HomeMy WebLinkAbout95-1017
1No. 19
Common Council
Proceedings
of the
City of Buffalo
Regular Meeting, October 17, 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
CARBON MONOXIDE TASK FORCE:
David Czajka Chairman, Fred Larson, Matthew Baudo,
Paul Mielcarek, David Pierowicz, Phil Haberstro, Mike Rabb, Donna DeCarolisle,
Jay Burney, Mark Kubiniec, Yerby Dixon.
CORPORATION ROCEEDINGS
COMMON COUNCIL
CITY HALL- BUFFALO
Tuesday, October 17, 1995
at 2:00 P.M.
PRESENT- George K. Arthur, President of the Council, and Council
Members Bell, , Coppola, Czajka, Franczyk, Helfer, Lockwood, LoTempio, Perla,
Pitts, and Zuchlewski- 11.
ABSENT-Councilmembers Collins, Williams - 2
On a motion by Mr. Pitts, the minutes of the Stated Meeting held October 3,
1995 and the Special Meeting of October 11, 1995 were approved.
Seconded by Mr. Czajka.
FROM THE MAYOR
No. 1
APPOINTMENT OF COMMISSIONER OF HUMAN SERVICES, PARKS AND RECREATION
Pursuant to the powers vested in me under the Charter of the City
of Buffalo, please be advised that I have appointed Daniel T. Durawa, 184
Wellington Road, Buffalo, New York 14216, Commissioner of Human Services, Parks
and Recreation.
Mr. Durawa has been employed with the Department of Parks since 1966
serving as Recreation Instructor from July 1966 to March 1970, Community
Recreation Supervisor from March 1970 to October 1974, and Supervisor of
Recreational Activities from October 1974 to January 1994. In January 1994,
Mr. Durawa was appointed Commissioner of Parks.
Mr. Durawa attended St. John Kanty Prep in Erie, Pa., and State
University of New York at Buffalo.
Based upon Mr. Durawa's long and successful career in the Department of
Parks, his energy and enthusiasm to the people of our City, I hereby certify
that Mr. Durawa is fully qualified to serve as Commissioner of Human Services,
Parks and Recreation.
Mr. Pitts moved:
That the communication from the Mayor, dated September 28, 1995, be
received and filed; and
That the appointment of Daniel T. Durawa, 184 Wellington Road, as the
Commissioner of Human Services, Parks and Recreation, be, and hereby is
confirmed.
ADOPTED
FROM THE BUFFALO ARTS COMMISSION
No. 2
Report of Informal Bids - Electrical Work
Allentown Clock Installation
The Department of Community Development solicited informal price
proposals for the installation of two clocks to be installed in the Allentown
District within the City of Buffalo. The two subject clocks are a donation to
the City of Buffalo from the Allentown Village Society.
The Buffalo Arts Commission is requesting permission to enter into
contract with C.V.M. Electric in the amount of $4,329.00. Be advised that
Allentown Village Society is donating $1,600.00 towards the cost of
installation the net cost being $2,729.00 to the Buffalo Arts Commission.
Money is available in account 200-402-005 to complete this work.
The additional bid responses are as follows:
CVM Electric
25-A Benbro Dr.
Cheektowaga, NY $4,329.00
Louie Moore/Moore Electric
40 Connelly Avenue
Buffalo, NY $4,500.00
F&W Electric
1512 Genesee
Buffalo, NY No Response
In-Com Electric
1067 Harlem Avenue
Cheektowaga, NY No Response
Thank you for your consideration and we are always available to answer
any questions.
Mr. Pitts moved:
That the communication from the Department of Arts Commission, dated
October 4, 1995, be received and filed; and
That the Executive Director of the Buffalo Arms Commission be, and he
hereby is, authorized to award a contract for Electrical Work in the Allentown
District to CVM Electric, the lowest responsible bidder in the amount of
$4,329.00. The Allentown Village Society is donating $1,600.00 towards the
cost of installation and the net cost being $2,729.00 to the Buffalo Arts
Commission.
PASSED
AYES - 11 NOES - 0
FROM THE BOARD OF ETHICS
No. 3
Minutes of the
BOARD OF ETHICS MEETING - SEPTEMBER 5, 1995
Present: Hon. H. Buswell Roberts
Douglas S. Coppola, Esq.
Charles L. Michaux III
Edward D. Peace, Esq.
Sister Denise A. Roche
Absent: Charles E. Carr
James M. Lanz
The meeting was called to order at 8:55 a.m. by Judge Buswell Roberts,
Chairperson. A motion was made to approve the minutes of the August 8, 1995
meeting.
Mr. Matthew Baudo, Director of Inspections and Mr. Anthony Marcone,
Commissioner of Housing was invited to attend this meeting to respond to their
letter of July 17, 1995, mailed to Mr. Edward Peace.
Mr. Baudo gave more information regarding the matter of who as performing
Inspections on work that his brother -------.
Attorneys, James Carlo and Marianne Hanley also attended this meeting as
counsel for ----- Ms. Hanley was told this was not a hearing by Mr. Peace. She
will file a written response to the Board within 15 days. After reviewing her
submission the Board will decide whether a formal hearing will take place.
A motion was than made by Judge Roberts that the Board go into regular
session after the departure of the attorneys.
On another matter, Judge Roberts read Mr. Michael McCarthy's letter to
the Board and the consensus of the Board was that no violation took place.
The meeting was adjourned at 10:35 a.m.
RECEIVED AND FILED
FROM THE COMPTROLLER
No. 4
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 9-30-95. This report also projects departmental overtime expenditures for
the entire fiscal year based on current usage.
REFERRED TO THE COMMITTEE ON FINANCE
No. 5
Certificate of Necessity
Increased Appropriation
Appropriation Allotments - Board of Education
We, Anthony M. Masiello, Mayor and Joel A. Giambra, Comptroller,
do hereby certify pursuant to Section 41 of the Charter, that an increase in
$16,534,489
the sum of in the estimates for the fiscal year beginning July 1,
1995 is necessary in Appropriation Allotments - Board of Education, to meet a
contingency which could not have been reasonably foreseen when the budget was
adopted. The amount of increased appropriation will be met from increases in
the revenue accounts as listed below, not otherwise appropriated for any other
purpose. The detail of the requirements are set forth below:
This will increase the Board of Education Appropriation from $374,266,576
to $390,801,065 (both appropriations include debt service of $9,104,411).
REFERRED TO THE SPECIAL COMMITTEE ON EDUCATION.
No. 6
Certificate of Necessity
Transfer of Funds
Common Council
We, Anthony M. Masiello, Mayor and Joel A. Giambra, Comptroller,
do hereby certify*, pursuant to Section 42 of the Charter, that it is necessary
that the sum of $9,000 be transferred and reappropriated from the Common
Council, as set forth below:
RECEIVED AND FILED.
No. 7
Audited Financial Statements of Buffalo Municipal Water Finance Authority for
Years Ended 6/30/95 and 1994 with Report of Independent Auditors
This is to advise that copies of the Audited Financial Statements
and other Financial Information of the Buffalo Municipal Water Finance
Authority for the years ended June 30, 1995 and 1994 with Report of Independent
Auditors, Ernst & Young LLP, have been distributed to each Councilmember, the
Division of Accounting and the Board Members of the Buffalo Municipal Water
Finance Authority.
This report is available as a public record for inspection by all
interested persons.
Pursuant to Section 35 of the General Municipal Law, the Common Council
of the City of Buffalo may, at its discretion, prepare a written response to
the report of external audit and file such response with the City Clerk as a
public record for inspection by all interested persons.
REFERRED TO THE COMMITTEE ON FINANCE
No. 8
Performance Audit Report
Department of Police
In response to the directive requiring the Comptroller to file
audit reports with the Common Council, I hereby submit copies of the Department
of Police, Compensated Court Time Audit Report for the period January 1, 1991
to December 31, 1994.
REFERRED TO THE COMMITTEE ON FINANCE
No. 9
Audit
Police Department
Bicycle Auction
In response to the directive requiring the Comptroller to file
audit reports with the Common Council, I hereby submit copies of the Department
of Police, Bicycle Auction Audit Report for April 19, 1995.
REFERRED TO THE COMMITTEE ON FINANCE
No. 10
Lease Renewal
Central Police Forensic Laboratory
The Comptroller's Office, Division of Real Estate has received
a request from the County Attorney's Office to renew the agreement between the
City of Buffalo and the County of Erie for the operation, management and
control of the Central Police Services Forensic Laboratory. The agreement may
be renewed for an additional five-year period upon the mutual consent of both
parties. A copy of the current lease is on file with the Council staff.
The Division of Real Estate has contacted, for review and
recommendations, the Offices of the Mayor, Buffalo Police Commissioner, City
Corporation Counsel, Commissioner of Public Works, the County Executive, County
Attorney, Commissioner of Central Police Services and County Purchaser
Director. All the aforementioned have reviewed the agreement and recommend the
extension of the agreement for an additional five-year period, upon the same
terms and conditions as the current agreement. The agreement will begin
September 20, 1995 and expire on September 19, 2001.
Therefore, I am recommending that Your Honorable Body approve the renewal
of the agreement for an additional five-year period. I am further recommending
that the Corporation Counsel prepare the necessary documents for renewal of the
agreement and that the Mayor be authorized to execute the same.
REFERRED TO THE COMMITTEE ON FINANCE
No. 11
Lease Renewal
Cazenovia Park Hockey Association, Inc.
Former School 29 - Room 29
In the above referenced item Your Honorable Body approved a lease
between the City of Buffalo (lessor) and Cazenovia Park Hockey Association,
Inc. (lessee) for a three (3) year period. The current lease expired September
30th, 1995.
The Comptroller's Office, Division of Real Estate, has received a request
from Mr. Michael J. Schieber, on behalf of Cazenovia Park Hockey Association,
Inc. to renew the lease under the same terms and conditions for an additional
three years. The lessee has satisfied and complied with all terms conditions
of their present lease.
Therefore, I am recommending that Your Honorable Body approve the request
to renew the lease for an additional three years. I am further recommending
that the Corporation Counsel prepare the necessary lease renewal and that that
Mayor be authorized to execute the same.
Mr. Pitts moved:
That the communication from the Comptroller, dated October 12, 1995, be
received and filed; and
That the Comptroller be, and he hereby is, authorized to renew the lease
agreement between the City of Buffalo and Mr. Michael J. Schieber, on behalf of
Cazenovia Park Hockey Association, Inc., at former School 29, Room 29, for an
additional three year period under the same terms and conditions; to begin
September 30, 1995 and to expire on September 30, 1998. That the Corporation
Counsel shall be authorized to prepare the necessary lease renewal and that the
Mayor be authorized to execute the same.
PASSED
AYES - 11 NOES - 0
No. 12
TRANSWORLD SYSTEMS, INC.
(Collection Services)
C.C.P. # 137, July 25, 1995
The above item consists of introductory/informational materials
submitted by Transworld Systems, Inc. Your honorable body has requested a
reply from this office pertaining to potential use of this firm for
professional collection services.
This office is familiar with Transworld Systems, Inc., having reviewed
extensively a proposal submitted by the company in response to our RFP
(September 1993) for collection of delinquent Parking Violation fines. The
company was not chosen for the contract (ultimately awarded to Financial
Collection Agencies, Inc.). As indicated in a final report on our proposal
review and selection process, submitted to Council members in March 1994, the
company was rejected for the following reasons:
- A formal proposal was not submitted pursuant to the specifications of
the RFP;
-The company did not have the required three years previous experience in
the collection of parking fines;
- The company does not meet our criteria as a full-service collection
agency. It offers only a program of written notices over a period of 85 days.
This aspect of collection of City accounts is handled in-house. Our outside
referral of accounts is intended to procure full-scale collection activity that
the City cannot handle in-house (i.e.. telephoning, skiptracing, credit
reporting). For those services we would have had the option to continue on
with Transworld's affiliate, Credit management Services, which was bid at a
commission rate of 35% (11% higher than the company selected).
The company did not submit a proposal in response to our RFP issued in January
1994 for collection services on all accounts receivable other than parking
fines. That contract was recently awarded to Amana Capital Corporation.
To clarify the record, please be advised that Transworld Systems, Inc. is
more properly classified as a billing agency, rather than a collection agency.
REFERRED TO THE COMMITTEE ON FINANCE
No. 13
Results of Negotiations
388 Germania, NW Corner of Amelia
Vacant Lot: 301 x 901
Assessed Valuation: $2,100
The Office of the Comptroller, Division of Real Estate ' has received
a request from Timothy and Christina L. Schrader of 394 Germania Street,
Buffalo, New York, 14211, to purchase the above captioned City-owned property
for extra yard space.
An independent appraisal of the property was conducted by Mr. Charles S.
Vacanti, Appraiser, 3800 Harlem Road, Cheektowaga, New York 14215. He has
estimated the fair market value of the property to be Seven Hundred and Fifty
Dollars ($750), Twenty-Eight ($.28) cents a square foot. The Division of Real
Estate has investigated the sales of similar properties in the area. Sales
prices range from Twenty-Five ($.25) a square foot to Thirty-Six cents ($.36) a
square foot. The Division of Real Estate concurs with the appraisers estimated
value.
The results of our negotiations are that Mr. & Mrs. Schrader have agreed
and are prepared to pay Seven Hundred and Fifty Dollars ($750) for the subject
property. This represents an offer of twenty-eight cents (28) a square foot
for the subject property. They have also agreed to pay 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 388
Germania to Timothy and Christina L. Schrader in the amount of Seven Hundred
and Fifty Dollars ($750). 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 October 12, 1995, be
received and filed; and
That the offer of Timothy and Christina L. Schrader, of 394 Germania
Street in the sum of $750.00 (Seven Hundred and Fifty Dollars) to purchase the
property described as 388 Germania Street, be and hereby is accepted; and
That the Corporation Counsel shall prepare the necessary documents for
the transfer of title and that the Mayor be authorized to execute the same, in
accordance with the terms of sale upon which the bid was submitted, provided,
however,
That the appraisal requested by the City of Buffalo shall be paid by the
purchaser; and
That the transfer tax, recording fees and cost of legal description shall
be paid by the purchaser.
PASSED
AYES - 11 NOES - 0
No. 14
Certificate of Appointment
Appointment effective October 12, 1995 in the Department of Audit
and Control, Division of Accounting, to the position of Data Processing
Equipment Operator, Contingent Permanent (Status Change) Appointment at the
intermediate starting salary of $25,369.
Janet Sanfilippo, 215 Saranac Avenue,Bflo, N Y 14216
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
FROM THE PRESIDENT OF THE COUNCIL
No. 15
Appt. Member Citizens Advisory Board -
Select Superintendent of Schools
I received a request from the President of the Buffalo Board of
Education to appoint a member to the Citizen Advisory Council to select the
next Superintendent of Schools. I have selected Mr. Carl W. Turnipseed as that
individual.
Mr. Turnipseed is a Senior Vice President and the Manager of the Buffalo
Branch of the Federal Reserve Bank. He is a graduate from Morgan State
College; received his MBA from New York University and has participated in an
Executive Development Program at Columbus University. Mr. Turnipseed brings to
the selection process a wealth of knowledge and skills that is needed in this
kind of undertaking. I am certain that he will be a very valuable member of
the Citizen Advisory Council.
I am attaching a copy of his profile. If there are any questions of me,
kindly let me know.
RECEIVED AND FILED
FROM THE COMMISSIONER OF ASSESSMENT
No. 16
Audit-Assessment
Item No. 8, CCP #9/5/95
Prior to assuming the duties of Commissioner of Assessment I was
aware that a situation existed lending itself to errors of the sort evident in
the 1994-95 tax year where discrepancies between the final assessment roll and
the tax roll occurred. Therefore a program of recording all changes to the
final roll to allow for corrections to the tax billing in a more efficient and
accurate manner was instituted to prevent similar occurrences in the future.
This program was in place and operational prior to the audit report addressing
this issue.
The graph addresses the issue that the exempt portion of the total city
assessments is 33.4% of the total base which is considerably lower than the
traditional amount of 40% that has been the norm in the past. This decrease is
explained by the practice enlisted in the recent revaluation which directed the
greatest effort and attention to the updating and revising of the values on the
taxable portion of the tax base and curtailing the effort directed to the
exempt parcels. Consequently some values on exempt parcels were not adjusted
to properly reflect current market conditions or values.
Concerning real property system software, I am in agreement with the
auditor's observations on RPS with the further observation that the longer we
continue without correcting the deficiencies inherent in the system the more
difficult it will be to correct the problems when they are addressed. I would
also add that we should not dismantle the mainframe unit but work to a
practical application of the two until the state aid expires and another update
is required. This time would be well spent looking for a system that would be
more compatible with our mainframe for Auditing purposes. I have also observed
problems in the manner assignments have been made and the fact that a great
deal of talent is not being utilized in the most advantageous manner for the
benefit of the City. I am currently reworking the organization and staffing of
the Department with the intention of redefining jobs and responsibilities.
Realizing that some of these changes will not occur this year improvements are
being undertaken with the existing staffing.
Regarding assessment reductions and the Board of Assessment Review, a
review of the supervising assessor's memo records and notebook failed to reveal
memo or letters by the former Commissioner to the Assessment staff pertaining
to the Assessor's role regarding the management, direction or handling of
assessments, whether the assessment was that of the Assessor or a fellow
employee before the Board of Review. The fact that employees of this
department or city employees in general choose to place the decision regarding
their assessment with the Board of Assessment Review, rather than arbitrarily
lowering the value or speaking directly to the assessor, demonstrates the
integrity of all city employees.
The Department is pleased with the positive comments concerning the Tax
Division functions and the accuracy of those records and the objective of the
department is to institute internal reforms to guarantee a similar positive
rating for the entire department in future audits.
REFERRED TO THE COMMITTEE ON FINANCE
No. 17
Req Info - Banks & Exempt Status
Item #210, C.C.P. 10/3/95
The referenced bank that was wholly exempt under ECIDA from 1987
was Norstar, now known as Fleet. The last year this property was exempt under
the PILOT (payment in lieu of taxes) agreement was the 1993-94 fiscal year.
This property has been taxable since the 1994-95 tax year.
Currently, Key Bank's property, assessed as 564 Main, is subject to a
PILOT agreement. For fiscal year 1991-92 through and including 1993-94 no
payment was due. For the years 1994-95 through and including 2003-04, the
amount of payment is computed by multiplying the assessed value by the tax rate
for the year in question and multiplied by 50%.
Marine Midland's property, assessed as 95 Washington, is also subject to
a PILOT agreement. This payment is computed using a base year figure
multiplied by 6%, multiplied by the number of years the agreement has been in
effect.
These properties while having their city taxes determined by the agreed
upon PILOT terms, remain totally taxable for determining the sewer rent to be
paid. Therefore, the organization with a PILOT agreement may seek to lower the
assessed value to lower the sewer taxes to be paid. Additionally, if a PILOT
agreement formula uses the parcel's assessed value as a base for computing the
PILOT amount, the company will seek an assessment reduction to lower the
overall obligation.
PILOT agreements are worked out between ECIDA and the corporation. The
City has no direct input into the process. Once the agreement is settled,
ownership is transferred to ECIDA, an exempt organization. Therefore, the
City, as of the next tax year, places the property in the wholly exempt roll
and bills the corporation for the PILOT agreed upon amount.
REFERRED TO THE COMMITTEE ON FINANCE
No. 18
Involve Dept. Heads - Labor Negotiations
Item #73, C-type. 9/19/95
Since assuming the duties of Commissioner of Assessment, several
issues relevant to the above noted topic have required addressing. In some of
these instances the answers have been incomplete and lacking and therefore I
feel four primary issues should be addressed in the upcoming contract
negotiations to provide more precise guidelines for the benefit of both the
City and the union membership.
First, relating to the issue of overtime, a clear and definitive
interpretation is needed for the phase "job classification' when determining
who is eligible to be offered overtime given the specialization of titles and
duties in the white collar positions.
Second, employees should be required to call in at the start of their
shift to provide the department with sufficient time to adjust for staffing
needs. The union contention that the employee can call in even at the end of
the shift is not fair and equitable to the City nor the other employees.
Third, some clarification is needed as to what constitutes the basis for
"an emergency personal leave" day.
Fourth, there is a need for an incentive on the City's behalf to reward
employees that further their education to improve their job performance.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
FROM THE COMMISSIONER OF PUBLIC WORKS
No. 19
Notification Serial #8543
Install one-way Street Direction
Rabbi Street - eastbound from Perkiest Avenue
to Woodward Avenue
ONE-WAY STREET DIRECTION - INSTALL
conformity with Section 49 of Chapter 479 of the Ordinances of the City
of Buffalo, the City Engineer hereby notifies Your Honorable Body of this
action supplementing, amending, or repealing existing provisions of Chapter 479
of the Ordinances, as stated below, to be effective forty five days after the
first Council meeting at which they appear on the agenda as an item business.
That that part of Section 22 of Chapter 479 of Ordinances of the City of
Buffalo be supplemented by adding thereto the following:: ONE WAY STREET
DIRECTION
NAME OF STREET DIRECTION OF TRAFFIC MOVEMENT
Robie Street eastbound
from Parkside Avenue
to Woodward Avenue
One-way traffic by resident petition in order to alleviate the use of
this street as "Tum-Around' for vehicular traffic entering Delaware Park from
Parkside Avenue.
Notification Serial #8544
Repeal No Turn on Red Amherst Street,
westbound at Parkside Avenue
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 38 of Chapter 479 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 Eff. Period of
Time
Amherst Street Parkside Avenue 7:00 a.m. - 6:00 p.m.
traveling westbound Northeast corner Monday thru Friday
This action is being taken in conjunction with the installation of longer
"peak-hour" restrictions, and the addition of eastbound restrictions. (see next
serial)
Notification Serial #8545
Install No Turn on Red Amherst
Street at Parkside Avenue
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 of Time
Amherst Street Parkside Avenue 7:00 am - 7:00 pm
traveling eastbound southwest corner
Amherst Street Parkside Avenue 7: 00 am - 7: 00 pm
traveling westbound northeast comer
This action is being taken to allow for safer pedestrian access to/from
the Zoo/Delaware Park area.
Notification Serial #8546
Repeal No Turn on Red Parkside Avenue,
northbound at Amherst Street
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 38 of Chapter 479 of the
Ordinances of the City of Buffalo be supplemented by repealing therefrom the
following: Turns Prohibited Facing Steady Red Signal
Vehicles on at lntersection of Effective Period of Time
Parkside Avenue Amherst Street 7:00 a.m. - 6:00 p.m.
traveling northbound southeast corner Monday thru Friday
This action is being taken in conjunction with the installation of longer
"peak-hour" restrictions. (see next serial)
Notification Serial #8547
Install No Turn on Red Parkside Avenue,
northbound at Amherst Street
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 1 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 of Time
Parkside Avenue Amherst Street 7:00 am - 7:00 pm
traveling northbound southeast corner
This action is being taken to allow for safer pedestrian access to/from
the Zoo/Delaware Park area.
REFERRED TO THE COMMITTEE ON LEGISLATION
No. 20
Bond Cancellation;
189 Delaware Avenue
It is hereby certified that the bond described below be cancelled:
Principal: Kings Court Restaurant, Inc.
Surety: Western Surety Company
Amount; $5,000,000
Dated: August 7, 1992
Structure: Obstruction, Sidewalk Cafe
Location: 189 Delaware Avenue
This bond is no longer necessary due to the fact the encroachment has
been removed from City right-of-way. The above captioned bond should be deemed
released and cancelled as to future liability in accordance with the provisions
of the City ordinances.
RECEIVED AND FILED
No. 21
Report of Audit
Recycling Blue Boxes
Item No. 20, C.C.P. 9/5/95
I have reviewed the Report of Audit that was filed with Your Honorable
Body by the Comptroller. This audit pertains to the cost and distribution of
the Recycling Blue Boxes. This office concurs with the recommendations in the
Comptroller's audit.
REFERRED TO THE COMMITTEE ON FINANCE
No. 22
Report of Bids
Watermain Installation along Buffalo
River from Spann Street to Pierce Street
As authorized by your Honorable Body in CCP No. 96 of November
29, 1994, plans and specifications were prepared and sealed proposals accepted
for Installation of New 8" Watermain along the Buffalo River from Spann Street
to Pierce Street.
I submit the following report of all bids received which were opened in
my office at I 1:00 a.m. on September 22, 1995:
Base Bid Alt. A
Kandey Company, Inc.
19 Ransier Drive
West Seneca, NY 14224 $ 212,185.00 $ 24,808.00
Nichter Const. Co., Inc.
344 Vulcan Street
Buffalo, New York 14207 $ 223,380.00 $ 21,700.00
Dorsch Constr. Co., Inc.
13268 Dorsch Road
Akron, New York 14001 $ 249,183.00 $ 18,309.00
Visone Construction, Inc.
79 Sheldon Avenue
Depew, New York 14043 $ 257,597.50 $ 20,239.00
E & R General Constr., Inc.
38 St. David's Drive
West Seneca, NY 14224 $ 310,350.00 $ 29,835.00
I hereby certify that the foregoing is a true and correct statement of
all bids received and that Kandey Company, Inc. 19 Ransier Drive, West Seneca,
New York is the lowest responsible bidder complying with the specifications for
Installation of New 8" Watermain along the Buffalo River from Spann Street to
Pierce Street with their bid of $ 212,185.00.
I respectfully request that your Honorable Body authorize the
Commissioner of Public Works to enter into a contract with Kandey Company, Inc.
for Installation of New 8" Watennain along the Buffalo River from Spann Street
to Pierce Street, the cost thereof to be charged to the Division of Water's
Capital Project Account 416-983-004-00-000 in the amount of $212,185.00 for the
base bid and $24,808.00 for Alternate A plus $23,699.30 for approved unit
prices for a total encumbrance of $260,692.30.
The engineer's estimate for this work was $290,000.00.
Mr. Pitts, moved:
That the communication from the Department of Public Works, dated
September 29, 1995, be received and filed; and
That the Commissioner of Public Works be, and he hereby is, authorized to
award a contract for Watermain Installation along Buffalo River from Spann to
Pierce Streets to Kandey Company, Inc., the lowest responsible bidder in the
amount of $212,185.00 for the base bid and $24,808.00 for Alternate A plus
$23,699.30 for approved unit prices for a total encumbrance of $260,692.30;
with said cost to be charged against the Division of Water's Capital Project
Account 416-983-004-00-000.
Passed
AYES - 11 NOES - 0
No. 23
Permission to Engage the Services of a
Consultant Engineer for the Preparations of Plans, Specification, Contract
Documents and Inspection
for Phase I-A of the Squaw Island Closure Project
I hereby request the permission of Your Honorable Body to engage
the professional services of a consultant engineering firm to prepare
construction plans, specifications, contract documents, to receive bids and
provide construction inspection for Phase I-A of the Squaw Island Closure Plan
and Park Development Project.
Funds for required professional service contract will be available from
the proceeds of the next capital bond sale. Construction funding for Phase I-A
is scheduled in the 1995-1996 capital improvement budget and will be available
once the bonds are sold.
REFERRED TO THE COMMITTEE ON FINANCE
No. 24
Newsstand; Delaware and Hertel Avenues
Item No. 212; October 3, 1995
Mr. David T. Kompson, 1054 Elmwood Avenue, was a letter addressed
to the Commissioner of Public Works, has requested permission to operate a
newsstand located entirely within City right-of-way at the southeast corner of
Hertel and Delaware Avenues.
Mr. Kompson claims the actual structure was built at his direction in
1979 at a cost of $10,000. No building permit or other documentation has been
provided to bolster this claim.
The Department of Public Works has reviewed Mr. Kompson's request
pursuant to Chapters 289 (Newsstands) and 413-67 (Encroachment Regulations) of
the City Ordinances and has no objection to the use of City right-of-way
provided the following conditions are met:
1. That the applicant sign a lease agreement with the Division of Real
Estate similar to the existing newsstand lease agreement for Broadway and
Fillmore Avenue dated May 1, 1991 with the exception that the annual fee of
$1,200 be changed to $1,460.00 which is a 5% per year increase to reflect
inflation.
2. That the applicant provide documentation showing the newsstand was
constructed at his cost as opposed to public funding (i.e. block grant money,
Community Development, Urban Renewal).
REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD AND THE
COMPTROLLER.
No. 25
112 West Chippewa Street
Sign Within Right-of-Way
Mr. Stephen Drost, owner of Mojo's Restaurant, located at 112
West Chippewa Street, has requested permission to install a sign which would
encroach City right-of-way at said address.
The proposed sign would be attached perpendicular to the building face
and measure four feet (41) in height and length.
The Department of Public Works has reviewed Mr. Drost'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 sign be installed exactly as shown on plans submitted to
by
and approved the Department of Public Works, Division of Buildings.
3. 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 sign.
REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD
FROM THE COMMISSIONER OF POLICE
No. 26
Request for Info: Curfew
#223 C.C.P. 10/3/95
One hundred and forty-seven citations were issued in calendar
year 1994 and eighty-five citations were issued this year (to date) for curfew
violations. It is estimated that warnings from officers are used between eight
and ten times the number of citations.
Eighteen individuals have been cited twice and citations issued to
multiple parties at one location have been utilized eleven times. As stated
earlier, it is my opinion that the curfew is a tool that can be used by
officers for specific problems.
In 1994, Erie County Department of Social Services committed to assisting
the City of Buffalo in contracting with and funding two organizations that
would be staffed until 5:00 am for officers to drop off curfew violators. That
project was moved to the Division of Youth (Erie County) and only last month
was a grantee selected, however funding was not available for staffing. We
have been working with the Bob Lanier Center and My Brothers Keeper (awardees)
to develop a system for them to respond to our requests in dealing with a
curfew violator that we are unable to return to his/her home or guardian. This
has always been an important component of the curfew law and we are hopeful
that this joint venture with the County of Erie will be successful.
The Buffalo Police Department has no records on court ordered sanctions
or counseling.
REFERRED TO THE COMMITTEE ON LEGISLATION
No. 27
F. Fabozzi & O-Complaints
300 Carolina Street"
Item #101, C.C.P., Oct. 3, 1995
I have recieved the correspondence and have contacted the Fabbozzi's
for a meeting.
REFERRED TO THE COMMITTEE ON LEGISLATION
No. 28
Overtime in Central Booking
In reviewing the audit for overtime in Central Booking, the following
information should assist The Council. In 1994 four (4) police officers were
returned to patrol duty from assignments in Central Booking. This was done
under the continuation of reviewing desk or administrative positions that were
being performed by police officers whose training and skills could be better
utilized in enforcement duties. The Assistant Chief of Detectives Office (24
hour operation) was moved from the third flood to Central Booking in order to
provide closer supervision on all shifts.
All prisoner property has always been maintained by the Buffalo Police
Department for all time, a huge and costly expense in personnel and storage.
An agreement was reached this year with the Erie County Sheriff and City Court
to transfer property at the time of arraignment to either the defendant, if
he/she was released, or the Sheriff. This is done by a Report Technician.
The audit fails to take into account the fact that the Report Technicians
in Central Booking also provide meal and break relief to the telephone
operator.
Also attached is a copy of my letter to the Comptroller regarding this
audit.
REFERRED TO THE COMMITTEE ON FINANCE
No. 29
Contract with Dr. Perna
CCP #68 June 27 and
CCP #65 July 11
Please be advised that I concur with the original contract created
by the Corporation Counsel in reference to Dr. Anthony Perna and the Buffalo
Police Department. My understanding is that the contract has met all
requirements of Labor Relations and the Corporation Counsel. Therefore, I wish
to move forward with the contract at this time.
RECEIVED AND FILED
FROM THE CORPORATION COUNSEL
No. 30
Dr. Perna Medical Services
Item No. 68, C.C.P., 6/27/95
You have requested a response from the Law Department regarding
the agreement to indemnify Dr. Perna. Dr. Perna has offered his services to
the Buffalo Police Department on a voluntary basis.
The Law Department finds no problem with the agreement to indemnify Dr.
Perna. Dr. Perna will be acting in an advisory capacity only. He will not be
the treating physician on any case and will serve only to supplement the advice
of the primary treating physician, There will be no formal doctor/patient
relationship between Dr. Perna and the subjects of his consultations. There
should be no indemnity or liability issues raised in connection to his
participation. The Buffalo Police Department and the Labor Relations Division
will have to determine precisely what his role will be.
Mr. Pitts moved:
That the communication from the Department of Law, dated October 12,
1995, be received and filed; and
That the Commissioner of Police be, and he hereby is, authorized to enter
into an agreement to indemnify Dr. Anthony Perna for his services to the
Buffalo Police Department on a voluntary basis, subject to the amendment of
Clause No. 8 of the Agreement between the City of Buffalo and Dr. Anthony Perna
to read "The term of this Agreement may be renewed for successive one year
terms by mutual consent of Dr. Anthony Perna, the Police Commissioner and the
City of Buffalo."
PASSED
AYES - COPPOLA, CZAJKA, FRANCZYK, HELFER, LOCKWOOD, LOTEMPIO, PERLA, PITTS,
ZUCHLEWSKI - 9 NOES - ARTHUR, BELL - 2
FROM THE COMMISSIONER OF COMMUNITY DEVELOPMENT
No. 31
Report of Bids - Facade Repairs
Former Polish Singing Circle Building
On Tuesday October 10, 1995 at 11:00 a.m. our department received
and opened the following sealed bids for facade repairs to the Historic Polish
Singing Circle Building at Broadway and Rother Street;
1. Zak Construction $24,215.00
145 Belmont Avenue
Buffalo, New York 14223
2. Wilsandra Construction $30,600.00
300 Camden Avenue
Buffalo, New York 14216
3. G.T. Stay Co., Inc. $32,800.00
255 Great Arrow
Buffalo, New York 14207
Work to be done includes door replacements, window repairs, painting,
metal trim, concrete stoop, etc. The architects estimate for this work was
$26,500. Funds for construction are available in Community Development & Bond
Fund #200-717-046.
I therefore recommend that Your Honorable Body authorize the Commissioner
of Community Development to award a contract to Zak Construction for $24,215 in
accordance with their low bid.
Mr. Pitts moved:
That the communication from the Department of Community Development,
dated October II, 1995, be received and filed, and
That the Commissioner of Community Development be, and he hereby is,
authorized to award a contract for Facade Repairs to the Historic Polish
Singing Circle Building to Zak Construction, the lowest responsible bidder in
the amount of $24,215.00; with said cost to be charged against Community
Development and Bond Fund #200-717-046.
PASSED.
AYES- 11 NOES- 0
No. 32
Report of Informal Bids
Exchange Street Tree Planting
The Department of Community Development requested and received
the following informal proposals on October 5, 1995, for "Exchange Street Tree
Planting":
CONTRACTOR BASE BID
Seasonal Landscape $2,875
238 Lein Road
West Seneca, New York 14224
Gleason's Nursery, Inc .$3,525
4780 Sheridan Drive
Williamsville, New York 14221
Pine Ridge, Inc. $5,625
P.O. Box 141
7135 Davis Road
West Falls, New York 14170
Johnstone Landscape Service $5,750
2508 Stoney Point Road
Grand Island, New York 14072
Laguerre Landscaping & Tree Removal $7,200
87 Madison Street
Buffalo, New York 14206
Birch Grove landscaping Bid
P.O. Box 117
East Aurora, New York 14052
Alden Evergreen Nursery No Bid
12648 Main Street
Alden, New York 14004
Designer's Estimate $3,750
The foregoing is a true and correct abstract of all bids received and
Seasonal Landscape, 238 Lein Road, West Seneca, New York 14224 is the lowest
responsible bidder in the amount of $2,875. Funds for this work are available
in C.P.A. 200-717-013.
This contract will plant 25 Maples on Exchange Street between Michigan
and Louisiana Streets. Since the conclusion of the planting season is late
November, immediate approval will greatly assist in having the trees planted
this fall.
I, therefore recommend that Your Honorable Body authorize the
Commissioner of Community Development to order the work by Seasonal Landscape,
in the base bid amount of $2,875.
Mr. Pitts moved:
That the communication from the Department of Community Development,
dated October 5, 1995, be received and filed; and
That the Commissioner of Community Development be, and he hereby is,
authorized to award a contract for Exchange Street Tree Planting to Seasonal
Landscape, the lowest responsible bidder in the amount of $2,875.00; with said
cost to be charged against C.P.A. 200-717-013.
PASSED.
AYES- 11 NOES- 0
No. 33
Report of Informal Bids
Tree Planting Various Areas
The Department of Community Development requested and received
the following informal proposals on October 5, 1995, for tree Planting Various
Areas":
CONTRACTOR BASE BID
Seasonal Landscape $2,010
238 Lein Road
West Seneca, New York 14224
Gleason's Nursery, Inc. $3,564
4780 Sheridan Drive
Williamsville, New York 14221
Pine Ridge, Inc. $4,079
P.O. Box 141
7135 Davis Road
West Falls, New York 14170
Laguerre Landscaping & Tree Removal $4,266
87 Madison Street
Buffalo, New York 14206
Johnstone Landscape Service $5,430
2508 Stoney Point Road
Grand Island, New York 14072
Birch Grove LandscapingNo Bid
P.O. Box 117
East Aurora, New York 14052
Alden Evergreen Nursery No Bid
12648 Main Street
Alden, New York 14004
Designer's Estimate $3,000
The foregoing is a true and correct abstract of all bids received and
Seasonal Landscape, 238 Lein Road, West Seneca, New York 14224 is the lowest
responsible bidder in the amount of $2,010. Funds for this work are available
in C.P.A. 200-717-010.
This contract will plant 3 Lindens on Court and Franklin, 3 Lindens on
Purdy an Elsie, 1 Maple on Sanders Road and 13 Pines at Lafayette Park. Since
the conclusion of the planting season is late November, immediate approval will
greatly assist in having the trees planted this fall.
I, therefore recommend that Your Honorable Body authorize the
Commissioner of Community Development to order the work by Seasonal Landscape,
in the base bid amount of $2,010.
Mr. Pitts moved:
That the communication from the Department of Community Development,
dated October 5, 1995, be received and filed; and
That the Commissioner of Community Development be, and he hereby is,
authorized to award a contract for Tree Planting Various Areas to Seasonal
Landscape, the lowest responsible bidder in the amount of $2, 01 0. 00; with
said cost to be charged against C.P.A. 200-717-010.
PASSED.
AYES- 11 NOES- 0
No. 34
Information - Report of Informal Bids
Niagara Street Tree Planting & Removals
Virginia to Porter
Your Honorable Body referred the above captioned report of bids
to the Finance Committee and inquired as to why the project was bid informally,
and requested more detail on the scope of work.
The project was bid informally because it was estimated to cost $8,250
which is under the $20,000 informal bid limit. By bidding informally we can
keep the cost lower, because bid and performance bonds are not required, which
are an added cost to the contractors. Also the bidding period can be decreased
from two weeks for a formal bid to one week. With winter fast approaching,
every week saved improves the possibility of having the work completed this
year.
The exact scope of work is planting 45 Greenspire Lindens on Niagara
Street, where curb and walk replacement is presently underway; from Virginia to
Porter. Exact locations were selected in coordination with the Department of
Human Services Parks and Recreation. Locations are changing every week since
the bid opening because this office is receiving calls from property owners, in
the area of work, requesting or refusing trees.
Dead or hazardous trees at 514, 549 and 578 Niagara will be removed under
this contract and a stump will be ground at 472 Niagara.
Hopefully this reply addresses all the concerns of Your Honorable Body.
REFERRED TO THE COMMITTEE ON FINANCE.
FROM THE COMMISSIONER OF STREETS
No. 35
Mowing Private Lot Costs
#41, C.C.P. October 3, 1995
In answer to "Mowing Private Lot Costs", I am recommending increasing
the fee charged by the City for cutting privately owned lots.
I am recommending that the minimum charge should be increased to $75.00
per lot, and the maximum charge should be $150.00 depending on size or
condition of lot.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 36
Remove From Assmt. Roll
Grass and Weeds
If the Honorable Body could have the following properties removed
from the Assessment Roll:
88 Peckham - Invoice number ARGO0262 94, - Owner Northeastern Conference, 300
Adams, Buffalo for $50.00. Our Supervisor reported to us that the property
located at 88 Peckham was incorrectly billed, that the City cut the vacant lot
located next to 88 Peckham.
301 Monroe - Invoice number ARGO0255 94, - owner Northeastern Conference, 300
Adams, Buffalo for $50.00. Our Supervisor reported to us that the City did not
cut the fenced in property located at 301 Monroe, but that the City did cut the
City owned lot located behind it.
248 Adams - Invoice number ARGO0257 94, - owner Northeastern Conference 300
Adams, Buffalo, for $50.00. Our Supervisor reported to us that the following
property located at 248 Adams was not cut by the City. However the City owned
1 lot located next to 248 Adams was cut.
Mr. Pitts moved:
That the communication from the Department of Street Sanitation, dated
October 10, 1995, be received and filed; and
That the Common Council approves the cancellation of grass cutting
charges in the amount of $50.00 at 88 Peckham, Invoice Number ARGO0262 94; and
That the Common Council approves the cancellation of grass cutting
charges in the amount of $50.00 at 301 Monroe, Invoice Number ARGO0255 94; and
That the Common Council approves the cancellation of grass cutting
charges in the amount of $50.00 at 248 Adams, Invoice Number ARGO0257 94; and
That the Common Council requests the Commissioner of Assessment to remove
the charges from the assessment rolls and the Commissioner of Street Sanitation
to correct his records to indicate the removal of these charges.
PASSED.
AYES- 11 NOES- 0
No. 37
Recycling Blue Boxes
Com. 20, C.C.P. September 5, 1995
Relative to "Recycling Blue Boxes" (Com. 20, C.C.P. September
5, 1995) I wish to advise that the Department of Street Sanitation has no
problems with the recommendations proposed.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 38
Info- Appt. Supv. St. San. I
#91, C.C.P. July 25, 1995
In answer to why the appointment of Nicholas Tomasulo was made
at the intermediate level, I wish to state that Mr. Tomasulo should be
compensated at the intermediate level based upon his years and experience in
the department and his excellent leadership qualities.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
No. 39
Certificate of Appointment
Appointment Effective October 2, 1995 in the Department of Street
Sanitation Department, William J. Deschenes, 98 Laurentian Drive, Cheektowaga,
NY 14225 to the Position of Truck Driver, Permanent, at the maximum Starting
Salary of $24,914.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE, THE CORPORATION COUNSEL AND THE
CIVIL SERVICE COMMISSION.
FROM THE COMMISSIONER OF NEIGHBORHOODS, HOUSING AND INSPECTIONS
No. 40
Prop. Work Flow System - Hsg. Court Fines
Item. No. 19, C.C.P. 9/19/95
In response to the above stated Common Council communication I
would like to supply your Honorable Body with the following information. As
you are all well aware the Department of Neighborhoods Housing and Inspections
works very closely with City Court. This is especially true of our ongoing
relationship with the Housing Court. Several meetings have taken place for
discussion purposes relating to the proposed work flow now under review by your
Honorable Body. We are in agreement with the proposal. The implementation of
this program will hopefully enhance the collection of the fines due to the City
of Buffalo. It is my sincere hope that this response satisfies your inquiry.
RECEIVED AND FILED.
No. 41
Req. Ordinance - Temp.Dwellings
Item No. 163, C.C.P. 6/13/95
In response to the above stated Common Council communication I
wish to supply you Honorable Body with the following information. We in the
Department of Neighborhoods and Housing are in agreement with the intent of the
resolution sponsored by Coucilmember Alfred Coppola. The Section of the Zoning
ordinances dealing with the storage of recreational and motor vehicles should
be addressed and updated to reflect the real problems that exist today. It is
my sincere pleasure to lend support to needed revisions to our code.
RECEIVED AND FILED.
No. 42
Questions on Permit Fees For Driveways
Item No. 199, C.C.P. 9/5/95
In response to the above stated Common Council communication I
would like to supply your Honorable Body with the following information. In
years past former administrators of the Permit Office arbitrarily segregated
permits for paving and fences. The reason for this work being excluded from
Permit requirements is unknown. The Code of the City of Buffalo does not
specifically describe types of repair work being performed. All types of
repair work exceeding five hundred dollars in value requires a building permit.
It is my sincere hope that this response satisfies your inquiry.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 43
Report of Emergency Bid for Chimney Removal
at 877 E. Delavan Ave. aka School No. 23
Due to the very serious and hazardous condition located on the
property known as 877 East Delavan Avenue, aka School No. 23, our department
solicited bids for the removal of the tall chimney on the southside of the
building to level making chimney structurally safe. our department also ordered
the erection of 450 feet of chain link fencing around the perimeter of the
"old" building. Please be advised therefore that offers were solicited on
September 1, 1995 and that the contract will be awarded to the lowest
responsible bidder:
ADDRESS AND OWNER CONTRACTOR//AMT. OF BID
877 East Delavan Avenue Kimmins Industrial Services
aka School No. 23 $14,500.00
City of Buffalo
We, therefore, respectfully report that these costs will be charged to
our department's Capital Outlay Account #100-241-085-00-900.
Mr. Pitts moved:
That the communication from the Department of Neighborhoods, Housing and
Inspections, dated September 6, 1995, be received and filed; and
That the award by the Commissioner of Neighborhoods, Housing and
Inspections of a contract to Kimmins Industrial Services at a cost of
$14,500.00, relating to the removal of the chimney on the southside of 877 East
Delavan Avenue, a/k/a School No. 23, is hereby confirmed, ratified and
approved, with said cost to be charged to the Capital Outlay Account
#100-241-085-00-900.
PASSED.
AYES- 11 NOES- 0
No. 44
Home Rental Rehabilitation
45-58 Allen Street
I am respectfully requesting your approval for a total of $160,000
of Home Rental Rehab. Funds for the property located at 45-58 Allen Street.
NOTE: These funds will be loaned at 4% for 15 years (see attached BURA
item).
48-58 Allen Owners: Michael L. Joseph
1430 Millersport Highway
Williamsville NY 14221
REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT.
No. 45
Home Rental Rehabilitation
2409 Delaware Avenue
I am respectfully requesting your approval for a total of $60,000
of Home Rental Rehab. funds for the property located at 2409 Delaware.
NOTE: These funds will be loaned at 4% for 15 years (see attached BURA item).
2409 Delaware Owners: Theodore E. Backus
210 Summer Street
Buffalo NY 14222
Carl S. Gmerek
4585 Hedgewood
Clarence NY 14031
REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT.
No. 46
Develop. Plan Review Process
Item No. 79 C.C.P., 9/5/95
In response to the above stated common council communication.
I wish to supply you honorable body with the following information. We in the
Department of Neighborhoods, Housing and Inspection are in agreement that the
State Environmental quality review (SRQR) should be part of the building permit
issuing process and should be in accordance with existing State regulation (sec
617) of the State Environmental quality review act.
We understand that a proposed charter amendment for compliance has been
prepared and is on file with the Law Department and the Department of Community
Development, Division of Planning. We highly recommend that the City of
Buffalo consider the adoption of its own procedures for compliance with the
State Law in order to avoid any confusion in the future relative to process and
compliance with State mandates. Implementation should be coordinated by the
office of Environment.
In reference to the site plan review and city wide design standards. I
strongly support the fostering of a design and review process that does not
impede the timely implementation of the project yet encourages a sensitivity to
the existing Urban Fabric if any potential use. We would be more than willing
to help establish such a program, as it would protect quality of life issues
not currently addressed by Zoning Codes. It is my sincere hope that this
response satisfies your inquiry.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 47
Fargo Block Club Opp. Comm. Enter.- 252 Connecticut
Item No. 162, C.C.P. 9/5/95
In response to the above stated Common Council communication,
I would like to supply your Honorable Body with the following information. We
in the department of Neighborhoods Housing and Inspections have received a copy
of the petition signed and submitted by the Fargo Block Club. As a result of
this communication, and because of a pending license application this property
was inspected on August 31, 1995 by Building Inspector Samuel Palmisano.
Inspector Palmisano was accompanied on this inspection by Chief Building
Inspector Ronald Magrum. The take out restaurant license application was
approved by Inspector Palmisano. We in the Department of Neighborhoods Housing
and Inspections sympathizes with the plight of Fargo Block Club. The
particulars mentioned in their communication are the jurisdiction of the Police
Department. As a matter of right this department had no legal grounds to deny
this license. It is my sincere hope that this response satisfies your inquiry.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 48
Questions on Permits for Construction
Ammex Duty Free Shop
In response to the above stated Common Council communication I
would like to supply your Honorable Body with the following information.. We in
the Department in Neighborhoods and Housing are in total agreement with the
resolution dealing with inspectors jurisdiction as it pertains to the newly
constructed AMMEX duty free store. The Construction of this building was said
to be exempt from building plan review, and building permits. Also the
installation of the heating system, electrical system and the plumbing system
were installed with out our approval of the layout or installation of these
systems. It its also our understanding that this and other buildings erected
that are not subject to our permit process are entitled to the services such as
fire protection that are provided by the City. Your request for copies of
permits for new construction, plumbing, electric, and heating cannot be
supplied because no records exist. According to an opinion delivered to our
office on or about August 2, 1995, from the Department of Law We in the
Department of Neighborhoods and Housing have no jurisdiction in the planning,
construction or operation of facilities such as these. It is my sincere hope
that this response satisfies your inquiry.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 49
Request for Increase In Pre-Demolition
Asbestos Removal Costs - 1500 Genesee
We respectfully request approval by your Honorable Body to increase
the pre-demolition asbestos removal costs in the amount of $200.00. The
asbestos abatement company encountered an additional 200 square feet of
asbestos on the left side of the house under the roof and this was verified by
our department.
The total cost of this project will be $5,055.00. The amount of $4,855.00
was reported in CCP Item #82 dated 9/5/95.
The total cost of the project, $5,055.00, will be charged to this
department's Capital Outlay Account #100-241-085-00-900.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 50
Request to Rescind Demolition
Costs for 225 Baynes and 858 Tonawanda Streets
Item #84, CCP, 9/5/95
Please rescind the request as stated in CCP Item #84 dated 9/5/95
to cover the costs for the demolition of the above-stated properties. The
costs for demolition of these structures will be paid through Block Grant
Funds.
CCP Item #84 dated 9/5/95 approved the use of the Capital outlay Account
#100-241-085-00-900.
Mr. Pitts moved to separate the above item; seconded by Mr. Bell.
Mr. Pitts now moved that the request of the Commissioner of Neighborhoods,
Housing and Inspections to cover the cost for demolition for 225 Baynes in Item
No. 84, CCP, 9/5/95 to be paid from Capital Outlay Account 100-241-085-00-900
be and hereby is rescinded and the Commissioner be and hereby is authorized to
pay the demolition cost of 225 Baynes through Block Grant Funds instead.
PASSED
AYES- 11 NOES- 0
Mr. Pitts moved that the request of the Commissioner of Neighborhoods,
Housing and Inspections relative to the costs of demolition of 858 Tonawanda be
referred to the Committee on Finance.
ADOPTED.
No. 51
Liquor License Applications
Item #78, C.C.P. 9/19/95
In regards to Item #78, C.C.P. 9/19/95 applications for Restaurant,
Music and Coin Controlled Amusement Devices were mailed to John Bona III, dba J
B 3, Inc., 1180 Hertel Avenue.
REFERRED TO THE COMMITTEE ON FINANCE.
FROM THE COMMISSIONER OF ADMINISTRATION AND FINANCE
No. 52
Audit -- Assessment
Item No. 8, CCP, 9/5/95
I believe that the Comptroller's audit of the Department of Assessment
is very good work, and would recommend that the Commissioner consider all
recommendations seriously.
I am particularly concerned about the frequency and likelihood of
properties being reassessed at lower values, as it shows that Buffalo's tax
base continues to shrink. In fact, looking around the state, assessed values
(and thus tax bases) in other cities have decreased significantly in the last
1-3 years: I am attaching data that demonstrate this. We believe that this
will occur in Buffalo at some point soon, and that this will restrict our
ability to use property tax revenue to pay for City and school operations; it
is possible that the constitutional taxing limit would drop to our current levy
or even below it. Commissioner Sole is, obviously, aware of this trend.
It is for this reason that the "user fee" concept has been raised and
will continue to be raised in the future. Unless the City can arrive at ways
to pay for services outside of the property tax--and to ask for payment from
those who are currently exempt from property taxes, but use City services--we
will encounter serious problems.
I trust this answers your inquiry, and would be happy to discuss the
matter further.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 53
Report- Audit - Police Overtime
Item No. 11 C.C.P. 10/3/95
I would support further investigation of the recommendations presented
in the comptroller's audit; certainly if a job can be filled on straight time
rather than on overtime, we would do so. There may also be issues that exist
relative to job stress that need to be figured in, as they would affect
employees no matter what the staffing levels were. Last, I would defer to the
response of the Police Commissioner as far as the recommendation concerning
staffing levels; I will be meeting with him shortly to discuss the matter.
I trust this answers your inquiry.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 54
Sentry Pkg-Part. in Bidding Parking Concessions
Item No.93 C.C.P., 10/3/95
This administration supports the notion of competition as regards
the management of parking facilities. I would welcome any outside interest in
doing so. As far as the corporation counsel's response to Sentry Parking
filing a bid, I would have to defer to them, and would also refer the matter to
General Services and to the Parking Board.
I trust this answers your inquiry.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 55
A.Brooker & O-Parking Problems at 352-354 Franklin
Item No. 100 C.C.P. 10/3/95
I have referred this matter to PVB Director Sciolino for his attention.
Should the solution require a change in the types of parking provided along
Franklin Street, your honorable body will need to be involved as well; I am
hopeful, though, that there might be a solution that does not require the same.
I trust this answers your inquiry.
REFERRED TO THE COMMITTEE ON LEGISLATION AND THE COMMISSIONER OF ADMINISTRATION
AND FINANCE.
No. 56
Memorandum of Agreement
City of Buffalo and Local 2651, AFSCME, AFL-CIO
Medical In-Lieu Payment
Attached please find a Memorandum of Agreement between the City
of Buffalo and Local 2651, AFSCME, AFL-CIO, which provides a medical in-lieu
payment for those employees who have family medical insurance coverage as a
result of alternate employment. At the present time, employees are allowed to
waive their City medical insurance coverage only if their spouse has family
medical insurance coverage.
Since this Agreement will result in a cost savings to the City, your
approval is respectfully requested.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
No. 57
Dr. Anthony Perna Offer Services to Police Department
Item No. 68, CCP, 6/27/95
Item No. 65, CCP, 7/11/95
I have reviewed the contract for services to be provided by Dr.
Anthony Perna, and discussed his use with the Police Department Administration.
In the limited capacity of independent medical reviews and consultations,
the use of Dr. Perna should not create a conflict or a protest from the
Bargaining Units vis-a-vis our current I.O.D. (Buffalo General) and employment
(Civil Service Physician) medical services and procedures.
Our thanks to Dr. Perna for reaching out to us to make this generous
offer of himself.
RECEIVED AND FILED.
No. 58
Certificate of Appointment
Appointment effective 10/5/95 in the Department of Administration
& Finance, Division of Treasury, Christine A. Schalberg, 337 St. Lawrence
Street, Buffalo, New York 14216, to the Position of Teller, Permanent, at the
Intermediate Starting Salary of $24,407.00.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
FROM THE COMMISSIONER OF HUMAN SERVICES,
PARKS AND RECREATION
No. 59
Broderick Park Rent Reduction
#106,CCP, May 30, 1995
#92, CCP, Sept.19,1993
The Department of Human Services, Parks and Recreation concurs
with Mr. Donald Spaiano's request for a rent reduction of $2,000.00 at the
Broderick Park- Concession, (See copy attached of the Spasianio's letter.)
Please be advised that Mr. Spasianio's rent was paid as billed for the
1st half (upon opening) in the amount of $3,000.00. See AR000048 - Dated
6/30/95, Delay of final completion/acceptance of the new building did result
in a late start for the vendor. Also note the vendor did not, and assured us
that he has no intention, of presenting any type of claim for any type of
start-up expenses incurred by him in the initial setup of the concession
operation.
Further, the concession operation at this new site seems to have taken
off to a successful start this past summer season. We are., therefore,
requesting your Honorable Body to approve the rent reduction for the 1995
Season and look forward to a prosperous operation over the next three (3)
option years with Mr. Spasiano.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 60
Req. Info.-Golf Receipts
Item #220, C.C.P. September 19, 1995
I have been asked to respond to the above referenced matter.
Weather permitting, our three Golf Courses are scheduled to remain open
until the end of October.
Following the closing of the Golf Courses, representation of the of the
Comptrollers Office, Audit, and Human Services, Parks and Recreation will
evaluate the season and workings of the new system, compile a report and submit
same to your honorable Body.
REFERRED TO HE COMMITTEE ON FINANCE.
No. 61
Auction of Vehicles/Equipment
On October 20th and 27th, the Department of General
Services will be conducting an auction for the sale of surplus vehicles and
equipment from the Department of Streets Sanitation, Police, and various
others. We are requesting your approval prior to the sale, to dispose of these
items to the highest responsible bidders. The approval is necessary so that we
may facilitate the disposal of these vehicles to prevent any vandalism.
Photographs of the items will be taken before the sale. A list of said
vehicles/equipment is attached. If your Honorable Body wishes, we would have
all auction items available for your viewing prior to the auction.
Mr. Pitts moved:
That the communication from the Department of General Services, dated
October 5, 1995, be received and filed; and
That the Commissioner of General Services be, and he hereby is,
authorized to dispose of various vehicles/equipment at public auction on
October 20 and 27, 1995, to the highest responsible bidders.
PASSED.
AYES- 11 NOES- 0
FROM THE COMMISSIONER OF GENERAL SERVICES
No. 62
Waiver of Performance Bond
Contract 6787 - Lads Pet Supplies
Dog Food for the City of Buffalo, Agencies & Auth.
Formal bids were opened on August 2, 1995 for the above contract,
after being advertised in the Buffalo News and several smaller publications.
Lads Pet Supplies, 1393 Wisconsin Road, Derby, New York, was the only bidder.
I am requesting permission to waive the requirement of a performance
bond, since the Company is small and is unable to obtain a bond. We have
regularly purchased dog food from this vendor and find them reliable. The
amount bid was $12,436.50 for fiscal year ending June 30, 1996.
Mr. Pitts moved:
That the communication from the Department of General Services, dated
October 11, 1995, be received and filed; and
That the Commissioner of General Services be, and he hereby is,
authorized to waive a performance bond for Contract 6787 - Lads Pet Supplies,
Dog Food for the City of Buffalo, Agencies and Authorities, in the amount of
$12,436.50 for fiscal year ending June 30, 1996.
PASSED.
AYES- 11 NOES- 0
FROM THE CITY CLERK
No. 63
Permission to Acquire Precinct #17
Permission is requested to acquire from the City vacant Precinct
#1 7 on Buffalo's north side to be used as an inactive records storage center.
As you may not be aware, the current center on the 16th floor of City
Hall is 98% full-with records arriving daily and in addition, we currently use
Lincoln Storage to store 7000 plus volumes of tax and assessment records as
well as use Precinct #9 for archival Police records.
The outside storage costs the City Clerk's office approximately $3,000.00
per year.
The acquisition of Precinct # 17 will allow us to relocate these records
stored at Lincoln Storage and in addition, we would be able to retrieve the
City archival Police records from Precinct #9.
The approximate " to rehabilitate Precinct #17 for storage would be
$15,000.00 using Records Management and other City personnel; most of the cost
would be for shelving.
A favorable response would be appreciated.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 64
Mayor Reported Out of State
I transmit herewith a communication received by me from the Mayor,
reporting his absence from the state from Thursday, October 12, from 2:15 p.m.
until Sunday, October 15, 1995 at 9:17 a.m.
RECEIVED AND FILED.
No. 65
Disposition of City Records
The following departments have requested to dispose of City Records
as indicated on the attached forms. Based on the information provided I have
authorized the disposition of these records in my capacity as City Records
Management Officer
Dept. of Adm. & Finance-PVB
Dept. of General Services
Dept. Human Services-Div. for Youth
RECEIVED AND FILED.
No. 66
Auto Allowance
The following departments have filed the required certificate
relative to the granting of automobile transportation allowances for employees
in their respective departments:
Dept. of Human Services/Parks/Rec.- Lamont Burley, Clare Yager , Joyce
Quackenbush
Dept. of Public Works-Phillip Nasca
RECEIVED AND FILED.
No. 67
Liquor License Applications
Attached hereto are communications from persons applying for liquor
licenses
from the Erie County Alcohol Beverage Control Board.
Address Business Name Owner's Name
1180 Hertel JB 3 John Bona III
REFERRED TO THE COMMITTEE ON FINANCE, THE COMMISSIONER OF ASSESSMENT, THE
COMMISSIONER OF PUBLIC WORKS, AND THE COMMISSIONER OF NEIGHBORHOODS, HOUSING
AND INSPECTIONS.
No. 68
Leaves of Absence Without Pay
I transmit herewith notifications received by me, reporting the
granting of the leaves of absence without pay, in the various departments as
listed:
Administration and Finance- Margaret Malkinski,Marlene Jackson
Human Services Parks & Recreation- Sylvia Whittaker
General Services- Michaeline Lombardo
RECEIVED AND FILED.
No. 69
Reports of Attendance
I transmit herewith communications received by me, from the various
boards, commissions, agencies and authorities reporting the membership
attendance at their respective meetings:
Board of Stadium and Auditorium
Buffalo Sewer Authority
Zoning Board of Appeals
RECEIVED AND FILED.
No. 70
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 10/12/95 in the Department of Common Council, Linda
S. Chiarenza, 170 St. James Pl., Buffalo 14222 to the Position of Intern IV,
Seasonal, at the Flat Starting Salary of $6.00.
Appointment Effective 10-12-95 in the Department of Common Council,
Jacqueline LaBoy, 617 Niagara St. Apt. 3, Buffalo, NY 14213, to the Position
of Intern III, Seasonal, at the Flat Starting Salary of $5.00.
Appointment Effective October 10, 1995 in the Department of Common
Council, to the Position of Intern III, Seasonal, at the Flat Starting Salary
of $5.00
Beatrijs Albarran, 48 Engle St. Buffalo, 14214
Grahm Violino, 25 Irving Pl., Buffalo, 14201
Appointment Effective October 2, 1995 in the Department of Common
Council, Stephanie Williams, 10 Geneva, Buffalo, NY 14212, to the Position of
Intern IV Seasonal, at the Flat Starting Salary of $ 6.00.
Appointment Effective October 10, 1995 in the Department of City Clerk,
Robert Menz, 55 Reservation, Buffalo, 14207, to the Position of Intern IV
Seasonal, at the Flat Starting Salary of $6.00.
Appointment Effective October 2, 1995 in the Department of Common
Council, Teresa Evans, 77 Greeley St., Buffalo, 14217 to the Position of Intern
V, Seasonal, at the Flat Starting Salary of $8.00.
Appointment Effective October 10, 1995 in the Department of City Clerk,
Russell Payne, 208 Commonwealth, Buffalo, 14207, to the Position of Intern V,
Seasonal, at the Flat Starting Salary of $8.00.
Appointment Effective October 2, 1995 in the Department of City Clerk,
Susan M. Brennan, 273 East Street, Buffalo, NY 14207, to the Position of Intern
VI, Seasonal, at the Flat Starting Salary of $10.00.
Appointment Effective 10-2-95 in the Department of Common Council, Tracy
Jellig, 44 LaForce Pl., Buffalo, NY 14207, to the Position of Intern III,
Seasonal, at the Flat Starting Salary of $5.00.
No. 71
Notices of Appointments - Seasonal/Flat
I transmit herewith certificates received by me, reporting seasonal
and flat salary appointments made in various departments.
RECEIVED AND FILED.
DEPARTMENT OF STADIUM & AUDITORIUM
Appointment Effective October 2, 1995 in the Department of Stadium
& Auditorium, Division of Memorial Auditorium, to the Position of Laborer I,
seasonal, at the flat Starting Salary of $ 6.22.
Kathy A. Elliott, 56 Centennial Walk, Buffalo, 14201
James Toms, 82 Rosedale St., Buffalo, 14207
Appointment Effective October 10, 1995 in the Department of Stadium &
Auditorium, Division of Memorial Auditorium to the Position of Laborer I,
seasonal at the flat Starting Salary of $ 6.22.
Phillip Anderson, 135 Shumway St., Buffalo, 14206
Gordon L. Dean Sr., 514 Moselle St., Buffalo, 14215
Sean LoDestro, 235 Hartwell Rd., Buffalo, 14216
Robert T. Walker, 134 Vandalia St., Buffalo, 14204
Appointment Effective October 11, 1995 in the Department of Stadium &
Auditorium, Division of Memorial Auditorium, to the Position of Senior First
Class Stationary Engineer Seasonal, at the flat Starting Salary of $ 7.33.
Andrew J. Moffett, 258 Abbott Rd., Buffalo, NY 14220
DEPARTMENT OF AUDIT & CONTROL
Appointment Effective October 3, 1995 in the Department of Audit
and Control, Division of Real Estate, to the Position of Laborer I, Seasonal,
at the Flat Starting Salary of $6.22.
Karen Filippone, 200 North Park Avenue, Buffalo, NY 14216
DEPARTMENT OF HUMAN SERVICE, PARKS & RECREATION
Appointment effective October 2,1995 in the Department of Human
Services, Division of Parks to the Position of Laborer II, seasonal, at the
Starting Salary of $ 6.92.
Jerry Brinkworth, 205 Marine Drive, Buffalo 14202
Mike Ester, 91 East Delevan, Buffalo 14215
John Kregg, 443 Linwood, Buffalo 14209
Jose Medero, 322 Plymouth, Buffalo 14213
Joseph Tempski, 52 Ramona, Buffalo 14220
Joseph Thompson, 140 Deerfield, Buffalo 14215
Judith Zaccagnino, 178 Fenton, Buffalo 14206
Appointment effective October 9,1995 in the Department of Human Services,
Division of Recreation, to the Position of Laborer II, Seasonal, at the Flat
Starting Salary of $6.92.
Norman Anderson, 1050 Ellicott, Buffalo 14209
Willard Anderson, 22 Mulberry, Buffalo 14204
Frank Cortelli, 8 Hertel, Buffalo 14207
Paul Crowley, 40 Portland, Buffalo 14220
Ed Cudney, 103 Harrison, Buffalo 14210
Nancy Grebielucha, 68 Crescent, Buffalo 14214
Daniel Gant, 51 Brunswick, Buffalo 14208
Willie Simmons, 81 Waverly, Buffalo 14208
Appointment effective October 11,1995 in the Department of Human
Services, Division of Recreation to the position of Refrigeration Plant
Engineer, Seasonal, at the Flat starting Salary of $ 6.91 ph.
Wayne Becker, 50 Mayer, Buffalo 14207
Walter Burshtynski, 126 Bird, Buffalo 14213
Timothy Higgins, 110 Ridgewood, Buffalo 14220
John Mann, 35 Trowbridge, Buffalo 14220
Marc Mann, 35 Trowbridge, Buffalo 14220
Greg Morcio, 296 Willett, Buffalo 14206
Encil Palmer, 202 Vermont, Buffalo 14213
Appointment effective October 10,1995 in the Department of Human
Services, Division of Recreation to the Position of Refrigeration Plant
Engineer, Seasonal, at the Flat Starting Salary of $ 6.91.
Ray Boyer, 435 East, Buffalo 14207
John Kubala, 25 Bridgemann, Buffalo 14207
Louis Lumina, 53 North Park, Buffalo 14216
John Marchitte, 430 14th Street, Buffalo 14213
Howard Melcher, 210 Riverside, Buffalo 14207
Standish Edward, 117 Imson, Buffalo 14210
Appointment effective October 10,1995 in the Department of Human Services
Division of recreation, to the Position Of Fee Collector, Seasonal, at the Flat
Starting Salary of $4.94.
Lori Agostino, 44 Tacoma Avenue, Buffalo 14216
John Fracos, 21 Peoria, Buffalo 14207
Craig Katilus, 61 Oakhurst, Buffalo 14220
Catherine Long, 14 Yale Place, Buffalo 14210
Joseph McMahon, 81 Briggs, Buffalo 14207
William Orr, 135 Kenefick, Buffalo 14220
Rafael Ramos, 42 Philadelphia, Buffalo 14207
Kristin Amodeo, 42 Toiga, Buffalo 14216
David Birkemeir, 544 Linden, Buffalo 14216
Richard Mathewson, 27 Humphrey, Buffalo 14207
Noreen Sabadasz, 79 Fenton, Buffalo 14206
William Stevenson, 123 Laird Avenue, Buffalo 14207
Michael Washowicz, 166 Fenton, Buffalo 14206
DiPirro Paul, 52 Tauton Place, Buffalo 14216
No. 72
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 PUBLIC WORKS
Appointment Effective October 23, 1995 in the Department of Public
Works, Division of Water, to the Position of Account Clerk-Typist, Permanent,
at the Minimum Starting Salary of $21,126.
Tracy DeIucci, 347 Mystic Avenue, Buggalo 14220
DEPARTMENT OF POLICE
Appointment Effective September 27,1995 in the Department of Police
to the Position of Report Technician, Permanent, at the Minimum Starting Salary
of $21,126.
Yolanda Quintana, 396 Vermont Street, Buffalo, NY 14213
Debra A. Reilly, 56 Remington Place, Buffalo, New York 14210
Jeannette T. Williams, 127 Aldrich Place, Buffalo, NY 14220
Kelly A. Gibbons-Glinski, 118 Downing St., Buffalo, NY 14220
Tina M. LaPiana, 15 Commonwealth, Buffalo, New York 14216
Appointment Effective September 27, 1995 in the Department of Police to
the Position of Report Technician, Contingent Permanent, at the Minimum
Starting Salary of $ 21,126.
Dorothy A. Austin, 47 Roesch Avenue, Buffalo, New York 14207
Patricia A. Kowal, 80 Ladner Street, Buffalo, New York 14220
Michelle Brooks, 420 Emslie Street, Buffalo, New York 14212
Patricia A. Fitzpatrick, 421 Woodside Ave., Buffalo, NY 14220
Christine J. Young, 79 Peter Street, Buffalo, New York 14207
Anita Clark, 496 Hewitt Avenue, Buffalo, New York 14215
Appointmerit Effective October 2, 1995 in the Department of Police to the
Position of Public Safety Dispatcher (Civilian), Provisional, at the minimum
Starting Salary of $ 23,703.
Patricia L. Bissonette, 684 Eggert Road, Buffalo, NY 14215
DEPARTMENT OF LAW
Appointment Effective October 2, 1995 in the Department of Law
to the Position Of Assistant Corporation Counsel I, Permanent, at the Minimum
Starting Salary of $37,125.
Acea M. Mosey, 34 Rumsey Road, Buffalo, NY 14209
NONOFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES
NONOFFICIAL COMMUNICATIONS
No. 73
R. BROWN
Damage To Driveway
I am sending you the letter where I was deny on my claim. David
Gannon have all the paper work plus he have picture on the driveway. (sic)
He tell me the man was drive the truck never report it-. I told him if
this truck driver could get away for not report he would do it so that what
happen- (sic) And when I get home I see the big truck tire mark over the curb
and the driveway and the curb broke off and the driveway track and trash
everywhere. (sic)
You told me about a month and a half that you would get the money to have
it fix.
Would please let me know something soon. (sic)
REFERRED TO THE COMMITTEE ON CLAIMS.
No. 74
ECIDA
Info-Banks That Receive ECIDA
Financial Assistance
Pursuant to your request of October 4, 1995 I provide the following
information which the ECIDA was able to gather in regard to a listing of banks
located in the City of Buffalo which has received ECIDA financial assistance.
Of important note is the fact that even though these "Bank Projects" received
property tax abatements, the projects do pay a PILOT (payment in lieu of tax).
1. Norstar (now Fleet) - closed on a $1,000,000 bond in 1982. The
property located at 560 Main Street was reconveyed in 1993 and is paying full
property taxes. During the period that this property was under the terms of
the PILOT agreement, Norstar made a payment in-lieu-of-tax payment equivalent
to what would have been paid if they remained fully assessed on the tax rolls.
In effect, the ECIDA involvement in this project was neutral to the City of
Buffalo in terms of property tax effect.
2. 60 Key Center - initial transaction closed in 1989 with subsequent
closings in 1991 and 1993. The total project was in excess of $54,900,000.
The PILOT agreement for this project is as follows:
Phase 1 - City of Buffalo $ 0 in PILOTs for the tax years 1991/92 -
1993/94, then 50% as if owned through 2002/2003.
Phase 2 - City of Buffalo $ 0 in PILOTs for the tax years 1992/93 -
1994/95, then 50% as if owned through 2003/2004. It is expected that Phase 1 &
2, based upon the current, revised assessment and current tax rates, will
generate $361,222 in annual PILOT payments to the City of Buffalo.
3. Marine Midland Atrium - closed on a $30,000,000 bond in 1989. The
PILOT agreement requires a variable base year payment of $218,721.11 per year
to the City of Buffalo with a 6% escalation over the base year. In 1994/95 the
PILOT payment according to this agreement was $269,640.08.
As demonstrated by the above, simply looking at the fact that a property
is exempt from property taxes due to the fact that the ECIDA is in title does
not tell the full story. One must also look at the PILOT payments the company
is making. In addition, the companies have made a significant capital
investment in the City of Buffalo.
Lastly, it should be noted that a bank may have a partial exemption
resulting from a Section 485B exemption. This exemption is granted by the City
Assessor and would be granted without the requirement of ECIDA title.
I trust the above information satisfactorily responds to your
communication of October 4, 1995. The ECIDA stands ready to assist the City of
Buffalo in any manner. We would welcome the opportunity to attend any future
Common Council meetings to further discuss these issues.
Please do not hesitate to contact me if you have any questions.
REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT.
No. 75
FIRST BFLO. RIVER MARINA
Sale of Marina
Thank you for inviting me to the meeting in your office with Mr.
McCarthy last week at which time you made an offer on behalf of the City to
acquire my marina property.
I thought it appropriate to respond to you so that you would know my
position for the record'. I have no interest in divesting this property. I
have a significant amount of personal effort and financial resources invested
in this property, which I expect to be returned to me through the marina
earnings provided over the next several years. I do not believe the City has
the resources or the interest to provide my investment plus a reasonable return
in order to satisfy the requirements of a reasonable financial transaction.
Therefore, I prefer that rather than continue negative negotiations,
(coupled with your threats of condemnation), we turn our efforts to resolving
any and all questions the City may have regarding compliance with all code and
regulatory requirements so that I can proceed to use the property for the
purpose intended including boat storage for the winter season.
Please let me know if you have any comments or questions regarding the
above. Thank you.
REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT AND THE COMMISSIONER OF
COMMUNITY DEVELOPMENT.
No. 76
S. MANION
Complaints - Absentee Landlords-
Our block club from the West Avenue/West Delavan area would like
to be put on your agenda for a council session to discuss a problem we are
having in our neighborhoods. We are trying to save our neighborhoods and
desperately need your help.
We are having severe problems with some absentee landlords who are
allowing their tenants to destroy the peace and decency of our neighborhoods.
The addresses with the tenants causing the trouble are at 1210/1212 West Avenue
and 46 Lafayette Avenue. Problems include such things as drug dealing,
frequent noise and parties sometimes until 5:30 am, sanitation and trash
problems and threats to other neighbors.
These tenants and their absentee landlords, who know these problems are
going on, are a "detriment to the comfort, convenience, safety, health and
welfare of the citizens of the city". (Quoted from Chapter 293-1 of the city
ordinances) These tenants do not work and deprive working homeowners and
taxpayers of the use and enjoyment of our own properties, diminish our property
values and are a huge public nuisance.
We believe this is a main reason many taxpayers are leaving the city of
Buffalo and because many city officials are not helping us to take back out
neighborhoods from slum landlords. We have tried to solve these problems
through community dispute groups but as you can see by the enclosed letter,
they either ignore us, treat us rudely and refuse to solve the problems as long
as their government rent checks keep coming in.
I have also enclosed copies of the city ordinances these landlords and
tenants are violating but no one seems to know how to enforce them. Some
community service police officers have been trying to help us but they are very
busy with trying to keep up with their own police duties since the forces have
been cut.
It's time city officials and hard-working taxpayers join together and
take a stand and fine or arrest these landlords and tenants to show them we
will not accept the destruction of our neighborhoods even one day longer.
These suburban landlords would not allow this behavior and destruction in their
suburban neighborhoods and we will not allow it either. We need the help our
city officials though to enforce the ordinances and shut these people down.
Thank you and we hope to see you soon.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE COMMISSIONER OF NEIGHBORHOODS,
HOUSING AND INSPECTIONS AND THE CORPORATION COUNSEL.
No. 77
C. MILLER
Request Noise Measurement Test
I/We, the undersigned, as a resident of the Watergate II Apartments,
located at 10/12 Hertel Avenue in the City of Buffalo, am requesting the Common
Council of the City of Buffalo to order the City of Buffalo to conduct a sound
measurement test as required in 'Section 293-6. Methods of measurement of the
City Noise Ordinance Chapter 293.
As a resident(s) of the Watergate II Apartments, I/we, believe that
Gully's Restaurant, located at 2192 Niagara Street in the City of Buffalo is in
violation of the Cities Noise Ordinance, Section B of Section 293-4. Specific
acts constituting unreasonable noise of the City.
I/We request that this test be conducted in a most timely manner, as I/we
believe that the noise level projected from Gully's Restaurant is a "detriment
to the comfort", and effects the "health and welfare of the citizens" of the
Watergate II Apartments.
Your immediate action regarding this matter is greatly appreciated.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE COMMISSIONER OF NEIGHBORHOODS,
HOUSING AND INSPECTIONS, THE COMMISSIONER OF POLICE AND CORPORATION COUNSEL.
No. 78
PBA
Union Health Care Coverage
Res 209, CCP, 10/3/95
The undersigned is the attorney for the Buffalo Police Benevolent
Association. Robert Meegan, PBA President, has asked that I respond to
Resolution No. 209.
Pursuant to Resolution No. 209, the Common Council has requested that the
Council be updated on health care coverage alternatives being explored as a
means of helping the City save money. Since the City failed to timely submit
contract proposals of any type including for alternative health care coverage
and is now precluded from doing so pursuant to Arbitrator decision, the PBA is
not exploring any alternatives to the health care coverage currently in effect.
Presuming the City, in the future, timely submits its contract proposals,
including perhaps proposal for alternative coverage, the PBA will at that time
examine and review the same. Until such time, there is nothing to explore.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
No. 79
T. KILIANSKI
Compromise Debt- 821 South Park Ave.
I am corresponding on behalf of my client, Thomas P. Kilianski.
The subject of this letter, 821 South Park, is a 271 x 1111 unimproved lot
whose title search exhibits a lien filed by the City of Buffalo in the City
Court of Buffalo in the amount of $1,511.00 on August 15, 1989, resulting from
a Judgment against Kevin Kilianski.
Because this letter is asking the City to compromise that particular
debt, I am respectfully requesting that this correspondence be brought to the
attention of the Common Council of the City of Buffalo and assigned to the
appropriate committee thereof.
Because the underlying fact situation can be quite confusing, I am
enclosing a sketch of 5 parcels of property located in the City of Buffalo
relating to this correspondence.
Thomas Kilianski owns 827 South Park. A building on this premises is
presently rented by Rev. Carlos Diaz, conducting religious services as Iglesia
Decristo Missionera, Inc. Rev. Diaz has made substantial improvements to the
premises which he has commenced to operate as a House of Worship. Because Rev.
Diaz did not obtain the necessary permits from the City of Buffalo, my client,
the property owner, has been cited in Buffalo City Court for various housing
violations.
Rev. Diaz is desirous of purchasing 827 South Park in order that he can
continue to conduct religious services as a House of Worship. My client is
attempting to obtain ownership of 825 South Park Avenue, presently owned by the
Valley Community Association in order that he can also convey lot 825 to Rev.
Diaz which, in turn, will permit Rev. Diaz to obtain the necessary permits
from the City of Buffalo.
In turn, I contacted the Valley Community Association, a neighborhood
not-for-profit corporation that owns 825 and 819 South Park. They also own lots
to the right of 819. Those lots, and lot number 819 are improved by a Senior
Citizen Center, Day Care Centers, etc. Lot number 825 is vacant.
821 South Park is a 27' x 111' unimproved lot that Kevin Kilianski
purchased on June 25, 1984 from the City of Buffalo in a foreclosure. You may
recall that this lot at one time was owned by Roy Banas, an elderly gentlemen
who was unfortunately shot and killed by Buffalo Police Officers while refusing
to vacate his home after the city had served Eviction Notices upon him. The
home was ultimately demolished and Kevin Kilianski purchased the lot from the
City of Buffalo at an in rem sale in 1984 for $200.00.
In my attempts to resolve the violations that are being faced by Rev.
Diaz and his church, I commenced negotiation with the Valley Community
Association to deed lot 821 to them, at no cost to them. My client, Thomas
Kilianski had a search done at his expense and I enclose a copy of the last
page of the search. As you can see, my client's brother took title as Kevin R.
Kilinski, Sr., an apparent misprint since his last name is really Kilianski.
Subsequently, he gave the Erie County Department of Social Services a $5,000.00
mortgage at setout 11 of the search; there also appears a judgment of Erie
County Department of Social Services against him at setout 13. A judgment
was obtained by the City of Buffalo in City Court, apparently for property
damage following an automobile accident. The judgment was filed on August 15,
1989 for $1,511.12.
It now appears that this lot, purchased for $200.00, and presently
assessed at $1,800.00, is now a vacant lot which is the apparent security for a
$5,000.00 open-ended mortgage to the Erie County Department of Social Services
and against which the City of Buffalo Judgment in the amount of $1,511.12 has
been lodged. Kevin, age 44, is presently at the De-tox center at VA Hospital
where he is suffering from drug and alcohol abuse/addiction. He has not worked
in the last 15 years and receives disability payments from the VA, which
payments cannot be attached. He has f athered a number of out-of-wedlock
children (10) which I can only assume resulted in ADC payments, resulting in
the open-ended mortgage, now far in excess of $5,000.00.
Because Kevin Kilianski is judgment proof and because this property is
really insufficient to honor any claims of the City of Buffalo with respect to
the judgment filed August 15, 1989, I am respectfully requesting that you
consider issuing a Release of Lien as to these premises. Of course, the City
of Buffalo would retain the judgment against Kevin Kilianski in the event he
were to become possessed of assets of a sufficient value. At the present
point, I can see absolutely no way that the City of Buffalo could conceivably
enforce any part of its judgment against this particular parcel because its
value is extremely low and the parcel is encumbered by the Erie County
Department of Social Services Mortgage.
The Erie County Department of Social Services has indicated that they
will release their mortgage and judgment if the City also issues a release.
As a further incentive to the City of Buffalo, my client is offering the
sum of $100.00 to obtain the release. It is my client's intention, should he
receive a favorable response from the City of Buffalo, to deed 40 Harvey and
821 South Park to the Valley Community Association, at no expense to the Valley
Community Association in order that they can expand their charitable purposes.
Thank you for your cooperation in these matters.
REFERRED TO THE COMMITTEE ON FINANCE AND THE CORPORATION COUNSEL.
PETITIONS
No. 80
Benderson Dev., owner, Petition to use 2626 Delaware Ave. for pole sign.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD
AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT.
No. 81
Tamra Swatsworth, petitioner, petition to use 2119 Seneca for a sit-in
restaurant.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD
AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT.
No. 82
Sal's Pizzeria, petitioner, petition to use 185 Allen St. for a sit-in
restaurant.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD
AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT.
No. 83
Fibron Products, Inc., owner, petition to use 170 Florida St. for a storage
bldg.
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. 84
Appointment
Contract and Specification Clerk
(Item No. 102, C.C.P., Sept. 5, 1995)
That the above item be, and the same hereby is, returned to the
Common Council without recommendation.
That Communication No. 102 September 5, 1995 be received and filed and
the permanent appointment of Carrie Genovese state above at the maximum salary
$28,345 effective July 31, 1995 is hereby approved.
PASSED.
AYES- 11 NOES- 0
No. 85
D. Zuchlewski - Complaint - Question Residency C.S. Appt.
(Item # 93 CCP September 19, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 86
Question Residency - C.S. Appt.
(Item # 69 CCP October 3, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 87
Ruth Block - Request Reinstatement of Time
(Item No. 131, C.C.P., Sept. 5, 1995)
That the Comptroller, Payroll Audit Division, be, and they hereby
are authorized to reinstate Ruth Block's time as follows: Vacation 14 days,
Sick 4 3/4 days, Personal Leave I day and Compensatory Time 2 hours for a total
of 19 3/4 days and 2 hours.
PASSED.
AYES- 11 NOES- 0
No. 88
R. Block - Request reinstatment of time
(Item # 70 CCP September 19, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 89
Maintain Civil Service Lists
Active During Hiring Freeze
(Item No. 212, C.C.P., Sept. 5, 1995)
That the above item be, and the same hereby is, returned to the
Common Council without recommendation.
Mrs. LoTempio moved:
That this Common Council requests the Civil Service Commission to extend
expiration of the present City of Buffalo Civil Service lists by six (6) months
to compensate for the hiring freeze; and
That the Buffalo Civil Service Commission file its response with the
Common Council as soon as possible; and
That this Common Council also request the Corporation Counsel to respond
to this request by September 12, 1995.
ADOPTED.
No. 90
Maintain C.S. List During Hiring Freeze
(Item # 46 CCP September 19, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 91
Maintain C.S. List During Hiring Freeze
(Item # 72 CCP September 19, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 92
Maintain C.S. List During Hiring Freeze
(Item # 76 CCP September 19, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 93
Maintain C.S. List During Hiring Freeze
(Item # 70 CCP October 3, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 94
Involve Department Heads - Labor Negotiations
(Item # 219 CCP September 5, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 95
Involve Department Heads - Labor Contract Negotiations
(Item # 73 CCP September 19, 1995)
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
No. 96
Appointment
Water Meter Mechanic Helper
That Communication No. 38 October 3, 1.995 be received and filed
and the permanent appointment of Kenneth Rucinski stated above at the maximum
salary $23,481.00 effective on October 2, 1995 is hereby approved.
PASSED.
AYES- 11 NOES- 0
No. 97
Info. - Salary Grade - P. Larkin - Laborer II
(Item # 48 CCP October 3, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 98
Appointment
Equipment Operator
That Communication No. 49 October 3, 1995 be received and filed
and the permanent appointment of James Podkladek stated above at the maximum
salary $25,665.00 effective on September 26, 1995 is hereby approved.
PASSED.
AYES- 11 NOES- 0
No. 99
Appointment
Building Inspector
That Communication No. 61 October 3, 1995 be received and filed
and the permanent appointment of Ronald Sokolowski stated above at the
intermediate salary $35,019.00 effective on September 25, 1995 is hereby
approved.
PASSED.
AYES- 11 NOES- 0
No. 100
Appointment
Building Inspector
That Communication No. 62 October 3, 1995 be received and filed
and the permanent appointment of Gene Fronczak stated above at the maximum
salary $36,305.00 effective on September 25, 1995 is hereby approved.
PASSED.
AYES- 11 NOES- 0
No. 101
Appointment
Park Utility Worker
That Communication No. 71 October 3, 1995 be received and filed
and the temporary appointment of Andrew Biondo stated above at the intermediate
salary $24,251.00 effective on September 25, 1995 is hereby approved.
PASSED.
AYES- 11 NOES- 0
No. 102
Appointment
Counselor III
That Communication No. 72 October 3, 1995 be received and filed
and the temporary appointment of Sylvia Whittaker stated above at the
intermediate salary $24,896.00 effective on September 25, 1995 is hereby
approved.
PASSED.
AYES- 11 NOES- 0
No. 103
Appointment
Counselor III
That Communication No. 73 October 3, 1995 be received and filed
and the temporary appointment of Willie Johnson stated above at the maximum
salary $26,483.00 effective on September 27, 1995 is hereby approved.
PASSED.
AYES- 11 NOES- 0
No. 104
Question Residency C.S. Appt.
(Item # 74 CCP October 3, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 105
Notices of Appt. - Temp./Prov./Perm.
(Item # 84 CCP October 3, 1995)
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED
No. 106
Salary Ordinance Amendment
06 - Department of Administration and Finance
4 - Parking Enforcement
013 - Parking Meters and Enforcement
and
06 - Department of Administration and Finance
2 - Administrative Adjudication
001 - Administrative Services
(Item No. 216, C.C.P., Oct. 3, 1995)
That the Salary Ordinance Amendment as contained in Item No. 216,
C.C.P., October 3, 1995, be and the same hereby is approved.
PASSED.
AYES- 11 NOES- 0
FINANCE
HON. DAVID A. COLLINS
CHAIRMAN
No. 107
Hire Consultant Elmwood/Virginia Fire Station
(Item # 57 CCP July 25, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 108
Recover Costs from Housing Court Fines
(Item # 187 CCP December 27, 1994)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 109
Proposed Work Flow System - Housing Court Fines
(Item No. 19, C.C.P., Sept. 19, 1995)
That this Common Council approves the Comptroller's "proposed
work flow" for monitoring Housing Court Fines as submitted in the
above-mentioned item.
ADOPTED.
No. 110
Work Flow System - Housing Court Fines
(Item # 65 CCP October 3, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 111
Audit - Stadium Lease Agreement
(Item # 23 CCP June 27, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 112
Reply to Audit Refuse Contract
(Item # 33 CCP October 3, 1995)
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
No. 113
Request Update Proposed Sale Parking Ramps
(Item # 206 CCP June 27, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 114
Update Prop. Sale Parking Ramps
(Item # 10 CCP July 25, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 115
NYSDEC-Delist Property Hopkins St./Haz. Waste Site
(Item # 97 CCP July 11, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 116
Truscon Site Lease
(Item # 94 CCP July 25, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 117
Integrated Waste Services, Inc. Lease of Truscon Site
(Item No. 225, C.C.P., Sept. 19, 1995)
That this Common Council does hereby rescind the authorization
given in Resolution No 157, C.C.P. July 25, 1995 to enter into the Lease
Agreement with Integrated Waste Services, Inc. because Integrated Waste
Services, Inc. has rejected the City's original offer and by rescinding the
offer authorized by Resolution No. 157, C.C.P. July 25,1995 prior to its
acceptance by IWS and the consummation of the Lease Agreement, the City can
avoid the necessity of exercising its rights under Paragraph 9 of the Lease
Agreement.
ADOPTED.
No. 118
IWS Lease Auth.
(Item # 42 CCP October 3, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 119
IWS Lease Truscon Site
(Item # 64 CCP October 3, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 120
Eng. Rpt./Bond Sale - Water Fin. Auth.
(Item # 116 CCP July 25, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 121
Africana Museum - Request Donate 854 & 864 Main
(Item # 128 CCP September 5, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 122
Resp. - 858 & 864 Main - Africana Mus.
(Item # 17 CCP September 19, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 123
F. Josker - purchase 384 Broadway for $1.00
(Item # 142 CCP September 5, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 124
F. Josker - Buy 384 Broadway
(Item # 18 CCP September 19, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 125
Request Purchase 384 Broadway for $1.00
(Item # 45 CCP October 3, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 126
Kleinhans - Info. Contract Ext.
(Item # 143 CCP September 5, 1995)
That the above mentioned Item be and the same is hereby received and
filed.
ADOPTED
No. 127
Niagara Frontier Transportation Authority
Negative Declaration
Small Boat Harbor Fish Cleaning Station
(Item No. 145, C.C.P., Sep. 5, 1995)
That a Negative Declaration for the above-referenced project is
hereby filed in accordance with Section 617.21 Appendix F of the State
Environmental Quality Review.
ADOPTED.
No. 128
NFTA - Neq. Dec./Sm. Boat Harbor/Fish Cleaning
(Item # 35 CCP October 3, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 129
Hollywood Section Block Club Request Sidewalks on Exchange/Selkirk
(Item No. 1164. C.C.P.. Sept. 5, 1995)
That this Common Council does hereby accept the Hollywood Section
Block Club Petition for new sidewalks on Exchange Street between Smith Street
and Selkirk Street and the playground.
ADOPTED.
No. 130
Monies Found in Drawer - Building Permits Section
(Item No. 165, C. C. P., Sept. 5, 1995)
That this Common Council is requesting an immediate audit to be
conducted by the City Comptroller to establish the amount, how and why these
checks were not deposited in a timely fashion with the City Treasurer; and
That the Comptroller to submit to this Honorable Body and the
Commissioner of Public Works a procedure so that this does not happen again;
and
That this Common Council is requesting the Commissioner of Public Works
to investigate this alleged finding of moneys and the alleged checks.
ADOPTED.
No. 131
Monies Found In Drawer
(Item # 14 CCP September 19, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 132
Monies Found In Drawer
(Item # 68 CCP October 3, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 133
City of Buffalo Parking Rates
(Item No. 167, C.C.P., Sep. 5, 1995)
That by the authority granted under Section 109-s of the Charter
of the City of Buffalo, the Common Council does hereby authorize the Board of
Parking to establish a schedule of charges for the use of all City owned lots
at a rate of $1.75 per hour to go into effect retroactively as of September 1,
1995.
PASSED.
AYES- ARTHUR, BELL, CZAJKA, FRANCZYK, LOCKWOOD, LOTEMPIO, PERLA, PITTS,
ZUCHLEWSKI- 9
NOES- COPPOLA, HELFER- 2
No. 134
City Parking Rates
(Item # 194 CCP October 3, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 135
Questions on Permit Fees for Driveways
(Item No. 199, C.C.P., Sep. 5, 1995)
That this Common Council questions the new policy concerning permits
and the fee structure for blacktopping and pouring new concrete driveways and
requests that the Commissioner of Neighborhoods Housing and Inspections and the
Director of Housing and Inspections appear before the Legislation Committee on
Tuesday, October 24, 1995 to explain.
ADOPTED.
No. 136
Establish Installment Plan for Property Taxes
(Item No. 210, C.C.P., Sep. 5, 1995)
That this Common Council request that the Commissioner of Administration
and Finance respond to this proposal for an installment plan, specifically
outlining the Administration's position on the issue; and
That if it is feasible to implement an installment payment plan,
preferably on a monthly basis, this Council request that the appropriate legal
and administrative procedures be prepared and submitted to this Body for
approval.
ADOPTED.
No. 137
Est. Install. Pay Plan - Prop. Taxes
(Item # 69 CCP September 19, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 138
Result of Negotiations - 544 Broadway
(Item No. 20, C.C.P., Sept. 19, 1995)
That the offer of Mr. Terry White, of 241 Bissell Avenue, in
the sum of $4,700.00 (Four Thousand and Seven Hundred Dollars) to purchase the
property described as 544 Broadway Avenue, be and hereby is accepted; and
That the Corporation Counsel shall prepare the necessary documents for
the transfer of title and that the Mayor be authorized to execute the same, in
accordance with the terms of sale upon which the bid was submitted, provided,
however,
That the appraisal requested by the City of Buffalo shall be paid by the
purchaser; and
That the transfer tax, recording fees and cost of legal description shall
be paid by the purchaser.
PASSED.
AYES- 11 NOES- 0
No. 139
BEDC - Result Negotiations- 544 Broadway
(Item #85, C.C.P., October 3, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED
No. 140
Result Negotiation - Cor. Elmwood/Virginia
(Item No. 21, C.C.P., Sept. 19, 1995)
That the offer of the Painter's District Council No. 4 Apprentice
Fund Painter's District Council No. 4 Inc., in the sum of $575,000 (Five
Hundred and Seventy-five Thousand Dollars) to purchase the property described
as the Corner of Elmwood and Virgina, be and hereby is accepted; and
That the Corporation Counsel shall prepare the necessary documents for
the acquisition 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. Funds
for this acquisition are available in Bond Fund Account 200-402-023.
Mr. Bell moved that the above item be recommitted to the Committee on
Finance.
ADOPTED.
AYES- ARTHUR, BELL, CZAJKA, FRANCZYK, LOCKWOOD, PERLA, ZUCHLEWSKI- 7
NOES- COPPOLA, HELFER, LOTEMPIO PITTS- 4
No. 141
Result Negotiations - corner Elmwood/Virginia
(Item # 66 CCP October 3, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
Mr. Bell moved that the above item be recommitted to the Committee on
Finance.
ADOPTED.
No. 142
Parking Rates
(Item # 43 CCP September 19, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 143
Change Payment Schedule for Cutting City Lots
(Item No. 218, C.C.P., Sep. 5, 1995)
That this Common Council requests the Corporation Counsel to draft
and file with the Common Council an ordinance amendment increasing the charge
for mowing privately owned lots to $100.00 (One Hundred Dollars) each or to an
amount based on square footage that adequately covers the city's cost; and
That the ordinance amendment should also include a provision that charges
for caring for a lot be included in the price charged for the lot when the city
sells it.
ADOPTED.
No. 144
NYSDOT - Remove of Abandoned
Railroad Structures on Route 5
(Item No. 88. C.C.P., Sept. 19. 1995)
That the above item be and the same hereby is returned to the
Common Council without recommendation.
Mr. Bell moved:
That the Common Council does hereby approve the removal of abandoned
railroad structures on Route 5 in the city of Buffalo by the New York state
Department of Transportation.
PASSED.
AYES- 11 NOES- 0
No. 145
Resources Intl. - Gift/lieu taxes 541 Seneca
(Item # 90 CCP September 19, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 146
Accept Gift In Lieu of Taxes
(Item # 19 CCP October 3, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No.147
Info. - Gift In Lieu of Taxes - 541 Seneca
(Item # 63 CCP October 3, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 148
Bond Closeout
(Item No. 9, C. C. P., Oct. 3, 1995)
That the Comptroller be, and he hereby is authorized to closeout
the bond account listed in the above-referenced communication and that the
amount restricted for future debt service will be transferred to the debt
service reserve, and the unrestricted amount will be used as a resource for the
1996-97 Capital Debt Service Fund Budget.
PASSED.
AYES- 11 NOES- 0
No. 149
Overtime Report
(Item # 10 CCP October 3, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 150
Offer to Purchase - 1363 Sycamore
(Item No. 13, C.C.P., Oct. 3, 1995)
That the above item be, and the same hereby is, returned to the
Common Council without recommendation.
Mr. Bell moved that the above item be recommitted to the Committee on
Finance.
ADOPTED.
No. 151.
Results of Negotiations - 1363 Sycamore
(Item No. 14, C.C.P., Sept. 5, 1995)
(Item No. 159, C.C.P., Sept. 19, 1995)
(Item No. 167, C.C.P., Oct. 3, 1995)
That the above item be, and the same hereby is, returned to the
Common Council without recommendation.
Mr. Bell moved that the above item be recommitted to the Committee on
Finance.
ADOPTED.
No. 152
Emergency Reconstruction - McKinley Monument
Fountain at Niagara Square
(Item No. 26, C.C.P., Oct. 3, 1995)
That the Commissioner of Public Works be, and he hereby is, authorized
to award a contract for the Emergency Reconstruction of the pools within the
McKinley Monument Fountain located at Niagara Square to Patterson-Stevens Inc.,
in the amount of $32,925.00; with said cost to be charged against the
Department of Community Development in Account 200-717-063.
Mr. Bell moved that the above item be recommitted to the Committee on
Finance.
ADOPTED.
No. 153
City Hall Cafeteria
(Item No. 36, C.C.P., Oct. 3, 1995)
That the above item be, and the same hereby is, returned to the
Common Council without recommendation.
Mr. Bell moved:
Pursuant to the recommendation of the Department of Public Works, this
Common Council approves the request from the Marriott Corporation for an
increase in some prices charged in the City Hall Cafeteria.
LOST.
AYES- ARTHUR, BELL, CZAJKA, LOCKWOOD, LOTEMPIO- 5
NOES- COPPOLA, FRANCZYK, HELFER, PERLA, PITTS, ZUCHLEWSKI- 6
No. 154
Strawberry Island Upper Cut Rear Range Light License Agreement
Item No. 43, C.C.P., Oct. 3, 1995)
That the Mayor be, and hereby is authorized to execute the proposed
Strawberry Island Upper Cut Rear Range Light License Agreement with the United
State Coast Guard in the sum of $500.00 per year for the term of one year,
renewable annually for up to twenty (20) years.
PASSED.
AYES- 11 NOES- 0
No. 155
Report of Bids - Niagara Street Tree Planting &
Removals, Virginia to Porter
(Item No. 46, C.C.P., Oct. 3, 1995)
That the Commissioner of Community Development be, and he hereby
is, authorized to award a contract for Niagara Street Tree Planting & Removal,
Virginia to Porter to Gleason's Nursery, Inc., the lowest responsible bidder in
the amount of $7,223.00; with said cost to be charged against the C.P.A.
200-717-077.
PASSED.
AYES- 11 NOES- 0
No. 156
Transfer of Title - Urban Homestead
57 Oneida Street
(Item No. 51, C.C.P., Oct. 3, 1995)
That the City-owned property commonly known as 57 Oneida Street,
is hereby designated as Homestead Property, and that the Mayor be, and he
hereby is, authorized to execute a deed transferring said property to Mr. John
Calhoun of 55 Oneida Street, 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- 11 NOES- 0
No. 157
Report of Pre-Demolition Asbestos- 135 Riley
(Item No. 55, C.C.P., Oct. 3, 1995)
That the award by the Commissioner of Neighborhoods, Housing and
Inspections of a pre-demolition asbestos removal contract to Georgian Bay
Contracting at a cost of $6,496.00, relating to 135 Riley, is hereby confirmed,
ratified and approved, with said cost to be charged against Special Assessment
Fund #500-000-002-00000, and that said cost shall be collected against the
owner or person in possession of the premises and/or shall be assessed against
the property benefitted, in accordance with Chapter 113 of the Ordinances of
the City of Buffalo.
PASSED.
AYES- 11 NOES- 0
No. 158
Bflo./Ft. Erie Bridge Authority - AMMEX Const. Permits
(Item # 86 CCP October 3, 1995)
That the above mentioned Item be and the same is hereby referred
to the Committee on Legislation.
ADOPTED.
No. 159
Buffalo Philharmonic Orchestra - Restructuring Initiative
(Item No. 87, C.C.P., Oct. 3, 1995)
That the above item be, and the same hereby is, returned to the
Common Council without recommendation.
Mr. Bell moved:
That the Buffalo Philharmonic Orchestra Society, Inc.'s Restructuring
Initiative be and hereby is approved, subject to negotiations and agreements
between the Buffalo Philharmonic Orchestra, Kleinhans Music Hall Management,
Inc. and the City of Buffalo.
PASSED.
AYES- BELL, COPPOLA, CZAJKA, FRANCZYK, HELFER, LOCKWOOD, LOTEMPIO, PERLA,
PITTS, ZUCHLEWSKI- 10
NOES- ARTHUR- 1
No. 160
Buffalo Philharmonic Orchestra
(Item No. 218, C.C.P., Oct. 3, 1995)
That the above item be, and the same hereby is, returned to the
Common Council without recommendation.
Mr. Bell moved:
That the above item be, and the same hereby is received and filed.
ADOPTED.
No. 161
V. Dinkins. & 0 - Favor Demo. 72 Peach
(Item # 99 CCP October 3, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 162
Permission to Hire a Consultant to
Address Flagged Conditions
(Item No. 30, C.C.P., Sept. 19, 1995)
(Item No. 170, C.C.P., Oct. 3, 1995)
That the Commissioner of Public Works be, and he hereby is authorized
to enter into an agreement with a Consultant Engineer to perform the necessary
design, inspection and load rating work required to address flagged conditions
assessed by the New York State Department of Transportation. This will be a
12-18 month contract, not to exceed $100,000.00; and the funds for this project
are available in the Division of Engineering Account No. 200-401-023.
PASSED.
AYES- 11 NOES- 0
No. 163
Capital Budget Amendment-Firehouse
(Item No. 206, CCP,10/3/95)
That pursuant to section 359 of the Charter and the Certificate
of the Mayor and the Comptroller, the Capital Program for the fiscal year
1995-96 in the sum of $1,800.000 be, and the same is hereby amended by adding
200 Capital Projects, Construction of New Firehouse $1,800,000.
Mr. Bell moved that the above item be recommitted to the Committee on
Finance.
ADOPTED.
AYES- ARTHUR, BELL, COPPOLA, CZAJKA, FRANCZYK, LOCKWOOD, LOTEMPIO, PERLA,
PITTS, ZUCHLEWSKI- 10
NOES- HELFER- 1
No. 164
Request Information from Assessment
(Item No. 210, C.C.P., Oct. 3, 1995)
That this Common Council requests that the Department of Assessment
submit a list of every bank within the city limits that has taken advantage of
an exempt status whether it be through the ECIDA or the City, itself, from 1987
through the current year.
ADOPTED.
No. 165
Status of News Stand at Hertel and Delaware Avenues
(Item No. 212, C.C.P., Oct. 3, 1995)
That this Common Council requests that the Department of Public
Works and the Corporation Counsel obtain a contract within ten days detailing
the rental agreement and insurance coverage for the news stand located on the
city right-of-way on Hertel at Delaware Avenues or begin eviction proceedings.
Mr. Bell moved that the above item be recommitted to the Committee on
Finance.
ADOPTED.
No. 166
Request Stop Sign - Deerfield
(Item # 171 CCP October 3, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
AYES- ARTHUR, BELL, COPPOLA, CZAJKA, FRANCZYK, HELFER, LOCKWOOD, LOTEMPIO,
PERLA, ZUCHLEWSKI- 10
NOES- PITTS- 1
No. 167
Liquor Licenses (9/5)
(Item # 20 CCP October 3, 1995)
That the above mentioned Item be and the same is hereby referred
to the Mayor.
ADOPTED.
*AYES- COPPOLA, CZAJKA, FRANCZYK, LOCKWOOD, LOTEMPIO, PERLA, PITTS, ZUCHLEWSKI-
8
NOES- ARTHUR, BELL, HELFER- 3
* ARTHUR, BELL AND HELFER VOTED IN THE NEGATIVE ON ITEMS 167-171 INCLUSIVE.
No. 168
Liquor Licenses (9/19)
(Item # 21 CCP October 3, 1995)
That the above mentioned Item be and the same is hereby referred
to the Mayor.
ADOPTED.
No. 169
Liquor Licenses (9/5)
(Item # 59 CCP October 3, 1995)
That the above mentioned Item be and the same is hereby referred
to the Mayor.
ADOPTED.
No. 170
Liquor Licenses (7/25)
(Item # 60 CCP October 3, 1995)
That the above mentioned Item be and the same is hereby referred
to the Mayor.
ADOPTED.
No. 171
Liquor Licenses Applns.
(Item # 79 CCP October 3, 1995)
That the above mentioned Item be and the same is hereby referred
to the Mayor.
ADOPTED.
LEGISLATION
HON. ALFRED T. COPPOLA
CHAIRMAN
No. 172
Camellia General Provisions Co., Inc. - Petition to
Rezone 1321-1341 Genesee Street, 60-88 Roetzer Street
(Item No. 95, C.C.P., Sept. 19, 1995)
That the above item be, and the same hereby is, returned to the
Common Council without recommendation.
Mr. Coppola moved:
That the Common Council of the City of Buffalo does hereby ordain
as follows:
That that part of the Zoning Ordinances of the City of Buffalo, Section
511-126 of Article XXV of Chapter 511 as it relates to the use map thereof be
amended to show a "M2" Intermediate Manufacturing, rather than a "C-2"
Commercial and "R-2" Residential District for the premises known as 1321-1341
Genesee Street and 60-88 Roetzer Street, more particularly described as
follows:
ALL THAT TRACT OR PARCEL OF LAND, situate in the City of Buffalo, County
of Erie and State of New York, being part of Lot No. 6, Township II and Range 8
of the Holland Land Company's Survey, described as Subdivision Lots Nos. 3
through 12, inclusive, as shown on map filed in the Erie County Clerk's Office
under Cover No. 206, located on the south side of Genesee Street west of
Roetzer Street, being more particularly described as follows:
BEGINNING at the intersection of the southeasterly line of Genesee Street
and the west line of Roetzer Street at the northeast corner of sublot 8;
running thence southerly along the west line of Roetzer Street, 304.75 feet to
the south line of sublot 12; running thence westerly along the south line of
sublot 12, 130 feet to the southwest corner thereof; running thence northerly
along the west lines of sublot 12 and sublot 11, 60 feet; running thence
westerly along the south lines of sublot 4 and sublot 3, 65 feet to the west
line of sublot 3; running thence northerly along the west line of sublot 3,
135.06 feet to the southeasterly line of Genesee Street; running thence
northeasterly along the southeasterly line of Genesee Street, 222.72 feet to
the point of beginning.
This rezoning shall be effective providing the following condition is
met:
That this rezoning shall not be effective unless and until a certified
copy thereof has been filed by the petitioner in the offices of the Erie County
Clerk's Office and proof of such filing is submitted to the City Clerk's
Office.
That this Common Council finds this action to be an Unlisted Action under
the S.E.Q.R. Act and adopts petitioner's findings such that no further
environmental review is required under said Act.
It is hereby certified, pursuant to Section 34 of the Charter that the
immediate passage of the foregoing ordinance is necessary.
Approved as to Form
Edward Peace
Corporation Counsel
PASSED.
AYES- 11 NOES- 0
No. 173
Pizza Hut - Petition to use 2137 Seneca Street
Sit-in Restaurant
(Item No. 96, C.C.P., Oct. 3, 1995)
That after a public hearing before the Committee on Legislation
on October 10, 1995, the petition of Pizza Hut, owner, for permission to use
2137 Seneca Street for a sit-in restaurant be, and hereby is approved.
PASSED.
AYES- 11 NOES- 0
No. 174
Scott & Maryan Whitbeck - Petition to use
1744 Hertel Avenue, Sit-in Restaurant
(Item No. 97, C.C.P., Oct. 3, 1995)
That after a public hearing before the Committee on Legislation
on October 10, 1995, the petition of Scott & Maryan Whitbeck, owners, for
permission to use 1744 Hertel Avenue for a , lunch counter and outdoor cafe be
and hereby is approved, and that the installation of an awning be approved with
conditions set by the Department of Public Works.
PASSED.
AYES- 11 NOES- 0
No. 175
Frank Burgio - Petition to use 1264 Hertel Avenue,
Sit-in Restaurant
(Item No. 98, C.C.P., Oct. 3, 1995)
That after a public hearing before the Committee on Legislation
on October 10, 1995, the petition of Frank Burgio, tenant, for permission to
use 1264 Hertel Avenue for a sit-in restaurant be, and hereby is approved.
PASSED.
AYES- 11 NOES- 0
No. 176
Harbour Place Marina, Inc. - Petition to use
2192 Niagara - Pole Sign
(Item No. 99, C.C.P., July 11, 1995)
(Item No. 193, C.C.P., July 25, 1995)
That after a public hearing before the Committee on Legislation
on October 10, 1995, the petition of Harbour Place Marina, Inc., owner, for
permission to use 2192 Niagara Street for a pole sign be, and hereby is denied.
ADOPTED.
AYES- BELL, CZAJKA, FRANCZYK, HELFER, LOCKWOOD, LOTEMPIO, PERLA, PITTS,
ZUCHLEWSKI- 9
NOES- ARTHUR, COPPOLA- 2
No. 177
Rename Sheridan as Mt. Olive
(Item # 159 CCP July 11, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 178
Ordinance Amendment
Chapter 441 - Telephone Facilities
(Item No. 169, C.C.P., Sept. 5, 1995)
That the above item be, and the same hereby is, returned to the
Common Council without recommendation.
Mr. Coppola moved that the above item be recommitted to the Committee on
Legislation.
ADOPTED.
No. 179
Ord. Amendment Ch. 441 - Phone Facilities
(Item # 37 CCP October 3, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
Mr. Coppola moved that the above item be recommitted to the Committee on
Legislation.
ADOPTED.
No. 180
Reappointment of Members to the
Buffalo Preservation Board
(Item No. 1, C.C.P., Oct. 3, 1995)
That the reappointment of members of the Buffalo Preservation
Board of Gwen A. Howard, 9 Malta Place, Buffalo, 14201; Brian P. Brady A.I.A.,
96 Linden Avenue, Buffalo, 14214, for three year terms effective September 1,
1995 and expiring August 31, 1998, are hereby confirmed; and
That the reappointment of David T. Stieglitz remain in the Committee on
Legislation.
ADOPTED.
No. 181
Appointment of Members - Examining Board of Plumbers
(Item No. 2, C. C. P., Oct. 3, 1995)
That the appointment of members of the Examining Board of Plumbers
of Harold K. Fawcett, 197 Vermont Street, for a term expiring December 31,
1995; of Dominic N. Macri, 11 Dallas, for a term expiring December 31, 1997, be
and hereby are accepted.
ADOPTED.
No. 182
Appt. Members War Mem. Stadium Board
(Item No. 3, CCP, 10/3/95)
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
No. 183
Closure of Canton Alley Between Dewey and Leroy Avenue
(Item No. 23. C.C.P.. Oct. 3. 1995)
That the Commissioner of Public Works be. and he hereby is authorized
to approve the closure of Canton Alley to vehicular traffic between East
Oakwood and Leroy under the same conditions as listed in the above mentioned
communication.
PASSED.
AYES- 11 NOES- 0
No. 184
Encroachment - 718 Elmwood Avenue - Sidewalk Cafe
(Item No. 30, C.C.P., Oct. 3, 1995)
That the Commissioner of Public Works be, and he hereby is, authorized
to issue a "mere license" to Mr. Robert Mollot, owner of Too Taste Restaurant,
located at 718 Elmwood 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 twenty feet (20') in length
or extend more than ten feet (10') 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- 11 NOES- 0
No. 185
Encroachment - 1463 Hertel Avenue - Sidewalk Cafe
(Item No. 31, C.C.P., Oct. 3, 1995)
That the Commissioner of Public Works be, and he hereby is, authorized
to issue a "mere license" to Kin Wah Siu, owner of The Hong Kong Buffet,
located at 1463 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 twenty feet (20') in length
or extend more than ten feet (10') 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- 11 NOES- 0
No. 186
Mowing Private Lot Costs
(Item # 41 CCP October 3, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 187
William Blatner - Petition to use
2480 Delaware - Pole Sign
(Item No. 94, C.C.P., Sept. 19, 1995)
(Item No. 181, C.C.P., Oct. 3, 1995)
That after a public hearing before the Committee on Legislation
on October 10, 1995, the petition of William Blatner, owner, for permission to
use 2480 Delaware Avenue for a pole sign be, and hereby is approved with the
following condition:
That the existing pole sign and existing ground sign be replaced by one
new pole sign and that the new pole sign have green space surrounding it.
PASSED.
AYES- 11 NOES- 0
ECONOMIC DEVELOPMENT
HON. CARL A. PERLA JR.
CHAIRMAN
No. 188
Prop. Relocation of Can Am Rapid Courier to BEDZ
(Item No. 80, C.C.P. 6/27/95)
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- Mr. Lou Tramell-Community Development
Mr. Pitts now moved that the hearing be closed. Seconded by Mr. Czajka.
CARRIED.
Mr. Pitts moved:
Whereas, Can-Am Rapid Courier, Inc. has been located at 255 Great Arrow
Avenue, Buffalo, New York 14207 for the past ten years, and
Whereas, Can-Am Rapid Courier, Inc. plans to replace independent
contractors who now perform trucking services with their own drivers which
could total 30 people within the next three years, and
Whereas, Can Am Rapid Courier, Inc.. attempted to relocate in North
Buffalo where it is presently located, and
Whereas, no comparable space could be located, and
Whereas, a suitable space has been found in the Harrison Industrial Park,
60 Clyde Avenue, Buffalo, New York, and
Whereas, The City of Buffalo Common Council has heard public comments
that extraordinary circumstances exist to warrant the relocation of Can Am
Rapid Courier, Inc. in The City of Buffalo Economic Development Zone.
Now, Therefore, Be It Resolved
That the City of Buffalo consents to the relocation of Can Am Rapid
Courier, Inc. from 255 Great Arrow Ave., Buffalo, New York 14207 North Buffalo
to the Harrison Industrial Park, 60 Clyde Avenue, Buffalo, New York 14215
within the Buffalo Economic Development Zone.
PASSED.
AYES- 11 NOES- 0
No. 189
Prop. Relocation of Concept Trans. to BEDZ
(Item No. 81, C.C.P. 6/27/95)
That the above item be and the same is returned to the Common
Council without recommendation.
A public hearing has been set, before the Common Council, at this
regularly scheduled meeting, on the above item, and a Notice of same has been
published in the Buffalo News, a copy of which is attached hereto.
On a motion by Mr. Pitts, seconded by Mr. Coppola, the item is properly
before the Common Council, and the hearing be opened.
CARRIED
Appearances - Mr. Louis Trammell- Community Development
Mr. Pitts now moved that the hearing be closed. Seconded by
Mrs.LoTempio.
CARRIED.
Mr. Pitts moved:
That the City of Buffalo consents to the relocation of Concept
International Transportation, Inc. from 151 Botford Place, Buffalo, New York
14207 North Buffalo to 368 Sycamore Street, Buffalo, New York 14204 within the
Buffalo Economic Development Zone,
PASSED.
AYES- 11 NOES- 0
URBAN RENEWAL AGENCY COMMITTEE
HON. CLIFFORD BELL
CHAIRMAN
No. 190
Waterfront UR Plan Amendment
(Item # 69 CCP February 7, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 191
Waterfront UR Plan Amendment
(Item # 10 CCP February 21, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 192
Set Hearing UR Plan Amendment
(Item # 57 CCP February 21, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
Mr. Bell moved that the above item be recommitted to the on Urban Renewal
Agency Committee.
ADOPTED.
No. 193
Acq. Higgins/Conrail Prop. - Crossroads
(Item # 60 CCP March 7, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 194
Abandon prtn. Ind./Balt./Miss. - Arena
(Item # 36 CCP October 18, 1994)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 195
Review BURA Land Purchase,
Mississippi and Baltimore Streets
(Item No. 224, C.C.P., Mar. 7, 1995)
That the Common Council review the B.U.R.A. contract for the purchase
of land bounded by Mississippi and Baltimore, Perry and South Park Avenue; and
That the Common Council's Urban Renewal Agency Committee requests the
B.U.R.A. to provide a full report of the present negotiations.
ADOPTED.
No. 196
Moratorium - Permits in the Cobblestone District
(Item No. 170, C.C.P., Sept. 5, 1995)
That this Common Council hereby declares a moratorium on permits
for projects in the Cobblestone Historic District.
ADOPTED.
AYES- BELL, COPPOLA, CZAJKA, FRANCZYK, HELFER, LOCKWOOD, LOTEMPIO PERLA,
PITTS, ZUCHLEWSKI- 10
NOES- ARTHUR- 1
No. 197
1-Family Prop. Distrib. to Public Safety Empl.
(Item # 166 CCP January 24, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 198
Housing Subsidy for Public Safety Empl.
(Item # 62 CCP February 21, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 199
Housing Subsidy for Public Safety Empl.
(Item # 81 CCP March 21, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 200
Req. Report on all Horizon Comm. projects
(Item # 129 CCP May 17, 1994)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 201
Req. Info on Waterfront Plans
(Item # 207 CCP September 20, 1994)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 202
Info. on Waterfront Plans
(Item # 51 CCP October 18, 1994)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 203
Identify BURA Resources
(Item # 152 CCP April 18, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 204
Identify BURA Resources
(Item # 167 CCP May 30, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
POLICE REORGANIZATION
HON DAVID J. CZAJKA
CHAIRMAN
No. 205
Status - Expansion of Pct. #13
(Item # 189 CCP January 24, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 206
Update on Reorganization Pct. #13
(Item # 23 CCP February 7, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 207
Use 389 Virginia for Police Precinct
(Item # 176 CCP June 13, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 208
Use 389 Virginia for Distr. Police Station
(Item # 70 CCP June 27, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No.209
Use 389 Virginia for Police Station
(Item # 65 CCP July 25, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 210
Relocation Adult Learning Center 389 Virginia
(Item # 114 CCP,July 25, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 211
Comm. Evaluation Panel - So. District Consol. Report
(Item # 80 CCP April 4, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 212
Status - Investigation of 1994 Homicides
(Item # 120 CCP December 13, 1994)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 213
Local Response To Crime Bill Priorities
(Item # 154 CCP February 7, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 214
Response To Crime Bill Priorities
(Item # 167 CCP March 7, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 215
Relocate Police Academy to Oak St.
(Item # 192 CCP April 4, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 216
911 Calls
(Item # 199 CCP October 3, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
RESOLUTIONS
No. 217
By: Mr. Arthur
Negotiate Agreements for Five Percent
Entertainment Surcharge
Whereas: In meetings over the past several months, discussions
regarding revenue generated by the entertainment ticket surcharge have taken
place as part of the budget process, and most recently in talks with the
Buffalo Philharmonic Orchestra; and
Whereas: In meeting with representatives of the BPO, the Council learned
that although the orchestra has collected money from its patrons to cover the
cost of the ticket surcharge, they have not remitted the money to the city, in
part because there is no agreement between the city and the BPO relative to the
ticket surcharge; and
Whereas: In addition to the BPO, other entities may not be remitting moneys
to the City of Buffalo because similar agreements have not been properly
prepared; and
Whereas: In light of the fiscal crisis facing the city, it is important that
all intended revenue be collected and that all entities that are not complying
with the ticket surcharge be made to do so;
Now, Therefore, Be It Resolved:
That this Common Council request that the Corporation Counsel, the
Commissioner of Administration & Finance, and the Comptroller begin negotiating
five percent (5%) ticket surcharge agreements with all entities who have not
signed such an agreement as outlined in the Common Council Resolution #20,
C.C.P. May 3, 1993 ; and
Be It Further Resolved:
That such entities shall include but not be limited to the Convention
Center, Shea's Buffalo Theater, Taste of Buffalo, Friendship Festival, Italian
Festival and B.U.R.A.; and
Be It Further Resolved:
That the negotiating parties file with the Common Council copies of the
agreements within thirty days of the passage of this resolution. If for any
reason negotiations are not completed, the negotiating parties are to inform
this Honorable Body as to the reason for the delay; and
Be It Finally Resolved:
That such agreements stipulate that payments are to be made to the City
of Buffalo on a quarterly basis with penalty for late payments.
ADOPTED.
No. 218
By: Mr. Arthur
Excuse Council Member Barbara Miller-Williams
from Meeting
Whereas: Councilmember Barbara Miller-Williams will be out of town
on Tuesday, October 17, 1995 because of personal business.
Now, Therefore, Be It Resolved:
This Common Council excuses her from attendance at this meeting.
ADOPTED.
No. 219
By: Mr. Arthur
Excuse Council Member David Collins from meeting.
Whereas: Councilmember David A. Collins will be out of town on
Tuesday, October 17, 1995.
Now, Therefore It Be Resolved:
This Common Council excuses him from attendance at this meeting.
ADOPTED.
No. 220
By: Mr. Bell
State Lottery Proceeds
Whereas: Nearly four years ago, this Honorable Body adopted a resolution
asking for information regarding proceeds from the New York State Lottery (Res.
139, C.C.P. November 24,1992); and
Whereas: The resolution addressed the issue of why the lottery has not
produced the dramatic increase in funding for the educational system that
proponents had promised; and
Whereas: This resolution was directed to the State Lottery Division,
Education Department, and the Western New York delegation to the State
Legislature;
Whereas: To date, no response has been received; and
Whereas As the original resolution pointed out, it is important to
understand this issue thoroughly so that we will be better able to enhance our
ability to more adequately fund education in New York State; and
Whereas: Although we have not received any answers from Albany, the Buffalo
Board of Education may be able to provide the information needed to gain a
fuller understanding of this very significant funding source;
Now, Therefore Be It Resolved:
That this Common Council requests the Buffalo Board of Education to file
a report explaining what the overall financial impact of the New York State
Lottery has been on the Buffalo School System; and
Be It Further Resolved:
That the City Clerk forward certified copies of this resolution to the
Western New York delegation to the New York State Legislature, and ask that
each member respond to the concerns expressed regarding educational funding and
the state lottery.
ADOPTED.
No. 221
By: Messrs. Bell, Helfer, Arthur
Information on Geographic Information System and
Update on Police and Fire Computer Aided Dispatch Systems
Whereas: The Buffalo Urban Renewal Agency approved a request from
the Division of Planning for permission to contract with Fairfield Digitizing
Service, Inc. for a Geographic Information System base map of all parcels,
census tracts, streets, etc. for the City of Buffalo; and
Whereas: This base map can be utilized in conjunction with other city
databases such as assessment information to generate physical drawings, charts,
graphs, and other detailed information for a variety of applications to be used
by all city departments including the Common Council; and
Whereas: Creating databases in the Department of Public Works for water
infrastructure, sidewalks, streets overlay, etc.; in the Parks Department for
such things as trees and playgrounds; in the Streets Department for garbage,
trash and recycling routes; and in Parking Enforcement for parking meters will
provide the capabilities of adding layers to the base map for more detailed
retrieval; and
Whereas: Other departments and agencies such as Police, Fire, and the
Buffalo Sewer Authority have existing databases and mapping capabilities that
can already be used in conjunction with the Division of Planning's base map;
and
Whereas: At the Buffalo Urban Renewal Agency meeting as questions were
raised about the compatibility of this system with Police and Fire CAD systems,
Agency members raised concerns about the Police CAD and the status of
implementation of the Fire Department CAD system; and
Whereas: It has been more than a year since the CAD purchase was originally
authorized for the Fire Department. In fact prior to the current year budget
deliberations, the Fire Department agreed to bring in the CAD vendor to give a
demonstration of the system being designed for the City of Buffalo; and
Whereas: Information on the Fire and Police CAD systems is not only
necessary as it relates to the GIS, but also in terms of increased efficiency
of both departments; and
Whereas: It is not clear what role the Division of Data Processing will play
in the overall operation of the GIS and its relation and access to all city
departments;
Now, Therefore, Be It Resolved:
That the Division of Planning give a complete explanation of the GIS base
map and its applications, including in the report responsibility for
maintaining and updating data for both the base map and proposed layers, how
difficult it will be to incorporate data collected by other departments like
the Buffalo Sewer Authority, Police and Fire, what steps other departments such
as Public Works, Streets, Parks, Parking Enforcement, and others will have to
take in order to build layers useful to their respective departments; and
Be It Further Resolved:
That the Commissioner of Police file a report on its CAD system's
operation and efficiency, and applications which may be incorporated with the
GIS; and
Be It Further Resolved:
That the Commissioner of Fire provide an update on the Fire CAD system
including its status, how soon it will be operational, when it will be ready
for demonstration, and how it will interact with the GIS; and
Be It Finally Resolved:
That the Division of Data Processing report on the role it will play in
facilitating city departments in the operation of the GIS.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 222
By: Mr. Collins:
Bond Resolution
$70,000 Bonds
Improvements to Parks & Playgrounds
Ellicott District
Account 200-717-035
Bond Resolution of the City of Buffalo, New York, authorizing
the issuance of $70,000 General Improvement Bonds of said City to finance the
cost of improvements to parks and playgrounds in the Ellicott Councilmanic
District in the City, at the estimated maximum cost of $70,000.
The Common Council of the City of Buffalo, in the County of Erie, New
York, hereby resolves (by the favorable vote of not less than two-thirds of all
the members of said Common Council) as follows:
Section 1. The Comptroller of the City of Buffalo, in the County of Erie,
New York (herein called "City"), is hereby authorized and directed to issue
General Improvement Bonds of said City in the principal amount of Seventy
Thousand Dollars ($70,000), pursuant to the provisions of the Charter of said
City and the Local Finance Law, constituting Chapter 33-a of the Consolidated
Laws of the State of New York (the "Law") to finance the construction of
improvements to parks and playgrounds in the Ellicott Councilmanic District in
the City. The estimated maximum cost of said class of objects or purposes for
which the bonds authorized by this resolution are to be issued, including
preliminary costs and costs incidental thereto and the financing thereof, is
$70,000, as set forth in the duly adopted Capital Improvements Budget of said
City for fiscal year 1995-96, as amended.
Section 2. The proceeds of the sale of the bonds authorized by this
resolution, or any bond anticipation notes issued in anticipation of the sale
of said bonds, shall be deposited in the Capital Projects Fund to the credit of
the Department of Community Development, Division of Development,
"Improvements-Play/Playground - Ellicott, 1995-96," Bond Authorization Account
No. 200-717-035, and shall be used for the purpose specified in Section I of
this resolution.
Section 3. The City intends to finance, on an interim basis, the costs or
a portion of the costs of said improvements for which bonds are herein
authorized, which costs are reasonably expected to be incurred by the City,
pursuant to this Bond Resolution, in the maximum amount of $70,000. This
resolution is a declaration of Official Intent adopted pursuant to the
requirements of Treasury Regulation Section 1. 150-2.
Section 4. The following additional matters are hereby determined and
stated:
(a) The period of probable usefulness applicable to the class of
objects or purposes for which the bonds authorized by this resolution are to be
issued, within the limitations of Section 11.00 a. 19 (c) of the Local Finance
Law, is fifteen (15) years.
(b) Current funds are not required by the Law to be provided as a down
payment prior to the issuance of the bonds authorized by this resolution or any
bond anticipation notes issued in anticipation thereof in accordance with
Section 107.00 d. 9. of the Law.
Section 5. Each of the bonds authorized by this resolution and any bond
anticipation notes issued in anticipation of the sale of said bonds and the
renewals of said notes shall contain the recital of validity as prescribed by
Section 52.00 of the Local Finance Law. Said bonds and said notes shall be
general obligations of the City of Buffalo payable as to both principal and
interest by a general tax upon all the taxable real property within said City
without limitation as to rate or amount. The faith and credit of said City are
hereby irrevocably pledged to the punctual payment of the principal of and
interest on said bonds and said notes. Provision shall be made annually by
appropriation by said City for the payment of interest on and for the amounts
required for the amortization and redemption of said bonds and said notes.
Section 6. The validity of the bonds authorized by this resolution or
any bond anticipation notes issued in anticipation of the sale of said bonds,
may be contested only if:
(a) such obligations are authorized for an object or purpose for which the
City of Buffalo is not authorized to expend money, or
(b) the provisions of law which should be complied with at the date of the
publication of such resolution are not substantially complied with,
and an action, suit or proceeding contesting such validity, is commenced within
twenty days after the date of such publication, or
(c) such obligations are authorized in violation of the provisions of the
constitution.
Introduced: October 17, 1995
LAID ON THE TABLE.
No. 223
By: Mr. Collins:
Bond Resolution
$84,000 Bonds Improvements to Parks & Playgrounds
Fillmore District
Account 200-717-040
Bond Resolution of the City of Buffalo, New York, authorizing
the issuance of $94,000 General Improvement Bonds of said City to finance the
cost of construction of improvements to parks and playgrounds in the Fillmore
Councilmanic District in the City, at the estimated maximum cost of $84,000.
The Common Council of the City of Buffalo, in the County of Erie, New
York, hereby resolves (by the favorable vote of not less than two-thirds of all
the members of said Common Council) as follows:
Section 1. The Comptroller of the City of Buffalo, in the County of Erie,
New York (herein called "City"), is hereby authorized and directed to issue
General Improvement Bonds of said City in the principal amount of Eighty Four
Thousand Dollars ($84,000), pursuant to the provisions of the Charter of said
City and the Local Finance Law, constituting Chapter 33-a of the Consolidated
Laws of the State of New York (the "Law") to finance the construction of
improvements to parks and playgrounds in the Fillmore Councilmanic District in
the City. The estimated maximum cost of said class of objects or purposes for
which the bonds authorized by this resolution are to be issued, including
preliminary costs and costs incidental thereto and the financing thereof, is
$84,000, as set forth in the duly adopted Capital Improvements Budget of said
City for fiscal year 1995-96, as amended.
Section 2. The proceeds of the sale of the bonds authorized by this
resolution, or any bond anticipation notes issued in anticipation of the sale
of said bonds, shall be deposited in the Capital Projects Fund to the credit of
the Department of Community Development, Division of Development, "Improvements
Park, Play Fillmore District, 1995-96," Bond Authorization Account No.
200-717-040, and shall be used for the purpose specified in Section I of this
resolution.
Section 3. The City intends to finance, on an interim basis, the costs or
a portion of the costs of said improvements for which bonds are herein
authorized, which costs are reasonably expected to be incurred by the City,
pursuant to this Bond Resolution, in the maximum amount of $84,000. This
resolution is a declaration of Official Intent adopted pursuant to the
requirements of Treasury Regulation Section 1. 150-2.
Section 4. The following additional matters are hereby determined and
stated:
(a) The period of probable usefulness applicable to the class of
objects or purposes for which the bonds authorized by this resolution are to be
issued, within the limitations of Section I 1.00 a. 19 (c) of the Local Finance
Law, is fifteen (15) years.
(b) Current funds are not required by the Law to be provided as a down
payment prior to the issuance of the bonds authorized by this resolution or any
bond anticipation notes issued in anticipation thereof in accordance with
Section 107.00 d. 9. of the Law.
Section 5. Each of the bonds authorized by this resolution and any bond
anticipation notes issued in anticipation of the sale of said bonds and the
renewals of said notes shall contain the recital of validity as prescribed by
Section 52.00 of the Local Finance Law. Said bonds and said notes shall be
general obligations of the City of Buffalo payable as to both principal and
interest by a general tax upon all the taxable real property within said City
without limitation as to rate or amount. The faith and credit of said City are
hereby irrevocably pledged to the punctual payment of the principal of and
interest on said bonds and said notes. Provision shall be made annually by
appropriation by said City for the payment of interest on and for the amounts
required for the amortization and redemption of said bonds and said notes.
Section 6. The validity of the bonds authorized by this resolution or
any bond anticipation notes issued in anticipation of the sale of said bonds,
may be contested only if:
(a) such obligations are authorized for an object or purpose for which
the City of Buffalo is not authorized to expend money, or
(b) the provisions of law which should be complied with at the date of
the publication of such resolution are not substantially complied with,
and an action, suit or proceeding contesting such validity, is commenced within
twenty days after the date of such publication, or
(c) such obligations are authorized in violation of the provisions of the
constitution.
Introduced: October 17, 1995
LAID ON THE TABLE.
No. 224
By: Mr. Collins:
Bond Resolution $100,000 Bonds
Renovation of Citywide Playgrounds
Account 200-717-024
Bond Resolution of the City of Buffalo, New York, authorizing
the issuance of $100,000 General Improvement Bonds of said City to finance the
cost of renovation of Citywide Playgrounds at various locations in the City at
the estimated maximum cost of $100,000.
The Common Council of the City of Buffalo, in the County of Erie, New
York, hereby resolves (by the favorable vote of not less than two-thirds of all
the members of said Common Council) as follows:
Section 1. The Comptroller of the City of Buffalo, in the County of
Erie, New York (herein called "City"), is hereby authorized and directed to
issue General Improvement Bonds of said City in the principal amount of One
Hundred Thousand Dollars ($100,000), pursuant to the provisions of the Charter
of said City and the Local Finance Law, constituting Chapter 33-a of the
Consolidated Laws of the State of New York (the "Law") to finance the
renovation of Citywide Playgrounds including removal of hazardous play
equipment and installation of new play equipment at various playground
locations in the City. The estimated maximum cost of said class of objects or
purposes for which the bonds authorized by this resolution are to be issued,
including preliminary costs and costs incidental thereto and the financing
thereof, is $100,000, as set forth in the duly adopted Capital Improvements
Budget of said City for fiscal year 1995-96, as amended.
Section 2. The proceeds of the sale of the bonds authorized by this
resolution, or any bond anticipation notes issued in anticipation of the sale
of said bonds, shall be deposited in the Capital Projects Fund to the credit of
the Department of Community Development, Division of Development,
"Rehabilitation Citywide Playgrounds," 1995-96, Bond Authorization Account No.
200-717-024, and shall be used for the purpose specified in Section I of this
resolution.
Section 3. The City intends to finance, on an interim basis, the costs or
a portion of the costs of said improvements for which bonds are herein
authorized, which costs are reasonably expected to be incurred by the City,
pursuant to this Bond Resolution, in the maximum amount of $70,000. This
resolution is a declaration of Official Intent adopted pursuant to the
requirements of Treasury Regulation Section 1. 150-2.
Section 4. The following additional matters are hereby determined and
stated:
(a) The period of probable usefulness applicable to the
class of objects or purposes for which the bonds authorized by this resolution
are to be issued, within the limitations of Section 11.00 a. 19 (c) of the
Local Finance Law, is fifteen (15) years.
(b) Current funds are not required by the Law to be
provided as a down payment prior to the issuance of the bonds authorized by
this resolution or any bond anticipation notes issued in anticipation thereof
in accordance with Section 107.00 d. 9. of the Law.
Section 5. Each of the bonds authorized by this resolution and any bond
anticipation notes issued in anticipation of the sale of said bonds and the
renewals of said notes shall contain the recital of validity as prescribed by
Section 52.00 of the Local Finance Law. Said bonds and said notes shall be
general obligations of the City of Buffalo payable as to both principal and
interest by a general tax upon all the taxable real property within said City
without limitation as to rate or amount. The faith and credit of said City are
hereby irrevocably pledged to the punctual payment of the principal of and
interest on said bonds and said notes. Provision shall be made annually by
appropriation by said City for the payment of interest on and for the amounts
required for the amortization and redemption of said bonds and said notes.
Section 6. The validity of the bonds authorized by this resolution or any
bond anticipation notes issued in anticipation of the sale of said bonds, may
be contested only if:
(a) such obligations are authorized for an object or purpose for which
the City of Buffalo is not authorized to expend money, or
(b) the provisions of law which should be complied with at the date of
the publication of such resolution are not substantially complied with,
and an action, suit or proceeding contesting such validity, is commenced within
twenty days after the date of such publication, or
(c) such obligations are authorized in violation of the provisions of the
constitution.
Introduced: October 17, 1995
LAID ON THE TABLE.
No. 225
By: Mr. Collins:
Bond Resolution $100,000 Bonds
Reconstruction of Basketball & Tennis Courts
Account 200-717-012
Bond Resolution of the City of Buffalo, New York, authorizing
the issuance of $ 100,000 General Improvement Bonds of said City to finance the
cost of partial reconstruction of basketball and tennis courts at various parks
and playground areas located in the City at the estimated maximum cost of
$100,000.
The Common Council of the City of Buffalo, in the County of Erie, New
York, hereby resolves (by the favorable vote of not less than two-thirds of all
the members of said Common Council) as follows:
Section 1. The Comptroller of the City of Buffalo, in the County of Erie,
New York (herein called "City"), is hereby authorized and directed to issue
General Improvement Bonds of said City in the principal amount of One Hundred
Thousand Dollars ($100,000), pursuant to the provisions of the Charter of said
City and the Local Finance Law, constituting Chapter 33-a of the Consolidated
Laws of the State of New York (the "Law") to finance the partial reconstruction
of basketball and tennis courts at various parks and playground areas located
in the City. The estimated maximum cost of said class of objects or purposes
for which the bonds authorized by this resolution are to be issued, including
preliminary costs and costs incidental thereto and the financing thereof, is
$100,000, as set forth in the duly adopted Capital Improvements Budget of said
City for fiscal year 1995-96, as amended.
Section 2. The proceeds of the sale of the bonds authorized by this
resolution, or any bond anticipation notes issued in anticipation of the sale
of said bonds, shall be deposited in the Capital Projects Fund to the credit of
the Department of Community Development, Division of Development,
"Reconstruction Basketball/Tennis Courts-Various, 1995-96, " Bond Authorization
Account No. 200-717-012, and shall be used for the purpose specified in Section
I of this resolution.
Section 3. The City intends to finance, on an interim basis, the costs or
a portion of the costs of said improvements for which bonds are herein
authorized, which costs are reasonably expected to be incurred by the City,
pursuant to this Bond Resolution, in the maximum amount of $100,000. This
resolution is a declaration of Official Intent adopted pursuant to the
requirements of Treasury Regulation Section 1. 150-2.
Section 4. The following additional matters are hereby determined and
stated:
(a) The period of probable usefulness applicable to the class of
objects or purposes for which the bonds authorized by this resolution are to be
issued, within the limitations of Section I 1.00 a. 19 (c) of the Local Finance
Law, is fifteen (15) years.
(b) Current funds are not required by the Law to be provided as a down
payment prior to the issuance of the bonds authorized by this resolution or any
bond anticipation notes issued in anticipation thereof in accordance with
Section 107.00 d. 9. of the Law.
Section 5. Each of the bonds authorized by this resolution and any bond
anticipation notes issued in anticipation of the sale of said bonds and the
renewals of said notes shall contain the recital of validity as prescribed by
Section 52.00 of the Local Finance Law. Said bonds and said notes shall be
general obligations of the City of Buffalo payable as to both principal and
interest by a general tax upon all the taxable real property within said City
without limitation as to rate or amount. The faith and credit of said City are
hereby irrevocably pledged to the punctual payment of the principal of and
interest on said bonds and said notes. Provision shall be made annually by
appropriation by said City for the payment of interest on and for the amounts
required for the amortization and redemption of said bonds and said notes.
Section 6. The validity of the bonds authorized by this resolution or any
bond anticipation notes issued in anticipation of the sale of said bonds, may
be contested only if:
(a) such obligations are authorized for an object or purpose for which
the City of Buffalo is not authorized to expend money, or
(b) the provisions of law which should be complied with at the date of
the publication of such resolution are not substantially complied with,
and an action, suit or proceeding contesting such validity, is commenced within
twenty days after the date of such publication, or
(c) such obligations are authorized in violation of the provisions of the
constitution.
Introduced: October 17, 1995
LAID ON THE TABLE.
No. 226
By: Mr. Collins:
Bond Resolution $140,000 Bonds
Improvements to Conway Park
Account 200-717-032
Bond Resolution of the City of Buffalo, New York, authorizing
the issuance of $140,000 General Improvement Bonds of said City to finance the
cost of improvements to Conway Park located in the City at the estimated
maximum cost of $140,000.
The Common Council of the City of Buffalo, in the County of Erie, New
York, hereby resolves (by the favorable vote of not less than two-thirds of all
the members of said Common Council) as follows:
Section 1. The Comptroller of the City of Buffalo, in the County of Erie,
New York (herein called "City"), is hereby authorized and directed to issue
General Improvement Bonds of said City in the principal amount of One Hundred
Forty Thousand Dollars ($140,000), pursuant to the provisions of the Charter of
said City and the Local Finance Law, constituting Chapter 33-a of the
Consolidated Laws of the State of New York (the "Law") to finance the
construction of improvements to Conway Park in the City, including a new
concession and restroom building. The estimated maximum cost of said class of
objects or purposes for which the bonds authorized by this resolution are to be
issued, including preliminary costs and costs incidental thereto and the
financing thereof, is $140,000, as set forth in the duly adopted Capital
Improvements Budget of said City for fiscal year 1995-96, as amended.
Section 2. The proceeds of the sale of the bonds authorized by this
resolution, or any bond anticipation notes issued in anticipation of the sale
of said bonds, shall be deposited in the Capital Projects Fund to the credit of
the Department of Community Development, Division of Development,
"Improvements-Conway Park, 1995-96," Bond Authorization Account No.
200-717-032, and shall be used for the purpose specified in Section I of this
resolution.
Section 3. The City intends to finance, on an interim basis, the costs or
a portion of the costs of said improvements for which bonds are herein
authorized, which costs are reasonably expected to be incurred by the City,
pursuant to this Bond Resolution, in the maximum amount of $140,000. This
resolution is a declaration of Official Intent adopted pursuant to the
requirements of Treasury Regulation Section 1. 150-2.
Section 4. The following additional matters are hereby determined and
stated:
(a) The period of probable usefulness applicable to the class of
objects or purposes for which the bonds authorized by this resolution are to be
issued, within the limitations of Section I 1.00 a. 19 (c) of the Local Finance
Law, is fifteen (15) years.
(b) Current funds are not required by the Law to be provided as a down
payment prior to the issuance of the bonds authorized by this resolution or any
bond anticipation notes issued in anticipation thereof in accordance with
Section 107.00 d. 9. of the Law.
Section 5. Each of the bonds authorized by this resolution and any bond
anticipation notes issued in anticipation of the sale of said bonds and the
renewals of said notes shall contain the recital of validity as prescribed by
Section 52.00 of the Local Finance Law. Said bonds and said notes shall be
general obligations of the City of Buffalo payable as to both principal and
interest by a general tax upon all the taxable real property within said City
without limitation as to rate or amount. The faith and credit of said City are
hereby irrevocably pledged to the punctual payment of the principal of and
interest on said bonds and said notes. Provision shall be made annually by
appropriation by said City for the payment of interest on and for the amounts
required for the amortization and redemption of said bonds and said notes.
Section 6. The validity of the bonds authorized by this resolution or any
bond anticipation notes issued in anticipation of the sale of said bonds, may
be contested only if:
(a) such obligations are authorized for an object or purpose for which
the City of Buffalo is not authorized to expend money, or
(b) the provisions of law which should be complied with at the date of
the publication of such resolution are not substantially complied with,
and an action, suit or proceeding contesting such validity, is commenced within
twenty days after the date of such publication, or
(c) such obligations are authorized in violation of the provisions of the
constitution.
Introduced: October 17, 1995
LAID ON THE TABLE.
No. 227
By Mr. Collins:
Bond Resolution $150,000 Bonds
Citywide Tree Planting Program
Account 200-717-026
Bond Resolution of the City of Buffalo, New York, authorizing
the issuance of $150,000 General Improvement Bonds of said City to finance the
cost of Rehabilitation and Replacement of Ornamental Shade Trees at various
locations in the City at the estimated maximum cost of $150,000.
The Common Council of the City of Buffalo, in the County of Erie, New
York, hereby resolves (by the favorable vote of not less than two-thirds of all
the members of said Common Council) as follows:
Section 1. The Comptroller of the City of Buffalo, in the County of Erie,
New York (herein called "City"), is hereby authorized and directed to issue
General Improvement Bonds of said City in the principal amount of One Hundred
Fifty Thousand Dollars ($150,000), pursuant to the provisions of the Charter of
said City and the Local Finance Law, constituting Chapter 33-a of the
Consolidated Laws of the State of New York (the "Law") to finance the cost of
rehabilitation and replacement of ornamental shade trees at various locations
in the City. The estimated maximum cost of said class of objects or purposes
for which the bonds authorized by this resolution are to be issued, including
preliminary costs and costs incidental thereto and the financing thereof, is
$150,000, as set forth in the duly adopted Capital Improvements Budget of said
City for fiscal year 1995-96, as amended.
Section 2. The proceeds of the sale of the bonds authorized by this
resolution, or any bond anticipation notes issued in anticipation of the sale
of said bonds, shall be deposited in the Capital Projects Fund to the credit of
the Department of Community Development, Division of Development, "Citywide
Tree Planting Program, 1995-96," Bond Authorization Account No. 200-717-026,
and shall be used for the purpose specified in Section I of this resolution.
Section 3. The City intends to finance, on an interim basis, the costs or
a portion of the costs of said improvements for which bonds are herein
authorized, which costs are reasonably expected to be incurred by the City,
pursuant to this Bond Resolution, in the maximum amount of $70,000. This
resolution is a declaration of Official Intent adopted pursuant to the
requirements of Treasury Regulation Section 1. 150-2.
Section 4. The following additional matters are hereby determined and
stated:
a) The period of probable usefulness applicable to the class of
objects or purposes for which the bonds authorized by this resolution are to be
issued, within the limitations of Section I 1.00 a. 57 (1st) of the Local
Finance Law, is five (5) years.
(b) Current funds are not required by the Law to be provided as a down
payment prior to the issuance of the bonds authorized by this resolution or any
bond anticipation notes issued in anticipation thereof in accordance with
Section 107.00 d. 9. of the Law.
Section 5. Each of the bonds authorized by this resolution and any bond
anticipation notes issued in anticipation of the sale of said bonds and the
renewals of said notes shall contain the recital of validity as prescribed by
Section 52.00 of the Local Finance Law. Said bonds and said notes shall be
general obligations of the City of Buffalo payable as to both principal and
interest by a general tax upon all the taxable real property within said City
without limitation as to rate or amount. The faith and credit of said City are
hereby irrevocably pledged to the punctual payment of the principal of and
interest on said bonds and said notes. Provision shall be made annually by
appropriation by said City for the payment of interest on and for the amounts
required for the amortization and redemption of said bonds and said notes.
Section 6. The validity of the bonds authorized by this resolution or
any bond anticipation notes issued in anticipation of the sale of said bonds,
may be contested only if:
(a) such obligations are authorized for an object or purpose for which the
City of Buffalo is not authorized to expend money, or
(b) the provisions of law which should be complied with at the date of the
publication of such resolution are not substantially complied with, and an
action, suit or proceeding contesting such validity, is commenced within twenty
days after the date of such publication, or
(c) such obligations are authorized in violation of the provisions of the
constitution.
Introduced: October 17, 1995
LAID ON THE TABLE.
No. 228
By: Mr. Collins
Increased Appropriation
Appropriation Allotments - Board of Education
That, Pursuant to Section 41 of the Charter and the Certificate
of the Mayor and the Comptroller submitted to the Common Council, the
appropriation in the budget for the current fiscal year for Appropriation
Allotments - Board of Education be and the same hereby is increased in the sum
$16,534,489.
of
That, the comptroller be and hereby is authorized and directed to
increase the revenue estimate of account:
State Aid
Basic Formula Aid $9,336,769
Support Aid 491,000
Building Aid 5,000,000
Categorical (174,167)
Other Revenues
Interfund Transfers 174,167
Sub Total $14,827,769
1994-95 Board Operating Surplus $1,706,720
Total $16,534,489
To meet the increased appropriation as set forth below:
100 General Fund
97-0 - Board of Education
$16,534,489
Operation and Maintenance.
This will increase the Board of Education Appropriation from $374,266,576
to $390,801,066 (both appropriations include debt service of $9,104,411).
PASSED.
AYES- 11 NOES-0
No. 229
By:Mr. Collins
Transfer of Fund
Common Council
That pursuant to section 42 of the Charter and the Certificate
of the Mayor and the Comptroller submitted to the Common Council, the sum of
$9,000 be and the same is hereby transferred from the Common Council and said
sum is hereby reappropriated as set forth below:
From:
100 General Fund
010 - Common Council
008 - Councilmember Helfer
110 - Salaries - Regular $9,000
To:
100 General Fund
010 - Common Council
001 - Legislative
112 -Temporary Services $9,000
PASSED.
AYES- 11 NOES- 0
No. 230
By: Messers. Czajka and Pitts and Mrs. LoTempio
Drug-Free, Gun-Free Zones Signs
at Libraries and Community Centers
Whereas: Drug-Free and Gun-Free School Zones have been established
by state law to deter violence and drug activity around schools and to return
our educational institutions to sanctuaries of learning; and
Whereas: Signs are erected by the Board of Education to promote awareness of
this legislation; and
Whereas: These zones provide for enhanced penalties against individuals who
are
convicted of gun- and drug-related crimes within a thousand feet of a public or
private, elementary or high school; and
Whereas: Also included in this legislation are any other buildings used for
the instruction of persons 19 years of age or less, or for organized school
related activities involving such persons; and
Whereas: Earlier this year this honorable body adopted resolutions
requesting that libraries and community centers be designated Drug-Free,
Gun-Free Zones, since many such educational activities take place at those
facilities throughout the City of Buffalo;
Now Therefore Be It Resolved:
That this Common Council requests the Board of Education to post GunFree,
Drug-Free School Zone signs at applicable community centers, libraries and any
other such facilities that meet the criteria of the legislation.
ADOPTED.
No. 231
By: Mr. Helfer
Site - Based Budgeting for Board of Education
Whereas: The allocation of proper funding for the education of
Buffalo's children has consistently been identified as a priority in the
preparation of the city's annual budget; and
Whereas: Various methods of analysis have been attempted to assess the
actual money needed to adequately fund the Board of Education; and
Whereas: The complexity of the Board of Education budget, inherent in a
document totaling approximately $400 Million, combined with the limited time
this Common Council has to review the budget request, often makes it difficult
to analyze and determine areas of need or areas of potential savings; and
Whereas: One way to assist this Council in its budget process would be to
provide "site based" budget data for each of the components of the Board of
Education's operations. This would enable costs for the operation of
individual schools and other functions of the school system to be easily
identified;
Now, Therefore, Be It Resolved:
That this Common Council request that the Buffalo Board of Education
implement a 'site-based' budgeting process and provide this detailed data to
this Council as a part of the annual request for funding; and
Be It Further Resolved:
That both the Superintendent of Schools and the President of the Board of
Education be requested to comment on this suggestion by filing a written
response with the City Clerk prior to 2 P.M. on Thursday, October 26, 1995.
REFERRED TO THE SPECIAL COMMITTEE ON EDUCATION, THE BOARD OF EDUCATION AND THE
CORPORATION COUNSEL.
No. 232
By: Mrs. Lotempio
Salary Ordinance Amendment
10 - Department of General Services
4 - Division of Inventory & Stores
001 - Inventory Management
The Common Council of the City of Buffalo does ordain as follows:
That part of Section I of Chapter 35 of the Ordinances of the City of
Buffalo, relating to 104 - 001 Department of General Services - Division of
Inventory & Stores Inventory Management, which reads:
12 Laborer II (Hourly) $ 9.85 - $ 11.20
is hereby amended to read:
13 Laborer II (Hourly) $ 9.85 - $ 11.20
The additional Laborer II (Hourly) is temporary through November 30,
1995.
We, Alberto J. del Valle, Commissioner of General Services and James B.
Milroy, Director of the Budget, hereby certify that the addition of one (1)
Laborer 11 (Hourly) through November 30, 1995 in 104-001 Department of General
Services Division of Inventory & Stores - Inventory Management is necessary for
the proper conduct, administration and performance of essential services of
that department. We recommend that the compensation for said position be fixed
at the amount set forth in the foregoing ordinance.
That a personnel requisition incident to the addition of the above
position, containing a statement of the duties of such position, has been filed
with the Municipal Civil Service Commission, and said Commission has approved
and certified the position title set forth in the foregoing ordinance as being
the appropriate Civil Service title for the proposed position.
Approved as to Form
Edward Peace
Corporation Counsel
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
No. 233
By: Mrs. LoTempio
Salary Ordinance Amendment
98 - Department of Water
011 - Inspection and Meter Reading
The Common Council of the City of Buffalo does ordain as follows:
That part of Section I of Chapter 35 of the Ordinances of the City of
Buffalo, relating to 980-011 - Department of Water - Inspection and Meter
Reading which reads:
6 Water Service Inspector $22,266 - $24,914
1 Water Service Inspector (James A. Berebko Only)
$22,266 - $24,914
is hereby amended to read:
6 Water Service Inspector $24,681 - $28,103
1 Water Service Inspector (James A. Berebko Only)
$24,681 - $28,103
We, Joseph Giambra, Commissioner of Public Works and James B. Milroy,
Director of the Budget, hereby certify that the above change is necessary for
the proper conduct, administration and performance of essential services of
that department. We recommend that the compensation for said position be fixed
at the amount set forth in the foregoing ordinance.
Approved as to Form
Edward Peace
Corporation Counsel
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
No. 234
By: Mrs. LoTempio and Mr. Coppola
Rodent Control Strike Force
Whereas: Residents throughout the city are complaining about the
extraordinary increase in rodent activity in their neighborhoods; and
Whereas: In addition to complaints about the rodent activity, people are
disturbed by delays in response time from the City's Street Sanitation
Department and/or the County's Department of Health; and
Whereas: In discussions with the Mayor, the Commissioner of Street
Sanitation, representatives of the Buffalo Sewer Authority, and the Buffalo
Municipal Housing Authority, it was determined that a "Strike Force" comprised
of workers from these city agencies could be established to attack the
proliferation of rodents in our community; and
Whereas: The Street Sanitation Department, BSA, and BMHA have committed to
increase manpower assigned to rodent control, and are willing to "share"
manpower and supplies in their attempt to bring this problem under control; and
Whereas: The initial focus of the Rodent Strike Force would be to create a
baiting program targeting problem areas such as construction sites, railroad
properties, vacant and abandoned buildings, and city sewers; and
Whereas: The Erie County Department of Health should also be encouraged to
either participate in this Rodent Control Strike Force or expand its rodent
control operation in the City of Buffalo;
Now, Therefore, Be It Resolved:
The Common Council request that the Mayor formally establishes a Rodent
Control Strike Force comprised of the Department of Street Sanitation, the
Buffalo Sewer Authority, and the Buffalo Municipal Housing Authority; and
Be It Further Resolved:
That the Commissioner of Street Sanitation be requested to coordinate the
creation and implementation of the Rodent Control Strike Force and file a
report with this Common Council describing its make-up, operation, and how each
agency will interact with one another; and
Be It Finally Resolved:
That upon adoption of this resolution, the City Clerk be directed to
forward certified copies to the Erie County Executive, the Members of the Erie
County Legislature, and the Erie County Department of Health to encourage them
to expand their efforts in rodent control.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE COMMISSIONER OF NEIGHBORHOODS,
HOUSING AND INSPECTIONS, THE BUFFALO MUNICIPAL HOUSING AUTHORITY, THE BUFFALO
SEWER AUTHORITY, THE MAYOR AND THE ERIE COUNTY HEALTH DEPARTMENT.
No. 235
By: Mrs. LoTempio
Re-use of Memorial Auditorium
Whereas: On Monday, October 9, 1995 the last girder was raised
to the roof of the Crossroads Arena as that project moves forward to its
scheduled completion date of Fall 1996; and
Whereas: As the Crossroads project has proceeded, there has been a good deal
of discussion about what will happen to Memorial Auditorium after the
Crossroads Arena has been completed; and
Whereas: It has been suggested that the Auditorium be adapted for various
new uses, including an aquarium and a new convention center; and
Whereas: Although the Crossroads Arena project is steadily progressing
toward completion, similar progress has not been made to find an adaptive
re-use for Memorial Auditorium; and
Whereas: If an effort is not undertaken to plan and carry out the re-use of
the "Aud" in a timely manner, it will have a tremendous adverse impact on the
development of the waterfront and central business district; and
Whereas: Since the redevelopment of Memorial Auditorium will likely be a
long process, it is important that we begin to take those steps necessary to
ensure that this building will not stand vacant and unused for years; and
Whereas: While this certainly is a tremendous challenge, it also presents a
unique opportunity for the City of Buffalo;
Now, Therefore Be It Resolved:
That this Common Council requests that the Commissioner of Community
Development report on what ideas and suggestions have been put forward for the
re-use of Memorial Auditorium; and
Be It Further Resolved:
That the Commissioner also be requested to comment on the feasibility and
cost of each of the concepts, and also identify which, if any, is the preferred
adaptive re-use for the Auditorium.
REFERRED TO THE COMMITTEE ON FINANCE,THE COMMISSIONER OF COMMUNITY DEVELOPMENT
AND THE BUFFALO ENTERPRISE DEVELOPMENT CORPORATION.
No. 236
By:Mr. Pitts
Indemnification of the Board of Education;
and Acceptance of Funds for the
Lighted Schoolhouse Programs.
Whereas: The Common Council approved a resolution,C.C.P. #138 September
20,1988, which authorized the Department of Human Resources, through the
Division For Youth and others to conduct Lighted Schoolhouse Programs: and
Whereas: The Division for Youth, now located in the Parks Department, will
continue to conduct the Lighted Schoolhouse Program in 1995-96; and
Whereas: Approval of each program must be authorized by the Common Council;
and
Whereas: The Lighted Schoolhouse Program continues to be of great benefit to
the citizens of the City of Buffalo enabling citizens to utilize city school
buildings in the evening hours during the summer, holidays, weekends and on
other occasion; and
Whereas: Lighted Schoolhouse Program will be conducted at the following
schools; #28, #91 (McKinley), #37, #97 (M.L.K.), #40, #44,#98
(B.U.I.L.D.),#54,56,81,' #99 (Traditional), #96 (Campus East), #95 (Humboldt
Y.M.C.A.), #38 #45, #94 (Waterfront), #77, #93 (Southside), #18, #11,
#59(Science Magnet), #200 (Bennett), #306 (Seneca), Clark Gym, F.L.A.R.E.,Old
First Ward, St. Peter & Paul Russian Orthodox Church and Ontario Street United
Methodist Church; and
Whereas: The Common Council must also accept,on behalf of the City, the
funds allocated by the Buffalo Urban Renewal Agency as follows: October
12,1995, Item 3N in the amount of $295,468 for programmatic cost for the
Lighted Schoolhouse Program; October 12,1995, Item 3M in the amount of
$66,799.33 for administrative costs.
That the Common Council authorizes the Department of Parks, the Division
of Youth, various community corporations, civic organizations, and other
persons, firm corporations, and agencies to conduct Lighted Schoolhouse
Program, provided that each program and its sponsor be first approved and
authorized by) this Common Council, that such authorization and approval to be
communicated to the Buffalo Board of Education; and
Be It Further Resolved:
That the City of Buffalo,NY hereby agrees to indemnify and hold harmless
the Board of Education of the City School District of the City of Buffalo, NY,
of and from any and all manner of action and actions, cause and causes.,
suits., debts, dues) sums of money, money, accounts reckoning, bonds, bills
specialist, covenants, contracts, variances, trespasses, damages, judgements,
extents, executions, claims and demands whatsoever in the law or in equity on
account of the conduct of such Lighted Schoolhouse Program undertaking, with
prior approval and authorization of the Common Council; and
Be It Further Resolved:
That the Common Council accepts funds allocated by the Buffalo Urban
Renewal Agency as follows:$295,468 for programmatic costs ; and $66,799.33 for
administrative costs.
PASSED.
AYES- 11 NOES-0
No. 237
By: Ms. Williams, Messrs. Collins and Helfer
Hang Banners on Geneva B. Scruggs Health Care Centers
Whereas: Geneva B. Scruggs Health Care Center Inc. has several
facilities throughout Buffalo; and
Whereas: As part of the Center's efforts to increase their visibility and
presence in our neighborhoods, the Center has requested permission to hang
banners on light posts; and
Whereas: 7 Kensington Avenue, 1001/1005 Jefferson Avenue and 608 William
Street; and
Now, Therefore, Be It Resolved That:
This Common Council grants permission to the Geneva B. Scruggs Health
Care Center to hang banners pursuant to the conditions set forth by the
Commissioner of Public Works and the Corporation Counsel.
PASSED.
AYES- 11 NOES- 0
No. 238
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 Ronald Peoples
By Councilmember Collins
Felicitation for Cecelia Henderson
By Councilmember Pitts
ADOPTED.
No. 239
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:
Marcia R. Wink
Richard J. Kazmierzak
John C. Chmura
Theresa J. Pawlas
ADOPTED.
No. 240
Recess
On a motion by Mr. Pitts, seconded by Mr. Bell, the Council recessed
at 4:30 p.m. for 30 minutes.
No. 241
On a motion by Mr. Pitts, seconded by Mr. Bell, the Council reconvened
at 4:55 P.M.
No. 242
Announcement Of Committee Meetings
The following meetings are scheduled. All meetings are held in
the Council Chambers, 13th floor, City Hall, Buffalo, New York, unless
otherwise noted.
Regular Committees
Civil Service Tuesday, October 24, 1995 9:30 A.M.
Finance Tuesday, October 24, 1995 - following Civil Service
Legislation Tuesday, October 24, 1995, 2:00 PM
Eco. Dev. Wednesday, October 25, 1995, 10:00 AM
UR Agency Wednesday, October 25, 1995 following Ec. Dev.
No. 243
Adjournment
On a motion by Mr. Bell, seconded by Mrs. Lockwood, the Council
adjourned at 5:00 P.M.
Charles L. Michaux, III
City Clerk
COMMON COUNCIL
CITY HALL
BUFFALO, NEW YORK
SPECIAL SESSION
OCTOBER 10, 1995 AT 1:00 PM
PRESENT- George K. Arthur President of the Common Council, and
Councilmembers: Bell, Collins, Coppola, Czajka, Franczyk, Helfer, Lockwood,
LoTempio, Perla, Pitts, Williams, Zuchlewski- 13.
Absent- 0.
No. 1
Call. For Special Session
Mr. Charles L. Michaux, III
City Clerk
1308 City Hall
Buffalo, New York
Dear Mr. Michaux:
Pursuant to Section 30 of the Charter of the City of Buffalo, upon the
request of the President of the Common Council George K. Arthur of the City of
Buffalo, dated October 5, 1995, presented to you herewith, I hereby call a
Special Meeting of the Common Council,this meeting is to be held in the Council
Chambers, City Hall, Buffalo, New York, on October 10, 1995 at 1:00 p.m. for
the following purpose:
To receive and resolve items relating to the Buffalo Philharmonic
Orchestra's restructuring initiative and financing
Yours very truly,
GEORGE K. ARTHUR
President of the Common Council
George K. Arthur
President of the Common Council
1315 City Hall
Buffalo, New York
Dear Sir:
We, the undersigned, members of the Common Council, hereby request that
you call a Special Meeting of the Common Council, pursuant to Section 30 of the
Charter of the City of Buffalo, for the following purpose:
To receive and resolve items relating to the Buffalo Philharmonic
Orchestra's restructuring initiative and financing.
We request that this Special Meeting be held on October 10, 1995, at 1:00 P.M.
David Czajka
Bonnie Kane Lockwood
Clifford Bell
James Pitts
Alfred T. Coppola
TO EACH MEMBER OF THE COMMON COUNCIL:
YOU ARE HEREBY NOTIFIED that, pursuant to Section 30 of the Charter of
the City of Buffalo, upon the written request of five Council Members, dated
October 5, 1995 President of the Common Council George K. Arthur, has called a
Special Meeting of the Common Council, to be held in the Council Chambers, City
Hall, Buffalo, New York, on October 10, 1995 at 1:00 p.m. for the following
purpose:
To receive and resolve items relating to the Buffalo Philharmonic
Orchestra's restructuring initiative and financing
CHARLES L. MICHAUX, III
City Clerk
Pursuant to Rule 2 of the Rules of Order of the Common Council of the
City of Buffalo, each of the following named members of the Common Council, to
wit:
KEVIN HELFER DAVID A. FRANCZYK
DAVID CZAJKA CARL A. PERLA, JR.
CLIFFORD BELL BONNIE KANE LOCKWOOD
ALFRED T. COPPOLA JAMES W. PITTS
DALE ZUCHLEWSKI BARBARA A. MILLER-WILLIAMS
DAVID COLLINS ROSE MARIE LOTEMPIO
hereby states that he/she received notice of the time and purpose of the
Special Meeting of the Common Council duly called to be held on October 10,
1995 at 1:00 p.m. and hereby waives 24 hours'
STATE OF NEW YORK
COUNTY OF ERIE SS:
CITY OF BUFFALO
On this 5th day of October 1995, before me, the subscribers, personally
appeared David Czajka, Carl Perla, Bonnie Kane Lockwood, Alfred Coppola,
Clifford Bell, Dale Zuchlewski, James Pitts, David Franczyk, Barbara Miller
Williams, Kevin Helfer, to me known to be the same persons described in and who
executed the foregoing instrument, and they duly and severally acknowledged to
me that they executed the same.
Gerald Chwalinski, Commissioner of Deeds
Commission expires 12/31/96
No. 2
By: Mr. Pitts
Buffalo Philharmonic Orchestra-
Retain Ticket Surcharge Proceeds
Whereas: The Buffalo Philharmonic Orchestra ("BPO") has approached
the City of Buffalo to retain proceeds from fiscal years 1993-94 and 1994-95 of
approximately $122,000 generated from collection of the ticket surcharge from
patrons of the orchestra; and
Whereas: The BPO made the request for retention of these funds as part of
its restructuring initiative designed to strengthen the fiscal stability of the
BPO; and
Whereas: At a special Finance Committee meeting on Thursday, October 5,
1995, Councilmembers were reluctant to entertain this request without various
questions being answered and several conditions met: and
Whereas: Responding to the concerns of the Common Council, the BPO is
willing to comply with requirements and conditions set forth by the Common
Council;
Now, Therefore, Be It Resolved:
That the Common Council of the City of Buffalo authorizes the Buffalo
Philharmonic Orchestra to retain proceeds from fiscal years 1993-94 and 1994-95
of approximately $122,000 generated from collection of the ticket surcharge
provided it meets the following conditions, and is filed with the Common
Council by its October 17, 1995 meeting:
1 That the BPO includes at least two (2) Common Council representatives on
its Board of Directors as Ex-Officio Members immediately;
2. That the BPO and the City negotiate public benefit activities as outlined
in the attached October 10, 1995 communication;
3 That the BPO enters into a long term lease of no less than ten (10) years
with Kleinhans Music Management, Inc. and the City of Buffalo for the use of
Kleinhans Music Hall;
4. That said lease contains a non-relocation clause ensuring that Kleinhan's
Music Hall will be the principal home of the BPO;
5. That the BPO will submit to an audit of all of its records by the
Comptroller of the City of Buffalo at any time;
6. That the BPO enters into an agreement with the City of Buffalo and
Kleinhan's Music Management, Inc. for the retention of the ticket surcharge
proceeds from fiscal years 1993-94 and 1994-95, will remit 1995-96 ticket
surcharge proceeds to Kleinhans Music Management, Inc. in lieu of rent, and
will collect and remit the five -percent (5%) ticket surcharge proceeds from
1996-97 and subsequent years to the City of Buffalo.
7. That the Kleinhan's Music Management, BPO, and the Commissioner of
Administration and Finance, the Comptroller, the Corporation Counsel, and the
President of the Council, develop a new agreement to utilize surcharge
proceeds, subject to approval by the Common Council and the City of Buffalo.
Mr. Pitts moved to amend as read.
Seconded by Mrs. LoTempio.
ADOPTED.
Mr. Pitts moved to Adopt. Seconded by Mr. Perla.
ADOPTED.
AYES- BELL, COLLINS, COPPOLA, CZAJKA, FRANCZYK, HELFER, LOCKWOOD, LOTEMPIO,
PERLA, PITTS, WILLIAMS, ZUCHLEWSKI- 12
NOES- ARTHUR-1
No. 3
Adjournment
On a motion by Mr. Pitts, seconded by Mr. Perla, the Council adjourned
at 2:59 p.m.
Charles L. Michaux III
City Clerk