service showing.' In either case, the operator
has the burden of demonstrating that its CPS prices are not unreasonable.'
3. The Commission's original rate regulations took effect on September 1,
1993,' The Commission subsequently revised its rate regulations effective May
15. 1994.' Operators with complete and timely CPS complaints filed against them
prior to May 15, 1994 must demonstrate that their CPS prices were in compliance
with the Commission's initial rules from the time the complaint was filed
through May 14, 1994, and that their prices were in compliance with the revised
rules from May 15, 1994 forward.' Operators attempting to justify their prices
for the period prior to May 15, 1994 through a benchmark showing must complete
and file FCC Form 393.9 Generally, to justify their prices for the period
beginning May 15, 1994 through a benchmark showing, operators must use the FCC
Form 1200 series."
4. Operators assert that their monthly CPS prices are justified by their
benchmark filings because their prices are less than or equal to their maximum
permitted charges. Upon review, we have found no apparent errors that would
result in Operators' actual CPS prices exceeding their maximum permitted CPS
prices."
5. Accordingly, IT IS ORDERED, pursuant to Section 0.321 of the Commission's
Rules, 47 C.F.R. 0.321, that the complaints referenced herein against the
cable programming service prices charged by Operators in the communities
referenced above ARE DENIED TO THE EXTENT INDICTED HEREIN.
REFERRED TO THE SPECIAL COMMITTEE ON CATV.
No. 93
K. GIOULEKAS
Complaint-Electrical Inspection
This letter is in regards to the continuous lack of cooperation
from the electrical department regarding electrical inspections and the
inspectors themselves. I am convinced that extreme discrimination exists and
must be curtailed immediately!
On Tuesday May 09, 1995 an electrical inspection was scheduled for 10:30
a.m. Upon my arrival at the premises at 10:20 a.m. I found a business card from
Larry Michalski indicating that he could not gain entry for the inspection. my
office immediately contacted Mr. Dave Pierowicz, Chief Electrical inspector to
find out why his inspector was not present an the job site for the 10:30 am.
appointment. Mr. Pierowicz had no reply other than when he checked Mr.
Michalski calender he had the time listed between 10:00 am. and 10:30 a.m.
On Wednesday, May 10, 1995 I contacted Mr. Michalski to reschedule the
inspection. He made it quite clear that the inspection would occur at his
convenience. He was informed that the property had been vandalized prior to us
making improvements and that time was of the essence to inspect so that Niagara
Mohawk could supply power for security purposes. Mr. Michalski expressed no
concern in this regard. When I informed him that a complaint would be filed he
responded 'You can complain to anyone You want'.
As we continue to make investments in the City of Buffalo we find that we
are getting less and less cooperation.
The law department should be aware that due to Prior experience and this
matter at hand I am willing to file suit against the City of Buffalo.
Thank you for your attention and prompt response.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE COMMISSIONER OF PUBLIC WORKS AND
THE COMMISSIONER OF INSPECTIONS AND COMMUNITY REVITALIZATION.
No. 94
S. GODSZIZ
Request Demo. of 126 Gibson
Enclosed, please find a copy of a petition from my block of Gibson
Street. It expresses the desires and the frustrations of our neighborhood in
dealing with the problems at 126 Gibson Street.
That property has been steadily deteriorating for the past 12 years and
the City of Buffalo is aware of the terrible conditions there yet nothing is
being done about them. Two years ago this property was in Housing Court and
Judge Sedita found conditions there so terrible that the property manager was
fined and the property was vacated. Since then ownership has gone from M&T
Bank to a holding company to EBCOP. All we have seen is further deterioration
of the property and promises that some day it fill be renovated. Not one of
the many violations were addressed yet the City's Law Department closed the
case.
The residents of this block would like to know why this property is not
in Housing Court. Any private owner would have been fined and jailed long ago
for the conditions there.
The residents of this block want to express opposition to the plans to
put between 30 and 40 thousand dollars of block grant funds into fixing up a
single property when that money could better be spent fixing-up a number of
properties in the area that need repair.
The residents of this block want to see the demolition of the structure
at 126 Gibson Street.
We are waiting to see what you will do to help us.
REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT, THE COMMISSIONER OF
COMMUNITY DEVELOPMENT, THE COMMISSIONER OF INSPECTIONS AND COMMUNITY
REDEVELOPMENT AND THE EAST BUFFALO COMMUNITY OWNERSHIP PROJECT.
No. 95
GREENWAY TASK FORCE
Include Fillmore In Greenway System
Item # 207, CCP, 5/2/95
Legislation Committee Chairman Al Coppola has asked me to comment
on the Waterfront Greenway Task Force report; specifically concerning the
proposed amendment sponsored by Councilmembers Franczyk and Pitts to include
Fillmore Avenue in the Greenway System.
The Task Force welcomes the continued involvement of the Common Council
in this effort, and further supports the inclusion of Fillmore Avenue as part
of the Waterfront Greenway System.
Briefly, about the Task Force:
Pursuant to Common Council resolution 180 (C.C.P. February 8,1994),
sponsored by Councilmembers Bonnie Kane Lockwood, Kevin Helfer and former
Councilmember Eugene Fahey, the Waterfront Greenway Task Force was created for
the purpose of developing recommendations for a Buffalo Waterfront Greenway
System.
The Task Force was comprised of citizens, and organizations, who have
been involved in advocating for public access opportunities as it relates to
the planning and redevelopment of the Buffalo Waterfront area. The Task Force
was appointed by your Honorable Body and has developed recommendations for a
Waterfront Greenway System plan. The Task Force report, and proposed ordinance
amendment to affect the same, is now before you.
It is our hope that you will find the recommendations therein helpful,
and that they will serve as a basis from which the Common Council will take
final legislative action to create the Buffalo Greenway System Special Review
District.
If you should have additional questions, I am available at your
convenience.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 96
K. HELFER
Personnel Redeployment Proposal
I hereby submit to the Common Council a proposal for the Redeployment
of Personnel In Streets and Sanitation. In addition to your considerations of
this proposal, I request that this honorable body establish a committee with
representatives from Local 264, Administration and Finance, the Budget
Director, Common Council, Streets and Sanitation, and any other interested
parties, to determine the feasibility.
Thank you for your time and considerations of this request.
REFERRED TO THE COMMITTEE ON FINANCE, THE COMMISSIONER OF STREETS AND THE
COMMISSIONER OF ADMINISTRATION AND FINANCE.
No. 97
C. JONES
Settle Claim-Demo 574 Goodyear
I am writing this letter pursuant to your request in our recent
telephone conversation in an attempt to reach a settlement of the
above-referenced matter. As you know, my clients owned a home on the property
commonly known as 574 Goodyear in the City of Buffalo. There was a fire at the
house next door which caused damage to their home as well. The Jones'
immediately hired someone to secure and board up the premises. They had
$30,000.00 in fire insurance and were preparing to make the necessary repairs
to the building when an emergency demolition was done by the City.
The City then attempted to enforce a demolition lien in the amount of
$16,000.00 on the Jones' $30,000.00 insurance proceeds. Because the Jones, had
filed a Notice of Claim for the full value of the property destroyed, and also
disputed their responsibility for any portion of the demolition cost, it was
agreed that $16,000.00 of the insurance proceeds would be held in escrow by the
City and the remainder of the insurance proceeds would be released to the
Jones.
My office was retained by the Jones's in January of 1995. The Common
Council requested that the clients appear before them on two occasions. My
office appeared with the Jones in order to seek a release of the $16,000.00
being held in escrow. No resolutions were reached while we were present.
However, at a subsequent session, the Finance Committee authorized the release
of $8,000.00 to my clients.
As I indicated to your office, my clients were unwilling to sign a
General Release in return for the release of $8,000.00. They fully intended to
pursue the loss of the value of their home pursuant to their Notice of Claim
once their insurance money was released. Apparently, the Common Council did
not consider the outstanding Notice of Claim, and upon the advice of your
office, The City is now refusing to release any of the escrowed funds until all
of the outstanding claims are resolved and a General Release is received from
our clients.
As I indicated to you, my clients were willing to sign a General Release
unless the City paid them for all of their damages which total approximately
$37,000.00. They claim that the building was worth at lease $50,000.00 before
the fire, and that after their insurance recovery of $30,000.00 their losses
for the un-reimbursed value of the building totals $20,000.00. They also claim
no responsibility for the cost of demolition and would be seeking the full
$16,000.00 being held for that purpose along with the cost they incurred to
board up the premises in the amount of $817.99. As I was preparing to commence
the necessary lawsuit, you indicated to me that the City would not be willing
to meet these demands, but that since several council members expressed desire
to settle this case you would be willing to seek their approval of a settlement
of all of their claims upon the release of the full $16,000.00 being held in
escrow.
After speaking with my clients they have authorized me to accept
$17,000.00 in full satisfaction of All of their claims. They understand that
the City if having financial difficulties and are therefore reducing their
demand at this time. However, their only condition is that a settlement be
reached within ten (10) days from the date of this letter. Otherwise, they
will proceed with their lawsuit and seek to recover their full damages. They
feel strongly with regard to this time limit due to the fact that they have
reduced their demand substantially, and due to the extensive delays which have
taken place in processing this claim to date.
Please get back to me as soon as possible with any questions you may have
along with your response to this demand.
REFERRED TO THE COMMITTEE ON FINANCE AND THE CORPORATION COUNSEL.
No. 98
KAVINOKY & COOK, LLP
Crossroads Arena Project Agreements & Amendments
With respect to the Crossroads Arena Project we file herewith
the following items:
1. Development and Construction Agreement by and among CALLC, City of Buffalo,
County of Erie, UDC, BURA and ECIDA.
2. Letter of Resolution by and among UDC, SHPO, CALLC and the City of Buffalo.
3. Operating Agreement by and among CALLC, City of Buffalo, County of Erie,
UDC, BURA and ECIDA.
4. Inter-Governmental (Chapter 652) Agreement by and among County of Erie, City
of Buffalo, UDC, ECIDA and BURA.
5. Inter-Municipal Agreement (Article 5-G) between City of Buffalo and County
of Erie.
6. Amendment to 1994 City-County Settlement Agreement between City of Buffalo
and County of Erie.
7. Coordinating Agreement by and among City of Buffalo, UDC and the County of
Erie.
8. LDA by and among BURA, City of Buffalo and CALLC.
9. Ground Lease between BURA and the County of Erie.
10. County Sublease #1 between City of Buffalo and County of Erie.
11. City Sublease between City of Buffalo and County of Erie.
12. Inducement Agreement by and among City of Buffalo, BURA, UDC, County of
Erie, NFHLP, CALLC and NFHMC.
13. Right-of-Way License between City of Buffalo and CALLC.
14. Auditorium Non-Competition Agreement by and among City of Buffalo, CALLC
and NFHLP.
15. Financing Participants Agreement by and among City of Buffalo, County of
Erie, BURA, UDC, ECIDA, Marine Midland Bank, Key Bank of New York, Shawmut
Bank, Fleet Bank, New York Sportservice, Inc., Sportservice Corporation,
BSCLLC, CALLC and NFHLP.
16. Subordinated Guaranty Agreement (in favor of Principal Public Participants)
by and among NFHLP, City of Buffalo, County of Erie and UDC.
17. Building Loan Mortgage by and among CALLC, BURA, ECIDA, County of Erie and
Marine Midland Bank.
18. Release of Interim (Early Entry) Guarantee by and among BURA, the City of
Buffalo and NFHLP.
19. Non-Disturbance and Attornment Agreement by and among BURA, City of
Buffalo, County of Erie, ECIDA, CALLC, NFHLP, BSCLLC, New York Sportservice,
Inc., Sportservice Corporation, Marine Midland Bank, Key Bank of New York,
Shawmut Bank and Fleet Bank.
20. Lenders Cooperation Agreement by and among NHL, Marine Midland Bank, Key
Bank of New York, Shawmut Bank, Fleet Bank, UDC, City of Buffalo, County of
Erie, BURA, NFHLP, CALLC and BSCLLC.
21. Non-Relocation Agreement (Public Sector) by and among City of Buffalo,
BURA, NFHLP, NFHMC, UDC and County of Erie.
22. Lease Agreement between CALLC and NFHLP (for information only).
Mr. Pitts moved:
That the Crossroads Arena documents filed with the City Clerk on May 11,
1995 be and hereby are amended by substituting or inserting the following
pages, copies of which are attached to this motion:
Development and Construction Agreement - cover page and page 36 of the
Agreement, pages 1, 3, 4, 5, 6, 7, 9 10, 12, 13, 15, 16, 19 and 22 of Schedule
A ("Definitions") to the Agreement, a new Exhibit C, an additional page to
Exhibit E ("Project Budget") to the Agreement, and Exhibit J.
Operating Agreement - cover page and pages 1, 7, 12, 15, 16, 17 and 45 of the
Agreement and pages 1, 2, 3, 4, 5, 6, 7, 9, 10, 12, 13, 16, 19 and 22 of
Schedule A ("Definitions") to the Agreement.
Land Disposition Agreement - page 4 of Part I, page I of Part II, page 1 of
Exhibit A. ("Definitions") and Exhibit C in its entirety.
Ground Lease - page 1 of the Lease.
County Sublease #1 - pages 1 and 4 of the Sublease.
City Sublease - pages 1 and 4 of the Sublease.
County Sublease #2 - cover page, page (ii), pages 7, 8, 9, 13, 19, 23, 27, 28,
29, 30 and 31 of the Sublease.
Auditorium Non-Competition Agreement - in its entirety.
Financing Participants Agreement - cover page, pages (i), (ii), (iii), (iv), 1,
4, 16, 26, 31, 32, 33, 34, 36, 37, 38, 39, 44, 45, 46, 47, 49 and 54, the
signature pages, pages 1, 3 and 4 of the Schedule of Definitions, Schedule E,
Schedule G, Schedule H, Schedule I, Schedule J, Exhibit 1, Exhibit 2, Exhibit
A, Exhibit 3 and Exhibit 4.
Subordinated Guaranty Agreement - cover page and pages 1 and 3 of the
Agreement.
Building Loan Mortgage - cover page and pages (i), (ii), (iii), 1, 4, 5, 10,
11, 12, 13, 15 and 16, signatures, acknowledgments and Schedule A.
Non-Disturbance and Attornment Agreement - in its entirety.
Lenders Cooperation Agreement - addition to page 18, line 17.
CALLC-NFHLP Lease (for information only) page 16 of Schedule A to the Lease.
That the following additional documents be appended to the documents
filed with the City Clerk on May 11, 1995:
Letter from CALLC dated May 10, 1995 regarding Crossroads Arena Project
Plans and Specifications;
Suite Sales Report prepared by Crossroads Arena LLC;
Report on the CAC/County Ticket Surcharge prepared by Niagara Frontier
Hockey, L.P.;
Form of Letter from CALLC required by the City regarding future
pedestrian bridge connections.
REFERRED TO THE AUDITORIUM AND STADIUM TASK FORCE.
No. 99
L. MARTIN
Complaint-Water Bill 314 Dewey Ave.
In the early months, 1993, after many years of complaining about
the status of my water bill at 314 Dewey Ave., Buffalo, NY; I was told: the
sink on the second floor had to be removed and an inspection made. I said I
would comply. I also asked about refunds for overpayment for prior years
dating back to 1981 up to the present, I was told I could go back only 6 years
for adjustments and I would need proof that it was purchased as a single.
I had the sink removed and inspected, I sent a copy of the sales contract
with a letter of explanation. After a lengthy time I was sent a duplicate bill
with a note at the bottom.
After receiving the note and my copy of the contract sale; I called and
asked for Rita, as I was told. She said I needed to speak to someone else and
I was transferred to Ellen Smith. She was rude, refused to discuss it. I
asked to speak to her supervisor, she refused to transfer me. I asked for her
supervisor name, she gave me the name of Kathy Swarley. I asked for her
number, she refused. At that time she said I would have to take the matter up
with Mr. Ronald Carnavale in Writing. At the point I felt hopeless and gave
up.
Now both my husband and I are retires and it is an undue burden on us.
(sic)
REFERRED TO THE COMMITTEE ON FINANCE AND THE COMMISSIONER OF PUBLIC WORKS.
No. 100
NY POWER AUTHORITY
Procedure To Reduce City Electric Costs
Thank you for your letter of April 10 requesting an update on
NYPA's efforts to help Buffalo reduce its electric bill.
On April 4, Mr. Paul Belnick of NYPA's Energy Efficiency Business Unit
and other met with City of Buffalo staff including Mr. Joseph Giambra of your
Department of Public Works to discuss NYPA's High Efficiency Lighting Program.
The next step for Buffalo to sign a Cost Recovery Agreement with NYPA. Once
that is done, we would then begin reviewing the various city facilities to
scope out the extent of efficiency measures that could be undertaken.
I want to thank you for your continued interest and look forward to NYPA
and Buffalo working together in tile future.
REFERRED TO THE COMMITTEE ON FINANCE AND THE COMMISSIONER OF PUBLIC WORKS.
No. 101
NYS BD. OF REAL PROPERTY SERVICES
Certificate-Final Adjusted Base Proportions
I, William W. Crotty, Assistant Director of Equation Support Services,
hereby certify that on May 8, 1995, the State Board of Real Property Services
established final adjusted base proportions for the classes and portions listed
below on the 1995 assessment roll of the City of Buffalo:
PORTION HOMESTEAD NON-HOMESTEAD
City of Buffalo 50.3547423 49.6452577
RECEIVED AND FILED.
No. 102
NIAGARA INSULATIONS INC.
Close Museum of Science Parking Lot
Can we close the Museum of Science's parking lot off to through
traffic?
As you can see from our recent minutes, someone is going to get killed
going to their car. I believe the council would have to act to close it
because it is actually a street.
George and I would like to take you to lunch next week, the week of May
8th, I will call you to set it up.
REFERRED TO THE COMMITTEE ON LEGISLATION AND THE COMMISSION OF PUBLIC WORKS.
No. 103
R. OGOREK, JR.
Offer Purchase One Drawer File
Our office has a, "one drawer file box" which has not been used
for several years. The box is empty, and there is no foreseeable use for this
type of box. The box is made of wood and measures: 15 1/2" x 10" x 7".
Rather than discard the box, I would like to purchase it form the city
for the sum of five dollars.
May I have the Common Council's permission to purchase the box for five
dollars?
That the communication from Richard L. Ogorek, Jr., dated April 27, 1995,
be received and filed; and
That the Commissioner of General Services be, and he hereby is authorized
to sell a wooden box 15 1/2" x 10" x 7" to Richard L. Ogorek, Jr. in the amount
of $5.00.
PASSED.
AYES- 13 NOES- 0.
No. 104
J. Pitts
Cellblock Procedures/Strip Searches
Attached please find the Cell Block Procedures for the Buffalo
Police Department effective 4/1/95.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 105
L. RENFORD
Investigate Death of Alleged Robber
I am concerned as to the article written on the alleged robber's
death featured Friday, April 28, 1995 in the Buffalo Evening News.
The time that elapsed after supposedly ingesting this $50.00 bill, a foot
chase, asthma disclosure, arrest, identification at market... I think in spite
of the crime we should all ask questions as to the circumstances surrounding
the death of this man.
The article's presentation of these events suggest that this was perhaps
a wrongful death and would suggest further investigation as to the
circumstances.
We are all tired of the crimes that have permeated our communities but we
must question the possibility of other criminal acts at may be perpetrated
against the criminal during and after apprehension.
Yes, our first reaction is.... he got what he wanted and paid the
ultimate price for his/her criminal behavior...but the article raised some
serious questions as to what may have really happened.
Please consider exploration of this matter that we the public may have
the total facts. This may have been a totally innocent.
Let us stop...think...and change our attitude towards all human beings.
We all have a right to live and walk the streets...free from the worry of being
attacked..,etc..Crime does not or should not pay for anyone. May we begin to
discipline ourselves.
REFERRED TO THE COMMITTEE ON FINANCE AND THE COMMISSIONER OF POLICE.
No. 106
ROSWELL PARK INST.
Minority Participation-Modernization Program
Enclosed please find information regarding minority participation
statistics and a current project progress overview. If you have any questions
do not hesitate to call our office. Thank you.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 107
Y. SMITH
Offer Purchase-107 Woodlawn
My name is Yvonne Smith and I am a new home owner in the Masten
District. I am writing this letter in reference to a lot adjacent to my
property.
When I purchased my home at 109 Woodlawn Avenue in September 1994, I
submitted a written request to the Division of Real Estate to purchase the
adjoining lot at 107 Woodlawn Avenue under the Homestead Program. In February,
after several months of waiting, I called the Division of Real Estate (
851-5261) and spoke to an individual named Chris. At that time, she told me
that the lot was being held by the city. Chris gave me the number to the
Commissioner of Real Estate's Office. My Husband spoke with a gentleman in
this office and was told that the lot was being held because the city didn't
have enough lots in that particular size (30' x 100').
My original reasons for purchasing the lot were to build a garage for my
vehicle, and to have a safe play area for my children. After living at 109
Woodlawn for 6 months, additional concerns have emerged. The lot at 107
Woodlawn Avenue is used as a thoroughfare between Woodlawn Avenue and Emerson
Street; and my property is being used to access the lot. The lot is also used
for parking by others living on the street. Because of these concerns, I am
more determined than ever to purchase this property.
Councilman Collins, I am asking for your assistance in this matter. I
think obtaining this property is the only way that my family and I will ever
feel truly secure in our new home. The city would also benefit in that it
would no longer have the responsibility of upkeeping the property; and also
promote neighborhood safety and beautification.
If you have any questions, please contact me (716) 886-2673 during
business hours; and at (716) 886-6547 in the evening.
Thank you for your consideration in this matter.
Mr. Pitts moved:
That the communication from Yvonne Smith, dated May 9, 1995, be received
and filed; and
That the City-owned property commonly known as 107 Woodlawn Avenue, is
hereby designated as Homestead Property, and that the Mayor be, and he hereby
is, authorized to execute a deed transferring said property to Yvonne Smith of
109 Woodlawn Avenue, for the amount of $1.00 (One Dollar), and all costs of
transfer, 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.
PASSED.
AYES- 13 NOES- 0.
No. 108
SPORTSERVICE
Concession Agreement with Aud Club
Attached herewith is the executed Concession Agreement between
New York Sportservice, Inc. and the Aud Club, Inc.
Mr. Pitts moved that the Concession Agreement between the Aud Club, Inc.
(the "Landlord") and New York Sportservice Inc (the "Concessionaire") be and
hereby is approved, subject to the following amendment to Sublease Section 13.9
reading as follows:
Notwithstanding any provision in this agreement, the Landlord and the
Concessionaire shall be liable directly to the City of Buffalo for all
obligations undertaken by the Landlord pursuant to the Prime Lease. Such
liability on the part of the Landlord shall not relieve the Concessionaire of
any of its duties or obligations to the Landlord pursuant to this Agreement.
Seconded by Mr. Collins.
PASSED.
AYES- 13 NOES- 0.
No. 109
TCI OF NY
Denial of "System Trade"
In response to the City of Buffalo's Resolution regarding "Reports
is in
of Possible Trade of Buffalo Cable System", which response to an article
written in one of the industry trade magazines, Multi-Channel News, stating
is
that the Buffalo Cable System part of a billion dollar cable swap deal with
Time Warner, I can tell you that this is categorically false, that there is no
such deal in progress.
The cable industry is experiencing a period of consolidations, clustering
and the sale and purchase of cable systems nationwide to prepare for direct
competition with the phone companies. On any given day, cable systems can be
the subject of trades/swaps or sales. The Buffalo System may be on the "would
like to acquire list" of Time Warner and possibly other cable operators,
however, the Buffalo System is not on a list of systems to be traded to Time
Warner.
Should you wish to discuss this matter further, I would be happy to meet
to discuss at your convenience.
REFERRED TO THE SPECIAL COMMITTEE ON CATV.
No. 110
B. TURNER
Offer Property For Police Precinct
I am writing as a project consultant representing Mr. Jose Puente,
a real estate entrepreneur who owns a number of apartment units in the city's
Niagara District. His holdings include such local landmarks as the Mayflower
and Ellicott Buildings.
Members of the Linwood Avenue Association have recently expressed
concerns over the proposed consolidation of police precincts. The increase in
random violence has prompted residents to voice their support for a police
substation. Mr. Puente's real estate investments are encouraging him to
examine ways to fight the spread of crime in the surrounding community. His
goal is to make Buffalo a safer place to live while contributing to its growth.
Mr. Puente is currently in negotiation to purchase a building located on
Barker Street. He is proposing to offer the Buffalo Police Department space to
house a substation in the development. The city would be responsible for a
lease agreement while Mr. Puente would cover the operating expenses including
utilities.
To submit a formal financial proposal to the city for the substation, we
need a financial report of Precinct 6's operating expenses. From this
information, we can draft a competitive analysis to present a potential lease
agreement. Mr. Puente stands to make no profit from this project.
I've communicated our plans to Captain Comerford of the Buffalo Police
Department. I'm hoping to schedule a meeting with Commissioner R. Gil
Kerlikowski to discuss the project in full detail in the near future.
Since negotiations are pending, a timely response from the Police
Department would be helpful. I just wanted to make your office aware of Mr.
Puente's generous offer. Thank you for your time. I look forward to working
with the city on this project.
REFERRED TO THE COMMITTEE ON FINANCE, THE COMMISSIONER OF POLICE AND THE
CORPORATION COUNSEL.
No. 111
J. ZELAKIEWICZ
Oppose-Water Rate Increase
I am writing to protest the proposed water rate increase of 9.5%
effective July 1, 1995. The following is a breakdown of my water bills from
1991 through 1994:
1991- $254.22
1992- $281.94
1993- $322.27
1994- $355.38
As you can see our water charges have gone up $101.16 in a four year
period. My husband, a retired city employee, and myself have lived alone for
the past four years and I don't believe we use any more water now than we did
in 1991.
I'm sure you are aware of the property taxes going up periodically which
I will have to sit down and figure out when I get the next bill. It just seems
we can't keep up anymore with these continuous increases.
I have never written or complained in the past about any other increases,
but this water rate just seemed to be the straw that broke the camel's back.
Your consideration and a reply to this letter will be appreciated.
REFERRED TO THE COMMITTEE ON FINANCE AND THE COMMISSIONER OF PUBLIC WORKS.
PETITIONS
No. 112
Ellicott Lanes Inc., owner. petition to use 325 Manhattan for a pole sign.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD
AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT.
No. 113
Orazio's, owner, petition to use 1735 Hertel Avenue for a Rest. Addition.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD
AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT.
REGULAR COMMITTEES
CIVIL SERVICE
HON. ROSEMARIE LOTEMPIO
CHAIRMAN
No. 114
Salary Ordinance Amendment
50 - Department of Human Resources
5 - Division of Employment and Training
021 - Employment and Training
(Item No. 168, C.C.P., Apr. 18, 1995)
That the Salary Ordinance Amendment as contained in Item No. 168,
C.C.P., April 18, 1995, be and the same hereby is approved.
PASSED.
AYES- 13 NOES- 0.
No. 115
Salary Ordinance Amendment
06 - Department of Administration and Finance
4 - Parking Enforcement
013 - Parking Meters and Enforcement
(Item No. 211, C.C.P., May 2, 1995)
That the Salary Ordinance Amendment as contained in Item No. 211,
C.C.P., May 2, 1995, be and the same hereby is approved.
PASSED.
AYES- 13 NOES- 0.
No. 116
Local 232 - Response to health care coverage
(Item # 90 CCP April 4, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 117
Local 282 Health Coverage
(Item # 60 CCP May 2, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 118
Appointment
Supervising Assessor
That Communication No. 18 May 2, 1995 be received and filed and
the provisional appointment of Phillip Kozerski stated above at the maximum
salary $44,075.00 effective on April 27, 1995 is hereby approved.
PASSED.
AYES- 13 NOES- 0.
No. 119
Appointment
Assistant Filtration Plant Operator
That Communication No. 38 May 2, 1995 be received and filed and
the permanent appointment of Joseph C. Denecke stated above at the intermediate
salary $24,000.00 effective on April 24, 1995 is hereby approved.
PASSED.
AYES- 13 NOES- 0.
No. 120
Appointment
Filtration Plant Operator
That Communication No. 39 May 2, 1995 be received and filed and
the permanent appointment of Louis Marinaccio stated above at the intermediate
salary $27,851.00 effective on April 24, 1995 is hereby approved.
PASSED.
AYES- 13 NOES- 0.
No. 121
Appointment
Filtration Plant Maintenance Supervisor I
That Communication No. 40 May 2, 1995 be received and filed and
the permanent appointment of David Golba stated above at the maximum salary
$29,776.00 effective on April 24, 1995 is hereby approved.
PASSED.
AYES- 13 NOES- 0.
No. 122
Notice of Appointments - Temporary
(Item # 69 CCP May 2, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
FINANCE
HON. DAVID A. COLLINS
CHAIRMAN
No. 123
Purchase of Repeater System (Police)
(Item No. 44, C.C.P., Apr. 4, 1995)
That the Commissioner of Police be, and he hereby is, authorized
to enter into a Grant Award Agreement between the City and the County of Erie,
District Attorney's Office to accept the amount of $4,850 to be provided to the
Buffalo Police Department's Drug Interdiction Team for the purchase of a
"repeater system."
PASSED.
AYES- 13 NOES- 0.
No. 124
Purchase of Repeater System
(Item # 46 CCP May 2, 1995)
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
No. 125
Rhonda Dixon - Negotiate Private Sale
1554 Genesee Street
(Item No. 82, C.C.P., Apr. 4, 1995)
That the Comptroller be, and he hereby is authorized to negotiate
with Ms. Rhonda Dixon, of 290 Bissell Street, for the private sale of 1554
Genesee Street and report to the Common Council the results of such
negotiations.
ADOPTED.
No. 126
Bid - Disposal of Sludge Lagoon Solids
(Item No. 28, C.C.P., May 2, 1995)
That the above item be, and the same hereby is, returned to the
Common Council without recommendation.
Mr. Collins moved:
That the Commissioner of Public Works be, and he hereby is, authorized to
award a contract for Cleaning and Disposal of Sludge Lagoon Solids, Contract
No. 30, to Environmental Products & Services, Inc., the lowest responsible
bidder in the amount of $147,600.00 for the base bid plus approved unit prices
for an additional $14,760.00 for a total encumbrance of $162,360.00, with said
cost to be charged against the Division of Water's Capital Project Account
416-982-016-00-000.
PASSED.
AYES- 13 NOES- 0.
No. 127
Bids - Solid Waste Disposal
(Item No. 30, C.C.P., Apr. 18, 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 recommitted to the Committee on
Finance.
ADOPTED.
No. 128
Background - Solid Waste Bid Extension
(Item # 31 CCP May 2, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
Mr. Collins moved that the above item be recommitted to the Committee on
Finance.
ADOPTED.
No. 129
American Ref. Fuel - Comments on Waste Contract
(Item # 71 CCP May 2, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
Mr. Collins moved that the above item be recommitted to the Committee on
Finance.
ADOPTED.
No. 130
Change Contract - Sludge Discharge Connection
(Item No. 30, C.C.P., May 2, 1995)
That the Commissioner of Public Works be, and he hereby is, authorized
to issue change order #1 to Kandey Company, Inc., changes resulting in a net
increase in the amount of $1,699.42, as more fully described in the above
communication, for work relating to Sludge Discharge Connection to Buffalo
Sewer Authority, Contract No. 25, City Contract No. 91792600. Funds to be
charged to the Division of Water's 416-982-016-00-000 Capital Projects account.
PASSED.
AYES- 13 NOES- 0.
No. 131
Checks Received - $3,485
(Item # 42 CCP April 18, 1995)
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
No. 132
Checks Received - $17,940
(Item # 43 CCP April 18, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 133
Checks Received $24,874
(Item # 44 CCP April 18, 1995)
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
No. 134
Checks received - $49,825
(Item # 45 CCP April 18, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 135
Checks Received - $13,746
(Item # 41 CCP May 2, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 136
Checks Received By Police (A&F)
(Item # 59 CCP May 2, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 137
Report of Assessment Grievances
(Item # 15 CCP May 2, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 138
Cherry-Hickory, Inc. - Compromise
Demolition Cost 346 Genesee Street
(Item No. 106, C.C.P., Mar. 21, 1995)
That the Commissioner of Assessment be, and he hereby is authorized
to accept the sum of $6,685.00 as the assessment charged against the property
located at 346 Genesee Street, Cherry-Hickory, Inc., owner, and the
Commissioner of Assessment continue to attempt to find the owners of 344
Genesee Street and seek payment of any outstanding assessments against them
regarding such property.
PASSED.
AYES- 13 NOES- 0.
No. 139
S. Jackson Abate Water Bill - 64 Wade
(Item 84 CCP April 4, 1995)
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
No. 140
Abate Water Bill - 64 Wade
(Item # 32 CCP May 2, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 141
Bailey-Amherst Business Improvement District
Proposed 1995-96 Budget
(Item No. 72, C.C.P., May 2, 1995)
That this Common Council include the Bailey-Amherst Business Improvement
District in the 1995-96 City Budget.
PASSED.
AYES- BELL, COLLINS, COPPOLA, CZAJKA, FRANCZYK, HELFER, LOCKWOOD, LOTEMPIO,
PERLA, PITTS, WILLIAMS, ZUCHLEWSKI- 12.
NOES- ARTHUR- 1.
No. 142
Report of Audit - Fire P.L. Time
(Item # 21 CCP February 21, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
Mr. Collins moved that the above item be recommitted to the Committee on
Finance.
ADOPTED.
No. 143
Report of Audit Pilot Field
(Item # 20 CCP March 7, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 144
Report of Audit - Pol. Crim. Proc. Fund
(Item # 21 CCP March 7, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 145
Reply to Audit - Pol. Crim. Process Fund
(Item # 85 CCP March 21, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 146
Report of Audit - Marriage Bureau
(Item # 26 CCP March 21, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 147
Request Audit of Parking Ramps
(Item No. 160, C.C.P., Apr. 18, 1995)
That this Common Council requests that the Comptroller's Office
perform an audit of all city-owned parking ramps, and if one has recently been
completed that it be supplied to this Council, so that it can accurately
project revenues for the upcoming budget year.
ADOPTED.
No. 148
Request for Audit - Parking Ramps
(Item # 8 CCP May 2, 1995)
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
No. 149
Reply to Liquor License
(Item # 17 CCP May 2, 1995)
That the above mentioned Item be and the same is hereby referred
to the Mayor.
ADOPTED.
AYES- BELL, COLLINS, COPPOLA, CZAJKA, FRANCZYK, HELFER, LOCKWOOD, LOTEMPIO,
PERLA, PITTS, WILLIAMS, ZUCHLEWSKI- 12.
NOES- ARTHUR- 1.
LEGISLATION
HON. ALFRED T. COPPOLA
CHAIRMAN
No. 150
Pano Georgiavis, Petition to Use 1081-85 Elmwood Avenue - Outdoor Cafe
(Item No. 80, C.C.P., May 2, 1995)
That after a public hearing before the Committee on Legislation
on May 8, 1995, the petition of Pano Georgiavis, owner, for permission to use
1081-85 Elmwood Avenue for an outdoor cafe be, and hereby is approved.
PASSED.
AYES- 13 NOES- 0.
No. 151
Children's Hospital of Buffalo, Rezone 125-145 Hodge Ave
(Item No. 99, C.C.P., Apr. 4, 1995)
That the above item be, and the same hereby is, returned to the
Common Council without recommendation.
Mr. Coppola moved:
Whereas, a petition was filed with the Common Council to change the
zoning classification of 125 to 145 Hodge Street from "R2 " and "R5 " to a "C1"
zoning district; and
Whereas, the petition was referred to the Committee on Legislation which
held a public hearing on the matter on April 11, 1995; and
Whereas, the petition was referred to the City Planning Board which
reviewed the rezoning request on April 11, 1995; and
Whereas, the City Planning Board recommended rezoning to a "C1" subject
to the Special Development plan procedure of the Buffalo Code;
Now, Therefore be it resolved, that the Common Council of the City of
Buffalo does hereby ordain as follows:
That that part of Article XXV of the Buffalo Code, as it relates to the
use map thereof, is hereby amended to show a "C1" Neighborhood Business
District instead of a "R2" and "R5" for the property known as 125-145 Hodge
Street, Buffalo, more particularly described as follows:
A parcel 295 feet wide in the east-west direction parallel to the North
side of Hodge Avenue, with the eastern most boundary approximately 421 feet
from Elmwood Avenue. The parcel is 150 feet deep in the northerly direction,
and is rectangular in shape.
Whereas, under the forestalled Special Development Plan, pursuant to the
first two paragraphs of Subdivision (F) of section 511-126, Article XXV of the
Buffalo Code this special development plan shall be known as "Special
Development Plan, Serial No. 23, " and detailed in a drawing attached hereto
and incorporated herein, the following conditions and limitations are placed
upon the above premises:
1. That Special Development Plan, Serial No. 24 permit only offices and
clinics of physicians and surgeons and that adequate off street parking
facilities shall be provided pursuant to the provisions of the Buffalo Code.
2. That development within the rezoned area be limited the proposed new
clinic as identified on special development plans Serial No. 24 and that any
future development must be reviewed and approved by the Common Council.
3. That the front yard requirement in Special Development Plan, Serial No.
24 shall be as follows:
(a) Front Yard Depth: fifteen percent (15%) of the average lot depth, but
need not exceed twenty-five (25) feet.
4. That landscaped areas be maintained in accordance with Special
Development Plan, Serial No. 24.
5. That Special Development Plan, Serial No. 24 shall take effect on May 16,
1995.
6. No modification of this Special Development Plan shall be permitted
except upon application, as for rezoning, under section 511-125 of Article XXV
of the Buffalo Code with notice and public hearing.
7. Any building or use permit issued for the property involved in Special
Development Plan, Serial No. 24 shall conform to the requirements of the Plan
as approved, in which case the permit shall contain all conditions and
limitations placed thereon by the Common Council. If a building or use permit
is not issued within six (6) months of the Common Council's approval, said
approval shall be void and the zoning classification shall be as it was when
the petition for the plan was filed.
8. As a condition to the issuance on any and all permits by the City of
Buffalo, the petitioner shall be required to comply with all pertinent
ordinances, statutes, rules and regulations.
This rezoning shall be effective providing the following condition is
met:
That this rezoning shall not be effective unless and until a certified
copy thereof has been filed by the petitioner in the offices of the Erie County
Clerk's Office and proof of such filing is submitted to the City Clerk's
Office.
That this Common Council finds this action to be an Unlisted Action under
the S.E.Q.R. Act and adopts petitioner's findings such that no further
environmental review is required under said Act.
It is hereby certified, pursuant to Section 34 of the Charter that the
immediate passage of the foregoing ordinance is necessary.
Approved as to Form
Edward Peace
Corporation Counsel
PASSED.
AYES- 13 NOES- 0.
No. 152
Restaurant/Dancing Class IV License
274 Delaware Avenue
(Item No. 33, C.C.P., May 2, 1995)
That pursuant to Chapter 150 of the Ordinances of the City of
Buffalo, the Director of Licenses and Permits is hereby authorized to issue a
Restaurant/Dancing Class IV License to Anthony Trusso, proprietor of the
Underground, Inc. at 274 Delaware Avenue, be, and the same hereby is approved.
PASSED.
AYES- 13 NOES- 0.
No. 153
Status - Lease Newsstand Delaware/Hertel
(Item # 174 CCP February 21, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 154
Newsstand Delaware/Hertel
(Item # 33 CCP April 18, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 155
Encroachment - 1264 Hertel Avenue
Sidewalk Cafe
(Item No. 36, C.C.P., May 2, 1995)
That the Commissioner of Public Works be, and he hereby is, authorized
to issue a "mere license" to Mr. Louis S. Burgio, owner of Louie's Italian
Imports and Deli, located at 1264 Hertel Avenue, to install a sidewalk cafe
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 sidewalk cafe be installed exactly as shown on plans submitted
to and approved by the Department of Public Works, Division of Buildings.
3. That the sidewalk cafe does not exceed thirty one (3 1) feet in length or
extend more than eight (8) feet from the building face.
4. That no portion of the sidewalk cafe be permanent in nature or
permanently affixed to the main building or public sidewalk.
5. That the sidewalk cafe be completely removed from City right-of-way from
November 15 to April 1 each year.
6. That the applicant be assessed an annual fee of two dollars ($2.00) per
square foot of City right-of-way occupied by the encroachment as described in
Chapter 413, Article IX, Section 59 (Sidewalk Cafes) of the City Ordinances.
7. That the applicant supply the City of Buffalo with a $5,000.00 (five
thousand dollar) construction in street bond or certificate of insurance which
will indemnify and save harmless the City of Buffalo against any and all loss
and damage arising out of the construction, maintenance, use and removal of
said sidewalk cafe.
PASSED.
AYES- 13 NOES- 0.
No. 156
Encroachment 3160 Main Street
Sidewalk Cafe
(Item No. 36, C.C.P., May 2, 1995)
That the Commissioner of Public Works be, and he hereby is, authorized
to issue a "mere license" to Mr. Thomas Ochteirski, owner of Stimulance
Restaurant, located at 3160 Main Street, to install a sidewalk cafe 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 sidewalk cafe be installed exactly as shown on plans submitted
to and approved by the Department of Public Works, Division of Buildings.
3. That the sidewalk cafe does not exceed sixteen (16) feet in length or
extend more than seven (7) feet from the building face.
4. That no portion of the sidewalk cafe be permanent in nature or
permanently affixed to the main building or public sidewalk.
5. That the sidewalk cafe be completely removed from City right-of-way from
November 15 to April 1 each year.
6. That the applicant be assessed an annual fee of $2.00 (two dollars) per
square foot of City right-of-way occupied by the encroachment as described in
Chapter 413, Article IX, Section 59 (Sidewalk Cafes) of the City Ordinances.
7. That the applicant supply the City of Buffalo with a $5,000.00 (five
thousand dollar) construction in street bond or certificate of insurance which
will indemnify and save harmless the City of Buffalo against any and all loss
and damage arising out of the construction, maintenance, use and removal of
said sidewalk cafe.
PASSED.
AYES- 13 NOES- 0.
No. 157
Ordinance Amendment Ch. 511. - Res. Comm. Facility
(Item # 188 CCP January 24, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 158
Ordinance Amendment - Res. Comm. Facilities
(Item # 79 CCP February 7, 1995)
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
No. 159
Opinion - Comm. Res. Fac. - Use Permit Process
(Item # 48 CCP April 4, 1995)
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
No. 160
Draft Ordinance - Spec. Use Permit Requirement
(Item # 47 CCP May 2, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 161
NYS - Reg. Interest. Agency Status - Res. Fac. Ord.
(Item # 80 CCP February 21, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 162
W. Eaton - Favor Exp. of Benedict House
(Item # 82 CCP April 18, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 163
Req. Increase In Adoption Fees
(Item # 56 CCP April 18, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 164
Citywide Garbage Tag I.D. Program
(Item # 179 CCP November 1, 1994)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 165
Garbage I.D. Program (A&F)
(Item # 83 CCP November 15, 1994)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 166
Garbage Tag I.D.
(Item # 38 CCP December 13, 1994)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 167
Exempt Property Listing - Garbage ID
(Item # 26 CCP January 24, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 168
Reply to Liquor License
(Item # 54 CCP May 2, 1995)
That the above mentioned Item be and the same is hereby referred
to the Mayor.
ADOPTED.
AYES- BELL, COLLINS, COPPOLA, CZAJKA, FRANCZYK, HELFER, LOCKWOOD, LOTEMPIO,
PERLA, PITTS, WILLIAMS, ZUCHLEWSKI- 12.
NOES- ARTHUR- 1.
ECONOMIC DEVELOPMENT
HON. CARL A. PERLA JR.
CHAIRMAN
No. 169
LDA Portion of Parcel 13
New Buffalo Industrial Park Hearing
(Item No. 49, C.C.P. 5/2/95)
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. Perla, the item is properly
before the Common Council, and the hearing be opened.
CARRIED.
Appearances - Mary Ann DeMarco-Community Development
Edie Scott
David Sengbush-Community Development
Mr. Pitts now moved that the hearing be closed. Seconded by Mr.
Zuchlewski
CARRIED.
Mr. Pitts moved:
Whereas, the Buffalo Urban Renewal Agency has duly designated Paul
Dedrick & Eden Scott and/or other legal entity to be formed as qualified and
eligible Redeveloper in accordance with rules and procedures duly adopted by
the Agency; and
Whereas, the City Clerk has published a Notice of Public Hearing, as
required by Section 507, Subdivision 2(d) of the "General Municipal Law"; and
Whereas, the proposed Land Disposition Agreement has been duly submitted
to this Common Council by the Buffalo Urban Renewal Agency; and
Now, Therefore, Be It Resolved:
1. That Paul Dedrick and Eden Scott and/or other legal entity to be formed
was duly designated as qualified and eligible Redeveloper by the Buffalo Urban
Renewal Agency, is hereby approved as the Redeveloper for 25 High Street & a
portion of 963-969 Washington in the Oak Street Redevelopment Project NYR-197.
2. That the Mayor, the Chairman or Vice-Chairman of the Buffalo Urban
Renewal Agency is hereby authorized to execute any and all deeds or other
documents necessary to convey land described in the proposed "Land Disposition
Agreement" to Paul Dedrick and Eden Scott and/or other legal entity to be
formed in accordance with the terms of said Agreement and for the consideration
recited therein.
PASSED.
AYES- 13 NOES- 0.
No. 170
Community Development Block Grant Application and
Consolidated Plan
(Item No. 214, C.C.P., Apr. 4, 1995)
That the Common Council direct the City Clerk to advertise for
a Public Hearing conducted by the Economic Development Committee 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
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.
ADOPTED.
No. 171
Draft CDBG Consolidated Plan (Mayor)
(Item #5 CCP April 18, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 172
Consolidation Plan - HUD CDBG Approval
(Item # 2 CCP September 6, 1994)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 173
Connecticut Street - Urban Renewal Plan Amendment
(Item No. 215, C.C.P., Mar. 7, 1995)
(Item No. 180, C.C.P., Apr. 4, .1995)
(Item No. 139, C.C.P. Apr. 18, 1995)
That the Common Council hold a public hearing April 4, 1995, and
amend the Connecticut Urban Renewal Plan as follows:
A. INTRODUCTION:
The Connecticut Street Area was a neighborhood commercial area which once
contained scores of neighborhood businesses. Changes in the surrounding
residential fabric as well as different retail shopping patterns have impacted
the Connecticut Street business district adversely and has resulted in a
preponderance of vacant land or under-utilized property. As the spatial
requirements of strip commercial streets like Connecticut Street continue to
evolve so does the need to develop new housing both as a method of creating new
neighborhood in themselves and as a way to complement existing or proposed
non-residential development. Thinking which led to the development of
districts of similar uses, i.e. districts used exclusively for residential or
commercial purposes no longer dominate redevelopment. This mind set has been
replaced with a more flexible approach to land use planning which seeks to
combine compatible uses to create urban villages which stress the positive
interactions of such uses and the forging of a meaningful urban lifestyle. The
amended plan for the Connecticut Street Urban Renewal District seeks to
establish such a community or urban village.
B. BOUNDARY DESCRIPTION: (SAME)
C. LAND USE PLAN PROVISIONS AND BUILDING REQUIREMENTS: (SEE EXHIBIT 1):
D. PROJECT PROPOSALS: (ADDITION OF EXHIBIT H, DATED 2/17/95, LAND
ACQUISITION MAP)
E. OTHER PROVISIONS NECESSARY TO MEET STATE AND LOCAL REQUIREMENTS: (SAME)
F. PROCEDURES FOR CHANGES IN THE APPROVED URBAN RENEWAL PLAN:
The provisions of this Urban Renewal Plan may be amended at any time, by the
Common Council of the City of Buffalo, provided that a public hearing be held
and that the recommendations from the City Planning Board are filed with the
Common Council.
G. DESIGN STANDARDS AND OTHER REQUIREMENTS: (REPEALED)
EXHIBIT 1
CONNECTICUT STREET URBAN RENEWAL PLAN LAND USE PLAN
Permitted Uses:
Any of the uses which are presently permitted pursuant to Chapter 511 of the
Buffalo Code or which may be established or extended as a matter of right
pursuant to said chapter shall be permitted uses in the Connecticut Street
Urban Renewal
Redevelopment District.
Height Restrictions:
Notwithstanding any other provision of Chapter 511 of the Buffalo Code the
maximum height shall not exceed six stories, not to exceed 66 feet.
Exceptions to height regulations may be granted by the Commissioner of
Community Development upon receipt of a recommendation by the City Planning
Board.
Lot Area and Yard Requirements:
Lot Area yards and courts for dwellings and dwelling portions of buildings
shall be the same as in the R3 Lot Area, yards and courts for dwellings and
dwelling positions of buildings shall be the same as in R3 district except that
the Commissioner of Community Development may allow lots which are not
permitted therein where he feels that a substandard lot, and the dwelling
thereon, would be appropriate for the Connecticut Street Urban Revitalization
District and that said dwelling would conform to the applicable building codes
of the city of Buffalo.
Front yard for commercial or institutional buildings; none, except that where
part of the block frontage is located in an R district, the front yard
requirement of such R district shall apply to the Connecticut street Urban
Revitalization District, but this provision shall not be interpreted to require
a front yard greater than the setback of any building existing in the same
block frontage.
Minimum yard for commercial building adjacent to an R district side lot line;
Where the side or rear of a lot in the Connecticut Urban Revitalization
District adjoins the side lot line of a parcel of land in any R district, no
principal or accessory building shall be erected on such a lot nearer than five
feet to such side lot where within sixty feet of a street lot line. On that
portion of the lot within the Connecticut Street Urban Revitalization District
and within twenty five feet of the R property lot line, no principal or
accessory building shall be erected nearer to the street line than the front
yard depth required in the R district.
Exceptions to area regulations may be granted by the Commission of Community
Development upon receipt of a recommendation by the City Planning Board.
Off Street Parking and Loading:
Off street parking and loading requirements in the Connecticut Street Urban
Revitalization District shall be the same as in Article XIX , Section 511 of
the Buffalo Code except that off street parking required for apartment houses
designed for and occupied by persons sixty years of age or older and/or by
people with handicapping conditions shall be one for every four dwelling units.
Where applicable the screening requirements for off street parking shall be the
same as in Section 511-97 of the Buffalo Code except that screening other than
a solid wood fence or a masonry wall must be approved by the Commissioner of
Community Development upon receipt of a recommendation by the City Planning
Board.
Site Plan Review:
The City Planning Board is hereby authorized to review and approve, approve
with modifications or disapprove site plans for all new construction in the
Connecticut Street Urban Revitalization Area.
A sketch plan conference may be held between the Commissioner of Community
Development, the Planning Division and the developer prior to the submission of
a formal site plan.
The intent of such conference is to advise the developer as to potential
problems and concerns and to generally determine the information to be required
on the site plan. In order to accomplish these objectives, the applicant shall
provide the following:
A statement and sketch plan showing the locations and dimensions of principal
and accessory structures, parking areas, access signs (with descriptions),
existing and proposed vegetation and other planned features: anticipated
changes in the existing topography and natural features: and, when applicable
any changes to existing Structures; and
An area map showing the parcel under consideration for site plan review and all
properties, streets, rights-of-way, easements and other pertinent features
within 200 feet of the boundaries of the parcel.
Application requirements. An application for the Plan approval shall be made
in writing to the Director of Planning and shall be accompanied by information
contained on the following checklist.
The Site Plan Shall show the Following:
Scale and north arrow: one inch equals 20 feet suggested
All property and street pavement lines
Existing and proposed contours
Gross area of development parcel in square feet and total floor area in square
feet.
Off street parking configuration
Proposed ingress and egress to the site, including on-site parking areas.
Delineate traffic flows with traffic arrows.
Designation of required screening between parking and adjacent areas.
Location of existing landscaping that will be retained and proposed landscaping
differentiated and shown on the plan. The street size, number and spacing of
all planting must be illustrated.
Location of all proposed buildings on the site and all buildings within 50 feet
of the site's boundaries.
Location of all proposed lighting standards and signs.
Elevations:
Complete Street elevations of all proposed construction and landscaping
elements containing the following information:
Scale of one inch equals one fourth inch suggested.
All signs to be mounted on structures or free standing.
Designation of kind, color and textures of all materials to be used.
Material Samples.
Evidence of site control.
An estimated project construction schedule.
Part one of a Full Environmental Assessment Form pursuant to S.E.Q.R.
General standards and considerations.
The Planning Board review of the site plan shall include, as appropriate, but
not be limited to the following:
Location, arrangement, size, design and general site compatibility of building,
lighting and signs.
Adequacy and arrangement of vehicular traffic access and circulation, including
intersections, road widths, pavement surfaces, dividers and traffic controls.
Location, arrangement, appearance and sufficiency of off street parking and
loading.
Adequacy and arrangement of Pedestrian traffic access and
circulation,walkways,structures, control of intersections with vehicular
traffic and overall pedestrian convenience.
Adequacy , type and arrangement of trees, shrubs and other landscaping elements
constituting a visual and or noise buffer between the developer and adjoining
land, including the maximum retention of existing vegetation.
Overall impact on the neighborhood, including compatibility of the proposed
design.
Planning Board Decision:
Within 15 days of the receipt of the application for site plan approval the
Planning Board will render a decision.
Approval:
Upon approval of the site plan the Planning Board shall endorse its approval on
a copy of the site plan and shall immediately file it and a written statement
of approval with the Commissioner of Community Development for inclusion in
the Land Disposition Agreement for the proposed development.
Approval with modifications:
The planning Board may conditionally approve the site plan. A copy of the
written statement containing the modifications required by the conditional
approval will be mailed to the developer by certified mail. After adequate
demonstration that all the conditions have been met the Planning Board shall
endorse its approval on a copy of the revised site plan and shall immediately
file it and a written statement of conditional approval with the Commissioner
of Community Development for inclusion inn the land Disposition Agreement for
the proposed development.
Disapproval:
Upon disapproval of the site plan, the decision of the Planning Board shall
immediately be filed with the Commissioner of Community Development for
inclusion in the Land Disposition Agreement for the proposed development.
That in relation to the Connecticut Street Urban Renewal Plan Area, and
redevelopment of properties shall be done pursuant, to a request for Proposal
(RFP) process, and that all RFP's shall be developed by the Buffalo Urban
Renewal Agency (BURA). Also delete 319 Connecticut St. from plan.
PASSED.
AYES- COLLINS COPPOLA, CZAJKA, FRANCZYK, HELFER, LOCKWOOD, LOTEMPIO, PERLA,
WILLIAMS, ZUCHLEWSKI- 10.
NOES- ARTHUR, BELL, PITTS- 3.
No. 174
Connecticut UR Amendment
(Item # 140 CCP April 18, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 175
Connecticut UR Amend.
(Item # 141, CCP April 18, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 176
Clover Management - Req. Developer Designation 18 Lots
(Item # 76 CCP May 2, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 177
Reallocation of HOME Funds
(Item No. 56, C.C.P., May 2, 1995)
That the Common Council approve the Department of Inspections
and Community Revitalization's request to reallocate the 20th Year HOME
Rehabilitation funds from the Ellicott and Masten allocations for homeowner
rehabilitation to a Citywide City Property Rehabilitation Program. The funds
would be reallocated to the Ellicott District in the amount of $200,000; and
the Masten District in the amount of $100,000.
PASSED.
AYES- COLLINS, COPPOLA, CZAJKA, FRANCZYK, HELFER, LOCKWOOD, LOTEMPIO, PERLA,
PITTS, ZUCHLEWSKI- 10.
NOES- ARTHUR, BELL, WILLIAMS- 3.
No. 178
HOME Rehabilitation Loans, 425 Porter Avenue
(Item No. 57, C.C.P., May 2, 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 425 Porter Avenue, in the amount of $280,000.
PASSED.
AYES- 13 NOES- 0.
No. 179
Rental Rehabilitation Loan - Ellicott Towers
(Item No. 58, C.C.P., May 2, 1995)
That the Commissioner of Inspections and Community Revitalization
be, and he hereby is, authorized to release HOME Rental Rehabilitation funds
for property located at Ellicott Mall Tower 4, 233 Eagle Street, Tower 7 and
214 South Division Street. These funds will be loaned at $1,000,000 at 0% for
10 years and $500,000 at 1 % for 20 years.
PASSED.
AYES- 13 NOES- 0.
No. 180
Agreement with BNRC for 5 In Rem Prop.
(Item # 18 CCP April 4, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 181
Use Unspent CDBG Funds - To Close Budget Gap
(Item # 167 CCP February 21, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
RESOLUTIONS
No. 182
By: Mr. Arthur
Hellenic Festival Guide Ropes Along Sidewalks
Be it Resolved:
That the Hellenic Orthodox Church of the Annunciation is authorized to
install temporary guard ropes and warning signs along a 100 foot section of the
sidewalk, surrounding the Church on West Utica Street for the celebration of
the 19th Annual Hellenic Festival. All of the above is subject to any
additional conditions set up by the Corporation Counsel and the Department of
Public Works,
Be It Further Resolved:
That permission has been given to the Hellenic Orthodox Church to install
temporary guard ropes and warning signs from May 10 until May 24, 1995.
PASSED.
AYES- 13 NOES- 0.
No. 183
By: Mr. Collins
Ordinance Amendment
Chapter 72 Ambulances and Ambulance Drivers
The Common Council of the City of Buffalo does hereby ordain as
follows:
That Section 72-9 of Chapter 72 of the Code of the City of Buffalo be
amended to read follows:
72-9. Payment of license fees.
A. The fee for an ambulance license shall be as provided in Chapter 175,
Fees, payable [annually] bi-annually to the Director of Licenses in advance.
Separate licenses shall be required [annually] bi-annually for each ambulance
operated, and they shall not be transferable, except that a license issued for
any vehicle belonging to the same licensee shall be transferred to another
vehicle upon application therefor, duly verified and showing that the vehicle
previously licensed is no longer to be used for the purpose herein
contemplated.
B. The fee for an ambulance driver or attendant, other than a physician or
hospital intern, shall be as provided in Chapter 175, Fees, payable [annually]
bi-annually to the Director of Licenses in advance.
APPROVED AS TO FORM
Edward Peace
Corporation Counsel
NOTE: Matter in brackets [ ] to be deleted; matter underlined is new.
REFERRED TO THE COMMITTEE OF THE WHOLE.
No. 184
By: Mr. Collins
Ordinance Amendment
Chapter 175 (Chanter 72) - Fees
The Common Council of the City of Buffalo does hereby ordain as
follows:
That Chapter 72 of Chapter 175 - Fees, of the Code of the City of
Buffalo, be amended to read as follows:
Chapter 72, Ambulances and Ambulance Drivers
72-9, license fees
Ambulance, [annual] bi-annual [$68.25] $136.50
Ambulance driver or attendant, [annual]
bi-annual [$26.25] $ 52.50
APPROVED AS TO FORM
Edward Peace
Corporation Counsel
NOTE: Matter in brackets [ ] to be deleted; matter underlined is new.
REFERRED TO THE COMMITTEE OF THE WHOLE.
No. 185
By: Mr. Collins
Ordinance Amendment
Chapter 88 - Bakers and Confectioners
The Common Council of the City of Buffalo does hereby ordain as
follows:
That Section 88-6 of Chapter 88 of the Code of the City of Buffalo be
amended to read as follows:
88-6. Duration of license, transferability.
All permits and licenses issued pursuant to this chapter shall expire
every two (2) years; on the 31st day of December [of the year in which they are
issued]. No permit or license shall be transferable.
APPROVED AS TO FORM
Edward Peace
Corporation Counsel
NOTE: Matter in brackets [ ] to be deleted; matter underlined is new.
REFERRED TO THE COMMITTEE OF THE WHOLE.
No. 186
By: Mr. Collins
Ordinance Amendment
Chapter 175 (Chapter 88) - Fees
The Common Council of the City of Buffalo does hereby ordain as
follows:
That Chapter 88 of Chapter 175 - Fees, of the Code of the City of
Buffalo, be amended read as follows:
Chapter 88, Bakers and Confectioners
88-5, licenses
For bakers employing, bi-annual
2 employees or fewer, [$ 31.50] $ 63.00
[per year]
From 3 to 10 employees, [$ 52.50] $105.00
[per year]
From 11 to 25 employees, [$ 78.75] $157.50
[per year]
From 26 to 50 employees, [$157.50] $315.00
[per year]
51 or more employees, [$262.50] $525.00
[per year]
For confectioners employing, bi-annual
2 employees or fewer, [$ 31.50] $63.00
[per year]
From 3 to 10 employees, [$ 52.50] $105.00
[per year]
From 11 to 25 employees, [$ 78.75] $157.50
[per year]
26 or more employees, [$262.50] $525.00
[per year]
APPROVED AS TO FORM
Edward Peace
Corporation Counsel
NOTE: Matter in brackets [ ] to be deleted; matter underlined is new.
REFERRED TO THE COMMITTEE OF THE WHOLE.
No. 187
By: Mr. Collins
Ordinance Amendment
Chapter 94 - Boilers and Engines; Engineers
That the Common Council of the City of Buffalo does hereby ordain
as follows:
That Section 94-22 of Chapter 94 of the Code of the City of Buffalo be
amended to read as follows:
94-22. License fees.
A. A fee as provided in Chapter 175, Fees, shall be collected by the
Director of License and Permits for issuing an original license expiring [one
(1) year] two (2) years from date of issuance, authorized by a qualifying
permit of the Director. A holder of a license under this chapter who later
qualifies for an additional license hereunder shall not be required to again
pay such an original fee. Persons licensed as stationary engineers or
refrigeration operators at the time of the effective date of this chapter shall
be exempt from payment of the original license fee, except those failing to
properly renew the license or who have hereafter suffered a revocation of the
license.
B. [Yearly] Bi-annual renewal fees for licenses shall be as provided in
Chapter 175, Fees Such fees shall be collected for each [annual] biannual
renewal thereof by the Director of Licenses and Permits authorized by a
qualifying permit of the Director and the surrender of the previous year's
engineer's or refrigeration operator's license. The Director shall report to
the Common Council every three (3) months the number and kin of qualifying
permits issued by him.
APPROVED AS TO FORM
Edward Peace
Corporation Counsel
Note: Matter in brackets [ ] to be deleted; matter underlined is new.
REFERRED TO THE COMMITTEE OF THE WHOLE.
No. 188
By: Mr. Collins
Ordinance Amendment
Chapter 175 (Chapter 94) - Fees
The Common Council of the City of Buffalo does hereby ordain
as follows:
That Chapter 94 of Chapter 175 - Fees, of the Code of the City of
Buffalo, be amended to read as follows:
Chapter 94, Boilers and Engines; Engineers
94-22, stationary engineer's and refrigeration operator's licenses and
renewals; examinations for licenses
Original license, bi-annual [$ 63.00] $126.00
[Yearly] Bi-annual renewal of license
Chief engineer or chief [$ 42.00] $84.00
refrigeration operator
First-class engineer or first- [$ 31.50] $63.00
class refrigeration operator
Second-class engineer, [$ 31.50] $63.00
second-class engineer limited
to locomotives and second-
class refrigeration operator
Special engineer [$ 21.00] $42.00
Examination for license $ 26.25
APPROVED AS TO FORM
Edward Peace
Corporation Counsel
NOTE: Matter in brackets [ ] to be deleted; matter underlined is new.
REFERRED TO THE COMMITTEE OF THE WHOLE.
No. 189
By: Mr. Collins
Ordinance Amendment Chapter 103 - Building Construction and Demolition;
Fire Prevention
The Common Council of the City of Buffalo does hereby ordain as
follows:
That Section 103-13 of the Code of the City of Buffalo be amended to read
as follows:
103-13 Demolition permit fees.
A. The fees for demolition permits shall be based upon the estimated cost of
demolition or removal of any building or structure as follows: The fee shall be
as provided in Chapter 175, Fees.
B. The Commissioner shall require an administrative fee for demolitions
performed by or on behalf of the City to benefit a property owner. The fee
shall be based upon the fair market value of the demolition or the amount
charged to the City for such demolition, The fee shall be as provided in
Chapter 175, Fees.
APPROVED AS TO FORM
Edward Peace
Corporation Counsel
NOTE: Matter in brackets [ ] to be deleted; matter underlined is new.
REFERRED TO THE COMMITTEE OF THE WHOLE.
No. 190
By: Mr. Collins
Ordinance Amendment
Chapter 175 - Fees
The Common Council of the City of Buffalo does hereby ordain as
follows:
That Chapter 103-13 of Chapter 175, Fees, of the Code of the City of
Buffalo be amended to read as follows:
103-13, demolition permits
For first $1,000 or fraction thereof $70.00, plus
For each $1,000 or fraction thereof $35.00
of cost exceeding the first $1,000
Administrative fee 15% of the demolition cost
APPROVED AS TO FORM
Edward Peace
Corporation Counsel
NOTE: Matter in brackets [ ] to be deleted; matter underlined is new.
REFERRED TO THE COMMITTEE OF THE WHOLE.
No. 191
By: Mr. Collins
Ordinance Amendment
Chapter 140 - Collection Agencies
The Common Council of the City of Buffalo does hereby ordain as
follows:
That Section 140-7 of Chapter 140 of the Code of the City of Buffalo be
amended to read as follows:
140-7. Renewal of licenses.
Each license issued pursuant to the provisions of this chapter may be
renewed [annually] bi-annually by the Director of Licenses and Permits upon the
payment of a license fee and the filing of the bond required by this chapter.
The Director of Licenses and Permits may, for reasonable cause, decline to
renew any such license.
APPROVED AS TO FORM
Edward Peace
Corporation Counsel
Note: Matter in Brackets [ ] to be deleted; matter underline is new.
REFERRED TO THE COMMITTEE OF THE WHOLE.
No. 192
By: Mr. Collins
Ordinance Amendment
Chapter 175 (Chapter 140) - Fees
The Common Council of the City of Buffalo does hereby ordain as
follows:
That Chapter 140 of Chapter 175 - Fees, of the Code of the City of
Buffalo, be amended to read as follows:
Chapter 140, Collection Agencies
140-6, license, bi-annual [$157.50] $315.00
APPROVED AS TO FORM
Edward Peace
Corporation Counsel
NOTE: Matter in brackets [ ] to be deleted; matter underlined is new.
REFERRED TO THE COMMITTEE OF THE WHOLE.
No. 193
By: Mr. Collins
Ordinance Amendment
Chapter 165 - Electricity
That the Common Council of the City of Buffalo does hereby ordain
as follows:
That Section 165-10 of Chapter 165 of the Code of the City of Buffalo be
amended to read as follows:
165-10. Recommendations of Examining Board; term of license.
Upon determining the qualifications and fitness of any applicant to
receive such license, the Board shall recommend, in writing, to the Director of
Licenses and Permits that, upon payment of the fees as herein provided, a
license be issued to such applicant to engage in such business. Such license
shall be valid and operative until and including the 31st day of December [next
ensuing]. Thereafter, such license shall expire every two (2) years on the
expiration date.
APPROVED AS TO FORM
Edward Peace
Corporation Counsel
Note: Matter in brackets [ ] to be deleted; matter underlined is new.
REFERRED TO THE COMMITTEE OF THE WHOLE.
No. 194
By: Mr. Collins
Ordinance Amendment
Chapter 175 (Chapter 165) - Fees
The Common Council of the City of Buffalo does hereby ordain
as follows:
That Chapter 165 of Chapter 175 - Fees, of the Code of the City of
Buffalo, be to read as follows:
Chapter 165, Electricity
165-12, master electrician's license
Initial deposit $210.00
Bi-annual [M ]minimum fee sum [$105.00] $210.00
to be paid in excess of minimum fee
shall be in proportion to term of license,
computing time from date of
granting the same to the 31st day
of December next ensuing.
Total fee (initial deposit plus [$315.00] $420.00
minimum fee) [for 1 year] bi-annual
Refund upon denial of license $100.00
of initial deposit
Bi-annual [Annual] renewal fee for [$105.00] $210.00
all licenses after the first, issued to
the same person
APPROVED AS TO FORM
Edward Peace
Corporation Counsel
NOTE: Matter in brackets [ ] to be deleted; matter underlined is new.
REFERRED TO THE COMMITTEE OF THE WHOLE.
No. 195
By: Mr. Collins
Ordinance Amendment
Chapter 165 - Electricity
That the Common Council of the City of Buffalo does hereby ordain
as follows:
That Section 165-43 of Chapter 165 of the Code of the City of Buffalo be
amended to read as follows:
165-43. Fees; expiration and renewal of license.
The fee for a journeyman, electrician's license and the fee for each
renewal of said license shall be as provided in Chapter 175, Fees. Each said
license shall expire on the 31st day of December of each year following the
issuance of said license and shall be renewable thereafter [annually]
bi-annually on the 31st day of December [of each succeeding year]. The
Examining Board of Electricians shall charge a fee as provided in Chapter 175,
Fees, for each examination prepared and administered by said Board or shall
direct examination candidates to make payment of a fee, in an amount approved
by said Board, directly to an outside firm duly selected by said Board for the
purpose of preparing and administering said examination on behalf of the Board.
APPROVED AS TO FORM
Edward Peace
Corporation Counsel
Note: Matter in brackets [ ] to be deleted; matter underlined is new.
REFERRED TO THE COMMITTEE OF THE WHOLE.
No. 196
By: Mr. Collins
Ordinance Amendment
Chapter 175 (Chapter 165) - Fees
The Common Council of the City of Buffalo does hereby ordain as
follows:
That Chapter 165 of Chapter 175 - Fees, of the Code of the City of
Buffalo, be amended to read as follows:
Chapter 165, Electricity
165-43, fees
License fee, bi-annual [$63.00] $126.00
License renewal, bi-annual [$42.00] $ 84.00
Exam fee, for each exam prepared $21.00
and administered by Examining Board of Electricians or an amount approved by
said Board payable directly to an outside firm duly selected by said Board for
the purpose of preparing and administering an exam on behalf of the Board
APPROVED AS TO FORM
Edward Peace
Corporation Counsel
NOTE: Matter in brackets [ ] to be deleted; matter underlined is new.
REFERRED TO THE COMMITTEE OF THE WHOLE.
No. 197
By: Mr. Collins
Ordinance Amendment
Chapter 167 - Elevators
The Common Council of the City of Buffalo does hereby ordain as
follows:
That Section 167-8 of Chapter 167 of the Code of the City of Buffalo be
amended to read as follows:
167-8. Issuance and renewal of licenses; fees.
Upon approval of an application by the administrators, the director of
licenses may issue a license which shall be renewable bi-annually [annually].
The fee for such a license, or for any renewal thereafter shall be as set forth
in Chapter 175, Fees.
APPROVED AS TO FORM
Edward Peace
Corporation Counsel
Note: Matter in brackets [ ] to be deleted; matter underline is new.
REFERRED TO THE COMMITTEE OF THE WHOLE.
No. 198
By: Mr. Collins
Ordinance Amendment
Chapter 175 (Chapter 167) - Fees
The Common Council of the City of Buffalo does hereby ordain as
follows:
That Chapter 167-8 of Chapter 175 - Fees, of the Code of the City of
Buffalo, be amended to read as follows:
Chapter 167, Elevators
167-8, elevator installer's and [$200.00] $400.00
inspector's license and renewal, bi-annual
APPROVED AS TO FORM
Edward Peace
Corporation Counsel
NOTE: Matter in brackets [ ] to be deleted, matter underlined is new.
REFERRED TO THE COMMITTEE OF THE WHOLE.
No. 199
By: Mr. Collins
Ordinance Amendment
Chapter 186 - Flammable Liquids
The Common Council of the City of Buffalo does hereby ordain as
follows:
That Section 186-5 of Chapter 186 of the Code of the City of Buffalo be
amended to read as follows:
186-5. Expiration, revocation and fees for license for storage, sale,
handling, use or transport.
A. The [annual] bi-annual license shall expire on December 31 [of each year],
unless sooner revoked by the Director of Licenses for cause after a hearing.
APPROVED AS TO FORM
Edward Peace
Corporation Counsel
Note: Matter in brackets [ ] to be deleted; matter underlined is new.
REFERRED TO THE COMMITTEE OF THE WHOLE.
No. 200
By: Mr. Collins
Ordinance Amendment
Chapter 175 (Chapter 186) - Fees
The Common Council of the City of Buffalo does hereby ordain as
follows:
That Chapter 186 of Chapter 175 - Fees, of the Code of the City of
Buffalo, be amended to read as follows:
Chapter 186, Flammable Liquids
196-5, licenses, bi-annual
Storage, (warehouse) sealed barrels
(bbls.) or drums only
Up to 50 bbls. or drums [$31.50] $63.00
Over 50 bbls. or drums [$63.00] $126.00
Hat cleaning; spotting [$26.25] $52.50
Dry cleaning
Retail outlet only [$ 26.25] $52.50
Combined retail and wholesale or [$ 78.75] $157.50
wholesale plant
Repair garages
Up to 3,000 square feet floor area [$15.75] $31.50
Over 3,000 square feet floor area [$36.75] $73.50
Manufacturer with bulk storage facilities
Up to 1 10 gallons [$15.75] $31.50
111 to 2,000 gallons [$63.00] $126.00
2,001 to 5,000 gallons [$131.25] $262.50
Over 5,000 gallons [$193.75] $367.50
Service stations
Private storage [$15.75] $31.50
Retail distribution, per pump [$15.75] $31.50
Tank vehicles, permit required, each [$15.75] $31.50
vehicle
Bulk dealers
Wholesale
With bulk storage facilities up [$63.00] $126.00
40,000 gallons
With bulk storage facilities [$131.25] $262.50
over 40,000 gallons
Retail, with bulk storage facilities
Up to 110 gallons [$15.75] $31.50
111 to 500 gallons [$31.50] $63.00
501 to 40,000 gallons [$63.00] $126.00
Over 40,000 gallons [$131.25] $262.50
Package dealer
Wholesale, storing:
Up to 110 gallons [$15.75] $31.50
111 to 1,000 gallons [$31.50] $63.00
1,001 to 5,000 gallons [$31.50] $63.00
Over 5,000 gallons [$63.00] $126.00
Retail, storing
Up to 100 [$15.75] $31.50
101 to 500 gallons [$26.25] $52.50
501 to 1,000 gallons [$36.75] $73.50
1,001 to 3,000 gallons [$63.00] $126.00
3,001 and more gallons [$105.00] $210.00
APPROVED AS TO FORM
Edward Peace
Corporation Counsel
NOTE: Matter in brackets [ ] to be deleted; matter underlined is new.
REFERRED TO THE COMMITTEE OF THE WHOLE.
No. 201
By: Mr. Collins
Ordinance Amendment
Chapter 193 - Food and Drugs
The Common Council of the City of Buffalo does hereby ordain as
follows:
That Section 193-25 of Chapter 193 of the Code of the City of Buffalo be
amended to read as follows:
193-25. Expiration.
Each license shall expire every two (2) years on the first day of April
[next after its issuance]. No license shall be issued for a part of a year at
a reduced fee.
APPROVED AS TO FORM
Edward Peace
Corporation Counsel
REFERRED TO THE COMMITTEE OF THE WHOLE.
No. 202
By: Mr. Collins
Ordinance Amendment
Chapter 175 (Chapter 193) - Fees
The Common Council of the City of Buffalo does hereby ordain as
follows:
That Chapter 193 of Chapter 175 - Fees, of the Code of the City of
Buffalo, be amended to read as follows:
Chapter 193, Food and Drugs
193-27, [annual] bi-annual licenses for sale of certain articles
Sale of meat and sausage which is uncooked, whether fresh, frozen, salted
or smoked. (No additional license fee shall be required from the holder of such
a license for the sale of dressed poultry, frozen eviscerated poultry, cold
cuts, cooked, smoked or pickled fish, frozen fish, fresh fish and frozen fish
products.)
Each unit with 3 employees or fewer [$ 68.25] $136.50
Each unit with 4 to 6 employees [$126.00] $252.00
Each unit with 7 or more employees [$157.50] $315.00
Sale of fresh or frozen poultry not eviscerated
Each unit with 3 employees or fewer [$ 52.50] $125.00
Each unit with 4 to 10 employees [$ 94.50] $189.00
Each unit with over 10 employees [$157.50] $315.00
Sale of meat and sausage which has been [$ 31.50] $ 63.00
cooked, and bacon
Sale of fresh and frozen fish (No additional license fee shall be required from
the holder of such a license for the sale of fish which has been fried, smoked,
dried or pickled and of the sale of oysters and clams.)
Sale of fish which has been fried, smoked, [$ 21.00] $ 42.00
dried or pickled, and of oysters or clams
Sale of frozen fish, frozen fish products and [$ 15.75] $ 31.50
frozen eviscerated poultry
APPROVED AS TO FORM
Edward Peace
Corporation Counsel.
NOTE: Matter in brackets [ ] to be deleted; matter underlined is new.
REFERRED TO THE COMMITTEE OF THE WHOLE.
No. 203
By: Mr. Collins
Ordinance Amendment
Chapter 254 - Junk Dealers and Pawnbrokers
That the Common Council of the City of Buffalo does hereby ordain
as follows:
That Section 254-22 of Chapter 254 of the Code of the City of Buffalo be
amended to read as follows:
254-22. Expiration of license.
All licenses granted pursuant to this chapter shall expire every two (2)
years on the first day of July [next following the date of their issue), except
those issued for collecting, buying or selling in or upon the streets by hand
wagon, horse and wagon or motor vehicle, which said licenses shall expire every
two (2) years on March 1 [next following the date of their issue], and also
except those licenses issued to do business in used or secondhand automobiles,
which licenses shall expire every two (2) years on the 31 st day of December
[next following their date of issue], and no such license shall be assigned
without the approval of the Director of Licenses and Permits.
APPROVED AS TO FORM
Edward Peace
Corporation Counsel
Note: Matter in brackets [ ] to be deleted; matter underlined is new.
REFERRED TO THE COMMITTEE OF THE WHOLE.
No. 204
By: Mr. Collins
Ordinance Amendment
Chapter 175 (Chapter 254) - Fees
The Common Council of the City of Buffalo does hereby ordain as
follows:
That Chapter 254-21 of Chapter 175 - Fees, of the Code of the City of
Buffalo, be to read as follows:
Chapter 254, Junk Dealers and Pawnbrokers
Fee
254-21, licenses
For collecting, buying or selling in, $94.50
upon or from the streets with motor
vehicle, per year
Pawnbrokers, [per year] bi-annual [$400.00] $800.00
Retail dealers in any of the materials [$ 63.00] $126.00
heretofore specified and who have a
fixed place for doing business, [per year]
bi-annual
Wholesale dealers or dealers who do [$262.50] $525.00
business in wagonload, truckload or
carload lots, or dealers in used or
secondhand automobiles, or those whose
business is that of wrecking or dismantling
automobiles, or banks and other licensed
under the Banking Law of the State of
New York, or financing agencies as
defined in the Uniform Commercial Code
of the State of New York, or automobile
leasing businesses, [per year] bi-annual
Flea market license. The fee for a flea
market license shall be paid by the owner
or occupant of the premises on which
the flea market is to beheld. The fee for
such a license is hereby fixed on the basis
of the maximum number of vendors to
be permitted by the licensee to participate
in the flea market at any 1 time, as stated
in the license application:
1 to 10 vendors, [per year] bi-annual [$ 78.75] $157.50
11 to 25 vendors, [per year] bi-annual [$105.00] $210.00
More than 25 vendors, [per year] bi-annual [$210.00] $420.00
APPROVED AS TO FORM
Edward Peace
Corporation Counsel
NOTE: Matter in brackets [ ] to be deleted; matter underlined is new.
REFERRED TO THE COMMITTEE OF THE WHOLE.
No. 205
By: Mr. Collins
Ordinance Amendment
Chapter 259 - Laundries and Clothes Cleaners
The Common Council of the City of Buffalo does hereby ordain as
follows:
That Section 259-3 of Chapter 259 of the Code of the City of Buffalo be
amended to read as follows:
259-3. Expiration; transferability.
Each license shall expire every two (2) years on the 31st day of December
following the date of its issuance unless sooner suspended or revoked by the
Director of Licenses and Permits. A license shall not be transferable from
person to person, nor shall a license approved for one location be used in any
other location.
APPROVED AS TO FORM
Edward Peace
Corporation Counsel
Note: Matter underlined is new
REFERRED TO THE COMMITTEE OF THE WHOLE.
No. 206
By: Mr. Collins
Ordinance Amendment
Chapter 259 - Laundries and Clothes Cleaners
The Common Council of the City of Buffalo does hereby ordain as
follows:
That Section 259-1 of Chapter 259 of the Code of the City of Buffalo be
amended to read as follows:
259-12. Issuance; fee; expiration; renewal; posting.
Such certificate shall be issued by the Director of Licenses and Permits
upon the payment by the applicant therefor of the fee as provided in Chapter
175, Fees. No certificate shall be issued by the Director until he has
received the written approval and recommendation of the Director of Fuel
Devices based on an inspection of the establishment. All certificates issued
hereunder shall expire every two (2) years on the 31st day of December [next
following issuance] and shall be renewed [annually] bi-annually and shall be
conspicuously posted and displayed on the inspected premises. Failure to
properly renew a certificate shall result in its termination.
APPROVED AS TO FORM
Edward Peace
Corporation Counsel
Note: Matter in brackets [ ] to be deleted; matter underlined is new.
REFERRED TO THE COMMITTEE OF THE WHOLE.
No. 207
By: Mr. Collins
Ordinance Amendment
Chapter 175 (Chapter 259) - Fees
The Common Council of the City of Buffalo does hereby ordain as
follows:
That Chapter 259 of Chapter 175 - Fees, of the Code of the City of
Buffalo, be amended to read as follows:
Chapter 259, Laundries and Clothes Cleaners
259-4, license, bi-annual [$78.75] $157.50
259-12, certificate of inspection, bi-annual [$36.75] $ 73.50
APPROVED AS TO FORM
Edward Peace
Corporation Counsel
NOTE: Matter in brackets [ ] to be deleted; matter underlined is new.
REFERRED TO THE COMMITTEE OF THE WHOLE.
No. 208
By: Mr. Collins
Ordinance Amendment
Chapter 263 - Licenses
The Common Council of the City of Buffalo does hereby ordain as
follows:
That Section 263-12 of Chapter 263 of the Code of the City of Buffalo be
amended to read as follows:
263-12. Alarm devices or systems.
C. (2) Each registration shall expire every two (2) years on September 1 [on
the next succeeding
September 1 to occur after issuance] and shall be renewable bi-annually
thereafter.
D. Effective August 1, 1993, except for property owned or operated by a
federal, state or local government or agency thereof and except for museums,
any person, firm or corporation owning or operating an alarm system or device
which is directly connected by any electrical or electronic means, other than
by an automatic telephone dialer, with a city police or fire station or other
emergency agency operated by the city shall annually pay a fee as provided in
Chapter 175, Fees. Nothing contained herein shall require the city to maintain
or continue said direct connection and the city may discontinue such connection
at its sole discretion.
Approved As To Form
Edward Peace
Corporation Counsel
Note: Matter in brackets [ ] to be deleted; matter underlined is new.
REFERRED TO THE COMMITTEE OF THE WHOLE.
No. 209
By: Mr. Collins
Ordinance Amendment
Chapter 175 (Chapter 263) - Fees
The Common Council of the City of Buffalo does hereby ordain as
follows:
That Chapter 263 of Chapter 175 - Fees, of the Code of the City of
Buffalo, be amended to read as follows:
Chapter 263, Licenses
263-12, alarm services
Alarm company license fee [$ 100.00] $ 200.00
Alarm user permit fee [$ 5.00] $ 10.00
Alarm system monitoring business, bi-annual [$ 25.00 ] $ 50.00
City alarm connection-police, bi-annual [$1,500.00]$ 3,000.00
City alarm connection-fire, bi-annual [$ 250.00]$ 500.00
Excessive avoidable alarm fines
1 to 3 avoidable alarms within a $ 5.00
twelve-month period
More than 3 avoidable alarms within $40.00
a twelve-month period
Monitored alarm registration, bi-annual [$10.00] $ 20.00
Operations without a permit fee $100.00
APPROVED AS TO FORM
Edward Peace
Corporation Counsel
NOTE: Matter in brackets to be deleted; matter underlined is new.
REFERRED TO THE COMMITTEE OF THE WHOLE.
No. 210
By: Mr. Collins
Ordinance Amendment
Chapter 263 - Licenses
The Common Council of the City of Buffalo does hereby ordain as
follows:
That Section 263-13 of Chapter 263 of the Code of the City of Buffalo be
amended to read as follows:
263-13. Fire extinguishers.
B. Any person employed by any firm, partnership, association or corporation
engaged in commercially servicing fire extinguishers shall be allowed to
operate in the repairing, filling or refilling, servicing, recharging,
installing and testing under the license issued to such firm, partnership,
association or corporation. The license shall be issued by the Director of
Licenses and Permits, upon approval by the Bureau of Fire Prevention. The
license shall expire every two (2) years on the 31st day of December [after
issuance] and may be renewed bi-annually thereafter. The fee for such license
or renewal thereof shall be as provided in Chapter 175, Fees.
APPROVED AS TO FORM
Edward Peace
Corporation Counsel
Note: Matter in brackets[ ] to be deleted; matter underline is new.
REFERRED TO THE COMMITTEE OF THE WHOLE.
No. 211
By: Mr. Collins
Ordinance Amendment
Chapter 289 - Newsstands
The Common Council of the City of Buffalo does hereby ordain as
follows:
That Section 289-3 of Chapter 289 of the Code of the City of Buffalo be
amended to read as follows:
289-3. Permit limitations and restrictions.
J. Each person to whom a permit is granted shall pay to the city the sum as
provided in Chapter 175, Fees. Unless sooner revoked, all permits shall expire
every two (2) years on October 31 [of each year]. The unearned fee on each
permit which is revoked for any reason other than the misconduct of the person
to whom issued shall be returned. No unearned fee for any fractional part of a
month shall be returned.
APPROVED AS TO FORM
Edward Peace
Corporation Counsel
Note: Matter in brackets [ ] to be deleted; matter underline is new
REFERRED TO THE COMMITTEE OF THE WHOLE.
No. 212
By: Mr. Collins
Ordinance Amendment
Chapter 307 - Parking and Parking Lots
The Common Council of the City of Buffalo does hereby ordain as
follows:
That Section 307-21 of Chapter 307 of the Code of the City of Buffalo be
amended to read as follows:
307-21. Fees.
The [annual] bi-annual license fee for the operation of a parking lot
shall be as provided in Chapter 175.
APPROVED AS TO FORM
Edward Peace
Corporation Counsel
Note: Matter in brackets [ ] to be deleted; matter underline is new
REFERRED TO THE COMMITTEE OF THE WHOLE.
No. 213
By: Mr. Collins
Ordinance Amendment
Chapter 175 (Chapter 307) - Fees
The Common Council of the City of Buffalo does hereby ordain
as follows:
That Chapter 307 of Chapter 175 - Fees, of the Code of the City of
Buffalo, be amended to read as follows:
Chapter 307, Parking and Parking Lots
307-21, parking lot operation [annual] bi-annual license
Capacity of 6 to 10 spaces [$100.00] $200.00
Capacity of 11 to 25 spaces [$160.00] $320.00
Capacity of 26 to 50 spaces [$250.00] $500.00
Capacity of 51 to 75 spaces [$330.00] $660.00
Capacity of 76 to 100 spaces [$450.00] $900.00
Capacity of 101 to 150 spaces [$650.00] $1,300.00
Capacity of over 150 spaces [$740.00] $1,450.00
APPROVED AS TO FORM
Edward Peace
Corporation Counsel
NOTE: Matter in brackets[ ] to be deleted; matter underlined is new.
REFERRED TO THE COMMITTEE OF THE WHOLE.
No. 214
By: Mr. Collins
Ordinance Amendment
Chapter 326 - Plumbing
That the Common Council of the City of Buffalo does hereby ordain
as follows:
That Section 326-11 of Chapter 326 of the Code of the City of Buffalo be
amended to read as follows:
326-11. Fees; expiration and renewal of license.
The fee for a journeyman plumber's license and the fee for each renewal
of said license shall be as provided in Chapter 175, Fees. Each said license
shall expire bi-annually on the 31 st day of December [of each year]
following the issuance of said license and shall be renewable thereafter
[annually] bi-annually on the 31 st day of December [of each
succeeding year]. The Examining Board of Plumbers shall charge a fee as
provided in Chapter 175, Fees, for each examination, as provided by this
Article.
APPROVED AS TO FORM
Edward Peace
Corporation Counsel
Note: Matter in brackets to be deleted; matter underlined is new.
REFERRED TO THE COMMITTEE OF THE WHOLE.
No. 215
By: Mr. Collins
Ordinance Amendment
Chapter 175 (Chapter 326) - Fees
The Common Council of the City of Buffalo does hereby ordain as
follows:
That Chapter 326 of Chapter 175 - Fees, of the Code of the City of
Buffalo, be amended to read as follows:
Chapter 326, Plumbing
326-11, journeyman plumber
License, [per annum] bi-annual [$63.001 $126.00
Renewal - [$42.00] $ 84.00
Examination $21.00
APPROVED AS TO FORM
Edward Peace
Corporation Counsel
NOTE: Matter in brackets [ ] to be deleted; matter underlined is new.
REFERRED TO THE COMMITTEE OF THE WHOLE.
No. 216
By: Mr. Collins
Ordinance Amendment
Chapter 387- Signs
That the Common Council of the City of Buffalo does hereby ordain
as follows:
That Section 387-12 of Chapter 387 of the Code of the City of Buffalo be
amended to read as follows:
387-12. Fees; limitation on area; prorating of payment; revocation of license.
A. Each license issued pursuant to the provisions of this chapter shall
expire on the 30th day of June [next after its issuance] bi-annually, and the
license fee for the erection or maintenance of a projecting sign shall be as
provided in Chapter 175, Fees.
B. No projecting sign exceeding forty (40) square feet in area, other than a
projecting illuminated sign, shall be constructed or maintained within the City
of Buffalo, except as specifically authorized by resolution of the Common
Council in accordance with the provisions of this chapter. The "area of a
sign," for the purpose of this section, shall be construed as being one-half
(1/2) of the total exterior surface of the sign, computed in square feet.
C. A license for less than one (1) year may be issued upon payment in each
case a fee bearing the same proportion of the amount of the annual fee for such
license as the period of time intervening between the date of such issuance and
the 30th day of June bears to [one (1) year] two (2) years, provided that no
fee shall be accepted for less than six (6) months. A fraction of a six-month
period shall be counted as six (6) months.
D. A license issued hereunder may be revoked by the Commissioner of
Inspections and Licenses in the manner provided by law.
APPROVED AS TO FORM
Edward Peace
Corporation Counsel
Note: Matter in brackets to be deleted; matter underlined is new.
REFERRED TO THE COMMITTEE OF THE WHOLE.
No. 217
By: Mr. Collins
Ordinance Amendment
Chapter 175 (Chapter 387) - Fees
The Common Council of the City of Buffalo does hereby ordain as
follows:
That Chapter 387 of Chapter 175 - Fees, of the Code of the City of
Buffalo, be amended to read as follows:
Chapter 387, Signs
387-12, licenses, bi-annual
For an illuminated sign having an [$21.00] $42.00
area of less than 30 square feet,
except such signs mentioned in
387-9 for which no license is
required, [per annum]
For an illuminated sign having an [$21.00] $42.00
area of not less than 30 and not more
than 40 square feet, [per annum]
For an illuminated sign having an [$26.25] $52.50
area of more than 40 and not more
than 50 square feet, [per annum]
For an illuminated sign having an [$42.00] $84.00
area of more than 50 and not more
than 75 square feet, [per annum]
For an illuminated sign having an [$26.25] $52.50
area of more than 75 square feet,
[per annum]
And, in addition, for every square [$0.80] $ 1.60
foot in excess of 75 square feet,
[per annum]
For a non-illuminated sign
For a sign having an area of less [$8.00] $16.00
than 20 square feet, except such
signs mentioned in 3897-9 for
which no license is required,
[per annum]
For a sign having an area of not [$15.75] $31.50
less than 20 and not more than 30
square feet, [per annum]
For a sign having an area of more [$21.00] $42.00
30 and not more than 40 square feet,
[per annum]
APPROVED AS TO FORM
Edward Peace
Corporation Counsel
NOTE: Matter in brackets [ ] to be deleted; matter underlined is new.
REFERRED TO THE COMMITTEE OF THE WHOLE.
No. 218
By: Mr. Collins
Ordinance Amendment
Chapter 387- Signs
That the Common Council of the City of Buffalo does hereby ordain
as follows:
That Section 387-14 of Chapter 387 of the Code of the City of Buffalo be
amended to read as follows:
387-14. Erection, repair, alteration or removal businesses.
A. No person, firm or corporation shall engage within the city in the
business of erecting, repairing, altering or removing signs as defined in this
chapter unless a license for such purpose is obtained from the Director of
Licenses and a bond or policy of liability insurance as provided in Subsection
B of this section has been filed with the Comptroller. Said bond or policy
shall be approved as to form by the Corporation Counsel and as to sufficiency
by the Comptroller. Written application for such license shall be made to the
Director of Licenses on forms provided by the Director and shall be signed by
the person, firm or corporation making such application or his or its
authorized agent. Such license shall expire every two (2) years on the 30th
day of June [next after its issuance], and the fee therefor shall be as
provided in Chapter 175, Fees.
APPROVED AS TO FORM
Edward Peace
Corporation Counsel
Note: Matter in brackets [ ] to be deleted; matter underlined is new.
REFERRED TO THE COMMITTEE OF THE WHOLE.
No. 219
By: Mr. Collins
Ordinance Amendment
Chapter 454 - Tow Trucks
The Common Council of the City of Buffalo does hereby ordain as
follows:
That Section 454-7 of Chapter 454 of the Code of the City of Buffalo be
amended to read as follows:
454-7. Renewal of license.
An application for renewal of a license shall be filed and the fee
therefor paid on or before the 15th day of March [of each year] bi-annually.
APPROVED AS TO FORM
Edward Peace
Corporation Counsel
NOTE: Matter in brackets to be deleted; matter underlined is new.
REFERRED TO THE COMMITTEE OF THE WHOLE.
No. 220
By: Mr. Collins
Ordinance Amendment
Chapter 175 (Chapter 454) - Fees
The Common Council of the City of Buffalo does hereby ordain as
follows:
That Chapter 454 of Chapter 175 - Fees, of the Code of the City of
Buffalo, be amended to read as follows:
Chapter 454, Tow Trucks
454-6, [annual] bi-annual license fee [$26.25] $52.50
APPROVED AS TO FORM
Edward Peace
Corporation Counsel
NOTE: Matter in brackets to be deleted; matter underlined is new.
REFERRED TO THE COMMITTEE OF THE WHOLE.
No. 221
By: Mr. Collins
Ordinance Amendment
Chapter 491 - Water and Water Pollution
The Common Council of the City of Buffalo does hereby ordain as
follows:
That Section 491-7 of Chapter 491 of the Code of the City of Buffalo be
amended to read as follows:
491-7. License fees.
B. The [annual] bi-annual renewal fee after the first, issued to the same
person, shall be as provided in Chapter 175, Fees.
APPROVED AS TO FORM
Edward Peace
Corporation Counsel
NOTE: Matter in brackets [ ] to be deleted; matter underlined is new.
REFERRED TO THE COMMITTEE OF THE WHOLE.
No. 222
By: Mr. Collins
Ordinance Amendment
Chapter 175 (Chapter 491) - Fees
The Common Council of the City of Buffalo does hereby ordain as
follows:
That Chapter 491 of Chapter 175 - Fees, of the Code of the City of
Buffalo, be amended to read as follows:
Chapter 491, Water and Water Pollution
491-7, Exam fee $210.00
[Annual] Bi-annual license [$131.25] $262.50
[Annual] Bi-annual renewal [$131.25] $262.50
APPROVED AS TO FORM
Edward Peace
Corporation Counsel
NOTE: Matter in brackets [ ] to be deleted; matter underlined is new.
REFERRED TO THE COMMITTEE OF THE WHOLE.
No. 223
By: Mr. Collins
Ordinance Amendment
Chapter 495 - Wharves, Harbors and Bridges
The Common Council of the City of Buffalo does hereby ordain as
follows:
That Section 495-7 of Chapter 495 of the Code of the City of Buffalo be
amended to read as follows:
495-7. Hours of bridge closure; exception.
The movable highway bridges over portions of the harbor shall not be open
for passage of vessels, other than fire tugs operated by the City of Buffalo,
during the times hereinafter specified, except to prevent imminent danger or
injury to any such bridge; provided, however, that discretionary power is
hereby conferred upon the [Harbormaster] Commissioner of Public Works to order
the opening of any of said lift bridges at any time during an emergency or to
promote public convenience:
Michigan Avenue bridge over the Buffalo River from 7:30 a.m. to 8:30 a.m. and
from 4:45 p.m. to 5:30 p.m.
Ohio Street bridge over the Buffalo River from 7:30 a.m. to 8:30 a.m. and from
4:30 p.m. to 5:15 p.m.
South Michigan Avenue bridge over the city ship canal from 7:00 a.m. to 7:30
a.m. from 8: 00 a. m. to 8:30 a. m. from 3:45 p. m. to 4:30 p. m. and from 5:15
p. m. to 6: 00 P. M.
South Park Avenue bridge over the Buffalo River from 7:00 p.m. to 8:30 a.m. and
from 4:30 p.m. to 6:00 p.m.
Any individual requiring a bridge to be raised during a period outside the
above stated times shall pay a fee as outlined in Chapter 175, Fees.
APPROVED AS TO FORM
Edward Peace
Corporation Counsel
NOTE: Matter in brackets [ ] to be deleted; matter underlined is new.
REFERRED TO THE COMMITTEE OF THE WHOLE.
No. 224
By: Mr. Collins
Ordinance Amendment
Chapter 175 (Chapter 495) - Fees
The Common Council of the City of Buffalo does hereby ordain as
follows:
That Chapter 495 be added to Chapter 175, Fees of the Code of the City of
Buffalo, to read as follows:
Chapter 495, Wharves, Harbors and Bridges
495-7. lifting of bridges, per lift $60.00
APPROVED AS TO FORM
Edward Peace
Corporation Counsel
NOTE: Matter in brackets [ ] to be deleted; matter underlined is new.
REFERRED TO THE COMMITTEE OF THE WHOLE.
No. 225
By: Mr. Collins
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:
Chapter 309, Parks and Other Open Spaces
309-28, use of facilities
DIAMONDS AND FIELDS
city Non City
Resident Resident
Team permit, per season [$50.00] $75.00 [$50.00] $75.00
(grammar schools, high
schools, volleyball leagues
and little leagues excluded)
APPROVED AS TO FORM
Edward Peace
Corporation Counsel
NOTE: Matter in brackets to be deleted; matter underlined is new.
REFERRED TO THE COMMITTEE OF THE WHOLE.
No. 226
By: Mr. Collins
Ordinance Amendment
Chapter-361 of Chapter 175 - Fees
The Common council of the City of Buffalo does hereby ordain as
follows:
That Chapter 361 of Chapter 175 - Fees, of the Code of the City of
Buffalo, be amended to read as follows:
S361-23, duplicate tax and water
bills and receipts [$2.00] $3.00
APPROVED AS TO FORM
Edward Peace
Corporation Counsel
NOTE: Matter in brackets[ ] to be deleted; matter underlined is new.
REFERRED TO THE COMMITTEE OF THE WHOLE.
No. 227
By:Mr. Collins
Ordinance Amendment
Chapter 479 - Traffic Ordinances
That the Common Council of the City of Buffalo does hereby ordain
as follows:
That subsection (7) of Section 33 of Chapter 479 of the Traffic
Ordinances of the City of Buffalo be amended to read as follows:
(7) Coin to be deposited. It shall be unlawful to deposit or cause to be
deposited in any parking meter any slug, device or substitute for a proper coin
of the United States. The rate shall be $.50 per [60] 30 minutes[.] except
that, effective May 1, 1993, the rate shall be $.25 per 30 minutes at the
following meter locations:
STREET NO. OF METERS
Grant St. (Hampshire to W. Delavan) 54
W. Ferry (Hampshire to Herkimer) 45
Bailey (Millicent to Minnesota) 127
Kensington (Freeman to Suffolk) 6
Fillmore (Paderewski to Stanislaus) 72
Broadway (Reed to Playter) 57
Tonawanda (Hunt to Crowley) 70
Elmwood (Allen to Forest) 283
Forest (at Elmwood) 3
Hertel (Fairchild to Starin) 233
Allen (Wadsworth to Main) 108
Wadsworth (at Allen) 4
Strauss (Broadway to Sycamore) 4
Kent (Lombard to Playter) 8
Lombard (Kent to Broadway) 9
Gibson (Broadway to Sienkiewicz) 6
Sienkiewicz (Broadway to Gibson) 8
Wilson (Broadway to Sycamore) 5
Townsend (Broadway to Paderewski) 4
TOTAL 1,106
Each meter shall have legibly printed thereon the amount of money to be
deposited therein.
APPROVED TO FORM
Edward Peace
Corporation Counsel
Note: Matter in brackets[ ] to be deleted; matter underlined is new.
REFERRED TO THE COMMITTEE OF THE WHOLE.
No. 228
By: Mr. Collins
CITY OF BUFFALO
LOCAL LAW NO (1995)
INTRODUCTORY NO. 2 (1995)
A LOCAL LAW amending section four hundred sixty-six of article
twenty-five of the charter of the city of Buffalo, in relation to police and
fire pensions.
BE IT ENACTED BY THE COMMON COUNCIL OF THE CITY OF BUFFALO AS FOLLOWS:
Section 1. That subsections one through nine and subsection fourteen of
section four hundred sixty-six of article twenty-five of the charter of the
city of Buffalo, adopted pursuant to law, be amended to read as follows:
Sec.. 466. Amount of Pension.
Pensions shall be paid in equal monthly installments as follows:
(1) To a member retired pursuant to subdivision one of section four hundred
sixty-three or subdivision one of section four hundred sixty four, a sum equal
to one-half of such member's salary or compensation received at the time of his
retirement, but not less than [eight hundred thirty-five] eight hundred sixty
dollars per month.
(2) To a member retired after this local law takes effect solely by reason of
twenty-five years of service, a sum equal to one-half of such member's salary
or compensation received at the time of his retirement but not less than [eight
hundred thirty-five] eight hundred sixty dollars per month.
(3) To a member retired pursuant to subdivision four of section four hundred
sixty-four, a sum equal to one-half of such member's salary or compensation
received at the time of his retirement but not less than [eight hundred
thirty-five] eight hundred sixty dollars per month.
(4) To a member retired pursuant to subdivision five of section four hundred
sixty-four, a pension shall be granted upon the conditions and at the rate
applicable to said member on the day preceding his receipt of said notice of
discharge or demotion but not less than [eight hundred thirty-five] eight
hundred sixty dollars per month.
(5) To a member retired by reason of having reached the age of seventy years,
a sum equal to one-half of such member's salary or compensation received at the
time of his retirement but not less than [eight hundred thirty-five] eight
hundred sixty dollars per month.
(6) To any member retired on account of injury, disease or disability and who
has completed ten or more years of service, a sum equal to one-half of such
member's salary or compensation received at the time of his retirement but not
less than [eight hundred thirty-five] eight hundred sixty dollars per month.
(7) To the widow of any member heretofore or hereafter killed in the
discharge of his duty in said department, a sum in monthly installments equal
to his salary or compensation for one year at the rate paid him at the time of
his death and after the first year the sum of [six hundred ten] six hundred
thirty-five dollars per month.
(8) To the widow of any member who dies or has heretofore died as a result of
injury received in the discharge of his duty in said department, a sum in
monthly installments equal to his salary or compensation for one year at the
rate paid him at the time of his death and thereafter the sum of [six hundred
ten] six hundred thirty-five dollars per month until her death or remarriage.
(9) To the widow of a member who dies or has heretofore died while in service
or after retirement, a sum of [six hundred ten] six hundred thirty-five dollars
per month during her lifetime or until her remarriage.
(14) In addition to any payments provided in subdivisions one, two, three,
four, five and six of this section, there shall be paid to a member an annual
pension total of the pension amount as prescribed on June thirty nineteen
hundred ninety-[four] five, plus an additional amount of twenty-five dollars
per month.
Section 2. This local law shall take effect July 1, 1995.
APPROVED AS TO FORM
Edward Peace
Corporation Counsel
REFERRED TO THE COMMITTEE OF THE WHOLE.
No. 229
By: Mr. Collins
Transfer of Funds
Dept of Human Resources - Substance Abuse Services
Department of Human Resources - Exempt Items
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
$11,090 be and the same is hereby transferred from the Division of Substance
Abuse Services and said sum is hereby reappropriated as set forth below:
From:
100 General Fund
50 - Department of Human Resources
4- Division of Substance Abuse Services
011 - YDA-DACC Narcotic Control Program
110 - Salaries - Regular $11,090
To:
100 General Fund
50 - Department of Human Resources
4 - Division of Substance Abuse Services
085 - Exempt Items
982 - Office Equipment & Furnishings $11,090
PASSED.
AYES- 13 NOES- 0.
No. 230
By: Mr.Coppola
Ban Use of Imports and Substitutes for CFC's
Whereas: Freon belongs to a class of chemicals called chlorofluorocarbons,
or CFC'S, that contribute to the depletion of the Earth's ozone layer; and
Whereas: Because of that threat, the United States along with more than 140
other countries have banned the production of all CFC's by the end of this
year; and
Whereas: CFC's are still used in refrigerators, home air-conditioning units,
and more than 140 million cars in the US, so the federal government is
encouraging the use of substitutes that do not harm the ozone layer by imposing
a heavy tax on all sales of CFC'S; and
Whereas: The heavy taxation and regulation has increased illegal importation
of foreign substitutes, which are being sold on the black market and have
proven to be more volatile and thus less reliable than those manufactured in
this country; and
Whereas: The sale of cheaper but relatively untested substitute
refrigeration chemicals poses a threat not only to the environment but to
unknowing consumers.
Now Therefore Be It Resolved that
This Common Council requests that the Corporation Counsel draft
legislation making it illegal in the City of Buffalo to use imports and
potentially dangerous substitutes in place of CFC's in refrigerators and car
and home air-conditioning units.
REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CORPORATION COUNSEL.
No. 231
By: Mr. Czajka
Set Public Hearing Walden Heights New Housing Project
Approval of LDA M Peterson Forbes Housing, Co., James Mgmt.,Co. and Marrano
Marc Equity
Whereas, M.J. Peterson/Forbes Housing, Co., James Management,
Co. and Marrano Marc City Corporation and/or other legal entity to be formed
(herein referred to as the "Redeveloper") has been duly designated as qualified
and eligible Redeveloper in accordance with the rules and procedures prescribed
by the' City of Buffalo Urban Renewal Agency (herein referred to as the
"Agency"); and
Whereas, The Agency and the Redeveloper have negotiated a Land
Disposition Agreement for the construction of a thirty-seven market rate single
family homes known as the Walden Heights New Housing Project in the Community
Wide Urban Renewal Demonstration Program Area; and
Whereas, the Redeveloper has requested to amend said LDA to reduce the
purchase price of the property from Thirteen Thousand Dollars per sublot to
Eleven Thousand Dollars per sublot and
Whereas, said Land Disposition Agreement has been forwarded by the Agency
to this Common Council for action, pursuant to Section 507, subdivision 2 (d)
of the General Municipal Law; and
Whereas, Article 15A of the "General Municipal Law" requires that the
disposition of land in an Urban Renewal Project may be approved only after a
public hearing on due notice.
Now, Therefore, Be It Resolved:
1. That the City Clerk is hereby directed to publish the notice attached
hereto and marked "Notice of Hearing" in the Buffalo News, no later than the
19th day of May 1995.
2. That this Common Council will conduct a Public Hearing on the matters
stated in said "Notice of Hearing" at 2:00 o'clock p.m. in the council Chambers
on the 30th day of May 1995.
ADOPTED.
No. 232
By: Mrs. LoTempio
Salary Ordinance Amendment
21 - Department of Fire
The Common Council of the City of Buffalo do ordain as follows:
That Section 1 of Chapter 35 of the Ordinances of the City of Buffalo,
relating to 21-0 Department of Fire, under the various subheadings relating to
positions listed below is hereby amended as follows:
(NOTE: Old salaries are in brackets)
21 - DEPARTMENT OF FIRE
011- FIRE FIGHTING SERVICES
4 DIVISION FIRE CHIEF (59,822) 60,906
17 BATTALION CHIEF (54,366) 55,349
39 FIRE CAPTAIN (49,767 50,763
116 FIRE LIEUTENANT (47,452) 48,310
619 FIREFIGHTER (30,314-40,982) 30,860-41,723
012 - FIRE PREVENTION & INVESTIGATION
1 BATTALION CHIEF (54,366) 55,349
1 FIRE CAPTAIN (49,767) 50,763
9 FIRE LIEUTENANT (47,453) 48,310
021 - ADMINISTRATIVE SERVICES
1 CHIEF FIRE ADMINISTRATOR (49,767) 50,763
022 - FIRE DEFENSE & TRAINING SERVICES
1 BATTALION CHIEF (54,366) 55,349
1 FIRE CAPTAIN (49,767) 50,763
3 FIRE LIEUTENANT (47,453) 48,310
023 - FIRE ALARM TELEGRAPH SYSTEM
1 SPRINTEND FIRE ALARM SYSTEM (54,366) 55,349
1 CHIEF OF COMMUNICATIONS (54,366) 55,349
1 ASSIST SUPERINT FIRE ALARM SYSTEM (49,767) 50,763
4 FIRE ALARM DISPATCHER (48,739) 49,714
12 ASST FIRE ALARM DISPATCHER (44,798) 45,693
1 ASST FIRE ALARM DISPATCHER
(ROBERT HEISLER, ONLY) (44,798) 45,693
This ordinance shall be effective June 1, 1995.
We, Cornelius J. Keane, Commissioner of Fire and James B. Milroy,
Director of Budget recommend that the compensation for said positions be raised
and fixed at the respective amounts set forth in the foregoing ordinance.
We, Anthony M. Masiello, Mayor and Joel A. Giambra, Comptroller, pursuant
to Section 454 of the Charter of the City of Buffalo, hereby certify that
considering the determination of the public arbitration panel and contingent
upon prior or concurrent action to provide and authorize funding thereof, the
interests of the City will be subserved by the increase in compensation
provided for the positions set forth in the foregoing ordinance.
APPROVED AS TO FORM
Edward Peace
Corporation Counsel
REFERRED TO THE COMMITTEE OF THE WHOLE.
No. 233
By: Mrs. LoTempio
Ordinance Amendment
Section 9 of Chapter 35
Salary and Wage Schedule "D" 1995-96
The Common Council of the City of Buffalo does hereby ordain as
follows:
That part of Subdivision (a) of Section 9 of Chapter 35 of the ordinances
of the City of Buffalo relating to Salary and Wage Schedule "D", Local 282,
I.A.F.F., AFL-CIO, is hereby amended to read as follows:
(See attached Schedule "D")
and
That the attached Schedule "D" shall be effective June 1, 1995.
APPROVED AS TO FORM
Edward Peace
Corporation Counsel
REFERRED TO THE COMMITTEE OF THE WHOLE.
SALARY & WAGE SCHEDULE "D"
EFFECTIVE JUNE 1, 1996
GRADE
STEP 1 STEP 2 STEP 3 STEP 4 STEP 5
2 30,860 33,572 36,289 39,003 41,723
4 45,693
5 48,310
6 49,714
7 50,763
8 55,349
9 60,906
The above Schedule "D" shall become effective on June 1, 1995.
These schedules are applicable to uniformed members of the Buffalo Fire
Department - Local 282, I.A.F.F., AFL-CIO, Buffalo Professional Firefighters
Association, Inc.
No. 234
By: Mr. Perla
38 th Annual Allentown Outdoor Art Festival
Whereas: The Allentown Village Society, Inc.(AVS) has requested
permission to conduct its 38 th Annual Allentown Outdoor Art Festival on
the weekend of June 10th and 11 th, and
Whereas: The Common Council is empowered pursuant to S413-36 of the code of
the City of Buffalo to impose reasonable conditions over the event area for the
purpose of facilitating control over the event area by the sponsor and public
officials for the health, welfare and safety of the public and persons and
property in the event area.
Now, Therefore, Be It Resolved:
That subject to the following conditions, the AVS be and it hereby is
granted permission to conduct its 38 th Annual Allentown Outdoor Art Festival
on the weekend of June 10th and 11th, 1995 between the hours of 11:00 and 6:00
p.m on those days; within the event area bounded by Summer Street on the north,
Elmwood Avenue (east Side) on the west Tracy Street ( extended easterly ) on
the south and Main Street (west side) on the east;
1. Delaware Avenue between North Street and Tupper Street Franklin Street
between Allen Street and Virginia Street and Allen Street from Elmwood Avenue
to North Pearl will be closed to vehicular traffic from 8:00 am until 7:30 p.m
on the dates of the event to facilitate set up and take down by event
participants, and the Buffalo Police Department may place barriers for this
purpose during those hours.
2. No parking is to be allowed on said streets, for participants, exhibitors
or otherwise, during the hours of 8:00 am. to 7:00 p.m on the event days. The
Buffalo Police Department and the Department of Public Works are hereby
directed to enforce this temporary ban on said streets and on such other
streets within the immediate area as the Police Department may deem necessary
for the safety of the public.
3. Participants within the events area, whether on the public streets or
out-of-doors on adjacent private property, will be limited as follows:
(a) Art or craft exhibitors, may be located within the event area on the
following streets only Delaware Avenue between North Street and Tupper Street (
east and west sides ), Franklin Street between Allen Street and Virginia Street
( east and west sides ), Allen Street from Elmwood Avenue to Franklin Street (
north and south sides), Virginia Street between Delaware Avenue and Franklin
Street ( north and south sides).
Only art and craft exhibitors selected through the AVS application and
selection process shall be permitted. The AVS will select no more then 465 art
and craft exhibitors, excluding therefrom the exhibition or sale of so called
"pseudo" art and exhibits of a strictly commercial nature.
(b) Concessionaires and vendors within the event area shall be located on the
following streets only: Delaware Avenue in the block between North and Allen
Streets, the block between Allen and Virginia Streets and in the vicinity of
Edward Street between Virginia and Allen Streets, and Allen
Street in the vicinity of Franklin Street on Allen Street between Park
Street and Elmwood Avenue. Such participant concessionaires shall be
responsible concessionaires to be selected by the AVS. The AVS may select and
designate a single vendor employing a reasonable number of persons to vend
balloons in the event area. The AVS may also select and designate a single
vendor to produce and sell Art Festival T-shirts, sweatshirts or similar
merchandise within the deemed concession areas. All participant
concessionaires and vendors are required to comply with all otherwise
applicable licensing and health requirements.
Notwithstanding the foregoing, nothing herein is intended to limit the
usual and customary operations of "Sidewalk cafes" as defined in
413-59 of the Buffalo Code.
4. Radio md Television broadcasts from remote broadcast units located
outside of a building normally occupied by a radio or television station may be
permitted within the event area by the event sponsor. No such remote
broadcasts or telecasts shall be permitted on the public streets or
out-of-doors on adjacent private property without the permission of the event
sponsor. In no case shall any radio or television station employ blaring
loudspeakers or conduct giveaways, sale of merchandise, contests, displays or
other promotional activities beyond what is broadcast or telecast over their
airwaves in the public streets or out-of-doors on adjacent private property
during the hours of the event.
5. Unauthorized participants. The AVS shall provide all participants with
suitable identification showing each as an authorized participant in the event
Except as herein above provided, there shall be no other participants within
the event area during the event whether on public streets or out-of-doors on
adjacent private property, including exhibitors, concessionaires, vendors,
performers, promotional activities, fund raising activities, displays or goods
or otherwise. Street performers, buskers or similar performers or performances
shall not be permitted within the event area. All temporary inflatable devices
used to advertise or direct attention to a business, service, product or
activity shall also be excluded from the event area.
6. The Department of Public Works ( Director of Licenses ) and the Police
Department are hereby directed to enforce removal of all unauthorized
participants.
7. The AVS shall be solely responsible for the removal of barriers,
decorations, barricades, stands, and equipment and all trash and debris in the
area including the event area resulting from the event
8. The AVS shall in advance of the event provide a liability insurance
policy in the amount of $2 million dollars per occurrence, the City of Buffalo
as an additional insured.
9. The property of Ascension Church at 16 Linwood Avenue and Westminster
Church at 724 Delaware Avenue shall not be subject to the foregoing provisions,
provided however, that neither shall conduct or sponsor any out-of-door
activities during Art Festival event hours without prior approval of the Common
Council. The above-mentioned shall not conduct or sponsor any outdoor
amusement rides or art and craft show and provision (4) of this resolution
governing radio and television broadcasts shall also be applicable on those
properties.
PASSED.
AYES- 13 NOES- 0.
No. 235
By: Mr. Pitts
City of Buffalo
Local Law No. (1995)
Introductory No. 3 (1995)
A LOCAL LAW amending the Charter of the City of Buffalo in relation
to the dissolution of the mayor's advocacy office for person's with
disabilities, and repealing certain sections thereof
BE IT ENACTED BY THE COMMON COUNCIL OF THE CITY OF BUFFALO AS FOLLOWS:
Section 1. That the Charter of the City of Buffalo, adopted pursuant to
law, is hereby amended to read as follows:
(a) By repealing that portion of article six, reading:
Mayor's Advocacy Office for Persons with Disabilities; Duties and Powers
(b) By repealing that portion of article six which includes sections ninety,
ninety-one and ninety-two.
Section 2. This local law shall take effect immediately.
APPROVED AS TO FORM
Edward Peace
Corporation Counsel
RECEIVED AND FILED.
No. 236
By: Mr. Pitts
City of Buffalo
Local Law No. (1995)
Introductory No. 4 (1995)
A LOCAL LAW amending Article 10 of the Charter of the City of
Buffalo in relation to removing some of the duties and powers of the director
of buildings.
BE IT ENACTED BY THE COMMON COUNCIL OF THE CITY OF BUFFALO AS FOLLOWS:
Section 1. That Article 10 of the Charter of the City of Buffalo, adopted
pursuant to law, is hereby amended to read as follows:
(a) By repealing that portion of section one eighty-five of article ten,
reading:
In addition, he shall supervise the director of licenses who shall have
charge of issuing, transferring, renewing, revoking, suspending and canceling
all licenses and the collection of fees in connection therewith and
coordination of necessary inspections.
Section 2. This local law shall take effect immediately.
APPROVED AS TO FORM
Edward Peace
Corporation Counsel
REFERRED TO THE COMMITTEE OF THE WHOLE.
No. 237
By: Mr. Pitts
City of Buffalo
Local Law No. (1995)
Introductory No. 5 (1995)
A LOCAL LAW amending the Charter of the City of Buffalo in relation
to the elimination of the department of parks.
BE IT ENACTED BY THE COMMON COUNCIL OF THE CITY OF BUFFALO AS FOLLOWS:
Section 1. That the Charter of the City of Buffalo, adopted pursuant to
law, is hereby amended to read as follows:
(a) By repealing that portion of section seventy of article five, reading:
Department of parks.
(b) By repealing article eleven captioned "DEPARTMENT OF PARKS", which
includes sections two hundred, two hundred one, two hundred two, two hundred
three, two hundred four, two hundred five, two hundred six, two hundred nine,
and two hundred ten.
Section 2. This local law shall take effect immediately.
APPROVED AS TO FORM
Edward Peace
Corporation Counsel
REFERRED TO THE COMMITTEE OF THE WHOLE.
No. 238
By: Mr. Pitts
City of Buffalo
Local Law No. (1995)
Introductory No.6 (1995)
A LOCAL LAW amending Article 6 of the Charter of the City of Buffalo
in relation to the creation of a division for employment and training.
BE IT ENACTED BY THE COMMON COUNCIL OF THE CITY OF BUFFALO AS FOLLOWS:
Section 1. That Article 6 of the Charter of the City of Buffalo, adopted
pursuant to law, is hereby amended to read as follows:
(a) By adding to section eighty-one of article six, the following:
(n) Division of employment and training.
(b) By adding to article six, the following:
DIVISION FOR EMPLOYMENT AND TRAINING
Sec. 109-aa. Director of Employment and Training.
The head of the division of employment and training shall be the director
of employment and training.
Sec.. 109-bb. Employment and Training Council,
There is hereby created in this division a council to be designated as
the employment and training council.
Sec.. 109-cc. Duties and Powers of the Council.
The council shall prepare and recommend programs to the mayor, the common
council, the commissioner of human services, parks and recreation, and the
director of employment and training, to:
(a) Provide for the development and creation of job opportunities within Erie
and Niagara counties and the training, education and other services needed to
enable individuals to secure and retain employment at their maximum capacity;
(b) Provide unemployed and underemployed persons with transitional employment
in jobs providing needed public services because of substantial unemployment
and, wherever feasible, related employment and training services to enable such
persons to move into employment or training within Erie and Niagara counties-,
(c) Provide additional employment services for youth, rehabilitated
offenders, persons of limited English speaking ability, older workers and other
persons residing in the city of Buffalo who have particular disadvantages in
the labor market in Erie and Niagara counties.
The council shall do all acts or things necessary to effectuate the above
purposes, and shall adopt such rules and regulations as it deems appropriate.
Sec. 109-dd. Membership of the Council.
The council shall consist of not less than five members, and shall be
appointed by the mayor for a period of four years. However, the members of the
council discharging duties within the powers of the present bodies shall serve
until their terms expire and shall be eligible for reappointment. Any
appointment made to fill a vacancy caused by the death, resignation or removal
of a member shall be made for the balance of the member's term. The mayor shall
designate the chairman of the council from among its members and may from time
to time change such designation. A member may be removed by the mayor for
reasons stated in writing, after an opportunity to be heard. The mayor may
from time to time increase the membership of the council from five to a maximum
of twenty-eight members, at least four of whom shall be members of the common
council. The members shall serve without compensation. A majority of the
members shall be residents of the city. Any members who are not residents of
the city shall reside either in Erie county or in Niagara county.
A member shall be deemed to have resigned his office for failure to
attend three regularly scheduled meetings, unless he has filed with the
chairman written reasons for his absence approved by a majority of the
membership.
Meetings shall be held upon the call of the director, the chairman, or as
specified in a written declaration by a majority of the members of the council.
Section 2. This local law shall take effect immediately.
APPROVED AS TO FORM
Edward Peace
Corporation Counsel
REFERRED TO THE COMMITTEE OF THE WHOLE.
No. 239
By: Mr. Pitts
City of Buffalo
Local Law No. (1995)
Introductory No. 7 (1995)
A LOCAL LAW amending the Charter of the City of Buffalo in relation
to the creation of a department of neighborhoods, housing and inspections, and
repealing certain other sections.
BE IT ENACTED BY THE COMMON COUNCIL OF THE CITY OF BUFFALO AS FOLLOWS:
Section 1. That the Charter of the City of Buffalo, adopted pursuant to
law, is hereby amended to read as follows:
(a) By repealing that portion of section seventy of article five, reading:
Department of inspections and licenses.
(b) By adding to section seventy of article five, the following:
Department of neighborhoods, housing and inspections.
(c) By amending article eight-A to read:
ARTICLE 8-A
DEPARTMENT OF NEIGHBORHOODS, HOUSING AND INSPECTIONS [AND COMMUNITY
REVITALIZATION]
Sec.
140. Commissioner of Neighborhoods, Housing And Inspections [and Community
Revitalization.]
141. Appointment; Removal.
142. Qualifications of Commissioner.
143. Duties and Powers of Commissioner.
144. Divisions.
145. Director of Housing and [Property] Inspections; Qualifications, Duties
and Powers.
146. Functions.
147. Director of Neighborhoods [Community Revitalization];Qualifications,
Duties and Powers.
148. Functions.
Sec. 140. Commissioner of Neighborhoods, Housing and Inspections [and
Community Revitalization.]
The commissioner of neighborhoods housing and inspections [and community
revitalization] shall be
the head of the department of neighborhoods, housing and inspections [and
community revitalization]
Sec.. 141. Appointment; Removal.
The commissioner shall be appointed by the mayor, subject to confirmation by
the council, and shall be removable at the pleasure of the mayor,
Sec.. 142. Qualifications of Commissioner.
The commissioner of neighborhoods, housing and inspections [and community
revitalization] shall be a person who is experienced in the areas of housing
and building construction and rehabilitation, code enforcement, rehabilitation
assistance and neighborhood development activities, including at lease six
years in the practice of his or her profession.
Preferably, he or she shall be a person who has a baccalaureate degree
from an accredited college or university, preferably in architecture,
engineering, public administration, or a related professional field.
Sec. 143. Duties and Powers of Commissioner.
The commissioner shall enforce the provisions of all laws, ordinances,
rules and regulations as may govern the construction, alteration, repair,
maintenance, use, occupancy, safety sanitary conditions, mechanical equipment
and inspection of buildings or structures, and shall have charge of the removal
of buildings and other structures. The commissioner may direct or cause to be
torn down- blown up or otherwise destroy any building or buildings which he
deems hazardous and likely to convey fire to other buildings. He shall have
charge of all publicly supported neighborhood residential rehabilitation and
construction. He shall oversee all neighborhood revitalization activities and
administer programs to assist neighborhood revitalization. He shall prepare
and file with the Common Council a detailed and comprehensive plan for the
revitalization of city neighborhoods, to include provision for code
enforcement, grant programs, new housing strategies and personnel deployment,
and shall file an update of such plan annually by the first day of December.
He shall also perform all of the duties conferred upon the several divisions of
the department, and shall administer and coordinate their various functions.
Sec. 144. Divisions.
There shall be in the department the following divisions:
(a) Division of housing and [property] inspections.
(b) Division of neighborhoods [community revitalization.]
DIVISION OF HOUSING AND [PROPERTY] INSPECTIONS
Sec. 145. Director of Housing and [Property] Inspections; Qualifications,
Duties and Power
The head of the division of housing and [property] inspections shall be
the director of housing and [property] inspections who shall also be a deputy
of the commissioner of neighborhoods, housing and inspections [and community
revitalization]. He shall supervise, manage and be responsible for the affairs
of the division of housing [and property] inspections[.]. including- all
matters related to licenses and
The director of the division of housing and [property] inspections shall
be a person of demonstrated experience in the areas of housing and building
constriction and rehabilitation, with at least three years of experience in the
administration of housing and property code inspection and enforcement
activities; or has qualifications reasonably equivalent which are acceptable to
the commissioner. Said director shall be appointed by and removed at the
pleasure of the commissioner.
The director of housing and property inspections shall have charge of
inspections of buildings, houses and other structures. He shall be responsible
for multiple dwelling inspections license inspections, bingo inspections,
building permit
inspections and housing and property code enforcement programs. He shall have
charge of plumbing,
electrical and combustion inspections within the division, and shall appoint,
and may at pleasure remove, plumbing inspectors as provided in section
forty-eight of the general city law. He shall also have charge of all
demolition work. He shall perform such other related duties as may be assigned
by the commissioner of neighborhoods housing and inspections [and
community revitalization], In addition the director shall have charge of
issuing, transferring,
renewing, revoking, suspending, and canceling all licenses and the collection
of fees
in connection therewith and coordination of necessary. He shall also, under
the supervision of the commissioner have charge of the granting, transferring,
renewing, revoking, suspending and canceling all permits and the collection
fees
authorized in connection therewith and have charge of all building inspections
within the division. The director shall supervise and exercise power over the
approval of all plans specifications for the construction or remodeling of
all buildings and structures in the City.
Sec. 146. Functions.
The housing and inspections division shall have the following functions:
Multiple dwelling inspections, north inspections, south inspections and housing
court representation and coordination.
DIVISION OF [COMMUNITY REVITALIZATION] NEIGHBORHOODS
Sec. 147. Director of Neighborhoods [Community Revitalization];
Qualifications, Duties and Powers.
The head of the division of neighborhoods [community revitalization] shall
be the director of neighborhoods [community revitalization], who shall also be
a deputy of the commissioner of Neighborhoods and Housing[ inspections and
community revitalization]. He shall supervise, manage and be responsible for
the affairs of the division of neighborhoods [community revitalization].
The director of neighborhoods [community revitalization] shall be a person
who holds a degree from an accredited college or university and has had at
least three years of experience in the conduct of housing rehabilitation,
neighborhood development or related activities; or has qualifications
reasonably equivalent which are acceptable to the commissioner. Said director
shall be appointed by and removed at the pleasure of the commissioner.
The director of neighborhoods (community revitalization] shall be
responsible for development and implementation of neighborhood revitalization
programs, including the administration of rehabilitation assistance programs.
He shall initiate and supervise the creation of special programs or projects
designed to attract construction or rehabilitation of housing facilities by
private developers in the residential neighborhoods.
He shall also exercise such other powers and perform such other related
duties as may be assigned by the commissioner of neighborhoods housing and
inspections [and community revitalization].
Sec. 148. Functions.
The division of neighborhoods [community revitalization] shall have the
following functions:
Neighborhood residential development, community based organizations monitoring
and liaison, financial, residential construction inspections services,
rehabilitation construction analysis and rehabilitation loans and grants.
Section 2. This local law shall take effect immediately.
APPROVED AS TO FORM
Edward Peace
Corporation Counsel
NOTE: Matter in brackets to be deleted; matter underlined is new.
REFERRED TO THE COMMITTEE OF THE WHOLE.
No. 240
By: Mr. Pitts
City of Buffalo
Local Law No. (1995)
Introductory No. 8 (1995)
A LOCAL LAW amending the Charter of the City of Buffalo in relation
to the creation of a department of human services, parks and recreation, and
repealing certain other portions thereof
BE IT ENACTED BY THE COMMON COUNCIL OF THE CITY OF BUFFALO AS FOLLOWS:
Section 1. That the Charter of the City of Buffalo, adopted pursuant to
law, is hereby amended to read as follows:
(a) By repealing that portion of section seventy of article five, reading:
Department of human resources.
(b) By repealing article 14-A captioned "DEPARTMENT OF HUMAN RESOURCES",
which includes sections two hundred eighty-five point one, two hundred eighty
five point two, two hundred eighty-five point three, two hundred eighty-five
point four, two hundred eighty-five point five, two hundred eighty-five point
six, two hundred eighty-five point seven, two hundred eighty-five point eight,
two hundred eighty-five point nine, two hundred eighty-five point ten, two
hundred eighty-five point eleven point a, two hundred eighty-five point eleven
point b, two hundred eighty-five point twelve a, two hundred eighty-five point
twelve b, two hundred eighty-five point twelve c, two hundred eighty-five point
twelve d, two hundred eighty-five point thirteen, two hundred eighty-five point
fourteen, two hundred eighty-five point fifteen, two hundred eighty-five point
sixteen, two hundred eighty-five point seventeen, two hundred eighty-five point
eighteen, two hundred eighty-five point nineteen, two hundred eighty-five point
twenty, two hundred eighty-five point twenty-one, two hundred eighty-five point
twenty-two, two hundred eighty-five point twenty-three, two hundred eighty-five
point twenty-four, two hundred eighty-five point twenty-five, two hundred
eighty-five point twenty-six, two hundred eighty-five point twenty-seven, two
hundred eighty-five point twenty-eight, two hundred eighty-five point
twenty-nine, and two hundred eighty-five point thirty.
(c) By adding to section seventy of article five, the following:
Department of human services, parks and recreation.
(d) By adding thereto a new article fourteen-A to read:
ARTICLE 14-A
DEPARTMENT OF HUMAN SERVICES, PARKS AND RECREATION
Sec. 285.1. Commissioner of Human Services, Parks and Recreation.
285.2. Appointment; Removal.
285.3. Qualifications of the Commissioner.
285.4. Duties and Powers of the Commissioner.
285.5. Senior Deputy Commissioner; Duties and Powers.
285.6. Directors; Duties and Powers.
295.7. Divisions.
295.8. Director for Senior Services.
285.9. Committee for Senior Services.
285.10. Duties and Powers of the Committee.
285.11. Director of Substance Abuse Services.
285.12. Duties and Powers of the Director.
285.12-a. Committee of Substance Abuse Services.
285.12-b. Duties and Powers of the Committee.
285.13. Director for Youth.
285.14. Buffalo Youth Bureau.
285.15. Committee for Youth.
285.16. Duties and Powers of the Committee.
285.17. Director of Parks.
285.18. Duties and Powers of the Director.
285.19. Parks and Parks Approaches Defined.
285.20. Director of Recreation,
285.21. Duties and Powers of the Director.
285.22. Commission on Human Relations.
285.23. Functions of the Commission.
285.24. Duties and Powers of the Commission.
285.25. Membership of Committees or Commissions.
285.26. Expenditures.
285.27. Equal Employment Opportunity Coordinator.
Sec.285-1. Commissioner of Human Services, Parks and Recreation.
The commissioner of human services, parks and recreation shall be the
head of the department of human services, parks and recreation.
Sec. 285.2. Appointment; Removal.
The mayor shall appoint, subject to confirmation by the common council,
and may at pleasure, remove the commissioner of human services, parks and
recreation.
Sec. 285.3. Qualifications of the Commissioner.
The commissioner of human services, parks and recreation shall be a
person who has a college degree and has demonstrated executive and
administrative ability with at least five years' experience in governmental,
economic or sociological fields, or shall be a graduate of a recognized college
or university with other qualifications which are acceptable to the mayor, or
shall have at least five years of municipal administrative or supervisory
experience.
Sec. 285.4. Duties and Powers of the Commissioner.
The commissioner of human services, parks and recreation shall have all
the powers and shall exercise all the duties hereinafter conferred upon the
divisions of the department; shall administer, correlate and coordinate all the
functions of said divisions; shall provide facilities for the research,
referral, planning and evaluating of any of the projects within the purposes of
the department; and shall prepare or have prepared by the appropriate divisions
applications for county, state and federal grants.
The commissioner of human services, parks and recreation shall also have
supervision and management of the affairs of the department, the care, control,
management and maintenance of all public parks, park approaches, and all areas
in public streets, public squares, public grounds and public places designated
by the mayor as park spaces, and of the use thereof, the planting, caring for
and removal of trees in all streets and in all public grounds. He shall be
charged with the care, control, management and maintenance of all public
playgrounds, including pocket playgrounds and tot lots, the regulation of the
use thereof and the supervision, management and control of all forms of
recreation in such playgrounds and in the public parks. He shall be charged
with the care, control, management and maintenance of community houses for
instructional, social and recreational purposes. He shall grant permits issued
in connection with the use of any of the parks, park approaches and
playgrounds. He shall also exercise such other powers and perform such other
duties as may be conferred or imposed upon him by any provision of this act or
by any general law or ordinance.
Sec. 285.5. Senior Deputy Commissioner; Duties and Powers.
The commissioner of human services, parks and recreation shall appoint a
senior deputy commissioner of human services, parks and recreation who shall
discharge the duties of the commissioner during his absence from the city or
his illness. He also shall (a) monitor programs and personnel assignments to
insure appropriate coordination, execution and administration of the duties and
powers vested in the commissioner; (b) act as the liaison between the
department of human services, parks and recreation and other city departments
and agencies having a direct or indirect interest in the affairs of the
department; and (c) perform such other duties as may be assigned to him from
time to time by the commissioner of human services, parks and recreation.
Sec. 285.6. Directors- Duties and Powers.
The directors of the divisions in this article shall direct and
administer the affairs of the division; shall discharge any and all duties
needed or necessary to effectuate the purposes of each division and such other
duties conferred by this article, ordinance, general or special law; and shall
be deputies of the commissioner of human services, parks and recreation.
Sec. 285.7. Divisions.
There shall be in the department of human services, parks and
recreation the following divisions:
Division for senior services.
Division of substance abuse services.
Division for youth.
Division of parks.
Division of recreation.
DIVISION FOR SENIOR SERVICES
Sec. 285.8. Director for Senior Services,
The head of the division for senior services shall be the director for
senior services.
Sec. 285.9. Committee for Senior Services.
There is hereby created in this division a committee to be designated as
the committee for senior services.
Sec. 285. 10. Duties and Powers of the Committee.
The committee shall make studies and recommend to the mayor, the common
council, the commissioner of human services, parks and recreation, the director
for senior services, and other governmental or private agencies, the
institution or coordination of recreational programs and projects or other
programs and projects for persons over sixty years of age which will promote
(a) the social and emotional adjustment of such persons by making it possible
for them to find companionship and create an environment that is favorable to
continuing growth and give them a sense of personal stability and security; (b)
the rehabilitation of the personal efficiency of elder individuals by making it
possible for them to make maximum use of their time and of capacities least
impaired; and (c) community usefulness by creating a feeling of adequacy and
accomplishment through activity.
The committee shall do all acts or things necessary to effectuate the
above purposes, and shall adopt such rules and regulations as it may deem
appropriate,
DIVISION OF SUBSTANCE ABUSE SERVICES
Sec.285.11. Director of Substance Abuse Services.
The head of the division of substance abuse services shall be the
director of substance abuse services.
Sec. 285.12. Duties and Powers of the Director.
The director shall coordinate and administer any and all programs
developed by the narcotic guidance council of the city within its powers as
prescribed in section two hundred thirty-nine of the general municipal law, and
such other programs howsoever authorized or initiated, to control the use of
addictive substances; to educate the public of the effect and danger of such
use; and to rehabilitate persons addicted or likely to be addicted thereto.
Sec. 285.12-a. Committee of Substance Abuse Services.
There is hereby created a committee in the division of substance abuse
services to be designated as the committee of substance abuse services.
Sec. 285.12-b. Duties and Powers of the Committee.
The committee shall make recommendations to the mayor, the common
council, the commissioner of human services, parks and recreation, the director
of drug abuse services and other governmental or private agencies regarding:
(1) Institution of programs to control the use and abuse of addictive
substances-,
(2) Education of the public about the effects and the dangers of the use and
abuse of addictive substance;
(3) Treatment and rehabilitation of persons using and abusing addictive
substances; and
(4) Further study of the impact of the use and abuse of addictive substances
upon individuals and society.
DIVISION FOR YOUTH
Sec. 285.13. Director for Youth.
The head of the division for youth shall be the director for youth. The
director shall coordinate and supplement the activities and programs of public,
private and religious agencies within the city devoted in whole or in part to
the welfare and protection of youth; cooperate with such agencies in developing
effective programs for the prevention of delinquency, crime and neglect among
youth; and collect data and statistics and make studies relating to activities
of youth.
Sec. 285.14. Buffalo Youth Bureau,
The division for youth shall also be known as the Buffalo youth bureau.
Sec. 285.15. Committee for Youth.
There is hereby created in this division a committee to be designated as
the committee for youth.
Sec. 285.16. Duties and Powers of the Committee.
The committee shall make recommendations to the mayor, the common
council, the commissioner of human services, parks and recreation, the director
for youth, and other governmental or private agencies, for the institution of
recreation projects and youth service projects by public or private agencies
devoted in whole or in part to the provisions of leisure time activities of
youth; collect data and statistics and make studies relating to the detection,
prevention and treatment of delinquency, crime and neglect among youth; review
and recommend any and all youth projects submitted for its consideration; and
make appropriate recommendations with reference to problems relating to or
created by youth.
DIVISION OF PARKS
Sec. 285.17. Director of Parks.
The head of the division of parks shall be the director of parks, who
shall also be a deputy of the commissioner of human services, parks and
recreation.
Sec. 285.18. Duties and Powers of the Director.
The director of parks, under the supervision of the commissioner, shall
be charged with and exercise all the powers and duties with respect to parks,
park approaches, and park spaces and the planting, caring for and removal of
trees in the streets and public places, hereinbefore conferred upon the
commissioner. He shall exercise such other powers and perform such other
duties as may be conferred or imposed upon him from time to time by the
commissioner.
Sec. 285.19. Parks and Park Approaches Defined.
The term "parks" as used in this act shall include all existing parks and
all parks hereafter acquired by the city, and the term "park approaches" as
used in this act shall be deemed to include all avenues and parkways duly
designated as park approaches prior to January first, nineteen hundred
twenty-six, and such as may hereafter be so designated by the council by a
three-fourths vote of the membership thereof, and the council may by a majority
vote discontinue as a park approach any park approach designated at any time
prior to the effective date of this act.
DIVISION OF RECREATION
Sec. 285.20. Director of Recreation.
The head of the division of recreation shall be the director of
recreation who shall also be a deputy of the commissioner of human services,
parks and recreation.
Sec.285.21. Duties and Powers of the Director.
The director of recreation, under the supervision of the commissioner,
shall be charged with and exercise all the powers and duties with respect to
recreation in parks and playgrounds and community houses, hereinbefore
conferred upon the commissioner of human services, parks and recreation. He
shall also exercise such other powers and perform such other duties as may be
conferred or imposed upon him from time to time by the commissioner.
COMMISSION ON HUMAN RELATIONS
Sec. 285.22. Commission on Human Relations.
There is hereby created a commission to be designated as the
commission on human relations.
Sec. 285.23. Functions of the Commission.
The functions of the commission shall be:
(a) To foster mutual understanding and respect among all racial, religious
and ethnic groups in the city of Buffalo, and to foster the best spirit of
Americanism;
(b) To encourage equality of treatment for, and prevent discrimination
against, persons of all races, religions, genders, sexual preferences, ethnic
backgrounds or disabilities or its members;
(c) To cooperate with governmental and nongovernmental agencies and
organizations having like or kindred function.
Sec. 285.24. Duties and Powers of the Commission.
The duties and powers of the commission shall be:
(a) To coordinate efforts with federal, state and city agencies in
preparing, studying, soliciting and executing programs and campaigns devoted to
eliminating group prejudice, intolerance, bigotry and discrimination within the
city and to this end, to enlist the cooperation of various racial, religious,
community and ethnic groups;
(b) To preliminarily receive and investigate, in confidence, any and all
complaints of discrimination made under oath with power to hold private or
public hearings and take the testimony of persons under oath with the aid of
their counsel, and, after such investigation is completed, recommend to the
director whether the complaint should be dismissed or prosecuted farther by
reference to an appropriate governmental agency or grievance committee. The
report of such hearing inclusive of a summary or transcript of the testimony,
with the recommendation of the commission or its conciliation panel, is to be
submitted to the commissioner of human services, parks and recreation, who
shall take appropriate action pursuant to the city's equal employment
opportunity program. The right to publish the results of the investigation
shall not include the right to publish matters that are by law confidential in
nature or which are prohibited by an order of the court;
(c) To recommend to the mayor, the common council, the commissioner of
human services, parks and recreation or other governmental or private agencies,
legislation to aid in carrying out programs designed to eliminate racial and
social injustice;
(d) To establish, with the approval of the mayor or the commissioner of human
services, parks and recreation, such standing committees as it deems advisable
by its rules, regulations and by-laws to carry out its duties and powers;
(e) To do such other act or thing necessary to effectuate the purpose and
objective of the division, including making investigations and studies in the
field of urban affairs by and through committees or members of the commission
selected and designated by the commissioner of human services, parks and
recreation.
Sec. 285.25. Membership of Committees or Commissions.
Any committee or commission created by this article, except the
commission on human relations or a conciliation panel of such commission, shall
consist of not less than five members, all of whom shall be residents of the
city, and shall be appointed by the mayor for a period of four years. However,
the members of a committee, council or commission discharging duties within the
powers of the present bodies shall serve until their terms expire and shall be
eligible for reappointment. Any appointment made to fill a vacancy caused by
the death, resignation or removal of a member shall be made for the balance of
the member's term. The mayor shall designate the chairman of such committee or
commission from among its members and may from time to time change such
designation. A member may be removed by the mayor for reasons stated in
writing, after an opportunity to be heard. The mayor may from time to time
increase the membership of any committee, council or commission from five to a
maximum of twenty-five members. The members shall serve without compensation.
A member shall be deemed to have resigned his office for failure to
attend three regularly scheduled meetings, unless he has filed with the
chairman written reasons for his absence approved by a majority of the
membership.
Meetings shall be held upon the call of the director, the chairman, or as
specified in a written declaration by a majority of the members of such
committee or commission.
The commission on human relations shall consist of eighteen qualified
electors of the city appointed by the mayor, who shall serve without
compensation. However, no more than two members shall be appointed from any
one councilmanic district as geographically defined by this charter, and this
balance shall be hereafter maintained in the filling of vacancies which from
time to time may occur. The mayor shall designate from among the members the
chairman of the commission and may from time to time change such designation.
All appointments to the commission shall be for a term of four years. In case
of a vacancy resulting by the death, resignation or any other cause of any
member during his term of office, his or her successor shall be appointed to
serve for the unexpired period of the term for which such member had been
appointed. The mayor may at any time remove a member for reasons stated in
writing, after an opportunity to be heard.
A member of the commission on human relations shall be deemed to have
resigned his office for failure to attend three regularly scheduled meetings,
unless he has filed with the chairman written reasons for his absence approved
by a majority of the membership.
The commission on human relations shall hold not less than six meetings a
year and such other meetings that may be called, in writing, by the chairman or
upon the written request of four members of the commission requesting the
special meeting.
Sec. 285.26. Expenditures.
The commissioner of human services, parks and recreation, the directors
of the various divisions, the mayor, or the committees or commissions in the
article, shall, within the amounts appropriated by the common council or
otherwise made available by grants, expend, contract for, or direct the
expenditure of such sums, and accordingly provide, as permitted by ordinance or
grant, the necessary facilities and personnel.
Sec. 285.27. Equal Employment Opportunity Coordinator.
The commissioner of human services, parks and recreation shall assume the
duties of the equal employment opportunity coordinator as established by the
equal employment opportunity program of the city of Buffalo pursuant to item
number two hundred seventy-eight of the common council proceedings of July
eighth, nineteen hundred seventy-five, and item number three hundred
twenty-five of the common council proceedings of July twenty-second, nineteen
hundred seventy-five.
Section 2. This local law shall take effect immediately.
APPROVED AS TO FORM
Edward Peace
Corporation Counsel
REFERRED TO THE COMMITTEE OF THE WHOLE.
No. 241
By: Mr. Pitts
Olmsted Site Planning and Development Committee
Whereas: The Frederick Law Olmsted School Site Selection Committee
has recommended a focus on a permanent single campus location adjacent to the
H.H. Richardson complex at the Southeast corner of Rees Street and Rockwell
Road; and
Whereas: The Committee picked this site because it is consistent with the
following criteria which guided their search: easy city-wide accessibility;
available undeveloped land contiguous to existing Olmsted neighborhoods; and
realistic opportunities for both economic and academic partnerships between
public and private entities;
Now Therefore Be It Resolved, that,
This Common Council endorses the plans of the Olmsted Site Selection
Committee to build a permanent new campus at the Southeast corner of Rees
Street and Rockwell Road; and
Be It Further Resolved, that:
This Common Council and the Board of Education form a Planning and
Development Committee as per the Olmsted Site Selection Committee's
Recommendations.
REFERRED TO THE SPECIAL COMMITTEE ON EDUCATION.
No. 242
By: Mr. Pitts
Public Easement Portion Of Dillon Street
Whereas: On February 13, 1990 C.C.P. #142 the Common Council approved
the abandonment and sale of a portion of Dillon Street to Lake Erie Recycling
Corporation; and
Whereas: During that time it was determined that the street had no more
public value. However, the City was not aware that a major parcel of vacant
land at 126 Dillon Street was land locked as a result of this action; and
Whereas: 126 Dillon Street is the only access to this land. The vacant
parcel is zoned light manufacturing and is potentially developable creating tax
base for the City; and
Whereas: The owner at 126 Dillon Street was not made aware of the original
abandonment and sale. His present concern is to keep access to his property
which could be severely depressed in value.
Now, Therefore Be It Resolved:
That the Common Council request the Corporation Counsel to develop an
easement which will allow permanent public access to 126 Dillon Street.
REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CORPORATION COUNSEL.
No. 243
By: Mr. Pitts
Set Hearing On New Court Site
Whereas: Erie County is in the process of expanding local court
facilities; and
Whereas: The County has announced a preference for a site at Church and
Delaware that would pull activity away from the downtown retail core; and
Whereas: A better site, known as the Fernbach site, exists on Court Street
between Court and Franklin; and
Whereas: This Council, by resolution 175 C.C.P. - April 18, 1995, resolved
to hold a hearing on the impact of the siting of the proposed new court
facilities on the health of downtown;
Now, Therefore, Be It Resolved That:
This Common Council will hold a hearing on the impact of the siting of
the proposed new court facilities on the health of downtown on Thursday, May
25th at 10:00 AM in Council Chambers; and
Be It Further Resolved That:
The City Clerk be directed to publish a notice of this hearing in the
Buffalo News and to send certified copies of this resolution to the County
Executive, the members of the County Legislature, Buffalo Place Inc., and to
the protect consultants Hamilton, Houston, Lownie.
ADOPTED.
No. 244
By: Mr. Pitts
PILOT Agreement on Glenny Education Center
Whereas: The Glenny Education Center at the former Norban's building
at 667 Main Street is a project that is proceeding forward with the full
support of the city administration; and
Whereas: Buffalo Place officials have offered to negotiate a PILOT agreement
with the city for this property and were assured by city officials that no
penalties or foreclosure actions would be added to accruing taxes while the
PILOT agreement is being negotiated; and
Whereas: In spite of these assurances, Buffalo Place recently received a
notice of pending collection action along with late fees;
Now, Therefore, Be It Resolved That:
This Common Council requests the Corporation Counsel to meet with Buffalo
Place officials to resolve the tax charge issues concerning 667 Main Street;
and
Be It Further Resolved That:
This Council requests the Corporation Counsel to report back on the
resolution of this issue.
REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT AND THE CORPORATION COUNSEL.
No. 245
By: Messrs. PittsArthur, Bell, Collins, Coppola, Czajka, Franczyk,
,
Helfer, Perla, Pitts, Zuchlewski, and Mrs. Lockwood, Lotempio, Williams
Memorialize Congress To Enact
Historic Homeownership Act
Whereas: A strong base of homeowners is an essential part of any
thriving, dynamic community; and
Whereas: The abandonment and destruction of older and historic buildings
presents a significant threat to public safety and the social and .,economic
well-being of the citizens of the City of Buffalo; and
Whereas: The city could certainly use of additional resources to encourage
homeowners to rehabilitate older buildings in distressed neighborhoods; and
Whereas: There has been introduced in Congress the Historic Homeownership
Assistance Act of 1994, H.R. 5249, which would provide home ownership
incentives for the rehabilitation of older buildings in historic districts
through a Federal Historic tax credit for homeowners; and
Whereas: The Historic Homeownership Assistance Act would stimulate the
revival of decaying neighborhoods and the preservation of historic structures
throughout the City of Buffalo, and has been endorsed by such groups as the
Preservation League of New York State, the Heritage Coalition, and the American
Institute of Architects;
Now, Therefore Be It Resolved:
That this Common Council memorializes the U.S. Congress to enact the
Historic Homeownership Assistance Act of 1994, H.R. 5249; and
Be It Further Resolved:
That the City Clerk be directed to forward certified copies of this
resolution to the Clerk of the House of Representatives, the Secretary of the
Senate, the U.S. Senators representing New York State, and the Western New York
Congressional Delegation.
ADOPTED.
No. 246
By: Mr. Pitts
Request to Erect Banner on Chippewa St. For Artvoice Publication
Block Party
Whereas: The publication Artvoice plans a block party to be held
June 25, 1995 on Chippewa Street between Pearl and Franklin Streets to
celebrate its 5th anniversary; and
Whereas: In order to publicize this event, the organizers would like
permission to display a banner across Chippewa Street at the corner of Pearl
Street and
Whereas: Mark Goldman of the Calumet Arts Cafe, 54 Chippewa St., Buffalo,
NY, 14202 has obtained all proper permits and is aware of all insurance
requirements;
Now, Therefore Be It Resolved:
That this Common Council of the City of Buffalo does hereby grant
permission to the organizers of the Artvoice publications 5th anniversary block
party to display a banner on Chippewa Street at the comer of Pearl Street from
the period starting on May, 17, 1995 until June 26, 1995, providing that this
banner meets all requirements of all City departments and violates no existing
law or ordinance.
PASSED.
AYES- ARTHUR, BELL, COLLINS, COPPOLA, CZAJKA, FRANCZYK, HELFER, LOCKWOOD,
LOTEMPIO. PERLA, PITTS, WILLIAMS- 12.
NOES- ZUCHLEWSKI- 1.
No. 247
By: Mr. Pitts
Resolution Authorizing Execution
of Crossroads Arena Documents
Whereas, the City of Buffalo Crossroads Arena Task Force has completed
its review of the agreements and documents concerning the Crossroads Arena
Project (the "Project"); and
Whereas, the execution and delivery of such agreements and documents are
necessary to the progress of the Project;
Now, Therefore, Be It Resolved that:
The Common Council hereby authorizes and approves all transactions
necessary for the Project and the execution and delivery of all agreements and
documents connected with the Project, including, without limitation, the
following:
1. Development and Construction Agreement
2. Operating Agreement
3. Coordinating Agreement
4. Inter-Municipal Cooperation Agreement
5. Amended Bed Tax Litigation Settlement Agreement
6. Land Disposition Agreement
7. County-City Ground Lease
8. City-County Ground Lease
9. License(s) for use of City rights-of-way
10. Financing Participants Agreement
11. Lenders Cooperation Agreement
12. NFBLP Non-Relocation Agreement
13. Master Non-Disturbance and Attorrunent Agreement
14. Auditorium Non-Compete Agreement
15. Inducement Agreement
16. SBPO Letter of Resolution
17. Chapter 652 Agreement
18. Subordinated Guaranty in Favor of Principal Public Participants
19. Amendment to the May 28, 1975 Agreement for the Financing, Construction,
Leasing and Operation of a Convention Center Between the County of Erie and the
City of Buffalo and Be It Further Resolved that:
The Mayor is authorized to execute and deliver all documents and
agreements connected with the Project with such changes as the Corporation
Counsel may deem necessary, appropriate or convenient.
Mr. Pitts moved to amend as follows:
Add before the last "Resolved " the following:
"and be it further resolved that:
these authorizations and approvals be and hereby are on the condition that the
following matters be received by the Corporation Counsel and reported to the
Common Council at closing.
1. Payment in full be Niagara Frontier Hockey, L.P. ("NFHLP") of rent
due and owing to the City under the present Memorial Auditorium Lease ("and
Lease").
2. A Release executed by NFHLP of any and all claims which NFHLP may have
against the City relating to or arising out of the Aud Lease; provided, that in
the event the Common Council determines that NFHLP may have a viable claim for
monies due from the Ringling Bros. Circus, then such claim may be excluded
from the release.
3. An Extoppel Letter executed by NFHLP with regard to the next quarterly
rent payment due from NFHLP to the City under the Aud Lease.
4. A letter from CALLC, in the form as set forth in Item #98 CCP May 16,
1995, as amended, regarding the compatibility of the design and construction of
the Crossroads Arena with plans for future pedestrian bridge connections to the
Light Rail Rapid Transit System.
5. The revisions to the Auditorium Non-Competition Agreement and Exhibit J
to the Development and Construction Agreement as set forth in the Crossroads
Arena Documents received by the Common Council pursuant to Item #98 CCP May
16,1995, as amended.
Seconded by Mr. Collins.
CARRIED.
AYES- ARTHUR, COPPOLA, CZAJKA, FRANCZYK, HELFER, LOCKWOOD, LOTEMPIO, PERLA,
PITTS, WILLIAMS, ZUCHLEWSKI- 11.
NOES- BELL, COLLINS- 2.
Mr. Pitts now moved to approve the above item, as amended.
Seconded by Mr. Collins.
PASSED.
AYES- ARTHUR, COLLINS, COPPOLA, CZAJKA, FRANCZYK, HELFER, LOCKWOOD, LOTEMPIO,
PERLA, PITTS, WILLIAMS, ZUCHLEWSKI- 12.
NOES- BELL- 1.
No. 248
By: Mr.Pitts
21st Century Landmark Preservation Bond
Whereas: Buffalo and Erie County are home to numerous arts and
cultural institutions and architectural masterpieces which enhance the quality
of life and provide economic stimulus in the region; and
Whereas: Travel and Tourism are now the world's largest industry, and, by
all indications, architectural heritage and cultural tourism are emerging as
the fastest growing segment of the industry. In conjunction, virtually all
plans for future economic development in our region have identified our
cultural attractions as major assets for marketing our area; and
Whereas: The majority of our local arts, cultural, and recreational
attractions, including Kleinhans Music Hall, Shea's Buffalo Center for the
Performing Arts, the Botanical Gardens, the Historical Society, the Zoological
Society, the Darwin Martin House, and others require public subsidies to assist
operational expenses and insure quality programs; and
Whereas: Investing in our major arts and cultural institutions and
architectural masterpieces is an important component in mapping out a future
regional economic plan, and, in fact, Erie County is presently considering a
proposal for a $28.6 million Twenty-First Century Landmark Preservation Bond
Issue to be used for the renovation, maintenance, and preservation of the
County's major cultural landmarks; and
Whereas: Components of the County proposal include $4 million for the Darwin
Martin House, $4 million for the Botanical Gardens, $14 million for the
restoration and rehabilitation of Old County Hall, $4.5 million for Shea's
Center for the Performing Arts, $2.025 million for Kleinhans Music Hall
renovation and underground parking study, $50,000 for repairs to the Historical
Society Building foundation, and $27,000 for a climate controlled area for the
Rare Book Collection in the Central Library; and
Whereas: Capital investments of this nature are a regional benefit, and the
City of Buffalo would be wise to undertake similar planning for long term
stabilization of the area's arts and cultural institutions and architectural
masterpieces;
Now, Therefore, Be It Resolved:
That the Common Council of the City of Buffalo endorses the Twenty-First
Century Landmark Preservation Bond Issue under consideration by Erie County and
pledges its support for the projects enumerated in the proposal; and
Be It Further Resolved:
That this Council supports a similar bonding program through the City of
Buffalo capital program and expands on the County's plan by proposing that a
capital program be developed to include $2 million for the Cobblestone Historic
District (Crossroads), $1 million for the Central Terminal, and $1 million for
the King Urban Life Center; and
Be It Finally Resolved:
That the City Clerk certify passage of this resolution and forward copies
thereof to the Erie County Legislature and the Erie County Executive.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 249
By: Mr. Pitts and Mrs. LoTempio
Memorialize NYS Legislature To Move
Board of Education Elections to November
Whereas: New York State Education Law requires that members of
the Board of Education of the city school district of the City of Buffalo be
elected on the first Tuesday in May; and
Whereas: Since they are held separately from the November general election,
the School Board elections traditionally draw a small percentage of the
electorate; and
Whereas: In the most recent Board election in May 1995, the turnout was a
record-low 6 percent of the eligible voters; and
Whereas: Even though there were three uncontested races, the turnout in the
districts that were contested was also low compared to previous years; and
Whereas: The Board of Elections estimated that the election cost the city
about $150,000, or $15 for every vote cast; and
Whereas: Moving the School Board elections to the same time as the general
elections would save the city a significant amount of money at a time when such
cost savings are essential; and
Whereas: Such action would also enhance the democratic process by
encouraging voter participation in the School Board elections; and
Whereas: It is readily apparent that the high expense and low voter turnout
associated with the May School Board elections make it advisable to move these
election to coincide with the November general elections;
Now, Therefore Be It Resolved:
That this Common Council memorializes the New York State Legislature to
amend the New York State Education Law to allow for members of the Buffalo
Board of Education to be elected at the November general elections; and
Be It Further Resolved:
That the City Clerk certify the passage of this resolution and forward
copies to the Secretary of the New York State Senate, the Clerk of the
Assembly, and to the members to the Western New York delegation of the New York
State Legislature.
ADOPTED.
AYES- BELL, COLLINS, COPPOLA, CZAJKA, FRANCZYK, HELFER, LOCKWOOD, LOTEMPIO,
PERLA, PERLA, PITTS, WILLIAMS, ZUCHLEWSKI- 12.
NOES- ARTHUR- 1.
No. 250
By: Messrs. Pitts and Perla
City Property Rehabilitation Program Phase I
Approval of LDA Buffalo Neighborhood Revitalization Corporation, Redeveloper
Whereas, Buffalo Neighborhood Revitalization Corporation and/or
other legal entity to be formed (herein referred to as the "Redeveloper") has
been duly designated as qualified and eligible Redeveloper in accordance with
the rules and procedure prescribed by the City of Buffalo Urban Renewal Agency
(herein referred to as "Agency"); and
Whereas, The Agency and the Redeveloper have negotiated a Land
Disposition Agreement for the rehabilitation of sixteen single and double
family homes known as the City Property Rehabilitation Program Phase I the
Community Wide Urban Renewal Demonstration Program Area; and
Whereas, said Land Disposition Agreement has been forwarded by the Agency
to this Common Council for action, pursuant to Section 507, subdivision 2 (d)
of the General Municipal Law; and
Whereas, Article 15A of the "General Municipal Law" requires that the
disposition of land in an Urban Renewal Project may be approval 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
19th day of May 1995.
2. That this Common Council will conduct a Public Hearing on the matters
stated in said "Notice of Hearing" at 2:00 O'clock p.m. in the Council Chambers
on the 30 th day of May ,1995.
ADOPTED.
No. 251
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 Ukrainian Home "Dnipro", Inc
By Councilmember Pitts
Felicitation for Robert O. Swados
By Councilmember Pitts
Felicitation for B. Gwendolyn Greene
By Councilmember Arthur
Felicitation for Carlita & Leeland Jones
By Councilmember Arthur
ADOPTED.
No. 215
By: Mr. Zuchlewski
Appointments Commissioner of Deeds
That the following persons are hereby appointed as Commissioner
of Deeds for the term ending December 31, 1996 , conditional upon the person so
appointed certifying under oath to their qualifications and filing same with
the City Clerk:
Patricia A. Rojek Richard J. Horner,Jr.
Dorothy A. Mark Charles Ambrus
Bridget K. Ryan Wesley M. Brown
Patrick J. Ryan Leora Davidson
Patrick J. Ryan,Jr Donna Mc Cartney Henry
Peter J. Runfola Karl Henry
John J. Tinti,Jr. Marjorie Barone
Thomas J. Pisa Anthony A. Figliola
Susan A. Tinti Charles J. Flynn
Carmen A. Vitale Thomas O'Sullivan
John J. Tinti,III Richard S. Gorecki
Michael P. Brady Carol M. Williams
Joseph Tomani Joseph D. Figliola
John Surdyk Kenneth Rivera
Heather Surdyk Frank J. Maglich
William Bernacik Martin G. Darmstedter
Kevin J. Becker Stephan J. Godzisz
Peter G. Karamanos,II Albert Young,II
Donald R. White Stevens Gigante
Joanne M. Nowakowski James F. Notaro
Lynn M. Marinelli James F. Notaro,Jr
Daniel J. Ne Moyer Donald Notaro
Dorothy Dowzycky John H. Hall
Nancy Deborah Chu Deborah A. Ferro
Susan M. Brown Michael Snyder
Perry J. Gaddis Roman Konotopskyj
Rosemary Cicero-Sullivan Michael P. Mulhern
Lawrence F. Adamczyk Maurice L. Garner
Marybeth Mego Derrick Strickland
John Shaw Darren Strickland
Bruce Ty Shaw Michael A. Darby
Maria H., Pietras
ADOPTED.
No. 253
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:
Marlene Benjamin
Rosemary Heinzman
ADOPTED.
UNFINISHED BUSINESS
No. 254
Bond Resolution - $80,000 - Streets
(No. 198, C. C. P., May 2, 1995)
Mr. Pitts moved that the above item be taken from the table.
Seconded by Mr. Collins.
CARRIED.
Mr. Pitts now moved approval of the above item. Seconded by Mr. Zuchlewski
PASSED.
AYES- 13 NOES- 0
No. 255
Bond Resolution - $420,000 - Bridges/Viaducts
(No. 199, C.C.P., May 2, 1995)
Mr. Pitts moved that the above item be taken from the table.
Seconded by Mr. Bell
CARRIED.
Mr. Pitts now moved approval of the above item. Seconded by Mr. Bell
PASSED.
AYES- 13 NOES- 0
No. 256
Bond Resolution - $3,000,000 - Squaw Island Remedy.
(No. 200, C.C.P., May 2,1995)
Mr. Pitts moved that the above item be taken from the table.
Seconded by Mr. Bell.
CARRIED.
Mr. Pitts now moved approval of the above item. Seconded by Mr. Bell.
PASSED.
AYES- 13 NOES- 0
No. 257
Bond Resolution - $1,400,000 - Pct. #13 Reconstr.
(No. 201, C.C.P., May 2,1995)
Mr. Pitts moved that the above item be taken from the table.
Seconded by Mr. Bell.
Carried. Mr.. Pitts now moved approval of the above item. Seconded by Mr.
Bell.
PASSED.
AYES- 13 NOES- 0
No. 258
Bond Resolution - $100,000 - Pct. # 13 Land Acq.
(No. 202, C.C.P., May 2, 1995)
Mr. Pitts moved that the above item be taken from the table.
Seconded by Mr. Bell.
CARRIED.
Mr. Pitts now moved approval of the above item. Seconded by Mr. Bell.
PASSED.
AYES- 13 NOES- 0
No. 259
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 Committee
Civil Service Tuesday, May 23, 1995 9:30 A.M.
Finance Tuesday, May 23, 1995 - following Civil
Legislation Tuesday, May 23, 1995 2:00 PM
Economic Dev. Wednesday, May 24, 1995, 10:00 AM
U.R. Agency Comt. Wednesday, May 24, 1995 following Ec.
Dev.
No. 260
Adjournment
On a motion by Mr. Pitts, Seconded by Mr. Zuchlewski the Council
adjourned at 4:30 P.M.
Charles L. Michaux,III
Clerk