HomeMy WebLinkAbout96-0109
1No. 1
Common Council
Proceedings
of the
City of Buffalo
Organization Meeting January 2, 1996
Regular Meeting, January 9, 1996
CORPORATION PROCEEDINGS
ORGANIZATION MEETING
COMMON COUNCIL
CITY HALL - BUFFALO
MONDAY, JANUARY 2,1996
at 2:00 PM
Present - James W. Pitts, President of the Common Council and
Councilmembers:Brown, Coppola, Czajka, Franczyk, Gray, Helfer, Kavanaugh,
Lockwood, oTempio, Pitts, Quintana, Williams, Zuchlewski. - 13.
Absent - None.
No. 1
Mrs. LoTempio moved that the attached rules as amended be and
hereby are Adopted as the Rules of Order of the Common Council for the years
1996-1997.
Seconded by Mrs. Williams
ADOPTED.
RULES OF ORDER
of the
COMMON COUNCIL
OF THE CITY OF BUFFALO
FOR THE YEARS 1996-1997
Pursuant to Section 31 of the Charter, the Common Council of the
City of Buffalo hereby adopts the following as its rules of procedure:
Rule 1. Stated Meeting.
Stated meetings shall be held in the Council Chambers each alternate
Tuesday after the biennial organization meeting provided for in Section 29 of
the Charter at 2:00 o'clock P.M., unless such Tuesday be a legal holiday, and
in such event the meeting shall take place on the following day at the same
hour, and further, if such Tuesday should be Christmas Eve, the meeting shall
take place on the preceding Monday at the same hour. However, there shall be
no stated meetings held during the month of August. The first stated meeting
of the Common Council for the year 1996 shall be on Tuesday, January 9th.
Rule 2. Special Meeting Notice,
In addition to the mode of calling special meetings specified
in Sec. 30 of the Charter, special meetings of the Council may be called. In
the absence or incapacity of the President and the President Pro Tem, by the
City Clerk, on the written request of the Mayor or seven Councilmembers.
The call for a special meeting shall state the time and purpose of the
meeting and shall be filed with the City Clerk. It shall be the duty of the
City Clerk to cause a notice of the time and purpose of said special meeting to
be served on each member of the Council other than the President or President
Pro Tem who called the meeting. Service of said notice upon a member of the
Council shall be made by delivering a copy thereof to him personally or by
leaving it at his residence at least twenty-four hours before said meeting, and
proof of such service shall be filed with the City Clerk, provided, however,
that a statement in writing, signed and acknowledged by a member of the Council
and filed with the City Clerk, to the effect that he received twenty-four hours
notice of the time, and purpose of said special meeting, by telephone or
otherwise, shall be deemed personal service of such notice upon him and no
further proof of such service shall be required, however, said waiver must be
executed by two-thirds of those members present who wish to waive in order to
constitute a quorum.
No business shall be transacted at a special meeting except that
specified in the call for the meeting.
Rule 3. Regular Committees.
The procedures set forth in these Rules of Order shall apply with
equal force and effect to all regular and special committee meetings.
There shall be seven regular committees, to wit: Committee on Claims,
Committee on Finance, Committee on Legislation, Committee on Community
Development, Committee on Civil Service, Committee on Rules and Committee on
Education.
The Committee on Rules shall consist of three members, of which the
President of the Council shall be one. The Committee on Civil Service and the
Committee on Claims shall consist of five members each. The Committee on
Finance, the Committee on Legislation, the Committee on Community Development
and the Committee on Education shall consist of six members each.
The Council President, pursuant to Section 26 of the Charter, shall
appoint all regular and special committees, and shall designate the chairman of
each.
The President of the Council shall be ex-officio added as a member to all
committees with a vote thereon.
When a member of a regular committee is prevented by illness or other
good cause from attendance at a committee meeting and in the absence of the
Council President, the committee chairman may designate another councilmember
to substitute on an as needed basis.
Any vacancies occurring during the year on any regular or special
committee shall be filled by the President of the Council without delay.
In case a reference is ordered of any matter before the Council, the
presiding officer shall direct such reference as follows: The Committee on
Claims, all unliquidated claims against the city and release of liabilities, to
the Committee on Finance, all matters concerning the budget and the issuance of
bonds; to the Committee on Legislation, all matters relating to local laws,
ordinances and general legislation, except matters referable to the Committee
on Civil Service; to the Committee on Community Development, all matters
relating to work or improvement to be met in whole or in part by revenue from
another government unit, including all matters relating to the Buffalo Urban
Renewal programs within the City of Buffalo, to the Committee on Education, all
matters relating to the Board of Education, school buildings and school
personnel; to the Committee on Civil Service, all matters relating to the
creation and abolishment of officers and employees; to the Committee on Rules,
all matters relating to procedure in the Council and to the office of the City
Clerk.
Any matter referable under this rule to a regular committee shall not be
referred to a special committee.
Rule 4. Organization Meeting.
At the time fixed by Section 29 of the Charter, the Council shall
convene, the President shall take the chair, and after the Roll Call the
following shall be the order of business.
(1) Adoption of Rules of Order.
(2) Appointment of City Clerk.
(3) Appointment of Deputy City Clerk.
(4) Appointment of Assistant Deputy City Clerk
(5) Election of Majority Leader,
(6) Election of Minority Leader.
(7) Election of President Pro Tempore.
(8) Appointment of Council Representative to BURA.
(9) Appointment of Executive Secretary to Council
President.
(10) Appointments - Office of the Council President.
(11) Appointment of Secretary to the Majority.
(12) Appointment of Secretary to the Minority.
(13) Appointments - Council Staff Employees.
(14) Appointment Legislative Assistants to Councilmembers.
(15) Appointment - Legislative Aides to Councilmembers.
(16) Announcement of Regular Committees.
(17) Announcement of Special Committees.
(18) Appointment of Committee Chairmen.
After this item the order of business shall be prescribed in rule 5.
Rule 5. Regular Meeting.
At the time fixed by Rule 1, the Council shall convene, the President
shall take the chair,and the following shall be the order of business:
(1) Roll Call.
(2) Approval of journal of last meeting.
(3) Communications from Mayor.
(4) Communications from the Board of Appointment created by Section 151 of
the Charter.
(5) Other official communications in the following order:
(a) Mayor-Executive Department.
(b) Comptroller.
(e) President of the Council.
(d) Commissioner of Assessment.
(e) Commissioner of Public Works.
(f) Commissioner of Police.
(g) Commissioner of Fire.
(h) Corporation Counsel.
(i) Commissioner of Community Development.
j) Commissioner of Street Sanitation.
(k) Commissioner of Neighborhoods, Housing
and Inspections.
(l) Commissioner of Administration & Finance.
(m) Commissioner of Human Services, Parks and Recreation.
(n) Commissioner of General Services.
(o) Civil Service Commission.
(p) Zoning Board of Appeals.
(q) City Court.
(r) Board of Education.
(s) Buffalo Sewer Authority.
(t) Buffalo Municipal Housing Authority.
(u) Buffalo Urban Renewal Agency.
(v) City Clerk.
(6) Non-Official Communications.
(7) Reports of Regular Committees.
(8) Reports of Special Committees.
(9) Motions, Resolutions and Notices.
(10) Committee of the Whole.
(11) Unfinished Business.
(12) Announcement of committee meetings.
(13) Adjournment.
Rule 6. Special Meetings.
At the time fixed in the notice of a special meeting, the Council
shall convene, the President shall take the chair, and the following shall be
the order of business:
(1) Roll Call.
(2) Reading of notice of meeting and proof of service.
(3) Transaction of business specified in notice.
(4) Adjournment.
Rule 7. Temporary Chairman.
In the absence of the President and the President Pro Tem at any
regular or special meeting, the Council shall elect one of its members acting
president pro tempore to conduct such meeting.
Rule 8. Lack of Quorum.
If a quorum of the members shall not attend any regular or special
meeting, the members present at the meeting shall have the power to direct by a
written order that the absent members be brought before the Council either
forthwith or at the time to which an adjournment may be had, and such order
shall be executed by the sergeant-at-arms, or in his absence, by the City Clerk
or his designee.
Rule 9. Roll Call.
In calling the roll at the opening of the session and upon every
vote the names of the members shall be called in alphabetical order-, and a
roll call of absent members shall be had at the request of any members.
Rule 10. Voting -Tie.
A member being present must vote for or against every proposition
presented, unless excused from voting by a majority vote of the Council. A
request to be excused from voting must be made before the start of the roll
call.
Any member refusing to vote shall be recorded as voting in the
affirmative.
In case of a tie in votes on any question, the question shall be deemed
to be lost.
Rule 11. Presiding Officer Rulings - Appeals.
The presiding officer shall preserve decorum, enforce the rules
of procedure herein prescribed, and determine without debate, subject to the
final decision of the Council on appeal, all questions of procedure and order.
Any member may appeal to the Council from such ruling of the presiding
officer, and if the appeal is duly seconded, the appellant may speak once
solely on the question involved and the presiding officer may explain his
ruling, but no other member shall participate in the discussion. The presiding
officer shall then put the question - "Shall the decision of the chair be
sustained?" If a majority of the members present vote nay, the ruling of the
chair is overruled, otherwise it is sustained.
Rule 12. Presiding Officer Participation In Debate.
The presiding officer shall not participate in the debate of any
matter under consideration by the Council except as follows-. If he desires to
participate in the debate, be shall leave the chair and take the place on the
floor of the President Pro Tempore or of the temporary chairman, and he shall
not resume the chair until the matter under consideration has been acted on by
the Council.
Nothing herein shall be construed to prevent the presiding officer while
in the chair from explaining his ruling on any question or explaining his vote
on the roll call.
Rule 13. Motions to be Seconded.
No motion or resolution shall be put, recorded, or debated until
the same shall be duly seconded.
Rule 14. Order In Debate.
When a member is about to speak, he shall rise from his seat and
address the chair, and when two or more members rise at once, the presiding
officer shall determine the member first to speak. The speaker shall confine
himself to the question under debate and avoid personalities. No member shall
speak upon the subject under discussion more than twice - the first time for no
more than five minutes, and the second time for no more than two minutes.
If any member in speaking or otherwise transgresses the rules, the
presiding officer shall, or any member may, call him to order, in which case he
shall immediately sit down and shall not rise unless to explain or proceed in
order. The question shall be decided by the presiding officer without debate.
Rule 15. Motions During Debate.
When any question is under debate no motion shall be received
except the following and in the order named - (a) to adjourn, (b) a call of the
Council, (c) to lay on the table, (d) the previous question, (e) to postpone to
a certain date, (1) to refer, (g) to amend, (h) to postpone indefinitely. A
point of order, a point of inquiry, or a point of clarification shall be
immediately considered and ruled on at any point during debate.
Rule 16. Motion to Adjourn No Debate.
A motion to adjourn, a motion to lay on the table, or a motion
for a call of the Council shall always be in order, except when a vote is being
taken on any question before the Council, and such motions shall be decided
without debate.
Rule 17. Amendments.
No motion or proposition on a subject different from that under
consideration shall be admitted under cover of an amendment.
Rule 18. Division of Questions.
On the call of any member, a division of any question shall be
made when the question will admit of a division so distinct that one part being
taken away the other will stand as an entire question for decision.
Rule 19. Previous Question.
The previous question shall be put as follows- "Shall the main
question now be put?"and, until it shall be decided, shall preclude all
amendments and debate, if the Council shall decide that the main question shall
not now be put, the main question shall be considered as still remaining under
debate. The main question shall be on the passage of the motion, resolution,
or other matter under consideration: but when amendments are pending, the
questions shall first be taken upon such amendments in the inverse order in
which they are proposed.
Rule 20. No Motion After Roll Call Begun.
After the roll call on any question has been begun, no member
shall speak on the question nor shall any motion be made until after the result
is declared.
Rule 21. Debate Prohibited -Explain Vote.
While the presiding officer is putting any question, or while
the roll is being called, no debate or discussion shall be in order. Any
member desiring to explain his vote must do so before the start of the roll
call, provided, before roll call begins, all members shall have a right to
avail themselves of the provisions of Rule 14.
Rule 22. Reconsideration.
When a question has been once put and decided, any member who
voted with the majority may move for a reconsideration thereof at the meeting
at which the question was decided; the Council may, however, pursuant to
Section ' ) 8 of the Charter, recall any resolution or ordinance prior to the
return thereof by the Mayor and may reconsider its action thereon. A motion
for reconsideration, if lost, shall not be repeated nor shall any question be
reconsidered more than once.
Rule 23. Requirements of Communication from Civic Organizations.
No communication from a civic organization, shall be received,
recorded, or acted upon unless signed by an officer thereof, and which shall
state the total membership of the organization, the number required to
constitute a quorum, the number present at the meeting at which the action was
taken, and the total number of votes for and against such action.
Rule 24. Reading of Communications.
All official communications received by the Council during the
session shall be read in full and the clerk shall briefly state the substance
of all non-official communications so received and shall read the same in full
if so desired by the Council.
Rule 25. Committee Of the Whole.
When the Council shall decide to go in Committee of the Whole,
the presiding officer shall name a chairman to preside therein; the rules and
orders of the Council shall be observed so far as practicable in the Committee
of the Whole, except that the ayes and nays shall not be taken and a motion to
rise and report progress shall always be in order and shall be decided without
debate.
Rule 26. Sergeant-at-Arms.
The sergeant-at-arms, or in his absence, the City Clerk or his
designee shall attend all meetings of the Council and remain in attendance
until the close of the session unless otherwise ordered. He shall obey all
orders of the Council in enforcing order and decorum. He shall execute all
written orders of the Council in bringing in absent members.
Rule 27. Disorderly Behavior.
Any member may call the attention of the Council to disorderly
behavior on the part of any other member; a member thus charged shall be
entitled to be heard in defense. If the Council after such hearing decides to
take notice of his conduct, the member shall withdraw and the Council, during
his absence, decide his guilt or innocence of the charge, and if found guilty,
shall fix the penalty pursuant to Section 3 1 of the Charter.
Rule 28. City Clerk.
Immediately after a session of the Council, the City Clerk shall
present to the several departments and agencies of the City and to the
committees such matters as may have been referred to them. The Clerk shall
record the names of all members absent from any meetings of the Council.
Rule 29. Cushing's Manual.
The rules of parliamentary practice comprised in "Cushing's Manual"
and "Cushing's Law and Practice of Legislative Assemblies" shall govern the
Council in all cases not herein provided for, to which they are applicable.
Rule 30. Amendment, Repeal or Suspension of Rules
Any rule may be amended or repealed by majority vote of all the
members elected to the Council at any regular meetings thereof, provided that
the notice of the proposed amendment or proposition to repeal shall have been
given at the regular meeting of the Council immediately preceding; and any rule
may be suspended for a single session by a unanimous vote of the members
present; provided, however, that the Rule that no business shall be transacted
at a special meeting except that specified in the notice of meeting, shall not
be suspended.
Rule 31. Numbering and Entitling Journal Items.
Each and every item of business appearing in the journal shall
bear a separate and distinct identification number in consecutive order, except
that all claims presented to the Council shall appear under a single item
number. Each item shall be preceded by a brief title, stating the subject
matter of the item, except those items comprising non-official communications,
claims and petitions any of which are not printed in full.
Rule 32. Filing Deadline.
All petitions, resolutions, or communications of whatever kind
or nature, to be submitted to the Common Council, shall be presented to the
City Clerk on or before two o'clock of the afternoon of the Thursday preceding
the meeting at which such petitions, resolutions or communications are to be
considered by the Common Council. However, if said Thursday is a holiday, the
deadline shall be two o'clock of the afternoon of the preceding Wednesday.
Any petition, resolution or communication which was not presented to the
City Clerk in compliance with the deadline slated above, shall not be
considered at said meeting except by unanimous consent of all members present
at said meeting.
Rule 33. Matters to be Referred to Committee.
Any matter coming before the Council which seeks to commit the
Council to a certain policy shall be referred to an appropriate committee
unless otherwise determined by unanimous consent of the Council.
Rule 34. Discharge of Committee from Consideration of a Matter.
Any member of the Common Council desiring to move any item tabled
in committee and to discharge the committee from further consideration thereof,
and to submit the item for the consideration of the Common Council, shall file
notice of his intention so to do with the City Clerk in compliance with Rule
32.
No. 2
Appointment of City Clerk
Mrs. LoTempio placed in nomination the name of Charles L. Michaux
III, for appointment as the City Clerk of Buffalo, effective January 1, 1996.
Seconded by Mr. Czajka.
A vote being taken, each member of the Common Council, as their name was
called, announced their choice.
Charles L. Michaux, III, having received all of the votes cast was declared
duly appointed City Clerk of the city of Buffalo.
No. 3
Appointment of Deputy City Clerk
Mrs. LoTempio placed in nomination the name of Gerald A. Chwalinski,
for appointment as the Deputy City Clerk of Buffalo, effective January 1, 1996.
Seconded by Mr. Quintana.
A vote being taken, each member of the Common Council, as their name was called
announced their choice.
Gerald A. Chwalinski, having received all of the votes cast was declared duly
appointed Deputy City Clerk of the city of Buffalo.
No. 4
Appointment of Assistant Deputy City Clerk
Mrs. Lotempio placed in nomination the name of Kevin Kelley, for
appointment as the Assistant Deputy City Clerk of Buffalo, effective January
1, 1996. Seconded by Mrs. Lockwood.
A vote being taken, each member of the Common Council, as their name was
called, announced their choice.
Kevin Kelley, having received all of the votes cast was declared duly appointed
Assistant Deputy City Clerk of the city of Buffalo.
No.5
Designation of Majority Leader
Mr. Pitts placed in nomination the name of Rosemarie LoTempio,
for Majority Leader of the Common Council, effective January 1, 1996. Seconded
By Mr. Helfer.
A vote being taken, each member of the Common Council, as their name was
called, announced their choice.
Mrs. LoTempio, having received all of the votes cast was declared duly elected
Majority Leader of the Common Council.
No. 6
Designation of Minority Leader
Mr. Pitts placed in nomination the name of Kevin J. Helfer, for
Minority Leader of the Common Council, effective January 1, 1996. Seconded by
Mrs. LoTempio.
A vote being taken, each member of the Common Council, as their name was
called, announced their choice.
Mr. Helfer, having received all of the votes cast was declared duly elected
Minority Leader of the Common Council.
No. 7
Appointment Council Representative To BURA
Mrs. LoTempio placed in nomination the name of Dale Zuchlewski
as Common Council Representative to the Buffalo Urban Renewal Agency. Seconded
by Ms. Kavanaugh.
A vote being taken, each member as their name was called, announced their
choice.
Mr. Zuchlewski, having received all of the votes cast was declared the Council
representative to BURA.
No. 8
Election of President Pro Tempore of the Common Council
Mrs. LoTempio placed in nomination the name of David A. Franczyk,
as President Pro Tempore of the Common Council, effective January 1, 1996.
Seconded By Mr. Brown.
A vote being taken, each member of the Common council as their name was
called, announced their choice.
Mr. Franczyk, having received all of the votes cast was declared the President
Pro Tempore of the Common Council, effective January 1, 1996.
No. 9
Appointments - Office of the Council President
Mrs. LoTempio moved the approval of the appointments in the Office
of the Council President pursuant to Section 27 of the Charter of the City of
Buffalo, to be effective January 1, 1996, of the following:
Sr. Legislative Assistant to Councilmember - Joe D. Davis
Leg. Asst. to Council President Rosetta Walden
Leg. Aide to Councilmember Linda Dyer-Hurdon
Seconded by Mr. Helfer.
ADOPTED.
No. 10
Appointment of Secretary to the Majority
Mrs. LoTempio moved that Kathryn M. Gould,is hereby appointed
as Secretary to the Majority of the Common Council, effective January 1, 1996.
Seconded by Mrs. Williams.
ADOPTED.
No. 11
Appointment of Council Staff Employees
Mrs. LoTempio moved approval of the following appointments to
the Council Staff pursuant to Section 27 of the Charter of the City of Buffalo
to be effective January 2, 1996.
Chief of Staff Michael Williams
Council and Committee Reporter Karmen R. Swan
Legislative Staff Manager - Thomas Tarapacki
Sr. Legislative Assistants to the
Common Council: Mary Lou Hooper
John J. Lynch
Legislative Assistants to the
Common Council: Judith Chrosniak
Donna Davis
William D. Goodman
Kaaren Lynch
Jennifer Fecio McDougall
William Nowak
Ana Salas
Shirley Zeigler
Second by Mrs. Gray.
ADOPTED.
No. 12
Appointments as Legislative Assistants to Councilmembers
Mrs. LoTempio moved approval of the appointments of Legislative
Assistants to Councilmembers pursuant to Section 27 of the Charter of the City
of buffalo to be effective January 2, 1996 of the following:
Brown Rebecca Kelly
Coppola Jeanine Conley Baran
Valaine Perez
Czajka Paul D'Orlando
Christopher Van Vessem
Franczyk Andrew D. Golebiowski
Evelyn J. Juncewicz
Gray Betty J. Grant
Valerie Ruff
Helfer Debora L. Maccagnano
Lauren Rosa
Kavanaugh Milly Castro
Marilyn M. Hartley
Lockwood Mark K. Catanzaro
Barbara A. Lewis
LoTempio Rosemarie LoTempio
Brian A. Gould
Quintana Donna Mohan-Grace
Jose R. Rodriguez
Williams Maria Santana
Zuchlewski Wendy S. Eschborn
Brenda A. Sciortino
Seconded By Mr. Brown
ADOPTED.
No. 13
Announcement of Regular Committee Appointments
I hereby appoint the following Councilmembers to serve on Committees
as shown:
Claims Committee - Bonnie K. Lockwood- Chairman; Williams, Coppola, Helfer,
Franczyk
Civil Service Committee - David J. Czajka- Chairman; Coppola, Helfer, Gray,
Lockwood
Community Development Committee- Dale L. Zuchlewski- Chairman; Williams, Brown,
Helfer, Quintana, LoTempio
Finance Committee - David A. Franczyk- Chairman; Brown, Gray, Lockwood, Helfer,
Zuchlewski
Legislation Committee - Alfred T. Coppola- Chairman; Czajka, Helfer, LoTempio,
Quintana, Kavanaugh
Rules Committee - James W. Pitts- Chairman; Helfer, LoTempio
Education Committee - Barbra A. Kavanaugh- Chairman; Zuchlewski, Helfer, Gray,
Lockwood, Williams
RECEIVED AND FILED.
No. 14
Announcement of Special Committee Appointments
I hereby appoint the following Councilmembers to serve on Committees
as shown:
1. Telecommunications Committee - Pitts Chairman; Gray, Quintana, Coppola,
Helfer
The purpose of the committee is to provide oversight and compliance to
all permits and Franchise agreements with the City of Buffalo involving cable
television and other telecommunications.
2. Budget Committee - LoTempio Chairman; Coppola, Franczyk, Helfer, Brown
The purpose of the Budget Committee is to determine the Common Council's
input and assessment of the Mayor's proposed Budget for fiscal year 1996-1997.
RECEIVED AND FILED.
No. 15
Appointment of Marriage Officers
Pursuant to Chapter 49 of the Laws of New York (1988), passed
April 15, 1988, effective January 1, 1989, which amended the Domestic Relations
law A- 1077 to allow the governing body the right to appoint one or more
Marriage Officers for a period not to exceed four (4) years; who shall have the
authority to solemnize a marriage in the municipality which made the
appointments. Effective January 1, 1996, the following persons be, and hereby
are appointed Marriage Officers for the City of Buffalo, who shall have the
authority to solemnize a marriage within the City of Buffalo, said appointments
to be for terms expiring on December 31, 1999, or at the expiration of their
elected term of office.
Byron Brown
Alfred Coppola
David Czajka
David Franczyk
Beverly Gray
Kevin Helfer
Barbra Kavanaugh
Bonnie Kane Lockwood
Rosemarie LoTempio
James Pitts
Robert Quintana
Barbara Miller-Williams
Dale Zuchlewski
Charles Michaux III
Gerald Chwalinski
Kevin Kelley
ADOPTED.
No. 16
Adjournment
On a motion by Mrs. LoTempio, seconded by Mrs. Lockwood the Council
adjourned at 2:37 PM.
CHARLES L. MICHAUX III
CITY CLERK
MAYOR
Hon. Anthony M. Masiello
COMPTROLLER
Joel A. Giambra
COMMON COUNCIL
PRESIDENT OF THE COUNCIL
James W. Pitts
PRESIDENT PRO TEMPORE
David A. Franczyk
MAJORITY LEADER
Rosemarie LoTempio
COUNCILMEMBERS-AT-LARGE
Beverly Gray
Barbra Kavanaugh
Rosemarie LoTempio
DISTRICT COUNCIL MEMBERS
Alfred T. Coppola Delaware
Barbara Miller-Williams - Ellicott
David A. Franczyk Fillmore
David J. Czajka Lovejoy
Byron Brown Masten
Robert Quintana Niagara
Dale Zuchlewski North
Bonnie K. Lockwood South
Kevin J. Helfer University
REGULAR COMMITTEES
CIVIL SERVICE COMMITTEE
: David J. Czajka, Chairman, Alfred T. Coppola, Kevin J.
Helfer,David Franczyk, Barbara Miller-Williams, Members
CLAIMS COMMITTEE
: Bonnie K. Lockwood, Chairman, Kevin J. Helfer, Alfred T.
Coppola, David Franczyk, Barbara Miller-Williams, Members
COMMUNITY DEVELOPMENT COMMITTEE:
Dale L. Zuchlewski Chairman, Barbara
Miller-Williams, Byron Brown, Kevin J. Helfer, Robert Quintana, Rosemarie
LoTempio Members.
FINANCE COMMITTEE:
David A. Franczyk, Chairman, Byron Brown, Beverly Gray,
Kevin J. Helfer, Bonnie K. Lockwood, Dale Zuchlewski Members.
LEGISLATION COMMITTEE:
Alfred Coppola, Chairman, David J. Czajka, Kevin J.
Helfer, Rosemarie LoTempio, Robert Quintana Barbra Kavanaugh Members
RULES COMMITTEE:
James W. Pitts, Chairman, Kevin J. Helfer, Rosemarie LoTempio,
Members
EDUCATION COMMITTEE:
Barbra A. Kavanaugh Chairman, Dale Zuchlewski, Kevin J.
Helfer, Beverly Gray, Bonnie K. Lockwood, Barbara Miller-Williams Members
SPECIAL COMMITTEES
TELECOMMUNICATIONS COMMITTEE:
James W. Pitts, Chairman, Beverly
Gray, Robert Quintana, Alfred Coppola, Kevin J. Helfer.
BUDGET COMMITTEE:
Rosemarie LoTempio, Chairman, Alfred T. Coppola, David
Franczyk, Kevin J. Helfer, Byron Brown
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; Kevin J. Helfer,
Rosemarie LoTempio.
TASK FORCES
AUDITORIUM AND STADIUM TASK FORCE:
James W. Pitts, Chairman, 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, 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, January 9, 1996
at 2:00 P.M.
PRESENT- James W. Pitts President of the Council, and Council
Members Brown, Coppola, Czajka, Franczyk, Gray, Helfer, Kavanaugh, Lockwood,
LoTempio, Pitts, Quintana, Williams and Zuchlewski- 13.
ABSENT- None.
On a motion by Mrs. LoTempio, seconded by Mr. Czajka, the minutes of the stated
meeting held on December 26, 1995 , and the Reorganization Meeting on January
2, 1996 were approved
.
FROM THE MAYOR
No. 1
Certificate of Appointment
Appointment to become effective January 1, 1996 in the Department
of Mayor, Peter J. Savage 207 W. Ferry St. Buffalo, N.Y. 14213 to the position
of Special Assistant to the Mayor III Permanent Exempt, at the starting salary
of $45,000.
RECEIVED AND FILED.
FROM THE ENVIRONMENTAL MANAGEMENT COMMISSION
No. 2
Marilla Street Landfill Reclassification
No. 65, CCP, Nov. 28, 1995
With regard to the Common Council referral as to the reclassification
of the Republic Steel (LTV) Marilla Street Landfill (Site #915047) to a Class 2
- site poses a significant threat to the public health and environment - action
required, please be advised that the Environmental Management Commission
considers appropriate contaminant management by responsible parties at this
site crucial. It is asking appropriate entities to keep it fully advised in
review of any site remedial plans as well as any other future developments at
this site.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 3
Concerns-Hazardous Waste Site
Vibratech, Inc. -537 E. Delavan
No. 64, CCP, NOV 28, 1995
With regard to the Common Council referral as to the addition
of Vibratech, Inc. (537 E. Delevan), to the New York State Department of
Environmental Conservation's Registry of Inactive Hazardous Waste Disposal
Sites as a Class 3 - site does not pose a significant threat to the environment
or public health - action may be deferred, please be advised that the
Environmental Management Commission is concerned regarding the Class 3
designation. NYSDEC testing results show the presence of contaminated solvents
leaching into the groundwater, exceeding groundwater standards. The Commission
believes that this is a potentially unsafe situation that may put human and
environmental health at risk. The Commission will be seeking more information
from the New York Department of Environmental Conservation in this matter.
REFERRED TO THE COMMITTEE ON FINANCE.
FROM THE COMPTROLLER
No. 4
Performance Audit
Division of Treasury
In response to the directive requiring the Comptroller to file
audit reports with the Common Council, I hereby submit copies of the Division
of Treasury Audit Report for the period July 1, 1994 to December 31, 1994.
REFERRED TO THE COMMITTEE ON FINANCE, THE COMMISSIONER OF ADMINISTRATION AND
FINANCE AND THE COMMISSIONER OF POLICE.
No. 5
Certificate of Necessity
Increased Appropriation
Appropriation Allotments - Board of Education
We, Anthony M. Masiello, Mayor and Joel A. Giambra, Comptroller,
do hereby certify pursuant to Section 41 of the Charter, that an increase in
the sum of $13,264,374.45 in the estimates for the fiscal year beginning July
1, 1995 is necessary in Appropriation Allotments - Board of Education, to meet
a contingency which could not have been reasonably foreseen when the budget was
adopted. The amount of increased appropriation will be met from increases in
the revenue accounts and from the Buffalo City School District's general fund
balance as listed below, not otherwise appropriated for any other purpose. The
detail of the requirements are set forth below:
RECEIVED AND FILED.
No. 6
Interfund Loan
Over the last six years, the City has provided interfund loans
from the City General Fund to The City, Board and Enterprise Capital Projects
Funds to implement financing of the Capital Improvements Budget. The interfund
loans are repaid when the Bond Anticipation Notes or Bonds are issued to
finance these projects.
As of today, we have two requests for money to finance, projects and we
will not reenter the bond market at this time.
We are requesting that you approve interfund cash loans from the General
Fund to the City's Capital Projects Fund in the amount of $500,000 for
Neighborhood Redevelopment Site Prep and $100,000 for Reconstruction of
Bridges, Viaducts. The loans will be repaid when Bond Anticipation Notes or
Bonds are issued.
From To Account Repayment Date Total
100 Gen 200 Cap Proj 200-241-003 BAN/Bond Sale $500,000
100 Gen 200 Cap Proj 200-401-029 BAN/Bond Sale $100,000
REFERRED TO THE COMMITTEE ON FINANCE.
No. 7
Result of Negotiations
Sale - Portion of 92 Hopkins Street
Vacant Land: 331 x 711.45'
Assessed Valuation: N/A
The Comptroller's Office, Division of Real Estate, has received
a request from Mr. Raymond Rozanski, Executive Vice President, Niagara Cold
Drawn Corporation, 110 Hopkins Street, P.O. Box 339, Buffalo, New York 14240,
to acquire a portion of the above captioned property.
Niagara Cold Drawn Corporation is currently in the process of expanding
its current facilities on Hopkins Street for the installation of new plant
equipment. They will need a portion of 92 Hopkins to accommodate the
expansion.
Niagara Cold Drawn Corporation is proposing to acquire 92 Hopkins Street
which is a 331 x 711.451 vacant lot for Three Thousand Seven Hundred Dollars
($3,700). Niagara Cold Draw will provide a fifteen foot (151) permanent
easement to the City for ingress and egress to 90 Hopkins Street, acquired by
the City through In Rem Tax Foreclosure, formerly known as the Sloan Auto Parts
property.
An independent appraisal of the property was conducted by Howard P.
Schultz, 288 Linwood Avenue, Buffalo, New York 14209. He has estimated the
value of the property to be Three Thousand Seven Hundred Dollars ($3,700). The
estimated value of the area without easement is $.20 a square foot and the
estimated value of the land area with ingress and egress was valued at $.10 per
square foot. The Division of Real Estate concurs with the appraisers estimates
of value.
The results of our negotiations are that Niagara Cold Drawn Corporation
has agreed and is prepared to pay $3,700 for the above mentioned property, and
provide the City of Buffalo with a 151 permanent easement. They have also
agreed to pay for the cost of the appraisal, transfer tax, recording fees and
cost of the legal description.
I am recommending that Your Honorable Body approve the sale of 92 Hopkins
Street to Niagara Cold Drawn Corporation and approve the acceptance of the 151
easement by Niagara Cold Drawn Corporation to the City for ingress and egress
to 90 Hopkins Street. I am further recommending that Corporation Counsel
prepare the necessary documents for the transfer of title and that the Mayor be
authorized to execute same.
Mrs. LoTempio moved:
That the communication from the Comptroller, dated January 4, 1996, be
received and filed; and
That the offer of Mr. Raymond Rozanski, Executive Vice President, Niagara
Cold Drawn Corporation, 110 Hopkins Street, P.O. Box 339, in the sum of $3,700.
00 (Three Thousand and Seven Hundred Dollars) to purchase the property
described as 92 Hopkins Street, be and hereby is accepted; and
That the appraisal requested by the City of Buffalo shall be paid by the
purchaser; and
That the transfer tax, recording fees and cost of legal description shall
be paid by the purchaser.
That the Corporation Counsel shall prepare the necessary documents for
the transfer of title and that the Mayor be authorized to execute the same, in
accordance with the terms of sale upon which the bid was submitted.
PASSED.
AYES- 13 NOES- 0.
No. 8
Checks Received by Police Department
Item #33, C.C.P. December 26, 1995
An internal audit covering the period of 7-1-91 through 6-3-94
was completed and filed with the Common Council in November 1994.
The audit addressed the checks received by the Buffalo Police Department
which have been administratively forfeited by the Drug Enforcement
Administration (DEA) and, subsequently deposited in the Trust & Agency Account,
610-200-217-00-300.
As part of the Audit recommendations to the BPD regarding these checks
was the employment of an outside accounting firm.
Currently, this aspect of the BPD is not scheduled for another internal
audit. However, an audit can be scheduled at the direction of the Common
Council.
REFERRED TO THE COMMITTEE ON FINANCE.
FROM THE PRESIDENT OF THE COUNCIL
No. 9
Appoint Members- Buffalo Arts Commission
I am appointing the following individuals to the Buffalo Arts
Commission:
Fenton Moore Celeste Lawson
24 Whitney Place 509 Linwood Avenue
Buffalo, New York 14204 Buffalo, New York 14209
and re-appointed:
Judith G. Wolf James Pappas
38 Harbour Pointe Common 108 Depew Street
Buffalo, New York 14202 Buffalo, New York 14214
Thomas Rocco
38 Parks Street
Buffalo, New York 14201
Each of the appointees are professionals in the arts and extremely active
in Buffalo's rich cultural tradition.
Mrs. LoTempio moved:
That the communication from the Council President, dated January 8, 1996,
be received and filed; and
That the appointment of members to the Buffalo Arts Commission of Fenton
Moore, 24 Whitney Place, Celeste Lawson and the reappointment of Judith G.
Wolf, 38 Harbour Pointe Common, James Pappas, 108 Depew Street and Thomas
Rocco, 38 Parks Street, be and hereby are confirmed.
ADOPTED.
FROM THE COMMISSIONER OF PUBLIC WORKS
No. 10
Display Kiosk
Northwest Corner of
Illinois and South Park Avenue
In response to your letter dated September 13, 1995 requesting
the northwest corner of Illinois Street and South Park Avenue be reserved for a
display kiosk, please be advised that the following information is requested:
1. Is the kiosk proposed to be in or out of the right-of-way?
2. What are the dimensions of the kiosk including the depth of the footer?
3. Will the kiosk require utilities (electric, gas, water, etc.)?
REFERRED TO THE AUDITORIUM AND STADIUM TASK FORCE, AND THE LANDMARK
PRESERVATION BOARD.
No. 11
Change in Contract
Ken-Bailey Recreation Center
2777 Bailey Avenue
I hereby submit to Your Honorable Body the following changes for
the KenBailey Recreation Center, Nichter Construction Co., Inc. - C-91820500.
1. Provide winter protection and temporary heat to continue working
throughout the winter for project completion on August 31, 1996. Add
$87,853.00
The contractors were delayed two (2) months in gaining access to the site
to begin work due to a delay in property acquisition. If work had begun in
July as anticipated, the facility would have been enclosed for winter and
completed on time. If the project is shut down for the winter, completion will
be delayed until November 24, 1996 and the City will be faced with a cost of
$62,390.00 for 122 extra days due to the original delay.
The foregoing changes result in a net increase in the contract of Eighty
Seven Thousand Eight Hundred Fifty Three and 00/100 Dollars ($87,853.00).
Summary: Original Amount of Contract $3,151,000.00
Amount of This Change (No. 1) Add 87,853.00
Revised Amount of Contract $3,238,853.00
These changes 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 200-402-022 - 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.
Mrs. LoTempio moved:
That the communication from the Department of Public Works, dated
December 29, 1995, be received and filed; and
That the Commissioner of Public Works be, and he hereby is, authorized to
issue change order #1 to Nichter Construction Co., Inc., changes resulting in a
net increase in the amount of $87,853.00, as more fully described in the above
communication, for work relating to the Kensington Bailey Recreation Center,
C-91820500. Funds to be charged to the B/F 200-402-022 Division of Buildings.
PASSED.
AYES- 13 NOES- 0.
No. 12
Report of Bids
Hatch Cover Rehabilitation - Phase 2
Contract No. 32
As authorized by your Honorable Body in CCP 39 of June 23, 1987,
plans and specifications were prepared and sealed proposals accepted for Hatch
Cover Rehabilitation, Phase 2, Contract No. 32.
I submit the following report of all bids received which were opened in
my office at 11:00 a.m. on Monday, December 18, 1995:
Kandey Company, Inc.
19 Ransier Drive
West Seneca, New York 14224 $192,970.00
Emark Marine Services
3566 S. Benzing Road
Orchard Park, New York 14127 $228,540.00
Flo-Kleen Services
5976 Ide Road
Newfane, New York 14108 $231,628.46
Amherst Construction, Inc.
150 Milton Street
Williamsville, New York 14221 $234,500.00
John W. Danforth Company
1940 Fillmore Avenue
Buffalo, New York 14214-2992 $239,700.00
Paragon Northeast Corp.
775 Main Street, Suite 230
Buffalo, New York 14203 $269,170.00
C & A Painting Contractors
28 Garden Avenue
West Seneca, New York 14224 $284,000.00
Midland Empire Construction
113 Leslie Street
Buffalo, New York 14211 $300,100.00
I hereby certify that the foregoing is a true and correct statement of
all bids received and that Kandey Company, Inc., 19 Ransier Drive, West Seneca,
New York is the lowest responsible bidder complying with the specifications for
Hatch Cover Rehabilitation, Phase 2, Contract No. 32 with their bid of
$192,970.00.
I respectfully request that your Honorable Body authorize the
Commissioner of Public Works to enter into a contract with Kandey Company, Inc.
for Hatch Cover Rehabilitation, Phase 2, Contract No. 32, the cost thereof to
be charged to the Division of Water's Capital Projects Account,
416-983-013-00-000 in the amount of $192,970.00 plus $19,297.00 for approved
unit prices for a total encumbrance of $212,267.00. The engineer's estimate
for this work was $270,000.00.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 13
Report of Bids For the Michigan Avenue
Bridge over Exchange Street and Conrail
Emergency Red Flag Repairs.
Item No. 21, C.C.P. 10/31/95
As authorized and directed by your Honorable Body in Item No.
21, C.C.P. 10/31/95, I have received bids on December 22, 1995 for the
Emergency Repairs of the Michigan Avenue Bridge over Exchange Street and
Conrail.
In obtaining bids for the above project, I have asked for bids on a unit
price basis covering the various items of work and materials which will be
performed. The final cost of the work will be based on the actual measured
quantities of material entering into the work and may be more or less than the
total bid.
The following bids were received:
Contractor Base Bid
Gateway Welding Services, Inc. $137,500.00 (Low)
Contour Erection $151,500.00
Nichter Associates $153,000.00
Contractors Welding of W.N.Y. No Bid
Erie Interstate Contracting No Bid
I hereby certify that the lowest responsible bidder for the above project
is Gateway Welding Inc., and I hereby notify your Honorable Body that I have
ordered the work and the cost thereof to be charged to the Division of
Engineering Bond Fund 200-401-023 in and amount of $137,500.00, plus approved
unit prices for an additional amount of $13,750.00 for a total encumbrance of
$151,250.00.
The engineers estimate for this work is $150,000.00. The above is
certified to be a true and correct statement of the bids received.
This resolution is for informational purposes only.
Mrs. LoTempio moved:
That the communication from the Department of Public Works, dated
December 26, 1995, be received and filed; and
That the Commissioner of Public Works be, and he hereby is, authorized to
award a contract for the Emergency Repairs of the Michigan Avenue Bridge over
Exchange Street and Conrail to Gateway Welding Inc., the lowest responsible
bidder in the amount of $137,500.00 plus approved unit prices for an additional
amount of $13,750.00 for a total encumbrance of $151,250.00- with said cost to
be charged against the Division of Engineering Bond Fund 200-401-023.
PASSED.
AYES- 13 NOES- 0.
No. 14
Extension of Bridge Consultant Contract
Item No. 27; C.C.P. 01/25/94
I hereby request permission of Your Honorable Body to extend the
existing contract with the consulting firm of T.V.G.&A. to complete emergency
bridge work that has been started. It is difficult to estimate the exact
amount of funds needed, but we do not expect it to exceed $30,000.00 The
original contract was for $100,000.00. This additional work should take no
longer than two (2) months and funds are available in the Division of
Engineering, Account No. 200-401-023.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 15
M. Vullo - Oppose Rezoning 38-68 Hinman
Item No. 74, C.C.P. 12/26/95
The above captioned rezoning petition was referred to the Department
of Public Works for comment. However, there are no specifics concerning the
size of the restaurant or the proposed added traffic so that a determination
can be made about said added traffic. Therefore, the Department of Public
Works does not have any recommendation to offer concerning this application for
rezoning,
If you feel it necessary, said developer should be required to perform a
traffic study which would then be reviewed by the Department of public Works
for impact on traffic and/or noise.
REFERRED TO THE COMMITTEE ON LEGISLATION AND THE COMMISSIONER OF PUBLIC WORKS.
No. 16
Lakefront Boulevard
Extension/Lakefront Commons
In 1985, a private developer (reputed owner John Chew) requested
the City of Buffalo to extend Lakefront Boulevard to a land-locked parcel,
which he was to develop as Lakefront Commons. The City of Buffalo built the
extension of Lakefront Boulevard to the property line of the proposed
development, from which point the developer was to construct a road according
to City of Buffalo specifications.
On October 8, 1986 the subdivision plat was filed for record in the
Office of the County Clerk of Erie County, at which time this became a
dedicated street with a 601 right-of-way and a cul-de-sac with a 120'
right-of-way.
This first developer did not complete the proposed development and
apparently sold his interest to a second developer (reputed owner Jim Decker).
The second developer also did not complete the project and we understand he
sold it to yet a third developer and the street is still not completed to City
of Buffalo specifications.
New road developments in the City are to be built according to City
specifications. The City monitors construction and officially accepts the
street when it is completed, if it meets all City of Buffalo specifications.
Upon acceptance, the City assumes ownership and maintenance responsibility.
The City has never officially accepted this street as it was never
completed to specifications. The Department of Public Works has had numerous
requests from abutting property owners on this section of Lakefront Boulevard
to complete this street, however, we understand that legally we are precluded
from accomplishing this, in accordance with Article VII, Section 7.6,
Acceptance of Required Improvements by the City, Chapter LXXI, Subdivision
Control Ordinance.
The estimate to complete this street according to original design and
City of Buffalo specifications is $125,000.00.
REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CORPORATION COUNSEL.
No. 17
Certificate of Appointment
Appointment to become effective January 2, 1996, in the Department
of Public Works Division of Water Michael R. Canfield 811 St. Lawrence Avenue
Buffalo, 14216 to the position of Caulker Supervisor I, Provisional, at the
intermediate starting salary of $28,538.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
FROM THE COMMISSIONER OF POLICE
No. 18
Permission for Mayor To Execute the 1995-1996 Drug Interdiction /Points of
Entry Program With DCJS and the NFTA (Police Dept) As Sub-Grantee
Item #49, C.C.P. 03/08/94
Our Department is respectfully requesting authorization for the
Mayor to execute the renewal agreement (see attached) between the City of
Buffalo, with the NFTA Police Department as sub-grantee, and the New York State
Department of Criminal Justice Services for the period 04-14-95 through
04-14-96.
Under this Agreement, the State will provide $59,063 to the NFTA Police
Department through a subcontract with the City of Buffalo. Since federal
statutes and regulations prohibit the direct transfer of grant monies to any
agency that is not a "taxing entity, 11 the City of Buffalo acts as a conduit
agency to receive funds earmarked for the NFTA Police Department. In turn, the
City will make a payment directly to the NFTA Police Department, through their
entry into a sub-contract with the NFTA, enabling the transfer of these funds.
The enclosed contract is a companion to an earlier approved agreement by
your Honorable Body on January 10, 1995 which was the renewal agreement between
the City of Buffalo Police Department and the Department of Criminal Justice
Services (for our own 1994-1995 contract) . The enclosed and the earlier
approved renewal contract fulfill the requirement by the State inasmuch as this
is a joint venture between four (4) other participating agencies, two (2) of
which are the NFTA (Police) and the City of Buffalo Police Department.
If your Honorable Body requires further information, please do not
hesitate to contact Report Technician Maureen Oakley of our Grants Section at
extension 4475.
Mrs. LoTempio moved:
That the communication from the Police Department, dated December 26,
1995, be received and filed; and
That the Mayor be, and he hereby is, authorized to execute the renewal
agreement between the City, with the NFTA Police Department as sub-grantee, and
the New York State Department of Criminal Justice Services for the period of
4/14/95 through 4/14/96 for the 1995-96 Drug interdiction/Points of Entry
Program in the amount of $59,063.
PASSED.
AYES- 13 NOES- 0.
No. 19
Purchase of Hovercraft For URT
Team Waiving of Formal Bidding
Item No. 69, CCP, 6/27/95
As you are aware, the City of Buffalo (Police Department) has
been awarded a special state discretionary grant in the amount of $29,000.00 to
purchase a Hovercraft to assist with rescue efforts by the Department's
Underwater Recovery Team.
We were advised by Albany not to purchase this vehicle until we had a
fully executed contract which was sent to us on December 7, 1995. At that
point, we initiated a purchase order (#11427990) to comply with the regular
purchase process. In following through with this process, the Department
secured three (3) bids for this type of specialized vehicle. Two of the three
vendors did not fully meet the specifications as are required for this type of
ice/water rescue, and the Department indicated to Purchase a "preferred vendor"
sending all three quotes and specifications concerning same. The "preferred"
vendor, Hovertechnics, meets the specifications as required by the Underwater
Recovery Team and in addition, is giving the city more for their money (the
actual vehicle we would purchase is a $35,000 vehicle which we can purchase for
$29,000). The other two vendors have come in less than the $29,000 for
specifications that do not meet what is required (i.e., 160 horsepower engine,
dual fans, etc.); and if we were to require these items,, the prices would
exceed what was originally quoted and per telephone conversations with vendors,
would exceed the $29,000 figure. The vendor that the Department wishes to
purchase the vehicle from will be raising its prices after December 29th for
the new year. When trying to follow the City's regular purchase process, we
found out that the formal process takes well over a month and presently, we do
not have that time frame. In addition to the price being raised after December
29th, we have also been advised by Albany that discretionary funds can be
pulled and that we should forge ahead as quickly as possible to spend this
money while we have a fully executed contract. Otherwise, when the State
Legislature reconvenes in January, there could be some jeopardy with
discretionary funds, of which this $29,000 is part of. The Law Department,
Purchase, Audit and the Department's Grants Section had a meeting on December
27, 1995 (also attending was the Commander of the URT Team) to try and secure
the best solution for the purchase of this vehicle. As a result, we are
respectfully requesting that your Honorable Body authorize waiving the formal
bidding procedures and allow us permission to accept the three quotes that we
have already secured to fulfill the bidding requirements. In addition, we are
asking to go with the vendor who has quoted the $29,000 (second lowest bid) in
order to purchase the vehicle that gives the City the most for the money as
well as allowing us to secure the maximum grant award allowed.
Presently the Underwater Recovery Team does not have the proper equipment
for ice/water rescues and we are dependent on the coast Guard (if they are
available and if their boats are not "iced"). According to the URT Commander,
the Sheriff Is Department boats are now all in storage. If an ice/water rescue
is necessary, the Coast Guard is contacted and will hopefully respond, as is
the Fire Department. The safety of the public is at risk, especially now that
the weather becomes colder and increases the potential for the "icing" of the
Coast Guard's vehicles. The Hovercraft we are purchasing can go over ice '
rocks, and get into places they are presently difficult for boats to maneuver
into.
Because of the special nature of this type of equipment and most
importantly, because of the time constraints we are facing, we again are asking
your Honorable Body for your assistance in helping us to purchase the
Hovercraft by waiving the formal bidding procedures.
If you require additional information, please contact Report Technician
Maureen Oakley of our Grants Section and Detective William Yeates, Commander of
our Underwater Recovery Team. Both can be reached at extension 4475. In
addition, Kathleen Fitzpatrick from Purchase, Charles McSwain from Audit and
Michael Risman from the Law Department would also be available to advise you
that as a result of our meeting on December 27, 1995, they concur with this
procedure for the purchase of the Hovertechnics Hovercraft.
Thank you for your immediate attention to this matter.
Mrs. LoTempio moved:
That the communication from the Police Department, dated December 27,
1995, be received and filed; and
That the Commissioner of Police be, and he hereby is, authorized to
accept a special state discretionary grant in the amount of $29,000 for the
purchase of a Hovercraft for the Department's Underwater Recovery Team; and
that due to the emergency nature of this grant, the formal bidding be waived
for this purchase.
PASSED.
AYES- BROWN, COPPOLA, CZAJKA, FRANCZYK, GRAY, HELFER, KAVANAUGH, LOCKWOOD,
LOTEMPIO, PITTS, QUINTANA, WILLIAMS-12.
NOES- ZUCHLEWSKI- 1.
No. 20
Gang Unit in Police Dept.
Item #176, December 12, 1995 CCP
It is the position of the department that a gang unit be established.
Officers have been sent to a training seminar on identifying and dealing with
gangs. In addition, the responsibility for juvenile problems, which had been
assigned to one detective, has been transferred to Police Community Services.
Three current initiatives are being reviewed to develop this component.
(1) Members of the County Legislature solicited me for recommendations on
needs of the department that would benefit city and suburban residents alike.
The funding of a gang unit was my highest priority since gangs do not limit
their activities to the city alone and suburban residents enter gang territory
in the city to purchase drugs. The county has not replied to my request.
(2) The state is converting its aid-to-law-enforcement grant from providing
salary/benefits for detectives to follow-up complaints to violent youth
initiatives. We are awaiting the outline from DCJS under which this grant will
operate.
(3) The budget process in the department's annual request is being considered
for this project.
REFERRED TO THE COMMITTEE ON FINANCE.
FROM THE CORPORATION COUNSEL
No. 21
Purchase of Hovercraft for URT Team
Waive Formal Bidding
This is in response to your request for an opinion concerning
whether formal bidding requirements may be waived for the purchase of a
hovercraft to be used by the Buffalo Police Department Underwater Recovery
Team.
Section 103 of the General Municipal Law generally requires public
bidding of purchase contracts. However, Subdivision "4" of Section 103
provides an exception for a public emergency where circumstances affecting the
life, health, safety or property of the inhabitants of a municipality require
immediate action which cannot await competitive bidding. The Law Department
has met with representatives of the Buffalo Police Department, Purchase
Department and the Department of Audit and Control. In addition, the Law
Department has reviewed the communication filed with the Common Council by the
Police Department dated December 27, 1995.
The Police Department reports that the grant money may no longer be
available after January 1, 1996 and that the vehicle is needed to protect the
safety of citizens in ice/water rescues. Based upon the foregoing, the Law
Department believes that formal competitive bidding requirements may be waived
and that the Common Council may authorize the purchase of the hovercraft as
proposed by the Buffalo Police Department.
RECEIVED AND FILED.
No. 22
Dumpster Fines and Penalties
Item No. 24, C.C.P., 11/28/95
You have requested a response from the Department of Law regarding
a request from the Department of Public Works for an ordinance amendment to
provide for fines and punitive measures to be taken for improper handling of
dumpsters within the City of Buffalo. The Department of Law has no objection to
such an ordinance amendment and will work with the Common Council and the
Department of Public Works in crafting such ordinance amendment.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 23
Taxi Service Rates
Item No. 68, C.C.P., 11/28/95
You have requested a response from the Law Department regarding
a request from licensed City of Buffalo taxicab operators to increase the rates
charged to the general public for taxicab service 'm the City of Buffalo (the
"Rates").
The last rate changed was approved by the Common Council in 1990 pursuant
to Item No. 227, C.C.P., 10/30/90. It is within the powers of the Common
Council to increase the rates. However, though not required, it is recommended
that a public hearing be held if the Common Council does consider changing the
rates.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 24
CID Contract Renewal
Item No. 30, C.C.P., 12/26/95
Opinion No. 96-2
You have requested an opinion from the Law Department regarding
the Common Council's action to solicit Request for Proposals for a new
Recycling contract for the City of Buffalo ("RFP") while also negotiating an
extension of the existing contract with CID Refuse Service, Inc. ("CID"). The
Common Council, pursuant to Item No. 29, C.C.P., 11/28/95, authorized the
Commissioner of Public Works "to engage a consultant to prepare a request for
recycling for Buffalo and to advertise for and receive such proposal at a cost
not to exceed] $10,000.00" and ordered the Commissioner to work with the
Environmental Management Commissioner Recycling Task Force in developing the
RFP. A question has arisen whether this action, coupled with possible renewal
of the CID contract, opens up the City to a potential cause of action by other
potential contractors if the CID contract is renewed while the RFP process is
under-way.
Under the original contract between the City and Integrated Waste
Services, Inc. ("IWS"), Article 7 provided that the City retained an option to
renew the contract for one additional term of five years. Article 15 also
provided that, in order to accommodate the complexity and unprecedented nature
of that contract and consider unanticipated matters that may arise during the
term of the contract, the parties agreed to consider such additions and
modifications to the contract as may be appropriate from time to time in order
that the purposes and benefits of the contract were more fully achieved.
IWS assigned the contract to CID, and, pursuant to Item No. 81, C.C.P.,
1/10/95, the City agreed to the assignment. Amendments to this present
contract contemplated future negotiations with the City. The current ongoing
negotiations with CID fall within the same expectation that negotiations would
take place before the contract was renewed.
The Attorney General, interpreting General Municipal Law ("GML") section
103(i), has opined that section allows a municipality to renew a public works
contract only if the original contract provides for such a renewal. 1974 Op.
Att'y Gen. (Inf) 308, 309 (Nov. 21). The State Comptroller similarly found
that, absent a provision in the agreement to extend its terms, an expired
public works contract cannot be extended by mutual consent of the parties and
an extension in that case is subject to competitive bidding. Op. State Compt.
79-297 (1979). The City's contract with IWS gave the City the absolute right to
renew the contract. At that time, the City may negotiate to reach new terms
that are beneficial to the City. In connection with solid waste
management-resource recovery contracts, the GML asserts that the municipality
has the option to re-bid the contract as it was done originally, or it may seek
RFP's. GML 120-w(4)(e). The action to seek RFPs is separate from the
renewal of the contract.
The Common Council's decision to seek RFPs while renewing the existing
agreement does not represent any kind of cause of action against the City. The
City is free to renew the contract with CID through negotiations to find terms
that are beneficial to the City. At the same time or at an undetermined future
date, the City may also seek RFPs in contemplation of a future contract with
another party. Initiating the RFP Process does not waive the City's right
under the CID contract to renew that agreement, nor does mere initiating that
process create rights for potential bidders. There is no prohibition in the
General Municipal Law against the practice of renewing an existing agreement
while seeking RFPs on the same subject area.
RECEIVED AND FILED.
FROM THE COMMISSIONER OF COMMUNITY DEVELOPMENT
No. 25
Appointment Director of Development
Pursuant to the power vested in me, I hereby appoint David K.
Sengbusch, residing at 79 Red Jacket Parkway, Buffalo, New York, 14220, to the
position of Director of Development, effective January 1, 1996.
As Manager of Real Estate since May 1984, Mr. Sengbusch successfully
directed both acquisition and disposition of BURA owned property, working in a
capacity that sometime needed his expertise as a director. Mr. Sengbusch also
held the title of Real Estate Specialist.
I hereby certify that Mr. Sengbusch has qualifications acceptable to me
to fill the position of Director of Development. Mr. Sengbusch starting salary
will be $52,829.
RECEIVED AND FILED.
No. 26
South Ellicott Phase 2 Renewal Plan
Request to Abandon Portion of Chicago Street
The Department of Community Development, pursuant to the South
Ellicott Phase 2 Urban Renewal Plan, is requesting that a portion of Chicago
Street, on the south side of Exchange Street, be formally abandoned (see
attached map for site location). The closing of the street has been an
integral component of the South Ellicott Plan.
The objective of the South Ellicott Urban Renewal Plan is to develop and
stabilize the area by using portions of vacant land and other undeveloped lots
and creating new development sites and opportunities. The Planning Board, at
its meeting of December 5, 1995; approved the closing and abandonment. Your
approval of the abandonment would assist in expediting future development.
REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT AND THE CORPORATION COUNSEL.
No. 27
Funding Transfer Historic Renovation Allendale Theater
In regard to the subject project permission is being requested
from Your Honorable Body for approval of a funding transfer in the form CDBG
funds in an amount not to exceed $60,000.00. These funds have been allocated in
the 21st year CDBG budget by Councilmembers Bell, Czajka, Lockwood, LoTempio
and Pitts.
Construction at the site has begun and these funds are necessary to
encumber the plumbing construction contract.
The necessary transfer approval should be designated as follows:
From: 21 Year CDBG Account #96-50200
To: Capital Project Account #200-717-041
Mrs. LoTempio moved:
That the communication from the Department of Community Development,
dated December 20, 1995, be received and filed; and
That the Commissioner of Community Development be, and he hereby is
authorized to transfer CDBG funds in an amount not to exceed $60,000.00 as
follows:
From: 21 year CDBG Account #96-50200
To: Capital Project Account #200-717-041
PASSED.
AYES- BROWN, CZAJKA, FRANCZYK, GRAY, HELFER, KAVANAUGH, LOCKWOOD, LOTEMPIO,
PITTS, QUINTANA, WILLIAMS, ZUCHLEWSKI- 12.
NOES- COPPOLA- 1.
FROM THE COMMISSIONER OF NEIGHBORHOODS, HOUSING AND INSPECTION
No. 28
Monthly Report-Licenses Issued November 1995
I am respectfully submitting the enclosed report of licenses issued
in the month of November 1995 by the Division of Housing &
Inspections/Licenses.
RECEIVED AND FILED.
No. 29
LDA-Hickory Woods New Housing Project
Burke Brothers Construction Co., Inc.
The City of Buffalo Urban Renewal Agency duly designated Burke
Brothers Construction Co., Inc. and/or a joint venture, partnership,
corporation or other legal entity to be formed as the qualified and eligible
Redeveloper for the subject project.
Please be advised that in accordance with the provision of Article 15A of
the General Municipal Law, it is now necessary for Your Honorable Body to set a
date for a public hearing, and to direct the publication of a notice of said
hearing. In the interest of time and anticipating that Your Honorable Body is
willing to expedite this matter, I have taken the liberty to prepare a
Resolution together with a Notice of Public Hearing for your action.
Forwarded herewith are the following documents:
1. Resolution setting Public Hearing
2. Notice of Public Hearing
3. Resolution approving proposed Land Disposition
Agreement
4. Proposed Land Disposition Agreement
After the Public Hearing is held, your Honorable Body may adopt a
resolution authorizing the disposition of the land to the Redeveloper, which
the Agency has designated as being qualified and eligible.
REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT.
No. 30
Request to Rescind the Demolition
526-28 Genesee Street
CCP Item #68 dated 12/27/94
Our department is requesting your Honorable Body to rescind your
approval of CCP Item #68 dated 12/27/94 for the demolition of 526-28 Genesee
Street in the amount of $9,346.00 that was charged to the Special Assessment
Fund #500-000-002-00000.
Block Grant Funds will be used to cover the cost of demolishing this
property.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 31
Transfer of Title, Urban Homestead Program
306 Rother Street (Lot Size-30'x 99')
The Department of Neighborhoods, Housing & Inspections has surveyed
the city-owned lot at 306 Rother Street the lot is 30' x 99' in dimension; and
it has been determined that the parcel of land is inappropriate for either
construction of new housing or the construction of public recreation
facilities.
Ms. Angela Gayles, residing at 302 Rother Street indicated that she will
clean, improve and maintain the lot in the event that she obtains title to the
property under the Urban Homestead Program.
Letters were sent to all other adjacent property owners, offering the
property and giving them ample time to express interest in obtaining 306 Rother
Street under the Urban Homestead Program. We have since received no responses.
We, therefore, recommend that the city-owned vacant lot be designated as
a Homestead Property and be transferred to Ms. Angela Gayles on the condition
that the property is cleared and improved within six (6) months and is
maintained in a sanitary manner.
Mrs. LoTempio moved:
That the communication from the Department of Neighborhoods, Housing and
Inspections, dated January 3, 1996, be received and filed; and
That the City-owned property commonly known as 306 Rother Street- be
designated as Homestead Property, and that the Mayor be authorized to transfer
said property to Ms. Angela Gayles, residing at 3 02 Rother Street, for the
amount of $ 1. 00 (One Dollar) and all costs of transfer, on the condition the
property is cleared and improved within six (6) months and the property is
maintained in a sanitary manner for at least thirty-six (36) months and that
the Corporation Counsel prepare the necessary documents for the transfer of
title and that the Mayor be authorized to execute the same.
PASSED.
AYES- 13 NOES- 0.
No. 32
Transfer of Title, Urban Homestead Program
231 Strauss Street (Lot Size-30'x 127')
The Department of Neighborhoods, Housing & Inspections has surveyed
the city-owned lot at 231 Strauss Street; the lot Is 30' x 127' in dimension;
and it has been determined that the parcel of land is inappropriate for either
construction of new housing or the construction of public recreation
facilities.
Mr. Roosevelt Adams, residing at 229 Strauss Street indicated that he
will clean, improve and maintain the lot in the event that he obtains title to
the property wider the Urban Homestead Program.
Letters were sent to all other adjacent property owners, offering the
property and giving them ample time to express interest in obtaining 231
Strauss Street under the Urban Homestead Program. We have since received no
response.
We, therefore, recommend that the city-owned vacant lot be designated as
a Homestead Property and be transferred to Mr. Roosevelt Adams on the condition
that the property is cleared and improved within six (6) months and is
maintained in a sanitary manner.
Mrs. LoTempio moved:
That the communication from the Department of Neighborhoods, Housing an
inspections, dated December 22, 1995, be received and filed; and
That the City-owned property commonly known as 231 Strauss Street; be
designated as Homestead Property, and that the Mayor be authorized to transfer
said property to Mr. Roosevelt Adams, residing at 229 Strauss Street, for the
amount of $1.00 (One Dollar) and all costs of transfer, on the condition the
property is cleared and improved within six (6) months and the property is
maintained in a sanitary manner for at least thirty-six (36) months and that
the Corporation Counsel prepare the necessary documents for the transfer of
title and that the Mayor be authorized to execute the same.
PASSED.
AYES- 13 NOES- 0.
No. 33
NHI Permit Sec.-Monies not Deposited Timely
Item No. 16, C.C.P. 11/14/95
In response to the above stated Common Council communication I
would like to supply your Honorable Body with the following information. Due to
manpower shortages in the Permit Office and being the peak time of year for
building plumbing and electrical permits, deposits of receipts were not made on
a timely basis. As of July 1, 1995, the operation of the Permit Office is
under the charge of the Department of Neighborhoods, Housing and Inspections.
Please be advised that a policy has been instituted and is being enforced that
daily deposits of all moneys are completed on the respective day they are
received on or about July 10, 1995 and August 4, 1995 a deposit was made in the
office of the City Treasurer. According to the audit report submitted to your
Honorable body a irreconcilable difference of $642.50 was reported. Please be
advised that this money is not missing. Accounting procedures used by the
Department of Audit and Control did not take into consideration different
deposit dates entered into the computerized system. I would again like to
assure your Honorable Body that the Department of Neighborhoods and Housing
will maintain the practice of daily deposits of receipts. It is my sincere
hope that this response satisfies your inquiry.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 34
Bennett Wells Post Claim-Water
Damage 463 Riley
Item No. 88, C.C.P. 11/14/95
In response to the above stated Common Council communication,
I would like to supply your Honorable Body with the following information. We
in the Department of Neighborhoods, Housing and Inspections are sorry for the
devastating loss suffered by the Bennett Wells Post # 1780. A loss of this
nature reaches into the fabric of the lives of the people involved. The nature
of the construction of the frame dwellings in the City of Buffalo, and their
close proximity to buildings of similar construction make properties adjacent
to vacant and open buildings especially susceptible to damage by fire. As a
result of the damage to these structures by fire, the Department of
Neighborhoods, Housing and Inspections was under the order of the commissioner
of Fire to immediately demolish these structures. Prior to the demolition of
any structure it is always desirable to terminate all services to the Building.
This is sometimes not possible. We in the Department of Neighborhoods,
Housing and Inspections have followed all rules and regulations pertaining to
this project. It is my sincere hope that this response satisfies your inquiry.
REFERRED TO THE COMMITTEE ON CLAIMS.
No. 35
Hilton & Hilton - Give Property to the City of
Buffalo - 621 Goodyear
Item #77, C.C.P. December 12, 1995
The Department of Neighborhoods, Housing and Inspections has visited
621 Goodyear in order to determine if this property could be utilized in one of
its rehabilitation and sale programs.
Based upon an analysis made by staff, the Department of Neighborhoods,
Housing and Inspections is not interested in accepting 621 Goodyear.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 36
Abandonment Of Windemere Boulevard
Item No. 161, CCP 11/28/95
The Department of Neighborhoods, Housing & Inspections is interested
in the buildable residential lots on Capen Boulevard being offered by H-H
Acquisition Corp who have proposed the development of a Walgreens Drug Store
and Boston Market, contingent upon the following:
(1) that the Capen Boulevard parcel be tested for any extraordinary
sub-surface conditions by utilizing a pattern of test borings or trenching;
(2) that the Capen Boulevard parcel be clear of surface obstructions that
would prevent the development of new housing;
(3) that any costs associated with conditions (1) and (2) above be calculated
in the real estate transaction being negotiated by the Division of Real Estate;
(4) that the proposed development be sensitive to the architectural fabric of
the neighborhood and is consonance with its location on a major thoroughfare
and entry point to the City of Buffalo;
(5) that in exchange for the Windemere Right-of Way, the residentially
developable parcel extend to the northwest corner of Capen and Main.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 37
Weatherization Assisted Repair Model (WARM) Program
The Department of Neighborhoods, Housing and Inspections requests
Council approval of $100,000 of HOME funds to enter into a Cooperative
Agreement between the New York State Department of State, BNRC - acting on
behalf of the City of Buffalo, and the Clarkson Center for Human Services, Inc.
to conduct a program to be called the Weatherization Assisted Repair Model
(WARM).
Attached you will find a BURA item with additional information.
REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT.
No. 38
Liquor License Applications
Item No. 82, C.C.P. 10/31/95
In reference to Item No. 82, C.C.P. 10/31/95, Restaurant, Music
and, Coin Controlled Applications were mailed to Louis John;* on, 1204 Sycamore
Street.
RECEIVED AND FILED.
No. 39
Liquor License Applications
Item #52, C.C.P. 11/28/95
In reference to Item No. 52, C.C.P. 11/28/95, Restaurant, Music
and Coin Controlled Amusement Devices applications were mailed to: MO-GO, Inc.
223 Allen Street, DTG Elmwood Avenue Inc., 716 Elmwood Avenue, Mario Albert,
270 Amherst Street and Elsworth of Buffalo Corp., 511 Rhode Island Street.
Applications for Restaurant, Music and Coin Controlled Amusement Devices
have been received and processed for J.R.s Sports Bar Inc., 814 Clinton Street.
RECEIVED AND FILED.
No. 40
Certificate of Appointment
Appointment effective September 25, 1995 in the Department of
Neighborhoods, Housing & Inspections Division of Housing & Inspections, Dwain
Laws, 72 Schreck Avenue, Buffalo, New York 14215 to the Position of Building
Inspector, Permanent, at the Intermediate Starting Salary of $32,459.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
No. 41
Certificate of Appointment
Appointment effective September 25, 1995 in the Department of
Neighborhoods, Housing & Inspections, Division of Housing & inspections, Kevin
Gould, 15 Red Jacket Parkway, Buffalo, New York 14220 to the Position of
Building Inspector, Permanent, at the Intermediate Starting Salary of $33,742.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
FROM THE COMMISSIONER OF ADMINISTRATION AND FINANCE
No. 42
Appointment Assistant Director of Labor Relations
Pursuant to the powers vested in me under the provisions of Section
71 and 295.19 of the Charter of the City of Buffalo, I have appointed Steven C.
Miska, 625 Highgate Avenue, Buffalo, New York 14215, to the position of
Assistant Director of Labor Relations effective January 8, 1996.
Mr. Miska is a human resource professional, with approximately 9 years of
experience in dealing with matters such as the administration of workers'
compensation programs, loss control, risk management techniques, staff
development, and policy implementation and interpretation. Mr. Miska will be
compensated at an annual salary of $37,209.
Based on his experience, I certify that Mr. Miska is fully qualified for
the position of Assistant Director of Labor Relations.
RECEIVED AND FILED.
No. 43
Certificate of Appointment
Appointment effective January 1, 1996 in the Department of Administration
& Finance Division of Bureau of Administration Adjudication, Linda LoTempio
Scott, 88 Rebecca Park, Buffalo, New York 14207 to the position of Asst.
Director of Administrative Adjudication, Permanent, at the Starting Salary of
$33,160.00
RECEIVED AND FILED.
No. 44
Certificate of Appointment
Appointment effective January 1, 1996 in the Department Of Administration
& Finance Division Of Budget & Management, Donna Estrich, 31 Ashland Avenue,
Buffalo, New York 14222 to the Position of Assistant Management Analyst,
Permanent, at the Intermediate Starting Salary of $29,842.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
FROM THE CITY CLERK
No. 45
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
1683 Main St. Roadhouse Francis R. Law
RECEIVED AND FILED.
No. 46
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:
Comptroller- JoMarie Barone
Public Works-Susan Faulise
Police- Robert Quintana
Human Services, Parks and Recreation- Reginald Harris, Peter Juliano, Gina
Doyle
RECEIVED AND FILED.
No. 47
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:
Buffalo Sewer Authority
Emergency Medical Services Board
RECEIVED AND FILED.
No. 48
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 Dec. 21, 1995 in the Department of Common Council
Ava D. Kemp, 171 Burke Dr., Buffalo 14215, to the Position of, Intern II
Seasonal, at the Flat Starting Salary of $4.25.
Appointment effective Dec. 21, 1995 in the Department of Common Council
April Carey, 566 Amherst St., Buffalo 14207, to the Position of Intern V,
Seasonal, at the Flat Starting Salary of $8.00.
Appointment effective Jan. 3, 1996 in the Department of Common Council
Richard Gray, 161 E Utica, Buffalo, 14209, to the Position of Intern V,
Seasonal, at the Flat Starting Salary of $8.00.
No. 49
Appointments-Mayor's Youth Opportunity & Employment
I transmit herewith appointments made in the Mayor's Youth Opportunities
and Employments Programs.
RECEIVED AND FILED.
Appointment effective Thursday, December 28, 1995 in the Department or
Mayor's Office, in Youth Opportunity & Internship programs, Jason M. Bailey, 74
Putnam Street, Buffalo, NY 14213, to the position of Intern IV, Seasonal, at
the Flat Starting Salary of $6.00.
No. 50
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 ASSESSMENT
Appointment effective December 26, 1995 in the Department of Assessment
Mary Ann Urso, 363 Normal Ave., Buffalo NY 14213, to the Position of Clerk
Seasonal, at the Flat $5.20/Hour.
DEPARTMENT OF STREET SANITATION
Appointment effective December 26, 1995 in the Department of Street
Sanitation Mark J. Giardina, 74 Tennyson Avenue, Buffalo, New York 14216, to
the Position of Laborer II, Seasonal, at the Flat Starting Salary of $6.92 hr.
DEPARTMENT OF HUMAN SERVICES, PARKS & RECREATION
Appointment effective January 3, 1996 in the Department of Human
Services, Parks & Recreation Division of Youth to the Position of Lifeguard,
Seasonal, at the Flat Starting Salary of $5.20 p/h.
Paulette Reslow, 192 Linden, Buffalo 14216
Jeremy Kilduff, 217 Summit, Buffalo 14214
Joseph McMahon, 81 Briggs, Buffalo 14207
Appointment effective January 3, 1996 in the Department of Human
Services, Parks & Recreation Division of Youth, to the Position of Supervisor,
Temporary, at the Flat Starting Salary of $5.20 p/h.
Jane Maraschello, 246 Rhode Island, Buffalo 14213
Eileen Saporito, 106 Eckhert, Buffalo 14207
Appointment effective January 3, 1996 in the Department of Human
Services, Parks & Recreation, Division of Youth, to the Position of Attendant,
Temporary at the Flat Starting Salary of $4.42 p/h.
Angeline Cipolla, 8 Hertel #604, Buffalo 14207
April Nicastro, 252 Massachusetts, Buffalo 14213
Lisa Gangarossa, 321 Normal, Buffalo 14213
Paula Maraschello, 246 Rhode Island, Buffalo 14213
Cynthia Passanisi, 28 Commonwealth, Buffalo 14216
Darlene Brown, 41 Oxford, Buffalo 14209
Ernest Clanton, 359 E. Utica, Buffalo 14208
No. 51
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 ADMINISTRATION & FINANCE
Appointment effective Jan. 3, 1996 in the Department of Administration
& Finance, Division of Parking Enforcement Susan C. LoVallo, 12 Wellington
Road, Buffalo 14216, to the Position of Clerk, Provisional, at the Minimum at
the Starting Salary of $20,215.
DEPARTMENT OF NEIGHBORHOODS, HOUSING & INSPECTIONS
Appointment effective January 2, 1996 in the Department of Neighborhoods,
Housing & Inspections Division of Housing & Inspections, Mario Sirianni, 694
Tacoma Avenue, Buffalo, New York 14216 to the Position of Building Inspector,
Temporary, at the Minimum Starting Salary of $31,179
Appointment effective January 2, 1996 in the Department of Neighborhoods,
Housing & Inspections, Division of Housing & Inspections, Juan E. Sharp, 300
Berkshire Avenue, Buffalo, New York 14215 to the Position of Building
inspector, Temporary, at the Minimum Starting Salary of $31,179.
DEPARTMENT OF POLICE
Appointment Effective December 26, 1995 in the Department of Police
Dwight L. Daniels, 86 Zelmer Street, Buffalo, New York 14211, to the Position
of Cellblock Attendant, Contingent Permanent, at the Minimum Starting Salary of
$22,266.
DEPARTMENT OF FIRE
Appointment effective 1/2/96 in the Department of Fire, Division
of Administration to the Position of Firefighter, Permanent, at the Minimum
Starting Salary of $30,860.
Timothy R. Nowak, 109 Fennimore Ave., Buffalo, NY 14215
Richard J. Dibble, 7 Zittel St., Buffalo, NY 14210
Timothy Leahy, 45 Clio Ave., Buffalo, NY 14220,
Edward D. Zupkov, 93 Woodside Ave., Buffalo, NY 14220
Gary Schultz, 9 Heward Ave., Buffalo, NY 142.07
Peter Quinn, 60 Ramona Ave., Buffalo, NY 14220
Joel B. Zadvorney, 517 Fargo Ave., Buffalo, NY 14213
James A. Kreuzer, 350 Woodside Ave, Buffalo, NY 14220
Jeffrey A. Gray, 23 Fairchild Pl., Buffalo, NY 14216
Robert B. Bremer, 4 Indian Orchard Pl., Buffalo, NY 14210
John T. Grieco-Kirwan, 215 Colvin Ave., Buffalo, NY 14216
Scott D. Carner, 109 Wood Ave., Buffalo 14211
Timothy R. Cassel, 265 Sanders Rd. Buffalo, NY 14216
Patrick J. Ernie, 30 Portland St. Buffalo, NY. 14220
Daniel J. Bossi, 412 Lafayette Ave. Apt. Buffalo, NY 14213
Darrin P. McGuire 60 Woodside Ave. Buffalo, NY 14220
Jay M. Jordan 60 Dundee St., Buffalo, NY 14220
Jeffrey J. Szalay, 70 Richfield Ave. Buffalo, NY 14220
William V. Biondolillo, 99 Mariemont Ave. Buffalo, NY 14220
Thomas E. Holtz 194 Whitehall Ave., Buffalo, NY 14220
James O. Otwell, 193 Ridgewood, Buffalo, NY 14220
Anthony M. Starzynski, 155 Selkirk St., Buffalo, NY 14210
Jeffrey J. Rapp, 1522 Delaware Ave., Buffalo, NY 14209
Mark A. Mendola, 706 Crescent Ave., Buffalo, NY 14216
Joseph A. Marchitte, 430 14th Street, Buffalo, NY 14913
Dawn M. Kunz 16 Hines St., Buffalo, NY 14220
Christa L. Lombardo, 1196 Hertel Ave., Buffalo, NY 14216
Julia Rehbaum, 339 Ontario St., Buffalo, NY 14207
Susan M. Faulise, 194 Sterling Ave., Buffalo, NY 14216
Kimberley Martin-Sherk, 131 Kamper Ave., Buffalo, NY 14210
Willie McDonald, 791 Best St., Buffalo, NY 14211
Reginald K. Amos, 104 Ericson Ave., Buffalo, NY 14215
Kilpatrick Woodward, 53 Ruspin Ave., Buffalo, NY 14215
Alfonia L. Patton, 28 West Cleveland Dr., Buffalo, NY 14115
Kenneth E. Eason, 320 Davidson Ave., Buffalo, NY 14215
Theodore Watkins, 322 Pennsylvania St., Buffalo, NY 14201
Ollie J. Williams, 1310 Delaware Ave #204, Buffalo, NY 14209
Kevin E. Scott, 422 Jersey St. #3, Buffalo, NY 14213
Kyle A. Blodger, 74 Frontenac St., Buffalo, NY 14216
NON-OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES
NON-OFFICIAL COMMUNICATIONS
No. 52
NYS COMMISSION CABLE TV
Approval of TCI Franchise Renewal
The above-captioned application was submitted by TCI of New York,
Inc. ("TCI") on December 13, 1995. A copy of the application was served upon
the City and all local notice requirements have been satisfied.
This application is governed by Section 822 of the Executive Law which
requires our approval unless we find specific violations of law, the
regulations of this Commission or the public interest. Section 822(4) of the
Executive Law provides that we may approve the renewal contingent upon
compliance with standards or conditions consistent with the public interest.
Having reviewed this application in the context of all applicable statutory and
regulatory standards, we have determined to approve the renewal subject to
conditions as hereinafter set forth.
This application seeks approval of the renewal of a franchise granted by
the Common Council of the City of Buffalo by resolution dated December 12, 1995
and executed by the Mayor on December 13, 1995. Several public hearings were
held. The most recent one was on September 28, 1995.
Channel Capacity
Section 12.2 of the renewed franchise requires TCI to construct a cable
television system with a minimum of 750 MHz on or before December 31, 1998 --
three years from the effective date of this franchise. Timely fulfillment of
this commitment is an express and material condition of our approval herein.
Customer Service Standards
Section 15 contains comprehensive customer service standards covering
such matters as solicitation of subscriptions, installation and termination of
service, billing an subscriber complaints, service outages, credits and
repairs. Many of these provision encompass matters addressed in Commission
rules contained in Section 590.62 et seq. Other provisions have no counterpart
in Commission rules. It is apparent that substantia effort was devoted to the
creation of these standards and we commend the City both for it effort and the
outstanding results achieved on behalf of cable subscribers.
Public, Educational and Governmental (PEG) Access
Section 31 of the franchise requires substantial monetary support for
capita facilities and equipment for PEG access. In the event that the City
designates a independent entity to administer public access as provided in our
rules, we note here a such entity shall be required to file an annual financial
report with this Commission.
Our approval of this renewal is granted with the understanding that
compliance with our PEG access rules recited in Section 595.4 of 9 NYCRR is
considered material and is hereby made a condition of our approval herein.
THE COMMISSION ORDERS:
Pursuant to Section 822 of the Executive Law and the rules and
regulations of this Commission, the application of TCI Cable of New York, Inc.
for approval of the renewal of its franchise for the City of Buffalo (Erie
County) is hereby approved subject to the conditions and understandings
expressed herein. Said renewal shall expire on December 31, 2005.
Commissioners Participating: William B. Finneran; Chairman; John A. Passidomo,
Barbara T. Rochman, Commissioners.
REFERRED TO THE SPECIAL COMMITTEE ON TELECOMMUNICATIONS.
No. 53
NFTA
Oppose Discontinuance Bus Service
Walden/Bailey/S.Park
This will respond to your letter of December 13, 1995, and the
Common Council resolution which accompanied it.
The NFTA sincerely regrets that financial constraints have forced
reductions or eliminations of service on a number of bus routes.
Unfortunately, a 48% reduction in Federal transit operating assistance,
combined with a sharp decline in revenue from the mortgage recording tax, and
other factors require that some of the more lightly-used Metro services be
eliminated in order to preserve as much service as possible on remaining lines.
The NFTA has made a strong effort to reduce expenses in areas that do not
impact service to customers. However, it is inevitable that when funding for
vital public services is drastically reduced the amount of such services must
also be reduced. only if sufficient funding is provided will it be possible for
Metro to continue operating service on Route 22B. We encourage the Common
Council to consider such additional funding for Metro service.
I trust this information responds to your request.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 54
CID REFUSE SERVICE, INC.
Contract Extension Recycling Program
In response to the request of the Finance Committee at its special
meeting on January 3, 1996, C.I.D. Refuse Service, Inc. ("CID") is able to
offer the City of Buffalo ("City") a three-year and four-year extension. What
follows is a comparison and explanation of the three and four-year proposals.
Based on CID's economic projections, it is possible, with difficulty, to
shorten our five-year proposal to four years without change. It is not
possible, however, to leave the proposal unchanged for a three-year extension.
The cost of recycling bins', containers, and both guarantees cannot be
adequately amortized over the life of a three-year contract. In the simplest
terms, there is not enough profit in the contract over a three-year term to
cover the cost of recycling bins, containers, and both guarantees.
Additionally, CID is able to lock in better prices with its wholesalers for
longer terms. Finally, CID fully expects through its educational program and
relationship with City environmental groups that the quantity and quality of
materials recycled will increase over time. Based on that expectation, the
returns are larger in the later years of an extension, and it was expected that
the later years of a five-year extension would make up for the risk of the
guarantees and for the cost of the recycling bins and containers. CID cannot
afford to shorten the existing proposal to less than four years without also
reducing initial cost and risk.
Accordingly, articles 4, 5, and 6 would be eliminated from a three-year
proposal, and article 8 would have to be modified to delete those recyclables
for which there is no market from the list of recyclables. The cost of the
guarantee (article 4) is approximately $413,300 (see page 2 of Appendix,A
attached to the CID letter dated December 20, 1995). The cost of the recycling
bins is approximately $8,000 (2,000 bins at $4 per bin). The cost of the
containers is approximately $20,000 (retail value),'and the cost of removing
recyclables which have no present market, in the case of wide mouth plastics,
is approximately $80,000 (e.g., wide mouth plastics would be treated as garbage
rather than as recyclables because there is no market for wide mouth plastics).
1 . Tipping Fee: Rather than the City paying CID forty one and 49/100 dollars
($41.49) per ton (before credits) for the processing and marketing of each ton
of marketable recyclable materials ("Recyclables") delivered to the CID
Material Recovery Facility at Tifft and Hopkins Streets (the "MRF") by the
City, CID will pay the City the sum of two dollars ($2) per ton for each ton of
Recyclables delivered to the MRF by the City up to an amount, expressed in
tons, equal to the amount of Recyclables delivered to the MRF, by the City in
calendar year 1995 (the "Base Amount").
2. Premium: In any calendar year in which the City delivers more than the
Base Amount of Recyclables, CID will pay the City ten dollars ($10) per ton for
every ton delivered in excess of the Base Amount.
3. Guaranteed Average. After 1996, in any calendar year in which the
average price per ton paid to the City for Recyclables under paragraphs 1 and 2
above is less than four dollars ($4) per ton, CID will pay the City an
additional sum equal to the amount necessary to make the average price per ton
at least four dollars ($4) per ton.
4. Guaranteed Recycling Savings: Beginning in calendar year 1998, if the
quantity of Recyclables delivered by the City fails to exceed 150% of the Base
Amount, CID will transfer and dispose of an amount of the City's ordinary
municipal solid waste equal to 150% of the Base Amount less the amount of
Recyclables actually delivered to the MRF (the "Shortfall") without charge to
the City. CID will arrange for the transfer and disposal of the Shortfall.
5. Containers: CID will provide the City twenty (20) eight (8) yard
containers for use in the City. The City will be responsible for the pickup
and return of the containers. At the end of the Contract extension, the City
will return the containers to CID in the same good condition in which the
containers were received, ordinary wear and tear excepted.
6. Recycling Bins: CID will provide the City with two thousand (2,000) CID
recycling bins for use in the City.
7. "Favored Nation" Clause: If any other Municipality within Erie County
contracts with CID for similar service and receives more favorable treatment
than established under this amendment, the amounts due the City hereunder will
be increased accordingly.
8. Expanded Recyclables List: White goods, junk mail, telephone books, and
magazines will be added to the City recycling program. The City and CID will
cooperate to further extend the program to the extent economically feasible.
9. Profit Sharing and Host Fee: In exchange for the foregoing, the per
vehicle fee payable to the City for non-City vehicles using the MRF and profit
sharing provisions of the Contract are deleted.
10. Education: CID has pledged sponsorship of a recycling education program
in cooperation with The Buffalo News for the Buffalo Public Schools. An
outline of the pro . gram was provided to you with our November 7, 1995
proposal.
CID has made every effort to accommodate the reasonable needs and
requirements of City representatives. Either the three-year or four-year
alternative offers the City a recycling agreement that is clearly the best
economic package existing in Western New York. Both alternatives allow the
City to continue its relationship with a contractor that has provided
first-class service to the City and a contractor that is a City taxpayer. The
four-year proposal represents my personal effort to accommodate the request of
the Council Majority Leader for a shortened but unchanged agreement. The
three-year proposal reflects economic reality.
I appreciate the support of those Council Members who favor an extension
of the CID contract and regret that I have not been able to win unanimous
support. As always, I am prepared to answer any questions.
Mr. LoTempio moved:
That the communication from C.I.D. Refuse Service, Inc., dated January 8,
1996, be received and filed; and
That the Commissioner of Public Works be, and he hereby is, authorized to
renew the recycling contract with C.I.D. Refuse Service Inc., for a term of
four (4) years under the terms and conditions as specified in the attached
communication from C.I.D. Refuse Service,Inc. and as negotiated by the Common
Council with the following specific conditions:
1. That C.I.D. Refuse Service, Inc., sign a stipulation evidencing their
intention to remain in the city of Buffalo for the term of the contract.
2. That C.I.D. Refuse Service, Inc., will arrange for the transfer and
disposal of the shortfall and at no time will it be transferred to or stored at
the MRF facility at Tifft and Hopkins Streets.
3. That C.I.D. Refuse Service, Inc., will provide educational materials on
recycling in English and Spanish.
4. That C.I.D. Refuse Service, Inc., will work with the city's Refuse
Education Enhancement program (REEP) and local environmentalists to create a
more beneficial educational recycling program for the city of Buffalo.
PASSED.
AYES-BROWN, COPPOLA, CZAJKA, FRANCZYK, GRAY, KAVANAUGH, LOCKWOOD, PITTS,
QUINTANA, WILLIAMS, ZUCHLEWSKI- 11.
NOES- HELFER, LOTEMPIO- 2.
PETITIONS
No. 55
Rudolph Alloy, Jr., tenant, petition to use 976 Elmwood Ave. for sit-in
restaurant.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD
AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT.
No. 56
B.K.G. Assoc.-Use 2189 Seneca St. for a take-out Restaurant.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD
AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT.
No. 57
Word of Faith Ministries, petition to use 142 Doat Ave. for Half-way House.
(Hrg. 1/30)
REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD
AND THE COMMISSIONER OF COMMUNITY DEVELOPMENT.
RESOLUTIONS
No. 58
By: Mr. Coppola
Request Information on Roofing Project at Holling Homes
Whereas: There is an ongoing roofing construction project at Holling
Homes, a Buffalo Municipal Housing Authority apartment complex in North
Buffalo; and
Whereas: This office has received numerous complaints from residents
regarding the roofing construction job; and
Whereas: Apparently, the project has become so disruptive with the new roof
collapsing into at least one apartment, and has caused so much damage to rugs
and furnishings that residents have been housed in motels. Why? ; and
Whereas: There are reports that the new roof is being replaced by another
roof Why and at what cost ?
Now Therefore Be It Resolved that
This Common Council requests a response from the Buffalo Municipal
Housing Authority by the next full Council meeting, January 23, 1996, on the
following: (1) What is the name of the construction company awarded the project
and what are the names of all of the bidders for the project? (2) What is the
original cost of the project and the cost of the second roof? (3) Who is
monitoring this project on the federal and local levels? (4) Why was the
project begun so late in the year? (5) Why was the entire roof removed leaving
residents and their furnishings exposed to the elements? (6) This Common
Council be provided a full audit of this roof replacement project at Holling
Homes; and
Be It Further Resolved that
The City Clerk send certified copies of this resolution to the Buffalo
Municipal Housing Authority and HUD with requests for response.
REFERRED TO THE COMMITTEE ON FINANCE AND THE BUFFALO MUNICIPAL HOUSING
AUTHORITY.
No. 59
By: Mr. Coppola
Request Assistance from County - Plowing Critical Areas
Whereas: The City of Buffalo, and the entire Western New York area,
has experienced record snow fall this winter; and
Whereas: With over 800 miles of roadway to plow and lack of off-street
parking in many sections and the fact that so many suburbanites work within the
City limits, the record snow fall has strained the City's ability to keep
streets properly plowed; and
Whereas: The major medical centers for the region are located within the
City limits, and it is critical that they and the major roads leading to these
regional facilities be properly maintained during snow emergencies.
Now Therefore Be It Resolved that
Because the major medical facilities for this region are located within
the City of Buffalo, and so many suburbanites work within the City limits, this
Common Council would appreciate assistance from Erie County in removing snow
from the areas immediately adjacent to and the roads leading to the major
medical centers; and
Be It Further Resolved that
The City Clerk send a certified copy of this resolution to the County
Executive requesting assistance in this matter.
ADOPTED.
No. 60
By: Mr. Coppola
Review Employment Status - John P. Glynn
Whereas: John P. Glynn has been continuously employed by the City
of Buffalo for many years; and
Whereas: He was not considered permanent although he was told he was
permanent and worked in permanent positions, but apparently was classified as
seasonal; and
Whereas: Clarification is necessary because he was injured while in the
city's employ and future benefits are jeopardized.
Now Therefore Be It Resolved that
This Common Council requests an opinion from the Civil Service Commission
as to why this can't be corrected.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE, THE COMMISSIONER OF ADMINISTRATION
AND FINANCE AND THE CIVIL SERVICE COMMISSION.
No. 61
By: Mr. Coppola
Vacant Staff Positions
Whereas: Three Legislative Assistant positions in the Council Staff
office have been vacant since the start of the fiscal year, July 1, 1995, for a
total amount of $83,970 ( 3 positions @ $27,990); and
Whereas: A fourth Legislative Assistant position has been vacant since
September 19, 1995, due to the untimely death of a longtime staff member,
leaving $22,112 or 79% of his salary unexpended, and a fifth Legislative
Assistant position has been vacant since October 26, 1995, leaving $18,753 or
67% of that salary unexpended; and
Whereas: The total amount unexpended in the Council Staff budget line as of
January 1, 1996, was $124,655; however, during the Common Council's biannual
Reorganization Meeting on January 2, 1996, two of those positions were filled,
leaving a balance of $96,665; and
Whereas: The Board of Education is facing serious fiscal problems, and this
Common Council would be showing good faith by transferring the unspent monies
from the Council Staff budget to the, Board of Education.
Now Therefore Be It Resolved that
This Common Council recognizes the serious fiscal problems facing the
Board of Education and authorizes the transfer of unspent monies budgeted for
Legislative Assistant salaries in Council Staff to the Board of Education.
Mr. LoTempio moved to refer the above item to the Committee on Civil Service,
the City Clerk and the Council President; second by Mrs. Lockwood.
Mr. Coppola moved as an amendment to approve the item; second by Mr.
Zuchlewski.
LOST.
AYES- COPPOLA, ZUCHLEWSKI- 2.
NOES- BROWN, CZAJKA, FRANCZYK, GRAY, HELFER, KAVANAUGH, LOCKWOOD, LOTEMPIO,
PITTS, QUINTANA, WILLIAMS- 11.
Mrs. LoTempio now moved her original motion to refer the item to the
Committee on Civil Service, the City Clerk and the Council President; second by
Mrs. Lockwood.
ADOPTED.
No. 62
By: Mr. Coppola
Oppose Location of New Courthouse
Whereas: On December 15, 1995, the Erie County Legislature voted
to build a $31 million courthouse at Church Street and Delaware Avenue; and
Whereas: The land is presently owned by the Catholic Diocese of Buffalo,
which by all reports is not willing to sell for this or any other project; and
Whereas: The city has expressed an interest in having the courthouse built
on the land adjacent to the Fernbach Ramp and Main Place Mall, which have
approximately 300 parking spaces available daily and has offered the site
without charge to the County.
Now Therefore Be It Resolved that
This Common Council is opposed to the Church Street/Delaware Avenue
location preferred by the Erie County Executive and Legislature, and requests
consideration be given to the empty lot adjacent to the Fernbach Ramp and Main
Place Mall because it is readily available and parking is convenient; and
Be It Further Resolved that
The City Clerk send a certified copy of this resolution to the Erie
County Executive and Legislature, and Bishop Henry J. Mansell of the Catholic
Diocese of Buffalo.
ADOPTED.
AYES- COPPOLA, CZAJKA, FRANCZYK, GRAY, HELFER, KAVANAUGH, LOCKWOOD, LOTEMPIO,
PITTS, QUINTANA, WILLIAMS, ZUCHLEWSKI- 12.
NOES- BROWN- 1.
No. 63
By: Mr. Czajka
Salary Ordinance Amendment
01 -1 Division of City Clerk
The Common Council of the City of Buffalo do ordain as follows:
That part of Section 1 of Chapter 35 of the Ordinances of the City of
Buffalo, relating to 01-1 Division of City Clerk under the subheading "001 -
City Clerk" which reads:
1 Clerk $20,215 - 22,420
is hereby amended to read:
1 Data Entry Operator $22,257 - 25,135
IT IS HEREBY CERTIFIED, pursuant to Section 34 of the Charter, that the
immediate passage of the foregoing ordinance is necessary.
WE, CHARLES L. MICHAUX, III, City Clerk and JAMES B. MILROY, Director of the
Budget, hereby certify that the deletion of one (1) Clerk position and the
creation of one (1) Data Entry Operator position 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 respective amount set forth in the foregoing ordinance.
That a personnel requisition incident to the creation of the
above-mentioned position, containing a statement of the duties for such
position, has been filed with the Municipal Civil Service Commission, and said
Commission has approved and certified the position title set forth in the
foregoing ordinance as being the appropriate Civil Service title for the
proposed position.
APPROVED AS TO FORM
Edward Peace
Corporation Counsel
PASSED.
AYES- 13 NOES- 0.
No. 64
By: Mr. Czajka
Salary Ordinance Amendment
01 Common Council
The Common Council of the City of Buffalo does ordain as follows:
That part of Section 1 of Chapter 35 of the Ordinances of the City of
Buffalo, relating to 01-0 Common Council under the subheading "001 -
Legislative" which reads:
1 Secretary to the Minority Leader $27,990
is hereby amended to read:
1 Senior Legislative Assistant to the Minority Leader $31,580
and, further,
That part of Section 1 of Chapter 35 of the Ordinances of the City of
Buffalo, relating to 01-0 Common Council under the subheading "008 - Minority
Leader" which reads:
2 Legislative Assistant 27,990
is hereby amended to read:
1 Legislative Assistant $27,990
1 Legislative Aide 25,118
IT IS HEREBY CERTIFIED, pursuant to Section 34 of the Charter, that the
immediate passage of the foregoing ordinance is necessary.
WE, JAMES W. PITTS, President of the Common Council and JAMES B. MILROY,
Dire of the Budget, hereby certify that the deletion of one (1) Legislative
Assistant Councilmember position and one (1) Secretary to the Minority Leader
position and the creation of one (1) Senior Legislative Assistant to the
Minority Leader position and one (1) Legislative Aide to Councilmember is
necessary for the proper conduct, administration and performance essential
services of that department. We recommend that the compensation for said posit
be fixed at the respective amount set forth in the foregoing ordinance.
That a personnel requisition incident to the creation of the
above-mentioned position containing a statement of the duties for such
positions, has been filed with the Municipal Service Commission, and said
Commission has approved and certified the positions title forth in the
foregoing ordinance as being the appropriate Civil Service title for the
proposed
APPROVED AS TO FORM
Edward Peace
Corporation Counsel
PASSED.
AYES- 13 NOES- 0.
No. 65
By: Mr. Czajka
Salary Ordinance Amendment
02 President of Common Council
The Common Council of the City of Buffalo does ordain as follows:
That part of Section 1 of Chapter 35 of the Ordinances of the City of
Buffalo, relating to 02-0 President of Common Council under the subheading "001
- Legislative" which reads:
1 Secretary to the President of the Common Council $38,757
1 Senior Legislative Assistant to the Common Council 31,580
1 Legislative Assistant to the President of
the Common Council 27,990
1 Legislative Aide to Councilmember 25,118
is hereby amended to read:
1 Assistant to the Council President $34,000
1 Executive Secretary to Council President 30,000
2 Legislative Assistant to the President
the Common Council 27,990
IT IS HEREBY CERTIFIED, pursuant to Section 34 of the Charter, that the
immediate passage of the foregoing ordinance is necessary.
WE, JAMES W. PITTS, President of the Common Council and JAMES B. MILROY,
Director of the Budget, hereby certify that the deletion of one (1) Legislative
Aide to Councilmember position and one (1) Secretary to the President of the
Common Council position and the creation of one (1) Executive Secretary to
Council President position, one (1) Assistant to Council President and one (1)
Legislative Assistant to the President of the Common Council 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 respective amount set forth in the foregoing ordinance,
That a personnel requisition incident to the creation of the
above-mentioned positions, containing a statement of the duties for such
positions, has been filed with the Municipal Civil Service Commission, and said
Commission has approved and certified the positions title se forth in the
foregoing ordinance as being the appropriate Civil Service title for the
proposed positions.
APPROVED AS TO FORM
Edward Peace
Corporation Counsel
PASSED.
AYES- 13 NOES- 0.
No. 66
By: Mr. Czajka
Salary Ordinance Amendment
01 - Common Council
0 - Legislative
001 - Legislative
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 01-0-001 - Common Council - Legislative which reads:
1 Secretary to Majority Leader $27,990
is hereby amended to read:
1 Senior Legislative Assistant to Majority Leader $31,580
It is hereby certified, pursuant to Section 34 of the Charter, that the
immediate passage of the foregoing ordinance is necessary.
We, James W. Pitts, President of the Common Council and James B. Milroy,
Director of the Budget, hereby certify that the above change is necessary for
the proper conduct, administration and performance of essential services of
that department. We recommend that the compensation for said position be fixed
at the amount set forth in the foregoing ordinance.
Approved as to Form
Edward Peace
Corporation Counsel
PASSED.
AYES- 13 NOES-0.
No. 67
By: Mr. Czajka
Seizure of Automobiles By Local Law Enforcement Authorities
Whereas: Federal and state asset forfeiture laws have long been
one of the most effective tools used by law enforcement authorities to combat
the drug trade; and
Whereas: Not only do those laws help generate funds that are sorely needed
to support law enforcement, but they send a very strong message that crime does
not pay; and
Whereas: Some municipalities throughout the country have reportedly used car
confiscation to help enforce various laws, and have used it with particular
effectiveness as part of efforts to control prostitution; and
Whereas: It may also be very useful for the Buffalo Police Department to
have such a tool at their disposal, especially in enforcing laws against
prostitution, which has shown a marked increase in many areas of the City of
Buffalo in recent years;
Now, Therefore Be It Resolved:
That the Corporation Counsel be requested to prepare a report on:
1.) What legal authority the City of Buffalo has at the present time to seize
vehicles or other property used in the commission of a crime; and
2.) What can be done to expand or enhance that authority.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE CORPORATION COUNSEL, THE
COMMISSIONER OF ADMINISTRATION AND FINANCE AND THE COMMISSIONER OF POLICE.
No. 68
By: Mr. Czajka
Wildlife Habitat- Buffalo River
Whereas: The County of Erie has designated five city owned parcels
along the Buffalo River as potential sites for wildlife habitat restoration;
and
Whereas: This project would direct federal funds toward these sites turning
undeveloped land, which in some cases is used primarily for illegal dumping,
into park like settings- and
Whereas: These sites would provide increased public access along the river
for canoeists and outdoorsman, benefiting not only the immediate neighborhoods,
but other Buffalonians and Western New Yorkers; and
Whereas: Of these five sites, an approximately five acre parcel at the foot
of Smith Street, is arguably the most impressive site for this demonstration
project; and
Whereas: Concerns about maintenance and liability issues have stalled this
project for almost a year- and
Whereas: Recently the County of Erie Parks Department has offered to
maintain and assume liability for the site through a land transfer agreement
similar to that proposed for Bennett Beach.
Now, Therefore, Be It Resolved:
That the Corporation Counsel begin preparation of paperwork necessary to
transfer the Smith Street parcel to the County of Erie; and
Be It Further Resolved
That this transfer include restrictions calling for the reversion of this land
to the City of Buffalo if the County should cease the use of this land as a
wildlife habitat; and
Be It Finally Resolved:
That the Mayor of the City of Buffalo hereby be authorized to transfer the
Smith Street parcel to the County of Erie.
REFERRED TO THE COMMITTEE ON FINANCE, THE COMMISSIONER OF COMMUNITY DEVELOPMENT
AND THE CORPORATION COUNSEL.
No. 69
By: Messrs. Czajka & Franczyk
East Side Police Station.
Whereas: As Part of Police Reorganization, the area roughly bounded
by Delavan Avenue on the north, Jefferson Avenue on the west, William Street on
the south and the city line on the east has been designated as the Broadway
Station; and
Whereas: Presently, the bulk of this area is serviced by the combined
Precincts #8 and I 1, operating out of the Precinct #1 I site at 1345 Bailey
Avenue; and
Whereas: The Bailey Avenue site has proven to be too small to accommodate
this consolidation for both manpower as well as vehicle storage; and
Whereas: Ideally, any new site should strive to provide easy access to all
parts of the precinct-, and
Whereas: At present an overflow parking area located at 998 Broadway is near
to the geographical center of the Broadway Precinct; and
Whereas: This site would provide easy access to the Fillmore, Ellicott,
Masten and Lovejoy Districts.
Now, Therefore, Be It Resolved:
That the Police Commissioner respond to this Honorable Body on the
suitability of the 998 Broadway site as the location for the Broadway Station.
REFERRED TO THE POLICE REORGANIZATION COMMITTEE, THE COMMISSIONER OF
ADMINISTRATION AND FINANCE AND THE COMMISSIONER OF POLICE.
No. 70
By: Mr. Franczyk
Locate Citicorp Headquarters In Buffalo
Whereas: Citicorp, the giant banking company currently Headquarters
in New York City, is seriously contemplating moving its corporate headquarters
and top executives to another city, and,
Whereas: John S. Reed, chairman of Citicorp, the parent company of Citibank,
the largest bank in the United States, stated that the insular high-finance
atmosphere of New York City is actually detrimental to clear-minded financial
decision making, and,
Whereas: Cities currently under consideration for the Citicorp move include
Boston, Palo Alto, Calif, and Reston, Va, and,
Whereas: Reed will apparently decide in the next few months if he will
create a study group to research other cities for a potential move out of New
York City; and,
Whereas: If Citicorp decides to move, the City of Buffalo should be
competitive by initiating outreach to Citicorp for consideration as a possible
headquarters location; and,
Whereas: Buffalo could provide an excellent opportunity for Citicorp's,
including a highly-educated motivated work force, a surfeit of cheap available
downtown office space saving the company many millions of dollars, proximity to
Northeast banking and business centers in the United States and Canada,
cultural and recreational amenities, affordable housing, restaurants and
retail, etc. and,
Whereas: Benefits to Buffalo would be self-evident, including the generation
of hundreds of jobs, huge increase in taxes, revitalized downtown, including
potential for downtown housing and retailing;
Now Therefore Be It Resolved:
That this Common Council, working with the Mayor's office, Department of
Community Development, and any other interested parties possibly including
input from the Greater Buffalo Partnership, Downtown Development Inc., etc.
prepare a proposal to approach Citicorp underscoring the desirability of
Buffalo as the ideal corporate headquarters. A proposal could be followed up
with a delegation including the Mayor, Council Members and others to meet with
Citicorp representatives if and when discussions get that far;
Be It Finally Resolved:
That work on this proposal begin immediately, as Citicorp is planning to
make a decision on their corporate headquarters move in the next few months.
REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT AND THE COMMISSIONER OF
COMMUNITY DEVELOPMENT.
No. 71
By: Mr. Franczyk
Appropriation Allotments - Board of Education
That, Pursuant to Section 41 of the Charter and the Certificate
of the Mayor and the Comptroller submitted to the Common Council, the
appropriation in the budget for the current fiscal year for Appropriation
Allotments - Board of Education be and the same hereby is increased in the sum
of $13,264,374.45.
That, the comptroller be and hereby is authorized and directed to increase the
revenue estimate of account:
State Aid
Energy Aid $ 5,100,000.00
Buffalo City School District
General Fund Balance $ 8,164,374.45
Total $13,264,374.45
To meet the increased appropriation as set forth below:
100 General Fund
97-0 - Board of Education
Operation and Maintenance $13,264,374.45
This will increase the Board of Education Appropriation from $390,801,065 to
$404,065,439.45 (both appropriations include debt service of $9,104,411).
REFERRED TO THE COMMITTEE ON EDUCATION AND THE BOARD OF EDUCATION.
No. 72
By Mr. Helfer
Appt. Secretary to the Minority Leader
The Common Council hereby appoints Wendy B. Clubine, 100 Parkside
Court, Buffalo, NY, to the position of Secretary to the Minority Leader,
effective January 2, 1996.
ADOPTED.
No. 73
By: Ms. Kavanaugh and Mr. Zuchlewski
School Board Salaries
Whereas: On December 20, 1995, the Buffalo School Board surprisingly
voted themselves a pay increase by a 7-2 vote, without any public input or
discussion, and
Whereas: The proposed increase from $5,000 to $ 1 0,000 doubles the amount
of compensation they were receiving, and
Whereas: Article 24, section 452 of the City Charter "the council may
provide an annual salary not exceeding five thousand dollars per year for each
member of the board of education," and
Whereas: The City Charter seems to indicate the Common Council may have the
final say in any salary increase for the members of the Board of Education,
Now, Therefore, Be It Resolved:
That this Common Council request the Corporation Counsel to determine the role
of the Common Council in any proposed salary increase for the members of the
Board of Education,
Be It Further Resolved:
That this opinion be filed before the next regular meeting of the Common
Council on January 23, 1996.
REFERRED TO THE EDUCATION COMMITTEE, THE BOARD OF EDUCATION AND THE CORPORATION
COUNSEL.
No. 74
By Ms. Lockwood
Set Hearing LDA Hickory Woods New Housing Project
Burke Brothers Construction Co., Inc.
Whereas, Burke Brothers Construction Co., Inc. and/or other legal
entity to be formed (herein referred to as the "Redeveloper") has been duly
designated as qualified and eligible Redeveloper in accordance with the rules
and procedures prescribed by the City of Buffalo Urban Renewal Agency (herein
referred to as the "Agency"); and
Whereas, The Agency and the Redeveloper have negotiated a Land
Disposition Agreement for the disposition of a nine (9) new residential housing
project known as Hickory Woods New Housing Project in the Community wide Urban
Renewal Demonstration Program Area; and
Whereas, said Land Disposition Agreement has been forwarded by the Agency
to this Common Council for action, pursuant to Section 507, subdivision 2 (d)
of the General Municipal Law; and
Whereas, Article 15A of the general Municipal Law" requires that the
disposition of land in an Urban Renewal Project may be approved only after a
public hearing on due notice.
Now, Therefore, Be It Resolved:
1. That the City Clerk is hereby directed to publish the notice attached
hereto and marked "Notice of Hearing" in the Buffalo News, no later than the
12th day of January 1996.
2. That this Common Council will conduct a Public Hearing on the matters
stated in said "Notice of Hearing" at 2:00 o'clock p.m. in the Council Chambers
on the 23rd day of January 1996
ADOPTED.
No. 75
By Mrs. LoTempio
Appt. Legislative Asst. to Common Council
Be it resolved that Linda Dyer-Hurdon, 324 Davidson, Buffalo,
MY, is hereby appointed as Legislative Assistant to the Common Council,
effective January 2, 1996.
ADOPTED.
No. 76
By Mrs. LoTempio
Appt. Legislative Assistants to the Common Council
Be it resolved that the following individuals are hereby appointed
to the position of Legislative Assistant to the Common Council, effective
January 9, 1996:
Robert P. Boryszewski
Mark J. Jaskula
ADOPTED.
No. 77
By: Mrs. LoTempio
Ordinance Amendment
Chapter 399 - Smoking
The Common Council of the City of Buffalo does hereby ordain as
follows:
That Chapter 399 of the Code of the City of Buffalo be amended to read as
follows:
Section 399-12 Purpose.
A. Because the smoking of tobacco or any other weed or plant is the number
one cause of preventable death, and secondhand smoke kills 53,000 Americans
annually, the Common Council hereby finds and declares that the purpose of
this Article is to:
(1) P[p]rotect the public health and welfare by regulating smoking in the
office workplace [creating smoke free environments in all City Buildings and
any vehicles owned or leased by or to the City of Buffalo].
(2) Minimize the toxic effects of smoking in the office workplace accommodating
insofar as possible, the preferences of nonsmokers and smokers.
(3) If a satisfactory accommodation cannot be reached, prohibit smoking in the
office workplaces
B. This Article is not intended to create any right to smoke or to impair or
alter an employer's prerogative to prohibit smoking in the workplace. This
Article requires that the employer make accommodations for the preferences of
both nonsmoking and smoking employees and,
if a satisfactory accommodation to all affected nonsmoking employees cannot be
reached, that the employer prohibit smoking in the office workplace.
[Section 399-13 Prohibited acts.]
[It shall be unlawful for any person to smoke within any City Building or
any vehicle owned or leased by or to the City entity. This prohibition extends
to all workplaces, public lobbies, restrooms, storage areas, corridors,
elevators, and other enclosed areas within any City Building.]
[Section 399-141 Section 399-13 Definitions
[WORKPLACE] CITY OFFICE - Any enclosed area of a structure or portion thereof
intended for occupancy by city entities which will provide labor, clerical,
professional or business services to the city, to other business entities or to
the public at that location.
[CITY BUILDING - Any public building or other structure or portion thereof
owned, operated, occupied or leased by or to the City of Buffalo, its agencies,
boards and commissions and the appropriate officials of such entities. This
definition does not extend to properties used for residential purposes or those
properties that are operated primarily for non-public purposes.]
Section 399-14 Promulgation of policy.
Within three (3) months of the adoption of this Article, the employer
shall adopt, implement and maintain a written smoking policy which shall
contain, at a minimum, the following provisions and
A. Any nonsmoking employee may object to smoke in his or her workplace.
Using already available means of ventilation or separation or partition of
office space, the employer shall attempt to reach a reasonable accommodation,
insofar as possible, between the preferences of nonsmoking and smoking
However, an employer is not required by this Article to make any expenditures
or structural changes to the preferences of nonsmoking or smoking employees..
B. If an accommodation which is satisfactory to all affected nonsmoking
employees
cannot reached in any given office workplace, the preferences of nonsmoking
employees shall prevail, and the employer shall prohibit smoking in an office
workplace
Where the employer prohibits smoking in an office workplace, the area in which
smoking
is prohibited shall be clearly marked with signs.
C. The smoking policy shall be announced within three (3) weeks of adoption
to all employees working in office workplaces and posted conspicuously in all
workplaces under the employer's jurisdiction.
Section 399.15 Additional regulations
Within three (3) months of the adoption of this Article, the employer shall
adopt, implement and maintain a written smoking policy under its control not
regulated by Section 399-14 herein.
[Section 399-15 Posting of notice.]
[The employer or occupant managing the City Building or premises wherein
a smoke free environment has been hereby created shall post in conspicuous
places signs that are clearly visible and at least eighteen (18) inches long
and twelve (12) inches high, with red lettering on a white background, such
lettering being at least two and one-half (2 1/2) inches high, which shall read
as follows:]
[SMOKING PROHIBITED
IN ALL AREAS
Under Penalty of a Fine
Pursuant to Chapter 399 Article IV of
The Code of the City of Buffalo.]
[Section 399-16 Enforcement]
[A.] [It shall be the duty of the Commissioner of Police, the Commissioner of
Fire and the Commissioner of Public Works to enforce this article-]
[B. ] [For those persons leasing property from the City, the lessee shall be
responsible for ensuring that this article is enforced.]
[Section 399-17 Penalties for offenses.]
[Any person violating the provisions of this Article shall be subject to
a fine of not less than fifty dollars ($50.) nor more than five hundred dollars
($500.) for each such violation.]
Section 399-18 Effective Date]
[This Article shall become effective April 1, 1995. The provisions of
this Article shall become effective January 1, 1996 for the following City
Buildings: the Buffalo Memorial Auditorium, the Delaware Park Marcy Casino,
Kleinhans Music Hall, the Lafayette Ice Rink, the downtown baseball stadium
formerly known as Pilot Field and Shea's Buffalo Center for the Performing
Arts.]
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 AND THE CORPORATION COUNSEL.
No. 78
By: Mrs. LoTempio
Ordinance Amendment
Chapter 399 - Smoking
The Common Council of the City of Buffalo does hereby ordain as
follows:
That Chapter 399 of the Code of the City of Buffalo be amended to read as
follows:
Section 399-18 Effective Date
This Article shall become effective April 1, 1995. The provisions of
this Article shall become effective [January 1, 1996] September 30, 1996 for
the following City Buildings: the Buffalo Convention Center, the Buffalo
Memorial Auditorium, the Delaware Park Marcy Casino, Kleinhans Music Hall, the
Lafayette Ice Rink, the downtown baseball stadium formerly known as Pilot Field
and Shea's Buffalo Center for the Performing Arts.
APPROVED AS TO FORM
Edward Peace
Corporation Counsel
NOTE: Matter in brackets [ ] to be deleted; matter underlined is new.
Mrs. LoTempio moved the approval of the item; second by Mr. Helfer
Mr. Zuchlewski moved as an amendment to refer the above to the Committee on
Legislation; second by Mr. Franczyk.
ADOPTED.
AYES- BROWN, COPPOLA, CZAJKA, FRANCZYK, GRAY, KAVANAUGH, QUINTANA, WILLIAMS
ZUCHLEWSKI- 9.
NOES- HELFER, LOCKWOOD, LOTEMPIO, PITTS- 4.
No. 79
By: Mr. Pitts
Amend South Ellicott Urban Renewal Plan To Allow Residential Development
Whereas: The South Ellicott Urban Renewal Plan provides for a combination
of residential, commercial and industrial development; and
Whereas: The Plan was amended to provide for mixed use particularly in the
area bounded by Michigan, Seneca, Swan and Myrtle Streets; and
Whereas: There is a proposed development of the houses along Seneca Street
between South Cedar and Spring Street by M. J. Peterson. This plan is
supported by the Department of Neighborhoods, Housing and Inspections; and
Whereas: The Planning Board has voted to close and abandon a portion of
Chicago Street for a proposed industrial/commercial use. This action is
country to the existing Urban Renewal Plan and the old neighborhood development
plan for the area. In fact, there are still residential uses adjacent to the
area that the Planning Board has apparently ignored; and
Whereas: Residential development in this area is more desirable, the
Developer has already contracted for several houses which could be built in the
spring of 1996. The area south of Seneca Street is more compatible for
industrial and commercial development.
Now Therefore Be It Resolved:
That the Common Council approve the amendment of the South Ellicott Urban
Renewal Plan to allow for residential development in the area of South Cedar,
Myrtle, Spring and Seneca Streets.
REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT.
No. 80
By: Mr. Pitts
Ordinance Amendment
Chapter 413 -Streets and Sidewalks
The Common Council of the City of Buffalo does hereby ordain as
follows:
That Section 413-36 of Chapter 413 of the Code of the City of Buffalo be
amended to read as follows:
413-36. [Use of streets for public events.]
[A.] [Legislative intent. The Common Council finds that streets and other
public places in the City of Buffalo are from time to time temporarily closed
and used as sites for ethnic festivals, art shows, neighborhood celebrations
and other public events which are privately sponsored but open to the public.
Events of this kind serve to improve the quality of life of the residents of
the city and often result in large crowds of people congregating within the
confines of the temporarily closed streets or public places, and the resulting
crowd conditions create concerns for police and fire access and control and
other concerns relating to the health, safety and welfare of the public and of
persons and property in the closed area. It is thereof essential that a policy
be established for governing these events which will facilitate control over
them by the sponsor and by police, fire, health and other public officials to
safeguard persons and property.]
[B. [Definitions. The following words, when used in this section, shall have
the meanings herein stated, unless a different meaning clearly appears from the
context:]
[EVENT-The festival, show, celebration, performance or other event
for which the streets or public place are temporarily closed.]
[EVENT AREA - The streets or other public place closed temporarily
for purposes of holding the event.]
[PARTICIPANT - Any exhibitor, vendor, concessionaire, performer or
other similarly occupied individual or corporation.]
[PUBLIC OFFICIAL - Police, fire, licensing, health, sanitation and
other officials and employees of the City of Buffalo whose departments are
affected by the event. ]
[SPONSOR - The individual, group of individuals or corporation
responsible for organizing the event and requesting the temporary closing of
the streets or public place.]
[C.] [When a public place or street is temporarily closed for an event, the
Common Council may impose reasonable conditions in connection with the closing
for the purpose of facilitating control over the event area by the sponsors and
public officials for the health, welfare and safety of the public and persons
and property in the event area. Such conditions may include, among other
things, limitations upon the number, type and location of participants in the
event area, both on public property and out-of-doors on adjacent private
property,and the Common Council may require the sponsor to designate in advance
the number, location and type of participants and to provide them with
identification showing that they are an authorized participant. There shall be
no other participants in the event area than those so designated and
authorized. The sponsor shall cooperate with all public officials to enforce
the conditions imposed by the Common Council. The conditions imposed under
this section shall take precedence over all other conditions rights and
privileges granted to individuals and corporations under other chapter of this
Code during the hours of the event.]
APPROVED AS TO FORM
Edward Peace
Corporation Counsel
NOTE: matter in brackets [] to be deleted .
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 81
By: Mr. Pitts
Ordinance Amendment
Chapter 414 - Special Events
The Common Council of the City of Buffalo does hereby ordain as
follows:
That the Code of the City of Buffalo be amended to add a new Chapter 414
to read as follows-.
Chapter 414
SPECIAL EVENTS
Sec. 414-1. Legislative Intent
The Mayor and the Common Council of the City finds that streets and other
public places in the City are from time to time temporarily closed and used as
sites for ethnic festivals, art shows, neighborhood celebrations and other
public events which are privately sponsored but open to the public. Events of
this kind serve to improve the quality of life of the residents of the City and
often result in large numbers of people congregating within the confines of the
temporarily closed streets or public places, and the resulting crowd conditions
create concerns for police and fire access and control and other concerns
relating to the health, safety and welfare of the public and of persons and
property in the closed area. It is therefore essential that a policy be
established for governing these events which will facilitate control over them
by tile sponsor and by City officials from departments involved with the event
to safeguard persons and property.
Sec. 414-2. Definitions
The following words, when used in this chapter, shall have the meanings
herein stated, unless a different meaning clearly appears from the context:
SPECIAL EVENT - A special event is a pre-planned single event or series of
events that, because of its nature, interest, location, promotion, or any
combination of similar influences, is expected, or later found, to draw a large
number of people, sponsored by an individual or entity other than the City,
proposed to be held on public property or on private property but affecting
public property or requiring City support services, for the purpose(s) of
entertainment, celebration, amusement, cultural recognition, arts and crafts
displays and/or sales, amateur sports demonstration or competition, block
parties or similar activities generically considered recreational in nature.
Examples include, but are not limited to, ethnic festivals, street fairs,
street art shows, public celebrations, outdoor concerts, parades, road races.
LARGE NUMBER OF PEOPLE - Large number of people is any combination of
spectators or participants expected, or later found, to equal or exceed three
thousand (3,000).
PUBLIC PROPERTY - Public property is property which is owned, operated,
maintained, and/or controlled by the City which is not rental In nature.
Examples of public property include, but are not limited to, parking lots,
plazas, streets, sidewalks, and parks.
SUPPORT SERVICES - Support services are those which can or must be provided by
the City to ensure that a special event is conducted in such a manner as to
protect the safety, health, property, and general welfare of its citizens.
Examples include fire protection, crowd management and control, and traffic
management and control.
ADDITIONAL DIRECT COSTS - Additional direct costs are those incurred by the
City as a result of providing personnel support services over and above that
which can be practically or legally managed by the assignment of on-duty
personnel.
ADMISSION FEE - An admission fee is the charge to spectators to witness and
persons to participate in the special event.
CITY EVENT - An event sponsored by the City as designated by the Special Events
Advisory Committee.
SPONSOR - The individual, group of individuals, corporation or other entity
responsible for organizing the event.
Sec. 414-3. Special Events Advisory Committee
A. Purpose and Need
The purpose of the Special Events Advisory Committee ("SEAC") is to provide a
mechanism which will allow the City to plan for and coordinate special events;
which will allow for the establishment of terms and conditions under which the
event may be conducted; and will allow a sponsor to plan and manage a special
event within the context of the established terms and conditions.
The need for such a mechanism has been demonstrated over a period of years,
wherein City departments and sponsors alike have been uncertain of their
responsibilities. There is need for the City to be able to project and
coordinate personnel and financial resources and the public spaces under its
control. There is need for the City to be reimbursed for all or part of the
services provided when it is deemed appropriate and/or possible. There is need
for sponsors to receive a timely and understandable response to their requests
or proposals and to have a clear understanding of their obligations.
There is an overriding need to ensure that the mechanism will allow for, and in
fact encourage, the reasonable proliferation of the activities and events which
contribute to the economic viability of the City and the quality of life of its
citizens.
These needs can best be met by a thorough evaluation of each special event
proposal on an individual basis by a committee designed to recognize these
interests.
B. Composition of the SEAC
The SEAC shall be comprised of the following officials or their designated
representatives:
1. The Special Events Coordinator, serving as Chair of the Committee.
2. The Commissioner of Community Development.
3. The Commissioner of Police,
4. The Commissioner of Public Works.
5. The Commissioner of Street Sanitation.
6. The Commissioner of Fire.
7. The Commissioner of Neighborhoods, Housing and Inspections.
8. The Commissioner of Human Services, Parks and Recreation,
9. The Director of Budget and Management.
10. The Director of Parking Enforcement.
11. The Director of Recreation
12. The Corporation Counsel.
13 .The Common Council's Chief of Staff.
C. Special Events Coordinator
1 Position and Appointment
The Special Events Coordinator appointed by the Mayor shall act as the
coordinator for the SEAC. The Special Events Coordinator shall operate out of
the Mayor's Office.
2. Duties
Coordination responsibilities include, but are not limited to, the following:
a. Distributing Special Event Applications, Policies and Procedures,
Evaluation forms, and related information to sponsors and City departments.
b. Receiving and compiling completed applications from sponsors.
c. Distributing completed applications and costing forms to City support
departments.
d. Receiving applications and cost forms from City departments.
e. Convening and chairing the SEAC meetings.
f. Notifying event sponsors of the approval/disapproval of the request and
of conditions of approval, if any.
g. Preparing and updating an annual special events calendar.
h. Distributing the annual special events calendar to affected City
departments.
3. Vacancy
In the event of the temporary absence, vacation or disability of the Special
Events Coordinator, the Mayor shall appoint an interim Special Events
Coordinator until the absence, vacation or disability ceases.
D. Responsibilities of the SEAC
The SEAC is charged with the responsibility of reviewing, evaluating, approving
or disapproving- all special event applications as well as identifying
City-sponsored special events. The decision making process may include, but
not be limited to, the following:
1. Application of the general policy, criteria, and evaluation factors which
are a part of these policies and procedures.
2. Consideration of the City's ability to provide support in terms of personnel
resources, regardless of financial impact.
3. Consideration of the City's ability to support the event financially.
4. Consideration of the sponsor's ability to provide financial assistance.
E. Authority of the SEAC
The SEAC may:
1. Approve or disapprove of an application as submitted. If the SEAC
disapproves, the SEAC must state in writing the reason(s) for the disapproval.
2. Establish the terms and conditions for the special event. Terms and
conditions may include, but are not limited to, areas such as location, timing,
scope, and/or financial arrangements.
3 . Negotiate with a sponsor for the purpose of establishing terms and
conditions including, but not limited to, those identified in Section
414-10(D), and state in writing the final terms and conditions the City will
agree to.
F. Meetings and Timing of Meetings
Meetings shall be convened by the Special Events Coordinator periodically, for
informational purposes and/or for the purposes of evaluating and approving
applications.
G. Voting
1. Five (5) members of the SEAC shall constitute a quorum.
2. Decisions shall be made by majority vote of those members present.
Sec. 414-4. City Responsibility
The City is responsible for determining whether to issue permits and
licenses for special events and establishing guidelines for the safe and proper
conduct of such special events. To fulfill these responsibilities the City
must determine if a special event should be conducted and the terms and
conditions under which an approved event may be conducted.
Sec. 414-5. Sponsor Responsibility
It is the sponsor's responsibility to make application to conduct a
special event as provided in this article and to furnish any additional
information that may be requested. It is the sponsor's responsibility to abide
by all of the terms and conditions established as part of the approval process.
It shall be the sponsor's responsibility to provide for the protection of the
safety, health, property, and general welfare of those attending and
participating in the special event.
Sec. 414-6. Application and Cost Estimation
A. Application
The sponsor must submit an application to the SEAC at least ninety (90) days
prior to the event. The application must include a proposed budget and a
previous year's budget if such event took place in the previous year. The SEAC
may meet with the sponsor and review the obligations of various City
departments and the sponsor. The sponsor must supplement the application as
new information is learned or obtained, including the addition of sponsors.
The SEAC shall render its decision on a completed application within twenty-one
(21) days of receipt of a completed application, All permit applications and
applicable fees must be submitted thirty (30) days prior to the start of the
event, including those related to fireworks, concession stands and amusement
rides. Application forms are to be obtained from and returned to the Mayor's
Office in City Hall. Exceptions may be made for justifiable reasons upon
petition to the Special Events Coordinator.
B. City Costing Process
The completed forms will be distributed to the appropriate City departments and
agencies who will estimate the additional costs that would be incurred as a
result of the event. This information may be used in establishing- terms and
conditions under which an event may be conducted when the use of police or
other City personnel is appropriate, possible, and not in conflict with any
other administrative policies and procedures and/or labor agreements.
Sec. 414-7. Approval Process
A. Review--General
The SEAC will review, approve or disapprove each proposed special event on its
own merits considering various criteria and factors, including, but not limited
to:
1. Criteria
a. Is the proposed event considered desirable for the City?
b. Does the City have the ability to provide the required support services
regardless of who bears the cost?
c. Does the proposed special event conflict with any other proposed special
event or activity?
2. Factors to be Considered
a. What type of organization is the sponsoring organization(s)?
b. What is the intended purpose of the event?
c. What is the location and/or route?
d. When is the date?
e. What time of day is the event to be held?
f. What is the duration of the event?
g. What is the expected number of participants or anticipated size of the
crowd?
h. What type of event is it?
i. What are the potential hazards and/or loss of service in other areas of
the community which are not being served by diverting personnel resources to
cover the event?
j. Would there be a disruption of the normal flow of vehicular traffic and
inconvenience to the community?
k. Would there be a disruption of normal commercial activities?
l. Would the event establish an undesirable precedent?
m. What is the demonstrated or anticipated community interest in the
specific or similar type of event?
n. Would there be economic benefits, direct or indirect, accruing to the
public or to private sectors?
o. Is there a potential for the sponsor to generate revenue over and above
expenditures under favorable conditions?
p. What is the sponsor's intended use for any revenue above expenditures?
q. What is the degree of financial risk assumed by the sponsor?
B. Review--Costs
The SEAC will review, evaluate, and determine the costs of City support
services required for the special event that will be charged to all sponsors,
unless the SEAC waives all or any portion of these costs if such a waiver is in
the best interest of the City. The SEAC shall render any decision to waive in
writing with reasons for its decision to waive.
C. Decision
The SEAC will approve or disapprove of a proposed event and set forth any terms
and conditions applicable to an approved event.
D. Modification
The SEAC may either approve a proposed event as submitted, make unilateral
modifications or make modifications in cooperation with the sponsor.
E. Appeals
An applicant for a special event may appeal the decision of the SEAC to the
Finance Committee of the Common Council, which may recommend to the Common
Council that it overturn the decision of the SEAC after a hearing. An
applicant Must Submit its appeal by the next filing date for the Common Council
from the date of the SEAC's decision.
Sec. 414-8. Notification
The sponsor will be notified of the approval or disapproval of the
proposed event and will be advised of any terms and conditions applicable to an
approved event by return of one copy of the SEAC Approval form within
twenty-one (21) days of receipt of the completed application.
Sec. 414-9. Requirements
A. Permits and Licenses
Approval to conduct a special event by this process does not relieve the
sponsor or any participant, including but not limited to food stands, vendors,
peddlers or exhibitors, from the responsibility of applying for any other
permits or licenses or meeting any other requirements which may be applicable.
1. Fireworks
All permit, licensing and safety requirements established by the Department of
Neighborhoods, Housing and Inspections and the Department of Fire shall be
observed. The discharge of personal fireworks is not allowed.
2. Parades and Street Closings
Sponsors must apply for any and all necessary permits to have a parade or to
temporarily close a street.
B. Insurance
All events must obtain a liability insurance policy in the amount of one
million dollars ($1,000,000) with the City named as an additional insured, or a
larger amount in the discretion of the City . This insurance shall satisfy all
insurance requirements for the City. Additional insurance requirements of City
Departments shall be considered by the SEAC in formulating the amount of
coverage required. The insurance policy shall be subject to the review and
approval of the Corporation Counsel of the City.
C. Due Date
All required permits, licenses, security deposits and insurance policies must
be obtained no later than ten (10) days prior to the date of the event, with a
copy of each forwarded to Room 201 City Hall.
Sec. 414-10. Event Guidelines
A. Daily Time Restriction
The hours of operation for any special event taking place within a park shall
be between the hours of 9:00 A.M. and I 0:00 P.M. on weekdays and Saturdays and
between 1:00 P.M. and 10:00 P.M. on Sundays. The hours of operation for any
special event taking place on the streets of the City shall be between 9:00
A.M. and I 1:00 P.M. on any day of the week.
B. Site Maintenance
All areas used must be left in a clean condition. The Department of Street
Sanitation or the Department of Human Services, Parks and Recreation will
provide trash cans and dumpsters for the event. The number required will be
determined by review of each event by the SEAC. The sponsor must provide
plastic bags for trash cans. The Department of Street Sanitation 'de
additional sanitation services, subject to conditions set by the Commissioner
of may prove 11
Street Sanitation before or after events. The sponsor must secure right of way
access for all services provided by the City.
1 . Clean-up Time
Pre-event and post-event inspections will be performed by representatives of
the sponsor and the SEAC. Clean-up Must be completed by 12:00 Noon on the day
following the event. Events which utilize amusement rides are allowed until
4:00 P.M. on the day following the event.
C. Services Available from the City
The City will provide certain equipment and materials to facilitate comfort and
control over the event, subject to availability and the City's prior need for
such equipment and materials. Exceptions for these services may be made for
justifiable reasons upon petition to the SEAC.
1. Temporary Parking Signs
All temporary paper signs for restricting parking must be posted twenty-four
(24) hours in advance and maintained by tile sponsor. Requests for the
necessary materials should be directed to the Division of Parking Enforcement.
Any usage of temporary signs without the authorization of the Division of
Parking Enforcement will be neither recognized nor enforced. Upon the event's
completion, all paper signs must be taken down by the sponsor,
2. Barricades
All barricades should be requested from the Department of Public Works. When
the equipment is provided, the sponsor must sign for the barricades, The
sponsor shall also be responsible for picking up, setting up, breaking down and
delivering the equipment both to and from the Department of Public Works
storage site. The cost of replacing lost or damaged barricades lies with the
sponsor.
3. Snowfencing
If necessary, all snowfencing should be requested from the Division of Parks.
The sponsor shall be responsible for setting up and breaking down the
equipment. The Division of Parks will deliver and pick up the equipment. A
security deposit paid to the City may be required in the form of a check
payable to "The City of Buffalo Special Events" in an amount determined by the
Division of Parks. A copy of the receipt and check must be mailed to the
Mayor's Office, Room 201 City Hall.
4. Bandshell Rental
A rental fee per day as provided in Chapter 175, Fees, shall be charged for the
use of the bandshell. A rental fee paid to the City in the form of a check
payable to "The City of Buffalo - Special Events". The check shall be
delivered to the Division of Parks. A copy of the receipt and check must be
mailed to the Mayor's Office, Room 201 City Hall. The Department of Human
Services, Parks and Recreation will set up, maintain and take down the
bandshell. The sponsor must provide security.
5. Fees
A fee for furnishing security services at special events shall be charged for
each 3,000 persons in attendance at the event, as provided in Chapter 175,
Fees.
D. Additional Services
The sponsor may be responsible for providing some additional services during
the event, including but not limited to the following,:
1. Security
The amount and type of security necessary will be determined by the SEAC, upon
review of the event application and the Department of Police's recommendation.
Private security must be obtained pursuant to the recommendations of the SEAC.
2. Emergency Medical Services
The sponsor must provide a designated emergency medical service area or areas
as needed. The sponsor shall meet all guidelines imposed by the New York State
Department of Health. If an event expects an estimated crowd of five thousand
(5,000) people or more, the sponsor must submit proof of contracted medical
services to the SEAC before the issuance of any City permit or license. The
Department of Fire will not station personnel on the event site for the purpose
of providing first aid.
3 . Utilities
The sponsor is responsible for payment for any utility use, with payment made
directly to the affected department or utility provider. Where available,
meters will be checked before and after the event by a City representative and
the sponsor. The affected department shall render to the SEAC, and the
Committee shall report to the sponsor, an initial estimate of the cost for
furnishing utilities, and the SEAC shall create as soon as possible an invoice,
if possible, for the actual cost of utilities used during the special event and
render that invoice to the sponsor.
4. Restroom Facilities
The SEAC will determine reasonable guidelines for portable bathrooms.
Financial responsibility for obtaining facilities rests with the sponsor. The
sponsor must provide supervision for any park restroom open after 4:00 P.M.
E Banners and Signage
Any banner to be hung over the streets of the City in relation to a special
event must obtain the approval of the SEAC and the Department of Public Works
before it can be erected. All signage placed for the event should follow any
and all requirements for signs allowable under applicable law. The sponsor
shall be responsible for erecting and dismantling any signage or banners it is
permitted to hang.
F. Other Restrictions
The following are prohibited within the confines of any special event:
1. Overnight camping in City parks, except for authorized uses related to
the nature of the event with the permission of the Commissioner of Human
Service, Parks and Recreation.
2. Unlicensed gambling or illegal games of chance.
3. Littering and the use of glass containers.
4. Open fires that are not under the guidelines established by the Fire
Prevention Bureau.
Sec. 414-11. Evaluations
Departments that participated in an approved special event shall submit to the
chairperson of the SEAC internal evaluation forms within seven (7) days after
the conclusion of the event. Departments shall submit amendments to their
evaluations as the departments receive additional facts.
Sec. 414-12. Penalties
A. Fine
Special events shall not be held without the authorization of the SEAC nor held
in contravention of the terms and conditions set forth by the SEAC (excluding
reversions by the Common Council on appeal pursuant to Section 414-7(E)).
Violation of this ordinance shall subject the sponsor to a fine of five hundred
dollars ($500.00) in addition to any other penalty provided in the ordinances
or in any other law on account of commencement of said special events without
required permits, licenses or authorization.
B. Closing of Unauthorized Special Events
The Commissioner of Police may close any special event conducted without
authorization of the SEAC and the sponsors and participants may be subject to
arrest.
Sec. 414-13. Exclusion From Policy
A. Events
1. Events initiated by and/or sponsored or cosponsored by the City are
excluded from the provisions of this policy.
a. Notwithstanding the exclusion of City events, any City event
requiring significant support service assistance from any department or agency
other than the sponsoring department shall be subject to application and
costing procedures. The purpose of this provision is to assist all departments
and agencies in overall resource and financial planning and processes.
2. Events that are held entirely within the jurisdiction of the Division of
Parks that involve less than a large number of people or do not require the
intervention of any other City department shall be deemed an event sponsored or
co-sponsored by the City for purposes of this ordinance and shall be regulated
by the Division of Parks and governed by Section 414-12(A)(1). Applications for
such events shall be collected by the Division of Parks, which shall refer
matters outside of this exemption to the SEAC.
Sec. 414-14. Effective Date
Pursuant to Section 35 of the Charter, this ordinance is effective
immediately upon its adoption. The SEAC shall give a waiver of the application
deadline of Section 414-6(A) to sponsors of events proposed to begin within
ninety (90) days from this effective date.
APPROVED AS TO FORM
Edward Peace
Corporation Counsel
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 82
By: Mr. Pitts
Ordinance Amendment Chapter 175 - Fees
The Common Council of the City of Buffalo does hereby ordain as
follows:
That Chapter 175, Fees, of the Code of the City of Buffalo be amended to read
as follows:
Chapter 414, Special Events Fee
414-11 - services
Bandshell Rental, $400.00
per day
Per 3,000 persons $100.00
in the aggregate in
attendance during the
special event
APPROVED AS TO FORM
Edward Peace
Corporation Counsel
NOTE: Matter in brackets [ ] to be deleted; matter underlined is new.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 83
By: Mr. Pitts
City of Buffalo
Local Law No. (1996)
Introductory No. 1 (1996)
A LOCAL LAW amending Article 24 Of the Charter of the City of Buffalo
in relation to the salaries of elective officers.
BE IT ENACTED BY THE COMMON COUNCIL OF THE CITY OF BUFFALO AS FOLLOWS:
Section 1. That Article 24 of the Charter of the City of Buffalo, adopted
pursuant to law, is hereby amended to read as follows:
(a) By amending the second paragraph of section 451 to read:
The council shall designate a majority leader and a minority leader, each
of whom shall serve at the pleasure of the council. Any council member serving
as majority leader shall receive, in addition to the salary above provided, the
annual sum of five thousand dollars, and any council member serving as minority
leader shall receive, in addition to the salary above provided, the annual sum
of twenty-five hundred dollars, said sums to be paid such majority leader or
minority leader, respectively, only while performing the additional duties.
Any council member serving as and performing the additional duties of chairman
of the following committees of the common council shall receive, in addition to
the salary above provided, the annual sum of one thousand
dollars: chairman of finance committee; chairman of legislation committee;
chairman of civil service committee, chairman of [economic] community
development committee[;]and chairman of claims committee [and chairman of urban
renewal committee].
Section 2. This local law shall take effect immediately.
IT IS HEREBY CERTIFIED, pursuant to Section 20 of the Municipal Home Rule
Law, that the immediate passage of this Local Law 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. 84
By: Mr. Pitts
Authorize Acceptance of the USEPA
Redevelopment Initiative Grant Award
Whereas, EPA has awarded the City of Buffalo $200,000 to procure
funds to develop innovative management plans addressing rapid assessment of
sites that pose a potential threat to human health and the environment, conduct
environmental site assessments, and coordinate public outreach activities; and
Whereas, the City of Buffalo Urban Renewal Agency (BURA) has
traditionally administered and managed federal funds for the City of Buffalo.
Now, therefore, be it resolved by the Common Council of the City of Buffalo
that:
The Mayor be, and hereby is, authorized on behalf of the City of Buffalo
to accept Brownfields Redevelopment Initiative Grant funds tendered by USEPA;
The Mayor is authorized to enter into all necessary agreements and
contracts to assure the prompt and expeditious implementation of the project;
The Mayor is further authorized to execute such other actions as may be
necessary to effectuate the purpose of the Brownfields Redevelopment Initiative
Grant, and this resolution;
The City comptroller be directed to establish an appropriate account,
which shall be for the receipt of Brownfields Redevelopment Initiative Grant
funds;
The Common Council authorizes the designation of BURA as recipient and
administrative body for the Brownfields Redevelopment Initiative Grant;
The Mayor is authorized to enter into an assignment agreement with BURA
for the Brownfields Redevelopment Initiative Grant funds;
The Common Council directs the City Comptroller and the City Treasurer,
upon receipt of the Brownfields Redevelopment Initiative Grant funds, to
transfer said funds to the appropriate BURA account; and
The Chairman of BURA is authorized to receive and expend said grant funds
in accordance with the terms and conditions of the grant agreement with EPA.
PASSED.
AYES- 13 NOES-0.
No. 85
By: Mr. Pitts
Info USEPA Brownfields
Redevelopment Initiative Grant Award
The United States Environmental Protection Agency (EPA) has awarded
the City of Buffalo a Brownfields Redevelopment Initiative Grant Award totaling
$200,000. The Brownfields grant funds are to he used by the Buffalo Office for
the Environment to develop innovative management plans addressing assessment of
sites that pose contamination concerns, while fostering economic redevelopment.
Grant funds will be expended over the two year grant period thorough both the
City and BURA:
BURA Personnel (salary and fringe benefits) $155, 320
City All other grant activities: $ 44, 680
(site assessment and public outreach activities)
We request your Honorable Body approve an appropriate resolution
authorizing acceptance of this grant by the City, authorizing EPA and the Mayor
of the City of Buffalo to execute a project agreement with documents that may
be necessary for receipt of said grant, and instructing the City Comptroller to
establish an appropriate account to receive grant funds.
Additionally, since personnel will reside in BURA we request that the
approving resolution also designate BURA as grant recipient and administrative
body to receive and expend funds in accordance with grant agreement between the
City of Buffalo and United States Environmental Protection Agency and that the
City Comptroller transfer funds to the appropriate BURA account for
expenditure.
REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT AND THE BUFFALO
ENVIRONMENTAL MANAGEMENT COMMISSION.
No. 86
By: Mr. Pitts and Mrs. Williams
Waiver of Street Improvements Lakefront Boulevard
Whereas; The Lakefront Commons a housing development located in
LaSalle Park was built upon an approved extension of Lakefront Boulevard in
1986; and
Whereas: The Developer never completed the extended road to City of Buffalo
specifications; and
Whereas: While the original Developer has sold his interest to the property,
the road remains an unfinished issue. Residents are very upset and are
inconvenienced by the road condition; and
Whereas: It is in the City of Buffalo's best interest to keep Lakefront
Commons a viable housing complex, fully occupied.
Now Therefore Be It Resolved That:
The Common Council request the Commissioner of Public Works to
waiver requirements for Public Improvements at Lakefront Boulevard under
special circumstances.
Further Be It Resolved That:
The Lakefront Boulevard become a dedicated street in accordance with
provisions approved by the Public Works Department and City Planning Board.
Finally Be It Resolved That:
The Common Council approve the allocation of $125,000 for specifications
and improvement of the extension of Lakefront Boulevard
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 87
By: Messrs. Zuchlewski, Pitts and Mrs. LoTempio
Oppose Budget Cuts - Buffalo Psychiatric Center
Whereas: Among the proposals in New York State Governor George
Pataki's budget recommendations is a reduction of approximately $9 million in
operating funds for the Buffalo Psychiatric Center; and
Whereas: This reduction is to be achieved through staff cuts totaling
approximately 25% of the workforce (150 to 200 employees) and a 30% reduction
in clients (approximately 100). Since the closing of the State's Gowanda
facility a few years ago, the Buffalo Psychiatric Center has been caring for
clients from not only Erie, but also Niagara, Cattaraugus, and Chautauqua
Counties; and
Whereas: In real numbers, the staffing currently totals approximately 979,
with projected reductions to approximately 630 by April, 1997; clients, which
totaled 392 in 1994, currently number 345 and will be reduced to approximately
250 by April, 1996. The area hardest hit by staff cuts will be in Direct Care
Support for outpatients, involving nurses, counselors, social workers,
therapists, recreation aids, and similar professionals. and
Whereas: These proposals for staff cuts are being made at the same time that
a new $92,000 a year deputy director will be appointed in an administrative -
not medical or care related - capacity. This deputy director position has been
vacant since 1990; and
Whereas: The budget reduction proposals are shortsighted and victimizes both
the most essential employees and the clients in need of their services. No
alternative plans have been made to care for the clients, and all indications
are that they will be put out on the street with no support; and
Whereas: The impact on the clients in need of care, the impact on the
general economy of the City of Buffalo, and the specific impact on the economy
of the Elmwood area are all negative factors and lend to the urgency to rethink
the proposal to make such drastic cuts;
Now, Therefore, Be It Resolved:
That the Common Council of the City of Buffalo officially state its
opposition to the proposed cuts in staff and services at the Buffalo
Psychiatric Center; and
Be it Further Resolved:
That this Council request that the New York State Department of Mental
Health file a report with this Body detailing its plans to provide services for
the displaced patients; and
Be it Finally Resolved:
That the City Clerk certify passage of this resolution and forward copies
thereof to James L. Stone, Commissioner of the New York State Department of
Mental Health, Governor George Pataki, Dr. George Molnar, Director of the
Buffalo Psychiatric Center, and to the members of the Western New York
Delegation to the New York State Legislature.
ADOPTED.
No. 88
By: Mr. Zuchlewski
Update on Downtown Traffic Study
Whereas: Downtown Buffalo has a number of one way streets which
are a virtual maze to tourists and residents alike, making downtown a place
which has been avoided by innumerable groups of people, and
Whereas: The problems of downtown traffic flow have been magnified since the
closing of Main street to traffic since the opening of the Rapid Transit, and
Whereas: Streets such as Ellicott, Washington, Pearl, Franklin, Swan and
Seneca seem to be wide enough to accommodate two way traffic that would help
make downtown more "user friendly" and break the maze of traffic patterns, and
Whereas: It may be possible to create more of a traffic flow across Main St.
which would give pedestrians along the mail a greater sense of security
Whereas: $35,000 in year 19 CDBG funds were allocated to the Division of
Planning to conduct a study of downtown traffic circulation, and
Whereas: The New York State Department of Transportation is also conducting
a study of signalization in the downtown area,
Now, Therefore, Be It Resolved:
That this Common Council request the Department of Community Development
and the New York State DOT for an update on their studies of traffic and
signals in downtown Buffalo and any preliminary findings.
REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT, THE COMMISSIONER OF
COMMUNITY DEVELOPMENT AND THE NEW YORK STATE DEPARTMENT OF TRANSPORTATION.
No. 89
By: Mr. Zuchlewski
Appointments Commissioner of Deeds
Required-Performance of Public Duties
That the following persons are hereby appointed as Commissioner
of Deeds for the term ending December 31, 1996, conditional upon the person so
appointed certifying, under oath, to their qualifications and filing same with
the City Clerk:
Rebecca A. Kelly
Jennifer Fecio-McDougall
Brian A. Gould
Beverly Gray
Barbra A. Kavanaugh
Rosemarie B. LoTempio
Donna L. Mohan-Grace
Betty J. Grant
Richard Gray,Jr.
Valerie Ruff
Hallie A. Weissfeld
Joan M. Wilson
Paul W. Buchanan
Henry A. Kornik
ADOPTED.
No. 90
By:Mr. Zuchlewski
Refer URAC & Economic Dev. Items
Whereas: The Common Council has eliminated the Committees on Urban
Renewal and Economic Development for the year 1996. and
Whereas: The Common Council has created a new committee on Community
Development to address issues related to economic and urban development; and
Therefore Be It Resolved:
That all item presently tabled in the Urban Renewal and Economic Development
committee be referred to the Committee on Community Development.
Be It Further Resolved:
That the Special Committee on Education is now a regular committee known as the
Education Committee and the Special Committee on CATV is now called the
Telecommunications Committee.
ADOPTED.
No. 91
Announcement of Committee Meetings
The following meetings are scheduled. All meetings are held in
the Council Chambers, 13th floor, City Hall, Buffalo, New York, unless
otherwise noted.
Regular Committees
Civil Service Tuesday, January 16, 1996 9:30 A.M.
Finance Tues., Jan 16, 1996 - following Civil Service
Legislation Tuesday, January 16, 1996 2:00 P.M.
Community Dev. Wed., January 17, 1996, 10:00 A.M.
Education Wed., January 17, 1996 ( following C.D)
No. 92
Adjournment
On a motion by Mrs. LoTempio, second by Mrs. Gray, the Council
adjourned at 3:44 p.m.
Charles L. Michaux, III
City Clerk