HomeMy WebLinkAbout95-1031
1No. 20
Common Council
Proceedings
of the
City of Buffalo
Regular Meeting, October 31, 1995
Pension Board Meeting, September 26, 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 PROCEEDINGS
COMMON COUNCIL
CITY HALL- BUFFALO
Tuesday, October 31, 1995
at 2:00 P.M.
PRESENT- George K. Arthur, President of the Council, and Council
Members Bell, Collins, Coppola, Cossack, Franczyk, Heifer, Logwood, LoTempio,
Perla, Pitts, Williams and Zuchlewski- 13.
ABSENT- None.
On a motion by Mr. Pitts, seconded by Mr. , the minutes of the stated meeting
held on October 17, 1995 were approved.
FROM THE CITY PLANNING BOARD
No. 1
Camellia General Provisions CO
Request to rezone 1321-1341 Genesee and 60-68 Ritzier St. from acct. and RI to
MA
Item # 95, C.C.P., 9/19/95
The City Planning Board at its regular meeting held Tuesday, October
10, 1995, considered the matter captioned above pursuant to section 511-126 of
the Buffalo Code.
The petitioner seeks to rezone 1321-1341 Genesee St. from "C2" to "M2"
and 60-68 Roetzer St. from "R2" to "M2" for the expansion of their meat
production facility. Under S.E.Q.R. the proposed rezoning may be considered an
unlisted action which may be studied through uncoordinated review.
The Planning Board voted to approve the proposed rezoning.
RECEIVED AND FILED.
No. 2
F. Gallo, Request To Add a Sit In Restaurant
at 1264 Hertel
Item # 98, C.C.P., 10/3/95
The City Planning Board at its regular meeting held Tuesday, October
10, 1995, considered the matter captioned above pursuant to section 511-59 of
the Buffalo Code.
The applicant seeks to expand an existing takeout deli to include a 400
s.f., 30 seat,sit-in restaurant. Under S.E.Q.R. the proposed expansion may be
considered an unlisted action which may be studied through uncoordinated
review.
The Planning Board voted to approve the proposed sit-in Restaurant.
RECEIVED AND FILED.
No. 3
P. O'Brien, Request to Use 2119 Seneca
Street for a Take-Out Restaurant
Item No. 81, C.C.P., 10/17/95
The City Planning Board at its regular meeting held Tuesday, October
24, 1995, considered the matter captioned above pursuant to Sections 511-64 and
128 of the Buffalo Code, Seneca Street Special Zoning District and Urban
Renewal Area.
The applicant seeks to convert an existing store into a take-out
restaurant. The gross floor area of the proposed restaurant will be
approximately 840 square feet.
The site is located in the Seneca Street Special Zoning District and
Urban Renewal area which considers eating and drinking places to be restricted
uses which require the approval of your Honorable Body. Under the Buffalo
Code, six off-street parking places would be suggested. Lastly, under SEQR the
proposed restaurant is considered an unlisted action which may be studied via
uncoordinated review.
The Planning Board voted to approve the use of the site for the proposed
restaurant.
RECEIVED AND FILED.
No. 4
Cramer and Skerritt Request to Use 185 Allen
Street for a Sit-In Restaurant with an Outdoor Cafe
Item No. 82, C.C.P., 10/17/95
The City Planning Board at its regular meeting held Tuesday, October
24, 1995. considered the matter captioned above pursuant to Sections 511-57 of
the Buffalo Code, Allen Street Special Zoning District.
The applicant seeks to convert an existing take-out restaurant into a
sit-in restaurant with an outdoor patio. The conversion will be facilitated by
expansion to an adjacent store in the same building. The gross floor area of
the proposed restaurant expansion will be approximately 900 square feet; when
added to the present restaurant the total gross floor area will be
approximately 1800 square feet.
The site is located in the Allen Street Special Zoning District which
considers the expansion of eating and drinking places to be restricted uses
which require the approval of your Honorable Body. Under the Buffalo Code. 12
off-street parking places would be suggested. Lastly, under SEQR the proposed
restaurant is considered an unlisted action which may be studied via
uncoordinated review. This, notwithstanding, since the site is also located in
the Allentown Preservation District, any exterior work to the structure must be
reviewed by the Buffalo Preservation Board.
The Planning Board voted to approve the use of the site for the proposed
restaurant expansion.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 5
Benderson Development, Request to Erect Two
Pole Signs at 2626 Delaware Avenue
Item No. 80, C.C.P., 10/17/95
The City Planning Board at its regular meeting held Tuesday, October
24. 1995 considered the matter captioned above pursuant to Section 387-19 of
the Buffalo Code, Review of Pole Signs.
The applicant seeks to erect two illuminated pole signs. One sign will
measure 23 feet by 12 feet and will be located at the Delaware Avenue entrance
of the new Delaware Consumer Square. The other sign will measure 20 feet by 12
feet and will be located at the Elmwood Avenue entrance. Both signs will
measure 36 feet in overall height.
The signs are located in MI and CM zones which permit such signage.
Under SEQR the proposed signs are considered Type II actions which do not
require further environmental review.
The Planning Board voted to approve the proposed signs on the condition
that their bases be suitably landscaped.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 6
Department of Public Works, News Stand
Encroachment, Corner Delaware and Hertel
Item No. 24, C.C.P., 10/17/95
The City Planning Board at its regular meeting held Tuesday, October
24, 1995 considered the matter captioned above pursuant to Section 317.1 of the
City Charter.
The applicant seeks to continue to use the right-of-way of Hertel Avenue
(corner Delaware Avenue) for a news stand.
The Planning Board voted to approve the use of the right-of-way for the
news stand.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 7
Department of Public Works, Sign within
Right-of-Way of 112 W. Chippewa Street
Item No. 25, C.C.P., 10/17/95
The City Planning Board at its regular meeting held Tuesday, October
24, 1995 considered the matter captioned above pursuant to Section 317.1 of the
Buffalo Charter.
The Planning Board voted to approve the encroaching sign.
REFERRED TO THE COMMITTEE ON LEGISLATION.
FROM THE COMPTROLLER
No. 8
Certificate of Necessity
Transfer of Funds
Reserve for Capital Improvements
Department of Public Works
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 $6,420 be transferred and reappropriated from the Reserve for
Capital Improvements in Appropriation Allotments - Exempt Items as set forth
below:
The amounts to be transferred are unexpended balances of items contained in the
budget for the current fiscal year and will not be needed at this time for the
purpose for which they were appropriated.
Dated: Buffalo, NY, October 20, 1995
RECEIVED AND FILED.
No. 9
Certificate of Necessity
Capital Budget Amendment
Authorization for Additional Capital Indebtedness
We, Anthony M. Masiello, Mayor and Joel A. Giambra, Comptroller,
do hereby certify, pursuant to Section 359 of the Charter, that it is necessary
to authorize an increase in indebtedness for Capital Projects Program, provided
by the Common Council prior to July 1, 1995 for the ensuing fiscal year, by
adding the following item:
Dated: Buffalo, NY, October 26, 1995
RECEIVED AND FILED.
No. 10
Interfund Loan
Certain federal and state added programs require a cash advance
until the program is operating and reimbursement is received.
I have reviewed the program listed below and determined the cash needs to
be warranted. I have approved an interfund cash loan to be made in the maximum
amount listed below as needed, subject to your approval. Loan is payable at
date of reimbursement.
From To Grant Repayment Date Total
100 General 620-200-303-00-000 June 1996 $29,000.00
Title: Police Department Hoovercraft Grant
Mr. Pitts moved:
That the communication from the Comptroller, dated October 23, 1995 be,
received and filed; and
That the Comptroller be, and he hereby is, authorized to make an
interfund cash loan from the City General Fund to Police Department Hovercraft
in the amount of $29,000.00. The loan is payable at date of reimbursement.
PASSED.
AYES- 13 NOES-0
No. 11
Police Prisoner Property Audit
The Division of Audit, at the Police Department's request, examined
the Departmental controls that safeguard the personal property of persons held
in custody from an arrest.
We found the controls to be somewhat adequate under the circumstances
except for money. Manila folders were used to house the currency along with
the other arrestee's personal effects.
We counted a total of $722,688.51 in the 2,237 folders examined, which
date back as far as 1988. This money has since been deposited into a Trust and
Agency account. The Law Department is researching the period of time the City
must retain the funds and personal property before they can be deemed
unclaimed.
We have improved the cash controls by establishing a computerized data
base and Trust and Agency account. The data base consists of property numbers,
U.S. dollar amounts, and amounts recorded in log books (if different from
actual count). We have set up a system to refund the arrestee's funds upon
release. The Police Department is also making monthly deposits of funds not
claimed promptly. Since many arrestees are released and pick up their funds
promptly, we see no reason to deposit the funds daily.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 12
Newsstand-Delaware & Hertel Avenue
Item #24, C.C.P. 10/17/95
Pursuant to Common Council's request for a response on this item,
my staff began researching the past history of this newsstand located at
Delaware and Hertel Ave. This exercise included speaking with staff in the
Engineering Division, Real Estate, as well as the proposed lessee. It appears
that in 1979 this structure was erected at its present location with little or
no official sanction with the possible exception of a permit/license that is
purported to have been obtained from the license division, or whatever it was
called back in those days. This has not been confirmed. What is clear,
however, is that the City has received no additional compensation from past
operators in the form of rent and/or lease payments. This amounts to a classic,
and expensive, example of what can go awry when Real Property transactions are
not monitored by the Real Estate Division as required by City charter.
Additionally, the Charter would appear to require competitive bids as stated in
Section 133-12 and it is not reasonable to expect that the Commissioner of
Public Works, or for that matter, any other department head other than those
directly involved in real property , be aware of such requirements. I am
compelled to reiterate my concerns that no negotiations of any kind concerning
real estate transactions be undertaken without the involvement of my office.
Then, and only then, can your honorable body be assured that snafu's such as
this will not reoccur.
REFERRED TO THE COMMITTEE ON LEGISLATION.
FROM THE COMMISSIONER OF ASSESSMENT
No. 13
Liquor License Requests
Item #79, C.C.P. 10/3/95
Tax files were reviewed to determine if the individuals and/or
corporations applying for a liquor license owe real property tax, sewer rent,
local assessment and/or occupancy tax. Please be advised of the following:
1. 1341 Kensington, is assessed to Carl Beszczynaki, c/o Stop Inn,
1341 Kensington, Buffalo NY. Tax records show the following city tax and sewer
rent unpaid as of 10/12/95:
1995-96 First Installment City Tax $ 659.33
1995-96 Sewer Rent 53.20
Interest is computed to October 31, 1995.
Assessment records show property assessed as 68 Deerfield assessed to the
applicant, Deborah H. Wiggins, 31 Hunting Road, Cheektowaga, NY. The first
installment city tax and sewer rent for 1995-96 is paid.
On the above parcels, the occupancy tax is paid and there is no local
assessment.
Assessment records show no other ownership in the City of Buffalo under
the business name of The Stop Inn.
2. 320 Pearl, assessed as 318 Pearl St and assessed to 318 Pearl St.
Buffalo Inc. 318 Pearl St., Buffalo NY.
Tax records show the first installment city tax and sewer rent for
1995-96 is paid. There is no local assessment and the occupancy tax is paid.
Assessment records show no other ownership in the City of Buffalo under
318 Pearl St. Buffalo Inc., the corporation's name of Cell Block, Inc. or the
Macaroni Company Grille, Inc. which is presently licensed on the same premises.
3. 718 Elmwood, assessed to Karen Beck, c/o 718 Elmwood Associate, 718
Elmwood, Buffalo NY. Tax records show the following city tax and sewer rent
unpaid as of 10/12/95:
1995-96 First Installment City Tax $2,237.54
1995-96 Sewer Rent
180.52
Assessment records also show the following parcels assessed to Karen L.
Beck, 273 Crescent Ave., Buffalo, NY:
835 Richmond 39 Willowlawn
Tax records show the 1995-96 first installment city tax and sewer rent is
paid for 835 Richmond.
39 Willowlawn, which is co-owned by Lynette C. Meyer, shows the following
city taxes and sewer rent unpaid as of 10/12/95:
1994-95 City Tax $1,473.45
1995-96 First Installment City Tax $1,314.40
1995-96 Sewer Rent 213.99
Assessment records show no ownership in the City of Buffalo under the
business name of Too Taste, LLC or the applicant's name of Lawrence J.
Fineberg.
Our records show part ownership for Roger P. Cominsky, Esq. (listed an
CC: in application) at a property in the City of Buffalo assessed as 253 La
Salle, assessed to Katz, J H & S B; Cominsky, R F and others, 35 Lancelot
Court, Getzville, NY.
Tax records show the following city tax and sewer rent unpaid as of
10/12/95:
1995-96 First Installment City Tax 816.81
1995-96 Sewer Rent 132.99
Interest on all the above listed parcels is computed to 10/31/95. A
Collection Division fee of $10.00 has been added where applicable. The
occupancy taxes are paid and there are no local assessments.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 14
Liquor License Requests
Item #67, C.C.P. 10/17/95
Tax files were reviewed to determine if the individuals and/or
corporations applying for a liquor license owe real property tax, newer rent,
local assessments and/or occupancy tax. Please be advised of the following:
The request to report the status of 1180 Hertel was also included in
Common Council Proceeding 9/19/95, Item #78.
1180 Hertel is assessed to Elizabeth Brinkworth, 528 Elmwood Avenue,
Buffalo, NY.
Assessment records also show the following parcels assessed to Elizabeth
or Betty Brinkworth:
1487 Hertel 727 Elmwood
Tax records show the following city tax and sewer rent unpaid an of
10/23/95:
1180 Hertel 487Hertel 727Elmwood
1993-94 City tax & Sewer $14,135.86 $27,979.26 $11,367.19
1994-95 City tax & Sewer $11,909.97 $23,571.97 $ 9,577.56
1995-96 First Installment $ 3,978.69 $ 8,052.10 $ 3,410.31
1995-96 Sewer Rent $ 320.99 $ 649.63 $
275.14
Interest on the above parcels computed to 10/31/95. A Collection
Division Fee of $10.00 has been added where applicable.
On properties listed there is no local assessment and the occupancy tax
is paid.
Assessment records show the residence of Elizabeth Brinkworth, 528
Elmwood, assessed to John & Sam Gikas, 522 Elmwood, Buffalo NY.
The 1995-96 first installment city tax is paid. The occupancy tax in
paid and there is no local assessment.
Assessment records show numerous listings under the name Brinkworth;
there is no way to determine if there is any connection to Elizabeth
Brinkworth.
Assessment records do not show ownership in the City of Buffalo under the
applicants name of John Bona III or the Corporation name of JB3, Inc.
REFERRED TO THE COMMITTEE ON FINANCE.
FROM THE COMMISSIONER OF PUBLIC WORKS
No. 15
Notification Serial #8548
Install Stop Signs (All-Way) in
Coolidge Road at Hancock Avenue
In conformity with Section 49 of Chapter 479 of the Ordinances
of the City of Buffalo, the City Engineer hereby notifies Your Honorable Body
of this action supplementing, amending, or repealing existing provisions of
Chapter 479 of the Ordinances, as stated below, to be effective forty five days
after the first Council meeting at which they appear on the agenda as an item
business.
That that part of Subdivision 9 Section 11 of Chapter 479 of Ordinances
of the City of Buffalo be supplemented by adding thereto the following: STOP
SIGNS
VEHICLES ON SHALL STOP BEFORE ENTERING
Coolidge Road Hancock Avenue
Notification Serial #8549
Install Stop Signs (All-Way) in
Englewood Avenue at Bruce Street/Eley Place
STOP SIGNS (ALL WAY) - INSTALL
In conformity with Section 49 of Chapter 479 of the Ordinances of the
City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this
action supplementing, amending, or repealing existing provisions of Chapter 479
of the Ordinances, as stated below, to be effective forty five days after the
first Council meeting at which they appear on the agenda as an item business.
That that part of Subdivision 9 Section 11 of Chapter 479 of Ordinances
of the City of Buffalo be supplemented by adding thereto the following: STOP
SIGNS
VEHICLES ON SHALL STOP BEFORE ENTERING
Englewood Avenue Bruce Street/Eley Place
RECEIVED AND FILED.
No. 16
Extension of Contract
City Contract No. 91810000
Col. Ward Pumping Station Indoor Air Quality Upgrades
In accordance with the terms of the contract between the City
of Buffalo and BH Refrigeration, Inc., City Contract No. 91810000, Col. Ward
Pumping Station Indoor Air Quality Upgrades, the work called for in this
contract was scheduled to be completed by August 28, 1995.
The contractor has requested an extension of time in this contract to
complete additional work incorporated in Change No. 1.
Accordingly, I have granted an extension of time in the contract with BH
Refrigeration, Inc. The new completion date for this contract is November 1,
1995.
RECEIVED AND FILED.
No. 17
Use of CHIPS Money
I hereby request your Honorable Body's permission to use approximately
$50,000 of CHIPS money allocated to the Division of Engineering for painting of
street light standards in 1996. Painting of light standards in the City
prevents costly replacement of light standards that have to be removed because
they have rusted and become dangerous.
I also request that $40,000 of the CHIPS money be allocated for the
refurbishment of the historical park-type light standards. These standards
will be used in Delaware Park and Cazenovia Park.
These funds are part of the New York State Consolidated Highway
Improvement Program, Account #200-401-507.
Mr. Pitts moved:
That the communication from the Department of Public Works, dated October
20, 1995, be received and filed; and
That the Commissioner of Public Works be, and he hereby is authorized to
use approximately $50,000 of CHIPS money allocated to the Division of
Engineering for painting of street light standards in 1996; and that $40,000 of
the CHIPS money be allocated for the refurbishment of the historical park-type
light standard in Delaware and Cazenovia Parks'.
PASSED.
AYES- 13 NOES-0
No. 18
Hollywood Section Block Club
Requesting Sidewalks on Exchange Street and Selkirk Street
Item #145, C.C.P. 09/05/95
Residents on Exchange Street between Smith Street to Selkirk Street
and Selkirk Street between Exchange Street to South of Clifford Street
(playground), have requested sidewalk replacement.
An on-site inspection revealed the following quantities:
1. Exchange Street - Smith to Selkirk 3000 sf Assessment
Estimated Cost $7,400
2. Selkirk St. Exchange to S of Clifford St. 7000 sf Assessment
Estimated Cost $17,900
Article VII, Chapter 413-44 of the City Ordinances provides that the only
type of concrete damage the City is required to finance is that which has been
damaged by trees or their roots. Any other type of damage must be replaced at
the expense of the abutting property owners. Please be advised that the above
estimate has no tree root damage sidewalk and therefore is the responsibility
of the abutting property owners.
Our options respective to replacement are as such:
1. Replace defective sidewalk at owner's expense.
2. Replace defective sidewalk as soon as block grant
funding is made available.
The alternative to this format, however, is a sidewalk replacement
contract that is funded through block-grant monies made available to all the
Councilmembers for work within each of their council districts. In this way
all damaged concrete is replaced irrespective of the sources and at no cost to
the property owners which is a very popular program. Unfortunately, there is
no block grant funding allocated for sidewalk replacement from Community
Development for the 1995-96 budget,
In the meantime, our Sidewalk Section will provide temporary repairs to
maintain the above sidewalk locations in a safe condition.
If you have any questions regarding the above, please contact our
Sidewalk Section at 851-5864.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 19
Report of Bids
Waterline Improvements for Fargo Avenue,
Maryland Street and Jersey Street
As authorized by your Honorable Body in CCP No. 142 of March 7,
1995, plans and specifications were prepared and sealed proposals accepted for
Waterline Improvements for Fargo Avenue, Maryland Street and Jersey Street.
I submit the following report of all bids received which were opened in
my office at 11:00 a.m. on September 22, 1995:
Visone Construction, Inc.
79 Sheldon Avenue
Depew, New York 14043 $408,634.60
E & R General Construction
38 St. David's Drive
West Seneca, New York 14224 $67,305.00
Kandey Company, Inc.
19 Ransier Drive
West Seneca, New York 14224 $473,374.00
Nichter Construction Company, Inc.
344 Vulcan Street
Buffalo, New York 14207$ 521,045.00
Dorsch Construction Company, Inc.
13268 Dorsch Road
Akron, New York 14001 $524,550.00
I hereby certify that the foregoing is a true and correct statement of
all bids received and that Visone Construction, Inc., 79 Sheldon Avenue, Depew,
New York is the lowest responsible bidder complying with the specifications for
Waterline Improvements on Fargo Avenue, Maryland Street and Jersey Street with
their bid of $ 408,634.60.
I respectfully request that your Honorable Body authorize the
Commissioner of Public Works to enter into a contract with Visone Construction,
Inc. for Waterline Improvements on Fargo Avenue, Maryland Street and Jersey
Street, the cost thereof to be charged to the Division of Water's Capital
Project Account 416-983-005-00-000 in the amount of $408,634.60 plus $40,863.46
for approved unit prices for a total encumbrance of $449,498.06.
The engineer's estimate for this work was $300,000.00.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 20
Report of Bids
Symphony Circle Restoration
Phase II - New Sidewalks
I advertised for on October 6, 1995 and received the following
sealed proposals which were publicly opened and read on October 23, 1995.
Nichter Construction $14,444.00
Claude Mayo Construction $18,454.00
BRD No Bid
Wilsandra Construction No Bid
I hereby certify that the foregoing is a true and correct statement of
all bids received and that Nichter Construction, in the amount of $14,444.00,
is the lowest responsible bidder in accordance with the plans and
specifications.
I recommend that Your Honorable Body authorize the Commissioner of Public
Works to order the work on the basis of the low bid. Funds for this work are in
B/F 200-402-074 - Division of Buildings.
Estimate for this work was $15,000.00.
Mr. Pitts moved:
That the communication from the Department of Public Works, dated October
24, 1995, be received and filed; and
That the Commissioner of Public Works be, and he hereby is, authorized to
award a contract for Symphony Circle Restoration Phase 11 - New Sidewalks to
Nichter Construction, the lowest responsible bidder in the amount of
$14,444.00; with said cost to be charged against B/F 200-402-074 Division of
Buildings.
PASSED.
AYES- 13 NOES-0
No. 21
Request Permission Receive Informal
Bids-Repair Various Bridges
Red Flagged by NYSDOT
The New York State Department of Transportation has issued the
following bridges in the City of Buffalo Red Structural Flags.
Seneca Street over the Buffalo River
South Ogden Street over the Buffalo River
Michigan Avenue over Exchange Street and Conrail
The New York State Department of Transportation allows us six (6) weeks
to make the repairs, therefore, due to the urgency of matter the Commissioner
of Public Works is requesting Your Honorable Body's permission to receive
informal bids and order work done.
Fund for this work are available in the Division of Engineering Bond Fund
200-401-023. The Department of Public Works will report the results of the
bids to the Council.
Mr. Pitts moved:
That the communication from the Department of Public Works, dated October
18, 1995, be received and filed; and
That the Commissioner of Public Works be, and he hereby is, authorized to
receive informal bids and order the work of Red Structural Flag Conditions on
City maintained bridges, as more fully described in the above communication,
and report the results of the bids to this Council. Funds are available in the
Division of Engineering Bond Fund 200-401-023.
PASSED.
AYES- 13 NOES-0
No. 22
Change Order No. 1
Col. Ward Pumping Station Indoor Air Quality Upgrades
Contract No. 91810000
I hereby submit to your Honorable Body the following Change Order
No. I with BH Refrigeration for work relating to Colonel Ward Pumping Station
Indoor Air Quality Upgrades, City Contract No. 9181 0000:
New Work Item No. 1
Replacement of two existing through wall air conditioning units located
in the Engineering Office, installing mechanical ventilation in the garage
break room due to poor indoor air quality and replacement of an existing
exhaust fan in the garage lavatory/shower room due to its' lack of capacity
Increase: $ 7,682.00
Costs have been reviewed by the Department of Public Works and have been
found to be fair and equitable.
SUMMARY:
Original Amount of Contract $ 84,870.00
Change Order No. 1- Increase- 7,682.00
CURRENT AMOUNT OF CONTRACT $ 92,552.00
Funds in the amount of $7,682.00 are available in the Division of
Water's 416982-019-00-000 Capital Project Fund.
I recommend the above change order and it is respectfully requested that
your Honorable Body authorize the Commissioner of Public Works to issue a
change order as set forth above.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 23
Change in Contract
Restoration and Rehabilitation
Phase III-A Kleinhans Music Hall
I hereby submit to Your Honorable Body the following change for
the Restoration and Rehabilitation, Phase III-A, Kleinhans Music Hall - General
Construction Work, Clarence Associates, C-91763400.
1. Construct new masonry wall at lounge level
Men's Toilet Room Add $ 2,908.00
The foregoing change results in a net increase in the contract of Two
Thousand Nine Hundred Eight and 00/100 Dollars ($2,908.00).
Summary: Original Amount of Contract $384,485.00
Amount of This Change (No. 1) 2,908.00
Revised Amount of Contract $387,393.00
This change could not be foreseen at the time contract was let. Costs
have been reviewed by the Department of Public Works and found to be fair and
equitable. Funds for this work are in B/F 200-402-030, Division of Buildings.
I recommend that Your Honorable Body authorize the Commissioner of Public
Works to issue a change order to the contractor as set forth above.
Mr. Pitts moved:
That the communication from the Department of Public Works, dated October
23, 1995. be received and filed: and
That the Commissioner of Public Works be, and he hereby is, authorized to
issue change order #1 to Clarence Associates, changes resulting in a net
increase in the amount of $2,908.00, as more fully described in the above
communication, for work relating to Restoration and Rehabilitation, Phase 111-A
Kleinhans Music Hall, C- 91763400. Funds to be charged to the B/F 200-402-030
Division of Buildings.
PASSED.
AYES- 13 NOES-0
No. 24
141 Bidwell Parkway
Awning Within Right-of-Way
Mr. Dave Cosentino, of Caffe, Aromal, located at 141 Bidwell Parkway,
has requested permission to install an awning which would encroach City
right-of-way at said address.
The proposed awning would measure seven feet (7') in length, three feet,
six inches (3' 6") in height, and project three feet, six inches (3' 6") from
the building face into City right-of-way.
The Department of Public Works has reviewed Mr. Cosentino's application
pursuant to Chapter 413-56 (awnings, canopies, and marquees) 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 awning be installed exactly as shown on plans submitted to and
approved by the Department of Public Works, Division of Buildings.
3. That the applicant supply the City of Buffalo with a five thousand dollar
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 out
of the construction, maintenance, use and removal of said awning
Mr. Pitts moved:
That the communication from the Department of Public Works, dated October
25, 1995, be received and filed; and
That the Commissioner of Public Works be and he hereby is, authorized to
issue a "mere license" to Mr. Dave Cosentino, of Caffe' Aroma', located at 141
Bidwell Parkway, to install an awning which would encroach city right-of-way at
said address, subject to the conditions as more fully described in the
above-mentioned item.
PASSED.
AYES- 13 NOES-0
No. 25
Certificate of Appointment
Appointment Effective October 26, 1995 in the Department of Public
Works, Division of Buildings Daniel D. Connors, 124 Coolidge Road, Buffalo
14220 to the Position of Electrical Engineer, Permanent, at the Intermediate
Starting Salary of $ 36,988.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
FROM THE COMMISSIONER OF POLICE
No. 26
Fully Executed COMBAT Grant
Program Renewal Contract
Item #167, C.C.P. 07/26/95
Please be advised that the COMBAT Grant Program Renewal Contract
between the City of Buffalo and the New York State Division of criminal Justice
Services for the period April 1, 1994 through March 31, 1995 has been fully
executed in the amount of $396,625.00.
A copy of this contract is on file in the Department of Administration
and Finance (Budget) , the Division of Audit and in the Division of
Administration and communications (Buffalo Police Department). We have also
notified the City's Grants Office for informational purposes only.
REFERRED TO THE COMMITTEE ON FINANCE.
FROM THE COMMISSIONER OF FIRE
No. 27
NYS Grants-Haz-Mat
Please accept the New York State grants in the amount of $100,000
and $50,000 that will be used to upgrade our Haz-Mat response vehicle.
The $100,000 will be deposited in a T&A account for Haz-Mat and the $50,000
that is expected shortly will also be deposited in this account.
Thank you.
Mr. Pitts moved:
That the communication from the Department of Fire, dated October 25,
1995, be received and filed; and
That the Common Council be, and hereby are authorized to accept the New
York State grants in the amount of $100,000 and $50,000 for upgrade of the Fire
Department's Haz-mat response vehicle. The $100,000 will be deposited in a T&A
account for Haz-mat and the $50,00 is expected shortly and will be deposited in
this account.
PASSED.
AYES- 13 NOES- 0
FROM THE CORPORATION COUNSEL
No. 28
Buffalo Philharmonic Orchestra
5% Ticket Surcharge
Item No. 159, C.C.P., 10/17/95
Opinion No. 95-57
You have requested an opinion from the Law Department in regards
to allowing the Buffalo Philharmonic Orchestra Society, Inc. ("BPO") to retain
the $122,000 in ticket surcharge proceeds for fiscal years 1993-94 and 1994-95
(the "Proceeds"). The City of Buffalo, upon reaching an agreement with the
BPO, has chosen to allow the BPO to retain the Proceeds in consideration of a
public benefits package which includes free community concerts by the Buffalo
Philharmonic Orchestra, educational programs and ensemble concerts by the
Buffalo Philharmonic Orchestra in Buffalo public schools, free tickets to
community based organization and increased ticket discounts to students and
senior citizens. A question has arisen regarding whether this agreement
constitutes a gift of public funds.
Article VIII Section 1 of the Constitution of the State of New York (the
"NYS Constitution") prohibits the use of public funds to solely benefit a
private corporation. The Ne York State Attorney General has concluded that a
municipality may direct funds to a non-profit corporation provided the
residents of the municipality benefit as a result of the use of the funds 1994
N. Y. Op. Atty. Gen. (Inf.) 1063. The residents of the City will benefit by
the use of these funds because the Proceeds will help promote the cultural
development of City residents.
The Court of Appeals of New York has found that "private cultural
entities benefit residents and visitors alike, and thus appropriations to them
are for a public purpose." Schulz State of New York, 610 N.Y.S. 2d 711, 716,
citing Hotel Dorset Company v. Trust for Culture Resources of City of New York,
413 N.Y.S. 2d 357. In a formal opinion deciding whether a State agency was in
violation of Article VHI, Section I of the NYS Constitution, the New York State
Attorney General stated "[in today's complex, interdependent society there are
many thin that can be more effectively accomplished through controlled
assistance to private groups than direct action by government." 1980 N. Y.S.
Op. Atty. Gen. 88. Formulating an agreement with non-profit corporation to
preserve a local cultural enterprise can be considered controlled assistance to
a private group. The cultural benefit created by the BPO in general, in
addition to the public benefits package negotiated with the City, is sufficient
consideration to the City to negate a charge of the agreement being a
gratuitous gift of public funds.
It is the opinion of the Law Department that the agreement to allow the
BPO to retain the ticket surcharge proceeds for the fiscal years 1993-94 and
1994-95 in consideration of a public benefits package does not constitute a
gift of public funds.
RECEIVE AND FILED.
No. 29
Crossroads Arena Project - Requisition No. 11
Attached is Requisition No. 11 relating to the Crossroads Arena
Project,
REFERRED TO THE AUDITORIUM AND STADIUM TASK FORCE.
No. 30
Arthur, et al., v. Nyquist, et al.
Decision and Order
Attached are copies of the two Decisions and Orders dated October
18, 1995, filed in the
United States District Court, Western District of New York regarding the
desegregation case.
REFERRED TO THE SPECIAL COMMITTEE ON EDUCATION.
No. 31
Procedures to Transfer Bennett Beach
Item No. 224, C.C.P., Oct. 3, 1995
A proposal has been made to transfer Bennett Beach to the County
of Erie for the continued operation of Bennett Beach as a public park. The
transfer would include a restrictive covenant requiring the continued use of
the land as a park. The proposed transfer would also provide for reversion to
the City if the County ceased to use the land as a park.
Your Honorable Body has requested the Law Department's advice regarding
procedures for the transfer of Bennett Beach from the City of Buffalo to Erie
County. General Municipal Law Section 72-h provides that "(notwithstanding any
provision if any general, special or local law of any charter,... the board of
estimate of a city, or if there be none the local legislative body of such city
... may sell, transfer or lease to or exchange with any municipal
corporation... either without consideration or for such consideration and upon
such terms and conditions as shall be approved by such officer or body, any
real property owned by such... city... " Since Erie County is a municipal
corporation, your Honorable Body may authorize the transfer or sale of Bennett
Beach to the County of Erie.
Alienation of City parkland usually requires an act of the State
Legislature. However, in the matter at hand, it appears that such an act may
not be necessary. Since Bennett Beach will remain under public ownership, and
since it will continue to be used as a public park and beach, the citizens of
Buffalo will not be losing recreational opportunities. This department
suggests that the transfer be made conditional upon the continued status of
Bennett Beach as a park and recreational area available to be used by the
people of Buffalo. A reversionary clause should be made as part of the deed.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 32
Info -Appointment Truck Driver
Item No. 3 9, C. C. P., 10/17/95
Opinion No. 95-56
You have requested an opinion from the Law Department as to whether
a person being hired from a Civil Service list must be the top person on the
list and whether the Common Council must approve the hiring of a person at
other than the minimum compensation for the position.
When making an appointment or promotion from an eligible list, Civil
Service Law 61 provides that the appointing authority is to select one of the
three persons certified by the Civil Service Commission as standing highest on
the eligible list. The law does not require that the top person be selected.
With regard to the individual's salary level, Section 35-4 B of the City
Code provides that a person shall be appointed at the minimum compensation
unless the Common Council specifically authorizes the higher amount upon the
written recommendation of the appointing power. In the case of a promotion,
however, the employee may be entitled to a higher than minimum salary based
upon his previous salary and provisions in the appropriate collective
bargaining agreement. For example, the collective bargaining agreement between
the City and Local 264 requires that the individual being promoted be appointed
at the lowest increment that represents at least a $250 increase over his or
her previous salary. Therefore, in this example, the Common Council would have
to authorize the appointment at the lowest increment that is at least $250
higher than the person's previous salary. However, the Common Council would
not be required to authorize a higher amount and could use its discretion in
deciding whether to approve any higher salary level.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
FROM THE COMMISSIONER OF COMMUNITY DEVELOPMENT
No. 33
Permission to Hire Architect/Engineer/Planner
Amtrak Passenger Rail Relocation Study
At the Common Council's July 11, 1995 meeting (Item No. 207).
your Honorable Body accepted a $50,000 grant from the New York State Department
of Transportation (NYSDOT) and authorized the City to enter into contract with
the NYSDOT to undertake an Amtrak Passenger Rail Station Relocation Study. We
now request permission from your Honorable Body to hire an
architectural/engineering/planning firm to study the feasibility of relocating
the existing Exchange Street Passenger Rail Station to Memorial Auditorium.
The consultant shall work in conjunction with the Department of Community
Development, Department of Public Works, Board of Stadium and Memorial
Auditorium, and the Development Downtown Inc. Waterfront Technical Advisory
Committee.
Mr. Pitts moved:
That the communication from the Department of Community Development,
dated October 25, 1995, be received and filed; and
That the Commissioner of Community Development be, and he hereby is,
authorized to engage the services of an architectural/engineering/planning firm
to study the feasibility of relocating the existing Exchange Street Passenger
Rail Station to Memorial Auditorium. A grant in the amount of $50,000 from the
New York State Department of Transportation has been approved to undertake this
project.
PASSED.
AYES- 13 NOES- 0
No. 34
Emergency Repairs to Fountain Plaza
Rotary Rink Service Building
I herewith submit to Your Honorable Body the following price quotation
for "Emergency Repairs" to the roof and bathroom ceilings at the Fountain Plaza
- Rotary Rink Service Building.
The roof system over the Rotary Rink Service Building bathrooms failed
due to differential settling of concrete roof planks which act as bottoms for
dirt filled planters. Leaks in the roof system have damaged the drywall
ceilings in the bathrooms which are unusable at this time. Repairs need to be
done as soon as possible to have the service building functional for the ice
skating season.
Prices were obtained and the low bidder was Frank L. Ciminelli
Construction Company, Inc., in the amount of $23,905. Funds for this work are
available in Capital Project Account #200-717-078.
I am requesting immediate passage of this item so that repairs to make
the service
Mr. Pitts moved:
That the communication from the Department of Community Development,
dated October 26, 1995, be received and filed; and
That the Commissioner of Community Development be, and he hereby is,
authorized to award a contract for Emergency Repairs to Fountain Plaza - Rotary
Rink Service Building to Frank L. Ciminelli Construction Company, Inc., the
lowest responsible bidder in the amount of $23,905; with said cost to be
charged against the Capital Project Account #200-717-078.
PASSED.
AYES- 13 NOES- 0
No. 35
Funding Transfer - Polk Building Renovations
2038-2050 Genesee Street
In regard to the subject project permission is being requested
from Your Honor Body for approval of a funding transfer in the form of CDBG
funds in an amount not to exceed $35,000.
This matter was approved by BURA, item 30 of 9/28/95. Account numbers
are as follows:
CDBG #93-03201 ($35,000) to CPA 200-717-033.
These funds will be utilized to fund additional construction costs
related to roof deck replacement, parking lot drainage, electric service
changes and other miscellaneous items which were unforeseen at the start of the
project.
Construction is presently 80% complete with final completion scheduled
for 12/9 with total renovation costs at $970,000+-.
Mr. Pitts moved:
That the communication from the Department of Community Development,
dated October 24, 1995, be received and filed; and
That the Common Council approve a fund transfer in an amount not to
exceed $35,000 from CDBG #93-03201 to CPA 200-717-033 for the Polk Building
Renovations, 2038-2050 Genesee Street.
PASSED.
AYES- 13 NOES- 0
No. 36
Change in Contract Plumbing Construction
N.I.C. Renovations 68-1170 Broadway
Contract #91799800, Numarco Inc.
I herewith submit to Your Honorable Body the following increase
in contract for additional plumbing construction related to renovations at the
future location of the Neighborhood Information Center (N.I.C.) 1168-1170
Broadway, Contract #91799800 with Numarco Inc.;
1.) Provide all labor, materials and equipment necessary to provide
new hot-cold water piping, waste pipe and vent risers from basement area to the
second and third floors.
Add $1,745.00
This work was deemed necessary to replace broken and deteriorated
galvanized supply lines with new 211 copper piping. Funds for this additional
work are available in Bond Fund #200-717-070.
A contract summary is as follows:
Original Contract Amount $15,500.00
Amount This Change #1 $ 1,745.00
Revised Contract Amount $17,245.00
I therefore request that Your Honorable Body authorize the Commissioner
of Community Development to issue a change order to Numarco Inc. as described
above.
Mr. Pitts moved:
That the communication from the Department of Community Development,
dated October 25, 1995, be received and filed; and
That the Commissioner of Community Development be, and he hereby is,
authorized to issue change order #1 to Numarco Inc., changes resulting in a net
increase in the amount of $1,745.00, as more fully described in the above
communication, for work relating to Plumbing Construction at the Neighborhood
Information Center, 1168-1170 Broadway, Contract #91799800. Funds to be
charged to the Bond Fund #200-717-070.
PASSED.
AYES- 13 NOES- 0
No. 37
Change in Contract, Plumbing Construction
Polk Building Renovations 2039-50 Genesee Street
Contract #91804000, Gareleck Plumbing
I herewith submit to Your Honorable Body the following increase
in contract for additional plumbing construction associated with renovations to
the former Polk Building at 2038-50 Genesee Street, Contract #91804000 with
Gareleck Plumbing;
1.) Provide all labor, materials and equipment necessary to cut
trench, excavate backfill and plug old water service at main in pavement area.
Add $2,855.00
2.) Install piping, insulation and exterior hose bib on east wall of
building at parking lot area.
Add $ 710.00
Total Add $3,560.00
These additional items are deemed necessary to comply with Water
Authority requirements and provide exterior water service for maintenance
operations. Funds for this work are available in C.P.A. 200-717-033.
I therefore recommend that Your Honorable Body authorize the Commissioner
of Community Development to issue an increase in contract to Gareleck Plumbing
as described above.
Mr. Pitts moved;
That the communication from the Department of Community Development,
dated October 25, 1995, be received and filed; and
That the Commissioner of Community Development be, and he hereby is,
authorized to issue change order to Gareleck Plumbing, changes resulting in a
net increase in the amount of $3,560.00, as more fully described in the above
communication, for work relating to plumbing construction at the former Polk
Building, 2038-50 Genesee Street, Contract #91804000. Funds to be charged to
the C.P.A. 200-717-033.
PASSED.
AYES- 13 NOES- 0
No. 38
Request Permission to Receive Brownfields Grant
The City has successfully competed for a $200,000 Federal Environmental
Protection Agency brownfields development grant. Brownfields, or used
industrial sites, represent both potential environmental concerns and
development opportunities. There are a great many brownfields sites in
Buffalo.
The Environmental Office requests the Common Council's permission for the
City to receive this funding. The project will operate over two years to build
a data base, involve the public, and develop both techniques and projects
supportive of appropriate development on brownfields sites in Buffalo.
Mr. Pitts moved:
That the communication from the Department of Community Development,
dated October 19, 1995, be received and filed; and
That the Common Council does hereby accept Federal Environmental
Protection Agency Brownfields development grant in the amount of $200,000.
PASSED.
AYES- 13 NOES- 0
FROM THE COMMISSIONER OF STREETS
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.
FROM THE COMMISSIONER OF NEIGHBORHOODS, HOUSING AND INSPECTION
No. 40
Monthly Report of Licenses Issued-September 1995
I am respectfully submitting the enclosed report of licenses issued
in the month of September by the Division of Housing & Inspections/Licenses.
RECEIVED AND FILED.
No. 41
Liquor Licenses: 153 Elmwood, 2022 Genesee St., 1255 Broadway, 414 Pearl St.,
1819 Genesee
Item No. 120, C.C.P. 9/5/95
With regard to the above subject properties please be advised
of the following information pertaining to Liquor Licenses:
153 Elmwood: This property was inspected on September 7,1995 and
approved use was established per card file and various permits. There are no
current open building permits. There are also no outstanding letters of
violation or court cases. Upon inspection property appears to be in
substantial compliance.
2022 Genesee: This is a duplicate inspection.. and was originally
inspected on August 23, 1995, at which time no action was taken. Upon
follow-up all previous information still applies. However, since no recent
maintenance inspection has been conducted by the District, Inspector Kostrzewa
has initiated a letter of violation for minor violations. (see attached) Note:
this has also been referred to District Inspector for follow-up.
1255 Broadway: Property was inspected on October 4, 1995. Legal use
was established per card file and various permits are held on file. There are
no current open building permits. Computer shows no record of current
outstanding letters of violation or, court action pending. Please note only an
exterior inspection was done. Inspector could not gain entry for interior
inspection. Several minor maintenance violations were cited. Copy of the
letter of violation is attached.
414 Pearl: Correct address is 416 Pearl St. Property was inspected on
October 4, 1995. Legal use established per card file and permit #B-3875 dated
November 14, 1995. There are no current open building permits at this time.
There is, one open letter of violation which involves a minor problem with
pointing and repair of masonry at exterior. There has been on going contact
with the owner regarding the correction of this maintenance violation and it
should be corrected by the next follow-up inspection. No current court action
pending. New Leasee/Tenant will be required to review all pertinent city
licenses. (i.e. arcade, music, etc.)
1815-1819 Genesee: The property was inspected on October 4, 1995 and
legal use was established as a store per card file and permit #56028 dated
9/29/71. There are no current open building permits at this time. There are
no outstanding letters of violation or court cases pending at this time.
Property appears to be in sub-compliance.
We trust this will satisfy your inquiry. If you have any questions
please feel tree to contact this department.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 42
Liquor License Applications
Item No. 79, C.C.P. 10/3/95
In regards to Item #79, C.C.P. 10/3/95 applications for Restaurant,
Music and Coin Controlled Amusement Devices were mailed to Deborah Wiggins dba
The Stop Inn, 1341 Kensington Avenue and Cell Block Inc. 320 Pearl Street.
Applications for Restaurant and Music have been received from Too Taste, LLC,
718 Elmwood Avenue.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 43
Report of Emergency Demolition Bid
for 60 and 62 Edna
Due to the very serious and hazardous condition of the fire-damaged
buildings located at the above-stated addresses, Fire Commissioner Cornelius J.
Keane requested that our department bid these properties for immediate
emergency demolition. Inspections were also conducted by this department and it
was determined that immediate action was necessary due to (1) the structural
condition of the building and/or (2) the resulting dangerous and hazardous
condition which exists at this location, i.e., in accordance with guidelines
outlined in Chapter 113 of the Ordinances of the City of Buffalo. Please be
advised, therefore, that offers to demolish were solicited on October 11, 1995
and that the contracts will be awarded to the lowest responsible bidder:
ADDRESS/OWNER CONTRACTOR/AMOUNT
60 Edna $4,500.00
A.B. Thompson Cedar Wrecking & Salvage
60 Edna
Buffalo, New York
62 Edna $7,500.00
Eldora Austin Cedar Wrecking and Salvage
62 Edna
Buffalo, New York Total Aggregate Bid $12,000.00
Please be further advised that the sewer and water services will be
terminated by the demolition contractor and this cost is included in the cost
of the project.
We, therefore! respectfully request that upon approval by your Honorable
Body the cost of the project be charged to the Special Assessment Fund
#500-000-002-00000, and that said cost shall be collected against the owner or
person in possession benefitted, under the provision of Chapter 113 of the
Ordinances.
Mr. Pitts moved:
That the communication from the Department of Neighborhoods, Housing and
Inspections, dated October 17, 1995, be received and filed; and
That the award by the Commissioner of Neighborhoods, Housing and
Inspections of emergency demolition contracts to Cedar Wrecking & Salvage at a
cost of $4,500.00, relating to 60 Edna, at a cost of $7,500.00, relating to 62
Edna, are hereby confirmed, ratified and approved, with said cost to be charged
against Special Assessment Fund #500-000-002-00000, and that said cost shall be
collected against the owner or person in possession of the premises and/or
shall be assessed against the property benefitted, in accordance with Chapter
113 of the Ordinances of the City of Buffalo.
PASSED.
AYES- 13 NOES- 0
No. 44
Report of Emergency Demolition Bid
for 434 Genesee Street
Due to the very serious and hazardous condition of the fire-damaged
building located at the above-stated address, Fire Commissioner Cornelius J.
Keane requested that our department bid this property for immediate emergency
demolition. Inspections were also conducted by this department and it was
determined that immediate action was necessary due to (1) the structural
condition of the building and/or (2) the resulting dangerous and hazardous
condition which exists at this location, i.e.., in accordance with guidelines
outlined in Chapter 113 of the Ordinances of the City of Buffalo. Please be
advised, therefore, that offers to demolish were solicited on September 30,
1995 and that the contract will be awarded to the lowest responsible bidder:
ADDRESS/OWNER CONTRACTOR/BID
434 Genesee Street Cedar Wrecking & Salvage
Michael Brennan $24,000.00
c/o Brennau Kieran
631 Washington Street
Wellesley, Mass.
Please be further advised that the sewer and water services will be
terminated by the demolition contractor and this cost is included in the cost
of the project.
We, therefore, respectfully request that upon approval by your Honorable
Body that the cost of the project be charged to the Special Assessment Fund
#500-000-002-00000, and that said cost shall be collected against the owner or
person in possession benefitted, under the provision of Chapter 113 of the
Ordinances.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 45
Report of Emergency Demolition Bid
for 249 Grape Street & Garage
Due to the very serious and hazardous condition of the fire-damaged
buildings located at the above-stated address, Fire Commissioner Cornelius J.
Keane requested that our department bid these properties for immediate
emergency demolition. Inspections were also conducted by this department and it
was determined that immediate action was necessary due to (1) the structural
condition of the buildings and/or (2) the resulting dangerous and hazardous
condition which exists at this location, i.e., in accordance with guidelines
outlined in Chapter 113 of the Ordinances of the City of Buffalo. Please be
advised, therefore, that offers to demolish were solicited on October 10, 1995
and that the contract will be awarded to the lowest responsible bidder:
ADDRESS/OWNER CONTRACTOR/BID
249 Grape Street & Garage J. Martin
Racille Ridgeway
29 Marshall $6,100.00
Buffalo, New York
Please be further advised that the sewer and water cutoff will be
performed by the demolition contractor and this cost is included in the cost of
the project.
We, therefore, respectfully request that upon approval by your Honorable
Body that the cost of the project be charged to the Special Assessment Fund
#500-000-002-00000, and that said cost shall be collected against the owner or
person in possession benefitted, under the provision of Chapter 113 of the
Ordinances.
Mr. Pitts moved:
That the communication from the Department of Neighborhoods, Housing and
Inspections, dated October 12, 1995, be received and filed; and
That the award by the Commissioner of Neighborhoods, Housing and
Inspections of an emergency demolition contract to J. Martin at a cost of
$6,100.00, relating to 249 Grape Street & Garage, is hereby confirmed, ratified
and approved, with said cost to be charged against Special Assessment Fund
#500-000-002-00000, and that said cost shall be collected against the owner or
person in possession of the premises and/or shall be assessed against the
property benefitted, in accordance with Chapter II 3 of the Ordinances of the
City of Buffalo.
PASSED.
AYES- 13 NOES- 0
No. 46
Report of Emergency Demolition BId For 29 Kail St.
Due to the very serious and hazardous condition of the fire-damaged
building located at the above-stated address, Fire Commissioner Cornelius J.
Keane requested that our department bid this property for immediate emergency
demolition. Inspections were also conducted by this department and it was
determined that immediate action was necessary due to (1) the structural
condition of the building and/or (2) the resulting dangerous and hazardous
condition which exists at this location, i.e., in accordance with guidelines
outlined in Chapter 113 of the Ordinances of the City of Buffalo. Please be
advised, therefore, that offers to demolish were solicited on October 8, 1995
and that the contract will be awarded to the lowest responsible bidder:
ADDRESS AND OWNER CONTRACTOR/ BID
29 Kail St. Lebis Enterprises
Donald Reuther $12,800.00
36 Howell St.
Buffalo, New York 14207
Please be further advised that the sewer and water services will be
terminated by the demolition contractor and this cost is included in the cost
of the project.
We, therefore, respectfully request that upon approval by your Honorable
Body that the cost of the project be charged to the Special Assessment Fund
#500-000-002-00000, and that said cost shall be collected against the owner or
person in possession benefitted, under the provision of Chapter 113 of the
Ordinances.
Mr. Pitts moved:
That the communication from the Department of Neighborhoods, Housing and
Inspections, dated October 17, 1995, be received and filed; and
That the award by the Commissioner of Neighborhoods, Housing and
Inspections of an emergency demolition contract to Lebis Enterprises at a cost
of $12,800.00, relating to 29 Kail Street, is hereby confirmed, ratified and
approved, with said cost to be charged against Special Assessment Fund
#500-000-002-00000, and that said cost shall be collected against the owner of
person in possession of the premises and/or shall be assessed against the
property benefitted, in accordance with Chapter 113 of the Ordinances of the
City of Buffalo.
PASSED.
AYES- 13 NOES-0
No. 47
Request to Rescind Common Council Approvals
CCP Item #73 dated 5/12/92
CCP Item #61 dated 2/16/93
CCP Item #68 dated 12/27/94
The demolition order for the property located at 872 Fillmore
Avenue has been canceled by our department. Therefore, we are requesting your
Honorable Body to rescind CCP Item #73 dated 5/12/92 stating Integrated Waste
Special Services in the amount of $7,188.00 charged to the Special Assessment
Fund #500-000-002-00000.
The demolition order for the property located at 626 West Utica Street
has been canceled by our department. Therefore, we are requesting your
Honorable Body to rescind CCP Item #61 dated 2/16/93 stating Mainline
Contracting in the amount of $6,400.00 charged to the Special Assessment Fund
9500-000-002-00000.
The demolition order for the property located at 526 Genesee Street has
been canceled by our department. Therefore, we are requesting your Honorable
Body to rescind CCP Item #68 dated 12/27/94 stating Young's Auto &
Housewrecking in the amount of $9,346.00 charged to the Special Assessment Fund
#509-000-002-00000.
Mr. Pitts moved:
That the communication from the Department of Neighborhoods, Housing and
Inspections, dated October 17, 1995, be received and filed; and
That the Commissioner of Neighborhoods, Housing and Inspections be, and
he hereby is authorized to rescind emergency demolition contracts stated in
Item No. 73, C.C.P., 5/12/92 to Integrated Waste Special Services in the amount
of $7,188.00 for 872 Fillmore Avenue, Item No. 61, C.C.P., 2/16/93 to Mainline
Contracting in the amount of $6,400.00 for 626 West Utica Street and Item No.
68, C.C.P., 12/27/94 to Young's Auto & Housewrecking in the amount of
$9,346.00; all demolitions were charged to the Special Assessment Fund
#500-000-002-00000.
PASSED.
AYES- 13 NOES-0
No. 48
Request to Rescind Common Council Approval
CCP Item #68 dated 12/27/94
The demolition bid offer of J. Martin in the amount of $6,995.00
as reported in CCP Item #68 dated 12/27/94 has been rejected by our department.
This cost had been charged to the Special Assessment Fund #500-000-002-00000.
We therefore are requesting your Honorable Body to rescind this approval.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 49
F.Fabozzi & O Complaints 300 Carolina Street
Item No. 101, C.C.P. 10/3/95
In response to the above stated Common Council communication I
would like to supply your Honorable Body with the following information. The
property known as 300 Carolina Street has been the subject of several
investigations by our department. As recently as August 16, 1995 this property
was the subject of a complaint in reference to trash located at this premises.
The owner has cooperated with the Inspector and has attempted to rectify the
situation. Currently we are attempting to have the owner complete the
transaction dealing with the expiration of his Certificate of Occupancy. A
re-inspection is scheduled for November 1, 1995. The allegations of noise and
prostitution taking place at this property are the responsibility of the
Department of Police. Please be advised that the Department of Neighborhoods,
Housing and Inspection will inspect for compliance to all applicable codes and
regulations. It is my sincere hope that this response satisfies your inquiry.
REFERRED TO THE COMMITTEE ON LEGISLATION
No. 50
Cynthia Mucciaccio Complaint - Parking on Spaulding Street
Item # 84, CCP 9/19/95
In response to Ms. Cynthia Mucciaccio's complaint regarding parking
on Spaulding Street, if there is a problem with the alternate arrangement
presently in use, individuals or block clubs must petition, in writing,
the Commissioner of Public Works (Joseph Giambra). Once the petition is
received, the Commissioner will assign this request to the Division of Traffic
Engineers, who will review the request and respond back to the Commissioner of
Public Works. The petitioner will be notified in writing by the Commissioner
of Public Works as to the result of the review and/or any changes to the
parking arrangement. In regard to the placement of driveways under the New
Construction Program, New York State Building Code does not determine where
driveways go. It is left to local ordinances. The only ordinances in the
charter are zoning ordinances, which refer to surface and not placement. The
contractor's architect lays out the house and driveway in the
plans for the construction of the house. These plans are reviewed by the Plan
Review office of the Department of Neighborhoods, Housing & Inspections.
ATTACHMENT: ZONING ORDINANCES
REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT.
FROM THE COMMISSIONER OF ADMINISTRATION AND FINANCE
No. 51
General Fund - City Gap Sheet
First Quarter 1995-96
Under this cover please find the City's General Fund Gap Sheet
for the First Quarter of Fiscal Year 1996.
The Gap Sheet projects a negative fund balance of $1.396 million for the
1995-96 fiscal year. It is important to note that this is a preliminary
estimate based upon limited information currently available to the budget
office. First quarter estimates rely almost exclusively on budget projections
except for a limited number of instances where sufficient information is
available to modify budget projections.
The gap results from a series of positive and negative expenditure and
revenue variances. Below is a summary of significant variances from the
1995-96 budget.
On the expenditure side, overtime spending is projecting $2.5 million
over budget. Most of this negative variance is accounted for by the Police and
Streets departments. However, it should be noted in fairness to the
departments that much of the shortfall is attributable to overly optimistic
budget projections and not to increased spending, relative to the 1994-95
fiscal year. Police overtime is currently projecting at $5.6 million, or $1.7
million over budget. Expenditures for police overtime totaled $5.5 million in
1994-95. A partial explanation for this negative variance is the delay in
appointing Report Technicians and civilian Dispatchers. It was initially hoped
that appointments to these positions could be accomplished close to the start
of the fiscal year. However, processing candidates proved problematic and
there has been a higher than normal turnover rate among appointees to these
positions. It is hoped that the combination of the new police class, scheduled
to graduate at the end of December, fewer retirements and additional Report
Technicians funded under the COPS More grant will positively impact this
overtime projection.
In Streets, overtime is currently projected to reach $1.3 million, or
$800,000 over budget. Expenditures for Streets' overtime totaled $1.4 million
in 1994-95. It was hoped that the inclusion of seasonal employees, a revamping
of deployment schemes and the addition of the heavy trash drop-off program
would have reduced overtime spending more than has been the case thus far.
Court time is another personnel expenditure that continues to prove
costly. Court time is currently projected to reach $2.23 million for the
1995-96 fiscal year, or $530,000 over budget. For comparison, court time
totaled $2.3 million in 199495.
Total 100 series accounts (Personal Services) are projecting $3.04
million over budget. Mitigating the negative impacts of these personnel
expenditures is a $2.3 million savings in fringe benefits. Most of this
savings results from reduced pension costs under the new rate recently
forwarded by the state. Medical insurance shows a small savings as well, while
disability compensation and Social Security costs show increases.
On the revenue side of the ledger, there is currently too little data to
permit modifications of budget estimates in most instances. Two areas where
budget projections have been changed significantly are Non Property Tax Items
and Other County Revenues. Other County Revenues has been increased $500,000 to
reflect the County's grant for the Convention Center. As you will recall, no
revenue estimate was included in the 1995-96 budget for Convention Center
operations since we had contemplated the transfer of the Convention Center to
the county. Unfortunately, final agreement on this proposal was not reached in
a timely manner necessitating an interim funding agreement between the city and
the county. The $500,000 increase in revenue reflects this interim financing
agreement.
On the down-side, the revenue estimate for Non Property Tax Items has
been decreased by $270,000 due to the poor performance of Class I Utility Tax
receipts during the first quarter. The negative trend in this account is
disturbing since we had hoped that the extremely hot summer would have produced
increased revenue from this source. We will continue to monitor its
performance closely and have suggested that the Comptroller consider auditing
this area.
The budget division hopes this document will help inform the Common
Council on the City's 1995-96 fiscal condition. I and my staff are happy to
meet with your honorable body to discuss this document in greater detail.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 52
Info. Appointment Crime Analyst (Max.)(Police)
Item No. 39 C.C.P. 10/03/95
At the request of Police Commissioner R. Gil Kerlikowske, I would
like to respond to the above.
The Personnel Requisition, submitted by the Police Department, describes
the job duties and recommended qualifications.
Using that document, the Civil Service Commission assigned the job the
current Civil Service title of Crime Analyst. Subsequently, the Division of
Labor Relations designated the title to the white-collar union, Local 650.
This contract, as in all collective bargaining agreements, requires that
job vacancies be posted, and awarded to the most senior applicant meeting the
minimum job qualifications.
Daniel Bohen is a Local 650 member, and his qualifications were verified
by Civil Service. As Mr. Bohen identified himself as a candidate, and because
he was the most senior bidder, he was awarded the position.
It is my hope that this information is helpful to the Honorable Buffalo
Common Council.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
No. 53
Certificate of Appointment
Appointment effective 10/16/95 in the Department of Administration
& Finance, Division of Labor Relations, Willie McLaughlin, 70 Phyllis Avenue,
Buffalo, NY 14215, to the Position of Typist, Permanent, at the intermediate
startling salary of $20,764.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
FROM THE COMMISSIONER OF HUMAN SERVICES,
PARKS AND RECREATION
No. 54
Bids - Street Tree Planting
60 Trees - Fall 1995
This Department prepared plans and specifications for sealed informal
proposals for the above project. Bids were opened at 11:00 a.m. on October
17,1995 and were as follows:
Gleason's Nursery Inc. $ 7,420.00 Low
Seasonal Landscaping $ 7,610.00
Johnstone Landscape Service $ 9,840.00
Pine Ridge $12,300.00
I hereby certify that Gleason's Nursery Inc. is the lowest responsible
bidder and it is my recommendation that the bid submitted be accepted and the
project be charged to:
Account No. 100 - 501 Parks 012 - 00 -583
I hereby certify that the foregoing is a true and correct statement of
all bids received.
Mr. Pitts moved:
That the communication from the Department of Human Services, Parks &
Recreation, dated October 18,1995, be received and filed; and
That the Commissioner of Human Services, Parks & Recreation be, and he
hereby is, authorized to award a contract for Street tree planting - 60 trees,
Fall 1995 to Gleason's Nursery Inc., the lowest responsible bidder in the
amount of $7,420.00; with said cost to be charged against 100-501 Parks
012-00-583.
PASSED.
AYES- 13 NOES-0
FROM THE CIVIL SERVICE COMMISSION
No. 55
Waive Residency J.Sniderhan-Deputy Fire Commissioner
The Civil Service Commission is in receipt of correspondence from
John W. Sniderhan, Deputy Fire Commissioner, Buffalo Fire Department,
requesting to waive his City residency for six months.
Please be advised that at a meeting held on July 26, 1995, the Commission
approved Mr. Sniderhan's request and directed that he establish residence in
the City of Buffalo by January 31, 1996, and must submit verification of same
to this office by said date.
We will inform you once we receive this information.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
No. 56
Waive Residency P. Stafford Deputy Police Commissioner
The Civil Service Commission is in receipt of correspondence from
Patrick G. Stafford, Deputy Police Commissioner, Buffalo Police Department,
requesting to waive his City residency for six months.
Please be advised that at a meeting held on October 11, 1995, the
Commission approved Mr. Stafford's request and directed that he establish
residence in the City of Buffalo by April 5, 1996, and must submit verification
of same to this office by said date.
We will inform you once we receive this information.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
No. 57
Info Appt. Truck Driver
Item #39, CCP 10/17/951
Be advised that individuals appointed from an open competitive
list for positions within City government must be residents of the City of
Buffalo.
Appointments above the minimum salary level are in accordance with
Collective Bargaining Agreements and subject to the approval of the Common
Council.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
No. 58
Info Appt. Court Liaison Counsl. Coord.
and Appt. Crime Analyst
Item #108, CCP 9/5/95
Item #39, CCP 10/3/95
As requested, attached is a copy of the job specification for
Court Liaison Counselor in the Department of Human Services, Parks, and
Recreation.
In reply to your request for information concerning the position of Crime
Analyst, attached is a copy of the new position description and job description
forwarded by the Buffalo Police Department.
Mr. Bohen's work experience as a Senior Auditor and Commissioner of
General Services meets the experience requirement as stated on the job
specification for Crime Analyst. He has a Bachelor's Degree in Business
Administration.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
FROM THE BOARD OF EDUCATION
No. 59
Site Based Budgeting
Item #231 CCP 10/17/95
The Public School District has, in the past, used site base budgeting
concepts and is again exploring going back to site base budgets.
The Board's Budget/Audit Committee has the task of reviewing this process
and seeing if it is practical.
The fact that the Common Council wants to see site based budgeting on the
School District's behalf, led to one logical question on my part. Do the
individual fire houses and police precincts budget on a sit based concept?
The District looks forward to detailed budget analysis discussion with
the Common Council Members in the future. The District needs you assistance
now. more than ever and Council's understanding of the District's budget will
only help strengthen the process.
REFERRED TO THE SPECIAL COMMITTEE ON EDUCATION.
FROM THE BUFFALO SEWER AUTHORITY
No. 60
Rodent Control Strike Force
Item No. 234, CCP, 10/17/95
In response to your correspondence dated October 18, 1995, and
per my conversation with Councilmember LoTempio, the Buffalo Sewer Authority is
willing to participate in the Rodent Control Strike Force. We will make
available to you equipment and manpower in order to accomplish your goals and
bring this problem under control.
REFERRED TO THE COMMITTEE ON LEGISLATION.
FROM THE BUFFALO MUNICIPAL HOUSING AUTHORITY
No. 61
Lead Testing
This is in response to your letter of September 26, 1995 which
was received on September 27, 1995 regarding Lead Testing in BMHA drinking
water.
Please be advised that the BMHA has not been doing any testing of the
water in BMHA Developments as indicated in the attached Resolution, nor are we
under any regulation or mandate to do so.
We, therefore, are unable to provide any copies of the test results as
requested.
REFERRED TO THE COMMITTEE ON LEGISLATION.
FROM THE CITY CLERK
No. 62
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
Department of Human Resources-Div. for Youth
RECEIVED AND FILED.
No. 63
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
73-75-Allen Kay Gallagher's Michael Walsh
REFERRED TO THE COMMITTEE ON FINANCE, THE COMMISSIONER OF ASSESSMENT, THE
COMMISSIONER OF PUBLIC WORKS, AND THE COMMISSIONER OF NEIGHBORHOODS, HOUSING
AND INSPECTIONS .
No. 64
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:
City Clerk - Gerald Chwalinski
Police - Terry Abrams, Elaine Diebold, Samuel Gulisano,
Thomas McNaughton,
RECEIVED AND FILED.
No. 65
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
City Planning Board
Emergency Medical Services Board
Municipal Housing Authority
RECEIVED AND FILED.
No. 66
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 October 20, 1995 in the Department of Common
Council, Sarah C. Mangus, 506 Fillmore Ave., Buffalo, 14206, to the Position of
Intern III, Seasonal, at the Flat Starting Salary of $5.00.
Appointment Effective October 25, 1995 in the Department of Common
Council, Michael Hopkins, 18 Stanislaus St., Buffalo, 14212, to the Position of
Intern III, Seasonal, at the Flat Starting Salary of $5.00.
Appointment Effective October 24, 1995 in the Department of Common
Council, Sulyn Brooks, 132 Carl St., Buffalo, 14215, to the Position of Intern
IV, Seasonal, at the Flat Starting Salary of $6.00.
Appointment Effective October 25, 1995 in the Department of Common
Council, Jennifer McDougall, 16 Magnolia St., Buffalo, 14220, to the Position
of Intern IV, Seasonal, at the Flat Starting Salary of $6.00.
No. 67
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 16, 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 hr.
La-Sheri Alexander, 197 Hempsted Ave., Buffalo, 14215
James J. Francis Jr., 137 Vandalia St., Buffalo, 14204
Toni Townsend, 1270 Kensington Ave., Buffalo, 14215
James T. Williams, 167 Roebling St., Buffalo, 14215
Appointment Effective October 30, 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 hr
.Thomas Banko, 43 Ashton Pl., Buffalo, 14220
Russell Nicometi, 89 Hoyt St., Buffalo, 14213
DEPARTMENT OF HUMAN SERVICE,
PARKS AND RECREATION
Appointment effective October 20, 1995 in the Department of Human
Services, Division of Recreation, Mark Blake, 158 Dundee, Buffalo 14220 to the
Position of Refrigeration Plant Engineer, Seasonal, at the Flat Starting
Salary of $6.91 hr.
Appointment effective October 20, 1995 in the Department of Human
Services, Division of Recreation, Jeffrey Klapp, 618 W. Northrup, Buffalo 14214
to the Position of Refrigeration Plant Engineer, Seasonal, at the Flat
Starting Salary of $6.91 hr.
Appointment effective October 23, 1995 in the Department of Human
Services, Division of Recreation, Karl Kozlowski, 76 Howell, Buffalo 14207 to
the Position of Special Service Instructor I, Temporary at the Flat Starting
Salary of $6.50 hr.
No. 68
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 NEIGHBORHOODS,
HOUSING & INSPECTIONS
Appointment Effective October 23, 1995 in the Department of
Neighborhoods,
Housing & Inspections, Division of Housing & Inspections, Fred Heinle, 80
Trinity Place, Buffalo, New York 14201 to the Position of Real Estate
Specialist, Provisional, at the Minimum Starting Salary of $35,455.
DEPARTMENT OF STREET SANITATION
Appointment Effective October 18, 1995 in the Department of Street
Sanitation Jeffrey D, Grant, 96 Columbus Avenue, Buffalo, New York 14220, to
the Position of Truck Driver, Permanent, at the Minimum Starting Salary of
$22,266.
DEPARTMENT OF ADMINISTRATION & FINANCE
Appointment Effective October 25, 1995 in the Department of
Administration
and Finance, Division of Bureau of Administrative Adjudication, Joseph
Bonigovanni, 221 Lovering Buffalo, New York 14216, to the Position of
Assistant Director Of Administrative Adjudication, Permanent, at the Minimum
Starting Salary of $31,864.
Appointment Effective October 24, 1995 in the Department of
Administration and Finance, Division of Bureau of Administrative Adjudication
Diane Devlin, 37 Rand St.,Buffalo, New York 14216 to the Position of Director
of the Bureau of Administrative Adjudication, Permanent, at the Flat Starting
Salary of $53,248.
No. 69
Certificate of Appointment
Appointment Effective October 25, 1995 in the Department of Common
Council, Division of City Clerk Gerald A. Chwalinski, 15 Duluth Avenue,
Buffalo, NY 14216 to the Position of Senior Council Clerk, Permanent, at the
Maximum Starting Salary of $38,312.
Mr. Pitts now moved approval of the above item.
PASSED
AYES - 13 NOES - 0
NON-OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES
NON-OFFICIAL COMMUNICATIONS
No. 70
CARBON COPIES
Request To Open Gift Shop in City Hall
Carbon Copies requests the opportunity to open a souvenir/gift
shop in City Hall in the basement near the cafeteria. The shop would offer a
selection of Buffalo made items, clothes and jewelry, as well as cards and
flowers. A visitor to City Hall who needs a remembrance or an employee who
wants a gift for someone special would benefit without having to spend valuable
time leaving the building.
Perhaps you saw our service of providing on-site shopping of high quality
women's clothing and accessories when we were at City Hall. Carbon Copies has
built a reputation by providing fashion items which are personally selected
direct from manufacturers. Our emphasis is on unusual merchandise not readily
available in local stores. At each event, we have established rapport with
customers which is shown by Carbon Copies being asked to return.
Our experience in providing merchandise customized to the people we serve
and our ability to develop rapport with customers are the prime reasons that we
believe the gift shop will be an asset to City Hall. We are easy to do
business with. Our unique merchandise, an interesting shop and the presence of
enthusiastic people who care about their customers will add to the quality of
the experience of visiting or working in City Hall.
We look forward to answering any questions you may have and to continuing
the discussion of this opportunity.
REFERRED TO THE COMMITTEE ON FINANCE, THE COMMISSIONER OF ADMINISTRATION AND
FINANCE AND THE CORPORATION COUNSEL.
No. 71
ERIE CO. SHERIFF
Info-Iron Circle Macho Shop
Item No. 230, C.C.P., Sept. 19, 1995
Enclosed please find photographs that were taken of the Iron
Circle Macho Shop, on Seneca Street, which I inspected with you, last Friday
(October 6). It is my conclusion that the very term "Macho Shop" has nothing
to do with martial arts; to put it pure and simple, it is a knife and sword
shop .... It is not a business that teaches the martial arts. ,
The knives in the shop --- although some can be used for throwing --- are
designed for one purpose, and that is for killing. The worse weapon of all is
the six-foot long blowgun that has absolutely no purpose, whatsoever, and in
the wrong hands could be lethal. I thoroughly agree with you that such a knife
shop has no place in a residential area, where children are passing by,
everyday, coming and going to school.
I am certain if this store was well outside the city limits, people ---
especially young men --- would not be inclined to drive a great distance to buy
the knives. But, since they are so readily available, it puts the market at
their doorstep. Considering the number of taverns in the area and the
instances of fights involving bar patrons, having one or more individuals being
armed with some of these knives, could prove extremely dangerous; even fatal.
If I can be of any further assistance to you, please do not hesitate to
contact me. With best regards,
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 72
CATHLEEN M. HURLEY
Concerns - Absentee Landlords
1210/1212 West Avenue
Attached please find a letter from Cathleen M. Hurley who is writing
to voice her concerns about A situation concerning drug activity and various
incidents at 1210/1212 West Avenue.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 73
R. KERN
Complaints- West Side N.H.S.
As chair of the housing committee of the Westside Congress of
Neighborhoods, I am alarmed by the appearance of impropriety in many of the
mechanisms necessary to reverse the alarming decline of our neighborhoods.
Grassroots activism had increased hope in the Niagara District, and both
candidates for Common Council stressed the important role of the Westside
Neighborhood Housing Service in working as a partner with neighborhoods to
stabilize housing (there are about 750 parcels listed for sale on the entire
westside, and rapidly growing rental vacancies or abandoned buildings). The
Congress and campaigns urged more citizens to join the NHS resulting in
membership increasing form about 40 to 103 by the publicized deadline to vote
in upcoming election of October 11 (a NHS Memo stated twice, you must be a
current dues paid member before THURSDAY. Oct. 12").
Incredibly, Modesto Candelaria brought in his own list of 120 names, well
over half from outside the Niagara District, after business hours on October
12, adding it to the pages of 103 current NTIS members which had been prepared
by staff, to a board meeting at 7 PM.
I had been denied access to the membership list (I am a member) which the
Congress wished to solicit for possible board members, being told it violated
the by-laws. That was untrue. Incredibly, the by-laws define membership so
broadly that virtually anybody in the world could become members by
"express(ing) interest in contributing to the fulfillment of the purposes of
the Corporation"(3.2d). 'Men "voting by mail shall be permitted in the election
of the Board." (4.9a)
In an agency that suffered a blatant political "take-over" by, Perla
forces last year, the same impropriety seems likely to happen again. Last year
the agency lost an ambitious, recently hired director from the progressive
Cleveland Heights area, lost community credibility by being peripherally
involved in the scandalous Termini project on Connecticut Street, and lost
momentum (and money) on a venturesome but risky "Shields Street Project".
Again NHS credibility was damaged by silence about the dubious taxpayer $17,000
demolition of the long vacant Ganci building, which had aggravated Shields
Street's decline.
The westside needs a strong and credible NHS. Reform is essential to
restore public confidence. Several steps are necessary:
1. Review the by-laws to define membership reasonably and minimize
"political take-over". What are the membership rules of other professional
housing agencies?
a. How can "the Secretary verify that such member no longer qualifies
for membership" . . where it is believed that a member fails or ceases to
qualify for membership"? How is "interest in contributing" documented. We
doubt that many of the 120 names even themselves paid the $2 membership fee,
which might constitute "interest".
b. What process guarantees the integrity of absentee ballots,
especially by members who have never been seen?
2. Review possible conflict of interest of board members.
1. Modesto Candelaria is a Perla insider, and director of Father Belle
Community Center. This agency had an IRS lien last year which jeopardized
funding. He apparently faces a lawsuit by Polish Community Center for
non-payment of $5,000-$10,000 for insulation. His wife heads WS Community
Services, which has a competing housing service with the NHS; allegedly he
submitted a funding proposal for WSCS rather than WSNHS.
2. Nicholas Custodi stands to profit from the $80,000-$100,000 sale of
his closed hardware store for a highly dubious $1 million subsidized elderly
complex, while there are 4 subsidized elderly complexes in the vicinity. This
building, which has occupied apartments, has little value in the current
market. Yet phase II of the Termini Connecticut Street project benefits many
of his friends and neighbors at incredible taxpayer expense, as the city faces
bankruptcy.
The Westside Congress wishes to forge a strong working relationship with
the WSNHS. To date that has been impossible because it was perceived as
"Perla's agency". We need public evidence that WSNHS will be professional and
fair. !be Congress has been pledged "minimal political intrusion" by both
Niagara district candidates. The Congress is reviewing a slate of candidates
for the 7 openings who will sign a pledge of fairness, political independence,
and placing top priority on home ownership.
Please help restore confidence in government on the westside and hope
that we can stabilize once strong neighborhoods. We would welcome an
opportunity to meet with you to plan effective reform.
REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT, THE COMMISSIONER OF
NEIGHBORHOODS, HOUSING AND INSPECTIONS, BOARD OF ETHICS, AND CORPORATION
COUNSEL.
No. 74
LOCAL 264
Health Care Coverage
In response to the resolution passed by the Common Council requesting
unions give an update on health care coverage, this is to let you know that
Local 264 has explored several options of health insurance coverage with the
goal of saving the City money while not diminishing the benefits currently
enjoyed by the members of our bargaining unit.
We have given our proposals to the City during the process of our ongoing
contract negotiations. Hopefully, we will be able to negotiate an agreement
that both parties can accept.
Please be assured that Local 264 has and will continue to do whatever we
can to help save the City money in regard to the cost of health insurance for
its employees. If you wish to discuss this issue further, feel free to contact
me.
RECEIVED AND FILED.
No. 75
LOCAL 2651
Health Care Coverage
As part of our negotiated Contract settlement with the present
Administration for the year 1994/1995 Local 2651 Buffalo Building Trade
Inspectors agreed to Mayor Masiello's Medical Plan.
The City pays for the two (2) least costliest plans of the four (4)
offered plans. The four (4) plans available are less costly than those offered
any other union, exempt personnel or Common Council. We also pay one-half of
our Dental Insurance Premium. Our Union also has the lowest in-lieu payment of
any City Hall Union. Local 2651 Buffalo Building Trade Inspectors is certainly
doing its part in helping the City of Buffalo to save money.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
No. 76
RITE-AID
Complaint-Derelict Building
Rite Aid Corporation invested over a million dollars in the development
of a new prototype Rite Aid Pharmacy at the intersection of Bailey and East
Delavan. Photos of the same are enclosed.
Also enclosed are photos of the derelict building at 2470-2472 Bailey
Avenue, which has been burned out and a public nuisance for a number of years.
In prior correspondence, copies of which are enclosed, we requested that
the City of Buffalo follow-up on either the rehabilitation of this building or
the demolition of the building.
We have been told repeatedly that the City would take affirmative action
to do something about this derelict building. To date, absolutely nothing has
been done.
The absentee owners reside in Chicago. They apparently have little
respect for the City, its neighborhood and its residents.
This letter shall serve as notice to the City that the property at
2470-2472 Bailey Avenue is a public nuisance and presents a danger to adjoining
properties and residents.
Rite Aid built its project in reliance upon the anticipated restoration
or demolition of this building. If this building catches fire again, it is
going to have a significant negative affect on the Rite Aid and the
neighborhood.
We ask for your immediate attention to the above.
Thank you for your cooperation in this matter.
REFERRED TO THE COMMITTEE ON FINANCE AND THE COMMISSIONER OF NEIGHBORHOODS,
HOUSING AND INSPECTIONS.
No. 77
ROSWELL PARK
Modernization Program - Minority Participation
Enclosed please find information regarding minority participation
statistics and a current project progress overview. If you have any questions
about this report do not hesitate to call our office. Thank you.
RECEIVED AND FILED.
No. 78
MAGGIE SHAW
Claim-Car Damage
On August 19, 1994, the City of Buffalo hired Occhino Towing to
illegally remove my automobile from 79 Dupont. There was at lease $1,000.00 in
damages done to this vehicle, while it was being towed.
I have included into this package all information concerning the
automobile. I hope that your Honorable Body would kindly reimburse me for the
damages mentioned in this report
REFERRED TO THE COMMITTEE ON CLAIMS.
No. 79
U.S. DEPT. OF HUD
Section 108 Loan-400 Elmwood Avenue
In response to your May 2, 1995 request, we have conducted an
evaluation of the above project. Our evaluation disclosed no impropriety on
the part of any party involved in the transaction. Our comments concerning the
specific points raised by Mr. R. Kern are as follows:
1. Financing the project through use of a Section 108 loan did not
lessen the amount of funding available for westside or other neighborhood
projects, as would have occurred had the City directly utilized a portion of
its CDBG allocation. Further, we are unaware of 'millions" received to rehab
the building less than 10 years ago, unless this refers to mortgage financing
provided by the New York State Housing Finance Agency in 1986.
Overall project finances are not as favorable as alleged. Although
project rent revenues are about $40,000 per month (about 2/3 subsidized by
Section 8), after operating costs and debt service obligations the project
incurred minimal losses in both 1993 and 1994. It is clear from review of
audited financial statements that project cash flows and appraised value were
not sufficient to support market financing to undertake the urgently needed
capital improvements. Inasmuch as assistance provided is in the form of a loan
secured by a second mortgage and personal guarantees, we find the use of
Section 108 financing entirely appropriate for this type of project.
2. Approximately $160,000 of Section 108 funds was used to refinance a
four-year high interest rate capital lease resulting from installation of a
gas-fueled heating ana hot-water system installed in late 1993 in an attempt to
reduce operating costs. The project does not entail replacement of the
existing furnace.
3. Other Section 108 funds have been utilized to date to address
security concerns, including entrance door repair/replacement, improved
lighting, and an electronic security system for the building. Additional funds
have been used for exterior masonry and facade repairs. Work remains in
progress, and may include additional repairs to the roof. Although some roof
repairs were made through an agreement with the Clarkson Center as indicated,
the roof continues to leak and is in need of additional repairs.
4. According to the Rental Assistance Corporation, the building
ownership has had a satisfactory record of responding to complaints on a timely
basis. Further, complaints received by the Rental Assistance Corporation have
not been of a frequency or severity to warrant sanctions (withholding of
subsidies).
Please contact me on 716-551-5768 with any questions you have
concerning the results of our evaluation.
REFERRED TO THE COMMITTEE ON ECONOMIC DEVELOPMENT AND THE CORPORATION COUNSEL,
BURA AND BEDC.
No. 80
ZOOLOGICAL SOCIETY
Request Changes in Admission Fees
The Zoological Society of Buffalo, Inc. requests the approval
of the Council to reduce one of its admission charges, and increase two other
admission charges, effective January 1, 1996.
The present admission schedule at the Buffalo Zoo is as follows:
Children, four years to sixteen years, $3.00, + $.15 City entertainment
tax, for a total of $3.15;
Adults, $5.00, + $.25 City entertainment tax, for a total of $5.25; and,
Seniors, sixty-five years and older, $2.00, + $.10 City entertainment
tax, for a total of $2.10.
In a review of our gate operations, we have found that the uneven dollar
amounts charged have had two negative effects - impacting visitor service and
cash management at the gates.
Due to the large amount of coin change required in the majority of
transactions, lines at the gates are common during periods of high attendance.
In addition, the odd figures require keeping large amounts of coin on hand.
The Society believes that an adjustment in our rate structure could alleviate
both conditions.
It is our recommendation that admission charges be adjusted to the
following schedule:
Seniors, sixty-five years and older/Youths, four years to sixteen years,
$2.86, + $.14 City tax, for a total of $3.00;
Adults, $5.71, + $.29 City tax, for a total of $6.00; and,
This revised schedule will decrease admission charges for our most
frequent visitors, children, and slightly increase charges for adults and
seniors. The net result, in light of the visitor mix, is a modest increase in
revenue, but increased customer service and improved cash management.
Regarding seniors, we now have in place a corporate sponsor, Health Care
Plan, who has underwritten free admission for seniors every Tuesday. The
program continues until mid-June, 1996,. at which time we will seek to
negotiate a continuance.
The other Council approved admission charge concerns organized Erie
County School groups that make advance reservations and prepay. Our present
admission fee for organized Erie County School groups is $.50 per child, + $.03
City tax. For school students outside the County, the charge is $2.55,
including the City tax.
The Society is happy to offer all organized Erie County school groups a
reduced rate in recognition of City and County support. However, at $.53, we
are concerned about meeting the costs of hosting up to 8,000 students in a
single day.
In view of the reasoning that City taxpayers are also County taxpayers
and, in essence, support the Zoo twice, we would propose no change in City
student group admission rates in 1996. This also recognizes the fiscal
challenges of the Buffalo Schools. The Erie County suburban districts are
fortunate not to share some of those concerns.
The Society proposes that organized Erie County school groups from
outside the City that prepay be charged an admission rate of $1.00 + $.05 City
tax during the regular school year. The charge for City of Buffalo students
would increase to the $1.05 level effective January 1, 1997. At that rate, the
Zoo will continue to have the lowest such admission charge of any similar
institution and be better able to provide the level of service these large
groups require.
Other organized groups visiting the Zoo may be eligible for a prepaid
rate, constituting a 20% reduction from regular admission.
To further assist schools in bringing students to the Zoo, in 1996 we
will be inviting school support organizations, such as the PTSA, to support the
Zoo by selling family memberships, a portion of which would be retained by the
school. This will ensure an opportunity for all students to visit the Zoo, as
well as broaden support for an important cultural resource.
The Zoo has been advised that the County Cultural Resources Advisory
Board will recommend no increase in operational support for 1996. If that
level of funding is adopted without further decrease, the Society will
understand that it is the result of growing pressure on shrinking resources.
However, this trend requires the Zoo to balance continuing value to visitors
with meeting increasing operational costs.
We hope that the Council will give these requests careful consideration,
and will call upon the Society if we can provide additional information. These
recommendations are in keeping with our commitment to you and all the residents
of Buffalo to be effective stewards of the Buffalo Zoo.
REFERRED TO THE COMMITTEE ON FINANCE.
PETITIONS
No. 81
Niagara Frontier Growers Co-op, owner, petition to use 1443 Clinton
for a pole sign.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD AND THE
COMMISSIONER OF COMMUNITY DEVELOPMENT.
No. 82
Newman Center, petitioner, petition to use 1219 Elmwood for a
Pole Sign.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD AND THE
COMMISSIONER OF COMMUNITY DEVELOPMENT
No. 83
R. Serra (All Right Parking), petition to use 196 Franklin St.
for a Pole Sign.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD AND THE
COMMISSIONER OF COMMUNITY DEVELOPMENT.
No. 84
Mark A. Davis, petitioner, Vanguard Industries Inc, owner, petition
to rezone 570 Kensington Avenue from R-2 to C-2 for self-service car wash.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD AND THE
COMMISSIONER OF COMMUNITY DEVELOPMENT.
No. 85
R. Mollot, owner, petition to use 718 Elmwood St. for a sit-in
restaurant.
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. 86
Re-Confirmation of Commissioners
(Item # 193 CCP June 27, 1995)
That the above -mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 87
Dr. Perna - Offer Services
(Item # 65 CCP July 11, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 88
Appointment
Supervisor of Street Sanitation I
That communication No. 91 July 25, 1995 be received and filed
and the temporary appointment of Nicholas Tomasulo stated above at the maximum
salary $27,091.00 effective on July 10, 1995 is hereby approved.
PASSED.
AYES- 13 NOES- 0
No. 89
Review Police Vet. Holiday Program
(Item # 163 CCP October 3, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 90
Review Police Vet. Holiday Program
(Item # 164 CCP October 3, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 91
Appointment
Data Processing Equipment Operator
That Communication No. 14 October 17, 1995 be received and filed
and the contingent permanent appointment of Janet Sanfilippo stated above at
the 4th step salary $25,369.00 effective on October 12, 1995 is hereby
approved.
PASSED.
AYES- 13 NOES- 0
No. 92
Involve Dept. Heads - Labor Negotiations
(Item # 18 CCP October 1'7, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 93
Info. - Appt. Superv. St. San. I
(Item # 38 CCP October 17, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 94
Memorandum of Agreement - Local 2651 AFSCME, AFL-CIO
Medical In-Lieu Payment
(Item No. 56, C.C.P., Oct. 17, 1995)
That the Memorandum of Agreement between the City and Local 265
1, 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, dated October 11, 1995, be approved and ratified.
PASSED.
AYES- 13 NOES- 0
No. 95
Appointment
Teller
That Communication No. 58 October 17, 1995 be received and filed
and the permanent appointment of Christine Schalberg stated above at the 4th
step salary $24,407.00 effective on October 5, 1995 is hereby approved.
PASSED.
AYES- 13 NOES- 0
No. 96
Notices of Appt. - Temp/Prov./Perm
(Item # 72 CCP October 17, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
Mrs. LoTempio moved that the above item be recommitted to the Committee
on Civil Service.
ADOPTED.
No. 97
PBA - Union Health Coverage
(Item # 78 CCP October 17, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 98
Salary Ordinance Amendment
10 - Department of General Services
4 - Division of Inventory & Stores
001- Inventory Management
(Item No. 232, C.C.P., Oct. 17, 1995)
That the Salary Ordinance Amendment as contained in Item No. 232,
C. C. P., October 17, 1995, be and the same hereby is approved.
PASSED.
AYES- 13 NOES- 0
No. 99
Salary Ordinance Amendment
98 - Department of Water
011 - Inspection and Meter Reading
(Item No. 233, C.C.P., Oct. 17, 1995)
That the Salary Ordinance Amendment as contained in Item No. 233,
C. C. P., October 17, 1995, be and the same hereby is approved.
PASSED.
AYES- 13 NOES- 0
FINANCE
HON. DAVID A. COLLINS
CHAIRMAN
No. 100
Audit - Assessment
(Item # 8 CCP September 5, 1995)
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
No. 101
Reply to Audit - Assessment
(Item # 16 CCP October 17, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 102
Report to Audit - Assessment
(Item # 52 CCP October 17, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 103
Audit - PVB
(Item # 24 CCP June 27, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 104
Audit - PW - Refuse Contract
(Item # 22 CCP September 19, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 105
Reply to Audit - Blue Boxes
(Item # 21 CCP October 17, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 106
Audit - Police Overtime
(Item # 11 CCP October 3, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 107
Reply to Audit - Central Booking
(Item # 28 CCP October 17, 1995)
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
No. 108
Reply to Audit - Police Overtime
(Item # 53 CCP October 17, 1995)
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
No. 109
Audit - Police Dept. Court Time
(Item # 8 CCP October 17, 1995)
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
No. 110
Audit - Police Dept. Bicycle Auction
(Item # 9 CCP October 17, 1995)
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
No. 111
Recycling Blue Boxes
(Item # 20 CCP September 5, 1995)
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
No. 112
Recycling Blue Boxes
(Item # 37 CCP October 17, 1995)
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
No. 113
Local 282 - Purchase 5 Quint Vehicles w/HUD Funds
(Item # 131 CCP July 25, 1995)
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
No. 114
Local 282 - Purchase Vehicles w/HUD Funds
(Item # 100 CCP September 5, 1995)
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
No. 115
W. Schwan - Local 282 Purchase Vehicles w/HUD Funds
(Item # 91 CCP September 19, 1995)
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
No. 116
W. Schwan - Purchase Vehicles w/HUD Funds
(Item # 67 CCP October 3, 1995)
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
No. 117
Tracy St. Block Club - Object to Pkg. Lot Tracy St.
(Item # 136 CCP July 25, 1995)
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
No. 118
Transworld Sys. - Cost Eff. - Collection of Debt
(Item # 137 CCP July 25, 1995)
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
No. 119
Transworld Sys. - Collection of Debt
(Item # 12 CCP October 17, 1995)
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
No. 120
Info. - Golf Receipts
(Item # 12 CCP October 3, 1995)
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
No. 121
Info - Golf Receipts
(Item # 60 CCP October 17, 1995)
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
No. 122
Tax Exempt - Redev. Ellicott Mall
(Item # 168 CCP September 5, 1995)
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
No. 123
Erie County Water Authority - Consolid. Serv. w/City
(Item # 87 CCP September 19, 1995)
That the above mentioned item be and the same is hereby referred
to the Committee on Legislation.
ADOPTED.
No. 124
Water Service Consolidation
(Item # 34 CCP October 3, 1995)
That the above mentioned item be and the same is hereby referred
to the Committee on Legislation.
ADOPTED.
No. 125
Donald Spasiano - Concession - Broderick Park
(Item No. 92, C.C.P., Sept. 19, 1995)
That the Commissioner of Human Services, Parks and Recreation
be, and he hereby is authorized to grant a rent reduction for the 1995 Season
in the amount of $2,000.00 to Donald Spasiano for Broderick Park Concession; on
the condition that Mr. Spasiano not make a claim for any type of start-up
expense incurred in the initial setup of the concession operation.
PASSED.
AYES- 13 NOES- 0
No. 126
Broderick Park Rent Reduction
(Item # 59 CCP October 17, 1995)
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
No. 127
Buffalo Science Museum - Parking Lot
(Item No. 127, C.C.P., July 25, 1995)
(Item No. 135, C.C.P., Oct. 3, 1995)
That the Common Council does hereby close the thoroughfare running
through the Buffalo Museum of Science Parking area to thru traffic as indicated
in the above referenced communication and authorizes the Museum of Science to
operate and maintain the parking area, including access to such property.
PASSED.
AYES- 13 NOES- 0
No. 128
Monthly Overtime Report
(Item # 4 CCP October 17, 1995)
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
No. 129
Lease Renewal - Central Police Forensic Laboratory
(Item No. 10, C.C.P., Oct. 17, 1995)
That the Comptroller be, and he hereby is, authorized to renew
the lease agreement between the City of Buffalo and the County of Erie, for the
operation, management and control of the Central Police Services Forensic
Laboratory, for an additional five-year period to begin September 20, 1995 to
expire on September 19, 2001. That the Corporation Counsel shall be authorized
to prepare the necessary lease and that the Mayor be authorized to execute the
same.
PASSED.
AYES- 13 NOES- 0
No. 130
Info. - Banks & Exempt Status
(Item # 17 CCP October 17, 1995)
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
No. 131
Engage Consultant Engineer - Plans, etc. - Squaw Island
(Item No. 23, C.C.P., Oct. 17, 1995)
That the Commissioner of Public Works be, and he hereby is authorized
to engage the 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. Construction funding for Phase I-A is scheduled in the
1995-96 capital improvement budget and will be available once the bonds are
sold.
PASSED.
AYES- 13 NOES- 0
No. 132
Info. - Bid Niagara St. Tree Planting
(Item # 34 CCP October 17, 1995)
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
No. 133
Mowing Private Lot Costs
(Item # 35 CCP October 17, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 134
Increase in Pre-Demolition Asbestos Removal Costs
(Item No. 49, C. C. P., Oct. 17, 1995)
That the Commissioner of Neighborhoods, Housing and Inspections
be, and he hereby is authorized to increase the pre-demolition asbestos removal
costs in the amount of $200.00 for a total cost of $5,055.00 and to be charged
to Capital Outlay Account #100-241-085-00-900.
PASSED.
AYES- 13 NOES-0
No. 135
Rescind Demolition Costs - 858 Tonawanda Street
(Item No. 50, C.C.P., Oct. 17, 1995)
That the Commissioner of Neighborhoods, Housing and Inspections
be, and he hereby is authorized to cover the cost for demolition at 858
Tonawanda Street as stated in Item No . 84, C.C. P., 9/5/95 to be paid from
Capital Outlay Account 100-241-085-00-900 be rescinded and the demolition cost
of 858 Tonawanda Street be paid through Block Grant Funds.
DENIED.
AYES- 13 NOES- 0
No. 136
T. Kilianski - Request Release of Lien - 821 South Park
(Item No. 79, C.C.P., Oct. 17, 1995)
That the above item be, and the same hereby is, returned to the
Common Council without recommendation.
Mr. Collins moved:
That the above item be and the same is hereby recommitted.
ADOPTED.
No. 137
Result Negotiations - Cor. Elmwood/Virginia
(Item No. 140, C.C.P., Oct. 17, 1995)
That the above item be, and the same hereby is, returned to the
Common Council without recommendation.
Mr. Collins moved:
That the above item be and the same is hereby recommitted to the
Committee on Finance.
ADOPTED.
AYES- ARTHUR, BELL, COLLINS, COPPOLA, FRANCZYK, HELFER, LOCKWOOD, LOTEMPIO,
PERLA, PITTS, WILLIAMS, ZUCHLEWSKI- 12
NOES- CZAJKA- 1
No. 138
Result Neg.- Cor. Elmwood/Virginia
(Item # 141 CCP October 17, 1995)
That the above mentioned item be and the same is hereby received
and filed.
Mr. Collins moved that the above item be recommitted to the Committee on
Finance.
ADOPTED.
AYES- ARTHUR, BELL, COLLINS, COPPOLA, FRANCZYK, HELFER, LOCKWOOD, LOTEMPIO,
PERLA, PITTS, WILLIAMS, ZUCHLEWSKI- 12
NOES- CZAJKA- 1
No. 139
Offer Purch. 1363 Sycamore
(Item # 150 CCP October 17, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
AYES- ARTHUR, BELL, COLLINS, COPPOLA, CZAJKA, FRANCZYK, LOCKWOOD, LOTEMPIO,
PERLA, PITTS, WILLIAMS, ZUCHLEWSKI- 12
NOES- HELFER- 1
No. 140
Result Neg. 1363 Sycamore
(Item # 151 CCP October 17, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
AYES- ARTHUR, BELL, COLLINS, COPPOLA, CZAJKA, FRANCZYK, LOCKWOOD, LOTEMPIO,
PERLA, PITTS, WILLIAMS, ZUCHLEWSKI- 12
NOES- HELFER- 1
No. 141
Emergency Reconstruction - McKinley Monument
Fountain at Niagara Square
(Item No. 26, C.C.P., Oct. 3, 1995)
(Item No. 152, C. C. P., Oct. 17, 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.
PASSED.
AYES- 13 NOES-0
No. 142
Status of Newsstand at Hertel and Delaware Avenues
(Item No. 165, C.C.P., Oct. 17,1995)
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.
ADOPTED.
No. 143
Geographic Information System - Police
and Fire Computer System
(Item No. 221, C.C.P., Oct. 17, 1995)
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
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
That the Commissioner of Fire provide and 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
That the Division of Data Processing report on the role it will play in
facilitating city departments in the operation of the GIS.
ADOPTED.
No. 144
Reply to Liquor Licenses- 9/19
(Item # 51 CCP October 17, 1995)
That the above mentioned Item be and the same is hereby referred
to the Mayor.
ADOPTED.
AYES- BELL, COLLINS, COPPOLA, CZAJKA, FRANCZYK, HELFER, LOCKWOOD, LOTEMPIO,
PERLA, PITTS, WILLIAMS, ZUCHLEWSKI- 12
NOES- ARTHUR- 1
No. 145
Liquor Lic. Applic.
(Item # 67 CCP October 17, 1995)
That the above mentioned Item be and the same is hereby referred
to the Mayor.
ADOPTED.
AYES- BELL, COLLINS, COPPOLA, CZAJKA, FRANCZYK, HELFER, LOCKWOOD, LOTEMPIO,
PERLA, PITTS, WILLIAMS, ZUCHLEWSKI- 12
NOES- ARTHUR- 1
LEGISLATION
HON. ALFRED T. COPPOLA
CHAIRMAN
No. 146
Tamra Swatsworth, Petition to Use 2119 Seneca Street
(Item No. 81, C. C. P., Oct. 17, 1995)
That after a public hearing before the Committee on Legislation
on October 24, 1995, the petition of Tamra Swatsworth, permission to use 2119
Seneca Street for a sit-in restaurant be, and hereby is approved.
PASSED.
AYES- 13 NOES-0
No. 147
Development Plan Review Process
(Item # 180 CCP June 13, 1995)
That the above mentioned Item be and the same is hereby referred
to the Design Review Task Force.
ADOPTED.
*AYES- BELL, COLLINS, COPPOLA, CZAJKA, FRANCZYK, HELFER, LOCKWOOD, LOTEMPIO,
PERLA, PITTS, WILLIAMS, ZUCHLEWSKI- 12
NOES- ARTHUR- 1
*Mr. Arthur voted in the negative on Item Nos. 147 thru 151.
No. 148
Dev. Plan Review Process
(Item # 79 CCP September 5, 1995)
That the above mentioned Item be and the same is hereby referred
to the Design Review Task Force.
ADOPTED.
No. 149
Dev. Plan Review Process
(Item # 46 CCP October 17, 1995)
That the above mentioned Item be and the same is hereby referred
to the Design Review Task Force.
ADOPTED.
No. 150
Review Elmwood Dist. in Zoning Ordinance
(Item # 219 CCP May 2, 1995)
That the above mentioned item be and the same is hereby referred
to the Design Review Task Force.
ADOPTED.
No. 151
Prevent Box Architecture
(Item # 6 CCP June 27, 1995)
That the above mentioned item be and the same is hereby referred
to the Design Review Task Force.
ADOPTED.
No. 152
Questions Const. Permits Ammex Duty Free
(Item # 200 CCP September 5, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 153
Constr. Permits Ammex
(Item # 48 CCP October 17, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 154
Buffalo/Ft. Erie Bridge Authority - Ammex Constr. Permits
(Item # 158 CCP October 17, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 155
Notification Serial #8537-8542
(Item # 22 CCP October 3, 1995)
That the above mentioned Item be and the same is hereby
received
and filed with the exception of Serial Nos. 8537 & 8538 which are tabled.
ADOPTED.
No. 156
Reappointment of Member to the Buffalo Preservation Board
(Item No. 1, C.C.P., Oct. 3, 1995)
(Item No. 180, C.C.P., 10/17/95)
That the reappointment of a member of the Buffalo Preservation
Board of David T. Stieglitz, 372 Prospect Avenue, Buffalo, 14201; for a three
year term effective September 1, 1995 and expiring August 31, 1998, is hereby
confirmed.
ADOPTED.
No. 157
A. Brooker & O - Pkg. Problem 352 Franklin
(Item # 55 CCP October 17, 1995)
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
No. 158
Notification Serial 8543-8547
(Item # 19 CCP October 17, 1995)
That the above mentioned item be and the same is hereby received
and filed with the exception of Serial Number 8543 which is tabled.
ADOPTED.
No. 159
F. Fabozzi & 0 - Complaints 300 Carolina
(Item # 27 CCP October 17, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 160
Ordinance Amendment
Chapter 441 - Telephone Facilities
(Item No. 169, C.C.P., Sept. 5, 1995)
(Item No. 178, C.C.P., Oct. 17, 1995)
That the Ordinance Amendment as contained in Item No. 169, C.
C. P., September 5, 1995, be and the same hereby is approved.
Mr. Coppola moved that the above item be recommitted to the Committee on
Legislation.
ADOPTED.
No. 161
Ordinance Amendment Ch. 444 Phone Facilities
(Item # 179 CCP October 17, 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.
ECONOMIC DEVELOPMENT
HON. CARL A. PERLA JR.
CHAIRMAN
No. 162
HOME Rental Rehabilitation - 45-48 Allen Street
(Item No. 44, C.C.P., Oct. 17, 1995)
That the Commissioner of Neighborhoods, Housing and Inspections
be, and he hereby is, authorized to release HOME Rental Rehabilitation funds to
Michael L. Joseph in the amount of $160,000.00 at 4% for 15 years for 45-48
Allen Street.
PASSED.
AYES- BELL, COLLINS, COPPOLA, CZAJKA, FRANCZYK, HELFER, LOCKWOOD, LOTEMPIO,
PERLA, PITTS, WILLIAMS, ZUCHLEWSKI- 12
NOES- ARTHUR- 1
No. 163
HOME Rental Rehabilitation - 2409 Delaware Avenue
(Item No. 45, C.C.P., Oct. 17, 1995)
That the Commissioner of Neighborhoods, Housing and Inspections
be, and he hereby is, authorized to release HOME Rental Rehabilitation funds to
Theodore E. Backus and Carl S. Gmerek in the amount of $60,000.00 at 4% for 15
years for 2409 Delaware Avenue.
PASSED.
AYES- 13 NOES-0
No. 164
ECIDA - Info Banks That Receive Financial Assistant
(Item # 74 CCP October 17, 1995)
That the above mentioned Item be and the same is hereby referred
to the Finance Committee.
ADOPTED.
RESOLUTIONS
No. 165
By Mr. Arthur
Appointment of Sr. Legislative Assistant
Be it resolved that Robert E. Baines, 166 E. Ferry St., Buffalo,
NY 14208, be, and hereby is, appointed as Sr. Legislative Assistant to Common
Council, effective October 18, 1995.
ADOPTED.
No. 166
By: Messrs. Bell, Arthur, Collins Coppola Czajka, Franczyk,
,
Helfer, Perla, Pitts, Zuchlewski, Mrs. Lockwood, LoTempio andWilliams
Hurricane Crack
Whereas: The United States government, in their infinite wisdom,
has set aside funds for local or regional crises; and
Whereas: Any act of nature that causes substantial damage of life or
property is responded to by an appropriation to underwrite the costs of
rebuilding and clean up, and
Whereas: In cases of terrorism or bomb blasts or threats, no stone is
unturned in an effort to pursue the guilty parties and bring them to justice;
and
Whereas: President Bill Clinton is seriously considering sending American
Troops to Bosnia to protect the people's rights and also train and prepare
various factions of the country for future relations at a cost of
approximately Two Billion Dollars; and
Whereas: In America's major cities today, there exist an emergency of
crack cocaine
colossal proportions called with all its gang related activities
which include rape, murder, robbery, and arson with unbelievable social
consequences; and
Whereas; For years, the United States government has made funds
available to answer emergency calls of natural disasters and foreign calls for
social and financial assistance; and
Now, Therefore, Be It Resolved:
That the President of the United States and Congress should declare a
"Hurricane Crack",
national emergency called and
Be It Further Resolved:
That serious action be taken which will organize and support local law
enforcement agencies in pursuit and arrest of the cocaine market beginning with
the source to sale; and
Be It Further Resolved:
That the United States government mobilize a national sustained effort to
eliminate drug trafficking as we know it, and
Be It Further Resolved:
That this Common Council wage war on this menace called "drugs" and
request that the State and Federal Government declare a National Disaster by
reversing and reforming legislation designed to build more prisons to have
those monies go toward rehabilitating and preventing drugs from entering our
communities; and
Be It Finally Resolved:
That a certified copy of this resolution be sent to the President of the
United States and Congress asking them to declare a state of national emergency
to help repair the damage done by drugs in our society.
ADOPTED.
No. 167
By: Mr. Bell
Job Opportunities
Whereas: Many neighborhoods in the city of Buffalo experience unemployment
a levels exceeding 50%; and
Whereas: It is well documented that unemployment destroys self-esteem and
leads to criminal activities and a variety of social ills; and
Whereas: Many of Buffalo's children are living in poverty and being exposed
to a life style of hopelessness and despair- and
Whereas: The community of Buffalo has a duty and a responsibility to save
our children and their families from the evils of poverty; and
Whereas: The city of Buffalo is attracting new firms and jobs through its
community and economic development efforts; and
Whereas: The news and the availability of new jobs created by Community
Development is not reaching the people who are most in need; and
Whereas: The Department of Community Development must aggressively and
positively reach out to find and train the unemployed in Buffalo's most needy
neighborhoods; and
Whereas: The opportunity to compete for jobs will be enhanced when the
training is completed and fitted to available employment;
Now, Therefore, Be It Resolved:
That the Commissioner of Community Development submit a detailed outreach
and training program to Buffalo's Common Council that specifies actions and
training that will be available to the unemployed who live in Buffalo's most
needy neighborhoods and the plan for connecting the trained people with job
availability so they may benefit from all economic development.
REFERRED TO THE COMMISSIONER OF ECONOMIC DEVELOPMENT AND THE COMMISSIONER OF
COMMUNITY DEVELOPMENT.
No. 168
By: Mr. Collins
Transfer of Funds
Reserve for Capital Appropriations
Department of Public Works
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
$6,420 be and the same is hereby transferred from the Reserve for Capital
Improvements account and said sum is hereby reappropriated as set forth below:
From:
100 General Fund
81-9 - Exempt Items
842 - Reserve for Capital Improvements $6,420
To
:
81-8 Interfund Transfers
010 - Transfer to Capital Projects Fund $6,420
From
:
81-8 Interfund Transfers
010 - Transfer to Capital Projects Fund $6,420
To:
200 Capital Project Fund
40 - Department of Public Works
2 - Division of Buildings
063 - Reconstruction City Owned
Diving - Swimming Pools $6,420
PASSED.
AYES- 13 NOES- 0
No. 169
By: Mr. Collins
Capital Budget Amendment
Addition to Capital Program 1995-96
That pursuant to section 359 of the Charter and the Certificate
of the Mayor and the Comptroller submitted to the Common Council, the Capital
Program for the fiscal year 1995-96 be and the same is hereby amended by adding
the following item under the heading:
200 Capital Projects
401 Division of Engineering
$3,000,000
Crossroads - Phase I - Group #364
PASSED.
AYES- 13 NOES-0
No. 170
By: Mr. Collins:
Bond Resolution
$100,000 Bonds
Restoration of Monuments
Account No. 200-402-035
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 the restoration of monuments 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 cost of
the restoration of monuments 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 Public Works, Division of Buildings, "Restoration of
Monuments, 1995-1996", Bond Authorization Account No. 200-402-035, and shall be
used for the class of objects or purposes specified in Section 1 of this
resolution.
Section 3. The City intends to finance, on an interim basis, the costs
or a portion of the costs of said improvements for which bonds are herein
authorized, which costs are reasonably expected to be 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 11.00 (a) 76. of the Local Finance
Law, is ten (10) 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 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 31, 1995
LAID ON THE TABLE.
No. 171
By: Mr. Collins:
Bond Resolution
$110,000 Bonds
Reconstruction Library Buildings
Account 200-402-026
Bond Resolution of the City of Buffalo, New York, authorizing
the issuance of $1 10,000 General Improvement Bonds of said City to finance the
cost of the partial reconstruction of various library buildings in the City, at
the estimated total cost of $110,000.
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, is hereby authorized and directed to issue General Improvement
Bonds of said City in the principal amount of One Hundred Ten Thousand Dollars
($1 10,000), 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 the partial
reconstruction of various library buildings in the City. The estimated total
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 $1 10,000 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 Public Works, Division of Buildings, "Reconstruction Library
Buildings, 1995-96", Bond Authorization Account No. 200-402-026, and shall be
used for the class of objects or purposes 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 $1 10,000. 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 existing buildings are of Class " B " construction as defined
by Section 11.00 a. 11. (b) of the Law, and 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.
12.(a)(2) 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 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 for 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 this 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 31, 1995
LAID ON THE TABLE.
No. 172
By: Mr. Collins:
Bond Resolution
$5,000,000 Bonds
Desegregation Court
Order 72-CV-325C
Bond Resolution of the City of Buffalo, New York, authorizing
the issuance of $5,000,000 General Improvement Bonds of said City to finance an
additional appropriation to the Board of Education pursuant to the October 18,
1995 Order by the United States District Court in the matter of George Arthur,
et al., vs. Ewald P. Nyquist, et al.
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 Five
Million Dollars ($5,000,000), 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 an additional
appropriation to the Board of Education pursuant to the October 18, 1995 Order
by the United States District Court in the matter of George Arthur, et al., vs.
Ewald P. Nyquist, et al. The estimated maximum cost of said specific object or
purpose for which the bonds authorized by this resolution are to be issued,
including preliminary costs and costs incidental thereto and the financing
thereof, is $5,000,000, 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 General Fund, Account No.
100-810-98960, and shall be used for the purpose specified in Section 1 of this
resolution.
Section 3. The City intends to finance, on an interim basis, the costs
or a portion of the costs of said improvements for which bonds are herein
authorized, which costs are reasonably expected to be incurred by the City,
pursuant to this Bond Resolution, in the maximum amount of $5,000,000. 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 specific object
or purpose for which the bonds authorized by this resolution are to be issued,
within the limitations of Section 11.00 a. 33(a)(1) 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 31, 1995
LAID ON THE TABLE.
No. 173
By: Mr. Coppola
Request Testing for Lead in Water -
All City-Owned Buildings
Whereas: Many of the buildings owned by the City of Buffalo contain
old lead pipes with lead solder; and
Whereas: Lead is a toxic metal which is particularly harmful to young
children and is known to cause many health problems including damage to the
central and peripheral nervous system, learning disabilities, shorter stature,
impaired hearing, and impaired formation and function of blood cells.
Now Therefore Be It Resolved That
This Common Council requests that the City of Buffalo Department of
Public Works and Water Authority, and the Buffalo Municipal Housing Authority
conduct studies of the drinking water to determine lead content in the
city-owned buildings under their jurisdiction.
ADOPTED.
No. 174
By: Mr. Coppola
Grant Restricted Use - 718 Elmwood Avenue
Whereas: The property commonly known as 718 Elmwood Avenue has
been operating with a liquor license, but with certain restrictions granted by
Council Resolution No. 180, November 15, 1988; and
Whereas: The property has recently changed hands and the new owner wishes to
offer alcoholic beverages to his patrons under the same conditions and
restrictions observed by the previous owner.
Now Therefore Be It Resolved That
The new owner of 718 Elmwood Avenue be and hereby is granted permission
for restricted use of the premises for a restaurant under the following
conditions:
(1) That liquor sales will be restricted to service bar only for use of
dining patrons;
(2) That the hours of operation shall be restricted as follows: I 1:00
AM to 1: 00 AM, Monday through Saturday; and 11: 00 AM to 10:00 PM on Sundays;
(3) That the restricted use shall not be transferable to any other
parties and shall expire should the property be sold or leased to any other
persons, and shall expire in the event the premises are closed for a period of
six (6) months or longer,
(4) That any Public Works Department conditions regarding out door
cafes be complied with.
PASSED.
AYES- 13 NOES-0
No. 175
By Mr. Helfer
Procedure For Installation of Curb Cuts
Whereas: The City of Buffalo repairs sidewalks and installs curb
cuts at street corners; and
Whereas: As a member of the Mayor's Advisory Committee For Persons With
Disabilities, it has been brought to my attention that on some comers when the
concrete is installed the finished product is smooth; and
Whereas: When persons with certain disabilities, such as visual impairment,
approach smooth curb cuts, they are not alerted to the fact that they are
approaching traffic; and
Whereas: The committee has suggested the implementation of the practice of
replacing smooth concrete with surfaces consisting of either grooves,
indentations or bumps;
Be It Therefore Resolved:
Public Works review its current policy for curb cuts and report back to
the Common Council on the feasibility and possible implementation of this
suggestion.
ADOPTED.
No. 176
By: Mr. Helfer
City Properties: Inventory and Explore Auction Process
Whereas: The City of Buffalo owns a variety of improved properties,
some residential, some commercial, and some formerly used for public purposes,
such as police and fire stations and schools; and
Whereas: Many of the residential and commercial properties were acquired as
a result of in rem proceedings, whereby the prior ownership was relinquished
due to tax delinquency; and
Whereas: The city retains responsibility for maintenance of these
properties, and while some produce revenue as rental property or as a result of
subsequent sale, others are a drain on city resources because of the length of
turnover time; and
Whereas: At present, the city attempts to reduce their inventory through
various methods: demolition of dilapidated properties; rehabilitation and reuse
or resale of the property; and sale through a negotiated process or auction;
and
Whereas: The City's Division of Real Estate has neither the financial
resources nor the personnel level to conduct auctions on a regular basis; and
Whereas: A reduction of city properties may provide a needed boost in city
revenue and also help reduce costs associated with property maintenance;
Now, Therefore, Be It Resolved:
That this Common Council request that the Comptroller provide a report
detailing the following:
1) A complete inventory of all improved properties owned by the city,
including method of acquisition of the property
2) Costs associated with maintaining these properties
3) Methods currently used to divest the city of these properties,
including marketing strategies for rental, sale or rehab
4) The potential feasibility of contracting auction services to an
outside agent for the sale of city properties; and
Be it Further Resolved:
That this report be filed with the City Clerk prior to 2 P.M. on
Wednesday, November 22, 1995.
ADOPTED.
No. 177
By: Ms. Lockwood
Discharge the Finance Committee - Item 50, CCP, September 5, 1995
- Seneca Street Bridge Agreement with NYSDOT
Whereas: Item 50 - CCP - September 5, 1995 - "Seneca Street Bridge
Agreement with NYSDOT" is presently before the Committee on Finance; and
Whereas: It is no longer necessary for this item to be considered by that
committee;
Now, Therefore, Be It Resolved That:
This Common Council does hereby discharge the Committee on Finance from
further consideration of Item 50 - CCP - September 5, 1995 - "Seneca Street
Bridge Agreement with NYSDOT"., and said item is now before the Council.
CARRIED
Mr. Pitts now moved approval of the above item.
Seconded by Mrs. Williams,
PASSED.
AYES- 13 NOES- 0
No. 178
By: Ms. LoTempio
Oppose Drastic Overhauling of Health Care System
Whereas: There has been much discussion in Washington D.C. about
making substantial cuts in Medicare, Medicaid and the Older Americans Act; and
Whereas: The House recently passed a bill that is designed to reduce
Medicare spending by $270 billion over the next seven years; and
Whereas: With the federal government some $4.8 trillion in debt, the Senate
and House are looking at budget packages that rely heavily on cuts in projected
spending for various human service programs; and
Whereas: While it is important to increase the efficiency and effectiveness
of our health care system, the massive size of the proposed cuts and the short
period of time during which they would be implemented would have a very adverse
effect on the quality of health care delivered to many Americans; and
Whereas: These cuts would have a particularly dramatic impact on Western New
York, since the elderly population in this area is 14.4 percent, larger than
the national average of 12.7 percent; and
Whereas: The city would also be affected to a great degree by the major
reductions in aid for hospitals serving the poor; and
Whereas: Although there are not enough votes to override an promised veto by
President Clinton, it is expected that a compromise will be worked out in the
next month that will ensure the passage of some form of the legislation; and
Whereas: In making changes to the nation's health care system, it is vital
that the Congress and the President recognize that any spending reductions
should be made in a way that will not deny adequate health care services to
those in need;
Now, Therefore Be It Resolved:
That this Common Council urges the United States Congress to make the
accessibility of quality, affordable health care for all Americans a primary
consideration as it deliberates over proposed changes in programs that provide
health care services, especially those that affect the poor, elderly and
disabled; and
Be It Further Resolved:
That the City Clerk forward certified copies of this resolution to the
Western New York delegation to the U.S. House of Representatives, the U.S.
Senators representing New York State, and the President of the United States.
ADOPTED.
No. 179
By: Mrs. LoTempio
Appt. Special Committee on
Elmwood-Virginia Firehouse Site
Whereas: This Common Council is currently considering the purchase
of the property at the corner of Elmwood Avenue and Virginia Street for use as
a fire house; and
Whereas: This issue has become embroiled in a great deal of controversy, and
there has been much disagreement about various aspects of this issue; and
Whereas: Because of the far-reaching ramifications of the ultimate decision
on this issue, there needs to be careful and thorough study before a final
decision is made;
Now, Therefore Be It Resolved:
That the Common Council requests the Council President to appoint a
special task force to investigate the advisability of constructing a new fire
house at Elmwood Avenue and Virginia Street; and
Be It Further Resolved:
That this task force be directed to submit its findings and
recommendations for consideration by this Honorable Body at its regularly
scheduled meeting of December 26, 1995.
REFERRED TO THE PRESIDENT OF THE COUNCIL.
No. 180
By: Mrs. LoTempio
Waive Police Records Check Fee for
Lighted Schoolhouse Employees
Whereas: On average, the part time employees of the Lighted Schoolhouse
Programs throughout the City of Buffalo work less than 10 hours per week on two
or three day schedules, and earn between $4.42 and $5.20 per hour; and
Whereas: Eligibility of the employees must be certified by the Civil Service
Commission, which includes a Police Records Check. Prospective employees must
pay a $10.00 fee to have this review performed; and
Whereas: While mandating a records check is a sound policy that helps insure
that quality individuals will be working with the youth of our city, the fee
associated with the check is disproportionate to the meager earnings of the
workers; and
Whereas: Authority for collection of this fee is enumerated in Article V,
Search of Police Files, Section 361-22 A (4), with the amount set forth in
Chapter 175 - Fees 36122. Exemptions to the fee imposition are detailed in
Section 361-22 B;
Now, Therefore, Be It Resolved:
That this Common Council direct the Corporation Counsel to prepare an
amendment to Article V, Search of Police Files, Section 361-22, which would
exempt part time employees of the Lighted Schoolhouse Program from payment of
the $10.00 fee for the Police Records Search.
ADOPTED.
No. 181
By: Mrs. LoTempio
Salary Ordinance Amendment
06 - Department of Administration and Finance
3 Division of Labor & Employee Relations
002 - Civil Service
&
03 - Mayor and Executive Department
0 - Executive
002 - Contract & Human Resource Administration
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 063-002 Department of Administration and Finance -
Division of Labor & Employee Relations - Civil Service and 030-002 - Mayor and
Executive Department Executive - Contract & Human Resource Administration,
which reads:
063-002
1
$25,659 - $29,273
Affirmative Action Specialist
is hereby amended to read:
030-002
1
$25,659 - $29,273
Affirmative Action Specialist
We, Anthony M. Masiello, Mayor, Eva Hassett, Commissioner of
Administration and Finance and James B. Milroy, Director of the Budget, hereby
certify that the transfer of one (1) Affirmative Action Specialist 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. 182
By: Mrs. LoTempio
Salary Ordinance Amendment
50 - Department of Human Services, Parks & Recreation
4 - Division of Substance Abuse Services
011 - YDA-DACC Narcotic Control Board
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 504-011 - Department of Human Services, Parks & Recreation
- Division of Substance Abuse Services - YDA-DACC Narcotic Control Board which
reads:
1 Account Clerk Typist $21,126 - $23,588
5 Typist $20,215 - $22,420
is hereby amended to read:
2 Account Clerk Typist $21,126 - $23,588
4 Typist $20,215 - $22,420
We, Daniel Durawa, Commissioner of Human Services, Parks & Recreation 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 positions be fixed at the amount set forth in the foregoing ordinance.
That a personnel requisition incident to the addition of the above
position, containing a statement of the duties of such position, has been filed
with the Municipal Civil Service Commission, and said Commission has approved
and certified the position title set forth in the foregoing ordinance as being
the appropriate Civil Service title for the proposed position.
Approved as to Form
Edward Peace
Corporation Counsel
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
No. 183
By: Mrs. LoTempio
Salary Ordinance Amendment
70 - Department of Street Sanitation
0 - Streets
032 - Building & Fleet Maintenance
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 700-032 - Department of Street Sanitation - Streets -
Building & Fleet Maintenance which reads:
3 Laborer 11 (Daily) $82.52 - $94.10
7 Laborer 11 (Hourly) $ 9.85 - $11.20
is hereby amended to read:
2 Laborer II (Daily) $82.52 - $94.10
8 Laborer 11 (Hourly) $ 9.85 - $11.20
We, Vincent J. LoVallo, Commissioner of Street Sanitation 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
positions be fixed at the amount set forth in the foregoing ordinance.
That a personnel requisition incident to the creation of the above
position, containing a statement of the duties of said 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. 184
By: Mr. Perla
Ordinance Amendment
Chapter 72 - Ambulances and Ambulance Drivers
The Common Council of the City of Buffalo does hereby ordain as
follows:
That Section 72-6 (C) of Chapter 72 of the Code of the City of Buffalo be
amended to read as follows:
C Powers and duties. The Board shall:
(1) Meet on the first Thursday by each month or such other time as may
be designated by the Chairman of the Board.
(a) A member of the Board who fails to attend
three (3) consecutive monthly meetings, without being
excused by the Board Chairman or the Secretary of the
Board prior to a scheduled meeting may be dismissed by the Mayor.
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
NOTE: Matter underlined is new.
PASSED.
AYES- 13 NOES-0
No. 185
By: Mr. Perla
Ordinance Amendment
Chapter 144-6 - Construction & Home Improvement Advisory Board
The Common Council of the City of Buffalo does hereby ordain as
follows:
That Section 144-6 of Chapter 144, Contractors, be amended to read as
follows:
A. Board. The Mayor shall appoint a Construction and Home Improvement
Advisory Board consisting of [nine (9)] eleven (11) members, one (1) of whom
shall be the Director of [Licenses] Housing and Inspections. The Director of
[Licenses]Housing and Inspections or his assistant shall act as Chairman of the
Board. Each member of the Board shall serve for a term of three (3) years; all
of whom shall serve without compensation.
B. Qualifications. [Four (4)] Six (6) members of the Board shall have had at
least five (5) years of experience in the general construction and
home-improvement contracting business. [Four (4)] Six (6) members shall be
persons possessing qualifications satisfactory to the Mayor.
IT IS HEREBY CERTIFIED, pursuant to Section 34 of the Chapter, that the
immediate passage of the foregoing ordinance is necessary.
APPROVED AS TO FORM
Edward Peace
Corporation Counsel
NOTE: Matter in brackets [ ] to be deleted:
matter underlined is new.
PASSED.
AYES- 13 NOES- 0
No. 186
By: Mr. Pitts
Payment of Electrician's Bill at
Shea's O'Connell Theatre
Whereas: Work has been completed on the new Marquee at the Shea's
Theatre. However, there are a number of lingering disputes between the City
Department of Public Works and the General Contractor, and
Whereas: The Sub-Contractor responsible for the work on the Marquee hired an
electrician to complete the wiring of the Marquee, however, the electrician has
not been fully paid for his work, and
Whereas: The only reason the electrician has not been paid is because of
disputes between the General Contractor and the Sub-Contractor, and
Whereas: The Contractors and the Department of Public Works agree that the
electrician is owed the money and has completed his work satisfactorily, and
Whereas: There is no need to cause the electrician to suffer losses as a
result of contractor disputes.
Now Therefore Be It Resolved That:
The Common Council approve the payment of the electrician by the
Department of Public Works out of monies held in retention for work at the
Shea's O'Connell Theatre.
PASSED.
AYES- 13 NOES- 0
No. 187
By: Mrs. Williams
Forgive Demolition Cost 62 Edna
Whereas: On October 11, 1995 an arson fire at 60 Edna Place caused
the adjacent property at 62 Edna Place to catch fire and be completely
destroyed; and
Whereas: The cost of the demolition of 62 Edna Place is approximately
$7,500, which the city wants to owner to pay; and
Whereas: The property at 60 Edna Place was the subject of an arson fire in
December 1994; and
Whereas: 60 Edna Place has been in housing court and the owners have failed
to appear in court; and
Whereas: Arrest warrants have been issued but the owners of 60 Edna Place
have not been located; and
Whereas: The owner of 62 Edna Place is a Senior Citizen, indigent, blind and
on a fixed income; and
Whereas: 62 Edna Place was uninsured and the owner has no ability to pay for
the demolition cost;
Now, Therefore, Be It Resolved That:
This Honorable Body requests the Corporation Counsel to file a report
detailing the process and legally acceptable grounds for waiving the demolition
costs.
REFERRED TO THE COMMITTEE ON FINANCE, THE COMMISSIONER OF NEIGHBORHOODS,
HOUSING AND INSPECTIONS AND THE CORPORATION COUNSEL.
No. 188
By: Mrs. Williams
Repair Watermain - 218 Madison Street
Whereas: At its May 30, 1995 meeting, this Common Council adopted
a Resolution (#194), that requested that the Department of Public Works retain
water service at 218 Madison Street and repair the water leak at that address
at the expense of the Water Division; and
Whereas: Rationale behind the resolution was that the damage to the water
service line was caused by a City Sanitation truck; and
Whereas: The Street Sanitation Department denies responsibility for any
damage, and the Department of Public works contends that the property owner is
responsible for repairs; and
Whereas: The owner of 218 Madison Street is a senior citizen on a fixed
income, unable to afford the cost of repair and adamant that the city vehicle
caused the damage; and
Whereas: Because repairs have yet to be made, shut-off notices have been
sent to the owner; and
Whereas: It is in the best interest of all parties, both from public safety
and health viewpoints, that this problem be expeditiously resolved;
Now, Therefore, Be It Resolved:
That this Common Council again request that the water service at 218
Madison Street remain functional and that repairs to the service leak be
performed at the expense of the City's Water Division.
PASSED.
AYES- 13 NOES- 0
No. 189
By: Mrs. Williams
Repair Sidewalk - 571 High Street
Whereas: In 1979, the City of Buffalo removed a tree in front of
the property at 571 High Street following a complaint from the property owners,
George and Laverne McKinnie, that the tree's root system was causing damage to
the sidewalk. However, the damaged sidewalk was not replaced; arid
Whereas: In subsequent years, the owners repeatedly attempted to have the
sidewalk repaired at the city's expense, but, other than a 'B and-Aid' repair
job whereby the Department of Public Works made a temporary repair with
asphalt, the situation remained unchanged and a permanent repair / replacement
was not performed; and
Whereas: The property owners have an extensive file of correspondence
related to this issue that substantiates their position; and
Whereas: On October 17, 1995, Mr. & Mrs. McKinnie received a letter from the
city's Division of Engineering, notifying them that a complaint was registered
related to the condition of the sidewalk in front of their property, and that
the damaged concrete was to be corrected, within 20 days, at their expense.
Failure to comply would result in the city making the repairs and assessing the
fees to the property; and
Whereas: City Ordinances specifically exempt damages made to sidewalks that
are a result of trees or their roots. Damage caused in this manner will be
repaired at city expense; and
Whereas: It is ludicrous that the city is attempting to take action against
the McKinnies after nearly two decades of effort on their part to remedy this
problem;
Now, Therefore, Be It Resolved:
That the City of Buffalo waive the mandate for repairs to be made within
20 days and include the 571 High Street location on the list of sidewalk
repairs to be made in the spring of 1996 as part of the City's repair program.
PASSED.
AYES- 13 NOES- 0
No. 190
By: Ms. Williams, Mrs. LoTempio, Mr. Czajka
Maintaining Precinct #3
Whereas: As part of Police Precinct consolidation the Police Department
has combined precincts using Precinct # 3 as the site for the Central District;
and
Whereas: Currently located on Main Street, Precinct #3 provides an important
presence to the Theater District as well as sitting midway between its East
side and West side ; and
Whereas. Presently the interior of Precinct #3 is in a deteriorated
condition and in need of considerable improvement to meet the needs of police
personnel in addition to lacking adequate parking; and
Whereas: Utilizing city-owned land and/or buildings for consolidation should
be given strong consideration; and
Now, Therefore, Be It Resolved:
That the Commissioner of Police respond to this Honorable Body on the
feasibility of maintaining Precinct #3 on Main Street as the site for the
Central District Police Station or if an alternative site would be required;
and
Be It Further Resolved:
That the Police Commissioner respond to the Council on Plans to
reuse precinct houses vacated through consolidation; and
Be It Finally Resolved:
That the City Clerk send copies of this resolution to the Commissioner of
Police.
REFERRED TO THE POLICE REORGANIZATION COMMITTEE, THE COMMISSIONER OF POLICE,
COMMISSIONER OF ADMINISTRATION AND FINANCE.
No. 191
By: Mr. Zuchlewski
Transfer Bennett Beach
Whereas: A proposal has been made to transfer city-owned Bennett
Beach to the County of Erie; and,
Whereas: As proposed, this transfer would require that the County continue
to operate it as a public park, and that the property would revert to the City
if it was no longer used as such; and
Whereas: The Corporation Counsel has stated that General Municipal Law
allows this Council to authorize the sale or transfer of Bennett Beach to the
County, "either without consideration or for such consideration and upon such
terms and conditions as shall be approved..."; and
Whereas: It is also the opinion of the Corporation Counsel that this
transfer would not require an act of the State Legislature, since Bennett Beach
would remain under public ownership and would continue to be used as a public
park and beach; and
Whereas: The transfer of Bennett Beach would not only benefit the City of
Buffalo as a municipal entity, but it would also help ensure the greater
utilization of the park by area residents;
Now, Therefore Be It Resolved:
That the Corporation Counsel be requested to prepare all paperwork
necessary to transfer Bennett Beach to the County of Erie; and
Be It Further Resolved:
That this transfer include a restrictive covenant requiring that the land
continue to be used as a public park, and that the property would revert to the
City if the County should cease to use the land as a public park; and
Be It Finally Resolved:
That the Mayor of the City of Buffalo hereby be authorized to transfer
Bennett Beach to the County of Erie.
REFERRED TO THE COMMITTEE ON FINANCE AND THE CORPORATION COUNSEL.
No. 192
By: Mr. Zuchlewski
Ordinance Amendment
Chapter 343 - Promoting General Welfare
of Minors in Public Places
The Common Council of the City of Buffalo does hereby ordain as
follows:
That Section 2 of Chapter 343 of the Code of the City of Buffalo be
amended to read as follows:
SECTION 2 SUNSET PROVISION
This curfew ordinance shall expire January 1, [1996] 1997 unless enacted
again by the Common Council.
APPROVED AS TO FORM
Edward Peace
Corporation Counsel
NOTE: Matter in brackets [ ] to be deleted; matter underlined is new.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE COMMISSIONER OF POLICE AND THE
CORPORATION COUNSEL.
No. 193
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 Buffalo Fire Historical Society
By Councilmember Czajka
ADOPTED.
No. 194
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:
Allen Brown
ADOPTED.
UNFINISHED BUSINESS
No. 195
Bond Res. $70,000-Parks, etc-Ellicott Dist.
Mr. Pitts moved that the above item be taken from the table.
Seconded by Mrs. Williams.
Mr. Pitts now moved that the above item be approved.
Seconded by Mr. Bell.
PASSED.
AYES- 13 NOES- 0
No. 196
Bond Res. $84,000-Parks, etc-Fillmore Dist.
Mr. Pitts moved that the above item be taken from the table.
Seconded by Mr. Franczyk.
Mr. Pitts now moved that the above item be approved.
Seconded by Mr. Bell.
PASSED.
AYES- 13 NOES- 0
No. 197
Bond Res. $100,000-City Wide Playgrounds
Mr. Pitts moved that the above item be taken from the table.
Seconded by Mr. Collins.
Mr. Pitts now moved that the above item be approved.
Seconded by Mr. Bell.
PASSED.
AYES- 13 NOES-0
No. 198
Bond Res. $100,000-Ball Courts, Tennis, etc.
Mr. Pitts moved that the above item be taken from the table.
Seconded by Mr. Collins.
Mr. Pitts now moved that the above item be approved.
Seconded by Mr. Bell.
PASSED.
AYES- 13 NOES-0
No. 199
Bond Res. $140,000-Conway Park
Mr. Pitts moved that the above item be taken from the table.
Seconded by Mrs. Lockwood.
Mr. Pitts now moved that the above item be approved.
Seconded by Mr. Bell.
PASSED.
AYES- 13 NOES-0
No. 200
Bond Res. $150,000-Tree Planting
Mr. Pitts moved that the above item be taken from the table.
Seconded by Mrs. LoTempio.
Mr. Pitts now moved that the above item be approved.
Seconded by Mr. Bell.
PASSED.
AYES- 13 NOES-0
No. 201
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 Wednesday, November 8, 1995 9:30 A.M.
Finance Wednesday, November 8, 1995 - following Civil
Economic Develop. Wednesday, November 8, 1995, 1:00 P.M.
Urban Ren. Agency Wednesday, November 8, 1995 following Ec. Dev.
Legislation Wednesday, November 8, 1995 2:00 P.M.
Ancillary Committees
Stadium/Aud Task Force Thursday, November 9, 1995, 10:00 AM Room 1417
No. 202
Adjournment
On a motion by Mr. Pitts, Seconded by Mr. Bell the Council adjourned
at 3:20 P.M.
CHARLES L. MICHAUX, III
CITY CLERK
Board of Police and Fire Pension Proceedings #09
Mayor's Office - 201 City Hall
October 26, 1995
Present: George K. Arthur, Council President; Anthony M. Masiello,
Mayor; R. Michael McNamara, Deputy Comptroller-3
Absent: None
The Journal of the last meeting was approved.
No. 1
I transmit herewith the Pension Payroll for the Fire Pension Fund
for the month of October 1995 amounting to $27,727.42, and respectfully request
that checks be drawn to the order of the persons named herein for the amounts
stated.
Adopted
Ayes-3. Noes-0.
No. 2
I transmit herewith the Pension Payroll for the Police Pension
Fund for the month of October 1995 amounting to $31,027.64, and respectfully
request that checks be drawn to the order of the persons named herein for the
amounts stated.
Adopted.
Ayes-3. Noes-0.
No. 3
On motion by Mr. Arthur, the City of Buffalo Police and Fire Pension
Board Meeting adjourned at 11:10 a.m.