HomeMy WebLinkAbout96-0123
No. 2
Common Council
Proceedings
of the
City of Buffalo
Regular Meeting, January 23, 1996
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 23, 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 January 9, 1996 were approved.
FROM THE MAYOR
No. 1
Designation of Nominee for Appointment to the
Board of Trustees of the Buffalo and Erie County Library
Pursuant to Section 6212 of the Unconsolidated Laws, being Chapter
768, Section 2 of the Laws of 1953, transmitted herewith is my designated
nominee, Salvatore R. Martoche, residing at 232 Lincoln Parkway, Buffalo, New
York 14216, for reappointment to the Board of Trustees of the Buffalo and Erie
County Public Library. The County Executive, subject to confirmation by the
County Legislature, will appoint said nominee for a term expiring December 31,
2000.
Salvatore R. Martoche 232 Lincoln Parkway Buffalo, N.Y. 14216
Mr. Martoche is a nationally prominent attorney and government official.
He served as Acting Director of the Office of Thrift Supervision (OTS), at the
request of President Bush and previous to this served as Assistant Secretary
for Enforcement at the United States Treasury Department. Salvatore R.
Martoche's contribution to the nation New York State and Western New York are
too numerous to mention, but I am sure everyone is aware of He now practices
law in Buffalo where he works in areas such as bank regulatory and compliance
matters, municipal finance, and litigation.
Mr. Martoche is active in many civic and charitable activities, such as
Canisius College Alumni Association, United Way of Buffalo and Erie County,
Western New Public Broadcasting, etc.
I hereby certify that the above designee is fully qualified to serve as a
member of the Board of Trustees of the Buffalo and Erie County Library.
REFERRED TO THE COMMITTEE ON LEGISLATION.
FROM THE MAYOR - EXECUTIVE DEPARTMENT
FROM THE CITY PLANNING BOARD
No. 2
R. Restorff, Request to Rezone 736-756 Kenmore
Ave. from R3 to CM Under Special Development
Plan No. 25
Item No. 84, C.C.P. 12/12/95
The City Planning Board at its regular meeting held Tuesday.
January 16, 1996, considered the matter captioned above pursuant to Section
511-126 of the Buffalo Code, Amendments to the Zoning Ordinance.
The applicant seeks to rezone the property referenced above to allow for
the expansion of his garden center and landscaping service. The use is
considered a legal non-conforming use since it has been in operation prior to
the enactment of the zoning provisions of the Buffalo Code. The area to be
rezoned is 26,250 square feet.
While the Planning Board found no objection to the proposed rezoning,
concerns arose over the future use of the area being rezoned. and possible
negative effects the new zoning classification could have on surrounding
residential development.
In order to mitigate possible land use conflicts, it is recommended that
Special Development Plan No. 25 be adopted as follows:
Special Development Plan, Serial Number 25
R. Restorff, Petition to Rezone 736 to 756 Kenmore Avenue
(Item No. 84, C.C.P., December 12, 1995)
WHEREAS, a petition was filed with the Common Council to change
the zoning classification of 736 to 756 Kenmore Avenue from R3 to CM; and
WHEREAS, the petition was referred to the Committee on Legislation which
held a bearing on the matter on December 19, 1995; and
WHEREAS, the petition was referred to the City Planning Board which
reviewed the matter on December 19, 1995 and January 16, 1996; and
WHEREAS, the City Planning Board recommended rezoning to a CM zone
subject to the Special Development Plan procedure of the Buffalo Code;
NOW, THEREFORE, the Common Council of the City of Buffalo ordains as
follows:
That Section 511-126 of the Buffalo Code, as it relates to the use map
thereof, is hereby amended to allow a CM zone instead of a R3 zone for the
property known as 536-576 Kenmore Avenue, Buffalo, New York, more particularly
described as follows:
ALL THAT PLOT OF LAND situated in the City of Buffalo, County of Erie and State
of New York, being part of Lot Number seventy-four (74). Township eleven (11),
Range eight (8) of the Holland Land Company's Survey and further distinguished
as Subdivision Lots Number one (1), two (2), three (3) and four (4) in Block
"B" as shown on a map filed in the Erie County Clerk's Office under Cover
Number 371, being one hundred twenty-one (121) feet front and rear by one
hundred twenty (120) feet in depth, situate on the south line of Kenmore Avenue
at its intersection with the east line of Newport Avenue; and
ALSO ALL THAT TRACT OR PARCEL OF LAND situate in the City of Buffalo, County of
Erie, State of New York, being part of Lot No. 74 in Township 11 and Range 8 of
the Holland Land Company's Survey, and further distinguished on a map filed
under Cover 1370 in the Erie County Clerk's Office as being Subdivision Lots
Numbers 87, 88, and 89, and being 116.91 feet on the south side of Kenmore
Avenue at the west corner of Coburg Street;
WHEREAS, under the aforesaid Special Development Plan, pursuant to the
provisions of the Buffalo Code, this Special Development Plan shall be known as
"Special Development Plan, Serial No. 2511, and detailed in drawings submitted
by the applicant hereto and incorporated herein, the following conditions and
limitations are placed upon the above described premises:
1. The following shall be permitted uses in Special Development Plan 25:
a. Any use first permitted in the C1 "Neighborhood Business Zone."
b. A garden center and landscape service with the outside storage of garden
materials shall be permitted under Special Development Plan No. 25.
2. That Special Development Plan No. 25 ,shall take effect on
3 . No modification of this Special Development Plan shall be permitted
except upon application, as for rezonings under Section 511-125 of Article XXV
of the Buffalo Code with notice and public hearing.
4. Any building or use permit issued for the property involved in Special
Development Plan No. 25 shall conform to the requirements of the plan as
approved, in which case the permit shall contain all conditions and limitations
placed thereon by the Common Council. If a building permit is not issued
within six (6) months of the Common Council's approval, said approval shall be
void and the zoning classification shall be as it was when the petition for the
plan was filed.
5. As a condition to the issuance of any and all permits by the City of
Buffalo, the petitioner shall be required to comply with all pertinent
ordinances, statutes, rules and regulations.
RECEIVED AND FILED.
No. 3
Farnsworth Florist, Request to Convert Office
Space into a Sit-In Restaurant at 138 Allen Street
Item No. 88 C.C.P., 12/12/95
The City Planning Board at its regular meeting held Tuesday.
January 16, 1996. voted to receive and file the matter captioned above since
your Honorable Body has already approved the matter at your meeting of December
26, 1995 (Item No. 127).
RECEIVED AND FILED.
No. 4
D. Leone, Request to Convert an Existing
Restaurant into a Sit-In Restaurant at 976
Elmwood Ave.
Item No. 54, C.C.P. 1/9/96
The City Planning Board at its regular meeting held Tuesday, January
16, 1996, considered the matter captioned above pursuant to Section 511-56 of
the Buffalo Code, Restricted Uses in the Elmwood Business District.
The applicant seeks to expand an existing take-out restaurant to include
a sit-in component. The site is located in the Elmwood Business District which
considers the expansion of eating and drinking places to be restricted uses
which require the approval of your Honorable Body. The restaurant will be
approximately 3,500 square feet in gross floor area. Under the Buffalo Code 3
off-street parking spaces are suggested. Lastly, under SEQR the proposed
restaurant expansion is considered a Type II action which does not require
further environmental review.
The Planning Board voted to approve the applicant's proposal.
RECEIVED AND FILED.
No. 5
B.K.C,. Associates, Request to Convert a
Store into a Take-out Restaurant-2189 Seneca St.
Item No. 56, C.C.P., 1/9/96
The City Planning Board at its regular meeting held Tuesday, January
16, 1996, considered the matter captioned above pursuant to Section 511-64 and
133 of the Buffalo Code, Restricted Uses in the Seneca-Cazenovia Zoning
District and the Seneca Street Urban Renewal District.
The applicant seeks to convert a store into a take-out restaurant. The
site is located in the Seneca-Cazenovia District which considers the
establishment of eating and drinking places to be restricted uses which require
the approval of your Honorable Body. The Seneca Street Urban Renewal
designation does not prohibit such uses. The restaurant will be approximately
3,400 square feet in gross floor area. Under the Buffalo Code, 23 off-street
parking spaces are suggested. Lastly, under SEQR the proposed restaurant
expansion is considered a Type II action which does not require further
environmental review.
The Planning Board voted to approve the applicant's proposal.
RECEIVED AND FILED.
FROM THE BOARD OF PARKING
No. 6
Not-For-Profit Manage Pkg. Ramps
Item #67 C.C.P., December 26, 1995
Item #68 C.C.P., December 26 1995
The Board of Parking at its regular monthly meeting of January
17, 1996 unanimously passed the following resolutions:
To support the research currently being done by Downtown Parking Policy
Committee and the Common Council. Also, we agree and support the idea that the
City's Parking Policies are fragmented. Further, that decision and policy
making should be under one, entity, the Board of Parking.
REFERRED TO THE COMMITTEE ON FINANCE.
FROM THE BOARD OF STADIUM AND AUDITORIUM
No. 7
Free Use of Memorial Auditorium To The Skating Association For The Blind &
Handicapped- "Annual Benefit Ice Shows"
The Board of Stadium and Auditorium has once again received a
request from the Skating Association For The Blind & Handicapped for free use
of Memorial Auditorium on Saturday, March 2, 1996 to present their "Annual
Benefit Ice Shows".
The Skating Association For The Blind & Handicapped (S.A.B.A.H.) is a
not-for-profit organization assisting handicap persons through instruction and
development of skating skills.
S.A.B.A.H. is again requesting to be exempt from the 5% City ticket
surcharge this year.
S.A.B.A.H. has agreed to supply the necessary insurance coverage, proper
security and as mandates by New York State Law, have medical personnel on
staff.
The Board of Stadium and Auditorium hereby recommends that your Honorable
Body approve the free use of Memorial Auditorium on Saturday, March 2, 1996 to
the Skating Association For The Blind & Handicapped for their "Annual Benefit
Ice Shows" and that the 5% City ticket surcharge be waived.
Mrs. LoTempio moved:
That the communication from the Board of Stadium and Auditorium, dated
January 17, 1996, be received and filed; and
That the Board of Stadium and Auditorium be, and it hereby is, authorized
to grant free use of Memorial Auditorium on Saturday, March 2, 1996 to present
the Skating Association for the Blind & Handicapped (S.A.B.A.H.) "Annual
Benefit Ice Shows" on the condition that S.A.B.A.H. provide the necessary
certificate of insurance, the necessary security and comply with the New York
State Health Code regarding emergency medical staffing. The 5 % City ticket
surcharge will be waived for this year.
PASSED.
AYES- 13 NOES- 0.
FROM THE COMPTROLLER
No. 8
Certificate of Necessity
Increased Appropriation
City Revenue
Division of Collections
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 $30,000 in the estimates for the fiscal year beginning July 1, 1995
is necessary in Appropriation Allotments - Department of Audit and Control,
Division of Collections, 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 an increase of $30,000 in the General Fund City
Revenue account 100-04-4, 402-61400 Collection Processing Charges not otherwise
appropriated for any other purpose. The detail of the requirements are set
forth below:
Dated: Buffalo, NY, January 8, 1996
RECEIVED AND FILED.
No. 9
Certificate of Necessity
Transfer of Funds
Exempt Items - Reserve for Capital Improvements
Capital Projects Fund - Division of Buildings
We, Anthony M. Masiello, Mayor and Joel A. Giambra, Comptroller,
do hereby certify, pursuant to Section 42 of the Charter, that it is necessary
that the sum of $145.46 be transferred and reappropriated from the Reserve for
Capita) Improvements in Appropriation Allotments - Exempt Items, as set forth
below:
The amounts to be transferred are unexpended balances of items contained
in the budget for the current fiscal year and will not be needed at this time
for the purpose for which they were appropriated.
Dated Buffalo, NY, January 8, 1996
RECEIVED AND FILED.
No. 10
Report of Audit
Parks Department - Golf Courses
Item No. 220, C.C.P. 09/19/95
In response to the directive requiring the Comptroller to file
audit reports with the Common Council, I hereby submit copies of the Parks
Department, Golf Courses, audit report for the period July 1, 1993 to June 30,
1995.
Our audit findings include on-site observations made at the City's three
(3) courses on 6/24, 6/28, and 8/23/95 and include recommendations in the
following areas:
Cash Handling
Course Operations
Pinpoint System
REFERRED TO THE COMMITTEE ON FINANCE, THE COMMISSIONER OF HUMAN SERVICES, PARKS
AND RECREATION AND COMMISSIONER OF ADMINISTRATION AND FINANCE.
No. 11
Result of Negotiations
135 Bennett Street
Vacant Lot: 25' x 132'
Assessed Valuation: $1,300
242 Cedar Street
Vacant Lot: 25' x 132'
Assessed Valuation: $1,300
The Office of the Comptroller, Division of Real Estate, has received
a request from Rev. Joe L. Fisher of Pleasant Grove Baptist Church, 226 Cedar
Street, Buffalo, New York 14204, to purchase the above captioned vacant lots.
The subject properties are adjacent to the Church's property and they intend to
use said property in conjunction with Church expansion and improvements.
An independent appraisal of the properties was conducted by Howard P.
Schultz, MAI, 288 Linwood Avenue, Buffalo, New York 14209. He has estimated
the fair market value of the properties to be Fourteen Hundred Dollars
($1,400). This represents approximately Twenty-One Cents (.21) a square foot
for the subject properties . The Division of Real Estate concurs with the
appraisers estimate of value.
The results of our negotiations are that Pleasant Grove Baptist Church
has agreed and is prepared to pay Fourteen Hundred Dollars ($1,400.00) for the
two vacant lots. They have also agreed to pay for the cost of the appraisal,
recording fees, transfer tax and cost of the legal description.
I am recommending that Your Honorable Body approve the offer of Pleasant
Grove Baptist Church in the amount of Fourteen Hundred Dollars ($1,400). I am
further recommending that the Corporation Counsel prepare the necessary
documents for the transfer of title and that the Mayor be authorized to execute
the same.
REFERRED TO THE COMMITTEE ON FINANCE AND CORPORATION COUNSEL.
No. 12
Request Approval-Compromise Invoice
# 100-401-ARKS0034-94 (J.B. Hunt Transport)
This is to request approval for the compromise settlement of City
of Buffalo Invoice # 100-401-ARKS0034-94, issued to J.B. Hunt Transportation
Inc. in the amount of $3,736.76.
The invoice is for damage to a street light in a motor vehicle accident
on 2/18/95.
The delinquent invoice was referred to Amana Capital Corporation on
9/15/95, and the collection agency has been in negotiation with the debtor.
The company has offered to settle the invoice for the sum of $ 2,265.74. The
collection agency commission of 21% of the amount collected will be deducted
and paid to Amana.
The Director of Collections has reviewed and discussed this matter with
the Department of Law.
The basis for this recommendation is the questionable liability of J.B.
Hunt for the City's damages. Specifically, the police accident report ' does
not offer a positive identification of a J.B. Hunt vehicle causing the City's
damages. The identification of the truck involved was based on a witness
account provided to police at the scene. J.B. Hunt has interviewed the witness
and found that the witness makes contradictory statements regarding the truck's
make and style. Therefore, the company will not acknowledge full liability and
has made the compromise offer of 60%. Attached is a copy of the police report.
It is recommended that the Common Council approve this settlement offer,
as payment in full, considering the costs of alternative litigation, and the
doubtful basis on which full liability must be proven.
REFERRED TO THE COMMITTEE ON FINANCE AND CORPORATION COUNSEL.
No. 13
Request Info on Consultant and Engineering Contracts
Item No. 155, C.C.P. 12/26/95
The Common Council requested that the Comptroller provide a report
of all consultant and engineering contracts for:
1. Department of Public Works - Buildings, Engineering and Water
2. Department of Street Sanitation
3. Community Development
4. Buffalo Sewer Authority
for the past four (4) years and the fees associated with each.
The attached report consists of two parts. Pages one through five list
GENERAL FUND expenditures from the 573 (Engineering and Technical Services)
account from fiscal year 1989 90 to current encumbrances, by DEPARTMENT. This
list contains all departments, not just the following requested departments:
Department 402 - Building
Department 980 and 982 - Water
Sewer has separate page
Pages six through fourteen list expenditures from the CAPITAL PROJECTS
FUND. These pages list expenditures by the requested departments for the last
four (4) fiscal years.
Although we used due diligence in amassing this information, this report
was done under time constraints so available records and worksheets were used
to gather the information. An all encompassing list of every single consultant
or engineering contract into which the City or Sewer Authority has entered
during the above stated time periods would require many man-hours of both City
and Sewer Authority personnel. If you require additional information to
conduct a feasibility report, both the City and Sewer Authority personnel would
be available to assist.
REFERRED TO THE COMMITTEE ON FINANCE.
FROM THE PRESIDENT OF THE COUNCIL
No. 14
Appt. Member Preservation Board.
I would like to appoint Ms. Alison F. Kimberly to the Buffalo
Preservation Board.
As the Residential Historic District representative, Ms. Kimberly is more
than qualified. She has resided in the historic Allentown area for many years.
Over the years as a business person and community activist, Ms. Kimberly has
served on numerous public boards and has a fundamental understanding of
preservation and community development,
Ms. Kimberly will indeed be an asset to the Board.
Mrs. LoTempio moved:
That the communication from the Office of the Council President, dated
January 10, 1996, be received and filed; and
That the appointment of Alison F. Kimberly, as a member of the Buffalo
Preservation Board, be and hereby is confirmed.
ADOPTED.
FROM THE COMMISSIONER OF ASSESSMENT
No. 15
Certificate of Appointment
Appointment Effective January 10, 1996 in the Department of Assessment,
Linda L Hardy, 112 Cottage St., Buffalo NY 14201, to the Position of Senior
Account Clerk Stenographer Provisional, at the Maximum Starting Salary of
$25,135.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
FROM THE COMMISSIONER OF PUBLIC WORKS
No. 16
Notification Serial #8569
Repeal of No Parking on East Street,
east side from Amherst Street
to a point 400' north therefrom
NO PARKING - REPEAL
In conformity with Section 49 of Chapter 479 of the Ordinances of the
City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this
action supplementing, amending, or repealing existing provisions of Chapter 479
of the Ordinances, as stated below, to be effective forty five days after the
first Council meeting at which they appear on the agenda as an item business.
That that part of Subdivision 23 Section 15 of Chapter 479 of Ordinances
of the City of Buffalo be supplemented by repealing therefrom the following: NO
PARKING
PROHIBITED PORTION HIGHWAY PROHIBITED PERIOD
East Street, east side 9:00 a.m. - 4:00 p.m.
from Amherst Street Monday to Friday
to a point 400' north therefrom
This action is being taken to update our records and provide consistency
with current field conditions.
Notification Serial #8570
Stop Signs in Berrick Alley at Swan Street
Item No. 9; C.C.P. 12/12/95
STOP SIGNS -REPEAL
In conformity with Section 49 of Chapter 479 of the Ordinances of the
City of Buffalo, the City Engineer hereby notifies
Your Honorable Body of this action supplementing, amending, or repealing
existing provisions of Chapter 479 of the Ordinances, as stated below, to be
effective forty five days after the first Council meeting at which they appear
on the agenda as an item business.
That that part of Subdivision 9 Section 11 of Chapter 479 of Ordinances
of the City of Buffalo be supplemented by adding thereto the following: STOP
SIGNS
VEHICLES ON SHALL STOP BEFORE ENTERING
Berrick Alley Swan Street
This action is being taken in accordance with the abandonment and sale of
Berrick Alley to a private owner.
Notification Serial #8571
Repeal of No Standing on East and West Sides
between Swan Street and Seneca Street
Item No. 9; C.C.P. 12/12/95
NO STANDING - REPEAL
In conformity with Section 49 of Chapter 479 of the Ordinances of the
City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this
action supplementing, amending, or repealing existing provisions of Chapter 479
of the Ordinances, as stated below, to be effective forty five days after the
first Council meeting at which they appear on the agenda as an item business.
That that part of Subdivision 22 Section 15 of Chapter 479 of Ordinances
of the City of Buffalo be supplemented by repealing therefrom the following: NO
STANDING
PROHIBITED PTN HWY PROHIBITED PERIOD - DAILY
Berrick Alley Anytime
east and west sides
between Swan Street and
Seneca Street
This action is being taken in accordance with the abandonment and sale of
Berrick Alley to a private owner (see Item No. 9 of 12/12/95).
Notification Serial #8572
Parking Meters - Repeal
PARKING METERS - REPEAL
In conformity with Section 49 of Chapter 479 of the Ordinances of the
City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this
action supplementing, amending, or repealing existing provisions of Chapter 479
of the Ordinances, as stated below, to be effective forty five days after the
first Council meeting at which they appear on the agenda as an item business.
That that part of Subdivision 3 Section 33 of Chapter 479 of Ordinances
of the City of Buffalo be supplemented by repealing therefrom the following:
PARKING METERS
HIGHWAY LOCATION PORTION OF HIGHWAY
Staats Street, west side from Dead End
to Court Street
This action is being taken at the request of the FBI in order to provide
increased safety and security for the new Federal Building (see next serial).
Notification Serial #8573
Installation of No Parking on Staats Street, west side between Court Street and
the northern (dead) end
NO PARKING - INSTALL
In conformity with Section 49 of Chapter 479 of the Ordinances of the
City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this
action supplementing, amending, or repealing existing provisions of Chapter 479
of the Ordinances, as stated below, to be effective forty five days after the
first Council meeting at which they appear on the agenda as an item business.
That that part of Subdivision 23 Section 15 of Chapter 479 of Ordinances
of the City of Buffalo be supplemented by adding thereto the following: NO
PARKING
PROHIBITED PTN HIGHWAY PROHIBITED PERIOD
Staats Street, west side Anytime
between Court Street and
the northern (dead) end
This action is being taken at the request of the FBI in order to provide
increased security and safety for the new Federal Building (see previous
serial).
Notification Serial #8574
Repeal Stop Signs in Robie Street at Parkside Avenue
STOP SIGNS - REPEAL
In conformity with Section 49 of Chapter 479 of the Ordinances of the
City of Buffalo, the City Engineer hereby notifies Your Honorable Body of this
action supplementing, amending, or repealing existing provisions of Chapter 479
of the Ordinances, as stated below, to be effective forty five days after the
first Council meeting at which they appear on the agenda as an item business.
That that part of Subdivision 9 Section II of Chapter 479 of Ordinances
of the City of Buffalo be supplemented by repealing therefrom the following.
STOP SIGNS
VEHICLES ON SHALL STOP BEFORE ENTERING
Robie Street Parkside Avenue
This action is being taken in conjunction with the conversion of Robie
Street to one-way eastbound street between Parkside Avenue and Woodward Avenue.
Mrs. LoTempio now moved to receive and file Notification Serial Numbers
8569, 8570 and 8574 and to refer Notification Serials Numbers 8571, 8572 and
8573 to the Committee on Legislation.
ADOPTED.
No. 17
Bond Cancellation-69-87 Goodell Street
It is hereby certified that the bond described below he canceled:
Principal: M. Wile & Company 2020 Elmwood Avenue.,
Buffalo, New York 14240
Surety: The Aetna casualty and Surety Company
Amount; $5,000.00
Structure: Marquee
Location: 69 - 87 Goodell Street
This bond is no longer necessary due to the fact a certificate of
insurance has been provided in lieu of bond. The above captioned bond should
be deemed released and canceled as to future liability in accordance with the
provisions of the City Ordinances.
RECEIVED AND FILED.
No. 18
Report of Bids Interior Reconstruction
Precinct 11
I advertised for on December 20, 1995 and received the following
sealed proposals which were publicly opened and read on December 29, 1995:
R W Painting $18,250
Semper Construction $23,286
Wilsandra Construction $24,500
The Peyton Barlow Co. $27,485
Nichter Construction $28,000
I hereby certify that the foregoing is a true and correct statement of
all bids received and that R W Painting, in the amount of Eighteen Thousand Two
Hundred Fifty and 00/1 00 Dollars ($18,250.00) is the lowest responsible bidder
in accordance with the plans and specifications.
I recommend that Your Honorable Body authorize the Commissioner of Public
Works to order the work on the basis of the low bid. Funds for the work will
be available in B/F 200-402-513 - Division of Buildings.
Estimate for this work was $20,000.00.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 19
Change in Contract - Small Animal Shelter
380 Oak Street -Project No. 9421
I hereby submit to Your Honorable Body the following changes for
the Small Animal Shelter, Fountain Construction - C-91796200.
1. Additional demolition of hidden concrete. Add $ 8,758.00
2. Additional drywall and metal stud work. Add 2,409.00
3. Additional cost to upgrade freezer. Add 1,075.00
4. Additional patching at metal deck. Add 642.00
5. Additional wood blocking. Add 1,722.00
6. Additional footer/foundation wall. Add 440.00
7. a) Additional exterior brick work. Add 2,394.00
b) Additional EIFS systems. Add 5,112.00
c) Additional painting west wall. Add 1,622.00
d) Eliminate masonry restoration Deduct 5,300.00
8. Additional puppy room cabinet enclosure. Add 841.00
9. Additional patching of holes at light fixture. Add 261.00
10. Additional splay at skylight. Add
648.00
11. Additional fencing at kennel tops. Add 1,121.00
12. Additional padlocks; sixty (60) each. Add
460.00
13. Additional wainscoting.
Add 3,479.00
14. Additional puppy box. Add
699.00
15. Eliminate 150 LF of chainlink fence. Deduct 1,174.00
16. Eliminate toilet partitions. Deduct
2,017.00
17. Credit aluminum letters for cast bronze Deduct 1,100.00
18. Credit for planter bench size change. Deduct 250.00
19. Eliminate acoustic sound panels. Deduct 1,135.00
20. Addn. work to rework skylight supports. Add 229.00
The foregoing changes result in a net increase in the contract of Twenty
Thousand Nine Hundred Thirty Six and 00/100 Dollars ($20,936.00).
Summary: Original Amount of Contract $ 563,600.00
Amount of This Change (No. 1) Add 20,936.00
Revised Amount of Contract $ 584,536.00
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 200-402-099 - Division of Buildings.
I recommend that Your Honorable Body authorize the Commissioner of Public
Works to issue a change order to the contractor as set forth above.
REFERRED TO THE COMMITTEE ON FINANCE AND THE COMMISSIONER OF HUMAN SERVICES,
PARKS AND RECREATION.
No. 20
Change Order No. 2 - Venturi House and Valve
Rehabilitation, Contract No. 31G
City Contract No. 91835800
I hereby submit to your Honorable Body the following Change Order
No. 2 with C & A Painting Contractors, Inc. for work relating to Venturi House
and Valve House Rehabilitation, Contract No. 31G, City Contract No. 91 83 5
800:
New Work Item No. 1
Due to moisture and seepage in the two (2) stairwells, it is necessary to
provide a moisture-cured urethane epoxy paint on the exterior of the two (2)
stairwells in lieu of specified latex paint.
Increase: $ 5,650.00
New Work Item No. 2
Painting of the venturi house floor areas to improve maintainability of
the area. Providing a moisture-cured urethane epoxy paint on the interior
floor area of the venturi house.
Increase: $67,097.00
Item No. 200 - Bolt Assembly Replacement 60" Diameter Pipe
Contract called for 490 each. No bolt assembly replacements were
necessary.
Decrease: $12,000.00
Item No. 210 - Bolt Assembly Replacement 48" Diameter Pipe
Contract called for 580 each. 100 bolt assembly replacements were
actually made.
Decrease: $11,587.00
Item No. 220 - Bolt Assembly Replacement 36" Diameter Pipe
Contract called for 390 each. 10 bolt assembly replacements were actually
made.
Decrease: $ 8,770.00
Item No. 230 - Bolt Assembly Replacement 24" Diameter Pipe
Contract called for 10 each. No bolt assembly replacements were
necessary.
Decrease: $ 500.00
Item No. 240 - Bolt Assembly Replacement 60" Valve Throat Flange
Contract called for 30 each. No bolt assembly replacements were
necessary.
Decrease: $ 1,200.00
Item No. 250 - Bolt Assembly Replacement 36" Valve Throat Flange
Contract called for 60 each. No bolt assembly replacements were
necessary.
Decrease: $ 1,500.00
Costs have been reviewed by the Department of Public Works and have been
found to be fair and equitable.
SUMMARY:
Original Amount of Contract $410,675.00
Change Order No. 1 - Increase $ 15,622.00
Change Order No. 2 - Increase $ 37,190.00
CURRENT AMOUNT OF CONTRACT $463,487.00
Funds in the amount of $37,190.00 are available in the Division of
Water's 416-983-014-00-000 account.
I recommend the above change order and it is respectfully requested that
your Honorable Body authorize the Commissioner of Public Works to issue a
change order as set forth above.
REFERRED TO COMMITTEE ON FINANCE.
No. 21
Change Order No. 3 - Massachusetts
Ave. Pumping Station upgrades - # 1G
City Contract No. 91795400
I hereby submit to your Honorable Body the following Change Order
No. 3 with John W. Danforth Company for work relating to Massachusetts Avenue
Pumping Station Upgrades, Contract No. IG - General Construction, City Contract
No. 91795400:
Pump repairs and shaft sleeve upgrade for Pump No. 3
Increase: $ 8,556.00
Motor repairs to Pump No. 3
Increase: $ 2,546.00
The above work was deemed necessary after Pump No. 3 was disassembled,
cleaned and inspected.
Costs have been reviewed by the Department of Public Works and have been
found to be fair and equitable.
SUMMARY:
Original Amount of Contract $ 1,459,900.00
Change Order No. 1 - Decrease $ 53,483.00
Change Order No. 2 - Increase $ 11,184.00
Change Order No. 3 - Increase $ 11,102.00
CURRENT AMOUNT OF CONTRACT $ 1,428,703.00
Funds in the amount of $ 11,102.00 are available in the Division of
Water's 416-982-012-00-000 Capital Projects Account.
I recommend the above change order and it is respectfully requested that
your Honorable Body authorize the Commissioner of Public Works to issue a
change order as set forth above.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 22
Change in Contract
Ken-Bailey Recreation Center
2777 Bailey Avenue
I hereby submit to Your Honorable Body the following changes for
the Ken/Bailey Recreation Center, Nichter Construction Co., Inc. - C-91820500.
1 . Remove and dispose of an existing concrete foundation uncovered during
excavation for the building foundation at the southwest corner of the building.
Add $4,208.00
2. Excavate existing old tank excavation site.
Fill excavation with specified select fill. Add $2,336.00
The foregoing changes result in a net increase in the contract of Six
Thousand Five Hundred Forty Four and 00/100 Dollars ($6,544.00).
Summary: Original Amount of Contract $3,151,000
Change Order No. 1, CCP 01/09196, Item 11 87,853
Amount of This Change (No. 2) Add 6,544
Revised Amount of Contract $3,245,397
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 January
16, 1996, be received and filed; and
That the Commissioner of Public Works be, and he hereby is, authorized to
issue change order #2 to Nichter Construction Co., Inc., changes resulting in a
net increase in the amount of $6,544.00, as more fully described in the above
communication, for work relating to the Ken-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. 23
Permission to Purchase Aluminum
I hereby request permission from Your Honorable Body to purchase
Aluminum for the purpose of sign fabrication.
Funds for this project will be available in capital budget fund
#200-401-507-00-000.
Mrs. LoTempio moved:
That the communication from the Commissioner of Public Works dated
January 8, 1996, be received and filed; and
That the Commissioner of public Works be, and he hereby is, authorized to
purchase aluminum for the purpose of sign fabrication in an amount not to
exceed $50,000.
PASSED.
AYES- 13 NOES- 0
No. 24
Permission to Hire a Consultant
to Address Flagged Conditions
I hereby request permission from Your Honorable Body to authorize
the Commissioner of Public Works to enter into an agreement with a Consultant
Engineer to perform the necessary design, inspection and load rating work
required to address flagged conditions assessed by the New York State
Department of Transportation. Bi-annually the State inspects all bridges in
the City of Buffalo and flags any conditions that are in need of repair.
After the repair design is complete, we will get a minimum of three (3)
informal bids from contractors to do the necessary repairs and report the
results of the informal bids to the Common Council.
Therefore, the Commissioner of Public Works is asking your permission to
hire a consultant on a 12-18 month contract, not to exceed $ 100,000.00 to do
this work.
The Division of Engineering account where funds are available for this
project is CBF #200-401-029. The original CCP (#162, 10/17/95) incorrectly
identified CBF #200-401-023.
Mrs. LoTempio moved:
That the communication from the Department of Public Works dated, January
16, 1996 be received and filed; and
That the Commissioner of Public Works be, and he hereby is authorized to
enter into an agreement on a 12-18 month contract with a Consultant Engineer to
perform the necessary design, inspection and load rating work required to
address flagged conditions assessed by the New York State Department of
Transportation, in an amount not to exceed $100,000. Funds for this project
are available in CBF #200-402-029.
PASSED.
AYES- BROWN, COPPOLA, CZAJKA, FRANCZYK, HELFER, KAVANAUGH, LOCKWOOD, LOTEMPIO,
PITTS, QUINTANA, WILLIAMS-11
NOES- GRAY, ZUCHLEWSKI- 2
No. 25
Rev. Hemphill - Req. City Repair Water
Leak - 147 Woodlawn
Item No. 71, C.C.P. 12/26/95
The Division of Water's Assistant Water Distribution Superintendent
has investigated the request from Rev. Hemphill of the First Hemphill
Interdenominational Church regarding a water leak at the property located at
147 Woodlawn Avenue.
The property owner received a notice to repair a water leak issued by the
Division of Water. Upon further investigation by the Assistant Water
Distribution Superintendent, the area was exposed and found that the leak was
in fact on the City's watermain inside the curb and not on the owner's service
line at 147 Woodlawn Avenue.
The Water Department made the repairs on January 10, 1996. Due to the
fact that the leak was so close to the main, the exact location of the leak
could not be determined until the hole was opened and the main was exposed.
The property owner has been relieved of any liability for fixing the
water service.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 26
Report on Consultant & Engineering Contracts
Item No. 155 C. C. P. 12/26/95
In regards to the above mentioned Item, the Department of Public
Works is in complete agreement that some of the consultant items could be
performed by City of Buffalo in-house staff; however, over the last few years
the in-house staff has been cut, and at no time during the last few O&M Budget
deliberations were additional staff requests accepted unless they were revenue
generators. Therefore, we have been forced to use more and more consultants.
However, I have directed that the 1996-97 O&M Budget be prepared with
additional staff requests as follows:
Division of Engineering
Function Code 401-014:
One (1) Senior Engineer
Two (2) Assistant Engineers
Two (2) Junior Engineers
Four (4) Inspectors
One (1) Typist
Division of Water
Function Code 098-022:
One (1) Senior Engineer
Two (2) Assistant Engineers
Two (2) Junior Engineers
However, your Honorable Body must realize that even if said titles are
approved July 1, the retention of actual working employees takes anywhere from
six to nine months due to the domino effect of moving up existing employees
into these positions. Therefore, even if said titles were approved in this
Budget, I would still require consultants for this summer's program.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 27
Additional Funds - Reimburse State of New York -
Bailey Avenue - Dingens to William Street
I hereby request permission from your Honorable Body to reimburse
the State of New York, Department of Transportation, an additional amount of
$66,022.36 for location of waterlines and hydrants presently located on the
State right-of-way in Bailey Avenue from Dingens Street to William Street.
The Division of Water's Principal Engineer has investigated this request
and agrees that additional funds are required due to unforeseen interference
with watermain installation.
Funds for this additional work are available in the Division of Water's
416-983-001 Capital Projects account.
Mrs. LoTempio moved:
That the communication from the Department of Public Works, dated January
18, 1996, be received and filed; and
That the Commissioner of Public Works be, and he hereby is authorized to
reimburse the State of New York, Department of Transportation an additional
amount of $66,022.38 for relocation of waterlines and hydrants presently
located on the State right-of-way in Bailey Avenue from Dingens Street to
William Street. Funds to be charged to the Division of Water's 416-983-001
Capital Projects account.
PASSED.
AYES- 13 NOES- 0
No. 28
Pay Phone Applications (12), NYNEX
Mr. Douglas Mutton of NYNEX Public Communications, 200 Langer
Road, West Seneca, New York, 14224, has requested permission to install twelve
(12) public payphones within City right-of-way as described in Chapter 441
(Telephone Facilities) of the City Ordinances.
The proposed pay phone locations are as follows:
1. 2583 Bailey Avenue
2. 1145 Niagara Street
3. 2406 South Park Avenue
4. 1100 Kenmore Avenue
5. 426 William Street
6. 1864 Clinton Street
7. 443 Amherst Street
8. 2181 Fillmore Avenue
9. 254 Peckham Street
10. 1384 Main Street
11. 3700 Bailey Avenue
12. 282 Connecticut Street
The Department of Public Works has reviewed these applications and has no
objection to the installation of said payphones. However, before a license may
be issued, each individual proposed location must he approved by Your Honorable
Body in accordance with Chapter 441-4 of the City Ordinances as recently
revised (C.C.P. #136 of December 26, 1995).
REFERRED TO THE COMMITTEE ON FINANCE.
No. 29
Rezoning of 38-68 Hinman Avenue
Item No. 74; C.C.P. 12/26/95
This is in response to Item No. 74 of December 26, 1995 in which
M. Vullo opposed the rezoning of #38-68 Hinman Avenue. This rezoning was
necessitated by the Delaware Consumer Square Project.
Benderson Development Corporation, the "constructors" of the
aforementioned project, had a traffic study of the area conducted by an
independent consultant. This study was reviewed and modified by our Traffic
Engineering Section. One of the modifications made by this department was to
reduce the driveway exit into Hinman Avenue from two (2) lanes to one (1) lane
in order to decrease traffic congestion on Hinman. Therefore, while a minor
increase in traffic can be expected in this neighborhood due to the scope of
this project, it will not be so significant as to disrupt the quality of life
enjoyed by residents of this street, A copy of the traffic study is available
in our Traffic Engineering Office for review.
Therefore, given the above, this department has no objection to the
rezoning of #38-68 Hinman Avenue.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 30
Certificate of Appointment
Appointment Effective January 10, 1996 in the Department of Public
Works, Division of Water, Joseph C. Ferraro, 407 Huntington Avenue, Buffalo,
14214, to the Position of Water Service Inspector, Permanent, at the Maximum
Starting Salary of $24,914.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
FROM THE COMMISSIONER OF POLICE
No. 31
Informational: "Building Effective Strategies For
Community Policing Grant"
This is to inform you that the Buffalo Police Department is participating
in a federal grant with the State University of Buffalo. Under this project
entitled "Building Effective Strategies For Community Policing," the University
of Buffalo, under the aegis of the National Institute of Justice Locally
Initiated Research Programs, will work with the Department to help define,
clarify, develop and deploy our vision and strategies for community policing.
In addition, this grant will allow these processes to be studied. The main
goal of the project is for the university team to develop appropriate means of
documenting and assessing the Department's strategies as a basis for developing
and deploying our community policing strategies. This will enable the
Department to have in place provisional structures, practices and precedents
for the continuous strategic improvement of its community policing initiatives
through an actual case study of developmental operations, processes and
leadership.
This evaluation is required as part of the Department's obligation for
assessment under our two (2) current federal grants, Police Supplemental Hiring
and COPS More. In addition, this study will assist us in the preparation of
future proposals involving community policing since the Department will have
concrete data documenting Buffalo's community policing efforts.
The Department is not receiving any federal funds under this grant
program, however, as part of the University-Department working partnership, we
have agreed to provide $64,248 in matching funds; $10,000 from our Trust and
Agency Asset Forfeiture Funding and the remainder covered by in-kind
salary/fringe contributions (please reference attached contract).
If you have any questions, please do not hesitate to contact m office.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 32
Seizure of Autos By Enforcement Agencies
Item No. 193, CCP 4/13/93
On April 26, 1993 Buffalo Police Commissioner Richard Donovan
responded to the above referenced item. Policies were established at that time
for the towing and storage of vehicles used by persons arrested for patronizing
a prostitute. The Division of Parking Enforcement played a role in
establishing this policy. Currently this policy is still in effect and is
still used.
Should the Corporation Counsel decide that vehicles can be seized and
forfeited to the city, then that will be done. My knowledge of cases wherein
this has been tried has shown the attempt to seize the vehicle has been
overturned by the courts.
REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CORPORATION COUNSEL.
No. 33
Checks Received
Item No. 104, C.C.P. 2/2/88
Per C.C.P. No. 104 of February 2, 1988, hereto, please find copies
of the following checks:
8155-00102002 $ 1009.80
8155-00102086 960.60
Total Deposit $ 1970.40
The above referenced property has been administratively forfeited by the
Drug Enforcement Administration. (DEA). These checks were received by this
Department and duly deposited in the Trust & Agency Account,
610-200-217-00-300.
RECEIVED AND FILED.
No. 34
Reply To Audit-Div. of Treasury
The police department is precluded from using "light duty" personnel
for positions that require the ability to perform full police functions, should
such activity be necessary. These personnel are assigned to desk positions or
telephone reporting and not work in the field.
It is inappropriate to use full duty police officers, often on overtime,
to collect parking meter revenues, as is the current practice. The Director of
Labor Relations should be requested to enter into discussion with the PBA so
that this work may be performed by a non-police officer.
As in other cities, it does not require an armed individual to collect
parking meter revenues. Large carts that are essentially "drop safes" on
wheels prevent anyone from taking the coins collected. Panic alarms and
portable radios provide additional measures of protection for these employees.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 35
Response to Suitability of 998 Broadway For New Central East District Building
(C District)]
Item #69, C.C.P. 01/09/961
This is in response to your resolution as stated at the January
9, 1996 Council meeting regarding the suitability of 998 Broadway as the
location for the new Central East District Building (C District).
Be advised that the Buffalo Police Department agrees with this resolution
and believes that the 998 Broadway site is an ideal location for the C
District.
If you have any questions or we can be of further assistance to you,
please do not hesitate to contact our office.
REFERRED TO THE SPECIAL COMMITTEE ON POLICE REORGANIZATION.
FROM THE CORPORATION COUNSEL
No. 36
Buffalo River - Wildlife Habitat
Item No. 68, C.C.P., 1/9/96
You have requested a response from the Law Department regarding
the potential transfer of property owned by the City of Buffalo at the foot of
Smith Street along the Buffalo River ("South Street Parcel") to the County of
Erie for use as a wildlife habitat. The Law Department is currently reviewing
the ramifications of alternative scenarios for the Smith Street Parcel,
specifically in the context of a sale versus a lease.
Currently, the Law Department is researching the potential of liability
under both a sale scenario and a lease scenario to determine which form of
disposition would provide the least exposure to the City against any potential
liability with regards to this property. We are also attempting to determine
the past use of the Smith Street Parcel, so that any potential environmental
issues can be addressed in the conveyance agreement.
Any agreement to transfer the Smith Street Parcel would require the
County to utilize the property as a fish and wildlife habitat. If the City
does decide to sell the property to the County, a reversionary clause should be
placed in the deed. Such a clause would allow the property to revert back to
the City should the County cease to use it for its intended purpose as a
wildlife habitat.
The County is required to develop the selected site as a wildlife habitat
according to the grant between the Environmental Protection Agency and the
County. The grant requires the County to make a financial contribution to this
project. If the source of funding is made up of capital funds, the County may
require a title interest in the Smith Street Parcel in order for it to make
capital improvements thereon. We are currently reviewing whether a long term
lease would qualify as a sufficient title interest to satisfy this requirement,
thereby permitting the City to retain the option of a sale or a lease as it may
choose.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 37
Salary of the Board of Education
Item No. 73, C.C.P., 1/9/96
Opinion No. 96-4
You requested an opinion from the Law Department regarding the
authority of either the Common Council or the Board of Education to establish
the salary of the Board of Education.
The City Charter states that the Common Council "may provide an annual
salary not exceeding five thousand dollars [$5,000.00] per year for each member
of the Board of Education.
..." Charter 452.
Prior to 1917, Buffalo had an unpaid Board of Education. See Charter
290 (1916). In 1917, the State Legislature enacted the Education Act, which
established boards of education and repealed several laws including those
authorizing municipal boards of education. 1917 N.Y. Laws ch. 786. In 1927,
the Charter Commission proposed 452, authorizing pay for members of the Board
of Education at an annual salary of $1,000.00. Local Law No. 2 of 1956 raised
that salary to $1,500.00. By 1978, the salary was increased $2,500.00. Local L.
No. 6 of 1978, Local L. No. 12 of 1978.
In 1986, the Board of Education proposed a raise of its salary to
$5,000.00 in its budget request. This Department advised the Common Council
that raising the board members' salaries could only be accomplished by amending
the Charter to authorize a greater salary. See C.C.P. No. 89, July 8, 1986.
The Local Law was adopted to increase the maximum of board's salary to its
present $5,000. C.C.P. No. 7, Sept. 2, 1986.
New York Education Law article 32, applicable to Buffalo and other large
cities in the state, Educ. L. 2550, continues the existing city school
districts as independent corporate bodies. Id. 2551, 2552. That article and
the rest of the Education Law does not regulate (or expressly provide for)
salaries for school board members. Although Education Law 2576(l)(a)
provides that the board submit an estimate for salaries of named school board
employees, such as superintendent, principals, teachers, clerks, nurses,
custodians and others, there is no mention of the salaries of board members
themselves.
Article 32 of the Education Law is applicable to Rochester, New York
City, Syracuse and Yonkers, as well as Buffalo. The Rochester City Charter
provides that its school board may set its own salary within the limits of the
total annual appropriation for school purposes, so long as board members are
elected, and the changes are effective on the first day of the next fiscal
year. Roch. Charter 2-13. In 1987, a citizen challenged the Rochester
school board's salary increase as being an unconstitutional gift of public
funds. The New York State Education Commissioner upheld the salary increase
because the board was specifically authorized under the Rochester City Charter
to fix salaries. Appeal of Ver Hunce, Decision No. 11,777, at 340, 341 (Feb.
27, 1987).
New York City's charter sets the salary of board members to the rate of
$160 per day when performing board functions, $175 per day for the president of
the board, with a cap of paying for no more than 210 days per fiscal year.
N.Y.C. Charter 520(l). The Syracuse school board sets its own salary without
any provision in its city charter governing the amount, whereas Yonkers does
not pay its board of education.
Absent state statutory authority regarding salaries for boards of
education, provision for paying board members is left to local action. Since
our Charter sets the maximum salary that may be paid to the Board of Education,
that amount can only be increased by enactment of a local law, amending the
Charter. See C.C.P. No. 86, July 8, 1986.
REFERRED TO THE EDUCATION COMMITTEE.
FROM THE COMMISSIONER OF COMMUNITY DEVELOPMENT
No. 38
Reduce Retention, General Construction Contract
N.I.C. Renovations 1168-1170 Broadway
Gerald T. Stay Co. Inc., Contract 91799600
Permission is being requested from Your Honorable Body for a reduction
in retention related to contract #91799600 with Gerald T. Stay Co. Inc. for
general construction at 1168-1170 Broadway, Buffalo, New York.
A financial summary of this request is as follows:
Original Contract Amount $207,700.00
original Retention (10%) $ 20,770.00
Proposed Retention Reduction (1%) $ 2,077.00
Work on this contract is essentially complete except for minor painting
and caulking which cannot be performed until spring of 196. I therefore
recommend that Your Honorable Body authorize a reduction in retention to 1% as
described above.
Mrs. LoTempio moved:
That the communication from the Department of Community Development dated
January 18, 1996, be received and filed; and
That the Commissioner of Community Development be, and he hereby is,
authorized to reduce the retention withheld from 10% ($20,770.00) to 1%
($2,077.00) on a contract with Gerald T. Stay Co. Inc., C-91799600 for general
construction at 1168-1170 Broadway, Buffalo, New York.
PASSED.
AYES- 13 NOES- 0.
No. 39
Increase in Contract Electrical Const.
N.I.C. Renovations 1168-1170 Broadway
Contract #91799500, Weydman Electric
I herewith submit to Your Honorable Body the following increase
in contract for additional electrical construction work at the Neighborhood
Information Center (N.I.C.) 1168-1170 Broadway, Contract #9179950 with Weydman
Electric Inc.;
1.) Provide all materials, equipment and labor necessary to install
security system with central station monitoring, components as follows:
- (16) zone microprocessor control panel
- Digital keypad
- (2) inside sirens
- (5) man doors armed
- (3) passive infrared motion detectors
(1) year monitoring service
Add $2,597.00
Funds for this work as available in Bond Fund #200-717-070. A contract
summary is as follows:
Existing Contract Amount $48,307.00
Amount This Change 2,597.00
Revised Contract Amount $50,904.00
I therefore recommend that Your Honorable Body authorize the Commissioner
of Community Development to issue a change order to Weydman Electric as
described above.
Mrs. LoTempio moved:
That the communication from the Department of Community Development,
dated January 18, 1996, be received and filed; and
That the Commissioner of Community Development be, and he hereby is,
authorized to issue change order to Weydman Electric, Inc., changes resulting
in a net increase in the amount of $2,597.00, as more fully described in the
above communication, for work relating to the Neighborhood Information Center,
1168-1170 Broadway, Contract #9179950. Funds to be charged to the Bond Fund
#200-717-070 account.
PASSED.
AYES- 13 NOES- 0
No. 40
"Wegmans Supermarket" Amherst Street
SEQRA Lead Agency Designation
Please be advised, prior to the implementation of the above-referenced
project, the requirements of the New York State Environmental Quality Review
Act (SEQRA) must be satisfied.
The project, as defined under SEQRA, is a Type 1 action. As per Section
617.6 of the regulations, a Lead Agency responsible for determining the effect
of the action on the environment must be designated among the involved agencies
within 30 days of the date of this letter.
The Department of Neighborhoods, Housing and Inspections proposes to
assume Lead Agency status for this project and respectfully requests your
consent to this designation. The project Environmental Assessment Form is
enclosed for your review.
If the New York State Department of Environmental Conservation has no
objections to the designation of the Department of Neighborhoods, Housing and
Inspection as Lead Agency, please sign this letter and return it to this
department at Room 324 City Hall, Buffalo, New York 14202 to the attention of
Wayne Kwiatkowski
The New York State Department of Environmental Conservation accepts and
approves of the designation of the Department of Neighborhoods, Housing and
Inspections as Lead Agency for the above.
REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT.
No. 41
J.F.K. Tennis Court Renovations
I hereby request permission to take bids for the above project;
and have asked for and received the following bids for J.F.K. Tennis Courts on
January 11, 1996:
COMPANY BASE BID ADD ALTERNATE I
Thomann & Loewe $41,850.00 $5888
American Paving $45,233.20 $5500
Amherst Paving $46,026.00 $2825
Regent Black Top $54,230.00 $4790
I hereby certify that the foregoing is a true and correct statement of
the bids received. We are accepting the low base bid of $41,850 plus add
alternate I of $5880 for a total low bid of $47,738. Therefore Thomann &
Loewer, 56 Gunnville Road, Lancaster, New York 140BG is the lowest responsible
bidder in accordance with the plans & specifications.
I recommend that Your Honorable Body authorize the city to order the work
on the basis of the low bid. Funds for this work are available in Bond Fund
Account 200-717-081.
REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT.
No. 42
Wildlife Habitat - Buffalo River
Draft Response
Res. #68, C.C.P. 1/9/96
The Department of Community Development has been recently involved
in discussions with Erie County regarding the establishment of wildlife
habitats on several city-owned sites along the Buffalo River. In general, this
Department is supportive of the concept. However, we have several specific
concerns relating to each site which need to be addressed.
The current proposal to transfer title of the proposed Smith Street site
to the County reduces the Department's general concerns over liability and
maintenance. Remaining concerns pertaining to the Smith Street site are listed
below.
-Based on the last series of plans (dated May 1995) reviewed by this
Department, off site improvements will be required to make the site accessible.
Primarily, this involves upgrades to the Smith Street extension (road surface,
curbs, sidewalks, street lighting). Are the costs of these improvements
included in the county's budget and cost estimate?
-The proposed plan recommends acquiring non-City owned property north of
the project site for full implementation of the project. Will the project be
scaled back to fit the City or will the County purchase lands recommended for
acquisition?
-How will public safety be provided at the site (County Sheriff, park
ranger program)?
-The Smith Street site has been proposed as replacement park land for the
Hennepin Park Community Center expansion/renovation project. Will the
transfer of this property to the County affect the designation of this parcel
as replacement park land?
-The Department is developing a land use plan for several acres of under
utilized and vacant land including this City-owned parcel. The Department's
initial thoughts are focusing on neighborhood building in this area with
support facilities such as open space or park land on the proposed Smith Street
site. Discussions need to be held with the project consultant regarding the
blending of wildlife habitat with future city neighborhood development
initiative.
-The project consultant has not taken into consideration
term infrastructure projects such as the Southtowns Connector- and NFTA LRRT
South Branch which may impact the wildlife habitat site. Consideration should
be given to these potential projects.
What are community perceptions and attitudes regarding this project?
Input from residents in the immediate project area should be solicited as to
the open space and park land needs of this neighborhood.
-The Law Department must complete its review and analysis of the federal
"strings" that may come with these funds (e.g. forever wild designation,
repayment requirements, NEPA and SEQRA reviews/limitations).
-The Department of Public Works, in conjunction with the US Army Corps of
Engineers, should review the plans to determine whether the proposed pilings
and boulder reef with impact ice management or create hazards for waterway
users.
-The Law Department should report on any requirements for the City to
assure that Erie County is advised of any contamination concerns attaching to a
property transfer such as has been proposed.
-The Law Department should review the potential for the City to become
involved in the costs for environmental contamination remediation.
The Department believes that the habitat demonstration projects can be a
wonderful asset to the City's waterfront. However, at the same time, the
City's waterfront. However, at the same time, the City must be careful to
protect future development options near the proposed Smith Street site. The
Department is very optimistic that a balance between the two is obtainable.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 43
Info-Update Downtown Traffic Study
Item No. 88, CCP, 1/9/96
The Buffalo Urban Renewal Agency (BURA) allocated $35,000 in 19th
Year CDBG funds for the Division of Planning to retain consultants to conduct a
two-part analysis of existing and future traffic circulation problems in the
Buffalo Central Business District.
BURA retained the Niagara Frontier Transportation Committee (NFTC) to
conduct Part I of the study. The consultant's study assessed the existing
traffic circulation in the Downtown area of the City, (i.e., traffic counts,
level of service and accident reports), The study area is bounded by South Park
Avenue to the South, Michigan Avenue to the East, Goodell/Edward/Carolina to
the north, and the Niagara Thruway to the west.
Part II included an analysis of the future traffic north of
Church/Division streets and also recommended street modifications, i.e.,
one-way vs. two-way traffic for select streets, intersection improvements as
well as the possible reopening of some streets. In particular, the study
analyzed the following proposed street modifications: (1) two-way Traffic on
Chippewa/Huron Streets (2) Washington and Ellicott Street Modifications and (3)
reopening of Mohawk Street between Washington and Pearl Streets.
Under a separate contract, the Department of Public Works retained
Erdman, Anthony and Associates (EAA) Consulting Engineers to analyze future
traffic conditions for the area south of Church/Division Streets (Inner
Harbor-Auditorium Traffic Study). The consultants also considered the impacts
of several proposed roadway modifications including: (1) Construction of
additional Ramps from 1-90 to study area (2) Ellicott Street switch to 2-way
operation and (3) Washington Street switch to 2-way operation.
Both consultants provided traffic projections and determined the related
effects that would result from proposed new developments up until the year
2010. The NFTC is responsible for merging the reports into one final report.
In June 1995, the NFTC's contract was amended to include the 1995
Downtown Parking Study. The scope of work for the parking study includes data
collection pertaining to curbside and off-street parking inventory and rates,
usage patterns and parker preferences. The study area includes all that
portion of downtown Buffalo from Goodell and Edward Streets on the north, just
east of Michigan Avenue on the east, South Park Avenue along the Buffalo River
to Erie Basin on the South, and along the waterfront to I-90 NYS Thruway to
Carolina Street exit ramp to Niagara Street and across the Westside to Virginia
Street at Edward Street along the west. The field data collection work was
begun by the NFTC in June 1995 and was completed by mid-November 1995. The
data from the study will be analyzed (in coordination with other study efforts)
by the Downtown Parking Committee for recommendations to the City to improve
the management, operation, delivery of service, pricing, etc., of on-street and
off-street parking in the downtown area. The target date for completion of the
Committee's work is May 1996.
Traffic Study - Part I - Major Findings and Recommendations
1. The majority of signals in the CBD are old and in need of new
controllers. Very few "efficient" coordinated systems presently exist in the
CBD. The study recommended updating signals and the installation of an
interconnected coordinated signal system to reduce travel time on streets in
the CBD.
2. The total number of vehicles entering downtown increased by 16.1% between
1983 and 1995.
The total number of autos increased by 16.9% while the total number of trucks
increased by 6.8%.
3. Church/Delaware/Skyway is the most congested intersection presently
existing in downtown Buffalo. This was followed by the entire length of the
Elm/Oak Arterial the Delaware/Eagle intersection. Other intersections
operating at deficiencies included Elmwood at Tupper, Delaware at Tupper, Court
and Pearl, Swan and Michigan and Seneca and Michigan.
4. Regarding congested street segments, the study concluded that Washington
Street exhibits a high degree of congestion especially behind the Ellicott
Square Building due to truck loading. Pearl Street behind the Main Place Mail
is also a very congested location. Other locations are congested due to
pick-ups and drop-offs.
Traffic Study-Part II-Major Findings and Recommendations
The NFTC study indicates that over half of the intersections impacted by
future travel patterns in the northern half of the CBD would experience high
levels of congestion from significant delays to gridlock conditions. The study
recommends a number of ways to correct the deficiencies:
1. Re-timing existing traffic signals or installing actuated signals.
2. Encouraging increased mass transit usage, including expansion of the
light-rail line further into the suburbs.
3. Re-routing traffic patterns, including eliminating or creating one-way
streets.
4. Reducing the number of trips into and out of deficient areas by planning
developments which are sensitive to the traffic, as well as economic problems
of the area. Accordingly, areas which have excess capacity can be expanded
upon.
5. Creating programs that make offices and factories in deficient areas
spread out the starting and finishing times of their workers (flex-shifts).
This should eliminate some peak-hour congestion.
6. Removal of on-street parking on busier streets.
As noted above, The NFTC study also analyzed proposed modifications to
Washington and Ellicott Streets, Mohawk Street between Washington and Pearl
Streets and Chippewa and Huron Streets. As a result of the analysis, the NFTC
made the following recommendations:
1. If signalization is upgraded it would be feasible to construct the
modifications to Washington and Ellicott Streets.
2. It appears to be feasible to reopen Mohawk between Pearl and Washington
as a through street.
3. It appears feasible to make both Huron and Chippewa Streets two-way over
their entire length.
Erdman, Anthony identified ten developments (including the Buffalo Inner
Harbor and Crossroads Arena) that would be responsible for additional future
traffic in the southern half of the CBD over and above normal growth. The
following areas were projected to experience high levels of congestion or
complete gridlock due to the proposed developments both in the a.m. and p.m.:
Church Street Corridor
Washington Street Corridor
Michigan Avenue Corridor
Isolated Intersections
The study recommends handling AM and PM peaks in the following ways:
1. Church Street Corridor - reconstruction, widening, dual turn lanes and
other operational revisions
2. Washington Street Corridor - New traffic signals and signal coordination
system, turn modifications, widening, new bridge over Conrail tracks.
3. Michigan Avenue Corridor - widening, revise signal phasing and markings,
new traffic signals and new signal coordination system.
4. Isolated Intersections - Revised signal timings and minimal
signage/pavement.
5. Revisions to the Elm/Oak 1-90 Interchange Ramps
In addition to the above projects, EAA recommends roadway modifications
that would improve current local circulation. These are as follows:
1 . Gateway Tunnel - construction of a tunnel crossing of the Buffalo River
following a similar alignment to the existing Skyway or beginning near the foot
of Church Street.
2. Main Street Reopening - reopening Main Street to vehicular traffic from
South Park to Seneca Street.
3. Main Street Bridge - A lift bridge for the foot of Main Street at the
intersection of South Park Avenue and Main Street.
4. Swan/Seneca Directional Switch - Reversing the one way directions of Swan
and Seneca Streets east of Michigan Avenue.
Erdman Anthony provided the DPW with cost estimates for the proposed
roadway modifications in the southern half of the CBD. The DPW will use these
estimates for programming the 1995-96 capital budget. Chippewa Street has been
changed to two-way between Delaware and Pearl streets based on recommendations
from the study.
Remaining Study Tasks and Scheduled Completion
The Planning Division and Department of Public Works have requested that
the consultants provide an in-depth analysis and to prioritize and develop cost
estimates for the street modifications recommended in the Traffic Study. A
full report is expected to be completed in June 1996.
The New York State Department of Transportation has selected a consultant
to coordinate signal systems throughout the two-county area including the City
of Buffalo. The NFTC will work in coordination with the NYSDOT in regards to
signal modifications in the Downtown area.
The Planning Department will provide copies of the final report to the
Common Council upon completion of the study.
REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT
FROM THE COMMISSIONER OF STREETS
No. 44
Parking Restrictions
As you are aware, Buffalo has seen a record amount of snow so
far this season, The Department of Street Sanitation has done an excellent job
of keeping Buffalo streets opened and cleared, in spite of parking
restrictions, that are a major hindrance to the timely plowing of residential
streets.
It is time that the City of Buffalo take a good hard look at residential
parking restrictions, that were in most cases put into effect during the horse
and buggy days. Towns and Villages around Buffalo do not allow parking
overnight on side streets during the snow season. While a "no parking ban" will
not work on a city-wide basis, it could work in certain areas of the city.
I am requesting that your honorable body set up a task force consisting
of The Commissioner of Public Works, The Commissioner of Streets, The Director
of Parking Enforcement, and members of your Honorable Body. I am also
requesting that this task force meet as soon as possible, with recommendations
by May 1, 1996.
REFERRED TO THE COMMITTEE ON LEGISLATION AND THE COUNCIL PRESIDENT.
FROM THE COMMISSIONER OF NEIGHBORHOODS, HOUSING AND INSPECTION
No. 45
Liquor License Applications: 223 Allen Street,
716 Elmwood Avenue, 270 Amherst Street,
814 Clinton Street, 511 Rhode Island
Item No. 52, C.C.P. 11/28/95
With regard to the above subject properties please be advised
of the following inspection results:
223 Allen St.: not completed; pending further investigation
716 Elmwood: Inspection done 12/26/95. Legal use established per card file and
computer. There are no outstanding letters of violation or building permits.
Both interior and exterior inspections show property is in sub-compliance.
This is currently set-up as a restaurant, but is not open at this time. Most
recent restaurant license expired 9/l/95.
268-270 Amherst St.: Property was inspected on 12/26/95. Legal use was
established per card file and computer. There are no current open building
permits or letters of violation at this time. The property is currently set-up
as a tavern, however it appears it is not operational at this time. Exterior
inspection shows sub-compliance. No entry for interior inspection however a
view through the window shows cosmetic work in progress.( Painting and
cleaning). The Multiple Dwelling section holds a complete file however
indications are that no current Certificate of Occupancy has been issued.
814 Clinton St.: An inspection of 12/26/95 reveals approved use per computer
and card file. There are no current open building permits. There are no
current open letters of violation. The exterior of the property appears to be
in compliance. No entry for interior inspection, however, a view through the
window reveals minor cosmetic work (painting and cleaning). No permits are
required at this time. The tavern is set-up for operation but is not open as
of this date. The apartment above and in the rear appear to be occupied.
511 Rhode Island:_ Property was inspected on 12/26/95. Approved use as a
restaurant/bar has been established per card file and computer. There are no
current open building permits and no work in progress which would require one.
There are no open letters of violation. The property is currently in use as a
restaurant/bar with offices and apartments occupying the second and third
floors. Exterior inspection shows property to be in sub-compliance. No entry
for interior inspection, however, a clear view through window shows property is
equipped as a restaurant/bar. The Multiple Dwelling section has a complete
file on the property, but shows no current updated Cert. of Occupancy.
RECEIVED AND FILED.
No. 46
Liquor License Application
1204 Sycamore Street
Item No. 82, C.C.P. 10/31/95
This is in reference to your request for inspection of the above
subject property. Please be advised of the following inspection results:
1204 Sycamore: This property was inspected on November 30, 1995 By Inspector
Art Kostrzewa; whereby on this date he noted legal use was established per card
file and Permit #Al6491, dated October 20, 1961. An exterior inspection only,
due to non-entry. Several minor violations were noted of a maintenance nature.
No hazards exist at this time. There is one current letter of violation
citing these violations and corrections are being monitored by the district
inspector. There is no current court action pending at this time. There is
minor cosmetic work being done in the interior, but it does not appear to
require a permit. There are no open or active building permits at this time.
Inspector Kostrzewa sees no reason for disapproval at this time.
We trust this will satisfy your inquiry. Please contact this office if
you have any questions.
RECEIVED AND FILED
No. 47
Liquor License Applications
Item #66, C.C.P. 12/12/95
In reference to Item #66, C.C.P. 12/12/95, applications for
Restaurant/Music
and Coin Controlled Amusement Devices were mailed to William J. Gangloff, dba
WOF Inc., 682 Main Street and Leinster F. West III, 372 William Street.
RECEIVED AND FILED.
No. 48
Liquor License: 682 Main Street, 372 William Street
Item No. 66, C.C.P. 12/12/95
With regard to the above subject properties please be advised
of the following:
678-682 Main Street: This property was inspected, on December 26, 1995 by
Building Inspector Art Kostrzewa; whereby on this date he reported the card
file shows legal use as a store. There are no current open building permits
and no current open letters of violation. The property appears vacant and is
boarded and secure. Exterior inspection shows substantial compliance. There
was no entry for an interior inspection, however, Inspector Kostrzewa was able
to look through the windows and determine that the property is empty and does
not have any furnishings or equipment. A legal change of use will be required
for any use other than a store.
372 William: An inspection on December 26, 1995 revealed legal use as a
bar/restaurant has been established per computer and card file. There are no
current open building permits or letters of violation. However the inspector
noted there are several maintenance violations which will need to be corrected
prior to the issuance of a restaurant license. A copy of the letter of
violation has been attached for reference. Both interior and exterior
inspections were done. The property is currently vacant except for one
occupied apartment above.
We trust this will satisfy your inquiry. If you have any questions
concerning these properties please feel free to contact this office.
RECEIVED AND FILED.
No. 49
Rental Rehab. 615 Walden Avenue
I am respectfully requesting approval for the following funds
to purchase and rehabilitate 615 Walden Avenue, a vacant mixed use building,
into the administrative office of the Lovejoy District Neighborhood
Revitalization Services and two apartments. The apartments will be rented to
low to moderate income tenants at Fair Market Rents for a period of twenty (20)
years.
The owner of the property will be Lovejoy Neighborhood Revitalization
Services, Inc. They will use the first floor of the building as their
administrative offices and the second floor will have two rental apartments,
which will help to defray the cost of their administrative expenses.
BURA will hold a lien on the CDBG dollars and BNRC will make the HOME
Rental Rehab Loan.
Listed below is the funding request breakdown:
-$16,875 - CDBG - 0% - 10 year Acquisition
- 50,000- CDBG-O%-10 year Commercial Renovation
- 70,000 - HOME Rental Rehab. - 2% - 20 year Residential
Units (2)
- 20,000 - Private Lender - 8.5% - 5 years.
$156,875
Mrs. LoTempio moved:
That the communication from the Department of Neighborhoods, Housing &
Inspections, be received and filed; and
That the Commissioner of Neighborhoods, Housing & Inspections be, and he
hereby is, authorized to release the amount of $156,875 of Community
Development Block Grant funds for 615 Walden Avenue at 2 % for 20 years.
PASSED.
AYES- 13 NOES- 0
FROM THE COMMISSIONER OF
ADMINISTRATION AND FINANCE
No. 50
Report of Audit--Treasury
Item No. 4 C.C.P, 1/9/96
Your Honorable Body has asked for my comment on the Performance
Audit of the Division of Treasury that was filed by the Comptroller on January
9th. I have listed my specific comments below, and included the number of the
finding/recommendation that pertain to each.
I am awaiting specific comments on the audit from the Director of the
Treasury; in many cases I would like to review that comment as well before
taking action. I would be happy to pass the Director's comments on to you
should you so desire.
In general, I am supportive of the Comptroller's work, feel it is good
feedback and look forward to pursuing many of the recommendations contained in
the audit. I thank he and his staff for the time spent in conducting the
effort.
Specific Comments
Finding-/Recommendation A. I am supportive of the concept of centralizing
cash collection throughout City Hall, to the extent that the general public is
not overly inconvenienced. I believe there are some areas that lend themselves
more easily to this concept than others. This summer. I agreed to work on the
first step toward centralization, which was to merge the collection of all
license and permit fees in Treasury. With respect to a staffing review of
Treasury, I believe that one should be performed after all changes are made,
not just as a prerequisite to one change.
Finding/Recommendation B. The issue of a plan for collecting parking
meter revenues has been discussed for some time. Treasury has worked to
systematize the collections process where it never had been before; I believe
this system resulted in increased revenue. I agree, though, that the system
still needs improvement; we are investigating several possible alternatives and
will report on any decisions when they occur.
Finding/Recommendation C. Completely agree and will pursue.
Finding/Recommendation D. In general, I would be supportive of moving in
this direction; I think that comment from the areas that deal with the number
of people is important here (Civil Service, City Clerk). In these areas, it
may be more convenient for the customers to move to a "no check" policy than to
use a "delayed service" one. I tend to think that the inconvenience of
returning to City Hall (or waiting several days for the mail to arrive) is
greater than bringing cash or money order in the first place. I would defer to
comment from these areas.
Finding/Recommendation E. Overtime costs in Treasury have been
consistently above budgeted amounts, and have been growing each year. Anything
that has the potential to reduce them should be pursued; we are investigating
the use of a "lock box" as well as other options, and will report to you in the
future on the results.
Finding/Recommendation F. As above (E), we are pursuing this option and
will report back in the future.
Finding/Recommendation G Agree pending Director of Treasury comment.
Finding/Recommendation H. Agree and will pursue.
Finding/Recommendation I. Agree and will pursue.
Finding/Recommendation J. Agree pending Director of Treasury comment.
Finding/Recommendation K. Agree and will pursue.
Finding/Recommendation L. Agree and will pursue.
Finding/Recommendation M. Agree and will pursue.
Finding/Recommendation N. Cannot comment without response from Director
of Treasury.
Finding/Recommendation 0. Agree and will pursue.
I trust this answers your inquiry.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 51
Seizure of Autos by Enforcement Agencies
Item No. 67 C.C.P. 1/9/96
I believe that the Buffalo Police Department already has this
authority and uses it; the resultant revenue is deposited in the Department's
"asset forfeiture" account and used by the department for the purpose of
further efforts to combat drugs. With respect to ways that the existing asset
forfeiture authority could be expanded, I would defer to the Corporation
Counsel and the Police Commissioner and would be happy to help in any way that
I can.
I trust this answers your inquiry.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 52
Assistance by Private Contractors
in Snow Emergencies
Item No. 154, C.C.P. 12/26/95
I would like to respond to an inquiry made in regard to a recent
resolution filed by Mrs. LoTempio,
The resolution suggests using private contractors, on a voluntary basis,
to supplement the City's snow removal crews.
Please be advised that the transfer of exclusive bargaining unit work to
those outside the unit is, in general, a mandatory subject of negotiations. The
fact that an employer may have an economic reason for transferring such work
does not amount to a compelling need so as to allow unilateral action by the
employer. (Reference 11/3/93 decision of P.E.R.B., Assistant Director of Public
Employment Practices and Representation; City of Watervliet)
If it is the intent of the Common Council to further explore the use of
private snow removal contractors, I must suggest an agreement be reached with
Local 264, AFSCME, AFL-CIO, prior to the implementation.
I respectfully submit to your Honorable Body.
REFERRED TO COMMITTEE ON LEGISLATION.
No. 53
East Side Police Station
Item No. 69 C.C.P. 1/9/96
My understanding is that the 998 Broadway site is indeed the Police
Department's preferred site, and that a bond resolution specifying that
location is about to be filed with your Honorable Body. In addition, my
understanding is that the site will be donated to the City by its current
owners, eliminating the need to pay for acquisition and allowing for the entire
budgeted amount ($1 million in the 1995-96 capital budget) to be used for
renovation. The owners should be commended for their action in this regard.
I recognize that this amount may not be sufficient to complete the
station, but would be hopeful that the process for design and construction keep
costs in mind.
I trust this answers your inquiry.
REFERRED TO THE SPECIAL COMMITTEE ON POLICE REORGANIZATION.
No. 54
Memorandum Of Agreement Salary Upgrade
Receptionist (Mayor)
Attached please find a Memorandum of Agreement between the City
and Local 650, AFSCME, AFL-CIO, which provides a $2,000 salary upgrade for the
job title Receptionist (Mayor). The parties have agreed to upgrade this job
title in reaction to an increase in the duties and responsibilities associated
with this position.
The salary range for this position will be upgraded from $22,257-$25,135
to $24,257-$27,135 effective January 1, 1996.
Your approval of this Memorandum of Agreement is respectfully requested.
Mrs. LoTempio moved:
That the communication from the Department of Administration and Finance,
dated January 10, 1995, be received and filed; and
That the Memorandum of Agreement between the City of Buffalo and Local
650, AFS CME, AFL-CIO, for a $2, 000 salary upgrade for the job title
Receptionist (Mayor) from $22,257-$25,135 to $24,257-$27,135 effective January
1, 1996, be approved and ratified.
PASSED.
AYES- 13 NOES- 0
No. 55
Emp. Status -- J. Glynn
Item No. 60, CCP, 1/9/96
We are of the belief that Mr. Glynn's status is that of a seasonal
employee, that he has had breaks in service during his employ with the City,
and that he is not due any further benefits.
I trust this answers your inquiry.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
No. 56
Certificate of Appointment
Appointment effective 1/4/96 of Administration & Finance, Division
of Treasury, Suzanne E. Moores, 26 Strathmore Ave., Buffalo, New York 14220 To
the Position of Chief Teller, Permanent, at the Maximum Starting Salary of
$25,659.00
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
FROM THE CIVIL SERVICE COMMISSION
No. 57
Emp. Status - J. Glynn
Item #60 CCP 1/9/96
Please be advised that John P. Glynn's roster card indicates numerous
appointments to the position of Laborer II in the Department of Parks from
April 30, 1990 to April 20, 1992. These appointments were classified as
seasonal.
In order for Mr. Glynn to receive a permanent appointment as a Laborer II
at that time, he would have to be nominated by the department head. In this
case, the nomination would come from the Commissioner of Parks. The Civil
Service Commission has no jurisdiction over these nominations.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
FROM THE BOARD OF EDUCATION
No. 58
Board of Education Members Salary Increase
Section 452 of the City Charter
The Board of Education Members passed a motion, at the regularly
scheduled December 20, 1995 Board Meeting, to increase the salary of such
members from five thousand dollars ($5,000) a year to ten thousand dollars
($10,000) a year.
The increase due to the salary adjustment for the 1995-1996 fiscal year
will be twenty thousand dollars ($20,000). The Board member salaries are
contained in A 000-1010 of the Board's budget (page 1 of the budget book) and
due to savings this year, there will be more than enough funds within this
account to accommodate the twenty thousand dollar ($20,000) increase.
The 1996-1997 fiscal year will see a decrease in this account from the
current level of $659,218 to approximately $625,000 even with the $40,000 (8 X
$5,000) increase for the full fiscal year.
The Board of Education Members do not receive benefits, particularly not
health insurance which many people believed was the case. They often pay for
school activities, retirement parties, parking and miscellaneous expenses out
of their own pockets. The Board Members in other Big 5 City Schools, such as
Rochester and New York, receive salaries of $15,000 with stipends for the
President.
In accordance with Section 452 of the City Charter, I am requesting that
the Honorable Body of the Common Council approve the Board's December 20, 1995
motion requesting a salary increase from $5,000 to $10,000 a year.
Regarding the secrecy of the vote, and contrary to some published
reports, members of the media who did remain for the entire meeting carried the
results of the vote on their broadcasts the following day. Mr. Kane or I will
be happy to answer any questions you have on the matter. My office has
forwarded similar correspondence to the Mayor and Budget Director's Office.
REFERRED TO THE COMMITTEE ON EDUCATION.
FROM THE BUFFALO URBAN RENEWAL AGENCY
No. 59
Request Permission to Erect Industrial Park Signage
The Buffalo Urban Renewal Agency has developed plans and specifications
for the installation of ground mounted aluminum signs to identify and promote
its industrial parks. These locations have been identified as follows:
1.) New Buffalo Industrial Park
N.W. Corner of Dingens Street and James E. Casey Drive 10, horizontal x
4'6" vertical
2.) New Buffalo Industrial Park
N.W. Corner of South Ogden Street and Theilman Drive 41 horizontal x 81
vertical
3.) Thruway Industrial Park
N.E. Corner of William Street and Monsignor Valente Drive 101 horizontal
x 416" vertical
The intended locations are all located in existing urban renewal areas
which permit their installation and use. It is therefore requested that Your
Honorable Body approve the three (3) designated locations and authorize the
Vice-Chairman of BURA to proceed with fabrication and installation.
REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT.
FROM THE CITY CLERK
No. 60
Vacant Staff Positions
Item No. 61, CCP, 1/9/96
In response to Resolution #61, CCP 1/9/95, as of December 31,
1995, there was a surplus of $54,903.36 in vacant positions which will be
transferred as follows for the following purposes:
$30,000.00 will be transferred to #100-010-085-00-982 for upgrades of
computer equipment and furnishings for new councilmembers and staff. In
addition, there is broken furniture that needs to be replaced.
$12,000.00 will be reallocated to #100-010-001-00-112 to provide Intern
funds for newly elected councilmembers.
$4,903.36 will be reallocated to #100-0 10-001-00-304 to provide travel
allowance for newly elected councilmembers, if needed.
$4,000.00 will be divided and transferred to #100-010 (councilmember's
account 100-135 the newly elected councilmembers to provide automobile
allowances which is currently $9.00 per day until June 30, 1996. This amount
will also not exceed the maximum 6 month total each Councilmember receives.
$4,000.00 will be transferred to the Public Works Department's #114
account for overtime put in by staff members to paint Councilmembers' offices
after normal working hours.
As in the past, all unexpended funds will revert to the general fund
after June 30, 1996.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
No. 61
Disposition of City Records
The following departments have requested to dispose of City Records
as indicated on the attached forms. Based on the information provided I have
authorized the disposition of these records in my capacity as City Records
Management Officer
Police Dept.
RECEIVED AND FILED.
No. 62
Auto Allowance
The following departments have filed the required certificate
relative to the granting of automobile transportation allowances for employees
in their respective departments:
Dept. of Public Works - William Moss
Dept. of Human Services, Parks & Recreation - Douglas Fabian
RECEIVED AND FILED.
No. 63
Liquor License Applications
Attached hereto are communications from persons applying for liquor
licenses from the Erie County Alcohol Beverage Control Board.
Address Business Name Owner's Name
257 Franklin Franklin Mint Franklin Mint, Inc.
RECEIVED AND FILED.
No. 64
Leaves of Absence without Pay
I transmit herewith notifications received by me, reporting the
granting of the leaves of absence without pay, in the various departments as
listed:
Comptroller - Gloria Schiavone
Public Works - Paul McDonnell, Dennis Chapman
RECEIVED AND FILED.
No. 65
Reports of Attendance
I transmit herewith communication received by me, from the various
boards, commissions, agencies and authorities reporting the membership
attendance at their respective meetings:
Board of Stadium and Auditorium
City Planning Board
Municipal Housing Authority
Zoning Board of Appeals
RECEIVED AND FILED.
No. 66
Notices of Appointments - Council Interns
I transmit herewith appointments to the position of Council Intern.
Mrs. LoTempio moved the approval of the appointments to the position of
Council
Intern.
ADOPTED.
Appointment Effective January 12, 1996 in the Department of Common
Council, Russell C. Link, 56 Arlington Pl. Buffalo, 14201, to the Position of
Intern V, Seasonal, at the Flat Starting Salary of $8.00.
No. 67
Notices of Appointments - Seasonal/Flat
I transmit herewith certificates received by me, reporting seasonal
and flat salary appointments made in various departments.
RECEIVED AND FILED.
DEPARTMENT OF PUBLIC WORKS
Appointment effective January 5, 1996 in the Department of Public
Works, Division of Buildings, Robert Bell, 44 Ashton Pl., Buffalo 14220 to the
position of Sr. first class stationary engineer, temporary, at the flat
starting salary of $7.33 hr.
DEPARTMENT OF POLICE
Appointment Effective January 09, 1996 in the Department of Police,
Inez Hall, 66 Herman Street, Buffalo, New York 14212 to the position of School
Crossing Guard (TSAR), Temporary, at the Minimum Starting Salary of $ 6.00.
DEPARTMENT OF STREET SANITATION
Appointment Effective January 8, 1996 in the Department of Street
Sanitation, Nicholas Zendano, 396 Potomac Avenue, Buffalo, New York 14213, to
the Position Of Laborer II, Seasonal, at the Flat Starting Salary of $6.92 hr.
Appointment Effective January 10, 1996 in the Department of Street
Sanitation, Matthew B. O'Grady, 212 Summit, Buffalo, New York 14214, to the
Position of Laborer II, Seasonal, at the Flat Starting Salary of $6.92 hr.
Appointment Effective January 11, 1996 in the Department of Street
Sanitation, Brian G. Gayhart, 72 Lilac, Buffalo, New York 14220, to the
Position of Laborer II, Seasonal, at the Flat Starting Salary of $6.92 hr.
DEPARTMENT OF ADMINISTRATION & FINANCE
Appointment Effective January 8, 1996 in the Department of Administration
and Finance Division of Parking Enforcement, Georgianna Verrastro, 24 Knox
Avenue, Buffalo 14216 to the Position of Clerk, Seasonal, at the Flat Starting
Salary of $5.20.
Appointment Effective January 16, 1996 in the Department of
Administration and Finance, Division of Parking Enforcement, Dana M. Taibbi,
757 Prospect Avenue, Buffalo 14213
to the Position of Clerk, Seasonal, at the Flat Starting Salary of $5.20.
DEPARTMENT OF HUMAN SERVICES, PARKS, & RECREATION
Appointment Effective January 8, 1996 in the Department of Human
Service Parks & Recreation, Division of Youth, to the Position of Attendant,
Temporary, at the Flat Starting Salary of $4.42 p/h
Andrea Anderson, 541 Woodlawn, Buffalo 14208
Randall Patterson, 107 Elmer, Buffalo 14215
Rosalyn Porter, 353 Northumberland, Buffalo 14215
Appointment Effective January 11, 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
Cathleen Lasky, 91 Eaglewood, Buffalo 14220
Appointment Effective January 11, 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
Kevin Murphy, 94A Alturia, Buffalo 14220
Thomas Carloni, 25 Boone, Buffalo 14220
Caroline Kozakiewicz, 262 Eden, Buffalo 14220
Maureen Jackson, 163 Columbus, Buffalo 14220
Christopher Fuller, 7 Marine Drive, Buffalo 14202
Gina Gangarossa, 321 Normal, Buffalo 14213
Franklin McClellan, 20 Hamlin, Buffalo 14208
Marcus Turner, 183 Goulding, Buffalo 14208
Len Tatum, 144 Allen, Buffalo 14201
Melissa Robertson, 634 E. Ferry, Buffalo 14211
Appointment Effective January 16, 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
Judith Bryson-Harper, 103 Fennimore, Buffalo 14215
Marv Lawson, 119 Mapleridge, Buffalo 14215
Samuel Turner Sr., 116 Fernhill, Buffalo 14215
Benjamin Smith, 401 Delaware #501-A, Buffalo 14202
Beverly Semenow, 2004 Bailey, Buffalo 14211
Appointment Effective January 17, 1996 in the Department of Human
Services Parks & Recreation, Division for Youth, to the position of Attendant,
Temporary, at the Flat Starting Salary of $4.42 p/h
Hung Do, 74 Houston, Buffalo 14220
Joseph Zon, 129 Military, Buffalo 14207
Maryann Grunzweig, 97 Condon, Buffalo 14207
Gary Nelson, 341 East, Buffalo 14207
Appointment Effective January 12, 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.
Rebecca Wilson, 281 Abbott, Buffalo 14220
Appointment Effective January 16, 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.
Irving Scrivens, 134 Kehr, Buffalo 14211
Appointment Effective January 11 , 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
LeMar Robinson , 17 Hamlin, Buffalo -14203
Appointment Effective January 16, 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
Cliffie M. Turner, 109 Pembroke, Buffalo 14215
Appointment Effective January 17, 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
Michael Blake, 77 Spaulding, Buffalo 14220
Appointment Effective January 18, 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.
Lisa Dio, 720 LaSalle, Buffalo 14215
No. 68
Appointments - Temporary, Provisional or Permanent
I transmit herewith Appointments in the various departments made
at the Minimum (Temporary, Provisional or Permanent) and for Appointments at
the Maximum (as per contract requirements) .
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
DEPARTMENT OF AUDIT & CONTROL
Appointment Effective January 4, 1996 in the Department of Audit
and Control, Division of Audit, Gloria A. Schiavone, 3 Hecla Street, Buffalo,
NY 14216 to the Position of Senior Auditor, Temporary, Minimum Starting Salary
of $30,635.
DEPARTMENT OF PUBLIC WORKS
Appointment Effective January 8, 1996 in the Department of Public
Works, Division of Buildings, Darren J . Toczek, 147 Bush Street, Buffalo
14207, to the Position of Laborer I, Permanent, at the Minimum Starting Salary
of $9.02.
Appointment Effective January 9, 1996 in the Department of Public Works,
Division of Water, William McKnight, 1736 Hertel Avenue, Buffalo, 14216, to the
Position of Caulker, Temporary, at the Minimum Starting Salary of $22,85.
Appointment Effective January 22, 1996 in the Department of Public Works,
Division of Water, Joseph Genova, 71 Hinman Avenue, Buffalo, 14216 to the
Position of Truck Driver, Permanent, at the Starting Salary of $22,266.
DEPARTMENT OF POLICE
Appointment Effective January 15, 1996 in the Department of Police,
Ann M. Danowski, 43 Edgewood Avenue, Buffalo, New York 14220, to the position
of Public Safety Dispatcher (Civilian), Provisional, at the Minimum Starting
Salary of $23,703.
DEPARTMENT OF ADMINISTRATION & FINANCE
Appointment Effective January 16, 1996 in the Department of
Administration
and Finance, Division of Parking Enforcement Margaret M. Otto, 328 Southside
Parkway, Buffalo 14220, to the Position of Junior Traffic Clerk, Temporary, at
the Minimum Starting Salary of $20,215.
NON-OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES
NON-OFFICIAL COMMUNICATIONS
No. 69
ROSWELL PARK MEMORIAL INST.
Minority Participation Program
Enclosed please find information regarding minority participation
statistics and a current project progress overview. If you have any questions
about this report do not hesitate to call our office. Thank you.
RECEIVED AND FILED.
No. 70
K. SWAN
Resignation- Council & Committee Reporter
As per our conversation Friday, January 19th, my last day will
now be Tuesday, January 30, 1996.
RECEIVED AND FILED.
No. 71
TCI GREAT LAKES, INC.
Info-Rate change, etc.
As you may know, the FCC recently created a new optional procedure
for cable operators to adjust existing rates. The Thirteenth Order On
Reconsideration MM Docket No. 92-266 (September 22, 1995), allows for an annual
rate adjustment designed to recapture past and projected changes in costs.
This new procedure (implemented through the filing of a Form 1240) appears to
be superior to the existing Form 1210 procedure from the perspective of
Subscribers, regulators and operators. It will minimize the administrative
burden and confusion associated with quarterly filings.
The Thirteenth Order On Reconsideration and Section 76.922(e)(1) of the
FCC rules allow cable operators to choose their annual filing date, but they
must notify local franchising authorities of the proposed date prior to filing.
We anticipate filing this Form with you on or about March 1, 1996
simultaneously with Form 1205 for equipment and installation. This will
provide for a proposed rate implementation date no later than June 3, 1996.
Thank you for your attention to this matter. If you have any questions
about this matter, please contact me at the address below or by telephone at
412-771.
REFERRED TO THE SPECIAL COMMITTEE ON TELECOMMUNICATIONS.
PETITIONS
No. 72
Rite-Aid, owners Petition to use 1220 Lovejoy for a pole sign.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD AND THE
COMMISSIONER OF COMMUNITY DEVELOPMENT.
No. 73
Vincent Caruana, petitioner, petition to use 1094 Hertel for a
sit-in restaurant.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD AND THE
COMMISSIONER OF COMMUNITY DEVELOPMENT.
REGULAR COMMITTEES
CIVIL SERVICE
DAVID CZAJKA
CHAIRMAN
No. 74
Notices Of Appointment Temp/Prov/Perm
(Item # 66 CCP December 26, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED
No. 75
Salary Ordinance Amendment
98 - Department of Water
0 - General Office
021 - Administrative Services
(Item No. 174, C.C.P., Dec. 12, 1995)
That the Salary Ordinance Amendment as contained in Item No. 174,
C.C.P., December 12, 1995, be and the same hereby is approved.
PASSED.
AYES- BROWN, COPPOLA, CZAJKA, FRANCZYK, GRAY, KAVANAUGH, LOCKWOOD, LOTEMPIO,
PITTS, QUINTANA, WILLIAMS, ZUCHLEWSKI- 12
NOES- HELFER- 1
No. 76
Appointment
Public Safety Dispatcher
That Communication No. 34 December 26, 1996 be received and filed
and the provisional appointment of Mary C. Jones stated above at the
intermediate salary $24,507.00 effective on December 4, 1995 is hereby
approved.
PASSED.
AYES- 13 NOES- 0
No. 77
Appointment
Deputy Director
That Communication No. 57 December 26, 1995 be received and filed
and the permanent appointment of Douglas Fabian stated above at the
intermediate salary $38,629.00 effective on December 18, 1995 is hereby
approved.
PASSED.
AYES- BROWN, CZAJKA, FRANCZYK, GRAY, KAVANAUGH, LOCKWOOD, LOTEMPIO, PITTS,
QUINTANA, WILLIAMS, ZUCHLEWSKI- 11
NOES- COPPOLA, HELFER- 2
No. 78
Appointment
Counselor III
That Communication No. 58 December 26, 1995 be received and filed
and the provisional appointment of Lauris Robinson stated above at the maximum
salary $24,896.00 effective on December 7, 1995 is hereby approved.
PASSED.
AYES- 13 NOES- 0
No. 79
Salary Ordinance Amendment
20 - Department of Police
1 - Police Administration
021 - Administration & Communications
(Item No. 156, C.C.P., Dec. 26, 1995)
That the above item be, and the same hereby is, returned to the
Common Council without recommendation.
Mr. Czajka moved:
That the Salary Ordinance Amendment as contained in Item No. 156, C. C.
P., December 26, 1995, be and the same hereby is approved.
PASSED.
AYES- 13 NOES- 0
No. 80
Salary Ordinance Amendment
40 - Department of Public Works
1 - Division of Engineering
013 - Operation of Bridges
(Item No. 158, C.C.P., Dec. 26, 1995)
That the Salary Ordinance Amendment as contained in Item No. 158,
C.C.P., December 26, 1995, be and the same hereby is approved.
PASSED.
AYES- 13 NOES- 0
No. 81
Salary Ordinance Amendment
08 - Department of Law
(Item No. 159, C.C.P., Dec- 26, 1995)
That the Salary Ordinance Amendment as contained in Item No. 159,
C.C.P., December 26, 1995, be and the same hereby is approved.
PASSED.
AYES- 13 NOES- 0
No. 82
Appointment
Caulker Supervisor I
That Communication No. 17 January 9, 1996 be received and filed
and the provisional appointment of Michael Canfield stated above at the
intermediate salary $28,538.00 effective on January 2, 1996 is hereby approved.
PASSED.
AYES- 13 NOES- 0
No. 83
Appointment
Building Inspector
That Communication No. 40 January 9, 1996 be received and filed
and the permanent appointment of Dwain Laws stated above at the intermediate
salary $32,459.00 effective on September 25, 1995 is hereby approved.
PASSED.
AYES- 13 NOES- 0
No. 84
Appointment
Building Inspector
That Communication No. 41 January 9, 1996 be received and filed
and the permanent appointment of Kevin Gould stated above at the intermediate
salary $33,742.00 effective on September 25, 1995 is hereby approved.
PASSED.
AYES- 13 NOES- 0
No. 85
Appointment
Assistant Management Analyst
That Communication No. 44 January 9, 1996 be received and filed
and the permanent appointment of Donna Estrich stated above at the permanent
salary $29,842.00 effective on January 2, 1996 is hereby approved.
PASSED.
AYES- 13 NOES- 0
FINANCE
HON. DAVID FRANCZYK
CHAIRMAN
No. 86
Report Audit - Prisoner Property - Police
(Item # 11 CCP October 31, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 87
Rite-Aid - Complaint Prop. 2470-72 Bailey
(Item # 76 CCP October 31, 1995)
That the above mentioned Item be and the sane is hereby received
and filed.
ADOPTED.
No. 88
Bennett Wells Post - Claims/Wtr. Damage/463 Riley
(Item # 88 CCP November 14, 1995)
That the above mentioned Item be and the same is hereby referred
to the Claims Committee.
ADOPTED.
No. 89
Lead Agency Designation
Northeast Buffalo Parkway
(Item No. 26, C.C.P., Nov. 28, 1995)
That this Common Council consents to the designation of the Department
of Public Works as Lead Agency under the New York State Environmental Quality
Review Act for the Northeast Buffalo Parkway.
ADOPTED.
No. 90
Waste Site - Marilla/Hopkins
(Item # 2 CCP January 9, 1996)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 91
Liquor License Applications
(Item # 66 CCP December 12, 1995)
That the above mentioned Item be and the same is hereby referred
to the Mayor.
ADOPTED
.
No. 92
Liquor License Applications
(Item # 22 CCP December 26, 1995)
That the above mentioned Item be and the same is hereby referred
to the Mayor.
ADOPTED.
No. 93
A. Eve - Distr. of 1% Sales Tax
(Item # 73 CCP December 12, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 94
Hilton & Hilton - Give Property to City/621 Goodyear
(Item # 77 CCP December 12, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 95
Hilton & Hilton - Give 621 Goodyear/City
(Item # 35 CCP January 9, 1996)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 96
Certificate of Deter. Bond Sale
(Item # 17 CCP December 26, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 97
Monthly Overtime Report
(Item # 18 CCP December 26, 1995)
That the above mentioned Item be and the same is hereby referred
to Budget.
ADOPTED.
No. 98
Extend contract CID Refuse
(Item # 30 CCP December 26, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 99
Extend Contract CID Refuse
(Item # 90 CCP December 26, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 100
Extend Contract - CID Refuse
(Item # 91 CCP December 26, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 101
Change in Contract - New Roof - Roberto Clemente
West Side Health Center
(Item No. 31, C.C.P., Dec. 26, 1995)
That the Commissioner of Public Works be, and he hereby is, authorized
to issue change order #1 to All-Weather Contractors, Inc., changes resulting in
a net increase in the amount of $2,900.00, as more fully described in the above
communication, for work relating to New Roof, Roberto Clemente West Side Health
Center, C-91837300. Funds to be charged to B/F 200-402-529 - Division of
Buildings.
PASSED.
AYES- 13 NOES- 0
No. 102
Transfer of Title - Urban Homestead Program
200 Mulberry Street
(Item No. 44, C.C.P, Dec. 26, 1995)
That the City-owned property commonly known as 200 Mulberry Street,
is hereby designated as Homestead Property, and that the Mayor be, and he
hereby is, authorized to execute a deed transferring said property to Ms. Ruby
Baines of 200 Mulberry Street, for the amount of $1.00 (One Dollar), and all
costs of transfer, on the condition the property is cleared and improved within
six (6) months and the property is maintained in a sanitary manner for at least
thirty-six (36) months.
PASSED.
AYES- 13 NOES- 0
No. 103
Rescind Demolition - 563 Broadway
(Item No. 47, C. C. P., Dec. 26, 1995)
That the action of the Common Council under Item No. 64, C.C.P.,
July 20, 1993 authorizing the demolition of 563 Broadway in the amount of
$4,250.00 charged to Special Assessment Fund #500-000-002-00000 be, and the
same hereby is rescinded.
PASSED.
AYES- 13 NOES- 0
No. 104
Rescind Demolition - 872 Fillmore Avenue
(Item No. 48, C.C.P., Dec. 26, 1995)
That the action of the Common Council under Item No. 73, C.C.P.,
May 12, 1992 authorizing the demolition of 872 Fillmore Avenue in the amount of
$7,188.00 charged to Special Assessment Fund #500-000-002-00000 be, and the
same hereby is rescinded.
PASSED.
AYES- 13 NOES- 0
No. 105
Rescind Demolition - 854 Genesee Street
(Item No. 49, C.C.P., Dec. 26, 1995)
That the action of the Common Council under Item No. 64, C.C.P.,
November 15, 1994 authorizing the demolition of 854 Genesee Street in the
amount of $9,300.00 charged to Special Assessment Fund #500-000-002-00000 be,
and the same hereby is rescinded.
PASSED.
AYES- 13 NOES- 0
No. 106
Rescind Demolition - 116 Goemble Street
(Item No. 50, C.C.P., Dec. 26, 1995)
That the action of the Common Council under Item No. 30, C.C.P.,
January 7, 1992 authorizing the demolition of 116 Goemble Street in the amount
of $3,325.00 charged to Special Assessment Fund #500-000-002-00000 be, and the
same hereby is rescinded.
PASSED.
AYES- 13 NOES- 0
No. 107
Rescind Demolition - 176 Herkimer Street
(Item No. 51, C.C.P., Dec. 26, 1995)
That the action of the Common Council under Item No. 54, C. C.
P., May 11, 1993 authorizing the demolition of 176 Herkimer Street in the
amount of $5,160-00 charged to Special Assessment Fund #500-000-002-00000 be,
and the same hereby is rescinded.
PASSED.
AYES- 13 NOES- 0
No. 108
Rescind Demolition - 125 Van Rensselaer Street
(Item No. 52, C.C.P., Dec. 26, 1995)
That the action of the Common Council under Item No. 87, C. C.
P., July 7, 1992 authorizing the demolition of 125 Van Rensselaer Street in the
amount of $4,599.00 charged to Special Assessment Fund #500-000-002-00000 be,
and the same hereby is rescinded.
PASSED.
AYES- 13 NOES- 0
No. 109
Rescind Demolition - 626 West Utica Street
(Item No. 53, C.C.P., Dec. 26, 1995)
That the action of the Common Council under Item No. 61, C. C.
P., February 16, 1993 authorizing the demolition of 626 West Utica Street in
the amount of $6,400.00 charged to Special Assessment Fund #500-000-002-00000
be, and the same hereby is rescinded.
PASSED.
AYES- 13 NOES- 0
No. 110
Rescind Demolition - 526-28 Genesee Street
(Item No. 30, C.C.P., Jan. 9, 1996)
That the action of the Common Council under Item No. 68, C. C.
P., December 27, 1994 authorizing the demolition of 526-28 Genesee Street in
the amount of $9,346.00 charged to Special Assessment Fund #500-000-002-00000
be, and the same hereby is rescinded. Block Grant Funds will be used to cover
the cost of demolishing this property.
PASSED.
AYES- 13 NOES- 0
No. 111
Permission to Enter Contract - Kids Hotline
(Item No. 56, C.C.P., Dec. 26, 1995)
That the Commissioner of Human Services, Parks and Recreation
be, and he hereby is, authorized to enter into an agreement with the Central
Referral Services, Inc. and the County of Erie for the continuance of the Kids
Hotline in the amount of $10,000 PINS/JD Diversion Program
PASSED.
AYES- 13 NOES- 0
No. 112
Interfund Loan
(Item No. 6, C.C.P., Jan. 9, 1996)
That the above item be, and the same hereby is, returned to the
Common Council without recommendation.
Mr. Franczyk moved :
That the above item be separated, and
That the Comptroller be, and he hereby is, authorized to make an
interfund cash loan from the City General Fund to the City's Capital Projects
Fund in the amount of $100,000 for reconstruction of bridges, viaducts. The
loan will be repaid when Bond Anticipation Notes or Bonds are issued.
PASSED.
AYES- 13 NOES- 0
Mr. Franczyk further moved:
That the request to approve an interfund cash loan of $500,000 for
Neighborhood Redevelopment Site Prep. be recommitted to the Committee on
Finance.
ADOPTED
No. 113
Bids - Hatch Cover Rehabilitation - Phase 2
(Item No. 12, C.C.P., Jan. 9, 1996)
That the Commissioner of Public Works be, and he hereby is, authorized
to award a contract for Hatch Cover Rehabilitation, Phase 2, Contract No. 32 to
Kandey Company, Inc., the lowest responsible bidder in the amount of
$192,970.00 plus $19,297.00 for approved unit prices for a total encumbrance of
$212,267.00; with said cost to be charged against the Division of Water's
Capital Projects Account, 416-983-013-00-000.
PASSED.
AYES- 13 NOES- 0
No. 114
Extension of Bridge Consultant Contract
(Item No. 14, C.C.P., Jan. 9, 1996)
That the Commissioner of Public Works be, and he hereby is, authorized
to extend the existing contract with the consulting firm of T.V.G. & A. to
complete emergency bridge work not to exceed two (2) months and $30,000.00.
Funds to be charged to the Division of Engineering, Account No. 200-401-023.
PASSED.
AYES- 13 NOES- 0
LEGISLATION
HON. ALFRED T. COPPOLA
CHAIRMAN
No. 115
Rudolph Alloy, Jr. - Petition to use
976 Elmwood Avenue - Sit-in Restaurant
Item No. 55, C.C.P., Jan. 9, 1996)
That after a public hearing before the Committee on Legislation
on January 16, 1996, the petition of Rudolph Alloy, Jr., tenant, owner, for
permission to use 976 Elmwood Avenue for a sit-in restaurant be, and hereby is
approved with the following conditions:
1 . The operator will comply with the current blue neon theme along Elmwood
Avenue in any signage for this establishment.
2. No alcoholic beverages will be allowed without Common Council permission.
3. The outside of the premises will be kept free of snow, ice and debris.
4. A decorative trash receptacle will be maintained outside.
PASSED.
AYES- 13 NOES- 0
No. 116
B. K. G. Associates - Petition to use 2189 Seneca Street - Take-out
Restaurant
(Item No. 56 C.C.P., Jan. 9, 1996)
That after a public hearing before the Committee on Legislation
on January 16, 1996, the petition of B.K.G. Associates, tenant, for permission
to use 2189 Seneca Street for a take-out restaurant be, and hereby is approved.
PASSED.
AYES- 13 NOES- 0
No. 117
Roger E. Restorff, Petition to Rezone
736-756 Kenmore Avenue
(Item No. 84, C.C.P., Dec. 12, 1995)
That the Common Council of the City of Buffalo does hereby ordain
as follows:
That that part of the Zoning Ordinances of the City of Buffalo, Section
511-126 of Article XXV of Chapter 511 as it relates to the use map thereof be
amended to show a "CM" Commercial District rather than a "R-3" Residential
District for the premises known as 736-756 Kenmore Avenue, be and hereby is
approved with the conditions as fully described in the communication from the
City Planning Board of the January 23, 1996 meeting and
That the rezoning of 736-756 Kenmore Avenue from R-3 to CM under the
Special Development Plan No. 25 as recommended by the City Planning Board be
approved as described and that this rezoning shall not be effective unless and
until a certified copy thereof has been filed by the petitioner in the offices
of the County Clerk's office and proof of such filing is submitted to the City
Clerk's office.
PASSED.
AYES- 13 NOES- 0
No. 118
Richard A. & J. Rozwadowski - Petition to use
1735 Hertel Avenue - Restaurant Addition
(Item No. 86, C.C.P., Dec. 12, 1995)
That after a public hearing before the Committee on Legislation
on January 16, 1996, the petition of Richard A. & J. Rozwadowski, owner, for
permission to use 1735 Hertel Avenue for a restaurant addition be, and hereby
is approved.
PASSED.
AYES- 13 NOES- 0
No. 119
Ellicott Mall - Resident Property Manager
(Item # 70 CCP November 29, 1995)
That the above mentioned Item be and the same is hereby received
and filed.
ADOPTED.
No. 120
Req. Update on Lead Testing - BMHA
(Item # 222 CCP September 19, 1995)
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
No. 121
Lead Testing Of Water
(Item # 18 CCP December 12, 1995)
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
No. 122
C. Miller Request Noise Measurement Test
(Item # 77 CCP October 17, 1995)
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
No. 123
L. Buell - Req. Sound Measurement - Gulley's 2191 Niagara
(Item # 101 CCP November 14, 1995)
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
No. 124
Advent Sys. Sound Pressure Level - Gulley's
(Item 58 CCP November 28, 1995)
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
No. 125
Sound Measure - Gulley's
(Item # 40 CCP December 12, 1995)
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
No. 126
C. Miller- Noise Measure Test
(Item # 54 CCP December 26, 1995)
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
No. 127
Procedure Recovering Stolen Vehicles
(Item # 167 CCP November 14, 1995)
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
No. 128
Info. - Dumpster Fines, etc.
(Item # 22 CCP January 9, 1996)
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
No. 129
Appointment of Member to the Citizens
Advisory Committee on Community Improvement
(Item No. 1, C.C.P., Dec. 12, 1995)
That the appointment of Dr. John Conley, 551 Auburn Avenue, as
a member of the Citizens Advisory Committee on Community Improvement, effective
immediately, for a term expiring June 30, 1998, be and hereby is accepted by
this Common Council.
ADOPTED.
No. 130
Use 1735 Hertel
(Item # 10 CCP December 26, 1995)
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
No. 131
Kiosk - Illinois/So. Park
(Item # 11 CCP December 26, 1995)
That the above mentioned item be and the same is hereby referred
to the Stadium/Auditorium Task Force.
ADOPTED.
No. 132
Board of Ethics - Meeting Minutes
(Item # 15 CCP December 26, 1995)
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
No. 133
Notification Serial 8565
(Item # 23 CCP December 26, 1995)
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
No. 134
Encroach Awning - 528 Abbott Road
(Item No. 32, C.C.P., Dec. 26, 1995)
That the Commissioner of Public Works be and he hereby is, authorized
to issue a "mere license" to Mr. James Wisner, Sr., owner of Jo-Jo's Pizza and
Subs, located at 528 Abbott Road, to install an awning which would encroach
city right-of-way at said address, subject to the following conditions:
1. That the applicant obtain any and all other City of Buffalo permits
necessary for said installation.
2. That the awning be installed exactly as shown on plans submitted to
and approved by the Department of Public Works, Division of Buildings.
3. That the applicant supply the City of Buffalo with a five thousand
dollar ($5,000) construction in street bond or certificate of insurance which
will indemnify and save harmless the City of Buffalo against any and all loss
and damage arising out of the construction, maintenance, use and removal of
said awning.
PASSED.
AYES- 13 NOES- 0
No. 135
Ordinance Amendment - Chapter 254
Junk Dealers and Pawnbrokers
(Item No. 163, C.C.P., Dec. 26, 1995)
That the Ordinance Amendment as contained in item No. 163, C.C.P.,
December 26, 1995, be and the same hereby is approved.
PASSED.
AYES- 13 NOES- 0
No. 136
Lakefront Blvd. Extension-Lakefront Commons
(Item # 16 CCP January 9, 1996)
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
No. 137
Waiver of Street Improvements Lakefront Boulevard
(Item No. 86, C.C.P., Jan. 9, 1996)
That the Common Council request the Commissioner of Public Works
to waiver requirements for Public Improvements at Lakefront Boulevard under
special circumstances.
That the Lakefront Boulevard become a dedicated street in accordance with
provisions approved by the Public Works Department and City Planning Board.
That the Common Council approve the allocation of $125,000 for
specifications and improvement of the extension of Lakefront Boulevard.
PASSED.
AYES- 13 NOES-0
No. 138
Abandon Windemere Blvd.
(Item No. 36, CCP, Jan 9, 1996)
That the above mentioned item be and the same is hereby referred
to the Committee on Finance.
ADOPTED.
No. 139
Ordinance Amendment
Chapter 399 - Smoking
(Item No. 78, C.C.P., Jan. 9, 1996)
That the above item be, and the same hereby is, returned to the
Common Council without recommendation.
Mr. Coppola moved that the above item be recommitted to the Committee on
Legislation.
ADOPTED.
COMMUNITY DEVELOPMENT
HON. DALE ZUCHLEWSKI
CHAIRMAN
No. 140
LDA - Hickory Woods New Hsg. Proj. Hearing
(Item No. 29, C.C.P. 1/9/96)
That the above item be and the same is returned to the Common
Council without recommendation.
A public hearing has been set, before the Common Council, at this
regularly scheduled meeting, on the above item, and a Notice of same has been
published in the Buffalo News, a copy of which is attached hereto.
On a motion by Mrs. LoTempio, seconded by Mr. Zuchlewski, the item is
properly before the Common Council, and the hearing be opened.
CARRIED.
Appearances - Lou Malucci - Community Development
K. Ptak - Burke Bros.
Mrs. LoTempio now moved that the hearing be closed. Seconded by Mrs.
Gray.
CARRIED.
Mrs. LoTempio now moved that:
Whereas, the Buffalo Urban Renewal Agency (herein referred to as the
'Agency') has duly designated Burke Brothers Construction Co., Inc. and/or
other legal entity to be formed as qualified and eligible Redeveloper in
accordance with rules and procedures duly adopted by the Agency; and
Whereas, the City Clerk has published a Notice of Public Hearing, as
required by Section 507, Subdivision 2 (d) of the "General Municipal Law'; and
Whereas, the proposed Land Disposition Agreement has been duly submitted
to this Common Council by the Buffalo Urban Renewal Agency; and
Now, Therefore, Be It Resolved:
(1) That Burke Brothers Construction Co., Inc. and/or other legal
entity to be formed was duly designated as qualified and eligible Redeveloper
by the Buffalo Urban Renewal Agency, is hereby approved as the Redeveloper for
the Hickory Woods New Housing Project.
(2) That the Mayor of the City of Buffalo and the Chairman or Vice
Chairman of the Buffalo Urban Renewal Agency is hereby authorized to execute
any and all deeds or other legal ;documents necessary to convey the land
described in the proposed 'Land Disposition Agreement to the Redeveloper and/or
other legal entity to be formed in accordance with the terms of said Agreement
and for the consideration recited therein.
PASSED.
AYES- 13 NOES- 0
No. 141
Recover Funds from Uniland - Oak/Michigan
(Item # 181 CCP May 25, 1995)
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
No. 142
Uniland Development of Block I
(Item # 29 CCP June 8, 1995)
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
No. 143
Uniland Development of Block I
(Item # 48 CCP June 8, 1995)
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
No. 144
ECIDA - Uniland Development of Block I
(Item # 61 CCP June 8, 1995)
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
No. 145
Req. Info. Uniland Oak/Michigan Corridor
(Item 205 CCP October 19, 1995)
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
No. 146
Info. Uniland Oak/Michigan Corridor
(Item # 60 CCP November 3, 1995)
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
No. 147
Uniland - Block #21
(Item # 82 CCP May 16, 1995)
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
No. 148
First Buffalo River Marina - Acq. Marina
(Item # 75 CCP October 17, 1995)
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
No. 149
Job Opportunities
(Item No. 167, C.C.P., Oct. 31, 1995)
That the Commissioner of Community Development submit a detailed
outreach and training program to Buffalo's Common Council that specifies
actions and training that will be available to the unemployed who live in
Buffalo's most needy neighborhoods and the plan for connecting the trained
people with job availability so they may benefit from all economic development.
ADOPTED.
No. 150
Specialized Technical Bond Assistance and
Mobilization Outreach and Service Program
(Item No. 168, C.C.P., Feb. 21, 1995)
That this Common Council requests the Commissioner of Community
Development to establish a program designed to assist small businesses to
obtain performance bonds.
ADOPTED.
No. 151
Set Hearing - UR Plan Amend
(Item # 192 CCP October 17, 1995)
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
No. 152
South Ellicott Phase 2 Renewal Plan
Abandon Portion of Chicago Street
(Item No. 26, C.C.P., Jan. 9, 1996)
That the Comptroller be, and he hereby is, authorized to abandon
the portion of Chicago Street, on the south side of Exchange Street, that is
necessary for the South Ellicott Urban Renewal Plan.
Mr. Zuchlewski moved that the above item be recommitted to the Committee
on Community Development.
ADOPTED.
No. 153
Weatherization Assisted Repair Model (WARM) Program
(Item No. 37, C.C.P., Jan. 9, 1996)
That the Commissioner of Neighborhoods, Housing and Inspections
be, and he hereby is, authorized to use $100,000 of HOME Rental Rehabilitation
funds to enter into a Cooperative Agreement between the N.Y. S. Department of
State, the BNRC and the Clarkson Center for Human Services, Inc. to conduct the
Weatherization Assisted Repair Model (WARM) Program.
PASSED.
AYES- 13 NOES- 0
No. 154
Info. - USEPA Grant
(Item # 85 CCP January 9, 1996)
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
COMMITTEE ON EDUCATION
HON. BARBRA KAVANAUGH
CHAIRMAN
No. 155
Mem. Leg. - School Bd. Elections
(Item # 179 CCP February 7, 1995)
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
No. 156
Eliminate Bus Pass - Students Less Than 2 miles
(Item # 201 CCP September 5, 1995)
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
No. 157
Certificate of Necessity
(Item # 5 CCP October 17, 1995)
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED.
No. 158
Increased Appropriation - Board of Education
(Item No. 71, C.C.P., Jan. 9, 1996)
That pursuant to Section 41 of the Charter and the Certificate
of the Mayor and the Comptroller, the Comptroller be, and he hereby, is
authorized and directed to increase the revenue estimate of accounts in the sum
of $13,264,374.45 to meet the increased appropriation to 100 General Fund 97-0
Board of Education Operation And Maintenance.
PASSED.
AYES- 13 NOES- 0
RESOLUTIONS
No. 159
By: Mr. Brown
Request Status Reports- Drug Interdiction/Points
of Entry Program
Whereas: Drug trafficking is one of the most serious concerns in
Buffalo because it leads to a myriad of social, medical and psychological
problems; and
Whereas: Stopping the flow of illegal drugs into the Buffalo area is one of
the most effective ways of controlling this problem; and
Whereas: The Buffalo Common Council recently approved Police Commissioner R.
Gil Kerlikowske's request to authorize Mayor Anthony Masiello to execute the
renewal agreement for the 1995-1996 Drug Interdiction/Points of Entry Program;
and
Whereas: Under this agreement, the State of New York will provide $59,063
for the execution of this program to the Niagara Frontier Transportation
Authority Police Department through a subcontract with the City of Buffalo; and
Whereas: The stated goals of this program are: "to advance the intra-agency
cooperative points of entry interdiction program with the Buffalo Police
Department, Cheektowaga Police Department and Erie County Central Police
Services Crime Labs"; and
Whereas: The program will specifically target drug trafficking at the
Greater Buffalo International Airport and the Buffalo Bus Terminal; and
Whereas: An appendix of the agreement lists "performance measures"
established to help gauge the success of this program;
Now, Therefore Be It Resolved:
That this Common Council requests from the Niagara Frontier
Transportation Authority Police Department a status report about the Drug
Interdiction/Points of Entry Program; and
Be It Further Resolved:
That the Common Council requests from the Buffalo Police Department a
status report regarding their participation in the Drug Interdiction/Points of
Entry Program;
Be It Finally Resolved:
That the aforementioned status reports detail the progress of the program
to date and evaluate how successful the program has been in attaining the
stated goals.
REFERRED TO THE COMMITTEE ON FINANCE, THE COMMISSIONER OF POLICE AND NFTA
No. 160
By: Mr. Coppola
Request Information from NYS Lottery Officials
Whereas: New York State lottery officials recently announced that
our state lottery leads the nation in sales with $3 billion; and
Whereas: They also announced that the state lottery leads the nation with
$1.24 billion in profits; and in efficiency with $12.5 million in sales
generated per employee; and
Whereas: Since its inception in 1967, proceeds from the state lottery have
been used to support education in New York State, and Buffalo's Board of
Education has depended heavily upon state funding; and
Whereas: The governor's proposed budget reduces state aid to the Buffalo
school district by $4.3 million which is contradictory because of the recently
announced record profits.
Now Therefore Be It Resolved that
The City Clerk send a certified copy of this resolution to New York State
lottery officials with a request for detailed information on the operating
costs for administration of the funds and how the funds are disbursed; and a
certified copy be sent to State Comptroller Carl McCall for his input.
ADOPTED.
No. 161
By: Mr. Coppola
Ordinance Amendment - Towing
Whereas: Many people have experienced problems reclaiming a stolen
vehicle from the city's impound lot after it has been recovered by the police
department or parking enforcement; and
Whereas: The vehicle owners, through no fault of their own, are
inconvenienced by having to pay an $82 towing bill in order to recover the
stolen vehicle; and
Whereas: After suffering the emotional stress and financial hardship of
being a victim of a crime, a person should not have to incur any further
burdens when recovering their property;
Now, Therefore, Be It Resolved:
That the Corporation Counsel be requested to prepare an amendment to
Chapter 307, "Parking and Parking Lots," Subsection 307-8. "Towing," to allow
for the waiving of towing charges for those individuals recovering stolen
vehicles from the city's impound lot; and
Be It Further Resolved:
That the amendment include a provision that at the time of recovery of a
stolen vehicle, the vehicle owner provide a copy of the title and the police
report in order to provide proper identification to reclaim the vehicle.
REFERRED TO THE COMMITTEE ON LEGISLATION, CORPORATION COUNSEL, THE COMMISSIONER
OF ADMINISTRATION AND FINANCE, AND COMMISSIONER OF POLICE
No. 162
By: Mr. Coppola
Lafayette Park Ice Rink Name Change
Whereas: Since its inception, the ice rink adjacent to Lafayette
Park in North Buffalo has been known as Lafayette Park Ice Rink; and
Whereas: The ice rink has been operated by the Board of Directors of the
North Buffalo Community Development Corporation (NBCDC) since 1994, and
Whereas: The Board of Directors of the NBCDC has requested that the name of
the ice rink be changed to "North Buffalo Ice Rink", and
Whereas: While the ice rink is a regional attraction, the name change would
better reflect the community in which it is located.
Now Therefore Be It Resolved that
This Common Council supports the request of the Board of Directors of the
North Buffalo Community Development Corporation to change the name of the ice
rink adjacent to Lafayette Park to the "North Buffalo Ice Rink" because even
though the ice rink is a regional attraction, "North Buffalo Ice Rink" better
reflects the community in which it is located.
Be It Further Resolved that
A public hearing regarding the proposed name change be held during the
next regularly scheduled Common Council meeting on February 6, 1996.
REFERRED TO THE COMMITTEE ON LEGISLATION AND CORPORATION COUNSEL.
No. 163
By: Mr. Franczyk
Increased Appropriation
City Revenue
Division of Collections
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 - Department of Audit and Control, Division of Collections be and
the same hereby is increased in the sum of $30,000
That, the comptroller be and hereby is authorized and directed to
increase the revenue estimate of account:
Revenue City
100 General Fund
044 - Division of Collections
402 - City
61400 - Collection Processing Charges $30,000
To meet the increased appropriation as set forth below-.
100 General Fund
044 - Division of Collections
001 - Collections
570 - Financial and Accounting Services $30,000
REFERRED TO THE COMMITTEE ON FINANCE.
No. 164
By: Mr. Franczyk
Transfer of Funds
Exempt Items - Reserve for Capital Improvements
Capital Projects Fund - Division of Buildings
That pursuant to section 42 of the Charter and the Certificate
of the Mayor and the Comptroller submitted to the Common Council, the sum of
$145.46 be and the same is hereby transferred from the Reserve for Capital
Improvements account and said sum is hereby reappropriated as set forth below.
From:
100 General Fund
81-9 - Exempt Items
842 - Reserve for Capital Improvements $145.46
To:
81-8 Interfund Transfers
010 - Transfer to Capital Projects Fund $145.46
From:
81-8 Interfund Transfers
010 - Transfer to Capital Projects Fund $145.46
To:
200 Capital Projects
40-2 - Division of Buildings
081 - Roof Reconstruction Delaware
Park Labor Center $145.46
PASSED.
AYES- 13 NOES- 0
No. 165
By: Mr. Franczyk
Recycling in City Hall
Whereas: The City of Buffalo presently has a contract with CID
Refuse, Inc. to pickup recyclable materials; and
Whereas: CID has found markets to recycle various materials such as glass
bottles, cans, and plastic containers used for milk, water, juice, and/or
beverages; and
Whereas: Many City Hall employees consume bottled water and beverages in
plastic disposable containers; and
Whereas: However, in City Hall only paper products are collected and plastic
containers are tossed into the trash bins; and
Whereas: This practice amounts to throwing money into the trash bin;
Now, Therefore, Be It Resolved:
That the Common Council requests the Commissioner of Public Works to file
a report with the Common Council explaining why the Department of Public Works
does not collect other recyclable materials in City Hall and suggesting
potential solutions to this problem.
REFERRED TO THE COMMITTEE ON LEGISLATION AND THE COMMISSIONER OF PUBLIC WORKS.
No. 166
By: Mr. Franczyk:
Bond Resolution
$54,000 Bonds
Improvements to King Urban Life Center
Account 200-402-049
Bond Resolution of the City of Buffalo, New York, authorizing
the issuance of $54,000 General Improvement Bonds of said City to finance the
cost of partial roof reconstruction and drain replacement for the King Urban
Life Center located in the City, at the estimated total cost of $54,000.
The Common Council of the City of Buffalo, in the County of Erie, New
York, hereby resolves (by the favorable vote of not less than two-thirds of all
the members of said Common Council) as follows:
Section 1. The Comptroller of the City of Buffalo, in the County of Erie,
New York, is hereby authorized and directed to issue General Improvement Bonds
of said City in the principal amount of Fifty Four Thousand Dollars ($54,000),
pursuant to the provisions of the Charter of said City and the Local Finance
Law, constituting Chapter 33-a of the Consolidated Laws of the State of New
York (the "Law"), to finance the cost of partial roof reconstruction and drain
replacement for the King Urban Life Center located on the Northwest corner of
East Genesee and Rich Street in the City. The estimated total cost of said
specific object or purpose for which the bonds authorized by this resolution
are to be issued, including preliminary costs and costs incidental thereto and
the financing thereof, is $54,000 as set forth in the duly adopted Capital
Improvements Budget of said City for fiscal year 1995-96, as amended.
Section 2. The proceeds of the sale of the bonds authorized by this
resolution, or any bond anticipation notes issued in anticipation of the sale
of said bonds shall be deposited in the Capital Projects Fund to the credit of
the Department of Public Works, Division of Buildings, "Improvements King Urban
Life Center, 1995-96", Bond Authorization Account No. 200-402-048, and shall be
used for the class of objects or purposes specified in Section 1 of this
resolution.
Section 3. The City intends to finance, on an interim basis, the costs or
a portion of the costs of said improvements for which bonds are herein
authorized, which costs are reasonably expected to be incurred by the City,
pursuant to this Bond Resolution, in the maximum amount of $54,000. This
Resolution is a declaration of Official Intent adopted pursuant to the
requirements of Treasury Regulation Section 1. 150-2.
Section 4. The following additional matters are hereby determined and stated:
(a) The existing building is of Class " B " construction as defined by
Section 11.00 a. 11. (b) of the Law, and the period of probable usefulness
applicable to the specific object or purpose for which the bonds authorized by
this resolution are to be issued, within the limitations of Section 11
00a..12.(a)(2) of the Local Finance Law, is fifteen (15) years.
(b) Current funds are not required by the Law to be provided as a down
payment prior to the issuance of the bonds authorized by this resolution or any
bond anticipation notes issued in anticipation thereof in accordance with
Section 107.00 d. 9. of the Law.
Section 5. Each of the bonds authorized by this resolution and any bond
anticipation notes issued in anticipation of the sale of said bonds and the
renewals of said notes shall contain the recital of validity prescribed by
Section 52.00 of the Local Finance Law. Said bonds and said notes shall be
general obligations of the City of Buffalo payable as to both principal and
interest by a general tax upon all the taxable real property within said City
without limitation as to rate or amount. The faith and credit of said City are
hereby irrevocably pledged for the punctual payment of the principal of and
interest on said bonds and said notes. Provision shall be made annually by
appropriation by said City for the payment of interest on and for the amounts
required for the amortization and redemption of said bonds and said notes.
Section 6. The validity of the bonds authorized by this resolution or any
bond anticipation notes issued in anticipation of the sale of said bonds may be
contested only if:
(a) Such obligations are authorized for an object or purpose for which
the City of Buffalo is not authorized to expend money, or
(b) The provisions of law which should be complied with at the date of
the publication of this resolution are not substantially complied with,
and an action, suit or proceeding contesting such validity, is commenced within
twenty days after the date of such publication,
or
(c) Such obligations are authorized in violation of the provisions of
the constitution.
Introduced: January 23, 1996
LAID ON THE TABLE.
No. 167
By: Mr. Franczyk and Ms. Kavanaugh
Licensing of Absentee Landlords and Property
Managers as Business Owners and Operators
Whereas: More than half of Buffalo's residential houses non-owner
occupied absentee-owned income properties-, and,
Whereas: These properties are not the prime places of residence of the
owners, but rather function as service businesses, with the owner deriving
income from his "customer" tenants; and,
Whereas: To a demonstrable extent, there is a correlation between a high
percentage of absentee owned properties in a community and neighborhood blight,
deterioration and decay and,
Whereas: Owner-occupied homes build strong neighborhoods, as is there is
generally much greater care in maintaining the upkeep, appearance and value of
these properties-, and,
Whereas: The income property is merely a commodity to derive a source of
revenue for the absentee owner, hence a higher preponderance of non-tenant
caused property code violations, particularly in poorer neighborhoods- and,
Whereas: Although the City Housing and Inspections Department has made some
good progress with the extra district target inspectors, there is still a need
to create a regulated system of uniform code enforcement of rental income
property in the City of Buffalo; and,
Whereas: The City of Buffalo should collect a fee for the inspections to help
cover the costs for the mandator, inspections; and,
Whereas: The City should not duplicate any other ordinances regulating the
rental income business, such as the Certificate for Occupancy for Multiple
Dwellings, but should develop a consistent, uniform licensing plan similar to
previous legislation (see attached-) before the Common Council; and,
Whereas: Owner-occupied doubles should be exempt from the licensing plan, as
these properties are the prime place of residence of the landlord; and,
Whereas: A regular absentee landlord law would mandate a regular inspections
and fee schedule which would prevent the advanced deterioration of properties
through early interdiction and correction, thus saving the taxpayers
potentially millions of dollars in demolition costs, board ups, service calls
from police, fire and inspections, etc.,
Now Therefore Be It Resolved:
That the Corporation Counsel draft and present to the Common Council an
ordinance amendment, using the former ordinance amendment as guide, mandating a
regulation of the absentee landlord business through a licensing and fee plan,
and
Be It Further Resolved:
That the Common Council request the Corporation Counsel to advise the
Council oil whether a tenant accountability ordinance is legal or enforceable
to help responsible landlords in dealing with destructive tenants"
Be It Finally Resolved,
That all parties be invited to appear before the Common Council to
discuss a Licensing of the Rental Housing business, including the Department of
Housing & Property Inspections, Landlord and Tenant groups, neighborhood and
community organizations, etc.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE CORPORATION COUNSEL AND THE
COMMISSIONER OF NEIGHBORHOODS, HOUSING AND INSPECTIONS.
No. 168
By: Mr. Helfer
Appt. Sr. Legislative Asst.
I hereby appoint Debora L. Maccagnano as Senior Legislative Assistant
to the Minority Leader.
ADOPTED.
No. 169
By: Mr. Helfer
National Guard Assistance for City
Whereas: The local Army National Guard has been, through the years,
called upon to assist the City of Buffalo in a variety of emergency situations;
and
Whereas: Most notable among the Guard's contributions has been assistance
with snow removal ; and
Whereas: Although essentially "part-time" in nature, the National Guard
maintains a presence in Buffalo with various divisions headquartered at the
Connecticut and Masten Armories; and
Whereas: The engineering divisions of the National Guard are equipped and
trained to respond to situations involving structures which pose a danger due
to dilapidated or other unsafe conditions. This expertise in either remediation
or demolition is a valuable asset and one which would be of great benefit if
shared with the City of Buffalo, particularly in light of the fact that the
City performs many emergency demolitions at great cost to taxpayers; and
Whereas: The potential for cooperative assistance in demolition/remediation
and other areas between the City of Buffalo and the Army National Guard is an
option that warrants exploration;
Now, Therefore, Be It Resolved:
That this Common Council request that the Corporation Counsel submit an
opinion addressing the issue of utilizing the services of the Army National
Guard for demolition / remediation or other work in the City; and
Be it Further Resolved:
That, pending a response from the local Army National Guard, a meeting be
scheduled with representatives from the National Guard, the Department of
Neighborhoods, Housing and Inspections, and this Common Council to discuss
options for interactive cooperation.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE CORPORATION COUNSEL, THE
COMMISSIONER OF NEIGHBORHOODS, HOUSING AND INSPECTIONS AND THE NATIONAL GUARD.
No. 170
By: Ms. Kavanaugh
Hearing on Proposed Salary Increases For
Elected School Board Members
Whereas: The elected members of the Buffalo Board of Education
voted to raise their annual salaries from $5000 to $10,000; and
Whereas: Those salaries were last increased in 1986, when they went from
$2500 to $5000 a year- and
Whereas: In order for the salaries to be increased, Chapter 452 of the
Charter of the City of Buffalo must be amended by a local law; and
Whereas: This proposal has elicited a great deal of public interest, and
should be discussed in a public forum before any decision is made;
Now, Therefore Be It Resolved:
That this Common Council hereby directs its Education Committee to hold a
public hearing on the proposed salary increase for elected members of the
Buffalo Board of Education; and
Be It Further Resolved:
That the hearing be scheduled for Wednesday, February 7, 1996 at 6:00 PM
in Common Council Chambers.
ADOPTED.
No. 171
By: Mrs. Lockwood
Recovering Costs from Housing Courts Fines
Whereas: "Request Persons convicted in City Court to Reimburse
City for Services rendered to Correct Violations", Resolution # 187, C.C.P.
December 27, 1994 was adopted by the Common Council; and
Whereas: As result, a Committee to Recover Costs from Housing Courts Fines
was established; and
Whereas: The Committee focused on improving the existing procedures to
maximize cost recovery by proposing to monitor the disposition of fines imposed
as a result of property violations referred to City Court-, and
Whereas: In order to track the collection of these fines and improve the
current system, changes were proposed for the Housing Court Screen, which is
computer data used as part of the record keeping system in the Division of
Housing and Property Inspections;
Now, Therefore, Be It Resolved That:
This Common Council requests that John Zebracki, Director of Data
Processing, Matt Baudo, Director of Housing and Property Inspections, and Frank
DiJames, Acting Housing Court Representative, update this Council on the
implementation of the changes and the status of Housing Court Fine collections;
and
Be It Further Resolved That:
The above named individuals are requested to attend the next Finance
Committee meeting to be held on Tuesday, January 30, 1996 at 10 a.m. in the
Common Council Chamber to discuss this matter.
REFERRED TO THE COMMITTEE ON FINANCE, THE COMPTROLLER AND THE COMMISSIONER OF
NEIGHBORHOODS, HOUSING AND INSPECTIONS.
No. 172
By: Mrs. LoTempio
Expanding Police Protection
Whereas: Erie County has offered to help increase police protection
by assigning four sheriff's deputies to work within the city of Buffalo; and
Whereas: Greater police protection is an absolute need in the city, and
increased police presence can only help in this regard-, and
Whereas: In addition, involving the Sheriff's Department might result in
some "cross pollination" of methods and ideas, with long term benefits for the
fight against crime; and
Whereas: It has been reported that the Police Benevolent Association has
vetoed the County's offer; and
Whereas: The PBA reportedly fears the use of the deputies will set a
precedent that will allow the elimination of police positions in the city
budget; and
Whereas: This Council needs to know the details of the County's proposal and
the PBA's objections in order to know if an equitable accommodation can be
reached that will provide greater police protection for the citizens of
Buffalo;
Now, Therefore, Be It Resolved That:
This Council requests Erie County Sheriff Thomas Higgins, Police
Benevolent Association President Robert Meegan and Administration and Finance
Commissioner Eva Hassett to file reports with this Council detailing their
understanding of this proposal and its implications, along with any
constructive suggestions they may have on how to make the proposal work to the
benefit of Buffalo's citizens.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE COMMISSIONER OF ADMINISTRATION
AND FINANCE, THE COMMISSIONER OF POLICE, THE PBA AND THE ERIE COUNTY SHERIFF.
No. 173
By: Mrs. LoTempio
Firefighter Winter Training
Whereas: Because of a shortage of firefighters, the City of Buffalo
initiated a policy of closing up to two firehouses per shift on a rotating
basis; and
Whereas: This was approved as a temporary measure which would be
discontinued after a special class of firefighters was trained during the
winter; and
Whereas: The normal policy of the Fire Safety Division of the Erie County
Department of Emergency Services is to suspend live fire training from about
the beginning of December to the beginning of April in order to protect the
facilities from potential damage caused by the freeze-thaw cycle and to avoid
overtime costs for required snow removal; and
Whereas: Recruits can still meet minimum state training standards for fire
personnel without "live" fire training, but it is certainly preferable that a
working fire not provide the first exposure to heat and smoke; and
Whereas: At the beginning of the class, City and County officials agreed to
work out some provisions to allow for live fire training for this winter class;
and
Whereas: To this point, there has been no resolution of the issue of how to
provide live training for these recruits, and there is concern that the recruit
training will not be completed on schedule; and
Whereas: If the class is not ready by March, the City will be forced to
either extend the closings or pay additional overtime to staff the firehouses;
Now, There Be It Resolved:
That the Buffalo Fire Department, the Firefighters Union, the Bureau of
Fire Training, the Department of Administration and Finance, and the Erie
County Departments of Emergency Services and Public Works be requested to
report to this Honorable Body on what can be done to ensure that the winter
entry level firefighters class will receive full and adequate basic training,
and will be able to begin service with the Buffalo Fire Department on schedule.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE COMMISSIONER OF ADMINISTRATION
AND FINANCE, THE COMMISSIONER OF FIRE AND THE ERIE COUNTY EMERGENCY SERVICES.
No. 174
By Mrs. LoTempio
Appt. Senior Legislative Assistant to the Majority Leader
The Common Council hereby appoints Kathryn M. Gould, 15 Red Jacket
Parkway, Buffalo, NY, to the position of Senior Legislative Assistant to the
Majority Leader, effective January 11, 1996.
ADOPTED.
No. 175
By: Mrs. LoTempio
Appointment of Legislative Assistant to the Council
Now, Therefore, Be It Resolved:
That the Common Council does hereby appoint Antoine M. Thompson, 467
Wyoming Ave., Buffalo, NY 14214, to the position of Legislative Assistant to
the Common Council, effective January 23, 1996.
ADOPTED.
AYES- BROWN, CZAJKA, FRANCZYK, GRAY, HELFER, KAVANAUGH, LOCKWOOD, LOTEMPIO,
PITTS, QUINTANA, WILLIAMS, ZUCHLEWSKI- 12
NOES- COPPOLA- 1
No. 176
By: Mrs. LoTempio
Appoint David Hahn-Baker to the Environmental
Management Commission
Whereas: Article 318 of Section 17 of the City Charter established
the Environmental Management Commission (EMC) and charged it with "advising the
city government on present and proposed methods and plans for the
preservation, enhancement, protection and management of the environment and
encouraging action to improve environmental quality among public and private
agencies and organizations operative within the city of Buffalo"; and
Whereas: The EMC consists of 9 members, 4 appointed by the Common Council, 4
by the Mayor and, according to section 318.2, 1 by the Buffalo Area Chamber of
Commerce; and
Whereas: Richard Moore, a council appointee whose term had expired, has
recently resigned from the Commission after moving out of the city; and
Whereas: David Hahn-Baker has played an active and constructive role in
local and national environmental affairs and would be a strong addition to the
Commission; and
Whereas: Mr. Hahn-Baker chairs the Buffalo Environmental Task Force, a
respected network of local environmental organizations which put on a
successful environmental forum with a newly elected Mayor Masiello and his
administration in the Spring of 1994; and
Whereas: Mr. Hahn-Baker has also served well as chair of the Buffalo Pest
Management Board and is currently on the boards of the Natural Resources
Defense Council, the Center for Environmental Citizenship, the Erie County
Environmental Institute, and the New York League of Conservation Voters;
Now, Therefore, Be It Resolved That:
This Common Council thanks Mr. Moore for his outstanding contributions to
the Environmental Management Commission; and
Be It Further Resolved That:
This Common Council hereby appoints David Hahn-Baker of 440 Lincoln
Parkway (14216) to the Buffalo Environmental Management Commission for a full
two year term, effective immediately.
ADOPTED.
No. 177
By: Mrs. LoTempio
Ordinance Amendment
Chapter 399- Smoking
That the Common Council of the City of Buffalo does hereby ordain
as follows:
That Section 399-13 of Chapter 399 of the Code of the City of Buffalo be
amended to read as follows:
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 work places, public lobbies, rest rooms, storage areas, corridors,
elevators and other enclosed areas within any city building except, that
employees may smoke in those areas where the law requires that employees be
permitted to smoke.
APPROVED AS TO FORM
Edward Peace
Corporation Counsel
Note: Matter underlined is new.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 178
By Mr. Pitts
Appt. Asst. to Council President
I hereby appoint Joe Davis as Assistant to the Council President
effective this date, 1/11/95.
ADOPTED.
No. 179
By: Mr. Pitts
Appointment of Legislative Assistant
to Council President
Now, Therefore, Be It Resolved:
That the Common Council does hereby appoint Linda Dyer-Hurdon, 324
Davidson, Buffalo, NY, to the position of Legislative Assistant to Council
President, effective January 11, 1996.
ADOPTED.
No. 180
By: Mr. Pitts
Reversion of "Times Beach"
to the United States of America
Whereas: By a Quitclaim deed dated April 2nd, 1969 The United States
of America, acting by and through the Secretary of the Army, conveyed to the
City of Buffalo approximately 46.01 acres commonly referred to as "Times Beach"
(the "Property), (the "Deed") and
Whereas: The Deed was duly filed in the Erie County Clerk's Office on
the 9th day of May, 1969 in Liber 7583 of Deeds at Page 55; and
Whereas: The Deed contained the following condition: "The property
conveyed by this instrument is subject to the condition that such real property
shall be used for public park and recreational development purposes and if such
property shall ever cease to be used for such purposes, the title thereto shall
revert to the United States of America"; and
Whereas: The City of Buffalo has attempted to determine the use of the
property for a public park and/or recreational uses. However, the City is
without adequate resources; and
Whereas: The City of Buffalo has not been able to comply with the
conditions of the Deed thus causing an automatic reversion of the property back
to the United States of America.
Now Therefore Be It Resolved That:
Notwithstanding its lack of adequate resources, the City of Buffalo
continues its desire to work with The Army Corp of Engineers, The Secretary of
the Army, and any other departments of the United States to create public parks
and recreational developments in the future.
Further Be It Resolved That:
The Common Council designate the City of Buffalo Office of the
Environment to work with the Army Corp of Engineers, and any other appropriate
departments of the Federal Government to develop a plan to determine the public
use of Times Beach.
Be It Finally Resolved That:
This Common Council does hereby approve the granting of a Quit Claim deed
transferring the property commonly known as Times Beach to the United States,
Mrs. LoTempio now moved to approve the final resolve to grant a quit
claim deed transferring the property commonly known as Times Beach to the
United State government.
PASSED.
AYES- 13 NOES- 0
Mrs. LoTempio now moved that the first two resolves be referred to the
Committee on Legislation and the Environmental Management Commission.
ADOPTED.
No. 181
By: Mr. Pitts
Progress on the Buffalo River
Whereas: The adoption of the Buffalo River Remedial Action Plan
in November of 1989 inspired hope for the cleanup and reuse of the river; and
Whereas: Several years later the river remains contaminated and
under-utilized; and
Whereas: This Council wishes to push forward the process of cleanup and
reuse of the Buffalo River; and
Whereas: Perhaps the most constructive idea to emerge for the long term
health of the river is the 100 foot setback proposed by the Friends of the
Buffalo River; and
Whereas: Under this proposal, the city would seek to expand and maintain
ownership of waterfront property would pledge to maintain ownership of the
first 100 feet of land from the river in the case of the sale of city-owned
waterfront properties, and projects proposed for public or private land would
need to accommodate a 100 foot setback; and
Whereas: The setback would insure the maintenance of a greenway along both
sides of the river and would facilitate the protection and natural
rehabilitation of the river by providing a buffer zone that would filter
contaminants before they can reach the river;
Now, Therefore, Be It Resolved That:
This Council hereby invites the following organizations and individuals
to participate in a summit meeting on the Buffalo River to be held in Council
Chambers on Saturday, February 10th at 10:00 AM:
Friends of the Buffalo River;
Seneca-Babcock, Old First Ward and Valley Community Centers
The Buffalo Environmental Task Force;
Buffalo River Remedial Action Committee;
Buffalo Environmental Management Commission;
Buffalo Sewer Authority;
Industries supporting the Buffalo River Improvement Corporation;
Erie County H20 Quality Coordinating Committee;
Erie County Dept. of Environment and Planning;
New York State DEC;
US Fish and Wildlife Service;
US EPA;
County, state and federal legislators;
South Buffalo Business Association; and
Greenways Task Force.
Be It Further Resolved That:
The purpose of this summit will be to catalogue and make public all
current activities undertaken on behalf of the river and to solicit suggestions
as to the next steps that need to be taken to clean and reuse the river; and
Be It Finally Resolved That:
This Council requests the corporation counsel to draft and file an
ordinance amendment that would establish and protect a I 00 foot setback for
all Buffalo property adjacent to the Buffalo River, Lake Erie, the Niagara
River and the Scajaquada Creek.
REFERRED TO THE COMMITTEE ON LEGISLATION, AND THE CORPORATION COUNSEL
No. 182
By: Mr. Pitts
Set Hearing - Increased Taxi Service Rates
Whereas: The ITA/ Airport Taxi Service, Inc., on behalf of all
City of Buffalo Licensed Taxicabs, has requested an increase in the rates to be
charged by taxicab drivers within the City of Buffalo; and
Whereas: This request is presently before the Common Council's Finance
Committee (Item # 68, CCP 11/28/95); and
Whereas: The last time the rates were changed was in 1990, pursuant to Item
#227, CCP 10/30/90; and
Whereas: The current and proposed rate schedules are as follows:
Current (1990) Proposed (1996)
$ 1.50 1st 1/6 mile or less $1.80 1st 1/6 mile or less
$ .25 ea. add. 1/6 mile $.30 ea. add. mile or less;
$15.00 per hour waiting $18.00 per hour waiting time
($.25 per min. including ($.30 per min. including
traffic delays) traffic delays)
$ 1.00 each trunk $1.00 each trunk
$ 1.00 each large box $1.00 each large box; and
Whereas: It is appropriate that a public hearing be held to address this
request for a rate increase;
Now, Therefore, Be It Resolved:
That this Common Council conduct a public hearing on the proposed rate
increase for taxi service rates (Item # 68, CCP 11/28/95) at 10:00 AM on
Tuesday, January 30, 1996, as a part of the regularly scheduled Finance
Committee meeting in the Council Chamber- and
Be It Further Resolved:
That the City Clerk be directed to publish the appropriate notifications
to publicize the hearing.
ADOPTED.
No. 183
By: Mr. Pitts
Sales Tax Distribution Memorialization
Whereas: Erie County Executive Dennis Gorski included in his 1996
budget projected revenue from the extension of the additional one-percent (1%)
sales tax; and
Whereas: The Erie County Legislature adopted the county budget with the
extra one-percent (I%) sales tax included, and, in addition, has formally
requested the New York State Legislature to again authorize the additional
one-percent (1%) sales tax for Erie County; and
Whereas: Since the county has made final payment on the $75 million debt for
which the additional one-percent (1%) sales tax was originally authorized, it
is patently unfair for Erie County to keep all revenues generated from the
eighth percent in light of the economic hardships that the City of Buffalo and
other Eric County cities, towns, villages, and school districts are
experiencing; and
Whereas: Last year, the Common Council of the City of Buffalo adopted
resolution 143, C.C.P 1/10/95 supporting the establishment of a permanent eight
percent (8%) sales tax beginning in fiscal year 1996 with the provision that a
graduated distribution of the additional one-percent (1%) for all cities,
towns, villages, and school districts in Erie County be included in the
legislation; and
Whereas The Council proposal called for distribution of one-quarter (1/4)
of the additional one-percent (1%) to all Erie County cities, villages, towns,
and school districts in 1996 , and in the three years following 1996, the
distribution of the additional one-percent (1%) to all Erie County cities,
villages, towns, and school districts be increased by one-quarter (1/4) of
one-percent (1%) each year until the full eighth percent is distributed in the
same manner as described in the sales tax agreement; and
Whereas: Deputy Speaker Arthur Eve has also introduced legislation which
proposes a graduated distribution of the additional one percent (1%) sales tax
to the City of Buffalo, and all towns, villages, and school districts in Erie
County demonstrating his understanding of the need for this additional revenue
to each of these entities; and
Whereas: The Common Council recognizes the dire fiscal problems that the
City of Buffalo faces and realizes that additional revenue is the only avenue
for solving some of our financial deficiencies; and
Whereas: The Buffalo School System, despite additional funds from the city,
is facing tremendous deficits in the upcoming fiscal year which could be
lessened by the influx of additional revenue from sales tax; and
Whereas: This Common Council can only support the extension of the
additional one percent (I%) sales tax if there is a sharing of the revenue
generated by this tax with all of the Erie County cities, towns, villages, and
school districts;
Now, Therefore, Be It Resolved That:
The Common Council of the City of Buffalo memorializes the New York State
Legislature to authorize the extension of the additional one-percent (1%) New
York State Sales Tax for the County of Erie for fiscal year 1996 provided that
the distribution of the additional one-percent (1%) be shared with all Erie
County cities, villages, towns, and school districts in the same manner as
described in the sales tax agreement; and
Be It Further Resolved That:
This Common Council direct the City Clerk to forward certified copies of
this resolution to the Secretary of the New York State Senate, the Clerk of the
New York State Assembly, the local delegation of the New York State
Legislature, the Erie County Executive, the Erie County Legislature, school
districts, and all Town Boards in Erie County.
ADOPTED.
AYES- COPPOLA, CZAJKA, FRANCZYK, HELFER, LOCKWOOD, LOTEMPIO, PITTS, QUINTANA,
WILLIAMS, ZUCHLEWSKI- 10
NOES- BROWN, GRAY, KAVANAUGH- 3
No. 184
By: Mr. Pitts
Ordinance Amendment
Chapter 35 - Personnel Policies
The Common Council of the City of Buffalo does hereby ordain as
follows:
That Section 35-14 of Chapter 35 of the Code of the City of Buffalo be
amended to read as follows:
35-14. Undertaking required.
Each person now holding the office enumerated in this section or who is
hereafter elected or appointed thereto shall execute and cause to be approved
and filed in the office of the Comptroller and kept in force an undertaking to
the City of Buffalo in the penal sum set opposite the title or designation of
the office, conditioned that he will faithfully discharge the duties of his
office and promptly account for, pay over and deliver all money and property
received by him belonging to said city or, in default thereof, that the parties
executing such undertaking will pay all damages, costs and expenses resulting
from such not exceeding the sum therein specified. Each such undertaking shall
be executed by the officer as principal and by an incorporated surety company
authorized by law to transact business in the State of New York as surety. The
undertaking be subject to approval by the Corporation Counsel as to form and by
the Comptroller as to sufficiency. The undertakings of the respective officers
shall be:
Officer Amount
President of the Council $ [50,000.00] 100,000.00
Mayor $ [50,000.001 100,000.00
Comptroller $ 300,000.00
Commissioner of $ 300,000.00
Administration and Finance
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. 185
By: Mr. Pitts
Placing banners on Elmwood Avenue at Forest Avenue
and Niagara Square Rotary for ARTVOICE.
Whereas: Artvoice will be having a Mardi Gras party at the Hyatt
Regency on February 20, 1996 with attendance expected
to be 2,000 people; and
Whereas: To advertise this event Artvoice would like to place banners from
February 6, thru February 20, 1996; and
Whereas: Artvoice is the city's leading cultural newspaper; and
Whereas: The Artvoice Mardi Gras party is a fund-raiser, with proceeds going
to AIDS community service.
Now, Therefore Be It Resolved That:
The Common Council approves permission for Artvoice to place banners at
Niagara Square Rotary from February 6, thru February 20, 1996;
Be It Further Resolved That:
Signage would be subject to conditions established by the Public Works,
Fire and Police Departments.
PASSED.
AYES- 13 NOES- 0
No. 186
By: Mr. Pitts
CHANGE OF RULE 4
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 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] Senior Legislative Assistant to the Majority.
(12) Appointment of [Secretary] Senior Legislation Assistant 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.
NOTE: Matter in brackets [] to be deleted;matter underlined is new.
ADOPTED
No. 187
By: Messrs. Quintana, Pitts and Mrs. Williams
Sidewalk Shoveling
Whereas: Article VIII, Section 413-50 of the Ordinances of the
City of Buffalo states that: "It shall be the duty of every owner or occupant
of any premises abutting any public street to remove before 9: 00 AM all snow
and ice which may have fallen upon the sidewalk abutting the said premises;"
and
Whereas: This legislation enacted to help ensure that the sidewalks of
Buffalo would be safe and passable during the winter months; and
Whereas: When sidewalks are unshoveled people are forced to walk in the
streets, which is not only an inconvenience but a significant safety hazard as
well, especially for children and senior citizens; and
Whereas: While unshoveled sidewalks are a concern throughout the city, they
are a particular problem in the areas around schools, government buildings,
community centers, and business strips; and
Whereas: Despite the obvious dangers that are created when pedestrians share
snowy and icy streets with cars and other vehicles, the City of Buffalo does
not enforce its sidewalk shoveling ordinance; and
Whereas: The City also does not have any type of organized program designed
to ensure that sidewalks are cleared of snow during the winter months; and
Whereas: Perhaps it is time for the City to consider aggressively enforcing
its sidewalk shoveling ordinance, especially in areas surrounding schools,
churches, business strips and community centers; and
Whereas: The City may also be able to work with the Erie County Department
of Social Services, block clubs, community-based organizations and other
entities to develop a program to help the elderly and disabled clear their
sidewalks of snow; and
Whereas: The City may also want to consider using its own workers and
equipment to remove snow from the sidewalks located around key service
providers; and
Whereas: Whatever approach is taken, it is clear that the City needs to
develop a comprehensive, well-considered strategy designed to make certain that
the sidewalks are made safe and accessible for pedestrians throughout the year;
Now, Therefore Be It Resolved:
That this Common Council requests that the Commissioner of Streets
Sanitation, the Corporation Counsel, the Director of Administrative
Adjudication and the Commissioner of Human Services, Parks and Recreation to
report on the feasibility of enforcing the sidewalk shoveling ordinance; and
Be It Further Resolved:
That the aforementioned departments also be requested to report on the
advisability of establishing a program which would assist local businesses and
residents in shoveling their sidewalks.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE CORPORATION COUNSEL, THE
COMMISSIONER OF STREET SANITATION, THE COMMISSIONER OF ADMINISTRATION AND
FINANCE, THE COMMISSIONER OF HUMAN SERVICES, PARKS AND RECREATION, COMPTROLLER,
AND THE ADVOCACY OFFICE FOR WITH HANDICAPPING CONDITIONS.
No. 188
By: Mr. Quintana
Presentation by Clarkson Center-WARM Program
Whereas: The Department of Neighborhoods, Housing and Inspections
has negotiated a cooperative agreement between the New York State Department of
State, Buffalo Neighborhood Revitalization Corporation acting on behalf of the
City of Buffalo, and the Clarkson Center for Human Services, Inc. to conduct a
program called the Weatherization Assisted Repair Model (WARM); and
Whereas: The WARM Program's combined funding will total $300, 000 ($ 1
00,000 Buffalo Urban Renewal Agency HOME funds and $200,000 - New York State
Department of State) and will be administered by the Clarkson Center for Human
Services, Inc. and
Whereas: Homes needing emergency services will be referred to the Clarkson
Center for Human Services, Inc. by the Division of Neighborhoods; and
Whereas: Although the Weatherization Assisted Repair Model program was very
successful in its first year, some councilmembers and many residents in the
community may not realize the role of the Clarkson Center for Human Services,
Inc. or what the WARM Program entails;
Now, Therefore, Be It Resolved:
That the Common Council invites the President of the Clarkson Center for
Human Services, Inc. and/or its representative to give a presentation to this
Honorable Body on the Weatherization Assisted Repair Model program.
REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT.
No. 189
By: Messrs Quintana and Helfer and Mrs. Lockwood
Memorialize The New York State Legislature To Alter
The Time Of Board Of Education Elections
Whereas: Article 52, Section 2553, subdivision 10 of the New York
Education Law mandates that the election of the members of the Board of
Education of the School District of the City of Buffalo be held on the first
Tuesday in May in the appropriate years; and
Whereas: Voter participation in this election has for years been very low,
as evidenced by the May 1994 turn out of 18,747 voters (12% of registered city
voters) and the May 1995 turn out of 9,553 voters (6.3% of registered city
voters); and
Whereas: The City of Buffalo, pursuant to Section 4-136 of the New York
Election Law, has to bear the considerable expense of conducting these
elections, and in fact was faced with a bill of approximately $157,000 for the
May 1994 election and $146,000 for the May 1995 election; and
Whereas: In order to increase voter participation and decrease costs it
would be most beneficial to return the School Board election process to
coincide with the traditional November general election;
Now, Therefore, Be It Resolved:
That the New York State Senate and Assembly are hereby requested by this
Common Council to amend the Education Law so that members of the Buffalo Board
of Education will be elected at the general elections held in the City of
Buffalo; and
Be It Further Resolved:
That the City Clerk forward certified copies of this memorialization to
the Secretary of the State Senate, the Clerk of the State Assembly, and to the
members of the Western New York Delegation of the New York State Legislature.
REFERRED TO THE COMMITTEE ON EDUCATION, BOARD OF EDUCATION, COMMISSIONER OF
ADMINISTRATION AND FINANCE, AND COMPTROLLER.
No. 190
By: Messrs. Zuchlewski, Coppola, Quintana, Pitts and Ms. LoTempio,
Kavanaugh, Gray
Change Parking Regulations on Elmwood Ave.
Whereas: Elmwood Ave. has a unique blend of boutiques, antique
shops, art studios, fine dining establishments and entertainment venues, when
combined with one of the most viable residential corridors, makes this street
one of the vital life lines of the City of Buffalo, and
Whereas: In recent years, a Small Business Initiative has been implemented
along Elmwood Ave. which has included new parking facilities, a revitalization
of the Blue Neon theme highlighted by the relighting of the Tango Dancers, the
expansion and opening of 25 businesses in the past year, the repaving of the
street, the commencement of a series of Family Festivals, white lights along
the street at Christmas and the $500,000 curb and sidewalk project about to be
bid, and
Whereas: The above named "initiatives" have been brought about through the
joint efforts of Forever Elmwood, the Elmwood Task Force, the Common Council
and the Masiello Administration, and
Whereas: Forever Elmwood and the Elmwood Task Force are now requesting to
remove the parking restrictions on Elmwood Ave. which prohibit parking between
the hours of 7:00 am and 9:00 am on the west side of the street and between the
hours of 4:00 pm and 6:00 pm on the east side of the street, and
Whereas: The hours the City is prohibiting parking coincide with some of the
peak business hours along Elmwood Ave. when people are going to and coming home
from work, and
Whereas: The parking restrictions were designed to assist residents to make
a quick entrance and exit from the city, which is contrary to our
revitalization efforts, and
Whereas: As one of the main business corridors in the City of Buffalo, we
must cooperate and attempt to make the Elmwood Business District more "user
friendly," to encourage commerce and strengthen this city asset, and
Whereas: The City of Buffalo has continuously provided large developers with
a series of incentives which have included low interest loans, parking ramps,
UDAG grants, infrastructure improvements, etc. and
Now, Therefore Be It Resolved:
That this Common Council extends its full support to Forever Elmwood and
the Elmwood Task Force in their efforts to have the rush hour parking
prohibitions removed in an effort to further encourage business retention and
development along this most important corridor.
Be It Further Resolved:
That this Common Council send copies of this resolution to the Mayor, the
Commissioner of Public Works and the Commissioner of Community Development.
ADOPTED.
No. 191
By: Mr. Zuchlewski
Felicitations/In Memoriam
Attached hereto are Felicitation and In Memoriam Resolutions sponsored
by Members of the Common Council as indicated::
Felicitation for Shea's Performing Art Center
By Councilmember Pitts
Felicitation for Mary Payne
By Councilmember Brown
Felicitation for Dr. Harley Flack
By Councilmember Pitts
Felicitation for Martin Luther King Day
By Councilmember Pitts
Felicitation for Winona Kirkland
By Councilmember Brown
ADOPTED.
No. 192
By: Mr. Zuchlewski
Appointments
Commissioner of Deeds
That the following persons are hereby appointed as Commissioner
of Deeds for the term ending December 31 1996 , conditional upon the person so
appointed certifying under oath to their qualifications and filing same with
the City Clerk:
Beth Ann M. Hess
Lisa D. Nice
Leslie A. Sickau
Cheryl Lane M. Robertson
Hollie M. Celli
ADOPTED.
No. 193
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:
Anita Clark
Kelly A. Gibbons-Glinski
Alpha LaVada Collins
Ellen M. Donoghue
Jenyne B. Langhorne
Gregory J. Jacobs
M.J. Jaskula
Anthoine Thompson
ADOPTED.
No. 194
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, Jan. 30, 1996 9:30 AM
Finance Tuesday, Jan. 30, 1996 following Civil Service
Legislation Tuesday, Jan. 30, 1996 2:00 PM
Community Dev. Wednesday, January 31, 1996, 10:00 A.M.
Education Wednesday, January 31, 1996 following C.D.
No. 195
Adjournment
On a motion by Mrs. LoTempio, Seconded by Ms. Gray the Council
adjourned at 4:06 P.M.
CHARLES L. MICHAUX, III
CITY CLERK
Board of Police and Fire Pension Proceedings #1
Council President's Office - 1315 City Hall
January 25,1996
Present: James W. Pitts, Council President; R. Michael McNamara, Deputy
Comptroller-2
Absent: Anthony M. Masiello, Mayor-1
The Journal of the last meeting was approved.
No. 1
I transmit herewith the Pension Payroll for the Fire Pension Fund
for the month of January 1996 amounting to $27,727.42, and respectfully request
that checks be drawn to the order of the persons named herein for the amounts
stated.
Adopted
Ayes-2. Noes-0.
No. 2
Mr. Pitts moved to accept the Treasury Statement of Disbursements
for the Fire Pension Payroll for the quarter ended 9/30/95.
Received and Filed.
No. 3
I transmit herewith the Pension Payroll for the Police Pension
Fund for the month of January 1996 amounting to $29,707.64, and respectfully
request that checks be drawn to the order of the persons named herein for the
amounts stated.
Adopted.
Ayes-2. Noes-0.
No. 4
The following annuitant has been canceled from the Police Pension
Payroll:
Josephine Lewis Died 12/11/96
Received and Filed
No. 5
Mr. McNamara moved to accept the Treasury Statement of Disbursements
for the Police Pension Payroll for the quarter ended 9/30/95.
Received and Filed.
No. 6
On motion by Mr. Pitts, the City of Buffalo Police and Fire Pension
Board Meeting adjourned at 11:10 a.m.